ICSID - International Centre for Settlement of Investment Disputes

08/30/2024 | Press release | Distributed by Public on 08/30/2024 10:11

Eco Oro Minerals Corp. v. Republic of Colombia (ICSID Case No. ARB/16/41)

Eco Oro Minerals Corp. v. Republic of Colombia (ICSID Case No. ARB/16/41)

  • Subject of Dispute:
    Mining concession
  • Economic Sector:
    Oil, Gas & Mining
  • Instrument(s) Invoked: (i)
    FTA Canada - Colombia
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    Eco Oro Minerals Corp. (Canadian)
  • Respondent(s):
    Republic of Colombia (Colombian)
  • Date Registered:
    December 29, 2016
  • Date of Constitution of Tribunal:
    September 11, 2017
  • Composition of Tribunal

  • President:
    Juliet BLANCH (British) - Appointed by the Secretary-General
  • Arbitrators:
    Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
    Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)
  • Party Representatives

  • Claimant(s):
    Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
  • Respondent(s):
    Agencia Nacional de Defensa Jurídica del Estado, Bogota, Colombia
    Latham & Watkins, Paris, France
  • Language(s) of Proceeding:
    English,Spanish
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    July 15, 2024 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Horacio A. Grigera Naón and a declaration on costs by arbitrator Philippe Sands.

(b) Rectification Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Claimant(s)
  • Date Registered:
    August 30, 2024
  • Party Representatives

  • Claimant(s):
    Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
  • Respondent(s):
    Agencia Nacional de Defensa Jurídica del Estado, Bogotá, Colombia
    Latham & Watkins, Paris, France
  • Status of Proceeding:
    Pending
  • Latest Development:
    August 30, 2024 - The Secretary-General registers a request for rectification of the award filed by Eco Oro Minerals Corp.

(a) Original Proceeding

Published Decisions

Notice of Intent

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 7

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10

Procedural Order No. 11

Procedural Order No. 12

Procedural Order No. 13

Award, Dissenting Opinion and Declaration on Costs (Redacted)

Available on the ICSID Website

Notice of Intent (March 7, 2016)English (Original)

Request for Arbitration (December 8, 2016)English (Original)

Procedural Order No. 1 (November 30, 2017)English (Original)

Procedural Order No. 2 (June 28, 2018)English (Original)

Procedural Order No. 3 (August 29, 2018)English (Original)

Procedural Order No. 4 (October 10, 2018)English (Original)

Procedural Order No. 5 (December 21, 2018)English (Original)

Procedural Order No. 6 (February 18, 2019)English (Original)

Procedural Order No. 7 (April 5, 2019)English (Original)

Procedural Order No. 8 (October 4, 2019)English (Original)

Procedural Order No. 9 (November 25, 2019)English (Original)

Procedural Order No. 10 (December 27, 2019)English (Original)

Procedural Order No. 11 (January 28, 2020)English (Original)

Procedural Order No. 12 (November 3, 2021)English (Original)

Procedural Order No. 13 (June 27, 2022)English (Original)

Award, Dissenting Opinion and Declaration on Costs (Redacted) (July 15, 2024)English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
December 29, 2016 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
April 25, 2017 Following appointment by the Claimant, Horacio Grigera Naón (Argentine) accepts his appointment as arbitrator.
April 27, 2017 Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator.
September 11, 2017

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juliet Blanch (British), President, appointed by the Secretary-General pursuant to the parties' agreement; Horacio Grigera Naón (Argentine), appointed by the Claimant; and Philippe Sands (British/French), appointed by the Respondent.

September 11, 2017

Following appointment by agreement of the parties, Juliet Blanch (British) accepts her appointment as presiding arbitrator.

November 21, 2017

The Tribunal holds a first session by telephone conference.

November 30, 2017

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

March 20, 2018

The Claimant files a memorial on the merits.

April 18, 2018

The Respondent files a request to address the objections to jurisdiction as a preliminary question.

May 18, 2018

The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.

June 28, 2018

The Tribunal issues Procedural Order No. 2 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question.

August 29, 2018

The Tribunal issues Procedural Order No. 3 concerning procedural matters.

October 10, 2018

The Tribunal issues Procedural Order No. 4 concerning procedural matters.

December 19, 2018

A non-disputing party files an application pursuant to ICSID Arbitration Rule 37(2).

December 21, 2018

The Tribunal issues Procedural Order No. 5 concerning procedural matters.

December 24, 2018

The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.

January 28, 2019

Each party files observations on the non-disputing party's application.

February 18, 2019

The Tribunal issues Procedural Order No. 6 concerning the non-disputing party's application to intervene pursuant to ICSID Arbitration Rule 37(2).

March 22, 2019

Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents.

April 5, 2019

The Tribunal issues Procedural Order No. 7 concerning production of documents.

June 1, 2019

The Claimant files a reply on the merits and a counter-memorial on jurisdiction.

September 26, 2019

The Respondent files a request for the Tribunal to decide on production of documents.

September 29, 2019

The Claimant files observations on the Respondent's request of September 26, 2019.

October 2, 2019

The Respondent files further observations on its request of September 26, 2019.

October 4, 2019

The Tribunal issues Procedural Order No. 8 concerning production of documents.

October 10, 2019

The Respondent files a rejoinder on the merits and a reply on jurisdiction.

November 25, 2019

The Tribunal issues Procedural Order No. 9 concerning procedural matters.

December 6, 2019

The Claimant files a rejoinder on jurisdiction.

December 20, 2019

The President holds a pre-hearing organizational meeting with the parties by telephone conference.

December 27, 2019

The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing.

January 20, 2020 - January 24, 2020

The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.

January 28, 2020

The Tribunal issues Procedural Order No. 11 concerning procedural matters.

February 27, 2020

Canada files a written submission as a non-disputing State Party pursuant to Article 827(2) of the Free Trade Agreement between Canada and the Republic of Colombia.

March 1, 2020

The Respondent files a post-hearing brief.

March 2, 2020

The Claimant files a post-hearing brief.

March 3, 2020

Each party files observations on the written submission of Canada of February 27, 2020.

September 9, 2021

The Tribunal issues a decision on jurisdiction, liability and directions on quantum; attached to the decision is a partial dissenting opinion by arbitrator Horacio A. Grigera Naón and a partial dissent by arbitrator Philippe Sands.

November 3, 2021

The Tribunal issues Procedural Order No. 12 concerning procedural matters.

January 15, 2022

The Claimant files a submission addressing the Tribunal's questions set out in its decision on jurisdiction, liability and directions on quantum of September 9, 2021.

May 23, 2022

The Respondent files a submission addressing the Tribunal's questions set out in its decision on jurisdiction, liability and directions on quantum of September 9, 2021.

June 27, 2022

The Tribunal issues Procedural Order No. 13 concerning procedural matters.

July 8, 2022

The Claimant files a reply submission addressing the Tribunal's questions set out in its decision on jurisdiction, liability and directions on quantum of September 9, 2021.

August 22, 2022

The Respondent files a rejoinder submission addressing the Tribunal's questions set out in its decision on jurisdiction, liability and directions on quantum of September 9, 2021.

March 8, 2024

Each party files a submission on costs.

April 29, 2024

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

July 15, 2024

The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Horacio A. Grigera Naón and a declaration on costs by arbitrator Philippe Sands.

(b) Rectification Proceeding

Date Development
August 30, 2024

The Secretary-General registers a request for rectification of the award filed by Eco Oro Minerals Corp.