ICSID - International Centre for Settlement of Investment Disputes

10/31/2024 | Press release | Distributed by Public on 10/31/2024 11:24

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

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

  • Subject of Dispute:
    Real estate project
  • Economic Sector:
    Construction
  • Instrument(s) Invoked: (i)
    TPA United States - Colombia 2012
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    Angel Samuel Seda (U.S.), JTE International Investments, LLC (U.S.), Jonathan Michael Foley (U.S.), The Boston Enterprises Trust (U.S.), Brian Hass (U.S.), Stephen John Bobeck (U.S.), Monte Glenn Adcock (U.S.), Justin Timothy Enbody (U.S.), Justin Tate Caruso (U.S.)
  • Respondent(s):
    Republic of Colombia (Colombian)
  • Date Registered:
    March 25, 2019
  • Date of Constitution of Tribunal:
    February 25, 2020
  • Party Representatives

  • Claimant(s):
    Gibson, Dunn & Crutcher, New York, NY, Washington, D.C. and Irvine, CA, U.S.A
  • Respondent(s):
    Agencia Nacional de Defensa Jurídica del Estado and Dirección de Inversión Extranjera y Servicios, Ministerio de Comercio, Industria y Turismo, Bogota, Colombia
    Gaillard Banifatemi Shelbaya Disputes, Paris, France and London, U.K.
  • Language(s) of Proceeding:
    English,Spanish
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    June 27, 2024 - The Tribunal renders its award.

(b) Annulment Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Claimant(s)
  • Date Registered:
    October 31, 2024
  • Party Representatives

  • Claimant(s):
    Gibson, Dunn & Crutcher, New York, NY and Washington, D.C., U.S.A
  • Respondent(s):
    Agencia Nacional de Defensa Jurídica del Estado, Bogotá, Colombia
  • Status of Proceeding:
    Pending
  • Latest Development:
    October 31, 2024 - The Secretary-General registers an application for annulment of the award filed by Angel Samuel Seda, JTE International Investments, LLC, Jonathan Michael Foley, Stephen John Bobeck, Brian Hass, Monte Glenn Adcock, Justin Timothy Enbody, Justin Tate Caruso and The Boston Enterprises Trust.

(a) Original Proceeding

Published Decisions

Notice of Intent

Request for Arbitration

Procedural Order No. 1

Claimants' Memorial on the Merits and Damages

Procedural Order No. 1 - Revised Annex A

Procedural Order No. 1 - Revised Annex A

Procedural Order No. 1 - Revised Annex A

Respondent's Counter-Memorial on Jurisdiction and Merits

Procedural Order No. 1 - Revised Annex A

Procedural Order No. 2

U.S. Submission Pursuant to Article 10.20.2 of the U.S.-Colombia TPA

Procedural Order No. 1 - Revised Annex A

Procedural Order No. 3

Procedural Order No. 4 and dissenting opinion by arbitrator Hugo Perezcano Díaz

Procedural Order No. 5

Procedural Order No. 6

Claimants' Reply on Jurisdiction and Merits

Procedural Order No. 7

Respondent's Rejoinder on Jurisdiction and Merits

Procedural Order No. 9

Claimants' Preliminary Response to Respondent's New Essential Security Defense

Procedural Order No. 10

Day 1 Hearing Transcript

Day 2 Hearing Transcript

Day 3 Hearing Transcript

Day 4 Hearing Transcript

Day 5 Hearing Transcript

Day 6 Hearing Transcript

Procedural Order No. 11

Claimants' Post Hearing Brief

Procedural Order No. 12

Respondent's Post Hearing Brief

Claimants' Rebuttal on Essential Security

Procedural Order No. 13

Claimants' Second Post-Hearing Brief

Respondent's Second Post-Hearing Brief

Procedural Order No. 14

Hearing on Jurisdiction and the Merits - Day 1 - Video 1 (May 2, 2022)

Hearing on Jurisdiction and the Merits - Day 1 - Video 2 (May 2, 2022)

Hearing on Jurisdiction and the Merits - Day 2 - Video 1 (May 3, 2022)

Hearing on Jurisdiction and the Merits - Day 2 - Video 2 (May 3, 2022)

Hearing on Jurisdiction and the Merits - Day 3 - Video 1 (May 4, 2022)

Hearing on Jurisdiction and the Merits - Day 3 - Video 2 (May 4, 2022)

Hearing on Jurisdiction and the Merits - Day 4 - Video 1 (May 5, 2022)

Hearing on Jurisdiction and the Merits - Day 4 - Video 2 (May 5, 2022)

Hearing on Jurisdiction and the Merits - Day 5 - Video 1 (May 6, 2022)

Hearing on Jurisdiction and the Merits - Day 5 - Video 2 (May 6, 2022)

Hearing on Jurisdiction and the Merits - Day 6 (May 7, 2022)

Day 1 Hearing Transcript

Day 2 Hearing Transcript

Hearing Transcript

Continuation Hearing on Jurisdiction and Merits - Day 1 - Video 1 (October 3, 2022)

