Case Details

Canal Extensia, S.A.U. v. Republic of Colombia (ICSID Case No. ARB/23/1)

Subject of Dispute:

Water and sewer services concession
Economic Sector:

Water, Sanitation & Flood Protection
Instrument(s) Invoked:

BIT Colombia - Spain 2005
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Canal Extensia, S.A.U. (Spanish)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

January 13, 2023
Date of Constitution of Tribunal:

December 4, 2023

Composition of Tribunal

President:

Luca G. RADICATI DI BROZOLO (British, Italian) - Appointed by the Parties
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Dyalá JIMÉNEZ FIGUERES (Costa Rican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Uria Menéndez Abogados, Madrid, Spain
Philippi Prietocarrizosa Ferrero DU & Uría, Colombia
Canal Extensia, S.A.U., Spain
Respondent(s):

Agencia Nacional de Defensa Jurídica del Estado, Bogotá, Colombia
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Pending
Latest Development:

September 27, 2024 - The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the preliminary objections are joined to the merits of the dispute.

No References Available.

(a) Original Proceeding

Date	Development
January 13, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
April 6, 2023	Following appointment by the Claimant, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
April 27, 2023	Following appointment by the Respondent, Dyalá Jiménez Figueres (Costa Rican) accepts her appointment as arbitrator.
December 4, 2023	Following appointment by agreement of the parties, Luca Radicati di Brozolo (British/Italian) accepts his appointment as presiding arbitrator.
December 4, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Luca Radicati di Brozolo (British/Italian), President, appointed by agreement of the parties; Bernard Hanotiau (Belgian), appointed by the Claimant; and Dyalá Jiménez Figueres (Costa Rican), appointed by the Respondent.
February 19, 2024	The Tribunal holds a first session by video conference.
March 5, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters and Procedural Order No. 2 concerning confidentiality.
May 29, 2024	The Claimant files a memorial on the merits.
July 15, 2024	The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44.
August 28, 2024	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
September 27, 2024	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the preliminary objections are joined to the merits of the dispute.