B-MEX, LLC and Others v. United Mexican States

Abstract

Arbitration — Jurisdiction — North American Free Trade Agreement — Article 1121 — Consequences of a failure to comply with Article 1121 — Whether particular formulation of words required to provide valid consent to arbitration — Whether failure to comply with requirements of Article 1121 denying Tribunal jurisdiction — Article 1119 — Article 1122 — Whether defect in notice of intent to submit claim to arbitration under Article 1119 and 1122 denying Tribunal jurisdiction — Whether defect in notice of intent to submit a claim to arbitration a curable issue of admissibility

Arbitration — Procedure — North American Free Trade Agreement — Chapter 11 — Procedure for submitting a claim to arbitration — Procedure for valid notice of intent to submit a claim to arbitration — Defects in notice — Consequence of defect in notice — Efficient administration of justice — Prejudice to respondent

Economics, trade and finance — Foreign investment — North American Free Trade Agreement — Article 1117 — Meaning of ownership or control of an enterprise — Full or virtually full ownership — Shareholding required to demonstrate full or virtually full ownership of an enterprise — Control of an enterprise — De facto control — Collective shareholding and alignment of votes

Treaties — Interpretation — North American Free Trade Agreement (“NAFTA”) — Article 1119 — Article 1122 — Vienna Convention on the Law of Treaties, 1969 — Article 31 — Failure to comply with requirements of Article 1119 — Whether failure to comply with requirements of Article 1119 vitiating other Party’s consent to arbitration under Article 1122 — Context of Chapter 11 NAFTA — Object and purpose of NAFTA