Mexico

Mexico

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2019 Highlands v. Mexico Terence Highlands v. United Mexican States (ICSID Case No. ARB/19/26) Mexico - United Kingdom BIT (2006) ICSID ICSID Investment: Indirect shareholding via Coastline Group in Marfield Ltd. Inc. and Shanara Maritime International S.A., which own two vessels (“Caballo Marango” and “Caballo Maya”).

Summary: Claims arising out of the Government’s alleged taking of control and possession of two vessels belonging to Marfield and Shanara from 2014 until 2017 and 2018, in connection with measures against another company (Oceanografía SA de C.V.).
Indirect shareholding via Coastline Group in Marfield Ltd. Inc. and Shanara Maritime International S.A., which own two vessels (“Caballo Marango” and “Caballo Maya”). Pending Mexico United Kingdom Tertiary: H - Transportation and storage 50 - Water transport Name not available - President

Garibaldi, O. M. - Claimant

Name not available - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Most-favoured nation treatment

Indirect expropriation

Transfer of funds
Pending Data not available Data not available None None None None None
2 2019 Legacy Vulcan v. Mexico Legacy Vulcan, LLC v. United Mexican States (ICSID Case No. ARB/19/1) NAFTA (1992) ICSID ICSID Investment: Concessions for a port terminal and authorizations for two lime extraction plants (“La Adelita” and “El Corchalito”) held by its local subsidiary, Calizas Industriales de Carmes, S.A. de C.V (“Calica”).

Summary: Claims arising out of Government agencies’ revocation of the port concession held by the claimant’s wholly-owned subsidiary, Calica, and the forced closure of Calica’s quarrying operations at the “La Adelita” and “El Corchalito” sites in the State of Quintana Roo. According to the claimant, these events were preceded Government agencies’ unilateral amendments to agreements with Calica and the imposition of allegedly illegal taxes, contested by Calica in several local court cases.
Concessions for a port terminal and authorizations for two lime extraction plants (“La Adelita” and “El Corchalito”) held by its local subsidiary, Calizas Industriales de Carmes, S.A. de C.V (“Calica”). Pending Mexico United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying van den Berg, A. J. - President

Tawil, G. S. - Claimant

Puig, S. - Respondent
500.00 mln USD Data not available National treatment

Most-favoured nation treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Indirect expropriation
Pending None None None None None None None
3 2019 Odyssey v. Mexico Odyssey Marine Exploration, Inc. and Exploraciones Oceánicas S. de R.L. de C.V. v. United Mexican States NAFTA (1992) UNCITRAL None Investment: Seabed mining concession for a phosphate deposit in the Pacific Ocean held by Exploraciones Oceánicas S. de R.L. de C.V., a local subsidiary of the claimants.

Summary: Claims arising out of the decision by Mexico’s Ministry of the Environment and Natural Resources to deny environmental permits for the claimants’ seabed mining project in the local subsidiary’s concession area, offshore from the coast of Baja California Sur in Mexico. Allegedly, the Ministry’s decision disregarded scientific evidence provided by the claimants in their project development plan and environmental impact assessment.
Seabed mining concession for a phosphate deposit in the Pacific Ocean held by Exploraciones Oceánicas S. de R.L. de C.V., a local subsidiary of the claimants. Pending Mexico United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying Data not available 3540.00 mln USD Data not available National treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Indirect expropriation
Pending None None None None None None None
4 2018 Alicia Grace and others v. Mexico Ampex Retirement Master Trust, Apple Oaks Partners, LLC, Brentwood Associates Private Equity Profit Sharing Plan and others v. United Mexican States (ICSID Case No. UNCT/18/4) NAFTA (1992) UNCITRAL ICSID Investment: Shareholding of 43.2 per cent in Integradora de Servicios Petroleros Oro Negro, S.A.P.I. de C.V. (“Oro Negro”) and 99.9 per cent shareholding in the subsidiary company, Perforadora Oro Negro, S. de R.L. de C.V. (“Perforadora Oro Negro”).

Summary: Claims arising out of the early termination of lease agreements by Petróleos Mexicanos (Pemex), a state-owned oil company, for five offshore oil drilling platforms owned by Oro Negro’s subsidiary which is controlled by the claimants.
Shareholding of 43.2 per cent in Integradora de Servicios Petroleros Oro Negro, S.A.P.I. de C.V. (“Oro Negro”) and 99.9 per cent shareholding in the subsidiary company, Perforadora Oro Negro, S. de R.L. de C.V. (“Perforadora Oro Negro”). Pending Mexico United States of America Tertiary: N - Administrative and support service activities 77 - Rental and leasing activities Fernández Arroyo, D. P. - President

Jana Linetzky, A. - Claimant

Bottini, G. - Respondent
700.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Pending None None None None None None None
5 2018 PACC v. Mexico PACC Offshore Services Holdings Ltd. v. United Mexican States (ICSID Case No. UNCT/18/5) Mexico - Singapore BIT (2009) UNCITRAL ICSID Investment: Investments in a vessel charter business in Mexico.

