Case Details

Arbor Confections Inc., Mark Alan Ducorsky and Brad Ducorsky v. United Mexican States (ICSID Case No. ARB/23/25)

Subject of Dispute:

Food products enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

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

ICSID Convention - Arbitration Rules

Claimant(s)/Nationality(ies):

Arbor Confections Inc. (U.S.), Mark Alan Ducorsky (U.S.), Brad Ducorsky (U.S.)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

July 20, 2023
Date of Constitution of Tribunal:

January 29, 2025

President:

José Miguel JUDICE (Portuguese) - Appointed by the Secretary-General
Arbitrators:

David J. A. CAIRNS (British, New Zealand) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Claimant(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.
Respondent(s):

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.
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Pending
Latest Development:

May 1, 2025 - The Claimants file observations on the Respondent’s objection that the claim is manifestly without legal merit.

Claimant’s Notice of Intent

Claimant’s Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

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)

Date	Development
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.