United Mexican States v. Feldman Karpa

Abstract

Annulment — Grounds for annulment of award by national court — Article 34 of UNCITRAL Model Law

Jurisdiction — Review of award — Jurisdiction to apply provisions not raised during arbitral proceedings — NAFTA Article 2105

Procedure — Disclosure of confidential information — Adverse inference from failure to provide information — Article 34 of UNCITRAL Model Law — NAFTA Article 2105

Nationality — National treatment — Non-discrimination — NAFTA Article 1102 — Less favourable treatment of foreign investors

Arbitration — Review of award — Scope of review — Deference to arbitral award — International commercial arbitrators — Findings of fact — Review of findings of fact — Article 34(2) and (3) of UNCITRAL Model Law — ICSID Article 53

Arbitration — Review of award — Scope of review — Breach of public policy — Article 34(2)(b)(ii) of UNCITRAL Model Law