Case Details
South32 SA Investments Limited v. Republic of Colombia (ICSID Case No. ARB/20/9)
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Mining concession
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Oil, Gas & Mining
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BIT Colombia - United Kingdom of Great Britain and Northern Ireland 2010
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ICSID Convention - Arbitration Rules
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South32 SA Investments Limited (British)
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Republic of Colombia (Colombian)
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March 27, 2020
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November 17, 2020
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Deva VILLANUA GOMEZ (Spanish) - Appointed by the Parties
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Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Andrés JANA LINETZKY (Chilean, Portuguese) - Appointed by the Respondent(s) -
Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Dechamps International Law, London, U.K.
Posse Herrera Ruiz, Bogota, Colombia -
Agencia Nacional de Defensa Jurídica del Estado, Bogota, Colombia
Ministerio de Comercio, Industria y Turismo, Bogota, Colombia
Latham & Watkins, Paris, France -
English,Spanish
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Concluded
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June 21, 2024 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Andrés Jana.
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Claimant(s)
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August 5, 2024
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Pending
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October 1, 2024 - South32 SA Investments Limited files a response to the Republic of Colombia’s observations of September 17, 2024.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Rectification Proceeding
Party Representatives
(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)
(a) Original Proceeding
Date | Development |
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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 |
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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. |