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Tribunal issues clarification as to damages allocation
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Expropriation claim fails, even if ‘investment’ defined differently
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CPI v. Mexico tribunal finds sweetener tax to be discriminatory
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Tribunals in parallel NAFTA arbitrations diverge on performance requirements and counter-measures defence
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CPI Tribunal dismisses performance requirement claim out of hand
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Tribunals also differ sharply on validity of counter-measures defence
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Measures impacting BAN S.A. also caused a loss to the share value of the investor
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MFN clause was used to bypass 18-month local litigation requirement
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The dispute was legal in nature and arose directly out of the investment
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Background: Financial crisis gave rise to claims by investor in natural gas venture
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Tribunal considers that previous arbitral decisions have “persuasive authority”
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Tribunal splits arbitration costs, and orders each party to bear its own legal expenses
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Investors are not entitled to benefit of the doubt regarding jurisdictional issues
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Tribunal rejects additional objections to jurisdiction during the merits phase
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Financial holding company is a financial institution under NAFTA chapter 14
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FFIC’s investment constitutes regulatory capital in the sense of chapter 14
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NAFTA drafters considered that principles of open access and national treatment were not fully suitable for the financial sector
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Arbitrators see no need to rule on prudential measures exception
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Although discriminatory, Mexico’s actions during its financial crisis did not amount to an unlawful expropriation
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Tribunal identifies elements relevant for determining expropriation
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FFIC argues that Mexico expropriated its investment through five different measures
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Tribunal considers that the actions of a governmental working group did not engage Mexico’s liability
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Tribunal faces the resignation of Mr. Carrillo Gamboa, and it addresses allegations of witness tampering
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Tribunal discontinues case, chastises claimants for not appreciating costs of process
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