Case Details

Lion Mexico Consolidated L.P. v. United Mexican States (ICSID Case No. ARB(AF)/15/2)

Subject of Dispute:

Real estate project
Economic Sector:

Construction
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Lion Mexico Consolidated L.P. (Canadian)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

December 23, 2015
Date of Constitution of Tribunal:

July 27, 2016

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Secretary-General
Arbitrators:

David J. A. CAIRNS (British, New Zealand) - Appointed by the Claimant(s)
Laurence BOISSON DE CHAZOURNES (French, Swiss) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Secretary-General
Arbitrators:

David J. A. CAIRNS (British, New Zealand) - Appointed by the Claimant(s)
Ricardo RAMÍREZ HERNÁNDEZ (Mexican) - Appointed by the Respondent(s)
Reconstituted:

February 6, 2018: Laurence BOISSON DE CHAZOURNES (Swiss ,French) appointed following the resignation of Ricardo RAMÍREZ HERNÁNDEZ (Mexican)

Party Representatives

Claimant(s):

Mayer Brown, Chicago, IL, U.S.A. and Paris, France
Respondent(s):

Dirección General de Consultoría Jurídica de Negociaciones, Subsecretaría de Comercio Exterior, Secretaría de Economía, Mexico City, Mexico
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 20, 2021 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Decision on the Respondent’s Preliminary Objection under Article 45(6) of the ICSID Arbitration (Additional Facility) Rules

Decision on Bifurcation

Decision on the Non-Disputing Party’s Application

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Decision on Jurisdiction

Procedural Order No. 6

Procedural Order No. 7

Procedural Order No. 8

Procedural Order No. 9

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (October 14, 2016) English (Original); Spanish (Original)

Procedural Order No. 2 (November 24, 2016) English (Original); Spanish (Original)

Decision on the Respondent’s Preliminary Objection under Article 45(6) of the ICSID Arbitration (Additional Facility) Rules (December 12, 2016) English (Original); Spanish (Original)

Decision on Bifurcation (May 29, 2017) English (Original)

Decision on the Non-Disputing Party’s Application (May 23, 2017) English (Original)

Procedural Order No. 3 (June 30, 2017) English (Original); Spanish (Original)

Procedural Order No. 4 (January 23, 2018) English (Original); Spanish (Original)

Procedural Order No. 5 (March 2, 2018) English (Original); Spanish (Original)

Decision on Jurisdiction (July 30, 2018) English (Original)

Procedural Order No. 6 (September 3, 2018) English (Original)

Procedural Order No. 7 (October 11, 2018) English (Original)

Procedural Order No. 8 (January 3, 2019) English (Original)

Procedural Order No. 9 (June 26, 2019) English (Original)

Award of the Tribunal (September 20, 2021) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
December 23, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
March 15, 2016	Following appointment by the Claimant, David J.A. Cairns (British/New Zealand) accepts his appointment as arbitrator.
March 31, 2016	Following appointment by the Respondent, Vicente Corta Fernández (Mexican) accepts his appointment as arbitrator.
May 3, 2016	Vicente Corta Fernández withdraws his acceptance of the appointment of arbitrator.
May 13, 2016	Following appointment by the Respondent, Ricardo Ramírez Hernández (Mexican) accepts his appointment as arbitrator.
July 27, 2016	Following appointment by the Secretary-General, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
July 27, 2016	The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by the Secretary-General pursuant to the parties’ agreement; David J. A. Cairns (British/New Zealand), appointed by the Claimant; and Ricardo Ramírez Hernández (Mexican), appointed by the Respondent.
August 24, 2016	The Respondent files preliminary objections pursuant to Article 45(6) of the ICSID Arbitration (Additional Facilities) Rules.
September 26, 2016	The Tribunal holds a first session by telephone conference.
September 26, 2016	The Claimant files a response to the Respondent’s preliminary objections pursuant to Article 45(6) of the ICSID Arbitration (Additional Facilities) Rules.
October 13, 2016	The Respondent files a reply to the Claimant’s observations on the Respondent’s preliminary objections pursuant to Article 45(6) of the ICSID Arbitration (Additional Facilities) Rules.
October 14, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 31, 2016	The Claimant files a rejoinder to the Respondent’s preliminary objections pursuant to Article 45(6) of the ICSID Arbitration (Additional Facilities) Rules.
November 24, 2016	The Tribunal issues Procedural Order No. 2 concerning the place of arbitration.
December 12, 2016	The Tribunal issues a decision on the Respondent’s preliminary objection pursuant to Article 45(6) of the ICSID Arbitration (Additional Facilities) Rules.
March 13, 2017	The Claimant files a memorial on the merits.
April 4, 2017	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 20, 2017	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
May 4, 2017	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
May 17, 2017	Each party files observations on the non-disputing party’s application.
May 23, 2017	The Tribunal issues a decision on the non-disputing party’s application to file a written submission pursuant to Article 41(3) of the ICSID Arbitration (Additional Facility) Rules.
May 30, 2017	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question, as a result, the proceeding on the merits is suspended.
June 30, 2017	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
August 29, 2017	The Respondent files a memorial on jurisdiction.
October 30, 2017	The Claimant files a counter-memorial on jurisdiction.
December 7, 2017	The Respondent files a reply on jurisdiction.
January 19, 2018	The Claimant files a rejoinder on jurisdiction.
January 22, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
January 23, 2018	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing on jurisdiction.
January 26, 2018	The Tribunal consents to the resignation of arbitrator Ricardo Ramírez Hernández pursuant to Article 14(3) of the ICSID Arbitration Rules and the proceeding is suspended pursuant to Article 16(2) of the ICSID Arbitration (AF) Rules.
February 6, 2018	Following the appointment by the Respondent, Lauren Boisson de Chazournes (French/Swiss) accepts her appointment as arbitrator.
February 6, 2018	The Tribunal is reconstituted. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by the Secretary-General pursuant to the parties’ agreement ; David J.A. Cairns (British/ New Zealand), appointed by the Claimant; and Laurence Boisson de Chazournes (French/ Swiss), appointed by the Respondent. The proceeding is resumed pursuant to Article 18 of the Arbitration (Additional Facility) Rules.
March 2, 2018	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing on jurisdiction.
March 22, 2018 - March 23, 2018	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
April 23, 2018	Each party files a statement of costs.
July 30, 2018	The Tribunal issues a decision on jurisdiction.
August 20, 2018	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
September 3, 2018	The Tribunal issues Procedural Order No. 6 concerning production of documents.
October 11, 2018	The Tribunal issues Procedural Order No. 7 concerning the confidentiality of documents.
October 26, 2018	The Respondent files a counter-memorial on the merits.
January 3, 2019	The Tribunal issues Procedural Order No. 8 concerning production of documents.
February 21, 2019	The Claimant files a reply on the merits.
June 3, 2019	The Respondent files a rejoinder on the merits.
June 21, 2019	The Government of Canada files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
June 21, 2019	The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
June 24, 2019	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
June 26, 2019	The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing on the merits.
July 15, 2019	The Claimant files a request for the Tribunal to decide on the admissibility of a new document.
July 22, 2019 - July 24, 2019	The Tribunal holds a hearing on the merits in Washington, D.C.
October 1, 2019	Each party files a post-hearing brief.
October 22, 2019	Each party files a statement of costs.
July 19, 2021	The Tribunal declares the proceeding closed in accordance with Article 44(1) of the ICSID Arbitration (Additional Facility) Rules.
September 20, 2021	The Tribunal renders its award.