ICSID - International Centre for Settlement of Investment Disputes
ICSID - International Centre for Settlement of Investment Disputes
04/23/2025 | Press release | Distributed by Public on 04/23/2025 15:22
APM Terminals Callao S.A. v. Republic of Peru (ICSID Case No. ARB/21/28)
APM Terminals Callao S.A. v. Republic of Peru (ICSID Case No. ARB/21/28)
Proceeding
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Subject of Dispute:Pier concession agreement
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Economic Sector:Transportation
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Instrument(s) Invoked: (i)Contract
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Applicable Rules:ICSID Convention - Arbitration Rules
(a) Original Proceeding
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Claimant(s)/Nationality(ies): (i)APM Terminals Callao S.A. (Peruvian)
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Respondent(s):Republic of Peru (Peruvian)
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Date Registered:May 19, 2021
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Date of Constitution of Tribunal:October 25, 2021
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Composition of Tribunal
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President:Alexis MOURRE (French) - Appointed by the Parties
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Arbitrators:Andrés JANA LINETZKY (Chilean, Portuguese) - Appointed by the Claimant(s)
Eduardo SIQUEIROS T (Mexican) - Appointed by the Respondent(s)
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Party Representatives
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Claimant(s):Miranda & Amado, Lima, Peru
Chaffetz Lindsey , New York, NY, U.S.A. -
Respondent(s):Comisión Especial que Representa a la República del Perú en Controversias Internacionales de Inversión, Lima, Peru
Foley Hoag, Washington, D.C., U.S.A.
Estudio Navarro & Pazos Abogados, Lima, Peru -
Language(s) of Proceeding:Spanish
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Status of Proceeding:Concluded
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Outcome of Proceeding:December 17, 2024 - The Tribunal renders its Award.
(b) Annulment Proceeding
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Applicant(s)/Requesting Party(ies): (i)Respondent(s)
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Date Registered:April 23, 2025
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Party Representatives
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Claimant(s):Miranda & Amado Abogados, Lima, Peru
Chaffetz Lindsey, New York, NY, U.S.A. -
Respondent(s):Comisión Especial que Representa al Estado en Controversias Internacionales de Inversión, Lima, Peru
Foley Hoag, Washington D.C., U.S.A.
Steck Tapia Collantes Abogados, Lima, Peru -
Language(s) of Proceeding:Spanish
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Status of Proceeding:Pending
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Latest Development:April 23, 2025 - The Secretary-General registers an application for partial annulment of the award filed by the Republic of Peru and notifies the parties of the provisional stay of enforcement of the award.
No References Available.
(a) Original Proceeding
| Date | Development |
| May 19, 2021 |
The Secretary-General registers a request for the institution of arbitration proceedings. |
| August 27, 2021 |
Following appointment by the Claimant, Andrés Jana Linetzky (Chilean) accepts his appointment as arbitrator. |
| September 1, 2021 |
Following appointment by the Respondent, Eduardo Siqueiros T. (Mexican) accepts his appointment as arbitrator. |
| October 25, 2021 |
The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Alexis Mourre (French), President, appointed by agreement of the parties; Andrés Jana Linetzky (Chilean), appointed by the Claimant; and Eduardo Siqueiros T. (Mexican), appointed by the Respondent. |
| October 25, 2021 |
Following appointment by agreement of the parties, Alexis Mourre (French) accepts his appointment as presiding arbitrator. |
| November 29, 2021 |
The proceeding is suspended until February 6, 2022, pursuant to the parties' agreement. |
| February 7, 2022 |
The proceeding is resumed pursuant to the parties' agreement. |
| April 5, 2022 |
The Tribunal holds a first session by video conference. |
| April 7, 2022 |
The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
| September 2, 2022 |
The Claimant files a memorial on the merits. |
| February 3, 2023 |
The Respondent files a counter-memorial on the merits and memorial on jurisdiction. |
| April 3, 2023 |
Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
| April 20, 2023 |
The Tribunal issues Procedural Order No. 2 concerning production of documents. |
| May 25, 2023 |
The Tribunal issues Procedural Order No. 3 concerning production of documents. |
| June 14, 2023 |
The Tribunal issues Procedural Order No. 4 concerning production of documents. |
| July 4, 2023 |
The Claimant files a reply on the merits and counter-memorial on jurisdiction. |
| October 24, 2023 |
The Respondent files a rejoinder on the merits and reply on jurisdiction. |
| December 14, 2023 |
The Claimant files a rejoinder on jurisdiction. |
| January 8, 2024 |
The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
| January 9, 2024 |
The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing. |
| January 15, 2024 |
The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
| January 17, 2024 |
The Claimant files observations on the Respondent's request of January 15, 2024. |
| January 22, 2024 |
The Tribunal decides on the Respondent's request of January 15, 2024. |
| January 22, 2024 - January 29, 2024 |
The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
| June 1, 2024 |
Each party files a post-hearing brief. |
| October 22, 2024 |
Each party files a statement of costs. |
| December 17, 2024 |
The Tribunal renders its Award. |
(b) Annulment Proceeding
| Date | Development |
| April 23, 2025 |
The Secretary-General registers an application for partial annulment of the award filed by the Republic of Peru and notifies the parties of the provisional stay of enforcement of the award. |