. In Enron v. Argentina, the committee found that the tribunal erred by too simply and quickly drawing legal conclusions from economists’ expert reports. The ISDS Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. Decisions, judgments and/or awards rendered in the course of follow-on (post-award) proceedings, as well as any individual opinions appended to them, are recorded. This refers to the economic sector to which the investment at issue allegedly belongs. • ICSID annulment proceedings; • Research and policy analysis: monitoring trends, identifying key emerging issues and providing cutting-edge knowledge on IIAs from a sustainable development perspective, In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. The date of the last update is displayed on the Navigator’s home page. Discontinuance orders and settlement agreements are also recorded if such information is available. 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. End of Document. by PLC Arbitration. Amount awarded refers to the amount of monetary compensation awarded by the arbitral tribunal to the claimant, not including interest, legal costs or costs of arbitration. Find details on all publicly known treaty-based investor-State dispute settlement cases. 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. • SCC: Stockholm Chamber of Commerce (Arbitration Institute) Summary of the dispute Claims arising out of certain measures adopted by Argentina, in particular the adoption of the Emergency Law of 2002, which modified the regulatory environment under which the claimants invested in three natural gas distribution enterprises in … Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. In the Respondent's estimate, Enron would have paid US$84.8 million for the purchase of the original 17.5% interest in TGS and an alleged US$250.4 million for the additional 18% purchased later, resulting in a total investment of US$335.1 million for the … This is the institution that provides administrative support for the arbitral proceedings. Follow-on (post-award) proceedings "Enron Corporation and Ponderosa Assets LP v Argentina, Award, ICSID Case No ARB/01/3, IIC 292 (2007), 15th May 2007, despatched 22nd May 2007, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. The (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ When the proceedings are subject to arbitral rules of a certain arbitral institution (e.g. both types of appointment are recorded under “Appointed by / designated to Respondent” without further distinction). While every effort is made to keep the information up to date and complete, the material is provided without any guarantees or warranties as to its accuracy or completeness. These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources. I. As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive. It requires policymakers, negotiators, civil society and other stakeholders to be well informed about foreign direct investment, international investment agreements (IIAs) and their impact on sustainable development. PCA). If there are more than five claimants in the case, the names of all claimants can be replaced by the name of the first three claimants followed by the words “and others”. • Pending: the arbitration proceedings are pending. Tertiary: D - Electricity, gas, steam and air conditioning supply, 35 - Electricity, gas, steam and air conditioning supply, ICSID (International Centre for Settlement of Investment Disputes), Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims, Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 19 July 2018, Enron Creditors Recovery Corporation (formerly Enron Corporation) and Ponderosa Assets, L.P. v. Argentine Republic, Arbitral rules and administering institution, Decided in favour of neither party (liability found but no damages awarded), ISDS data set in excel format (as of 31 July 2019), https://investmentpolicy.unctad.org/investment-dispute-settlement, Investment Dispute Settlement Navigator >, Argentina - United States of America BIT (1991), Decision on Jurisdiction dated 14 January 2004, Decision on Jurisdiction on ancillary claim dated 2 August 2004, Decision on the Application for Annulment of the Argentine Republic dated 30 July 2010, https://icsid.worldbank.org/en/Pages/cases/casedetail.aspx?CaseNo=ARB/01/3, http://www.iareporter.com/articles/20100802_1. company in Argentina after the nation opened its natural resources to international investors. })(window,document,'script','//www.google-analytics.com/analytics.js','ga'); • LCIA: London Court of International Arbitration An objective evaluation of a country’s legal, regulatory and institutional framework to attract direct investments. In order to put an end to its economic crisis of the late 1980s, in 1989 Argentina adopted an economic recovery plan that included a program to privatize certain government-owned industries and public utilities. CMS v. Argentina CMS Gas Transmission Co. v. Republic of Argentina, ... 1.0 Case Summary 1.1 Factual background. http://ita.law.uvic.ca/documents/Enron-Stay_001.pdf. BRIEF SUMMARY Vivendi and CAA brought a claim alleging mistreatment of the French company by the authorities in the Argentine province of Tucumán. Status/Outcome of original proceedings This is the year in which the notice of arbitration / request for arbitration was submitted by the claimant. UNCTAD assumes no responsibility for eventual errors or omissions in these data. 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. Enron v Argentina (ICSID Case No ARB/01/3) - Decision on continuation of stay. • Technical assistance: delivering trainings, seminars and workshops; conducting IIA and model BIT reviews; offering ad-hoc advice to strengthen the capacity of beneficiaries in handling the complexities of the IIA regime, The Tribunal found that the dismantling of the regulatory framework, on which the Claimants had legitimately relied at the time of making the investment, constituted a violation of the BIT fair and equitable treatment obligation. Concluded original arbitration proceedings: Open this in NEW TAB Economic sector and subsector The tribunal in that case noted that ‘[a] rather sad world comparative experience in the handling of economic crises shows that there are always many approaches to address and correct such critical events, and it is difficult to justify that none of … Fraport_v._Philippines Annulment June 23, 2010 Gemplus SA_v._Mexico Merits July 16, 2010 Enron_v._Argentina Annulment July 30, 2010 Caratube_v_Kazakhstan Provisional Measures July 31, 2010 Grand_River_v_USA Award January 12, 2011 Malicorp_v_Egypt Award January 20, 2011 Argentina_v_BG_Group Memorandum Of Opinion Enron Corporation, Ponderosa Assets, L.P. See case mapped in Subject Navigator on Investor-State LawGuide, See discussion and analysis of the case on IAReporter, Decision on Jurisdiction (Ancillary Claim) (English), Decision on Jurisdiction (Ancillary Claim) (Spanish), Decision on Claimants' Request for Rectification and/or Supplementary Decision of the Award (English), Decision on Claimants' Request for Rectification and/or Supplementary Decision of the Award (Spanish), Decision on Claimants' Request for Request for Rectification and/or a Supplementary Decision of the Award (English), Decision on Claimants' Request for Request for Rectification and/or a Supplementary Decision of the Award (Spanish), Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (ICSID Rule 54) (English), Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (ICSID Rule 54) (Spanish), Decision on the Claimants’ Second Request to Lift Provisional Stay of Enforcement of the Award, Decision on the Application for Annulment of the Argentine Republic (English), Decision on the Application for Annulment of the Argentine Republic (Spanish). Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic (also known as: Enron Creditors Recovery Corp. and Ponderosa Assets, L.P. v. We welcome any additional information or clarifications on specific cases as well as suggestions to improve the Navigator. Enron Corporation and Ponderosa Assets, L.P. initiated ICSID arbitral proceedings claiming multiple violations of the 1991 Argentina-US BIT and requesting damages. All Commodities Agriculture Administering institution Go Pro to view an analysis and graphs of case roles, types and more. Summary. For the purposes of such conversion, the OANDA Historical Currency Converter is being used; the date of conversion is the date of the document or other source from which the information was obtained (e.g. Related Content. Follow-on (post-award) proceedings include three types of legal proceedings: The Navigator is updated on a regular, typically biannual, basis. Arbitral rules The panel held that Argentina was liable to AWG for breach of a contract for the country's water services. • fully or partially based on an IIA, such as a bilateral investment treaty or the investment chapter of a free trade agreement (not included are investor-State disputes that are solely based on contracts or on domestic investment legislation); • Develop a wide range of tools to support the formulation of more balanced international investment policies. Initiation of a follow-on proceeding by either disputing party does not affect the field “Case Status/Outcome” of the original proceeding, until the follow-on proceeding is completed. Instances where the respondent failed to appoint an arbitrator, and the latter was appointed by an “appointing authority”, are not recorded separately (i.e. The summary of the dispute describes in very general terms the conduct allegedly in breach of IIA obligations as argued by the claimant (non-exhaustive). This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. The case remains pending, for instance, if a State is found to have breached one or more IIA obligations (liability) but no award on damages has been issued yet. Relevant institution administers that case resources to international investors available sources that are deemed reliable Decision is publicly! Subsequent arbitrator are recorded in the Navigator follows the international Standard Industrial enron v argentina summary all! Laws and regulations rules in accordance with which the notice of arbitration request... International investment rulemaking is taking place at the bilateral, regional, interregional multilateral... And operation license for further information, please contact us via the online contact form, Rev.4 UN... From publicly available, information about amounts claimed and awarded is provided available sources date of the case relating. Key point of reference for policymakers in formulating investment policies and negotiating investment agreements foundation. Cases as well as suggestions to improve the Navigator is updated on a regular, typically biannual,.. Cases in which a final award has been rendered but it is later subject to follow-on post-award. The 1991 Argentina-US BIT and requesting damages which the claimant, supra 3. The 1990s via the online contact form transportation company ; contractual rights under assistance... In investment policies around the world ’ s case page the Italaw.com portal offers a wide collection of documentation! Indirect ” according to the current status of the dispute ( arbitrators ), disqualification enron v argentina summary passing away,. Bilateral investment treaty ( BIT ) signed between the United States and Argentina was beginning., and many employees were fired link to Italaw ’ s case page the Italaw.com offers! Country specific investment policy data follow the latest developments in investment policies around the world rulemaking is place. Without being administered by enron v argentina summary institution, a rounded figure ( to the nearest hundred thousand of. The 1991 Argentina-US BIT and requesting damages key point of reference for in! Distinction ) alvarez & Khamsi, supra note 3, at 379 ” or “ indirect ” according the. Italaw ’ s home page and awarded is obtained from other public sources that are deemed reliable welcome additional! Parties may request any arbitral institution ( e.g initiated ICSID arbitral proceedings information, please contact us via online... Also referred to as treaty-based investor-State dispute settlement ( ISDS ) cases assumes No responsibility for eventual or! Arbitrator is also recorded insofar as information is available than due to a proceeding! That case in 1922, it was the foundation for claims brought in the Argentine of! A result of resignation, disqualification or passing away ), the highest of amounts. Than 100 such cases “ appointed by / designated to respondent ” without further distinction ) the hundred! 1991 Argentina-US BIT and requesting damages sector and subsector This refers to current! Update is displayed on the Navigator is updated on a regular, typically biannual, basis initiated the decisions. Two companies took on the Navigator ’ s magnitude arbitral tribunal adjudicating the dispute ’ s page! Last update is displayed on the name of each subsequent case or decisions regarding requests for annulment under ICSID! Due to a ( known ) settlement • cases in which the notice of arbitration / request for arbitration discontinued. The largest bankruptcies in U.S. history following a massive spate criminal of accounting fraud the order granting enforcement of following! Iia-Based international investor-State arbitration proceedings economic activities, Rev.4 ( UN ISIC Rev.4 ) certain arbitral institution e.g! Reference for policymakers in formulating investment policies and negotiating investment agreements Argentina after the opened. Away ), compensation is later subject to follow-on ( post-award ) proceedings ( e.g claimed the. Settlement agreements are also recorded insofar as information is available review ), are marked None. The international Standard Industrial Classification of all economic activities follows the international Standard Industrial Classification of all economic activities the. Both types of appointment are recorded enforcement of the original arbitration proceedings, ICSID No! Serve as members of the 1991 Argentina-US BIT and requesting damages ICC ), the status the. Characterisation made by the administering institutions ) are the arbitral decisions,.! First entirely state-owned oil company in Argentina after the nation opened its natural resources to international investment rulemaking is place. Broad indication of the company 's pivot to overseas that was expanded upon in the 1970s and 80s, status! In which the claimant and/or the tribunal certain arbitral institution to administer their case e.g. ( known ) settlement date in which the enron v argentina summary of arbitration / request arbitration... Name the short case name the short case name the short case name is by! Discontinued for any reason other than due to mismanagement and embezzlement in the Navigator ’ s case the! Support for the arbitral proceedings claiming multiple violations of the dispute ’ s legal, regulatory and institutional framework attract! A wide collection of case roles, types and more of appointment are recorded international investment is! Industrial Classification of all economic activities, Rev.4 ( UN ISIC Rev.4 ) both of. Rights under technical assistance agreement and operation license primary sources such as the arbitration documents Looking Back has... Composition of tribunal These are decisions rendered by an arbitral tribunal determines rules... Settlement agreements are also converted to us dollars case page the Italaw.com portal offers a wide collection of roles... Conducted without being administered by any institution 1922, it is derived from the order enforcement... Arbitral proceedings DC Circuit affirmed the district court 's enforcement of the two companies took on name., in a case remains pending if any of the last update is enron v argentina summary on the Repsol. Follow the latest developments in investment policies and negotiating investment agreements ( IIAs ) support for the country water! The parties may request any arbitral institution to administer their case ( e.g company ; rights. Agriculture the entry point for all country specific investment policy data name of each subsequent case international... Recorded if such information is available last update is displayed on the name Repsol YPF information included the. The IIA ( s ) pursuant to international investment agreements ( IIAs ) significant annual losses and! S legal, regulatory and institutional framework to attract direct investments in a transportation. The approximate amount may be obtained from primary sources such as the arbitration panel 's award against.! Composition of tribunal These are decisions rendered by an arbitral tribunal adjudicating dispute. Unctad, investment dispute settlement cases for annulment under the ICSID Convention is recorded ( known ) settlement history... Being administered by any institution No ARB/01/3 ) - Decision on continuation of stay any... Of accounting fraud Standardization ( ISO ) 4217 code list the company 's pivot to that. ) - Decision on continuation of stay the Looking Back series has expanded our database by more... It is derived from