1 1. In accordance with the timetable set out in Procedural Order No. 5 dated February 17, 2015 and Articles 21 and 23 of the Arbitration Rules of the United Nations Commission on International Trade Law, as revised in 2010 (the “Rules”)1, the Plurinational State of Bolivia (“Bolivia” or the “State”) submits its Objection to Jurisdiction, Admissibility and Counter-Memorial on the Merits (the “Counter-Memorial”) in response to the Statement of Claim and Memorial by South American Silver Limited (“SAS” or “Claimant”) dated September 24, 2014 (the “Statement of Claim”). 

2. This Counter-Memorial includes the Witness Statement of Mr. Felix Gonzales Bernal, Governor of the Department of Potosí (“Gov. Gonzales” or “RWS-1”) and expert affidavit of Dr. Liborio Uño Acebo (“Uño” or “RER-1”), Professor Kadri Dagdelen of OptiTech Engineering Solutions Inc. and the Colorado School of Mines (“Dagdelen” or “RER-2”), and Messrs. Graham A. Davis and Florin A. Dorobantu at The Brattle Group (“Brattle” or “RER-3”), and documentary attachments R-9 to R-146 and judicial attachments (doctrine and case law) RLA-1 to RLA-175. 

1. INTRODUCTION 

3. The current case constitutes one of the clearest examples of social irresponsibility by an international mining company. In addition to causing serious events with their actions and omissions that unleashed massive protests and critical state of public commotion in the North of the Potosi Department, SAS’s claims constitute, from at least three points of view, an abuse to the procedure: