United Mexican States v. Feldman Karpa

Abstract

Annulment — Grounds for annulment of award by national court — UNCITRAL Model Law, Article 34 — Review limited to traditional jurisdictional grounds

Jurisdiction — Review of award — Jurisdiction to apply provisions not raised during the course of arbitration — NAFTA Article 2105

Procedure — Disclosure of confidential information — Adverse inference from failure to provide additional information after some production — Burden of responding to a prima facie case made by the claimant — UNCITRAL Model Law, Article 34 — NAFTA Article 2105

Arbitration — Standard of review — Scope of review — Comity — Appropriate degree of deference to international arbitral awards — Expertise of commercial arbitrators — Breach of public policy — UNCITRAL Model Law, Article 34(2)(b)(ii) — Assessment of damages