ICSID - International Centre for Settlement of Investment Disputes

08/28/2024 | Press release | Distributed by Public on 08/29/2024 09:41

IC Power Ltd and Kenon Holdings Ltd v. Republic of Peru (ICSID Case No. ARB/19/19)

IC Power Ltd and Kenon Holdings Ltd v. Republic of Peru (ICSID Case No. ARB/19/19)

  • Subject of Dispute:
    Electricity distribution and sale concession
  • Economic Sector:
    Electric Power & Other Energy
  • Instrument(s) Invoked: (i)
    FTA Peru-Singapore
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    IC Power Ltd (Singaporean), Kenon Holdings Ltd (Singaporean)
  • Respondent(s):
    Republic of Peru (Peruvian)
  • Date Registered:
    June 27, 2019
  • Date of Constitution of Tribunal:
    October 30, 2019
  • Party Representatives

  • Claimant(s):
    Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
    Philippi Prietocarrizosa Ferrero DU& UrĂ­a, Lima, Peru
  • Respondent(s):
    Ministry of Economy and Finances, Lima, Peru
    Sidley Austin, Washington D.C., U.S.A.
    Stanimir A. Alexandrov, Washington, D.C., U.S.A.
    Estudio Navarro & Pazos Abogados, Lima, Peru
  • Language(s) of Proceeding:
    English,Spanish
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    October 3, 2023 -

    The Tribunal renders its award.

(b) Rectification and Supplementary Decision Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Claimant(s)
  • Date Registered:
    November 16, 2023
  • Party Representatives

  • Claimant(s):
    Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
  • Respondent(s):
    Ministry of Economy and Finances, Lima, Peru
    Stanimir A. Alexandrov, Washington, D.C., U.S.A.
    Baker Botts, Washington, D.C., U.S.A. and London, U.K.
    Estudio Navarro & Pazos Abogados, Lima, Peru
  • Language(s) of Proceeding:
    English,Spanish
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    May 3, 2024 - The Tribunal issues a decision on the rectification of the award.

(c) Rectification Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Respondent(s)
  • Date Registered:
    December 5, 2023
  • Party Representatives

  • Claimant(s):
    Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
  • Respondent(s):
    Ministry of Economy and Finances, Lima, Peru
    Stanimir A. Alexandrov, Washington, D.C., U.S.A.
    Baker Botts, Washington, D.C., U.S.A.
    Estudio Navarro & Pazos Abogados, Lima, Peru
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    May 3, 2024 - The Tribunal issues a decision on the rectification of the award.

(d) Annulment Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Respondent(s)
  • Date Registered:
    August 28, 2024
  • Party Representatives

  • Status of Proceeding:
    Pending
  • Latest Development:
    August 28, 2024 -

    The Secretary-General registers an application for partial annulment of the award filed by the Republic of Peru.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Award

Available on the ICSID Website

Procedural Order No. 1 (February 27, 2020)English (Original)

Procedural Order No. 2 (May 6, 2020)English (Original)

Procedural Order No. 3 (October 25, 2021)English (Original)

Procedural Order No. 4 (November 15, 2021)English (Original)

Procedural Order No. 5 (November 28, 2021)English (Original)

Award (October 3, 2023)English (Original); Spanish (Original)

(b) Rectification and Supplementary Decision Proceeding

Published Decisions

Decision on Rectification

Available on the ICSID Website

Decision on Rectification (May 3, 2024)English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
June 27, 2019

The Secretary-General registers a request for the institution of arbitration proceedings.

September 6, 2019

Following appointment by the Claimants, David R. Haigh (Canadian) accepts his appointment as arbitrator.

October 3, 2019

Following appointment by the Respondent, Eduardo Siqueiros (Mexican) accepts his appointment as arbitrator.

October 30, 2019

Following appointment by the parties, Luca G. Radicati di Brozolo (Italian/British) accepts his appointment as presiding arbitrator.

