Analysis: ICSID tribunal rejects Colombia’s request for security for costs, seeing no risk of non-compliance due to assignment of claims to new entity

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[Updated] Reficar seeks §1782 U.S. Code discovery to fight corporate restructuring that would allegedly annihilate billion-dollar ICC award in favor of the state entity

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Analysis: US non-disputing party submission under TPA with Colombia emphasizes need for judicial finality and valid waiver of domestic remedies; parties discuss requirements for subsequent agreements

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Analysis: In the context of Rule 41(5) proceedings, an ICSID tribunal decides that notice of dispute did not interrupt limitation period, and concludes that banking claim against Colombia manifestly falls outside of its temporal jurisdiction

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ICSID tribunal declines request for amicus intervention from local lawyer who alleges that claimant’s pleadings are causing damage to his professional reputation

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Tribunal majority orders disclosure of documents related to criminal investigations, subject to a confidentiality arrangement; dissenter doubts the arbitrators’ ability to enforce this ruling

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Analysis: Ad hoc committee refuses to annul Glencore v. Colombia award, rejecting Colombia’s arguments based on illegality and corruption allegations; committee finds that procedural orders may be reviewed if they tainted the award

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ICSID ad hoc committee declines bid for annulment of Glencore v. Colombia award, dismissing Colombia’s allegation that the tribunal unduly dismissed corruption allegations

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Analysis: Arbitrators in Eco Oro v. Colombia environmental mining ban dispute disagree on police powers and scope of minimum standard of treatment in Canada-Colombia FTA; majority finds MST breach, and decides that general exceptions do not relieve Colombia from its duty to pay compensation

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Colombian high-altitude mining arbitration proceeds to the next stage, with a divided tribunal upholding FET claim, dismissing expropriation claim, and inviting further submissions on damages

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Analysis: Tribunal majority in America Movil v. Colombia relies on local court decision to find that claimant did not have a right capable of being expropriated; dissenter would have found a judicial expropriation

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[Updated with Award] Billion-dollar claim against Colombia is dismissed on the merits, but tribunal finds that it lacks jurisdiction over the state’s counterclaim

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Colombia round-up: A new notice of dispute, imminent public hearings, and an update on other arbitration-related developments regarding the state

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Colombia round-up: An update on 12 treaty-based disputes against the state

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Glencore v. Colombia award: On jurisdiction and admissibility, tribunal sees no ‘red flags’ of corruption, but declines jurisdiction over umbrella clause claim

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Colombia round-up: Newly approved bilateral investment treaties, dispute settlement discussions, pleadings and decisions in ongoing arbitrations

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In new ruling, ICSID tribunal denies application for non-disputing party submission, considering that the petitioners failed to prove that the arbitral dispute involved issues of human rights

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India agrees new investment treaty text with Colombia, Belarus and Taiwan, advancing some of its key concerns such as partial exhaustion and human rights [UPDATED]

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Arbitrator Zachary Douglas reverses course and resigns as ruling on disqualification loomed from PCA; parallel challenge in ICSID case is next battleground

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