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

Following appointment by the Claimants, Franz X. Stirnimann Fuentes (Peruvian/Swiss) accepts his appointment as arbitrator.

Following appointment by the Respondent, Alain Pellet (French) accepts his appointment as arbitrator.

Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Manuel Conthe Gutiérrez (Spanish) accepts his appointment as presiding arbitrator.

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention.  Its members are: Manuel Conthe Gutiérrez (Spanish), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Franz X. Stirnimann Fuentes (Peruvian/Swiss), appointed by the Claimants; and Alain Pellet (French), appointed by the Respondent.

The Tribunal holds a first session by video conference.

The Claimants file a request for provisional measures.

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

The Claimants file a supplement to their request for provisional measures.

The Respondent files observations on the Claimants request for provisional measures.

The Tribunal holds a hearing on provisional measures by video conference.

The Tribunal issues a decision on provisional measures.

The Claimants file a memorial on the merits.

The Tribunal issues Procedural Order No. 2 concerning the confidentiality of the proceeding.

The Tribunal issues Procedural Order No. 3, partially amending Procedural Order No. 2.

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

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

The Tribunal issues Procedural Order No. 4 concerning production of documents.

The Tribunal issues Procedural Order No. 5 concerning production of documents.

The Claimants file a reply on the merits and a counter-memorial on jurisdiction.

The Tribunal issues Procedural Order No. 6 concerning procedural matters.

The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.

The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.

The Tribunal issues Procedural Order No. 8 concerning the procedural calendar.

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

The United States of America files a written submission as a Non-Disputing Party pursuant to NAFTA Article 1128 and USMCA Article 14.D.7.2.

Each party files comments on the written submission filed by the Non-Disputing Party pursuant to NAFTA Article 1128 and USMCA Article 14.D.7.2.

The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.

The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.

The Respondent files observations on the Claimants’ request of December 22, 2023.

The Tribunal issues Procedural Order No. 11 concerning the admissibility of new evidence.

The Tribunal issues Procedural Order No. 12 concerning procedural matters.

Each party files a post-hearing brief.

Each party files a submission on costs.