TDM is a well-established Peruvian company that is a leader in Latin America in engineering solutions, supply, and installation of construction products for large infrastructure projects, mining, and other sectors.
We are representing TDM, in an Arbitration against National Water Authority (ANA), in which we request to the Arbitral Tribunal (i) to declare the nullity of the rejection of the contract extension deadline resolution, (ii) that ANA indeed extended the deadline of the contract (iii) and several payments for concepts like services, maintenance cost of the guarantee letters, etc. (iv) and the confirmation that ANA has charged illicit fines to TDM.
The current case involves complex technical knowledge, because TDM had to install and operate metal meshes to contain the rockslides in one the most populous regions of Lima. However, the execution of the contract was delayed by the ANA, nevertheless the delay was ANA’s fault, which imposed several fines to TDM and rejected the extension of the deadline.
In this case, the Arbitral Tribunal handed down an arbitral award partially in favor of our client and partially in favor of ANA.
Therefore, we filed an annulment claim against the point of the arbitral award not favorable to our client, and successfully got a founded claim. It is important to take into consideration that only 10% of the annulment claims in Peru are declared founded.
Pursuant to our successful annulment of the original Award, the matter has been remitted back to the Arbitral Tribunal for further consideration, and we are awaiting the issuance of a new Award.
