A/HRC/33/42 Annex IV Other ISDS cases impacting on indigenous peoples rights In Bechtel v. Bolivia (2006), Bechtel, a US company, filed an arbitration case for $50 million in 2002 under the Bolivia-Netherlands BIT, in a context where the US had no BIT with Bolivia. The case arose when indigenous peoples’ protests at privatization of the water supply lead to nationalization. The case was eventually settled when confrontation with the police turned violent led to an international campaign put significant pressure on the parent company. In Cosigo Resources Ltd and Tobie Mining & Energy Inc v. Colombia Canadian and United States mining companies issued a notice of intent to take a $16.5 billion arbitration case against Colombia under the US-Colombia FTA. They hold that Colombia delayed signing its mining concession until a national park covering the area was established, and that there was inadequate consultation with indigenous peoples in relation to the park’s creation. In September 2015, the Colombian Constitutional Court upheld the creation of the park. The companies acknowledge that the proposed mining activities face strong opposition from among the impacted indigenous peoples, but point to an agreement with one indigenous association as evidence of sufficient support to proceed. 34