We participated in the creation and design of dispute resolution mechanisms provided by the World Trade Organization, several free trade agreements and other investment-related agreements entered into by Mexico. We have been involved in interpreting and applying these mechanisms, either as panelists or party representatives in international arbitration. We have also advised companies on defending their rights as conferred by these treaties in national courts.
In matters related to international commercial arbitration, SAI advises domestic and international companies and governments on:
• Designing and negotiating dispute settlement mechanisms.
• Party representation in dispute resolution procedures:
▪ In trade remedies matters
▪ Between foreign investors and the host state
▪ Between governments
▪ Between companies in international commercial arbitration proceedings
Several SAI professionals played a key role in creating, designing and implementing dispute settlement mechanisms as established in:
• World Trade Organization (WTO) agreements.
• The North American Free Trade Agreement (NAFTA).
• Mexico's free trade agreements with Bolivia, Central America, Chile, Colombia, Costa Rica, Japan, and Peru.
• Several Bilateral Investment Treaties (BITs).
• United States-Measures concerning the importation, marketing and sale of tuna and tuna products (WTO).
• United States-Certain country of origin labeling requirements.
• China: donations, loans and other incentives (WTO).
• China: measures related to exportation of various raw materials.
• China: certain measures granting refunds, reductions or exemptions from taxes and other payments (WTO).
• Arbitration panel established in terms of NAFTA Chapter XX related to the trucking industry.
• Defense in national courts in the only successful NAFTA safeguard imposed in Mexico.
• Panelists at the WTO in disputes that have involved several countries and industries.
• Advisors and representatives of parties in investor-state disputes initiated by companies under NAFTA Chapter XI in sectors such as the sugar, transportation and energy industries.
• Representatives of parties and arbitrators in disputes under NAFTA Chapter XIX that have involved the sugar, poultry, chemical, agricultural, and other sectors.
• Advisors to companies in the private sector with regard to procedures for defending rights and prerogatives in the light of the energy reform, particularly under the WTO, the NAFTA and BITs.