Case Details

Autopista del Norte S.A.C. v. Republic of Peru (ICSID Case No. ARB/18/17)

Subject of Dispute:

Contract for the construction of a highway system
Economic Sector:

Transportation
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Autopista del Norte S.A.C. (Peruvian)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

May 18, 2018
Date of Constitution of Tribunal:

October 30, 2018

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

Antonio CRIVELLARO (Italian) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Dechert, Paris, France
Miranda & Amado Abogados, Lima, Peru
Respondent(s):

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

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 30, 2022 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

November 4, 2022
Date of Constitution of ad hoc Committee:

December 20, 2022

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

President:

Dário MOURA VICENTE (Portuguese)
Members:

Mélanie RIOFRIO PICHÉ (Canadian, Ecuadorian)
Álvaro Rodrigo CASTELLANOS HOWELL (Guatemalan)

Party Representatives

Claimant(s):

Autopista del Norte S.A.C.
Cuatrecasas, Madrid, Spain
Respondent(s):

Republic of Peru
Comisión Especial que Representa a la República del Perú en Controversias Internacionales de Inversión, Lima, Perú
Estudio Navarro & Pazos Abogados, Lima, Peru
Baker Botts, Washington, D.C. and London, U.K.
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Pending
Latest Development:

October 4, 2023 -
The Republic of Peru files a counter-memorial on annulment.

No References Available.

(a) Original Proceeding

Date	Development
May 18, 2018	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 6, 2018	Following appointment by the Respondent, Raúl E. Vinuesa (Argentine/Spanish) accepts his appointment as arbitrator.
June 8, 2018	Following appointment by the Claimant, Antonio Crivellaro (Italian) accepts his appointment as arbitrator.
October 29, 2018	Following appointment by the Parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
October 30, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by the Parties; Antonio Crivellaro (Italian), appointed by the Claimant; and Raúl Emilio Vinuesa (Argentine/Spanish), appointed by the Respondent.
December 20, 2018	The Tribunal holds a first session by telephone conference.
January 21, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 24, 2019	The Claimants file a memorial on the merits.
October 26, 2019	The Respondent files a counter-memorial on liability, a memorial on jurisdiction and admissibility, and a memorial on counter-claims.
November 27, 2019	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
December 6, 2019	The Tribunal issues Procedural Order No. 2 concerning production of documents.
February 24, 2020	The Claimant files a reply and a counter-memorial on jurisdiction and counter-claims.
May 22, 2020	The Claimant files a request for the Tribunal to decide on the admissibility of new documents.
May 26, 2020	The Respondent files observations on the Claimant’s request of May 22, 2020.
May 28, 2020	The Tribunal decides on the admissibility of new documents.
June 20, 2020	The Respondent files a rejoinder and a reply on jurisdiction and counter-claims.
August 18, 2020	The Claimant files a rejoinder on jurisdiction and on counter-claims.
August 25, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
August 28, 2020	The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
September 14, 2020 - September 22, 2020	The Tribunal holds a Hearing on Jurisdiction and the Merits by video conference.
October 13, 2020	The Tribunal issues Procedural Order No. 4 concerning post-hearing procedural matters.
November 13, 2020	Each party files a post-hearing brief.
March 29, 2021	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
April 23, 2021	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
August 2, 2021	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
September 27, 2021	Each party files a further submission on quantum.
October 29, 2021	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
November 11, 2021	The Claimant files a further submission on quantum.
November 23, 2021	The Respondent files a further submission on quantum.
January 31, 2022	Each party files a further submission on quantum.
February 17, 2022	Each party files a statement of costs.
June 1, 2022	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 30, 2022	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
November 4, 2022	The Acting Secretary-General registers an application for annulment of the award filed by Autopista del Norte S.A.C.
December 20, 2022	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dário Moura Vicente (Portuguese), President; Mélanie Riofrio Piché (Canadian/Ecuadorian); and Álvaro Castellanos Howell (Guatemalan); all members appointed by the Chairman of the Administrative Council.
February 27, 2023	The ad hoc Committee holds a first session by video conference.
March 6, 2023	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
May 25, 2023	Autopista del Norte S.A.C. files a memorial on annulment.
September 11, 2023	The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters.
October 4, 2023	The Republic of Peru files a counter-memorial on annulment.