Summary: Claims arising out of certain actions by Mexican authorities that prevented the claimant and its subsidiaries from continuing to charter vessels to Pemex, Mexico’s national oil and gas company, thereby allegedly destroying the claimant’s investment.
Investments in a vessel charter business in Mexico. Pending Mexico Singapore Tertiary: N - Administrative and support service activities 77 - Rental and leasing activities Rigo Sureda, A. - President

Reisman, W. M. - Claimant

Sands, P. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Most-favoured nation treatment

Indirect expropriation
Pending None None None None None None None
6 2017 Eutelsat v. Mexico Eutelsat S.A. v. United Mexican States (ICSID Case No. ARB(AF)/17/2) France - Mexico BIT (1998) ICSID AF ICSID Investment: Ownership of Satélites Mexicanos (Satmex), a Mexican company that operates telecom satellites, allegedly acquired for USD 831 million.

Summary: Claims arising out of a regulatory requirement to reserve a certain amount of megahertz of satellite companies’ overall capacity for Government use; the claimant alleges that Satmex has been required to provide a greater amount of megahertz to the State than its competitors.
Ownership of Satélites Mexicanos (Satmex), a Mexican company that operates telecom satellites, allegedly acquired for USD 831 million. Pending Mexico France Tertiary: J - Information and communication 61 - Telecommunications Bullard, A. - President

Orrego Vicuña, F. - Claimant (replaced)

Kohen, M. G. - Respondent

Tawil, G. S. - Claimant
Data not available Data not available Data not available Pending None None None None None None None
7 2017 Sastre v. Mexico Carlos Esteban Sastre v. United Mexican States Argentina - Mexico BIT (1996)

Mexico - Spain BIT (2006)

Mexico - Switzerland BIT (1995)
UNCITRAL Data not available Investment: Indirect ownership of the hotel “Cabañas Tierras del Sol” via a majority shareholding in Constructora Ecoturística, S.A. of C.V., and rights to the hotel “Cabañas Hamaca Loca” owned by shareholders in Hamaca Loca, S.A. de C.V.

Summary: Claims arising out of the alleged illegal seizure by municipal and federal officials of two hotel properties owned by Constructora Ecoturística and Hamaca Loca in the Mexican state of Quintana Roo. According to the claimant, the federal courts failed to remedy the alleged illegal dispossessions in subsequent local court proceedings.
Indirect ownership of the hotel “Cabañas Tierras del Sol” via a majority shareholding in Constructora Ecoturística, S.A. of C.V., and rights to the hotel “Cabañas Hamaca Loca” owned by shareholders in Hamaca Loca, S.A. de C.V. Pending Mexico Argentina

Spain

Switzerland
Tertiary: I - Accommodation and food service activities 55 - Accommodation Data not available 25.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Direct expropriation

Indirect expropriation

Arbitrary, unreasonable and/or discriminatory measures

Most-favoured nation treatment
Pending None None None None None None None
8 2017 Vento v. Mexico Vento Motorcycles, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/17/3) NAFTA (1992) ICSID AF ICSID Investment: Investments in manufacturing of motorcycles.

Summary: Claims arising out of Mexico’s allegedly discriminatory treatment of the claimant, which includes subjecting Vento’s motorcycles to a 30 per cent import duty (on the ground that they are in fact made in China, not in the United States), whereas the claimant’s competitors do not pay such import duty.
Investments in manufacturing of motorcycles. Pending Mexico United States of America Secondary: C - Manufacturing 29 - Manufacture of motor vehicles, trailers and semi-trailers Gantz, D. A. - Claimant

Rigo Sureda, A. - President

Perezcano Diaz, H. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
9 2016 B-Mex and others v. Mexico Deana Anthone, Neil Ayervais, Douglas Black and others v. United Mexican States (ICSID Case No. ARB(AF)/16/3) NAFTA (1992) ICSID AF ICSID Investment: Ownership interests in several gaming facilities in Mexico.

