Case Details
Arbor Confections Inc., Mark Alan Ducorsky and Brad Ducorsky v. United Mexican States (ICSID Case No. ARB/23/25)
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Food products enterprise
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Other Industry
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NAFTA (North American Free Trade Agreement), USMCA (United States-Mexico-Canada Agreement)
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ICSID Convention - Arbitration Rules
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Arbor Confections Inc. (U.S.), Mark Alan Ducorsky (U.S.), Brad Ducorsky (U.S.)
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United Mexican States (Mexican)
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July 20, 2023
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January 29, 2025
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José Miguel JUDICE (Portuguese) - Appointed by the Secretary-General
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David J. A. CAIRNS (British, New Zealand) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
ReedSmith, Miami, FL, U.S.A. and NY, U.S.A.
Osuna González y Asociados, Baja California, Mexico
Luis A. Bergolla, Stanford, CA, U.S.A. -
Dirección General de Consultoría Jurídica de Comercio Internacional, Secretaría de Economía, Mexico City, Mexico
Tereposky & DeRose, Ottawa, Canada
Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A. -
Spanish
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Pending
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May 1, 2025 - The Claimants file observations on the Respondent’s objection that the claim is manifestly without legal merit.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Claimant’s Notice of Intent
Claimant’s Request for Arbitration
Procedural Order No. 1
Procedural Order No. 2
Available on the ICSID Website
Claimant’s Notice of Intent (March 30, 2023) Spanish (Original)
Claimant’s Request for Arbitration (June 30, 2023) Spanish (Original)
Procedural Order No. 1 (February 28, 2025) Spanish (Original)
Procedural Order No. 2 (February 28, 2025) Spanish (Original)
(a) Original Proceeding
Date | Development |
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July 20, 2023 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
September 15, 2023 | Following appointment by the Claimants, David J. A. Cairns (British/New Zealand) accepts his appointment as arbitrator. |
November 6, 2023 | Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator. |
January 29, 2025 | Following appointment by the Secretary-General, José Miguel Júdice (Portuguese) accepts his appointment as presiding arbitrator. |
January 29, 2025 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: José Miguel Júdice (Portuguese), President, appointed by the Secretary-General; David J.A. Cairns (British/New Zealand), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent. |
February 27, 2025 | The Tribunal holds a first session by video conference. |
February 28, 2025 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
February 28, 2025 | The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality. |
March 17, 2025 | The Respondent files an objection that the claim is manifestly without legal merit pursuant to ICSID Arbitration Rule 41(1). |
May 1, 2025 | The Claimants file observations on the Respondent’s objection that the claim is manifestly without legal merit. |