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Concession termination was justified due to investors’ breaches
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Tribunal finds that investors are subject to (some) international human rights law obligations
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Claimants question what obligations they owe to Argentina
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Emergency measures do not breach FET; investment was already struggling
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Costs mostly split evenly, with small shift in favour of investors for jurisdictional successes
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Expropriation claim fails; concession was already worthless
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No damages for FET breach, since concession was already moribund
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FET does not mean fixed treatment, but ‘climate of cooperation’
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Authorities breached FET by engaging investors in doomed renegotiations
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Jurisdiction over counterclaim is enabled thanks to broad wording of BIT
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New regulatory framework no less favourable than previous
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Argentine authorities breached concession, but investors’ troubles were their own fault
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Defence of necessity found satisfied; Argentina did not contribute to crisis
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No real alternatives available to Argentina
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‘Unjustified or discriminatory measures’ claim dismissed
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No need for one of the claimants to have Spain’s blessing
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Argentina haunted by insistence that claimants lacked standing in local courts
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A claimant’s use of participation agreements did not lead to transfer of shares
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18 month clause is not an easily-discarded question of “admissibility”
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No viable process is available, so “unfair” to make investors go local
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Flip-side of obligatory nature is that a viable local option must be presented
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Tribunal rejects Argentine objections leveled at certain claimed “investments”
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Local processes identified by Argentina are all wanting
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First two years of case given over to arbitrator selection
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