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Ongoing negotiations with local company and uncertainty of damages were not found to be a bar to jurisdiction
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Adopting broad understanding of “investment”, tribunal held that Continental could bring claims based on treatment related to its local subsidiary
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Despite the general character of the contested emergency measures, the tribunal considered that the dispute had arisen “directly” out of the investment
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Tribunal considered that dispute was “legal” in nature
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Tribunal deemed that the claims were prima facie withing the scope of its jurisdiction
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Background: Measures introduced by Argentina in the aftermath of the 2001 financial crisis prompted claimant to initiate ICSID arbitration
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Tribunal interprets BIT’s public order and essential security exceptions
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Investor claimed for losses to its local insurance subsidiary’s investment portfolio
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Rectification request granted to clarify remedy modalities
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Most breaches of US-Argentine BIT rejected in Continental Casualty case
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Tribunal interprets key treaty clauses
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