Case Details

First Majestic Silver Corp. v. United Mexican States (ICSID Case No. ARB/21/14)

Subject of Dispute:

Mining
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

NAFTA (North American Free Trade Agreement), USMCA (United States-Mexico-Canada Agreement)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

First Majestic Silver Corp. (Canadian)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

March 31, 2021
Date of Constitution of Tribunal:

August 20, 2021

Composition of Tribunal

President:

Giorgio SACERDOTI (Italian) - Appointed by the Parties
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Yves DERAINS (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

First Majestic Silver Corp.
Arent Fox
Respondent(s):

Dirección General de Consultoría Jurídica de Comercio Internacional Secretaría de Economía
Tereposky & DeRose, Ontario, Canada
Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

July 16, 2024 -
The proceeding is stayed in accordance with NAFTA Article 1126(9).

(b) Consolidation Proceeding

Date Registered:

February 12, 2024
Date of Constitution of Tribunal:

May 8, 2024

Composition of Tribunal

President:

Albert Jan VAN DEN BERG (Dutch) - Appointed by the Secretary-General
Arbitrators:

Tina M. CICCHETTI (Canadian, Italian) - Appointed by the Secretary-General
Christian VIDAL-LEÓN (Mexican, Spanish) - Appointed by the Secretary-General

Party Representatives

Claimant(s):

ArentFox Schiff New York, NY, U.S.A. and Washington, D.C., U.S.A.
Respondent(s):

Dirección General de Consultoría Jurídica de Comercio Internacional, Secretaría de Economía, Mexico City, Mexico
Tereposky & DeRose, Ontario, Canada
Pillsbury Winthrop Shaw Pittman, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

August 29, 2024 - The Tribunal issues Procedural Order No. 2 concerning procedural matters.

(a) Original Proceeding

Published Decisions

Request for Arbitration

Procedural Order No. 1

Claimant's Memorial

Procedural Order No. 2

Respondent's Counter-Memorial

Claimant's Request for Provisional Measures

Procedural Order No. 3

Respondent's Response to the Claimant's Request for Provisional Measures

Procedural Order No. 4

Tribunal's Decision on Provisional Measures

Procedural Order No. 1 - Revised Procedural Calendar

Respondent’s Provisional Measures Revocation Request

Claimant’s Reply to Respondent’s Request for Revocation of Recommendation of Provisional Measures

Respondent’s Preliminary Objection

Claimant’s Response to the Respondent’s Preliminary Objection to Jurisdiction

Decision on Respondent’s Provisional Measures Revocation Request

Procedural Order No. 5

Procedural Order No. 5 - Annex A

Procedural Order No. 5 - Annex B

Respondent's Reply on the Preliminary Objection to Jurisdiction

Claimant’s Rejoinder to the Respondent’s Preliminary Objection to Jurisdiction

Decision on Respondent’s Preliminary Objection to Jurisdiction

Available on the ICSID Website

Request for Arbitration (March 1, 2021) English (Original)

Procedural Order No. 1 (October 21, 2021) English (Original)

Claimant's Memorial (April 25, 2022) English (Original)

Procedural Order No. 2 (May 27, 2022) English (Original)

Respondent's Counter-Memorial (November 25, 2022) Spanish (Original)

Claimant's Request for Provisional Measures (January 4, 2023) English (Original)

Procedural Order No. 3 (February 6, 2023) English (Original)

Respondent's Response to the Claimant's Request for Provisional Measures (February 10, 2023) Spanish (Original)

Procedural Order No. 4 (March 9, 2023) English (Original)

Tribunal's Decision on Provisional Measures (May 26, 2023) English (Original)

Procedural Order No. 1 - Revised Procedural Calendar (July 21, 2023) English (Original)

Respondent’s Provisional Measures Revocation Request (June 19, 2023) English (Original)

Claimant’s Reply to Respondent’s Request for Revocation of Recommendation of Provisional Measures (July 21, 2023) English (Original)

Respondent’s Preliminary Objection (July 28, 2023) English (Original)

