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Técnicas Medioambientales Tecmed SA v Mexico, Award, ARB(AF)/00/2, 10 ICSID Rep 130, (2004) 43 ILM 133, IIC 247 (2003), 29th May 2003, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 29 October 2020

Whether the Mexico-Spain BIT applied retroactively to the conduct of Mexico which predated the entry into force of the BIT and therefore whether the ICSID Tribunal had jurisdiction ratione temporis in respect of that conduct.

Whether Técnicas Medioambientales Tecmed SA (‘TMT’) had submitted its claims outside the time limitation in the BIT.

Whether TMT could rely on the MFN clause to apply the provisions of the Austria-Mexico BIT which had retroactive effect.

Whether Mexico's conduct was an act of regulation for a legitimate public purpose not in the nature of an expropriation or whether those actions constituted an indirect expropriation of TMT's investment.

Whether Mexico's conduct violated TMT's right to receive fair and equitable treatment.

Whether Mexico had discriminated against TMT and denied TMT national treatment.

Whether Mexico had failed to accord TMT full protection and security.

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