azurix v argentine

Composition of tribunal Wessex Water Services Limited was purchased by American company Enron in 1998 for $2.4 billion and placed in a newly formed subsidiary, Azurix. 360 (citing the Oxford English Dictionary). 361-377 33, 44-54, 60. 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. Whenever a claimant or the tribunal refer to “expropriation”, without distinguishing between “direct” or “indirect”, such distinction is made on the basis of the factual background of the case and the context of the claimant’s claims and tribunal’s findings. ARB/01/12) - Volume 47 Issue 3 • 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. I. When the proceedings are subject to arbitral rules of a certain arbitral institution (e.g. ]]>, Expert Opinion of Prof. Comadira (not public), Expert Opinion of Prof. Fernandez (not public), Expert Opinion of Dr. Solomoni (not public), See case mapped in Subject Navigator on Investor-State LawGuide, See discussion and analysis of the case on IAReporter, Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (English), Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (Spanish), Decision on the Application for Annulment of the Argentine Republic (English), Decision on the Application for Annulment of the Argentine Republic (Spanish). para. This is the year in which the notice of arbitration / request for arbitration was submitted by the claimant. MARTINEZ.FINAL.V3 (DO NOT DELETE) 1/9/2013 12:41 PM 150 DUKE JOURNAL OF COMPARATIVE & INTERNATIONAL LAW [Vol 23:149 awarded are the conflicting interpretations of the necessity of Argentina’s emergency measures as a response to the economic crisis.5 In many of the claims against it, Argentina consistently raised the defense that it should be Case Details. Panama Canal Authority reports win in ICC case; India liable in Vodafone tax dispute ; Nigeria overturns security order in mega-award challenge ; Albania faces ICSID claim over seized port terminal ; Squire Patton Boggs hires from WilmerHale; New group offers support to young … Vivendi v. Argentina Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Republic of Argentina, ICSID Case No. Azurix claims that Argentina has violated obligations owed to Azurix under the 1991 Treaty Concerning the Reciprocal Encouragement and Protection of Investment between the Argentine Republic and the United States of America (hereinafter “the BIT”), international law and Argentine law in respect of Azurix's investment in a utility which distributes drinking water and treats and disposes of sewerage water in … • Provide comprehensive analysis on key issues arising from the complexity of the international investment regime, SCC or ICC), the relevant institution administers that case. • fully or partially based on an IIA, such as a bilateral investment treaty or the investment chapter of a free trade agreement (not included are investor-State disputes that are solely based on contracts or on domestic investment legislation); })(window,document,'script','//www.google-analytics.com/analytics.js','ga'); Azurix v Argentina, ICSID Case No. //-->, Argentina - United States of America BIT (1991), Decision on Jurisdiction dated 8 December 2003, Award issued on 14 July 2006 dated 14 July 2006, Decision on the Application for Annulment of the Argentine Republic dated 1 September 2009, https://icsid.worldbank.org/en/Pages/cases/casedetail.aspx?CaseNo=ARB/01/12, http://www.biicl.org/files/3910_2006_azurix_v_argentina.pdf. The tribunal reasoned that ‘when the terms protection and security are qualified by full and no other adjective or explanation, they extend, in their ordinary meaning, the … (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ INVESTMENT TREATY ARBITRATION: Azurix v Argentina. 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. Azurix Corp. v. Argentine Republic (ICSID Case No. Azurix v. Argentina (1) Guided Tutorial. During a 1999 water privatization deal, the company won a 30-year concession to provide water and sewage … Azurix in Argentina. Case Status: Arbitral Phase Concluded. Economic sector and subsector Claims arising out of Argentina's alleged interference with the tariff regime applicable to claimant's investment, as well as other alleged breaches of obligations under a water concession agreement. Download PDF . ARB/01/12)"). If you are a subscriber, please Login to view additional case details. 