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Apotex Inc. v. United States of America, ICSID Case No. UNCT/10/2

New
Short Name:

Apotex v.USA v. United States (I)

Case Type:
International Investment Agreement (Investor–State)
Applicable Procedural Rules:
UNCITRAL Arbitration Rules (1976)
Applicable Treaty:
North American Free Trade Agreement (NAFTA) (1994)
Applicable Legal Instruments:
NAFTA
Economic Sector:
Other Service Activities
Outcome:
In Favour of Respondent(s)
See case mapped on Investor-State LawGuide

Available documents

10 Dec 2008
Notice of Arbitration
Document Details:
PARTICIPANTS
Notice of Arbitration
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Notice of Arbitration
This summary note is machine-generated. Always consult the original materials.


4 Jun 2009
Notice of Arbitration
Document Details:
PARTICIPANTS
Notice of Arbitration
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Notice of Arbitration
This summary note is machine-generated. Always consult the original materials.


29 Oct 2010
Submission of Apotex Inc. in Support of a Stay
Document Details:
PARTICIPANTS
Submission of Apotex Inc. in Support of a Stay
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
William A. Rakoczy, Robert M. Teigen
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Submission of Apotex Inc. in Support of a Stay
This summary note is machine-generated. Always consult the original materials.


12 Nov 2010
Submission of Respondent United States of America in Opposition of a Stay
Document Details:
PARTICIPANTS
Submission of Respondent United States of America in Opposition of a Stay
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Submission of Respondent United States of America in Opposition of a Stay
This summary note is machine-generated. Always consult the original materials.


16 Dec 2010
Procedural Order No. 1
Document Details:
PARTICIPANTS
Procedural Order No. 1
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Clifford Davidson
Respondent appointee
Respondent appointee:
Fern Smith
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 1
This summary note is machine-generated. Always consult the original materials.


17 Jan 2011
Statement of Claims
Document Details:
PARTICIPANTS
Statement of Claims
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
William A. Rakoczy, Robert M. Teigen
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Statement of Claims
This summary note is machine-generated. Always consult the original materials.


15 Mar 2011
Statement of Defence, Respondent United States of America
Document Details:
PARTICIPANTS
Statement of Defence, Respondent United States of America
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Statement of Defence, Respondent United States of America
This summary note is machine-generated. Always consult the original materials.


16 May 2011
Memorial on Objections to Jurisdiction of Respondent United States of America
Document Details:
PARTICIPANTS
Memorial on Objections to Jurisdiction of Respondent United States of America
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Memorial on Objections to Jurisdiction of Respondent United States of America
This summary note is machine-generated. Always consult the original materials.


1 Aug 2011
Claimant Apotex's Counter-Memorial on Respondent's Objections to Jurisdiction
Document Details:
PARTICIPANTS
Claimant Apotex's Counter-Memorial on Respondent's Objections to Jurisdiction
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
William A. Rakoczy, Robert M. Teigen
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Claimant Apotex's Counter-Memorial on Respondent's Objections to Jurisdiction
This summary note is machine-generated. Always consult the original materials.


11 Oct 2011
Procedural Order No.2 on the participation of a non-disputing party
Document Details:
PARTICIPANTS
Procedural Order No.2 on the participation of a non-disputing party
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Clifford Davidson
Respondent appointee
Respondent appointee:
Fern Smith
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No.2 on the participation of a non-disputing party
This summary note is machine-generated. Always consult the original materials.


17 Oct 2011
Reply on Objections to Jurisdiction of Respondent United States of America
Document Details:
PARTICIPANTS
Reply on Objections to Jurisdiction of Respondent United States of America
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Reply on Objections to Jurisdiction of Respondent United States of America
This summary note is machine-generated. Always consult the original materials.


16 Dec 2011
Claimant Apotex Inc.'s Rejoinder Memorial on Respondent's Reply on Objections to Jurisdiction
Document Details:
PARTICIPANTS
Claimant Apotex Inc.'s Rejoinder Memorial on Respondent's Reply on Objections to Jurisdiction
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Claimant Apotex Inc.'s Rejoinder Memorial on Respondent's Reply on Objections to Jurisdiction
This summary note is machine-generated. Always consult the original materials.


15 Feb 2012
Transcript of the Hearing on Preliminary Issues - Day One (redacted)
Document Details:
PARTICIPANTS
Transcript of the Hearing on Preliminary Issues - Day One (redacted)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Clifford Davidson
Respondent appointee
Respondent appointee:
Fern Smith
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Transcript of the Hearing on Preliminary Issues - Day One (redacted)
This summary note is machine-generated. Always consult the original materials.


16 Feb 2012
Transcript of the Hearing on Preliminary Issues - Day Two
Document Details:
PARTICIPANTS
Transcript of the Hearing on Preliminary Issues - Day Two
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Clifford Davidson
Respondent appointee
Respondent appointee:
Fern Smith
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Transcript of the Hearing on Preliminary Issues - Day Two
This summary note is machine-generated. Always consult the original materials.


14 Jun 2013
Award On Jurisdiction and Admissibility
Document Details:
PARTICIPANTS
Award On Jurisdiction and Admissibility
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Clifford Davidson
Respondent appointee
Respondent appointee:
Fern Smith
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
William A. Rakoczy, Robert M. Teigen
Respondent's counsel
Mary McLeod, Jeffrey D. Kovar, Lisa J. Grosh, Mark E. Feldman, Jeremy K. Sharpe, Neale H. Bergman, David M. Bigge, Alicia L. Cate, Patrick W. Pearsall
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Award On Jurisdiction and Admissibility
This summary note is machine-generated. Always consult the original materials.