Methanex Corporation v. United States of America

Abstract

Procedure — Place of arbitration — UNCITRAL Notes on Organizing Arbitral Proceedings — Suitability of law on arbitral procedure and enforcement — Availability and cost of support services — Location of subject-matter of dispute — Neutrality

Procedure — Amicus curiae petitions — UNCITRAL Arbitration Rules, Article 15(1) — Tribunal’s power to accept — UNCITRAL Arbitration Rules, Article 25(6) — Tribunal’s discretion to deal with submissions — UNCITRAL Arbitration Rules, Article 25(4) — Requirement for oral hearings to be held in camera — Confidentiality — Amicus curiae submissions permitted but petitioners not to be present at in camera oral hearings — Disclosure of arbitration materials to petitioners a matter for disputing parties not Tribunal

Interpretation — North American Free Trade Agreement, Chapter 11 — Vienna Convention on the Law of Treaties, 1969, Article 31(1) — No rule of restrictive interpretation

Procedure — Distinction between challenges to jurisdiction and challenges to admissibility — UNCITRAL Arbitration Rules, Article 21(1) — Tribunal’s power to rule on objections to jurisdiction and admissibility — No power to rule on admissibility of claim

Procedure — Challenges to jurisdiction — Standard of proof required of Claimant on allegations of fact and law at preliminary stage — Credible allegations of factual and legal basis of claim sufficient

Interpretation — NAFTA, Article 1101(1) — “Relating to” — Legally significant connection between disputed measure and investor required to establish claim