Case Details

Astrida Benita Carrizosa v. Republic of Colombia (ICSID Case No. ARB/18/5)

Subject of Dispute:

Bank
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Colombia - India 2009, BIT Colombia - Switzerland 2006 - TPA United States – Colombia 2006
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Astrida Benita Carrizosa (U.S.)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

March 9, 2018
Date of Constitution of Tribunal:

December 11, 2018

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

Diego P. FERNÁNDEZ ARROYO (Argentine, Spanish) - Appointed by the Claimant(s)
Christer SÖDERLUND (Swedish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Bryan Cave, Miami, FL, 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
Arnold & Porter Kaye Scholer, Washington, DC, U.S.A. and London, U.K.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 19, 2021 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Claimant's Memorial on Jurisdiction

Claimant's Memorial on Jurisdiction - Index of Exhibits

Claimant's Memorial on Jurisdiction - Index of Legal Authorities

Respondent's Counter-Memorial on Jurisdiction

Respondent's Counter-Memorial on Jurisdiction - Index of Exhibits and Legal Authorities

Claimant's Reply on Jurisdiction

Claimant's Reply on Jurisdiction - Index of Exhibits and Legal Authorities

Respondent's Rejoinder on Jurisdiction

Respondent's Rejoinder on Jurisdiction - Index of Exhibits and Legal Authorities

Procedural Order No. 3

Hearing on Jurisdiction: Transcript Day 1

Hearing on Jurisdiction: Transcript Day 2

Hearing on Jurisdiction: Transcript Day 3

Procedural Order No. 4

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (February 19, 2019) English (Original)

Procedural Order No. 2 (March 7, 2019) English (Original)

Claimant's Memorial on Jurisdiction (June 13, 2019) English (Original)

Claimant's Memorial on Jurisdiction - Index of Exhibits (June 13, 2019) English (Original)

Claimant's Memorial on Jurisdiction - Index of Legal Authorities (June 13, 2019) English (Original)

Respondent's Counter-Memorial on Jurisdiction (October 23, 2019) English (Original)

Respondent's Counter-Memorial on Jurisdiction - Index of Exhibits and Legal Authorities (October 23, 2019) English (Original)

Claimant's Reply on Jurisdiction (December 20, 2019) English (Original)

Claimant's Reply on Jurisdiction - Index of Exhibits and Legal Authorities (December 20, 2019) English (Original)

Respondent's Rejoinder on Jurisdiction (February 21, 2020) English (Original)

Respondent's Rejoinder on Jurisdiction - Index of Exhibits and Legal Authorities (February 21, 2020) English (Original)

Procedural Order No. 3 (September 24, 2020) English (Original)

Hearing on Jurisdiction: Transcript Day 1 (November 10, 2020) English (Original)

Hearing on Jurisdiction: Transcript Day 2 (November 11, 2020) Spanish (Original)

Hearing on Jurisdiction: Transcript Day 3 (November 13, 2020) English (Original)

Procedural Order No. 4 (November 18, 2020) English (Original)

Award of the Tribunal (April 19, 2021) English (Original); Spanish (Original)

Multimedia

Hearing on Jurisdiction Day 1 Audio (September 29, 2020)

Hearing on Jurisdiction Day 2 Audio (November 10, 2020)

Hearing on Jurisdiction Day 3 Audio (November 11, 2020)

Hearing on Jurisdiction Day 4 Audio (November 13, 2020)

(a) Original Proceeding

Date	Development
March 9, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
June 25, 2018	Following appointment by the Claimant, Diego P. Fernández Arroyo (Argentine/Spanish) accepts his appointment as arbitrator.
November 9, 2018	Following appointment by the Respondent, Christer Söderlund (Swedish) accepts his appointment as arbitrator.
December 11, 2018	Following appointment by agreement of the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
December 11, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by agreement of the parties; Diego P. Fernández Arroyo (Argentine/Spanish), appointed by the Claimant; and Christer Söderlund (Swedish), appointed by the Respondent.
February 5, 2019	The Tribunal holds a first session by telephone conference.
February 19, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 7, 2019	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
June 13, 2019	The Claimant files a memorial on jurisdiction.
October 23, 2019	The Respondent files a counter-memorial on jurisdiction.
December 20, 2019	The Claimant files a reply on jurisdiction.
February 21, 2020	The Respondent files a rejoinder on jurisdiction.
May 1, 2020	The United States of America files a written submission as a non-disputing State Party pursuant to US-Colombia TPA Article 10.20.2.
May 26, 2020	Each party files observations on the non-disputing State Party’s submission.
September 8, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
September 24, 2020	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
September 29, 2020	The Tribunal holds a hearing on jurisdiction by video conference.
November 10, 2020 - November 13, 2020	The Tribunal holds a hearing on jurisdiction by video conference.
November 18, 2020	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
December 11, 2020	Each party files observations on the non-disputing State Party’s oral presentation at the jurisdictional hearing.
January 15, 2021	The Respondent files a statement of costs.
January 19, 2021	The Claimant files a statement of costs.
April 19, 2021	The Tribunal renders its award.