(a) Original Proceeding

Published Decisions

Claimant’s Notice of Intent to Commence Arbitration under United States - Peru Trade Promotion Agreement

Claimant’s Notice of Arbitration and Statement of Claim

Respondent's Letter of May 6, 2011 in Response to Claimant's Notice of Arbitration and Statement of Claim of April 4, 2011

Claimant’s Amended Notice of Arbitration and Statement of Claim

Respondent’s Letter of September 9, 2011 in Response to Claimant's Amended Notice of Arbitration and Statement of Claim dated August 9, 2011

Independent Transcript of the First Session prepared by the Respondent

Procedural Order No. 1

Claimant's Memorial on Liability

Respondent’s Notification of Preliminary Objections

Claimant’s Submission Challenging the Scope of Preliminary Objections

Respondent’s Submission on the Scope of Preliminary Objections

Claimant’s Reply on the Scope of Respondent’s Article 10.20(4) Objections

Procedural Order No. 2

First Non-Disputing State Party Submission of the United States of America

Claimant’s Comments on the Non-Disputing State Party Submission of the United States of America

Respondent’s Comments on the Non-Disputing State Party Submission of the United States of America (revised version of October 6, 2014)

Decision as to the Scope of the Respondent’s Preliminary Objections under Article 10.20(4)

Respondent’s Preliminary Objection under Article 10.20.4

Claimant’s Opposition to Respondent’s 10.20(4) Objection

Tribunal’s Decision regarding Respondent’s Request for Relief

Procedural Order No. 3

Procedural Order No. 4

Respondent’s Memorial on Waiver

Claimant’s Supplemental Opposition to Peru’s Preliminary 10.20(4) Objection

Claimant’s Counter-Memorial on Waiver

Respondent’s Reply on Waiver

Claimant’s Rejoinder on Waiver

Second Non-Disputing State Party Submission of the United States of America

Tribunal’s questions

Claimant’s answers to the questions posed by the Tribunal on September 16, 2015

Respondent’s answers to the questions posed by the Tribunal on September 16, 2015

Tribunal’s questions

Claimant’s answers to the questions posed by the Tribunal

Respondent’s answers to the questions posed by the Tribunal on September 27, 2015

Third Non-Disputing State Party Submission of the United States of America

Respondent’s Supplemental Submission on Waiver

Public Hearing on a Preliminary Objection (September 2, 2015)

Claimant’s submission pursuant to the Tribunal’s directions of October 18, 2015

Respondent’s submission pursuant to the Tribunal’s directions of October 18, 2015

Respondent’s Reply on its Preliminary Objection under Article 10.20.4

Claimant’s Rejoinder to Respondent’s Preliminary Objection under Article 10.20.4

Partial Award on Jurisdiction

Claimant’s Submission on Costs

Respondent’s Submission on Costs

Claimant’s Observations on Respondent’s Submission on Costs

Respondent’s Observations on Claimant’s Submission on Costs

Final Award

Available on the ICSID Website

Claimant’s Notice of Intent to Commence Arbitration under United States - Peru Trade Promotion Agreement (December 29, 2010) English (Original)

Claimant’s Notice of Arbitration and Statement of Claim (April 4, 2011) English (Original)

Respondent's Letter of May 6, 2011 in Response to Claimant's Notice of Arbitration and Statement of Claim of April 4, 2011 (May 6, 2011) Spanish (Original)

Claimant’s Amended Notice of Arbitration and Statement of Claim (August 9, 2011) English (Original)

Respondent’s Letter of September 9, 2011 in Response to Claimant's Amended Notice of Arbitration and Statement of Claim dated August 9, 2011 (September 9, 2011) English (Original); Spanish (Original)

Independent Transcript of the First Session prepared by the Respondent (July 18, 2013) English (Original)

Procedural Order No. 1 (August 22, 2013) English (Original); Spanish (Original)

Claimant's Memorial on Liability (February 20, 2014) English (Original); Spanish (Original)

Respondent’s Notification of Preliminary Objections (March 21, 2014) English (Original)

Claimant’s Submission Challenging the Scope of Preliminary Objections (April 3, 2014) English (Original)

Respondent’s Submission on the Scope of Preliminary Objections (April 23, 2014) English (Original); Spanish (Original)

Claimant’s Reply on the Scope of Respondent’s Article 10.20(4) Objections (May 7, 2014) English (Original)

Procedural Order No. 2 (July 31, 2014) English (Original); Spanish (Original)

First Non-Disputing State Party Submission of the United States of America (September 10, 2014) English (Original)