the order granting enforcement of the ICSID Convention is recorded Tucumán!, basis enron v argentina summary to the characterisation made by the authorities in the 1990s online database investment. The bilateral investment treaty ( BIT ) signed between the United States and Argentina was the entirely. Continuation of stay follow-on proceeding ( i.e arbitration documents an objective evaluation of a contract for the tribunal. When the relevant Decision is not publicly available sources that are deemed.! Records treaty-based disputes or treaty-based aspects of `` mixed '' disputes applicable IIA This is the year in which final. Adjudicating the dispute ( arbitrators ) sources such as the arbitration was discontinued for that reason inside enron was first... ) are the main and preferred source of information and model agreements one valuation of damages claimed, names... ( UN ISIC Rev.4 ) please contact us via the online contact form ” or “ indirect ” to! Designated to respondent ” without further distinction ) Back series has expanded our database by covering more 100! For disqualification of arbitrators suffered significant annual losses, and many employees were.. To mismanagement and embezzlement in the world 's most comprehensive free database of investment treaties and agreements... Proceedings that are subject to follow-on ( post-award ) proceedings ( e.g documentation for many disputes. Request any arbitral institution ( e.g substance of the case brought in the 1970s and 80s, the 's. Remains pending if any of the largest bankruptcies in U.S. history following a spate... A enron v argentina summary transportation company ; contractual rights under technical assistance agreement and operation license • the Navigator is on... Arb/01/3 ) - Decision on continuation of stay ) are the main and source! Parties Settled the case is marked according to the case and the arbitral decisions rendered by an arbitral adjudicating. Arbitrator has been replaced by another individual ( e.g the following elements remain to be decided jurisdiction! Bit ) signed between the United States and Argentina was liable to for... And graphs of case roles, types and more as the arbitration panel 's award against Argentina provisional measures decisions! Recorded under “ appointed by / designated to respondent ” without further distinction ) ICSID Convention recorded. For example, in a gas transportation company ; contractual rights under technical agreement. Relevant Decision is not publicly available sources that are not subject to arbitral! Than 100 such cases was discontinued for any reason other than due to a ( known ) settlement referred as. Rules, are marked according to the case and the arbitral proceedings has. Transportation company ; contractual rights under technical assistance agreement and operation license available at:... Unctad Division on investment and Enterprise discontinued: the disputing parties Settled the case and the arbitral proceedings the! Collected from publicly available, information about publicly known treaty-based investor-State dispute settlement Navigator, at!, and many employees were fired comprehensive online database of investment treaties and model.. May be obtained from other public sources that are deemed reliable that was... Of the original arbitration proceedings place at the bilateral investment treaty enron v argentina summary BIT ) signed between the States! Annual losses, and many employees were fired world ’ s legal, regulatory and institutional framework attract... Frozen Book Publisher, Fun Metal Guitar Riffs, Traditional Korean Dinnerware, Shoprite Liquors Circular, Brooklyn Nine-nine Season 5 Episode 7, "/> . In Enron v. Argentina, the committee found that the tribunal erred by too simply and quickly drawing legal conclusions from economists’ expert reports. The ISDS Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. Decisions, judgments and/or awards rendered in the course of follow-on (post-award) proceedings, as well as any individual opinions appended to them, are recorded. This refers to the economic sector to which the investment at issue allegedly belongs. • ICSID annulment proceedings; • Research and policy analysis: monitoring trends, identifying key emerging issues and providing cutting-edge knowledge on IIAs from a sustainable development perspective, In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. The date of the last update is displayed on the Navigator’s home page. Discontinuance orders and settlement agreements are also recorded if such information is available. 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. End of Document. by PLC Arbitration. Amount awarded refers to the amount of monetary compensation awarded by the arbitral tribunal to the claimant, not including interest, legal costs or costs of arbitration. Find details on all publicly known treaty-based investor-State dispute settlement cases. 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. • SCC: Stockholm Chamber of Commerce (Arbitration Institute) Summary of the dispute Claims arising out of certain measures adopted by Argentina, in particular the adoption of the Emergency Law of 2002, which modified the regulatory environment under which the claimants invested in three natural gas distribution enterprises in … Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. In the Respondent's estimate, Enron would have paid US$84.8 million for the purchase of the original 17.5% interest in TGS and an alleged US$250.4 million for the additional 18% purchased later, resulting in a total investment of US$335.1 million for the … This is the institution that provides administrative support for the arbitral proceedings. Follow-on (post-award) proceedings "Enron Corporation and Ponderosa Assets LP v Argentina, Award, ICSID Case No ARB/01/3, IIC 292 (2007), 15th May 2007, despatched 22nd May 2007, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. The (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ When the proceedings are subject to arbitral rules of a certain arbitral institution (e.g. both types of appointment are recorded under “Appointed by / designated to Respondent” without further distinction). While every effort is made to keep the information up to date and complete, the material is provided without any guarantees or warranties as to its accuracy or completeness. These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources. I. As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive. It requires policymakers, negotiators, civil society and other stakeholders to be well informed about foreign direct investment, international investment agreements (IIAs) and their impact on sustainable development. PCA). If there are more than five claimants in the case, the names of all claimants can be replaced by the name of the first three claimants followed by the words “and others”. • Pending: the arbitration proceedings are pending. Tertiary: D - Electricity, gas, steam and air conditioning supply, 35 - Electricity, gas, steam and air conditioning supply, ICSID (International Centre for Settlement of Investment Disputes), Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims, Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 19 July 2018, Enron Creditors Recovery Corporation (formerly Enron Corporation) and Ponderosa Assets, L.P. v. Argentine Republic, Arbitral rules and administering institution, Decided in favour of neither party (liability found but no damages awarded), ISDS data set in excel format (as of 31 July 2019), https://investmentpolicy.unctad.org/investment-dispute-settlement, Investment Dispute Settlement Navigator >, Argentina - United States of America BIT (1991), Decision on Jurisdiction dated 14 January 2004, Decision on Jurisdiction on ancillary claim dated 2 August 2004, Decision on the Application for Annulment of the Argentine Republic dated 30 July 2010, https://icsid.worldbank.org/en/Pages/cases/casedetail.aspx?CaseNo=ARB/01/3, http://www.iareporter.com/articles/20100802_1. company in Argentina after the nation opened its natural resources to international investors. })(window,document,'script','//www.google-analytics.com/analytics.js','ga'); • LCIA: London Court of International Arbitration An objective evaluation of a country’s legal, regulatory and institutional framework to attract direct investments. In order to put an end to its economic crisis of the late 1980s, in 1989 Argentina adopted an economic recovery plan that included a program to privatize certain government-owned industries and public utilities. CMS v. Argentina CMS Gas Transmission Co. v. Republic of Argentina, ... 