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Blocking of bank accounts is not being challenged in the Second Arbitration, thus Mexico’s objection is dismissed
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Tribunal sees no reason to alter its previous finding that VAT refunds are not at stake in the First Arbitration
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Breach of waiver requirement would entail lack of jurisdiction only with respect to measures at stake in the breach
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Tribunal decides to address Mexico’s objection immediately, without any formal suspension of the merits proceedings
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Background: Filing of second ICSID arbitration by claimant prompts Mexico to file jurisdictional objection and ask for bifurcation
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Claimants are ordered to bear ICSID costs and part of respondent’s legal costs
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Existence of different plausible interpretations of Salini test does not warrant annulment of award
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Error in applying the law does not amount to manifest excess of powers
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Claimants waived grounds for annulment advanced for the first time in the June 30, 2020 letter
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Subsequent arguments that go beyond fleshing out initial annulment application are inadmissible
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Grounds of annulment must be stated in detail in a single application, subject to a strict time-limit
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Committee rejects respondent’s argument that Montrose Sri Lanka lacks standing
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Background: Claimants file for annulment, and subsequently raise additional annulment grounds and arguments
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Impact on new dispute not an issue for this tribunal to consider
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Initiation of new ICSID claim does not impact previous reasoning of tribunal
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Legal standard for revocation or suspension of provisional measures requires material change in circumstances
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Dispute over fiscal rate determination by Mexican tax authorities leads to two arbitrations; First Majestic files provisional measures request
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Claimant is entitled to VAT refunds being paid to non-frozen accounts, with tribunal deeming this worthy of issuing a provisional measure
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Media statements are very generic and do not require provisional measures
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Request for order directing Mexico to refrain from conduct audits and stay enforcement proceedings is neither urgent nor related to the subject-matter of the arbitration dispute
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Order to suspend local court proceedings is not warranted, as outcome would not impact the arbitration
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Legal standard for granting provisional measures includes establishing prima facie jurisdiction, necessity, and urgency
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Dispute over fiscal rate determination by Mexican tax authorities leads to two arbitrations; First Majestic files provisional measures request
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Failure to provide ELA funding to Laiki-owned subsidiary was discriminatory
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