Case Details

APM Terminals Callao S.A. v. Republic of Peru (ICSID Case No. ARB/21/28)

Subject of Dispute:

Pier concession agreement
Economic Sector:

Transportation
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

APM Terminals Callao S.A. (Peruvian)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

May 19, 2021
Date of Constitution of Tribunal:

October 25, 2021

Composition of Tribunal

President:

Alexis MOURRE (French) - Appointed by the Parties
Arbitrators:

Andrés JANA LINETZKY (Chilean, Portuguese) - Appointed by the Claimant(s)
Eduardo SIQUEIROS T (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Miranda & Amado, Lima, Peru
Chaffetz Lindsey , New York, NY, U.S.A.
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.
Estudio Navarro & Pazos Abogados, Lima, Peru
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 17, 2024 - The Tribunal renders its Award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

April 23, 2025
Date of Constitution of ad hoc Committee:

July 16, 2025

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Manuel CONTHE (Spanish)
Members:

Milton Estuardo ARGUETA PINTO (Guatemalan)
Mélanie RIOFRIO PICHÉ (Canadian, Ecuadorian)

Party Representatives

Claimant(s):

Miranda & Amado Abogados, Lima, Peru
Chaffetz Lindsey, New York, NY, U.S.A.
Respondent(s):

Comisión Especial que Representa al Estado en Controversias Internacionales de Inversión, Lima, Peru
Foley Hoag, Washington D.C., U.S.A.
Steck Tapia Collantes Abogados, Lima, Peru
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Pending
Latest Development:

December 12, 2025 - The Republic of Peru files a memorial on annulment.

No References Available.

(a) Original Proceeding

Date	Development
May 19, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
August 27, 2021	Following appointment by the Claimant, Andrés Jana Linetzky (Chilean) accepts his appointment as arbitrator.
September 1, 2021	Following appointment by the Respondent, Eduardo Siqueiros T. (Mexican) accepts his appointment as arbitrator.
October 25, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Alexis Mourre (French), President, appointed by agreement of the parties; Andrés Jana Linetzky (Chilean), appointed by the Claimant; and Eduardo Siqueiros T. (Mexican), appointed by the Respondent.
October 25, 2021	Following appointment by agreement of the parties, Alexis Mourre (French) accepts his appointment as presiding arbitrator.
November 29, 2021	The proceeding is suspended until February 6, 2022, pursuant to the parties’ agreement.
February 7, 2022	The proceeding is resumed pursuant to the parties’ agreement.
April 5, 2022	The Tribunal holds a first session by video conference.
April 7, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 2, 2022	The Claimant files a memorial on the merits.
February 3, 2023	The Respondent files a counter-memorial on the merits and memorial on jurisdiction.
April 3, 2023	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
April 20, 2023	The Tribunal issues Procedural Order No. 2 concerning production of documents.
May 25, 2023	The Tribunal issues Procedural Order No. 3 concerning production of documents.
June 14, 2023	The Tribunal issues Procedural Order No. 4 concerning production of documents.
July 4, 2023	The Claimant files a reply on the merits and counter-memorial on jurisdiction.
October 24, 2023	The Respondent files a rejoinder on the merits and reply on jurisdiction.
December 14, 2023	The Claimant files a rejoinder on jurisdiction.
January 8, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
January 9, 2024	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
January 15, 2024	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
January 17, 2024	The Claimant files observations on the Respondent’s request of January 15, 2024.
January 22, 2024	The Tribunal decides on the Respondent’s request of January 15, 2024.
January 22, 2024 - January 29, 2024	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
June 1, 2024	Each party files a post-hearing brief.
October 22, 2024	Each party files a statement of costs.
December 17, 2024	The Tribunal renders its Award.

(b) Annulment Proceeding

Date	Development
April 23, 2025	The Secretary-General registers an application for partial annulment of the award filed by the Republic of Peru and notifies the parties of the provisional stay of enforcement of the award.
July 16, 2025	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Manuel Conthe (Spanish), President; Milton Estuardo Argueta Pinto (Guatemalan); and Mélanie Riofrio Piché (Ecuadorian/Canadian); all members appointed by the Chairman of the Administrative Council.
August 7, 2025	The Republic of Peru files a request to continue the stay of enforcement of the award.
August 28, 2025	APM Terminals Callao S.A. files observations on the Republic of Peru ’s request to continue the stay of enforcement of the award.
September 8, 2025	The ad hoc Committee holds a first session and hearing on stay of enforcement by video conference.
September 12, 2025	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
September 16, 2025	The Republic of Peru files a request for the ad hoc Committee to decide on the admissibility of new evidence.
September 23, 2025	APM Terminals Callao S.A. files observations on the Republic of Peru’s request of September 16, 2025.
October 2, 2025	The ad hoc Committee issues a decision concerning the request for continuation of the stay of enforcement of the award.
October 9, 2025	The ad hoc Committee decides on the Republic of Peru’s request of September 16, 2025.
December 12, 2025	The Republic of Peru files a memorial on annulment.