The United Mexican States applied to set aside a partial arbitral award on jurisdiction in a NAFTA Chapter 11 investor-state dispute.
The applicant argued the arbitral tribunal lacked jurisdiction because certain claimants failed to provide a timely notice of intent under Article 1119 and failed to provide proper consent under Article 1121.
The Superior Court of Justice dismissed the application, finding the tribunal was correct in concluding that the procedural defects related to admissibility rather than jurisdiction, and that the applicant's consent to arbitrate was not conditioned on strict compliance with Article 1119.
The court also found no jurisdictional error in the tribunal's treatment of submissions from the USA and Canada.
