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Feldman v. Mexico

Type of decisionInterim Decision on Preliminary Jurisdictional Issues
Date of decision6 December 2000
Tribunal
Konstantinos D. Kerameus (President)
David A. Gantz
Jorge Covarrubias Bravo
Legal instrumentNorth American Free Trade Agreement
Related decision(s)Award, 16 December 2002
Further information

Statements from this decision

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The question of effective nationality is only relevant when the claimant possess a double citizenship
Relationship between nationality and residence in general international law; citizenship rather than residence or any other geographic affiliation is the main connecting factor between a state and an individual
As NAFTA does not have retroactive effect, a tribunal’s jurisdiction does not extend to alleged breaches of obligations before January 1, 1994, the date the agreement came into force
A tribunal's jurisdiction under Article 1117 (1) (a) NAFTA is limited to claims arising out of an alleged breach of an obligation under Section A of Chapter 11 of NAFTA; the tribunal does not, in principle, have jurisdiction to decide upon claims arising out of an alleged violation of general international law or domestic law
As NAFTA does not have retroactive effect, a tribunal’s jurisdiction does not extend to alleged breaches of obligations before January 1, 1994, the date the agreement came into force
Article 201 NAFTA does not make permanent residence tantamount to nationality for all purposes
Relationship between nationality and residence in general international law; citizenship rather than residence or any other geographic affiliation is the main connecting factor between a state and an individual
The question of effective nationality is only relevant when the claimant possess a double citizenship
Article 201 NAFTA does not make permanent residence tantamount to nationality for all purposes
As NAFTA does not have retroactive effect, a tribunal’s jurisdiction does not extend to alleged breaches of obligations before January 1, 1994, the date the agreement came into force
The running of the limitation period of Article 1117 NAFTA is tolled by the notice of arbitration, not the by notice of intent to submit a claim to arbitration
A tribunal's jurisdiction under Article 1117 (1) (a) NAFTA is limited to claims arising out of an alleged breach of an obligation under Section A of Chapter 11 of NAFTA; the tribunal does not, in principle, have jurisdiction to decide upon claims arising because of an alleged violation of general international law or domestic law
Article 3 (1) (d) of the Arbitration Rules only requires the identification of the issues in dispute; it does not require the enumeration of the provisions allegedly violated

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