Disclosure in international arbitration: text messages, WhatsApp messages, Skype calls and audio recordings

The arbitral tribunal in Amerra Capital Management LLC and others v. United Mexican States (ICSID Case No. UNCT/23/1) recently issued a procedural order in relation to document production.

The case is a pending legacy NAFTA claim in which the investors assert that Mexico breached the fair and equitable treatment provisions of NAFTA and expropriated their investments, taking the form of two mortgages on real estate in the State of Sinaloa.

In its Procedural Order No. 5 (made public on 11 June 2024), the arbitral tribunal, consisting of Professor Albert Jan van den Berg (presiding arbitrator), Mr Eduardo Siqueiros T. and Professor Jorge Viñuales indicated that the production of relevant documents extended to the production of relevant text messages and audio recordings. Continue reading “Disclosure in international arbitration: text messages, WhatsApp messages, Skype calls and audio recordings”

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