Case Details

Odyssey Marine Exploration, Inc. v. United Mexican States (ICSID Case No. UNCT/20/1)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

UNCITRAL

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Odyssey Marine Exploration, Inc. (U.S.)
Respondent(s):

United Mexican States (Mexican)

Composition of Tribunal

President:

Felipe BULNES SERRANO (Chilean) - Appointed by the Parties
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

Party Representatives

Claimant(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.
Respondent(s):

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.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 17, 2024 -
The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Philippe Sands.

(b) Interpretation Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)

Party Representatives

Claimant(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.
Respondent(s):

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.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 16, 2024 - The Tribunal issues a decision on the interpretation of the award.

(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

Respondent's Rejoinder

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

Procedural Order No. 7

Procedural Order No. 8

Claimant’s Post-Hearing Brief

Respondent’s Post-Hearing Brief

Award

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)

Respondent's Rejoinder (October 19, 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)

Procedural Order No. 7 (December 20, 2021) English (Original); Spanish (Original)

Procedural Order No. 8 (January 14, 2022) 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)

Award (September 17, 2024) English (Original); Spanish (Original)

(b) Interpretation Proceeding

Published Decisions

Decision on the Interpretation of the Award

Available on the ICSID Website

Decision on the Interpretation of the Award (December 16, 2024) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
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 30, 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.
September 17, 2024	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Philippe Sands.

(b) Interpretation Proceeding

Date	Development
October 16, 2024	The Respondent files a request for interpretation of the award.
October 21, 2024	The Claimant files observations on the Respondent’s request for interpretation of October 16, 2024.
October 30, 2024	The Respondent files a response on the Claimant’s observations of October 21, 2024.
November 10, 2024	The Claimant files further observations on the Respondent’s response of October 30, 2024.
December 16, 2024	The Tribunal issues a decision on the interpretation of the award.