Case Details
Angel Samuel Seda and others v. Republic of Colombia (ICSID Case No. ARB/19/6)
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Real estate project
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Construction
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TPA United States – Colombia 2012
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ICSID Convention - Arbitration Rules
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Angel Samuel Seda (U.S.), JTE International Investments, LLC (U.S.), Jonathan Michael Foley (U.S.), The Boston Enterprises Trust (U.S.), Brian Hass (U.S.), Stephen John Bobeck (U.S.), Monte Glenn Adcock (U.S.), Justin Timothy Enbody (U.S.), Justin Tate Caruso (U.S.)
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Republic of Colombia (Colombian)
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March 25, 2019
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February 25, 2020
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Klaus SACHS (German) - Appointed by the Parties
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Charles PONCET (Swiss) - Appointed by the Claimant(s)
Hugo PEREZCANO DIAZ (Mexican) - Appointed by the Respondent(s) -
Gibson, Dunn & Crutcher, New York, NY, Washington, D.C. and Irvine, CA, U.S.A
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Agencia Nacional de Defensa Jurídica del Estado and Dirección de Inversión Extranjera y Servicios, Ministerio de Comercio, Industria y Turismo, Bogota, Colombia
Gaillard Banifatemi Shelbaya Disputes, Paris, France and London, U.K. -
English,Spanish
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Concluded
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June 27, 2024 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Notice of Intent
Request for Arbitration
Procedural Order No. 1
Claimants' Memorial on the Merits and Damages
Procedural Order No. 1 - Revised Annex A
Procedural Order No. 1 - Revised Annex A
Procedural Order No. 1 - Revised Annex A
Respondent’s Counter-Memorial on Jurisdiction and Merits
Procedural Order No. 1 - Revised Annex A
Procedural Order No. 2
U.S. Submission Pursuant to Article 10.20.2 of the U.S.-Colombia TPA
Procedural Order No. 1 - Revised Annex A
Procedural Order No. 3
Procedural Order No. 4 and dissenting opinion by arbitrator Hugo Perezcano Díaz
Procedural Order No. 5
Procedural Order No. 6
Claimants’ Reply on Jurisdiction and Merits
Procedural Order No. 7
Respondent’s Rejoinder on Jurisdiction and Merits
Procedural Order No. 9
Claimants’ Preliminary Response to Respondent’s New Essential Security Defense
Procedural Order No. 10
Day 1 Hearing Transcript
Day 2 Hearing Transcript
Day 3 Hearing Transcript
Day 4 Hearing Transcript
Day 5 Hearing Transcript
Day 6 Hearing Transcript
Procedural Order No. 11
Claimants’ Post Hearing Brief
Procedural Order No. 12
Respondent’s Post Hearing Brief
Claimants’ Rebuttal on Essential Security
Procedural Order No. 13
Claimants’ Second Post-Hearing Brief
Respondent’s Second Post-Hearing Brief
Procedural Order No. 14
Hearing on Jurisdiction and the Merits - Day 1 - Video 1 (May 2, 2022)
Hearing on Jurisdiction and the Merits - Day 1 - Video 2 (May 2, 2022)
Hearing on Jurisdiction and the Merits - Day 2 - Video 1 (May 3, 2022)
Hearing on Jurisdiction and the Merits - Day 2 - Video 2 (May 3, 2022)
Hearing on Jurisdiction and the Merits - Day 3 - Video 1 (May 4, 2022)
Hearing on Jurisdiction and the Merits - Day 3 - Video 2 (May 4, 2022)
Hearing on Jurisdiction and the Merits - Day 4 - Video 1 (May 5, 2022)
Hearing on Jurisdiction and the Merits - Day 4 - Video 2 (May 5, 2022)
Hearing on Jurisdiction and the Merits - Day 5 - Video 1 (May 6, 2022)
Hearing on Jurisdiction and the Merits - Day 5 - Video 2 (May 6, 2022)
Hearing on Jurisdiction and the Merits - Day 6 (May 7, 2022)
Day 1 Hearing Transcript
Day 2 Hearing Transcript
Hearing Transcript
Continuation Hearing on Jurisdiction and Merits – Day 1 – Video 1 (October 3, 2022)
Continuation Hearing on Jurisdiction and Merits – Day 1 – Video 2 (October 3, 2022)
Continuation Hearing on Jurisdiction and Merits – Day 1 – Video 3 (October 3, 2022)
Continuation Hearing on Jurisdiction and Merits – Day 1 – Video 4 (October 3, 2022)
Continuation Hearing on Jurisdiction and Merits – Day 2 – Video 1 (October 4, 2022)
Continuation Hearing on Jurisdiction and Merits – Day 2 – Video 2 (October 4, 2022)
Continuation Hearing on Jurisdiction and Merits – Day 2 – Video 3 (October 4, 2022)
Continuation Hearing on Jurisdiction and Merits (April 26, 2023)
Procedural Order No. 15
Award
Available on the ICSID Website
Notice of Intent (August 17, 2018) English (Original)
Request for Arbitration (January 25, 2019) English (Original)
