First Majestic Silver Corp v Mexico - First Majestic Initiates International Arbitration Request under NAFTA against the Government of Mexico - Press Release - 2 March 2021
2 March 2021 FIRST MAJESTIC SILVER CORP. announced today that it has submitted a Request for Arbitration to the International Centre for Settlement of Investment Disputes ("ICSID"), on its own behalf and on behalf of Primero Empresa Minera S.A. de C.V. ("PEM"), its subsidiary in Mexico, based on Chapter 11 of the North American Free Trade Agreement ("NAFTA").
Despite repeated attempts by the Company to encourage the Government of Mexico to engage in good faith negotiations to resolve the dispute, the Government has refused to engage. The Company believes that the Government's actions are contrary to the terms of the Advance Pricing Agreement, which established the methodology for determining PEM's revenues and taxes for the 2010 to 2014 fiscal years, and which, according to the Company's Mexican counsel remains valid in accordance with the Mexican Federal Tax Code unless and until it is nullified by a final instance Court. In addition, the Government of Mexico has refused to participate in the Mutual Agreement Procedures under three international double-taxation treaties signed by Mexico.
First Majestic has instructed its Washington D.C. international arbitration counsel, Arent Fox LLP, to initiate the process under the ICSID rules for constituting a neutral and independent arbitration tribunal to adjudicate the dispute under Chapter 11 of NAFTA with the Government of Mexico.