Table of Contents. previously written or published articles, new decisions, landmark decisions). ARB/01/12. Email Alerts. Limited breach of FET clause established in claim against Romania; No damages awarded The Rompetrol Group N.V. v Romania, ICSID Case No. For a fuller discussion of this case, see above, pp. BREAKING NEWS: ICSID annulment committee upholds Azurix v. Argentina arbitral award. In Azurix v. Argentina (above, § 58), the Tribunal held that a US company’s indirect investment in a water concession in Argentina held through a local subsidiary was an “investment” in the sense of the BIT and that it had precisely been the intention of the Contracting Parties to cover that type of interests in order to protect the real party concerned. Country: Argentina. S.D. %%EOF �E�2- *i�`.�X����S/�������j9H�g�V# �$�(u�����J��i���fHŝ�>/�0�rh����C[G�up0d��@���!Dx40����@ F��p�6� @�RP�b6��,iJ�`d��� AZURIX CORP. v. THE ARGENTINE REPUBLIC (ICSID Case No. "Azurix Corporation v Argentina, Award, ICSID Case No ARB/01/12, IIC 24 (2006), 23rd June 2006, despatched 14th July 2006, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. Dr. Andrés Rigo Sureda, President. 01.08.06 | 0 Comments. 01 Aug. Case of the Month: Azurix v. Argentina. [5] Similar reasoning was adopted in the tribunal’s response to the aforementioned cases, as well as in Siemens v.Argentina [6] and Vivendi II [7]. Volume 14 of the ICSID Reports includes the award and annulment decision in the resubmitted Klöckner case, the award in Azurix v. Argentina and the award in Siemens v. Argentina. Background to the Dispute IV. Marc Lalonde. Argentina , Award, Aug. 20, 2007. Awards and Decisions. Expert Opinion of Prof. Fernandez ... 28 Dec 2007. Published: July, 2006. 91 Azurix v Argentina, Final Award of 14 July 2006. Year of the award: 2006. Daniel Hugo Martins. ABA paid a … enforcing the award would be inconsistent with that jurisdiction‘s public policy.4 ... recent annulment decisions are Sempra v. Argentina,7 Enron v. Argentina,8 Vivendi v. Argentina,9 Rumeli Telekom v. Kazakhstan,10 Helnan International Hotels v. Egypt, Azurix v. Argentina,11 and MCI v. Ecuador.12 Five of the seven applications for annulment were brought by the respondent host state. My vote for the most important international law case for the month of July is Azurix v. Argentina. 5243 0 obj <>stream Subscribe to download. You are not logged in. "Azurix Corporation v Argentina, Award, ICSID Case No ARB/01/12, IIC 24 (2006), 23rd June 2006, despatched 14th July 2006, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. ARB/01/12)"). This ICSID arbitration is, at its essence, a case about water politics. The Claimants sought damages totalling US$316.9 million, plus compound interest from November 1997, for the harms inflicted upon them (paras. Introduction. 94AM7-vZaire, Award of 21 February 1997, paras 7.14-7.15. Award (English) Award (Spanish) Decision on the … Shareholders in the former Yukos oil company are seeking an estimated $100 billion in damages from the Russian government. Decisions, judgments and/or awards rendered in the course of follow-on (post-award) proceedings, as well as any individual opinions appended to them, are recorded. El Paso v Argentina, ICSID Case No. I. and Azurix cases point to a high bar when it comes to overturning ICSID awards Nov 13, 2009 BREAKING NEWS: ICSID annulment committee upholds Azurix v. Azurix Corp v Argentina (ICSID Case No ARB/01/12) - Annulment proceeding Practical Law Resource ID 4-504-4006 (Approx. `" MTD v Chile, Award of 25 May 2004, paras 242-243; Decision on the Application for Annulment of 21 March 2007, para 101. ARB/01/12), Decision on Argentine Republic’s Request the for a Continued Stay of Enforcement of the Award, December 28, 2007 (“Azurix Stay Decision”) ¶ ... the same portions of the Award that gave rise to Argentina’s Application First Stay Decision”) at . Azurix Corp. on July 14, 