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Cargill v. Mexico, ICSID Case No. ARB(AF)/05/2 (NAFTA), Judgment of the Ontario Superior Court of Justice on Application to set aside Award (August 26, 2010)

Published: 
August, 2010
Jurisdictions: 
North America,
Canada,
Mexico,
United States
Practice Areas: 
Categories of Disputes,
Investment Disputes,
Court Decisions,
Procedure and Grounds for Setting Aside,
Sources of Arbitration Law,
NAFTA
Tags: 
Judicial Review of Arbitral Awards,
Standard of Review
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THE APPLICATION

[1] The applicant United Mexican States (Mexico) seeks to set aside an arbitration award (the Award) made on September 18, 2009 under Chapter Eleven of the North American Free Trade Agreement (NAFTA). The award granted damages to the respondent Cargill, Incorporated in the amount of USD$77,329,240.

[2] The arbitration tribunal consisted of Professor David D. Caron, Cargill’s nominee, Professor Donald M. McRae, Mexico’s nominee, and Dr. Michael C. Pryles, chairman of the panel, all distinguished experts. The Award issued out of the International Centre for the Settlement of Investment Disputes (Additional Facility) at Washington D.C.