Case Details

Access Business Group LLC v. United Mexican States (ICSID Case No. ARB/23/15)

Subject of Dispute:

Food products enterprise
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement), USMCA (United States-Mexico-Canada Agreement)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Access Business Group LLC (U.S.)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

May 15, 2023
Date of Constitution of Tribunal:

October 20, 2023

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

Franco FERRARI (Italian) - Appointed by the Claimant(s)
Loretta MALINTOPPI (Italian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Bryan Cave Leighton Paisner, Miami, FL, U.S.A.
Respondent(s):

Dirección General de Consultoría Jurídica de Comercio Internacional, Secretaría de Economía, Mexico City, Mexico
Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Tereposky & DeRose, Ottawa, Canada
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

April 16, 2025 - The Tribunal issues Procedural Order No. 5 concerning procedural matters.

(a) Original Proceeding

Published Decisions

Notice of Intent

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

Memorial on the Merits

Respondent's Request for Bifurcation

Claimant's Opposition to Motion to Bifurcate

Procedural Order No. 3

Respondent's Memorial on Objections to Jurisdiction

Article 1128 Submission of the United States of America

Article 1128 Submission of Canada

Procedural Order No. 4

Procedural Order No. 5

Available on the ICSID Website

Notice of Intent (October 11, 2022) English (Original)

Request for Arbitration (April 13, 2023) English (Original)

Procedural Order No. 1 (December 8, 2023) English (Original)

Procedural Order No. 2 (January 19, 2024) English (Original)

Memorial on the Merits (May 23, 2024) English (Original)

Respondent's Request for Bifurcation (July 12, 2024) Spanish (Original)

Claimant's Opposition to Motion to Bifurcate (August 9, 2024) English (Original)

Procedural Order No. 3 (August 29, 2024) English (Original)

Respondent's Memorial on Objections to Jurisdiction (November 29, 2024) Spanish (Original)

Article 1128 Submission of the United States of America (March 28, 2025) English (Original)

Article 1128 Submission of Canada (March 28, 2025) English (Original)

Procedural Order No. 4 (April 7, 2025) English (Original)

Procedural Order No. 5 (April 16, 2025) English (Original)

(a) Original Proceeding

Date	Development
May 15, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
June 5, 2023	Following appointment by the Claimant, Franco Ferrari (Italian) accepts his appointment as arbitrator.
August 9, 2023	Following appointment by the Respondent, Loretta Malintoppi (Italian) accepts her appointment as arbitrator.
October 20, 2023	Following appointment by agreement of the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
October 20, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by agreement of the parties; Franco Ferrari (Italian), appointed by the Claimant; and Loretta Malintoppi (Italian) appointed by the Respondent.
November 27, 2023	The Tribunal holds a first session by video conference.
December 8, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 19, 2024	The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.
May 23, 2024	The Claimant files a memorial on the merits.
July 12, 2024	The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44.
August 9, 2024	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
August 23, 2024	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
August 29, 2024	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
November 29, 2024	The Respondent files a memorial on objections to jurisdiction.
March 7, 2025	The Claimant files a counter-memorial on jurisdiction.
March 28, 2025	The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
March 28, 2025	Canada files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
April 7, 2025	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
April 14, 2025 - April 15, 2025	The Tribunal holds a hearing on jurisdiction by video conference.
April 16, 2025	The Tribunal issues Procedural Order No. 5 concerning procedural matters.