United Mexican States v. Metalclad Corporation

Abstract

Arbitration — Award — Partial annulment — Judicial review — Supplementary reasons for judgment — Whether appropriate case to correct Order flowing from reasons of judgment — Section 34(4) of International Commercial Arbitration Act — Adjournment of judicial review proceedings — Whether appropriate — Arbitral proceedings — Whether Tribunal to be given opportunity to consider breaches of Articles 1105 and 1110 of NAFTA based on concepts within the scope of submission to arbitration — Damages — Whether Metalclad entitled to interest prior to 20 September 1997

Expropriation — Articles 1105 and 1110 of NAFTA — Annulment of part of Award relating to breaches involving decisions beyond scope of submission to arbitration — Whether Tribunal to be given opportunity to consider breaches of Articles 1105 and 1110 of NAFTA based on concepts within the scope of submission to arbitration

Claims — Interest — Exclusion of interest in the Award — Whether breach of Articles 1105 or 1110 of NAFTA based on concepts within the scope of submission to arbitration — Whether Metalclad entitled to interest from 5 December 1995 to 20 September 1997