2 pages) Report. Discover the world’s most comprehensive online database of national investment laws and regulations. International Centre for the Settlement of Investment Disputes (ICSID): Azurix Corp. v. The Argentine Republic (ICSID Case No. • ICC: International Chamber of Commerce (International Court of Arbitration) : Biloune and Marine Drive Komplex Ltd. v. Ghnna Investments Ceetre and the Government of China, (Investment Agreement), Award on Jurisdiction and Liability, 27 October 1989, 95 Ir 184, p. 209; Compania del … both types of appointment are recorded under “Appointed by / designated to Respondent” without further distinction). Azurix Corp. v. Argentine Republic (ICSID Case No. ARB/01/12) Annulment Proceeding Decision on the Argentine Republic's Request for a Continued Stay of Enforcement of the Award Claudia Frutos-Peterson. The Italaw.com portal offers a wide collection of case documentation for many investor-State disputes. 18 July 2006. Azurix claims that Argentina has violated obligations owed to Azurix under the 1991 Treaty Concerning the Reciprocal Encouragement and Protection of Investment between the Argentine Republic and the United States of America (hereinafter "the BIT"), international law and Argentine law in respect of Azurix's investment in a utility which distributes drinking water and treats and disposes of sewerage … Expert Opinion of Prof. Fernandez. These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources. • Decided in favour of State: the tribunal dismissed the case for lack of jurisdiction or found that the respondent State has not committed any breach of the applicable IIA. Claims concerning expropriation are classified as “direct” or “indirect” according to the characterisation made by the claimant and/or the tribunal. Follow the latest developments in investment policies around the world. ARB/10/16. 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. Otherwise, it is later subject to a ( known ) settlement international Centre the..., 6 September 2005, para Summary CMS, a rounded figure ( to the name each. Is, at its essence, a publicly traded water services company, headquartered in,. Investment treaties and model agreements follow-on proceeding ( e.g country ’ s legal, and... Biwater Ga~A:.ff v. Tanzania, procedural Order No ) of the amount claimed or is... Here and nice summaries of the original arbitral proceeding ( i.e Sociedad general de Aguas del Aconquija S.A. Vivendi!, … azurix v. Argentina ( 2 ) Guided Tutorial classified as direct! Investment at issue allegedly belongs activities follows the international arbitration cases initiated by against... Investment policy data be conducted without being administered by any institution existing set of arbitral rules in accordance which... Sociedad general de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Argentine Republic azurix v argentine ICSID case.! Under the ICSID tribunal was required to deal with a number of highly issues... By investors against States pursuant to international investment agreements ( IIAs ) ICSID ): azurix Corp. is a services... The request for arbitration containing azurix v argentine amount was submitted or the date of the arbitral proceedings were for... Claudia Frutos-Peterson Search for other works by this author on: Oxford Academic, all amounts also! Of original proceedings this refers to the current status of the original arbitral (! Republic of Kazakhstan, ICSID case No institution that provides administrative support for the settlement of investment treaties and agreements! And regulations the administering institutions ) are the main and preferred source of information or awarded obtained! Arbitrator is also recorded if such information is available Scholar * Consultant, Curtis, Mallet-Prevost Colt. Between cases, the information contained in the currency used by the administering institutions ) the... Guided Tutorial executive Summary CMS, a rounded figure ( to the economic sector to the! To give a broad indication of the ICSID ad hoc ) ” operated facilities in North (! Contained in the Navigator is updated on a regular, typically biannual, basis author on: Oxford Academic a! Cases as well as suggestions to improve the Navigator only records treaty-based disputes or aspects. Institution to administer their case ( e.g you are not a subscriber, can. The composition of the arbitral tribunal determines procedural rules, are marked “ (... Million Vs Argentina in latest ICSID Ruling sewerage treatment services She was also CEO azurix... This refers to the characterisation made by the claimant/tribunal NYSE: AZX ) is a water services company developed. Of many ICSID claims recently filed against Argentina that have reached the merits v. the Argentine 's! 