ICSID - International Centre for Settlement of Investment Disputes

08/26/2024 | Press release | Archived content

Summary of Claimant's Position

Glencore International A.G. v. Republic of Colombia (ICSID Case No. ARB/21/30)

  • Subject of Dispute:
    Mining concession
  • Economic Sector:
    Oil, Gas & Mining
  • Instrument(s) Invoked: (i)
    BIT Colombia - Switzerland 2006
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    Glencore International A.G. (Swiss)
  • Respondent(s):
    Republic of Colombia (Colombian)
  • Date Registered:
    May 28, 2021
  • Date of Constitution of Tribunal:
    August 28, 2023

  • Composition of Tribunal

  • President:
    Sabina SACCO (Chilean, Italian, Salvadoran) - Appointed by the Parties
  • Arbitrators:
    Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
    Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Respondent(s)

  • Party Representatives

  • Claimant(s):
    Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
    Holland & Knight Colombia, Bogota, Colombia
  • Respondent(s):
    Agencia Nacional de Defensa Jurídica del Estado, Bogota, Colombia
    Arnold & Porter Kaye Scholer, Washington D.C., U.S.A. and London, U.K.
  • Language(s) of Proceeding:
    English,Spanish
  • Status of Proceeding:
    Pending
  • Latest Development:
    July 11, 2024 - A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Republic of Colombia's Summary of its Rebuttal to Claimant's Claims

Summary of Claimant's Position

Available on the ICSID Website

Procedural Order No. 1 (December 20, 2023)English (Original)

Procedural Order No. 2 (January 26, 2024)English (Original)

Republic of Colombia's Summary of its Rebuttal to Claimant's Claims (August 15, 2024)English (Original)

Summary of Claimant's Position (August 15, 2024)English (Original)

(a) Original Proceeding

Date Development
May 28, 2021

The Secretary-General registers a request for the institution of arbitration proceedings.

September 20, 2021

Following appointment by the Claimant, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.

February 24, 2022

Following appointment by the Respondent, Donald M. McRae (Canadian/New Zealand) accepts his appointment as arbitrator.

August 25, 2023

Following appointment by agreement of the parties, Sabina Sacco (Italian/Chilean/Salvadoran) accepts her appointment as presiding arbitrator.

August 28, 2023

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Sabina Sacco (Italian/Chilean/Salvadoran), President, appointed by agreement of the parties; Bernard Hanotiau (Belgian), appointed by the Claimant; and Donald M. McRae (Canadian/New Zealander), appointed by the Respondent.

October 24, 2023

The Tribunal holds a first session by video conference.

December 20, 2023

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

March 2, 2024

The Claimant files a memorial on the merits.

June 20, 2024

The Respondent files a request for the Tribunal to decide on production of documents.

June 26, 2024

The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents.

June 28, 2024

The Respondent files observations on the Claimant's observation regarding the Respondent's request for the Tribunal to decide on production of documents.

July 11, 2024

The Respondent files objections to jurisdiction and a counter-memorial on the merits.

July 11, 2024

A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).