Corruption allegations loomed in case

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Unusual epilogue and public comments from US arbitrator prompt discussion of arbitrator politics and party-appointment processes

Case filed in 1998; arbitrator challenge follows 2001 jurisdictional decision

Trial’s compensation and punitive damages awards were prima facie excessive and disproportionate

Claimants’ choice to settle instead of pursuing other local remedies dooms its merits case

New US filing alleges that claimant’s change in nationality removes tribunal’s jurisdiction

Domestic court rulings in private law disputes are ‘measures’ under NAFTA

Other jurisdictional objections held over for merits

Tribunal applies customary rule on continuous nationality to NAFTA, agrees with US contention and denies jurisdiction

Trial likely violated NAFTA minimum standard of treatment – but ultimate liability depends on exhaustion of local remedies, tribunal says

Tribunal finds Mississippi trial ‘flawed’, and a ‘miscarriage of justice’

Tribunal finds that NAFTA requires exhaustion for claims over judicial conduct

Supplementary decision confirms dismissal of individual claimant’s merits arguments; later set-aside bid is ruled time-barred

Tribunal flags later merits discussions over exhaustion of local remedies

The legal standards: substantial deprivation or political retaliation for impertinent publications

… yet, at a later date, tribunal says that earlier procedural order did not enjoin tax investigation

On-again and off-again criminal proceedings are concerning, but majority does not penalize state for refusing to explain actions of its prosecutors

In second provisional measures request, claimant sought (among other things) to halt criminal proceedings against director of its Ukrainian subsidiaries

Majority sees some evidence as supporting claimant’s case, but also sees a legitimate rationale for investigating the claimant’s business

Tests of necessity and urgency are not met, and tribunal notes that criminal proceedings had been on foot for years before claimant raised them in a provisional measures request

Claimant’s second and third requests involved asset freezing that had already ended, and a tax investigation that did not meet necessity and urgent tests

Claimant advanced only one theory: that they were victim of a grand campaign of politically-driven harassment

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