IN THE MATTER OF AN ARBITRATION UNDER THE
NORTH AMERICAN FREE TRADE AGREEMENT
and
THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF
FRANCE AND THE GOVERNMENT OF THE UNITED MEXICAN STATES ON THE
RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS
and
THE AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE UNITED
MEXICAN STATES ON THE RECIPROCAL PROMOTION AND PROTECTION OF
INVESTMENTS
and
EL ACUERDO ENTRE EL GOBIERNO DE LOS ESTADOS UNIDOS MEXICANOS Y EL
GOBIERNO DE LA REPUBLICA ARGENTINA PARA LA PROMOCIÓN Y PROTECCIÓN
RECÍPROCA DE LAS INVERSIONES
- and -
THE ARBITRATION RULES OF THE
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (1976)
- between -
CARLOS SASTRE AND OTHERS
(the “Claimants”)
and
THE UNITED MEXICAN STATES
(the “Respondent”)
ICSID Case No. UNCT/20/2
Tribunal
Prof. Eduardo Zuleta (Presiding Arbitrator)
Dr. Charles Poncet
Mr. Christer Söderlund
Secretary of the Tribunal
Ms. Geraldine R. Fischer
September 17, 2020
[Page 1]
1. Further to Procedural Order No. 2, the Tribunal invited the Parties to confer and agree on: (a) the procedural calendar; and (b) the applicable arbitration rules for these proceedings. Specifically, the Tribunal invited the Parties to seek an agreement as to whether to apply the 1976 or the 2010 UNCITRAL Arbitration Rules to these proceedings, and, in the absence of an agreement, indicate each Party’s position.
2. On 9 September 2020, the Parties informed the Tribunal that they “agreed to apply the 1976 version of the UNCITRAL Arbitration Rules for all of the claims in this proceeding” and agreed on the proposed procedural calendar.
3. The Tribunal decides as follows:
- These proceedings will be governed by the 1976 version of the UNCITRAL Arbitration Rules; and
- The Tribunal adopts the Parties’ proposed procedural calendar, which is attached as Annex A to this Procedural Order.
On behalf of the Arbitral Tribunal,
[Signed]
Prof. Eduardo Zuleta
Date: September 17, 2020
[Page 2]
| Submission | Party | Time Limit | Due Date |
|---|---|---|---|
| Memorial on Jurisdictional Objections | Respondent | 14 weeks from the date of issuance by the Tribunal of the jurisdiction procedural timetable | 23 December 2020 |
| Counter- Memorial on Jurisdictional Objections | Claimants | 14 weeks from the due date of Memorial on Jurisdiction | 31 March 2021 |
| Requests for Production of Documents | Claimants and Respondent | 3 weeks from the due date of Counter-Memorial on Jurisdictional Objections | 21 April 2021 |
| Production of non-objected documents and Objections to Requests for Production of Documents | Claimants and Respondent | 3 weeks from the due date of Requests for Production of Documents | 12 May 2021 |
| Reply to Objections to Requests for Production | Claimants and Respondent | 2 weeks from the due date of Production of non-objected documents and Objections to Requests for Production of Documents | 26 May 2021 |
| Decision on Requests for Production of Documents | Tribunal | 3 weeks from the due date of Reply to Objections to Requests for Production | 16 June 2021 |
| Simultaneous Production of Documents Ordered by the Tribunal | Claimants and Respondent | 3 weeks from the due date of Decision on Requests for Production of Documents | 7 July 2021 |
| Reply on | Respondent | 4 weeks from the Production of Documents | 4 August 2021 |
[Page 3]
| Submission | Party | Time Limit | Due Date |
|---|---|---|---|
| Jurisdictional Objections | Ordered by the Tribunal | ||
| Rejoinder on Jurisdictional Objections | Claimants | 7 weeks from the due date of the Reply on Jurisdiction | 22 September 2021 |
| Non-disputing Party Submissions | Non-disputing Parties | 2 weeks from the due date of the Rejoinder on Jurisdiction | 6 October 2021 |
| Comments on Non-disputing Party Submissions | Claimants and Respondent | 2 weeks from the due date of the Non-disputing Parties Submissions | 20 October 2021 |
| Witness Notifications (if necessary) | Claimants and Respondent | 4 weeks from the due date of comments on the Non-disputing Parties Submissions | 17 November 2021 |
| Pre-Hearing Organizational Meeting (if necessary) | All | 3 weeks from the due date of Witness Notifications | 8 December 2021 |
| Hearing on Jurisdictional Objections (if necessary) | All | At least 8 weeks from the date of the Pre-Hearing Organizational Meeting | TBD |
| Tribunal’s Decision | Tribunal | TBD | TBD |