International Thunderbird v. Mexico

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Case Details

Year of Filing: 2002

Case Status: Set Aside Concluded

Claimant(s): International Thunderbird Corporation

Respondent(s): United Mexican States

Arbitral Rules: UNCITRAL and/or Ad-Hoc

Legal Instrument: Treaty

Treaty: NAFTA

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Looking Back (1 of 2): In Thunderbird v. Mexico, majority recognizes the concept of legitimate expectations, but finds that government shut-down of gambling activities did not violate NAFTA Oct 30, 2018

Looking Back (2 of 2): In Thunderbird v. Mexico separate opinion, Thomas Wälde ties legitimate expectations to FET standard, disagrees with majority on violation of legitimate expectations, and rejects “loser pays” approach Oct 30, 2018

ANALYSIS: Gov’ts have no success in forcing claimants to post security while treaty arbitrations are ongoing Feb 10, 2009

ANALYSIS: Rare for investors to pay state’s defence costs, despite recent rulings in Plama v. Bulgaria and U.S. arbitrations Sep 17, 2008