Tag Archives: Argentina necessity defence

Newly-published award finds Argentina treated El Paso Corporation “unfairly”, but arbitrators take state-friendly reading of some investment treaty protections

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ANALYSIS: ICSID tribunal in Argentine case treads new ground with concept of “creeping” unfair treatment

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El Paso tribunal appoints expert to adjust proposed DCF model; takes wide view of implications of tax exclusion on damages

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ANALYSIS: Latest split amongst ICSID arbitrators over Argentina’s necessity defense in El Paso case reflects wider chasm; role of “state practice” in treaty interpretation also studied

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