Case Details

Desarrollo Vial de los Andes S.A.C. v. Republic of Peru (ICSID Case No. ARB/20/18)

Subject of Dispute:

Highway construction project
Economic Sector:

Construction
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Desarrollo Vial de los Andes S.A.C. (Peruvian)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

June 10, 2020
Date of Constitution of Tribunal:

August 11, 2020

Composition of Tribunal

President:

David J. A. CAIRNS (British, New Zealand) - Appointed by the Acting Secretary-General
Arbitrators:

José María ALONSO PUIG (Spanish) - Appointed by the Claimant(s)
Yves DERAINS (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, New York, NY, U.S.A.
Rosselló Abogados, Lima, Peru
Respondent(s):

Comisión Especial que Representa a la República del Perú en Controversias Internacionales de Inversión, Lima, Peru
Foley Hoag, Washington D.C., U.S.A.
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 27, 2024 - The Tribunal renders its award.

(b) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

January 13, 2025

Party Representatives

Claimant(s):

King & Spalding, New York, NY, U.S.A.
Rosselló Abogados, Lima, Peru
Respondent(s):

Comisión Especial que Representa a la República del Perú en Controversias Internacionales de Inversión, Lima, Peru
Foley Hoag, Washington, D.C., U.S.A.
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Pending
Latest Development:

January 13, 2025 -
The Secretary-General registers a request for rectification of the award filed by the Republic of Peru.

No References Available.

(a) Original Proceeding

Date	Development
June 10, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
June 18, 2020	Following appointment by the Claimant, José María Alonso Puig (Spanish) accepts his appointment as arbitrator.
July 1, 2020	Following appointment by the Respondent, Yves Derains (French) accepts his appointment as arbitrator,
August 11, 2020	Following appointment by agreement of the parties, David J.A. Cairns (British/New Zealand) accepts his appointment as presiding arbitrator.
August 11, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: David J.A. Cairns (British/New Zealand), President, appointed by the Secretary-General in accordance with the agreement of the Parties; José María Alonso Puig (Spanish), appointed by the Claimant; and Yves Derains (French), appointed by the Respondent.
September 30, 2020	The Tribunal holds a first session by video conference.
October 7, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 5, 2021	The Claimant files a memorial on the merits.
April 15, 2021	The Respondent files a counter-memorial on the merits, including counter-claims.
June 15, 2021	Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents.
June 30, 2021	The Tribunal issues Procedural Order No. 2 concerning production of documents.
October 28, 2021	The Claimant files a reply on the merits and a counter-memorial on the counter-claims.
February 7, 2022	The Respondent files a rejoinder on the merits and a reply on the counter-claims.
March 16, 2022	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
April 8, 2022	The Claimant files a rejoinder on the counter-claims.
April 26, 2022	The Tribunal holds a pre-hearing organizational meeting with the Parties by video conference.
April 29, 2022	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
June 20, 2022 - June 24, 2022	The Tribunal holds a hearing on jurisdiction and the merits in person in Washington, D.C.
July 5, 2022	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
September 8, 2022	The Tribunal holds the continuation of the hearing on jurisdiction and the merits by video conference.
September 29, 2022	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
December 9, 2022	Each party files a post-hearing brief.
February 1, 2023	Each party files a submission on costs.
October 29, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 27, 2024	The Tribunal renders its award.

(b) Rectification Proceeding

Date	Development
January 13, 2025	The Secretary-General registers a request for rectification of the award filed by the Republic of Peru.