Case Details
Odyssey Marine Exploration, Inc. v. United Mexican States (ICSID Case No. UNCT/20/1)
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Mining concession
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Oil, Gas & Mining
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NAFTA (North American Free Trade Agreement)
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UNCITRAL
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Odyssey Marine Exploration, Inc. (U.S.)
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United Mexican States (Mexican)
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April 5, 2019
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March 3, 2020
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Felipe BULNES SERRANO (Chilean) - Appointed by the Parties
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Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s) -
Cooley, New York, NY, U.S.A. and London, U.K.
King & Spalding, New York, NY, U.S.A.
King & Spalding International, London, U.K. -
Dirección General de Consultoría de Comercio Internacional, Subsecretaría de Comercio Exterior, Secretaría de Economía, Mexico City, Mexico
Tereposky & DeRose, Ontario, Canada
Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A. -
English,Spanish
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Pending
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November 30, 2022 - Each party files a submission on costs.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Notice of Arbitration
Procedural Order No. 1
Procedural Order No. 2
Claimant’s Memorial
Procedural Order No. 1 – Annex A Revised
Respondent’s Counter-Memorial
Procedural Order No. 3
Claimant’s Reply
Procedural Order No. 5
Procedural Order No. 1 – Annex A Revised
Submission of the United States of America
Non-Disputing Party Submission of the Government of Canada pursuant to NAFTA Article 1128
Procedural Order No. 1 - Revised Annex A
Procedural Order No. 6
Respondent's Rejoinder
Claimant’s Post-Hearing Brief
Respondent’s Post-Hearing Brief
Available on the ICSID Website
Notice of Arbitration (April 5, 2019) English (Original)
Procedural Order No. 1 (April 23, 2020) English (Original); Spanish (Original)
Procedural Order No. 2 (November 23, 2020) English (Original); Spanish (Original)
Claimant’s Memorial (September 4, 2020) English (Original); Spanish (Original)
Procedural Order No. 1 – Annex A Revised (January 12, 2021) English (Original); Spanish (Original)
Respondent’s Counter-Memorial (February 23, 2021) English (Original); Spanish (Original)
Procedural Order No. 3 (April 23, 2021) English (Original); Spanish (Original)
Claimant’s Reply (June 29, 2021) English (Original); Spanish (Original)
Procedural Order No. 5 (August 30, 2021) English (Original); Spanish (Original)
Procedural Order No. 1 – Annex A Revised (October 12, 2021) English (Original); Spanish (Original)
Submission of the United States of America (November 2, 2021) English (Original)
Non-Disputing Party Submission of the Government of Canada pursuant to NAFTA Article 1128 (November 2, 2021) English (Original)
Procedural Order No. 1 - Revised Annex A (November 3, 2021) English (Original); Spanish (Original)
Procedural Order No. 6 (December 20, 2021) English (Original); Spanish (Original)
Respondent's Rejoinder (October 19, 2021) English (Original); Spanish (Original)
Claimant’s Post-Hearing Brief (September 12, 2022) English (Original); Spanish (Original)
Respondent’s Post-Hearing Brief (September 12, 2022) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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March 3, 2020 | The Tribunal is constituted in accordance with the UNCITRAL Arbitration Rules (1976) and Article 1123 of the North American Free Trade Agreement of 17 December 1992, and in force as of 1 January 1994. Its members are: Felipe Bulnes (Chilean), President, appointed by the Parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Philippe Sands (British/French), appointed by the Respondent. |
April 17, 2020 | The Tribunal holds a first session by videoconference. |
April 23, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
September 5, 2020 | The Claimant files a memorial. |
November 23, 2020 | The Tribunal issues Procedural Order No. 2 concerning confidentiality of documents. |
February 23, 2021 | The Respondent files a counter-memorial. |
April 2, 2021 | The Claimant files a request for provisional measures. |
April 6, 2021 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
April 23, 2021 | The Respondent files observations on the Claimant’s request for provisional measures. |
April 23, 2021 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
May 25, 2021 | The Tribunal issues Procedural Order No. 4 concerning provisional measures. |
June 29, 2021 | The Claimant files a reply. |
August 18, 2021 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
August 30, 2021 | The Tribunal issues Procedural Order No. 5 concerning confidentiality of documents. |
August 30, 2021 | The Respondent files observations on the Claimant’s request of August 18, 2021. |
September 2, 2021 | The Tribunal decides on the admissibility of new evidence. |
October 12, 2021 | A non-disputing party files an application pursuant to Procedural Order No. 1 and the Statement of the NAFTA Free Trade Commission on Non-Disputing Party Participation. |
October 19, 2021 | The Respondent files a rejoinder. |
November 2, 2021 | Non-disputing parties file applications pursuant to NAFTA Article 1128. |
December 9, 2021 | The President holds a pre-hearing organizational meeting with the parties by video conference. |
December 20, 2021 | The Tribunal issues Procedural Order No. 6 concerning the non-disputing party’s application of October 12, 2021; attached to the Procedural Order is a dissenting opinion by arbitrator Philippe Sands. |
December 20, 2021 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
December 16, 2021 | The Claimant files a request for the exclusion of evidence. |
January 4, 2022 | The Respondent files observations on the Claimant’s request for the exclusion of evidence. |
January 14, 2022 | The Tribunal issues Procedural Order No. 8 concerning the exclusion of evidence. |
January 19, 2022 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
January 20, 2022 | The Respondent files observations on the Claimant’s request of January 19, 2022. |
January 21, 2022 | The Tribunal decides on the admissibility of new evidence. |
January 24, 2022 - January 29, 2022 | The Tribunal holds a hearing on jurisdiction and liability with the parties by video conference. |
May 10, 2022 | The Tribunal holds a hearing on jurisdiction and liability with the parties by video conference. |
September 12, 2022 | Each party files a post-hearing brief. |
September 20, 2022 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
September 21, 2022 | The Respondent files observations on the Claimant’s request of September 20, 2022. |
September 22, 2022 | The Tribunal decides on the admissibility of new evidence. |
November 30, 2022 | Each party files a submission on costs. |