Case Details

Silver Bull Resources, Inc. v. United Mexican States (ICSID Case No. ARB/23/24)

Subject of Dispute:

Mining concession
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):

Silver Bull Resources, Inc. (U.S.)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

July 20, 2023
Date of Constitution of Tribunal:

January 5, 2024

Composition of Tribunal

President:

Ian GLICK (British) - Appointed by the Parties
Arbitrators:

Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Boies Schiller Flexner, London, U.K., Washington D.C. and NY, U.S.A.
Ríos Ferrer + Gutiérrez, Mexico City, Mexico
Respondent(s):

Dirección General de Consultoría Jurídica de Comercio Internacional, Secretaría de Economía, Mexico City, Mexico
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

April 25, 2025 - The Claimant files a reply on the merits.

(a) Original Proceeding

Published Decisions

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

Revised timetable

Claimant’s Memorial

Decision on the Claimant's Proposal to Disqualify Prof. Philippe Sands

Counter-memorial on the Merits

Procedural Order No. 3

Annex A to Procedural Order No. 3

Annex B to Procedural Order No. 3

Available on the ICSID Website

Request for Arbitration (June 28, 2023) English (Original)

Procedural Order No. 1 (February 26, 2024) English (Original); Spanish (Original)

Procedural Order No. 2 (March 11, 2024) English (Original); Spanish (Original)

Revised timetable (October 28, 2024) English (Original)

Claimant’s Memorial (June 17, 2024) English (Original); Spanish (Original)

Decision on the Claimant's Proposal to Disqualify Prof. Philippe Sands (October 21, 2024) English (Original); Spanish (Original)

Counter-memorial on the Merits (December 23, 2024) English (Original); Spanish (Original)

Procedural Order No. 3 (February 19, 2025) English (Original); Spanish (Original)

Annex A to Procedural Order No. 3 (February 19, 2025) English (Original)

Annex B to Procedural Order No. 3 (February 19, 2025) English (Original)

(a) Original Proceeding

Date	Development
July 20, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
October 5, 2023	Following appointment by the Claimant, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator.
November 2, 2023	Following appointment by the Respondent, Philippe J. Sands (British/French/Mauritian) accepts his appointment as arbitrator.
January 5, 2024	Following appointment by agreement of the parties, Ian Glick (British) accepts his appointment as presiding arbitrator.
January 5, 2024	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ian Glick (British), President, appointed by agreement of the parties; Stephen Drymer (Canadian), appointed by the Claimant; and Philippe Sands (British / French / Mauritian), appointed by the Respondent.
February 13, 2024	The Tribunal holds a first session by video conference.
February 26, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 11, 2024	The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.
June 17, 2024	The Claimant files a memorial on the merits.
August 20, 2024	The Claimant files a proposal for disqualification of arbitrator Philippe Sands pursuant to ICSID Arbitration Rule 22(1). The proceeding is suspended in accordance with ICSID Arbitration Rule 22(2).
September 10, 2024	The Respondent files observations on the proposal for disqualification.
September 16, 2024	The arbitrator files a statement regarding the proposal for disqualification.
September 23, 2024	The Claimant files a final written submission on the proposal for disqualification.
October 21, 2024	The proposal for disqualification of arbitrator Philippe Sands is declined by the co-arbitrators. The proceeding continues pursuant to ICSID Arbitration Rule 22(2).
December 23, 2024	The Respondent files a counter-memorial on the merits
February 19, 2025	The Tribunal issues Procedural Order No. 3 concerning production of documents.
April 25, 2025	The Claimant files a reply on the merits.