Procedural Framework and Calendar

This Procedural Order No. 1, issued by the arbitral tribunal constituted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), establishes the comprehensive procedural framework governing the arbitration between Continental Gold Inc. and the Republic of Colombia. The order was issued following the tribunal's first session, held by video conference on 5 March 2025, and reflects consideration of the parties' submissions on draft procedural orders.

The order sets forth the rules applicable to the proceedings, confirming the application of the ICSID Arbitration Rules (2022), as modified by the Canada-Colombia Free Trade Agreement. It addresses key procedural matters including the constitution of the tribunal, representation of the parties, the appointment of a tribunal assistant, and the apportionment of costs. The procedural languages are established as English and Spanish. The order details the specific requirements for the filing and submission of pleadings, witness statements, expert reports, and other documents, including protocols for document production to be guided by the 2020 IBA Rules on the Taking of Evidence. It also outlines the procedures for hearings, submissions by non-disputing parties, and data privacy.

Operative Directions

A key operative component of the order is the adoption of a detailed Procedural Calendar, attached as Annex B, which sets out the deadlines for all major phases of the arbitration, including written submissions, document production, and the oral hearing phase. The calendar provides for three potential scenarios contingent upon whether a request for bifurcation is made and, if so, whether it is granted by the tribunal. The place of the proceeding is designated as Washington, D.C.