Throughout Lopezobrador’s six-year term, a dozen international arbitrations involving the Mexican government, as a defendant, have accumulated. All the cases, claims from North American companies –including Canadian firms–, which invoked the mechanisms contemplated by the T-MEC.
The energy counter-reform involved a wave of lawsuits, but only those dozen cases are ongoing at the International Center for Settlement of Investment Disputes.
The controversy between Calica and the Mexican authorities dates back to the last years of the six-year term of the supporters club, but it led to arbitration by that instance – attached to the World Bank – until March 2019. The first, of this six-year term. Legacy Vulcan claims compensation of 500 million dollars.
In its December 2022 response, the Mexican government accused the US firm of having declared to its investors and US authorities that the Calica project would last 98 years. In its response, the company indicated that the statement is erroneous, since it omitted to explain that this calculation refers to “the estimated years of life of the aggregate reserves (limestone), based on the average production rate for the most recent period.” recent”.
A reserve of 665.2 million tons of limestone is in dispute, but above all, the feasibility of the Mayan Train project, which was compromised by the lack of ballast and the closure of Punta Venado, the maritime terminal concessioned to Vulcan Materials.
Pending resolution, that and ten other claims. Among them, the case ARB/19/26, on the possession of the ships “Caballo Marango” and “Caballo Maya”, claimed by Terence Highlands, after being insured by the PGR to the shipping company Oceanografia.
By amount, the most relevant case is UNCT/20/1, which involves the company
Odyssey Marine Exploration, for $3.45 billion. The firm, based in Tampa, Florida, claims an alleged blockade of the “Don Diego” project by SEMARNAT, as well as an alleged refusal by the agency to consider an order from the Federal Court of Administrative Justice.
The only dispute resolved in the last four years is the claim –852 million dollars for damages, plus interest—formulated by L1bre Holding, for the cancellation of the contract between the Government of Mexico City and its subsidiary Lusad to modernize the taximeters of the units to transport passengers, decreed by the administration of Claudia Sheinbaum.
The technology firm went to the International Center for Settlement of Investment Disputes, where file ARB/21/55 was filed. In March 2022, the parties requested the interruption of the arbitration, an agreement to which the Canadian company Espíritu Santo Holding adhered.
Conversely, Doups Holdings LLC, concessionaire of the parking meter service in CDMX, resorted to arbitration in September 2022. For the same reasons, file ARB/23/6 was filed two months ago, where Sepadeve International LLC appears as the claimant. . Urbipark, owned by Sepadeve, accuses Mexico of not changing its permit to concession for the management of parking meters in public spaces in Azcapotzalco and Cuauhtémoc, in Mexico City, resulting in a discriminatory decision in the treatment of the investor and violates the principle of treatment most favored nation.
In addition, among the cases recently listed by the ICSID, from the World Bank, are files ARB/23/4, from Goldgroup Resources Inc., and ARB/23/1, from Amerra Capital Management LLC.
Side effects
CERTAINTIES. With a high probability of victory in Coahuila and in the fight in the State of Mexico, the national leadership of the PRI has overcome the internal obstacles and without further distractions, it will dedicate its efforts to propping up the coalition with the PAN and the PRD, facing the 2024. Alito Moreno and Carolina Viggiano are preparing to face the presidential elections. Rescuing Mexico is the name of the mission and politicians are needed who know how to face MORENA without hesitation.
