LEGAL BRIEFING ON THE ARBITRAL TRIBUNAL'S DECISION TO DENY THIRD PARTY SUBMISSION IN ODYSSEY MARINE EXPLORATION, INC. V. THE UNITED MEXICAN STATES

The document analyzes the denial of third-party participation in the Odyssey v. Mexico case, arguing that the tribunal's discretionary power to exclude affected communities undermines the legitimacy of the investor-state dispute settlement (ISDS) system and ignores critical environmental and human rights considerations.

• On December 20, 2021, the arbitral tribunal in Odyssey Marine Exploration, Inc. v. United Mexican States (ICSID No. UNCT/20/1) denied an application for leave to file an amicus curiae brief by the Center for International Environmental Law (CIEL) and the Sociedad Cooperativa de Producción Pesquera Puerto Chale.
• The tribunal's majority reasoned that the applicants lacked a significant interest in the arbitration and would not provide knowledge or insight different from the disputing parties. The majority specifically argued that because the claimant sought compensation for NAFTA breaches rather than project restitution, the Cooperativa did not have a significant interest.
• The Don Diego Project, a seabed mining project off Mexico’s Baja California Peninsula, is identified as posing risks to the marine environment of the Gulf of Ulloa, the livelihoods of local fisherfolk, and human rights including the rights to work, health, a healthy environment, and cultural life.
• Arbitrator Professor Philippe Sands dissented from the majority, stating that the Cooperativa's unique perspective as a directly affected community was valuable and that the decision to exclude them undermines the legitimacy of the proceedings.
• The document argues that the ISDS system's reliance on a 'discretionary power to authorize' rather than a 'duty to recognise' public interest representation allows tribunals to dismiss environmental and human rights concerns without proper argumentation.
• The briefing notes a broader international movement against seabed mining, citing a September 2021 motion by the World Conservation Congress of the International Union for the Conservation of Nature (IUCN) for a moratorium and a statement by 622 marine science and policy experts from over 44 countries calling for a pause.

APA

Center for International Environmental Law (2022). LEGAL BRIEFING ON THE ARBITRAL TRIBUNAL'S DECISION TO DENY THIRD PARTY SUBMISSION IN ODYSSEY MARINE EXPLORATION, INC. V. THE UNITED MEXICAN STATES. https://www.ciel.org/wp-content/uploads/2022/02/Legal-Briefing-on-the-Arbitral-Tribunals-Decision-to-Deny-Third-Party-Submission-in-Odyssey-Marine-Exploration-Inc-v-The-United-Mexican-States_English.pdf

Chicago

Center for International Environmental Law. LEGAL BRIEFING ON THE ARBITRAL TRIBUNAL'S DECISION TO DENY THIRD PARTY SUBMISSION IN ODYSSEY MARINE EXPLORATION, INC. V. THE UNITED MEXICAN STATES. 2022. https://www.ciel.org/wp-content/uploads/2022/02/Legal-Briefing-on-the-Arbitral-Tribunals-Decision-to-Deny-Third-Party-Submission-in-Odyssey-Marine-Exploration-Inc-v-The-United-Mexican-States_English.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=LEGAL BRIEFING ON THE ARBITRAL TRIBUNAL'S DECISION TO DENY THIRD PARTY SUBMISSION IN ODYSSEY MARINE EXPLORATION, INC. V. THE UNITED MEXICAN STATES |date=February 2022 |url=https://www.ciel.org/wp-content/uploads/2022/02/Legal-Briefing-on-the-Arbitral-Tribunals-Decision-to-Deny-Third-Party-Submission-in-Odyssey-Marine-Exploration-Inc-v-The-United-Mexican-States_English.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2022legal, author = {{Center for International Environmental Law}}, title = {{LEGAL BRIEFING ON THE ARBITRAL TRIBUNAL'S DECISION TO DENY THIRD PARTY SUBMISSION IN ODYSSEY MARINE EXPLORATION, INC. V. THE UNITED MEXICAN STATES}}, institution = {Center for International Environmental Law}, year = {2022}, month = feb, url = {https://www.ciel.org/wp-content/uploads/2022/02/Legal-Briefing-on-the-Arbitral-Tribunals-Decision-to-Deny-Third-Party-Submission-in-Odyssey-Marine-Exploration-Inc-v-The-United-Mexican-States_English.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }