Case Details
Espíritu Santo Holdings, LP and L1bre Holding, LLC v. United Mexican States (ICSID Case No. ARB/20/13)
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Telecommunications concession
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Information & Communication
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NAFTA (North American Free Trade Agreement)
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ICSID Convention - Arbitration Rules
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Espiritu Santo Holdings, LP (Canadian), L1bre Holding, LLC (U.S.)
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United Mexican States (Mexican)
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May 11, 2020
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January 27, 2021
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Eduardo ZULETA (Colombian) - Appointed by the Parties
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Charles PONCET (Swiss) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s) -
Hogan Lovells US, Miami, FL, U.S.A.
Freshfields US, New York, NY, U.S.A. -
Subsecretaría de Comercio Exterior, Dirección General de Consultoría Jurídica de Comercio Internacional, Secretaría de Economía, Ciudad de México, México
Pillsbury Law, Washington, D.C., U.S.A.
Tereposky & DeRose, Ottawa, Canada -
English,Spanish
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Pending
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October 2, 2024 - October 3, 2024 - The Tribunal holds a hearing on closing submissions by video conference.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Request for Arbitration
Procedural Order No. 1
Memorial on the Merits
Addendum to the Memorial on the Merits
Procedural Order No. 2
Counter Memorial on the Merits
Procedural Order No. 3
Procedural Order No. 4
Procedural Order No. 5
Procedural Order No. 6
Procedural Order No. 7
Reply on the Merits
Procedural Order No. 8
Procedural Order No. 9
Procedural Order No. 10
Article 1128 Submission of the United States of America
Article 1128 Submission of the Government of Canada
Rejoinder on the Merits
Procedural Order No. 11
Procedural Order No. 12
Procedural Order No. 13
Procedural Order No. 14
Procedural Order No. 15
Procedural Order No. 16
Available on the ICSID Website
Request for Arbitration (May 1, 2020) English (Original)
Procedural Order No. 1 (March 29, 2021) English (Original)
Memorial on the Merits (September 17, 2021) English (Original)
Addendum to the Memorial on the Merits (January 28, 2022) English (Original)
Procedural Order No. 2 (March 7, 2022) English (Original)
Counter Memorial on the Merits (May 13, 2022) Spanish (Original)
Procedural Order No. 3 (June 3, 2022) English (Original)
Procedural Order No. 4 (August 4, 2022) English (Original)
Procedural Order No. 5 (August 24, 2022) English (Original)
Procedural Order No. 6 (September 15, 2022) English (Original)
Procedural Order No. 7 (September 29, 2022) English (Original)
Reply on the Merits (November 4, 2022) English (Original)
Procedural Order No. 8 (November 5, 2022) English (Original)
Procedural Order No. 9 (November 15, 2022) English (Original)
Procedural Order No. 10 (January 27, 2023) English (Original)
Article 1128 Submission of the United States of America (March 21, 2023) English (Original)
Article 1128 Submission of the Government of Canada (March 21, 2023) English (Original)
Rejoinder on the Merits (March 7, 2023) Spanish (Original)
Procedural Order No. 11 (July 3, 2023) English (Original)
Procedural Order No. 12 (September 13, 2023) English (Original)
Procedural Order No. 13 (January 30, 2024) English (Original)
Procedural Order No. 14 (March 27, 2024) English (Original)
Procedural Order No. 15 (June 7, 2024) English (Original)
Procedural Order No. 16 (August 13, 2024) English (Original)
(a) Original Proceeding
Date | Development |
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May 11, 2020 | The Secretary-General registers a request for the institution of arbitration proceedings. |
August 4, 2020 | Following appointment by the Claimant, Charles Poncet (Swiss) accepts his appointment as arbitrator. |
August 4, 2020 | Following appointment by the Respondent, Raúl E. Vinuesa (Argentine/Spanish) accepts his appointment as arbitrator. |
January 27, 2021 | Following appointment by agreement of the parties, Eduardo Zuleta Jaramillo (Colombian) accepts his appointment as presiding arbitrator. |
January 27, 2021 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Eduardo Zuleta Jaramillo (Colombian), President, appointed by agreement of the parties; Charles Poncet (Swiss), appointed by the Claimant; and Raúl Emilio Vinuesa (Argentine/Spanish), appointed by the Respondent. |
