Arbitral Digest

Matter

Industria Nacional de Alimentos, S.A. and Indalsa Perú, S.A. (formerly Empresas Lucchetti, S.A. and Lucchetti Perú, S.A.) v. Republic of Peru (ICSID Case No. ARB/03/4)

Case no.
ARB/03/4
  1. 7 February 2005Arbitration

    7 February 2005Arbitration

    Award of the Tribunal dated 7 February 2005

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal held that it had no jurisdiction to hear the merits of the claim. Each party was ordered to pay one half of the arbitration costs and bear its own legal costs.

    Supporting details

    9 authorities · 7 participants
    Industria Nacional de Alimentos, S.A.
    Indalsa Peru, S.A.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jan Paulsson
    Institutional administrator
    Gabriela Alvarez Avila

    Authorities cited

    9
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Peru-Chile Bilateral Investment Treaty (Peru-Chile BIT)
      statute
    • Maffezini v. Spain (ICSID Case No. ARB/97/7)
      case-law
    • Asian Agricultural Products, Limited v. Sri Lanka (ICSID Case No. ARB/87/3)
      case-law
    • Bilateral Investment Treaty between the Republic of Peru and the Republic of Chile (Peru-Chile BIT)
      statute
    • Mavrommatis Palestine Concessions (Greece v. United Kingdom), Judgment, 30 August 1924, 1924 PCIJ (ser. A), No. 2
      case-law
    • CMS Gas Transmission Co. v. Argentina (ICSID Case No. ARB/01/8, Decision of the Tribunal on Objections to Jurisdiction, 17 July 2003)
      case-law
    • Maffezini v. Spain (ICSID Case No. ARB/97/7, Decision on Jurisdiction)
      case-law
    • Asian Agricultural Products, Limited v. Sri Lanka (ICSID Case No. ARB/87/3, Award, 1991)
      case-law

    2 years, 6 months and 29 days later · 940 days

  2. 5 September 2007Arbitration

    5 September 2007Arbitration

    Decision on Annulment dated 5 September 2007

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee rejected the application for annulment of the Tribunal's Award under Article 52(1) of the ICSID Convention. Each party was to bear its own legal representation costs and expenses and pay half of the committee members' fees and expenses and the Centre's administrative fees.

    Supporting details

    5 authorities · 7 participants
    Industria Nacional de Alimentos, S.A.
    Indalsa Peru, S.A.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Hans Danelius
    Arbitrator
    Franklin Berman
    Arbitrator
    Andrea Giardina
    Institutional administrator
    Gabriela Alvarez Avila

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Vienna Convention on the Law of Treaties
      statute
    • Bilateral Investment Treaty between the Republic of Peru and the Republic of Chile (Peru-Chile BIT)
      statute
    • Maritime International Nominees Establishment v. Republic of Guinea (ICSID Case, Decision of 22 December 1989)
      case-law
    • Compania de Aguas del Aconquija S.A. and Vivendi Universal v. Argentine Republic (ICSID Case, Decision on Annulment, 3 July 2002)
      case-law

    2 months and 25 days later · 86 days

  3. 30 November 2007Arbitration

    30 November 2007Arbitration

    Decision on Rectification of the Decision on Annulment dated 30 November 2007

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee unanimously granted Peru's request for rectification and amended the respondent paragraph of the Decision on Annulment to state that Judge Stephen M. Schwebel acted independently of the Sidley Austin legal team. The decision constituted an integral part of the Decision on Annulment.

    Supporting details

    1 authority · 6 participants
    Republic of Peru
    Industria Nacional de Alimentos, S.A.
    Indalsa Peru, S.A.
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Hans Danelius
    Arbitrator
    Franklin Berman
    Arbitrator
    Andrea Giardina

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
  4. Date not availableArbitration

    Date not availableArbitration

    Dissenting Opinion attached to the Decision on Annulment dated 5 September 2007

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

Matter record

Report a correction

Industria Nacional de Alimentos, S.A. and Indalsa Perú, S.A. (formerly Empresas Lucchetti, S.A. and Lucchetti Perú, S.A.) v. Republic of Peru (ICSID Case No. ARB/03/4) · Matter