08 June 2020

Public Hearing on Preliminary Objections and Bifurcation: The Renco Group, Inc. v. Republic of Peru / The Renco Group, Inc. & Doe Run Resources, Corp. v. Republic of Peru & Activos Mineros, S.A.C.

In the two above-referenced arbitrations, a hearing on preliminary objections and bifurcation will be held on 12 and 13 June 2020. The arbitral proceedings in the arbitration between The Renco Group, Inc. v. the Republic of Peru (PCA Case No. 2019-46) are being conducted pursuant to Chapter 10 of the Trade Promotion Agreement between the Republic of Peru and the United States of America, dated 12 April 2006, entered into force on 1 February 2009 (the “Treaty”), and the UNCITRAL Arbitration Rules, as adopted in 2013. The arbitral proceedings in the arbitration between The Renco Group, Inc. & Doe Run Resources, Corp. v. the Republic of Peru & Activos Mineros, S.A.C. (PCA Case No. 2019-47) are being conducted pursuant to Clause 12 of the Contract of Stock Transfer executed on 23 October 1997 (the “Stock Transfer Agreement”), Clause 3 of the Guaranty Agreement executed on 21 November 1997 (the “Guaranty Agreement”), and the UNCITRAL Rules, as adopted in 2013. The Permanent Court of Arbitration (PCA) acts as registry in these arbitrations.

Hearing Schedule

The hearing will be conducted by videoconference, without prejudice to the legal seat of each arbitration. The hearing will address the Respondent’s preliminary objections in PCA Case No. 2019-46, pursuant to the expedited procedures under Article 10.20.5 of the Treaty, and the Respondent’s request for bifurcation of the proceedings in PCA Case No. 2019-47.

On 12 June 2020, the Tribunal will hear the initial submissions on the Respondent’s preliminary objections to the Tribunal’s competence regarding the Treaty Arbitration (PCA Case No. 2019-46). On 13 June 2020, the Tribunal will hear the Parties’ rebuttals on the Treaty Arbitration (PCA Case No. 2019-46) and submissions on the Respondent’s request for bifurcation of the proceedings in the Contract Arbitration (PCA Case No. 2019-47). The hearing will be conducted on each hearing day from 9:00 UTC-4 to 14:00 UTC-4 (New York, Washington, DC), equivalent to 6:00 UTC-7 to 11:00 UTC-7 (Vancouver), 8:00 UTC-5 to 13:00 UTC-5 (Lima), 15:00 UTC+2 to 20:00 UTC+2 (The Hague).

Public Access to the Hearing and Live-streaming on the Internet

The hearing will be video recorded and transmitted to the public via live-feed. The webcast will be virtually live in order to allow the Tribunal to address confidentiality or other objections, if any. A direct link to the webcast will be available on this page on 12 and 13 June 2020:

English


 
(The English webcast may also be accessed here.)

Spanish

(The Spanish webcast may also be accessed here.)

Following the conclusion of the hearing, a recording of the webcast will be made available on the PCA’s website. Additionally, hearing transcripts will be uploaded to the PCA website in due course.

Background of the Dispute

The arbitral proceedings were instituted on 23 October 2018 when the Claimants served the Notice of Arbitration on the Respondents in each case. The three-member Tribunal hearing both cases is chaired by Judge Bruno Simma as President. Professor Horacio Grigera Naón is the arbitrator appointed by the Claimants, while Mr. J. Christopher Thomas QC has been appointed by the Respondents.

Further information about the proceedings is available on the PCA website at https://pca-cpa.org/en/cases/235/ (PCA Case No. 2019-46) and https://pca-cpa.org/en/cases/236/ (PCA Case No. 2019-47).