Arbitration Awards, Arbitration Proceedings, International Courts, Investment Arbitration, Jurisdiction, North America
The “difference without a distinction” strikes again in Glamis Gold: notes on the persisting confusion of preliminary objections to “admissibility” with objections to “jurisdiction” in investment disputes
In one of the most recent NAFTA awards, Glamis Gold v. United States, the United States (“US”) raised objections to the tribunal’s “subject matter jurisdiction” against Glamis’ claims of expropriation under NAFTA Chapter 11. The US argued that the Canadian mining company’s claims based on recently passed California legislation were not “ripe” because the legislative…