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Facts need to be proven, as objection is jurisdictional in character
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Individual opinion reviews undiscussed objections, and finds them without merits
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Salini test excluded by the treaty’s definition of investment
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FTA imposes no need for foreign origin of funds
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Only investments that changed in magnitude or scope can fall under the FTA’s scope
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Predominant use of investment at acquisition time determines whether the claimant had an expectation of gain or profit
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Risk must go beyond risks inherent in any asset
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Investment is not covered by the FTA as claimant obtained US nationality after its entry into force
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