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Fireman’s Fund Insurance Co. v. Mexico

International Centre for Settlement of Investment Disputes
ICSID Case No. ARB(AF)/02/1, Award, July 17, 2006


Fireman’s Fund Insurance Co. (Fireman’s Fund) (plaintiff), a United States insurance company, pursued an arbitration in the International Centre for Settlement of Investment Disputes (ICSID) against Mexico (defendant) on the ground that Mexico violated the North American Free Trade Agreement (NAFTA). Fireman’s Fund claimed that Mexico helped facilitate the purchase of debentures denominated in Mexican pesos and owned by Mexican investors, but that it did not equally facilitate the purchase of debentures denominated in U.S. dollars and owned by Fireman’s Fund. Fireman’s Fund argued Mexico’s actions constituted an expropriation of property. The ICSID considered Mexico’s actions and developed a definition of the word “expropriation.”

Rule of Law


Holding and Reasoning

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