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

ProceedingMaterialsProcedural Details

• Subject of Dispute:
  Mining concession
• Economic Sector:
  Oil, Gas & Mining
• Instrument(s) Invoked: (i)
  United States of America - Peru Trade Promotion Agreement (TPA)
• Applicable Rules:
  ICSID Convention - Arbitration Rules

(a) Original Proceeding

Published Decisions

Claimant's Notice of Intent

Claimant's Notice of Arbitration

Procedural Order No. 1

Claimant's Notice of Additional Claims

Claimant's Memorial

Procedural Order No. 1 - Annex A (revised)

Respondent's Counter-Memorial on the Merits and Memorial on Jurisdiction

Procedural Order No. 2

Claimant's Reply on the Merits and Counter-Memorial on Jurisdiction

Respondent's Rejoinder on the Merits and Reply on Jurisdiction

Claimant's Rejoinder on Jurisdiction

United States of America Written Submission pursuant to Article 10.20.2 of the TPA

Procedural Order No. 3

Annex A to Procedural Order No. 3

Procedural Order No. 4

Revised Annex A to Procedural Order No. 4

Procedural Order No. 5

Claimant's observations on the non-disputing party's written submission

Respondent's observations on the non-disputing party's written submission

Procedural Order No. 6

Procedural Order No. 7

Day 1 - Transcript REDACTED

Day 2 - Transcript

Day 3 - Transcript

Day 4 - Transcript

Day 5 - Transcript

Day 6 - Transcript

Day 7 - Transcript

Day 8 - Transcript

Day 9 - Transcript REDACTED

Day 10 - Transcript

REDACTED Claimant's Post-Hearing Brief

REDACTED Respondent's Post-Hearing Brief

Day 1 - Video - REDACTED(English;Spanish;)

Day 2 - Video 1(English;Spanish;)

Day 2 - Video 2(English;Spanish;)

Day 3 - Video 1(English;Spanish;)

Day 3 - Video 2(English;Spanish;)

Day 4 - Video 1(English;Spanish;)

Day 4 - Video 2(English;Spanish;)

Day 5 - Video 1(English;Spanish;)

Day 5 - Video 2(English;Spanish;)

Day 6 - Video 1 (English;Spanish;)

Day 6 - Video 2(English;Spanish;)

Day 7 - Video 1(English;Spanish;)

Day 7 - Video 2(English;Spanish;)

Day 8 - Video 1(English;Spanish;)

Day 8 - Video 2(English;Spanish;)

Day 9 - Video 1- REDACTED(English;Spanish;)

Day 9 - Video 2 - REDACTED(English;Spanish;)

Day 10 - Video(English;Spanish;)

Award of the Tribunal

Available on the ICSID Website

Claimant's Notice of Intent (November 27, 2019)English (Original)

Claimant's Notice of Arbitration (February 28, 2020)English (Original)

Procedural Order No. 1 (June 17, 2021)English (Original)

Claimant's Notice of Additional Claims (July 2, 2021)English (Original)

Claimant's Memorial (October 19, 2021)English (Original)

Procedural Order No. 1 - Annex A (revised) (April 21, 2022)English (Original)

Respondent's Counter-Memorial on the Merits and Memorial on Jurisdiction (May 4, 2022)English (Original)

Procedural Order No. 2 (July 4, 2022)English (Original)

Claimant's Reply on the Merits and Counter-Memorial on Jurisdiction (September 13, 2022)English (Original)

Respondent's Rejoinder on the Merits and Reply on Jurisdiction (November 8, 2022)English (Original)

Claimant's Rejoinder on Jurisdiction (December 16, 2022)English (Original)

United States of America Written Submission pursuant to Article 10.20.2 of the TPA (February 24, 2023)English (Original)

Procedural Order No. 3 (March 14, 2023)English (Original)

Annex A to Procedural Order No. 3 (March 14, 2023)English (Original)

Procedural Order No. 4 (March 23, 2023)English (Original)

Revised Annex A to Procedural Order No. 4 (March 23, 2023)English (Original)

Procedural Order No. 5 (March 23, 2023)English (Original)

Claimant's observations on the non-disputing party's written submission (April 7, 2023)English (Original)

Respondent's observations on the non-disputing party's written submission (April 7, 2023)English (Original)

Procedural Order No. 6 (April 13, 2023)English (Original)

Procedural Order No. 7 (April 26, 2023)English (Original)

Day 1 - Transcript REDACTED (May 1, 2023)English (Original); Spanish (Original)

Day 2 - Transcript (May 2, 2023)English (Original); Spanish (Original)

