International arbitration dispute DPWorld Callao S.R.L., P&O Dover (Holdings) Limited, and The Peninsular and Oriental Steam Navigation Company v. The Republic of Peru, ICSID Case No. ARB/11/21
Dr. Paul Kent, retained as an independent industry expert, prepared two reports and testified before an arbitration panel in relation to the Government of Peru’s argument against a damages claim made by the South Pier private operator. The Government of Peru awarded concessions for each terminal, North and South, at the Port of Callao. The South Pier concession was awarded first followed by the North Pier concession awarded years later. In this arbitration, the private company which held the South Pier concession was alleging discriminatory practices saying that the North Pier concession received more advantages which in turn jeopardized South Pier profits. The arbitration was to determine if the Government of Peru was at fault and, if so, how much would be owed the South Pier operator in damages. Years after filing its complaint, the South Pier operator withdrew its complaint.