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United Mexican States v. Metalclad Corporation
Published online by Cambridge University Press: 01 January 2021
Abstract
Municipal law — Choice between two laws — International Commercial Arbitration Act — Exclusive application to international commercial arbitration — Relationship between Claimant and Respondent not regulatory in nature but concerned treatment of investors — Grounds for annulment
Applicable law — nafta Chapter 11 arbitration restricted to claims for breach of Chapter 11 and Chapter 15 obligations — Interpretation of Article 1105 — Minimum standard of protection — Tribunal misstated applicable law to include Chapter 18 obligation of transparency — Obligation to ensure transparent and predictable framework for investment — Matter beyond scope of submission to arbitration
Expropriation — nafta Article 1110 — Measures tantamount to expropriation — State permitted or tolerated conduct of municipality amounting to unfair and inequitable treatment in breach of Article 1105 — Analysis infected by erroneous application of principle of transparency — Matter beyond scope of submission to arbitration
Expropriation — nafta Article 1110 — Implementation of Ecological Decree — Effect of barring operation of landfill — Indirect expropriation — Alternative and independent finding of expropriation
Damages — Excessive damage claim — No deliberate attempt to deceive Tribunal — Arguable basis for claim — No evidence of fraud — Aggressive claim for damages — No basis for annulment
Interest — Inclusion of interest in calculation of damages — Interest flows only from date of proper finding of expropriation — Prior interest and compounding effects excluded from award
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- © Cambridge University Press 2002