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 and 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.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

May 19, 2023 -
Each party files a submission on costs.

No References Available.

(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.