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