Case Details

Eutelsat S.A. v. United Mexican States (ICSID Case No. ARB(AF)/17/2)

Subject of Dispute:

Telecommunications concession
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Mexico - France 1998
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Eutelsat S.A. (French)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

August 16, 2017
Date of Constitution of Tribunal:

June 8, 2018

Composition of Tribunal

President:

Alfredo BULLARD (Peruvian) - Appointed by the Parties
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Marcelo G. KOHEN (Argentine) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Alfredo BULLARD (Peruvian) - Appointed by the Parties
Arbitrators:

Francisco ORREGO VICUÑA (Chilean) - Appointed by the Claimant(s)
Marcelo G. KOHEN (Argentine) - Appointed by the Respondent(s)
Reconstituted:

August 21, 2018: Guido Santiago TAWIL (Portuguese ,Argentine) appointed following the resignation of Francisco ORREGO VICUÑA (Chilean)

Party Representatives

Claimant(s):

Holland & Knight, Mexico City, Mexico
Secretary General and General Counsel, Eutelsat S.A., Paris, France
Respondent(s):

Subsecretaría de Comercio Exterior, Dirección General de Consultoría de Comercio Internacional, Secretaría de Economía, Ciudad de México, México
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 15, 2021 - The Tribunal renders its Award.

(a) Original Proceeding

Published Decisions

Excerpts of the Award

Available on the ICSID Website

Excerpts of the Award (September 15, 2021) Spanish (Original)

(a) Original Proceeding

Date	Development
August 16, 2017	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
December 16, 2017	Following appointment by the Claimant, Francisco Orrego Vicuña (Chilean) accepts his appointment as arbitrator.
January 11, 2018	Following appointment by the Respondent, Marcelo Kohen (Argentine) accepts his appointment as arbitrator.
June 6, 2018	Following appointment by the Parties, Alfredo Bullard (Peruvian) accepts his appointment as presiding arbitrator.
June 8, 2018	The Tribunal is constituted in accordance with Article 6(3) of the Additional Facility Rules. Its members are: Alfredo Bullard (Peruvian), President, appointed by agreement of the Parties; Francisco Orrego Vicuña (Chilean), appointed by the Claimant; and Marcelo Kohen (Argentine), appointed by the Respondent.
July 12, 2018	The Tribunal holds a first session by telephone conference.
August 1, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 6, 2018	The Tribunal consents to the resignation of arbitrator Francisco Orrego Vicuña pursuant to Article 14(3) of the Additional Facility Rules and the Secretary-General notifies the parties thereof.
August 6, 2018	Following the resignation of arbitrator Francisco Orrego Vicuña, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to Article 16(2) of the Additional Facility Rules
August 21, 2018	Following the resignation of Francisco Orrego Vicuña (Chilean), Guido Santiago Tawil (Argentine) appointed by the Claimant, accepts his appointment as arbitrator in accordance with Article 17(1) of the Arbitration (Additional Facility) Rules.
August 21, 2018	The Tribunal is reconstituted. Its members are Alfredo Bullard (Peruvian), President, appointed by agreement of the parties; Guido Santiago Tawil (Argentine), appointed by the Claimant in accordance with Article 17(1) of the Arbitration (Additional Facility) Rules; and Marcelo Kohen (Argentine) appointed by the Respondent. The proceeding is resumed pursuant to Article 18 of the Arbitration (Additional Facility) Rules.
September 7, 2018	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
January 9, 2019	The Claimant files a memorial on the merits.
June 11, 2019	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
July 19, 2019	The Respondent files a counter-memorial on the merits.
September 18, 2019	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
October 10, 2019	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
October 14, 2019	The Tribunal issues Procedural Order No. 5 concerning production of documents.
February 4, 2020	The Claimant files a reply on the merits.
May 25, 2020	The Respondent files a rejoinder on the merits.
June 8, 2020	The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.
August 5, 2020	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
August 17, 2020	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
August 25, 2020	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
September 2, 2020 - September 4, 2020	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
September 7, 2020 - September 9, 2020	The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference.
September 15, 2020	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
December 23, 2020	Each party files a post-hearing brief.
January 6, 2021	The Tribunal issues procedural order No. 11 concerning the admissibility of a new document.
January 14, 2021	Each party files a submission on costs.
August 26, 2021	The Tribunal declares the proceeding closed in accordance with Article 44(1) of the ICSID Arbitration (Additional Facility) Rules.
September 15, 2021	The Tribunal renders its Award.