Case Details

Lupaka Gold Corp. v. Republic of Peru (ICSID Case No. ARB/20/46)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

FTA Canada - Peru 2009
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Lupaka Gold Corp. (Canadian)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

October 30, 2020
Date of Constitution of Tribunal:

February 19, 2021

Composition of Tribunal

President:

John R. CROOK (U.S.) - Appointed by the Secretary-General
Arbitrators:

Oscar M. GARIBALDI (Argentine, U.S.) - Appointed by the Claimant(s)
Gavan GRIFFITH (Australian) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

John R. CROOK (U.S.) - Appointed by the Secretary-General
Arbitrators:

Jonathan D. SCHILLER (U.S.) - Appointed by the Claimant(s)
Gavan GRIFFITH (Australian) - Appointed by the Respondent(s)
Reconstituted:

April 20, 2022: Oscar M. GARIBALDI (U.S. ,Argentine) appointed following the resignation of Jonathan D. SCHILLER (U.S.)

Party Representatives

Claimant(s):

Lalive, London, U.K. and Geneva, Switzerland
Boies Schiller Flexner, London, U.K.
Respondent(s):

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.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

October 17, 2023 - Each party files a submission on costs.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 1 - Annex A (Revision No. 1)

Procedural Order No. 2

Procedural Order No. 1 - Annex A (Revision No. 2)

Procedural Order No. 1 - Annex A (Revision No. 3)

Procedural Order No. 1 - Annex A (Revision No. 4)

Claimant's Memorial (Redacted)

Witness Statement - Mr. Eric Harrison Edwards

Witness Statement - Mr. Gordon Ellis (Redacted)

Witness Statement - Mr. Julio Félix Castañeda

Witness Statement - Mr. Luis Felipe Bravo

Expert Report - Messrs. Edmond Richards and Erik van Duijvenvoorde of Accuracy

Procedural Order No. 3

Procedural Order No. 1 – Annex A (Revision No. 5)

Republic of Peru’s Memorial on Jurisdiction and Counter-Memorial on the Merits [REDACTED]

Witness Statement of Mr. Andrés Fernando Trigoso Alca (RWS-001) [CORRECTED]

Witness Statement of Mr. Luis Miguel Incháustegui Zevallos (RWS-002) [CORRECTED]

Witness Statement of Mr. Niltón César León Huerta (RWS-003)

Witness Statement of Mr. Esteban Saavedra Mendoza (RWS-004)

Expert Report of Dr. Iván Meini (RER-001) [CORRECTED]

Expert Report of Mr. Daniel Vela (RER-002)

Expert Report of Ms. Isabel Santos and Mr. Alexander Lee of AlixPartners (RER-003)

Canada’s Non-Disputing Party Submission

Procedural Order No. 4

Procedural Order No. 5

Available on the ICSID Website

Procedural Order No. 1 (April 16, 2021) English (Original)

Procedural Order No. 1 - Annex A (Revision No. 1) (June 24, 2021) English (Original)

Procedural Order No. 2 (July 20, 2021) English (Original)

Procedural Order No. 1 - Annex A (Revision No. 2) (September 23, 2021) English (Original)

Procedural Order No. 1 - Annex A (Revision No. 3) (March 16, 2022) English (Original)

Procedural Order No. 1 - Annex A (Revision No. 4) (March 17, 2022) English (Original)

Claimant's Memorial (Redacted) (October 1, 2021) English (Original)

Witness Statement - Mr. Eric Harrison Edwards (October 1, 2021) English (Original)

Witness Statement - Mr. Gordon Ellis (Redacted) (October 1, 2021) English (Original)

Witness Statement - Mr. Julio Félix Castañeda (October 1, 2021) Spanish (Original); English (Translated)

Witness Statement - Mr. Luis Felipe Bravo (October 1, 2021) English (Original)

Expert Report - Messrs. Edmond Richards and Erik van Duijvenvoorde of Accuracy (October 1, 2021) English (Original)

