Arbitral Digest

Matter

Legacy Vulcan, LLC v. United Mexican States (ICSID Case No. ARB/19/1)

Case no.
ARB/19/1
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 26 November 2019Arbitration

    26 November 2019Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules, party representation arrangements, place of proceeding, document-production framework, and procedural timetable for the arbitration.

    Supporting details

    7 authorities · 3 participants
    International Centre for Settlement of Investment Disputes

    Authorities cited

    7
    • North American Free Trade Agreement (NAFTA)
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • ICSID Administrative and Financial Regulations (2006) (as amended and effective 10 April 2006)
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules
    • NAFTA Free Trade Commission Statement on Non-Disputing Party Participation (7 October 2003)
      statute
    • NAFTA Free Trade Commission Note of Interpretation of Certain Chapter 11 Provisions (31 July 2001)
      statute

    8 months and 4 days later · 247 days

  2. 30 July 2020Arbitration

    30 July 2020Arbitration

    Procedural Order No. 2 (Confidentiality Order)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued a confidentiality order governing covered documents and set procedures for confidentiality designations and redactions.

    Supporting details

    3 authorities · 3 participants
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • North American Free Trade Agreement (NAFTA)
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • NAFTA Free Trade Commission Note of Interpretation of Certain Chapter 11 Provisions (31 July 2001)
      statute
  3. 30 July 2020Arbitration

    30 July 2020Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the document-production requests in the annexed Redfern Schedule and ordered the Claimant to produce documents for which no objection was sustained, subject to a privilege log for specified requests.

    Supporting details

    2 authorities · 3 participants
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    5 months and 9 days later · 162 days

  4. 8 January 2021Arbitration

    8 January 2021Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the document-production requests in the annexed Redfern Schedule and ordered the Respondent to produce documents for which no objection was sustained, subject to a privilege log for a specified request.

    Supporting details

    2 authorities · 3 participants
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    4 months and 26 days later · 146 days

  5. 3 June 2021Arbitration

    3 June 2021Arbitration

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal maintained and rejected specified redactions, maintained undisputed redactions, and directed the Claimant to prepare new redacted versions of specified pleadings.

    Supporting details

    1 authority · 3 participants
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • NAFTA Free Trade Commission Note of Interpretation of Certain Chapter 11 Provisions (31 July 2001)
      statute

    1 day later · 1 days

  6. 4 June 2021Arbitration

    4 June 2021Arbitration

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the organization and time allocations for the hearing, including opening statements, witness and expert examinations, and reserved Tribunal time.

    Supporting details

    3 participants
    International Centre for Settlement of Investment Disputes

    1 year, 1 month and 7 days later · 402 days

  7. 11 July 2022Arbitration

    11 July 2022Arbitration

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recommended that Mexico take no action that might further aggravate or extend the dispute, permitted Legacy Vulcan to present an ancillary claim, deferred any decision on a counterclaim, reserved costs, and rejected remaining requests.

    Supporting details

    22 authorities · 3 participants
    International Centre for Settlement of Investment Disputes

