The SD Myers v. Canada case set key precedents in NAFTA arbitration, clarifying national treatment, minimum standard of treatment, and damages in non-expropriation cases. The Tribunal found Canada's PCB export ban discriminatory, awarding SDMI CAN$6 million in compensation.

The Tecmed v. Mexico case (ICSID Case No. ARB(AF)/00/2) established that politically motivated regulatory actions can constitute expropriation. The tribunal ruled that Mexico’s refusal to renew a landfill permit violated investor protections, awarding $5.5M in damages.