Case Details

Abengoa, S.A. y COFIDES, S.A. v. United Mexican States (ICSID Case No. ARB(AF)/09/2)

Subject of Dispute:

Waste disposal enterprise
Economic Sector:

Water, Sanitation & Flood Protection
Instrument(s) Invoked:

BIT Spain - Mexico 2006
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Abengoa, S.A. (Spanish), COFIDES, S.A. (Spanish)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

December 11, 2009
Date of Constitution of Tribunal:

August 16, 2010

Composition of Tribunal

President:

Alexis MOURRE (French) - Appointed by the Parties
Arbitrators:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Claimant(s)
Eduardo SIQUEIROS T (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Solorzano, Carvajal, Gonzalez y Perez Correa, Mexico City, Mexico
Respondent(s):

Consultoría Jurídica de Negociaciones Secretaría de Economía, Mexico City, Mexico
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 18, 2013 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award - Spanish (Original) (April 18, 2013)

(a) Original Proceeding

Date	Development
December 11, 2009	The Secretary-General registers a request for the institution of arbitration proceedings.
August 16, 2010	The Tribunal is constituted. Its members are: Alexis Mourre (French), President; Juan Fernández-Armesto (Spanish); and Eduardo T. Siqueiros (Mexican).
September 28, 2010	The Tribunal holds a first session by telephone conference.
March 4, 2011	The Claimants file a memorial on the merits.
March 29, 2011	The Respondent files a request for production of documents.
April 5, 2011	The Claimants file observations on the Respondent’s request for production of documents.
April 12, 2011	The Respondent files a response to the Claimants’ observations of April 5, 2011.
May 4, 2011	The Tribunal issues a procedural order concerning production of documents.
May 23, 2011	The Claimants file an additional claim.
June 3, 2011	The Claimants file a request for provisional measures.
June 6, 2011	The Respondent files observations on the Claimants’ request for provisional measures.
June 9, 2011	The Tribunal issues a decision on provisional measures.
June 21, 2011	The Claimants file a further request for provisional measures.
June 30, 2011	The Respondent files observations on the Claimants' further request for provisional measures.
July 13, 2011	The Tribunal issues a procedural order concerning provisional measures.
September 5, 2011	The Claimants file a second additional claim.
November 1, 2011	The Respondent files a counter-memorial on the merits
November 22, 2011	The Claimants file a request for the Tribunal to decide on production of documents.
November 29, 2011	The Respondent files observations on the Claimants' request for the Tribunal to decide on production of documents.
December 6, 2011	The Claimants file a response to the Respondent's observations of November 29, 2011.
December 13, 2011	The Tribunal issues a procedural order concerning production of documents.
February 20, 2012	The Claimants file a reply on the merits.
February 29, 2012	The Respondent files a request for the Tribunal to decide on production of documents.
March 5, 2012	The Claimants file observations on the Respondent's request for the Tribunal to decide on production of documents.
March 13, 2012	The Respondent files a response to the Claimants´ observations of March 5, 2012.
March 13, 2012	The Claimants files observations on the Respondent's response of March 13, 2012.
March 23, 2012	The Tribunal issues Procedural Order No. 5 concerning production of documents.
May 1, 2012	The Respondent files a rejoinder on the merits.
May 3, 2012	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
June 25, 2012 - June 29, 2012	The Tribunal holds a hearing on jurisdiction and merits in Washington DC.
September 15, 2012	The Claimants file a post-hearing brief.
November 19, 2012	Each party files a submission on costs.
January 15, 2013	The Claimants file an additional post-hearing brief.
March 1, 2013	The Tribunal declares the proceeding closed in accordance with Article 44 of the ICSID Arbitration (Additional Facility) Rules.
April 18, 2013	The Tribunal renders its award.