Arbitral Digest

Matter

Vento Motorcycles, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/17/3)

Investor-state arbitration by Vento Motorcycles against Mexico led to Canadian proceedings on alleged arbitrator bias and the award’s set-aside.

  • Investor-state arbitration
  • Setting aside arbitral awards
  • Recognition and enforcement of arbitral awards
  • Jurisdiction and arbitration agreements
Case no.
ARB(AF)/17/3
Applicable rules
ICSID Arbitration (Additional Facility) Rules of 2006

Procedural record

  1. 6 July 2020Arbitration

    6 July 2020Arbitration

    Award dated 6 July 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the admissibility objections, rejected the jurisdictional objection concerning the Joint Venture, upheld the jurisdictional objection concerning loans, rejected the jurisdictional objection ratione personae, and declared that Mexico did not breach its NAFTA obligations. It awarded Mexico US$982,124.45 for 50% of its legal fees and expenses and 60% of the arbitration costs, payable by Vento within 30 days after issuance, and dismissed all other claims.

    Participants

    Vento Motorcycles, Inc.
    United Mexican States
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Andres Rigo Sureda
    Arbitrator
    David Gantz
    Arbitrator
    Hugo Perezcano

    Authorities cited

    2
    • North American Free Trade Agreement
      treaty
    • Texas Business Organizations Code
      statute

    3 years, 3 months and 17 days later · 1204 days

  2. 23 October 2023Canada

    23 October 2023Canada

    Judgment of the Ontario Superior Court of Justice in the case Vento Motorcycles, Inc. v. United Mexican States (2023 ONSC 5964)

    Ontario Superior Court of Justice

    Citation
    2023 ONSC 5964
    Decision summary
    The court dismissed Vento Motorcycles, Inc.'s application to set aside the arbitral award.

    Participants

    Vento Motorcycles, Inc.
    United Mexican States
    Ontario Superior Court of Justice

    1 year, 3 months and 12 days later · 470 days

  3. 4 February 2025Canada

    4 February 2025Canada

    Judgment of the Court of Appeal for Ontario in the case Vento Motorcycles, Inc. v. United Mexican States (2025 ONCA 82) dated 4 February 2025

    Court of Appeal for Ontario

    Citation
    2025 ONCA 82
    Decision summary
    The Court of Appeal allowed Vento Motorcycles, Inc.'s appeal and set aside the arbitral award because the participation of one arbitrator created a reasonable apprehension of bias.

    Participants

    Vento Motorcycles, Inc.
    United Mexican States
    Court of Appeal for Ontario

Matter record

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Vento Motorcycles, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/17/3) · Matter