Blue Water Worldwide LLC and others v. Republic of Peru

At a glance

Parties

Blue Water Worldwide LLC and others v. Republic of Peru

Case no.

ICSID Case No. ARB/26/8

Forum and rules

ICSID Convention arbitration; ICSID Arbitration Rules in force as of 1 July 2022, as modified or supplemented by the TPA; place of proceeding Washington, D.C.

Treaty

United States–Peru Trade Promotion Agreement (2006)

Tribunal

Meg Kinnear (President), Andrés Jana, Jorge E. Viñuales

Sector

Electricity distribution and sale concession (per the case record)

Outcome

Pending. The published documents are procedural only and do not show any ruling on jurisdiction or the merits.

Amount

Not stated in the published documents. ICSID requested advances of USD 400,000, paid USD 200,000 by each side.

The dispute

US investors Blue Water Worldwide LLC and others brought a claim against Peru under the United States–Peru Trade Promotion Agreement (TPA). According to the case record, the dispute concerns an electricity distribution and sale concession. The two published procedural orders do not describe the investment, the measures complained of, the claims or Peru's defences. They set the rules for the arbitration and its transparency regime. The calendar allows for an objection to jurisdiction by Peru and a possible request for bifurcation.

Key holdings

1. The proceeding is governed by the ICSID Arbitration Rules in force as of 1 July 2022, as modified or supplemented by the TPA. The IBA Rules on the Taking of Evidence may guide the Tribunal but do not bind it. PO1 §§ 1.1–1.2
2. Washington, D.C. is the place of the proceeding. English and Spanish are the procedural languages. The award is to be rendered in both languages simultaneously, and both versions are equally authentic. PO1 §§ 11.1, 12.1, 12.18
3. With the parties' consent, Laura Edwards was appointed Assistant to the Tribunal at USD 250 per hour. She will not take part in decision-making. PO1 §§ 8.1–8.3
4. The procedural calendar provides for several scenarios: with or without a request for bifurcation, and with or without document production. In each, the Claimants' Memorial on the Merits is due on 5 November 2026. If no bifurcation is requested, Peru files a Counter-Memorial on the Merits and Memorial on Jurisdiction, followed by a joint hearing on jurisdiction and merits. PO1 Annex B
5. Under TPA Article 10.21, ICSID acts as repository and will publish the notice of intent, the notice of arbitration, pleadings, transcripts and the Tribunal's rulings, subject to redaction of confidential or protected information. Accompanying witness statements, expert reports, exhibits and authorities are not published. PO2 ¶¶ 13–16
6. Hearings are open to the public and streamed on the ICSID website. Portions are held in camera where needed to protect confidential information. The United States, as non-disputing Treaty Party, may make submissions on interpretation of the TPA and attend hearings. PO2 ¶¶ 32–33; PO1 § 20.1

Procedural history

1. 24 November 2023Notice of intent.
2. 17 January 2026Notice of Arbitration.
3. 10 February 2026After registration of the Request for Arbitration, ICSID requests advance payments totalling USD 400,000.
4. 21 May 2026Tribunal constituted.
5. 8 July 2026First session held by video conference.
6. 17 July 2026Procedural Order No. 1 on procedural rules and calendar.
7. 17 July 2026Procedural Order No. 2 on transparency and confidentiality.

Tribunal, counsel and experts

Decided by

• Meg Kinnear President
• Andrés Jana Co-arbitrator
• Jorge E. Viñuales Co-arbitrator

For the claimant

King & Spalding LLP · Santiváñez Abogados

For the respondent

Ministerio de Economía y Finanzas, Peru · Baker Botts LLP · Estudio Navarro & Pazos Abogados

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Keywords

• United States–Peru TPA
• US–Peru Trade Promotion Agreement
• electricity distribution
• electricity concession
• Peru
• transparency
• confidential information
• public hearings
• non-disputing Treaty Party
• amicus curiae
• bifurcation
• document production
• Stern Schedule
• tribunal assistant
• 2022 ICSID Arbitration Rules
• procedural order

Summary generated with AI from the published documents — refer to the award for the authoritative text.