Case Details

Terence Highlands v. United Mexican States (ICSID Case No. ARB/19/26)

Subject of Dispute:

Maritime transport services
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT United Kingdom of Great Britain and Northern Ireland - Mexico 2006
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Terence Highlands (British)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

September 17, 2019
Date of Constitution of Tribunal:

March 10, 2020

Composition of Tribunal

President:

Alfredo BULLARD (Peruvian) - Appointed by the Parties
Arbitrators:

Oscar M. GARIBALDI (Argentine, U.S.) - Appointed by the Claimant(s)
Gabriel BOTTINI (Argentine) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Stewarts, London, U.K.
Adame González de Castilla & Besil, Mexico City, Mexico
Respondent(s):

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.
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Pending
Latest Development:

November 15, 2022 - Each party files a statement of costs.

No References Available.

(a) Original Proceeding

Date	Development
September 17, 2019	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
November 25, 2019	Following appointment by the Claimant, Oscar Garibaldi (Argentine/U.S.) accepts his appointment as arbitrator.
December 31, 2019	Following appointment by the Respondent, Gabriel Bottini (Argentine) accepts his appointment as arbitrator.
March 9, 2020	Following appointment by agreement of the parties, Alfredo Bullard (Peruvian) accepts his appointment as presiding arbitrator.
March 10, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Alfredo Bullard (Peruvian), President, appointed by agreement of the parties; Oscar M. Garibaldi (U.S./Argentine), appointed by the Claimants; and Gabriel Bottini (Argentine), appointed by the Respondent.
June 17, 2020	The Tribunal holds a first session by video conference.
August 12, 2020	The Tribunal holds a preliminary procedural meeting with the Parties by videoconference.
September 10, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 6, 2020	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
November 12, 2020	The Claimant files a memorial on the merits.
December 10, 2020	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
January 7, 2021	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
January 27, 2021	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
April 28, 2021	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
May 16, 2021	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
June 2, 2021	The Respondent files a counter-memorial on the merits.
August 11, 2021	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
September 8, 2021	The Tribunal issues Procedural Order No. 6 concerning production of documents.
October 5, 2021	The Tribunal issues Procedural Order No. 7 concerning production of documents.
November 8, 2021	The Tribunal issues Procedural Order No. 8 concerning production of documents.
December 2, 2021	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
December 23, 2021	The Claimant files a reply on the merits.
February 9, 2022	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
March 16, 2022	The Respondent files a rejoinder on the merits.
April 19, 2022	The Claimant files a rejoinder on jurisdiction.
June 6, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
June 17, 2022	The Tribunal issues Procedural Order No. 11 concerning the organization of the hearing.
June 21, 2022	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
June 22, 2022	The Respondent files observations on the Claimant’s request of June 21, 2022.
June 23, 2022	The Tribunal decides on the Claimant’s request of June 21, 2022.
June 27, 2022 - June 30, 2022	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
September 3, 2022	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
September 9, 2022	The Respondent files observations on the Claimant’s request of September 3, 2022.
September 19, 2022	The Tribunal issues Procedural Order No. 12 concerning the admissibility of new evidence and procedural matters.
October 14, 2022	Each party files a post-hearing brief.
October 25, 2022	The Respondent files a request for the exclusion of evidence.
November 1, 2022	The Claimant files observations on the Respondent’s request of October 25, 2022.
November 14, 2022	The Tribunal issues Procedural Order No. 13 concerning the exclusion of evidence.
November 15, 2022	Each party files a statement of costs.