Case Details

Corn Products International, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/1)

Subject of Dispute:

Soft drink sweetener production enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Corn Products International, Inc. (U.S.)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

January 26, 2004
Date of Constitution of Tribunal:

April 28, 2004

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Secretary-General
Arbitrators:

Andreas F. LOWENFELD (U.S.) - Appointed by the Claimant(s)
Jesus SERRANO DE LA VEGA (Mexican) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Christopher GREENWOOD (British)
Arbitrators:

Andreas F. LOWENFELD (U.S.)
Manuel E. TRON (Mexican)
Reconstituted:

July 13, 2004: Jesus SERRANO DE LA VEGA (Mexican) appointed following the resignation of Manuel E. TRON (Mexican)

Party Representatives

Claimant(s):

Steptoe & Johnson, Washington, D.C., U.S.A.
Respondent(s):

Dirección General de Consultoría Jurídica de Negociaciones, Secretaría de Economía, Mexico City, Mexico
James R. Crawford, London, U.K.
Pillsbury, Winthrop, Shaw and Pittman, Washington, D.C.
Thomas and Partners, Vancouver, Canada
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 18, 2009 - The Tribunal renders its award.

(b) Consolidation Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

September 8, 2004 (Respondent(s))
Date of Constitution of Tribunal:

January 7, 2005

Composition of Tribunal

President:

Bernardo M. CREMADES (Spanish) - Appointed by the Parties
Arbitrators:

Arthur W. ROVINE (U.S.) - Appointed by the Parties
Eduardo SIQUEIROS T (Mexican) - Appointed by the Parties

Party Representatives

Claimant(s):

Akin Gump Strauss Hauer & Feld, Washington, D.C., U.S.A.
Miller & Chevalier Chartered, Washington, D.C., U.S.A.
Sidley Austin Brown & Wood, Washington, D.C., U.S.A.
Respondent(s):

Dirección General de Consultoría Jurídica de Negociaciones, Secretaría de Economía, Mexico City, Mexico
Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Thomas & Partners, Vancouver, Cananda
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 20, 2005 - The Consolidation Tribunal issues an order on the question of consolidation.

(c) Correction and Interpretation Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

October 1, 2009 (Claimant(s))

Party Representatives

Claimant(s):

Steptoe & Johnson, Washington, D.C., U.S.A.
Respondent(s):

Dirección General de Consultoría Jurídica de Negociaciones, Secretaría de Economía, Mexico City, Mexico
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 23, 2010 - The Tribunal issues a decision on correction and interpretation.

(a) Original Proceeding

Published Decisions

Decision on Responsibility (redacted version)

Separate Opinion (Attached to the Decision on Responsibility)

Available on the ICSID Website

Decision on Responsibility (redacted version) (January 15, 2008) English (Original); Spanish (Original)

Separate Opinion (Attached to the Decision on Responsibility) (January 15, 2008) English (Original); Spanish (Original)

(b) Consolidation Proceeding

Published Decisions

Introductory Note

Order of the Consolidation Tribunal of May 20, 2005, [English original] 21 ICSID Rev.—FILJ 364 (2006); [Spanish original] 21 ICSID Rev.—FILJ 372 (2006).

Available on the ICSID Website

Introductory Note (May 20, 2005)