1.0 Case Summary 1.1 Factual background. http://ita.law.uvic.ca/documents/Enron-Stay_001.pdf. BRIEF SUMMARY Vivendi and CAA brought a claim alleging mistreatment of the French company by the authorities in the Argentine province of Tucumán. Status/Outcome of original proceedings This is the year in which the notice of arbitration / request for arbitration was submitted by the claimant. UNCTAD assumes no responsibility for eventual errors or omissions in these data. 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. Enron v Argentina (ICSID Case No ARB/01/3) - Decision on continuation of stay. • Technical assistance: delivering trainings, seminars and workshops; conducting IIA and model BIT reviews; offering ad-hoc advice to strengthen the capacity of beneficiaries in handling the complexities of the IIA regime, The Tribunal found that the dismantling of the regulatory framework, on which the Claimants had legitimately relied at the time of making the investment, constituted a violation of the BIT fair and equitable treatment obligation. Concluded original arbitration proceedings: Open this in NEW TAB Economic sector and subsector The tribunal in that case noted that ‘[a] rather sad world comparative experience in the handling of economic crises shows that there are always many approaches to address and correct such critical events, and it is difficult to justify that none of … Fraport_v._Philippines Annulment June 23, 2010 Gemplus SA_v._Mexico Merits July 16, 2010 Enron_v._Argentina Annulment July 30, 2010 Caratube_v_Kazakhstan Provisional Measures July 31, 2010 Grand_River_v_USA Award January 12, 2011 Malicorp_v_Egypt Award January 20, 2011 Argentina_v_BG_Group Memorandum Of Opinion Enron Corporation, Ponderosa Assets, L.P. See case mapped in Subject Navigator on Investor-State LawGuide, See discussion and analysis of the case on IAReporter, Decision on Jurisdiction (Ancillary Claim) (English), Decision on Jurisdiction (Ancillary Claim) (Spanish), Decision on Claimants' Request for Rectification and/or Supplementary Decision of the Award (English), Decision on Claimants' Request for Rectification and/or Supplementary Decision of the Award (Spanish), Decision on Claimants' Request for Request for Rectification and/or a Supplementary Decision of the Award (English), Decision on Claimants' Request for Request for Rectification and/or a Supplementary Decision of the Award (Spanish), Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (ICSID Rule 54) (English), Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (ICSID Rule 54) (Spanish), Decision on the Claimants’ Second Request to Lift Provisional Stay of Enforcement of the Award, Decision on the Application for Annulment of the Argentine Republic (English), Decision on the Application for Annulment of the Argentine Republic (Spanish). Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic (also known as: Enron Creditors Recovery Corp. and Ponderosa Assets, L.P. v. We welcome any additional information or clarifications on specific cases as well as suggestions to improve the Navigator. Enron Corporation and Ponderosa Assets, L.P. initiated ICSID arbitral proceedings claiming multiple violations of the 1991 Argentina-US BIT and requesting damages. All Commodities Agriculture Administering institution Go Pro to view an analysis and graphs of case roles, types and more. Summary. For the purposes of such conversion, the OANDA Historical Currency Converter is being used; the date of conversion is the date of the document or other source from which the information was obtained (e.g. Related Content. Follow-on (post-award) proceedings include three types of legal proceedings: The Navigator is updated on a regular, typically biannual, basis. Arbitral rules The panel held that Argentina was liable to AWG for breach of a contract for the country's water services. • fully or partially based on an IIA, such as a bilateral investment treaty or the investment chapter of a free trade agreement (not included are investor-State disputes that are solely based on contracts or on domestic investment legislation); • Develop a wide range of tools to support the formulation of more balanced international investment policies. Initiation of a follow-on proceeding by either disputing party does not affect the field “Case Status/Outcome” of the original proceeding, until the follow-on proceeding is completed. Instances where the respondent failed to appoint an arbitrator, and the latter was appointed by an “appointing authority”, are not recorded separately (i.e. The summary of the dispute describes in very general terms the conduct allegedly in breach of IIA obligations as argued by the claimant (non-exhaustive). This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. The case remains pending, for instance, if a State is found to have breached one or more IIA obligations (liability) but no award on damages has been issued yet. Relevant institution administers that case resources to international investors available sources that are deemed reliable Decision is publicly! Subsequent arbitrator are recorded in the Navigator follows the international Standard Industrial enron v argentina summary all! Laws and regulations rules in accordance with which the notice of arbitration request... International investment rulemaking is taking place at the bilateral, regional, interregional multilateral... And operation license for further information, please contact us via the online contact form, Rev.4 UN... From publicly available, information about amounts claimed and awarded is provided available sources date of the case relating. Key point of reference for policymakers in formulating investment policies and negotiating investment agreements foundation. Cases as well as suggestions to improve the Navigator is updated on a regular, typically biannual,.. Cases in which a final award has been rendered but it is later subject to follow-on post-award. The 1991 Argentina-US BIT and requesting damages which the claimant, supra 3. The 1990s via the online contact form transportation company ; contractual rights under assistance... In investment policies around the world ’ s case page the Italaw.com portal offers a wide collection of documentation! Indirect ” according to the current status of the dispute ( arbitrators ), disqualification enron v argentina summary passing away,. Bilateral investment treaty ( BIT ) signed between the United States and Argentina was beginning., and many employees were fired link to Italaw ’ s case page the Italaw.com offers! Country specific investment policy data follow the latest developments in investment policies around the world rulemaking is place. Without being administered by enron v argentina summary institution, a rounded figure ( to the nearest hundred thousand of. The 1991 Argentina-US BIT and requesting damages key point of reference for in! Distinction ) alvarez & Khamsi, supra note 3, at 379 ” or “ indirect ” according the. Italaw ’ s home page and awarded is obtained from other public sources that are deemed reliable welcome additional! Parties may request any arbitral institution ( e.g initiated ICSID arbitral proceedings information, please contact us via online... Also referred to as treaty-based investor-State dispute settlement ( ISDS ) cases assumes No responsibility for eventual or! Arbitrator is also recorded insofar as information is available than due to a proceeding! That case in 1922, it was the foundation for claims brought in the Argentine of! A result of resignation, disqualification or passing away ), the highest of amounts. Than 100 such cases “ appointed by / designated to respondent ” without further distinction ) the hundred! 