Arbitral Digest

Matter

Red Eagle Exploration Limited v. Republic of Colombia (ICSID Case No. ARB/18/12)

Case no.
ARB/18/12
Seat
United States
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 12 December 2019United States

    12 December 2019United States

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules and timetable governing the arbitration.

    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 (ICSID Convention)
      convention
    • Canada-Colombia Free Trade Agreement
      treaty

    5 months and 21 days later · 173 days

  2. 2 June 2020United States

    2 June 2020United States

    Procedural Order No. 1 - Amended

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued an amended Procedural Order No. 1 reflecting the amended procedural arrangements.

    Supporting details

    5 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      convention
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • ICSID Administrative and Financial Regulations (2006) (as amended and effective 10 April 2006)
      statute
    • Canada-Colombia Free Trade Agreement
      treaty
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    2 months and 1 day later · 62 days

  3. 3 August 2020United States

    3 August 2020United States

    Decision on Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Request for Bifurcation, declared Scenario 3 of the amended procedural calendar effective, and reserved its position on costs.

    Supporting details

    2 authorities · 2 participants
    Red Eagle Exploration Limited
    Republic of Colombia
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Canada-Colombia Free Trade Agreement
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention

    3 months and 9 days later · 101 days

  4. 12 November 2020United States

    12 November 2020United States

    Procedural Order No. 1 - Amended Annex B (12 November 2020)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal amended Annex B to Procedural Order No. 1.

    Supporting details

    International Centre for Settlement of Investment Disputes

    18 days later · 18 days

  5. 30 November 2020United States

    30 November 2020United States

    Procedural Order No. 1 - Amended Annex B (30 November 2020)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal amended Annex B to Procedural Order No. 1.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 19 days later · 49 days

  6. 18 January 2021United States

    18 January 2021United States

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' requests for production of documents in the attached Redfern Schedules and ordered production of the documents specified in the Order by 1 February 2021, subject to applicable privilege principles.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention

    17 days later · 17 days

  7. 4 February 2021United States

    4 February 2021United States

    Procedural Order No. 1 - Amended Annex B (4 February 2021)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal amended Annex B to Procedural Order No. 1.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 24 days later · 83 days

  8. 28 April 2021United States

    28 April 2021United States

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's request to strike documents from the record.

    Supporting details

    2 participants
    Red Eagle Exploration Limited
    Republic of Colombia
    International Centre for Settlement of Investment Disputes

    9 months and 19 days later · 294 days

  9. 16 February 2022United States

    16 February 2022United States

    Procedural Order No. 1 - Amended Annex B (16 February 2022)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal amended Annex B to Procedural Order No. 1.

    Supporting details

    International Centre for Settlement of Investment Disputes

    11 months and 14 days later · 348 days

  10. 30 January 2023United States

    30 January 2023United States

    Procedural Order No. 4 on the Organization of the Hearing

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal determined the organization of the hearing, including an in-person hearing in Washington, DC from 27 February to 3 March 2023.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • Canada-Colombia Free Trade Agreement
      treaty

    1 year and 24 days later · 389 days

  11. 23 February 2024United States

    23 February 2024United States

    Declaration of Arbitrator Philippe Sands

    International Centre for Settlement of Investment Disputes

    Supporting details

    1 participant
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Philippe Sands
  12. 23 February 2024United States

    23 February 2024United States

    Dissenting Opinion of Arbitrator Jose A. Martinez de Hoz

    International Centre for Settlement of Investment Disputes

    Supporting details

    1 participant
    International Centre for Settlement of Investment Disputes

    5 days later · 5 days

  13. 28 February 2024United States

    28 February 2024United States

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed all objections to its jurisdiction, rejected all claims presented by the Claimant by majority, and ordered the Respondent to pay the Claimant USD 461,118.95 towards the costs of the arbitration. Each party was to bear its own attorney's fees and expenses.

    Supporting details

    6 authorities · 6 participants
    Red Eagle Exploration Limited
    Republic of Colombia
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Philippe Sands
    Tribunal secretary
    Catherine Kettlewell

    Authorities cited

    6
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • Canada-Colombia Free Trade Agreement
      treaty
    • Colombian Law 1382 of 2010
      statute
    • Colombian Law 1753 of 2015
      statute
    • Constitutional Court Judgment C-035/16 (C-035/16)
      case-law
    • Constitutional Court Judgment T-361 of 2017 (T-361 of 2017)
      case-law

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Red Eagle Exploration Limited v. Republic of Colombia (ICSID Case No. ARB/18/12) · Matter