Case Details
Bear Creek Mining Corporation v. Republic of Peru (ICSID Case No. ARB/14/21)
-
Mining concession
-
Oil, Gas & Mining
-
FTA Canada - Peru 2009
-
ICSID Convention - Arbitration Rules
-
Bear Creek Mining Corporation (Canadian)
-
Republic of Peru (Peruvian)
-
August 18, 2014
-
December 3, 2014
-
Karl-Heinz BÖCKSTIEGEL (German) - Appointed by the Parties
-
Michael C. PRYLES (Australian) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s) -
King & Spalding, New York, NY and Houston, TX., U.S.A.
Miranda & Amado Abogados, Lima, Peru -
Estudio Navarro & Pazos Abogados, Lima, Peru
Sidley Austin, Washington, D.C., U.S.A.
Stanimir A. Alexandrov PLLC, Washington, D.C., U.S.A. -
English,Spanish
-
Concluded
-
November 30, 2017 - The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Philippe Sands.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 1
Procedural Order No. 2
Procedural Order No. 3
Claimant’s Memorial on the Merits
Witness Statement of Andrew T. Swarthout
Witness Statement of Elsiario Antunez de Mayolo
Expert Report of Alfredo Bullard González
Expert Report of FTI Consulting
Expert Report of RPA
Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction
Witness Statement of César Zegarra
Witness Statement of Luis Fernando Gala Soldevilla
Witness Statement of Felipe A. Ramírez Delpino
Expert Report of SRK Consulting
Expert Report of Antonio Alfonso Peña Jumpa
Expert Report of Francisco Eguiguren Praeli
Expert Report of Luis Rodríguez-Mariátegui Canny
Expert Report of Prof. Graham Davis and The Brattle Group
Claimant’s Reply on the Merits and Counter-Memorial on Jurisdiction
Rebuttal Witness Statement of Andrew T. Swarthout
Witness Statement of Catherine McLeod-Seltzer
Witness Statement of Peter M. Brown, O.B.C., LL.D
Witness Statement of Randy V. J. Smallwood
Rebuttal Witness Statement of Elsiario Antunez de Mayolo
Response Expert Report of RPA
Reply Expert Report of FTI Consulting
Expert Report of Alfredo Bullard González
Expert Report of Hans A. Flury
Witness Statement of Elsiario Antunez de Mayolo
Rebuttal Witness Statement of Elsiario Antunez de Mayolo
Expert Report of Hans A. Flury
Expert Report of Alfredo Bullard González
Respondent’s Rejoinder on the Merits and Reply on Jurisdiction
Witness Statement of Rosario de Pilar Fernández Figueroa
Rebuttal Witness Statement of Fernando Gala
Rebuttal Witness Statement of Felipe A. Ramírez Delpino
Rebuttal Witness Statement of César Zegarra
Expert Report of Jorge Danos Ordóñez
Second Expert Report of Francisco Eguiguren Praeli
Second Expert Report of Antonio Alfonso Peña Jumpa
Second Expert Report of Luis Rodríguez-Mariátegui Canny
Second Expert Valuation Report of Prof. Graham Davis and the Brattle Group
Second Expert Technical Mining Report of SRK Consulting
Procedural Order No. 5
Procedural Order No. 6
Procedural Order No. 8
Non-disputing State party submission of the Government of Canada
Application to file a non-disputing party written submission of DHUMA and Dr. Carlos Lopez
Application to file a non-disputing party written submission of DHUMA and Dr. Carlos Lopez
Non-disputing party written submission of DHUMA and Dr. Carlos Lopez
Non-disputing party written submission of DHUMA and Dr. Carlos Lopez
Respondent’s observations on the non-disputing party written submission of DHUMA and Dr. Carlos Lopez
Claimant’s observations on the non-disputing party written submission of DHUMA and Dr. Carlos
Respondent’s observations on the non-disputing State party written Submission of the Government of Canada
Claimant’s observations on the non-disputing State party written Submission of the Government of Canada
Procedural Order No. 10
Claimant’s Rejoinder on Jurisdiction
Second Expert Report of Hans A. Flury
Third Expert Report of Alfredo Bullard
Claimant’s Post-Hearing Brief
Respondent’s Post-Hearing Brief
Claimant's Reply Post‐Hearing Briefs
Respondent's Reply Post‐Hearing Briefs
Award
Available on the ICSID Website
Procedural Order No. 1 (January 27, 2015) English (Original)
Procedural Order No. 2 (April 19, 2015) English (Original)
Procedural Order No. 3 (October 19, 2015) English (Original)
Claimant’s Memorial on the Merits (May 29, 2015) English (Original)
Witness Statement of Andrew T. Swarthout (May 29, 2015) English (Original)
Witness Statement of Elsiario Antunez de Mayolo (May 29, 2015) English (Original); Spanish (Original)
Expert Report of Alfredo Bullard González (May 29, 2015) English (Original); Spanish (Original)
Expert Report of FTI Consulting (May 9, 2015) English (Original)
Expert Report of RPA (May 29, 2015) English (Original)
Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction (October 6, 2015) English (Original)
Witness Statement of César Zegarra (October 6, 2015) English (Original); Spanish (Original)
Witness Statement of Luis Fernando Gala Soldevilla (October 6, 2015) English (Original); Spanish (Original)
