Case Details
IC Power Ltd and Kenon Holdings Ltd v. Republic of Peru (ICSID Case No. ARB/19/19)
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Electricity distribution and sale concession
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Electric Power & Other Energy
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FTA Peru-Singapore
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ICSID Convention - Arbitration Rules
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IC Power Ltd (Singaporean), Kenon Holdings Ltd (Singaporean)
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Republic of Peru (Peruvian)
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June 27, 2019
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October 30, 2019
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Luca G. RADICATI DI BROZOLO (British, Italian) - Appointed by the Parties
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David R. HAIGH (Canadian) - Appointed by the Claimant(s)
Eduardo SIQUEIROS T (Mexican) - Appointed by the Respondent(s) -
Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
Philippi Prietocarrizosa Ferrero DU& Uría, Lima, Peru -
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 -
English,Spanish
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Concluded
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October 3, 2023 -
The Tribunal renders its award.
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Claimant(s)
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November 16, 2023
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Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
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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 -
English,Spanish
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Pending
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December 6, 2023 - The Republic of Peru files observations on IC Power Ltd and Kenon Holdings Ltd.’s request of November 10, 2023.
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Respondent(s)
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December 5, 2023
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Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
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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 -
Pending
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December 5, 2023 - The Secretary-General registers a request for rectification of the award filed by the Republic of Peru.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Supplementary Decision and Rectification Proceeding
Party Representatives
(c) Rectification Proceeding
Party Representatives
(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 |
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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 |
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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 |
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December 5, 2023 | The Secretary-General registers a request for rectification of the award filed by the Republic of Peru. |