Revealed: ICSID tribunal in MetLife v. Argentina sees no customary international law limitation period and finds that state expropriated pension fund’s assets, but quantum is reduced to fraction of damages claimed

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Analysis: In Orazul v. Argentina, full tribunal upholds jurisdiction over claims stemming from post-crisis electricity pricing regime, seeing no limitation period absent specific provisions; majority dismisses all claims on the merits

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ICSID tribunal in Orazul v. Argentina upholds jurisdiction, but majority dismisses all claims on the merits; David Haigh would have found breach of electricity investor’s legitimate expectation

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Looking Back: ICSID ad hoc committee in CMS v. Argentina found that it had the power to impose conditions on award’s stay of enforcement, but saw no need for security in light of state’s written assurances

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Argentine court grants recognition and enforcement of Urbaser v Argentina costs award – but holds that the award’s execution is subject to public policy rules relating to the settlement of judgments against the state

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Looking Back: In BG Group v. Argentina, an UNCITRAL tribunal admitted claims despite claimant’s failure to fulfil local remedies requirement, found breach of legitimate expectations under MST, and rejected Argentina’s necessity defence

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ICSID tribunal declines request for disclosures regarding funder-affiliated claimant representative, considering absence of outside funding in the arbitration; non-appearance of legal expert at the hearing was justified

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Co-arbitrators dismiss mid-hearing challenge against chair Inka Hanefeld; decision addresses failure to disclose involvement in Green Power arbitration and conduct at the hearing

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[Updated with document] ICSID Chair dismisses Argentina’s argument that a series of events surrounding the organization of a hearing warrant the disqualification of the entire tribunal

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Looking Back: Gas Natural v. Argentina tribunal upheld jurisdiction over claims for derivative losses and allowed the bypassing of local litigation requirements through MFN provision

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Analysis: Tribunal majority finds that revocation of casino license was arbitrary and disproportionate, thus amounting to an indirect expropriation; respondent’s nominee considers that the revocation was shielded by the police powers doctrine

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Looking Back: Azurix v. Argentina tribunal grappled with the distinction between contractual and treaty claims, discussed legitimate expectations, and found that the state’s behaviour towards a water concessionaire amounted to a treaty violation

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Looking Back: Telefonica v. Argentina tribunal rejected jurisdictional objections based on derivative shareholder claims, forum selection clause, and local litigation requirement

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Looking Back: Tribunal in AES v. Argentina pondered the role of arbitral precedent, set out a two-prong test for defining a “legal dispute”, and found contractual forum selection clauses irrelevant to a treaty-based dispute

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Looking Back: First Sempra v. Argentina tribunal read FET standard as gap-filler in the context of investment protection; award was later set aside

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Looking Back: In Enron v. Argentina, arbitrators discussed police powers and necessity exception in times of economic crisis

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Looking Back: In Siemens v. Argentina, arbitrators used MFN to bypass local litigation requirement and found an expropriation of contractual rights, but ultimately saw their award abandoned as part of Siemens’ settlement of bribery scandal

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In new award, arbitrators uphold jurisdiction over BIT claim against Argentina, finding that the claimant has made a prima facie case that the respondent’s failure to pay monies under contract amounts to a treaty violation

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US Supreme Court declines to review lower court decision that dismissed Argentina’s immunities defence in expropriation – path now opened for hearing of expropriation claim on merits case

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Analysis: in Exxon-Mobil vs. Argentina case, ad hoc committee saw an excess of powers by underlying tribunal, but not a manifest one; committee also picked a side in debate over scope for committees to review arbitrator DQ decisions

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Full review of Teinver v. Argentina annulment decision reveals that ICSID ad hoc committee considered role of third-party funding industry’s code on best practices, as well as power of attorney questions

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Another expensive setback for Argentina, as Exxon-Mobil finally prevails in long-running BIT arbitration over gas distribution and export business

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In Teinver case, Argentina fails in its bid to set aside hefty award of $320 million (plus pre and post award interest)

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Newly-released decision explains why annulment committee in Hochtief v. Argentina stayed enforcement of an award in favour of party seeking annulment

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Mobil v. Argentina: in heretofore-confidential quantum award, tribunal focuses on proven decrease in revenues rather than fair market value; dissenter opposes costs-follow-the-event approach

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Looking Back: In newly-disinterred Houston Industries v. Argentina award, ICSID tribunal decided that it lacked power to grant discontinuance request in the face of Argentina’s insistence that costs still needed to be resolved

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Mobil v. Argentina liability ruling (Part 2 of 3): tribunal sees breach of commitments made specifically to investors and thus violation of FET standard; holdings differ from similar Total v. Argentina case

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Argentine court rules that ICSID decisions involving Argentina must be published under domestic FOI law – leading to successful acquisition of previously-confidential Exxon-Mobil and Houston Industries rulings

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Looking Back: On the merits, CMS tribunal finds Argentina liable for breaches of FET and umbrella clause, sparks debate on necessity defense; despite partial annulment and heavy criticism from annulment committee, the award stands

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Looking Back: In LG&E v. Argentina, tribunal accepts Argentina’s necessity defense, partially excusing it from liability, but still orders respondent to pay $50 million+ in damages

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An overview of our reporting from September-December 2018

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ICSID committee declines to annul Suez v. Argentina (Case 03/17) award, but frowns on ICSID’s arbitrator challenge process and copy-paste approach used by arbitrators across several awards

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In-depth: exploring the valuation methodology, treatment of counter-claims and the dissenting opinion in the Teinver v. Argentina case

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Argentina liable to pay upwards of $400 million for unlawful expropriation of airlines, but dissenter sees no BIT jurisdiction and questions role of litigation funder that stands to earn nine figure recovery

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Looking Back: In resubmitted Vivendi proceedings following annulment, tribunal confirms jurisdiction and finds Argentina in breach of FET

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In-depth: ICSID annulment committee upholds Suez tribunal analyses of local litigation clause, necessity defence and damages

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$400 million Buenos Aires water concession award withstands Argentina’s annulment attempt, as committee sees no arbitrator conflict of interest that would justify set-aside

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ICSID Annulment Round-Up: requests filed in relation to awards involving Italy, Hungary, Argentina and Venezuela

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In a new award, Hochtief gets $13.41 million for some Argentine losses, but bulk of damages case falls away under closer scrutiny by arbitrators

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In a first, BIT tribunal finds that it has jurisdiction to hear a host state’s counterclaim related to investor’s alleged violation of international human rights obligations

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U.S. Federal Court sees ties of Gabrielle Kaufmann-Kohler to investor as inconsequential – and reminds that arbitrators are not held to same standards of judicial decorum as judges in any event

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