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

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)

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:

January 19, 2024 - The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.

Notice of Intent

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

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)

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.