Silver Bull Resources v Mexico

NAFTA legacy claims dismissed

Case number: ARB/23/24
Decision date: May 28, 2026
Country or jurisdiction: International
Court or tribunal: ICSID Tribunal

An ICSID tribunal has dismissed Silver Bull Resources' NAFTA legacy claims against Mexico in a dispute over the Sierra Mojada mining project. The tribunal held that USMCA Annex 14-C preserved consent to arbitrate legacy claims only for alleged NAFTA breaches while NAFTA remained in force. It therefore lacked jurisdiction over the Article 1110 expropriation claim and dismissed the Article 1105, 1102 and 1103 claims on limitation, jurisdictional and causation grounds.

The tribunal also ordered Silver Bull to pay Mexico USD 997,700.11 in costs, plus simple interest at the U.S. Prime Rate.

A fuller case note will follow after review of the award.

Clough Projects Australia Pty Ltd v Elecnor Australia Pty Ltd [2026] NSWCA 111
The New South Wales Court of Appeal dismissed both Clough’s appeal and Elecnor’s cross-appeal from a partial stay order in a joint venture dispute. The Court left Elecnor’s DOCA and compulsory-acquisition claim in the Commercial List, but required Clough’s separate security-contribution cross-claim to proceed in Singapore-seated ICC arbitration. Bell CJ, with Ward P and Free JA agreeing, held that the proceedings involved two distinct “matters” for s 7 of the International Arbitration Act 1974 (Cth). The contribution claim was a discrete monetary controversy capable of arbitration. The compulsory-acquisition dispute was different because it required the court to address the effect of a DOCA and Part 5.3A of the Corporations Act in a way that could affect creditors and third-party interests. A fuller case note will follow after review of the judgment.
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