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Argentina

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Recent articles

  Arbitrators in water privatization dispute dismiss all jurisdictional objections raised by Argentina in face of Spanish investors’ claims
  ICSID tribunal weighs in with unanimous reading of local litigation requirement found in Argentine bilateral investment treaty
  ICSID annulment notes: Sri Lanka seeks to overturn award in favour of Deutsche Bank; panelists named to hear Daimler’s challenge to Argentine verdict
  Effort fails in bid to disqualify former Argentine official Gabriel Bottini in Saint-Gobain v. Venezuela arbitration
  ICSID Annulment Committee selected to hear Argentina’s bid to annul $200 million arbitral award in EDF electricity dispute
  Another divided ICSID tribunal finds it has jurisdiction to arbitrate an Argentine sovereign debt dispute; failure to pursue local remedies not fatal to case
  Tribunal sees no reason to exclude sovereign debt from investments eligible for protection at ICSID and under bilateral investment treaty
  ICSID Arbitrators rule that Spanish investors in Argentine airline complied with pre-arbitration procedural requirements in bilateral investment treaty
  Buergenthal (and Alvarez) stand behind Maffezini approach to MFN clause in latest case to arise under Spain-Argentina BIT
  Arbitrators in Argentine airline case wave off jurisdictional objections rooted in third-party funding of case and alleged illegality
  As Repsol files arbitration against Argentina, row erupts over alleged "diplomatic protection" by Spain and the EU
  New York Court declines to bar Bank of America subsidiary from pursuing (again) confirmation of CMS v. Argentina award
  Several arbitration industry interests weigh in with support for BG’s effort to overturn vacature of $185 million Argentine award
  Majority of tribunal declines to permit Daimler to use MFN clause to circumvent local litigation requirement in Argentine investment treaty
  ANALYSIS: Daimler majority closely follows ICS v Argentina reasoning in rejecting extension of MFN clause to dispute settlement
  ANALYSIS: More divergence on MFN and dispute settlement as one arbitrator sticks to his guns in new ICSID ruling, while another has a “change of heart”
  ANALYSIS: EDFI v. Argentina case sees arbitrators delving into mundane contractual quarrels, as well as weighty questions of crisis-response
  Another ICSID loss for Argentina, as arbitrators award 136 Million to jilted investors in electricity concession; with interest, award exceeds 202 Million
  Newly-released SAUR v. Argentina decision touches on illegality, test for expropriation, and financial "strangulation" of a concessionaire
  Argentina liable for breach of investment treaty in ICSID dispute with French water company SAUR
  ICSID picks three to review El Paso v. Argentina award
  Full reasons emerge for PCA’s dismissal of Argentine bid to disqualify two arbitrators in sovereign bond case
  ANALYSIS: German law firm says it can pursue Greek default claim at ICSID, but fails in chat with IAReporter to persuade that claim is a slam-dunk
  Arbitrators dismiss UNCITRAL investment treaty claim due to failure of claimant to begin in local courts (Argentina)
  ANALYSIS: MFN clause that had worked for some previous investors fails to unlock door to arbitration
  ICSID Round-Up: Argentina bondholders tribunal reconstituted, Hungary tribunal picked, and two new annulment panels chosen
  Newly-published award finds Argentina treated El Paso Corporation “unfairly”, but arbitrators take state-friendly reading of some investment treaty protections
  ANALYSIS: ICSID tribunal in Argentine case treads new ground with concept of “creeping” unfair treatment
  El Paso tribunal appoints expert to adjust proposed DCF model; takes wide view of implications of tax exclusion on damages
  ANALYSIS: Latest split amongst ICSID arbitrators over Argentina’s necessity defense reflects wider chasm; role of “state practice” in treaty interpretation also studied
  U.S. Court tears up $185+ Million award due to failure of arbitrators to respect treaty’s call for 18 months of local litigation in Argentina
  Arbitral award in El Paso v. Argentina ICSID arbitration now available for download
  Argentina fails in effort to disqualify arbitrators in sovereign debt arbitration at ICSID
  BRIEFLY NOTED: Arbitrator resigns after sharp dissent in ICSID case; Peru and Argentina each move to annul awards at ICSID
  Third arbitrator in Argentine sovereign bonds dispute weighs in with blistering dissent
  Dissenting arbitrator argues that Argentine bonds bought on secondary market are not “investments” made in Argentina
  Arbitrator raises alarm about future workability of sovereign debt restructuring processes if ICSID tribunals are to wade into such disputes
  U.S. energy company wins $43 Million plus substantial interest for treaty breaches by Argentina
  Arbitration over Argentine road concession to proceed, but arbitrators disagree whether MFN clause permits investors to detour around local courts
  Grounds are revealed for Argentina’s bid to disqualify arbitrators in sovereign bond default dispute
  Arbitral award in Argentine financial crisis case will stand; government obliged to pay modest sum to U.S. insurance company
  Arbitrators in Argentine bond dispute weigh in on definition of “investments” eligible for arbitration under ICSID system, and take a liberal approach to the requirements that investments be made in Argentine territory
  Various objections by Argentina to bond claim are admissibility questions, including scope for mass claims in ICSID system; policy considerations do not deter majority hearing sovereign debt disputes
  Arbitrators take lenient approach to need for prior consultation and domestic litigation in Argentine bond case
  Several lessons for third-party funders in Argentine bond-holders arbitral ruling at ICSID
  Majority opinion in ICSID bondholders claim has broader lessons for defaulting sovereigns, fractured tribunals, shareholder groupings, and would-be claimants needing help getting ICSID claims registered
  World Bank arbitration tribunal upholds jurisdiction over Billion Dollar claim by Italian victims of Argentine sovereign debt default
  Arbitrators split on jurisdiction over water concession dispute, but agree that Argentina committed some treaty breaches and should reimburse Italian investor for its sunk costs
  Majority of arbitral tribunal permits Italian investor to detour around jurisdictional requirement in investment treaty; Brigitte Stern counters that MFN clause cannot be used in this manner
  While majority sees no treaty breach in many aspects of provincial regulators’ treatment of water concession, Charles Brower takes dimmer view of “political” motives and “gradual wearing-down” of project
  New panel picked to hear resubmitted claim by Enron creditors against Argentina
  Argentina liable for mistreatment of investments by French energy multinational, but majority sees no treaty breaches during peak of financial crisis
  Arbitrators in Total v. Argentina arbitration revisit Argentine treatment of gas transport investment that figured in earlier CMS v. Argentina case
  Co-arbitrators in Total v. Argentina case take widely-divergent views of Argentina’s Fair and Equitable Treatment obligation under investment treaty
  U.S. Court sets out reasons for dismissing Argentine government’s efforts to block confirmation of $185 Million US arbitral award; Argentina to appeal
  Argentina by the numbers: where things stand with investment treaty claims arising out of the Argentine financial crisis
  Sempra goes back to the drawing board in long battle with Argentina
  Enron creditors file new ICSID claim arising out of Argentine financial crisis and claim many earlier holdings are res judicata
  Arbitral award will stand in Vivendi v. Argentina case, but an arbitrator is criticized over lack of disclosure
  Argentina calls for discussion at upcoming World Bank meeting following Annulment Committee Member’s allegation of meddling by ICSID Secretariat in annulment process
 
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