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.

The Tribunal holds a first session by videoconference.

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

The Claimant files a memorial.

The Tribunal issues Procedural Order No. 2 concerning confidentiality of documents.

The Respondent files a counter-memorial.

The Claimant files a request for provisional measures.

Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.

The Respondent files observations on the Claimant’s request for provisional measures.

The Tribunal issues Procedural Order No. 3 concerning production of documents.

The Tribunal issues Procedural Order No. 4 concerning provisional measures.

The Claimant files a reply.

The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.

The Tribunal issues Procedural Order No. 5 concerning confidentiality of documents.

The Respondent files observations on the Claimant’s request of August 18, 2021.

The Tribunal decides on the admissibility of new evidence.

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.

The Respondent files a rejoinder. 

Non-disputing parties file applications pursuant to NAFTA Article 1128.

The President holds a pre-hearing organizational meeting with the parties by video conference.

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.

The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.

The Claimant files a request for the exclusion of evidence.

The Respondent files observations on the Claimant’s request for the exclusion of evidence.

The Tribunal issues Procedural Order No. 8 concerning the exclusion of evidence.

The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.

The Respondent files observations on the Claimant’s request of January 19, 2022.

The Tribunal decides on the admissibility of new evidence.

The Tribunal holds a hearing on jurisdiction and liability with the parties by video conference.

The Tribunal holds a hearing on jurisdiction and liability with the parties by video conference.

Each party files a post-hearing brief.

The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.

The Respondent files observations on the Claimant’s request of September 20, 2022.

The Tribunal decides on the admissibility of new evidence.

Each party files a submission on costs.