Arbitral Digest

Matter

Alicia Grace and others v. United Mexican States (ICSID Case No. UNCT/18/4)

Case no.
UNCT/18/4
Applicable rules
1976 UNCITRAL Arbitration Rules
  1. 25 March 2019Arbitration

    25 March 2019Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural framework and calendar for the arbitration.

    Supporting details

    International Centre for Settlement of Investment Disputes

    11 days later · 11 days

  2. 5 April 2019Arbitration

    5 April 2019Arbitration

    Procedural Order No. 2 on Amicus Curiae and Non-Disputing Party Participation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions governing non-disputing party and amicus curiae participation.

    Supporting details

    International Centre for Settlement of Investment Disputes

    21 days later · 21 days

  3. 26 April 2019Arbitration

    26 April 2019Arbitration

    Procedural Order No. 3 on Confidentiality

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the confidentiality and transparency procedure for the arbitration.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 29 days later · 59 days

  4. 24 June 2019Arbitration

    24 June 2019Arbitration

    Procedural Order No. 4 on the Ad Hoc Group of Bondholders' Application for Leave to Intervene

    International Centre for Settlement of Investment Disputes

    Decision summary
    By majority, the Tribunal refused the applicants permission to file a submission and refused access to the parties' pleadings and evidence.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 14 days later · 44 days

  5. 7 August 2019Arbitration

    7 August 2019Arbitration

    Procedural Order No. 5 on the Procedural Calendar

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the procedural calendar and attached an updated calendar.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 12 days later · 134 days

  6. 19 December 2019Arbitration

    19 December 2019Arbitration

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the requested measure in part and ordered the Respondent to cooperate with the conduct of the arbitration as specified in the order.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 months and 30 days later · 243 days

  7. 18 August 2020Arbitration

    18 August 2020Arbitration

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the procedural requests recorded in the order and directed applicable redactions and procedural steps.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 21 days later · 52 days

  8. 9 October 2020Arbitration

    9 October 2020Arbitration

    Procedural Order No. 8

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' document-production requests, including requests concerning financial information and confidential material.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 2 days later · 33 days

  9. 11 November 2020Arbitration

    11 November 2020Arbitration

    Procedural Order No. 9

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal maintained or confirmed the relevant decisions in Procedural Order No. 8, with the modifications and extensions stated in the order.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 5 days later · 125 days

  10. 16 March 2021Arbitration

    16 March 2021Arbitration

    Procedural Order No. 10

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning protective orders and the handling of documents obtained under them.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 27 days later · 58 days

  11. 13 May 2021Arbitration

    13 May 2021Arbitration

    Procedural Order No. 11

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal accepted the Respondent's request and ordered the Claimants to produce documents obtained under the protective orders by 2 June 2021.

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  12. 27 May 2021Arbitration

    27 May 2021Arbitration

    Procedural Order No. 12

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered that the Reply Memorial be published with the redactions proposed in the order.

    Supporting details

    International Centre for Settlement of Investment Disputes

    19 days later · 19 days

  13. 15 June 2021Arbitration

    15 June 2021Arbitration

    Procedural Order No. 13

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Respondent a two-week extension to file its Rejoinder.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 days later · 6 days

  14. 21 June 2021Arbitration

    21 June 2021Arbitration

    Procedural Order No. 14

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted a further one-week extension for the Respondent's filing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 14 days later · 44 days

  15. 4 August 2021Arbitration

    4 August 2021Arbitration

    Procedural Order No. 15

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Respondent's request and maintained the procedural calendar established by Procedural Order No. 14.

    Supporting details

    International Centre for Settlement of Investment Disputes

    30 days later · 30 days

  16. 3 September 2021Arbitration

    3 September 2021Arbitration

    Procedural Order No. 16

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Claimants' request.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 days later · 6 days

  17. 9 September 2021Arbitration

    9 September 2021Arbitration

    Procedural Order No. 17

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' requests for protection of information as set out in the order and its annexes.

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  18. 23 September 2021Arbitration

    23 September 2021Arbitration

    Procedural Order No. 18

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Respondent's request to exclude Mr. Yanus from testifying and directed that he be called directly as a witness of the Tribunal.

    Supporting details

    International Centre for Settlement of Investment Disputes

    29 days later · 29 days

  19. 22 October 2021Arbitration

    22 October 2021Arbitration

    Procedural Order No. 19

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Claimants' request to strike Exhibit CR-36 and set directions for the hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 27 days later · 119 days

  20. 18 February 2022Arbitration

    18 February 2022Arbitration

    Procedural Order No. 20

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed that the hearing would take place in person in Washington, D.C., with remote participation for persons justifiably unable to attend.

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  21. 4 March 2022Arbitration

    4 March 2022Arbitration

    Procedural Order No. 21

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Claimants' request to submit a third expert report on damages quantification.

    Supporting details

    International Centre for Settlement of Investment Disputes

    21 days later · 21 days

  22. 25 March 2022Arbitration

    25 March 2022Arbitration

    Procedural Order No. 22

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on remote participation, witness examination, and the production and admission of additional documents.

    Supporting details

    International Centre for Settlement of Investment Disputes
  23. 25 March 2022Arbitration

    25 March 2022Arbitration

    Procedural Order No. 23

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions for organizing the hearing at ICSID's facilities in Washington, D.C.

    Supporting details

    International Centre for Settlement of Investment Disputes

    13 days later · 13 days

  24. 7 April 2022Arbitration

    7 April 2022Arbitration

    Procedural Order No. 24

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Respondent leave to submit the additional documents specified in the order.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 days later · 5 days

  25. 12 April 2022Arbitration

    12 April 2022Arbitration

    Procedural Order No. 25

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' requests concerning remote participation in the hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 day later · 1 days

  26. 13 April 2022Arbitration

    13 April 2022Arbitration

    Procedural Order No. 26

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the Respondent's request to add new documentary evidence to the record.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 days later · 5 days

  27. 18 April 2022Arbitration

    18 April 2022Arbitration

    Procedural Order No. 27

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Respondent's request that Mr. Trevino's two witness statements remain on the record.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 2 days later · 155 days

  28. 20 September 2022Arbitration

    20 September 2022Arbitration

    Procedural Order No. 28

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued procedural directions concerning the post-hearing phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 1 day later · 62 days

  29. 21 November 2022Arbitration

    21 November 2022Arbitration

    Procedural Order No. 29

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' proposed redactions to their Post-Hearing Briefs and directed submission of redacted versions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    28 days later · 28 days

  30. 19 December 2022Arbitration

    19 December 2022Arbitration

    Procedural Order No. 30

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Claimants' request to submit additional evidence into the record.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year and 8 months later · 609 days

  31. 19 August 2024Arbitration

    19 August 2024Arbitration

    Final Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously found that it lacked jurisdiction over all of the Claimants' claims and dismissed them in their entirety. Claimants were allocated 75% of the fixed tribunal and ICSID costs, Respondent 25%, each Party was to bear its own fees and expenses, and Claimants were ordered to pay Respondent USD 397,619.3 for the expended portion of Respondent's advances to ICSID.

    Supporting details

    3 authorities · 4 participants
    United Mexican States
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Gabriel Bottini

    Authorities cited

    3
    • North American Free Trade Agreement
      treaty
    • UNCITRAL Arbitration Rules (1976) (UNCITRAL Arbitration Rules adopted 15 December 1976)
      rules
    • Vienna Convention on the Law of Treaties, 1969
      convention

Matter record

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Alicia Grace and others v. United Mexican States (ICSID Case No. UNCT/18/4) · Matter