Arbitral Digest

Matter

Bayview Irrigation District et al. v. United Mexican States (ICSID Case No. ARB(AF)/05/1)

Case no.
ARB(AF)/05/1
Applicable rules
ICSID Arbitration (Additional Facility) Rules in force since 1 January 2003, as modified by Section B of Chapter XI of the North American Free Trade Agreement
  1. 19 June 2007Arbitration

    19 June 2007Arbitration

    Award in ICSID Case No. ARB(AF)/05/1 dated 19 June 2007

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Arbitral Tribunal found that it lacked jurisdiction over all claims because the Claimants had not demonstrated an investment in Mexico within the scope of NAFTA Chapter Eleven. Each Party was ordered to bear its own costs, and the costs of the Tribunal were divided equally between the Parties.

    Supporting details

    8 authorities · 24 participants
    Bayview Irrigation District et al.
    Representative
    Nancie G. Marzulla (For: Bayview Irrigation District et al.)
    Representative
    Roger J. Marzulla (For: Bayview Irrigation District et al.)
    Representative
    Don Wallace Jr. (For: Bayview Irrigation District et al.)
    Representative
    Barbara A. Wally (For: Bayview Irrigation District et al.)
    United Mexican States
    Representative
    Hugo Perezcano Díaz (For: United Mexican States)
    Representative
    Alejandra G. Treviño Solís (For: United Mexican States)
    Representative
    Luis Alberto González García (For: United Mexican States)
    Representative
    Salvador Behar Lavalle (For: United Mexican States)
    Representative
    Carlos Kessner (For: United Mexican States)
    Representative
    Arturo Barrio (For: United Mexican States)
    Representative
    Gerardo Gordoa Márquez (For: United Mexican States)
    Representative
    Stephan Becker (For: United Mexican States)
    Representative
    Sanjay Mullick (For: United Mexican States)
    Representative
    Cameron Mowatt (For: United Mexican States)
    Representative
    Christopher Thomas (For: United Mexican States)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Vaughan Lowe
    Arbitrator
    Edwin Meese III
    Tribunal secretary
    Gabriela Alvarez Avila
    Other
    Representative
    Greg Abbott (For: State of Texas)
    Representative
    Kent C. Sullivan (For: State of Texas)
    Representative
    R. Ted Cruz (For: State of Texas)

    Authorities cited

    8
    • North American Free Trade Agreement (NAFTA)
      statute
    • Methanex v. United States, Preliminary Award on Jurisdiction and Admissibility, 7 August 2002
      case-law
    • State v. Hidalgo County Water Control & Improvement District No. 18 (443 S.W.2d 728 (Tex. Civ. App. 1969))
      case-law
    • S.D. Myers, Inc. v. Canada, Government of Canada Counter Memorial, 5 October 1999
      case-law
    • Constitution of Mexico
      statute
    • Mexican Law of National Waters
      statute
    • General Law of National Assets of Mexico
      statute
    • Treaty between the United States and Mexico Relating to the Utilization of the Waters of the Colorado and Tijuana Rivers and of the Rio Grande (1944 Water Treaty)
      statute

Matter record

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Bayview Irrigation District et al. v. United Mexican States (ICSID Case No. ARB(AF)/05/1) · Matter