For arbitrary and unjustified termination of the Concession Contract for the construction and operation of the Chinchero Airport in Cusco.
On May 9, the Kuntur Wasi Airport Company has been notified by the Arbitration Court of the International Center for Settlement of Investment Disputes (ICSID) of the favorable award in the arbitration it held in said international instance against the Peruvian State for the unjustified termination of the Concession Contract for the construction and operation of the Chinchero Airport in Cusco in 2018.
The ICSID arbitration award, which constitutes the final instance, establishes that the Peruvian State must compensate the Kuntur Wasi Airport Society with 91 million dollars for the return of the guarantee, business profit, return of general expenses and the penalty for resolution. unilateral of the contract. Said amount is subject to interest at the average active rate in dollars until the time the disbursement is made.
The ICSID Arbitration Tribunal unanimously determined that the concession contract and its addendum were fully valid and lawful and that the Ministry of Transportation and Communications' decision to terminate the contract unilaterally was arbitrary and unjustified.
In 2018, Sociedad Aeroportuaria Kuntur Wasi went to ICSID due to the Peruvian State's failure to comply with its obligations under the Concession Contract and its decision to terminate it unjustifiably.
The ICSID ruling confirms that the members of the Kuntur Wasi Airport Society and its executives acted in good faith and within the framework of Peruvian legislation, during the negotiation and signing of the contract and its addendum.