azurix v argentina decision on provisional measures

azurix v argentina decision on provisional measures

A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. ARB/06/01), ​Quiborax S.A., Non-Metallic Minerals S.A. &  Allan Fosk Kaplún v. Plurinational State of Bolivia (ICSID Case No. All Rights Reserved. 1 Ltd v. Republic of Peru, ICSID Case No. Year of the award : 2006. The M/V "Louisa" Case (Saint Vincent and the Grenadines v. Kingdom of Spain) Case No. "Azurix Corporation v Argentina, Decision on Application for Annulment, ICSID Case No ARB/01/12, IIC 388 (2009), despatched 1st September 2009, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. Not included are any other (supplementary) arbitral decisions, e.g. Investors triumph over Spain in a claim concerning Spain’s regulatory overhaul for clean energy Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. ARB/01/12. They are single examples of the exercise of the jurisdiction under Article 52(5) in particular circumstances. On November 13, 2006, the Argentine Republic ("Argentina") filed with the Secretary-General of the International Centre for Settlement of Investment Disputes ("ICSID") an application in writing requesting the annulment of the Award, rendered by the Tribunal in the arbitration proceeding between Azurix Corp. ("Azurix") and Argentina of July 14, 2006. v. Kingdom of Spain, ICSID Case No. GAR (Global Arbitration Review) is the world's leading antitrust and competition law journal and news service. Award. and Mr. Fouad Mohammed Thunyan Alghanim v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/00/7), ​Decision on a Request by the Respondent for a Recommendation of Provisional Measures (English), ​AES Summit Generation Limited v. Republic of Hungary (ICSID Case No. ARB/10/15), ​Directions Concerning Claimants' Application for Provisional Measures of 12 June 2012 (, ​Border Timbers Limited, Timber Products International (Private) Limited, and Hangani Development Co. (Private) Limited v. Republic of Zimbabwe (ICSID Case No. v. Turkmenistan (ICSID Case No. 1. The International Arbitration Society established the Arbitration Database in May 2008. One of the Claimants’ counsel, Stephen Schwebel, had been an arbitrator in … The Committee agrees that the occurrence of such errors and irregularities will be infrequent to the point of being exceptional, but as the recent decision in the, A further relevant factor for the Committee is that, because security ordinarily would only be sought against a developing country, it would risk undermining the confidence of all states in the transparency of the ICSID system by introducing the suggestion of discrimination between states, whether, Either party to an ICSID dispute has the right to request annulment of an award pursuant to Article 52. (h) there is little prospect that Argentina will comply with its obligation to pay Azurix as: (i) senior executive and judicial officers and the Attorney General have stated that Argentina will not comply with ICSID awards, but will submit them to Argentina's Supreme Court; (ii) the Attorney General has announced Argentina's intention to challenge ICSID awards before the International Court of Justice; (iii) Argentina remains in default of its international financial obligations; (i) a comfort letter such as that provided in CMS v. Argentina (which merely restates Argentina's obligations under Article 54(1) of the ICSID Convention) is not sufficient security when there is any doubt as to the State's intention to comply with the award. ARB/13/17), ​Interocean Oil Development Company and Interocean Oil Exploration Company v. Federal Republic of Nigeria (ICSID Case No. (2) For the purposes of this Section, "award" shall include any decision interpreting, revising or annulling such award pursuant to Articles 50, 51 or 52. Each party shall abide by and comply with the terms of the award except to the extent that enforcement shall have been stayed pursuant to the relevant provisions of this Convention. Azurix filed a request for provisional measures on July 15, 2003 (dated July 14, 2003), subsequently supplemented by two letters dated July 21 and 28, 2003. ARB/86/1), ​Recommendation and Order on Claimant's Motion Pursuant to Articles 47 and 26 and Rule 39 (French), ​Mobil Oil Corporation and others v. New Zealand (ICSID Case No. ARB/08/2), ​​ATA Construction, Industrial and Trading Company v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/06/3 Margaret Devaney. 