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Investor-State Arbitrations

 
HOME > OUR PRACTICE > Investor-State Arbitrations

The NAFTA includes a chapter on investment protection granting private investors a right of access to international arbitration against each NAFTA party. Our firm is actively involved in defending Mexico against such claims.

DISPUTE CASE 1:

Robert Azinian et al v. United Mexican States: This was the first NAFTA claim to proceed to a final award.  We assisted in the defence and the claim was dismissed in its entirety.

DISPUTE CASE 2:

Metalclad Corporation v. United Mexican States: This claim was for $90 million plus interest.  It raised complex issues of fact and law.  The Tribunal found for the claimant but awarded it only $9 million plus interest.  Together with co-counsel from Borden, Ladner Gervais, LLP., we then took the matter to judicial review and succeeded in having a key part of the award set aside.  The parties then agreed on a settlement.

DISPUTE CASE 3:
Waste Management, Inc. v. United Mexican States:  This case was brought on two occasions.  In the first instance we assisted Mexico in successfully objecting to the Tribunal's jurisdiction.  When the claimant refiled the claim, we assisted in the defence on the merits.  The claim was dismissed in its entirety.

List Of Cases*:

Cases in which the firm has been actively involved include the following:

Robert Azinian et al. v. United Mexican States
Metalclad Corporation v. United Mexican States (and United Mexican States v. Metalclad Corporation, judicial review proceedings in the Supreme Court of British Columbia)
Waste Management, Inc. v. United Mexican States
Marvin Roy Feldman v. United Mexican States (and United Mexican States v. Marvin Roy Feldman, judicial review proceedings before the Superior Court of Ontario and the Ontario Court of Appeal).
Firemans Fund Insurance Company, Ltd. v. United Mexican States
GAMI Investments Inc., v. United Mexican States
International Thunderbird Gaming Corporation v. United Mexican States
Ethyl Corporation v. Canada
S.D. Myers, Inc. v. Canada
Pope & Talbot, Inc. v. Canada
United Parcel Services of America, Inc. v. Canada
Mondev International Ltd. v. United States of America
ADF Group, Inc. v. United States of America
Methanex Corporation v. United States of America
The Loewen Group, Inc. and Raymond L. Loewen v. United States of America

* This list is not exhaustive.