Nothing Left to Chance: Thunderbird v. Mexico and the Power of a Domestic U.S. Court to Review a NAFTA Investment Arbitration Award
Article from: TDM 5 (2007), in USMCA - NAFTA
Introduction
Nothing should be left to chance! At least nothing that can reasonably be controlled. This is (or should be) part of the arbitration practitioner's credo. When vast amounts are at stake, procedures, venue, the selection of the arbitrators, and the many other details on which an arbitration may turn should all be matters of routine, not chance. Arbitration should not be a gamble. But gambling assumed more than metaphorical significance in International Thunderbird Gaming Corp. v. United Mexican States, Civil Action 06-00748 (HHK), 2007 U.S. Dist. LEXIS 10070 ...