Peru's foreign investment framework put to the test : a review of the jurisdictional award in Duke Energy International Peru investments N º 1 Ltd. vs. the Republic of Peru

Abstract

The Tribunal’s jurisdictional ruling in this arbitration constitutes the first international test case of Peru’s legal stability system. That ruling also serves as important guidance as to the scope and effect of Peru’s foreign investment framework. Fernando de Trazegnies’ legal opinions would appear to have been central to the Tribunal’s jurisdictional determination.