Summary: Claims arising out of the Government’s alleged unlawful interference with the claimants’ casino business in Mexico, including raids on facilities, seizure of equipment and bank account funds, closure of facilities and invalidation of a gaming permit.
Ownership interests in several gaming facilities in Mexico. Pending Mexico United States of America Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities Verhoosel, G. - President

Born, G. B. - Claimant

Vinuesa, R. E. - Respondent
100.00 mln USD Data not available National treatment

Most-favoured nation treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Pending Partial Award dated 19 July 2019 Partial Dissenting Opinion by Raúl E. Vinuesa None None None None None
10 2016 Nelson v. Mexico Joshua Dean Nelson v. United Mexican States (ICSID Case No. UNCT/17/1) NAFTA (1992) UNCITRAL ICSID Investment: Majority ownership of Tele Fácil México, S.A. de C.V (“Tele Fácil”), a locally incorporated company with a concession to operate as a telecommunications provider.

Summary: Claims arising out of certain decisions by Mexico’s federal telecommunications regulator IFT related to a disagreement between Tele Fácil and a large telecommunications provider in Mexico, Telmex, over the terms of an interconnection agreement. Allegedly, IFT failed to enforce a resolution, which it had rendered in Tele Fácil’s favour, and subsequently issued decisions that resolved the disagreement with Telmex to the claimant's detriment, rendering Tele Fácil commercially unviable and denying it access to the Mexican telecommunications market. According to the claimant, IFT subjected Tele Fácil to disproportionate enforcement actions and Mexican courts failed to address IFT’s misconduct.
Majority ownership of Tele Fácil México, S.A. de C.V (“Tele Fácil”), a locally incorporated company with a concession to operate as a telecommunications provider. Pending Mexico United States of America Tertiary: J - Information and communication 61 - Telecommunications Zuleta, E. - President

Veeder, V. V. - Claimant

Gomezperalta Casali, M. - Respondent
500.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Pending None None None None None None None
11 2015 Lion v. Mexico Lion Mexico Consolidated L.P. v. United Mexican States (ICSID Case No. ARB(AF)/15/2) NAFTA (1992) ICSID AF ICSID Investment: Promissory notes and mortgages over three properties located in Mexico.

Summary: Claims arising out of Mexican authorities’ cancellation of promissory notes held by the claimant and mortgages to which the claimant was a beneficiary.
Promissory notes and mortgages over three properties located in Mexico. Pending Mexico Canada Tertiary: F - Construction 41 - Construction of buildings Fernández-Armesto, J. - President

Cairns, D. J. A. - Claimant

Ramírez Hernández, R. - Respondent (replaced)

Boisson de Chazournes, L. - Respondent
76.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Pending Decision on the Respondent’s preliminary objection under Art. 45(6) of the ICSID Arbitration (Additional Facilities) Rules dated 12 December 2016

Decision on Jurisdiction dated 30 July 2018
None None None None None None
12 2015 Shanara and Marfield v. Mexico Shanara Maritime International, S.A. and Marfield Ltd. Inc. v. United Mexican States Mexico - Panama BIT (2005) UNCITRAL Data not available Investment: Ownership of vessels and leasing to a company carrying out offshore construction services.

Summary: Claims arising out of precautionary injunction measures imposed by Mexico’s Attorney General on two vessels owned by claimants, preventing their navigation and movement.
Ownership of vessels and leasing to a company carrying out offshore construction services. Pending Mexico Panama Tertiary: N - Administrative and support service activities 77 - Rental and leasing activities Data not available 408.00 mln USD Data not available National treatment

Most-favoured nation treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Indirect expropriation
Pending None None None None None None None
13 2013 Cemusa v. Mexico Cemusa - Corporación Europea de Mobiliario Urbano, S.A. and Corporación Americana de Equipamientos Urbanos, S.L. v. United Mexican States (ICSID Case No. ARB(AF)/13/2) Mexico - Spain BIT (2006) ICSID AF ICSID Investment: Rights under a concession held by claimants' locally-incorporated company Eumex to provide the city of Guadalajara with bus stops and other street furniture containing advertising space.

Summary: Claims arising out of the annulment of claimants' street furnishing concession by an administrative court in the Mexican state of Jalisco and its transfer to another street furnishing company, allegedly in contravention of claimants' rights under the concession.
Rights under a concession held by claimants' locally-incorporated company Eumex to provide the city of Guadalajara with bus stops and other street furniture containing advertising space. Discontinued Mexico Spain Tertiary: M - Professional, scientific and technical activities 73 - Advertising and market research Data not available Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding issued by the Acting Secretary-General dated 18 August 2014, pursuant to Article 51 of the Arbitration (Additional Facility) Rules None None None None None None
14 2013 KBR v. Mexico KBR, Inc. v. United Mexican States (ICSID Case No. UNCT/14/1) NAFTA (1992) UNCITRAL ICSID Investment: Rights under contracts for the construction of two offshore gas platforms held through KBR's wholly-owned subsidiary; ICC arbitral award.

Summary: Claims arising out of the Mexican courts' annulment of an International Chamber of Commerce (ICC) arbitration award issued in favour of claimant's subsidiary, COMMISA, concerning a contractual dispute with a Mexican State-owned entity.
Rights under contracts for the construction of two offshore gas platforms held through KBR's wholly-owned subsidiary; ICC arbitral award. Decided in favour of State Mexico United States of America Tertiary: F - Construction 43 - Specialized construction activities Rigo Sureda, A. - President

Kaufmann-Kohler, G. - Claimant

Lozano Alarcón, G. - Respondent
465.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Other
Data not available Award dated 30 April 2015 None None None None None None
15 2012 Telefónica v. Mexico Telefónica S.A. v. United Mexican States (ICSID Case No. ARB(AF)/12/4) Mexico - Spain BIT (2006) ICSID AF ICSID Investment: Ownership of seven Mexican telecommunications subsidiaries, including their assets, contracts, concessions, permits and authorizations.

Summary: Claims arising out a series of measures adopted by Mexican authorities allegedly aimed at settling disagreements among telecommunications operators in the country, including the issuance of a resolution by the regulatory authority Cofetel requiring all telecoms operators to reduce their interconnection tariffs.
Ownership of seven Mexican telecommunications subsidiaries, including their assets, contracts, concessions, permits and authorizations. Settled Mexico Spain Tertiary: J - Information and communication 61 - Telecommunications Zuleta, E. - President

Grigera Naón, H. A. - Claimant

Ramírez Hernández, R. - Respondent
14737.00 mln MXN (1060.00 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

National treatment

Most-favoured nation treatment

Transfer of funds

Other
Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding pursuant to Article 49(1) of the Arbitration (Additional Facility) Rules dated 20 February 2018 None None None None None None
16 2009 Abengoa v. Mexico Abengoa, S.A. y COFIDES, S.A. v. United Mexican States (ICSID Case No. ARB(AF)/09/2) Mexico - Spain BIT (2006) ICSID AF ICSID Investment: Construction of a hazardous waste landfill and treatment plant under authorizations and permits granted to claimants' investment vehicle company by a Mexican municipality.

Summary: Claims arising out of the stalled opening of a hazardous waste landfill and treatment plant built by the claimants in the Mexican state of Hidalgo, due to several alleged acts by the municipality of Zimapán and certain federal authorities, including Mexico's Ministry of the Environment and Natural Resources and the Ministry of the Interior.
Construction of a hazardous waste landfill and treatment plant under authorizations and permits granted to claimants' investment vehicle company by a Mexican municipality. Decided in favour of investor Mexico Spain Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Mourre, A. - President

Fernández-Armesto, J. - Claimant

Siqueiros, E. - Respondent
846.40 mln MXN (70.00 mln USD) 491.80 mln MXN (40.30 mln USD) Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Award dated 18 April 2013 None None None None None None
17 2005 Bayview v. Mexico Bayview Irrigation District and others v. United Mexican States (ICSID Case No. ARB(AF)/05/1) NAFTA (1992) ICSID AF ICSID Investment: Water rights under a 1944 US-Mexico water treaty held by forty six American claimants including seventeen Irrigation Districts, sixteen individuals, two trusts, two limited partnership, two estates, four corporations and three general partnerships.

Summary: Claims arising out of Mexico's alleged capture, seizure and diversion of more irrigation water of the Rio Grande River than that to which the country had right under a bilateral US-Mexico treaty, to the benefit and use of Mexican farmers.
Water rights under a 1944 US-Mexico water treaty held by forty six American claimants including seventeen Irrigation Districts, sixteen individuals, two trusts, two limited partnership, two estates, four corporations and three general partnerships. Decided in favour of State Mexico United States of America Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Lowe, V. - President

Meese III, E. - Claimant

Gómez Palacio, I. - Respondent
667.60 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - jurisdiction declined Final Award dated 19 June 2007 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Ontario Superior Court of Justice, Reasons for Judgment (Application for Set-Aside), dated 5 May 2008 (Judicial review by national courts) None None
18 2005 Cargill v. Mexico Cargill, Incorporated v. United Mexican States (ICSID Case No. ARB(AF)/05/2) NAFTA (1992) ICSID AF ICSID Investment: Ownership of local company engaged in the manufacture and production of certain fructose syrup used as soft drink sweetener.

