(a) Original Proceeding

Published Decisions

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

Claimants’ Amended Notice of Intent to Commence Arbitration under United States - Peru Trade Promotion Agreement

Claimants’ Notice of Arbitration and Statement of Claim

Respondent’s Response

Claimants’ Amended Notice of Arbitration and Statement of Claim

Claimants’ Second Amended Notice of Arbitration and Statement of Claim

Respondent’s Response

Terms of Appointment

Claimants’ Observations on Point of Contact and Non – Aggravation Measures

Respondent’s Observations on Point of Contact and Non – Aggravation Measures

Claimants’ Responses on Point of Contact and Non – Aggravation Measures

Respondent’s Responses on Point of Contact and Non – Aggravation Measures

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Claimants’ Third Amended Notice of Arbitration and Statement of Claim

Procedural Order No. 4

Procedural Order No. 5

Respondent’s Statement of Defense

Procedural Order No. 6

Annex A to Procedural Order No. 6

Annex B to Procedural Order No. 6

Procedural Order No. 7

REDACTED Statement of Reply and Answer to Objections - 21 May 2019, CORRECTED 9 July 2019

Procedural Calendar

Procedural Order No. 8

United States of America Written Submission pursuant to Article 10.20.2 of the TPA

Procedural Order No. 9

REDACTED Statement of Rejoinder

Procedural Calendar

REDACTED Rejoinder to Respondent’s Objections to Jurisdiction

Procedural Order No. 10

Annex A to Procedural Order No. 10

Annex B to Procedural Order No. 10

Procedural Order No. 11

Hearing Transcripts (February 7-14, 2020)

REDACTED Respondent’s Post-Hearing Brief on Jurisdiction

REDACTED Claimants’ Post-Hearing Brief on Merits and Remedies

REDACTED Respondent’s Post-Hearing Brief on Merits and Remedies

REDACTED Claimants’ Post-Hearing Brief on Jurisdiction

Procedural Order No. 12

Closing Arguments Day 1 - Video REDACTED (November 17, 2020)

Closing Arguments Day 2 - Video REDACTED (November 18, 2020)

Closing Arguments Day 1 – Transcript REDACTED

Closing Arguments Day 2 – Transcript REDACTED

REDACTED Award

Available on the ICSID Website

Claimants’ Notice of Intent to Commence Arbitration under United States - Peru Trade Promotion Agreement (February 1, 2016) English (Original)

Claimants’ Amended Notice of Intent to Commence Arbitration under United States - Peru Trade Promotion Agreement (April 15, 2016) English (Original); Spanish (Original)

Claimants’ Notice of Arbitration and Statement of Claim (June 2, 2016) English (Original); Spanish (Original)

Respondent’s Response (July 5, 2016) English (Original); Spanish (Original)

Claimants’ Amended Notice of Arbitration and Statement of Claim (July 18, 2016) English (Original)

Claimants’ Second Amended Notice of Arbitration and Statement of Claim (August 5, 2016) English (Original)

Respondent’s Response (September 6, 2016) English (Original); Spanish (Original)

Terms of Appointment (May 22, 2018) English (Original)

Claimants’ Observations on Point of Contact and Non – Aggravation Measures (June 1, 2018) English (Original); Spanish (Original)

Respondent’s Observations on Point of Contact and Non – Aggravation Measures (June 1, 2018) English (Original); Spanish (Original)

Claimants’ Responses on Point of Contact and Non – Aggravation Measures (June 15, 2018) English (Original); Spanish (Original)

Respondent’s Responses on Point of Contact and Non – Aggravation Measures (June 15, 2018) English (Original); Spanish (Original)

Procedural Order No. 1 (June 29, 2018) English (Original)

Procedural Order No. 2 (June 29, 2018) English (Original)

Procedural Order No. 3 (July 12, 2018) English (Original)

Claimants’ Third Amended Notice of Arbitration and Statement of Claim (July 13, 2018) English (Original)

Procedural Order No. 4 (July 25, 2018) English (Original)

Procedural Order No. 5 (August 29, 2018) English (Original)

Respondent’s Statement of Defense (December 14, 2018) English (Original)

Procedural Order No. 6 (March 8, 2019) English (Original)

Annex A to Procedural Order No. 6 (March 8, 2019) English (Original)

Annex B to Procedural Order No. 6 (March 8, 2019) English (Original)

Procedural Order No. 7 (May 10, 2019) English (Original)