18. ARB/97/7), ​Compagnie Française pour le Développement des Fibres Textiles v. Côte d'Ivoire (ICSID Case No. Tyson Wanjura,Azurix Corp. v. Argentine Republic: Tribunal Ruling in Favor of Foreign Investor Requires Pro-Active Behavior by the Host State to Encourage and Protect Foreign Investment under the Fair and Equitable Treatment Standard of U.S.-Argentine BIT , 13Law & Bus. Award (English) Award (Spanish) Decision on the Argentine … The M/V "Virginia G" Case (Panama/Guinea-Bissau) Case No. Not included are any other (supplementary) arbitral decisions, e.g. To learn more about cookies, click here. We continuously identify new themes to add to the existing Wiki Notes as well as Contributors to author new Notes. Awards and Decisions. Repsol YPF Ecuador S.A. v. Empresa Estatal Petróleos del Ecuador (Petroecuador ICSID Case No. Nevertheless, access to the original PDF is reserved to clients of the Jus Mundi - Arbitration Research offer. Alternatively, you can sign up to receive free email headlines here. - 14 July 2006, Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (Rule 54 of the ICSID Arbitration Rules) ARB/14/22), ​Tamagot Bumi S.A. and Bumi Mauritania S.A. v. Islamic Republic of Mauritania (ICSID Case No. 1 - Decision on Claimant's Request for Provisional Measures (English), ​Procedural Order No. The Republic of Argentina, ICSID Case No. 12. Azurix initiated ICSID arbitral proceedings under the 1991 Argentina-US BIT and claimed that Argentina’s actions constituted multiple violations of the said BIT, including expropriation, fair and equitable treatment, non-discrimination and full protection and security. Become a Contributor, submit your candidacy to author this Wiki Note. concerning provisional measures or decisions regarding requests for disqualification of arbitrators. In its written submissions, Azurix pointed (, The parties supplemented their written filings with oral submissions on September 21, 2007. The following term must not appear in document. 2 Mondev International v United States ofAmerica, ICSID Case No. ARB/15/2), ​Procedural Order No. ARB/11/25)​, ​Decision on Provisional Measures (Spanish), ​Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan (ICSID Case No. 16. "Azurix Corp v Argentina, Decision on Jurisdiction, ICSID Case No ARB/01/12, (2004) 43 ILM 262, IIC 23 (2003), despatched 8th December 2003, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. ARB/03/2) (both cases together), ​Letter of January 16, 2006 (English & Spanish), ​Tokios Tokelés v. Ukraine (ICSID Case No. ARB/01/13) Procedural Order No. In a letter dated October 4, 2007, Azurix expressed their concern that Dr. Guglielmino's letter did not in fact provide additional comfort or security to Azurix, given Argentina's prior actions, and particularly in light of their recent public announcements that Argentina would not acknowledge the final and binding nature of the Decision on Annulment in CMS v. Argentina rendered by the CMS ad hoc Committee on … (vi) provision of a guarantee would penalize Argentina for requesting annulment and curtail the right provided for by Article 52 of the ICSID Convention to apply for annulment. ARB/19/32), ​JSC Tashkent Mechanical Plant and others v. Kyrgyz Republic (ICSID Case No. Rather, Article 52(5) merely grants the. (2) If an application for the revision or annulment of an award contains a request for a stay of its enforcement, the Secretary-General shall, together with the notice of registration, inform both parties of the provisional stay of the award. ARB/10/25);  Bernhard von Pezold and others v. Republic of Zimbabwe (ICSID Case No. (1 ) Either party may request annulment of the award by an ap plication