Summary: Claims arising out of Mexico's 2002 adoption of a tax on beverages containing high fructose corn syrup, that allegedly affected the claimants' investments in the high fructose corn syrup industry in Mexico.
Ownership of local company engaged in the manufacture and production of certain fructose syrup used as soft drink sweetener. Decided in favour of investor Mexico United States of America Secondary: C - Manufacturing 10 - Manufacture of food products Pryles, M. C. - President

Caron, D. D. - Claimant

McRae, D. M. - Respondent
123.80 mln USD 77.30 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Performance requirements
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Performance requirements
Award dated 18 September 2009 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Application to Set Aside an Arbitral Award (Ontario Superior Court of Justice) dated 26 August 2010 (Judicial review by national courts)

Application to set aside award (Court of Appeal) dated 4 October 2011 (Judicial review by national courts)

Dismissal of Application for Leave to Appeal (Supreme Court of Canada) dated 11 May 2012 (Judicial review by national courts)
None None
19 2004 ADM v. Mexico Archer Daniels Midland and Tate & Lyle Ingredients Americas, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/5) NAFTA (1992) ICSID AF ICSID Investment: Ownership of local company engaged in the manufacture and production of certain fructose syrup used as soft drink sweetener.

Summary: Claims arising out of Mexico's 2002 adoption of a tax on beverages containing high fructose corn syrup, that allegedly affected the claimants' investments in the high fructose corn syrup industry in Mexico.
Ownership of local company engaged in the manufacture and production of certain fructose syrup used as soft drink sweetener. Decided in favour of investor Mexico United States of America Secondary: C - Manufacturing 10 - Manufacture of food products Cremades, B. M. - President

Rovine, A. W. - Unknown

Siqueiros, E. - Unknown
100.00 mln USD 33.50 mln USD Indirect expropriation

National treatment

Performance requirements
National treatment

Performance requirements
Award dated 21 November 2007 Concurring Opinion of Arthur W. Rovine (Award) None None None None None
20 2004 Corn Products v. Mexico Corn Products International, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/1) NAFTA (1992) ICSID AF ICSID Investment: Wholly-owned subsidiary engaged in the large scale production of high fructose corn syrup industry in Mexico.

Summary: Claims arising out of Mexico's 2002 adoption of a tax on high fructose corn syrup allegedly aimed at protecting Mexico's domestic sugar producers and excluding high fructose corn syrup from the soft drink sweetener market.
Wholly-owned subsidiary engaged in the large scale production of high fructose corn syrup industry in Mexico. Decided in favour of investor Mexico United States of America Secondary: C - Manufacturing 10 - Manufacture of food products Greenwood, C. - President

Lowenfeld, A. F. - Claimant

Serrano de la Vega, J. - Respondent

Tron, M. - Respondent (replaced)
325.00 mln USD 58.00 mln USD Indirect expropriation

National treatment

Performance requirements
National treatment Award dated 18 August 2009

Decision on Responsibility dated 15 January 2008
Separate Opinion of Andreas F. Lowenfeld (Award) None None None None None
21 2004 Gemplus v. Mexico Gemplus, S.A., SLP, S.A., and Gemplus Industrial S.A. de C.V. v. United Mexican States (ICSID Case No. ARB(AF)/04/3) France - Mexico BIT (1998) ICSID AF ICSID Investment: Minority shareholding in local company that had a concession agreement with the Mexican Ministry of Economy.

Summary: Claims arising out of the revocation of a concession granted by the federal government to operate a national vehicle registry.
Minority shareholding in local company that had a concession agreement with the Mexican Ministry of Economy. Decided in favour of investor Mexico France Tertiary: M - Professional, scientific and technical activities 74 - Other professional, scientific and technical activities Veeder, V. V. - President

Fortier, L. Y. - Claimant

Magallón Gómez, E. - Respondent
340.00 mln MXN (37.00 mln USD) 4.50 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Award dated 16 June 2010 None None None None None None
22 2004 Talsud v. Mexico Talsud, S.A. v. United Mexican States (ICSID Case No. ARB(AF)/04/4) Argentina - Mexico BIT (1996) ICSID AF ICSID Investment: Minority shareholding in local company that had a concession agreement with the Mexican Ministry of Economy.

Summary: Claims arising out of the revocation of a concession granted by the federal government to operate a national vehicle registry.
Minority shareholding in local company that had a concession agreement with the Mexican Ministry of Economy. Decided in favour of investor Mexico Argentina Tertiary: M - Professional, scientific and technical activities 74 - Other professional, scientific and technical activities Veeder, V. V. - President

Fortier, L. Y. - Claimant

Magallón Gómez, E. - Respondent
37.00 mln USD 6.40 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Award dated 16 June 2010 None None None None None None
23 2002 Fireman's Fund v. Mexico Fireman's Fund Insurance Company v. The United Mexican States (ICSID Case No. ARB(AF)/02/1) NAFTA (1992) ICSID AF ICSID Investment: Ownership of dollar-nominated debentures by insurance company.

