Case Details
Montauk Metals Inc. (formerly known as Galway Gold Inc.) v. Republic of Colombia (ICSID Case No. ARB/18/13)
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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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Montauk Metals Inc. (formerly known as Galway Gold Inc.) (Canadian)
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Republic of Colombia (Colombian)
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April 18, 2018
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September 25, 2019
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Eduardo SIQUEIROS T (Mexican) - Appointed by the Parties
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Alfredo BULLARD (Peruvian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
Lenczner Slaght, Toronto, Canada
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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. -
English,Spanish
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Concluded
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June 7, 2024 - The Tribunal renders its award.
(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. 2
Procedural Order No. 2 - Annex A
Procedural Order No. 2 - Annex B
Procedural Order No. 3
Procedural Order No. 4
Award
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)
Award (June 7, 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 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). |
January 11, 2024 | The proceeding is resumed following payment of the required advances. |
March 12, 2024 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
March 20, 2024 | The Claimant files observations on the Respondent’s request of March 12, 2024. |
March 22, 2024 | The Tribunal decides on the admissibility of new evidence. |
April 1, 2024 | The Claimant files an updated submission on costs. |
June 7, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
June 7, 2024 | The Tribunal renders its award. |