Case Details

Glencore International A.G., C. I. Prodeco S.A., and Sociedad Portuaria Puerto Nuevo S.A. v. Republic of Colombia (ICSID Case No. ARB/19/22)

Subject of Dispute:

Building and maintenance of an access channel
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Colombia - Switzerland 2006
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Sociedad Portuaria Puerto Nuevo S.A. (Colombian), C. I. Prodeco S.A. (Colombian), Glencore International A.G. (Swiss)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

July 9, 2019
Date of Constitution of Tribunal:

September 16, 2020

Composition of Tribunal

President:

Bernardo M. CREMADES (Spanish) - Appointed by the Parties
Arbitrators:

Daniel M. PRICE (U.S.) - Appointed by the Claimant(s)
Claus VON WOBESER (German, Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Dechamps International Law, Buenos Aires, Argentina
José Manuel Álvarez Zárate, Bogota, Colombia
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 19, 2024 - The Tribunal renders its award.

(b) Annulment Proceeding

Date Registered:

August 23, 2024
Date of Constitution of ad hoc Committee:

January 2, 2025

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

President:

Toby LANDAU (British)
Members:

Fausto DE QUADROS (Portuguese)
Matías MORI ARELLANO (Chilean, Italian)

Party Representatives

Claimant(s):

Freshfields US, Washington, D.C., U.S.A.
Respondent(s):

Dirección de Inversión Extranjera, Propiedad Intelectual y Servicios, Ministerio de Comercio, Industria y Turismo de Colombia, Bogota, Colombia
Agencia Nacional de Defensa Jurídica del Estado, Bogota, Colombia
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

March 19, 2025 - The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Available on the ICSID Website

Award of the Tribunal (April 19, 2024) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
July 9, 2019	The Secretary-General registers a request for the institution of arbitration proceedings.
October 17, 2019	Following appointment by the Claimants, Daniel M. Price (U.S.) accepts his appointment as arbitrator.
December 6, 2019	Following appointment by the Respondent, Claus von Wobeser (German/Mexican) accepts his appointment as arbitrator.
September 16, 2020	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Bernardo M. Cremades (Spanish), President, appointed by agreement of the parties; Daniel M. Price (U.S.), appointed by the Claimants; and Claus von Wobeser (German/Mexican), appointed by the Respondent.
September 16, 2020	Following appointment by agreement of the parties, Bernardo M. Cremades (Spanish) accepts his appointment as presiding arbitrator.
October 15, 2020	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
October 26, 2020	The Tribunal holds a first session by video conference.
October 28, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 16, 2020	The Claimants file observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
December 1, 2020	The Respondent files a reply on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
December 16, 2020	The Claimants file a rejoinder on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
January 15, 2021	The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing on the Rule 41(5) objection.
January 19, 2021	The Tribunal holds a hearing on the Rule 41(5) objection by video conference.
February 4, 2021	Each party files a statement of costs.
February 22, 2021	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
May 24, 2021	The Claimants file a memorial on the merits.
June 23, 2021	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
July 23, 2021	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
August 23, 2021	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
January 31, 2022	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
April 20, 2022	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
May 11, 2022	The Tribunal issues Procedural Order No. 4 concerning production of documents.
August 12, 2022	The Claimants file a reply on the merits and counter-memorial on jurisdiction.
December 23, 2022	The Respondent files a rejoinder on the merits and reply on jurisdiction.
March 23, 2023	The Claimants file a rejoinder on jurisdiction.
April 17, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
April 25, 2023	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
June 5, 2023 - June 8, 2023	The Tribunal holds a hearing on jurisdiction and the merits in person in Washington, D.C. and by video conference.
June 15, 2023	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
August 11, 2023	Each party files a post-hearing brief.
September 8, 2023	Each party files a statement of costs.
April 19, 2024	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
August 23, 2024	The Acting Secretary-General registers an application for partial annulment of the award filed by Glencore International A.G., C. I. Prodeco S.A., and Sociedad Portuaria Puerto Nuevo S.A.
January 2, 2025	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Toby Landau (British), President; Fausto de Quadros (Portuguese); and Matías Mori Arellano (Chilean, Italian); all members appointed by the Chairman of the Administrative Council.
March 19, 2025	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.