Silver Bull Announces Filing of Request for Arbitration with International Centre for Settlement of Investment Disputes
30 June 2023 - 6:30AM
Silver Bull Resources, Inc. (TSX: SVB, OTCQB: SVBL) (“Silver Bull”
or the “Company”) announces that it has commenced international
arbitration proceedings against the United Mexican States
(“Mexico”) under the Agreement between the United States of
America, Mexico, and Canada (the “USMCA”) and the North American
Free Trade Agreement (the “NAFTA”). The Arbitration arises from
Mexico’s unlawful expropriation and other unlawful treatment of
Silver Bull and its investments resulting from the illegal blockade
of Silver Bull’s Sierra Mojada project.
The arbitration has been initiated under the
Convention on the Settlement of Investment Disputes between States
and Nationals of Other States process, which falls under the
auspices of the World Bank’s International Centre for Settlement of
Investment Disputes (ICSID), to which Mexico is a signatory.
Silver Bull officially notified Mexico on March
2, 2023 of its intention to initiate an arbitration owing to
Mexico’s breaches of NAFTA by unlawfully expropriating Silver
Bull’s investments without compensation, failing to provide Silver
Bull and its investments with fair and equitable treatment or full
protection and security, and not upholding NAFTA’s national
treatment standard. Silver Bull held a meeting with Mexican
government officials in Mexico City on May 30, 2023, in an attempt
to explore amicable settlement options and avoid arbitration.
However, the 90-day period for amicable settlement under NAFTA
expired on June 2, 2023, without a resolution.
Despite repeated demands and requests for action
by the Company, Mexico’s governmental agencies have allowed the
unlawful blockade to continue, thereby failing to protect Silver
Bull’s investments. Consequently, Silver Bull will seek to recover
an amount of approximately US$178 million in damages that it has
suffered due to Mexico’s breach of its obligations under NAFTA,
which includes sunk costs of approximately US$82.5 million, usually
considered minimum damages in such cases.
The Company has engaged Boies Schiller Flexner
(UK) LLP (“BSF”), an international law firm with extensive
experience in international investment arbitration concerning
mining and other natural resources, to act on its behalf. The BSF
Team will be led by Timothy L. Foden, a noted practitioner in the
mining arbitration space.
On behalf of the Board of Directors“Tim Barry”
Tim Barry, CPAusIMMChief Executive Officer and
Director
INVESTOR RELATIONS:1 604 687 5800
info@silverbullresources.com
Cautionary note regarding forward
looking statements: This release may contain certain
information that is forward-looking and is subject to important
risks and uncertainties (such statements are usually accompanied by
words such as "anticipate", "expect", "believe", "may", "will",
"should", "estimate", "intend" or other similar words). Any
forward-looking statements in this document are intended to provide
Silver Bull security holders and potential investors with
information regarding Silver Bull, including management's
assessment of Silver Bull’s future plans and financial outlook. Any
forward-looking statements reflect Silver Bull's beliefs and
assumptions based on information available at the time the
statements were made and as such are not guarantees of future
performance. As actual results could vary significantly from the
forward-looking information, you should not put undue reliance on
forward-looking information and should not use future-oriented
information or financial outlooks for anything other than their
intended purpose. We do not update our forward-looking information
due to new information or future events, unless we are required to
by law. For additional information on the assumptions made, and the
risks and uncertainties which could cause actual results to differ
from the anticipated results, refer to the company’s filings under
Silver Bull’s profile on SEDAR at www.sedar.com and with the U.S.
Securities and Exchange Commission at www.sec.gov. Readers are
cautioned that forward-looking statements are not guarantees of
future performance and that actual results or developments may
differ materially from those expressed or implied in the
forward-looking statements. Any forward-looking statement made by
us in this release is based only on information currently available
to us and speaks only as of the date on which it is made. We
undertake no obligation to publicly update any forward-looking
statement, whether written or oral, that may be made from time to
time, whether as a result of new information, future developments
or otherwise.
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