First TMEC Rapid Response Labor Panel at Mina San Martin. United States v. Mexico. Excesses and consequences

Abstract

This article analyzes the First Rapid Response Labor Panel in San Martin Mine, USA v. Mexico, the only one of its kind, under the Treaty between Mexico, the United States, and Canada. Although it ruled that it did not have jurisdiction, exceeding its powers, entered the study of the merits of the dispute, and set forth its opinions and conclusions in its Report or award which, although not legally valid, could erroneously be used by another Panel against the same San Martin Mine or any other alleged Covered facility in Mexico. Likewise, good faith in invocating the Labor Panel is also discussed. Finally, by way of example, some cases of arbitral tribunals that improperly support their determinations in decisions of other tribunals that do not have jurisdiction, such as Mondev v. USA, Loewen v. USA and Lion v. Mexico, are studied. The conclusion reached is that this approach’s consequences surprise, hinder, and distort the correctness of arbitral justice.