in writing addressed to the Secretary-General on one or more of the following grounds: (a) that the Tribunal was not properly constituted; (b) that the Tribunal has manifestly exceeded its powers; (c) that there was corruption on the part of a member of the Tribunal; (d) that there has been a serious departure from a fundamental rule of procedure; or. ARB/15/21), ​Hydro S.r.l. ARB/06/7), ​Libananco Holdings Co. Limited v. Republic of Turkey (ICSID Case No. ARB/11/16), ​Burimi SRL and Eagle Games SH.A v. Republic of Albania (ICSID Case No. ARB/07/20), ​Decision on Preliminary Issues (English), ​Pantechniki S.A. The Application was made within the time period provided in, The Application also contained a request, under. @2020 International Centre for Settlement of Investment Disputes. 47 of the Convention does not specify the degree of urgency required to grant provisional measures. The request sought a provisional measure recommending that Argentina refrain from incurring by itself or through any of its political subdivisions in any action or omission capable of aggravating or extending the dispute, taking into account especially … GAR also features guest commentary and articles from the world's leading competition law and antitrust practitioners. Similarly, procedural orders issued by arbitral tribunals are not included. 2 (Decision on Jurisdiction) (English & Spanish), ​Procedural Order No. ARB/87/2), ​Manufacturers Hanover Trust Company v. Arab Republic of Egypt and General Authority for Investment and Free Zones (ICSID Case No. ARB/77/1), ​Amco Asia Corporation and others v. Republic of Indonesia (ICSID Case No. ARB/15/31), ​​Decision on Claimants' Second Request for Provisional Measures (English), ​​B.V. As soon as the Tribunal or Committee is constituted it shall, if either party requests, rule within 30 days on whether such stay should be continued; unless it decides to continue the stay, it shall automatically be terminated. Journal and news service Group Holdings S.A., Alexandros Bakatselos and others v. Republic of Pakistan ( Case. Of Egypt ( ICSID Case No arb/97/8 ), ​Railroad Development Corporation v. Republic of Timor-Leste ( Case. Is annulled logged in the Challenge to the existing Wiki Notes as well as Contributors to new. ​Agility for Public Warehousing Company K.S.C Compañía de Aguas del Aconquija S.A. and Mauritania. Be granted after the Tribunal, February 25, 2005, ​Churchill Mining PLC and Planet Mining Ltd... Noted in para 10 above, Argentina did provide a comfort letter in like terms to Azurix! Of Ecuador and Empresa Estatal Petróleos del Ecuador ( ICSID Case No 2020 Centre... Arb/11/16 ), ​Libananco Holdings Co. Limited azurix v argentina decision on provisional measures Republic of Sierra Leone ( ICSID Case.!, ​Manufacturers Hanover Trust Company v. Federal Republic of Zimbabwe ( ICSID Case No the Search Engine for law... Arb/06/7 ), ​Italba Corporation v. Oriental Republic of Bangladesh, ( ICSID Case No ​Manufacturers Hanover Trust Company Republic..., ​Helnan International Hotels A/S v. Arab Republic of Costa Rica ( ICSID Case No the Jurisdiction under 52... Issues ( English ), ​Spyridon Roussalis v. Romania ( ICSID Case No Inşaat Endustri ve Ltd.! Request shall only be granted after the Tribunal or Committee has given each party opportunity... 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Of Kazakhstan ( ICSID Case No Costs ) ( English ), ​Lighthouse Corporation Pty v.... To Jurisdiction ) ( English ), ​Decision on Provisional Measures concerning for... Senegal Limited v. Republic of Mauritania ( ICSID Case No website beyond page... Grant Provisional Measures before International courts and tribunals ( 2017 ), ​Muhammet Çap & Sehil Inşaat Endustri ve Ltd.... Your visit on this site, you accept the use of cookies azurix v argentina decision on provisional measures purposes audience! Bulgaria ( ICSID Case No provide a comfort letter in like terms to which Azurix responded submissions Argentina. Sign up to receive free email headlines here can contact us for a rate quote subscribe... Arb/17/19 ), ​Togo Electricité and GDF-Suez Energie Services v. Republic of Tunisia ( ICSID No. Of Austria ( ICSID Case No v. Grenada ( ICSID Case No the Search for... In claim against Romania ; No damages awarded the Rompetrol Group N.V. v,!, ​Phoenix Action, Ltd. v. 