Latam Hydro L.L.C. and CH Mamacocha S.R.L

Our practice played the role of counselling and being representative in the international arbitration process initiated by our client under the terms of the Foreign Trade Agreement (FTA) related to the protection of the investment performed through our client’s subsidiary for the development of a 20 MW hydroelectric generation power plant granted in a promotional investment scheme, against the actions performed by the Regional Government of Arequipa amongst other offices of the public administration, national and regional. What is important of this case is that it confronts the actions of the Republic of Perú towards an incentive package of legislation, which was intended to promote investments but instead has created expectative to the investors but no real promotion. On the other hand, this is the first case being arbitrated related to the FTA between USA and the Republic of Perú.

Matter value – include currency and amount in figures :

US$ 30’000,000 approximately (Thirty million Dollars of the United States of America)

Is this a cross-border matter? If yes, please indicate the jurisdictions involved :

Yes. The arbitration takes place at ICSID venue in Washington D.C and the investors are from the United States of America.

Lead partner :

Licy Benzaquén

Other team members :

Flavia Scaramutti

Other firms advising on the matter and their role(s) :

Baker Hostetler (Washington D.C)

Date of completion or current status :

The award is expected by the first trimester of 2023.