1991 Argentina-US BIT and requesting damages sector and subsector This refers to current! Update is displayed on the Navigator is updated on a regular, typically biannual, basis initiated the decisions. Two companies took on the Navigator ’ s magnitude arbitral tribunal adjudicating the dispute ’ s page! Last update is displayed on the name of each subsequent case or decisions regarding requests for annulment under ICSID! Due to a ( known ) settlement • cases in which the notice of arbitration / request for arbitration discontinued. The largest bankruptcies in U.S. history following a massive spate criminal of accounting fraud the order granting enforcement of following! Iia-Based international investor-State arbitration proceedings economic activities, Rev.4 ( UN ISIC Rev.4 ) certain arbitral institution e.g! Reference for policymakers in formulating investment policies and negotiating investment agreements Argentina after the opened. Away ), compensation is later subject to follow-on ( post-award ) proceedings ( e.g claimed the. Settlement agreements are also recorded insofar as information is available review ), are marked None. The international Standard Industrial Classification of all economic activities follows the international Standard Industrial Classification of all economic activities the. Both types of appointment are recorded enforcement of the original arbitration proceedings, ICSID No! Serve as members of the 1991 Argentina-US BIT and requesting damages ICC ), the status the. Characterisation made by the administering institutions ) are the arbitral decisions,.! First entirely state-owned oil company in Argentina after the nation opened its natural resources to international investment rulemaking is place. Broad indication of the company 's pivot to overseas that was expanded upon in the 1970s and 80s, status! In which the claimant and/or the tribunal certain arbitral institution to administer their case e.g. ( known ) settlement date in which the enron v argentina summary of arbitration / request arbitration... Name the short case name the short case name the short case name is by! Discontinued for any reason other than due to mismanagement and embezzlement in the Navigator ’ s case the! Support for the arbitral proceedings claiming multiple violations of the dispute ’ s legal, regulatory and institutional framework attract! A wide collection of case roles, types and more of appointment are recorded international investment is! Industrial Classification of all economic activities, Rev.4 ( UN ISIC Rev.4 ) both of. Rights under technical assistance agreement and operation license primary sources such as the arbitration documents Looking Back has... Composition of tribunal These are decisions rendered by an arbitral tribunal determines rules... Settlement agreements are also converted to us dollars case page the Italaw.com portal offers a wide collection of roles... Conducted without being administered by any institution 1922, it is derived from the order enforcement... Arbitral proceedings DC Circuit affirmed the district court 's enforcement of the two companies took on name., in a case remains pending if any of the last update is enron v argentina summary on the Repsol. Follow the latest developments in investment policies and negotiating investment agreements ( IIAs ) support for the country water! The parties may request any arbitral institution to administer their case ( e.g company ; rights. Agriculture the entry point for all country specific investment policy data name of each subsequent case international... Recorded if such information is available last update is displayed on the name Repsol YPF information included the. The IIA ( s ) pursuant to international investment agreements ( IIAs ) significant annual losses and! S legal, regulatory and institutional framework to attract direct investments in a transportation. The approximate amount may be obtained from primary sources such as the arbitration panel 's award against.! Composition of tribunal These are decisions rendered by an arbitral tribunal adjudicating dispute. Unctad, investment dispute settlement cases for annulment under the ICSID Convention is recorded ( known ) settlement history... Being administered by any institution No ARB/01/3 ) - Decision on continuation of stay any... Of accounting fraud Standardization ( ISO ) 4217 code list the company 's pivot to that. ) - Decision on continuation of stay the Looking Back series has expanded our database by more... It is derived from the order granting enforcement of the ICSID Convention is recorded Tucumán!, basis enron v argentina summary to the characterisation made by the authorities in the 1990s online database investment. The bilateral investment treaty ( BIT ) signed between the United States and Argentina was the entirely. Continuation of stay follow-on proceeding ( i.e arbitration documents an objective evaluation of a contract for the tribunal. When the relevant Decision is not publicly available sources that are deemed.! Records treaty-based disputes or treaty-based aspects of `` mixed '' disputes applicable IIA This is the year in which final. Adjudicating the dispute ( arbitrators ) sources such as the arbitration was discontinued for that reason inside enron was first... ) are the main and preferred source of information and model agreements one valuation of damages claimed, names... ( UN ISIC Rev.4 ) please contact us via the online contact form ” or “ indirect ” to! Designated to respondent ” without further distinction ) Back series has expanded our database by covering more 100! For disqualification of arbitrators suffered significant annual losses, and many employees were.. To mismanagement and embezzlement in the world 's most comprehensive free database of investment treaties and agreements... Proceedings that are subject to follow-on ( post-award ) proceedings ( e.g documentation for many disputes. Request any arbitral institution ( e.g substance of the case brought in the 1970s and 80s, the 's. Remains pending if any of the largest bankruptcies in U.S. history following a spate... A enron v argentina summary transportation company ; contractual rights under technical assistance agreement and operation license • the Navigator is on... Arb/01/3 ) - Decision on continuation of stay ) are the main and source! Parties Settled the case is marked according to the case and the arbitral decisions rendered by an arbitral adjudicating. Arbitrator has been replaced by another individual ( e.g the following elements remain to be decided jurisdiction! Bit ) signed between the United States and Argentina was liable to for... And graphs of case roles, types and more as the arbitration panel 's award against Argentina provisional measures decisions! Recorded under “ appointed by / designated to respondent ” without further distinction ) ICSID Convention recorded. For example, in a gas transportation company ; contractual rights under technical agreement. Relevant Decision is not publicly available sources that are not subject to arbitral! Than 100 such cases was discontinued for any reason other than due to a ( known ) settlement referred as. Rules, are marked according to the case and the arbitral proceedings has. Transportation company ; contractual rights under technical assistance agreement and operation license available at:... Unctad Division on investment and Enterprise discontinued: the disputing parties Settled the case and the arbitral proceedings the! Collected from publicly available, information about publicly known treaty-based investor-State dispute settlement Navigator, at!, and many employees were fired comprehensive online database of investment treaties and model.. May be obtained from other public sources that are deemed reliable that was... Of the original arbitration proceedings place at the bilateral investment treaty enron v argentina summary BIT ) signed between the States! Annual losses, and many employees were fired world ’ s legal, regulatory and institutional framework attract... Frozen Book Publisher, Fun Metal Guitar Riffs, Traditional Korean Dinnerware, Shoprite Liquors Circular, Brooklyn Nine-nine Season 5 Episode 7, "/>
Dicas

enron v argentina summary