Summary: Claims arising out of the alleged government's facilitation of purchase of debentures denominated in Mexican pesos and owned by Mexican investors, but not facilitating the purchase of debentures denominated in U.S. dollars and owned by Fireman's Fund.
Ownership of dollar-nominated debentures by insurance company. Decided in favour of State Mexico United States of America Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding van den Berg, A. J. - President

Lowenfeld, A. F. - Claimant

Saavedra Olavarrieta, A. G. - Respondent

Carrillo Gamboa, F. - Respondent (replaced)
50.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - all claims dismissed at the merits stage Decision on the Preliminary Question dated 17 July 2003

Award dated 17 July 2006
None None None None None None
24 2002 Frank v. Mexico Robert J. Frank v. United Mexican States NAFTA (1992) UNCITRAL None Investment: Ownership of beachfront property in Mexico.

Summary: Claims arising out of the alleged expropriation of a beachfront property belonging to the investor in Mexico's Baja California area.
Ownership of beachfront property in Mexico. Discontinued Mexico United States of America Tertiary: L - Real estate activities 68 - Real estate activities Tribunal not constituted 1.50 mln USD Data not available Direct expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None
25 2002 GAMI v. Mexico GAMI Investments, Inc. v. United Mexican States NAFTA (1992) UNCITRAL None Investment: Minority shareholding in a Mexican holding company, owner of five sugar mills.

Summary: Claims arising out of the issuance of a decree for the stated purpose of revitalizing the Mexican sugar industry under which Mexican authorities expropriated sugar mills owned by its local subsidiaries.
Minority shareholding in a Mexican holding company, owner of five sugar mills. Decided in favour of State Mexico United States of America Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Paulsson, J. - President

Reisman, W. M. - Claimant

Lacarte Muro, J. - Respondent
27.80 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Final Award dated 15 November 2004 None None None None None None
26 2002 Thunderbird v. Mexico International Thunderbird Gaming Corporation v. The United Mexican States NAFTA (1992) UNCITRAL ICSID Investment: Ownership of three gaming facilities.

Summary: Claims arising out of the closure of the investor's gaming facilities by the Mexican government agency that had jurisdiction over gaming activity.
Ownership of three gaming facilities. Decided in favour of State Mexico Canada Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities van den Berg, A. J. - President

Wälde, T. W. - Claimant

Portal Ariosa, A. - Respondent
100.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
None - all claims dismissed at the merits stage Arbitral Award dated 26 January 2006 Separate Opinion of Mr. Thomas Wälde (Arbitral Award) Judicial review by national courts Award/decision upheld (Judicial review by national courts) Memorandum Opinion (on the petition to set aside the award), U.S. District Court for the District of Columbia, dated 14 February 2007 (Judicial review by national courts) None None
27 2001 Adams v. Mexico Billy Joe Adams, Juan Alarcon, Roberto Alonzo et al. v. United Mexican States NAFTA (1992) UNCITRAL None Investment: Acquisition of residential housing and associated infrastructure improvements.

Summary: Claims arising out of the enforcement of a judicial decision ordering the return of certain land to its original owners, thus requiring the eviction of residents of a tourist/residential development built upon such land, many of whom were Americans.
Acquisition of residential housing and associated infrastructure improvements. Discontinued Mexico United States of America Tertiary: L - Real estate activities 68 - Real estate activities Tribunal not constituted 75.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Not applicable - settled or discontinued before decision on liability Data not available Data not available None None None None None
28 2000 Tecmed v. Mexico Técnicas Medioambientales Tecmed v. United Mexican States (ICSID Case No. ARB(AF)/00/2) Mexico - Spain BIT (1995) ICSID AF ICSID Investment: Majority shareholding in local investment vehicle which acquired land, buildings and other assets through a bid procedure to operate a hazardous waste landfill in Mexico.

Summary: Claims arising out of Mexico's alleged non-renewal of a licence necessary to operate a landfill of hazardous industrial waste.
Majority shareholding in local investment vehicle which acquired land, buildings and other assets through a bid procedure to operate a hazardous waste landfill in Mexico. Decided in favour of investor Mexico Spain Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Grigera Naón, H. A. - President

Fernández Rozas, J. C. - Claimant

Bernal Verea, C. - Respondent

Aguilar Álvarez, G. - Respondent (replaced)
52.00 mln USD 5.50 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
Indirect expropriation Award dated 29 May 2003 None None None None None None
29 2000 Waste Management v. Mexico (II) Waste Management v. United Mexican States (II) (ICSID Case No. ARB(AF)/00/3) NAFTA (1992) ICSID AF ICSID Investment: Waste management concession agreement.

