Analysis: ICSID tribunal in Foster Wheeler v. Colombia holds that non-final decision cannot trigger treaty breach, dismissing claims as premature under treaty’s mandatory bifurcation provision

February 18, 2025Colombia, Energy Disputes, ICSID (World Bank)
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[Updated] Colombia seeks annulment of Telefonica award, and plans to renegotiate arbitration provisions contained in its investment agreements; state’s participation in ICSID Convention may also be rediscussed

November 28, 2024Annulment and Court Review of Awards, Colombia, ICSID (World Bank)
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Analysis: In Neustar v. Colombia, ICSID tribunal finds that corporate claimant cannot unilaterally be substituted with another entity, rejects abuse of rights allegations, and finds no treaty breach in state’s refusal to extend telecoms concession

October 24, 2024Colombia, ICSID (World Bank), Telecoms Disputes
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[Updated with Award] Analysis: In Final Award, Eco Oro v. Colombia tribunal majority declines to award any damages, even though respondent may be benefitting from its own treaty breach

July 23, 2024Colombia, ICSID (World Bank), Mining Disputes
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Analysis: In South32 v. Colombia, full tribunal upholds jurisdiction and finds BIT breaches through contradictory state conduct, but arbitrators disagree on unprecedented decision to impose indemnity for future damages

July 8, 2024Colombia, Damage Determinations, ICSID (World Bank), Mining Disputes
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Tribunal hearing mining royalty dispute with Colombia unanimously upholds jurisdiction and finds BIT breaches; tribunal majority orders state to pay indemnity for future damages, while dissenter finds that indemnity unduly interferes with state’s sovereignty

June 24, 2024Colombia, ICSID (World Bank), Mining Disputes
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Analysis: Third tribunal to rule on Colombia’s high-altitude mining ban finds that although state’s conduct was not fully consistent, it did not reach the level of a treaty breach

June 24, 2024Colombia, Environmental Disputes, ICSID (World Bank), Mining Disputes
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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

December 5, 2023Colombia, ICSID (World Bank), Interim Measures Decisions, Telecoms Disputes
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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

September 26, 2023Colombia, Energy Disputes, ICC Rules, Payment of Awards
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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

May 23, 2022Colombia, ICSID (World Bank)
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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

February 28, 2022Colombia, ICSID (World Bank)
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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

December 21, 2021Amicus Curiae Interventions, Colombia, ICSID (World Bank)
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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

November 18, 2021Colombia, ICSID (World Bank)
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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

September 28, 2021Annulment and Court Review of Awards, Colombia, ICSID (World Bank), Mining Disputes
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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

September 24, 2021Annulment and Court Review of Awards, Colombia, ICSID (World Bank), Mining Disputes
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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

September 16, 2021Colombia, Human Rights and Investment Law, ICSID (World Bank), Mining Disputes
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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

September 10, 2021Colombia, ICSID (World Bank), Mining Disputes
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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

May 20, 2021Colombia, ICSID (World Bank), Telecoms Disputes
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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

March 12, 2021Colombia, Energy Disputes, ICSID (World Bank), UNCITRAL and Ad-Hoc
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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

September 25, 2020Annulment and Court Review of Awards, Colombia, Energy Disputes, Environmental Disputes, ICSID (World Bank), Mining Disputes, Round-Ups, Telecoms Disputes, Transportation Disputes, UNCITRAL and Ad-Hoc
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Colombia round-up: An update on 12 treaty-based disputes against the state

February 28, 2020Annulment and Court Review of Awards, Colombia, Energy Disputes, Environmental Disputes, ICSID (World Bank), Mining Disputes, Round-Ups, Telecoms Disputes, UNCITRAL and Ad-Hoc
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