Case Details
Latam Hydro LLC and CH Mamacocha S.R.L. v. Republic of Peru (ICSID Case No. ARB/19/28)
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Renewable energy generation enterprise
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Electric Power & Other Energy
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Contract, United States of America - Peru Trade Promotion Agreement (TPA)
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ICSID Convention - Arbitration Rules
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Latam Hydro LLC (U.S.), CH Mamacocha S.R.L. (Peruvian)
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Republic of Peru (Peruvian)
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September 19, 2019
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March 9, 2020
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Albert Jan VAN DEN BERG (Dutch) - Appointed by the Parties
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Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s) -
Baker & Hostetler, Washington, D.C. and New York, NY, U.S.A
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Comisión Especial que Representa a la República del Perú en Controversias Internacionales de Inversión, Lima, Peru
Arnold & Porter Kaye Scholer, Washington, D.C., U.S.A and London, U.K. -
English,Spanish
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Concluded
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December 20, 2023 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Guido Santiago Tawil.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Notice of Intent
Request for Arbitration
Procedural Order No. 1
Procedural Order No. 2
Claimants’ Memorial
Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction
Procedural Order No. 3
Procedural Order No. 4
Procedural Order No. 5
Respondent’s Rejoinder on the Merits and Reply on Jurisdiction
Claimants’ Reply on Jurisdiction and the Merits
Non-Disputing Party Submission of the United States of America
Claimant’s Comments on the Non-Disputing Party Submission by the United States of America
Peru’s Written Observations on the United States’ Non-Disputing Party Submission
Procedural Order No. 6
Hearing on Jurisdiction and the Merits – Transcript, Day 1 (Redacted)
Hearing on Jurisdiction and the Merits – Transcript, Day 2
Hearing on Jurisdiction and the Merits – Transcript, Day 3
Hearing on Jurisdiction and the Merits – Transcript, Day 4
Hearing on Jurisdiction and the Merits – Transcript, Day 5
Hearing on Jurisdiction and the Merits – Transcript, Day 6
Hearing on Jurisdiction and the Merits – Transcript, Day 7
Hearing on Jurisdiction and the Merits – Transcript, Day 8
Hearing on Jurisdiction and the Merits – Transcript, Day 9 (Redacted)
Award and Dissenting Opinion
Available on the ICSID Website
Notice of Intent (May 28, 2019) English (Original)
Request for Arbitration (August 30, 2019) English (Original)
Procedural Order No. 1 (April 15, 2020) English (Original); Spanish (Original)
Procedural Order No. 2 (May 13, 2020) English (Original); Spanish (Original)
Claimants’ Memorial (September 14, 2020) English (Original)
Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction (February 9, 2021) Spanish (Original)
Procedural Order No. 3 (April 1, 2021) English (Original); Spanish (Original)
Procedural Order No. 4 (May 3, 2021) English (Original); Spanish (Original)
Procedural Order No. 5 (May 24, 2021) English (Original); Spanish (Original)
Respondent’s Rejoinder on the Merits and Reply on Jurisdiction (November 9, 2021) Spanish (Original)
Claimants’ Reply on Jurisdiction and the Merits (July 20, 2021) English (Original)
Non-Disputing Party Submission of the United States of America (November 19, 2021) English (Original)
Claimant’s Comments on the Non-Disputing Party Submission by the United States of America (December 8, 2021) English (Original)
Peru’s Written Observations on the United States’ Non-Disputing Party Submission (December 8, 2021) English (Original)
Procedural Order No. 6 (February 2, 2022) English (Original); Spanish (Original)
Hearing on Jurisdiction and the Merits – Transcript, Day 1 (Redacted) (March 7, 2022) English (Original)
Hearing on Jurisdiction and the Merits – Transcript, Day 2 (March 8, 2022) English (Original)
Hearing on Jurisdiction and the Merits – Transcript, Day 3 (March 9, 2022) English (Original)
Hearing on Jurisdiction and the Merits – Transcript, Day 4 (March 10, 2022) English (Original)
Hearing on Jurisdiction and the Merits – Transcript, Day 5 (March 11, 2022) English (Original)
Hearing on Jurisdiction and the Merits – Transcript, Day 6 (March 14, 2022) English (Original)
Hearing on Jurisdiction and the Merits – Transcript, Day 7 (March 15, 2022) English (Original)
Hearing on Jurisdiction and the Merits – Transcript, Day 8 (March 16, 2022) English (Original)
Hearing on Jurisdiction and the Merits – Transcript, Day 9 (Redacted) (March 18, 2022) Spanish (Original)
Award and Dissenting Opinion (December 20, 2023) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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September 19, 2019 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
October 15, 2019 | Following appointment by the Claimants, Guido Santiago Tawil (Argentine) accepts his appointment as arbitrator. |
October 17, 2019 | Following appointment by the Respondent, Raúl E. Vinuesa (Argentine/Spanish) accepts his appointment as arbitrator. |
March 6, 2020 | Following appointment by agreement of the parties, Albert Jan van den Berg (Dutch) accepts his appointment as presiding arbitrator. |
March 9, 2020 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Albert Jan van den Berg (Dutch), President, appointed by agreement of the parties; Guido Santiago Tawil (Argentine), appointed by the Claimants; and Raúl E. Vinuesa (Argentine and Spanish), appointed by the Respondent. |
March 19, 2020 | The Respondent files a request for the Tribunal to decide on confidentiality of documents. |
March 26, 2020 | The Claimants file observations on the Respondent’s request of March 19, 2020. |
April 2, 2020 | The Respondent files a reply to the Claimants’ observations of March 26, 2020. |
April 6, 2020 | The Claimants file a rejoinder to the Respondent’s observations of April 2, 2020. |
April 15, 2020 | The Tribunal issues Procedural Order No. 1 concerning the Respondent’s request of March 19, 2020. |
April 29, 2020 | The Tribunal holds a first session by telephone conference. |
May 13, 2020 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
September 14, 2020 | The Claimants file a memorial on the merits. |
February 9, 2021 | The Respondent files a counter-memorial on the merits and memorial on jurisdiction. |
March 23, 2021 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
April 1, 2021 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
May 3, 2021 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
May 24, 2021 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
July 20, 2021 | The Claimants file a reply on the merits and a counter-memorial on jurisdiction. |
August 5, 2021 | The Claimants file a request for the Tribunal to decide on the admissibility of a new document. |
August 10, 2021 | The Respondent files observations on the Claimants’ request of August 5, 2021. |
August 11, 2021 | The Tribunal decides on the admissibility of a new document. |
November 9, 2021 | The Respondent files a rejoinder on the merits and reply on jurisdiction. |
November 19, 2021 | The United States of America files a written submission as a non-disputing State Party pursuant to Article 10.20(2) of the Trade Promotion Agreement between the United States of America and the Republic of Peru. |
December 2, 2021 | The Tribunal holds a procedural status conference with the parties by videoconference. |
December 8, 2021 | Each party files observations on the non-disputing party submission. |
January 14, 2022 | The Tribunal holds a procedural status conference with the parties by videoconference. |
January 21, 2022 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
February 2, 2022 | The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing. |
March 7, 2022 - March 18, 2022 | The Tribunal holds a hearing on jurisdiction and the merits by video conference. |
June 17, 2022 | Each party files a post-hearing brief. |
August 1, 2022 | Each party files a submission on costs. |
December 20, 2023 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
December 20, 2023 | The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Guido Santiago Tawil. |