Have Public Interests Been Forgotten in NAFTA Chapter 11 Foreign Investor/Host State Arbitration - Some Conclusions from the Judgment of the Supreme Court of British Columbia on the Case of Mexico v. Metalclad

Olasolo Alonso, Héctor

Ítem

Acceso Abierto

Have Public Interests Been Forgotten in NAFTA Chapter 11 Foreign Investor/Host State Arbitration - Some Conclusions from the Judgment of the Supreme Court of British Columbia on the Case of Mexico v. Metalclad

https://repository.urosario.edu.co/handle/10336/27795

Autores

Olasolo Alonso, Héctor

Fecha

2002

Editor

Law and Business Review of the Americas (LBRA)

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Abstract

United Mexican States v. Metalclad Corp. (Mexico v. Metalclad) constitutes a landmark decision regarding both arbitration under NAFTA Chapter 11 and review proceedings of NAFTA Chapter 11 arbitral awards. For the first time since their creation in 1978, the Additional Facility Rules of the International Center for the Settlement of Investment Disputes (ICSID) have governed an international arbitration.' In addition, the case exhibits the first time an arbitration award under NAFTA Chapter 11 has been challenged in a national court as provided for in article 1136.3(b)(i).