Case Details
Legacy Vulcan, LLC v. United Mexican States (ICSID Case No. ARB/19/1)
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Limestone extraction and exportation
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Oil, Gas & Mining
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NAFTA (North American Free Trade Agreement)
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ICSID Convention - Arbitration Rules
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Legacy Vulcan, LLC (U.S.)
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United Mexican States (Mexican)
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January 3, 2019
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September 20, 2019
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Albert Jan VAN DEN BERG (Dutch) - Appointed by the Parties
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Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Sergio PUIG (Mexican, U.S.) - Appointed by the Respondent(s) -
Covington & Burling, Washington, D.C., U.S.A.
Creel, García-Cuéllar, Aiza y Enríquez, S.C., Mexico City, Mexico -
Subsecretaría de Comercio Exterior, Dirección General de Consultoría Jurídica de Comercio Internacional, Secretaría de Economía, Ciudad de México, México
Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Tereposky & DeRose, Ontario, Canada -
English,Spanish
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Pending
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May 18, 2023 - The Tribunal holds a case management conference with the parties by videoconference.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 1
Procedural Order No. 2
Procedural Order No. 3
Revised Procedural Calendar
Revised Procedural Calendar
Procedural Oder No. 4
Request for Arbitration
Claimant’s Memorial
Memorial de Contestación
Claimant's Reply
Procedural Order No. 5
Procedural Order No. 6
Submission of the United States of America
Non-Disputing Party Submission of the Government of Canada pursuant to NAFTA Aart
Dúplica (Rejoinder)
Claimant's Post-hearing Brief
Respondent’s Post-hearing Brief
Claimant's Post-hearing Reply
Respondent’s Post-hearing Reply
Procedural Order No. 7
Dissenting Opinion to Procedural Order No. 7 by Prof. Puig
Procedural Calendar for Ancillary Claim
Claimant’s Memorial on the Ancillary Claim
Respondent’s Counter-Memorial on the Ancillary Claim
Claimant’s Reply on the Ancillary Claim
Revised Procedural Calendar for Ancillary Claim
Available on the ICSID Website
Procedural Order No. 1 (November 26, 2019) English (Original)
Procedural Order No. 2 (July 30, 2020) English (Original)
Procedural Order No. 3 (July 30, 2020) English (Original)
Revised Procedural Calendar (July 2, 2020) English (Original)
Revised Procedural Calendar (October 20, 2020) English (Original)
Procedural Oder No. 4 (January 8, 2021) English (Original)
Request for Arbitration (December 3, 2018) English (Original)
Claimant’s Memorial (May 18, 2020) English (Original)
Memorial de Contestación (November 23, 2020) Spanish (Original)
Claimant's Reply (February 22, 2021) English (Original)
Procedural Order No. 5 (June 3, 2021) English (Original)
Procedural Order No. 6 (June 4, 2021) English (Original)
Submission of the United States of America (June 7, 2021) English (Original)
Non-Disputing Party Submission of the Government of Canada pursuant to NAFTA Aart (June 7, 2021) English (Original)
Dúplica (Rejoinder) (May 24, 2021) Spanish (Original)
Claimant's Post-hearing Brief (November 17, 2021) English (Original)
Respondent’s Post-hearing Brief (November 17, 2021) Spanish (Original)
Claimant's Post-hearing Reply (December 16, 2021) English (Original)
Respondent’s Post-hearing Reply (December 16, 2021) Spanish (Original)
Procedural Order No. 7 (July 11, 2022) English (Original)
Dissenting Opinion to Procedural Order No. 7 by Prof. Puig (July 11, 2022) English (Original)
Procedural Calendar for Ancillary Claim (September 15, 2022) English (Original)
Claimant’s Memorial on the Ancillary Claim (September 28, 2022) English (Original)
Respondent’s Counter-Memorial on the Ancillary Claim (December 19, 2022) Spanish (Original)
Claimant’s Reply on the Ancillary Claim (February 20, 2023) English (Original)
Revised Procedural Calendar for Ancillary Claim (April 13, 2023) English (Original)
(a) Original Proceeding
Date | Development |
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January 3, 2019 | The Secretary-General registers a request for the institution of arbitration proceedings. |
March 18, 2019 | Following appointment by the Claimant, Guido Santiago Tawil (Argentine) accepts his appointment as arbitrator. |
April 1, 2019 | Following appointment by the Respondent, Sergio Puig (Mexican/U.S.) accepts his appointment as arbitrator. |
September 19, 2019 | Following appointment by agreement of the parties, Albert Jan van den Berg (Dutch) accepts his appointment as presiding arbitrator. |
September 20, 2019 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Albert Jan van den Berg (Dutch), President, appointed by agreement of the parties; Guido Santiago Tawil (Argentine), appointed by the Claimant; and Sergio Puig (Mexican/U.S.), appointed by the Respondent. |
November 6, 2019 | The Tribunal holds a first session by telephone conference. |
November 26, 2019 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
May 18, 2020 | The Claimant files a memorial on the merits. |
July 20, 2020 | Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents. |
July 30, 2020 | The Tribunal issues Procedural Order No. 2 concerning confidentiality. |
July 30, 2020 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
November 23, 2020 | The Respondent files a counter-memorial on the merits. |
January 8, 2021 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
February 22, 2021 | The Claimant files a reply on the merits. |
May 24, 2021 | The Respondent files a rejoinder on the merits. |
June 3, 2021 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
June 4, 2021 | The Tribunal issues Procedural Order No. 6 on the organization of the hearing. |
June 7, 2021 | The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128. |
June 7, 2021 | The Government of Canada files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128. |
June 18, 2021 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
July 26, 2021 - July 30, 2021 | The Tribunal holds a hearing on the merits by video conference. |
October 1, 2021 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
October 6, 2021 | The Respondent files observations on the Claimant’s request of October 1, 2021. |
October 8, 2021 | The Claimant files a response to the Respondent’s observations of October 6, 2021. |
October 11, 2021 | The Respondent files further observations on the Claimant’s response of October 8, 2021. |
October 20, 2021 | The Tribunal decides on the admissibility of new evidence. |
November 1, 2021 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
November 8, 2021 | The Claimant files observations on the Respondent’s request of November 1, 2021. |
November 17, 2021 | Each party files a post-hearing brief. |
December 16, 2021 | Each party files a reply post-hearing brief. |
February 11, 2022 | Each party files a submission on costs. |
May 8, 2022 | The Claimant files a request for provisional measures and presents an ancillary claim. |
May 26, 2022 | The Respondent files observations on the Claimant’s request for provisional measures and on the ancillary claim. |
June 2, 2022 | The Claimant files a response to the Respondent’s observations of May 26, 2022. |
June 7, 2022 | The Respondent files further observations to the Claimants’ response of June 2, 2022. |
July 11, 2022 | The Tribunal issues Procedural Order No. 7 concerning provisional measures and the ancillary claim. Attached to the Procedural Order is a dissenting opinion by arbitrator Sergio Puig. |
September 28, 2022 | The Claimant files a memorial on the ancillary claim. |
December 19, 2022 | The Respondent files a counter-memorial on the ancillary claim. |
February 20, 2023 | The Claimant files a reply on the ancillary claim. |
April 21, 2023 | The Respondent files a rejoinder on the ancillary claim. |
May 12, 2023 | The Respondent files a memorial on admissibility and jurisdiction of the counter-claim. |
May 18, 2023 | The Tribunal holds a case management conference with the parties by videoconference. |