Procedural Order No. 1 (April 7, 2020) English (Original); Spanish (Original)
Claimants' Memorial on the Merits and Damages (June 15, 2020) English (Original)
Procedural Order No. 1 - Revised Annex A (July 15, 2020) English (Original); Spanish (Original)
Procedural Order No. 1 - Revised Annex A (October 19, 2020) English (Original); Spanish (Original)
Procedural Order No. 1 - Revised Annex A (November 2, 2020) English (Original); Spanish (Original)
Respondent’s Counter-Memorial on Jurisdiction and Merits (November 16, 2020) English (Original)
Procedural Order No. 1 - Revised Annex A (December 14, 2020) English (Original); Spanish (Original)
Procedural Order No. 2 (February 18, 2021) English (Original); Spanish (Original)
U.S. Submission Pursuant to Article 10.20.2 of the U.S.-Colombia TPA (February 26, 2021) English (Original)
Procedural Order No. 1 - Revised Annex A (March 16, 2021) English (Original); Spanish (Original)
Procedural Order No. 3 (May 26, 2021) English (Original); Spanish (Original)
Procedural Order No. 4 and dissenting opinion by arbitrator Hugo Perezcano Díaz (August 13, 2021) English (Original); Spanish (Original)
Procedural Order No. 5 (September 14, 2021) English (Original); Spanish (Original)
Procedural Order No. 6 (September 14, 2021) English (Original); Spanish (Original)
Claimants’ Reply on Jurisdiction and Merits (September 19, 2021) English (Original)
Procedural Order No. 7 (December 1, 2021) English (Original); Spanish (Original)
Respondent’s Rejoinder on Jurisdiction and Merits (February 17, 2022) English (Original)
Procedural Order No. 9 (March 28, 2022) English (Original); Spanish (Original)
Claimants’ Preliminary Response to Respondent’s New Essential Security Defense (April 18, 2022) English (Original)
Procedural Order No. 10 (April 26, 2022) English (Original); Spanish (Original)
Day 1 Hearing Transcript (May 2, 2022) English (Original)
Day 2 Hearing Transcript (May 3, 2022) English (Original)
Day 3 Hearing Transcript (May 4, 2022) English (Original)
Day 4 Hearing Transcript (May 5, 2022) English (Original)
Day 5 Hearing Transcript (May 6, 2022) English (Original)
Day 6 Hearing Transcript (May 7, 2022) English (Original)
Procedural Order No. 11 (July 15, 2022) English (Original); Spanish (Original)
Claimants’ Post Hearing Brief (July 21, 2022) English (Original)
Procedural Order No. 12 (September 12, 2022) English (Original); Spanish (Original)
Respondent’s Post Hearing Brief (August 25, 2022) English (Original)
Claimants’ Rebuttal on Essential Security (September 13, 2022) English (Original)
Procedural Order No. 13 (January 19, 2023) English (Original); Spanish (Original)
Claimants’ Second Post-Hearing Brief (December 21, 2022) English (Original)
Respondent’s Second Post-Hearing Brief (December 21, 2022) English (Original)
Procedural Order No. 14 (April 12, 2023) English (Original); Spanish (Original)
Day 1 Hearing Transcript (October 3, 2022) English (Original)
Day 2 Hearing Transcript (October 4, 2022) English (Original)
Hearing Transcript (April 26, 2023) English (Original)
Procedural Order No. 15 (November 9, 2023) English (Original); Spanish (Original)
Award (June 27, 2024) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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March 25, 2019 | The Secretary-General registers a request for the institution of arbitration proceedings. |
May 3, 2019 | Following appointment by the Claimants, Lucinda Low (U.S.) accepts her appointment as arbitrator. |
June 15, 2019 | The Claimants replace Lucinda Low as arbitrator pursuant to ICSID Arbitration Rule 7. |
June 24, 2019 | Following appointment by the Claimants, Charles Poncet (Swiss) accepts his appointment as arbitrator. |
June 27, 2019 | Following appointment by the Respondent, Hugo Perezcano Díaz (Mexican) accepts his appointment as arbitrator. |
February 25, 2020 | Following appointment by agreement of the parties, Klaus Sachs (German) accepts his appointment as presiding arbitrator. |
February 25, 2020 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Klaus Sachs (German), President, appointed by agreement of the parties; Charles Poncet (Swiss), appointed by the Claimants; and Hugo Perezcano Díaz (Mexican), appointed by the Respondent. |
April 2, 2020 | The Tribunal holds a first session by telephone conference. |
April 7, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
June 16, 2020 | The Claimants file a memorial on the merits. |
November 17, 2020 | The Respondent files a counter-memorial on jurisdiction and merits. |
January 15, 2021 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
February 18, 2021 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
