Arbitral Digest

Matter

Aguaytia Energy, LLC v. Republic of Peru (ICSID Case No. ARB/06/13)

Case no.
ARB/06/13
Seat
United States
Applicable rules
ICSID Arbitration Rules
  1. 11 December 2008United States

    11 December 2008United States

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Arbitral Tribunal denied Aguaytia Energy LLC's claim. Each party was ordered to bear its own legal costs and expenses, and the parties were ordered to share equally the payments requested by ICSID and made by the parties.

    Supporting details

    5 authorities · 40 participants
    Aguaytia Energy LLC
    Representative
    James L. Loftis (For: Aguaytia Energy LLC)
    Representative
    Mark Beeley (For: Aguaytia Energy LLC)
    Representative
    Eugene J. Silva II (For: Aguaytia Energy LLC)
    Representative
    Teresa Cigarroa Keck (For: Aguaytia Energy LLC)
    Representative
    Vinson & Elkins RLLP (For: Aguaytia Energy LLC)
    Representative
    Vinson & Elkins LLP (For: Aguaytia Energy LLC)
    Representative
    Miluska Cervantes (For: Aguaytia Energy LLC)
    Representative
    Dean M. Moesser (For: Aguaytia Energy LLC)
    Representative
    Eduardo Maldonado (For: Aguaytia Energy LLC)
    Republic of Peru
    Representative
    Carolyn B. Lamm (For: Republic of Peru)
    Representative
    Abby Cohen Smutny (For: Republic of Peru)
    Representative
    Francis A. Vasquez, Jr. (For: Republic of Peru)
    Representative
    Jonathan C. Hamilton (For: Republic of Peru)
    Representative
    White & Case LLP (For: Republic of Peru)
    Representative
    Eduardo Ferrero Costa (For: Republic of Peru)
    Representative
    Maria del Carmen Tovar Gil (For: Republic of Peru)
    Representative
    Estudio Echecopar (For: Republic of Peru)
    Representative
    Carlos Ramirez (For: Republic of Peru)
    Representative
    Pedro Gamio (For: Republic of Peru)
    Representative
    Mariana Cazorla (For: Republic of Peru)
    Representative
    Daniel Camac (For: Republic of Peru)
    Representative
    Percy Leon (For: Republic of Peru)
    Representative
    Jose Luis Luna (For: Republic of Peru)
    Representative
    Victor Ormeno (For: Republic of Peru)
    Representative
    Manuel Talavera (For: Republic of Peru)
    Representative
    Yesenia Cabezas (For: Republic of Peru)
    Eloise M. Obadia
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Robert Briner
    Tribunal secretary
    Ucheora Onwuamaegbu
    Tribunal secretary
    Tomas Solis
    Tribunal secretary
    Natali Sequeira
    Other
    Witness
    Rex Canon

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Peru Legislative Decree 662 on the Juridical Stability System for Foreign Investment (Legislative Decree 662 (2 September 1991))
      statute
    • Peruvian Civil Code (Civil Code of Peru)
      statute
    • Political Constitution of Peru
      statute
    • Constitutional Tribunal of Peru decision dated 30 January 2004 (Decision of the Constitutional Tribunal of Peru of 30 January 2004)
      case-law

Matter record

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Aguaytia Energy, LLC v. Republic of Peru (ICSID Case No. ARB/06/13) · Matter