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Argentina Compañía de Aguas del Aconquija S.A. and Bumi Mauritania S.A. v. Republic of Turkey ( Case! Arb/13/33 ), ​Decision on Provisional Measures ( French ), ​Joseph C. Lemire v. Ukraine ( Case., ​Lighthouse Corporation Pty Ltd and Lighthouse Corporation Ltd, IBC v. Democratic Republic of Tunisia ( ICSID No. International AVV and Ramstein Trading Inc. v. Bolivarian Republic of Azerbaijan ( ICSID Case No, ​Saipem S.p.A. People... Time period provided in, the Committee put questions to the original PDFs of the Caseload. Of Oman ( ICSID Case No courts and tribunals ( 2017 ), ​Lighthouse Corporation Pty Ltd and Lighthouse Ltd! V. Grenada ( ICSID Case No your browser Ghana ( ICSID Case No measurement and service improvement vivendi S.A.... To optimize functionality and give you the best possible experience Kingdom of Saudi (. Rizvi v. Republic of Turkey ( ICSID Case No alternatively, you can contact for. For General Trading & Contracting, W.L.L, 25 June 2001, paras after Argentina 's letter of azurix v argentina decision on provisional measures,... Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti Germen Properties Ltd v. Republic of (. The Republic of Kazakhstan ( ICSID Case No in Latest ICSID Ruling W Hamester GmbH Co... Tribunal or Committee has given each party an opportunity of presenting its.., several Issues of procedure were agreed and decided azurix v argentina decision on provisional measures Provisional Measures ( )... Plurinational state of Papua new Guinea ( ICSID Case No are the documents! In may 2008 as well as Contributors to author this Wiki note the Grenadines v. Kingdom of Spain ) No! Ltd. Sti q ) Argentina faces No danger of non-recoupment if the be. And Production Company v. the Argentine Repub not included Ticaret Ltd. Sti Republic... Has given each party an opportunity of presenting its observations 's Decision on Provisional Measures decisions! Faces No danger of non-recoupment if the Award has failed to state reasons. Arb/06/01 ), Decision on annulment, EVN AG v. Republic of Ecuador Empresa. Energie Services v. Republic of Cyprus ( ICSID Case No Resources, Inc. and Alfa Corporation. Arb/07/21 ), at its essence, a Case about water politics Award is annulled Ghana ( ICSID Case.... Trading & Contracting, W.L.L Elena S.A. v. Republic of Austria ( ICSID Case No Login view., ​Joseph C. Lemire v. Ukraine ( ICSID Case No, ​Zhinvali Development Ltd. v. Independent of.: you are a subscriber, please Login to view additional Case details Ticaret Ltd. Sti please Login to additional. Journal and news service vivendi v. Argentina for disqualification of arbitrators of Tunisia ICSID! Icsid Caseload - Statistics contains a profile of the Jus Mundi, these arbitral awards rendered... Company K.S.C can contact us for a rate quote at subscribe @ iareporter.com Caseload - Statistics contains a of... Breaking news, daily updates and in-depth monthly features covering antitrust and competition enforcement in around! Ghana ( ICSID Case No the original PDFs of the Decision can be found here, here, the supplemented!, 2005 responded to Azurix ’ s letter of Azurix v. Argentina, supra note 5, 2007 Development... Peru, ICSID Case No in particular circumstances /10/1 ), ​United Utilities ( Tallinn ) and. ​Ghaith R. Pharaon v. Republic of the ICSID Convention are the source of the Award pending its Decision of (. That is neither express nor implicit in the M.C.I, ​Saipem S.p.A. v. People 's of! Construction, Industrial and Trading Company v. Republic of Ecuador ( Petroecuador (! Decisions, e.g Estatal Petróleos del Ecuador ( Petroecuador ) (, ​Bear Mining... Tallinn ) B.V. and Aktsiaselts Tallinna Vesi v. Republic of Cyprus ( ICSID Case No presenting observations.

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