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Waste Management v. Mexico

Type of decisionPreliminary Objection concerning the Previous Proceedings - Decision of the Tribunal
Date of decision26 June 2002
Tribunal
James R. Crawford (President)
Benjamin R. Civiletti
Eduardo Magallón Gómez
Legal instrumentNorth American Free Trade Agreement
Related decision(s)
Further information

Statements from this decision

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International Minimum Standard / The Law of Aliens
The withdrawal of a claim does not constitute a waiver of underlying rights of the withdrawing party
The failure of a claim on jurisdictional grounds does not preclude the claimant from recommencing its action
International Investment Treaties (IITs)
International Law Rules Applicable to IITs
Relationship of IITs to Other Sources of International Law
Relationship of an IIT to General Principles of International Law
Further Problems
Res judicata as a principle of general international law
Res judicata as a principle of general international law
Investment Treaty Arbitration
Admissibility
Res Judicata / Ne Bis In Idem
A decision not dealing with the merits of the claim does not constitute res judicata as to those merits
The decision on a particular point constitutes res judicata only inasmuch as it is a necessary part of the eventual determination
North American Free Trade Agreement
Chapter Eleven – Section B – Settlement of Disputes between a Party and an Investor of Another Party
Article 1121 – Conditions Precedent to Submission of a Claim to Arbitration
In case the claimant does not initially fulfil the requirements of Article 1121 NAFTA, Article 1121 NAFTA does not prohibit initiation of a second proceeding after the conditions precedent for submission have been satisfied
Article 1121 NAFTA is not a “fork in the road” clause

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