Case Details

Enerflex US Holdings Inc. and Exterran Energy Solutions, L.P. v. United Mexican States (ICSID Case No. ARB/23/22)

Subject of Dispute:

Oil and gas enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement), USMCA (United States-Mexico-Canada Agreement)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Enerflex US Holdings Inc. (U.S.), Exterran Energy Solutions, L.P. (U.S.)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

June 23, 2023
Date of Constitution of Tribunal:

December 11, 2023

Composition of Tribunal

President:

Dyalá JIMÉNEZ FIGUERES (Costa Rican) - Appointed by the Secretary-General
Arbitrators:

Stephan SCHILL (German) - Appointed by the Claimant(s)
Silvina GONZALEZ NAPOLITANO (Argentine) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hogan Lovells, Mexico City, Mexico, Miami, FL, U.S.A. and Washington, D.C., U.S.A.
Respondent(s):

Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Dirección General de Consultoría Jurídica de Comercio Internacional, Secretaría de Economía, Mexico City, Mexico
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 3, 2024 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 56(1).

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Order of the Tribunal Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Procedural Order No. 1 (February 1, 2024) English (Original); Spanish (Original)

Procedural Order No. 2 (February 1, 2024) English (Original); Spanish (Original)

Order of the Tribunal Taking Note of the Discontinuance of the Proceeding (June 3, 2024) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
June 23, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
July 14, 2023	Following appointment by the Claimants, Stephan Schill (German) accepts his appointment as arbitrator.
September 21, 2023	Following appointment by the Respondent, Silvina González Napolitano (Argentine) accepts her appointment as arbitrator.
December 8, 2023	Following appointment by the Secretary-General, Dyalá Jiménez Figueres (Costa Rican) accepts her appointment as presiding arbitrator.
December 11, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Dyalá Jiménez Figueres (Costa Rican), President, appointed by the Secretary-General; Stephan W. Schill (German), appointed by the Claimants; and Silvina S. González Napolitano (Argentinian), appointed by the Respondent.
January 29, 2024	The Tribunal holds a first session by video conference.
February 1, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 1, 2024	The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.
May 19, 2024	The Claimants file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 56(1).
May 20, 2024	The Tribunal invites the Respondent to state whether it opposes the Claimants’ request for the discontinuance of the proceeding.
May 20, 2024	The Respondent informs the Tribunal that it does not object to the Claimants’ request for the discontinuance of the proceeding.
June 3, 2024	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 56(1).