Colombia, Environmental protection, Investment protection, Latin America, Minimum Standard of Treatment
Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right
On February 28, 2024, the arbitral tribunal in the arbitration between Red Eagle Exploration Limited (“Red Eagle”) and Colombia (ICSID Case No. ARB/18/13) issued an award under the Canada-Colombia FTA (2008)) (“FTA”). In this post, we discuss the background to this decision as well as the tribunal’s ruling regarding the merits (minimum standard of treatment…