Matter
Robert Azinian, Kenneth Davitian and Ellen Baca v. United Mexican States (ICSID Case No. ARB(AF)/97/2)
Arbitration involving Robert Azinian, Kenneth Davitian and Ellen Baca v. United Mexican States (ICSID Case No. ARB(AF)/97/2); a linked record states that the State Administrative Tribunal dismissed DESONA's claims seeking nullification of the Naucalpan Ayuntamiento's decisions concerning the Concession Contract.
Procedural record
- 4 July 1994Mexico
4 July 1994Mexico
State Administrative Tribunal judgment dated 4 July 1994
State Administrative Tribunal
- Decision summary
- The State Administrative Tribunal dismissed DESONA's claims seeking nullification of the Naucalpan Ayuntamiento's decisions concerning the Concession Contract.
4 months and 13 days later · 136 days
- 17 November 1994Mexico
17 November 1994Mexico
Superior Chamber of the Administrative Tribunal judgment dated 17 November 1994
Superior Chamber of the Administrative Tribunal
- Decision summary
- The Superior Chamber upheld the Naucalpan Ayuntamiento's annulment of the Concession Contract, finding that nine alleged irregularities had been demonstrated, including seven concerning alleged misrepresentations by the Claimants.
6 months and 1 day later · 182 days
- 18 May 1995Mexico
18 May 1995Mexico
Federal Circuit Court ruling dated 18 May 1995
Federal Circuit Court
- Decision summary
- The Federal Circuit Court ruled in favour of the Naucalpan Ayuntamiento and upheld the Superior Chamber's judgment concerning the nine grounds accepted for annulment of the Concession Contract.
2 years, 8 months and 4 days later · 980 days
- 22 January 1998Arbitration
22 January 1998Arbitration
Interim Decision Concerning Respondent's Motion for Directions dated 22 January 1998
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal directed that standing issues be addressed in the pleadings on the merits and recorded observations on their possible effect on the claims.
Participants
International Centre for Settlement of Investment Disputes
4 months and 28 days later · 148 days
- 19 June 1998Arbitration
19 June 1998Arbitration
Tribunal Ruling on Witness Interviews dated 19 June 1998
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal declined to restrict interviews with witnesses who freely chose to meet representatives of a party. It directed that interview statements would not be received into evidence, giving probative value only to signed written statements or testimony before the Tribunal.
Participants
International Centre for Settlement of Investment Disputes
5 months and 5 days later · 158 days
- 24 November 1998Arbitration
24 November 1998Arbitration
Decision Concerning the Filing of a Reply and a Rejoinder dated 24 November 1998
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal directed a further round of written pleadings and ordered the Claimants to file their Reply by 19 January 1999 and the Respondent to file its Rejoinder by 19 April 1999.
Participants
International Centre for Settlement of Investment Disputes
11 months and 8 days later · 342 days
- 1 November 1999Arbitration
1 November 1999Arbitration
Award of the Tribunal dated 1 November 1999
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal rejected the Claimants' claims in their entirety. It made no award of costs: each side was to bear its own expenditures, and the amounts paid to ICSID were allocated equally.
Participants
Robert Azinian
- Representative
- David J. St. Louis (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- William S. Dodge (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- Clyde C. Pearce (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- Jack C. Coe (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- Peter Cling (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
Kenneth Davitian
- Representative
- David J. St. Louis (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- William S. Dodge (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- Clyde C. Pearce (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- Jack C. Coe (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- Peter Cling (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
Ellen Baca
- Representative
- David J. St. Louis (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- William S. Dodge (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- Clyde C. Pearce (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- Jack C. Coe (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
- Representative
- Peter Cling (For: Robert Azinian · Kenneth Davitian · Ellen Baca)
United Mexican States
- Representative
- Hugo Perezcano Diaz (For: United Mexican States)
International Centre for Settlement of Investment Disputes
- Arbitrator
- Benjamin R. Civiletti
- Arbitrator
- Claus von Wobeser
- Arbitrator
- Jan Paulsson
- Tribunal secretary
- Alejandro A. Escobar
Other
- Witness
- Ariel Goldenstein
- Witness
- Basil Carter
- Witness
- Ted Guth
- Witness
- Bryan A. Stirrat
- Witness
- David S. Page
- Witness
- William Rothrock
- Witness
- Robert E. Proctor
- Witness
- Ronald Proctor
- Witness
- Raul Romo Velazquez
- Witness
- James Hodge
- Witness
- J. Cameron Mowatt
- Witness
- Carlos Felipe Davalos
- Witness
- Patricia Tejeda
- Witness
- Emilio Sanchez Serrano
- Witness
- Oscar Palacios Gomez
- Witness
- David A. Schwickerath
- Witness
- Francesco Piazzesi di Villamosa
- Expert
- Richard Carvell
- Expert
- Ernst & Young