Case Details

Telefónica, S.A. v. Republic of Colombia (ICSID Case No. ARB/18/3)

Subject of Dispute:

Telecommunications services
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Colombia - Spain 2005
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Telefónica, S.A. (Spanish)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

February 20, 2018
Date of Constitution of Tribunal:

February 26, 2019

Composition of Tribunal

President:

Jose Emilio NUNES PINTO (Brazilian) - Appointed by the Parties
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Yves DERAINS (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

White & Case, Washington, D.C., U.S.A. and Madrid, Spain
Respondent(s):

Dirección de Inversión Extranjera, Servicios y Propiedad Intelectual Dirección de Inversión Extranjera y Servicios, Colombia
Agencia Nacional de Defensa Jurídica del Estado, Bogotá, Colombia
Dechert, Paris, France
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 12, 2024 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

December 6, 2024
Date of Constitution of ad hoc Committee:

March 14, 2025

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Dário MOURA VICENTE (Portuguese)
Members:

José Antonio MORENO RODRÍGUEZ (Paraguayan)
Mélanie RIOFRIO PICHÉ (Canadian, Ecuadorian)

Party Representatives

Claimant(s):

White & Case, Mexico City, Mexico, and Madrid, Spain
Respondent(s):

Agencia Nacional de Defensa Jurídica del Estado, Bogotá, Colombia
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Pending
Latest Development:

May 8, 2025 - The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.

No References Available.

(a) Original Proceeding

Date	Development
February 20, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
March 30, 2018	Following appointment by the Claimant, Horacio A. Grigera Naón (Argentine) accepts his appointment as arbitrator.
April 26, 2018	Following appointment by the Respondent, Yves Derains (French) accepts his appointment as arbitrator.
February 26, 2019	Following appointment by agreement of the parties, José Emilio Nunes Pinto (Brazilian) accepts his appointment as presiding arbitrator.
February 26, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: José Emilio Nunes Pinto (Brazilian), President, appointed by agreement of the parties; Horacio A. Grigera Naón (Argentine), appointed by Claimant; and Yves Derains (French), appointed by Respondent.
April 26, 2019	The Tribunal holds a first session by telephone conference.
June 5, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 5, 2019	The Respondent files objections to jurisdiction.
September 23, 2019	The Claimant files a memorial on the merits and a counter-memorial on jurisdictional objections.
October 23, 2019	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
November 29, 2019	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
January 24, 2020	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
July 3, 2020	The Respondent files a counter-memorial on the merits.
August 21, 2020	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
September 9, 2020	The Tribunal issues Procedural Order No. 3 concerning production of documents.
November 2, 2020	The Claimant files a reply on the merits.
February 26, 2021	The Tribunal issues Procedural Order No. 4 on the admissibility of new documents.
March 8, 2021	The Respondent files a rejoinder on the merits.
March 17, 2021	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
April 2, 2021	The Tribunal issues Procedural Order No. 5 on the organization of the hearing.
April 19, 2021 - April 25, 2021	The Tribunal holds a hearing on the merits by video conference.
July 27, 2021	The Tribunal holds a hearing on closing arguments by video conference.
August 27, 2021	Each party files a submission on costs.
October 2, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 12, 2024	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
December 6, 2024	The Acting Secretary-General registers an application for annulment of the award filed by the Republic of Colombia and notifies the parties of the provisional stay of enforcement of the award.
March 14, 2025	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dário Moura Vicente (Portuguese), President; José Antonio Moreno Rodríguez (Paraguayan); and Mélanie Riofrio Piché (Ecuadorian/Canadian); all members appointed by the Chairman of the Administrative Council.
May 6, 2025	The ad hoc Committee holds a first session by videoconference.
May 8, 2025	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.