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Mexico's Article 1128 Submissions On Jurisdiction.pdf

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Preview of Mexico's Article 1128 Submissions on Jurisdiction
🔗 Source: italaw.com
📊 Size: 339 KB
👤 Author: Leticia Margarita Ramírez Aguilar
⬇️ Downloads: 186

Summary

The Government of Mexico submits its interpretation of certain NAFTA provisions, taking no position on the dispute's facts. Mexico agrees with Canada that the claimant bears the burden of proving the respondent's consent to arbitration and the tribunal's jurisdiction. The claimant must establish that Chapter Eleven applies, meeting Article 1101's requirements, and that a claim has been brought in accordance with Articles 1116 or 1117. Mexico also concurs that the claimant must prove the necessary facts to establish jurisdiction, including knowledge of loss or damage, and that the plain language of Articles 1116(2) and 1117(2) does not require knowledge of the full extent of the loss or damage to start the time limitation for submitting a claim to arbitration.

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Description

The Government of Mexico submits its interpretation of certain NAFTA provisions, taking no position on the dispute's facts.

Technical Information

  • File Format: PDF
  • File Size: 339 KB
  • Pages: 6
  • Language: EN
  • Author: Leticia Margarita Ramírez Aguilar
  • Total Downloads: 186
  • Last Updated: 2 weeks ago

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