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In fleshing out the demands of NAFTA Article 1105, the tribunal emphasized several points.
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Level of host state development does not alter minimum standard
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Indigenous group filed amicus curiae brief, contending that US government could not represent its interests in the case
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Tribunal also accepted several other amicus curiae submissions, filed in support of both parties
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US objections did not satisfy test for bifurcation
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Glamis Gold tribunal established prominent three-part test for bifurcation
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Tribunal adopted test from US law for privilege over inadvertently released documents
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Tribunal dismisses relevance of many rulings in BIT arbitrations
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Arbitrators rule that project value was not destroyed
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