Day 3 - Transcript (May 3, 2023)English (Original); Spanish (Original)

Day 4 - Transcript (May 4, 2023)English (Original); Spanish (Original)

Day 5 - Transcript (May 5, 2023)English (Original); Spanish (Original)

Day 6 - Transcript (May 8, 2023)English (Original); Spanish (Original)

Day 7 - Transcript (May 9, 2023)English (Original); Spanish (Original)

Day 8 - Transcript (May 10, 2023)English (Original); Spanish (Original)

Day 9 - Transcript REDACTED (May 11, 2023)English (Original); Spanish (Original)

Day 10 - Transcript (May 12, 2023)English (Original); Spanish (Original)

REDACTED Claimant's Post-Hearing Brief (July 14, 2023)English (Original)

REDACTED Respondent's Post-Hearing Brief (July 14, 2023)English (Original)

Award of the Tribunal (May 17, 2024)English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
March 16, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
June 9, 2020	Following appointment by the Claimant, Guido Santiago Tawil (Argentine/Portuguese) accepts his appointment as arbitrator.
June 9, 2020	Following appointment by the Respondent, Bernardo Cremades (Spanish) accepts his appointment as arbitrator.
March 31, 2021	Following appointment by the Secretary-General pursuant to the parties' agreed method, Inka Hanefeld (German) accepts her appointment as presiding arbitrator.
March 31, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are Ms. Inka Hanefeld (German), President, appointed by agreement of the parties; Prof. Dr. Guido Tawil (Argentine/Portuguese), appointed by the Claimant; and Mr. Bernardo Cremades (Spanish), appointed by the Respondent.
May 11, 2021	The Tribunal holds a first session by video conference.
June 17, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 2, 2021	The Claimant files a Notice of Additional Claims.
October 19, 2021	The Claimant files a memorial.
May 4, 2022	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
July 4, 2022	The Tribunal issues Procedural Order No. 2 concerning production of documents.
September 13, 2022	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
November 9, 2022	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
December 17, 2022	The Claimant files a rejoinder on jurisdiction.
January 31, 2023	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
February 24, 2023	The United States of America files a written submission as a non-disputing party pursuant to Article 10.20.2 of the FTA Peru - United States of America.
February 24, 2023	The Respondent files observations on the Claimant's request of January 31, 2023.
February 27, 2023	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence and to exclude from the record new factual exhibits submitted by Claimant with its Rejoinder on Jurisdiction and a request for the Tribunal to decide on the admissibility of new evidence.
February 28, 2023	The Claimant files observations on the Respondent's response of February 24, 2023.
March 4, 2023	The Respondent files observations on the Claimant's response of February 28, 2023.
March 7, 2023	The Claimant files further observations on the Respondent's request of February 27, 2023.
March 13, 2023	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
March 14, 2023	The Tribunal issues Procedural Order No. 3 concerning documentary evidence issues.
March 16, 2023	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
March 20, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
March 22, 2023	The Respondent files observations on the Claimant's request of March 16, 2023 and a request for the Tribunal to decide on the admissibility of new evidence.
March 23, 2023	The Tribunal issues Procedural Order No. 4 concerning the admissibility of new evidence.
March 23, 2023	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
March 30, 2023	The Claimant files observations on the Respondent's communication of March 22, 2023.
April 6, 2023	The Respondent files further observations on the Claimant's communication of March 30, 2023.
April 7, 2023	Each party files observations on the non-disputing party's written submission.
April 13, 2023	The Τribunal issues Procedural Order No. 6 concerning documentary evidence issues.
April 20, 2023	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
April 24, 2023	The Claimant files observations on the Respondent's request of April 20, 2023.
April 26, 2023	The Τribunal issues Procedural Order No. 7 concerning documentary evidence issues.
May 1, 2023 - May 12, 2023	The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
July 19, 2023	Each party files a post-hearing brief.
October 18, 2023	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
November 13, 2023	The Respondent files observations on the Claimant's request of October 18, 2023.
November 20, 2023	The Tribunal decides on the admissibility of new evidence.
March 1, 2024	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 12, 2024	The Claimant files observations on the Respondent's request of March 1, 2024.
March 14, 2024	The Tribunal issues Procedural Order No. 8 concerning documentary evidence issues.
March 14, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
May 17, 2024	The Tribunal renders its award. Attached to the award is a dissenting opinion by arbitrator Guido Santiago Tawil.

(b) Annulment Proceeding

Date	Development
September 20, 2024	The Acting Secretary-General registers an application for partial annulment of the award filed by Freeport-McMoRan Inc.