Reasonableness of Non-Pursuit of Judicial Review after the Treaty Breach Clause Samples

Reasonableness of Non-Pursuit of Judicial Review after the Treaty Breach. 215. In any event, even if one considered that the duty of mitigation of damages in the present case did extend to judicial review, the Tribunal finds that it was not unreasonable for the Investors to refrain from seeking to re-establish the lost opportunity of having their project assessed consistently with NAFTA through judicial review proceedings.