Dissenting Opinion to Procedural Order No. 7 by Prof. Puig

Opening of the document

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES Legacy Vulcan, LLC United Mexican States (ICSID Case No. ARB/19/1) DISSENTING OPINION TO PROCEDURAL ORDER NO. 7 Prof. Sergio Puig, Arbitrator 1. I dissent from decision (b) in Procedural Order (“PO”) No. 7 because Claimant’s new claim: (I) is not within the scope of the consent of the Respondent under the NAFTA; and (II) does not arise directly out of the subject-matter of the dispute under the ICSID Convention. I. The Scope of Consent under the NAFTA a) General Aspects 2. The State Parties to the NAFTA (the “Parties”) agreed that compliance with certain procedural steps is necessary for a tribunal to have jurisdiction over “a claim …