2006, pending a decision on Argentina's application for the annulment of the award.2 The numerous arbitration proceeding under the ICSID Convention initiated since 2001 against Argentina have led The composition of the ICSID ad hoc committees that adjudicate requests for annulment under the ICSID Convention is recorded. If you are a subscriber, please Login to access. Investment treaty: Argentina-United States BIT. 5220 0 obj <> endobj �r�(' ‚�40Jrp��Pq��f@t�9 �4�%�.0�!dWA.7A�/���\���gs�u�:`Mq��3�XWp�(�&aTa�c�Po0. and Azurix cases point to a high bar when it comes to overturning ICSID awards Nov 13, 2009 BREAKING NEWS: ICSID annulment committee upholds Azurix v. 3. In Azurix v.Argentina, the tribunal blithely stated that it could not understand why human rights law and investment treaty law might be incompatible. 8 Dec 2003. 8 August 2002 – arbitral tribunal constituted. 5233 0 obj <>/Filter/FlateDecode/ID[<0C40FB20F425A946836E481BB2C43E9B><05D28A6802A4B94FA7B5B52BBC9F931F>]/Index[5220 24]/Info 5219 0 R/Length 73/Prev 701041/Root 5221 0 R/Size 5244/Type/XRef/W[1 2 1]>>stream Sep 02, 2009 | by Luke Eric Peterson. Case of the Month: Azurix v. Argentina. Case ID: ICSID Case No. 26 Continental Casualty Company v The Argentine Republic, ICSID Case No ARB/03/9, Award of 5 September 2008, para 297. Page Count: 6 pages. H�}�T����m7�D-��f��:�� q]���+A���L@Vѕ;�b��E� �rO[�"dU��e�rE�L" &�W���te?��V��O3��� q��B�t�!��B��Y�= ARB-08-9) Order of Discontinuance of the Proceeding. ARB/01/3, Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (7 Oct 2008), para. Karl-Heinz Böckstiegel. During the 1999 water privatization in Argentina, Azurix, a US corporation, won – through its Argentinean subsidiary (ABA) – the tender for a 30-year concession for the distribution of potable water and the treatment of sewerage in the Province of Buenos Aires. Introduction. The tribunal's decision in SyC can be contrasted with the award in Oxus Gold v Uzbekistan, 16 under the UK-Uzbekistan BIT. 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. Timeline of the dispute. Responsibility of the Respondent for Actions and Omissions of the Province (a) Positions of the Parties (b) Considerations of the Tribunal 2. Dr. Andrés Rigo Sureda, President . If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. 38; Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic, ICSID Case No. On September 4, 2002, Argentina requested an extension till October 7, 2002, of the time limit fixed for the filing of the memorial on jurisdiction. Patocchi/ A.M. Whitesell (eds), Global Reflections on International Law, Commerce and Dispute Resolution, Liber Amicorum in honour of Robert Briner, 2005, p. 815 et seil. Get latest news, recent updates, and more delivered directly to your email. The Hon. 19 September 2001 – request for arbitration. 289 (1993) (table of contents, preamble, parts I-III) and 32 I.L.M. We highly encourage our users to submit any documents you might deem relevant (i.e. On October 7, 2002, Argentina filed its memorial on jurisdiction. On September 11, 2002, the Tribunal granted the extension sought by Argentina. Santiago Torres Bernárdez. In a May 6, 2013 award, an ICSID tribunal ruled that the Rompetrol Group (TRG) had established a limited breach of the Netherlands-Romania bilateral investment treaty (BIT) but had … ARB/03/15, Decision on Jurisdiction Summary: El Paso claimed against Argentina for the latter’s withdrawal of the guarantees and safeguards under the legal framework upon which El Paso had relied upon in investing in the electricity and hydrocarbons industries. =^ See e.g. shortcomings in the awards under scrutiny”. It is a website destined to become one of the biggest free online databases for lawyers and scholars seeking articles and cases related to international arbitration. 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. 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