Case Details

Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru (ICSID Case No. ARB/03/28)

Subject of Dispute:

Power generation project
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Duke Energy International Peru Investments No. 1 Ltd. (British)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

October 24, 2003
Date of Constitution of Tribunal:

June 3, 2004

Composition of Tribunal

President:

L. Yves FORTIER (Canadian) - Appointed by the Parties
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Pedro NIKKEN (Venezuelan) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Crowell & Moring, Washington, D.C., U.S.A.
Fullbright & Jaworski, Houston, TX, U.S.A.
Miranda & Amado, Abogados, Lima, Peru
Respondent(s):

Sidley Austin, Washington, D.C., U.S.A.
Stantistevan de Noriega & Asociados, Lima, Peru
Stephen M. Schwebel, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 18, 2008 - The Tribunal renders its award; attached to the award are two partial dissenting opinions by two of the arbitrators.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

December 24, 2008 (Respondent(s))
Date of Constitution of ad hoc Committee:

March 4, 2009

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Campbell Alan MC LACHLAN (New Zealand)
Members:

Dominique HASCHER (French)
Peter TOMKA (Slovak)

Party Representatives

Claimant(s):

Crowell & Moring, Washington, D.C., U.S.A.
Respondent(s):

Sidley Austin, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 1, 2011 - The ad hoc Committee issues its decision on the application for annulment.

No References Available.

(a) Original Proceeding

Date	Development
October 24, 2003	The Acting Secretary-General registers a request for institution of arbitration proceedings.
June 3, 2004	The Tribunal is constituted. Its members are: L. Yves Fortier (Canadian), President; Guido Tawil (Argentine); and Pedro Nikken (Venezuelan).
July 28, 2004	The Tribunal holds its first session in Washington, D.C.
October 4, 2004	The Respondent files its memorial on jurisdiction and admissibility.
December 6, 2004	The Claimant files its counter-memorial on jurisdiction and admissibility.
January 24, 2005	The Respondent files its reply on jurisdiction and admissibility.
March 9, 2005	The Claimant files its rejoinder on jurisdiction and admissibility.
March 29, 2005 - March 30, 2005	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
February 1, 2006	The Tribunal issues a decision on jurisdiction.
June 19, 2006	The Claimant files a memorial on the merits.
October 5, 2006	The Respondent files a counter-memorial on the merits.
December 26, 2006	The Claimant files a reply on the merits.
March 30, 2007	The Respondent files a rejoinder on the merits.
May 8, 2007 - May 16, 2007	The Tribunal holds a hearing on the merits in Washington, D.C.
June 29, 2007	The parties file post-hearing briefs.
July 26, 2007	The parties file submissions on costs.
August 31, 2007	The Claimant files a further submission on costs.
June 19, 2008	The Tribunal declares the proceeding closed.
August 18, 2008	The Tribunal renders its award; attached to the award are two partial dissenting opinions by two of the arbitrators.

(b) Annulment Proceeding

Date	Development
December 24, 2008	The Acting Secretary-General registers an application for the institution of annulment proceedings and notifies the parties of the provisional stay of enforcement of the award.
March 4, 2009	The ad hoc Committee is constituted. Its members are: Campbell McLachlan (New Zealand), President; Dominique Hascher (French); and Peter Tomka (Slovak).
April 17, 2009	The parties file submissions on the provisional stay of enforcement of the award.
April 27, 2009	The ad hoc Committee holds a first session at The Hague.
May 4, 2009	The ad hoc Committee decides to continue the provisional stay of enforcement of the award.
June 23, 2009	The ad hoc Committee issues a decision on the stay of enforcement of the award.
July 31, 2009	The Republic of Peru files a memorial on annulment.
November 20, 2009	Duke Energy International Peru Investments No. 1 files a counter-memorial on annulment.
January 22, 2010	The Republic of Peru files a reply on annulment.
March 20, 2010	Duke Energy International Peru Investments No. 1 files a rejoinder on annulment.
April 12, 2010 - April 13, 2010	The Tribunal holds a hearing on annulment in Washington, D.C.
December 1, 2010	The Respondent files a statement of costs. The Claimant files a submission on costs.
December 10, 2010	The Respondent files observations on the Claimant's submission on costs.
December 14, 2010	The ad hoc Committee declares the proceeding closed.
March 1, 2011	The ad hoc Committee issues its decision on the application for annulment.