PCA: Sea Search-Armada (USA) v. Colombia

On 18 December 2022 agents for Sea Search-Armada LLC submitted a Claimant’s Notice of Arbitration initiating arbitration against the Republic of Colombia pursuant to the United States-Colombia Trade Promotion Agreement and Arbitration Rules of the 2021 United Nations Commission on International Trade Law arguing expropriation of its ‘investment’ concerning the Galeón San José, a shipwreck discovered on the continental shelf of Colombia. On 22 July 2023 Colombia submitted its Respondent’s Submission pursuant to Article 10.20.5 of the Trade Promotion Agreement, rejecting Sea Search-Armada has any ownership rights, or any rights whatsoever, over the Galeón San José, as well as rejecting the jurisdiction of the Arbitral Tribunal over the claims submitted. The arbitration is the latest in numerous proceedings initiated before the domestic courts of Colombia, the USA and the Inter American Commission on Human Rights concerning the San José shipwreck. On 22 August 2023 The Arbitral Tribunal in respect of Sea Search-Armada, LLC (USA) v. The Republic of Colombia issued Procedural Order No. 1 concerning rules of procedure.