Arbitral Digest

Matter

Infinito Gold Ltd. v. Republic of Costa Rica (ICSID Case No. ARB/14/5)

Case no.
ARB/14/5
Seat
United States
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 17 February 2015United States

    17 February 2015United States

    Procedural Order No. 1 dated 17 February 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules, timetable, document-production process, hearing arrangements, and other directions for the arbitration.

    Supporting details

    3 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules
    • ICSID Administrative and Financial Regulations, Regulation 25
      statute

    1 year, 3 months and 15 days later · 470 days

  2. 1 June 2016United States

    1 June 2016United States

    Procedural Order No. 2 dated 1 June 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted APREFLOFAS non-disputing party status and authorized a written submission, limited to 10,000 words, while denying or deferring its other requests as specified in the order.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Agreement between the Government of Canada and the Government of the Republic of Costa Rica for the Promotion and Protection of Investments (Signed 18 March 1998; entered into force 29 September 1999)
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    9 days later · 9 days

  3. 10 June 2016United States

    10 June 2016United States

    Procedural Order No. 3 dated 10 June 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the Parties' outstanding requests for production of documents under the applicable document-production standards and directed the Parties on production and confidentiality procedures.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    6 months and 30 days later · 213 days

  4. 9 January 2017United States

    9 January 2017United States

    Procedural Order No. 4 dated 9 January 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the January 2017 hearing, moved the venue to New York City, confirmed that no witness or expert hearing was necessary, and gave related logistical directions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    10 months and 25 days later · 329 days

  5. 4 December 2017United States

    4 December 2017United States

    Decision on Jurisdiction dated 4 December 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal joined to the merits phase the objections under Article XII(3)(c), Annex I Section III(1), and Article IV of the Canada-Costa Rica BIT, and the issue whether the investment complied with Article I(g). It denied the Respondent's other preliminary objections, directed continuation toward the merits phase, and reserved costs.

    Supporting details

    4 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    4
    • Agreement between the Government of Canada and the Government of the Republic of Costa Rica for the Promotion and Protection of Investments (Signed 18 March 1998; entered into force 29 September 1999)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • ICSID Institution Rules
      statute

    2 months and 18 days later · 80 days

  6. 22 February 2018United States

    22 February 2018United States

    Procedural Order No. 5 dated 22 February 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal authorized APREFLOFAS to make a non-disputing party written submission on the merits, subject to the stated limits and confidentiality arrangements, and set the terms for access and observations.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Agreement between the Government of Canada and the Government of the Republic of Costa Rica for the Promotion and Protection of Investments (Signed 18 March 1998; entered into force 29 September 1999)
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    6 months and 26 days later · 207 days

  7. 17 September 2018United States

    17 September 2018United States

    Procedural Order No. 6 dated 17 September 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the Parties' outstanding document-production requests, granted and denied requests as stated in the order and annexes, and directed production and privilege-log procedures.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules
  8. 17 September 2018United States

    17 September 2018United States

    Procedural Order No. 6, Annex A, dated 17 September 2018

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes
  9. 17 September 2018United States

    17 September 2018United States

    Procedural Order No. 6, Annex B, dated 17 September 2018

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    9 months and 14 days later · 287 days

  10. 1 July 2019United States

    1 July 2019United States

    Procedural Order No. 7 dated 1 July 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the hearing on the merits, including the hearing schedule, examination of witnesses and experts, submissions, transcripts, and related procedural directions.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    1 year, 11 months and 2 days later · 703 days

  11. 3 June 2021United States

    3 June 2021United States

    Award dated 3 June 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declared that it had jurisdiction and that the claims were admissible except for the claim arising from the 2019 reinitiation of the TCA damages proceeding, which it declared premature and inadmissible. It found that Costa Rica breached the fair and equitable treatment obligation through the 2011 Legislative Mining Ban and its implementation through the 2012 MINAET Resolution, determined that no damages could be awarded for that breach, ordered the Parties to share the Costs of the Proceeding equally with each bearing its own legal fees and other costs, and dismissed all remaining claims and requests for relief.

    Supporting details

    3 authorities · 5 participants
    Infinito Gold Ltd.
    Republic of Costa Rica
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Brigitte Stern

    Authorities cited

    3
    • Agreement between the Government of Canada and the Government of the Republic of Costa Rica for the Promotion and Protection of Investments (Signed 18 March 1998; entered into force 29 September 1999)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

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Infinito Gold Ltd. v. Republic of Costa Rica (ICSID Case No. ARB/14/5) · Matter