Arbitral Digest

Matter

Freeport-McMoRan Inc. v. Republic of Peru (ICSID Case No. ARB/20/8)

Case no.
ARB/20/8
Applicable rules
ICSID Arbitration Rules in force as of April 10, 2006
  1. 17 June 2021Arbitration

    17 June 2021Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural framework for the arbitration, including the constitution of the Tribunal, party representation, place of proceeding, applicable rules, document production, hearing procedure, and costs arrangements.

    Supporting details

    3 authorities · 22 participants
    Freeport-McMoRan Inc.
    Representative
    Donald Francis Donovan (For: Freeport-McMoRan Inc.)
    Representative
    Dietmar W. Prager (For: Freeport-McMoRan Inc.)
    Representative
    Laura Sinisterra (For: Freeport-McMoRan Inc.)
    Representative
    Nawi Ukabiala (For: Freeport-McMoRan Inc.)
    Representative
    Julianne Marley (For: Freeport-McMoRan Inc.)
    Representative
    Luis Carlos Rodrigo (For: Freeport-McMoRan Inc.)
    Representative
    Francisco Cardenas (For: Freeport-McMoRan Inc.)
    Republic of Peru
    Representative
    Stanimir A. Alexandrov (For: Republic of Peru)
    Representative
    Marinn Carlson (For: Republic of Peru)
    Representative
    Jennifer Haworth McCandless (For: Republic of Peru)
    Representative
    Ricardo Puccio (For: Republic of Peru)
    Representative
    Oswaldo Lozano (For: Republic of Peru)
    Representative
    Vanessa Rivas Plata (For: Republic of Peru)
    Representative
    Mónica del Pilar Guerrero Acevedo (For: Republic of Peru)
    Representative
    Mijail Feliciano Cienfuegos Falcon (For: Republic of Peru)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Inka Hanefeld
    Tribunal secretary
    Marisa Planells-Valero
    Tribunal secretary
    Charlotte Matthews

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of other States
      treaty
    • ICSID Arbitration Rules in force as of April 10, 2006
      rules
    • United States-Peru Trade Promotion Agreement
      treaty

    1 year and 17 days later · 382 days

  2. 4 July 2022Arbitration

    4 July 2022Arbitration

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the Parties to produce documents specified in their respective Redfern Schedules.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 10 days later · 253 days

  3. 14 March 2023Arbitration

    14 March 2023Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on documentary evidence issues, including production, admission, and exclusion of specified materials.

    Supporting details

    International Centre for Settlement of Investment Disputes

    9 days later · 9 days

  4. 23 March 2023Arbitration

    23 March 2023Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the ten-day hearing and set procedures for the hearing agenda and examination of witnesses and experts.

    Supporting details

    International Centre for Settlement of Investment Disputes
  5. 23 March 2023Arbitration

    23 March 2023Arbitration

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal addressed the use in this arbitration of the transcript and recording from the SMM Cerro Verde arbitration, subject to agreed confidentiality redactions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    21 days later · 21 days

  6. 13 April 2023Arbitration

    13 April 2023Arbitration

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on further requests for production and submission of documentary evidence.

    Supporting details

    International Centre for Settlement of Investment Disputes

    13 days later · 13 days

  7. 26 April 2023Arbitration

    26 April 2023Arbitration

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Respondent's request to add eight new exhibits to the record.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year and 21 days later · 387 days

  8. 17 May 2024Arbitration

    17 May 2024Arbitration

    Award of the Tribunal

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found jurisdiction over the claims except claims based on penalties and interest in the disputed tax assessments, rejected the Claimant's claims in their entirety, ordered each Party to bear its own costs and half of the arbitration costs, and rejected all other claims and pleas for relief.

    Supporting details

    7 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    7
    • Convention on the Settlement of Investment Disputes between States and Nationals of other States
      treaty
    • United States-Peru Trade Promotion Agreement
      treaty
    • IBA Rules on the Taking of Evidence in International Arbitration
      rules
    • Peruvian Mining Law
      statute
    • Peruvian Royalty Law No. 28258
      statute
    • Peruvian Tax Code
      statute
    • Peruvian Civil Code
      statute

    8 months and 26 days later · 271 days

  9. 12 February 2025Arbitration

    12 February 2025Arbitration

    Procedural Order No. 1 - Annulment Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee set the procedural rules and timetable for the annulment proceeding.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 1 month and 29 days later · 422 days

  10. 10 April 2026Arbitration

    10 April 2026Arbitration

    Decision on the Respondent's Request for Suspension of the Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee suspended the annulment proceeding pending the outcome of the interpretation proceeding, vacated the hearing dates scheduled for May 5 and 6, 2026, and reserved the question of costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 days later · 7 days

  11. 17 April 2026Arbitration

    17 April 2026Arbitration

    Decision on the Applicant's Request for Reconsideration of the Decision on Suspension of the Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee dismissed the Applicant's request to reconsider the decision suspending the annulment proceeding and reserved the question of costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 2 days later · 32 days

  12. 19 May 2026Arbitration

    19 May 2026Arbitration

    Procedural Order No. 1 - Interpretation Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural framework, scope, timetable, representation, and costs arrangements for the interpretation proceeding concerning the Award of May 17, 2024.

    Supporting details

    International Centre for Settlement of Investment Disputes

Matter record

Report a correction

Freeport-McMoRan Inc. v. Republic of Peru (ICSID Case No. ARB/20/8) · Matter