Procedural Posture and Purpose

This document constitutes a Request for Arbitration submitted by Lupaka Gold Corp. (the Claimant) against the Republic of Peru (the Respondent) pursuant to Article 36 of the ICSID Convention and Article 824 of the Canada-Peru Free Trade Agreement (FTA). The filing formally initiates arbitral proceedings concerning the Claimant's investments in the Invicta gold mining project, comprising mining concessions and surface rights in Peru. The Claimant asserts that it has satisfied all jurisdictional prerequisites and conditions precedent under the FTA, including the requisite waiver and the six-month consultation period following its Notice of Intent.

Factual Allegations and Legal Issues

The principal legal issues revolve around the Respondent's alleged failure to protect the Claimant's investment from an armed invasion and subsequent blockade by the Rural Community of Parán. The Claimant contends that Parán, recognized as a legal entity with administrative autonomy under Peruvian law, qualifies as a state organ or an entity empowered to exercise governmental authority, rendering its actions attributable to the Respondent under customary international law. The Request details that despite repeated appeals, the Respondent's police forces, local prosecutors, and central government ministries failed to evict the invaders, effectively sanctioning the seizure of the mine and the expropriation of extracted ore.

Based on these factual assertions, the Claimant alleges multiple breaches of the FTA. Specifically, the Claimant argues that the Respondent's acts and omissions constitute an unlawful, uncompensated expropriation in violation of Article 812. Furthermore, the Claimant asserts breaches of Article 805, citing the Respondent's failure to accord fair and equitable treatment (FET) and full protection and security (FPS). Relying on the most-favored-nation (MFN) provision in Article 804, the Claimant also seeks to import standalone FET and FPS protections from the Peru-United Kingdom Bilateral Investment Treaty to bypass the customary international law minimum standard limitations inherent in the FTA.

Requested Relief and Procedural Proposals

In its prayer for relief, the Claimant requests declarations establishing the Respondent's breaches of the FTA and seeks monetary damages exceeding USD 100 million for the total loss of its investment's value, including lost future profits. The Claimant further requests pre- and post-award interest, as well as the full costs of the arbitration. Procedurally, the Claimant proposes a three-member tribunal, nominates Mr. Jonathan Schiller as its party-appointed arbitrator, and suggests specific mechanisms for the appointment of the presiding arbitrator.