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Scope of government procurement explained
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Tribunal exercises jurisdiction over issues not raised in ADF’s notice of intention to arbitrate; finds claims related to other projects inadmissible for lack of evidence
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Article 1102 claim fails because local steel requirement applied to US and foreign investors equally, and claimant fails to prove de facto discrimination
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On merits, goods produced by ADF fall within scope of Article 1102
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Alleged breach of domestic law – flowing from allegedly discretionary application of law – is not FET breach
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Generalised ‘bad faith’ claim cannot breach FET; also not made out on facts
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‘Buy America’ provision does not violate FET, since many states impose similar requirements
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ADF’s MFN claim fails for lack of proof
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No expectations from domestic case-law interpreting a different statute
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ADF fails to prove that NAFTA minimum standard of treatment includes an autonomous obligation of FET and full protection and security
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The US did not indirectly enforce the Buy America provision through the VDOT
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The ‘Buy America’ provision
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Parties disagree on arbitration seat; considerations of cost of support services and location of subject-matter lead tribunal to pick Washington DC
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