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Procedural Posture
This document is a Decision issued by the arbitral tribunal under the International Centre for Dispute Resolution (ICDR) Rules, addressing the Respondent’s (Agencia Nacional de Infraestructura) request for clarification of the Final Partial Award on Jurisdiction, Liability, and Damages. The Respondent filed its request pursuant to Article 106 of Colombian Law 1563 of 2012 and Article 33 of the ICDR Rules, seeking clarification on four distinct aspects of the Partial Award.
Issues and Parties' Positions
The Respondent requested the Tribunal to clarify: (i) whether toll revenues were deducted from the lost profits awarded for Functional Units (UFs) 1, 2, and 3; (ii) the conclusion date of the Final Hearing; (iii) the status of previously ordered provisional measures; and (iv) the evidentiary basis for the COP 119.5 billion awarded for Supervision and Oversight Sub-account funds. The Claimants opposed the first three requests, characterizing them as improper attempts to reopen the merits, but acknowledged a computational error regarding the fourth request, noting the correct funding obligation figure should be COP 115.4 billion based on the expert evidence provided by FTI.
Tribunal's Analysis and Findings
The Tribunal dismissed the Respondent's first three requests, finding them unjustified. It affirmed that the loss of profit methodology already deducted the relevant toll amounts, confirmed that the Final Hearing remained open pending submissions on interest and costs, and reiterated that the provisional measures remain in force until the issuance of a final award resolving the entire dispute. However, the Tribunal granted the fourth request, acknowledging a numerical error in its calculation of the funding obligations.
Operative Directions
In its dispositive section, the Tribunal corrected paragraphs 482, 497, and the operative part of the Partial Award. It revised the compensation owed for the funding obligations from COP 119,500,000,000 to COP 115,400,000,000. Consequently, the Tribunal adjusted the total compensation payable by the Respondent to the Claimants to COP 1,332,305,900,000, confirming that the Partial Award remains immediately enforceable.
