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Loewen Group Incorporated and Loewen (Raymond L.) v United States, Award, ICSID Case No ARB(AF)/98/3, IIC 254 (2003), (2005) 7 ICSID Rep 442, (2003) 42 ILM 811, (2003) 15(5) World Trade and Arb Mat 97, 25th June 2003, despatched 26th June 2003, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]

Loewen Group Incorporated and Loewen (Raymond L.) v United States, Award, ICSID Case No ARB(AF)/98/3, IIC 254 (2003), (2005) 7 ICSID Rep 442, (2003) 42 ILM 811, (2003) 15(5) World Trade and Arb Mat 97, 25th June 2003, despatched 26th June 2003, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 12 December 2019

1. This is an important and extremely difficult case. Ultimately it turns on a question of jurisdiction arising from (a) the NAFTA requirement of diversity of nationality as between a claimant and the respondent government, and (b) the assignment by the Loewen Group, Inc. of its NAFTA claims to a Canadian corporation owned and controlled by a United States corporation. This question was raised by Respondent's motion to dismiss for lack of jurisdiction filed after the oral hearing on the merits. In this Award we uphold the motion and dismiss Claimants' NAFTA...
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