Summary: Claims arising out of the alleged breach of a 15-year concession granted by the State of Guerrero and the municipality of Acapulco to the claimant for public waste management services.
Waste management concession agreement. Decided in favour of State Mexico United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Crawford, J. R. - President

Civiletti, B. R. - Claimant

Magallón Gómez, E. - Respondent

Aguilar Álvarez, G. - Respondent (replaced)
36.60 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - all claims dismissed at the merits stage Mexico’s Preliminary Objection concerning the Previous Proceedings, Decision of the Tribunal dated 26 June 2002

Award dated 30 April 2004
None None None None None None
30 1999 Feldman v. Mexico Marvin Roy Feldman Karpa v. United Mexican States (ICSID Case No. ARB(AF)/99/1) NAFTA (1992) ICSID AF ICSID Investment: Ownership of local company engaged in the export of tobacco products from Mexico.

Summary: Claims arising out of Mexico's application of certain tax laws to the export of tobacco products which allegedly denied claimant's local company, an exporter of cigarettes from Mexico, the benefits of a law that allowed certain tax refunds to exporters.
Ownership of local company engaged in the export of tobacco products from Mexico. Decided in favour of investor Mexico United States of America Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 46 - Wholesale trade, except of motor vehicles and motorcycles Kerameus, K. D. - President

Gantz, D. A. - Claimant

Covarrubias Bravo, J. - Respondent
303.80 mln MXN (30.30 mln USD) 9.40 mln MXN (0.74 mln USD) Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Indirect expropriation

National treatment
Award of the Tribunal dated 16 December 2002

Interim Decision on Preliminary Jurisdictional Issues dated 6 December 2000
Dissenting Opinion of Mr. Jorge Covarrubias Bravo (Award) Judicial review by national courts Award/decision upheld (Judicial review by national courts) The United Mexican States v. Marvon Roy Feldman Karpa, Ontario Superior Court of Justice, Decision on the Application to Set Aside Award dated 3 December 2003 (Judicial review by national courts)

The United Mexican States v. Marvon Roy Feldman Karpa, Court of Appeal for Ontario, Appeal Court Decision on the Application to Set Aside Award dated 11 January 2005 (Judicial review by national courts)
None None
31 1998 Waste Management v. Mexico (I) Waste Management, Inc. v. United Mexican States (I) (ICSID Case No. ARB(AF)/98/2) NAFTA (1992) ICSID ICSID Investment: Rights under a waste management concession agreement held by claimant's local subsidiary company.

Summary: Claims arising out of the alleged breach of a 15-year concession granted by the State of Guerrero and the municipality of Acapulco to Acaverde, USA Waste's Mexican subsidiary, for public waste management services.
Rights under a waste management concession agreement held by claimant's local subsidiary company. Decided in favour of State Mexico United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Cremades, B. M. - President

Highet, K. - Claimant

Siqueiros, E. - Respondent

Treviño Azcué, J. - Respondent (replaced)
36.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - jurisdiction declined Arbitral Award dated 2 June 2000 Dissenting Opinion of Keith Highet (Arbitral Award) None None None None None
32 1997 Azinian v. Mexico Robert Azinian, Kenneth Davitian, & Ellen Baca v. The United Mexican States (ICSID Case No. ARB (AF)/97/2) NAFTA (1992) ICSID AF ICSID Investment: Shareholding in local company that held a concession contract with the local government for waste collection and disposal.

Summary: Claims arising out of the cancellation by the Mexican city council of Naucalpan of a concession contract for commercial and industrial waste collection.
Shareholding in local company that held a concession contract with the local government for waste collection and disposal. Decided in favour of State Mexico United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Paulsson, J. - President

Civiletti, B. R. - Claimant

von Wobeser, C. - Respondent
19.20 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - all claims dismissed at the merits stage Award dated 1 November 1999 None None None None None None
33 1997 Metalclad v. Mexico Metalclad Corporation v. The United Mexican States (ICSID Case No. ARB(AF)/97/1) NAFTA (1992) ICSID AF ICSID Investment: Ownership of landfill property as well as permits and licenses for the development and operation of a hazardous waste disposal enterprise.

