Expropriation — Taking of property — Contractual rights — Decision by municipal authorities to annul contract — Annulment upheld by successive decisions of administrative tribunals and appeal courts
Jurisdiction — Acceptance of jurisdiction of municipal courts not fatal to icsid jurisdiction — Claimant not entitled to seek international review of municipal court decisions — icsid tribunal has no plenary appellate jurisdiction — Not enough for Tribunal to disagree with determination of municipal courts — Government action validated by municipal courts — Municipal courts disavowed at international level — Whether denial of justice or a pretence of form to achieve internationally unlawful end — Whether fundamental departure from established principles under municipal law
Municipal law — Whether decisions of municipal courts in breach of international obligations — International arbitral tribunals not bound by decisions of national courts — Possibility of holding State internationally responsible for national court decisions — Claimant not entitled to seek international review of national court decisions — icsid tribunal has no plenary appellate jurisdiction — Requirement of denial of justice or a pretence of form to achieve internationally unlawful end — Whether fundamental departure from established principles under municipal law — Relevant standards for annulment under municipal law — Whether fundamental departure from established principles under municipal law
Parties — Permissibility of claims made by non-national of nafta party — Objections decided only after determination of liability on merits — Exclusion of recovery on account of non-qualified investments
Procedure — Procedure in municipal courts — Denial of justice — Pretence of form — Clear and malicious misapplication of law — Relevant standards for annulment under municipal law — Fundamental departure from established principles under municipal law
