Case Details
Eco Oro Minerals Corp. v. Republic of Colombia (ICSID Case No. ARB/16/41)
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Mining concession
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Oil, Gas & Mining
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FTA Canada - Colombia
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ICSID Convention - Arbitration Rules
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Eco Oro Minerals Corp. (Canadian)
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Republic of Colombia (Colombian)
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December 29, 2016
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September 11, 2017
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Juliet BLANCH (British) - Appointed by the Secretary-General
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Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s) -
Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
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Agencia Nacional de Defensa Jurídica del Estado, Bogota, Colombia
Latham & Watkins, Paris, France -
English,Spanish
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Concluded
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July 15, 2024 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Horacio A. Grigera Naón and a declaration on costs by arbitrator Philippe Sands.
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Claimant(s)
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August 30, 2024
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Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
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Agencia Nacional de Defensa Jurídica del Estado, Bogotá, Colombia
Latham & Watkins, Paris, France -
Pending
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August 30, 2024 - The Secretary-General registers a request for rectification of the award filed by Eco Oro Minerals Corp.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Rectification Proceeding
Party Representatives
(a) Original Proceeding
Published Decisions
Notice of Intent
Request for Arbitration
Procedural Order No. 1
Procedural Order No. 2
Procedural Order No. 3
Procedural Order No. 4
Procedural Order No. 5
Procedural Order No. 6
Procedural Order No. 7
Procedural Order No. 8
Procedural Order No. 9
Procedural Order No. 10
Procedural Order No. 11
Procedural Order No. 12
Procedural Order No. 13
Award, Dissenting Opinion and Declaration on Costs (Redacted)
Available on the ICSID Website
Notice of Intent (March 7, 2016) English (Original)
Request for Arbitration (December 8, 2016) English (Original)
Procedural Order No. 1 (November 30, 2017) English (Original)
Procedural Order No. 2 (June 28, 2018) English (Original)
Procedural Order No. 3 (August 29, 2018) English (Original)
Procedural Order No. 4 (October 10, 2018) English (Original)
Procedural Order No. 5 (December 21, 2018) English (Original)
Procedural Order No. 6 (February 18, 2019) English (Original)
Procedural Order No. 7 (April 5, 2019) English (Original)
Procedural Order No. 8 (October 4, 2019) English (Original)
Procedural Order No. 9 (November 25, 2019) English (Original)
Procedural Order No. 10 (December 27, 2019) English (Original)
Procedural Order No. 11 (January 28, 2020) English (Original)
Procedural Order No. 12 (November 3, 2021) English (Original)
Procedural Order No. 13 (June 27, 2022) English (Original)
Award, Dissenting Opinion and Declaration on Costs (Redacted) (July 15, 2024) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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December 29, 2016 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
April 25, 2017 | Following appointment by the Claimant, Horacio Grigera Naón (Argentine) accepts his appointment as arbitrator. |
April 27, 2017 | Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator. |
September 11, 2017 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juliet Blanch (British), President, appointed by the Secretary-General pursuant to the parties’ agreement; Horacio Grigera Naón (Argentine), appointed by the Claimant; and Philippe Sands (British/French), appointed by the Respondent. |
September 11, 2017 | Following appointment by agreement of the parties, Juliet Blanch (British) accepts her appointment as presiding arbitrator. |
November 21, 2017 | The Tribunal holds a first session by telephone conference. |
November 30, 2017 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
March 20, 2018 | The Claimant files a memorial on the merits. |
April 18, 2018 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
May 18, 2018 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
June 28, 2018 | The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
August 29, 2018 | The Tribunal issues Procedural Order No. 3 concerning procedural matters. |
October 10, 2018 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
December 19, 2018 | A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2). |
December 21, 2018 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
December 24, 2018 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
January 28, 2019 | Each party files observations on the non-disputing party’s application. |
February 18, 2019 | The Tribunal issues Procedural Order No. 6 concerning the non‑disputing party’s application to intervene pursuant to ICSID Arbitration Rule 37(2). |
March 22, 2019 | Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents. |
April 5, 2019 | The Tribunal issues Procedural Order No. 7 concerning production of documents. |
June 1, 2019 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
September 26, 2019 | The Respondent files a request for the Tribunal to decide on production of documents. |
September 29, 2019 | The Claimant files observations on the Respondent’s request of September 26, 2019. |
October 2, 2019 | The Respondent files further observations on its request of September 26, 2019. |
October 4, 2019 | The Tribunal issues Procedural Order No. 8 concerning production of documents. |
October 10, 2019 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
November 25, 2019 | The Tribunal issues Procedural Order No. 9 concerning procedural matters. |
December 6, 2019 | The Claimant files a rejoinder on jurisdiction. |
December 20, 2019 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
December 27, 2019 | The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing. |
January 20, 2020 - January 24, 2020 | The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
January 28, 2020 | The Tribunal issues Procedural Order No. 11 concerning procedural matters. |
February 27, 2020 | Canada files a written submission as a non-disputing State Party pursuant to Article 827(2) of the Free Trade Agreement between Canada and the Republic of Colombia. |
March 1, 2020 | The Respondent files a post-hearing brief. |
March 2, 2020 | The Claimant files a post-hearing brief. |
March 3, 2020 | Each party files observations on the written submission of Canada of February 27, 2020. |
September 9, 2021 | The Tribunal issues a decision on jurisdiction, liability and directions on quantum; attached to the decision is a partial dissenting opinion by arbitrator Horacio A. Grigera Naón and a partial dissent by arbitrator Philippe Sands. |
November 3, 2021 | The Tribunal issues Procedural Order No. 12 concerning procedural matters. |
January 15, 2022 | The Claimant files a submission addressing the Tribunal’s questions set out in its decision on jurisdiction, liability and directions on quantum of September 9, 2021. |
May 23, 2022 | The Respondent files a submission addressing the Tribunal’s questions set out in its decision on jurisdiction, liability and directions on quantum of September 9, 2021. |
June 27, 2022 | The Tribunal issues Procedural Order No. 13 concerning procedural matters. |
July 8, 2022 | The Claimant files a reply submission addressing the Tribunal’s questions set out in its decision on jurisdiction, liability and directions on quantum of September 9, 2021. |
August 22, 2022 | The Respondent files a rejoinder submission addressing the Tribunal’s questions set out in its decision on jurisdiction, liability and directions on quantum of September 9, 2021. |
March 8, 2024 | Each party files a submission on costs. |
April 29, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
July 15, 2024 | The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Horacio A. Grigera Naón and a declaration on costs by arbitrator Philippe Sands. |
(b) Rectification Proceeding
Date | Development |
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August 30, 2024 | The Secretary-General registers a request for rectification of the award filed by Eco Oro Minerals Corp. |