Case Details

Telefónica S.A. v. United Mexican States (ICSID Case No. ARB(AF)/12/4)

Subject of Dispute:

Telecommunications services
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Spain - Mexico 2006
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Telefónica S.A. (Spanish)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

June 21, 2012
Date of Constitution of Tribunal:

December 6, 2012

Composition of Tribunal

President:

Eduardo ZULETA (Colombian) - Appointed by the Parties
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Parties
Ricardo RAMÍREZ HERNÁNDEZ (Mexican) - Appointed by the Parties

Party Representatives

Claimant(s):

Jones Day, Mexico City, Mexico
Holland & Knight, Mexico City, Mexico
Respondent(s):

Dirección General de Consultoría Jurídica de Negociaciones, Subsecretaría de Comercio Exterior, Secretaría de Economía, Mexico City, Mexico
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 20, 2018 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to Article 49(1) of the Arbitration (Additional Facility) Rules.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1 and Partial Dissenting Opinion by Arbitrator Ricardo Ramírez Hernández

Order of Discontinuance

Available on the ICSID Website

Procedural Order No. 1 and Partial Dissenting Opinion by Arbitrator Ricardo Ramírez Hernández (July 8, 2013) Spanish (Original)

Order of Discontinuance (February 20, 2018) Spanish (Original)

(a) Original Proceeding

Date	Development
June 21, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
December 6, 2012	The Tribunal is constituted in accordance with Article 6(3) of the Arbitration (Additional Facility) Rules. Its members are: Eduardo Zuleta (Colombian), President; Horacio Grigera Naón (Argentine); and Ricardo Ramírez Hernández (Mexican), all appointed by agreement of the parties.
May 14, 2013	The Tribunal holds a first session by telephone conference.
July 8, 2013	The Tribunal issues Procedural Order No. 1; attached to the Procedural Order is a partial dissenting opinion by arbitrator Ricardo Ramírez Hernández.
September 20, 2013	The Claimant files a memorial on the merits.
November 4, 2013	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
November 26, 2013	The Tribunal issues a decision on production of documents.
March 1, 2014	The Respondent files a counter-memorial on the merits.
March 28, 2014	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
April 14, 2014	The Tribunal issues a decision on production of documents.
May 15, 2014	The Tribunal issues a decision on production of documents.
May 28, 2014	The Tribunal issues a decision on production of documents.
June 6, 2014	The Tribunal issues a decision on production of documents.
June 26, 2014	The Claimant files a reply on the merits.
July 9, 2014	The Tribunal issues a decision on procedural matters.
July 30, 2014	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
August 12, 2014	The Tribunal issues a decision on production of documents.
September 15, 2014	The Tribunal issues a decision on production of documents.
October 2, 2014	The Tribunal issues a decision on production of documents and the procedural calendar.
October 17, 2014	The Respondent files a rejoinder on the merits.
November 21, 2014	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
December 2, 2014	The Tribunal issues a decision on production of documents.
December 22, 2014	The Tribunal issues a decision on production of documents.
February 3, 2015	The Tribunal issues a decision on production of documents and other procedural matters.
March 5, 2015	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
April 6, 2015	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
April 21, 2015	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
May 6, 2015	The Respondent files observations on the Claimant’s request of April 21, 2015.
May 13, 2015	The Claimant files a counter-memorial on jurisdiction.
May 14, 2015	The Tribunal issues a decision on the admissibility of new evidence.
May 21, 2015	The Claimant introduces new evidence.
June 18, 2015	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 24, 2015	The Claimant files observations on the Respondent’s request of June 18, 2015.
July 13, 2015	The Tribunal issues Procedural Order No. 4 concerning the admissibility of new evidence and other procedural matters.
July 28, 2015	Both parties introduce new evidence.
August 18, 2015	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
August 24, 2015	The Claimant files observations on the Respondent’s request of August 18, 2015.
August 27, 2015	The Tribunal decides on the admissibility of new evidence. The Claimant files an expert report on quantum.
September 3, 2015	The Respondent introduces new evidence.
September 4, 2015	The Respondent files observations on the Claimant’s expert report on quantum.
September 14, 2015	The Claimant files a response to the Respondent’s observations of September 4, 2015.
September 22, 2015	The Claimant files a request for a ruling by the Tribunal on status quo.
September 28, 2015	The Respondent files observations on the Claimant’s request of September 22, 2015.
October 1, 2015	The Tribunal issues Procedural Order No. 5 concerning the Claimant’s expert report on quantum and other procedural matters.
October 16, 2015	The Tribunal issues a decision on the Claimant’s request of September 22, 2015.
October 29, 2015	The Respondent files an expert report on quantum.
November 19, 2015	The Tribunal issues Procedural Order No. 6 concerning production of documents and other procedural matters.
December 4, 2015	The Parties file additional submissions on quantum.
January 5, 2016	The Tribunal issues Procedural Order No. 7 concerning production of documents.
March 18, 2016	The proceeding is suspended until September 16, 2016, pursuant to the parties’ agreement.
September 19, 2016	The suspension of the proceeding is extended until March 16, 2017 pursuant to the parties’ agreement.
September 15, 2017	The proceeding is suspended until January 15, 2018, pursuant to the parties’ agreement.
January 16, 2018	The parties file a request for the discontinuance of the proceeding pursuant to Article 49(1) of the Arbitration (Additional Facility) Rules.
February 20, 2018	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to Article 49(1) of the Arbitration (Additional Facility) Rules.