ICSID - International Centre for Settlement of Investment Disputes

10/30/2024 | Press release | Archived content

Claimant’s Memorial

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: (i)
    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): (i)
    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. and NY, U.S.A.
  • 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:
    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).

(a) Original Proceeding

Published Decisions

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

Revised timetable

Claimant's Memorial

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)

(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).