Lion Mexico Consolidated LP v Los Estados Unidos Mexicanos - ICSID Case No. ARB(AF)/15/2 - Decision on Jurisdiction - 30 July 2018
Country
Year
2018
Summary
Reproduced from www.worldbank.org/icsid with permission of ICSID. (Document, does not apply to summary and/or TDM IACL Case Report below).
Case Report (free download)
Case Report by Inaę Oliveira, Editor Ignacio Torterola
Summary
Mexico objected to the Tribunal's jurisdiction, claiming that neither promissory notes nor mortgages were investments under Article 1139 NAFTA, and the Tribunal decided to bifurcate the proceedings to assess the issue. The Tribunal held that promissory notes were not protected investments, but that mortgages qualified under Article 1139(g) NAFTA ("real estate or other property, tangible or intangible").
Main issues
whether mortgages and promissory notes are protected investments under Article 1139 NAFTA.
Case report provided by International Arbitration Case Law (IACL)
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