Arbitral Digest

Matter

B-Mex, LLC and others v. United Mexican States (ICSID Case No. ARB(AF)/16/3)

Case no.
ARB(AF)/16/3
Seat
Canada
Applicable rules
ICSID Additional Facility Rules
  1. 4 April 2017Canada

    4 April 2017Canada

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules governing the arbitration, including the applicable ICSID Additional Facility Rules, party representation, document production, evidence, hearings, and the procedural timetable.

    Supporting details

    International Centre for Settlement of Investment Disputes

    9 months and 28 days later · 303 days

  2. 1 February 2018Canada

    1 February 2018Canada

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the Respondent to provide a plan for completing its diligent search of SEGOB archives and declined to order the further relief sought concerning privilege and document production at that stage.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 8 days later · 97 days

  3. 9 May 2018Canada

    9 May 2018Canada

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal fixed the dates, venue, schedule, time allocation, and arrangements for the jurisdiction hearing and witness examinations.

    Supporting details

    International Centre for Settlement of Investment Disputes

    20 days later · 20 days

  4. 29 May 2018Canada

    29 May 2018Canada

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the parties to file post-hearing briefs and statements of costs for the jurisdictional phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 days later · 6 days

  5. 4 June 2018Canada

    4 June 2018Canada

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set questions and directions for the parties' post-hearing briefs on jurisdiction.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 20 days later · 50 days

  6. 24 July 2018Canada

    24 July 2018Canada

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal addressed proposed further submissions by the United States and Canada as non-disputing NAFTA parties under Article 1128.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 30 days later · 122 days

  7. 23 November 2018Canada

    23 November 2018Canada

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' submissions following the jurisdiction hearing and directed the next procedural steps before the Partial Award.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 months and 26 days later · 238 days

  8. 19 July 2019Canada

    19 July 2019Canada

    Partial Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Respondent's objections under Articles 1121, 1119, and 1122 of NAFTA; granted the objection under Article 1117 concerning Operadora Pesa; dismissed the Article 1117 objection concerning the other Mexican Companies; declared jurisdiction over the claims under Articles 1116 and 1117 concerning the Juegos Companies and E-Games and declared those claims admissible; awarded the Claimants US$1,399,362.40 in legal costs; and directed the parties to confer on a merits timetable.

    Supporting details

    3 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • International Thunderbird Gaming Corporation v. United Mexican States (Award, 26 November 2006)
      case-law
    • Ioan Micula v. Romania (ICSID Case No. ARB/05/20, Decision on Jurisdiction and Admissibility, 24 September 2008)
      case-law
    • Bernard von Pezold and Others v. Republic of Zimbabwe (ICSID Case No. ARB/10/15, Award, 28 July 2015)
      case-law

    2 months and 13 days later · 75 days

  9. 2 October 2019Canada

    2 October 2019Canada

    Procedural Order No. 8

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural timetable and directions for the merits phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 4 months and 5 days later · 494 days

  10. 7 February 2021Canada

    7 February 2021Canada

    Procedural Order No. 9

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the QEU&S Claimants' application for interim relief and set a timetable for privilege and confidentiality logs and related document production.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 19 days later · 47 days

  11. 26 March 2021Canada

    26 March 2021Canada

    Procedural Order No. 10

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' requests concerning document production and privilege or confidentiality issues.

    Supporting details

    International Centre for Settlement of Investment Disputes

    10 days later · 10 days

  12. 5 April 2021Canada

    5 April 2021Canada

    Procedural Order No. 11

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on Claimant Taylor's application to clarify Procedural Order No. 9.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 21 days later · 51 days

  13. 26 May 2021Canada

    26 May 2021Canada

    Procedural Order No. 12

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on contested privilege and confidentiality claims in the Respondent's log.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 days later · 2 days

  14. 28 May 2021Canada

    28 May 2021Canada

    Procedural Order No. 13

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on contested privilege and confidentiality claims in the Claimants' log and appointed a privilege expert for unresolved claims.

    Supporting details

    International Centre for Settlement of Investment Disputes

    13 days later · 13 days

  15. 10 June 2021Canada

    10 June 2021Canada

    Procedural Order No. 14

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal addressed the privilege expert process and revised the procedural timetable for the merits phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    27 days later · 27 days

  16. 7 July 2021Canada

    7 July 2021Canada

    Procedural Order No. 15

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal revised the procedural timetable for the merits phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 8 days later · 70 days

  17. 15 September 2021Canada

    15 September 2021Canada

    Procedural Order No. 16

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on contested privilege and confidentiality claims in the Claimants' second log and referred unresolved claims to the privilege expert.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 25 days later · 55 days

  18. 9 November 2021Canada

    9 November 2021Canada

    Procedural Order No. 17

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on document production and privilege claims after reviewing the privilege expert's report, ordered production of specified documents subject to redactions, and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 days later · 7 days

  19. 16 November 2021Canada

    16 November 2021Canada

    Procedural Order No. 18

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal amended the procedural timetable for the merits phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 22 days later · 52 days

  20. 7 January 2022Canada

    7 January 2022Canada

    Procedural Order No. 19

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal revised specified privilege rulings concerning the Claimants' second privilege and confidentiality log and reserved costs relating to the disclosure phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months later · 151 days

  21. 7 June 2022Canada

    7 June 2022Canada

    Procedural Order No. 20

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered arrangements to enable witness Daniel Rudden to give evidence remotely from the United States Penitentiary in Leavenworth, Kansas.

    Supporting details

    International Centre for Settlement of Investment Disputes

    10 days later · 10 days

  22. 17 June 2022Canada

    17 June 2022Canada

    Procedural Order No. 21

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the procedural rules and arrangements governing the merits hearing, including its dates, venue, and remote testimony arrangements.

    Supporting details

    International Centre for Settlement of Investment Disputes
  23. 17 June 2022Canada

    17 June 2022Canada

    Procedural Order No. 22

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the application to admit the audio recording, granted leave to submit the website, and allowed the Respondent to make written observations on the website.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 12 days later · 73 days

  24. 29 August 2022Canada

    29 August 2022Canada

    Procedural Order No. 23

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the parties to use the attached decision-making tree as the template for their post-hearing briefs, subject to the stated qualifications.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 9 months and 23 days later · 662 days

  25. 21 June 2024Canada

    21 June 2024Canada

    Final Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declared that the Expansion Projects were protected investments, declared that the Respondent's treatment of the Claimants' investments breached Article 1105 of NAFTA, ordered compensation of US$4,500,000 to E-Games, US$19,426,520 to Juegos de Video y Entretenimiento de Mexico, S. de R.L. de C.V., US$8,692,410 to Juegos de Video y Entretenimiento del Sureste, S. de R.L. de C.V., US$13,358,000 to Juegos de Video y Entretenimiento del Centro, S. de R.L. de C.V., US$21,598,200 to Juegos y Video de Mexico, S. de R.L. de C.V., and US$13,292,040 to Juegos de Video y Entretenimiento del D.F., S. de R.L. de C.V., with interest at 4.57% compounded annually until payment, and ordered payments of US$6,972,783.90 in partial reimbursement of the QEU&S Claimants' costs and US$499,844.18 in arbitration costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

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B-Mex, LLC and others v. United Mexican States (ICSID Case No. ARB(AF)/16/3) · Matter