20 de dezembro de 2020

In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. ARB/03/19) Introductory Note In January 2005, fi ve non-governmental organizations, based in Buenos Aires and Washington, D.C., fi led with ICSID a request for leave to submit amicus curiae briefs in a case instituted against Argentina by French and Spanish For proceedings that end in a settlement, the amount of compensation that the State agreed to pay to the claimant under the terms of settlement (if known) is recorded in this section. "Compañía de Aguas del Aconquija SA and Vivendi Universal SA v Argentina, Decision on Argentina’s Request for Annulment of the Award, ICSID Case No ARB/97/3, IIC 446 (2010), 3rd August 2010, despatched 10th August 2010, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. • Decided in favour of neither party (liability found but no damages awarded): the arbitral tribunal found that the respondent State committed one or more breaches of the applicable IIA but did not award monetary compensation or non-pecuniary relief to the claimant investor. Applicable IIA Secondary sources, such as specialized reporting services and other sources deemed reliable, are used to supplement primary sources and/or obtain case information otherwise unavailable. Charismatic photographer Gaston Barrios shoots in Argentina the latest line by Modus Vivendi. • Reform the international investment agreements (IIAs) regime to enhance its sustainable development dimension, 101, Vivendi I, Decision on Annulment). Argentina faced a financial emergency in 2001-02. UNCTAD assumes no responsibility for eventual errors or omissions in these data. For further information, please contact us via the online contact form. Yet, after repeatedly emphasizing that the ICSID Convention only grants annulment committees very limited powers of review, the second Annulment Committee rejected Argentina’s application for annulment of the Vivendi II award. In the resubmitted arbitration (Vivendi II), the Tribunal determined that the provincial authorities of Tucumán (for which Argentina was responsible) violated the FET standard in Article 3 of the BIT and the protection and full security standard in Article 5(1) of the BIT, and also expropriated the Claimants’ investment in breach of Article 5 of that treaty. The dispute arose under the Spain-Argentina BIT. (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October 18, 2018. [5] It should be recognized, however, that the Vivendi II Tribunal’s adoption of a strong interpretation of the FET standard did not appear to matter to the outcome of the case: the Tribunal stated that even if it had applied the narrower Neer standard advanced by Argentina, it still would have found Argentina to have breached the FET obligation (para. The Tribunal rejected that argument. 26). • Decided in favour of State: the tribunal dismissed the case for lack of jurisdiction or found that the respondent State has not committed any breach of the applicable IIA. On 30 July 2010, the ICSID tribunal in Suez, Sociedad General de Aguas de Barcelona S.A., and Vivendi Universal v. CAA then proceeded to destroy the confidence of the population by negligently delivering black, undrinkable and potentially unhealthy water over a period of many weeks. 26, Separate Opinion). Originally from: Annulment of ICSID AwardsPreview Page. Several dealt with issues of jurisdiction. 104–111, Vivendi I, Decision on Annulment), saying, “In the Committee’s view, it [was] not open to an ICSID tribunal having jurisdiction under a BIT in respect of a claim based upon a substantive provision of that BIT, to dismiss the claim on the ground that it could or should have been dealt with by a national court” (para. Its rejection of the narrower Neer formulation as “obsolete” is also notable given that, as recently as the 2009 Glamis decision under NAFTA, that exact formulation has been described as representing the FET standard under customary international law. For arbitrations brought under the ICSID Convention Arbitration Rules or ICSID Additional Facilities (AF) Rules, the year in which the claim was registered by ICSID is used. You can send the message to up to 4 other recipients. The second Annulment Committee roughly criticized Professor Kaufmann- Kohler’s failure to investigate and disclose these issues to the disputing parties. This was granted to the claimant’s subsidiary, AGBA, in early 2000s. ARB/03/19. 7.4.5–7.4.9, 7.4.46, Vivendi II Award). You can send the message to up to 4 other recipients. The Annulment Committee stated that the forum selection clause did not and could not prevent the Tribunal from fulfilling its duty of determining whether there had been a breach of the BIT, even if that task required the Tribunal to interpret and apply the Concession Contract (paras. 7. ARB/03/19, Decision on Annulment, May 5, 2017), in regard to the issue of the Arbitral Tribunal’s refusal to accept a challenge to the service of one of its members – a decision held by the Annulment Committee to have been not manifestly unreasonable. The dispute arose out of the troubled relationship that developed between the parties to a 1995 concession agreement (the “Concession Contract”) to privatize the water and sewage services of the Province of Tucumán in Argentina. Whenever a claimant or the tribunal refer to “expropriation”, without distinguishing between “direct” or “indirect”, such distinction is made on the basis of the factual background of the case and the context of the claimant’s claims and tribunal’s findings. In particular, the Tribunal and Annulment Committee in the original arbitration proceeding made it clear that a host state can be responsible under a BIT for acts of its provincial authorities in breach of the BIT, even if the host state itself had no previous direct dealings with the investor. The dispute in Compañía De Aguas Del Aconquija S.A. and Vivendi Universal S.A. v. Argentine Republic originally stemmed from the bilateral investment treaty (BIT) between the Argentine Republic and the French Republic. Vivendi v. Argentina: on the Admissibility of Requests for Partial Annulment and the Ground of a Manifest Excess of Powers - Chapter 6 - … In the proceedings between. 244–45). 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