Case Details
Red Eagle Exploration Limited v. Republic of Colombia (ICSID Case No. ARB/18/12)
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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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Red Eagle Exploration Limited (Canadian)
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Republic of Colombia (Colombian)
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April 18, 2018
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April 19, 2019
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Andrés RIGO SUREDA (Spanish) - Appointed by the Parties
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José A. MARTÍNEZ DE HOZ (Argentine) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s) -
White & Case, Washington, D.C., U.S.A.
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Dirección de Inversión Extranjera, Servicios y Propiedad Intelectual, Ministerio de Comercio, Industria y Turismo de Colombia, Bogota, Colombia
Agencia Nacional de Defensa Jurídica del Estado, Bogota, Colombia
Latham & Watkins, Paris, France, New York, NY, U.S.A., and London, U.K. -
English,Spanish
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Concluded
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February 28, 2024 - The Tribunal renders its award; attached to the award are a dissenting opinion by arbitrator José Martínez de Hoz and a declaration by arbitrator Philippe Sands.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Notice of Intent
Request for Arbitration
Procedural Order No. 1
Procedural Order No. 1 – Amended
Decision on Bifurcation
Procedural Order No. 1 – Amended Annex B
Procedural Order No. 1 – Amended Annex B
Procedural Order No. 2
Procedural Order No. 1 – Amended Annex B
Procedural Order No. 3
Procedural Order No. 1 – Amended Annex B
Procedural Order No. 4
Award of the Tribunal
Declaration of Arbitrator Philippe Sands
Dissenting Opinion of Arbitrator José A. Martínez de Hoz
Available on the ICSID Website
Notice of Intent (September 14, 2017) Spanish (Original)
Request for Arbitration (March 21, 2018) Spanish (Original)
Procedural Order No. 1 (December 12, 2019) English (Original); Spanish (Original)
Procedural Order No. 1 – Amended (June 2, 2020) English (Original); Spanish (Original)
Decision on Bifurcation (August 3, 2020) English (Original); Spanish (Original)
Procedural Order No. 1 – Amended Annex B (November 12, 2020) English (Original); Spanish (Original)
Procedural Order No. 1 – Amended Annex B (November 30, 2020) English (Original); Spanish (Original)
Procedural Order No. 2 (January 18, 2021) English (Original); Spanish (Original)
Procedural Order No. 1 – Amended Annex B (February 4, 2021) English (Original); Spanish (Original)
Procedural Order No. 3 (April 28, 2021) English (Original); Spanish (Original)
Procedural Order No. 1 – Amended Annex B (February 16, 2022) English (Original); Spanish (Original)
Procedural Order No. 4 (January 30, 2023) English (Original); Spanish (Original)
Award of the Tribunal (February 28, 2024) English (Original); Spanish (Original)
Declaration of Arbitrator Philippe Sands (February 23, 2024) English (Original); Spanish (Original)
Dissenting Opinion of Arbitrator José A. Martínez de Hoz (February 23, 2024) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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April 18, 2018 | The Secretary-General registers a request for the institution of arbitration proceedings. |
May 4, 2018 | Following appointment by the Claimant, José Martínez de Hoz (Argentine) accepts his appointment as arbitrator. |
August 7, 2018 | Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator. |
April 19, 2019 | Following appointment by agreement of the parties, Andres Rigo Sureda (Spanish) accepts his appointment as presiding arbitrator. |
April 19, 2019 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Andres Rigo Sureda (Spanish), President, appointed by agreement of the parties; José Martínez de Hoz (Argentine), appointed by the Claimant; and Philippe Sands (British/French), appointed by the Respondent. |
May 19, 2019 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
May 30, 2019 | The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
June 12, 2019 | The Tribunal holds a first session by telephone conference. |
December 4, 2019 | The Tribunal holds a preliminary procedural consultation by telephone conference. |
December 12, 2019 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
December 16, 2019 | The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
January 27, 2020 | The Acting Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
January 28, 2020 | The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
February 6, 2020 | The proceeding is resumed following payment of the required advances. |
May 16, 2020 | The Claimant files a memorial on the merits. |
June 16, 2020 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
July 16, 2020 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
August 3, 2020 | The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
November 2, 2020 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
January 4, 2021 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
January 18, 2021 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
March 18, 2021 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
April 14, 2021 | The Respondent files a request for the exclusion of evidence. |
April 25, 2021 | The Claimant files observations on the Respondent’s request for the exclusion of evidence. |
April 28, 2021 | The Tribunal issues Procedural Order No. 3 concerning the exclusion of evidence. |
July 23, 2021 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
September 9, 2021 | The Claimant files a rejoinder on jurisdiction. |
October 27, 2021 | The Claimant files a request for the Tribunal to decide on the admissibility of a new document. |
November 2, 2021 | The Respondent files observations on the Claimant’s request of October 27, 2021. |
November 4, 2021 | The Tribunal decides on the admissibility of a new document. |
November 9, 2021 | 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. |
November 16, 2022 | Each party files observations on the written submission of Canada of November 9, 2021. |
December 9, 2022 | The Respondent files a request for the exclusion of documents. |
December 19, 2022 | The Claimant files observation on the Respondent’s request of December 9, 2022. |
December 23, 2022 | The Tribunal decides on the exclusion of documents. |
January 27, 2023 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
January 30, 2023 | The Tribunal issues Procedural Order No. 4 on the organization of the hearing. |
February 14, 2023 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
February 17, 2023 | The Claimant files observation on the Respondent’s request of February 14, 2023. |
February 22, 2023 | The Tribunal decides on the admissibility of new documents. |
February 27, 2023 - March 3, 2023 | The Tribunal holds a hearing on jurisdiction, merits and quantum in Washington, D.C. |
May 17, 2023 | Each party files a post-hearing brief. |
June 15, 2023 | Each party files a submission of costs. |
February 20, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
February 28, 2024 | The Tribunal renders its award; attached to the award are a dissenting opinion by arbitrator José Martínez de Hoz and a declaration by arbitrator Philippe Sands. |