Summary: Claims arising out of the alleged interference of the Mexican local governments of San Luis Potosí and Guadalcázar with the investor's development and operation of a hazardous waste landfill.
Ownership of landfill property as well as permits and licenses for the development and operation of a hazardous waste disposal enterprise. Decided in favour of investor Mexico United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Lauterpacht, E. - President

Civiletti, B. R. - Claimant

Siqueiros, E. - Respondent
90.00 mln USD 16.70 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
Award dated 30 August 2000 None Judicial review by national courts Award/decision partially set aside (Judicial review by national courts) The United Mexican States v. Metalclad Corporation, Decision of the Supreme Court of British Columbia on the challenge by the Petitioner, The United Mexican States, of the Arbitration Award issued on 30 August 2000, 2001 BCSC 664 dated 2 May 2001 (Judicial review by national courts) None None
NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2018 GBM Global and others v. Spain Elías Abadi Cherem, Jaime Abadi Cherem, Abraham Abadi Tawil and others v. Kingdom of Spain (ICSID Case No. ARB/18/33) Mexico - Spain BIT (2006) ICSID ICSID Investment: Shareholding and bondholding in Banco Popular Español, S.A., one of Spain’s largest banks.

Summary: Claims arising out of the Government’s withdrawal of significant amounts of deposits from Banco Popular. The authorities allegedly refused to provide financial support during the Bank’s ensuing liquidity crisis in 2017, which led to the Bank’s forced resolution and sale to a Spanish bank – the sole bidder in the auction – for one euro.
Shareholding and bondholding in Banco Popular Español, S.A., one of Spain’s largest banks. Discontinued Spain Mexico Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Name not available - President

Park, W. W. - Claimant

Name not available - Respondent
470.00 mln EUR (543.20 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Most-favoured nation treatment

National treatment

Direct expropriation

Indirect expropriation
Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 dated 27 June 2019 None None None None None None
2 2018 Valle Ruiz and others v. Spain Rogelio Barrenechea Cuenca, Antonio Cosío Ariño, Luis de Garay Russ and others v. Kingdom of Spain (PCA Case No. 2019-17) Mexico - Spain BIT (2006) UNCITRAL PCA Investment: Shareholding and bondholding in Banco Popular Español, S.A., one of Spain’s largest banks.

Summary: Claims arising out of the Government’s alleged withdrawal of significant amounts of deposits from Banco Popular. The authorities allegedly refused to provide financial support during the Bank’s ensuing liquidity crisis in 2017, which led to the Bank’s forced resolution and sale to a Spanish bank – the sole bidder in the auction – for one euro.
Shareholding and bondholding in Banco Popular Español, S.A., one of Spain’s largest banks. Pending Spain Mexico Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Kaufmann-Kohler, G. - President

Park, W. W. - Claimant

Mourre, A. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Most-favoured nation treatment

Direct expropriation

Indirect expropriation
Pending None None None None None None None
3 2016 América Móvil v. Colombia América Móvil S.A.B. de C.V. v. Republic of Colombia (ICSID Case No. ARB(AF)/16/5) Colombia-Mexico-Venezuela FTA ICSID AF ICSID Investment: Ownership of local subsidiary Comunicación Celular, S.A. (“Comcel”) that held concessions for mobile phone services.

Summary: Claims arising out of measures that allegedly prevented the claimant’s Colombian subsidiary Comcel from freely using or selling its wireless telecommunications assets after the termination of its concession contracts. The challenged measures include, among others, the Colombian Constitutional Court’s decision of 2013 ordering the reversion of certain telecommunication assets to state control on a concession’s expiry or termination and the subsequent refusal of the Government to recognize Comcel’s property rights over those assets following the contract termination.
Ownership of local subsidiary Comunicación Celular, S.A. (“Comcel”) that held concessions for mobile phone services. Pending Colombia Mexico Tertiary: J - Information and communication 61 - Telecommunications Martínez de Hoz, J. A. - Claimant

Oreamuno Blanco, R. - Respondent

Radicati di Brozolo, L. - President
1020.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Pending None None None None None None None
4 2009 CANACAR v. USA CANACAR v. The United States of America NAFTA (1992) UNCITRAL None Investment: Trucking services provided by claimant, a trade association representing individual carriers within the Mexican trucking industry.

Summary: Claims arising out of alleged restrictions imposed by the U.S. Department of Transportation upon Mexican carrier operations in the United States and Mexican investments in U.S. carriers, as well as the United States' failure to comply with a 2001 NAFTA Chapter 20 arbitral decision, "In the Matter of Cross-Border Trucking Services".
Trucking services provided by claimant, a trade association representing individual carriers within the Mexican trucking industry. Discontinued United States of America Mexico Tertiary: H - Transportation and storage 49 - Land transport and transport via pipelines Heather Rodríguez, T. - Claimant

Name not available - President

Name not available - Respondent
5334.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None