Case Details

Alicia Grace and others v. United Mexican States (ICSID Case No. UNCT/18/4)

Subject of Dispute:

Oil exploration and production equipment
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

UNCITRAL

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Ampex Retirement Master Trust (U.S.), Carolyn Grace Baring (U.S.), Diana Grace Beard (U.S.), Frederick Grace (U.S.), Cambria Ventures, LLC (U.S.), Brentwood Associates Private Equity Profit Sharing Plan (U.S.), Carlos Williamson-Nasi (U.S.), Floradale Partners, LLC (U.S.), Alicia Grace (U.S.), Apple Oaks Partners, LLC (U.S.)
See attached full list of Claimants
Respondent(s):

United Mexican States (Mexican)

Composition of Tribunal

President:

Diego P. FERNÁNDEZ ARROYO (Argentine, Spanish) - Appointed by the Secretary-General
Arbitrators:

Andrés JANA LINETZKY (Chilean) - Appointed by the Claimant(s)
Gabriel BOTTINI (Argentine) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Quinn Emanuel Urquhart & Sullivan, 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
Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 19, 2024 -
The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Notice of Arbitration

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Statement of Claim

Claimants’ Letter regarding corrections to the Statement of Claim

Procedural Order No. 6

Letter from the Tribunal to the disputing parties amending the procedural calendar of PO 5

Annex A: Updated Calendar

Procedural Order No. 7

Annex A to Procedural Order No. 7

Annex B to Procedural Order No. 7

Statement of Defence

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10

Procedural Order No. 11

Procedural Order No. 12

Procedural Order No. 13

Procedural Order No. 14

Procedural Order No. 15

Procedural Order No. 16

Claimants’ Reply

Respondent’s Rejoinder

Claimants’ Observations on the Article 1128 Submissions

Article 1128 Submission of the United States of America

Article 1128 Submission of the Government of Canada

Procedural Order No. 18

Procedural Order No. 17

Annex A to Procedural Order No. 17

Annex B to Procedural Order No. 17

Procedural Order No. 19

Procedural Order No. 20

Procedural Order No. 21

Procedural Order No. 22

Procedural Order No. 23

Procedural Order No. 23 - Annex A

Procedural Order No. 23 - Annex B

Procedural Order No. 24

Procedural Order No. 25

Procedural Order No. 26

Procedural Order No. 27

Procedural Order No. 28

Claimants' Post-hearing Brief

Respondent's Post-hearing Brief

Procedural Order No. 29

Annex A to Procedural Order No. 29

Annex B to Procedural Order No. 29

Annex C to Procedural Order No. 29

Annex D to Procedural Order No. 29

Procedural Order No. 30

Award of the Tribunal

Available on the ICSID Website

Notice of Arbitration (June 19, 2018) English (Original)

Procedural Order No. 1 (March 25, 2019) English (Original); Spanish (Original)

Procedural Order No. 2 (April 5, 2019) English (Original); Spanish (Original)

Procedural Order No. 3 (April 26, 2019) English (Original); Spanish (Original)

Procedural Order No. 4 (June 24, 2019) English (Original); Spanish (Original)

Procedural Order No. 5 (August 7, 2019) English (Original); Spanish (Original)

Statement of Claim (October 7, 2019) English (Original)

Claimants’ Letter regarding corrections to the Statement of Claim (November 21, 2019) English (Original)

Procedural Order No. 6 (December 19, 2019) English (Original); Spanish (Original)

Letter from the Tribunal to the disputing parties amending the procedural calendar of PO 5 (June 8, 2020) English (Original); Spanish (Original)

Annex A: Updated Calendar (June 8, 2020) English (Original); Spanish (Original)

Procedural Order No. 7 (August 18, 2020) English (Original); Spanish (Original)

Annex A to Procedural Order No. 7 (August 18, 2020) English (Original); Spanish (Original)

Annex B to Procedural Order No. 7 (August 18, 2020) English (Original); Spanish (Original)

Statement of Defence (June 1, 2020) Spanish (Original)

Procedural Order No. 8 (October 9, 2020) English (Original); Spanish (Original)

