Jurisdiction — NAFTA, Article 1131(1) — Whether tribunal has jurisdiction to review violations of GATT — NAFTA, Articles 1116 and 1117 — Limitation on tribunal's jurisdiction — Whether tribunal may seek guidance in GATT/WTO jurisprudence
Procedure — Applicability of lex loci arbitri to procedural matters — UNCITRAL Rules, Article 32(2) — Whether partial award is final and binding — UNCITRAL Rules, Article 15(1) — Whether tribunal may reconsider a partial award at later stage — UNCITRAL Rules, Article 35 — Whether partial award has different binding force from final award
Jurisdiction — Challenge to arbitrator — UNCITRAL Rules, Article 12(1) — No power of UNCITRAL tribunal to decide challenges to arbitrators
Jurisdiction — NAFTA, Article 1101 — Measures relating to investors and investment — Affirmative finding under Articles 1102, 1105 and 1110 of NAFTA as evidence of “relationship” under Article 1101 — Failure to show intention to harm foreign producers — Failure to show a significant connection between the challenged measures, the investor and the investment
Procedure — Amendment of claim — UNCITRAL Rules, Article 20 — Whether claimant may rely on amended legislation as evidence — Due process of law — Whether claimant may bring new claim relating to amended legislation — NAFTA, Article 1121(1) — Requirement of waiver — When amendment permissible under Articles 1116 and/or 1117 of NAFTA — Requirement to show loss and damage
Evidence — Admissibility of evidence — Requirement to make request for disclosure of evidence in timely manner — Good faith in collecting evidence — Claimant's indifference to the legality of evidence collected — UNCITRAL Rules, Article 15(1) — Equal treatment and procedural fairness — UNCITRAL Rules, Article 25(6) — Tribunal's discretion to admit evidence — No value of evidence obtained unlawfully — Credibility of evidence — When tribunal may resort to inference
Interpretation — Vienna Convention on the Law of Treaties, Article 32 — When recourse to supplementary means is appropriate
Interpretation — NAFTA, Article 1102 — Cumulative requirement to demonstrate intention to favour domestic investors and “like circumstances” — Whether comparator of “like circumstances” should be whole industry or identical investor — Intention to discriminate — Whether GATT/WTO jurisprudence is relevant in interpretation
Interpretation — NAFTA, Article 1105 — Vienna Convention on the Law of Treaties, Article 31(3)(a) — Whether interpretation by NAFTA Free Trade Commission is a “subsequent agreement” — NAFTA, Article 1105, minimum standard of treatment — Whether measures arbitrary, unfair, unjust and discriminatory — Whether differentiation between nationals and aliens permitted — Customary international law
Expropriation — NAFTA, Article 1110 — Measure tantamount to expropriation — Whether regulation for public purpose expropriatory and compensable
Costs — UNCITRAL Rules, Article 40 — Whether unsuccessful party should bear all costs — Apportionment of costs — Reasonable costs
