First Majestic Silver Corp. v United Mexican States - ICSID Case No. ARB/21/14 - NAFTA - Decision on Claimant's Second Request for Provisional Measures - 29 January 2026
Country
Year
2026
Summary
Source: icsid.worldbank.org
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91. Since the Tribunal rejects the Claimant's suspension request on the basis that NAFTA Article 1134 does not allow the suspension of PEM's 2012 Tax Reassessment, the Tribunal need not consider the Respondent's other objections. As explained in para. 76 above, the lack of any single requirement under the NAFTA or ICSID provisions prevents the Tribunal from granting the Claimant's requested provisional measures.
V. Decision
92. For the above reasons, the Tribunal unanimously decides as follows:
(1) Rejects the Claimant's Second Request;
(2) Reserves to the Award the decision on the allocation of costs resulting from the Claimant's Second Request.
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