Case Details
Red Eagle Exploration Limited v. Republic of Colombia (ICSID Case No. ARB/18/12)
-
Mining concession
-
Oil, Gas & Mining
-
FTA Canada - Colombia
-
ICSID Convention - Arbitration Rules
-
Red Eagle Exploration Limited (Canadian)
-
Republic of Colombia (Colombian)
-
April 18, 2018
-
April 19, 2019
-
Andrés RIGO SUREDA (Spanish) - Appointed by the Parties
-
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.
-
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
-
Pending
-
June 15, 2023 - Each party files a submission of costs.
(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
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)
(a) Original Proceeding
Date | Development |
---|---|
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. |