(a) Original Proceeding

Published Decisions

Notice of Intent to Submit a Claim to Arbitration Under NAFTA Chapter Eleven

Notice of Arbitration

Procedural Order No. 1

Confidentiality Order

Parties’ Joint Submission on Procedural Issues

Claimant’s Observations on Outstanding Issues for the First Procedural Hearing

Respondent’s Submission on Procedural Issues

Claimant’s Letter Designating the Notice of Arbitration as the Statement of Claim

Respondent's Statement of Defence

Expert Report of Murray Wilson

Witness Statement of Peter George Stringer

Witness Statement of Anne Nobles

Expert Report of Gilda Gonzalez Carmona

Expert Report of Fabian Ramon Salazar

Expert Report of Jay Erstling

Expert Report of Professor Robert P. Merges

Claimant's Memorial

Expert report of Daniel J. Gervais

Expert report of Timothy R. Holbrook

Expert report of Hedwig Lindner

Expert report of T. David Reed

Witness statement of Marcel Brisebois

Witness statement of Dr. Michael Gillen

Procedural Order No. 2

Reply Expert Report of Murray Wilson

Reply Expert Report of Stephen G. Kunin

Second Expert Report of Jay Erstling

Second Expert Report of Robert P. Merges

Reply Expert Report of Fabian Ramon Salazar

Expert Report of Andrew J. Reddon

Expert Report of Ronald E. Dimock

Second Expert Report of Timothy R. Holbrook

Second Expert Report of T. David Reed

Second Expert Report of Daniel J. Gervais

Second Expert Report of Hedwig A. Lindner López

Second Witness Statement of Marcel Brisebois

Second Witness Statement of Michael Gillen

Respondent’s Rejoinder

Claimant's Opposition to Canada's Jurisdictional Objection

Application for leave to file an amicus curiae submission submitted by Canadian Chamber of Commerce

Application for leave to file an amicus curiae submission submitted by CIPPIC (Univ of Ottawa) and CIPP (McGill Univ)

Application for leave to file an amicus curiae submission submitted by five intellectual property law scholars

Application for leave to file an amicus curiae submission submitted by Innovative Medicines Canada and BIOTECanada

Application for leave to file an amicus curiae submission submitted by PhRMA and AMIIF and BIO

Application for leave to file an amicus curiae submission submitted by seven intellectual property law professors

Respondent’s Observations on Non-Disputing Party Applications

Procedural Order No. 4

Amicus Curiae submission of Canadian Chamber of Commerce

Amicus Curiae submission of Canadian Generic Pharmaceutical Association

Amicus Curiae submission of Canadian Internet Policy and Public Interest Clinic and Centre for Intellectual Property Policy

Amicus Curiae submission of Intellectual Property Law Professors

Amicus Curiae submission of National Association of Manufacturers

NAFTA Article 1128 Submission of United Mexican States

NAFTA Article 1128 Submission of United States of America

Respondent’s Observations on NAFTA Article 1128 Submissions

Respondent’s Observations on Amicus Submissions

Claimant’s Observations on NAFTA Article 1128 Submissions and Amicus Submissions

Procedural Order No. 6

Hearing on Jurisdiction and the Merits – Transcript, Day 1

Hearing on Jurisdiction and the Merits – Transcript, Day 2

Hearing on Jurisdiction and the Merits – Transcript, Day 3

Hearing on Jurisdiction and the Merits – Transcript, Day 4

Hearing on Jurisdiction and the Merits – Transcript, Day 5

Hearing on Jurisdiction and the Merits – Transcript, Day 6

Hearing on Jurisdiction and the Merits – Transcript, Day 7

Hearing on Jurisdiction and the Merits – Transcript, Day 8

NAFTA Article 1128 Supplemental Submission of United States of America

Claimant’s Post-Hearing Brief

Respondent’s Post-Hearing Brief

Respondent’s Post-Hearing Brief – Annex A

Claimant’s Reply Post-Hearing Brief

Respondent’s Reply Post-Hearing Brief

Claimant’s Submission on Costs

Respondent’s Submission on Costs

Witness Statement of Robert Postlethwait

Expert Report of Stephen G. Kunin

Witness Statement of Robert A. Armitage

Expert Report of Norman V. Siebrasse

Witness Statement of Kimby Barton

Expert Report of Robert E. Dimock

Respondent’s Counter-Memorial

Expert Report of Bruce Levin

Expert Report of Philip Thomas

Second Expert Report of Gilda Gonzalez Carmona

Second Expert Report of Norman V. Siebrasse

Second Witness Statement of Robert A. Armitage

Claimant’s Reply

Procedural Order No. 3

Claimant's Observations on Non-Disputing Party Applications

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Final Award

Available on the ICSID Website

Notice of Intent to Submit a Claim to Arbitration Under NAFTA Chapter Eleven (June 13, 2013) English (Original)

Notice of Arbitration (September 12, 2013) English (Original)

Procedural Order No. 1 (May 26, 2014) English (Original)

