Case Details

Renée Rose Levy de Levi v. Republic of Peru (ICSID Case No. ARB/10/17)

Subject of Dispute:

Banking enterprise
Economic Sector:

Finance
Instrument(s) Invoked:

BIT France - Peru 1993
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Renée Rose Levy de Levi (French)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

July 20, 2010
Date of Constitution of Tribunal:

January 19, 2011

Composition of Tribunal

President:

Rodrigo OREAMUNO (Costa Rican) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Respondent(s)
Joaquin MORALES GODOY (Chilean) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Estudio Paitán & Abogados, Lima, Peru
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 26, 2014 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Joaquín Morales Godoy.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

May 20, 2014 (Claimant(s))
Date of Constitution of ad hoc Committee:

August 15, 2014

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

President:

John M. TOWNSEND (U.S.)
Members:

Andreas BUCHER (Swiss)
Hi-Taek SHIN (Korean)

Party Representatives

Claimant(s):

Winston & Strawn, Washington, D.C., U.S.A.
Wöss & Partners, Washington, D.C., U.S.A.
Respondent(s):

Ministerio de Economía y Finanzas, Lima, Peru
Sidley Austin, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 24, 2014 - The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Dissenting Opinion by Arbitrator Joaquín Morales Godoy

Available on the ICSID Website

Award of the Tribunal (February 26, 2014) English (Original); Spanish (Original)

Dissenting Opinion by Arbitrator Joaquín Morales Godoy (February 26, 2014) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
July 20, 2010	The Secretary-General registers a request for the institution of arbitration proceedings.
September 9, 2010	The Claimant files a request for provisional measures.
September 14, 2010	The Secretary-General fixes time limits for the parties to present observations on the Claimant’s request for provisional measures pursuant to ICSID Arbitration Rule 39(5).
October 5, 2010	The Respondent files observations on the Claimant's request for provisional measures.
October 7, 2010	The Claimant files a further request for provisional measures.
October 15, 2010	The Secretary-General fixes time limits for the parties to present observations on the Claimant’s further request for provisional measures pursuant to ICSID Arbitration Rule 39(5).
October 20, 2010	The Claimant files a reply on the request for provisional measures of September 9, 2010.
November 1, 2010	The Respondent files a response to the request for provisional measures of October 7, 2010.
November 11, 2010	The Respondent files a rejoinder on the request for provisional measures of September 9, 2010.
November 15, 2010	The Claimant files a request to withdraw its further request for provisional measures of October 7, 2010.
January 19, 2011	The Tribunal is constituted. Its members are: Rodrigo Oreamuno (Costa Rican), President; Bernard Hanotiau (Belgian); and Joaquín Morales Godoy (Chilean).
March 21, 2011	The Tribunal holds a first session and a hearing on provisional measures in Washington, D.C.
June 17, 2011	The Tribunal issues a decision on provisional measures.
July 12, 2011	The Tribunal issues a procedural order concerning production of documents.
August 2, 2011	The Tribunal issues a procedural order concerning the procedural calendar.
August 25, 2011	The Respondent files a memorial on jurisdiction.
August 25, 2011	The Claimant files a memorial on the merits.
January 30, 2012	The Claimant files a counter-memorial on jurisdiction.
January 30, 2012	The Respondent files a counter-memorial on the merits.
May 2, 2012	The Tribunal issues Procedural Order No. 4 concerning production of documents.
May 14, 2012	The Tribunal issues Procedural Order No. 5 concerning production of documents.
May 29, 2012	The Claimant files a reply on the merits.
September 26, 2012	The Respondent files a rejoinder on the merits.
October 18, 2012	The Tribunal issues a decision on procedural matters.
November 12, 2012 - December 20, 2012	The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
January 22, 2013	Each party files a post-hearing brief.
February 21, 2013	Each party files a statement of costs.
December 20, 2013	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
February 26, 2014	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Joaquín Morales Godoy.

(b) Annulment Proceeding

Date	Development
May 20, 2014	The Secretary-General registers an application for annulment of the award filed by Ms. Renée Rose Levy de Levi, and notifies the parties of the provisional stay of enforcement of the award.
August 15, 2014	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: John Townsend (U.S.), President; Andreas Bucher (Swiss) and Hi-Taek Shin (Korean); all members appointed by the Chairman of the Administrative Council.
August 28, 2014	Ms. Renée Rose Levy de Levi files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44.
September 24, 2014	The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.