Alleged abuse of rights also warrants bifurcation

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Objection related to notice of intent requirements under NAFTA and the Argentina-Mexico BIT meets criteria for bifurcation

Time limit objection under the Argentina-Mexico BIT is also bifurcated

Objection concerning Mr. Sastre’s dual nationality and his Mexican domicile warrants bifurcation, despite being “fact-intensive”

Ratione personae and ratione materiae objections warrant bifurcation

Mexico’s “self-consolidation objection” is serious

Tribunal applies three-prong test on bifurcation, but considers that procedural efficiency is the “principal factor” to take into account

Tribunal has the power to analyse preliminary objections in one single proceeding, despite Mexico’s objection to an alleged “auto-consolidation”

Costs are split, in light of complexity and novelty of legal issues

Mr. Alexander does not have standing to bring a claim on his own behalf under NAFTA for investment belonging to third party

Ms. Galan made her investment under the regime applicable to Mexican nationals, thus she cannot invoke her subsequently-acquired Canadian nationality

Tribunal finds that Mr. Jacquet’s investment was not made in conformity with Mexico’s Agrarian Law

Applying the principles of estoppel and <em>pacta sunt servanda</em>, the tribunal declines jurisdiction <em>ratione personae</em> over three of the claimants

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

Tribunal must have good reasons to deviate from a common interpretation proposed by all treaty parties

Statute of limitations precludes any claim with respect to Hamaca Loca

Domicile requirement pertains to Mexico’s consent to arbitrate disputes, and thus cannot be circumvented through the BIT’s MFN clause

Objective criteria indicate that Mr. Sastre was domiciled in Mexico at the time of the alleged breaches

Domicile requirement under the Argentina BIT must be assessed at dates of the purported breaches and the notice of arbitration

Failure to register transfers of title raises questions with respect to alleged land use rights

No need to rule on validity of “self-consolidation” of claims if other jurisdictional objections are successful

Relevant dates for assessing jurisdiction must be considered on an “objection-by-objection” basis

Each party must prove his or her own case on jurisdiction; no heightened standard of proof is required absent allegations of corruption or fraud

Background: Group of investors in hotel ventures located on community land lodge UNCITRAL claim, invoking the protection of multiple treaties

Costs-follow-the-event approach is adopted, since it creates incentive to pursue procedural efficiency

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