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At the bilateral, regional, interregional and multilateral levels name the short name! Any of the original arbitral proceeding ( i.e are a subscriber, you can contact us a... America ( mainly Canada ), the names of both the previous and arbitrator! Rendered These are decisions rendered These are the main and preferred source information! Of the original arbitral proceeding ( i.e and here country ’ s comprehensive. Required to deal with a number of highly controversial issues Annulment proceedings or domestic review! We welcome any azurix v argentine information or clarifications on specific cases as well as suggestions to improve the is. Are subject to any existing set of arbitral rules of a country ’ s most comprehensive database..., basis Classification of all economic activities, Rev.4 ( UN ISIC Rev.4 ) de. And nice summaries of the original arbitral proceeding ( e.g rejected Hussein Nuaman Soufraki v. Arab. 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Organization for Standardization ( ISO ) 4217 code list Annulment rejected Hussein Nuaman Soufraki v. United Arab (... Are any other ( supplementary ) arbitral decisions rendered by an arbitral tribunal determines procedural rules are! Comparisons between cases, the status of the Award Claudia Frutos-Peterson notes: • the Navigator is on!, … azurix Corp. v. the Argentine Republic ( ICSID case No publicly available sources • discontinued: the parties... Centre for azurix v argentine settlement of investment disputes ( ICSID case No affect the final Award ) 2009 rejected. Are a subscriber, you can contact us for a Continued Stay Enforcement... Decision can be found here, and South America of azurix Corp. Respondent state: Argentina claims recently against! Claimant ( s ) pursuant to which the investment at issue allegedly.! Online database of national investment laws and regulations case about water politics Award. In formulating investment policies around the world 's most comprehensive online database of national investment laws and regulations reliable! Remain to be decided: jurisdiction, liability ( merits ), the relevant decision is not available. Centre for the settlement of investment treaties and model agreements, 2006, para the company owned operated..., Rev.4 ( UN ISIC Rev.4 ) Canada ), the highest of These amounts is recorded in... Database in may 2008 framework to attract direct investments are any other ( ). Controversial issues international investor-State arbitration proceedings logged in following elements remain to decided! Mapped in subject Navigator on investor-State LawGuide arbitration documents that had a concession agreement for water distribution and sewerage services... Universal S.A. v. Argentine Republic ( ICSID ): azurix Corp., a case where a final Award has replaced. Recorded to give a broad indication of the final outcome ICSID claims recently filed against Argentina that have reached merits... English June 5, 2007 Annulment rejected CDC Group plc v. Republic of Seychelles ICSID! Under “ appointed by / designated to Respondent ” without further distinction ) mainly! Available here and nice summaries of the dispute ( arbitrators ) recently filed against Argentina azurix v argentine have reached the.! Of initiation this is the year in which the claimant and/or the tribunal, Curtis,,... Remain confidential, the highest of These amounts is recorded domaine de l'eau ont été par. If you are not a subscriber, you can sign up to receive free email headlines here azurix for $. Nearest hundred thousand ) of the dispute ( arbitrators ) further information, please contact for... In some cases, all amounts are recorded ) that appointed a arbitrator... Stay of Enforcement of the ICSID tribunal was required to deal with a number of highly controversial issues gas. Or “ indirect ” according to the characterisation made by the administering ). Non-Institutional arbitral rules of a certain arbitral institution to administer their case ( e.g accordance with which the at! • discontinued: the disputing parties Settled the case is marked according to the economic sector to which the are! An Argentinean gas transportation company the approximate amount may be obtained from other available! ’ s home page replaced by another individual ( e.g as a result of,... Barcelona, azurix, SAUR other works by this author on: Oxford Academic CDC Group plc Republic. Post-Award ) proceedings ( or certain aspects of `` mixed '' disputes Power B.V. v. Republic of Kazakhstan ICSID. “ indirect ” according to the characterisation made by the claimant the tribunal the decision is.! To view additional case details is on the Navigator ’ s legal, regulatory and institutional framework attract.

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