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Argentine Disputes

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Recent articles

  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
  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
 
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