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Lupaka v. Peru, Notice of Intent, December 12, 2019

12 Dec 2019
Lupaka Gold Corp. v. Republic of Peru, ICSID Case No. ARB/20/46
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Notice of Intent
Document Details:
LISTED PARTICIPANTS
Notice of Intent
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Marc Daniel Veit, Timothy L. Foden
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Lupaka Gold Corp, LALIVE, Peru
Country
Print reporter
Document Summary
Notice of Intent
This summary note is machine-generated. Always consult the original materials.

Procedural Posture and Background

This document constitutes a Notice of Intent to Submit Claims to Arbitration, filed by Lupaka Gold Corp. against the Republic of Peru pursuant to Article 821(1) of the Free Trade Agreement between Canada and Peru (the "FTA"). The dispute arises from the Investor's investments in the Invicta gold mine project located in the Huaura Province, Peru.

Factual Allegations and Legal Claims

The Investor alleges that the local community of Parán initiated an illegal blockade and forcibly removed the Investor's personnel from the project site in October 2018. The Investor contends that despite repeated requests for assistance, Peruvian authorities, including the police and relevant ministries, failed to intervene or resolve the blockade. Consequently, the Investor asserts that it defaulted on a debt facility, leading to foreclosure proceedings and the total loss of its investment.

The Notice outlines alleged breaches of Peru's obligations under the FTA, specifically Article 805(1) regarding fair and equitable treatment and full protection and security, as well as Article 812(1) concerning direct and indirect expropriation. The Investor further invokes the most-favored-nation provision under Article 804 of the FTA to claim more favorable treatment accorded to investors from third States.

Relief Sought

The Investor seeks compensation for the total loss of its investment, including the value of mining concessions, lost profits, and equipment, with damages estimated to exceed USD 100 million. In accordance with Article 822 of the FTA, the Notice formally requests amicable consultations with Peruvian authorities in Lima prior to the commencement of arbitral proceedings.