Case Details

Glencore International A.G. and C.I. Prodeco S.A. v. Republic of Colombia (ICSID Case No. ARB/16/6)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Colombia - Switzerland 2006
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Glencore International A.G. (Swiss), C.I. Prodeco S.A. (Colombian)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

March 16, 2016
Date of Constitution of Tribunal:

August 4, 2016

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
Arbitrators:

Oscar M. GARIBALDI (Argentine, U.S.) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Álvarez Zárate & Asociados, Bogotá, Colombia
Respondent(s):

Agencia Nacional de Defensa Jurídica del Estado, Bogotá, Colombia
Dechert, Paris, France and Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 27, 2019 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

December 30, 2019 (Respondent(s))
Date of Constitution of ad hoc Committee:

March 6, 2020

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

President:

Christopher GREENWOOD (British)
Members:

Bertha COOPER-ROUSSEAU (Bahamian)
Doug JONES (Australian, Irish)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Álvarez Zárate & Asociados, Bogotá, Colombia
Respondent(s):

Agencia Nacional de Defensa Jurídica del Estado, Bogotá, Colombia
Dechert, Paris, France and Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 22, 2021 -
The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (August 27, 2019)

(b) Annulment Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Decision on Annulment

Available on the ICSID Website

Procedural Order No. 1 (April 28, 2020) English (Original)

Procedural Order No. 2 (November 2, 2020) English (Original)

Decision on Annulment (September 22, 2021) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
March 16, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
May 6, 2016	Following appointment by the Claimants, Oscar M. Garibaldi (U.S./Argentine) accepts his appointment as arbitrator.
June 7, 2016	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
August 3, 2016	Following appointment by agreement of the parties, Prof. Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
August 4, 2016	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by agreement of the parties; Oscar M. Garibaldi (Argentine/U.S.), appointed by the Claimant; and John Christopher Thomas (Canadian), appointed by the Respondent.
September 28, 2016	The Tribunal holds a first session by telephone conference.
November 4, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 16, 2016	The Claimants file a memorial on the merits.
February 2, 2017	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
March 2, 2017	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
April 3, 2017	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
July 17, 2017	The Respondent files a memorial on jurisdiction and counter-memorial on the merits.
November 4, 2017	The Tribunal issues Procedural Order No. 2 concerning admissibility of documents.
November 16, 2017	The Respondent files an amended memorial on jurisdiction and a counter-memorial on the merits.
December 14, 2017	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
January 4, 2018	The Tribunal issues Procedural Order No. 3 concerning production of documents.
January 30, 2018	The Claimants file a reply on the merits.
March 27, 2018	The Claimants file a request for the Tribunal to decide on production of documents.
April 2, 2018	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
April 20, 2018	The Claimants file a request concerning a site visit.
April 24, 2018	The Tribunal issues Procedural Order No. 4 concerning production of documents.
April 25, 2018	The Respondent files observations on the Claimants’ request concerning a site visit.
April 27, 2018	The Tribunal decides on the Claimants’ request concerning a site visit.
May 4, 2018	The Claimants file a rejoinder on jurisdiction.
May 11, 2018	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
May 14, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
May 15, 2018	The Respondent files observations on the Claimants’ request of May 11, 2018 as well as a request for the Tribunal to decide on the admissibility of new evidence.
May 17, 2018	The Claimants file observations on the Respondent’s request of May 15, 2018.
May 17, 2018	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
May 18, 2018	The Tribunal decides on the admissibility of new evidence.
May 28, 2018 - June 2, 2018	The Tribunal holds a hearing on jurisdiction and the merits in Washington D.C.
July 31, 2018	The Tribunal issues a procedural order concerning the admissibility of new evidence.
August 8, 2018	Each party files a post-hearing brief.
September 24, 2018	Each party files a submission on costs.
August 15, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 27, 2019	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
December 30, 2019	The Secretary-General registers an application for annulment of the award filed by the Republic of Colombia and notifies the parties of the provisional stay of enforcement of the award.
March 6, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Christopher Greenwood (British), President; Bertha Cooper-Rousseau (Bahamian); and Doug Jones (Australian/Irish); all members appointed by the Chairman of the Administrative Council.
April 10, 2020	The Republic of Colombia files a memorial on annulment.
April 20, 2020	The ad hoc Committee holds a first session by video conference.
April 27, 2020	The President of the Committee holds a preliminary procedural consultation with the Parties.
April 28, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
June 12, 2020	Glencore International A.G. and C.I. Prodeco S.A. file a counter-memorial on annulment.
August 7, 2020	The Republic of Colombia files a reply on annulment.
October 9, 2020	Glencore International A.G. and C.I. Prodeco S.A. file a rejoinder on annulment.
November 2, 2020	The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing on annulment.
November 6, 2020	The ad hoc Committee holds a hearing on annulment by videoconference.
November 24, 2020	Each party files a statement of costs.
June 1, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
September 22, 2021	The ad hoc Committee issues its decision on annulment.