Case Details

Telefónica S.A. v. Republic of Peru (ICSID Case No. ARB/21/10)

Subject of Dispute:

Telecommunications services
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Spain - Peru 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Telefónica S.A. (Spanish)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

March 12, 2021
Date of Constitution of Tribunal:

August 1, 2022

Composition of Tribunal

President:

Luca G. RADICATI DI BROZOLO (British, Italian) - Appointed by the Secretary-General
Arbitrators:

Henri C. ÁLVAREZ (Canadian) - Appointed by the Claimant(s)
Hugo PEREZCANO DIAZ (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Uría Menéndez Abogados, S.L.P., Madrid, Spain
Philippi Prietocarrizosa Ferrero DU & Uría, Lima, Peru
White & Case, Washington, D.C., U.S.A. and Mexico D.F., Mexico
Respondent(s):

Foley Hoag, Washington, D.C., U.S.A.
Special Commission that Represents the Republic of Peru in International Investment Disputes, Lima, Peru
Ministry of Economy and Finances, Lima, Peru
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Pending
Latest Development:

November 9, 2023 -
Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.

No References Available.

(a) Original Proceeding

Date	Development
March 12, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
July 1, 2021	Following appointment by the Claimant, Henri Alvarez (Canadian) accepts his appointment as arbitrator.
August 13, 2021	Following appointment by the Respondent, Hugo Perezcano Díaz (Mexican) accepts his appointment as arbitrator.
July 29, 2022	Following appointment by the Secretary-General pursuant to the parties’ agreed method, Luca G. Radicati Di Brozolo (British/Italian) accepts his appointment as presiding arbitrator.
August 1, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Luca G. Radicati Di Brozolo (British/Italian), President, appointed by the Secretary-General pursuant to the parties’ agreed method; Henri Alvarez (Canadian), appointed by Claimant; and Hugo Perezcano Diaz (Mexican), appointed by the Respondent.
September 29, 2022	The Tribunal holds a first session by video conference.
November 8, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 23, 2022	The Tribunal issues Procedural Order No. 2 concerning procedural calendar.
February 9, 2023	The Claimant files a request for provisional measures.
February 16, 2023	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
March 2, 2023	The Claimant files a memorial on the merits.
March 2, 2023	The Respondent files observations on the Claimant’s request for provisional measures.
March 24, 2023	The Tribunal holds a hearing on the Claimant’s request for provisional measures by video conference.
March 30, 2023	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 7, 2023	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
April 13, 2023	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
May 11, 2023	The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
July 7, 2023	The Tribunal issues a decision on the request for provisional measures; attached to the decision is a concurring opinion by arbitrator Hugo Perezcano Díaz.
September 18, 2023	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
November 9, 2023	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.