Case Details

Bacanora Lithium Limited, Sonora Lithium Ltd., and Ganfeng International Trading (Shanghai) Co. Ltd. v. United Mexican States (ICSID Case No. ARB/24/21)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT China - Mexico 2008, BIT United Kingdom of Great Britain and Northern Ireland - Mexico 2006
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Bacanora Lithium Limited (British), Sonora Lithium Ltd. (British), Ganfeng International Trading (Shanghai) Co. Ltd. (Chinese)
Respondent(s):

United Mexican States (Mexican)
Date Registered:

June 21, 2024
Date of Constitution of Tribunal:

January 13, 2025

Composition of Tribunal

President:

Eduardo ZULETA (Colombian) - Appointed by the Parties
Arbitrators:

Donald DONOVAN (U.S.) - Appointed by the Claimant(s)
Pierre MAYER (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

White & Case, Miami, FL, U.S.A., New York, NY and Washington, D.C., U.S.A.
Creel, García-Cuéllar, Aiza y Enríquez, S.C., Mexico City, Mexico
Respondent(s):

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

English,Spanish
Status of Proceeding:

Pending
Latest Development:

April 2, 2026 - The Tribunal consents to the resignation of arbitrator Donald Francis Donovan pursuant to ICSID Arbitration Rule 25(2) and the Acting Secretary-General notifies the parties thereof.

(b) Consolidation Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

September 25, 2025
Date of Constitution of Tribunal:

November 24, 2025

Composition of Tribunal

President:

Eduardo ZULETA (Colombian)
Arbitrators:

Donald DONOVAN (U.S.)
Pierre MAYER (French)

Party Representatives

Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

April 6, 2026 - Following the resignation of arbitrator Donald Francis Donovan, the other arbitrators suspend the proceeding.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3 - Revised

Procedural Order No. 4

Procedural Order No. 5

Available on the ICSID Website

Procedural Order No. 1 (March 28, 2025) English (Original); Spanish (Original)

Procedural Order No. 2 (April 8, 2025) English (Original); Spanish (Original)

Procedural Order No. 3 - Revised (August 25, 2025) English (Original); Spanish (Original)

Procedural Order No. 4 (October 27, 2025) English (Original); Spanish (Original)

Procedural Order No. 5 (December 11, 2025) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
June 21, 2024	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
September 16, 2024	Following appointment by the Claimants, Donald Francis Donovan (U.S.) accepts his appointment as arbitrator.
October 14, 2024	Following appointment by the Respondent, Pierre Mayer (French) accepts his appointment as arbitrator.
January 11, 2025	Following appointment by agreement of the parties, Eduardo Zuleta Jaramillo (Colombian) accepts his appointment as presiding arbitrator.
January 13, 2025	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Eduardo Zuleta Jaramillo (Colombian), President, appointed by agreement of the parties; Donald Francis Donovan (U.S.), appointed by the Claimants; and Pierre Mayer (French), appointed by the Respondent.
March 11, 2025	The Tribunal holds a first session by video conference.
March 28, 2025	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 8, 2025	The Tribunal issues Procedural Order No. 2 concerning transparency and confidentiality.
April 26, 2025	The Claimants file a memorial on the merits.
June 10, 2025	The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44.
July 24, 2025	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
August 25, 2025	The Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the preliminary objections are joined to the merits of the dispute.
September 25, 2025	The Respondent files a request for suspension of the proceeding pursuant to ICSID Arbitration Rule 54(2).
October 6, 2025	The Claimants filed observations on the Respondent’s request for suspension.
October 10, 2025	The Respondent filed further observations on the request for suspension.
October 16, 2025	The Claimants filed further observations on the request for suspension.
October 27, 2025	The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request for suspension of the proceeding.
December 11, 2025	The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request for suspension of the proceeding.
March 7, 2026	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
April 2, 2026	Following the resignation of arbitrator Donald Francis Donovan, the Acting Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 26(2).
April 2, 2026	The Tribunal consents to the resignation of arbitrator Donald Francis Donovan pursuant to ICSID Arbitration Rule 25(2) and the Acting Secretary-General notifies the parties thereof.

(b) Consolidation Proceeding

Date	Development
September 25, 2025	The Respondent files a request for consolidation pursuant to Article 14 of the of the Agreement Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United Mexican States for the Promotion and Reciprocal Protection of Investments.
November 24, 2025	A Consolidation Tribunal is established in accordance with Article 14 of the of the Agreement Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United Mexican States for the Promotion and Reciprocal Protection of Investments. Its members are: Eduardo Zuleta Jaramillo (Colombian), President, Donald Francis Donovan (U.S.) and Prof. Pierre Mayer (French).
November 27, 2025	The Respondent files a request for suspension.
December 5, 2025	The Claimants filed observations on the Respondent’s request for suspension.
December 11, 2025	The Consolidation Tribunal issues a decision on the Respondent’s request for suspension.
January 14, 2026	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 24, 2026	The Respondent files a memorial on consolidation.
March 13, 2026	The Claimants file a statement of defence.
April 2, 2026	Following the resignation of arbitrator Donald Francis Donovan, there is a vacancy on the Tribunal.
April 6, 2026	Following the resignation of arbitrator Donald Francis Donovan, the other arbitrators suspend the proceeding.