Case Details

Joshua Dean Nelson v. United Mexican States (ICSID Case No. UNCT/17/1)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

UNCITRAL

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Joshua Dean Nelson (U.S.)
Respondent(s):

United Mexican States (Mexican)

Composition of Tribunal

President:

Eduardo ZULETA (Colombian) - Appointed by the Secretary-General
Arbitrators:

V.V. VEEDER (British) - Appointed by the Claimant(s)
Mariano GOMEZPERALTA (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Arent Fox, Washington, D.C., U.S.A.
Ruyak & Cherian, Washington, D.C., U.S.A.
Womble Bond Dickinson, Washington, D.C., U.S.A.
Respondent(s):

Subsecretaría de Comercio Exterior, Dirección General de Consultoría Jurídica de Comercio Internacional, Secretaría de Economía, Ciudad de México, México
Tereposky & DeRose, Ontario, Canada
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 31, 2020 - The Tribunal issues a decision on the correction of the award.

(a) Original Proceeding

Published Decisions

Notice of Arbitration

Amended Notice of Arbitration

Procedural Order No. 1

Procedural Order No. 2

Redacted Statement of Claim

Statement of Defense

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 7

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10

Claimant's Reply

Respondent's Rejoinder

Procedural Order No. 11

Procedural Order No. 12

Procedural Order No. 13

Procedural Order No. 14

Procedural Order No. 15

Procedural Order No. 16

Respondent's Memorial on Jurisdiction

Claimant's Counter-Memorial on Jurisdiction

Respondent's Post-Hearing Brief

Claimant's Post-Hearing Brief

Award of the Tribunal - Corrected

Decision on Correction Request

Available on the ICSID Website

Notice of Arbitration (September 26, 2016) English (Original)

Amended Notice of Arbitration (June 9, 2017) English (Original)

Procedural Order No. 1 (July 18, 2017) English (Original); Spanish (Original)

Procedural Order No. 2 (September 7, 2017) English (Original); Spanish (Original)

Redacted Statement of Claim (November 7, 2017) English (Original); Spanish (Original)

Statement of Defense (March 13, 2018) Spanish (Original)

Procedural Order No. 3 (September 28, 2017) English (Original); Spanish (Original)

Procedural Order No. 4 (January 2, 2018) English (Original); Spanish (Original)

Procedural Order No. 5 (February 13, 2018) English (Original); Spanish (Original)

Procedural Order No. 6 (May 9, 2018) English (Original); Spanish (Original)

Procedural Order No. 7 (June 8, 2018) English (Original); Spanish (Original)

Procedural Order No. 8 (August 9, 2018) English (Original); Spanish (Original)

Procedural Order No. 9 (August 27, 2018) English (Original); Spanish (Original)

Procedural Order No. 10 (September 4, 2018) English (Original); Spanish (Original)

Claimant's Reply (June 5, 2018) English (Original); Spanish (Original)

Respondent's Rejoinder (September 10, 2018) English (Original); Spanish (Original)

Procedural Order No. 11 (October 22, 2018) English (Original); Spanish (Original)

Procedural Order No. 12 (April 10, 2019) English (Original); Spanish (Original)

Procedural Order No. 13 (April 17, 2019) English (Original); Spanish (Original)

Procedural Order No. 14 (May 17, 2019) English (Original); Spanish (Original)

Procedural Order No. 15 (July 9, 2019) English (Original); Spanish (Original)

Procedural Order No. 16 (July 24, 2019) English (Original); Spanish (Original)

Respondent's Memorial on Jurisdiction (June 13, 2019) English (Original); Spanish (Original)

Claimant's Counter-Memorial on Jurisdiction (August 15, 2019) English (Original); Spanish (Original)

Respondent's Post-Hearing Brief (August 15, 2019) English (Original); Spanish (Original)

Claimant's Post-Hearing Brief (August 15, 2019) English (Original); Spanish (Original)

Award of the Tribunal - Corrected (June 5, 2020) English (Original); Spanish (Original)

Decision on Correction Request (July 31, 2020) English (Original)

(a) Original Proceeding

Date	Development
July 7, 2017	The Tribunal holds a first session by telephone conference.
July 18, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 7, 2017	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
September 12, 2017	Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents.
September 28, 2017	The Tribunal issues Procedural Order No. 3 concerning production of documents.
November 7, 2017	The Claimants file a statement of claim.
January 2, 2018	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
January 5, 2018	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
February 13, 2018	The Tribunal issues Procedural Order No. 5 concerning production of documents.
March 13, 2018	The Respondent files a statement of defense.
May 1, 2018	Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents.
May 9, 2018	The Tribunal issues Procedural Order No. 6 concerning production of documents.
June 5, 2018	The Claimants file a reply on the merits.
June 8, 2018	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
July 17, 2018	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
August 9, 2018	The Tribunal issues Procedural Order No. 8 concerning production of documents.
August 27, 2018	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
September 4, 2018	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
September 10, 2018	The Respondent files a rejoinder on the merits.
October 22, 2018	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
April 10, 2019	The Tribunal issues Procedural Order No. 12 concerning the organization of the hearing.
April 17, 2019	The Tribunal issues Procedural Order No. 13 concerning the discontinuance of proceedings with respect to Jorge Luis Blanco.
April 22, 2019 - April 26, 2019	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
May 17, 2019	The Tribunal issues Procedural Order No. 14 concerning procedural matters.
June 13, 2019	The Respondent files a memorial on jurisdiction.
July 9, 2019	The Tribunal issues Procedural Order No. 15 concerning procedural matters.
July 24, 2019	The Tribunal issues Procedural Order No. 16 concerning procedural matters.
August 15, 2019	The Claimant files a counter-memorial on jurisdiction.
August 15, 2019	Each party files a post-hearing brief.
October 19, 2019	The Respondent files a supplemental memorial on jurisdiction.
November 27, 2019	The Claimant files observations on the Respondent’s supplemental memorial on jurisdiction.
January 15, 2020	Each party files a statement of costs.
June 5, 2020	The Tribunal renders its award.
July 4, 2020	The Claimant files a request for the correction of the award.
July 10, 2020	The Respondent files observations on the Claimant’s request for the correction of the award.
July 31, 2020	The Tribunal issues a decision on the correction of the award.