Confidentiality Order (May 26, 2014) English (Original)

Parties’ Joint Submission on Procedural Issues (April 14, 2014) English (Original)

Claimant’s Observations on Outstanding Issues for the First Procedural Hearing (May 2, 2014) English (Original)

Respondent’s Submission on Procedural Issues (May 2, 2014) English (Original)

Claimant’s Letter Designating the Notice of Arbitration as the Statement of Claim (May 14, 2014) English (Original)

Respondent's Statement of Defence (June 30, 2014) English (Original)

Expert Report of Murray Wilson (September 25, 2014) English (Original)

Witness Statement of Peter George Stringer (September 25, 2014) English (Original)

Witness Statement of Anne Nobles (September 25, 2014) English (Original)

Expert Report of Gilda Gonzalez Carmona (September 26, 2014) English (Original)

Expert Report of Fabian Ramon Salazar (September 26, 2014) English (Original)

Expert Report of Jay Erstling (September 27, 2014) English (Original)

Expert Report of Professor Robert P. Merges (September 29, 2014) English (Original)

Claimant's Memorial (September 29, 2014) English (Original)

Expert report of Daniel J. Gervais (January 23, 2015) English (Original)

Expert report of Timothy R. Holbrook (January 26, 2015) English (Original)

Expert report of Hedwig Lindner (January 26, 2015) English (Original)

Expert report of T. David Reed (January 26, 2015) English (Original)

Witness statement of Marcel Brisebois (January 26, 2015) English (Original)

Witness statement of Dr. Michael Gillen (January 26, 2015) English (Original)

Procedural Order No. 2 (April 6, 2015) English (Original)

Reply Expert Report of Murray Wilson (September 9, 2015) English (Original)

Reply Expert Report of Stephen G. Kunin (September 9, 2015) English (Original)

Second Expert Report of Jay Erstling (September 10, 2015) English (Original)

Second Expert Report of Robert P. Merges (September 10, 2015) English (Original)

Reply Expert Report of Fabian Ramon Salazar (September 10, 2015) English (Original)

Expert Report of Andrew J. Reddon (September 11, 2015) English (Original)

Expert Report of Ronald E. Dimock (December 4, 2015) English (Original)

Second Expert Report of Timothy R. Holbrook (December 5, 2015) English (Original)

Second Expert Report of T. David Reed (December 7, 2015) English (Original)

Second Expert Report of Daniel J. Gervais (December 7, 2015) English (Original)

Second Expert Report of Hedwig A. Lindner López (December 7, 2015) English (Original); Spanish (Original)

Second Witness Statement of Marcel Brisebois (December 7, 2015) English (Original)

Second Witness Statement of Michael Gillen (December 7, 2015) English (Original)

Respondent’s Rejoinder (December 8, 2015) English (Original)

Claimant's Opposition to Canada's Jurisdictional Objection (January 22, 2016) English (Original)

Application for leave to file an amicus curiae submission submitted by Canadian Chamber of Commerce (February 12, 2016) English (Original)

Application for leave to file an amicus curiae submission submitted by CIPPIC (Univ of Ottawa) and CIPP (McGill Univ) (February 12, 2016) English (Original)

Application for leave to file an amicus curiae submission submitted by five intellectual property law scholars (February 12, 2016) English (Original)

Application for leave to file an amicus curiae submission submitted by Innovative Medicines Canada and BIOTECanada (February 12, 2016) English (Original)

Application for leave to file an amicus curiae submission submitted by PhRMA and AMIIF and BIO (February 12, 2016) English (Original)

Application for leave to file an amicus curiae submission submitted by seven intellectual property law professors (February 12, 2016) English (Original)

Respondent’s Observations on Non-Disputing Party Applications (February 19, 2016) English (Original)

Procedural Order No. 4 (February 23, 2016) English (Original)

Amicus Curiae submission of Canadian Chamber of Commerce (February 23, 2016) English (Original)

Amicus Curiae submission of Canadian Generic Pharmaceutical Association (February 23, 2016) English (Original)

Amicus Curiae submission of Canadian Internet Policy and Public Interest Clinic and Centre for Intellectual Property Policy (February 23, 2016) English (Original)

Amicus Curiae submission of Intellectual Property Law Professors (February 23, 2016) English (Original)

Amicus Curiae submission of National Association of Manufacturers (February 23, 2016) English (Original)

NAFTA Article 1128 Submission of United Mexican States (March 18, 2016) English (Original)

NAFTA Article 1128 Submission of United States of America (March 18, 2016) English (Original)

Respondent’s Observations on NAFTA Article 1128 Submissions (April 22, 2016) English (Original)

Respondent’s Observations on Amicus Submissions (April 22, 2016) English (Original)

Claimant’s Observations on NAFTA Article 1128 Submissions and Amicus Submissions (April 22, 2016) English (Original)

Procedural Order No. 6 (May 27, 2016) English (Original)

Hearing on Jurisdiction and the Merits – Transcript, Day 1 (May 30, 2016) English (Original)

