Bear Creek Mining Corporation v. Republic of Peru (ICSID Case No. ARB/14/21)

Procedural record

1. 27 January 2015United States

   27 January 2015United States

   Procedural Order No. 1 dated 27 January 2015

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal established the procedural framework for the arbitration, including the applicable ICSID Arbitration Rules, the place of proceeding, party representation, filings, evidence, hearings, costs, and public access.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   5

   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
     statute
   • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
     rules
   • ICSID Administrative and Financial Regulations, Regulation 25
     statute
   • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
     rules
   • Canada-Peru Free Trade Agreement (2008)
     statute

   2 months and 23 days later · 82 days

2. 19 April 2015United States

   19 April 2015United States

   Procedural Order No. 2 dated 19 April 2015

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal denied Bear Creek's request for provisional measures, held that Bear Creek's continued defense against Peru's claims in the MINEM lawsuit did not breach the waiver requirement in Article 823.1(e) of the Canada-Peru Free Trade Agreement, and deferred costs.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   2

   • Free Trade Agreement between Canada and the Republic of Peru (Canada-Peru Free Trade Agreement (2008))
     statute
   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
     statute

   6 months later · 183 days

3. 19 October 2015United States

   19 October 2015United States

   Procedural Order No. 3 dated 19 October 2015

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal established procedures for designating and protecting confidential information and preparing redacted copies of documents for disclosure.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   1

   • Free Trade Agreement between Canada and the Republic of Peru (Canada-Peru Free Trade Agreement (2008))
     statute

   9 months and 2 days later · 276 days

4. 21 July 2016United States

   21 July 2016United States

   Procedural Order No. 5 dated 21 July 2016

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal admitted the written submission of the Association of Human Rights and Environment of Puno and Carlos Lopez as Other Persons under Article 836 of the Canada-Peru Free Trade Agreement and invited the parties to comment.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   2

   • Free Trade Agreement between Canada and the Republic of Peru (Canada-Peru Free Trade Agreement (2008))
     statute
   • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
     rules
5. 21 July 2016United States

   21 July 2016United States

   Procedural Order No. 6 dated 21 July 2016

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal denied the application of the Columbia Center on Sustainable Investment to file a written submission.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   2

   • Free Trade Agreement between Canada and the Republic of Peru (Canada-Peru Free Trade Agreement (2008))
     statute
   • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
     rules

   14 days later · 14 days

6. 4 August 2016United States

   4 August 2016United States

   Procedural Order No. 8 dated 4 August 2016

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal set the details, agenda, timing, documentation, witness and expert examination, and public-hearing procedure for the September 2016 hearing.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   2

   • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
     rules
   • Free Trade Agreement between Canada and the Republic of Peru (Canada-Peru Free Trade Agreement (2008))
     statute

   1 month and 11 days later · 42 days

7. 15 September 2016United States

   15 September 2016United States

   Procedural Order No. 10 dated 15 September 2016

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal set the procedure for correcting the hearing transcript and for simultaneous post-hearing briefs, replies, and responses to the Tribunal's questions.

   Participants

   International Centre for Settlement of Investment Disputes

   1 year, 2 months and 15 days later · 441 days

8. 30 November 2017United States

   30 November 2017United States

   Award dated 30 November 2017

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal found that it had jurisdiction, ordered Peru to pay Bear Creek damages of US$18,237,592 and to reimburse 75% of Bear Creek's arbitration costs, quantified as US$5,986,183.29, with compound interest at 5% on each amount as specified in the dispositive section, and dismissed all other claims.

   Participants

   Bear Creek Mining Corporation

   Representative

   Henry G. Burnett (For: Bear Creek Mining Corporation)

   Republic of Peru

   Representative

   Ricardo Ampuero Llerena (For: Republic of Peru)

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Karl-Heinz Boeckstiegel

   Arbitrator

   Michael Pryles

   Arbitrator

   Philippe Sands

   Authorities cited

   2

   • Free Trade Agreement between Canada and the Republic of Peru (Canada-Peru Free Trade Agreement (2008))
     statute
   • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID Convention (1965))
     statute