X-Elio Energy S.L. v. Republic of Honduras

At a glance

Parties

X-Elio Energy S.L. v. Republic of Honduras

Case no.

ICSID Case No. ARB/24/31

Forum and rules

ICSID Convention; ICSID Arbitration Rules in force as of 1 July 2022; place of proceeding Washington, D.C.

Treaty

Honduras–Spain BIT (1994), as listed in the ICSID case database

Tribunal

Mr. Felipe Bulnes Serrano (President), Mr. David R. Haigh, Prof. Jorge E. Viñuales

Sector

Renewable energy generation (per the ICSID case database)

Outcome

Pending. The published documents are procedural only: Procedural Order No. 1 and an amended procedural calendar and holiday list.

Amount

No amounts claimed are stated. ICSID requested an initial advance of USD 300,000, USD 150,000 from each side.

The dispute

X-Elio Energy S.L., a Spanish company, brought ICSID proceedings against the Republic of Honduras. According to the ICSID case database, the dispute concerns a renewable energy generation enterprise and the claim relies on the 1994 Honduras–Spain bilateral investment treaty. The published documents do not describe the investment, the measures complained of, the claims or the defences. They show only how the Tribunal organised the proceeding, including the possibility that Honduras will raise jurisdictional objections and request bifurcation.

Key holdings

1. The proceeding is governed by the ICSID Arbitration Rules in force as of 1 July 2022. The Tribunal was constituted on 27 June 2025, and the Parties confirmed they had no objection to any member. PO1 §§ 1.1, 2.1
2. Washington, D.C. is the place of the proceeding. English and Spanish are the procedural languages. The award is to be rendered in both languages simultaneously, and both versions are equally authentic. PO1 §§ 10.1, 11.1, 11.11
3. The Parties share the direct costs of the proceeding equally, without prejudice to the final costs decision. ICSID requested USD 300,000 in initial advances. The Claimant paid USD 150,000 on 6 September 2024. The Respondent committed to pay its USD 150,000 share by 30 September 2025. PO1 §§ 9.1–9.2
4. Three alternative calendars apply, depending on whether jurisdictional objections are raised with the Counter-Memorial without a bifurcation request, or with a bifurcation request that is then granted or refused. PO1 § 14.1; Annex B
5. Each Party may make no more than 20 document production requests, and sub-requests count separately. The Tribunal is guided but not bound by the 2020 IBA Rules and may draw adverse inferences if a Party fails to produce documents without good cause. PO1 §§ 15.2, 15.10, 15.17
6. Under the amended calendar of 3 December 2025, the Memorial on the Merits is due on 19 February 2026. The hearing is set for 29 November to 4 December 2027 if there is no bifurcation, or if bifurcation is refused. If bifurcation is granted, a jurisdictional hearing is set for 28–30 June 2027. Chilean public holidays were added to the holiday list. Annex B (Amendment No. 1)

Procedural history

1. 9 August 2024After registering the Request for Arbitration, ICSID asked the Parties for advances of USD 300,000. The Claimant paid its USD 150,000 share on 6 September 2024.
2. 27 June 2025Tribunal constituted.
3. 25 August 2025First session of the Tribunal held by Zoom video conference.
4. 12 September 2025Procedural Order No. 1 issued, setting the procedural rules and calendar.
5. 17 November 2025Annex E (national public holidays) amended to add Chilean holidays.
6. 3 December 2025Procedural calendar amended (Amendment No. 1), following the Parties' joint communications of October and November 2025 and the Tribunal's communications.

Tribunal, counsel and experts

Decided by

• Felipe Bulnes Serrano President
• David R. Haigh Co-arbitrator
• Jorge E. Viñuales Co-arbitrator

For the claimant

White & Case LLP · X-Elio Energy S.L.

For the respondent

Procuraduría General de la República de Honduras · Foley Hoag LLP

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Keywords

• X-Elio
• Honduras
• Honduras–Spain BIT
• renewable energy
• electric power
• procedural order
• procedural calendar
• bifurcation
• jurisdictional objections
• document production
• Redfern schedule
• ICSID Arbitration Rules 2022
• transparency
• bilingual proceedings

Summary generated with AI from the published documents — refer to the award for the authoritative text.