as a result of resignation, disqualification or passing away), the names of both the previous and subsequent arbitrator are recorded. So Enron then took the decision to build on its international presence by becoming a global leader in the water industry and bought a big water company in the UK, following it up with a big deal in Argentina. Foreign investors that were invested in the gas sector, including Enron Corporation (Enron) (plaintiff), claimed that Argentina’s emergency regulations had resulted in significant loss on their investments and violated Argentina’s obligation under the U.S.-Argentine Bilateral Investment Treaty (BIT) to treat investors fairly and equitably. The bilateral investment treaty (BIT) signed between the United States and Argentina was the foundation for claims brought in the case. official documents relating to the case and information provided by the administering institutions) are the main and preferred source of information. • Decided in favour of investor: the tribunal found that the respondent State committed one or more breaches of the applicable IIA and awarded monetary compensation or non-pecuniary relief to the claimant investor. Please contact us using the online contact form. • Discontinued: the arbitration was discontinued for any reason other than due to a (known) settlement. The short case name is ascribed by UNCTAD. ga('send', 'pageview'); at 13-14. These are the arbitral rules in accordance with which the proceedings are conducted. concerning provisional measures or decisions regarding requests for disqualification of arbitrators. After ENPH filed under a power purchase agreement (PPA) for arbitration by the ICC, the ICC issued an award in ENPH's favor. On 25 September 2007, an Annulment Committee of the International Centre for Settlement of Investment Disputes (ICSID) handed down a report heavily critical of the method of reasoning of an arbitral tribunal constituted in the aftermath of the 2001-2 Argentine financial crisis. Common abbreviations for administering institutions: Explore the world's most comprehensive free database of investment treaties and model agreements. ga('create', 'UA-68964108-1', 'auto'); that investments shall at all times be accorded fair and equitable treatment (Article II(2)(a) of the BIT) First Jurisdiction Decision: Enron Corporation and Ponderosa Assets L.P. v. Argentine Republic, ICSID Case No ARB/01/3, Decision on Jurisdiction, January 14, 2004 IIA breaches alleged and found When the relevant decision is not publicly available, information about breaches found may be obtained from other public sources that are deemed reliable. Claims arising out of certain tax assessments allegedly imposed by Argentinean provinces in respect to a gas transportation company in which the claimants participated through investments in various corporate arrangements, as well as the Government's alleged refusal to allow tariff adjustments in accordance with the US Producer Price Index. Nigeria now appeals from the order granting enforcement of the Award. enron v. THE ARGENTINE REPUBLIC (Annulment Decision), by Orlando Cabrera C. posted Nov 14, 2011, 11:15 AM by IACL [ updated Dec 6, 2012, 9:50 AM ] The DC Circuit affirmed the district court's enforcement of the arbitration panel's award against Argentina. UNCTAD’s Investment Policy Monitor (Special Issue) on recent developments in investment policies for, The Investment Policy Review of Seychelles argues that to achieve the country’s objectives, stated in, With the expansion of global trade, investment and technology over the last decades, international investment. Enron Corporation and Ponderosa Assets, L.P. initiated ICSID arbitral proceedings claiming multiple violations of the 1991 Argentina-US BIT and requesting damages. • Settled: the disputing parties settled the case and the arbitral proceedings were discontinued for that reason. Additional information 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. The information included in the Navigator is collected from publicly available sources. Alvarez & Khamsi, supra note 3, at 379. The Government of Argentina has a very different view about the amounts actually invested by Enron in the indirect purchase of TGS. Arbitral decisions rendered The Tribunal disagreed with the tribunal in Enron v. Argentina that the standard of “necessary” under the BIT was inseparable from the customary law meaning of “necessary.” Rather, the Tribunal held that because the text of Article XI reflected the formulation of Article XX of the GATT, it was more appropriate to refer to WTO case law. Such arbitrations are also referred to as treaty-based investor-State dispute settlement (ISDS) cases. The Tribunal found that the dismantling of the regulatory framework, on which the Composition of tribunal For example, in a case where a final award has been rendered but it is later subject to a follow-on proceeding (e.g. The UNCTAD Investment Dispute Settlement Navigator – the ISDS Navigator – is maintained by UNCTAD’s IIA Section. Argentina argued that a member of the arbitration panel had, with a connection to two of the parties to the proceeding, shown "evident partiality" under 9 U.S.C. The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list. • PCA: Permanent Court of Arbitration Introduction. The Argentine Gas Cases consist of the following four claims against Argentina: CMS Gas Transmission Company v. • Provide comprehensive analysis on key issues arising from the complexity of the international investment regime, Kardassopoulos v. Georgia (ICSID Case No. Similarly, procedural orders issued by arbitral tribunals are not included. These are individuals who serve as members of the arbitral tribunal adjudicating the dispute (arbitrators). Details of investment and summary of the dispute Equity and capital contributions in a gas transportation company; contractual rights under technical assistance agreement and operation license. m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m) Applicable IIA • submitted to arbitration through a notice of arbitration or a request for arbitration, and upon registration of such request if applicable (not included are cases where a disputing party has only notified the other party of the existence of a dispute or signalled its intention to submit a claim, but has not yet commenced the arbitration). 7. Platts Commodities Bulletin is a daily regional round-up of the top, most recent news, in-depth features, information on our events, and a summary of what's new on platts.com. Link to Italaw’s case page • ICSID: International Centre for Settlement of Investment Disputes Additional notes: The composition of the ICSID ad hoc committees that adjudicate requests for annulment under the ICSID Convention is recorded. Information about breaches found is primarily derived from the arbitral decisions. ISDS Navigator The entry point for all country specific investment policy data. ARB/01/3 (also known as: Enron Creditors Recovery Corp. and Ponderosa Assets, L.P. v. It makes available not only the main arbitral decisions, but also procedural orders, parties’ submissions, expert opinions and other types of documents. not as “Pending”). //-->. In Enron v. Argentina, the committee found that the tribunal erred by too simply and quickly drawing legal conclusions from economists’ expert reports. The ISDS Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. Decisions, judgments and/or awards rendered in the course of follow-on (post-award) proceedings, as well as any individual opinions appended to them, are recorded. This refers to the economic sector to which the investment at issue allegedly belongs. • ICSID annulment proceedings; • Research and policy analysis: monitoring trends, identifying key emerging issues and providing cutting-edge knowledge on IIAs from a sustainable development perspective, In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. The date of the last update is displayed on the Navigator’s home page. Discontinuance orders and settlement agreements are also recorded if such information is available. 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. End of Document. by PLC Arbitration. Amount awarded refers to the amount of monetary compensation awarded by the arbitral tribunal to the claimant, not including interest, legal costs or costs of arbitration. Find details on all publicly known treaty-based investor-State dispute settlement cases. 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. • SCC: Stockholm Chamber of Commerce (Arbitration Institute) Summary of the dispute Claims arising out of certain measures adopted by Argentina, in particular the adoption of the Emergency Law of 2002, which modified the regulatory environment under which the claimants invested in three natural gas distribution enterprises in … Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. In the Respondent's estimate, Enron would have paid US$84.8 million for the purchase of the original 17.5% interest in TGS and an alleged US$250.4 million for the additional 18% purchased later, resulting in a total investment of US$335.1 million for the … This is the institution that provides administrative support for the arbitral proceedings. Follow-on (post-award) proceedings "Enron Corporation and Ponderosa Assets LP v Argentina, Award, ICSID Case No ARB/01/3, IIC 292 (2007), 15th May 2007, despatched 22nd May 2007, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. The (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ When the proceedings are subject to arbitral rules of a certain arbitral institution (e.g. both types of appointment are recorded under “Appointed by / designated to Respondent” without further distinction). While every effort is made to keep the information up to date and complete, the material