Case Details

Metro de Lima Línea 2 S.A. v. Republic of Peru (ICSID Case No. ARB/17/3)

Subject of Dispute:

Metro concession agreement
Economic Sector:

Transportation
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Metro de Lima Línea 2 S.A. (Peruvian)
Respondent(s):

Republic of Peru (Peruvian)
Date Registered:

February 1, 2017
Date of Constitution of Tribunal:

July 10, 2017

Composition of Tribunal

President:

David J. A. CAIRNS (British, New Zealand) - Appointed by the Parties
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Jose Emilio NUNES PINTO (Brazilian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Cuatrecasas, Madrid, Spain
Respondent(s):

Foley Hoag, Washington, D.C., U.S.A.
Ministerio de Economía y Finanzas, Lima, Peru
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Pending
Latest Development:

September 20, 2019 - Each party files a post-hearing brief.

No References Available.

(a) Original Proceeding

Date	Development
February 1, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
April 15, 2017	Following appointment by the Claimant, Guido Santiago Tawil (Argentine) accepts his appointment as arbitrator.
April 21, 2017	Following appointment by the Respondent, José Emilio Nunes Pinto (Brazilian) accepts his appointment as arbitrator.
July 10, 2017	Following appointment by agreement of the parties, David J.A. Cairns (British/New Zealand) accepts his appointment as presiding arbitrator.
July 10, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: David J.A. Cairns ((British/New Zealand), President, appointed by agreement of the parties; Guido Santiago Tawil (Argentine), appointed by the Claimant; and José Emilio Nunes Pinto (Brazilian), appointed by the Respondent.
September 1, 2017	The Tribunal holds a first session by telephone conference.
September 25, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 23, 2018	The Claimant files a memorial on the merits.
May 30, 2018	The Respondent files a counter-memorial on the merits.
November 19, 2018	The Claimant files a reply on the merits.
November 19, 2018	The Claimant files a request for provisional measures.
December 6, 2018	The Tribunal issues Procedural Order No. 2 concerning production of documents.
February 1, 2019	The Tribunal issues Procedural Order No. 3 concerning provisional measures.
February 18, 2019	The Respondent files a rejoinder on the merits.
March 19, 2019	The Tribunal issues Procedural Order No. 4 concerning a site visit.
March 28, 2019 - March 29, 2019	The Tribunal and the parties visit the places connected with the dispute pursuant to ICSID Arbitration Rule 37(1).
April 4, 2019	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
April 10, 2019	The Tribunal issues Procedural Order No. 5. concerning the site visit of March 28-29, 2019.
April 11, 2019	The Respondent files observations on the Claimant’s request of April 4, 2019.
April 23, 2019	The Tribunal issues a decision on the admissibility of new evidence.
April 26, 2019	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
May 6, 2019 - May 16, 2019	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
May 23, 2019	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
June 19, 2019	Each party files answers to questions posed by the Tribunal during the hearing on jurisdiction and the merits.
July 12, 2019	Each party files further answers to questions posed by the Tribunal during the hearing on jurisdiction and the merits.
September 20, 2019	Each party files a post-hearing brief.