Arbitral Digest

Matter

Angel Samuel Seda and others v. Republic of Colombia (ICSID Case No. ARB/19/6)

Case no.
ARB/19/6
Seat
United States
Applicable rules
ICSID Arbitration Rules
  1. 7 April 2020United States

    7 April 2020United States

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal adopted directions for the conduct of the arbitration, including procedural rules, submissions, document production, hearings, and confidentiality.

    Supporting details

    International Centre for Settlement of Investment Disputes

    10 months and 11 days later · 317 days

  2. 18 February 2021United States

    18 February 2021United States

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the Parties to produce documents and confirmations identified in the Redfern Schedules, to provide logs and production indexes where applicable, and denied all other document production requests without prejudice to later review.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration
      rules

    3 months and 8 days later · 97 days

  3. 26 May 2021United States

    26 May 2021United States

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal vacated the October 2021 hearing dates, rescheduled the evidentiary hearing for 2–6 May 2022 with 7 May held in reserve, and amended the procedural deadlines.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 18 days later · 79 days

  4. 13 August 2021United States

    13 August 2021United States

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    By majority, the Tribunal directed the Parties to seek agreement on confidentiality terms, ordered Respondent to produce documents under the Exemption Log and conduct additional searches, and denied all other document production requests without prejudice to later review.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 1 day later · 32 days

  5. 14 September 2021United States

    14 September 2021United States

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued a confidentiality order governing confidential information, disclosure, undertakings, and continuing confidentiality obligations.

    Supporting details

    International Centre for Settlement of Investment Disputes
  6. 14 September 2021United States

    14 September 2021United States

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    By majority, the Tribunal denied Respondent’s Request for Reconsideration and reserved costs until the Final Award.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 17 days later · 78 days

  7. 1 December 2021United States

    1 December 2021United States

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal did not admit Mr. Mosquera’s submission and accompanying evidence, directed that he be informed of the decision, and struck Sections 3 to 5 of the Claimants’ comments from the record.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 27 days later · 117 days

  8. 28 March 2022United States

    28 March 2022United States

    Procedural Order No. 9

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the requests for declarations and to strike the New Essential Security Defence, admitted specified paragraphs of Respondent’s corrected Rejoinder, granted Claimants leave to address the defence in an additional submission, and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    29 days later · 29 days

  9. 26 April 2022United States

    26 April 2022United States

    Procedural Order No. 10

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions and annexes governing the organization, participants, and remote arrangements for the hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 19 days later · 80 days

  10. 15 July 2022United States

    15 July 2022United States

    Procedural Order No. 11

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied Respondent’s requests for disclosure of financing information, granted both Parties’ requests to admit specified new documents, and set the timetable for post-hearing submissions and the October 2022 hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 28 days later · 59 days

  11. 12 September 2022United States

    12 September 2022United States

    Procedural Order No. 12

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions and annexes governing the organization and remote arrangements for the second hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 7 days later · 129 days

  12. 19 January 2023United States

    19 January 2023United States

    Procedural Order No. 13

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal excluded Respondent’s Cover Letter and Exhibit R-319 from the record, provided for a one-day virtual hearing on the Post-Closing Submissions, and denied all other requests.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 24 days later · 83 days

  13. 12 April 2023United States

    12 April 2023United States

    Procedural Order No. 14

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions and annexes governing the organization and remote arrangements for the third hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 28 days later · 211 days

  14. 9 November 2023United States

    9 November 2023United States

    Procedural Order No. 15

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted Claimants’ request to introduce Decision No. T-369 of 2023 and granted Respondent’s requests to introduce four identified Colombian decisions, subject to exhibit numbering and written comments; all other requests were denied.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 months and 18 days later · 231 days

  15. 27 June 2024United States

    27 June 2024United States

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that Respondent invoked the essential security interest exception under Article 22.2(b) of the United States-Colombia Trade Promotion Agreement in accordance with the Treaty and that the exception applies. It dismissed the Claimants’ claims and all other claims and requests, ordered the Parties to bear the costs of the arbitration in equal shares, and ordered each Party to bear its own legal expenses and other costs.

    Supporting details

    2 authorities · 37 participants
    Angel Samuel Seda
    Representative
    Rahim Moloo (For: Angel Samuel Seda)
    Representative
    Anne Champion (For: Angel Samuel Seda)
    Representative
    Marryum Kahloon (For: Angel Samuel Seda)
    Representative
    Nika Madyoon (For: Angel Samuel Seda)
    Representative
    Ben Harris (For: Angel Samuel Seda)
    Representative
    Ankita Ritwik (For: Angel Samuel Seda)
    Representative
    Pedro Soto (For: Angel Samuel Seda)
    Representative
    Gibson, Dunn & Crutcher LLP (For: Angel Samuel Seda)
    JTE International Investments, LLC
    Jonathan Michael Foley
    Stephen John Bobeck
    Brian Hass
    Monte Glenn Adcock
    Justin Timothy Enbody
    Justin Tate Caruso
    The Boston Enterprises Trust
    The Republic of Colombia
    Representative
    Jhon Camargo (For: The Republic of Colombia)
    Representative
    Giovanny Vega Barbosa (For: The Republic of Colombia)
    Representative
    Mariana Reyes (For: The Republic of Colombia)
    Representative
    Agencia Nacional de Defensa Juridica del Estado (For: The Republic of Colombia)
    Representative
    Alvaro Rodriguez Rodriguez (For: The Republic of Colombia)
    Representative
    Direccion de Inversion Extranjera y Servicios (For: The Republic of Colombia)
    Representative
    Ministerio de Comercio, Industria y Turismo (For: The Republic of Colombia)
    Representative
    Yas Banifatemi (For: The Republic of Colombia)
    Representative
    Ximena Herrera-Bernal (For: The Republic of Colombia)
    Representative
    Yael Ribco-Borman (For: The Republic of Colombia)
    Representative
    Pilar Alvarez (For: The Republic of Colombia)
    Representative
    Carolina Barros (For: The Republic of Colombia)
    Representative
    Youssef Daoud (For: The Republic of Colombia)
    Representative
    Gaillard Banifatemi Shelbaya Disputes (For: The Republic of Colombia)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Klaus Sachs
    Arbitrator
    Charles Poncet
    Tribunal secretary
    Marcus Weiler
    Tribunal secretary
    Sara Marzal Yetano

    Authorities cited

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

Matter record

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Angel Samuel Seda and others v. Republic of Colombia (ICSID Case No. ARB/19/6) · Matter