Waste Management, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/98/2)

Procedural record

1. 8 May 2000Arbitration

   8 May 2000Arbitration

   Dissenting Opinion attached to the Arbitral Award in Waste Management, Inc. v. United Mexican States

   International Centre for Settlement of Investment Disputes (Additional Facility)

   Participants

   International Centre for Settlement of Investment Disputes (Additional Facility)

   25 days later · 25 days

2. 2 June 2000Arbitration

   2 June 2000Arbitration

   Arbitral Award in Waste Management, Inc. v. United Mexican States dated 2 June 2000

   International Centre for Settlement of Investment Disputes (Additional Facility)

   Decision summary

   The majority held that it lacked jurisdiction because Waste Management had not complied with the NAFTA Article 1121(2)(b) waiver requirement. The tribunal ordered Waste Management to pay the costs of the arbitration, while each disputing party was to bear its own defence costs.

   Participants

   Waste Management, Inc.

   Representative

   Bernardo M. Cremades (For: Waste Management, Inc.)

   Representative

   Peter A. Moir (For: Waste Management, Inc.)

   United Mexican States

   Representative

   Hugo Perezcano Diaz (For: United Mexican States)

   International Centre for Settlement of Investment Disputes (Additional Facility)

   Arbitrator

   Julio Trevino Azcue

   Arbitrator

   Keith Highet

   Arbitrator

   Eduardo Siqueiros T.

   Authorities cited

   3

   • North American Free Trade Agreement
     treaty
   • Vienna Convention on the Law of Treaties, 1969
     treaty
   • Ethyl Corporation v. The Government of Canada (38 I.L.M. 1999 at 708)
     case law