Title: Red Eagle Vies for Gold: the Tribunal in Red Eagle v. Colombia Finds Colombia not Liable for Treaty Breach While Diverging From the Tribunal in Eco Oro v. Colombia

Author(s): Adhiraj Lath (View Profile)

Journal: Indian Review of International Arbitration

Source: www.iriarb.com


Abstract:
The majority ICSID Tribunal in Red Eagle v. Republic of Colombia has recently dismissed all the claims brought by Canadian company, Red Eagle Exploration under the Canada-Colombia Free Trade Agreement [“FTA”] ruling that it did not find any evidence or conduct on the part of Colombia which amounted to breach under the FTA. Notably, the Tribunal ruled that the environmental exception under the FTA cannot be invoked as a jurisdictional objection but as a defense on merits only when there is a breach of a primary obligation under the FTA. This case comment attempts to provide a primer on the decision in Red Eagle. It further unpacks the award and juxtaposes it with the majority's decision in Eco Oro v. Republic of Colombia, which was based on substantially similar claims under the same FTA. The comment then goes on to critically analyse the reasoning of Eco Oro to the extent that it creates a new reasoning to establish a breach of treaty obligations, thereby resulting in fragmentation of decisions under the same FTA and international law, as an extension.


Keywords: Investment treaty arbitration, Environmental exceptions, ICSID, Minimum Standard of Treatment, Legitimate Expectations.


Cite this as: Adhiraj Lath, _Red Eagle Vies for Gold: the Tribunal in Red Eagle v. Colombia Finds Colombia not Liable for Treaty Breach While Diverging From the Tribunal in Eco Oro v. Colombia_ ” 4 IRIArb (2024).


*The views expressed are of author(s) only.

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