Case Details

Amec Foster Wheeler USA Corporation, Process Consultants, Inc., and Joint Venture Foster Wheeler USA Corporation and Process Consultants, Inc. v. Republic of Colombia (ICSID Case No. ARB/19/34)

Subject of Dispute:

Oil and gas enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

TPA United States – Colombia 2012
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Amec Foster Wheeler USA Corporation (U.S.), Process Consultants, Inc. (U.S.), Joint Venture Foster Wheeler USA Corporation and Process Consultants, Inc. (U.S.)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

December 31, 2019
Date of Constitution of Tribunal:

June 18, 2020

Composition of Tribunal

President:

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

John BEECHEY (British) - Appointed by the Claimant(s)
Marcelo G. KOHEN (Argentine) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Pillsbury Winthrop Shaw Pittman, New York, NY and Houston, TX, 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
Curtis, Mallet-Prevost, Colt & Mosle, Washington, D.C., New York, NY, U.S.A.,Mexico City, Mexico, Bogota, Colombia and Buenos Aires, Argentina
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

September 17, 2024 - The Claimants file an updated statement of costs.

(a) Original Proceeding

Published Decisions

REDACTED Claimants’ Notice of Intent

REDACTED Claimants’ Request for Arbitration

Procedural Order No. 1

Revised Annex A to Procedural Order No. 1

REDACTED Memorial on Preliminary Objections

REDACTED Claimants’ Application for Provisional Measures and Emergency Temporary Relief

REDACTED Respondent’s Answer to Claimants’ Application for Emergency Temporary Relief

REDACTED Claimants’ Reply in Further Support of Application for Emergency Temporary Relief

REDACTED Respondent’s Rejoinder on Claimants’ Application for Emergency Temporary Relief

REDACTED Tribunal’s Decision on Claimants’ Request for Emergency Temporary Relief

REDACTED Respondent’s Answer to Claimants’ Application for Provisional

REDACTED Hearing on Provisional Measures Transcript

REDACTED Hearing on Provisional Measures (November 4, 2021)

REDACTED Counter-Memorial on Preliminary Objections

REDACTED Reply on Preliminary Objections

REDACTED Rejoinder on Preliminary Objections

Procedural Order No. 2

U.S. Non-Disputing Party Submission pursuant to Article 10.20.2 of the U.S.-Colombia TPA

Claimants’ Comments on the U.S. Non-Disputing Party Submission

Respondent’s Comments on the U.S. Non-Disputing Party Submission

REDACTED Hearing on Preliminary Objections Transcript

REDACTED Procedural Order No. 3

REDACTED Hearing on Jurisdictional Objections Day 1 - English 1 (May 19, 2022)

REDACTED Hearing on Jurisdictional Objections Day 1 - English 2 (May 19, 2022)

REDACTED Hearing on Jurisdictional Objections Day 2 - English (May 20, 2022)

Available on the ICSID Website

REDACTED Claimants’ Notice of Intent (December 26, 2018) English (Original)

REDACTED Claimants’ Request for Arbitration (December 6, 2019) English (Original)

Procedural Order No. 1 (March 18, 2021) English (Original); Spanish (Original)

Revised Annex A to Procedural Order No. 1 (April 1, 2021) English (Original); Spanish (Original)

REDACTED Memorial on Preliminary Objections (July 1, 2021) English (Original); Spanish (Original)

REDACTED Claimants’ Application for Provisional Measures and Emergency Temporary Relief (September 2, 2021) English (Original)

REDACTED Respondent’s Answer to Claimants’ Application for Emergency Temporary Relief (September 30, 2021) English (Original)

REDACTED Claimants’ Reply in Further Support of Application for Emergency Temporary Relief (October 13, 2021) English (Original)

REDACTED Respondent’s Rejoinder on Claimants’ Application for Emergency Temporary Relief (October 18, 2021) English (Original)

REDACTED Tribunal’s Decision on Claimants’ Request for Emergency Temporary Relief (October 25, 2021) English (Original)

