Case Details

IC Power Ltd and Kenon Holdings Ltd v. Republic of Peru (ICSID Case No. ARB/19/19)

Subject of Dispute:

Electricity distribution and sale concession
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

FTA Peru-Singapore
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

IC Power Ltd (Singaporean), Kenon Holdings Ltd (Singaporean)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

June 27, 2019
Date of Constitution of Tribunal:

October 30, 2019

Composition of Tribunal

President:

Luca G. RADICATI DI BROZOLO (British, Italian) - Appointed by the Parties
Arbitrators:

David R. HAIGH (Canadian) - Appointed by the Claimant(s)
Eduardo SIQUEIROS T (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
Philippi Prietocarrizosa Ferrero DU& Uría, Lima, Peru
Respondent(s):

Ministry of Economy and Finances, 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:

October 3, 2023 -
The Tribunal renders its award.

(b) Supplementary Decision and Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

November 16, 2023

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Respondent(s):

Ministry of Economy and Finances, Lima, Peru
Stanimir A. Alexandrov, Washington, D.C., U.S.A.
Baker Botts, Washington, D.C., U.S.A. and London, U.K.
Estudio Navarro & Pazos Abogados, Lima, Peru
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

December 6, 2023 - The Republic of Peru files observations on IC Power Ltd and Kenon Holdings Ltd.’s request of November 10, 2023.

(c) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

December 5, 2023

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Respondent(s):

Ministry of Economy and Finances, Lima, Peru
Stanimir A. Alexandrov, Washington, D.C., U.S.A.
Baker Botts, Washington, D.C., U.S.A.
Estudio Navarro & Pazos Abogados, Lima, Peru
Status of Proceeding:

Pending
Latest Development:

December 5, 2023 - The Secretary-General registers a request for rectification of the award filed by the Republic of Peru.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Award

Available on the ICSID Website

Procedural Order No. 1 (February 27, 2020) English (Original)

Procedural Order No. 2 (May 6, 2020) English (Original)

Procedural Order No. 3 (October 25, 2021) English (Original)

Procedural Order No. 4 (November 15, 2021) English (Original)

Procedural Order No. 5 (November 28, 2021) English (Original)

Award (October 3, 2023) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
June 27, 2019	The Secretary-General registers a request for the institution of arbitration proceedings.
September 6, 2019	Following appointment by the Claimants, David R. Haigh (Canadian) accepts his appointment as arbitrator.
October 3, 2019	Following appointment by the Respondent, Eduardo Siqueiros (Mexican) accepts his appointment as arbitrator.
October 30, 2019	Following appointment by the parties, Luca G. Radicati di Brozolo (Italian/British) accepts his appointment as presiding arbitrator.
October 30, 2019	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Luca G. Radicati di Brozolo (Italian/British), President, appointed by agreement of the parties; David R. Haigh (Canadian), appointed by the Claimants; and Eduardo Siqueiros (Mexican), appointed by the Respondent.
January 31, 2020	The Tribunal holds a first session by telephone conference.
February 27, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 6, 2020	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
June 5, 2020	The Claimant files a memorial on the merits.
February 13, 2021	The Respondent files a memorial on jurisdiction and a counter-memorial on the merits.
May 25, 2021	The Claimant files a counter-memorial on jurisdiction and a reply on the merits.
September 3, 2021	The Respondent files a reply on jurisdiction and a rejoinder on the merits.
October 25, 2021	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
November 2, 2021	The Claimants file a rejoinder on jurisdiction.
November 4, 2021	The Respondent files a request for reconsideration of the Tribunal’s Procedural Order No. 3 of October 25, 2021.
November 7, 2021	The Claimants file observations on the Respondent’s request of November 4, 2021.
November 12, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
November 15, 2021	The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request of November 4, 2021.
November 28, 2021	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
December 3, 2021	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
December 9, 2021	The Respondent files observations on the Claimants’ request of December 3, 2021.
December 10, 2021	The Tribunal decides on the admissibility of new documents.
December 13, 2021 - December 20, 2021	The Tribunal holds a hearing on the merits by video conference.
March 21, 2022	Each party files a post-hearing brief.
May 19, 2023	Each party files a submission on costs.
June 8, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
October 3, 2023	The Tribunal renders its award.

(b) Supplementary Decision and Rectification Proceeding - 1

Date	Development
November 16, 2023	The Secretary-General registers a request for supplementary decision and rectification of the award filed by IC Power Ltd and Kenon Holdings Ltd.
December 6, 2023	The Republic of Peru files observations on IC Power Ltd and Kenon Holdings Ltd.’s request of November 10, 2023.

(c) Rectification Proceeding - 2

Date	Development
December 5, 2023	The Secretary-General registers a request for rectification of the award filed by the Republic of Peru.