Continuation Hearing on Jurisdiction and Merits - Day 1 - Video 2 (October 3, 2022)

Continuation Hearing on Jurisdiction and Merits - Day 1 - Video 3 (October 3, 2022)

Continuation Hearing on Jurisdiction and Merits - Day 1 - Video 4 (October 3, 2022)

Continuation Hearing on Jurisdiction and Merits - Day 2 - Video 1 (October 4, 2022)

Continuation Hearing on Jurisdiction and Merits - Day 2 - Video 2 (October 4, 2022)

Continuation Hearing on Jurisdiction and Merits - Day 2 - Video 3 (October 4, 2022)

Continuation Hearing on Jurisdiction and Merits (April 26, 2023)

Procedural Order No. 15

Award

Available on the ICSID Website

Notice of Intent (August 17, 2018)English (Original)

Request for Arbitration (January 25, 2019)English (Original)

Procedural Order No. 1 (April 7, 2020)English (Original); Spanish (Original)

Claimants' Memorial on the Merits and Damages (June 15, 2020)English (Original)

Procedural Order No. 1 - Revised Annex A (July 15, 2020)English (Original); Spanish (Original)

Procedural Order No. 1 - Revised Annex A (October 19, 2020)English (Original); Spanish (Original)

Procedural Order No. 1 - Revised Annex A (November 2, 2020)English (Original); Spanish (Original)

Respondent's Counter-Memorial on Jurisdiction and Merits (November 16, 2020)English (Original)

Procedural Order No. 1 - Revised Annex A (December 14, 2020)English (Original); Spanish (Original)

Procedural Order No. 2 (February 18, 2021)English (Original); Spanish (Original)

U.S. Submission Pursuant to Article 10.20.2 of the U.S.-Colombia TPA (February 26, 2021)English (Original)

Procedural Order No. 1 - Revised Annex A (March 16, 2021)English (Original); Spanish (Original)

Procedural Order No. 3 (May 26, 2021)English (Original); Spanish (Original)

Procedural Order No. 4 and dissenting opinion by arbitrator Hugo Perezcano Díaz (August 13, 2021)English (Original); Spanish (Original)

Procedural Order No. 5 (September 14, 2021)English (Original); Spanish (Original)

Procedural Order No. 6 (September 14, 2021)English (Original); Spanish (Original)

Claimants' Reply on Jurisdiction and Merits (September 19, 2021)English (Original)

Procedural Order No. 7 (December 1, 2021)English (Original); Spanish (Original)

Respondent's Rejoinder on Jurisdiction and Merits (February 17, 2022)English (Original)

Procedural Order No. 9 (March 28, 2022)English (Original); Spanish (Original)

Claimants' Preliminary Response to Respondent's New Essential Security Defense (April 18, 2022)English (Original)

Procedural Order No. 10 (April 26, 2022)English (Original); Spanish (Original)

Day 1 Hearing Transcript (May 2, 2022)English (Original)

Day 2 Hearing Transcript (May 3, 2022)English (Original)

Day 3 Hearing Transcript (May 4, 2022)English (Original)

Day 4 Hearing Transcript (May 5, 2022)English (Original)

Day 5 Hearing Transcript (May 6, 2022)English (Original)

Day 6 Hearing Transcript (May 7, 2022)English (Original)

Procedural Order No. 11 (July 15, 2022)English (Original); Spanish (Original)

Claimants' Post Hearing Brief (July 21, 2022)English (Original)

Procedural Order No. 12 (September 12, 2022)English (Original); Spanish (Original)

Respondent's Post Hearing Brief (August 25, 2022)English (Original)

Claimants' Rebuttal on Essential Security (September 13, 2022)English (Original)

Procedural Order No. 13 (January 19, 2023)English (Original); Spanish (Original)

Claimants' Second Post-Hearing Brief (December 21, 2022)English (Original)

Respondent's Second Post-Hearing Brief (December 21, 2022)English (Original)

Procedural Order No. 14 (April 12, 2023)English (Original); Spanish (Original)

Day 1 Hearing Transcript (October 3, 2022)English (Original)

Day 2 Hearing Transcript (October 4, 2022)English (Original)

Hearing Transcript (April 26, 2023)English (Original)

Procedural Order No. 15 (November 9, 2023)English (Original); Spanish (Original)

Award (June 27, 2024)English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
March 25, 2019

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

May 3, 2019

Following appointment by the Claimants, Lucinda Low (U.S.) accepts her appointment as arbitrator.

June 15, 2019

The Claimants replace Lucinda Low as arbitrator pursuant to ICSID Arbitration Rule 7.

June 24, 2019

Following appointment by the Claimants, Charles Poncet (Swiss) accepts his appointment as arbitrator.

June 27, 2019

Following appointment by the Respondent, Hugo Perezcano Díaz (Mexican) accepts his appointment as arbitrator.

February 25, 2020

Following appointment by agreement of the parties, Klaus Sachs (German) accepts his appointment as presiding arbitrator.

