Matter
Metalclad Corporation v. United Mexican States (ICSID Case No. ARB(AF)/97/1)
Metalclad's investment dispute with Mexico, concerning development and operation of a hazardous-waste landfill and alleged interference by local authorities.
Procedural record
- 30 August 2000Canada
30 August 2000Canada
Award dated 30 August 2000
International Centre for Settlement of Investment Disputes (Additional Facility)
- Decision summary
- The Tribunal held that Mexico breached NAFTA Article 1105 by failing to accord fair and equitable treatment and breached Article 1110 through the indirect expropriation of Metalclad's investment in a hazardous-waste landfill project. Mexico was ordered to pay Metalclad USD 16,685,000 within 45 days, with 6% annual compound interest to that date and 6% monthly compound interest thereafter on any unpaid amount. Each party was to bear its own costs and fees and half of the ICSID advance payments.
Participants
Metalclad Corporation
- Representative
- Clyde C. Pearce (For: Metalclad Corporation)
The United Mexican States
- Representative
- Hugo Perezcano Diaz (For: The United Mexican States)
International Centre for Settlement of Investment Disputes (Additional Facility)
- Arbitrator
- Professor Sir Elihu Lauterpacht
- Arbitrator
- Benjamin R. Civiletti
- Arbitrator
- Jose Luis Siqueiros
- Tribunal secretary
- Alejandro A. Escobar
Other
- Witness
- Julia Carabias Lillo
- Witness
- Horacio Sanchez Unzuetta
- Witness
- Pedro Medellin Milan
- Witness
- Leonel Ramos Torres
- Witness
- Marcia Williams
- Witness
- John Butler III
- Witness
- Grant S. Kesler
- Witness
- Gustavo Carvajal Isunza
- Witness
- Anthony Dabbene
- Witness
- Lee A. Deets
- Witness
- T. Daniel Neveau