Case Details

Vento Motorcycles, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/17/3)

Subject of Dispute:

Transportation industry
Economic Sector:

Services & Trade
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Vento Motorcycles, Inc. (U.S.)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

September 15, 2017
Date of Constitution of Tribunal:

January 19, 2018

Composition of Tribunal

President:

Andrés RIGO SUREDA (Spanish) - Appointed by the Parties
Arbitrators:

David A. GANTZ (U.S.) - Appointed by the Claimant(s)
Hugo PEREZCANO DIAZ (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Aguilar y Loera, S.C. Mexico City, Mexico
Todd Weiler, Ontario, Canada
Crowell & Moring, Washington, D.C., U.S.A.
Respondent(s):

Subsecretaría de Comercio Exterior, Dirección General de Consultoría de Comercio Internacional, Secretaría de Economía, Mexico City, Mexico
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:

July 6, 2020 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

(a) Original Proceeding

Date	Development
September 15, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
November 10, 2017	Following appointment by the Claimant, David Gantz (U.S.) accepts his appointment as arbitrator.
December 5, 2017	Following appointment by the Respondent, Hugo Perezcano Díaz (Mexican) accepts his appointment as arbitrator.
January 19, 2018	Following appointment by the parties, Andres Rigo Sureda accepts his appointment as presiding arbitrator.
January 19, 2018	The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Andres Rigo Sureda (Spanish), President, appointed by agreement of the parties; David Gantz (U.S.), appointed by the Claimant; and Hugo Perezcano Díaz (Mexican), appointed by the Respondent.
March 12, 2018	The Tribunal holds a first session by telephone conference.
April 2, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 1, 2018	The Tribunal issues a decision on confidentiality, transparency, and publication of documents.
June 15, 2018	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 9, 2018	The Tribunal issues Procedural Order No. 3 concerning production of documents.
July 23, 2018	The Claimant files a memorial on the merits.
October 1, 2018	The Tribunal issues Procedural Order No. 4 concerning production of documents.
November 12, 2018	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
January 25, 2019	The Tribunal issues Procedural Order No. 5 concerning production of documents.
March 14, 2019	The Claimant files a reply on the merits and counter-memorial on jurisdiction.
May 17, 2019	The Tribunal issues Procedural Order No. 6 concerning production of documents.
October 2, 2019	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
October 2, 2019	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
August 2, 2019	The Respondent files a rejoinder on the merits and reply on jurisdiction.
August 23, 2019	The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
August 23, 2019	The Government of Canada files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
September 6, 2019	Each party files observations on the non-disputing Parties’ submissions.
October 7, 2019	The Claimant files amended observations on the non-disputing Parties’ submissions.
October 9, 2019	The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing.
November 18, 2019 - November 22, 2019	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
February 12, 2020	Each party files a post-hearing brief.
March 13, 2020	Each party files a statement of costs.
June 5, 2020	The Tribunal declares the proceeding closed in accordance with Article 44 of the ICSID Arbitration (Additional Facility) Rules.
July 6, 2020	The Tribunal renders its award.