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)
Date Registered:

April 5, 2019
Date of Constitution of Tribunal:

March 3, 2020

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:

Pending
Latest Development:

November 30, 2022 - Each party files a submission on costs.

(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
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.