Hearing on Jurisdiction and the Merits – Transcript, Day 2 (May 31, 2016) English (Original)

Hearing on Jurisdiction and the Merits – Transcript, Day 3 (June 1, 2016) English (Original)

Hearing on Jurisdiction and the Merits – Transcript, Day 4 (June 2, 2016) English (Original)

Hearing on Jurisdiction and the Merits – Transcript, Day 5 (June 3, 2016) English (Original)

Hearing on Jurisdiction and the Merits – Transcript, Day 6 (June 4, 2016) English (Original)

Hearing on Jurisdiction and the Merits – Transcript, Day 7 (June 6, 2016) English (Original)

Hearing on Jurisdiction and the Merits – Transcript, Day 8 (June 8, 2016) English (Original)

NAFTA Article 1128 Supplemental Submission of United States of America (June 8, 2016) English (Original)

Claimant’s Post-Hearing Brief (July 25, 2016) English (Original)

Respondent’s Post-Hearing Brief (July 25, 2016) English (Original)

Respondent’s Post-Hearing Brief – Annex A (July 25, 2016) English (Original)

Claimant’s Reply Post-Hearing Brief (August 8, 2016) English (Original)

Respondent’s Reply Post-Hearing Brief (August 8, 2016) English (Original)

Claimant’s Submission on Costs (August 22, 2016) English (Original)

Respondent’s Submission on Costs (August 22, 2016) English (Original)

Witness Statement of Robert Postlethwait (September 25, 2014) English (Original)

Expert Report of Stephen G. Kunin (September 26, 2014) English (Original)

Witness Statement of Robert A. Armitage (September 27, 2014) English (Original)

Expert Report of Norman V. Siebrasse (September 29, 2014) English (Original)

Witness Statement of Kimby Barton (January 26, 2015) English (Original)

Expert Report of Robert E. Dimock (January 26, 2015) English (Original)

Respondent’s Counter-Memorial (January 27, 2014) English (Original)

Expert Report of Bruce Levin (September 7, 2015) English (Original)

Expert Report of Philip Thomas (September 7, 2015) English (Original)

Second Expert Report of Gilda Gonzalez Carmona (September 10, 2015) English (Original)

Second Expert Report of Norman V. Siebrasse (September 10, 2015) English (Original)

Second Witness Statement of Robert A. Armitage (September 11, 2015) English (Original)

Claimant’s Reply (September 11, 2015) English (Original)

Procedural Order No. 3 (January 15, 2015) English (Original)

Claimant's Observations on Non-Disputing Party Applications (February 19, 2016) English (Original)

Procedural Order No. 4 (February 23, 2016) English (Original)

Procedural Order No. 5 (April 29, 2016) English (Original)

Procedural Order No. 6 (May 27, 2016) English (Original)

Final Award (March 16, 2017) English (Original)

(a) Original Proceeding

Date	Development
April 2, 2014	The Tribunal is constituted in accordance with the UNCITRAL Arbitration Rules (1976) and Chapter Eleven of the North American Free Trade Agreement. Its members are: Albert Jan van den Berg (Dutch), President, appointed by the Secretary-General pursuant to the parties’ agreement; Daniel Bethlehem (British), appointed by the Respondent; and Gary B. Born (U.S.), appointed by the Claimant.
April 14, 2014	The parties file a joint written submission on procedural matters.
May 2, 2014	Each party files a written submission on procedural matters.
May 10, 2014	The Tribunal holds a procedural hearing in Washington, D.C.
May 14, 2014	As agreed at the procedural hearing, the Claimant designates the Notice of Arbitration as the Statement of Claim.
May 26, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters and an order concerning the confidentiality of information.
September 29, 2014	The Claimant files a memorial on the merits.
January 27, 2015	The Respondent files a counter-memorial on the merits.
April 6, 2015	The Tribunal issues Procedural Order No. 2 concerning production of documents.
September 11, 2015	The Claimant files a reply on the merits.
December 8, 2015	Respondent’s Rejoinder
January 15, 2016	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
February 12, 2016	Nine non-disputing parties file applications for leave to file a written submission.
February 19, 2016	Each party files observations on the nine non-disputing parties’ applications.
February 23, 2016	The Tribunal issues Procedural Order No. 4 concerning the nine non-disputing parties’ applications for leave to file a written submission. Six non-disputing parties file written submissions.
March 18, 2016	The United Mexican States files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128. The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
April 22, 2016	Each party files observations on the written submissions of the six non-disputing parties of February 23, 2016. Each party files observations on the written submissions of the United Mexican States and the United States of America of March 18, 2016.
April 29, 2016	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
May 27, 2016	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
May 30, 2016 - June 8, 2016	The Tribunal holds a hearing on jurisdiction and the merits.
June 8, 2016	The United States of America files a supplemental written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
July 25, 2016	Each party files a post-hearing brief.
August 8, 2016	Each party files a reply post-hearing brief.
August 22, 2016	Each party files a submission on costs.
March 16, 2017	The Tribunal renders its award.