INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
B-Mex, LLC and others
v.
United Mexican States (ICSID Case No. ARB(AF)/16/3)
Members of the Tribunal
Dr. Gaëtan Verhoosel, President
Prof. Gary Born, Arbitrator
Mr. Raúl Emilio Vinuesa, Arbitrator
Secretary of the Tribunal
Ms. Natalí Sequeira, ICSID
2 October 2019
[Page 2]
The Tribunal thanks the parties for their helpful submissions regarding the procedural timetable for the merits phase of this proceeding, and notes that the parties are broadly in agreement on the appropriate structure and time limits.
The parties do disagree on when document production should take place. Having considered the parties’ submissions on this point, the Tribunal has decided not to retain the Respondent’s proposal for four distinct sets of document production requests—one prior to each of the four pre-hearing submissions. The Tribunal is concerned that document production requests uninformed by a first round of pre-hearing submissions risk being insufficiently narrow, targeted, relevant and material. Consistent with prevailing practice in international arbitration, the Tribunal prefers to provide for simultaneous document production requests after the first round of pre-hearing briefing. That approach ensures equal treatment—each party submits one brief with and without the benefit of document production—and causes no prejudice to either party.
Having considered the parties’ submissions, in accordance with Section 14.2 of PO1, the Tribunal fixes the procedural timetable for the merits phase set out in Annex A hereto. In accordance with Section 14.1 of PO1, should any party require any variation to this procedural timetable in the course of the proceeding, it shall make an application to the Tribunal setting out the good cause for any such application.
Signature
Dr. Gaëtan Verhoosel
On behalf of the Tribunal
Date: 2 October 2019
[Page 3]
| Submission | Party | Term | Due Date |
|---|---|---|---|
| Memorial on the Merits | Claimants | 26 weeks from the date of Procedural Order No. 8 | 31 March 2020 |
| Counter-Memorial on the Merits | Respondent | 26.5 weeks from the due date of Memorial on the Merits | 2 October 2020 |
| Requests for Production of Documents | Claimants and Respondent | 4 weeks from the due date of Counter-Memorial on the Merits | 30 October 2020 |
| Production of non-objected documents and Objections to Requests for Production of Documents (if any) | Claimants and Respondent | 4 weeks from the due date of Requests for Production of Documents | 27 November 2020 |
| Reply to Objections to Requests for Production | Claimants and Respondent | 3 weeks from the due date of Production of non-objected documents and Objections to Requests for Production of Documents | 18 December 2020 |
| Decision on Requests for Production of Documents | Tribunal | 4 weeks from the due date of Reply to Objections to Requests for Production | 15 January 2021 |
| Simultaneous Production of Documents Ordered by the Tribunal | Claimants and Respondent | 4 weeks from the due date of Decision on Requests for Production of Documents | 12 February 2021 |
| Reply on the Merits | Claimants | 10 weeks from the Production of Documents Ordered by the Tribunal | 23 April 2021 |
| Rejoinder on the Merits | Respondent | 10 weeks from the due date of the Reply on the Merits | 2 July 2021 |
[Page 4]
| 1128 Submissions | Non-disputing NAFTA Parties | 2 weeks from the due date of the Rejoinder on the Merits | 16 July 2021 |
| Comments to 1128 Submissions | Claimants and Respondent | 2 weeks from the due date of the 1128 Submissions | 30 July 2021 |
| Witness Notifications (if necessary) | Claimants and Respondent | 2 week from the due date of comments on 1128 Submissions | 13 August 2021 |
| Pre-Hearing Organizational Meeting (if necessary) | Tribunal, Claimants, and Respondent | 1 week from the due date of Witness Notifications | 20 August 2021 |
| Hearing on the Merits | Tribunal, Claimants, and Respondent | At least 3 weeks from the date of the Pre-Hearing Organizational Meeting | 1-12 November 2021 (provisionally reserved by the Tribunal and to be adjusted as appropriate in the course of the proceeding) |
| Post-hearing briefs | Claimants and Respondent | [Need and timing TBD] |