The Renco Group v Peru - UNCT/13/1 - Partial Award on Jurisdiction - English - 15 July 2016
Country
Year
2016
Summary
Case Report (free download)
Case Report by Moritz Abramovitz, Editor Lorena Perez McGill
Summary
The Partial Award derives from an arbitration dispute between The Renco Group, Inc. and the Republic of Peru related to the operations and environmental remediation measures at the metallurgical plant in La Oroya - Peru, which Renco acquired through Doe Run Peru S.R.LTDA, its wholly-owned local enterprise, in a privatization sale in 1997. The dispute was submitted to arbitration under the United States-Peru Trade Promotion Agreement ("the Treaty") and the UNCITRAL Rules. Renco submitted a claim to arbitration on its behalf (10.16(1)(a) of the Treaty), and on behalf of Doe Run Peru S.R.LTDA (Article 10.16(1)(b) of the Treaty). Doe Run's claim was later withdrawn in Renco's Amended Notice of Arbitration.
Main issues
Non-compliance with the formal and material requirements of a Treaty's waiver provision; comprehensiveness of investor's waiver; incompatibility of reservation of rights with waiver provision.
Case report provided by International Arbitration Case Law (IACL)
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