An International Centre for Settlement of Investment Disputes arbitral tribunal has been established for the investment arbitration submitted by the Canadian Goldgroup Resources against México: the tribunal’s president is Colombian Eduardo Zuleta, and the co-arbitrators are Canadian Henri C. Álvarez and American Jean Engelmayer Kalicki, appointed by the claimant and respondent, respectively. Translation provided by JIGGSLAW®.
The conflict is related to a ten-year investment in DynaResoruce México, S.A. de C.V. by one of Goldgroup’s subsidiaries, which sought and was denied compensation. It alleges a denial of justice as a result of Mexico’s breach of the North America Free Trade Agreement’s obligations (“NAFTA”) and accuses the Mexican tribunals of failing to intervene and allowing a judicial expropriation of the investment.
Eduardo Zuleta has participated in 27 ICSID arbitrations, 22 as president (e.g.Total-Argentina, Steag-España, Agroinsumos-Venezuela, Perenco-Ecuador), as co-arbitrator in two arbitrations (e.g. René Rose Levy-Perú) and three as member of the committee (e.g. Impregilo-Argentina).
Henri C. Álvarez has participated in 22 ICSID arbitrations. Álvarez and Marín Corporación SA and others v. Panama, Teinver v. Argentina, Flughafen v. Venezuela, Total v. Argentina, or Aguas del Tunari v. Bolivia are a few examples.
Jean Engelmayer Kalicki has participated in 39 ICSID proceedings, twelve as president; eight as coarbitrator; 17 as counsel ( e.g. Victor Pey Casado v Chile; Industria Nacional de Alimentos, S.A. and Indalsa Perú, S.A. v Peru…), and two as a member of the Annulment Committee.
Goldgroup in Mexico
Goldgroup has a stake in DynaResource de México and is the owner of the gold exploration project in San José de Gracia, Sinaloa, and operates the Cierro Prieto gold mine in Sonora State, Mexico.
In 2016, an American arbitration tribunal decided that DynaUS had improperly excluded Goldgroup’s interests in the San José de Gracia Mexican project, which Goldgroup had been granted through a licence agreement with DynaUS.
In April 2021, Dyna’s appeal before the American tribunals to overturn the arbitral award was dismissed. In a statement on April 20, 2021, the Canadian company stated that it was unclear whether DynaUS or Dyna Mexico would challenge once again the arbitral award, the judgement rendered by the American tribunal or initiate new litigation proceedings in Mexico or the United States of America.