Hogan Lovells advises Grupo México and Americas Mining Corporation in precedent-setting USMCA labor arbitration

The panel was formed by the Mexican government at the request of the U.S. Trade Representative to review whether workers at Grupo México’s San Martin mine facility were being denied the right to freedom of association and collective bargaining. At the conclusion of a 45-day review period, Mexico disagreed with the United States and found no denial of rights to exist.

In an April decision, the panel unanimously determined that it lacks jurisdiction under the USMCA to pronounce on the merits of the San Martin mine. Therefore, the panel dismissed the United States’ case against Mexico and Grupo México in its entirety on both jurisdictional and substantive grounds. 

A cross-border, multi-practice Hogan Lovells team advised Grupo Mexico, led by partners Jonathan Stoel and Jared Wessel (both International Trade and Investment), Ivan Zapien (Government Relations and Policy Advisory, all Washington, D.C.), and Hugo Hernandez-Ojeda (Litigation, Arbitration and Employment, Mexico City). They were assisted by counsel Mike Jacobson (International Trade and Investment, Washington, D.C.) and Luis Rosas (Litigation, Arbitration and Employment, Mexico City); senior associates Orlando Cabrera (International Arbitration, Mexico City), and associates Josh LaFianza and Cassady Cohick (International Trade and Investment, both Washington, D.C.), and Shannon Finnegan (Litigation, Arbitration, and Employment, Philadelphia).