Case Details

Hydrika 1 S.A.C. and others v. Republic of Peru (ICSID Case No. ARB/18/48)

Subject of Dispute:

Renewable energy generation project
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Hydrika 1 S.A.C. (Peruvian), Hydrika 2 S.A.C. (Peruvian), Hydrika 3 S.A.C. (Peruvian), Hydrika 4 S.A.C. (Peruvian), Hydrika 5 S.A.C. (Peruvian), Hydrika 6 S.A.C. (Peruvian)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

December 28, 2018
Date of Constitution of Tribunal:

July 8, 2019

Composition of Tribunal

President:

Alexis MOURRE (French) - Appointed by Co-Arbitrators
Arbitrators:

Antonio HIERRO (Spanish) - Appointed by the Claimant(s)
Rodrigo OREAMUNO (Costa Rican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hughes Hubbard & Reed, Miami, FL, U.S.A, Washington, D.C. and New York, NY, U.S.A.
Respondent(s):

Arnold & Porter Kaye Scholer, Washington, D.C., New York, NY, U.S.A and London, U.K.
Lazo & De Romaña Abogados, Lima, Peru
Special Commission that Represents the Republic of Peru in International Investment Disputes, Lima, Peru
Ministry of Economy and Finances, Lima, Peru
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 17, 2021 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
December 28, 2018	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 21, 2019	Following appointment by the Claimants, Antonio Hierro (Spanish) accepts his appointment as arbitrator.
February 18, 2019	Following appointment by the Respondent, Rodrigo Oreamuno (Costa Rican) accepts his appointment as arbitrator.
July 8, 2019	Following appointment by his co-arbitrators, Alexis Mourre (French) accepts his appointment as presiding arbitrator.
July 8, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Alexis Mourre (French), President, appointed by his co-arbitrators; Antonio Hierro (Spanish), appointed by the Claimants; and Rodrigo Oreamuno (Costa Rican), appointed by the Respondent.
August 22, 2019	The Tribunal holds a first session by telephone conference.
September 4, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 24, 2020	The Claimants file a memorial on the merits.
August 20, 2020	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
August 31, 2020	The Claimant files observations on the Respondent’s request to address an objection to jurisdiction as a preliminary question.
September 3, 2020	The Respondent files a reply on the request to address an objection to jurisdiction as a preliminary question.
September 9, 2020	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
September 9, 2020	The Claimants file a rejoinder on the request to address an objection to jurisdiction as a preliminary question.
September 16, 2020	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address an objection to jurisdiction as a preliminary question. Attached to the procedural order is a dissenting opinion by arbitrator Rodrigo Oreamuno.
September 22, 2020	The Tribunal issues Procedural Order No. 3 concerning production of documents.
November 24, 2020	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
February 23, 2021	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
March 15, 2021	The Claimant files a rejoinder on jurisdiction.
March 17, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
March 31, 2021	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
April 23, 2021 - April 30, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
June 16, 2021	Each party files a statement of costs.
July 27, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 17, 2021	The Tribunal renders its award.