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Glamis Gold Ltd v United States, Award, IIC 380 (2009), 14th May 2009, despatched 8th June 2009, Ad Hoc Tribunal [UNCITRAL]



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Whether or not the actions of the United States government and the government of California amounted to an expropriation of the Claimant’s investment in violation of Article 1110 of the North American Free Trade Agreement (‘NAFTA’).

Whether or not the United States breached the international minimum standard of full protection and security and fair and equitable treatment in violation of Article 1105 of the NAFTA.

Keywords: Arbitral rules & institutions; UNCITRAL Arbitration Rules; Specialized treaty frameworks; NAFTA (North American Free Trade Agreement); Jurisdiction of arbitral tribunals; Arbitrability; Time limitations (and jurisdiction); Standards of treatment; Arbitrariness; Fair and equitable treatment standard; International minimum standard; Legitimate expectations; Expropriation; Indirect expropriation; Regulatory expropriation (or regulatory taking); Treaties, interpretation; Authority of previous decisions (precedents); Rules of treaty interpretation

Legal Material.  148756 words.  Illustrated.

Subjects: Public International Law ; International Law ; Arbitration ; Law

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