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ICSID Tribunal Tosses $2.7 Billion Access Business Claim Against Mexico for Lack of Jurisdiction

The panel held that Annex 14‑C did not carry forward NAFTA Chapter 11 protections for measures taken after the treaty ended.

Overview

  • The tribunal ruled on November 21, 2025, that it lacked jurisdiction over the dispute and dismissed the case in full.
  • Access Business Group had alleged an expropriation linked to SEDATU’s July 2022 transfer of Jalisco lands known as El Petacal to an ejido.
  • The company filed the arbitration in April 2023 under NAFTA and USMCA provisions, seeking $2.7 billion in damages.
  • The award directs Access Business Group to pay about $1.3 million to Mexico for arbitration expenses and costs.
  • The written decision is undergoing a confidentiality review before publication on the ICSID website, and Mexico’s Economy Ministry calls the outcome a significant investment‑arbitration precedent.