Methanex Corp. v. United States of America

Methanex Corporation, a Canadian marketer and distributor of methanol, submitted a claim to arbitration under the UNCITRAL rules on its own behalf for alleged injuries resulting from a California ban on the use or sale in California of the gasoline additive MTBE. Methanol is an ingredient used to manufacture MTBE.

Methanex contended that a Califiornia Executive Order and the regulations banning MTBE expropriated parts of its investments in the United States in violation of Article 1110, denied it fair and equitable treatment in accordance with international law in violation of Article 1105, and denied it national treatment in violation of Article 1102. Methanex claimed damages of $970 million.

A hearing on jurisdiction and admissibility was held in July 2001. On August 7, 2002, the Tribunal issued a First Partial Award on issues of jurisdiction and admissibility. A hearing on the merits was held in June 2004.

On August 9, 2005, the Tribunal released the Final Award, dismissing all of the claims. The Tribunal also ordered Methanex to pay the United States' legal fees and arbitral expenses in the amount of approximately $ 4 million. The award and other documents appear on this page.

Links to documents concerning the earlier proceedings appear on the leftside of this page.

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08/03/05  Final Award of the Tribunal on Jurisdiction and Merits
08/02/04  U.S. Comments on Methanex's Costs Submission
07/19/04  Methanex Submission on Costs
07/19/04  U.S. Submission on Costs
06/17/04  Hearing Transcript-Day Nine
06/16/04  Hearing Transcript-Day Eight
06/15/04  Hearing Transcript-Day Seven
06/14/04  Hearing Transcript-Day Six
06/11/04  Hearing Transcript-Day Five
06/10/04  Hearing Transcript-Day Four
06/09/04  Hearing Transcript-Day Three
06/08/04  Hearing Transcript-Day Two
06/07/04  Hearing Transcript-Day One
06/01/04  Order on Motions to Exclude Evidence
05/31/04  Methanex Motion Concerning Evidentiary Matters
05/28/04  Procedural Order on Hearing of June 7-16, 2004
05/18/04  U.S. Motion to Exclude Certain of Methanex's Evidence
04/23/04  Methanex Reply to Amicus Submissions
04/23/04  Methanex Reply to Fourth Article 1128 Submissions
04/23/04  U.S. Rejoinder
04/19/04  Order on Authority to Reconsider First Partial Award and Request for Additional Evidence
04/15/04  Order on Amicus
04/14/04  Methanex Reply on Authority to Reconsider First Partial Award
04/07/04  Methanex Letter on Request for Additional Evidence
04/06/04  Order on Amicus
03/30/04  US Statement on Authority to Reconsider First Partial Award
03/26/04  Methanex Letter on Amicus Applications
03/26/04  US Letter on Amicus Applications
03/19/04  Order on Amicus and Article 1128 Submissions
03/16/04  Orders on Requests to Gather Additional Evidence and to Reconsider First Partial Award
03/09/04  Amicus Submission by Bluewater Network, Communities for a Better Environment and the Center for International Environmental Law
03/09/04  Amicus Submission by International Institute for Sustainable Development
03/09/04  Application for Leave to Make Amicus Submission by Bluewater Network, Communities for a Better Environment and the Center for International Environmental Law
03/09/04  Application for Leave to Make Amicus Submission by International Institute for Sustainable Development
03/08/04  Methanex Elaboration of Request to Gather Additional Evidence
03/08/04  Methanex Statement of Authority to Reconsider First Partial Award
02/19/04  Methanex Reply to U.S. Amended Statement of Defense
01/30/04  Canada Fourth Submission per Article 1128
01/30/04  Mexico Fourth Submission per Article 1128
01/28/04  Methanex Request for Reconsideration of First Partial Award
01/28/04  Methanex Request to Gather Additional Evidence
12/05/03  U.S. Amended Statement of Defense
10/10/03  Order on Documents Relied Upon by Methanex Experts
07/02/03  Order on Schedule for Next Phase
06/02/03  Order on Nature and Timing of Next Phase
04/28/03  U.S. Response to Methanex Request to Limit Amicus Curiae Submissions
04/15/03  Methanex Request to Limit Amicus Curiae Submissions to Legal Issues Raised
03/31/03  Transcript of Procedural Hearing (Uncorrected)
03/26/03  Methanex Response to Supplemental Statement of Defense on Intent
03/21/03  Supplemental Statement of Defense on Intent
03/21/03  U.S. Letter on Nature and Timing of Next Phase
01/31/03  Joint Amicus Motion
11/05/02  Second Amended Statement of Claim
09/25/02  Tribunal Letter re Request for Interpretation of Award
09/23/02  U.S. Response to Request for Interpretation of Award
08/28/02  Methanex Request for Interpretation of Award
08/07/02  1st Partial Award (August 7, 2002)