Arbitral Digest

Matter

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

Case no.
ARB/23/24
Applicable rules
ICSID Arbitration Rules in force as of July 1, 2022
  1. 26 February 2024Arbitration

    26 February 2024Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued the procedural rules governing the arbitration and adopted the attached procedural timetable.

    Supporting details

    3 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • ICSID Arbitration Rules 2022 (2022 ICSID Arbitration Rules)
      statute
    • North American Free Trade Agreement (NAFTA)
      statute

    14 days later · 14 days

  2. 11 March 2024Arbitration

    11 March 2024Arbitration

    Procedural Order No. 2 on Transparency and Confidentiality

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued the transparency and confidentiality regime for the arbitration, including rules for redaction, publication, and closed hearings.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • ICSID Arbitration Rules 2022 (2022 ICSID Arbitration Rules)
      statute

    7 months and 10 days later · 224 days

  3. 21 October 2024Arbitration

    21 October 2024Arbitration

    Decision on the Claimant's Proposal to Disqualify Professor Philippe Sands KC

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Claimant's proposal to disqualify Professor Philippe Sands and terminated the suspension of the proceeding from the date of the Decision.

    Supporting details

    2 authorities · 3 participants
    Silver Bull Resources, Inc.
    United Mexican States
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Philippe Sands

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • ICSID Arbitration Rules 2022 (2022 ICSID Arbitration Rules)
      statute

    3 months and 29 days later · 121 days

  4. 19 February 2025Arbitration

    19 February 2025Arbitration

    Procedural Order No. 3 on Requests for Document Production

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the Parties' document production requests and objections as set out in the Redfern Schedules and directed production in accordance with Procedural Order No. 1.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • ICSID Arbitration Rules 2022 (2022 ICSID Arbitration Rules)
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration 2020 (2020 IBA Rules on the Taking of Evidence in International Arbitration)
      statute

    6 months and 27 days later · 208 days

  5. 15 September 2025Arbitration

    15 September 2025Arbitration

    Procedural Order No. 4 Concerning an Application for a Witness to Give Evidence Remotely

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the Parties to arrange for Lorenzo Fraire Hernandez to give evidence remotely from a neutral location in Mexico City and directed the Respondent to pay his travel, accommodation, and subsistence expenses in Mexico City without prejudice to final costs allocation.

    Supporting details

    2 participants
    United Mexican States
    International Centre for Settlement of Investment Disputes
    Other

    3 days later · 3 days

  6. 18 September 2025Arbitration

    18 September 2025Arbitration

    Procedural Order No. 5 on the Organization of the Hearing

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set procedural rules for the organization and conduct of the hearing on jurisdiction and merits, including an in-person hearing in Washington, D.C. from 6 to 10 October 2025, with 11 October held in reserve.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 days later · 4 days

  7. 22 September 2025Arbitration

    22 September 2025Arbitration

    Procedural Order No. 6 Concerning the Application of a Non-Disputing Party for Permission to File a Written Submission

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected Proyecto de Derechos Economicos, Sociales y Culturales, AC's application for permission to file a written non-disputing party submission because the material submitted did not satisfy the Tribunal that admission would assist in determining an aspect of the dispute.

    Supporting details

    1 authority · 1 participant
    Proyecto de Derechos Economicos, Sociales y Culturales, AC
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • ICSID Arbitration Rules 2022 (2022 ICSID Arbitration Rules)
      statute

    8 months and 7 days later · 249 days

  8. 29 May 2026Arbitration

    29 May 2026Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed Silver Bull's claim under NAFTA Article 1110 for lack of jurisdiction. It dismissed the claims under Articles 1105, 1102, and 1103 as time-barred in part, outside jurisdiction in part, and unsupported by a sustainable claim for loss or damage caused during the relevant period. The Tribunal ordered the Claimant to bear 60% of the arbitration costs and 60% of the Respondent's own legal fees and expenses, and to pay the Respondent USD 997,700.11 with simple interest at the U.S. Prime Rate from the date of the Award until payment. All other claims and defenses were rejected.

    Supporting details

    4 authorities · 5 participants
    Silver Bull Resources, Inc.
    United Mexican States
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Stephen Drymer
    Arbitrator
    Philippe Sands
    Tribunal secretary
    Celeste E. Salinas Quero

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • ICSID Arbitration Rules 2022 (2022 ICSID Arbitration Rules)
      statute
    • North American Free Trade Agreement (NAFTA)
      statute
    • United States-Mexico-Canada Agreement (USMCA)
      statute

Matter record

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