Case Details

Infinito Gold Ltd. v. Republic of Costa Rica (ICSID Case No. ARB/14/5)

Subject of Dispute:

Gold mining project
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Costa Rica - Canada 1998
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Infinito Gold Ltd (Canadian)
Respondent(s):

Republic of Costa Rica (Costa Rican)
Date Registered:

March 4, 2014
Date of Constitution of Tribunal:

September 29, 2014

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Torys, Toronto, Canada
Respondent(s):

Arnold & Porter, Washington, D.C., U.S.A. and London, U.K.
Ministry of Foreign Trade, San José, Costa Rica
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 3, 2021 - The Tribunal renders its award; attached to the award is a separate opinion by arbitrator Brigitte Stern.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

October 18, 2021
Date of Constitution of ad hoc Committee:

January 6, 2022

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

D. Brian KING (U.S.)
Members:

José Antonio MORENO RODRÍGUEZ (Paraguayan)
Deva VILLANUA GOMEZ (Spanish)

Party Representatives

Claimant(s):

Torys, Toronto, Canada
Respondent(s):

Ministry of Foreign Trade, San José, Costa Rica
Arnold & Porter Kaye Scholer LLP, Washington DC, U.S.A. and London, UK
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 15, 2024 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Decision on Jurisdiction

Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 6 - Annex A

Procedural Order No. 6 - Annex B

Procedural Order No. 7

Award, Separate Opinion and Annex A

Available on the ICSID Website

Procedural Order No. 1 (February 17, 2015) English (Original); Spanish (Original)

Procedural Order No. 2 (June 1, 2016) English (Original)

Procedural Order No. 3 (June 10, 2016) English (Original)

Procedural Order No. 4 (January 9, 2017) English (Original)

Decision on Jurisdiction (December 4, 2017) English (Original); Spanish (Original)

Procedural Order No. 5 (February 22, 2018) English (Original)

Procedural Order No. 6 (September 17, 2018) English (Original)

Procedural Order No. 6 - Annex A (September 17, 2018) English (Original)

Procedural Order No. 6 - Annex B (September 17, 2018) English (Original)

Procedural Order No. 7 (July 1, 2019) English (Original); Spanish (Original)

Award, Separate Opinion and Annex A (June 3, 2021) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
March 4, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
June 24, 2014	Following appointment by the Claimant, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
August 12, 2014	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
September 15, 2014	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
September 29, 2014	Following appointment by the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by the parties; Bernard Hanotiau (Belgian), appointed by the Claimant; and Brigittte Stern (French), appointed by the Respondent.
January 22, 2015	The Tribunal holds a first session by telephone conference.
February 17, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 24, 2015	The Respondent files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
July 27, 2015	The Tribunal invites the Claimant to file observations on the Respondent’s request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
September 29, 2015	The Claimant files observations on the Respondent’s request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
October 2, 2015	The Tribunal issues a ruling for the continuation of the proceeding.
December 23, 2015	The Claimant files a memorial on the merits.
April 8, 2016	The Respondent files a memorial on jurisdiction.
April 29, 2016	Each party files observations on the non-disputing party’s application.
May 27, 2016	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
June 1, 2016	The Tribunal issues Procedural Order No. 2 on the non-disputing party’s application pursuant to ICSID Arbitration Rule 37(2).
June 10, 2016	The Tribunal issues Procedural Order No. 3 concerning production of documents.
July 7, 2016	The Claimant files a counter-memorial on jurisdiction.
July 19, 2016	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
October 1, 2016	The Respondent files a reply on jurisdiction and observations on the non-disputing party’s written submission pursuant to ICSID Arbitration Rule 37(2).
December 16, 2016	The Claimant files a rejoinder on jurisdiction and observations on the non-disputing party’s written submission pursuant to ICSID Arbitration Rule 37(2).
January 9, 2017	The Tribunal issues Procedural Order No. 4 concerning hearing organization.
January 19, 2017 - January 20, 2017	The Tribunal holds a hearing on jurisdiction in New York City.
March 10, 2017	Each party files a statement of costs.
December 4, 2017	The Tribunal issues a decision on jurisdiction.
January 19, 2018	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
February 9, 2018	Each party files observations on the non-disputing party’s application.
February 22, 2018	The Tribunal issues Procedural Order No. 5 on the non-disputing party’s application pursuant to ICSID Arbitration Rule 37(2).
April 30, 2018	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
July 30, 2018	The Respondent files a counter-memorial on the merits.
August 24, 2018	A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).
August 27, 2018	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
August 31, 2018	Each party files observations on the non-disputing party’s application.
September 17, 2018	The Tribunal issues Procedural Order No. 6 concerning production of documents.
September 18, 2018	The Tribunal decides on the non-disputing party’s application of 24 August 2018 pursuant to ICSID Arbitration Rule 37(2).
November 30, 2018	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
December 7, 2018	The Respondent files a document production request.
December 14, 2018	The Claimant files a response to Respondent’s request of December 7, 2018.
January 8, 2019	The Tribunal decides concerning production of documents.
February 5, 2019	The Claimant files a reply on the merits.
May 31, 2019	The Respondent files a rejoinder on the merits.
June 27, 2019	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
July 1, 2019	The Tribunal issues Procedural Order No. 7 concerning hearing organization.
July 22, 2019 - July 25, 2019	The Tribunal holds a hearing on jurisdiction and the merits in Washington, DC.
September 20, 2019	Each party files a statement of costs.
May 19, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 3, 2021	The Tribunal renders its award; attached to the award is a separate opinion by arbitrator Brigitte Stern.

(b) Annulment Proceeding

Date	Development
October 18, 2021	The Secretary-General registers an application for partial annulment of the award filed by Infinito Gold Ltd.
January 6, 2022	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: D. Brian King (U.S.), President; José Antonio Moreno Rodríguez (Paraguayan); and Deva Villanúa Gómez (Spanish); all members appointed by the Chairman of the Administrative Council.
April 29, 2022	The Acting Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
May 2, 2022	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
November 2, 2022	The proceeding is resumed following payment of the required advances.
December 5, 2022	The ad hoc Committee holds a first session by video conference.
December 22, 2022	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
May 29, 2023	Infinito Gold Ltd. files a memorial on annulment.
November 20, 2023	The Republic of Costa Rica files a counter-memorial on annulment.
February 20, 2024	Infinito Gold Ltd. files a reply on annulment.
May 22, 2024	The Republic of Costa Rica files a rejoinder on annulment.
June 14, 2024	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).
July 15, 2024	The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).