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Anastasiya Ugale

Windstream Energy LLC v Canada, Award, PCA Case No 2013-22, IIC 896 (2016), despatched 27th September 2016

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 04 March 2024

The circumstances under which the acts of an independent non-share capital corporation would be attributable to the state.

What constituted substantial deprivation for the purposes of indirect expropriation.

The content of the minimum standard of treatment under Article 1105(1) of the North American Free Trade Agreement (the ‘NAFTA’) and how should it be determined.

What constituted ‘like circumstances’ for the purposes of the most-favoured nation or national treatment standards contained in Articles 1102 and 1103 of the NAFTA.

How damages should be quantified for a violation of the relevant treaty when the claimant continued to maintain the rights to a substantial portion of its investment.

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