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South American Silver v. Bolivia

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Case Details

Year of Filing: 2013

Case Status: Arbitral Phase Concluded

Claimant(s): South American Silver Corp

Respondent(s): Plurinational State of Bolivia

Arbitral Rules: UNCITRAL and/or Ad-Hoc

Legal Instrument: Treaty

Treaty: Bolivia-United Kingdom BIT

Administrative Case Number: PCA Case No. 2013-15

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of South American Silver v. Bolivia

ANALYSIS: Recent award highlights debate over whether investment treaties protect passive investments – but tribunal sidesteps discussing that jurisprudence in great detail May 31, 2019
South American Silver v. Bolivia (Part 1 of 3): tribunal split as to whether indirectly-owned investments are covered by BIT, but majority upholds jurisdiction Feb 21, 2019
South American Silver v. Bolivia (Part 2 of 3): tribunal finds that there is no “clean hands” doctrine under international law, and finds unlawful expropriation due to termination of mining concessions in protest-plagued region Feb 21, 2019
South American Silver v. Bolivia (Part 3 of 3): majority sees no breach of FET or full protection; damages analysis sees only sunk costs as due Feb 21, 2019
South American Silver wins on expropriation in long-running bilateral investment treaty case – but collects only sunk costs from Bolivia Nov 23, 2018
UNCITRAL BIT tribunal denies a governmental bid for security for costs, rejecting Gavan Griffith’s view of third-party funded investors Jan 25, 2016
Investor offers views on legal significance of human rights arguments – and insists it has suffered unlawful expropriation – in latest pleading in Bolivian silver mine dispute Jan 20, 2016
Battle over security for costs in third-party funded UNCITRAL BIT arbitration heats up Jan 20, 2016
$2.5 million security for costs order is requested by government, as well as disclosure of third-party funding arrangements in ongoing UNCITRAL mine dispute  Nov 5, 2015
South American Silver lays out $385 million case against Bolivia; government counters that UK treaty should not protect “Canadian investment” Jun 14, 2015
Bolivia alleges investor misconduct in silver mining claim, but tribunal deems it prudent to redact certain details so as to not exacerbate dispute Jun 14, 2015
Investor’s bid to disqualify former Argentine Attorney General from sitting on tribunal is rejected by PCA Secretary-General Apr 9, 2014
Gov’t bid to remove arbitrator Orrego Vicuna falls short in UNCITRAL BIT case, and elicited rebuke from challenged arbitrator as to nationality-based discrimination Apr 9, 2014
Arbitrators in South American Silver v. Bolivia (UNCITRAL) proceeding are revealed, and include former Argentine official Feb 5, 2014