February 26, 2021 | 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, 2021 | The Tribunal issues Procedural Order No. 3 concerning procedural matters. |
August 13, 2021 | The Tribunal issues Procedural Order No. 4 concerning production of documents; attached to the Procedural Order is a dissenting opinion by arbitrator Hugo Perezcano Díaz. |
September 3, 2021 | The Respondent files a request for reconsideration of Procedural Order No. 4 dated August 13, 2021. |
September 9, 2021 | The Claimants file observations on the Respondent’s request for reconsideration of September 3, 2021. |
September 14, 2021 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
September 14, 2021 | The Tribunal issues Procedural Order No. 6 concerning the Respondent’s request of September 3, 2021. |
September 19, 2021 | The Claimants file a reply on jurisdiction and merits. |
October 15, 2021 | A non-disputing party files a written submission pursuant to US-Colombia TPA Article 10.20. |
November 1, 2021 | Each party files observations on the non-disputing party’s written submission. |
December 1, 2021 | The Tribunal issues Procedural Order No. 7 concerning the non-disputing party’s written submission pursuant to US-Colombia TPA Article 10.20. |
February 17, 2022 | The Respondent files a rejoinder on jurisdiction and merits. |
March 23, 2022 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
March 28, 2022 | The Tribunal issues Procedural Order No. 9 concerning procedural matters. |
April 12, 2022 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
April 18, 2022 | The Claimants file a preliminary response to the Respondent’s new essential security defense. |
April 26, 2022 | The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing. |
May 2, 2022 - May 7, 2022 | The Tribunal holds a hearing on jurisdiction and the merits in person in Washington, D.C. and by video conference. |
June 2, 2022 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
June 3, 2022 | The Claimants file observations on the Respondent’s request of June 2, 2022 and a request for the Tribunal to decide on the admissibility of new evidence. |
June 10, 2022 | The Respondent files observations on the Claimants’ request of June 3, 2022. |
July 15, 2022 | The Tribunal issues Procedural Order No. 11 concerning the admissibility of new evidence. |
July 22, 2022 | The Claimants file a post-hearing brief and a submission on new evidence. |
August 26, 2022 | The Respondent files a post-hearing brief and reply on new evidence. |
September 12, 2022 | The Tribunal issues Procedural Order No. 12 concerning the organization of the hearing. |
September 12, 2022 | The President holds a pre-hearing organizational meeting with the parties by video conference. |
October 3, 2022 - October 4, 2022 | The Tribunal holds the continuation of the hearing on jurisdiction and the merits in person in Paris, France, and by video conference. |
December 22, 2022 | Each party files further post-hearing briefs. |
December 27, 2022 | The Claimants file a request for the exclusion of evidence. |
January 4, 2023 | The Respondent files observations on the Claimants’ request of December 27, 2022. |
January 19, 2023 | The Tribunal issues Procedural Order No. 13 concerning the exclusion of evidence and procedural matters. |
April 12, 2023 | The Tribunal issues Procedural Order No. 14 concerning the organization of the hearing. |
April 26, 2023 | The Tribunal holds a hearing on jurisdiction and the merits by video conference. |
July 26, 2023 | Each party files a submission on costs. |
August 9, 2023 | Each party files observations on the other party’s submission on costs. |
October 25, 2023 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
November 1, 2023 | The Respondent files observations on the Claimants’ request of October 25, 2023. |
November 8, 2023 | The Claimants file a reply on the Respondent’s observations of November 1, 2023. |
November 10, 2023 | The Respondent files observations on the Claimants’ reply of November 8, 2023. |
November 28, 2023 | The Tribunal issues Procedural Order No. 15 concerning the admissibility of new evidence. |
March 8, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
March 19, 2024 | The Claimants file a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2). |
March 26, 2024 | The Respondent files observations on the request to reopen the proceeding. |
March 30, 2024 | The Tribunal decides on the Claimants’ request to reopen the proceeding. |
June 4, 2024 | The Claimants file a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2). |
June 5, 2024 | The Respondent files observations on the request to reopen the proceeding. |
June 7, 2024 | The Tribunal decides on the Claimants’ request to reopen the proceeding. |
June 27, 2024 | The Tribunal renders its award. |