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Claimant is ordered to bear full costs of the arbitration
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Tribunal applies Rule 28(1) of the 2006 ICSID Arbitration Rules, and it decides that claimant’s procedural conduct warrants allocation of costs upon the investor
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Background: Claim over investment in water treatment and purification venture was withdrawn within 10 months from the request for arbitration; claimant fails to make advance payment
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Costs are split
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Both parties are ordered to pay compensation, plus simple interest
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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
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Peru breached its obligation to surrender control over the project, but this breach was not intentional
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Claimant breached representations and warranties clause by failing to disclose Odebrecht’s corrupt practices – warranting termination of the contract
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Previous discussions by the parties related to the same dispute, meaning that negotiation requirement was fulfilled
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While proof of corruption tainting the Chavimochic contract is lacking, broad corruption scandal involving the claimant’s sponsors can be considered as relevant context
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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
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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
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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
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ICSID declines to register the case; two arbitrators resign and are replaced; proceedings are repeatedly suspended
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Background: dispute over construction project triggers contract-based arbitration
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