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The Final Award In Mondev International V. United States Of America

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Chapter Summary

The reasoning provided by the tribunal in the Mondev v. United States case has certainly helped structure the chain of North American Free Trade Agreement (NAFTA) investment law awards. This chapter presents the factual background and the judicial proceedings of the case. It discusses the adequacy of the award, showing that the tribunal has not well reasoned its Article 1105 claim. The chapter also discusses the sufficient treatment of the Article 1102 claim. Beyond the Mondev case itself, the international investment law community would have benefited from such an eminent tribunal addressing the question of expropriation in an extensively reasoned way. As noted by R. Ahdieh, like the Final Award in Loewen, the Mondev tribunal's decision is suggestive of a "dialectical pattern of engagement". Moreover, the tribunal had to explore in depth a number of issues not directly presented but potentially relevant to future domestic cases.

Keywords: Article 1102 claim; Article 1105 claim; investment law awards; Mondev; North American Free Trade Agreement (NAFTA); R. Ahdieh; United States



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