I talked about the non-discrimination aspects of the Grand River Enterprises NAFTA Chapter 11 dispute here, here and here. Based on the arguments made by the parties, I was hopeful that the decision would have something interesting to say about these issues. Alas, it was not to be. The decision is here. The non-discrimination parts are in paras. 156-172, but the tribunal rejects the claim without getting into the systemic issues I discussed in the previous posts.
Other aspects of the decision, such as the existence of an "investment," the expropriation claim, and the fair and equitable treatment claim, were more detailed. Also, I'll just mention that, at first glance, this decision seemed pretty well-written and readable, so if you've been intimidated by certain NAFTA Chapter 11 decisions in the past (as I have been!), this is not a bad place to start.
