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S.D. Myers v. Canada

Type of decisionSecond Partial Award
Date of decision21 October 2002
J. Martin Hunter (President)
Bryan P. Schwartz
Edward C. Chiasson
Legal instrumentNorth American Free Trade Agreement
Related decision(s)
Further information

Statements from this decision

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Recovery of loss of opportunity
Remarks regarding goodwill as part of the recovery of damages
Description of the difficulties of quantifying the loss of future profits
Issues of causation when claimant asserts a loss of profits
General remarks regarding the assessment of compensation
Methodology to assess the loss of income stream
In case the claimant asserts a lost income stream as damage, the currency in which damages are awarded and which determines the interest rates is the currency of the lost income
A private entity might have different rights under different trade provisions, which in general complement, rather than diminish, each other; thus, the characterization of an investment as a cross-border service provider within the meaning of Chapter 12 does not prevent an investor from bringing a claim under Chapter 11
To be recoverable, damages need not be incurred within the host state


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