Case Details

Autopistas del Atlántico, S.A. de C.V. and others v. Republic of Honduras (ICSID Case No. ARB/23/10)

Subject of Dispute:

Highway construction project
Economic Sector:

Transportation
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Autopistas del Atlántico, S.A. de C.V. (Honduran), JP Morgan Chase Bank, N.A. (U.S.), Corporación Interamericana para el Financiamiento de Infraestructura S.A. (Panamanian), Moneda Alturas II Fondo de Inversión (Chilean), Moneda Deuda Latinoamericana Fondo de Inversión (Chilean), Global Opportunities Offshore, Ltd. (Caymanian), Global Opportunities, LLC (U.S.)
Respondent(s):

Republic of Honduras (Honduran)
Date Registered:

April 12, 2023
Date of Constitution of Tribunal:

June 15, 2023

Composition of Tribunal

President:

Valeria GALÍNDEZ (Argentine, Brazilian) - Appointed by Co-Arbitrators
Arbitrators:

David ARIAS (Spanish) - Appointed by the Claimant(s)
Sofia MARTINS (Portuguese) - Appointed by the Secretary-General

Party Representatives

Claimant(s):

Nelson Mullins Riley & Scarborough, Miami, FL, U.S.A.
Clifford Chance, Washington, D.C., U.S.A.
Respondent(s):

Procuraduría General de la República de Honduras, Tegucigalpa, Honduras
Jana & Gil Dispute Resolution, Santiago, Chile
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Pending
Latest Development:

April 29, 2025 - The Tribunal issues Procedural Order No. 3 concerning procedural matters.

No References Available.

(a) Original Proceeding

Date	Development
April 12, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
April 14, 2023	Following appointment by the Claimants, David Arias (Spanish) accepts his appointment as arbitrator.
April 24, 2023	The Claimants file a request for the Secretary-General to appoint the arbitrator not yet appointed.
June 2, 2023	Following appointment by the Secretary-General, Sofia Martins (Portuguese) accepts her appointment as arbitrator.
June 15, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) the ICSID Convention. Its members are: Valeria Galíndez (Argentine/Brazilian), President, appointed by her co-arbitrators pursuant to the parties’ agreement; David Arias (Spanish), appointed by Claimants; and Sofia Martins (Portuguese), appointed by the Secretary-General.
June 15, 2023	Following appointment by her co-arbitrators pursuant to the parties’ agreement, Valeria Galíndez (Argentine/Brazilian) accepts her appointment as presiding arbitrator.
July 15, 2023	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
August 10, 2023	The Tribunal holds a first session by video conference.
September 22, 2023	The Claimants file observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
October 9, 2023	The Respondent files a reply on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
October 24, 2023	The Claimants file a rejoinder on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
November 5, 2023	The Tribunal holds a preliminary procedural consultation with the parties by video conference.
November 16, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 30, 2023	The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing.
December 15, 2023	The Tribunal holds a hearing on preliminary objections by video conference.
December 22, 2023	Each party files a statement of costs.
April 3, 2024	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
July 22, 2024	The Claimants file a memorial on the merits.
November 20, 2024	The Respondent files a memorial on jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
November 29, 2024	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
December 4, 2024	The Respondent files a response to the Claimants’ observations of November 29, 2024.
January 9, 2025	The Claimants file further observations on the request to address the objections to jurisdiction as a preliminary question.
February 7, 2025	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the preliminary objections are joined to the merits of the dispute.
March 29, 2025	The Respondent files a counter-memorial on the merits, including a counter-claim.
April 29, 2025	The Tribunal issues Procedural Order No. 3 concerning procedural matters.