Case Details

Galway Gold Inc. v. Republic of Colombia (ICSID Case No. ARB/18/13)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

FTA Canada - Colombia
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Galway Gold Inc. (Canadian)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

April 18, 2018
Date of Constitution of Tribunal:

September 25, 2019

Composition of Tribunal

President:

Eduardo SIQUEIROS T (Mexican) - Appointed by the Parties
Arbitrators:

Alfredo BULLARD (Peruvian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Lenczner Slaght, Toronto, Canada
Ogletree Deakins, Nash, Smoak & Stewart, P.C., New York, NY, U.S.A.
Respondent(s):

Agencia Nacional de Defensa Jurídica del Estado and Dirección de Inversión Extranjera y Servicios, Ministerio de Comercio, Industria y Turismo, Bogota, Colombia
Latham & Watkins, Paris, France, New York, NY, U.S.A., and London, U.K.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

August 11, 2023 - The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 16(2)(b).

(a) Original Proceeding

Published Decisions

Notice of Intent

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 2 - Annex A

Procedural Order No. 2 - Annex B

Procedural Order No. 3

Procedural Order No. 4

Available on the ICSID Website

Notice of Intent (September 13, 2017) Spanish (Original)

Request for Arbitration (March 21, 2018) Spanish (Original)

Procedural Order No. 1 (December 10, 2019) English (Original); Spanish (Original)

Procedural Order No. 2 (February 12, 2021) English (Original); Spanish (Original)

Procedural Order No. 2 - Annex A (February 12, 2021) English (Original)

Procedural Order No. 2 - Annex B (February 12, 2021) English (Original)

Procedural Order No. 3 (January 12, 2022) English (Original); Spanish (Original)

Procedural Order No. 4 (June 10, 2022) 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 8, 2018	Following appointment by the Claimant, Alfredo Bullard (Peruvian) accepts his appointment as arbitrator.
August 16, 2018	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
September 23, 2019	Following appointment by agreement of the parties, Eduardo Siqueiros (Mexican) accepts his appointment as presiding arbitrator.
September 25, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Eduardo Siqueiros (Mexican), President, appointed by agreement of the parties; Alfredo Bullard (Peruvian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
October 25, 2019	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
November 5, 2019	The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
November 11, 2019	The Respondent files observations on its preliminary objections pursuant to ICSID Arbitration Rule 41(5).
November 21, 2019	The Claimant files further observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
November 26, 2019	The Tribunal holds a first session by telephone conference.
December 10, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 20, 2019	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
June 18, 2020	The Claimant files a memorial on liability.
November 25, 2020	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
January 30, 2021	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
February 12, 2021	The Tribunal issues Procedural Order No. 2 concerning production of documents.
May 12, 2021	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
September 11, 2021	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
January 12, 2022	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
January 31, 2022	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, 2022	Each party files observations on the written submission of Canada of January 31, 2022.
June 2, 2022	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
June 10, 2022	The Tribunal issues Procedural Order No. 4 on the organization of the hearing.
June 21, 2022 - June 23, 2022	The Tribunal holds a hearing on jurisdiction and the merits in Washington, DC.
October 26, 2022	Each party files a post-hearing brief.
November 25, 2022	Each party files a submission on costs.
August 11, 2023	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 16(2)(b).