City of Lima challenges all three arbitrators and lodges criminal proceedings

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Background: Third contract arbitration between the parties turns acrimonious after election of new mayor

Background: Social protests against toll station lead to contract-based arbitration dispute

Costs are split

Both parties are ordered to pay compensation, plus simple interest

Tribunal majority decides that illegal acts committed by the project sponsors, rather than Peru’s reluctance to surrender the project, explained the claimant’s inability to secure project financing

Peru breached its obligation to surrender control over the project, but this breach was not intentional

Claimant breached representations and warranties clause by failing to disclose Odebrecht’s corrupt practices – warranting termination of the contract

Previous discussions by the parties related to the same dispute, meaning that negotiation requirement was fulfilled

While proof of corruption tainting the Chavimochic contract is lacking, broad corruption scandal involving the claimant’s sponsors can be considered as relevant context

Tribunal majority dismisses reconsideration request, expressing concern that leakage of information may be aimed at exercising “undue pressure” on the tribunal or the parties’ representatives

Tribunal dismisses further request for suspension, citing the need to protect the integrity of the arbitration proceedings, but adding that the Award would be issued only to a limited number of representatives to facilitate negotiations

Tribunal initially grants parties’ request for suspension made right before the Award is scheduled to be issued, but it expresses concern about the timing of the request, and the context and terms of the proposed settlement agreement

ICSID declines to register the case; two arbitrators resign and are replaced; proceedings are repeatedly suspended

Background: dispute over construction project triggers contract-based arbitration

Dissenting arbitrator felt that corruption was sufficiently made out and would have partially annulled the concession

MML is ordered to bear arbitration costs, while each party bears its own expenses

MML is ordered to pay simple interest

Peruvian law requirements for MML’s breach of contract were met; majority rules remaining differences on <em>quantum </em>in favour of MML

Majority sees no unjust enrichment by RDL

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