    Authorities cited

    22
    • North American Free Trade Agreement (NAFTA)
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • Plama Consortium Ltd. v. Republic of Bulgaria (ICSID Case No. ARB/03/24, Order on Provisional Measures, 6 September 2005)
      case-law
    • Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (Decision on Provisional Measures, 17 August 2007)
      case-law
    • CEMEX Caracas Investments B.V. and CEMEX Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (Decision on Claimant’s Request for Provisional Measures, 3 March 2010)
      case-law
    • Churchill Mining PLC v. Republic of Indonesia (ICSID Case Nos. ARB/12/14 and ARB/12/40, Procedural Order No. 14 on Procedural Measures, 22 December 2014)
      case-law
    • Biwater Gauff (Tanzania) Ltd. v. United Republic of Tanzania (ICSID Case No. ARB/05/22, Procedural Order No. 3 on Provisional Measures, 29 September 2006)
      case-law
    • Quiborax S.A. v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2, Decision on Provisional Measures, 26 February 2010)
      case-law
    • Caratube International Oil Company LLP and Devincci Salah Hourani v. Republic of Kazakhstan (ICSID Case No. ARB/13/13, Decision on Claimant’s Request for Provisional Measures, 4 December 2021)
      case-law
    • Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) (International Court of Justice, Decision, 23 January 2020)
      case-law
    • LaGrand Case (Germany v. United States of America) (International Court of Justice, Order, 3 March 1999)
      case-law
    • Itera International Energy LLC and Itera Group NV v. Georgia I (Decision on the Admissibility of Ancillary Claims, 4 December 2009)
      case-law
    • Feldman v. Mexico (ICSID Case No. ARB(AF)/99/1, Interim Decision on Preliminary Jurisdictional Issues, 6 December 2000)
      case-law
    • Metalclad v. United Mexican States (ICSID Case No. ARB(AF)/97/1, Award, 30 August 2000)
      case-law
    • Merrill & Ring Forestry L.P. v. Government of Canada (UNCITRAL Case No. UNCT/07/01, Decision on a Motion to Add a New Party, 31 January 2008)
      case-law
    • Methanex Corporation v. United States of America (UNCITRAL, Partial Award, 7 August 2002)
      case-law
    • ADF Group Inc. v. United States of America (ICSID Case No. ARB(AF)/00/1, Award, 9 January 2003)
      case-law
    • CMS v. Argentine Republic (ICSID Case No. ARB/01/8, Decision on Objections to Jurisdiction, 17 July 2003)
      case-law
    • Mobil v. Argentine Republic (ICSID Case No. ARB/04/16, Decision on Jurisdiction and Liability, 10 April 2013)
      case-law
    • Lotus Holding Anonim Sirketi v. Turkmenistan (ICSID Case No. ARB/17/30, Award)
      case-law
    • Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan (Decision on Jurisdiction and Liability)
      case-law

    11 months and 11 days later · 346 days

  8. 22 June 2023Arbitration

    22 June 2023Arbitration

    Procedural Order No. 8

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed that the site visit take place under ICSID Arbitration Rule 37(1) in accordance with the attached Site Visit Protocol and invited the parties to submit attendee lists.

    Supporting details

    2 authorities · 3 participants
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    21 days later · 21 days

  9. 13 July 2023Arbitration

    13 July 2023Arbitration

    Procedural Order No. 9

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declined to admit the Class Action Filing as a non-disputing-party submission because it was already an exhibit, granted leave to file the Letter of 30 June 2023 as a non-disputing-party submission, and allowed written comments by the parties.

    Supporting details

    3 authorities · 5 participants
    Communities from Playa del Carmen
    Representative
    Mr. Quetzal Tzab Gonzalez (For: Communities from Playa del Carmen)
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • North American Free Trade Agreement (NAFTA)
      statute
    • NAFTA Free Trade Commission Statement on Non-Disputing Party Participation (7 October 2003)
      statute

    13 days later · 13 days

  10. 26 July 2023Arbitration

    26 July 2023Arbitration

    Procedural Order No. 10

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the organization and estimated timing of the hearing on the ancillary claim and counterclaim jurisdiction and admissibility issues, including the United States oral non-disputing-party submission.

    Supporting details

    1 authority · 3 participants
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • North American Free Trade Agreement (NAFTA)
      statute

    4 months and 23 days later · 146 days

  11. 19 December 2023Arbitration

    19 December 2023Arbitration

    Procedural Order No. 11

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Claimant’s requests to reiterate the recommendation in Procedural Order No. 7 concerning the 20 October 2023 statements and the Notice, reserved related costs, and rejected any remaining request.

    Supporting details

    3 authorities · 3 participants
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • North American Free Trade Agreement (NAFTA)
      statute

Matter record

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Legacy Vulcan, LLC v. United Mexican States (ICSID Case No. ARB/19/1) · Matter