Metalclad Corporation v. Mexico, ICSID Case No. ARB(AF)/97/1 (NAFTA), Decision by the Tribunal on a request of the Claimant concerning the filing of the Respondent's Counter-Memorial and its annexes in ICSID Case ARB(AF)/97/1
The Tribunal has received from the Claimant a letter dated February 20, 1998 (subsequently supplemented by a later dated February 23, 1998) complaining of failure of the Respondent to file with its Memorial on the due date translations into English of all pertinent documents. The Claimant requested that "the Respondent's counter-memorial should be declared late, incomplete and not accepted" and "[a]t the very least, all of the annexes (other than Annex One, which contained in both the English and Spanish versions of the first volume of the counter-memorial), should be disregarded since they have not been fully and timely filed." The Claimant invokes Article 33 of the Arbitration (Additional Facility) Rules ("the Arbitration Rules").