On September 2020 LATAM HYDRO LLC and CH Mamacocha SRL have filed a memorial at ICSID arguing that the Republic of Perú has violated the underlying Peru-US Trade Promotion Agreement (TPA), as well as a 2014 renewable energy resources contract (RER contract) which contains an ICSID arbitration clause. According to the claimants, the Regional Government of Arequipa and other governmental authorities caused a series of delays in the construction of their small hydro project, which made it impossible to meet strict contractual deadlines. When the central government declined to grant extensions of these deadlines, the project was doomed to fail, according to the claimants. The arbitration is notable for involving conflicting positions adopted by the regional and the central government. The dispute also features interactions between the two instruments of consent – a contract and a treaty.
