Case Details

Lidercón, S.L. v. Republic of Peru (ICSID Case No. ARB/17/9)

Subject of Dispute:

Transportation services
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Spain - Peru 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Lidercón, S.L. (Spanish)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

April 5, 2017
Date of Constitution of Tribunal:

August 2, 2017

Composition of Tribunal

President:

Jan PAULSSON (French, Swedish) - Appointed by the Parties
Arbitrators:

Francisco GONZÁLEZ DE COSSÍO (Mexican) - Appointed by the Claimant(s)
Hugo PEREZCANO DIAZ (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hogan Lovells, Madrid, Spain
Lidercón, S.L.
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 6, 2020 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (March 6, 2020) (English;)

(a) Original Proceeding

Date	Development
April 5, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
May 15, 2017	Following appointment by the Claimant, Francisco González de Cossío (Mexican) accepts his appointment as arbitrator.
June 9, 2017	Following appointment by the Respondent, Hugo Perezcano Díaz (Mexican) accepts his appointment as arbitrator.
August 2, 2017	Following appointment by agreement of the parties and his co-arbitrators, Jan Paulsson (French/Swedish) accepts his appointment as presiding arbitrator.
August 2, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Jan Paulsson (French/Swedish), President, appointed by agreement of the parties; Francisco González de Cossío (Mexican), appointed by the Claimant; and Hugo Perezcano Díaz (Mexican), appointed by the Respondent.
September 22, 2017	The Tribunal holds a first session by telephone conference.
October 16, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 6, 2018	The Claimant files a memorial on the merits.
August 8, 2018	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
September 28, 2018	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
September 28, 2018	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
October 17, 2018	The Tribunal issues Procedural Order No. 2 concerning production of documents.
February 1, 2019	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
April 22, 2019	The Claimant files a request for provisional measures.
May 9, 2019	The Claimant files further information on the request for provisional measures.
May 14, 2019	The Respondent files observations on the Claimant’s request for provisional measures.
May 21, 2019	The Claimant files a response to Respondent’s observations of May 14, 2019.
May 28, 2019	The Respondent files further observations on the Claimant’s response of May 21, 2019.
June 14, 2019	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
August 2, 2019	The Claimant files a rejoinder on jurisdiction.
September 19, 2019 - September 27, 2019	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
January 31, 2020	Each party files a submission on costs.
March 6, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 6, 2020	The Tribunal renders its award.