October 30, 2019

The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Luca G. Radicati di Brozolo (Italian/British), President, appointed by agreement of the parties; David R. Haigh (Canadian), appointed by the Claimants; and Eduardo Siqueiros (Mexican), appointed by the Respondent.

January 31, 2020

The Tribunal holds a first session by telephone conference.

February 27, 2020

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

May 6, 2020

The Tribunal issues Procedural Order No. 2 concerning procedural matters.

June 5, 2020

The Claimant files a memorial on the merits.

February 13, 2021

The Respondent files a memorial on jurisdiction and a counter-memorial on the merits.

May 25, 2021

The Claimant files a counter-memorial on jurisdiction and a reply on the merits.

September 3, 2021

The Respondent files a reply on jurisdiction and a rejoinder on the merits.

October 25, 2021

The Tribunal issues Procedural Order No. 3 concerning procedural matters.

November 2, 2021

The Claimants file a rejoinder on jurisdiction.

November 4, 2021

The Respondent files a request for reconsideration of the Tribunal's Procedural Order No. 3 of October 25, 2021.

November 7, 2021

The Claimants file observations on the Respondent's request of November 4, 2021.

November 12, 2021

The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.

November 15, 2021

The Tribunal issues Procedural Order No. 4 concerning the Respondent's request of November 4, 2021.

November 28, 2021

The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.

December 3, 2021

The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.

December 9, 2021

The Respondent files observations on the Claimants' request of December 3, 2021.

December 10, 2021

The Tribunal decides on the admissibility of new documents.

December 13, 2021 - December 20, 2021

The Tribunal holds a hearing on the merits by video conference.

March 21, 2022

Each party files a post-hearing brief.

May 19, 2023

Each party files a submission on costs.

June 8, 2023

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

October 3, 2023

The Tribunal renders its award.

(b) Rectification and Supplementary Decision Proceeding - 1

Date Development
November 16, 2023

The Secretary-General registers a request for supplementary decision and rectification of the award filed by IC Power Ltd and Kenon Holdings Ltd.

December 6, 2023

The Republic of Peru files observations on IC Power Ltd and Kenon Holdings Ltd.'s request of November 10, 2023.

December 13, 2023

IC Power Ltd and Kenon Holdings Ltd. file a response to the Republic of Peru's observations of December 6, 2023.

December 20, 2023

The Republic of Peru files further observations on IC Power Ltd and Kenon Holdings Ltd.'s response of December 13, 2023.

February 5, 2024

Each party files a submission on costs.

February 11, 2024

The Republic of Peru files observations on IC Power Ltd and Kenon Holdings Ltd.'s submission of costs.

February 19, 2024

IC Power Ltd and Kenon Holdings Ltd. file a response to the Republic of Peru's observations of February 11, 2024.

February 28, 2024

The Republic of Peru files observations on IC Power Ltd and Kenon Holdings Ltd. 's response of February 19, 2024.

March 8, 2024

The Republic of Peru files an updated submission on costs.

March 13, 2024

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

May 3, 2024

The Tribunal issues a decision on the rectification of the award.

(c) Rectification Proceeding - 2

Date Development
December 5, 2023

The Secretary-General registers a request for rectification of the award filed by the Republic of Peru.

December 7, 2023

IC Power Ltd and Kenon Holdings Ltd. file observations on the Republic of Peru's request of November 17, 2023.

February 5, 2024

Each party files a submission on costs.

February 11, 2024

The Republic of Peru files observations on IC Power Ltd and Kenon Holdings Ltd.'s submission of costs.

February 19, 2024

IC Power Ltd and Kenon Holdings Ltd. file a response to the Republic of Peru's observations of February 11, 2024.

February 28, 2024

The Republic of Peru files observations on IC Power Ltd and Kenon Holdings Ltd. 's response of February 19, 2024.

March 8, 2024

The Republic of Peru files an updated submission on costs.

March 13, 2024

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

May 3, 2024

The Tribunal issues a decision on the rectification of the award.

(d) Annulment Proceeding

Date Development
August 28, 2024

The Secretary-General registers an application for partial annulment of the award filed by the Republic of Peru.