Case Details
Aris Mining Corporation (formerly known as GCM Mining Corp. and Gran Colombia Gold Corp.) v. Republic of Colombia (ICSID Case No. ARB/18/23)
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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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Aris Mining Corporation (formerly known as GCM Mining Corp. and Gran Colombia Gold Corp.) (Canadian)
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Republic of Colombia (Colombian)
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July 2, 2018
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October 31, 2018
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Jean Engelmayer KALICKI (U.S.) - Appointed by the Parties
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Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
Loretta MALINTOPPI (Italian) - Appointed by the Parties
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Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
April 25, 2019: Jean Engelmayer KALICKI (U.S.) appointed following the resignation of Loretta MALINTOPPI (Italian)
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Dentons US, New York, N.Y., U.S.A.
Honlet Legum Arbitration, Paris, France -
Agencia Nacional de Defensa Jurídica del Estado, Bogota, Colombia
Latham & Watkins, Paris, France -
English,Spanish
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Pending
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January 27, 2023 -
Each party files a submission on costs.
(a) Original Proceeding
Composition of Tribunal
Initial 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. 3
Procedural Order No. 4
Procedural Order No. 5
Procedural Order No. 6
Annex A to Procedural Order No. 6
Annex B to Procedural Order No. 6
Procedural Order No. 7
Decision on the Bifurcated Jurisdictional Issue
Procedural Order No. 8
Procedural Order No. 9
Procedural Order No. 10
Procedural Order No. 11
Annex A to Procedural Order No. 11
Annex B to Procedural Order No. 11
Procedural Order No. 12
Procedural Order No. 13
Available on the ICSID Website
Notice of Intent (October 10, 2016) English (Original)
Request for Arbitration (May 25, 2018) English (Original)
Procedural Order No. 1 (June 24, 2019) English (Original)
Procedural Order No. 2 (July 11, 2019) English (Original)
Procedural Order No. 3 (January 17, 2020) English (Original)
Procedural Order No. 4 (March 11, 2020) English (Original)
Procedural Order No. 5 (April 8, 2020) English (Original)
Procedural Order No. 6 (May 11, 2020) English (Original)
Annex A to Procedural Order No. 6 (May 11, 2020) English (Original)
Annex B to Procedural Order No. 6 (May 11, 2020) English (Original)
Procedural Order No. 7 (September 21, 2020) English (Original)
Decision on the Bifurcated Jurisdictional Issue (November 23, 2020) English (Original)
Procedural Order No. 8 (December 21, 2020) English (Original)
Procedural Order No. 9 (May 6, 2021) English (Original)
Procedural Order No. 10 (August 31, 2021) English (Original)
Procedural Order No. 11 (September 28, 2021) English (Original)
Annex A to Procedural Order No. 11 (September 28, 2021) English (Original)
Annex B to Procedural Order No. 11 (September 28, 2021) English (Original)
Procedural Order No. 12 (July 19, 2022) English (Original)
Procedural Order No. 13 (November 2, 2022) English (Original)
(a) Original Proceeding
Date | Development |
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July 2, 2018 | The Secretary-General registers a request for the institution of arbitration proceedings. |
August 20, 2018 | Following appointment by the Claimant, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator. |
October 8, 2018 | Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator. |
October 31, 2018 | Following appointment by agreement of the parties, Loretta Malintoppi (Italian) accepts her appointment as presiding arbitrator. |
October 31, 2018 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Loretta Malintoppi (Italian), President, appointed by agreement of the parties; Bernard Hanotiau (Belgian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent. |
November 26, 2018 | The Claimant files a proposal for disqualification of arbitrator Loretta Malintoppi. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
December 12, 2018 | The Respondent files observations on the proposal for disqualification. |
December 21, 2018 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
January 4, 2019 | The Claimant files additional observations on the proposal for disqualification. |
February 5, 2019 | Following the resignation of arbitrator Loretta Malintoppi, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2). |
April 25, 2019 | Following the resignation of arbitrator Loretta Malintoppi, Jean E. Kalicki (U.S.) accepts her appointment as arbitrator, appointed by the parties in accordance with ICSID Arbitration Rule 11(1). |
April 25, 2019 | The Tribunal is reconstituted. Its members are Jean E. Kalicki (U.S.), President, appointed by agreement of the parties; Bernard Hanotiau (Belgian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
June 6, 2019 | The Tribunal holds a first session by telephone conference. |
June 24, 2019 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
July 11, 2019 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
October 7, 2019 | The Claimant files a memorial on the merits. |
November 15, 2019 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
December 23, 2019 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
January 17, 2020 | The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
March 2, 2020 | The Respondent files a memorial on jurisdiction. |
March 11, 2020 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
March 31, 2020 | The Claimant files a request for a confidentiality order. |
April 6, 2020 | The Respondent files observations on the Claimant’s request of March 31, 2020. |
April 8, 2020 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
April 13, 2020 | The Claimant files a counter-memorial on jurisdiction. |
May 4, 2020 | Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents. |
May 11, 2020 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
July 1, 2020 | The Respondent files a reply on jurisdiction. |
July 31, 2020 | The Claimant files a rejoinder on jurisdiction. |
August 14, 2020 | 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. |
September 11, 2020 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
September 21, 2020 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
September 28, 2020 - September 29, 2020 | The Tribunal holds a hearing on jurisdiction by videoconference. |
October 5, 2020 | A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
October 13, 2020 | Each party files observations on the non-disputing party’s application of October 5, 2020. |
October 23, 2020 | The Claimant files a statement of costs. |
October 24, 2020 | The Respondent files a statement of costs. |
October 30, 2020 | Each party files observations on the other party’s statement of costs. |
November 23, 2020 | The Tribunal issues a decision on the bifurcated jurisdictional issue. |
December 21, 2020 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
May 6, 2021 | The Tribunal issues Procedural Order No. 9 concerning procedural matters. |
June 11, 2021 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
August 12, 2021 | Each party files observations on the non-disputing party’s application of October 5, 2020. |
August 31, 2021 | The Tribunal issues Procedural Order No. 10 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). |
September 9, 2021 | Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents. |
September 23, 2021 | The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2). |
September 28, 2021 | The Tribunal issues Procedural Order No. 11 concerning production of documents. |
February 28, 2022 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
June 21, 2022 | The Respondent files a rejoinder on the merits and reply on jurisdiction. |
July 13, 2022 | The President of the Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
July 19, 2022 | The Tribunal issues Procedural Order No. 12 concerning the organization of the hearing. |
July 21, 2022 | The Claimant files a rejoinder on jurisdiction. |
September 7, 2022 - September 16, 2022 | The Tribunal holds a hearing on jurisdiction and merits in person in Washington, D.C. and by video conference. |
October 5, 2022 | The Tribunal poses questions to the parties. |
October 13, 2022 | A non-disputing party files an application to obtain access to case documents. |
October 21, 2022 | Each party files observations on the non-disputing party’s application of October 13, 2022. |
November 2, 2022 | The Tribunal issues Procedural Order No. 13 concerning the non-disputing party’s application of October 13, 2022. |
November 15, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new documents. |
November 16, 2022 | The Claimant files observations on the Respondent’s request of November 15, 2022. |
November 17, 2022 | The Tribunal decides on the Respondent’s request of November 15, 2022. |
November 25, 2022 | Each party files a post-hearing brief along with their answers to the questions posed by the Tribunal on October 5, 2022. |
December 7, 2022 | The Tribunal holds a hearing on closing arguments in person in Miami and by video conference. |
January 27, 2023 | Each party files a submission on costs. |