Arbitral Digest

Matter

Archer Daniels Midland Company and Tate & Lyle Ingredients Americas, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/5)

Case no.
ARB(AF)/04/5
Applicable rules
ICSID Additional Facility Arbitration Rules
  1. 20 May 2005Arbitration

    20 May 2005Arbitration

    Order of the Consolidation Tribunal dated 20 May 2005

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Consolidation Tribunal rejected Mexico's request to consolidate the claims brought by Corn Products International, Inc. and by Archer Daniels Midland Company and Tate & Lyle Ingredients Americas, Inc. Each party was ordered to bear its own costs and attorneys' fees; Mexico was ordered to bear 50% of the tribunal members' fees and expenses and ICSID expenses, with the remaining 50% divided equally between the Corn Products and Archer Daniels Midland and Tate & Lyle claims.

    Supporting details

    1 authority · 12 participants
    Corn Products International, Inc.
    Archer Daniels Midland Company
    Representative
    Akin Gump Strauss Hauer & Feld (For: Archer Daniels Midland Company · Tate & Lyle Ingredients Americas, Inc.)
    Representative
    Sidley Austin Brown & Wood (For: Archer Daniels Midland Company · Tate & Lyle Ingredients Americas, Inc.)
    Tate & Lyle Ingredients Americas, Inc.
    Representative
    Akin Gump Strauss Hauer & Feld (For: Archer Daniels Midland Company · Tate & Lyle Ingredients Americas, Inc.)
    Representative
    Sidley Austin Brown & Wood (For: Archer Daniels Midland Company · Tate & Lyle Ingredients Americas, Inc.)
    United Mexican States
    Representative
    Pillsbury Winthrop Shaw Pittman (For: United Mexican States)
    Representative
    Secretariat of Economy of Mexico (For: United Mexican States)
    Representative
    Thomas & Partners (For: United Mexican States)
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • North American Free Trade Agreement, 1992
      statute

    2 years, 6 months and 1 day later · 915 days

  2. 21 November 2007Arbitration

    21 November 2007Arbitration

    Award dated 21 November 2007

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Arbitral Tribunal found that Mexico breached NAFTA Articles 1102 and 1106 in relation to the claimants' investment in Mexico, but did not breach Article 1110. It held that the Tax was not a valid countermeasure, denied Mexico's request for suspension, and ordered Mexico to pay US$33,510,091 in principal plus simple interest calculated monthly at the U.S. Treasury bill rate until payment. It denied the remaining compensation claims and allocated costs and tribunal and Secretariat expenses as stated in the award.

    Supporting details

    9 authorities · 13 participants
    Archer Daniels Midland Company
    Representative
    Akin Gump Strauss Hauer & Feld (For: Archer Daniels Midland Company · Tate & Lyle Ingredients Americas, Inc.)
    Representative
    Sidley Austin Brown & Wood (For: Archer Daniels Midland Company · Tate & Lyle Ingredients Americas, Inc.)
    Tate & Lyle Ingredients Americas, Inc.
    Representative
    Akin Gump Strauss Hauer & Feld (For: Archer Daniels Midland Company · Tate & Lyle Ingredients Americas, Inc.)
    Representative
    Sidley Austin Brown & Wood (For: Archer Daniels Midland Company · Tate & Lyle Ingredients Americas, Inc.)
    Almidones Mexicanos S.A. de C.V.
    United Mexican States
    Representative
    Pillsbury Winthrop Shaw Pittman (For: United Mexican States)
    Representative
    Secretariat of Economy of Mexico (For: United Mexican States)
    Representative
    Thomas & Partners (For: United Mexican States)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Gonzalo Flores

    Authorities cited

    9
    • North American Free Trade Agreement, 1992
      statute
    • International Law Commission Articles on State Responsibility (Report of the International Law Commission on the Work of its Fifty-third Session, UN GAOR, 56th session, Supplement No. 10)
      academic
    • Vienna Convention on the Law of Treaties (1155 U.N.T.S. 331)
      statute
    • General Agreement on Tariffs and Trade 1994
      statute
    • Gabcikovo-Nagymaros Project (International Court of Justice, Judgment, 1997)
      case-law
    • Marvin Roy Feldman Karpa v. United Mexican States (ICSID Case No. ARB(AF)/99/1, Award, December 16, 2002)
      case-law
    • S.D. Myers Inc. v. Government of Canada (UNCITRAL, NAFTA Final Award on the Merits, November 13, 2000)
      case-law
    • Pope & Talbot v. Government of Canada (UNCITRAL, Interim Award, June 26, 2000)
      case-law
    • Metalclad v. United Mexican States (ICSID Case No. ARB(AF)/97/1, Award)
      case-law

    7 months and 19 days later · 232 days

  3. 10 July 2008Arbitration

    10 July 2008Arbitration

    Decision on the parties' requests for a supplementary decision, interpretation and correction dated 10 July 2008

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued a decision on the parties' requests for a supplementary decision, interpretation and correction of the award.

    Supporting details

    International Centre for Settlement of Investment Disputes

Matter record

Report a correction

Archer Daniels Midland Company and Tate & Lyle Ingredients Americas, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/5) · Matter