Order of the Consolidation Tribunal (May 20, 2005) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
January 26, 2004	The Secretary-General registers a request for the institution of arbitration proceedings.
April 28, 2004	The Tribunal is constituted. Its members are: Christopher J. Greenwood (British), President; Andreas F. Lowenfeld (U.S.); and Manuel E. Tron (Mexican).
July 13, 2004	The Tribunal is reconstituted following the resignation of Manuel E. Tron (Mexican). Its members are: Christopher J. Greenwood (British), President; Andreas F. Lowenfeld (U.S.); and Jesús Serrano de la Vega (Mexican).
September 16, 2004	The Tribunal holds its first session in London.
March 29, 2005	The Tribunal issues a procedural order fixing a schedule for the parties' written submissions on the merits.
April 11, 2005	The parties file their submissions on the Respondent's request for consolidation.
April 11, 2005	The Claimant files its memorial on the merits.
August 20, 2005	The Tribunal issues a procedural order concerning the production of documents.
September 20, 2005	The Respondent files a counter-memorial on issues of state responsibility.
October 27, 2005	The Claimant files a reply on issues of state responsibility.
December 12, 2005	The Respondent files a rejoinder on issues of state responsibility.
June 28, 2006	After considering the parties' observations, the Tribunal issues its final decision regarding certain disclosures and issues of state responsibility.
July 10, 2006 - July 13, 2006	The Tribunal holds a hearing on issues of state responsibility in Washington, D.C.
September 20, 2007	The Tribunal issues a procedural order concerning procedural matters.
December 18, 2007	The Tribunal issues a procedural order concerning the procedural calendar.
January 14, 2008	The Tribunal issues Procedural Order No. 8 concerning the procedural calendar for the damages phase.
January 15, 2008	The Tribunal issues a decision on liability, to which a separate opinion is attached.
February 4, 2008	The Claimant files a memorial on quantum.
February 17, 2008	The Respondent files a request for production of documents.
May 12, 2008	The Tribunal issues a procedural order concerning a request for production of documents.
May 14, 2008	The Respondent files its counter-memorial on quantum.
June 27, 2008	The Tribunal issues a procedural order concerning the admissibility of evidence.
July 17, 2008	The Tribunal issues a procedural order concerning the hearing on quantum.
July 21, 2008 - July 24, 2008	The Tribunal holds a hearing on quantum in Washington, D.C.
August 9, 2008	The Tribunal issues a procedural order concerning post-hearing briefs.
September 11, 2008	The Tribunal issues a further procedural order concerning post-hearing briefs.
September 29, 2008	The parties file post-hearing briefs.
October 17, 2008	The Tribunal issues a procedural order concerning the parties' reply post-hearing briefs.
October 31, 2008	The parties file reply post-hearing briefs.
December 4, 2008	The Respondent files a statement of costs.
December 5, 2008	The Claimant files a statement of costs.
December 19, 2008	The Claimant files a revised statement of costs.
January 13, 2009	The Respondent files a revised statement of costs.
August 7, 2009	The Tribunal declares the proceeding closed in accordance with Article 44(1) of the ICSID Arbitration (Additional Facility) Rules.
August 18, 2009	The Tribunal renders its award.

(b) Consolidation Proceeding

Date	Development
September 8, 2004	The Respondent files a request for consolidation pursuant to NAFTA Article 1126.
February 24, 2005	A Consolidation Tribunal is established in accordance with NAFTA Article 1126. Its members are: Bernardo M. Cremades (Spanish), President; Arthur W. Rovine (U.S.); and Eduardo Siqueiros (Mexican).
April 11, 2005	The parties file their submissions on the Respondent's request for consolidation.
April 18, 2005	The Consolidation Tribunal holds a hearing on the question of consolidation in Washington, D.C.
May 20, 2005	The Consolidation Tribunal issues an order on the question of consolidation.

(c) Correction and Interpretation Proceeding

Date	Development
October 1, 2009	The Claimant files a request for correction and interpretation of the award.
November 7, 2009	The Tribunal issues a procedural order concerning the procedural calendar.
November 12, 2009	The Claimant files a request for clarification of the Tribunal's procedural order of November 7, 2009.
November 13, 2009	The Tribunal issues a procedural order concerning the Claimant's request for clarification of the Tribunal's procedural order of November 7, 2009.
November 17, 2009	The Respondent files a request for clarification of the Tribunal's procedural order of November 7, 2009
November 25, 2009	The Respondent files a response to the Claimant’s request for correction and interpretation of the award of October 1, 2009.
December 4, 2009	The Claimant files observations on the Respondent’s response of November 25, 2009.
December 14, 2009	The Respondent files a response to the Claimant's observations of December 4, 2009.
March 23, 2010	The Tribunal issues a decision on correction and interpretation.