Parties report failure of court-ordered mediation in US set-aside proceedings regarding NAFTA award that held Mexico liable for denial of justice

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Analysis: UNCITRAL tribunal in Amerra v. Mexico declines to bifurcate proceedings, seeing prima facie overlap between jurisdictional objections and merits of the dispute

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NAFTA tribunal grants request by local indigenous representative to make amicus submission, but declines to repeat non-aggravation order in light of recent conduct by Mexico

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Analysis: ICSID tribunal refuses to revoke provisional measures due to overlap with second NAFTA legacy claim

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Ontario court declines investor’s bid to set aside Vento v. Mexico award, despite finding that claimant had “reasonable apprehension of bias” with respect to respondent’s appointee

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Analysis: ICSID tribunal partially grants provisional measures in NAFTA legacy claim, directing Mexico to refrain from making VAT refunds into frozen accounts, but rejecting claims to suspend local proceedings or prohibit media statements

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Mexico intervenes in Keystone XL arbitration, siding with the USA’s view that the USMCA’s NAFTA legacy provision does not apply to disputes that arose during the NAFTA-USMCA transition period

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Parties in Keystone XL arbitration debate whether NAFTA legacy provision applies to measures adopted during the NAFTA-USMCA transition period

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Canada raises jurisdictional objections against USMCA/NAFTA claim by coal mining company in long-running dispute over environmental measures

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ICSID tribunal upholds the USA’s request for bifurcation of Keystone XL Pipeline arbitration, finding that jurisdictional objection relating to scope of NAFTA legacy provision is prima facie serious and essentially based on legal considerations

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In NDP submissions, USA and Canada argue that NAFTA contains an implicit legality requirement, and highlight interpretative issues relating to expropriation, minimum standard of treatment, and national treatment

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NAFTA tribunal emphasizes that interference with domestic criminal proceedings requires exceptional circumstances, but sets out modalities for accessing witness in prison

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In non-disputing party submission filed in NAFTA legacy dispute, the USA opines that the claimants bear the burden of proof on jurisdiction, and submits that police powers doctrine does not include an element of proportionality

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Windstream v. Canada (2) tribunal declines to bifurcate proceedings, finding that preliminary objections based on first arbitration are intertwined with the merits

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Claimants in Keystone XL Pipeline dispute challenge the USA’s interpretation of NAFTA legacy provision and argue that the respondent is trying to “game the system”

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NAFTA legacy tribunal declines to grant provisional measures aimed at preventing Pemex subsidiary from calling on performance bond

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Analysis: Considerations of nationality play key role in UNCITRAL tribunal’s decision to decline jurisdiction over alleged investors in Mexican hotel ventures

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Analysis: Tennant v. Canada tribunal finds that claimant did not own or control investment at time of alleged breach, and did not suffer any loss or damages – thus failing to ground jurisdiction under NAFTA

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Analysis: Tribunal hearing paper mill dispute with Canada decides that NAFTA’s procurement and subsidies carve-outs bar most claims, while remaining measures do not evidence nationality-based discrimination; dissenter would have found treaty breach

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Analysis: NAFTA/ICSID tribunal hearing limestone quarrying dispute with Mexico issues unanimous non-aggravation order, but splits on admissibility of ancillary claim

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ICSID tribunal issues provisional measures order in NAFTA case against Mexico, as underlying limestone quarrying dispute heats up despite advanced stage of the arbitration process

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Mexico Round-Up: Marine services award surfaces, a failed constitutional reform, and potential claims over nationalization of lithium exploitation

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Mexico Round-Up: Supreme Court of Justice upholds contested electricity reform, provisional measures requests and decisions, virtual and in-person hearings, and an application for an additional award

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Analysis: Arbitrators disqualify government counsel, seeing real risk that she received confidential information of case during prior work for litigation funder; challenge to second team member is nixed

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Canadian court dismisses investor’s bid to set aside Mexican telecoms award, seeing no breach of due process

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Analysis: NAFTA tribunal finds that US company’s claim against Canada must fail since the claimant did not own or control the investment at the time of the alleged breach

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Notice of intent in Alberta-USA dispute over Keystone XL Pipeline surfaces; province-owned entity argues that the USA breached the NAFTA/USMCA by cancelling the project for purely political reasons

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Tribunal majority rejects request for amicus participation; Philippe Sands dissents, pointing to need to address concerns about legitimacy of ISDS regime

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Canada Round-Up: Another pipeline dispute with the US, several impending decisions, and an update on other arbitration-related developments involving the state

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In NAFTA mining case, the United States and Canada express their opinions on national treatment, the minimum standard of treatment, expropriation, and the distinction between direct and reflective losses

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United States and Canada chime in on NAFTA limestone quarry case, commenting on minimum standard of treatment, most-favoured nation clause, and the distinction between direct and reflective losses

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In Mexican offshore oil dispute, Canada and the United States set out their views on claims by dual nationals, reflective losses, and state enterprises under NAFTA

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Following the appointment of a replacement chair, UNCITRAL tribunal announces that it will repeat (in abbreviated form) public hearing in Canadian paper mill dispute

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Mexico Round-Up: A new treaty-based notice of dispute concerning a higher education investment, a proposed constitutional reform giving rise to speculations about potential arbitration claims, a settlement, and updates on various other cases

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Analysis: Tribunal in Lion Mexico v. Mexico finds first known denial of justice under NAFTA, as claimant was not given the opportunity to defend itself against a complex private fraud leading to the cancellation of its debt instruments

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Looking Back: Merrill & Ring v. Canada tribunal found that custom had evolved to favour investors, but that no breach could arise without harm to claimant

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Updated: NAFTA tribunal dismisses request for interim measures, finding allegations of witness intimidation to be insufficiently substantiated

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Mexico Round-Up: Two settlements, a new claim, and an update on various other arbitration proceedings

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The US and Mexico chime in on limitation period for continuing breach and ownership requirement in NAFTA arbitration

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Mexico Round-Up: A NAFTA legacy claim, push-back on a new hydrocarbons law, speculations over a new mining claim, and updates on various other cases against the state

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