Arbitral Digest

Matter

Joshua Dean Nelson v. United Mexican States (ICSID Case No. UNCT/17/1)

Case no.
UNCT/17/1
Seat
Canada
Applicable rules
1976 UNCITRAL Arbitration Rules
  1. 18 July 2017Canada

    18 July 2017Canada

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the initial procedural framework, including the applicable UNCITRAL Rules, representation, the place of arbitration, and document and hearing procedures.

    Supporting details

    2 authorities · 4 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta
    Arbitrator
    V.V. Veeder QC
    Institutional administrator
    Sara Marzal Yetano

    Authorities cited

    2
    • UNCITRAL Arbitration Rules (1976)
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration (2010)
      academic

    1 month and 20 days later · 51 days

  2. 7 September 2017Canada

    7 September 2017Canada

    Procedural Order No. 2 (Confidentiality Order)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued a Confidentiality Order governing confidential information and the preparation and publication of redacted documents.

    Supporting details

    International Centre for Settlement of Investment Disputes

    21 days later · 21 days

  3. 28 September 2017Canada

    28 September 2017Canada

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' pending document-production requests and objections under the IBA Rules.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration (2010)
      academic

    3 months and 5 days later · 96 days

  4. 2 January 2018Canada

    2 January 2018Canada

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued further directions on document production and related procedural matters.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 11 days later · 42 days

  5. 13 February 2018Canada

    13 February 2018Canada

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the Respondent's first request for document production.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 26 days later · 85 days

  6. 9 May 2018Canada

    9 May 2018Canada

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the Claimant's second request for document production.

    Supporting details

    International Centre for Settlement of Investment Disputes

    30 days later · 30 days

  7. 8 June 2018Canada

    8 June 2018Canada

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued procedural directions concerning the timetable for the proceedings.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 1 day later · 62 days

  8. 9 August 2018Canada

    9 August 2018Canada

    Procedural Order No. 8

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the Respondent's second request for document production.

    Supporting details

    International Centre for Settlement of Investment Disputes

    18 days later · 18 days

  9. 27 August 2018Canada

    27 August 2018Canada

    Procedural Order No. 9

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning the Respondent's requested extension for its Rejoinder.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 days later · 8 days

  10. 4 September 2018Canada

    4 September 2018Canada

    Procedural Order No. 10

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal formalized the agreed procedural calendar and issued directions concerning document production and the Respondent's Rejoinder.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 18 days later · 48 days

  11. 22 October 2018Canada

    22 October 2018Canada

    Procedural Order No. 11

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning expert reports and the further conduct of the proceedings.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 19 days later · 170 days

  12. 10 April 2019Canada

    10 April 2019Canada

    Procedural Order No. 12

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued procedural directions concerning the organization of the April 2019 hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 days later · 7 days

  13. 17 April 2019Canada

    17 April 2019Canada

    Procedural Order No. 13

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal accepted the withdrawal of Jorge Luis Blanco and ordered the related procedural consequences for the arbitration.

    Supporting details

    1 participant
    Jorge Luis Blanco
    International Centre for Settlement of Investment Disputes

    1 month later · 30 days

  14. 17 May 2019Canada

    17 May 2019Canada

    Procedural Order No. 14

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal approved the timetable for post-hearing briefs and submissions concerning the withdrawal of Jorge Luis Blanco and defined the issues to be addressed.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 22 days later · 53 days

  15. 9 July 2019Canada

    9 July 2019Canada

    Procedural Order No. 15

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued procedural directions concerning new evidence and submissions on the bankruptcy issues relating to Jorge Luis Blanco.

    Supporting details

    International Centre for Settlement of Investment Disputes

    15 days later · 15 days

  16. 24 July 2019Canada

    24 July 2019Canada

    Procedural Order No. 16

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal approved a timetable for submissions and evidence concerning the bankruptcy order, de facto control, and share transfer issues.

    Supporting details

    International Centre for Settlement of Investment Disputes

    10 months and 12 days later · 317 days

  17. 5 June 2020Canada

    5 June 2020Canada

    Award of the Tribunal - Corrected

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's jurisdictional objection based on NAFTA Article 1117, denied the Claimant's claims for unlawful expropriation and unfair and inequitable treatment, and ordered the Claimant to pay the Respondent USD 2,054,199 for arbitration costs.

    Supporting details

    2 authorities · 20 participants
    Joshua Dean Nelson
    Representative
    Timothy J. Feighery (For: Joshua Dean Nelson)
    United Mexican States
    Representative
    Lee M. Caplan (For: United Mexican States)
    Representative
    G. David Carter (For: United Mexican States)
    Representative
    Orlando Perez Garate (For: United Mexican States)
    Representative
    Cindy Rayo Zapata (For: United Mexican States)
    Aristeo Lopez Sanchez
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta
    Arbitrator
    V.V. Veeder QC
    Institutional administrator
    Sara Marzal Yetano
    Other

    Authorities cited

    2
    • North American Free Trade Agreement
      statute
    • UNCITRAL Arbitration Rules (1976)
      statute

    1 month and 26 days later · 56 days

  18. 31 July 2020Canada

    31 July 2020Canada

    Corrections to the Final Award of 5 June 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal corrected paragraph 392 to provide a breakdown of tribunal and ICSID costs, deleted paragraph 389, corrected paragraph 391 to refer to UNCITRAL Rules Articles 40(1) and 40(2), and denied all other correction requests.

    Supporting details

    1 authority · 6 participants
    Joshua Dean Nelson
    United Mexican States
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta
    Arbitrator
    V.V. Veeder QC
    Institutional administrator
    Sara Marzal Yetano

    Authorities cited

    1
    • UNCITRAL Arbitration Rules (1976)
      statute

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Joshua Dean Nelson v. United Mexican States (ICSID Case No. UNCT/17/1) · Matter