Arbitral Digest

Matter

Metalclad Corporation v. United Mexican States (ICSID Case No. ARB(AF)/97/1)

Case no.
ARB(AF)/97/1
Seat
Canada
Applicable rules
ICSID Arbitration (Additional Facility) Rules
  1. 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.

    Supporting details

    9 authorities · 19 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)
    Tribunal secretary
    Alejandro A. Escobar
    Other

    Authorities cited

    9
    • Biloune et al. v. Ghana Investment Centre et al. (95 I.L.R. 183 (1993))
      case law
    • Benvenuti and Bonfant Srl v. Government of the People's Republic of Congo (1 ICSID Reports 330; 21 I.L.M. 758)
      case law
    • AGIP SPA v. Government of the People's Republic of Congo (1 ICSID Reports 306; 21 I.L.M. 737)
      case law
    • Sola Tiles, Inc. v. Iran (14 Iran-U.S. C.T.R. 224 (1987))
      case law
    • Asian Agricultural Products v. Sri Lanka (4 ICSID Reports 246 (1990))
      case law
    • Phelps Dodge Corp. v. Iran (10 Iran-U.S. C.T.R. 121 (1986))
      case law
    • Chorzow Factory (Claim for Indemnity) (Merits), Germany v. Poland (P.C.I.J. Series A, No. 17 (1928))
      case law
    • Mexican General Ecology Law of 1988 (LGEEPA)
      statute
    • Mexican Constitution
      statute

Matter record

Report a correction

Metalclad Corporation v. United Mexican States (ICSID Case No. ARB(AF)/97/1) · Matter