Arbitral Digest

Matter

South32 SA Investments Limited v. Republic of Colombia (ICSID Case No. ARB/20/9)

Case no.
ARB/20/9
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 29 December 2020Arbitration

    29 December 2020Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

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

    Supporting details

    International Centre for Settlement of Investment Disputes

    10 months and 12 days later · 316 days

  2. 10 November 2021Arbitration

    10 November 2021Arbitration

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the Parties' document production requests, granting, partially accepting, or rejecting requests as stated in the Order.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months later · 61 days

  3. 10 January 2022Arbitration

    10 January 2022Arbitration

    Procedural Order No. 3 (Procedural Calendar)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Parties' agreed request for additional time and confirmed the adjusted procedural calendar without affecting the hearing date.

    Supporting details

    7 participants
    South32 SA Investments Limited
    Republic of Colombia
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Deva Villanúa
    Arbitrator
    Guido S. Tawil
    Tribunal secretary
    Catherine Kettlewell
    Tribunal secretary
    Francisca Seara Cardoso

    1 year, 1 month and 5 days later · 401 days

  4. 15 February 2023Arbitration

    15 February 2023Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the organization, sequence, timing, and conduct of the hearing on jurisdiction, merits, and quantum.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 4 months and 6 days later · 492 days

  5. 21 June 2024Arbitration

    21 June 2024Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously declared jurisdiction and found that Colombia breached Article II.3 of the BIT. By majority it ordered indemnity for specified future payments and awarded Arbitration Costs, while unanimously ordering Colombia to pay USD 4,519,417. It ordered interest on the specified amounts, made the payments net of applicable taxes, and rejected all other claims.

    Supporting details

    2 participants
    South32 SA Investments Limited
    Republic of Colombia
    International Centre for Settlement of Investment Disputes

    7 months and 8 days later · 222 days

  6. 29 January 2025Arbitration

    29 January 2025Arbitration

    Decision on Request for Rectification

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rectified specified wording in paragraphs 739, 822, 883, and 887 of the Award, replacing a reference to a percentage with an amount and making related corrections. It ordered each Party to bear its own Legal Costs and half of the Administrative Costs, and rejected all other claims.

    Supporting details

    2 participants
    South32 SA Investments Limited
    Republic of Colombia
    International Centre for Settlement of Investment Disputes

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South32 SA Investments Limited v. Republic of Colombia (ICSID Case No. ARB/20/9) · Matter