Arbitral Digest

Matter

The Renco Group, Inc. v. Republic of Peru (ICSID Case No. UNCT/13/1)

Case no.
UNCT/13/1
Applicable rules
The UNCITRAL Arbitration Rules 2010
  1. 22 August 2013Arbitration

    22 August 2013Arbitration

    Procedural Order No. 1 dated 22 August 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the procedural rules governing the arbitration, confirmed the 2010 UNCITRAL Arbitration Rules, and recorded ICSID as the administering authority.

    Supporting details

    6 participants
    The Renco Group, Inc.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    L. Yves Fortier
    Arbitrator
    Toby T. Landau
    Tribunal secretary
    Natali Sequeira

    11 months and 9 days later · 343 days

  2. 31 July 2014Arbitration

    31 July 2014Arbitration

    Procedural Order No. 2 dated 31 July 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal invited the United States Government to make a non-disputing party submission on treaty interpretation and set the related procedural timetable.

    Supporting details

    1 authority · 7 participants
    The Renco Group, Inc.
    Republic of Peru
    United States Government
    International Centre for Settlement of Investment Disputes
    Arbitrator
    L. Yves Fortier
    Arbitrator
    Toby T. Landau
    Tribunal secretary
    Natali Sequeira

    Authorities cited

    1
    • United States - Peru Trade Promotion Agreement, signed April 12, 2006
      treaty

    4 months and 17 days later · 140 days

  3. 18 December 2014Arbitration

    18 December 2014Arbitration

    Decision as to the Scope of the Respondent's Preliminary Objections under Article 10.20(4) dated 18 December 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided that Peru's objections to the Tribunal's competence fell outside the scope of Article 10.20(4). It retained for that phase only the objection concerning an alleged failure to state a claim for breach of the investment agreement, allowed the other competence objections to be brought with the Counter-Memorial on Liability, and reserved costs.

    Supporting details

    1 authority · 5 participants
    The Renco Group, Inc.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    L. Yves Fortier
    Arbitrator
    Toby T. Landau

    Authorities cited

    1
    • United States - Peru Trade Promotion Agreement, signed April 12, 2006
      treaty

    5 months and 15 days later · 166 days

  4. 2 June 2015Arbitration

    2 June 2015Arbitration

    Decision Regarding Respondent's Requests for Relief dated 2 June 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected Peru's request to find that Renco had waived its right to respond to three arguments, directed the Parties to agree a new briefing schedule, granted Peru's request to hear as a preliminary issue whether Renco had violated the Treaty waiver requirement, directed both Parties to comply with their procedural obligations, dismissed the remaining applications, and reserved costs.

    Supporting details

    1 authority · 5 participants
    The Renco Group, Inc.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    L. Yves Fortier
    Arbitrator
    Toby T. Landau

    Authorities cited

    1
    • United States - Peru Trade Promotion Agreement, signed April 12, 2006
      treaty

    18 days later · 18 days

  5. 20 June 2015Arbitration

    20 June 2015Arbitration

    Procedural Order No. 3 dated 20 June 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal maintained its direction for a new briefing schedule, declined to reconsider its direction for a separate timetable on the alleged ongoing waiver breaches, and reserved costs.

    Supporting details

    5 participants
    The Renco Group, Inc.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    L. Yves Fortier
    Arbitrator
    Toby T. Landau

    16 days later · 16 days

  6. 6 July 2015Arbitration

    6 July 2015Arbitration

    Procedural Order No. 4 dated 6 July 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the separate waiver schedule and the Article 10.20(4) schedule, including the hearing dates, and confirmed that the pleadings would not be subject to a page limit.

    Supporting details

    5 participants
    The Renco Group, Inc.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    L. Yves Fortier
    Arbitrator
    Toby T. Landau

    1 year and 9 days later · 375 days

  7. 15 July 2016Arbitration

    15 July 2016Arbitration

    Partial Award on Jurisdiction dated 15 July 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that Renco failed to comply with the formal requirement of Article 10.18(2)(b), that the defective waiver could not be unilaterally cured or severed, and that Renco therefore failed to establish Peru's consent to arbitrate. It dismissed Renco's claims for lack of jurisdiction and reserved costs.

    Supporting details

    1 authority · 5 participants
    The Renco Group, Inc.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    L. Yves Fortier
    Arbitrator
    Toby T. Landau

    Authorities cited

    1
    • United States - Peru Trade Promotion Agreement, signed April 12, 2006
      treaty

    3 months and 25 days later · 117 days

  8. 9 November 2016Arbitration

    9 November 2016Arbitration

    Final Award dated 9 November 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered each Party to bear its own legal and other costs, ordered each Party to bear half of the arbitration costs, and directed ICSID to reimburse each Party half of the unexpended advance on costs.

    Supporting details

    1 authority · 5 participants
    The Renco Group, Inc.
    Republic of Peru
    International Centre for Settlement of Investment Disputes
    Arbitrator
    L. Yves Fortier
    Arbitrator
    Toby T. Landau

    Authorities cited

    1
    • United States - Peru Trade Promotion Agreement, signed April 12, 2006
      treaty

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The Renco Group, Inc. v. Republic of Peru (ICSID Case No. UNCT/13/1) · Matter