Claimant’s Response to the Respondent’s Preliminary Objection to Jurisdiction (September 1, 2023) English (Original)

Decision on Respondent’s Provisional Measures Revocation Request (September 1, 2023) English (Original)

Procedural Order No. 5 (September 21, 2023) English (Original)

Procedural Order No. 5 - Annex A (September 21, 2023) English (Original)

Procedural Order No. 5 - Annex B (September 21, 2023) English (Original)

Respondent's Reply on the Preliminary Objection to Jurisdiction (September 9, 2023) English (Original)

Claimant’s Rejoinder to the Respondent’s Preliminary Objection to Jurisdiction (November 6, 2023) English (Original)

Decision on Respondent’s Preliminary Objection to Jurisdiction (December 20, 2023) English (Original)

(b) Consolidation Proceeding

Published Decisions

Respondent’s Consolidation Request

Procedural Order No. 1

Procedural Order No. 1 - Annex B

Procedural Order No. 2

Available on the ICSID Website

Respondent’s Consolidation Request (February 12, 2024) English (Original); Spanish (Original)

Procedural Order No. 1 (August 5, 2024) English (Original)

Procedural Order No. 1 - Annex B (August 5, 2024) English (Original)

Procedural Order No. 2 (August 29, 2024) English (Original)

(a) Original Proceeding

Date	Development
March 31, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
April 8, 2021	Following appointment by the Claimant, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
June 7, 2021	Following appointment by the Respondent, Yves Derains (French) accepts his appointment as arbitrator.
August 20, 2021	Following appointment by agreement of the parties, Giorgio Sacerdoti (Italian) accepts his appointment as presiding arbitrator.
August 20, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Giorgio Sacerdoti (Italian), President, appointed by agreement of the parties; Stanimir A. Alexandrov (Bulgarian), appointed by the Claimant; and Yves Derains (French), appointed by the Respondent.
October 21, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 25, 2022	The Claimant files a memorial on the merits.
May 27, 2022	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
November 25, 2022	The Respondent files a counter-memorial on the merits.
January 4, 2023	The Claimant files a request for provisional measures.
February 6, 2023	The Tribunal issues Procedural Order No. 3 concerning the confidentiality of documents.
February 10, 2023	The Respondent files observations on the Claimant’s request for provisional measures.
March 9, 2023	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
March 13, 2023	The Tribunal holds a hearing on provisional measures by video conference.
May 26, 2023	The Tribunal issues a decision on provisional measures.
June 19, 2023	The Respondent files a request for the revocation of the provisional measures.
July 21, 2023	The Claimant files a reply to the Respondent’s request of June 19, 2023.
July 28, 2023	The Respondent files a preliminary objection to jurisdiction.
September 1, 2023	The Tribunal issues a decision on the Respondent’s request of June 19, 2023.
September 1, 2023	The Claimant files a response to the Respondent’s preliminary objection to jurisdiction.
September 9, 2023	The Respondent files a reply on the preliminary objection to jurisdiction.
September 21, 2023	The Tribunal issues Procedural Order No. 5 concerning the production of documents.
November 6, 2023	The Claimant files a rejoinder on the preliminary objection to jurisdiction.
December 20, 2023	The Tribunal issues a decision concerning the Respondent’s preliminary objection to jurisdiction.
June 24, 2024	The Claimant presents ancillary claims.
July 11, 2024	The Respondent files observations on the ancillary claims.
July 16, 2024	The proceeding is stayed in accordance with NAFTA Article 1126(9).

(b) Consolidation Proceeding

Date	Development
February 12, 2024	The Respondent files a request for consolidation pursuant to NAFTA Article 1126.
May 8, 2024	A Consolidation Tribunal is established in accordance with NAFTA Article 1126. Its members are: Albert Jan van den Berg (Dutch), President; Tina M. Cicchetti (Canadian/Italian); and Christian Vidal-León (Mexican/Spanish).
July 16, 2024	The Tribunal holds a first session by video conference.
August 5, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 29, 2024	The Tribunal issues Procedural Order No. 2 concerning procedural matters.