Matter
Apotex Holdings Inc. and Apotex Inc. v. United States of America (ICSID Case No. ARB(AF)/12/1)
- 24 July 2012United States
24 July 2012United States
Confidentiality Agreement and Order
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal established procedures for designating, protecting, using, challenging, and disclosing confidential information in the arbitration.
Supporting details
4 participantsApotex Holdings Inc.
Apotex Inc.
United States of America
International Centre for Settlement of Investment Disputes
- Arbitrator
- V. V. Veeder
3 months and 5 days later · 97 days
- 29 October 2012United States
29 October 2012United States
Procedural Order Concerning the Procedural Calendar
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal dismissed the Respondent's application to revise the pleading schedule and fixed deadlines for the Counter-Memorial, bifurcation submissions, and later scheduling of quantum issues.
Supporting details
4 participantsUnited States of America
Apotex Holdings Inc.
Apotex Inc.
International Centre for Settlement of Investment Disputes
- Tribunal secretary
- Eloise M. Obadia
8 days later · 8 days
- 6 November 2012United States
6 November 2012United States
Decision on the Place of Arbitration
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal confirmed Washington, DC as the geographical venue for procedural meetings and hearings and decided that New York, New York, United States of America was the legal place of arbitration.
Supporting details
3 participantsApotex Holdings Inc.
Apotex Inc.
United States of America
International Centre for Settlement of Investment Disputes
23 days later · 23 days
- 29 November 2012United States
29 November 2012United States
First Procedural Order
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal adopted the procedural framework for the arbitration, including the applicable rules, tribunal constitution, party representation, confidentiality, document production, non-disputing party applications, and the procedural timetable.
Supporting details
7 participantsApotex Holdings Inc.
Apotex Inc.
United States of America
International Centre for Settlement of Investment Disputes
- Arbitrator
- V. V. Veeder
- Arbitrator
- J. William Rowley
- Arbitrator
- John R. Crook
- Tribunal secretary
- Eloise M. Obadia
1 month and 27 days later · 57 days
- 25 January 2013United States
25 January 2013United States
Procedural Order Deciding Bifurcation and Non-Bifurcation
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal dismissed the Respondent's application for bifurcation. It ordered jurisdiction and liability issues to be addressed together in the remaining written and oral procedure, with damages to be addressed later if and to the extent relevant.
Supporting details
3 participantsUnited States of America
Apotex Holdings Inc.
Apotex Inc.
International Centre for Settlement of Investment Disputes
1 month and 7 days later · 38 days
- 4 March 2013United States
4 March 2013United States
Procedural Order on the Participation of Barry Appleton as a Non-Disputing Party
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal denied Barry Appleton's application for permission to file a non-disputing party submission.
Supporting details
4 participantsBarry Appleton
Apotex Holdings Inc.
Apotex Inc.
United States of America
International Centre for Settlement of Investment Disputes
- 4 March 2013United States
4 March 2013United States
Procedural Order on the Participation of BNM as a Non-Disputing Party
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal did not grant the Study Center for Sustainable Finance of Business Neatness Magnanimity BNM srl permission to file a non-disputing party submission.
Supporting details
3 participantsBusiness Neatness Magnanimity BNM srl
Study Center for Sustainable Finance
United States of America
International Centre for Settlement of Investment Disputes
25 days later · 25 days
- 29 March 2013United States
29 March 2013United States
Procedural Order on the Parties' Respective Requests for Document Production
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal ordered production of documentation identified against specified requests, subject where stated to relevance, materiality, and privilege, and set procedures for privilege logs, further submissions, certifications, and possible review of disputed documents.
Supporting details
3 participantsApotex Holdings Inc.
Apotex Inc.
United States of America
International Centre for Settlement of Investment Disputes
1 month and 15 days later · 46 days
- 14 May 2013United States
14 May 2013United States
Procedural Order on the Schedule Regarding the Parties' Respective Privilege Logs, Further Submissions and Certifications
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal formalized the parties' agreed schedule for exchanging privilege logs, objections, replies, certifications, further submissions, and the Tribunal's potential decision on privilege issues and any resulting production.
Supporting details
3 participantsApotex Holdings Inc.
Apotex Inc.
United States of America
International Centre for Settlement of Investment Disputes
1 month and 21 days later · 52 days
- 5 July 2013United States
5 July 2013United States
Procedural Order on Document Production Regarding the Parties' Respective Claims to Privilege and Privilege Logs
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal decided the parties' disputed claims concerning privilege and privilege logs in the document-production process and ordered or declined further production as specified in the order.
Supporting details
3 participantsApotex Holdings Inc.
Apotex Inc.
United States of America
International Centre for Settlement of Investment Disputes
3 months and 19 days later · 111 days
- 24 October 2013United States
24 October 2013United States
Amended Confidentiality Agreement and Order
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal amended the confidentiality framework governing protected information in the arbitration, including additional protections for highly sensitive information and related disclosure procedures.
Supporting details
4 participantsApotex Holdings Inc.
Apotex Inc.
United States of America
International Centre for Settlement of Investment Disputes
- Arbitrator
- V. V. Veeder
10 months and 1 day later · 305 days
- 25 August 2014United States
25 August 2014United States
Award
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal upheld the Respondent's jurisdictional objections to claims concerning approved abbreviated new drug applications, based on the prior Apotex I and II Award operating as res judicata; dismissed the other jurisdictional objections and assumed jurisdiction over the remaining claims; dismissed on the merits all non-ANDA claims made by Apotex Holdings Inc. for itself and Apotex Corp.; allocated 75% of the arbitration costs to the First and Second Claimants and 25% to the Respondent; ordered the First and Second Claimants to pay the Respondent US$ 1,222,584.38 for legal costs; and dismissed all other claims except as ordered.
Supporting details
8 participantsApotex Holdings Inc.
Apotex Inc.
Apotex Corp.
United States of America
International Centre for Settlement of Investment Disputes
- Arbitrator
- V. V. Veeder
- Arbitrator
- J. William Rowley
- Arbitrator
- John R. Crook
- Tribunal secretary
- Monty Taylor