INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Access Business Group LLC
Claimant
v.
United Mexican States
Respondent
(ICSID Case No. ARB/23/15)
Members of the Tribunal
Prof. Gabrielle Kaufmann-Kohler, President of the Tribunal
Prof. Franco Ferrari, Arbitrator
Ms. Loretta Malintoppi, Arbitrator
Secretary of the Tribunal
Mr. Francisco Abriani
Assistant to the Tribunal
Dr. David Khachvani
16 April 2025
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1.1. Pursuant to Procedural Order No. 4, the hearing on preliminary objections took place online on 14 and 15 April 2025 (the “Hearing”). The hearing was transcribed and the transcripts were made available to the Parties and the Tribunal.
1.2. At the conclusion of the Hearing, the Parties and the Tribunal discussed post-hearing steps. On this basis, the Tribunal issues the present Order.
2.1. The Parties shall confer with respect to any corrections to the transcripts of the Hearing and submit their, preferably agreed, corrections by 6 May 2025. The agreed corrections will be entered in the transcript by the court reporter.
2.2. The Tribunal will decide upon any disagreement between the Parties and any corrections adopted by the Tribunal shall be entered in the revised transcripts by the court reporter.
3.1. The Parties shall file simultaneous post-hearing briefs (“PHB(s)”) by 27 May 2025.
3.2. The PHBs may expand on the answers given to the questions posed by the Tribunal at the Hearing and comment on the evidence gathered at the Hearing, placing it in the context of the Parties’ respective cases.
3.3. The PHBs shall not each exceed 12,000 words in English or 14,400 words in Spanish, excluding the title page, the table of contents, the table of abbreviations, and the footnotes, provided the latter contain references only.
3.4. The PHBs shall not be accompanied by any new factual or legal evidence, except with prior leave from the Tribunal.
4.1. The Parties shall file simultaneous costs statements by 10 June 2025.
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4.2. The cost statements shall list the costs incurred by category and shall not contain arguments on the allocation of costs.
4.3. The cost statements need not be accompanied by supporting documentation, unless the Tribunal requires such documentation upon request of the opposing party to be filed by 17 June 2025, or ex officio.
On behalf of the Tribunal
Signature
Prof. Gabrielle Kaufmann-Kohler
President of the Tribunal
Date: 16 April 2025