Case Details

ENAGÁS S.A. (España) and ENAGÁS Internacional S.L.U. (España) v. Republic of Peru (ICSID Case No. ARB/18/26)

Subject of Dispute:

Natural gas pipeline project
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Spain - Peru 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

ENAGÁS S.A. (España) (Spanish), ENAGÁS Internacional S.L.U. (España) (Spanish)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

July 24, 2018
Date of Constitution of Tribunal:

July 18, 2019

Composition of Tribunal

President:

Diego P. FERNÁNDEZ ARROYO (Argentine, Spanish) - Appointed by the Parties
Arbitrators:

Andrés JANA LINETZKY (Chilean, Portuguese) - Appointed by the Claimant(s)
Claus VON WOBESER (German, Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Linklaters, Madrid, Spain and Washington, D.C., U.S.A.
CMS-GRAU, Lima, Peru
Respondent(s):

Arnold & Porter Kaye Scholer, Washington, D.C. and London U.K.
Ministerio de Economía y Finanzas, Lima, Peru
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 20, 2024 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Claus von Wobeser.

(b) Rectification Proceeding

Date Registered:

January 23, 2025

Party Representatives

Claimant(s):

Linklaters, Madrid, Spain and Washington, D.C., U.S.A.
CMS-GRAU, Lima, Peru
Respondent(s):

Ministerio de Economía y Finanzas, Lima, Peru
Arnold & Porter Kaye Scholer, Washington, D.C. and London U.K.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 23, 2025 - The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

June 2, 2025
Date of Constitution of ad hoc Committee:

August 18, 2025

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

President:

Carita WALLGREN-LINDHOLM (Finnish)
Members:

Milton Estuardo ARGUETA PINTO (Guatemalan)
Lisa M. RICHMAN (U.S.)

Party Representatives

Claimant(s):

Linklaters, Madrid, Spain and Washington, D.C., U.S.A.
CMS-GRAU, Lima, Peru
Respondent(s):

Ministerio de Economía y Finanzas, Lima, Peru
Arnold & Porter Kaye Scholer, Washington, D.C., U.S.A and London, U.K.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

December 3, 2025 - The Republic of Peru files a memorial on annulment.

No References Available.

(a) Original Proceeding

Date	Development
July 24, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
November 7, 2018	Following appointment by the Claimants, Andrés Jana (Chilean) accepts his appointment as arbitrator.
November 21, 2018	Following appointment by the Respondent, Claus von Wobeser (Mexican/German) accepts his appointment as arbitrator.
July 18, 2019	Following appointment by agreement of the parties, Diego P. Fernández-Arroyo (Argentine/Spanish) accepts his appointment as presiding arbitrator.
July 18, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Diego P. Fernández-Arroyo (Argentine/Spanish), President, appointed by agreement of the parties; Andrés Jana Linetzky (Chilean), appointed by Claimants; and Claus von Wobeser (Mexican/German), appointed by Respondent.
September 11, 2019	The Tribunal holds a first session by telephone conference.
September 24, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 20, 2020	The Claimants file a memorial on the merits.
June 24, 2020	The Tribunal decides on the admissibility of new evidence.
July 19, 2020	The Respondent files a memorial on jurisdiction and a counter-memorial on the merits.
October 8, 2020	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
November 7, 2020	The Tribunal issues Procedural Order No. 2 concerning production of documents.
November 20, 2020	The Respondent files a request for reconsideration of the Tribunal’s Procedural Order of November 7, 2020.
November 30, 2020	The Claimants file observations on the Respondent’s request of November 20, 2020.
December 14, 2020	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request of November 20, 2020.
January 6, 2021	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
May 31, 2021	The Claimants file a counter-memorial on jurisdiction and a reply on the merits.
October 20, 2021	The Respondent files a reply on jurisdiction and a rejoinder on the merits.
January 17, 2022	The Claimants file a rejoinder on jurisdiction.
July 25, 2022	The Tribunal issues Procedural Order No. 5 concerning the exclusion of evidence.
August 4, 2022	The Claimants file a request for the exclusion of evidence.
August 9, 2022	The Respondent files observations on the Claimants’ request of August 4, 2022.
August 12, 2022	The Tribunal issues Procedural Order No. 6 concerning the exclusion of evidence.
September 20, 2022 - September 26, 2022	The Tribunal holds a hearing on jurisdiction and merits in person in Washington, D.C. and by video conference.
November 17, 2022	Each party files a post-hearing brief.
December 15, 2022	Each party files a submission on costs.
June 7, 2024	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 15, 2024	The Claimants file observations on the Respondent’s request of June 7, 2024.
June 21, 2024	The Respondent files a response to the Claimants’ observations of June 15, 2024.
June 25, 2024	The Claimants file observations on the Respondent’s response of June 21, 2024.
July 17, 2024	The Tribunal issues Procedural Order No. 7 concerning production of documents.
July 24, 2024	Each party files an updated submission on costs.
December 2, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 20, 2024	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Claus von Wobeser.

(b) Rectification Proceeding

Date	Development
January 23, 2025	The Secretary-General registers a request for rectification of the award filed by ENAGÁS S.A. (España) and ENAGÁS Internacional S.L.U. (España).
February 6, 2025	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
February 24, 2025	The Republic of Peru files observations on ENAGÁS S.A. (España) and ENAGÁS Internacional S.L.U. (España)’s request for rectification of the award.
March 19, 2025	ENAGÁS S.A. (España) and ENAGÁS Internacional S.L.U. (España) files a reply on the request for rectification of the award.
April 9, 2025	The Republic of Peru files a rejoinder on the request for rectification of the award.
May 8, 2025	Each party files a submission on costs.
May 22, 2025	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1), 46 y 49(4).
May 23, 2025	The Tribunal issues a decision on the rectification of the award.

(c) Annulment Proceeding

Date	Development
June 2, 2025	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.
August 18, 2025	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Carita Wallgren-Lindholm (Finnish), President; Milton Estuardo Argueta Pinto (Guatemalan); and Lisa M. Richman (U.S.); all members appointed by the Chairman of the Administrative Council.
September 19, 2025	The ad hoc Committee holds a first session by video conference.
October 15, 2025	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
December 3, 2025	The Republic of Peru files a memorial on annulment.