FOLLOW US

America October 1, 2025 3 mins read

Peru $417M Penalty Claim Sparks Fierce Arbitration Battle With Freeport

America ı By Rihem Akkouche

0 Comments

Peru $417M Penalty Claim

Peru is mounting a vigorous defense against Arizona-based mining giant Freeport-McMoRan Inc., arguing the company is abusing the annulment process in its quest to overturn a tribunal ruling that left $417 million in penalties and interest untouched.

In a Sept. 16 brief, released Tuesday, Peru told the International Centre for Settlement of Investment Disputes (ICSID) that Freeport’s allegations of a procedural misstep were baseless. The government insists arbitrators acted within their authority when they declined to rule on penalties and interest tied to unpaid royalties at the company’s Peruvian operation.

The Tribunal’s Call

The case stems from a previous ICSID ruling that dismissed Freeport’s challenge to Peru’s imposition of $942 million in taxes and royalties on Sociedad Minera Cerro Verde SAA, an open-pit mine in Arequipa, for the years 2006 through 2013. While the tribunal considered the taxes and royalties, it refused jurisdiction over the $417 million in penalties and interest on royalties and $245 million on tax-related penalties, citing the U.S.-Peru trade agreement’s carveout for taxation measures.

Freeport claims the tribunal contradicted itself—first taking jurisdiction over royalty-related penalties, then sidestepping them in its final award. Peru, however, called this argument a distortion.

“The company cannot cite a single line in which the tribunal affirmed jurisdiction over those claims—because there is none,” Peru argued.

Peru Accuses Freeport of “Abuse”

Peru stressed that the tribunal properly treated penalties and interest as inseparable from the nation’s tax regime, qualifying them as taxation measures under the trade agreement. The government also argued Freeport should have pursued a supplementary decision if it believed the tribunal had overlooked part of its case, rather than seeking annulment.

By escalating the matter to an ad hoc committee, Peru says, Freeport is engaging in “an abuse of the annulment process,” a remedy reserved for extraordinary procedural flaws. The government is now pressing for Freeport to shoulder all related costs, including ICSID and committee fees plus Peru’s legal expenses.

Freeport Strikes Back

In May, Freeport countered that annulment was warranted because the tribunal “manifestly exceeded its powers” by failing to decide the royalty penalty claims. The company accuses arbitrators of conflating royalties with taxes, thereby neglecting their duty to rule and failing to meet ICSID’s procedural standards.

High-Stakes Representation

Freeport is backed by a legal team from Debevoise & Plimpton LLP—Dietmar W. Prager, Laura Sinisterra, Nawi Ukabiala, Julianne J. Marley, and Federico Fragachán—alongside Rodrigo Elias & Medrano’s Luis Carlos Rodrigo Prado and Francisco Cardenas Pantoja.

Peru is represented by Ricardo Puccio of Navarro & Pazos Abogados; Stanimir A. Alexandrov of his own PLLC; and Baker Botts LLP’s Jennifer Haworth McCandless, Alejandro Escobar, and María Carolina Durán.

What’s Next

The annulment battle could determine whether Freeport can reopen the door to nearly half a billion dollars in disputed penalties, or whether Peru’s claim remains locked tight. For now, the Andean nation is standing firm, portraying Freeport’s maneuver not as a quest for justice but as a dangerous overreach that risks undermining the sanctity of international arbitration.

Previous Article

Neptune $368M IPO Makes Waves Amid Government Shutdown

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 22, 2026 Websites Go Dark as AI Uncovers Critical PHP Flaws By – Michallie K Harrison
America October 21, 2026
Spartanburg Woman $8K Insurance Fraud Case…

A South Carolina woman is behind bars after investigators accused…

By – Rachel Moore
America October 21, 2026
TDI Launches Insurance Fraud Task Force…

The Texas Department of Insurance has launched a coordinated push…

By – Rachel Moore
America October 21, 2026
Children’s Mercy Insurance Coverage Changes: Kansas…

Children’s Mercy Hospital in Kansas City will no longer participate…

By – Rachel Moore
America October 21, 2026
BioWare Closing: EA Shuts Down Legendary…

Electronic Arts is reshaping its videogame empire in a sweeping…

By – Rachel Moore
America October 21, 2026
Musk and Trump Have a Starlink…

Opinion | Starlink restrictions in Ukraine have exposed a problem Elon Musk…

By – Michallie K Harrison
America October 21, 2026
Texas Trans Texts Spark Election Propaganda…

News Analysis | Texas voters began casting early ballots Monday,…

By – Michallie K Harrison
America October 20, 2026
Auto-Owners Insurers Verdict: Jury Awards Warehouse…

