Arbitral Digest

Matter

Orla Mining Ltd. v. Republic of Panama (ICSID Case No. ARB/24/27)

Case no.
ARB/24/27
Applicable rules
ICSID Arbitration Rules in force as of July 1, 2022
  1. 20 December 2024Arbitration

    20 December 2024Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued the procedural rules governing the arbitration and attached a procedural timetable.

    Supporting details

    6 participants
    Orla Mining Ltd.
    Republic of Panama
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Yves Derains
    Tribunal secretary
    Francisco Abriani
  2. 20 December 2024Arbitration

    20 December 2024Arbitration

    Procedural Order No. 2 on Transparency and Confidentiality

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal adopted transparency and confidentiality rules. The parties agreed that ICSID would not publish their written submissions, while orders and decisions would be published subject to agreed or tribunal-ordered redactions.

    Supporting details

    2 authorities · 6 participants
    Orla Mining Ltd.
    Republic of Panama
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Yves Derains
    Tribunal secretary
    Francisco Abriani

    Authorities cited

    2
    • Canada-Panama Free Trade Agreement (Canada-Panama FTA, signed 14 May 2010, entered into force 1 April 2013)
      statute
    • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States, 18 March 1965
      statute

    10 months and 18 days later · 322 days

  3. 7 November 2025Arbitration

    7 November 2025Arbitration

    Procedural Order No. 4 on Hearing on Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the organization, schedule, and conduct of the hearing on bifurcation scheduled for 9 December 2025.

    Supporting details

    1 authority · 6 participants
    Orla Mining Ltd.
    Republic of Panama
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Yves Derains
    Tribunal secretary
    Francisco Abriani

    Authorities cited

    1
    • Canada-Panama Free Trade Agreement, signed 14 May 2010, entered into force 1 April 2013
      statute

    2 months later · 61 days

  4. 7 January 2026Arbitration

    7 January 2026Arbitration

    Procedural Order No. 5: Decision on Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Respondent's Request for Bifurcation of the proceedings and reserved costs for a later decision or award.

    Supporting details

    16 authorities · 13 participants
    Orla Mining Ltd.
    Republic of Panama
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Yves Derains
    Tribunal secretary
    Francisco Abriani
    Other
    Court Reporter
    Trevor McGowan
    Court Reporter
    Lisa Gulland
    Court Reporter
    Leandro Iezzi
    Court Reporter
    Virginia Masce
    Interpreter
    Silvia Colla

    Authorities cited

    16
    • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID Convention, 18 March 1965)
      statute
    • Canada-Panama Free Trade Agreement, signed 14 May 2010, entered into force 1 April 2013
      statute
    • Panama Law 407, 3 November 2023
      statute
    • Canada Business Corporations Act
      statute
    • Doups Holdings LLC v. Mexico (ICSID Case No. ARB/22/24, Procedural Order No. 3, 16 October 2024)
      case-law
    • Stratius Investments Limited v. Hungary (ICSID Case No. ARB/24/6, Procedural Order No. 3, 12 February 2025)
      case-law
    • Eco Oro Minerals Corp. v. Republic of Colombia (ICSID Case No. ARB/16/41, Decision on Jurisdiction, Liability and Directions on Quantum, 9 September 2021)
      case-law
    • Glencore Finance (Bermuda) Limited v. Plurinational State of Bolivia (PCA Case No. 2016-39, Procedural Order No. 2, 31 January 2018)
      case-law
    • Red Eagle Exploration v. Colombia (ICSID Case No. ARB/18/12, Decision on Bifurcation, 3 August 2020)
      case-law
    • Zaur Leshkasheli and Rosserlane Consultants Limited v. Republic of Azerbaijan (ICSID Case No. ARB/20/20, Award, 21 March 2025)
      case-law
    • Gran Colombia Gold Corp. v. Republic of Colombia (ICSID Case No. ARB/18/23, Decision on the Bifurcated Jurisdictional Issue, 23 November 2020)
      case-law
    • Lighthouse Corporation Pty Ltd and Lighthouse Corporation Ltd, IBC v. Democratic Republic of Timor-Leste (ICSID Case No. ARB/15/2, Procedural Order No. 3, 8 July 2016)
      case-law
    • Apotex Holdings Inc. and Apotex Inc. v. United States of America (ICSID Case No. ARB(AF)/12/1, Procedural Order Deciding Bifurcation and Non-Bifurcation, 25 January 2013)
      case-law
    • Waguih Elie George Siag and Clorinda Vecchi v. Arab Republic of Egypt (ICSID Case No. ARB/05/15, Award, 1 June 2009)
      case-law
    • OOO Manolium Processing v. Republic of Belarus (PCA Case No. 2018-06, Decision on Bifurcation, 1 August 2018)
      case-law
    • Churchill Mining PLC and Planet Mining Pty Ltd v. Republic of Indonesia (ICSID Case Nos. ARB/12/14 and ARB/12/40, Procedural Order No. 8, 22 April 2014)
      case-law

    5 days later · 5 days

  5. 12 January 2026Arbitration

    12 January 2026Arbitration

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Claimant's application to publish its own written pleadings filed in the disqualification proceeding on the ICSID website and reserved costs and fees for a later stage.

    Supporting details

    2 authorities · 6 participants
    Orla Mining Ltd.
    Republic of Panama
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Yves Derains
    Tribunal secretary
    Francisco Abriani

    Authorities cited

    2
    • Canada-Panama Free Trade Agreement, signed 14 May 2010, entered into force 1 April 2013
      statute
    • ICSID Rules and Regulations 2022: Article-by-Article Commentary, pp. 617-659
      academic

    5 months later · 151 days

  6. 12 June 2026Arbitration

    12 June 2026Arbitration

    Procedural Order No. 8

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recorded that its decisions on the parties' document production requests were included in Annexes A and B. It ordered that granted document exhibition did not include text messages, social media messages, or telephone notes unless specifically requested and granted, and required any privilege, confidentiality, or commercial-sensitivity invocation to be listed on a log.

    Supporting details

    6 participants
    Orla Mining Ltd.
    Republic of Panama
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Yves Derains
    Tribunal secretary
    Francisco Abriani

Matter record

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Orla Mining Ltd. v. Republic of Panama (ICSID Case No. ARB/24/27) · Matter