Arbitration — Jurisdiction — ICSID Convention, Article 41 — Duty of tribunal to judge its own competence — Provisional measures — ICSID Convention — Article 47 — Right to access international adjudication — Whether capable of being constrained by decision of national court — Procedure — Disqualification challenge to arbitration tribunal member — ICSID Convention, Article 57 — ICSID Arbitration Rules, Rule 9(4)

Arbitration — Arbitrators — Composition of arbitration tribunal — Disqualification challenge to member — Publication by member on issues raised in claim — Continuing retainer of member’s law firm by United Mexican States — Appointment of member’s law firm in unrelated NAFTA case in which counsel for respondent was appointed President of Tribunal — No facts to lead to reasonable inference that member will favour respondent on basis of an understanding between member and counsel for respondent — Challenge rejected

Economics, trade and finance — Investment protection — ICSID Convention, Article 25(1) — Interpretation of “investment” — Distinguishable from an ordinary commercial transaction — Investment broadly defined under treaty — Whether contract involved a “claim for money” — Whether contract in the nature of a public law concession

Economics, trade and finance — Investment protection — Forum selection clause — Contractual arbitration clause covering all disputes arising from the contract — Relation to bilateral investment treaty and ICSID arbitration — Whether claims relating to breach of contract and breach of treaty are distinct — Whether contractual arbitration clause includes jurisdiction over treaty claims — Whether ICSID has exclusive jurisdiction over breach of treaty claims — Whether ICSID has concurrent jurisdiction over breach of contract claims — Terms of the contract — Whether the tribunal can decide factual issues with respect to the contract which is subject to another body’s jurisdiction — Relationship between contractual claims and treaty claims — Distinct nature of international law standards

Economics, trade and finance — Investment protection — Bilateral investment treaty — Umbrella clause — Whether elevating alleged contractual breaches into treaty violations — Consequences of such an interpretation — Whether clear evidence existed of an intention to produce such consequences