This Procedural Order No. 1, issued by the Tribunal following its first session on March 11, 2021, establishes the comprehensive procedural framework for the arbitration. The order confirms the Tribunal's proper constitution and sets forth the applicable rules, namely the ICSID Arbitration Rules (2006) as modified by NAFTA Chapter Eleven. Key procedural determinations include establishing Washington, D.C. as the place of the proceeding and designating English and Spanish as the procedural languages, with provisions for translation and interpretation. The order details the protocols for representation of the parties, routing of communications, and the method for filing pleadings and evidence electronically. It adopts a procedural calendar, attached as Annex B, governing the sequence and deadlines for written submissions, a document production phase, and a hearing scheduled to commence in April 2023. The order also incorporates rules for the submission of witness statements and expert reports, the conduct of hearings, and the examination of witnesses, referencing the IBA Rules on the Taking of Evidence for guidance on document production. Finally, it addresses confidentiality, publication of the award, and the rights of non-disputing NAFTA Parties to make submissions.
Espíritu Santo Holdings v. Mexico, Procedural Order No. 1
29
Mar 2021
Espíritu Santo Holdings, LP and L1bre Holding, LLC v. United Mexican States (I), ICSID Case No. ARB/20/13
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