Mario Noriega Willars v. United Mexican States (ICSID Case No. ARB/23/29)

Procedural record

1. 22 July 2024United States

   22 July 2024United States

   Procedural Order No. 1

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal issued the procedural rules governing the arbitration, confirmed the constitution of the Tribunal, and set the procedural timetable. The place of the proceeding is Washington, D.C.

   Participants

   Mario Noriega Willars

   United Mexican States

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Bernard Hanotiau

   Arbitrator

   Andres Moreno Gutierrez

   Arbitrator

   Helene Ruiz Fabri

   Tribunal secretary

   Jara Minguez Almeida

   Tribunal secretary

   Juan Camilo Jimenez-Valencia

   Authorities cited

   3

   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
     statute
   • ICSID Arbitration Rules in force as of 1 July 2022 (ICSID Arbitration Rules, 2022)
     statute
   • North American Free Trade Agreement (NAFTA)
     statute
2. 22 July 2024United States

   22 July 2024United States

   Procedural Order No. 2 on Transparency and Confidentiality

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal issued decisions concerning the transparency and confidentiality regime governing the case, including publication and redaction of covered documents and closed hearings.

   Participants

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Bernard Hanotiau

   Arbitrator

   Andres Moreno Gutierrez

   Arbitrator

   Helene Ruiz Fabri

   Tribunal secretary

   Jara Minguez Almeida

   Tribunal secretary

   Juan Camilo Jimenez-Valencia

   Authorities cited

   3

   • North American Free Trade Agreement (NAFTA)
     statute
   • NAFTA Free Trade Commission Note of Interpretation of Certain Chapter 11 Provisions (NAFTA Free Trade Commission Note of Interpretation, 31 July 2001)
     statute
   • ICSID Arbitration Rules in force as of 1 July 2022 (ICSID Arbitration Rules, 2022)
     statute

   8 months and 2 days later · 245 days

3. 24 March 2025United States

   24 March 2025United States

   Procedural Order No. 3 - Decision on Bifurcation

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal granted the Respondent's request to bifurcate the Fifth, Sixth, and Seventh Objections, directed that proceedings on those objections continue under Scenario 1 of Annex B to Procedural Order No. 1, deferred its decision on costs, and denied all other requests.

   Participants

   Mario Noriega Willars

   United Mexican States

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Bernard Hanotiau

   Arbitrator

   Andres Moreno Gutierrez

   Arbitrator

   Helene Ruiz Fabri

   Tribunal secretary

   Jara Minguez Almeida

   Tribunal secretary

   Juan Camilo Jimenez-Valencia

   Authorities cited

   4

   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
     statute
   • ICSID Arbitration Rules in force as of 1 July 2022 (ICSID Arbitration Rules, 2022)
     statute
   • North American Free Trade Agreement (NAFTA)
     statute
   • United States-Mexico-Canada Agreement (USMCA)
     statute