Witness Statement of Felipe A. Ramírez Delpino (October 6, 2015) English (Original); Spanish (Original)
Expert Report of SRK Consulting (October 6, 2015) English (Original)
Expert Report of Antonio Alfonso Peña Jumpa (October 6, 2015) English (Original); Spanish (Original)
Expert Report of Francisco Eguiguren Praeli (October 6, 2015) English (Original); Spanish (Original)
Expert Report of Luis Rodríguez-Mariátegui Canny (October 6, 2015) English (Original); Spanish (Original)
Expert Report of Prof. Graham Davis and The Brattle Group (October 6, 2015) English (Original)
Claimant’s Reply on the Merits and Counter-Memorial on Jurisdiction (January 8, 2016) English (Original)
Rebuttal Witness Statement of Andrew T. Swarthout (January 8, 2016) English (Original)
Witness Statement of Catherine McLeod-Seltzer (January 8, 2016) English (Original)
Witness Statement of Peter M. Brown, O.B.C., LL.D (January 8, 2016) English (Original)
Witness Statement of Randy V. J. Smallwood (January 8, 2016) English (Original)
Rebuttal Witness Statement of Elsiario Antunez de Mayolo (January 8, 2016) Spanish (Original)
Response Expert Report of RPA (January 8, 2016) English (Original)
Reply Expert Report of FTI Consulting (January 8, 2016) English (Original)
Expert Report of Alfredo Bullard González (January 8, 2016) Spanish (Original)
Expert Report of Hans A. Flury (January 8, 2016) Spanish (Original)
Rebuttal Witness Statement of Elsiario Antunez de Mayolo (January 8, 2016) English (Original)
Expert Report of Hans A. Flury (January 8, 2016) English (Original)
Expert Report of Alfredo Bullard González (January 8, 2016) English (Original)
Respondent’s Rejoinder on the Merits and Reply on Jurisdiction (April 13, 2016) English (Original)
Witness Statement of Rosario de Pilar Fernández Figueroa (April 13, 2016) English (Original); Spanish (Original)
Rebuttal Witness Statement of Fernando Gala (April 13, 2016) English (Original); Spanish (Original)
Rebuttal Witness Statement of Felipe A. Ramírez Delpino (April 13, 2016) English (Original); Spanish (Original)
Rebuttal Witness Statement of César Zegarra (April 13, 2016) English (Original); Spanish (Original)
Expert Report of Jorge Danos Ordóñez (April 13, 2016) English (Original); Spanish (Original)
Second Expert Report of Francisco Eguiguren Praeli (April 13, 2016) English (Original); Spanish (Original)
Second Expert Report of Antonio Alfonso Peña Jumpa (April 13, 2016) English (Original); Spanish (Original)
Second Expert Report of Luis Rodríguez-Mariátegui Canny (April 13, 2016) English (Original); Spanish (Original)
Second Expert Valuation Report of Prof. Graham Davis and the Brattle Group (April 13, 2016) English (Original)
Second Expert Technical Mining Report of SRK Consulting (April 13, 2016) English (Original)
Procedural Order No. 5 (July 21, 2016) English (Original)
Procedural Order No. 6 (July 21, 2016) English (Original)
Procedural Order No. 8 (August 4, 2016) English (Original)
Non-disputing State party submission of the Government of Canada (June 9, 2016) English (Original)
Application to file a non-disputing party written submission of DHUMA and Dr. Carlos Lopez (June 9, 2016) Spanish (Original)
Application to file a non-disputing party written submission of DHUMA and Dr. Carlos Lopez (June 9, 2016) English (Original)
Non-disputing party written submission of DHUMA and Dr. Carlos Lopez (June 9, 2016) English (Original)
Non-disputing party written submission of DHUMA and Dr. Carlos Lopez (June 9, 2016) Spanish (Original)
Respondent’s observations on the non-disputing party written submission of DHUMA and Dr. Carlos Lopez (August 18, 2016) English (Original)
Claimant’s observations on the non-disputing party written submission of DHUMA and Dr. Carlos (August 18, 2016) English (Original)
Respondent’s observations on the non-disputing State party written Submission of the Government of Canada (August 18, 2016) English (Original)
Claimant’s observations on the non-disputing State party written Submission of the Government of Canada (August 18, 2016) English (Original)
Procedural Order No. 10 (September 15, 2016) English (Original)
Claimant’s Rejoinder on Jurisdiction (May 26, 2016) English (Original)
Second Expert Report of Hans A. Flury (May 26, 2016) English (Original); Spanish (Original)
Third Expert Report of Alfredo Bullard (May 26, 2016) English (Original); Spanish (Original)
Claimant’s Post-Hearing Brief (December 21, 2016) English (Original)
Respondent’s Post-Hearing Brief (December 21, 2016) English (Original)
Claimant's Reply Post‐Hearing Briefs (February 15, 2017) English (Original)
Respondent's Reply Post‐Hearing Briefs (February 15, 2017) English (Original)
Award (November 30, 2017) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
---|---|
August 18, 2014 | The Secretary-General registers a request for the institution of arbitration proceedings |
