Case Details

South32 SA Investments Limited v. Republic of Colombia (ICSID Case No. ARB/20/9)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Colombia - United Kingdom of Great Britain and Northern Ireland 2010
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

South32 SA Investments Limited (British)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

March 27, 2020
Date of Constitution of Tribunal:

November 17, 2020

Composition of Tribunal

President:

Deva VILLANUA GOMEZ (Spanish) - Appointed by the Parties
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Andrés JANA LINETZKY (Chilean, Portuguese) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields US, Washington, D.C., U.S.A.
Dechamps International Law, London, U.K.
Posse Herrera Ruiz, Bogota, Colombia
Respondent(s):

Agencia Nacional de Defensa Jurídica del Estado, Bogota, Colombia
Ministerio de Comercio, Industria y Turismo, Bogota, Colombia
Latham & Watkins, Paris, France
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 21, 2024 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Andrés Jana.

(b) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

August 5, 2024

Party Representatives

Claimant(s):

Freshfields US, Washington, D.C., U.S.A.
Dechamps International Law, London, U.K.
Posse Herrera Ruiz, Bogota, Colombia
Respondent(s):

Agencia Nacional de Defensa Jurídica Internacional, Bogota, Colombia
Ministerio de Comercio, Industria y Turismo, Bogota, Colombia
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 4, 2024 - Each party files a statement of costs.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Award

Available on the ICSID Website

Procedural Order No. 1 (December 29, 2020) English (Original)

Procedural Order No. 2 (November 10, 2021) English (Original)

Procedural Order No. 3 (January 10, 2022) English (Original)

Procedural Order No. 4 (February 15, 2023) English (Original)

Procedural Order No. 5 (April 12, 2023) Spanish (Original)

Award (June 21, 2024) English (Original); Spanish (Original)

(b) Rectification Proceeding

Published Decisions

Decision on Rectification

Available on the ICSID Website

Decision on Rectification (January 29, 2025) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
March 27, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
July 6, 2020	Following appointment by the Claimant, Oscar M. Garibaldi (Argentine/U.S.) accepts his appointment as arbitrator.
August 16, 2020	Following appointment by the Respondent, Andrés Jana (Chilean) accepts his appointment as arbitrator.
September 9, 2020	Oscar M. Garibaldi withdraws the acceptance of his appointment as arbitrator.
September 11, 2020	Following appointment by the Claimant, Guido Santiago Tawil (Argentine/Portuguese) accepts his appointment as arbitrator.
November 17, 2020	Following appointment by agreement of the parties, Deva Villanúa Gómez (Spanish) accepts her appointment as presiding arbitrator.
November 17, 2020	The Tribunal is constituted in accordance with 37(2)(b) of the ICSID Convention. Its members are: Deva Villanúa Gómez (Spanish), President, appointed by agreement of the parties; Guido Santiago Tawil (Argentine/Portuguese), appointed by the Claimant; and Andrés Jana (Chilean), appointed by the Respondent.
December 21, 2020	The Tribunal holds a first session by video conference.
December 29, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 23, 2021	The Claimant files a memorial on the merits.
September 10, 2021	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
October 28, 2021	Each party files a request for the Tribunal to decide on production of documents.
November 10, 2021	The Tribunal issues Procedural Order No. 2 concerning production of documents.
January 10, 2022	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
March 21, 2022	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
August 11, 2022	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
November 10, 2022	The Claimant files a rejoinder on jurisdiction.
February 2, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
February 15, 2023	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
March 15, 2023 - March 17, 2023	The Tribunal holds a hearing on jurisdiction, merits and quantum in Washington, D.C.
April 12, 2023	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
May 4, 2023	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
May 15, 2023	The Respondent files observations on the Claimant’s request of May 4, 2023.
May 16, 2023	The Tribunal decides on the admissibility of new evidence.
July 28, 2023	Each party files a post-hearing brief.
August 25, 2023	Each party files a statement of costs.
May 14, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 21, 2024	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Andrés Jana.

(b) Rectification Proceeding

Date	Development
August 5, 2024	The Acting Secretary-General registers a request for rectification of the award filed by South32 SA Investments Limited.
September 17, 2024	The Republic of Colombia files observations on South32 SA Investments Limited’s request for rectification.
October 1, 2024	South32 SA Investments Limited files a response to the Republic of Colombia’s observations of September 17, 2024.
October 15, 2024	The Republic of Colombia files a rejoinder on South32 SA Investments Limited’s response of October 1, 2024.
October 29, 2024	The Tribunal issues a decision on the rectification of the award.
November 4, 2024	Each party files a statement of costs.