Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
On 26 January 2006, the North American Free Trade Agreement (NAFTA) Arbitral Tribunal composed of Professor Dr Albert Jan van den Berg (President), Lic. Agustin Portal Ariosa and Professor Thomas W. Walde handed down its Award in the case of International Thunderbird Gaming Corporation v. The United Mexican States (Thunderbird).' 1 The Award stands to play a leading role in defining the limits of the "legitimate expectations" doctrine as a ground for complaint by investors under the NAFTA. The Award is also notable for its treatment of two further issues of interest: first, the question of when a claimant will "own or control" an enterprise for the purposes of Article 1117 of the NAFTA so as to be entitled to submit an arbitration claim on behalf of that enterprise; and second, in the context of costs, the circumstances in which the "loser pays" principle should operate to the detriment of an unsuccessful claimant in international investment arbitration. The primary focus of this short article is that part of the Thunderbird Award which addresses the relevance of the legitimate expectations principle to investment claims under Article 1105 of the NAFTA. By way of background, a short introduction will be
Journal of World Investment and Trade – Brill
Published: Jan 1, 2006
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.