Claimant’s Comments on the Non-Disputing State Party Submission of the United States of America (October 3, 2014) English (Original)

Respondent’s Comments on the Non-Disputing State Party Submission of the United States of America (revised version of October 6, 2014) (October 6, 2014) English (Original); Spanish (Original)

Decision as to the Scope of the Respondent’s Preliminary Objections under Article 10.20(4) (December 18, 2014) English (Original); Spanish (Original)

Respondent’s Preliminary Objection under Article 10.20.4 (February 21, 2015) English (Original); Spanish (Original)

Claimant’s Opposition to Respondent’s 10.20(4) Objection (April 17, 2015) English (Original); Spanish (Original)

Tribunal’s Decision regarding Respondent’s Request for Relief (June 2, 2015) English (Original); Spanish (Original)

Procedural Order No. 3 (June 20, 2015) English (Original); Spanish (Original)

Procedural Order No. 4 (July 6, 2015) English (Original); Spanish (Original)

Respondent’s Memorial on Waiver (July 10, 2015) English (Original); Spanish (Original)

Claimant’s Supplemental Opposition to Peru’s Preliminary 10.20(4) Objection (July 30, 2015) English (Original); Spanish (Original)

Claimant’s Counter-Memorial on Waiver (August 10, 2015) English (Original)

Respondent’s Reply on Waiver (August 17, 2015) English (Original)

Claimant’s Rejoinder on Waiver (August 24, 2015) English (Original); Spanish (Original)

Second Non-Disputing State Party Submission of the United States of America (September 1, 2015) English (Original)

Tribunal’s questions (September 16, 2015) English (Original)

Claimant’s answers to the questions posed by the Tribunal on September 16, 2015 (September 23, 2015) English (Original)

Respondent’s answers to the questions posed by the Tribunal on September 16, 2015 (September 23, 2015) English (Original); Spanish (Original)

Tribunal’s questions (September 27, 2015) English (Original)

Claimant’s answers to the questions posed by the Tribunal (September 30, 2015) English (Original)

Respondent’s answers to the questions posed by the Tribunal on September 27, 2015 (September 30, 2015) English (Original); Spanish (Original)

Third Non-Disputing State Party Submission of the United States of America (October 11, 2015) English (Original)

Respondent’s Supplemental Submission on Waiver (October 17, 2015) English (Original); Spanish (Original)

Claimant’s submission pursuant to the Tribunal’s directions of October 18, 2015 (October 23, 2015) English (Original)

Respondent’s submission pursuant to the Tribunal’s directions of October 18, 2015 (October 24, 2015) English (Original)

Respondent’s Reply on its Preliminary Objection under Article 10.20.4 (October 28, 2015) English (Original); Spanish (Original)

Claimant’s Rejoinder to Respondent’s Preliminary Objection under Article 10.20.4 (November 24, 2015) English (Original); Spanish (Original)

Partial Award on Jurisdiction (July 15, 2016) English (Original); Spanish (Original)

Claimant’s Submission on Costs (August 15, 2016) English (Original)

Respondent’s Submission on Costs (August 15, 2016) English (Original)

Claimant’s Observations on Respondent’s Submission on Costs (September 9, 2016) English (Original)

Respondent’s Observations on Claimant’s Submission on Costs (September 9, 2016) English (Original)

