Case Details

Glencore International A.G. & others v. Republic of Colombia (ICSID Case No. ARB/23/50)

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), C.I. Prodeco S.A. (Colombian), Consorcio Minero Unido S.A. (Colombian), Carbones de la Jagua S.A. (Colombian)
Respondent(s):

Republic of Colombia (Colombian)
Date Registered:

November 16, 2023
Date of Constitution of Tribunal:

December 12, 2024

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields US, Washington, D.C., U.S.A.
Respondent(s):

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

English,Spanish
Status of Proceeding:

Pending
Latest Development:

May 26, 2026 - The Tribunal issues Procedural Order No. 3 concerning the production of documents.

(a) Original Proceeding

Published Decisions

Summary of Claimants' Position

Summary of Republic of Colombia's Position on the Merits

Available on the ICSID Website

Summary of Claimants' Position (March 23, 2026) English (Original)

Summary of Republic of Colombia's Position on the Merits (March 23, 2026) English (Original)

(a) Original Proceeding

Date	Development
November 16, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
June 5, 2024	Following appointment by the Claimants, Horacio Grigera Naón (Argentine) accepts his appointment as arbitrator.
August 9, 2024	The Claimants present an ancillary claim.
September 16, 2024	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
December 12, 2024	Following appointment by agreement of the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
December 12, 2024	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by agreement of the parties; Horacio Grigera Naón (Argentine), appointed by the Claimants; and J. Christopher Thomas (Canadian), appointed by the Respondent.
February 27, 2025	The Tribunal holds a first session by video conference.
February 28, 2025	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 3, 2025	The Claimants file a memorial on the merits.
February 20, 2026	Following exchanges between the parties, the Respondent files a request for the Tribunal to order the production of certain documents.
February 20, 2026	The Claimants file observations on the Respondent’s request of February 20, 2026.
February 24, 2026	The Respondent files a response to the Claimants’ observations of February 20, 2026.
March 6, 2026	The Tribunal decides on the production of documents.
March 9, 2026	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
March 20, 2026	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 67(1).
April 14, 2026	Each party files observations on the non-disputing party’s application.
May 5, 2026	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
May 7, 2026	The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 67(5).
May 26, 2026	The Tribunal issues Procedural Order No. 3 concerning the production of documents.