Case Details

SMM Cerro Verde Netherlands B.V. v. Republic of Peru (ICSID Case No. ARB/20/14)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Netherlands - Peru 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

SMM Cerro Verde Netherlands B.V. (Dutch)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

May 13, 2020
Date of Constitution of Tribunal:

March 31, 2021

Composition of Tribunal

President:

Juliet BLANCH (British) - Appointed by the Secretary-General
Arbitrators:

Oscar M. GARIBALDI (Argentine, U.S.) - Appointed by the Claimant(s)
Claus VON WOBESER (German, Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Debevoise & Plimpton, New York, NY, U.S.A.
Nagashima Ohno & Tsunematsu, Tokyo, Japan
Rodrigo, Elias & Medrano Abogados, Lima, Peru
Respondent(s):

Comisión Especial que Representa a la República del Perú en Controversias Internacionales de Inversión, Lima, Peru
Stanimir A. Alexandrov, Washington, D.C., U.S.A.
Baker Botts, Washington, D.C. and London, U.K.
Estudio Navarro & Pazos Abogados, Lima, Peru
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

June 20, 2024 - The Tribunal issues Procedural Order No. 13 concerning the Respondent’s request of May 20, 2024.

No References Available.

(a) Original Proceeding

Date	Development
May 13, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
September 11, 2020	Following appointment by the Respondent, Claus von Wobeser (Mexican/German) accepts his appointment as arbitrator.
September 14, 2020	Following appointment by the Claimant, Oscar Garibaldi (Argentine/U.S.) accepts his appointment as arbitrator.
March 31, 2021	Following appointment by the Secretary-General pursuant to the parties’ agreed method, Juliet Blanch (British) accepts her appointment as presiding arbitrator.
March 31, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are : Ms. Juliet Blanch (British), President, appointed by agreement of the parties; Mr. Oscar Garibaldi (Argentine/U.S.), appointed by the Claimant; and Mr. Claus von Wobeser (German/Mexican), appointed by the Respondent.
May 10, 2021	The Tribunal holds a first session by video conference.
June 15, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 2, 2021	The Claimant files a Notice of Additional Claims.
August 28, 2021	The Claimant files a memorial.
February 26, 2022	The Respondent files a counter-memorial.
April 18, 2022	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
May 13, 2022	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 1, 2022	The Claimant files a reply on the merits.
August 3, 2022	The Tribunal issues Procedural Order No. 3 concerning production of documents.
September 21, 2022	The Respondent files a rejoinder on the merits.
November 30, 2022	The Tribunal issues Procedural Order No. 4 concerning document production.
December 15, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
January 3, 2023	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
January 4, 2023	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
January 9, 2023	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
January 16, 2023	The Respondent files observations on the Claimant’s request of January 9, 2023.
January 17, 2023	The Claimant files additional observations on its request of January 9, 2023 on the admissibility of new evidence.
January 25, 2023	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
January 29, 2023	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
January 31, 2023	The Claimant files observations on the Respondent’s request of January 29, 2023, and a request for the Tribunal to decide on the admissibility of new evidence.
February 2, 2023	The Respondent files observations on the Claimant’s request of January 31, 2023.
February 4, 2023	The Tribunal issues Procedural Order No. 8 concerning the admissibility of new evidence.
February 6, 2023 - February 17, 2023	The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
April 17, 2023	The Claimant files a post-hearing brief.
April 17, 2023	The Respondent files a post-hearing brief.
April 18, 2023	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
April 26, 2023	The Claimant files observations on the Respondent’s request of April 18, 2023.
May 10, 2023	The Tribunal issues Procedural Order No. 9 concerning the admissibility of new evidence and procedural matters.
June 2, 2023	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 9, 2023	The Claimant files observations on the Respondent’s request of June 2, 2023.
June 17, 2023	Each party files a reply post-hearing brief.
June 20, 2023	The Tribunal issues Procedural Order No. 10 concerning the admissibility of new evidence.
July 21, 2023	Each parties files a statement of costs.
October 18, 2023	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
November 13, 2023	The Respondent files observations on the Claimant’s request of October 18, 2023.
November 21, 2023	The Tribunal decides on the admissibility of new evidence.
March 1, 2024	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 12, 2024	The Claimant files observations on the Respondent’s request of March 1, 2024.
March 26, 2024	The Tribunal issues Procedural Order No. 11 concerning the admissibility of new evidence.
April 2, 2024	The Respondent files a request for the Tribunal to reconsider Procedural Order No. 11.
April 9, 2024	The Claimant files observations on the Respondent’s request of April 2, 2024.
May 10, 2024	The Tribunal issues Procedural Order No. 12 concerning the Respondent’s request of April 2, 2024.
May 20, 2024	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
May 29, 2024	The Claimant files observations on the Respondent’s request of May 20, 2024.
June 20, 2024	The Tribunal issues Procedural Order No. 13 concerning the Respondent’s request of May 20, 2024.