Case Details

Espíritu Santo Holdings, LP and L1bre Holding, LLC v. United Mexican States (ICSID Case No. ARB/20/13)

Subject of Dispute:

Telecommunications concession
Economic Sector:

Information & Communication
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Espiritu Santo Holdings, LP (Canadian), L1bre Holding, LLC (U.S.)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

May 11, 2020
Date of Constitution of Tribunal:

January 27, 2021

Composition of Tribunal

President:

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

Charles PONCET (Swiss) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hogan Lovells US, Miami, FL, U.S.A.
Freshfields Bruckhaus Deringer, New York, NY, U.S.A.
Respondent(s):

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
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

January 27, 2023 - The Tribunal issues Procedural Order No. 10 concerning transparency.

No References Available.

(a) Original Proceeding

Date	Development
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 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.