Procedural Order No. 9 (November 11, 2020) English (Original); Spanish (Original)

Procedural Order No. 10 (March 16, 2021) English (Original); Spanish (Original)

Procedural Order No. 11 (May 13, 2021) English (Original); Spanish (Original)

Procedural Order No. 12 (May 27, 2021) English (Original); Spanish (Original)

Procedural Order No. 13 (June 15, 2021) English (Original); Spanish (Original)

Procedural Order No. 14 (June 21, 2021) English (Original); Spanish (Original)

Procedural Order No. 15 (August 4, 2021) English (Original); Spanish (Original)

Procedural Order No. 16 (September 3, 2021) English (Original); Spanish (Original)

Claimants’ Reply (March 22, 2021) English (Original)

Respondent’s Rejoinder (July 12, 2021) English (Original)

Claimants’ Observations on the Article 1128 Submissions (September 7, 2021) English (Original)

Article 1128 Submission of the United States of America (August 24, 2021) English (Original)

Article 1128 Submission of the Government of Canada (August 24, 2021) English (Original)

Procedural Order No. 18 (September 23, 2021) English (Original); Spanish (Original)

Procedural Order No. 17 (September 9, 2021) English (Original); Spanish (Original)

Annex A to Procedural Order No. 17 (September 9, 2021) English (Original); Spanish (Original)

Annex B to Procedural Order No. 17 (September 9, 2021) English (Original); Spanish (Original)

Procedural Order No. 19 (October 22, 2021) English (Original); Spanish (Original)

Procedural Order No. 20 (February 18, 2022) English (Original); Spanish (Original)

Procedural Order No. 21 (March 4, 2022) English (Original); Spanish (Original)

Procedural Order No. 22 (March 25, 2022) English (Original); Spanish (Original)

Procedural Order No. 23 (March 25, 2022) English (Original); Spanish (Original)

Procedural Order No. 23 - Annex A (March 25, 2022) English (Original); Spanish (Original)

Procedural Order No. 23 - Annex B (March 25, 2022) English (Original); Spanish (Original)

Procedural Order No. 24 (April 7, 2022) English (Original); Spanish (Original)

Procedural Order No. 25 (April 12, 2022) English (Original); Spanish (Original)

Procedural Order No. 26 (April 13, 2022) English (Original); Spanish (Original)

Procedural Order No. 27 (April 18, 2022) English (Original); Spanish (Original)

Procedural Order No. 28 (September 20, 2022) English (Original); Spanish (Original)

Claimants' Post-hearing Brief (September 9, 2022) English (Original)

Respondent's Post-hearing Brief (September 9, 2022) Spanish (Original)

Procedural Order No. 29 (November 21, 2022) English (Original); Spanish (Original)

Annex A to Procedural Order No. 29 (November 21, 2022) English (Original); Spanish (Original)

Annex B to Procedural Order No. 29 (November 21, 2022) English (Original); Spanish (Original)

Annex C to Procedural Order No. 29 (November 21, 2022) English (Original); Spanish (Original)

Annex D to Procedural Order No. 29 (November 21, 2022) English (Original); Spanish (Original)

Procedural Order No. 30 (December 19, 2022) English (Original); Spanish (Original)