March 11, 2021 | The Tribunal holds a first session by video conference. |
March 29, 2021 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
September 17, 2021 | The Claimant files a memorial on the merits. |
December 8, 2021 | The Respondent files a proposal for the disqualification of the Claimant’s expert. |
January 10, 2022 | The Claimant files observations on the proposal for disqualification. |
January 28, 2022 | The Claimants file an addendum to the memorial on the merits. |
January 31, 2022 | The Tribunal issues a decision on the Respondent’s proposal for the disqualification of the Claimant’s expert. |
March 7, 2022 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
March 17, 2022 | The Claimants file a request for provisional measures. |
April 25, 2022 | The Respondent files observations on the Claimants’ request for provisional measures dated March 17, 2022. |
May 5, 2022 | The Claimants file a response to the Respondent’s observations of April 25, 2022. |
May 13, 2022 | The Respondent files a counter-memorial on the merits. |
May 16, 2022 | The Respondent files a response to the Claimants' observations of May 5, 2022. |
June 3, 2022 | The Tribunal issues Procedural Order No. 3 concerning provisional measures. |
June 3, 2022 | Each party files a request for the Tribunal to decide on production of documents. |
July 1, 2022 | Each party files observations on the other party’s request for the Tribunal to decide on production of documents. |
July 22, 2022 | Each party files a response to the other party’s observations of July 2, 2022. |
August 4, 2022 | The Tribunal issues Procedural Order No. 4 concerning the production of documents. |
August 24, 2022 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
September 15, 2022 | The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
September 29, 2022 | The Tribunal issues Procedural Order No. 7 concerning procedural matters. |
October 24, 2022 | The Claimants file a request for the Tribunal to decide on production of documents. |
October 28, 2022 | The Respondent files observations on the Claimants' request for the Tribunal to decide on production of documents. |
November 2, 2022 | The Claimants file a response on the Respondent's observations of October 28, 2022. |
November 4, 2022 | The Claimants file a reply on the merits. |
November 5, 2022 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
November 5, 2022 | The Respondent files a response to the Claimants’ observations of November 2, 2022. |
November 15, 2022 | The Tribunal issues Procedural Order No. 9 concerning the production of documents. |
January 27, 2023 | The Tribunal issues Procedural Order No. 10 concerning transparency. |
March 8, 2023 | The Respondent files a rejoinder on the merits. |
March 21, 2023 | The Government of Canada and the United States of America file written submissions as Non-Disputing Parties pursuant to NAFTA Article 1128. |
April 4, 2023 | Each party files comments on the written submissions filed by the Non-Disputing Parties pursuant to NAFTA Article 1128. |
June 5, 2023 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
June 9, 2023 | The Respondent files observations on the Claimants’ request of June 5, 2023. |
June 13, 2023 | The Claimants file a response to the Respondent’s observations of June 9, 2023. |
June 16, 2023 | The Respondent files further observations on the Claimants’ response of June 13, 2023. |
July 3, 2023 | The Tribunal issues Procedural Order No. 11 concerning procedural matters. |
July 13, 2023 | The Claimants file a request for partial reconsideration of the Tribunal’s decision of July 3, 2023. |
September 5, 2023 | The President holds a pre-hearing organizational meeting with the parties by video conference. |
September 13, 2023 | The Tribunal issues Procedural Order No. 12 concerning procedural matters. |
January 30, 2024 | The Tribunal issues Procedural Order No. 13 concerning procedural matters. |
March 27, 2024 | The Tribunal issues Procedural Order No. 14 concerning the organization of the hearing. |
April 8, 2024 - April 12, 2024 | The Tribunal holds a hearing on jurisdiction and the merits in person in Washington, D.C. and by video conference. |
June 7, 2024 | The Tribunal issues Procedural Order No. 15 concerning procedural matters. |
August 13, 2024 | The Tribunal issues Procedural Order No. 16 concerning procedural matters. |
October 2, 2024 - October 3, 2024 | The Tribunal holds a hearing on closing submissions by video conference. |