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.