ICSID - International Centre for Settlement of Investment Disputes
ICSID - International Centre for Settlement of Investment Disputes
08/05/2024 | Press release | Distributed by Public on 08/05/2024 16:26
South32 SA Investments Limited v. Republic of Colombia (ICSID Case No. ARB/20/9)
South32 SA Investments Limited v. Republic of Colombia (ICSID Case No. ARB/20/9)
Proceeding
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Subject of Dispute:Mining concession
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Economic Sector:Oil, Gas & Mining
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Instrument(s) Invoked: (i)BIT Colombia - United Kingdom of Great Britain and Northern Ireland 2010
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Applicable Rules:ICSID Convention - Arbitration Rules
(a) Original Proceeding
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Claimant(s)/Nationality(ies): (i)South32 SA Investments Limited (British)
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Respondent(s):Republic of Colombia (Colombian)
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Date Registered:March 27, 2020
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Date of Constitution of Tribunal:November 17, 2020
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Composition of Tribunal
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President:Deva VILLANUA GOMEZ (Spanish) - Appointed by the Parties
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Arbitrators:Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Andrés JANA LINETZKY (Chilean, Portuguese) - Appointed by the Respondent(s)
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Party Representatives
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Claimant(s):Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Dechamps International Law, London, U.K.
Posse Herrera Ruiz, Bogota, Colombia -
Respondent(s):Agencia Nacional de Defensa Jurídica del Estado, Bogota, Colombia
Ministerio de Comercio, Industria y Turismo, Bogota, Colombia
Latham & Watkins, Paris, France -
Language(s) of Proceeding:English,Spanish
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Status of Proceeding:Concluded
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Outcome of Proceeding:June 21, 2024 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Andrés Jana.
(b) Rectification Proceeding
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Applicant(s)/Requesting Party(ies): (i)Claimant(s)
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Date Registered:August 5, 2024
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Party Representatives
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Status of Proceeding:Pending
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Latest Development:August 5, 2024 - The Acting Secretary-General registers a request for rectification of the award filed by South32 SA Investments Limited.
(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 |
| 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 |
| August 5, 2024 |
The Acting Secretary-General registers a request for rectification of the award filed by South32 SA Investments Limited. |