August 21, 2014 | Following appointment by the Claimant, Michael Pryles (Australian) accepts his appointment as arbitrator. |
October 10, 2014 | Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator. |
December 3, 2014 | Following appointment by the parties, Karl-Heinz Böckstiegel (German) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Karl-Heinz Böckstiegel (German), President, appointed by agreement of the parties; Michael Pryles (Australian), appointed by the Claimant; and Philippe Sands (British/French), appointed by the Respondent. |
January 9, 2015 | The Claimant files a request for provisional measures. |
January 12, 2015 | The Tribunal holds a first session in Washington, D.C. |
January 27, 2015 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
February 6, 2015 | The Respondent files observations on the Claimant’s request for provisional measures. |
February 20, 2015 | The Claimant files a reply on the Claimant’s request for provisional measures. |
March 6, 2015 | The Respondent files a rejoinder on the Claimant’s request for provisional measures. |
April 19, 2015 | The Tribunal issues Procedural Order No. 2 concerning provisional measures. |
May 29, 2015 | The Claimant files a memorial on the merits. |
October 6, 2015 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
October 19, 2015 | The Tribunal issues Procedural Order No. 3 concerning confidentiality. |
January 8, 2016 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
February 16, 2016 | The Respondent files a request for the Tribunal to decide on production of evidence. |
February 24, 2016 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of evidence. |
February 28, 2016 | The Respondent files a response to the Claimant’s observations of February 24, 2016. |
March 7, 2016 | The Claimant files further observations on the Respondent’s request for the Tribunal to decide on production of evidence. |
March 14, 2016 | The Tribunal issues Procedural Order No. 4 concerning production of evidence. |
April 13, 2016 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
May 26, 2016 | The Claimant files a rejoinder on jurisdiction. |
June 9, 2016 | The Government of Canada files a written submission as a non-disputing State Party pursuant to Article 832 of the Peru-Canada Free Trade Agreement. Two non-disputing parties file applications for leave to file a written submission pursuant to Article 836 of the Peru-Canada Free Trade Agreement. |
July 7, 2016 | Each party files observations on the two non-disputing parties’ applications. |
July 21, 2016 | The Tribunal issues Procedural Orders Nos. 5 and 6 concerning the non-disputing parties’ applications for leave to file a written submission pursuant to Article 836 of the Peru-Canada Free Trade Agreement. |
July 21, 2016 | Non-disputing party files a written submission pursuant to Article 836 of the Peru-Canada Free Trade Agreement. |
July 25, 2016 | The Tribunal issues Procedural Order No. 7 concerning matters of a hearing. |
July 26, 2016 | The Claimant files a request for the Tribunal to reconsider certain aspects of Procedural Order No. 7. |
August 1, 2016 | The Respondent files observations on the Claimant’s request for reconsideration of July 26, 2016. |
August 4, 2016 | The Tribunal issues Procedural Order No. 8 concerning matters of a hearing. |
August 18, 2016 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. Each party files observations on the written submission of the non-disputing party of July 21, 2016. Each party files observations on the written submission of the Government of Canada of June 9, 2016. |
August 23, 2016 | The Respondent files observations on the Claimant’s request of August 18, 2016. |
August 24, 2016 | The Respondent files a request for the exclusion of evidence. |
August 25, 2016 | The Tribunal issues Procedural Order No. 9 concerning the admissibility of new evidence. |
August 26, 2016 | The Claimant files observations on the Respondent’s request for exclusion of evidence. |
August 29, 2016 | The Tribunal decides on exclusion of evidence. |
September 7, 2016 - September 14, 2016 | The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C. |
September 15, 2016 | The Tribunal issues Procedural Order No. 10 concerning procedural matters. |
November 22, 2016 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
November 30, 2016 | The Respondent files observations on the Claimant’s request of November 22, 2016. |
December 5, 2016 | The Tribunal decides on the admissibility of new evidence. |
December 21, 2016 | Each party files a post-hearing brief. |
February 15, 2017 | Each party files a reply post-hearing brief. |
March 29, 2017 | Each party files a statement of costs. |
April 14, 2017 | Each party files observations on the other party’s statement of costs. |
September 12, 2017 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
November 30, 2017 | The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Philippe Sands. |