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Case filed in 1998; arbitrator challenge follows 2001 jurisdictional decision
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Claimants’ choice to settle instead of pursuing other local remedies dooms its merits case
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New US filing alleges that claimant’s change in nationality removes tribunal’s jurisdiction
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Other jurisdictional objections held over for merits
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Tribunal applies customary rule on continuous nationality to NAFTA, agrees with US contention and denies jurisdiction
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Trial likely violated NAFTA minimum standard of treatment – but ultimate liability depends on exhaustion of local remedies, tribunal says
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Tribunal finds Mississippi trial ‘flawed’, and a ‘miscarriage of justice’
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Tribunal finds that NAFTA requires exhaustion for claims over judicial conduct
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Tribunal flags later merits discussions over exhaustion of local remedies
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Trial’s compensation and punitive damages awards were prima facie excessive and disproportionate
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Domestic court rulings in private law disputes are ‘measures’ under NAFTA
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Supplementary decision confirms dismissal of individual claimant’s merits arguments; later set-aside bid is ruled time-barred
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