Canada [ca]; Ontario; Superior Court of Justice [ONSC]
Standard of review — Burden of proof — International criminal law, evidence — Investment defined in treaties — NAFTA (North American Free Trade Agreement) — Judicial review of arbitral awards — Public policy (Canada, Standard of Review) — Serious departure from fundamental rule of procedure — Standard of Review (Canada)
Whether an arbitral award could be set aside by the Canadian Superior Court of Justice because it did not adhere to fundamental legal principles. — Whether there was a change in the agreed upon rules of procedure relating to the original arbitration, and, if so, whether this behaviour amounted to a breach of fundamental justice and whether this meant that the Applicants were denied a fair opportunity to present evidence in support of their position on ownership of water rights in Mexico. — Whether the tribunal made findings on facts which should have been considered at the merits stage in accordance with settled arbitral practice and, if so, whether this amounted to a violation of settled arbitral practice. — Whether the above behaviour amounted to a breach of principles of fundamental justice so that the award had to be set aside for public policy reasons.