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IN THE MATTER OF AN ARBITRATION UNDER THE NORTH AMERICAN FREE
TRADE AGREEMENT AND THE UNITED STATES-MEXICO-CANADA
AGREEMENT

- and -

THE ARBITRATION RULES OF THE
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (1976)

- between -

Coeur Mining, Inc.

(the “Claimant”)

and

United Mexican States

(the “Respondent”)

ICSID Case No. UNCT/22/1

PROCEDURAL ORDER No. 6

Tribunal
Ms. Sabina Sacco, President
Mr. Pierre Bienvenu, Ad. E.
Prof. Hugo Perezcano Díaz

Secretary of the Tribunal
Ms. Veronica Lavista

25 July 2024

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I. SCOPE OF THIS ORDER

1. This Procedural Order No. 6 (“PO6”) addresses the procedural calendar for this arbitration.

II. PROCEDURAL BACKGROUND

2. The procedural calendar for the jurisdictional phase of this arbitration was set out in Procedural Order No. 2 of 9 January 2024 (“PO2”).

3. On 26 March 2024, the procedural calendar set out in PO2 was suspended following the Claimant's request for certain documents and its request to strike certain expert reports from the record (the “Claimant's Application”). After considering the Parties' positions on the Claimant's Application, the Tribunal opened a limited document production phase, invited further submissions on the Claimant's Application, and invited the Parties to propose a revised procedural calendar.¹

4. On 9 April 2024, the Parties jointly proposed a revised procedural calendar.

5. On 16 April 2024, the Tribunal confirmed the timetable for the document production phase.

6. On 30 May 2024, the Tribunal determined that the hearing on jurisdiction would be held in person at the ICSID facilities in Washington, D.C. on 9 and 10 October 2024. On 6 June 2024, the Respondent requested the Tribunal to reconsider this decision. The Claimant submitted its comments on 12 June 2024, requesting the Tribunal to reject the Respondent's request for reconsideration.

7. On 19 June 2024, the Tribunal issued Procedural Order No. 5 (“PO5”) on the Claimant's Final Document Requests (as defined in that Order). In PO5, the Tribunal granted some of the Claimant's Final Document Requests, setting as date for production 19 July 2024.² The Tribunal further directed the Respondent to indicate, as soon as possible and at the latest by 19 July 2024, whether it objected to the production of specific documents based on claims of legal impediment or privilege, technical or commercial confidentiality, or special political or institutional sensitivity privilege and confidentiality.³ The Tribunal also invited the Parties to revert to the Tribunal as to the need for additional confidentiality protections that would apply to documents produced under PO5.⁴

8. On 2 July 2024, the Tribunal invited the Parties to comment on a revised procedural calendar, adapted to take into account the new date of production set out in PO5. The Tribunal's revised calendar proposed two scenarios, one that implemented the Parties'

¹ See Procedural Order No. 4 of 24 May 2024 (“PO4”), Section II. ↩

² PO5, ¶¶ 41-42. ↩

³ PO5, ¶¶ 39 and 44. ↩

⁴ PO5, ¶ 43. ↩

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originally agreed time limits (Scenario 1), and one that considered the possibility that the Respondent might raise specific objections on privilege and confidentiality (Scenario 2).

9. On 8 July 2024, the Tribunal rejected the Respondent's request to reconsider the hearing format, and confirmed that the hearing on jurisdiction would be held in person on 9-10 October 2024, in Washington, D.C.

10. On 9 July 2024, the Claimant confirmed that it agreed with the proposed procedural calendar and anticipated having to proceed under Scenario 2.

11. On 10 July 2024, the Respondent indicated that it had no comments on the proposed procedural calendar, but noted that it was still reviewing documents and was not yet in a position to indicate whether on 19 July 2024 it would raise specific objections to the production of certain documents.

12. Also on 10 July 2024, the Parties informed the Tribunal that, in accordance with paragraph 43 of PO5, they had agreed on an amendment to Procedural Order No. 3 (“PO3” or the “Confidentiality Order”), namely, that the definition of “Confidential Information” would include “information that a Party deems to have special political or institutional sensitivity”. This amendment was agreed without prejudice to the Respondent's right to raise specific objections to the production of certain documents based on special political or institutional sensitivity, or the Claimant's right to challenge any confidentiality designations.

13. On 19 July 2024, the Respondent objected to the production of certain documents on the basis of legal impediment or privilege, commercial or technical confidentiality, or special political or institutional sensitivity, and submitted a privilege and confidentiality log describing those documents.

III. REVISED PROCEDURAL CALENDAR

14. As the Respondent has raised specific objections to production pursuant to paragraph 36 of Procedural Order No. 1, as revised by paragraphs 39 and 40 of PO5, the Tribunal confirms that the procedural calendar for the jurisdictional phase will proceed under Scenario 2 of the Tribunal's revised procedural calendar, as reflected in Annex A to this Procedural Order.

On behalf of the Tribunal,

Signature

Sabina Sacco
President of the Tribunal

Date: 25 July 2024

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ANNEX A

Revised Procedural Calendar as of 25 July 2024

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