Arbitration — Investor — State arbitration — NAFTA Chapter 11 — Jurisdiction — Standard for challenge before national court — Scope of protection under NAFTA Chapter 11 — Whether tribunal exceeded its jurisdiction by awarding damages for loss of profits by United States company in respect of sales to Mexican subsidiary

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969, Article 31(3)(b) — Subsequent practice of the parties — Whether NAFTA Parties had manifested common position — Whether NAFTA Chapter 11 tribunal exceeded jurisdiction if it disregarded that position — The law of Canada