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ARTICLE · 22 MAY 2024

Mexico Prevails In First USMCA RRM Panel Decision: What Happened And What Could Happen Next?

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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U.S. loses first RRM case heard by a panel. But how did the panel reach this conclusion? What could happen next in this case? And what does this mean for future cases and for the RRM?

GlobalInternational Law

U.S. loses first RRM case heard by a panel. But how did the panel reach this conclusion? What could happen next in this case? And what does this mean for future cases and for the RRM?

For a refresher on the RRM, check out my previous post on our Trade and Manufacturing Monitor.

What happened?

On May 13, 2024, the United States-Mexico-Canada Agreement (USMCA) Rapid Response Labor Mechanism (RRM) panel decision in the San Martin mine case was published. The panel decision – dated April 26 – confirms previous reports that Mexico prevailed in the first RRM case to reach a panel, concerning events at Grupo Mexico's lead, zinc, and copper mine in Zacatecas, Mexico.

The case began with a petition filed on May 15, 2023, by the three labor unions: the AFL-CIO, the United Steel Workers (USW), and Los Mineros, a Mexican mining union. The petition alleged that Grupo Mexico committed "denials of rights" (the term of art for a violation of Mexican law actionable under the

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