This HTML version is machine-generated. Always consult the original document.

IN THE MATTER OF AN ARBITRATION UNDER THE NORTH AMERICAN FREE
TRADE AGREEMENT AND THE AGREEMENT BETWEEN THE UNITED STATES OF
AMERICA, THE UNITED MEXICAN STATES, AND CANADA

-and-

THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON
INTERNATIONAL TRADE LAW (1976)

-between-

AMERRA CAPITAL MANAGEMENT, LLC,
AMERRA AGRI FUND, L.P.,
AMERRA AGRI OPPORTUNITY FUND, L.P., AND
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, ON BEHALF OF THE
JPMORGAN CHASE RETIREMENT PLAN
(the “Claimants”)

and

THE UNITED MEXICAN STATES
(the “Respondent”)

ICSID Case No. UNCT/23/1

PROCEDURAL ORDER NO. 4

Members of the Tribunal
Prof. Albert Jan van den Berg, Presiding Arbitrator
Mr. Eduardo Siqueiros T., Arbitrator
Prof. Jorge Viñuales, Arbitrator

Secretary of the Tribunal
Ms. Mercedes Cordido-Freytes de Kurowski, Legal Counsel, ICSID

Assistant to the Tribunal
Ms. Emily Hay

November 29, 2023

[Page 1]

I. PROCEDURAL BACKGROUND

1. On April 14, 2023, the Tribunal held the First Session of the Tribunal with the disputing parties (“Disputing Parties” or “Parties”) by video conference.

2. On May 11, 2023, the Tribunal issued Procedural Order No. 1, which included a detailed Procedural Timetable attached under Annex A.

3. On November 21, 2023, Respondent requested leave from the Tribunal for a two-week extension of the deadline for the filing of its Statement of Defence, currently due on December 14, 2023. Respondent informed the Tribunal that at Respondent’s request and subject to the Tribunal’s approval, the Parties had agreed to extend the deadline for Respondent’s Statement of Defence until December 28, 2023, with corresponding extensions to the remaining deadlines in the Procedural Timetable. Respondent further confirmed that the Parties’ agreed amendments to the Procedural Timetable, enclosed with its communication of November 21, 2023, would not affect the Hearing Dates fixed under Annex A to Procedural Order No. 1.

4. On November 22, 2023, Claimants confirmed the Parties’ agreement as expressed in Respondent’s communication of November 21, 2023.

II. TRIBUNAL’S CONSIDERATIONS AND DECISION

5. In light of the Parties’ agreement, the Tribunal decides as follows:

a. The Tribunal hereby grants Respondent a two-week extension to present its Statement of Defence, i.e., until Thursday, December 28, 2023.

b. The Tribunal confirms the Parties’ proposed Procedural Timetable, which revises the one provided as Annex A to Procedural Order No. 1, and is now attached as Annex A to this Procedural Order with effect as of today’s date.

[Signed]

Prof. Albert Jan van den Berg
President of the Tribunal
Date: November 29, 2023

[Page 2]

Timetable - Annex A to PO 4 and Revised Annex A to PO 1

[Page 3]

Timetable - Annex A to PO 4 and Revised Annex A to PO 1