Summary

Source: icsid.worldbank.org (Document, does not apply to summary and/or TDM IACL Case Report below).

---

Case Report (free download)

Case Report by Ricardo Marroquín González, Editor Ignacio Torterola

Summary

Claimants instituted proceedings against the Republic of Colombia for alleged breaches of the Agreement between the Republic of Colombia and the Swiss Confederation on the Promotion and Reciprocal Promotion of Investments dated 17 May 2006. The dispute arose from Colombia's refusal to allow Claimants to charge tariffs for the use of an access channel to a public coal port in order to recoup the costs for the construction and management of such an access channel. Claimants alleged that Respondent had breached, inter alia, the fair and equitable treatment and most-favored-nation obligations under the aforementioned agreement. The Tribunal rejected Respondent's jurisdictional objection, which argued that the claims were time-barred. On the merits, the Tribunal concluded that Respondent's measures were discriminatory and lacked a justifiable policy rationale, thereby establishing Colombia's liability.

Main issues

(1) Time-barred claims; (2) discriminatory measures as a violation of the fair and equitable treatment obligation.

Glencore International A.G., C. I. Prodeco S.A., and Sociedad Portuaria Puerto Nuevo S.A. v Republic of Colombia - ICSID Case No. ARB/19/22 - Award of the Tribunal - 19 April 2024

Case report provided by International Arbitration Case Law (IACL)

More Case Reports?

You can find all TDM IACL Case Reports here.