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Mexico found in breach of fair and equitable treatment guarantees
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Shifting political attitudes towards registry signalled downfall
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Registry director arrested as alleged war criminal
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Vehicle registry aimed to combat car theft and associated crime
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Investor’s resubmission not an abuse of process
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“The law of breach of contract is not secreted in the interstices of Article 1110 of NAFTA.”
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Indirect shareholding protected under NAFTA
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NAFTA is not an insurance policy against bad business judgments
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Contractual breaches, on their own, are not an expropriation
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Threat to expropriate not an expropriation
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For the tribunal, the MST is not limited “to the kind of outrageous treatment referred to in the Neer case”
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Second tribunal considers the relevance of previous award for new proceedings*
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Tribunal rejects DCF, but bases compensation on loss of chance to make profits
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Arbitrators in Mexican concession dispute reject DCF and non-DCF valuation approaches in favour of award of lost chance
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“Fundamentally wrong” to apply an interest rate for one currency to an amount denominated in another
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Mexico highlights uncertainty over future profits of registry project
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