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Apotex Holdings Inc. and Apotex Inc. v. United States of America, ICSID Case No. ARB(AF)/12/1

New
Short Name:

Apotex v. United States (III)

Case Type:
International Investment Agreement (Investor–State)
Applicable Procedural Rules:
ICSID
Applicable Treaty:
North American Free Trade Agreement (NAFTA) (1994), North American Free Trade Agreement (NAFTA) (1992)
Applicable Legal Instruments:
NAFTA
Economic Sector:
Manufacturing
Outcome:
In Favour of Respondent(s)
See case mapped on Investor-State LawGuide

Available documents

29 Feb 2012
Request for Arbitration
Document Details:
PARTICIPANTS
Request for 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
Request for Arbitration
This summary note is machine-generated. Always consult the original materials.


30 Jul 2012
Memorial of Claimants Apotex Holdings Inc. and Apotex Inc.
Document Details:
PARTICIPANTS
Memorial of Claimants Apotex Holdings Inc. and Apotex Inc.
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 of Claimants Apotex Holdings Inc. and Apotex Inc.
This summary note is machine-generated. Always consult the original materials.


29 Oct 2012
Procedural Order Regarding Scheduling
Document provided by: ICSID
Document Details:
PARTICIPANTS
Procedural Order Regarding Scheduling
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
Procedural Order Regarding Scheduling
This summary note is machine-generated. Always consult the original materials.


29 Nov 2012
First Procedural Order
Document provided by: ICSID
Document Details:
PARTICIPANTS
First Procedural Order
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)
J. William Rowley, John R. Crook
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Barton Legum, Anne-Sophie Dufêtre, Inna Manassyan, Ioana Petculescu, John J. Hay, Ulyana Bardyn
Respondent's counsel
Lisa J. Grosh, Jeremy K. Sharpe, Neale H. Bergman, David M. Bigge, Alicia L. Cate, Nicole C. Thornton
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
First Procedural Order
This summary note is machine-generated. Always consult the original materials.


14 Dec 2012
Counter-Memorial on Merits and Objections to Jurisdiction of Respondent United States of America
Document Details:
PARTICIPANTS
Counter-Memorial on Merits and 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
Counter-Memorial on Merits and Objections to Jurisdiction of Respondent United States of America
This summary note is machine-generated. Always consult the original materials.


28 Dec 2012
Claimants' Opposition to Bifurcation
Document Details:
PARTICIPANTS
Claimants' Opposition to Bifurcation
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
Claimants' Opposition to Bifurcation
This summary note is machine-generated. Always consult the original materials.


10 Jan 2013
Reply of Respondent United States of America on Bifurcation
Document Details:
PARTICIPANTS
Reply of Respondent United States of America on Bifurcation
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 of Respondent United States of America on Bifurcation
This summary note is machine-generated. Always consult the original materials.


16 Jan 2013
Claimants' Rejoinder on Bifurcation
Document Details:
PARTICIPANTS
Claimants' Rejoinder on Bifurcation
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
Claimants' Rejoinder on Bifurcation
This summary note is machine-generated. Always consult the original materials.


25 Jan 2013
Procedural Order Deciding Bifurcation and Non-Bifurcation
Document provided by: ICSID
Document Details:
PARTICIPANTS
Procedural Order Deciding Bifurcation and Non-Bifurcation
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)
J. William Rowley, John R. Crook
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 Deciding Bifurcation and Non-Bifurcation
This summary note is machine-generated. Always consult the original materials.


31 Jan 2013
Invitation to Amici Curiae
Document Details:
PARTICIPANTS
Invitation to Amici Curiae
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
Invitation to Amici Curiae
This summary note is machine-generated. Always consult the original materials.


8 Feb 2013
Mexico Article 1128 Submission
Document Details:
PARTICIPANTS
Mexico Article 1128 Submission
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
Mexico Article 1128 Submission
This summary note is machine-generated. Always consult the original materials.


