Case Details

Vercara, LLC (formerly Security Services, LLC, formerly Neustar, Inc.) v. Republic of Colombia (ICSID Case No. ARB/20/7)

Subject of Dispute:

Telecommunications concession
Economic Sector:

Information & Communication
Instrument(s) Invoked:

TPA United States – Colombia 2012
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Vercara, LLC (formerly Security Services, LLC, formerly Neustar, Inc.) (U.S.)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

March 9, 2020
Date of Constitution of Tribunal:

April 21, 2021

Composition of Tribunal

President:

Julian D.M. LEW (British, Israeli) - Appointed by the Parties
Arbitrators:

Kaj HOBÉR (Swedish) - Appointed by the Claimant(s)
Yves DERAINS (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Steptoe International, London, U.K.
Steptoe, Washington, D.C., 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
Hogan Lovells US, Miami, FL, U.S.A. and Paris, France
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 20, 2024 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Notice of Intent

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Claimant's Memorial on Jurisdiction and Merits

Respondent's Counter-Memorial on Jurisdiction and Merits

Submission of the United States

Claimant's Reply Memorial on Jurisdiction and Merits

Respondent's Rejoinder on Jurisdiction and Merits

Hearing on Jurisdiction and the Merits - Transcript Day 1

Hearing on Jurisdiction and the Merits - Transcript Day 2

Hearing on Jurisdiction and the Merits - Transcript Day 3

Respondent’s Security for Costs Application

Claimant’s Response on Security for Costs and Comments on Applicable Law

Respondent’s Reply on Security for Costs and Comments Relating to Applicable Law on Jurisdiction

Claimant’s Rejoinder on Security for Costs and Applicable Law on Jurisdiction

Respondent’s Post-Hearing Brief

Claimant’s Post-Hearing Brief

Decision on Security for Costs

Award of the Tribunal

Available on the ICSID Website

Notice of Intent (September 13, 2019) English (Original)

Request for Arbitration (December 23, 2019) English (Original)

Procedural Order No. 1 (July 9, 2021) English (Original); Spanish (Original)

Procedural Order No. 2 (May 6, 2022) English (Original); Spanish (Original)

Procedural Order No. 3 (October 25, 2022) English (Original); Spanish (Original)

Procedural Order No. 4 (February 28, 2023) English (Original); Spanish (Original)

Claimant's Memorial on Jurisdiction and Merits (October 22, 2021) English (Original)

Respondent's Counter-Memorial on Jurisdiction and Merits (February 25, 2022) English (Original)

Submission of the United States (May 13, 2022) English (Original)

Claimant's Reply Memorial on Jurisdiction and Merits (July 29, 2022) English (Original)

Respondent's Rejoinder on Jurisdiction and Merits (November 4, 2022) English (Original)

Hearing on Jurisdiction and the Merits - Transcript Day 1 (March 27, 2023) English (Original); Spanish (Original)

Hearing on Jurisdiction and the Merits - Transcript Day 2 (March 28, 2023) English (Original); Spanish (Original)

Hearing on Jurisdiction and the Merits - Transcript Day 3 (March 29, 2023) English (Original); Spanish (Original)

Respondent’s Security for Costs Application (April 19, 2023) English (Original)

Claimant’s Response on Security for Costs and Comments on Applicable Law (May 10, 2023) English (Original)

Respondent’s Reply on Security for Costs and Comments Relating to Applicable Law on Jurisdiction (May 26, 2023) English (Original)

Claimant’s Rejoinder on Security for Costs and Applicable Law on Jurisdiction (June 2, 2023) English (Original)

Respondent’s Post-Hearing Brief (June 9, 2023) English (Original)

Claimant’s Post-Hearing Brief (June 9, 2023) English (Original)

Decision on Security for Costs (September 27, 2023) English (Original); Spanish (Original)

Award of the Tribunal (September 20, 2024) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
March 9, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
September 7, 2020	Following appointment by the Claimant, Kaj Hobér (Swedish) accepts his appointment as arbitrator.
October 5, 2020	Following appointment by the Respondent, Yves Derains (French) accepts his appointment as arbitrator.
April 21, 2021	Following appointment by agreement of the parties, Julian Lew (British) accepts his appointment as presiding arbitrator.
April 21, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Julian Lew (British), President, appointed by agreement of the parties; Kaj Hobér (Swedish), appointed by the Claimant; and Yves Derains (French), appointed by the Respondent.
June 15, 2021	The Tribunal holds a first session by video conference.
July 9, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 22, 2021	The Claimant files a memorial on jurisdiction and the merits.
February 25, 2022	The Respondent files a counter-memorial on jurisdiction and the merits.
May 6, 2022	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
May 13, 2022	A non-disputing party files a written submission pursuant to US-Colombia TPA Article 10.20.2.
July 29, 2022	The Claimant files a reply on jurisdiction and the merits.
October 25, 2022	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
November 4, 2022	The Respondent files a rejoinder on jurisdiction and the merits.
February 20, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
February 28, 2023	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
March 27, 2023 - March 29, 2023	The Tribunal holds a hearing on jurisdiction and the merits in London.
April 19, 2023	The Respondent files a request for security for costs.
May 10, 2023	The Claimant files observations on the Respondent’s request for security for costs.
May 26, 2023	The Respondent files a response to the Claimant’s observations of May 10, 2023.
June 2, 2023	The Claimant files further observations on the Respondent’s response of May 26, 2023.
June 9, 2023	Each party files a post-hearing brief.
September 27, 2023	The Tribunal issues a decision on security for costs.
September 20, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
September 20, 2024	The Tribunal renders its award.