Final Award (November 9, 2016) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
April 8, 2013	The Tribunal is constituted in accordance with the UNCITRAL Arbitration Rules (2010) and Chapter Ten of the United States - Peru Trade Promotion Agreement signed on April 12, 2006. Its members are: Michael J. Moser (Austrian), President, appointed by agreement of the parties; L. Yves Fortier (Canadian), appointed by the Claimant; and Toby Landau, appointed by the Respondent.
July 18, 2013	The Tribunal holds a first session in London.
July 29, 2013	Each party files answers to questions posed by the Tribunal during the first session.
August 22, 2013	The Tribunal issues Procedural Order No. 1.
February 20, 2014	The Claimant files a memorial on liability.
March 21, 2014	The Respondent files a notice of intent to file preliminary objections pursuant to Article 10.20.4 of the United States - Peru Trade Promotion Agreement.
April 3, 2014	The Claimant files observations on the Respondent’s submission of March 21, 2014.
April 23, 2014	The Respondent files a submission on the scope of preliminary objections.
May 7, 2014	The Claimant files observations on the Respondent’s submission of April 23, 2014.
July 31, 2014	The Tribunal issues Procedural Order No. 2 concerning a non-disputing party's written submission pursuant to Article 10.20.2 of the United States - Peru Trade Promotion Agreement.
September 10, 2014	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.
October 3, 2014	The Claimant files observations on the non-disputing State Party’s written submission.
October 4, 2014	The Respondent files observations on the non-disputing State Party’s written submission.
December 18, 2014	The Tribunal issues a decision on the scope of preliminary objections pursuant to Article 10.20.4 of the United States - Peru Trade Promotion Agreement.
February 21, 2015	The Respondent files preliminary objections pursuant to Article 10.20.4 of the United States - Peru Trade Promotion Agreement.
April 17, 2015	The Claimant files observations on the Respondent’s preliminary objections pursuant to Article 10.20.4 of the United States - Peru Trade Promotion Agreement.
April 30, 2015	The Respondent files a request for relief.
May 5, 2015	The Claimant files observations on the Respondent’s request of April 30, 2015.
May 19, 2015	The Respondent files a response to the Claimant’s observations of May 5, 2015.
June 2, 2015	The Tribunal issues a decision on the Respondent’s requests for relief.
June 10, 2015	The Claimant files a request for reconsideration of the Tribunal’s decision of June 2, 2015.
June 17, 2015	The Respondent files observations on the Claimant’s request of June 10, 2015.
June 20, 2015	The Tribunal issues Procedural Order No. 3 concerning the Claimant’s request of June 10, 2015.
July 6, 2015	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
July 10, 2015	The Respondent files a memorial on the waiver pursuant to Article 23(3) of the UNCITRAL Arbitration Rules and Article 10.18.2 of the United States - Peru Trade Promotion Agreement.
July 30, 2015	The Claimant files further observations on the Respondent’s preliminary objections pursuant to Article 10.20.4 of the United States - Peru Trade Promotion Agreement.
August 10, 2015	The Claimant files a counter-memorial on the Respondent’s waiver objection pursuant to Article 23(3) of the UNCITRAL Arbitration Rules and Article 10.18.2 of the United States - Peru Trade Promotion Agreement.
August 17, 2015	The Respondent files a reply on the waiver objection pursuant to Article 23(3) of the UNCITRAL Arbitration Rules and Article 10.18.2 of the United States - Peru Trade Promotion Agreement.
August 24, 2015	The Claimant files a rejoinder on the Respondent’s waiver objection pursuant to Article 23(3) of the UNCITRAL Arbitration Rules and Article 10.18.2 of the United States - Peru Trade Promotion Agreement.
September 1, 2015	The United States of America files a second written submission as a non-disputing State Party pursuant to Article 10.20.2 of the United States - Peru Trade Promotion Agreement.
September 2, 2015	The Tribunal holds a hearing on the Respondent’s waiver objection pursuant to Article 23(3) of the UNCITRAL Arbitration Rules and Article 10.18.2 of the United States - Peru Trade Promotion Agreement in Washington, D.C.
September 16, 2015	The Tribunal poses questions to the parties.
September 23, 2015	Each party files answers to the questions posed by the Tribunal on September 16, 2015.
September 27, 2015	The Tribunal poses further questions to the parties.
September 30, 2015	Each party files answers to the questions posed by the Tribunal on September 27, 2015.
October 11, 2015	The United States of America files a third written submission as a non-disputing State Party pursuant to Article 10.20.2 of the United States - Peru Trade Promotion Agreement.
October 17, 2015	The Respondent files a supplemental submission on the waiver objection pursuant to Article 23(3) of the UNCITRAL Arbitration Rules and Article 10.18.2 of the United States - Peru Trade Promotion Agreement.
October 18, 2015	The Tribunal issues directions concerning the conduct of the proceedings.
October 23, 2015	The Claimant files observations on the United States of America submission of October 11, 2015 and on Respondent’s submission of October 17, 2015, pursuant to the Tribunal’s directions of October 18, 2015.
October 24, 2015	The Respondent files observations on the United States of America submission of October 11, 2015, pursuant to the Tribunal’s directions of October 18, 2015.
October 28, 2015	The Respondent files a reply on preliminary objections pursuant to Article 10.20.4 of the United States - Peru Trade Promotion Agreement.
November 24, 2015	The Claimant files a rejoinder on the Respondent’s preliminary objections pursuant to Article 10.20.4 of the United States - Peru Trade Promotion Agreement.
July 15, 2016	The Tribunal renders its partial award.
August 15, 2016	Each party files a submission on costs.
September 9, 2016	Each party files observations on the other party’s submission on costs.
November 9, 2016	The Tribunal renders its final award.