Case Details

Sociedad Aeroportuaria Kuntur Wasi S.A. and Corporación América S.A. v. Republic of Peru (ICSID Case No. ARB/18/27)

Subject of Dispute:

Design, construction, operation and maintenance of new airport
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Peru - Argentina 1994 - Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Sociedad Aeroportuaria Kuntur Wasi S.A. (Peruvian), Corporación América S.A. (Argentine)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

July 27, 2018
Date of Constitution of Tribunal:

December 28, 2018

Composition of Tribunal

President:

Lucinda A. LOW (U.S.) - Appointed by the Parties
Arbitrators:

Enrique BARROS BOURIE (Chilean) - Appointed by the Claimant(s)
Jose Emilio NUNES PINTO (Brazilian) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Lucinda A. LOW (U.S.) - Appointed by the Parties
Arbitrators:

Gaëtan VERHOOSEL (Belgian, British) - Appointed by the Claimant(s)
Jose Emilio NUNES PINTO (Brazilian) - Appointed by the Respondent(s)
Reconstituted:

March 6, 2019: Enrique BARROS BOURIE (Chilean) appointed following the resignation of Gaëtan VERHOOSEL (Belgian ,British)

Party Representatives

Claimant(s):

King & Spalding, New York, NY, U.S.A.
Bullard Falla Ezcurra +, Lima, Peru
Respondent(s):

Comisión Especial que Representa a la República del Perú en Controversias Internacionales de Inversión, Lima, Peru
Sidley Austin, Washington, D.C., U.S.A.
Stanimir A. Alexandrov, Washington, D.C., U.S.A.
Estudio Navarro & Pazos Abogados, Lima, Peru
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 9, 2024 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction, Liability, Certain Aspects of Quantum and Further Directions on Quantum

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Award of the Tribunal

Available on the ICSID Website

Decision on Jurisdiction, Liability, Certain Aspects of Quantum and Further Directions on Quantum (August 11, 2023) English (Original); Spanish (Original)

Procedural Order No. 1 (May 6, 2019) Spanish (Original)

Procedural Order No. 2 (May 31, 2019) Spanish (Original)

Procedural Order No. 3 (May 12, 2020) Spanish (Original)

Procedural Order No. 4 (October 2, 2020) Spanish (Original)

Procedural Order No. 5 (October 22, 2020) Spanish (Original)

Award of the Tribunal (May 9, 2024) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
July 27, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
August 14, 2018	Following appointment by the Claimants, Gaëtan Verhoosel (Belgian) accepts his appointment as arbitrator.
September 28, 2018	Following appointment by the Respondent, José Emilio Nunes Pinto (Brazilian) accepts his appointment as arbitrator.
December 28, 2018	Following appointment by agreement of the parties, Lucinda Low (U.S.) accepts her appointment as presiding arbitrator.
December 28, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Lucinda Low (U.S.), President, appointed by agreement of the parties; Gaëtan Verhoosel (Belgian), appointed by the Claimants; and José Emilio Nunes Pinto (Brazilian), appointed by the Respondent.
January 15, 2019	The Respondent files a proposal for disqualification of arbitrator Gaëtan Verhoosel. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
January 22, 2019	Following the resignation of arbitrator Gaëtan Verhoosel, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2).
January 22, 2019	The Tribunal consents to the resignation of arbitrator Gaëtan Verhoosel pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
March 6, 2019	Following the resignation of arbitrator Gaëtan Verhoosel, Enrique Barros Bourie (Chilean) accepts his appointment as arbitrator, appointed by the Claimants in accordance with ICSID Arbitration Rule 11(1).
March 6, 2019	The Tribunal is reconstituted. Its members are: Lucinda Low (U.S.), President, appointed by agreement of the parties; Enrique Barros Bourie (Chilean), appointed by the Claimants; and José Emilio Nunes Pinto (Brazilian), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
April 9, 2019	The Tribunal holds a first session by telephone conference.
May 6, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 31, 2019	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
September 7, 2019	The Claimants file a memorial on the merits.
March 14, 2020	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
May 12, 2020	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
June 1, 2020	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
August 20, 2020	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
October 2, 2020	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
October 13, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
October 19, 2020	The Claimants file a rejoinder on jurisdiction.
October 22, 2020	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
September 13, 2021 - September 16, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
October 11, 2021	The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference.
October 18, 2021 - October 19, 2021	The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference.
November 15, 2021 - November 16, 2021	The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference.
August 11, 2023	The Tribunal issues a decision on jurisdiction, liability, certain aspects of quantum and further directions on quantum.
February 21, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
May 9, 2024	The Tribunal renders its award.