The Renco Group, Inc. v. The Republic of Peru - PCA Case 2019-46 - UNCITRAL - Decision on Expedited Preliminary Objections - 30 June 2020
1. The Claimant in this arbitration is The Renco Group, Inc. (the "Claimant" or "Renco"), a legal entity incorporated under the laws of the State of New York, the United States of America, with its registered office at One Rockefeller Plaza, 29th Floor, New York, NY 10020, U.S.A.
2. The Claimant is represented in these proceedings by Mr. Edward Kehoe, Ms. Isabel Fernandez de la Cuesta, Mr. Aloysius Llamzon, Mr. Cedric Soule, and Mr. David Weiss of King & Spalding LLP, 1185 Av. of the Americas, 34th Floor, New York, NY 10036, U.S.A.
3. The Respondent is the Republic of Peru (the "Respondent" or "Peru").
4. The Respondent is represented in these proceedings by Mr. Jonathan Hamilton, Ms. Andrea Menaker, and Mr. Francisco Jijón, of White & Case LLP, 701 Thirteenth Street, NW Washington, D.C. 20005-3807, U.S.A.
5. A dispute has arisen between the Claimant and Respondent (collectively, the "Parties") concerning the Claimant's alleged investment in Doe Run Peru S.R.LTDA, a company incorporated under the laws of Peru. According to the Claimant, the Government of Peru breached the Trade Promotion Agreement between the Republic of Peru and the United States of America, dated 12 April 2006, entered into force on 1 February 2009 (hereafter, the "Treaty"), with respect to the Claimant's investment, causing damages to the Claimant. The Respondent denies the Claimant's allegations as to the violations of the Treaty and damages in their entirety.
6. The merits of such allegations are not the subject of the present decision. This decision addresses certain preliminary matters, namely the Respondent's application of 20 December 2019 that the Tribunal dismiss the Claimant's claims pursuant to Article 10.20.5 of the Treaty on the basis that the Tribunal lacks jurisdiction over them.
 Notice of Arbitration and Statement of Claim, dated 23 October 2018.
 Memorial on Preliminary Objections, 20 December 2019, ¶ 2.