InfraRed Infrastructure RAM GP Limited, InfraRed Infrastructure RAM LP and InfraRed Infrastructure RAM, S.L. v. Republic of Colombia

At a glance

Parties

InfraRed Infrastructure RAM GP Limited, InfraRed Infrastructure RAM LP and InfraRed Infrastructure RAM, S.L. v. Republic of Colombia

Case no.

ICSID Case No. ARB/24/3

Forum and rules

ICSID Convention arbitration; ICSID Arbitration Rules in force from 1 July 2022; seat (place of proceeding) Washington, D.C.; language Spanish

Treaty

United Kingdom–Colombia BIT signed 17 March 2010 and Spain–Colombia BIT signed 31 March 2005

Tribunal

Alfredo Bullard González (President), Valeria Galíndez, Alexis Mourre

Outcome

Pending. The published texts are procedural orders only. The latest, of 23 July 2025, refused the claimants an extension of the time limit to challenge an arbitrator.

The dispute

Three InfraRed Infrastructure RAM entities brought an ICSID claim against Colombia under the United Kingdom–Colombia BIT and the Spain–Colombia BIT. The three published procedural orders do not describe the investment, the measures complained of, or the claims and defences. They set the procedural rules and the transparency regime, and deal with the claimants' announced challenge to the arbitrator appointed by Colombia. Summaries of the parties' memorials are listed among the case documents, but their text is not included here.

Key holdings

1. The Tribunal refused the claimants' request for a two-week extension of the time limit under Rule 22(1) to file a proposal to disqualify the arbitrator appointed by Colombia. Under Rule 11(2), that time limit can be extended only by agreement of the parties or in special circumstances. Colombia expressly refused to agree. Procedural Order No. 3, ¶¶ 4–7, 17(a)
2. There were no special circumstances. The closeness of the challenge deadline to the deadline for the Memorial was foreseeable, and it resulted partly from earlier extensions granted for the Memorial. Special circumstances under Rule 11(2) mean unforeseeable events that prevent compliance, and they justify only very short extensions. Procedural Order No. 3, ¶¶ 8–9
3. The parties had not truly agreed that a challenge would not suspend the proceeding. Colombia accepted non-suspension only until the Memorial was filed on 4 August 2025, which did not match the claimants' proposal. The Tribunal gave the parties two days to state whether they agreed. It noted that, without suspension, all three arbitrators would continue to act, but the challenge would be decided by the other two. Procedural Order No. 3, ¶¶ 10–17(b)
4. Procedural Order No. 1 set the basic rules. The 2022 ICSID Arbitration Rules apply, the place of proceeding is Washington, D.C., and Spanish is the language of the proceeding. The 2010 IBA Rules on the Taking of Evidence govern document production, which takes place in a single round using Stern Schedules after the Counter-Memorial. Procedural Order No. 1, §§ 1.1, 10.1, 11.1, 15.1, 15.5
5. Transparency regime. Neither BIT contains transparency provisions, so Article 48(5) of the ICSID Convention and Rules 62–66 apply as modified by the parties. The award and the Tribunal's orders and decisions will be published with agreed redactions. The parties' main pleadings will not be published; instead each party publishes a summary of up to 1,000 words, which the Tribunal will not consider. Hearings are closed unless the parties agree otherwise, and transcripts will not be published. Procedural Order No. 2, ¶¶ 9, 12–20

Procedural history

1. 18 March 2024ICSID transmits to the parties Valeria Galíndez's signed declaration on accepting her appointment. Alexis Mourre's follows on 2 April 2024.
2. 12 February 2025Tribunal constituted after Alfredo Bullard González accepts appointment as President.
3. 18 March 2025First session held by videoconference.
4. 26 March 2025Procedural Order No. 1 sets the procedural rules and the timetable up to the Counter-Memorial or any decision on bifurcation.
5. 4 April 2025Procedural Order No. 2 on transparency and confidentiality.
6. 15–21 July 2025The claimants ask for a two-week extension of the time limit to challenge the arbitrator appointed by Colombia. Colombia refuses.
7. 23 July 2025Procedural Order No. 3 rejects the extension and asks the parties to clarify whether a challenge would suspend the proceeding.
8. 27 August 2025Summary of the claimants' Memorial published.

Tribunal, counsel and experts

Decided by

• Alfredo Bullard González President
• Valeria Galíndez Co-arbitrator
• Alexis Mourre Co-arbitrator

For the claimant

Sidley Austin LLP

For the respondent

Agencia Nacional de Defensa Jurídica del Estado

Run a conflict check on these names →

Keywords

• United Kingdom–Colombia BIT
• Spain–Colombia BIT
• InfraRed
• Colombia
• ICSID Arbitration Rules 2022
• arbitrator challenge
• proposal for disqualification
• extension of time limits
• special circumstances
• Rule 11(2)
• Rule 22(1)
• suspension of proceedings
• transparency
• confidentiality
• pleading summaries
• IBA Rules on the Taking of Evidence
• document production
• Stern Schedule

Summary generated with AI from the published documents — refer to the award for the authoritative text.