Case Details

B-Mex, LLC and others v. United Mexican States (ICSID Case No. ARB(AF)/16/3)

Subject of Dispute:

Gaming industry
Economic Sector:

Other Industry
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

B-Mex, LLC (U.S.), Neil Ayervais (U.S.), Randall Taylor (U.S.), John Conley (U.S.), Deana Anthone (U.S.), Erin J. Burr (U.S.), Douglas Black (U.S.), Howard Burns (U.S.), David Figueiredo (U.S.), Gordon G. Burr (U.S.), Mark Burr (U.S.)
See attached full list of Claimants
Respondent(s):

United Mexican States (Mexican)
Date Registered:

August 11, 2016
Date of Constitution of Tribunal:

February 14, 2017

Composition of Tribunal

President:

Gaëtan VERHOOSEL (Belgian, British) - Appointed by the Secretary-General
Arbitrators:

Gary B. BORN (U.S.) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Quinn Emanuel Urquhart & Sullivan, Washington, D.C., U.S.A.
Randall Taylor, Denver, CO, U.S.A.
Respondent(s):

Subsecretaría de Comercio Exterior, Dirección General de Consultoría Jurídica de Comercio Internacional, Secretaría de Economía, Ciudad de México, México
Tereposky & DeRose, Ontario, Canada
Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 21, 2024 - The Tribunal renders its award; attached to the award is a partial dissent by arbitrator Raúl E. Vinuesa.

(a) Original Proceeding

Published Decisions

Notice of Intent to Submit a Claim to Arbitration

Request for Arbitration

Procedural Order No. 1

Memorial on Jurisdictional Objections

Counter-Memorial on Jurisdictional Objections

Reply on Jurisdictional Objections

Rejoinder on Jurisdictional Objections

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Claimants' Post-Hearing Brief

Respondent's Post‐Hearing Brief

Procedural Order No. 7

Partial Award

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10

Annex I to Procedural Order No. 10

Annex II-A to Procedural Order No. 10

Annex II-B to Procedural Order No. 10

Procedural Order No. 11

Claimant’s Memorial on the Merits

Respondent’s Counter-Memorial on the Merits

Procedural Order No. 12

Annex A to Procedural Order No. 12

Procedural Order No. 13

Annex A to Procedural Order No. 13

Annex B to Procedural Order No. 13

Annex C to Procedural Order No. 13

Procedural Order No. 14

Annex A to Procedural Order No. 14

Procedural Order No. 15

Procedural Order No. 15 - Annex A

Procedural Order No. 16

Procedural Order No. 16 - Annex (Second Privilege Log)

Procedural Order No. 17

Procedural Order No. 17 - Annex A

Procedural Order No. 18

Procedural Order No. 19

Annex to Procedural Order No. 19

Reply on the Merits (submitted by 37 Claimants represented by law firm Quinn Emanuel Urquhart & Sullivan)

Reply on the Merits (submitted by Claimant Randall Taylor)

Respondent’s Rejoinder on the Merits

Procedural Order No. 20

Procedural Order No. 21

Procedural Order No. 22

Procedural Order No. 23

Procedural Order No. 23 - Annex A

Final Award

Available on the ICSID Website

Notice of Intent to Submit a Claim to Arbitration (June 15, 2016) English (Original)

Request for Arbitration (June 15, 2016) English (Original)

Procedural Order No. 1 (April 4, 2017) English (Original); Spanish (Original)

Memorial on Jurisdictional Objections (May 30, 2017) English (Original); Spanish (Original)

Counter-Memorial on Jurisdictional Objections (July 25, 2017) English (Original); Spanish (Original)

Reply on Jurisdictional Objections (December 1, 2017) English (Original)

Rejoinder on Jurisdictional Objections (January 8, 2018) English (Original); Spanish (Original)

Procedural Order No. 2 (February 1, 2018) English (Original); Spanish (Original)

Procedural Order No. 3 (May 9, 2018) English (Original); Spanish (Original)

Procedural Order No. 4 (May 29, 2018) English (Original); Spanish (Original)

Procedural Order No. 5 (June 4, 2018) English (Original); Spanish (Original)

Procedural Order No. 6 (July 24, 2018) English (Original); Spanish (Original)

