The Latest from the Grand River Case

I've been blogging a bit about NAFTA Chapter 11 non-discrimination standards (see here and here) by following the parties' submissions in the Grand River Enterprises case.  The claimants' reply memorial is now available here.  There's not too much for me to discuss in this latest brief.  There's some talk about the role of intent and which investors are comparable, but not much on whether a "discriminatory effect" on foreign investors is required and how the existence of such an effect should be determined.  We'll see if the U.S. has anything more to say in its next brief.  See pages 53-67 for all the details.