Freeport-McMoRan Inc v Republic of Peru - ICSID Case No. ARB/20/8 - Decision on Interpretation - Dissenting Opinion of Professor Dr. Guido Santiago Tawil - English - 8 October 2026
Country
Year
2026
Summary
Source: icsid.worldbank.org
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VIII. DECISION ON INTERPRETATION
182. For the reasons set forth above, the Tribunal by majority decides as follows:
(1) Peru’s Application for Interpretation is admissible;
(2) The Award determined that only the Claimant’s claims relating to penalties and interest on the Tax Assessments constitute taxation measures excluded from the Tribunal’s jurisdiction under Article 22.3.1 of the TPA. The Claimant’s claims relating to penalties and interest on the Royalty Assessments were within the Tribunal’s jurisdiction;
(3) Each Party shall bear its own costs and expenses and half of the costs of the interpretation proceeding.
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