Claimants' Post-Hearing Brief (August 17, 2018) English (Original); Spanish (Original)

Respondent's Post‐Hearing Brief (August 17, 2018) English (Original); Spanish (Original)

Procedural Order No. 7 (November 23, 2018) English (Original); Spanish (Original)

Partial Award (July 19, 2019) English (Original); Spanish (Original)

Procedural Order No. 8 (October 2, 2019) English (Original); Spanish (Original)

Procedural Order No. 9 (February 7, 2021) English (Original); Spanish (Original)

Procedural Order No. 10 (March 26, 2021) English (Original); Spanish (Original)

Annex I to Procedural Order No. 10 (March 26, 2021) English (Original)

Annex II-A to Procedural Order No. 10 (March 26, 2021) English (Original)

Annex II-B to Procedural Order No. 10 (March 26, 2021) English (Original)

Procedural Order No. 11 (April 5, 2021) English (Original); Spanish (Original)

Claimant’s Memorial on the Merits (April 21, 2020) English (Original); Spanish (Original)

Respondent’s Counter-Memorial on the Merits (December 4, 2020) English (Original); Spanish (Original)

Procedural Order No. 12 (May 26, 2021) English (Original); Spanish (Original)

Annex A to Procedural Order No. 12 (May 26, 2021) English (Original)

Procedural Order No. 13 (May 28, 2021) English (Original); Spanish (Original)

Annex A to Procedural Order No. 13 (May 28, 2021) English (Original)

Annex B to Procedural Order No. 13 (May 28, 2021) English (Original)

Annex C to Procedural Order No. 13 (May 28, 2021) English (Original); Spanish (Original)

Procedural Order No. 14 (June 10, 2021) English (Original); Spanish (Original)

Annex A to Procedural Order No. 14 (June 10, 2021) English (Original); Spanish (Original)

Procedural Order No. 15 (July 7, 2021) English (Original); Spanish (Original)

Procedural Order No. 15 - Annex A (July 7, 2021) English (Original); Spanish (Original)

Procedural Order No. 16 (September 15, 2021) English (Original); Spanish (Original)

Procedural Order No. 16 - Annex (Second Privilege Log) (September 15, 2021) English (Original)

Procedural Order No. 17 (November 9, 2021) English (Original); Spanish (Original)

Procedural Order No. 17 - Annex A (November 9, 2021) English (Original); Spanish (Original)

Procedural Order No. 18 (November 16, 2021) English (Original); Spanish (Original)

Procedural Order No. 19 (January 7, 2022) English (Original); Spanish (Original)

Annex to Procedural Order No. 19 (January 7, 2022) English (Original); Spanish (Original)

Reply on the Merits (submitted by 37 Claimants represented by law firm Quinn Emanuel Urquhart & Sullivan) (December 6, 2021) English (Original); Spanish (Original)

Reply on the Merits (submitted by Claimant Randall Taylor) (December 6, 2021) English (Original); Spanish (Original)

Respondent’s Rejoinder on the Merits (May 23, 2022) English (Original); Spanish (Original)

Procedural Order No. 20 (June 7, 2022) English (Original); Spanish (Original)

Procedural Order No. 21 (June 17, 2022) English (Original)

Procedural Order No. 22 (June 17, 2022) English (Original); Spanish (Original)

Procedural Order No. 23 (August 29, 2022) English (Original); Spanish (Original)

Procedural Order No. 23 - Annex A (August 29, 2022) English (Original); Spanish (Original)

