Secondary sources, such as specialized reporting services and other sources deemed reliable, are used to supplement primary sources and/or obtain case information otherwise unavailable. Starting in 1989, the company received a $56 million loan from the Overseas Private Investment Corporation (OPIC) for a power … 8. On 25 September 2007, an Annulment Committee of the International Centre for Settlement of Investment Disputes (ICSID) handed down a report heavily critical of the method of reasoning of an arbitral tribunal constituted in the aftermath of the 2001-2 Argentine financial crisis. Filter By: From : To : Date Filed: Venue: Case Number: Title: Party Type: 11/21/2007: New York Southern Distri The panel held that Argentina was liable to AWG for breach of a contract for the country's water services. Status/Outcome of original proceedings Included are those decisions that concern the substance of the case and affect the final outcome. • Decided in favour of investor: the tribunal found that the respondent State committed one or more breaches of the applicable IIA and awarded monetary compensation or non-pecuniary relief to the claimant investor. Equity and capital contributions in a gas transportation company; contractual rights under technical assistance agreement and operation license. not as “Pending”). Summary of the dispute Claims arising out of certain measures adopted by Argentina, in particular the adoption of the Emergency Law of 2002, which modified the regulatory environment under which the claimants invested in three natural gas distribution enterprises in … In Enron's morbid second life (now renamed Enron Credit Recovery Corporation - even less clear what Enron produces nowadays), the company took advantage of the U.S.-Argentina BIT to claim that their rights were violated, and Argentine taxpayers should compensate them for not shielding them from the economic and legal fallout of the crisis (fallout which, by the way, regular Argentines had to suffer … Follow-on (post-award) proceedings The Tribunal disagreed with the tribunal in Enron v. Argentina that the standard of “necessary” under the BIT was inseparable from the customary law meaning of “necessary.” Rather, the Tribunal held that because the text of Article XI reflected the formulation of Article XX of the GATT, it was more appropriate to refer to WTO case law. The Italaw.com portal offers a wide collection of case documentation for many investor-State disputes. By evaluating Argentina‘s defences in a manner that was so incomplete, according to the committee, it amounted to a failure to apply the applicable law. • Cases in which a final award has been rendered but which are later subject to follow-on (post-award) proceedings (e.g. • CRCICA: Cairo Regional Centre for International Commercial Arbitration that investments shall at all times be accorded fair and equitable treatment (Article II(2)(a) of the BIT) First Jurisdiction Decision: Enron Corporation and Ponderosa Assets L.P. v. Argentine Republic, ICSID Case No ARB/01/3, Decision on Jurisdiction, January 14, 2004 While every effort is made to keep the information up to date and complete, the material is provided without any guarantees or warranties as to its accuracy or completeness. I. For proceedings that end in a settlement, the amount of compensation that the State agreed to pay to the claimant under the terms of settlement (if known) is recorded in this section. enron v. THE ARGENTINE REPUBLIC (Annulment Decision), by Orlando Cabrera C. posted Nov 14, 2011, 11:15 AM by IACL [ updated Dec 6, 2012, 9:50 AM ] In ad hoc arbitrations or those that are subject to non-institutional arbitral rules (e.g. It requires policymakers, negotiators, civil society and other stakeholders to be well informed about foreign direct investment, international investment agreements (IIAs) and their impact on sustainable development. BRIEF SUMMARY Enron claimed that Argentina violated an … Proceedings may also be conducted without being administered by any institution. //-->. Typically it is the first word of a corporate claimant’s name, an abbreviation of the corporate claimant’s name, or the last name of a natural-person claimant “v.” the short version of the respondent State’s name. The summary of the dispute describes in very general terms the conduct allegedly in breach of IIA obligations as argued by the claimant (non-exhaustive). • Settled: the disputing parties settled the case and the arbitral proceedings were discontinued for that reason. In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. As a general rule, a rounded figure (to the nearest hundred thousand) of the amount claimed or awarded is provided. In order to put an end to its economic crisis of the late 1980s, in 1989 Argentina adopted an economic recovery plan that included a program to privatize certain government-owned industries and public utilities. Not included are any other (supplementary) arbitral decisions, e.g. In some cases, the approximate amount may be recorded to give a broad indication of the dispute’s magnitude. • MCCI: Moscow Chamber of Commerce and Industry [CDATA[// >