01 Jul LAW BRIEFING
LAW BRIEFING
Order Description
THIS IS A BUSINESS LAW SUBJECT: The following Instructions should be followed strictly please:
Instructions:
Use only the references provided below, the textbook, or the websites linked in the Question Session below.
DO NOT USE any quotations from any other sources!
These briefings must be organized in a business-like fashion with a separate cover-page, word-processed, double spaced, using size 12 “Times New Roman” font, with 1” margins.
Some tips!
What is a briefing note and when is it used?
Written briefings are usually done in the form of briefing notes. A briefing note is a short paper that quickly and effectively informs a decision-maker about an issue. A useful briefing note distills often complex information into a short, well-structured document.
Briefing notes usually deal with "issues"—subjects of debate. But briefing notes are also prepared for any topic someone needs to be informed about. It might be a policy matter, a situation, a report, action by another government—in fact, anything that government deals with. Briefing notes are typically written for those senior-level decision-makers who
• have to keep track of many, often unrelated, issues
• may not be familiar with the issues and may not have any related background
• for whatever reason, cannot spend time doing their own research
• need a capsule version of the key points and considerations about an issue
QUESTION:
1) Read the attached case on Metalclad Corporation v. The United Mexican States, 35 pages, and review the attached ICSID (International Centre for Settlement of Investment Disputes) Arbitration Rules Pages 99 to 128. Read the relevant sections of your text, and visit the NAFTA website. (https://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/nafta-alena/index.aspx). When you have completed this, provide a, report briefing which addresses the following:
Introduction
a. In a short introduction state your purpose, and briefly describe the two parties and how they came to be involved in a dispute. In your introduction be sure to state the basic facts of the case.
Body
b. What is the ICSID? Why did the parties choose arbitration over litigation to try and resolve this matter? Be sure to indicate the advantages and disadvantages of arbitration and litigation.
c. Why was three level of Mexican government involved in this dispute? Who are the three levels? What is the concern at each level? Which level of government signed the NAFTA Agreement? Which chapter of the NAFTA agreement deals with Foreign Direct Investments? What are the rules regarding expropriations? Quote the relevant chapter and article as applicable. Put these in quotation marks. NAFTA is an international law. How was it applied to this case?
d. What are the social, political and economic issues involved? From the facts of the case was Metalclads investment considered good or bad for Mexico? Is Coterin a Mexican or a U.S. company? Might this be an issue? Which level of government is responsible for providing essential services like roads, electricity, and water? Can foreign investors simply rely on federal officials and ignore the municipalities or states? Discuss the practical implications of such an attitude.
Conclusion
e. What was the final outcome? What was the final financial settlement
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