Case Details
Kaloti Metals & Logistics, LLC v. Republic of Peru (ICSID Case No. ARB/21/29)
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Precious metals trading
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Services & Trade
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United States of America - Peru Trade Promotion Agreement (TPA)
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ICSID Convention - Arbitration Rules
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Kaloti Metals & Logistics, LLC (U.S.)
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Republic of Peru (Peruvian)
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May 20, 2021
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September 21, 2021
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Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Parties
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José Carlos FERNÁNDEZ ROZAS (Spanish) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s) -
WDA Legal, Miami, FL, U.S.A.
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Arnold & Porter Kaye Scholer, Washington, DC, U.S.A. and London, U.K.
Dirección General de Asuntos de Economía Internacional, Competencia e Inversión Privada, Ministerio de Economía y Finanzas, Lima, Peru -
English,Spanish
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Concluded
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May 14, 2024 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Claimant’s Notice of Intent
Claimant’s Request for Arbitration
Procedural Order No. 1
Claimant’s Memorial
Claimant’s Notice of Intent
Claimant’s Request for Arbitration
Claimant’s Memorial on the Merits
Respondent’s Memorial on Jurisdiction and Counter Memorial on the Merits
Claimant’s Counter-Memorial on Jurisdiction and Reply on the Merits
Respondent’s Reply on Jurisdiction and Rejoinder on Merits
Hearing Transcript – Day 1
Hearing Transcript – Day 2
Hearing Transcript – Day 3
Hearing Transcript – Day 4
Hearing Transcript – Day 5
Hearing Transcript – Day 6
Available on the ICSID Website
Claimant’s Notice of Intent (April 8, 2019) English (Original)
Claimant’s Request for Arbitration (April 30, 2021) English (Original)
Procedural Order No. 1 (October 28, 2021) English (Original); Spanish (Original)
Claimant’s Memorial (March 16, 2022) English (Original)
Claimant’s Notice of Intent (April 8, 2019) English (Original)
Claimant’s Request for Arbitration (April 30, 2021) English (Original)
Claimant’s Memorial on the Merits (March 16, 2022) English (Original)
Respondent’s Memorial on Jurisdiction and Counter Memorial on the Merits (August 5, 2022) English (Original)
Claimant’s Counter-Memorial on Jurisdiction and Reply on the Merits (January 13, 2023) English (Original)
Respondent’s Reply on Jurisdiction and Rejoinder on Merits (May 12, 2023) English (Original)
Hearing Transcript – Day 1 (July 24, 2023) English (Original); Spanish (Original)
Hearing Transcript – Day 2 (July 25, 2023) English (Original); Spanish (Original)
Hearing Transcript – Day 3 (July 26, 2023) English (Original); Spanish (Original)
Hearing Transcript – Day 4 (July 27, 2023) English (Original); Spanish (Original)
Hearing Transcript – Day 5 (July 28, 2023) English (Original); Spanish (Original)
Hearing Transcript – Day 6 (July 29, 2023) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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May 20, 2021 | The Secretary-General registers a request for the institution of arbitration proceedings. |
June 23, 2021 | Following appointment by the Claimant, José Carlos Fernández Rozas (Spanish) accepts his appointment as arbitrator. |
August 4, 2021 | Following appointment by the Respondent, Rolf Knieper (German) accepts his appointment as arbitrator. |
September 21, 2021 | Following appointment by agreement of the parties, Donald McRae (Canadian/New Zealander) accepts his appointment as presiding arbitrator. |
September 21, 2021 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Donald McRae (Canadian/New Zealander), President, appointed by agreement of the parties; José Carlos Fernández-Rozas (Spanish), appointed by the Claimant; and Rolf Knieper (German), appointed by the Respondent. |
October 27, 2021 | The Tribunal holds a first session by video conference. |
October 28, 2021 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
March 16, 2022 | The Claimant files a memorial on the merits. |
August 5, 2022 | The Respondent files a request for security for costs. |
August 5, 2022 | The Respondent files a counter-memorial on the merits and a memorial on jurisdiction. |
September 12, 2022 | The Claimant files observations on the Respondent’s request for security for costs. |
September 14, 2022 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
September 26, 2022 | The Respondent files a response to the Claimant’s observations of September 12, 2022. |
September 28, 2022 | The Tribunal issues Procedural Order No. 2 concerning production of documents. |
October 11, 2022 | The Claimant files further observations on the Respondent’s response of September 26, 2022. |
October 24, 2022 | The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request for security for costs. |
January 13, 2023 | The Claimant files a counter-memorial on jurisdiction and a reply on the merits. |
May 12, 2023 | The Respondent files a reply on jurisdiction and a rejoinder on merits. |
May 26, 2023 | The United States of America files a written submission as a non-disputing State Party pursuant to Article 10.20.2 of the United States - Peru Trade Promotion Agreement. |
June 22, 2023 | The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing. |
July 24, 2023 - July 29, 2023 | The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
September 13, 2023 | Each party files a statement of costs. |
April 26, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
May 14, 2024 | The Tribunal renders its award. |