Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID.

REQUEST FOR ARBITRATION

1. Latam Hydro LLC ("Latam Hydro") and CH Mamacocha S.R.L. ("CHM") submit this Request for Arbitration against Respondent, the Republic of Peru ("Peru"), for claims arising from Peru's pervasive interferences with, and ultimate destruction of, a hydroelectric plant and transmission line project near the Mamacocha Lagoon in the Arequipa region of Peru (the "Mamacocha Project" or "Project").[1]

2. This Request for Arbitration is submitted pursuant Article 10.16 of the United States-Peru Trade Promotion Agreement, signed on April 12, 2006 and entered into force on February 1, 2009 (the "Treaty");[2] the Concession Agreement for the Supply of Renewable Energy to the National Interconnected Electric System, dated February 18, 2014 (the "RER Contract");[3] and the International Centre for Settlement of Investment Disputes ("ICSID") Convention and Rules of Arbitration.

3. Claimants have taken all necessary internal actions to authorize submission of this Request for Arbitration to ICSID and have duly authorized the undersigned counsel, Baker & Hostetler LLP, to institute and pursue arbitration proceedings on their behalf against Peru under the ICSID Convention, the Treaty, and the RER Contract.[4]

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[1] A Glossary describing key terms and abbreviations referenced in this Request for Arbitration may be found at Annex A to this document.

[2] United States-Peru Trade Promotion Agreement ("Treaty"), February 1, 2009 (C-001). Claimants' Exhibit List listing all exhibits to this Request for Arbitration may be found at Annex B to this document.

[3] Concession Agreement for the Supply of Renewable Energy to the National Interconnected Electrical Grid ("RER Contract"), February 18, 2014 (C-002).

[4] See Resolution and Waiver of the Board of Directors of Latam Hydro LLC , August 14, 2019 (C-003); Resolution and Waiver of the General Assembly of Shareholders of CH Mamacocha S.R.L., August 16, 2019 (C-004); Power of Attorney granted by Latam Hydro to Baker Hostetler LLP, August 16, 2019 (C-005); Power of Attorney granted by CHM to Baker Hostetler LLP, August 29, 2019 (C-006).