Arbitral Digest

Matter

Gramercy Funds Management LLC and Gramercy Peru Holdings LLC v. Republic of Peru (ICSID Case No. UNCT/18/2)

Case no.
UNCT/18/2
Seat
France
Applicable rules
UNCITRAL Arbitration Rules (2013)
  1. 29 June 2018France

    29 June 2018France

    Procedural Order No. 1 dated 29 June 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the procedural timetable and rules for the conduct of the arbitration, including written submissions, document production, hearings, languages, transcripts, confidentiality, and transparency.

    Supporting details

    International Centre for Settlement of Investment Disputes
  2. 29 June 2018France

    29 June 2018France

    Procedural Order No. 2 dated 29 June 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided that the seat of the arbitration is Paris, France.

    Supporting details

    International Centre for Settlement of Investment Disputes

    13 days later · 13 days

  3. 12 July 2018France

    12 July 2018France

    Procedural Order No. 3 dated 12 July 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedure and schedule for document production.

    Supporting details

    International Centre for Settlement of Investment Disputes

    13 days later · 13 days

  4. 25 July 2018France

    25 July 2018France

    Procedural Order No. 4 dated 25 July 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedure for submissions by the non-disputing Party and amicus curiae petitions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 4 days later · 35 days

  5. 29 August 2018France

    29 August 2018France

    Procedural Order No. 5 dated 29 August 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the Parties on non-aggravation of the dispute, communication channels, and respect for the role of the non-disputing Party.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 7 days later · 191 days

  6. 8 March 2019France

    8 March 2019France

    Procedural Order No. 6 dated 8 March 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the Parties' document production requests and directed compliance with the decisions in the annexes.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 2 days later · 63 days

  7. 10 May 2019France

    10 May 2019France

    Procedural Order No. 7 dated 10 May 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued further procedural directions concerning the conduct and confidentiality of the arbitration.

    Supporting details

    International Centre for Settlement of Investment Disputes

    28 days later · 28 days

  8. 7 June 2019France

    7 June 2019France

    Procedural Order No. 8 dated 7 June 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the protection and restricted use of Confidential Documents and related information.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 13 days later · 43 days

  9. 20 July 2019France

    20 July 2019France

    Procedural Order No. 9 dated 20 July 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued procedural decisions concerning the scope of the Parties' reply and rejoinder submissions and related evidence.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 8 days later · 192 days

  10. 28 January 2020France

    28 January 2020France

    Procedural Order No. 10 dated 28 January 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the hearing, including its schedule, time allocation, core bundle, demonstrative exhibits, witness and expert questioning, and transcript arrangements.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 19 days later · 79 days

  11. 16 April 2020France

    16 April 2020France

    Procedural Order No. 11 dated 16 April 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued procedural directions on the matters addressed in the order's discussion and decisions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 20 days later · 203 days

  12. 5 November 2020France

    5 November 2020France

    Procedural Order No. 12 dated 5 November 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the post-hearing oral arguments for 17 and 18 November 2020 by videoconference, including the agenda, time allocation, access, and participant protocols.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 years, 1 month and 1 day later · 761 days

  13. 6 December 2022France

    6 December 2022France

    Final Award dated 6 December 2022

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Arbitral Tribunal, by majority, dismissed Peru's jurisdictional and admissibility objections, declared that it had jurisdiction and that the claims were admissible, found that Peru breached Article 10.5 of the Treaty through the issuance of DS 242/2017, ordered Peru to pay Gramercy Peru Holdings LLC USD 33,222,630 plus 7.22% annual compound interest from 1 January 2009 until full payment, ordered Peru to pay specified arbitration-related costs and reasonable legal costs with 7.22% annual compound interest from the date of the Award until full payment, and dismissed all other claims and requests.

    Supporting details

    28 participants
    Gramercy Funds Management LLC
    Representative
    Mark W. Friedman (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Ina Popova (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Floriane Lavaud (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Carl Riehl (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Berglind Halldorsdottir Birkland (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Guilherme Recena Costa (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Julianne Marley (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Sarah Lee (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Julio Rivera Rios (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Duncan Pickard (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Debevoise & Plimpton LLP (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Gramercy Peru Holdings LLC
    Representative
    Mark W. Friedman (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Ina Popova (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Floriane Lavaud (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Carl Riehl (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Berglind Halldorsdottir Birkland (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Guilherme Recena Costa (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Julianne Marley (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Sarah Lee (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Julio Rivera Rios (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Duncan Pickard (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    Representative
    Debevoise & Plimpton LLP (For: Gramercy Funds Management LLC · Gramercy Peru Holdings LLC)
    The Republic of Peru
    Representative
    Federico Fragachan (For: The Republic of Peru)
    Representative
    Luis Bedoya (For: The Republic of Peru)
    Representative
    Francisco Cardenas Pantoja (For: The Republic of Peru)
    Representative
    Alejandro Manayalle (For: The Republic of Peru)
    Representative
    Paolo Di Rosa (For: The Republic of Peru)
    Representative
    Patricio Grane Labat (For: The Republic of Peru)
    Representative
    Jonathan C. Hamilton (For: The Republic of Peru)
    Representative
    Rodrigo, Elias & Medrano (For: The Republic of Peru)
    Representative
    Arnold & Porter Kaye Scholer LLP (For: The Republic of Peru)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Marisa Planells-Valero
    Tribunal secretary
    Sofia de Sampaio Jalles

Matter record

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Gramercy Funds Management LLC and Gramercy Peru Holdings LLC v. Republic of Peru (ICSID Case No. UNCT/18/2) · Matter