Azinian v. United Mexican States

Abstract

1Arbitration — North American Free Trade Agreement, Chapter 11 — Procedure — ICSID arbitration — Additional Facility RulesEconomics, trade and finance — Investment protection — Fair and equitable treatment of investment — North American Free Trade Agreement, Article 1105 — Expropriation — Article 1110 — Relationship between the two provisionsExpropriation — Definition — North American Free Trade Agreement, Article 1110 — Whether denial of justice by courts capable of constituting expropriation — Contract governed by Mexican law — Decision of Mexican courts that contract invalid — Whether capable of amounting to expropriation in the absence of a denial of justiceState responsibility — Courts — Denial of justice — Circumstances in which State responsible for decisions of courts — Conduct constituting a denial of justice