Arbitration - NAFTA - jurisdiction - waiver of right to initiate or continue other legal proceedings - effect of pursuing municipal law claims in municipal court

Article Abstract:

The author discusses the NAFTA Arbitral Tribunal's decision in Waste Management, Inc. v. Mexico, in which questions regarding the right of waiver to legal proceedings arose under NAFTA chapter 11.

Mexico, Interpretation and construction, Waiver (Civil procedure), International and municipal law

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Complementary agreements and compulsory jurisdiction

Article Abstract:

The author examines the issue of how to resolve an international dispute that arises under two complementary treaties with different settlement provisions. The article suggests ways in which such treaties might be reconciled.

Remedies, Treaties

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NAFTA - arbitration - scope of jurisdiction to arbitrate - requirement of transparency - expropriation resulting from withholding governmental permits and imposing new environmental restrictions - damages for expropriation - enforcement of arbitral award

Article Abstract:

This article reviews the decision by the British Colubmia in Mexico v. Metalclad Corp, in which the court reviewed an arbitral award involving a company attempting to do business in Mexico. The commentator uses the case to demonstrate the weaknesses involved in the system whereby national courts can rule on NAFTA arbitration. He advocates a special appellate system for such reviews.

Foreign investments, Appellate procedure, Appeals (Law), Judicial review of administrative acts

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