ICSID - International Centre for Settlement of Investment Disputes

07/01/2026 | Press release | Distributed by Public on 07/02/2026 13:37

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

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: (i)
    NAFTA (North American Free Trade Agreement)
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    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 US, 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:
    Concluded
  • Outcome of Proceeding:
    March 26, 2026 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Charles Poncet.

(b) Revision Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Claimant(s)
  • Date Registered:
    July 1, 2026 (Claimant(s))
  • Party Representatives

  • Claimant(s):
    Espíritu Santo Holdings, LP and L1bre Holding, LLC
    Freshfields Bruckhaus Deringer US, New York, NY, U.S.A.
    Mr. Richard C. Lorenzo
    Mr. Mark R. Cheskin
    Ms. Juliana de Valdenebro Garrido
    Hogan Lovells US, Miami, FL, U.S.A.
  • Respondent(s):
    United Mexican States
    Dirección General de Consultoría Jurídica de Comercio Internacional, Secretaría de Economía, Mexico
    Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
    Tereposky & DeRose, Ontario, Canada
  • Status of Proceeding:
    Pending

(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

Procedural Order No. 17

Claimants' Submissions on Costs

Respondent's Submissions on Costs

Award of the Tribunal

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)

Procedural Order No. 17 (November 21, 2024) English (Original)

Claimants' Submissions on Costs (November 15, 2024) English (Original)

Respondent's Submissions on Costs (November 15, 2024) English (Original)

Award of the Tribunal (March 26, 2026) English (Original); Spanish (Original)

(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 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 Respondent files a response to the Claimants' observations of November 2, 2022.

November 5, 2022

The Tribunal issues Procedural Order No. 8 concerning procedural matters.

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.

November 15, 2024

Each party files a submission on costs.

November 21, 2024

The Tribunal issues Procedural Order No. 17 concerning procedural matters.

March 3, 2026

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

March 26, 2026

The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Charles Poncet.

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