Archives

Tribunal highlights that the parties have “unfinished business”, in hope of a negotiated solution

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Unnamed arbitrator disagrees with majority as claimant is ordered to partially cover Peru’s costs

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Peru questions claimant’s authority to act, but tribunal finds claim admissible

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No faulting of MML’s conduct

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Lidercon’s claims are not disguised contractual claims

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Tribunal clarifies meaning of denial of justice, and sees no due process violation by Peru’s courts

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Investment protection does not insulate from competition

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Conduct of Peru’s competition authority was neither arbitrary nor inconsistent

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Tribunal clarifies relevant legal standards, and sees no umbrella clause in Spain-Peru BIT

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Tribunal deems investor conduct relevant for legitimate expectations

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MTC has the right to supervise Lidercon

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Disagreement over exclusivity of concession leads to ICSID arbitration

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During lengthy debates over the constitution of the arbitral tribunal, Mr. Freyre disclosed numerous links with Peru

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Mr. Freyre’s involvement as legal counsel for Peru in numerous unrelated cases did not raise justifiable doubts with respect to the arbitrator’s independence

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Peru initially waived its right to challenge Mr. Freyre

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Disqualification request was timely due to late revelation of “new circumstances”

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Mr. Freyre’s involvement as legal counsel for Peru in numerous unrelated cases did not raise justifiable doubts with respect to the arbitrator’s independence

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IBA Guidelines on Conflicts of Interest deemed of limited relevance to resolving arbitrator challenges brought under the UNCITRAL rules

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Sekolec nominates Peru’s arbitrator, and shortly thereafter is asked to adjudicate challenge by Peru to claimant’s nominee

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Tribunal terminates arbitration proceedings, citing claimant’s failure to take procedural actions and to pay costs

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