Hostname: page-component-78c5997874-xbtfd Total loading time: 0 Render date: 2024-11-03T00:01:57.127Z Has data issue: false hasContentIssue false

United Mexican States v. Metalclad Corporation

Canada, Supreme Court of British Columbia..  02 May 2001 .

Published online by Cambridge University Press:  01 January 2021

Get access

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

Type
Case Report
Copyright
© Cambridge University Press 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)