Pope & Talbot Incorporated v Canada, Award on the merits of phase 2, IIC 193 (2001), 10th April 2001, Ad Hoc Tribunal (UNCITRAL)
To what extent the terms ‘investments of investors’ and ‘treatment no less favourable’ could be interpreted under Article 1102 of the North American Free Trade Agreement (‘NAFTA’).
Whether standards could be employed in determining whether an investment had been denied ‘treatment no less favourable’ than that received by the investments of the NAFTA party’s nationals.
To which nationals of the respondent party could the investment be compared, ie which of the Canadian owned investments were ‘in like circumstances’ to the investment.
To what standard of protection were investors entitled, under Article 1105.