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All of the respondent’s jurisdictional objections raise novel points of law and cannot ground a dismissal under Rule 41
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Rule 41 dismissals are ill-suited to cases where parties hold arguable positions in legal debate
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Background: Dispute centres around railway construction and repair venture
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Costs follow the event, except for unexplained fee by law firm that did not appear in the arbitration
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Tribunal cannot opine on availability of other fora to hear WCC’s claims
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Neither estoppel, abuse of rights, or preclusion can offer a jurisdictional basis to the claims absent compliance with the treaty’s requirements
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USMCA’s legacy investments provisions require the alleged investment to be “in existence” when the treaty entered into force
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Even if NAFTA allowed tolling of limitation period, arbitration with different claimant could not trigger such a suspension
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Expropriation claim was not raised in earlier case and is thus time-barred
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Background: Claimant’s coal phase-out claims are initially withdrawn to be prosecuted by different entity, only to fail on jurisdictional grounds, leading to re-filing of arbitration
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