Case Details

Archer Daniels Midland Company and Tate & Lyle Ingredients Americas, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/5)

Claimant(s)/Nationality(ies):

Archer Daniels Midland Company (U.S.), Tate & Lyle Ingredients Americas, Inc. (U.S.)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

September 29, 2004
Date of Constitution of Tribunal:

August 11, 2005

President:

Bernardo M. CREMADES (Spanish) - Appointed by the Parties
Arbitrators:

Arthur W. ROVINE (U.S.) - Appointed by the Parties
Eduardo SIQUEIROS T (Mexican) - Appointed by the Parties

Claimant(s):

Akin Gump Strauss Hauer & Feld, Washington, D.C., U.S.A.
Sidley Austin Brown & Wood, Washington, D.C., U.S.A.
Respondent(s):

Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Secretaría de Economía, Mexico City, Mexico
Thomas & Partners, Vancouver, Canada
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 21, 2007 - The Tribunal renders its award, to which a separate opinion is attached.

President:

Bernardo M. CREMADES (Spanish) - Appointed by the Parties
Arbitrators:

Arthur W. ROVINE (U.S.) - Appointed by the Parties
Eduardo SIQUEIROS T (Mexican) - Appointed by the Parties

Claimant(s):

Akin Gump Strauss Hauer & Feld, Washington, D.C., U.S.A.
Sidley Austin Brown & Wood, Washington, D.C., U.S.A.
Respondent(s):

Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Secretaría de Economía, Mexico City, Mexico
Thomas & Partners, Vancouver, Canada
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 20, 2005 - The Consolidation Tribunal issues an order on the question of consolidation.

Claimant(s):

Akin Gump Strauss Hauer & Feld, Washington, D.C., U.S.A.
Sidley Austin Brown & Wood, Washington, D.C., U.S.A.
Respondent(s):

Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Secretaría de Economía, Mexico City, Mexico
Thomas & Partners, Vancouver, Canada
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 10, 2008 - The Tribunal issues a decision on the parties' requests for a supplementary decision, interpretation and correction of the award.

Introductory Note

Order of the Consolidation Tribunal

Order of the Consolidation Tribunal (May 20, 2005) English (Original); Spanish (Original)

Award (redacted version)

Concurring Opinion (Attached to the Award)

Award (redacted version) (November 21, 2007) English (Original); Spanish (Original)

Concurring Opinion (Attached to the Award) (November 21, 2007) English (Original); Spanish (Original)

Date	Development
September 29, 2004	The Secretary-General registers a request for the institution of arbitration proceedings.
August 11, 2005	The Tribunal is constituted. Its members are: Bernardo M. Cremades (Spanish), President; Arthur W. Rovine (U.S.); and Eduardo Siqueiros (Mexican).
October 7, 2005	The Tribunal holds its first session in Washington, D.C.
December 21, 2005	The Claimants file a memorial on the merits.
May 16, 2006	The Respondent files a counter-memorial on the merits.
July 10, 2006	The Claimants file a reply on the merits.
July 21, 2006	The Tribunal issues a procedural order concerning confidentiality.
September 1, 2006	The Respondent files a rejoinder on the merits.
September 22, 2006	The Tribunal issues a procedural order concerning the conduct of the hearing.
March 19, 2007 - March 24, 2007	The Tribunal holds a hearing on the merits in Washington, D.C.
September 20, 2007	The Tribunal declares the proceeding closed.
November 21, 2007	The Tribunal renders its award, to which a separate opinion is attached.

Date	Development
September 8, 2004	The Respondent files a request for consolidation pursuant to NAFTA Article 1126.
February 24, 2005	A Consolidation Tribunal is established in accordance with NAFTA Article 1126. Its members are: Bernardo M. Cremades (Spanish), President; Arthur W. Rovine (U.S.); and Eduardo Siqueiros (Mexican).
April 11, 2005	The parties file their submissions on the Respondent's request for consolidation.
April 18, 2005	The Consolidation Tribunal holds a hearing on the question of consolidation in Washington, D.C.
May 20, 2005	The Consolidation Tribunal issues an order on the question of consolidation.

Date	Development
January 7, 2008	The Respondent requests the correction of the award.
January 7, 2008	The Claimants file a request for a supplementary decision and interpretation of the award.
January 8, 2008	The Tribunal issues a rectification of its award on its own initiative.
January 10, 2008	The Tribunal sets forth the procedure to be followed in regard to the request for interpretation and a supplementary decision.
February 11, 2008	The Claimants file a submission on the request for a supplementary decision.
March 25, 2008	The Respondent files a reply to the Claimants’ submission of February 11, 2008.
April 1, 2008	The Claimants file a submission on costs.
April 3, 2008	The Respondent files a submission on costs.
April 7, 2008	The Claimants file a response to the Respondent’s reply of March 25, 2008.
April 21, 2008	The Respondent files a rejoinder to the Claimants’ response.
July 10, 2008	The Tribunal issues a decision on the parties' requests for a supplementary decision, interpretation and correction of the award.