Brookfield Corporation v. Republic of Peru

At a glance

Parties

Brookfield Corporation v. Republic of Peru

Case no.

ICSID Case No. ARB/25/14

Forum and rules

ICSID Convention arbitration; ICSID Arbitration Rules in force as of 1 July 2022; place of proceeding Washington, DC

Treaty

Canada–Peru Free Trade Agreement, signed 29 May 2008, in force since 1 August 2009

Tribunal

Ms. Lucinda A. Low (President), Prof. Zachary Douglas KC, Prof. Dr. Stephan Schill

Sector

Road concession; construction (per ICSID case database)

Outcome

Pending. The published documents are two procedural orders and do not show any decision on jurisdiction or the merits.

The dispute

Brookfield Corporation brought an ICSID arbitration against the Republic of Peru under the Canada–Peru Free Trade Agreement. The case database describes the subject of the dispute as a road concession in the construction sector. The two published procedural orders deal only with the conduct of the proceeding and with transparency. They do not describe the facts, the measures complained of, the claims, the amounts sought or Peru's defences. The procedural calendar expects Peru to raise jurisdictional objections, either with its Counter-Memorial or through a request for bifurcation.

Key holdings

1. The proceeding is governed by the ICSID Arbitration Rules in force as of 1 July 2022. The parties confirmed that the Tribunal, constituted on 13 April 2026, was properly constituted. Neither party objected to any member on current disclosures. Washington, DC is the place of the proceeding. PO1 §§ 1.1, 2.1, 10.1
2. English and Spanish are both procedural languages. Any decision on jurisdiction or award will be issued in both languages simultaneously, and both versions are equally authentic. Other orders are issued in one language, with a courtesy translation within 10 business days. PO1 §§ 11.1, 11.5.1
3. The procedural calendar sets the Claimant's Memorial on the Merits for 24 September 2026. It provides three scenarios: no bifurcation, bifurcation granted, and bifurcation denied. In each scenario a hearing is planned for the week of 19 June 2028. Document production is guided by the IBA Rules on the Taking of Evidence (2020). PO1 § 15.1; Annex B
4. The parties and the Tribunal may use AI tools for tasks such as summaries, organising the record and legal research. All AI output must be reviewed and verified before it is relied on. The Tribunal may not use AI to draft the Award or in its deliberations or decision-making. PO1 §§ 29.1–29.4
5. Under Article 835 of the FTA, all pleadings and all procedural orders and decisions will be publicly available, subject to redaction of Confidential Information. Witness statements, expert opinions, exhibits and legal authorities are excluded. The Award will be published by ICSID. No document will be published until after the Final Award; redaction requests must be made within 60 days of it. PO2 ¶¶ 8, 10, 17–18
6. Hearings are open to the public. They will be video recorded and streamed in English and Spanish on the ICSID website, subject to protection of Confidential Information. Canada, as Non-Disputing Party, may attend; other third parties may not attend in person. PO2 ¶¶ 11–13
7. The parties bear the direct costs of the proceeding in equal parts, subject to the Tribunal's final decision on costs. ICSID requested advances totalling USD 400,000, of which each side paid USD 200,000. Arbitration Rule 14 governs disclosure of third-party funding. PO1 §§ 9.1–9.4

Procedural history

1. 1 April 2025After registration of the Request for Arbitration, ICSID requested an advance of USD 200,000 from the Claimant, which paid it on 24 April 2025.
2. 18 August 2025Prof. Dr. Stephan Schill accepted his appointment. Prof. Zachary Douglas KC followed on 15 September 2025.
3. 13 April 2026Ms. Lucinda A. Low accepted her appointment as President, and the Tribunal was constituted.
4. 28 May 2026First session held by video conference.
5. 18 June 2026Procedural Order No. 1 sets the procedural rules and calendar.
6. 6 July 2026Procedural Order No. 2 sets the transparency and confidentiality regime.
7. 24 September 2026Scheduled filing of the Claimant's Memorial on the Merits.
8. Week of 19 June 2028Scheduled hearing.

Tribunal, counsel and experts

Decided by

• Lucinda A. Low President
• Zachary Douglas Co-arbitrator
• Stephan W. Schill Co-arbitrator

For the claimant

White & Case LLP · Estudio Echecopar · Brookfield Corporation

For the respondent

Special Commission Representing the Republic of Peru in International Investment Disputes, Ministry of Economy and Finance · Arnold & Porter Kaye Scholer LLP

Run a conflict check on these names →

Keywords

• Canada–Peru FTA
• road concession
• construction
• Peru
• Brookfield
• procedural order
• transparency
• confidential information
• public hearings
• non-disputing party
• Canada
• bifurcation
• document production
• IBA Rules on the Taking of Evidence
• artificial intelligence
• third-party funding
• ICSID Arbitration Rules 2022

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