You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Archives
Alleged abuse of rights also warrants bifurcation
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Objection related to notice of intent requirements under NAFTA and the Argentina-Mexico BIT meets criteria for bifurcation
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Time limit objection under the Argentina-Mexico BIT is also bifurcated
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Objection concerning Mr. Sastre’s dual nationality and his Mexican domicile warrants bifurcation, despite being “fact-intensive”
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Ratione personae and ratione materiae objections warrant bifurcation
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Mexico’s “self-consolidation objection” is serious
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Tribunal applies three-prong test on bifurcation, but considers that procedural efficiency is the “principal factor” to take into account
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Tribunal has the power to analyse preliminary objections in one single proceeding, despite Mexico’s objection to an alleged “auto-consolidation”
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Costs are split, in light of complexity and novelty of legal issues
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Mr. Alexander does not have standing to bring a claim on his own behalf under NAFTA for investment belonging to third party
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Ms. Galan made her investment under the regime applicable to Mexican nationals, thus she cannot invoke her subsequently-acquired Canadian nationality
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Tribunal finds that Mr. Jacquet’s investment was not made in conformity with Mexico’s Agrarian Law
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Applying the principles of estoppel and <em>pacta sunt servanda</em>, the tribunal declines jurisdiction <em>ratione personae</em> over three of the claimants
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
By renouncing their nationalities of origin upon becoming Mexican citizens, Messrs. Sastre and Silva and Ms. Abreu agreed that they would not invoke these nationalities in their relations with Mexico
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Tribunal must have good reasons to deviate from a common interpretation proposed by all treaty parties
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Statute of limitations precludes any claim with respect to Hamaca Loca
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Domicile requirement pertains to Mexico’s consent to arbitrate disputes, and thus cannot be circumvented through the BIT’s MFN clause
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Objective criteria indicate that Mr. Sastre was domiciled in Mexico at the time of the alleged breaches
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Domicile requirement under the Argentina BIT must be assessed at dates of the purported breaches and the notice of arbitration
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Failure to register transfers of title raises questions with respect to alleged land use rights
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
No need to rule on validity of “self-consolidation” of claims if other jurisdictional objections are successful
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Relevant dates for assessing jurisdiction must be considered on an “objection-by-objection” basis
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Each party must prove his or her own case on jurisdiction; no heightened standard of proof is required absent allegations of corruption or fraud
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Background: Group of investors in hotel ventures located on community land lodge UNCITRAL claim, invoking the protection of multiple treaties
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.