A North Carolina federal jury has awarded nearly $2 million…

By – Tyler Brooks
America October 20, 2026
NJ $10M Car Insurance Fine: Geico…

New Jersey insurance regulators have accused Geico of overcharging motorists…

By – Tyler Brooks
America October 20, 2026
Ara Partners $2.5B Energy Fund Reaches…

Ara Partners has secured $2.5 billion in capital commitments for…

By – Tyler Brooks
America October 20, 2026
DXC Sell Insurance Software Division in…

DXC Technology is in advanced discussions to sell its insurance…

By – Tyler Brooks
America October 20, 2026
Burger King Hello Kitty Meal Arrives…

Few pairings feel as inevitable as a kids’ meal and…

By – Rachel Moore
America October 20, 2026
Kyle Kennedy Death at 42 Mourned…

Some people inherit a famous name. Fewer spend it on…

By – Rachel Moore
America October 20, 2026
California Ballots: DOJ Cites Charges Against…

WASHINGTON — The Justice Department is citing charges against 28…

By – Michallie K Harrison
America October 20, 2026
Richard Riehle Dies at 78, Leaving…

Richard Riehle, the character actor whose memorable roles included “Office…

By – Michallie K Harrison
America October 20, 2026
Extreme Heat Is Spreading and Lasting…

An extreme heat event lasting 367 days touched nearly 85%…

By – Michallie K Harrison
America October 19, 2026
Information Ecosystem: Five Tools to Detect…

The information ecosystem is increasingly vulnerable to misinformation. There are…

By – Jackie Allen
America October 19, 2026
Kohen Wiley Is Dead. Mississippi Owes…

Kohen Wiley was 1 year old when police gunfire killed…

By – Michallie K Harrison
America October 19, 2026
AP Fact Check Examines Online Claims…

AP Fact Check reviews disputed claims, examines evidence and helps…

By – Jackie Allen
America October 20, 2026
Prudential’s $4B Brazil Mexico Sale Hands…

Big companies sometimes grow by letting go, the way a…

By – Rachel Moore
America October 19, 2026
Skywatchers: Meteor Season Brings Orionid and Taurid…

The Autumn Meteor Season is underway,. Skywatchers will have two…

By – Jackie Allen
America October 19, 2026
Patriot Missiles Delayed Despite Payment, Zelenskyy…

WASHINGTON — The United States is delaying deliveries of Patriot…

By – Michallie K Harrison
America October 19, 2026
Trump’s Russia Policy: Cornyn Shares Investigation…

WASHINGTON — Republican Sen. John Cornyn has amplified a call…

By – Michallie K Harrison
America October 19, 2026
Human Genome Project Legacy Advances Research…

The Human Genome Project transformed scientists’ understanding of human DNA.…

By – Jackie Allen
America October 19, 2026
An Airman Died After a Pregame…

By Michallie K. Harrison | Opinion Tech. Sgt. Ian Patterson’s…

By – Michallie K Harrison
America October 16, 2026
HealthSplash VP 18 Months Sentencing Rewards…

Cooperation can shave years off a prison term, but it…

By – Tyler Brooks
America October 16, 2026
Daylight Saving Time Returns Nov. 1…

Americans will turn their clocks back one hour on Nov.…

By – Jackie Allen
America October 16, 2026
California Identifies New York Life, Aetna,…

Key Takeaways   California’s Department of Insurance maintains an official…

By – Samuel Lopez
America October 16, 2026
Three Children, Teacher Killed in Oregon…

BEND, Ore. — An Oregon school shooting killed three children…

By – Michallie K Harrison
America October 15, 2026
Trump Scraps Hegseth’s Execution Livestream After…

WASHINGTON — President Donald Trump canceled the planned execution livestream…

By – Michallie K Harrison
America October 13, 2026
Pope Leo XIV’s Surgery Exposes Gap…

By Samuel López | USA Herald VATICAN CITY — As…

By – Samuel Lopez
America October 16, 2026
NFL Player $300M Hip Surgery Lawsuit…

Athletes bet their bodies on surgeons the way pilots bet…

By – Tyler Brooks
America October 16, 2026
Russian Drone Strikes Hit American Businesses…

Russian drone strikes against American-linked businesses in Ukraine are raising…

By – Jackie Allen
America October 11, 2026
AP Poll Top 25: Georgia Claims…

Georgia has reclaimed the top spot in the AP Poll…

By – Rachel Moore
America October 10, 2026
A.J. Armstrong: Former NFL Player’s Son…

 HOUSTON — Antonio “A.J.” Armstrong Jr., the son of former…

By – Jackie Allen
America October 9, 2026
NFL Pro Tyreek Hill Takes the…

What the Jury Is Hearing Lakeeta “Keeta” Vaccaro Hill testified…

By – Samuel Lopez
America October 9, 2026
Terrell Owens Sued By Nolan Wells’…

What Readers Need to Know Three young men who were…

By – Samuel Lopez

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter