Case Details

Enagás Internacional S.L.U. v. Republic of Peru (ICSID Case No. ARB/21/65)

Subject of Dispute:

Natural gas project
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Spain - Peru 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Enagás Internacional S.L.U. (Spanish)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

December 23, 2021
Date of Constitution of Tribunal:

December 5, 2022

Composition of Tribunal

President:

Lawrence COLLINS (British) - Appointed by the Parties
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
Mónica PINTO (Argentine) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Lawrence COLLINS (British) - Appointed by the Parties
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Mónica PINTO (Argentine) - Appointed by the Respondent(s)
Reconstituted:

January 24, 2024: John BEECHEY (British) appointed following the resignation of Guido Santiago TAWIL (Portuguese ,Argentine)

Party Representatives

Claimant(s):

Linklaters, Madrid, Spain and Washington, D.C., U.S.A.
CMS-GRAU, Lima, Peru
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 28, 2024 - December 31, 2024 - The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.

No References Available.

(a) Original Proceeding

Date	Development
December 23, 2021	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 6, 2022	Following appointment by the Claimant, Dr. Guido Santiago Tawil (Argentine/Portuguese) accepts his appointment as arbitrator.
July 5, 2022	Following appointment by the Respondent, Prof. Mónica Pinto (Argentine) accepts her appointment as arbitrator.
December 5, 2022	Following appointment by agreement of the parties, Lawrence A. Collins (British) accepts his appointment as presiding arbitrator.
December 5, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Lawrence A. Collins (British), President, appointed by agreement of the parties; Guido Santiago Tawil (Argentine/Portuguese), appointed by Claimant; and Mónica Pinto (Argentine), appointed by Respondent.
January 25, 2023	The Tribunal holds a first session by video conference.
February 9, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 1, 2023	The Claimant files a memorial on the merits.
October 6, 2023	The Respondent files a counter-memorial on the merits.
December 4, 2023	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
December 24, 2023	Following the resignation of arbitrator Guido Tawil, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
December 24, 2023	The Tribunal consents to the resignation of arbitrator Guido Tawil pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
January 24, 2024	The Tribunal is reconstituted. Its members are: Lawrence Collins (British), President, appointed by agreement of the parties; John Beechey (British), appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1); and Mónica Pinto (Argentine) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
January 24, 2024	Following the resignation of Guido Tawil, John Beechey (British) accepts his appointment as arbitrator, appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1).
March 18, 2024	The Tribunal issues Procedural Order No. 3 concerning production of documents.
April 17, 2024	The Claimant files a reply on the merits.
September 16, 2024	The Respondent files a rejoinder on the merits.
October 28, 2024 - December 31, 2024	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
December 18, 2024	Each party files a post-hearing brief.