Arbitral Digest

Matter

Robert Azinian, Kenneth Davitian and Ellen Baca v. United Mexican States (ICSID Case No. ARB(AF)/97/2)

Case no.
ARB(AF)/97/2
Applicable rules
ICSID Additional Facility Rules
  1. 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

  2. 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

  3. 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

  4. 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.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 28 days later · 148 days

  5. 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.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 5 days later · 158 days

  6. 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.

    Supporting details

    International Centre for Settlement of Investment Disputes

    11 months and 8 days later · 342 days

  7. 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.

    Supporting details

    3 authorities · 33 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
    Jan Paulsson
    Tribunal secretary
    Alejandro A. Escobar
    Other
    Witness
    Ted Guth

    Authorities cited

    3
    • North American Free Trade Agreement
      treaty
    • Principles of Public International Law, 5th edition (Ian Brownlie, Principles of Public International Law, 5th edition)
      academic
    • International Law in the Past Third of a Century (Eduardo Jimenez de Arechaga, International Law in the Past Third of a Century, 159-I Recueil des cours)
      academic

Matter record

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Robert Azinian, Kenneth Davitian and Ellen Baca v. United Mexican States (ICSID Case No. ARB(AF)/97/2) · Matter