Arbitral Digest

Matter

Latam Hydro LLC and CH Mamacocha S.R.L. v. Republic of Peru (ICSID Case No. ARB/19/28)

Case no.
ARB/19/28
Applicable rules
ICSID Arbitration Rules
  1. 15 April 2020Arbitration

    15 April 2020Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected Peru's application to delete material from the Notice of Intent and Request for Arbitration, reserved costs, and revoked the instruction not to publish those documents pending the application.

    Supporting details

    6 participants
    Latam Hydro LLC
    CH Mamacocha S.R.L.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Raul E. Vinuesa

    28 days later · 28 days

  2. 13 May 2020Arbitration

    13 May 2020Arbitration

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural framework for the arbitration, including the arbitration rules, representation, document production, submissions, evidence, hearing, and costs procedures.

    Supporting details

    6 participants
    Latam Hydro LLC
    CH Mamacocha S.R.L.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Raul E. Vinuesa

    10 months and 19 days later · 323 days

  3. 1 April 2021Arbitration

    1 April 2021Arbitration

    Procedural Order No. 3 on the Production of Documents

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' document production requests in the completed Redfern Schedules and ordered production by 13 April 2021, subject to privilege-log directions.

    Supporting details

    6 participants
    Latam Hydro LLC
    CH Mamacocha S.R.L.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Raul E. Vinuesa

    1 month and 2 days later · 32 days

  4. 3 May 2021Arbitration

    3 May 2021Arbitration

    Procedural Order No. 4 on the Production of Documents Referred to in the Parties' Privilege Logs

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided disputed privilege and confidentiality claims and ordered disclosure of specified documents while maintaining the privilege of other documents.

    Supporting details

    6 participants
    Latam Hydro LLC
    CH Mamacocha S.R.L.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Raul E. Vinuesa

    21 days later · 21 days

  5. 24 May 2021Arbitration

    24 May 2021Arbitration

    Procedural Order No. 5 on the Production of Documents

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered limited further steps concerning specified document requests, rejected all other requests, and reserved costs.

    Supporting details

    6 participants
    Latam Hydro LLC
    CH Mamacocha S.R.L.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Raul E. Vinuesa

    8 months and 9 days later · 254 days

  6. 2 February 2022Arbitration

    2 February 2022Arbitration

    Procedural Order No. 6 on the Organization of the Hearing

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the hearing on jurisdiction and the merits, including its dates, format, schedule, time allocation, examination of witnesses and experts, hearing documents, and protected information protocol.

    Supporting details

    6 participants
    Latam Hydro LLC
    CH Mamacocha S.R.L.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Raul E. Vinuesa

    1 year, 10 months and 18 days later · 686 days

  7. 20 December 2023Arbitration

    20 December 2023Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declared jurisdiction over the principal claims subject to a jurisdictional exception for the Upstream Projects, declared the RER Contract terminated, ordered return of the USD 5 million Performance Bond to CH Mamacocha S.R.L. and barred Peru from calling or collecting it, rejected the compensation claims and most other relief, and ordered the claimants jointly to bear USD 1,508,304.41 in Arbitration Costs and reimburse Peru USD 754,152.21 with 3% annual compounded post-award interest on that reimbursement. Each side was ordered to bear its own Legal and Other Costs.

    Supporting details

    6 participants
    Latam Hydro LLC
    CH Mamacocha S.R.L.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Raul E. Vinuesa

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Latam Hydro LLC and CH Mamacocha S.R.L. v. Republic of Peru (ICSID Case No. ARB/19/28) · Matter