Investment Protection and Mexican Energy Reform
Article from: TDM 2 (2020), in International Oil & Gas Arbitration
Introduction
In this article, we address the role and potential impact that administrative rescission has on private-public projects under the Mexican legal system and with specific regard to its recently revised Hydrocarbon Law. First, a project's political risk vis-à-vis instance of non-arbitrability of administrative rescission and prohibition to pay compensation under the Mexican Hydrocarbon Law is outlined. Next, a state's responsibility under international law, specifically in light of investment treaty standards of protection, is explored as an alternative course of action. In the ...