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.

Expropriation in international investment law is the compulsory taking of foreign investors' assets by a host state, balancing sovereign rights with investment protection. It includes direct and indirect forms, requiring fair compensation and due process.