REDACTED Statement of Reply and Answer to Objections - 21 May 2019, CORRECTED 9 July 2019 (May 21, 2019) English (Original); Spanish (Original)

Procedural Calendar (May 22, 2019) English (Original)

Procedural Order No. 8 (June 7, 2019) English (Original)

United States of America Written Submission pursuant to Article 10.20.2 of the TPA (June 21, 2019) English (Original)

Procedural Order No. 9 (July 20, 2019) English (Original)

REDACTED Statement of Rejoinder (September 13, 2019) English (Original); Spanish (Original)

Procedural Calendar (November 8, 2019) English (Original)

REDACTED Rejoinder to Respondent’s Objections to Jurisdiction (November 13, 2019) English (Original); Spanish (Original)

Procedural Order No. 10 (January 28, 2020) English (Original)

Annex A to Procedural Order No. 10 (January 28, 2020) English (Original)

Annex B to Procedural Order No. 10 (January 28, 2020) English (Original)

Procedural Order No. 11 (April 16, 2020) English (Original)

Hearing Transcripts (February 7-14, 2020) (February 7, 2020) English (Original); Spanish (Original)

REDACTED Respondent’s Post-Hearing Brief on Jurisdiction (July 1, 2020) English (Original); Spanish (Original)

REDACTED Claimants’ Post-Hearing Brief on Merits and Remedies (July 1, 2020) English (Original); Spanish (Original)

REDACTED Respondent’s Post-Hearing Brief on Merits and Remedies (August 31, 2020) English (Original); Spanish (Original)

REDACTED Claimants’ Post-Hearing Brief on Jurisdiction (August 31, 2020) English (Original); Spanish (Original)

Procedural Order No. 12 (November 5, 2020) English (Original)

Closing Arguments Day 1 – Transcript REDACTED (November 17, 2020) English (Original)

Closing Arguments Day 2 – Transcript REDACTED (November 18, 2020) English (Original)

REDACTED Award (December 6, 2022) English (Original)

(a) Original Proceeding

Date	Development
February 13, 2018	The Tribunal is constituted in accordance with the UNCITRAL Arbitration Rules (2013) and Chapter Ten of the United States - Peru Trade Promotion Agreement signed on April 12, 2006, and which entered into force on February 1, 2009. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by the Secretary-General; Stephen L. Drymer (Canadian), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
May 4, 2018	The Tribunal holds a first session by telephone conference.
May 22, 2018	The Tribunal and the parties execute the terms of appointment.
June 1, 2018	Each party files observations on the issues of point of contact and non-aggravation measures.
June 15, 2018	Each party files responses to the observations of June 1, 2018.
June 29, 2018	The Tribunal issues Procedural Order No. 1.
June 29, 2018	The Tribunal issues Procedural Order No. 2.
July 12, 2018	The Tribunal issues Procedural Order No. 3.
July 13, 2018	The Claimants file a third amended notice of arbitration and a statement of claim.
July 25, 2018	The Tribunal issues Procedural Order No. 4.
August 29, 2018	The Tribunal issues Procedural Order No. 5.
December 14, 2018	The Respondent files a statement of defense.
March 8, 2019	The Tribunal issues Procedural Order No. 6 concerning production of documents.
May 10, 2019	The Tribunal issues Procedural Order No. 7 concerning production of documents.
May 21, 2019	The Claimants file a statement of reply and answer to objections.
June 7, 2019	The Tribunal issues Procedural Order No. 8.
June 21, 2019	The United States of America files a written submission as a non-disputing party pursuant to Article 10.20.2 of the FTA Peru – United States of America.
July 20, 2019	The Tribunal issues Procedural Order No. 9.
September 13, 2019	The Respondent files a statement of rejoinder.
November 14, 2019	The Claimants file a Rejoinder to Respondent’s Objections to Jurisdiction.
January 8, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
January 28, 2020	The Tribunal issues Procedural Order No. 10 concerning the organization of the Hearing.
February 7, 2020 - February 14, 2020	The Tribunal holds a hearing on jurisdiction, merits and quantum in Washington, D.C.
April 16, 2020	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
July 1, 2020	Each party files a post-hearing brief.
August 31, 2020	Each party files a second post-hearing brief.
November 5, 2020	The Tribunal issues Procedural Order No. 12 concerning the organization of the hearing.
November 17, 2020 - November 18, 2020	The Tribunal holds post-hearing oral arguments by video conference.
January 11, 2021	Each party files a statement of costs.
December 6, 2022	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Brigitte Stern.