Procedural Order No. 3 (November 9, 2021) English (Original)

Procedural Order No. 1 – Annex A (Revision No. 5) (April 21, 2022) English (Original)

Republic of Peru’s Memorial on Jurisdiction and Counter-Memorial on the Merits [REDACTED] (March 24, 2022) English (Original)

Witness Statement of Mr. Andrés Fernando Trigoso Alca (RWS-001) [CORRECTED] (March 11, 2022) Spanish (Original); English (Translated)

Witness Statement of Mr. Luis Miguel Incháustegui Zevallos (RWS-002) [CORRECTED] (March 6, 2022) Spanish (Original); English (Translated)

Witness Statement of Mr. Niltón César León Huerta (RWS-003) (March 22, 2022) Spanish (Original); English (Translated)

Witness Statement of Mr. Esteban Saavedra Mendoza (RWS-004) (March 15, 2022) Spanish (Original); English (Translated)

Expert Report of Dr. Iván Meini (RER-001) [CORRECTED] (March 22, 2022) Spanish (Original); English (Translated)

Expert Report of Mr. Daniel Vela (RER-002) (March 22, 2022) Spanish (Original); English (Translated)

Expert Report of Ms. Isabel Santos and Mr. Alexander Lee of AlixPartners (RER-003) (March 24, 2022) English (Original)

Canada’s Non-Disputing Party Submission (May 26, 2022) English (Original)

Procedural Order No. 4 (June 2, 2022) English (Original)

Procedural Order No. 5 (July 29, 2022) English (Original)

(a) Original Proceeding

Date	Development
October 30, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
December 15, 2020	Following appointment by the Respondent, Gavan Griffith (Australian) accepts his appointment as arbitrator.
December 16, 2020	Following appointment by the Claimant, Jonathan D. Schiller (U.S.) accepts his appointment as arbitrator.
February 18, 2021	Following appointment by the Secretary-General pursuant to the parties’ agreed method, John R. Crook (U.S.) accepts his appointment as presiding arbitrator.
February 19, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: John R. Crook (U.S.), President, appointed by the Secretary-General pursuant to the parties’ agreed method; Jonathan D. Schiller (U.S.), appointed by the Claimant; and Gavan Griffith (Australian), appointed by the Respondent.
April 13, 2021	The Tribunal holds a first session by video conference.
April 16, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 20, 2021	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
October 1, 2021	The Claimant files a memorial on the merits.
November 9, 2021	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
March 24, 2022	The Respondent files a memorial on jurisdiction and counter-memorial on the merits.
April 11, 2022	Following the resignation of arbitrator Jonathan D. Schiller, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
April 20, 2022	Following the resignation of Jonathan D. Schiller, Oscar M. Garibaldi (Argentine/U.S.) accepts his appointment as arbitrator, appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1).
April 20, 2022	The Tribunal is reconstituted. Its members are: John R. Crook (U.S.), President, appointed by the Secretary-General pursuant to the parties’ agreed method; Oscar M. Garibaldi (Argentine/U.S.), appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1); and Gavan Griffith (Australian), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
May 23, 2022	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
May 26, 2022	Canada files a written submission as a non-disputing party pursuant to Article 832 of the Canada – Peru Free Trade Agreement.
June 2, 2022	The Tribunal issues Procedural Order No. 4 concerning production of documents.
July 29, 2022	The Tribunal issues Procedural Order No. 5 concerning production of documents.
September 23, 2022	The Claimant files a counter-memorial on jurisdiction and reply on the merits.
January 25, 2023	The Respondent files a reply on jurisdiction and rejoinder on the merits.
February 27, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
March 16, 2023	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
March 27, 2023 - April 3, 2023	The Tribunal holds a hearing on jurisdiction and the merits in Washington DC.
June 30, 2023	Each party files a post-hearing brief.
October 17, 2023	Each party files a submission on costs.