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Bear Creek Mining v. Peru

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Case Details

Year of Filing: 2014

Claimant(s): Bear Creek Mining Corporation

Respondent(s): Republic of Peru

Arbitral Rules: ICSID

Legal Instrument: Treaty

Treaty: Canada-Peru FTA

Administrative Case Number: ARB/14/21

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of Bear Creek Mining v. Peru

Payment of investment treaty arbitration awards: an update on developments in Latin America Jun 12, 2018
Analysis: Bear Creek tribunal declines to infer legality requirement, considers interpretive annex on indirect expropriation, and views treaty’s general exceptions clause as ruling out other exceptions Dec 4, 2017
Tribunal rejects DCF approach in Bear Creek case; dissenter sees ILO Convention on Indigenous and Tribal Peoples as imposing obligations in context of miner’s ICSID claim Dec 4, 2017
Arbitrators hold Peru liable for expropriation of Bear Creek’s mining rights, but award compensation only for sunk costs Dec 1, 2017
Pakistan’s effort to disqualify Stanimir Alexandrov in Tethyan Copper case proves unsuccessful Sep 7, 2017
As Spain seeks to annul Energy Charter Treaty award, government hires outside law firm and complains about arbitrator’s relationship with damages experts  Jul 27, 2017
As damages phase unfolds in Pakistan mining case, a challenge is lodged against Stanimir Alexandrov – citing his client’s alleged interest in a rarely-used valuation method under scrutiny Jul 11, 2017
Arbitrators accept one amicus application and reject another in Bear Creek v Peru arbitration Jul 26, 2016
Peru’s defence in Bear Creek arbitration alleges illegality of mining investment, and debates scope of key protections in Canada-Peru trade pact Nov 20, 2015
Canadian investor, Bear Creek, lays out merits and damages arguments in $500+ million claim against Peru following shuttering of mine project near Lake Titicaca Nov 8, 2015
Arbitrators finalized in three proceedings: Bear Creek v. Peru, Krederi v. Ukraine and Unión Fenosa Gas, S.A. v. Egypt Dec 10, 2014
ICSID Round-up: New claims for Peru and Hungary, as Mexico and Paraguay cases are discontinued Aug 21, 2014
Canadian miner hires law firm and threatens arbitration over blocked mining project in Peru Feb 11, 2014