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Published online by Cambridge University Press: 01 January 2021
icsid (Additional Facility) — Rules — Venue of arbitration — Relevant factors — Neutrality of forum — Applicability of New York or Panama Conventions — Differences between two Conventions — Positions taken by Government of Canada in earlier proceedings — Whether relevant — Convenience of parties and counsel — nafta Articles 1122, 1130 — Arbitration (Additional Facility) Rules, Articles 20, 21
nafta — Chapter 11 — First arbitration commenced without valid waiver under Article 1121(2)(b) — First Tribunal deciding that it lacked jurisdiction over the claim — Whether new proceedings permissible — nafta Articles 1120, 1121
Arbitration — Res judicata — Decision denying jurisdiction of first Tribunal — Whether precluding new arbitration on same claim — Interpretation of first Tribunal’s decision — nafta Article 1136 — icsid (Additional Facility) Rules, Article 53(4)
Arbitration — Abuse of process — Successive arbitrations of same claim — Whether Tribunal has inherent power to stay proceedings — No evidence of lack of bona fides — Second arbitration allowed
Costs — Costs and expenses — Unsuccessful jurisdictional objection — Whether Respondent should be required to pay costs and expenses in any event — Extent of Tribunal’s discretion