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Corn Products v. Mexico

Corn Products International, Inc. v. United Mexican States, ICSID Case No. ARB(AF)/04/1
Nature of the proceedings:
International
Type of case:
Investor-State
Economic sectors:
Manufacturing
Manufacture of food products
Electricity, gas, steam and air conditioning supply (energy)
Electricity, gas, steam and air conditioning supply (energy)
Date of introduction:
21 Oct 2003
Status of the case:
Decided in favor of investor
Claimant’s country of origin:
United States
Respondent:
Mexico
Institution:
ICSID (International Centre for Settlement of Investment Disputes)
Rules of arbitration:
Seat of arbitration:
Toronto
Applicable treaties:
NAFTA

Documents of the case

profile picture Christopher John Greenwood President
profile picture Jesus Serrano de la Vega Appointed by the State
profile picture Andreas F. Lowenfeld Appointed by the investor

Lawyers, other representatives, expert(s), tribunal’s secretary

    Procedural Order No. 1 (Appointment of New Arbitrator)

    1.
    By a letter dated May 3rd, 2004, Mr Manuel Tron resigned as a Member of the Arbitration Tribunal constituted to hear this case. After consulting the Parties, the Tribunal has decided to accept Mr Tron’s resignation in accordance with Article 14(3) of the ICSID Additional Facility Rules.
    2.
    In accordance with Article 17(1) of the ICSID Additional Facility Rules, the vacancy created by Mr Tron’s resignation “shall be promptly filled by the same method by which his appointment had been made”. Since Mr Tron had been nominated by the Respondent, it is therefore for the Respondent to nominate a new member of the Tribunal to fill the vacancy.
    3.
    The Tribunal considers that the requirement of promptness in Article 17(1) means that the vacancy should be filled within forty-five days of the resignation being notified. Since the resignation was notified on May 3rd 2004, the vacancy should therefore be filled by June 17th at the latest.
    4.
    Accordingly, the Tribunal considers that the respondent should file its nomination with the Center by June 17th, 2004.
    Dear Madam and Sirs,

    In the absence of Gonzalo Flores from the office, please find attached a copy of Mr. Flores’ email to the parties of May 21, 2004, attaching an unsigned copy of the Tribunal’s Procedural Order No. 1, as requested by counsel for the Claimant in our telephone conversation of today’s date.

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