RE: X25 Nov 2023 11:37
@Zoom56,
Trade agreements
Both establish you cannot nationalise investments from trading partners and four months for the initial local resolution, Ganfeng will be at that point before the end of January as far as I can see, and as we are a little behind we have the luxury of seeing how the Mex gov respond
Ganfeng's dispute agreement:
Annex to Article 13 paragraph 5
An investor shall go through the domestic administrative review procedures as specified by the laws and regulations of the disputing Contracting Party before the submission to international arbitration in accordance with Chapter III, Section One. ***If the domestic administrative review procedures are not complete within four (4) months after the date an application for the review is first filed***, it shall be considered that the procedures are complete and the investor may proceed to an international arbitration. The investor may file an application for the review during the six (6) months consultation or negotiation period as provided in Article 12.
https://investmentpolicy.unctad.org/international-investment-agreements/treaty-files/759/download
The agreement Cadence minerals are disputing:
ARTICLE 21
Settlement of Disputes Between the Contracting Parties
1. The Contracting Parties shall endeavour to resolve any dispute between them
concerning the interpretation or application of this Agreement, by means of prompt
and friendly consultations and negotiations.
2. If a dispute is not resolved by such means ****within four months**** from the date
on which a Contracting Party requested such negotiations or consultations, the
dispute shall be submitted, at the request of either Contracting Party, to an arbitral
tribunal established in accordance with the provisions of this Article or, by
agreement of the Contracting Parties, to any other international tribunal.
https://assets.publishing.service.gov.uk/media/5a74ba5ae5274a3cb2866b4c/6860.pdf
I'm thinking perhaps Mexican opposition politicians and the press are unaware of the agreements?
Mexico / Britain
ARTICLE 7
Expropriation
1. Investments of investors of either Contracting Party shall not be nationalised or expropriated, either directly or indirectly through measures having effect equivalent to nationalisation or expropriation (“expropriation”) in the territory of the other Contracting Party except for a public purpose, on a non-discriminatory basis, in accordance with due process of law and against compensation.
Mexico / China
ARTICLE 7
Expropriation and Compensation
1. Neither Contracting Party may expropriate or nationalize an investment either directly or indirectly through measures tantamount to expropriation or nationalization (“expropriation”), except: