Case Details

América Móvil S.A.B. de C.V. v. Republic of Colombia (ICSID Case No. ARB(AF)/16/5)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

FTA México-Colombia
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

América Móvil S.A.B. de C.V. (Mexican)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

October 3, 2016
Date of Constitution of Tribunal:

July 7, 2017

Composition of Tribunal

President:

Luca G. RADICATI DI BROZOLO (British, Italian) - Appointed by the Secretary-General
Arbitrators:

José A. MARTÍNEZ DE HOZ (Argentine) - Appointed by the Claimant(s)
Rodrigo OREAMUNO (Costa Rican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Aziz & Kaye, Mexico City, Mexico
Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Lloreda, Camacho & Co., Bogota, Colombia
Respondent(s):

Dechert, Washington, D.C., U.S.A. and Paris, France
Agencia Nacional de Defensa Jurídica del Estado
Prof. Pierre Mayer, Paris, France
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 7, 2021 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator José A. Martínez de Hoz.

(a) Original Proceeding

Published Decisions

Laudo (Spanish;)

(a) Original Proceeding

Date	Development
October 3, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
December 14, 2016	Following appointment by the Claimant, José A. Martínez de Hoz (h.) (Argentine) accepts his appointment as arbitrator.
January 4, 2017	Following appointment by the Respondent, Rodrigo Oreamuno (Costa Rican) accepts his appointment as arbitrator.
July 7, 2017	Following appointment by the Secretary-General pursuant to the parties’ agreement, Luca G. Radicati di Brozolo (British/Italian), accepts his appointment as presiding arbitrator.
July 7, 2017	The Tribunal is constituted in accordance with Article 6(3) of the Additional Facility Rules. Its members are: Luca G. Radicati di Brozolo (British/Italian), President, appointed by the Secretary-General pursuant to the parties' agreement; José A. Martínez de Hoz (Argentine), appointed by the Claimant; and Rodrigo Oreamuno Blanco (Costa Rican), appointed by the Respondent.
September 11, 2017	The Tribunal holds a first session by telephone conference.
September 13, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 20, 2017	The Claimant files a memorial on the merits.
February 6, 2018	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
March 12, 2018	The Claimant files a response to the request to address the objections to jurisdiction as a preliminary question.
April 11, 2018	The Tribunal issues Procedural Order No. 2 concerning the objections to jurisdiction as a preliminary question and procedural calendar.
May 23, 2018	The Tribunal issues Procedural Order No. 3 on a modified timetable.
July 30, 2018	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
August 21, 2018	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
October 10, 2018	Following exchanges between the parties, the Parties file a request for the Tribunal to decide on production of documents.
November 14, 2018	The Tribunal issues Procedural Order No. 5 concerning production of documents.
April 6, 2019	The Claimant files a reply on the merits and counter-memorial on jurisdiction.
August 5, 2019	The Respondent files a rejoinder on the merits and reply on jurisdiction.
October 4, 2019	The Claimant files a rejoinder on jurisdiction.
October 16, 2019	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 22, 2019	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
October 28, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new documents.
November 1, 2019	The Claimant files observations on the Respondent’s request of October 28, 2019.
November 3, 2019	The Respondent files a response to the Claimant’s observations of November 1, 2019.
November 5, 2019	The Tribunal decides on the admissibility of new documents.
November 17, 2019 - November 22, 2019	The Tribunal holds a hearing on jurisdiction and the merits in Washington D.C.
March 2, 2020	Each party files a post-hearing brief.
April 24, 2020	Each party files a statement of costs.
February 22, 2021	The Tribunal declares the proceeding closed in accordance with Article 44(1) of the ICSID Arbitration (Additional Facility) Rules.
May 7, 2021	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator José A. Martínez de Hoz.