REDACTED Respondent’s Answer to Claimants’ Application for Provisional (October 28, 2021) English (Original)

REDACTED Hearing on Provisional Measures Transcript (November 4, 2021) English (Original)

REDACTED Counter-Memorial on Preliminary Objections (October 14, 2021) English (Original); Spanish (Original)

REDACTED Reply on Preliminary Objections (December 13, 2021) English (Original); Spanish (Original)

REDACTED Rejoinder on Preliminary Objections (February 11, 2022) English (Original); Spanish (Original)

Procedural Order No. 2 (April 26, 2022) English (Original); Spanish (Original)

U.S. Non-Disputing Party Submission pursuant to Article 10.20.2 of the U.S.-Colombia TPA (April 4, 2022) English (Original)

Claimants’ Comments on the U.S. Non-Disputing Party Submission (April 25, 2022) English (Original)

Respondent’s Comments on the U.S. Non-Disputing Party Submission (April 25, 2022) English (Original)

REDACTED Hearing on Preliminary Objections Transcript (May 19, 2022) English (Original)

REDACTED Hearing on Preliminary Objections Transcript (May 20, 2022) English (Original)

REDACTED Procedural Order No. 3 (May 31, 2022) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
December 31, 2019	The Secretary-General registers a request for the institution of arbitration proceedings.
February 10, 2020	Following appointment by the Claimants, John Beechey (British) accepts his appointment as arbitrator.
April 10, 2020	Following appointment by the Respondent, Marcelo Kohen (Argentine) accepts his appointment as arbitrator.
June 17, 2020	Following appointment by his co-arbitrators, José Emilio Nunes Pinto (Brazilian) accepts his appointment as presiding arbitrator.
June 18, 2020	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 his co-arbitrators, John Beechey (British), appointed by the Claimants; and Marcelo Kohen (Argentine), appointed by the Respondent.
September 18, 2020	The Tribunal holds a first session by videoconference.
March 18, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 1, 2021	The Respondent files a memorial on preliminary objections.
September 2, 2021	The Claimants file a request for provisional measures and emergency temporary relief.
September 30, 2021	The Respondent files a response to the request for emergency temporary relief.
October 13, 2021	The Claimants file a reply on the request for emergency temporary relief.
October 14, 2021	The Claimants file a counter-memorial on preliminary objections.
October 18, 2021	The Respondent files a rejoinder on the request for emergency temporary relief.
October 25, 2021	The Tribunal decides on the request for emergency temporary relief.
October 28, 2021	The Respondent files a response on the request for provisional measures.
November 4, 2021	The Tribunal holds a hearing on provisional measures by videoconference.
December 13, 2021	The Respondent files a reply on preliminary objections.
February 11, 2022	The Claimants file a rejoinder on preliminary objections.
April 4, 2022	The United States of America files a written submission as a non-disputing State Party pursuant to US-Colombia TPA Article 10.20.2.
April 19, 2022	The President holds a pre-hearing organizational meeting with the parties by video conference.
April 25, 2022	Each party files observations on the non-disputing party’s submission.
April 26, 2022	The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing.
April 27, 2022	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
May 9, 2022	The Claimants file observations on the Respondent’s request of April 27, 2022.
May 14, 2022	The Tribunal decides on the Respondent’s request of April 27, 2022.
May 19, 2022 - May 20, 2022	The Tribunal holds a hearing on jurisdictional objections in person in Washington D.C. and by video conference.
May 31, 2022	The Tribunal issues Procedural Order No. 3 on Claimants’ application for provisional measures.
June 30, 2022	Each party files a statement of costs.
February 7, 2023	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
February 15, 2023	The Respondent files observations on the Claimants’ request of February 7, 2023.
February 24, 2023	The Claimants file a response to the Respondent’s observations of February 15, 2023.
March 7, 2023	The Tribunal decides on the Claimants’ request of February 7, 2023.
September 17, 2024	The Claimants file an updated statement of costs.