Award of the Tribunal (August 19, 2024) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
January 25, 2019	The Tribunal is constituted in accordance with the UNCITRAL Arbitration Rules (1976). Its members are: Diego P. Fernández Arroyo (Argentine/Spanish), President, appointed by the Secretary-General; Andrés Jana Linetzky (Chilean), appointed by the Claimants; and Gabriel Bottini (Argentine), appointed by the Respondent.
March 12, 2019	The Tribunal holds a first session by telephone conference.
March 25, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 5, 2019	The Tribunal issues Procedural Order No. 2 concerning amicus curiae and non-disputing party participation.
April 19, 2019	A non-disputing party files an application pursuant to Procedural Order No. 2 and the Statement of the NAFTA Free Trade Commission on Non-Disputing Party Participation.
April 26, 2019	The Tribunal issues Procedural Order No. 3 concerning the confidentiality of documents.
May 3, 2019	The Claimants file a request for an extension of the deadline to submit comments on the non-disputing party’s application.
May 6, 2019	The Claimants file a renewed request for an extension of the deadline to submit comments on the non-disputing party’s application.
May 8, 2019	The Respondent files observations on the Claimants’ request of May 3, 2019.
May 9, 2019	The Claimants file further observations to its request of May 3, 2019.
May 20, 2019	Each party files observations on the non-disputing party’s application.
June 24, 2019	The Tribunal issues Procedural Order No. 4 concerning the non-disputing party’s application to intervene pursuant to Procedural Order No. 2 and the Statement of the NAFTA Free Trade Commission on Non-Disputing Party Participation.
July 21, 2019	The Claimants file a request for provisional measures.
July 29, 2019	The Respondent files observations on the briefing schedule for Claimants’ request for provisional measures.
August 7, 2019	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
October 7, 2019	The Claimants file a statement of claim.
October 14, 2019	The Respondent files a response to Claimants’ request for provisional measures.
December 3, 2019	The Tribunal holds a hearing on provisional measures by telephone conference.
December 19, 2019	The Tribunal issues Procedural Order No. 6 concerning provisional measures.
June 1, 2020	The Respondent files a statement of defense.
June 8, 2020	The Tribunal issues a procedural order concerning the procedural calendar.
August 18, 2020	The Tribunal issues Procedural Order No. 7 concerning the confidentiality of documents.
September 7, 2020	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
October 9, 2020	The Tribunal issues Procedural Order No. 8 concerning production of documents.
November 11, 2020	The Tribunal issues Procedural Order No. 9 concerning production of documents.
March 16, 2021	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
March 22, 2021	The Claimants file a reply on the merits.
May 13, 2021	The Tribunal issues Procedural Order No. 11 concerning production of documents.
May 27, 2021	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
June 15, 2021	The Tribunal issues Procedural Order No. 13 concerning procedural matters.
June 21, 2021	The Tribunal issues Procedural Order No. 14 concerning procedural matters.
July 12, 2021	The Respondent files a rejoinder on the merits.
August 4, 2021	The Tribunal issues Procedural Order No. 15 concerning procedural matters.
August 24, 2021	The Government of Canada files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
August 24, 2021	The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
September 3, 2021	The Tribunal issues Procedural Order No. 16 concerning procedural matters.
September 9, 2021	The Tribunal issues Procedural Order No. 17 concerning procedural matters.
September 23, 2021	The Tribunal issues Procedural Order No. 18 concerning procedural matters.
October 22, 2021	The Tribunal issues Procedural Order No. 19 concerning procedural matters.
February 18, 2022	The Tribunal issues Procedural Order No. 20 concerning procedural matters.
March 4, 2022	The Tribunal issues Procedural Order No. 21 concerning procedural matters.
March 25, 2022	The Tribunal issues Procedural Order No. 22 concerning procedural matters.
March 25, 2022	The Tribunal issues Procedural Order No. 23 concerning procedural matters.
April 7, 2022	The Tribunal issues Procedural Order No. 24 concerning procedural matters.
April 12, 2022	The Tribunal issues Procedural Order No. 25 concerning procedural matters.
April 13, 2022	The Tribunal issues Procedural Order No. 26 concerning procedural matters.
April 18, 2022	The Tribunal issues Procedural Order No. 27 concerning procedural matters.
April 24, 2022 - April 30, 2022	The Tribunal holds a hearing on jurisdiction and the merits in person in Washington, D.C. and by video conference.
September 9, 2022	Each party files a post-hearing brief.
September 20, 2022	The Tribunal issues Procedural Order No. 28 concerning procedural matters.
November 21, 2022	The Tribunal issues Procedural Order No. 29 concerning procedural matters.
December 19, 2022	The Tribunal issues Procedural Order No. 30 concerning procedural matters.
October 3, 2023	The Tribunal issues Procedural Order No. 31 concerning the admissibility of new evidence.
August 19, 2024	The Tribunal renders its award.