Case Details
Tza Yap Shum v. Republic of Peru (ICSID Case No. ARB/07/6)
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Fish flour production enterprise
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Other Industry
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BIT Peru - China 1994
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ICSID Convention - Arbitration Rules
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Tza Yap Shum (Chinese)
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Republic of Peru (Peruvian)
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February 12, 2007
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October 1, 2007
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Judd L. KESSLER (U.S.) - Appointed by the Chairman of the Administrative Council
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Hernando OTERO (Colombian) - Appointed by the Claimant(s)
Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Respondent(s) -
Estudio Paitán & Abogados, Lima, Peru
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Allen & Overy, New York, NY, U.S.A.
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Spanish
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Concluded
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July 7, 2011 - The Tribunal renders its award.
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Respondent(s)
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November 9, 2011 (Respondent(s))
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January 11, 2012
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Dominique HASCHER (French)
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Dominique HASCHER (French)
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December 11, 2012: Michael C. PRYLES (Australian) appointed following the resignation of David A.R. WILLIAMS (New Zealand)
June 10, 2013: Kaj HOBÉR (Swedish) appointed following the resignation of Michael C. PRYLES (Australian) -
Estudio Paitán & Abogados, Lima, Peru
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Sidley Austin, Washington D.C., U.S.A.
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English,Spanish
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Concluded
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February 12, 2015 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Initial Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Award - Spanish (Original) (July 7, 2011)
(b) Annulment Proceeding
Published Decisions
Decision on Annulment - English (Original) Spanish (Original) (February 12, 2015)
(a) Original Proceeding
Date | Development |
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February 12, 2007 | The Secretary-General registers a request for the institution of arbitration proceedings. |
October 1, 2007 | The Tribunal is constituted. Its members are: Judd Kessler (U.S.), President; Juan Fernández-Armesto (Spanish); and Hernando Otero (Colombian). |
November 26, 2007 | The Tribunal holds a first session in Washington, D.C. |
November 28, 2007 - December 6, 2007 | The parties file observations on the production of documents. |
December 17, 2007 | The Tribunal issues a procedural order on the production of documents. |
February 14, 2008 - February 22, 2008 | The parties file further observations on the production of documents. |
February 25, 2008 | The Tribunal issues a further procedural order concerning the production of documents. |
March 24, 2008 | The parties file further requests for production of documents. |
March 28, 2008 | The Respondent files a memorial on jurisdiction. |
May 12, 2008 | The Tribunal issues a procedural order concerning the production of documents. |
July 25, 2008 | The Claimant files a counter-memorial on jurisdiction. |
October 15, 2008 - October 16, 2008 | The Tribunal holds a hearing on jurisdiction in Washington, D.C. |
November 18, 2008 | The parties file post hearing-briefs. |
June 19, 2009 | The Tribunal issues a decision on jurisdiction. |
June 26, 2009 | The Respondent files a request for correction of the decision on jurisdiction. |
July 6, 2009 | The Claimant files observations on the Respondent’s request for correction of the decision on jurisdiction. |
July 17, 2009 | The Tribunal issues a decision on the request for correction of the decision on jurisdiction. |
July 21, 2009 | The Tribunal issues a procedural order concerning the procedural calendar. |
September 21, 2009 | The Claimant files a request for production of documents. |
September 22, 2009 | The Respondent files observations on the Claimant's request for production of documents. |
September 24, 2009 | The Tribunal issues a decision on production of documents. |
November 30, 2009 | The Claimant files a memorial on the merits. |
February 5, 2010 | The Respondent files a request for production of documents. |
February 9, 2010 | The Claimant files observation on the Respondent's request for production of documents. |
February 15, 2010 | The Respondent files a response to the Claimant’s observations on the request for production of documents. |
February 16, 2010 | The Claimant files a response to the Respondent’s response of February 15, 2010. |
March 5, 2010 | The Tribunal issues a procedural order concerning production of documents. |
March 8, 2010 | The Respondent files observations on the Tribunal's procedural order of March 5, 2010. |
March 10, 2010 | The Claimant files a response to the Respondent's observations of March 8, 2010. |
March 11, 2010 | The Tribunal decides on production of documents. |
March 16, 2010 | The Tribunal decides on production of documents and the procedural calendar. |
April 12, 2010 | The Respondent files a counter-memorial on the merits. |
April 30, 2010 | The Tribunal issues a procedural order concerning witnesses and experts statements. |
May 3, 2010 | The Tribunal holds a pre-hearing conference with the parties by telephone. |
May 31, 2010 - June 4, 2010 | The Tribunal holds a hearing on the merits in Washington, D.C. |
July 2, 2010 | The parties file post-hearing briefs. |
July 30, 2010 | The parties file submissions on costs. |
August 2, 2010 | The Claimant files observations on the Respondent's submission on costs. |
August 3, 2010 | The Respondent files a response to the Claimant's observations of August 2, 2010. |
June 27, 2011 | The Tribunal declares the proceeding closed. |
July 7, 2011 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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November 9, 2011 | The Secretary-General registers an application for annulment of the award filed by the Republic of Peru, and notifies the parties of the provisional stay of enforcement of the award. |
January 11, 2012 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are Dominique Hascher (French), President; Donald M. McRae (Canadian), David A.R. Williams (New Zealand); all members appointed by the Chairman of the Administrative Council. |
April 21, 2012 | The ad hoc Committee holds a first session and a hearing on stay of enforcement in Washington, D.C. |
June 29, 2012 | The Republic of Peru files a memorial on annulment. |
September 7, 2012 | Mr. Tza Yap Shum files a counter-memorial on annulment. |
November 2, 2012 | The Republic of Peru files a reply on annulment. |
December 3, 2012 | Following the resignation of ad hoc Committee member David Williams, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2). |
December 11, 2012 | The ad hoc Committee is reconstituted. Its members are Dominique Hascher (French), President; Donald M. McRae (Canadian), Michael C. Pryles (Australian); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12. |
January 3, 2013 | Mr. Tza Yap Shum files a rejoinder on annulment. |
May 30, 2013 | Following the resignation of ad hoc Committee member Michael Pryles, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2). |
June 10, 2013 | The ad hoc Committee is reconstituted. Its members are Dominique Hascher (French), President; Donald M. McRae (Canadian), Kaj Hobér (Swedish); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12. |
March 21, 2014 - March 22, 2014 | The ad hoc Committee holds a hearing on annulment in Washington, D.C. |
January 9, 2015 | Each party files a statement of costs. |
January 15, 2015 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
February 12, 2015 | The ad hoc Committee issues its decision on annulment. |