[5] On 17 March 2009, Commerce Group Corp. and San Sebastian Gold Mine filed a notice of intent to the government, alerting them of their plan to commence litigation, accusing the government of breaking terms within the Dominican Republic–Central America Free Trade Agreement (CAFTA)[6][5] On July 2, 2009, the joint venture filed a arbitration notice as per CAFTA rules,[5] seeking $100 million of damages.

[7] The government challenged jurisdiction of the International Centre for Settlement of Investment Disputes (ICSID).

[5] The Committee in Solidarity with the People of El Salvador reported on a call from 58 organizations for the company to drop the lawsuit.

[8] The ICSID found in favour of the government, agreeing that the joint venture should have dropped its claim in the national courts before starting the international dispute resolution, dismissing the joint venture's claim.

[5][9][10] The joint venture sought an annulment of the decision, claiming that the ICSID had overstepped its remit.