Case Details

Apotex Holdings Inc. and Apotex Inc. v. United States of America (ICSID Case No. ARB(AF)/12/1)

Subject of Dispute:

Pharmaceutical enterprise
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):

Apotex Holdings Inc. (Canadian), Apotex Inc. (Canadian)
Respondent(s):

United States of America (U.S.)
Date Registered:

March 16, 2012
Date of Constitution of Tribunal:

June 11, 2012

Composition of Tribunal

President:

V.V. VEEDER (British) - Appointed by the Parties
Arbitrators:

J. William ROWLEY (British, Canadian) - Appointed by the Claimant(s)
John R. CROOK (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Dentons, Paris, France and New York, NY, U.S.A.
Respondent(s):

United States Department of State, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 25, 2014 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Confidentiality Agreement and Order

Procedural Order Concerning the Procedural Calendar

Procedural Order Concerning the Place of Arbitration

First Procedural Order (discussed on July 24, 2012 and finalized on November 29, 2012)

Procedural Order Concerning the Respondent's Request to Address the Objections to Jurisdiction as a Preliminary Question

Procedural Order on the Participation of Applicant Mr. Barry Appleton as a Non-Disputing Party

Procedural Order on the Participation of Applicant BNM as a Non-Disputing Party

Procedural Order Concerning Production of Documents

Procedural Order Concerning the Procedural Calendar

Procedural Order Concerning Production of Documents

Amended Confidentiality Agreement and Order

Award of the Tribunal

Procedural Order regarding the schedule of the proceeding - English (Original) (October 29, 2012)

Available on the ICSID Website

Confidentiality Agreement and Order (July 24, 2012) English (Original)

Procedural Order Concerning the Procedural Calendar (October 29, 2012) English (Original)

Procedural Order Concerning the Place of Arbitration (November 6, 2012) English (Original)

First Procedural Order (discussed on July 24, 2012 and finalized on November 29, 2012) (November 29, 2012) English (Original)

Procedural Order Concerning the Respondent's Request to Address the Objections to Jurisdiction as a Preliminary Question (January 25, 2013) English (Original)

Procedural Order on the Participation of Applicant Mr. Barry Appleton as a Non-Disputing Party (March 4, 2013) English (Original)

Procedural Order on the Participation of Applicant BNM as a Non-Disputing Party (March 4, 2013) English (Original)

Procedural Order Concerning Production of Documents (March 29, 2013) English (Original)

Procedural Order Concerning the Procedural Calendar (May 14, 2013) English (Original)

Procedural Order Concerning Production of Documents (July 5, 2013) English (Original)

Amended Confidentiality Agreement and Order (October 24, 2013) English (Original)

Award of the Tribunal (August 25, 2014) English (Original)

(a) Original Proceeding

Date	Development
March 16, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
March 22, 2012	Following appointment by the Claimants, J. William Rowley (Canadian/British) accepts his appointment as arbitrator.
May 18, 2012	Following appointment by the Respondent, John R. Crook (U.S.) accepts his appointment as arbitrator.
June 9, 2012	Following appointment by the parties, V.V. Veeder (British) accepts his appointment as presiding arbitrator.
June 11, 2012	The Tribunal is constituted in accordance with Article 6(3) of the Arbitration (Additional Facility) Rules. Its members are: V.V. Veeder (British), President, appointed by agreement of the parties; J. William Rowley (Canadian), appointed by the Claimants; and John R. Crook (U.S.), appointed by the Respondent.
July 24, 2012	The Tribunal holds a first session in Washington, D.C.
July 30, 2012	The Claimants file a memorial on the merits.
August 24, 2012	The Claimants file a written submission concerning the place of arbitration.
August 31, 2012	The Respondent files a written submission concerning the place of arbitration.
September 17, 2012	The Claimants file observations on the Respondent's submission of August 31, 2012.
September 21, 2012	The Respondent files a request to amend the procedural calendar for the objections to jurisdiction.
September 26, 2012	The Respondent files a response to the Claimants' observations of September 17, 2012.
October 2, 2012	The Tribunal issues a procedural order concerning the place of arbitration.
October 5, 2012	The Claimants file observations on the Respondent's request of September 21, 2012.
October 10, 2012	The Claimants file further observations on the Respondent's response of September 26, 2012.
October 19, 2012	The Respondent files further observations on the Claimants' observations of October 5, 2012.
October 25, 2012	The Claimants file a response to the Respondent's further observations of October 19, 2012.
October 26, 2012	The Respondent files further observations on the Claimants' response of October 10, 2012.
October 29, 2012	The Tribunal issues a procedural order concerning the procedural calendar.
November 6, 2012	The Tribunal decides on the place of arbitration.
November 29, 2012	The Tribunal issues a procedural order concerning procedural matters.
December 14, 2012	The Respondent files a counter-memorial on the merits, including objections to jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
December 28, 2012	The Claimants file observations on the Respondent's request to address the objections to jurisdiction as a preliminary question.
January 10, 2013	The Respondent files a response to the Claimants’ observations of December 28, 2012.
January 16, 2013	The Claimants file observations on the Respondent's response of January 10, 2013.
January 25, 2013	The Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
February 7, 2013	A non-disputing party files an application to file a written submission pursuant to the Free Trade Commission on non-disputing party participation.
February 8, 2013	A non-disputing party files an application to file a written submission pursuant to the Statement of the Free Trade Commission on non-disputing party participation.
February 9, 2013	The United Mexican States file a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
February 15, 2013	Each party files observations on the non-disputing parties’ applications.
March 1, 2013	The Tribunal decides on the non-disputing parties' applications of February 7 and 8, 2013 in summary form.
March 4, 2013	The Tribunal issues a procedural order concerning the non-disputing party's application of February 7, 2013, and a procedural order concerning the non-disputing party's application of February 8, 2013.
March 15, 2013	Following exchanges between the parties, the Claimants and the Respondent file requests for the Tribunal to decide on production of documents.
March 20, 2013	The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents.
March 22, 2013 - March 24, 2013	The Claimants file a response to the Respondent’s observations of March 20, 2013.
March 29, 2013	The Tribunal issues a procedural order concerning production of documents.
May 14, 2013	The Tribunal issues a procedural order concerning the procedural calendar.
May 24, 2013	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
June 11, 2013	Following exchanges between the parties, the Claimants and the Respondent file requests for the Tribunal to decide on production of documents.
July 5, 2013	The Tribunal issues a procedural order concerning production of documents.
July 22, 2013	The Claimants file a supplement to their reply of May 24, 2013.
September 27, 2013	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
October 18, 2013	The Claimants file a rejoinder on jurisdiction.
October 30, 2013	The Tribunal issues an amended agreement and order concerning the confidentiality of information.
October 31, 2013	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
November 18, 2013 - November 26, 2013	The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
August 25, 2014	The Tribunal renders its award.