Case Details

Mario Noriega Willars v. United Mexican States (ICSID Case No. ARB/23/29)

Subject of Dispute:

Railroad concession
Economic Sector:

Transportation
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):

Mario Noriega Willars (U.S.)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

July 21, 2023
Date of Constitution of Tribunal:

June 14, 2024

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by the Parties
Arbitrators:

Andrés MORENO GUTIERREZ (Bolivian) - Appointed by the Claimant(s)
Hélène RUIZ FABRI (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hogan Lovells US
Respondent(s):

Dirección General de Consultoría Jurídica de Comercio Internacional, Secretaría de Economía
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

January 16, 2026 -
The proceeding is suspended for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 16(2)(b).

(a) Original Proceeding

Published Decisions

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

Claimant's Memorial on the Merits

Procedural Order No. 3

Respondent’s Memorial on Jurisdiction

Claimant’s Counter-Memorial on Jurisdiction

Available on the ICSID Website

Request for Arbitration (June 29, 2023) English (Original)

Procedural Order No. 1 (July 22, 2024) English (Original); Spanish (Original)

Procedural Order No. 2 (July 22, 2024) English (Original); Spanish (Original)

Claimant's Memorial on the Merits (December 5, 2024) English (Original)

Procedural Order No. 3 (March 24, 2025) English (Original); Spanish (Original)

Respondent’s Memorial on Jurisdiction (June 6, 2025) Spanish (Original); English (Translated)

Claimant’s Counter-Memorial on Jurisdiction (August 5, 2025) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
July 21, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
July 25, 2023	Following appointment by the Claimant, Andrés Moreno Gutierrez (Bolivian) accepts his appointment as arbitrator.
October 15, 2023	Following appointment by the Respondent, Hélène Ruiz Fabri (French) accepts her appointment as arbitrator.
June 14, 2024	Following appointment by agreement of the parties, Bernard Hanotiau (Belgian) accepts his appointment as presiding arbitrator.
June 14, 2024	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bernard Hanotiau (Belgian), President, appointed by agreement of the parties; Andrés Moreno Gutierrez (Bolivian), appointed by the Claimant; and Hélène Ruiz Fabri (French), appointed by the Respondent.
July 18, 2024	The Tribunal holds a first session by video conference.
July 22, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 22, 2024	The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.
December 5, 2024	The Claimant files a memorial on the merits.
January 16, 2025	The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44.
February 27, 2025	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
March 24, 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 proceeding on the merits is suspended.
June 6, 2025	The Respondent files a memorial on jurisdiction.
August 5, 2025	The Claimant files a counter-memorial on jurisdiction.
September 23, 2025	The Respondent files a reply on jurisdiction.
November 21, 2025	The Claimant files a rejoinder on jurisdiction.
December 4, 2025	The United States of America files a written submission as a non-disputing State Party pursuant to NAFTA Article 1128.
December 29, 2025	Each party files observations on the non-disputing State Party’s written submission.
January 16, 2026	The proceeding is suspended for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 16(2)(b).