February 25, 2020

The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Klaus Sachs (German), President, appointed by agreement of the parties; Charles Poncet (Swiss), appointed by the Claimants; and Hugo Perezcano Díaz (Mexican), appointed by the Respondent.

April 2, 2020

The Tribunal holds a first session by telephone conference.

April 7, 2020

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

June 16, 2020

The Claimants file a memorial on the merits.

November 17, 2020

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

January 15, 2021

Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.

February 18, 2021

The Tribunal issues Procedural Order No. 2 concerning production of documents.

February 26, 2021

The United States of America files a written submission as a non-disputing State Party pursuant to US-Colombia TPA Article 10.20.2.

May 26, 2021

The Tribunal issues Procedural Order No. 3 concerning procedural matters.

August 13, 2021

The Tribunal issues Procedural Order No. 4 concerning production of documents; attached to the Procedural Order is a dissenting opinion by arbitrator Hugo Perezcano Díaz.

September 3, 2021

The Respondent files a request for reconsideration of Procedural Order No. 4 dated August 13, 2021.

September 9, 2021

The Claimants file observations on the Respondent's request for reconsideration of September 3, 2021.

September 14, 2021

The Tribunal issues Procedural Order No. 5 concerning procedural matters.

September 14, 2021

The Tribunal issues Procedural Order No. 6 concerning the Respondent's request of September 3, 2021.

September 19, 2021

The Claimants file a reply on jurisdiction and merits.

October 15, 2021

A non-disputing party files a written submission pursuant to US-Colombia TPA Article 10.20.

November 1, 2021

Each party files observations on the non-disputing party's written submission.

December 1, 2021

The Tribunal issues Procedural Order No. 7 concerning the non-disputing party's written submission pursuant to US-Colombia TPA Article 10.20.

February 17, 2022

The Respondent files a rejoinder on jurisdiction and merits.

March 23, 2022

The Tribunal issues Procedural Order No. 8 concerning procedural matters.

March 28, 2022

The Tribunal issues Procedural Order No. 9 concerning procedural matters.

April 12, 2022

The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.

April 18, 2022

The Claimants file a preliminary response to the Respondent's new essential security defense.

April 26, 2022

The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing.

May 2, 2022 - May 7, 2022

The Tribunal holds a hearing on jurisdiction and the merits in person in Washington, D.C. and by video conference.

June 2, 2022

The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.

June 3, 2022

The Claimants file observations on the Respondent's request of June 2, 2022 and a request for the Tribunal to decide on the admissibility of new evidence.

June 10, 2022

The Respondent files observations on the Claimants' request of June 3, 2022.

July 15, 2022

The Tribunal issues Procedural Order No. 11 concerning the admissibility of new evidence.

July 22, 2022

The Claimants file a post-hearing brief and a submission on new evidence.

August 26, 2022

The Respondent files a post-hearing brief and reply on new evidence.

September 12, 2022

The Tribunal issues Procedural Order No. 12 concerning the organization of the hearing.

September 12, 2022

The President holds a pre-hearing organizational meeting with the parties by video conference.

October 3, 2022 - October 4, 2022

The Tribunal holds the continuation of the hearing on jurisdiction and the merits in person in Paris, France, and by video conference.

December 22, 2022

Each party files further post-hearing briefs.

December 27, 2022

The Claimants file a request for the exclusion of evidence.

January 4, 2023

The Respondent files observations on the Claimants' request of December 27, 2022.

January 19, 2023

The Tribunal issues Procedural Order No. 13 concerning the exclusion of evidence and procedural matters.

April 12, 2023

The Tribunal issues Procedural Order No. 14 concerning the organization of the hearing.

April 26, 2023

The Tribunal holds a hearing on jurisdiction and the merits by video conference.

July 26, 2023

Each party files a submission on costs.

August 9, 2023

Each party files observations on the other party's submission on costs.

October 25, 2023

The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.

November 1, 2023

The Respondent files observations on the Claimants' request of October 25, 2023.

November 8, 2023

The Claimants file a reply on the Respondent's observations of November 1, 2023.

November 10, 2023

The Respondent files observations on the Claimants' reply of November 8, 2023.

November 28, 2023

The Tribunal issues Procedural Order No. 15 concerning the admissibility of new evidence.

March 8, 2024

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

March 19, 2024

The Claimants file a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2).

March 26, 2024

The Respondent files observations on the request to reopen the proceeding.

March 30, 2024

The Tribunal decides on the Claimants' request to reopen the proceeding.

June 4, 2024

The Claimants file a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2).

June 5, 2024

The Respondent files observations on the request to reopen the proceeding.

June 7, 2024

The Tribunal decides on the Claimants' request to reopen the proceeding.

June 27, 2024

The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
October 31, 2024

The Secretary-General registers an application for annulment of the award filed by Angel Samuel Seda, JTE International Investments, LLC, Jonathan Michael Foley, Stephen John Bobeck, Brian Hass, Monte Glenn Adcock, Justin Timothy Enbody, Justin Tate Caruso and The Boston Enterprises Trust.