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U.S. Department of State

Diplomacy in Action

Apotex Holdings Inc. and Apotex Inc. v. United States of America


Apotex Holdings Inc. and Apotex Inc., Canadian companies in the pharmaceutical industry, have filed claims under the ICSID Additional Facility Rules for alleged injuries arising out of Import Alerts issued by the U.S. Food and Drug Administration concerning two of Apotex’s Canadian manufacturing facilities. Apotex seeks at least $520 million in damages for alleged violations of NAFTA Articles 1102 (national treatment), 1103 (most favored nation treatment), and 1105 (minimum standard of treatment).


-03/06/12   Notice of Arbitration
-07/24/12   First Procedural Order (finalized on 11/29/2012)
-07/30/12   Claimants' Memorial
-10/29/12   Procedural Order Regarding the Schedule of the Proceeding
-12/14/12   U.S. Counter-Memorial and Objections to Jurisdiction
-12/28/12   Claimants' Opposition to Bifurcation
-01/10/13   U.S. Reply on Bifurcation
-01/16/13   Claimants' Rejoinder on Bifurcation
-01/25/13   Procedural Order Deciding Bifurcation and Non-Bifurcation
-02/08/13   Mexico Article 1128 Submission
-03/04/13   Procedural Order on the participation of applicant Mr. Barry Appleton as a non-disputing party
-03/04/13   Procedural Order on the participation of applicant BNM as a non-disputing party
-03/29/13   Procedural Order on the Parties' Respective Requests for Document Production
-05/14/13   Procedural Order on the Schedule Regarding the Parties' Respective Privilege Logs, Further Submissions, and Certifications
-05/24/13   Claimants' Reply
-07/05/13   Procedural Order on Document Production Regarding the Parties' Respective Claims to Privilege and Privilege Logs
-07/22/13   Claimants' Supplement to Reply
-09/27/13   U.S. Rejoinder on Merits
-10/18/13   Claimants' Rejoinder on Jurisdiction
-11/18/13   Transcript of Hearing on Jurisdiction and the Merits - Day 1
-11/19/13   Transcript of Hearing on Jurisdiction and the Merits - Day 2
-11/20/13   Transcript of Hearing on Jurisdiction and the Merits - Day 3
-11/21/13   Transcript of Hearing on Jurisdiction and the Merits - Day 4
-11/22/13   Transcript of Hearing on Jurisdiction and the Merits - Day 5
-11/25/13   Transcript of Hearing on Jurisdiction and the Merits - Day 6
-11/26/13   Transcript of Hearing on Jurisdiction and the Merits - Day 7
-08/25/14   Award
-08/27/14  NAFTA Tribunal Dismisses Apotex Claims; Office of the Spokesperson; Washington, DC

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