Cargill v Mexico: The Territorial Scope of Damages under the NAFTA

When the Supreme Court of Canada denied the Government of Mexico's application for leave to appeal in United Mexican States v Cargill Incorporated, it left in place a US$77 million arbitral award made under Chapter 11 of the NAFTA. The most noteworthy aspect of the damages award was that more than half of it, approximately US$41 million, was for damages suffered not by the investment that Cargill Incorporated had made in Mexico, the host country, but for damages Cargill suffered in the United States. Published in Global Trade and Customs Journal, Volume 8 (2013), Issue 10, pp. 359-366, by Kluwer Law International.