Case Details

PACC Offshore Services Holdings Ltd v. United Mexican States (ICSID Case No. UNCT/18/5)

Subject of Dispute:

Marine services
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Singapore - Mexico 2009
Applicable Rules:

UNCITRAL

(a) Original Proceeding

Claimant(s)/Nationality(ies):

PACC Offshore Services Holdings Ltd (Singaporean)
Respondent(s):

United Mexican States (Mexican)

Composition of Tribunal

President:

Andrés RIGO SUREDA (Spanish) - Appointed by Co-Arbitrators
Arbitrators:

W. Michael REISMAN (U.S.) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Sidley Austin, New York, NY, 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
Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 9, 2022 - The Tribunal issues its decision on the Claimant’s application for additional award and on the applicable interest rate; attached to the decision is a concurring and dissenting opinion by arbitrator W. Michael Reisman.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 1 (revised)

Procedural Order No. 2 - Procedural Schedule

Procedural Order No. 3

Memorial on the Merits

Counter-Memorial

Counter-Memorial Errata

Reply on the Merits

Rejoinder on the Merits

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Award of the Tribunal

Decision on Claimant's Application for Additional Award and on the Applicable Rate

Available on the ICSID Website

Procedural Order No. 1 (November 28, 2018) English (Original)

Procedural Order No. 1 (revised) (November 28, 2018) English (Original); Spanish (Original)

Procedural Order No. 2 - Procedural Schedule (December 19, 2018) English (Original); Spanish (Original)

Procedural Order No. 3 (January 10, 2019) English (Original); Spanish (Original)

Memorial on the Merits (March 20, 2019) English (Original)

Counter-Memorial (August 21, 2019) Spanish (Original)

Counter-Memorial Errata (September 5, 2019) Spanish (Original)

Reply on the Merits (February 12, 2020) English (Original)

Rejoinder on the Merits (June 10, 2020) Spanish (Original)

Procedural Order No. 4 (November 7, 2019) English (Original); Spanish (Original)

Procedural Order No. 5 (April 21, 2021) English (Original); Spanish (Original)

Procedural Order No. 6 (February 24, 2022) English (Original); Spanish (Original)

Award of the Tribunal (January 11, 2022) English (Original); Spanish (Original)

Decision on Claimant's Application for Additional Award and on the Applicable Rate (May 9, 2022) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
September 24, 2018	The Tribunal is constituted in accordance with the UNCITRAL Arbitration Rules (2010) and Article 13 of the Mexico-Singapore Agreement on the Promotion and Reciprocal Protection of Investments signed on November 12, 2009, and in force as of April 3, 2011. Its members are: Andrés Rigo Sureda (Spanish), President, appointed by his co-arbitrators; W. Michael Reisman (U.S.), appointed by the Claimant; and Philippe Sands (British/French), appointed by the Respondent.
November 21, 2018	The Tribunal holds a first session by telephone conference.
November 28, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 4, 2018	The Claimant files a request for the Tribunal to clarify certain aspects of Procedural Order No. 1 concerning the procedural calendar.
December 9, 2018	The Tribunal clarifies certain aspects of Procedural Order No. 1 concerning the procedural calendar.
December 13, 2018	Each party files a submission on confidentiality of documents.
December 14, 2018	Each party files a submission concerning the procedural calendar.
December 19, 2018	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
January 10, 2019	The Tribunal issues Procedural Order No. 3 concerning the confidentiality of documents.
March 20, 2019	The Claimant files a memorial on the merits.
August 21, 2019	The Respondent files a counter-memorial on jurisdiction and the merits.
October 16, 2019	Following exchanges between the parties, the Parties file a request for the Tribunal to decide on production of documents.
November 7, 2019	The Tribunal issues Procedural Order No. 4 concerning production of documents.
February 12, 2020	The Claimant files a reply on jurisdiction and the merits.
June 10, 2020	The Respondent files a rejoinder on jurisdiction and the merits.
April 21, 2021	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
May 16, 2021 - May 22, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
July 23, 2021	The Claimant files a statement of costs.
July 24, 2021	The Respondent files a statement of costs.
January 11, 2022	The Tribunal renders its award; attached to the award is a concurring and dissenting opinion by arbitrator W. Michael Reisman.
February 10, 2022	The Claimant files an application for additional award in accordance with Article 39 of the UNCITRAL Arbitration Rules (2010).
February 11, 2022	The Respondent files a request for the Tribunal to decide on the publication of the award.
February 18, 2022	The Claimant files observations on the Respondent’s request of February 11, 2022.
February 18, 2022	The Respondent files a response to the Claimant’s observations of February 18, 2022.
February 23, 2022	The Claimant files further observations on the Respondent’s response of February 18, 2022.
February 24, 2022	The Tribunal issues Procedural Order No. 6 concerning the publication of the award.
March 2, 2022	The Respondent files observations on the Claimant’s application of February 10, 2022.
May 9, 2022	The Tribunal issues its decision on the Claimant’s application for additional award and on the applicable interest rate; attached to the decision is a concurring and dissenting opinion by arbitrator W. Michael Reisman.