Final Award (June 21, 2024) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
August 11, 2016	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
September 14, 2016	Following appointment by the Claimants, Gary Born (U.S.) accepts his appointment as arbitrator.
October 4, 2016	Following appointment by the Respondent, Raúl E. Vinuesa (Argentine/Spanish) accepts his appointment as arbitrator.
February 14, 2017	Following appointment by the Secretary-General, Gaëtan Verhoosel (Belgian), accepts his appointment as presiding arbitrator.
February 14, 2017	The Tribunal is constituted in accordance with Article 13(1) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Gaëtan Verhoosel (Belgian), President, appointed by the Secretary-General; Gary Born (U.S.), appointed by the Claimants, and Raúl E. Vinuesa (Argentine/Spanish), appointed by the Respondent.
March 28, 2017	The Tribunal holds a first session by telephone conference.
April 4, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 30, 2017	The Respondent files a memorial on jurisdictional objections.
July 25, 2017	The Claimants file a counter-memorial on jurisdictional objections.
September 19, 2017	The Claimants file a request for the Tribunal to decide on production of documents.
September 19, 2017	The Respondent files a request for the Tribunal to decide on production of documents.
October 6, 2017	The Tribunal issues a decision on production of documents.
December 1, 2017	The Respondent files a reply on jurisdictional objections.
January 8, 2018	The Claimants file a rejoinder on jurisdictional objections.
February 1, 2018	The Tribunal issues Procedural Order No. 2 concerning production of documents.
February 28, 2018	The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
February 28, 2018	The Government of Canada files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
May 9, 2018	The Tribunal issues Procedural Order No. 3 concerning the hearing on jurisdiction.
May 21, 2018 - May 25, 2018	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
May 29, 2018	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
June 4, 2018	The Tribunal issues Procedural Order No. 5 concerning post-hearing briefs.
July 24, 2018	The Tribunal issues Procedural Order No. 6 inviting non-disputing parties to file written submissions pursuant to NAFTA Article 1128.
August 17, 2018	Each party files a post-hearing brief.
August 17, 2018	The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
August 17, 2018	The Government of Canada files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
October 1, 2018	Each party files a statement of costs.
November 23, 2018	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
December 21, 2018	Each party files written comments pursuant to the Tribunal’s Procedural Order No. 7.
December 21, 2018	The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
July 19, 2019	The Tribunal renders a partial award; attached to the partial award is a dissenting opinion by arbitrator Raúl Vinuesa.
October 2, 2019	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
April 21, 2020	The Claimants file a memorial on the merits.
December 4, 2020	The Respondent files a counter-memorial on the merits.
February 7, 2021	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
February 26, 2021	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
March 26, 2021	The Tribunal issues Procedural Order No. 10 concerning production of documents.
April 5, 2021	The Tribunal issues Procedural Order No. 11 on procedural matters.
May 26, 2021	The Tribunal issues Procedural Order No. 12 concerning the Respondent’s privilege log.
May 28, 2021	The Tribunal issues Procedural Order No. 13 concerning the Claimants’ privilege log and the appointment of a privilege expert.
June 10, 2021	The Tribunal issues Procedural Order No. 14 on procedural matters.
June 17, 2021	The parties confirm the appointment of a privilege expert.
July 7, 2021	The Tribunal issues Procedural Order No. 15 concerning the procedural timetable.
September 15, 2021	The Tribunal issues Procedural Order No. 16 concerning the Claimants’ second privilege log.
November 9, 2021	The Tribunal issues Procedural Order No. 17 concerning outstanding privilege claims in Claimants’ first privilege log.
November 16, 2021	The Tribunal issues Procedural Order No. 18 concerning the procedural timetable.
December 6, 2021	The Claimants file a reply on the merits.
January 7, 2022	The Tribunal issues Procedural Order No. 19 concerning the Claimants’ second privilege log.
May 23, 2022	The Respondent files a rejoinder on the merits.
June 7, 2022	The Tribunal issues Procedural Order No. 20 on the organization of the hearing.
June 13, 2022	The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
June 13, 2022	The Government of Canada files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
June 14, 2022	The Tribunal holds a pre-hearing conference with the parties by video conference.
June 17, 2022	The Tribunal issues Procedural Order No. 22 concerning procedural matters.
June 17, 2022	The Tribunal issues Procedural Order No. 21 concerning the organization of the hearing.
June 24, 2022	Each party files observations on the non-disputing parties’ submissions of June 13, 2022.
July 5, 2022 - July 14, 2022	The Tribunal holds a hearing on the merits in Washington, D.C.
August 29, 2022	The Tribunal issues Procedural Order No. 23 concerning post-hearing briefs.
November 14, 2022	Each party files a post-hearing brief.
February 10, 2023	Each party files a submission on costs.
May 29, 2024	The Tribunal declares the proceeding closed in accordance with Article 44(1) of the Arbitration (Additional Facility) Rules.
June 21, 2024	The Tribunal renders its award; attached to the award is a partial dissent by arbitrator Raúl E. Vinuesa.