4 Mar 2013
Procedural Order on the Participation of the Applicant, BNM, as a Non-Disputing Party
Document provided by: ICSID
Document Details:
PARTICIPANTS
Procedural Order on the Participation of the Applicant, BNM, as 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:
J. William Rowley
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
J. William Rowley, John R. Crook
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 on the Participation of the Applicant, BNM, as a Non-Disputing Party
This summary note is machine-generated. Always consult the original materials.


4 Mar 2013
Procedural Order on the Participation of Applicant Mr. Barry Appleton as a Non-Disputing Party
Document provided by: ICSID
Document Details:
PARTICIPANTS
Procedural Order on the Participation of Applicant Mr. Barry Appleton as 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:
J. William Rowley
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
J. William Rowley, John R. Crook
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 on the Participation of Applicant Mr. Barry Appleton as a Non-Disputing Party
This summary note is machine-generated. Always consult the original materials.


29 Mar 2013
Procedural Order Concerning Production of Documents
Document provided by: ICSID
Document Details:
PARTICIPANTS
Procedural Order Concerning Production of Documents
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:
J. William Rowley
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
J. William Rowley, John R. Crook
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 Concerning Production of Documents
This summary note is machine-generated. Always consult the original materials.


14 May 2013
Procedural Order on the Schedule Regarding the Parties' Respective Privilege Logs, Further Submissions and Certifications
Document provided by: ICSID
Document Details:
PARTICIPANTS
Procedural Order on the Schedule Regarding the Parties' Respective Privilege Logs, Further Submissions and Certifications
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:
J. William Rowley
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
J. William Rowley, John R. Crook
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 on the Schedule Regarding the Parties' Respective Privilege Logs, Further Submissions and Certifications
This summary note is machine-generated. Always consult the original materials.


24 May 2013
Reply of Claimants Apotex Holdings Inc. and Apotex Inc.
Document Details:
PARTICIPANTS
Reply of Claimants Apotex Holdings Inc. and Apotex Inc.
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 of Claimants Apotex Holdings Inc. and Apotex Inc.
This summary note is machine-generated. Always consult the original materials.


5 Jul 2013
Procedural Order on Document Production Regarding the Parties' Respective Claims to Privilege and Privilege Logs
Document provided by: ICSID
Document Details:
PARTICIPANTS
Procedural Order on Document Production Regarding the Parties' Respective Claims to Privilege and Privilege Logs
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:
J. William Rowley
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
J. William Rowley, John R. Crook
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 on Document Production Regarding the Parties' Respective Claims to Privilege and Privilege Logs
This summary note is machine-generated. Always consult the original materials.


22 Jul 2013
Supplement to Reply of Claimants Apotex Holdings Inc. and Apotex Inc.
Document Details:
PARTICIPANTS
Supplement to Reply of Claimants Apotex Holdings Inc. and Apotex Inc.
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
Supplement to Reply of Claimants Apotex Holdings Inc. and Apotex Inc.
This summary note is machine-generated. Always consult the original materials.


27 Sep 2013
U.S. Rejoinder on Merits
Document Details:
PARTICIPANTS
U.S. Rejoinder on Merits
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
U.S. Rejoinder on Merits
This summary note is machine-generated. Always consult the original materials.


18 Oct 2013
Claimants' Rejoinder on Jurisdiction
Document Details:
PARTICIPANTS
Claimants' Rejoinder on 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
Claimants' Rejoinder on Jurisdiction
This summary note is machine-generated. Always consult the original materials.


24 Oct 2013
Amended Confidentiality Agreement and Order
Document provided by: ICSID
Document Details:
PARTICIPANTS
Amended Confidentiality Agreement and Order
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:
J. William Rowley
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
Amended Confidentiality Agreement and Order
This summary note is machine-generated. Always consult the original materials.


25 Aug 2014
Award
Document provided by: ICSID
Document Details:
PARTICIPANTS
Award
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:
J. William Rowley
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
Award
This summary note is machine-generated. Always consult the original materials.