Case Details

Glencore International A.G. v. Republic of Colombia (ICSID Case No. ARB/21/30)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Colombia - Switzerland 2006
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Glencore International A.G. (Swiss)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

May 28, 2021
Date of Constitution of Tribunal:

August 28, 2023

Composition of Tribunal

President:

Sabina SACCO (Chilean, Italian, Salvadoran) - Appointed by the Parties
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields US, Washington, D.C., U.S.A.
Holland & Knight Colombia, Bogota, Colombia
Respondent(s):

Agencia Nacional de Defensa Jurídica del Estado, Bogota, Colombia
Arnold & Porter Kaye Scholer, Washington D.C., U.S.A. and London, U.K.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

December 6, 2024 - The Claimant files a reply on the merits and counter- memorial on jurisdiction.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Republic of Colombia’s Summary of its Rebuttal to Claimant’s Claims

Summary of Claimant's Position

Procedural Order No. 3

Available on the ICSID Website

Procedural Order No. 1 (December 20, 2023) English (Original)

Procedural Order No. 2 (January 26, 2024) English (Original)

Republic of Colombia’s Summary of its Rebuttal to Claimant’s Claims (August 15, 2024) English (Original)

Summary of Claimant's Position (August 15, 2024) English (Original)

Procedural Order No. 3 (October 10, 2024) English (Original)

(a) Original Proceeding

Date	Development
May 28, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
September 20, 2021	Following appointment by the Claimant, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
February 24, 2022	Following appointment by the Respondent, Donald M. McRae (Canadian/New Zealand) accepts his appointment as arbitrator.
August 25, 2023	Following appointment by agreement of the parties, Sabina Sacco (Italian/Chilean/Salvadoran) accepts her appointment as presiding arbitrator.
August 28, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Sabina Sacco (Italian/Chilean/Salvadoran), President, appointed by agreement of the parties; Bernard Hanotiau (Belgian), appointed by the Claimant; and Donald M. McRae (Canadian/New Zealander), appointed by the Respondent.
October 24, 2023	The Tribunal holds a first session by video conference.
December 20, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 2, 2024	The Claimant files a memorial on the merits.
June 20, 2024	The Respondent files a request for the Tribunal to decide on production of documents.
June 26, 2024	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
June 28, 2024	The Respondent files observations on the Claimant’s observation regarding the Respondent’s request for the Tribunal to decide on production of documents.
July 11, 2024	The Respondent files objections to jurisdiction and a counter-memorial on the merits.
July 11, 2024	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
July 31, 2024	Each party files observations on the non-disputing party’s application.
October 10, 2024	The Tribunal issues a procedural order concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
November 14, 2024	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
December 6, 2024	The Claimant files a reply on the merits and counter- memorial on jurisdiction.