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Diplomacy in Action

Apotex Inc. v. United States of America

Apotex Inc., a Canadian pharmaceuticals corporation, alleges that U.S. courts and administrative agencies committed errors in interpreting federal law, and that such errors are in violation of NAFTA Article 1102 (national treatment) and Article 1105 (minimum standard of treatment under international law). Apotex also alleges that the challenged U.S. court and agency decisions expropriated Apotex’s investments under NAFTA Article 1110.

On June 14, 2013, the Tribunal issued an Award on Jurisdiction and Admissibility, dismissing all of the claims and ordering Apotex to pay the United States' legal fees and arbitral expenses. The Award and other documents appear on this page.

-08/27/14  NAFTA Tribunal Dismisses Apotex Claims; Office of the Spokesperson; Washington, DC
-06/14/13   Award on Jurisdiction and Admissibility
-02/16/12   Transcript of the Hearing on Preliminary Issues -- Day Two
-02/15/12   Transcript of the Hearing on Preliminary Issues -- Day One (redacted)
-12/16/11   Apotex Rejoinder on Objections to Jurisdiction
-10/17/11   U.S. Reply on Objections to Jurisdiction
-10/11/11   Procedural Order No. 2
-08/01/11   Apotex Counter-Memorial to Objections to Jurisdiction
-05/16/11   U.S. Objections to Jurisdiction
-03/15/11   Statement of Defense
-01/17/11   Statement of Claims
-12/16/10   Procedural Order No. 1
-11/12/10   U.S. Submission in Opposition to a Stay
-10/29/10   Claimant's Submission in Support of a Stay
-10/15/10   Letter to Parties Regarding the Procedural Meeting
-08/10/10   Joint Letter to the Tribunal
-06/04/09   Notice of Arbitration


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