The Acting Secretary-General registers a request for the institution of arbitration proceedings. 

Following appointment by the Claimant, Elliot Polebaum (U.S.) accepts his appointment as arbitrator.

Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.

The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.

Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Ricardo Ramírez Hernández (Mexican) accepts his appointment as presiding arbitrator.

The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention.  Its members are Ricardo Ramírez Hernández (Mexican), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Elliot Polebaum (U.S.), appointed by the Claimant; and Zachary Douglas (Australian), appointed by the Respondent.

The Tribunal holds a first session by telephone conference.

The Tribunal holds a procedural meeting with the parties by telephone conference.

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

The Claimant files a memorial on the merits.

The Respondent files a request to address the objections to jurisdiction as a preliminary question.

The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.

The Tribunal communicates the reasoning for its September 9, 2020 decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question; attached to the decision is a dissenting opinion by arbitrator Zachary Douglas.

The Respondent files a counter-memorial on the merits and a memorial on jurisdiction and a counter-claim.

The Tribunal issues Procedural Order No. 2 concerning the procedural calendar for production of documents.

Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.

The Tribunal issues Procedural Order No. 3 concerning production of documents.

The Claimant files a reply on the merits and a counter-memorial on jurisdiction and counter-claim.  

The Respondent files a rejoinder on the merits and a reply on jurisdiction and counter-claim.  

The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.

The Claimant files observations on the Respondent’s request of November 24, 2021.

The Respondent files a response to the Claimant’s observations of November 29, 2021.

The Claimant files further observations on the Respondent’s response of December 3, 2021.

The Claimant files a rejoinder on jurisdiction and counter-claim.

The Tribunal issues Procedural Order No. 4 concerning the admissibility of new evidence.

Following the resignation of arbitrator Zachary Douglas, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).

Following the resignation of Zachary Douglas, Howard Mann (Canadian) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1).

The Tribunal is reconstituted. Its members are: Ricardo Ramírez Hernández (Mexican), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Elliot Polebaum (U.S.), appointed by the Claimant; and Howard Mann (Canadian), appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.

The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.

The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.

The Tribunal holds a hearing on jurisdiction, merits and counter-claim in person in Paris and by video conference.  

Each party files a post-hearing brief.

The Claimant files a reply post-hearing brief.

The Respondent files a reply post-hearing brief.

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

Each party files a submission on costs.

The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Howard Mann, and a concurring statement by arbitrator Elliot Polebaum.