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EWG challenged such resolution, arguing that its notification was not lawful.
−Removed: The Tenth Civil Judge dismissed such challenge, and thereafter EWG filed a remedy against such dismissal, which remedy has not been resolved (notwithstanding that NSC appeared to vigorously oppose such remedy).
−Removed: Notwithstanding the resolution of the Tenth Civil Judge to move to arbitration, subparagraphs a) and b) that follow describe certain separate amparo claims, an appeal and an administrative act arising from or relating to such ordinary mercantile claim, all in chronological order.
−Removed: Due to the current global COVID-19 pandemic, most tribunals in Mexico have suspended their activities intermittently since March 2020, with certain such tribunals restarting activities in August 2020.
+Added: The Tenth Civil Judge dismissed such challenge, and thereafter EWG filed a remedy against such dismissal.
+Added: NSC appeared before the court to vigorously oppose such remedy, which has been dismissed.
+Added: To date, the referral to arbitration has not occurred and, as such, the procedure is currently suspended.
+Added: Notwithstanding the resolution of the Tenth Civil Judge to move to arbitration, subparagraphs a) through d) that follow describe certain separate amparo claims, and appeal remedies arising from or relating to such ordinary mercantile claim and amparo claims, all in chronological order.
+Added: Due to the current global COVID-19 pandemic, most tribunals in Mexico suspended their activities intermittently since March 2020, with certain such tribunals partially restarting on different dates and with different special rules.
As such, several resolutions are pending issuance.
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To this date, the resolution to this amparo claim has not been made public or communicated to NSC.
−Removed: However, from publicly available information it appears that the claim has been dismissed and, as such, the revocation of the preliminary relief is not affected.
+Added: However, from publicly available information it may be concluded that the claim has been dismissed by the amparo court, considering that public excerpts make reference to such dismissal.
+Added: If such dismissal has occurred, no public information evidences that EWG has filed a remedy against such dismissal.
+Added: As such, the revocation of the preliminary relief is not affected.
c) Amparo apparently filed by EWG against a resolution of the Tenth Civil Judge.
−Removed: In August 2021, counsel to NSC and AdR became aware, from publicly available information of Mexican Federal courts, of an amparo claim filed by EWG, against a certain resolution of the Tenth Civil Judge within the mentioned ordinary mercantile claim.
−Removed: However, to date, neither NSC nor AdR have been notified of this amparo claim and, as such, it is not clear if they are parties to it.
−Removed: Further, no additional information on this claim, its scope or potential consequences, if any, is available.
−Removed: In the event that NSC and/or AdR are named parties to this claim, they plan to vigorously oppose to it.
+Added: In August 2021, counsel to NSC and AdR became aware, from publicly available information of Mexican Federal courts, of an amparo claim filed by EWG, against the resolution of the Tenth Civil Judge dismissing the remedy filed by EWG against the October 1, 2021 resolution within the mentioned ordinary mercantile claim.
+Added: NSC has filed before the corresponding amparo court a writ vigorously opposing this claim.
+Added: Within this amparo claim, the Third District Court in Tijuana granted a suspension in favor of EWG, merely for the effect of holding in place the referral to arbitration subject matter of the October 1, 2021 resolution mentioned above.
+Added: Such suspension was conditioned on the posting of a guarantee in the amount of 50,000 Mexican pesos which, as of the date hereof, has not been posted.
+Added: Regardless of the effects of the suspension and the lack of the posting of a guarantee, in September 2021, NSC filed an appeal remedy against its granting.
+Added: Recently, AdR was notified of this claim.
+Added: However, considering that NSC has vigorously opposed it, and that AdR is a third party with interest, it is not necessary for AdR to appear before the court for this claim and submit arguments against EWG.
+Added: To date, CW-Cooperatief has not been notified of this amparo claim.
+Added: Further, a final hearing on the main merits of the claim, as well as on the arguments filed by the parties has been deferred on several occasions.
+Added: The next scheduled date for such hearing is December 15, 2021.
+Added: d) Appeal filed by NSC against the suspension granted in favor of EWG.
+Added: The appeal remedy mentioned in the second paragraph of item c) immediately above was admitted by the superior court on October 18, 2021 and is still pending to be resolved.
Notwithstanding the resolution to move to arbitration mentioned previously, CW-Cooperatief has not been officially served with the ordinary mercantile claim, and AdR has not been notified that it has to appear for such trial.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.