United Mexican States v. Metalclad Corporation (Attorney-General of Canada and la Procureure Générale du Québec, Intervenors)

Abstract

Arbitration — International commercial arbitration — Definition — Powers of review for courts of seat of arbitration — Decision on matter outside scope of arbitration agreement — North American Free Trade Agreement, Chapter 11 — Limits — No power for arbitration tribunal to decide issues arising under other NAFTA provisions — Whether powers of court include review for patently unreasonable error — Effect of procedure in arbitration rules — Procedure — ICSID arbitration — Additional Facility Rules — Amendment of claim — Partial annulment of award — Effect

Economics, trade and finance — Investment protection — North American Free Trade Agreement, Chapter 11 — Scope — Arbitral provisions — Article 1105 — International minimum standard — Fair and equitable treatment of investment — Requirement of transparency — Whether arising under Article 1105

Expropriation — Definition — North American Free Trade Agreement, Article 1110 — Conduct tantamount to expropriation — Distinction between expropriation and regulation — The law of British Columbia