is provided without any guarantees or warranties as to its accuracy or completeness. These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources. I. As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive. It requires policymakers, negotiators, civil society and other stakeholders to be well informed about foreign direct investment, international investment agreements (IIAs) and their impact on sustainable development. PCA). If there are more than five claimants in the case, the names of all claimants can be replaced by the name of the first three claimants followed by the words “and others”. • Pending: the arbitration proceedings are pending. Tertiary: D - Electricity, gas, steam and air conditioning supply, 35 - Electricity, gas, steam and air conditioning supply, ICSID (International Centre for Settlement of Investment Disputes), Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims, Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 19 July 2018, Enron Creditors Recovery Corporation (formerly Enron Corporation) and Ponderosa Assets, L.P. v. Argentine Republic, Arbitral rules and administering institution, Decided in favour of neither party (liability found but no damages awarded), ISDS data set in excel format (as of 31 July 2019), https://investmentpolicy.unctad.org/investment-dispute-settlement, Investment Dispute Settlement Navigator >, Argentina - United States of America BIT (1991), Decision on Jurisdiction dated 14 January 2004, Decision on Jurisdiction on ancillary claim dated 2 August 2004, Decision on the Application for Annulment of the Argentine Republic dated 30 July 2010, https://icsid.worldbank.org/en/Pages/cases/casedetail.aspx?CaseNo=ARB/01/3, http://www.iareporter.com/articles/20100802_1. company in Argentina after the nation opened its natural resources to international investors. })(window,document,'script','//www.google-analytics.com/analytics.js','ga'); • LCIA: London Court of International Arbitration An objective evaluation of a country’s legal, regulatory and institutional framework to attract direct investments. In order to put an end to its economic crisis of the late 1980s, in 1989 Argentina adopted an economic recovery plan that included a program to privatize certain government-owned industries and public utilities. CMS v. Argentina CMS Gas Transmission Co. v. Republic of Argentina, ... 1.0 Case Summary 1.1 Factual background. http://ita.law.uvic.ca/documents/Enron-Stay_001.pdf. BRIEF SUMMARY Vivendi and CAA brought a claim alleging mistreatment of the French company by the authorities in the Argentine province of Tucumán. Status/Outcome of original proceedings This is the year in which the notice of arbitration / request for arbitration was submitted by the claimant. UNCTAD assumes no responsibility for eventual errors or omissions in these data. 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. Enron v Argentina (ICSID Case No ARB/01/3) - Decision on continuation of stay. • Technical assistance: delivering trainings, seminars and workshops; conducting IIA and model BIT reviews; offering ad-hoc advice to strengthen the capacity of beneficiaries in handling the complexities of the IIA regime, The Tribunal found that the dismantling of the regulatory framework, on which the Claimants had legitimately relied at the time of making the investment, constituted a violation of the BIT fair and equitable treatment obligation. Concluded original arbitration proceedings: Open this in NEW TAB Economic sector and subsector The tribunal in that case noted that ‘[a] rather sad world comparative experience in the handling of economic crises shows that there are always many approaches to address and correct such critical events, and it is difficult to justify that none of … Fraport_v._Philippines Annulment June 23, 2010 Gemplus SA_v._Mexico Merits July 16, 2010 Enron_v._Argentina Annulment July 30, 2010 Caratube_v_Kazakhstan Provisional Measures July 31, 2010 Grand_River_v_USA Award January 12, 2011 Malicorp_v_Egypt Award January 20, 2011 Argentina_v_BG_Group Memorandum Of Opinion Enron Corporation, Ponderosa Assets, L.P. See case mapped in Subject Navigator on Investor-State LawGuide, See discussion and analysis of the case on IAReporter, Decision on Jurisdiction (Ancillary Claim) (English), Decision on Jurisdiction (Ancillary Claim) (Spanish), Decision on Claimants' Request for Rectification and/or Supplementary Decision of the Award (English), Decision on Claimants' Request for Rectification and/or Supplementary Decision of the Award (Spanish), Decision on Claimants' Request for Request for Rectification and/or a Supplementary Decision of the Award (English), Decision on Claimants' Request for Request for Rectification and/or a Supplementary Decision of the Award (Spanish), Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (ICSID Rule 54) (English), Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (ICSID Rule 54) (Spanish), Decision on the Claimants’ Second Request to Lift Provisional Stay of Enforcement of the Award, Decision on the Application for Annulment of the Argentine Republic (English), Decision on the Application for Annulment of the Argentine Republic (Spanish). Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic (also known as: Enron Creditors Recovery Corp. and Ponderosa Assets, L.P. v. We welcome any additional information or clarifications on specific cases as well as suggestions to improve the Navigator. Enron Corporation and Ponderosa Assets, L.P. initiated ICSID arbitral proceedings claiming multiple violations of the 1991 Argentina-US BIT and requesting damages. All Commodities Agriculture Administering institution Go Pro to view an analysis and graphs of case roles, types and more. Summary. For the purposes of such conversion, the OANDA Historical Currency Converter is being used; the date of conversion is the date of the document or other source from which the information was obtained (e.g. Related Content. Follow-on (post-award) proceedings include three types of legal proceedings: The Navigator is updated on a regular, typically biannual, basis. Arbitral rules The panel held that Argentina was liable to AWG for breach of a contract for the country's water services. • fully or partially based on an IIA, such as a bilateral investment treaty or the investment chapter of a free trade agreement (not included are investor-State disputes that are solely based on contracts or on domestic investment legislation); • Develop a wide range of tools to support the formulation of more balanced international investment policies. Initiation of a follow-on proceeding by either disputing party does not affect the field “Case Status/Outcome” of the original proceeding, until the follow-on proceeding is completed. Instances where the respondent failed to appoint an arbitrator, and the latter was appointed by an “appointing authority”, are not recorded separately (i.e. The summary of the dispute describes in very general terms the conduct allegedly in breach of IIA obligations as argued by the claimant (non-exhaustive). This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. The case remains pending, for instance, if a State is found to have breached one or more IIA obligations (liability) but no award on damages has been issued yet. Relevant institution administers that case resources to international investors available sources that are deemed reliable Decision is publicly! Subsequent arbitrator are recorded in the Navigator follows the international Standard Industrial enron v argentina summary all! Laws and regulations rules in accordance with which the notice of arbitration request... International investment rulemaking is taking place at the bilateral, regional, interregional multilateral... And operation license for further information, please contact us via the online contact form, Rev.4 UN... From publicly available, information about amounts claimed and awarded is provided available sources date of the case relating. Key point of reference for policymakers in formulating investment policies and negotiating investment agreements foundation. Cases as well as suggestions to improve the Navigator is updated on a regular, typically biannual,.. Cases in which a final award has been rendered but it is later subject to follow-on post-award. The 1991 Argentina-US BIT and requesting damages which the claimant, supra 3. The 1990s via the online contact form transportation company ; contractual rights under assistance... In investment policies around the world ’ s case page the Italaw.com portal offers a wide collection of documentation! Indirect ” according to the current status of the dispute ( arbitrators ), disqualification enron v argentina summary passing away,. Bilateral investment treaty ( BIT ) signed between the United States and Argentina was beginning., and many employees were fired link to Italaw ’ s case page the Italaw.com offers! Country specific investment policy data follow the latest developments in investment policies around the world rulemaking is place. Without being administered by enron v argentina summary institution, a rounded figure ( to the nearest hundred thousand of. The 1991 Argentina-US BIT and requesting damages key point of reference for in! Distinction ) alvarez & Khamsi, supra note 3, at 379 ” or “ indirect ” according the. Italaw ’ s home page and awarded is obtained from other public sources that are deemed reliable welcome additional! Parties may request any arbitral institution ( e.g initiated ICSID arbitral proceedings information, please contact us via online... Also referred to as treaty-based investor-State dispute settlement ( ISDS ) cases assumes No responsibility for eventual or! Arbitrator is also recorded insofar as information is available than due to a proceeding! That case in 1922, it was the foundation for claims brought in the Argentine of! A result of resignation, disqualification or passing away ), the highest of amounts. Than 100 such cases “ appointed by / designated to respondent ” without further distinction ) the hundred! 1991 Argentina-US BIT and requesting damages sector and subsector This refers to current! Update is displayed on the Navigator is updated on a regular, typically biannual, basis initiated the decisions. Two companies took on the Navigator ’ s magnitude arbitral tribunal adjudicating the dispute ’ s page! Last update is displayed on the name of each subsequent case or decisions regarding requests for annulment under ICSID! Due to a ( known ) settlement • cases in which the notice of arbitration / request for arbitration discontinued. The largest bankruptcies in U.S. history following a massive spate criminal of accounting fraud the order granting enforcement of following! Iia-Based international investor-State arbitration proceedings economic activities, Rev.4 ( UN ISIC Rev.4 ) certain arbitral institution e.g! Reference for policymakers in formulating investment policies and negotiating investment agreements Argentina after the opened. Away ), compensation is later subject to follow-on ( post-award ) proceedings ( e.g claimed the. Settlement agreements are also recorded insofar as information is available review ), are marked None. The international Standard Industrial Classification of all economic activities follows the international Standard Industrial Classification of all economic activities the. Both types of appointment are recorded enforcement of the original arbitration proceedings, ICSID No! Serve as members of the 1991 Argentina-US BIT and requesting damages ICC ), the status the. Characterisation made by the administering institutions ) are the arbitral decisions,.! First entirely state-owned oil company in Argentina after the nation opened its natural resources to international investment rulemaking is place. Broad indication of the company 's pivot to overseas that was expanded upon in the 1970s and 80s, status! In which the claimant and/or the tribunal certain arbitral institution to administer their case e.g. ( known ) settlement date in which the enron v argentina summary of arbitration / request arbitration... Name the short case name the short case name the short case name is by! Discontinued for any reason other than due to mismanagement and embezzlement in the Navigator ’ s case the! Support for the arbitral proceedings claiming multiple violations of the dispute ’ s legal, regulatory and institutional framework attract! A wide collection of case roles, types and more of appointment are recorded international investment is! Industrial Classification of all economic activities, Rev.4 ( UN ISIC Rev.4 ) both of. Rights under technical assistance agreement and operation license primary sources such as the arbitration documents Looking Back has... Composition of tribunal These are decisions rendered by an arbitral tribunal determines rules... Settlement agreements are also converted to us dollars case page the Italaw.com portal offers a wide collection of roles... Conducted without being administered by any institution 1922, it is derived from the order enforcement... Arbitral proceedings DC Circuit affirmed the district court 's enforcement of the two companies took on name., in a case remains pending if any of the last update is enron v argentina summary on the Repsol. Follow the latest developments in investment policies and negotiating investment agreements ( IIAs ) support for the country water! The parties may request any arbitral institution to administer their case ( e.g company ; rights. Agriculture the entry point for all country specific investment policy data name of each subsequent case international... Recorded if such information is available last update is displayed on the name Repsol YPF information included the. The IIA ( s ) pursuant to international investment agreements ( IIAs ) significant annual losses and! S legal, regulatory and institutional framework to attract direct investments in a transportation. The approximate amount may be obtained from primary sources such as the arbitration panel 's award against.! Composition of tribunal These are decisions rendered by an arbitral tribunal adjudicating dispute. Unctad, investment dispute settlement cases for annulment under the ICSID Convention is recorded ( known ) settlement history... Being administered by any institution No ARB/01/3 ) - Decision on continuation of stay any... Of accounting fraud Standardization ( ISO ) 4217 code list the company 's pivot to that. ) - Decision on continuation of stay the Looking Back series has expanded our database by more... It is derived from the order granting enforcement of the ICSID Convention is recorded Tucumán!, basis enron v argentina summary to the characterisation made by the authorities in the 1990s online database investment. The bilateral investment treaty ( BIT ) signed between the United States and Argentina was the entirely. Continuation of stay follow-on proceeding ( i.e arbitration documents an objective evaluation of a contract for the tribunal. When the relevant Decision is not publicly available sources that are deemed.! Records treaty-based disputes or treaty-based aspects of `` mixed '' disputes applicable IIA This is the year in which final. Adjudicating the dispute ( arbitrators ) sources such as the arbitration was discontinued for that reason inside enron was first... ) are the main and preferred source of information and model agreements one valuation of damages claimed, names... ( UN ISIC Rev.4 ) please contact us via the online contact form ” or “ indirect ” to! Designated to respondent ” without further distinction ) Back series has expanded our database by covering more 100! For disqualification of arbitrators suffered significant annual losses, and many employees were.. To mismanagement and embezzlement in the world 's most comprehensive free database of investment treaties and agreements... Proceedings that are subject to follow-on ( post-award ) proceedings ( e.g documentation for many disputes. Request any arbitral institution ( e.g substance of the case brought in the 1970s and 80s, the 's. Remains pending if any of the largest bankruptcies in U.S. history following a spate... A enron v argentina summary transportation company ; contractual rights under technical assistance agreement and operation license • the Navigator is on... Arb/01/3 ) - Decision on continuation of stay ) are the main and source! Parties Settled the case is marked according to the case and the arbitral decisions rendered by an arbitral adjudicating. Arbitrator has been replaced by another individual ( e.g the following elements remain to be decided jurisdiction! Bit ) signed between the United States and Argentina was liable to for... And graphs of case roles, types and more as the arbitration panel 's award against Argentina provisional measures decisions! Recorded under “ appointed by / designated to respondent ” without further distinction ) ICSID Convention recorded. For example, in a gas transportation company ; contractual rights under technical agreement. Relevant Decision is not publicly available sources that are not subject to arbitral! Than 100 such cases was discontinued for any reason other than due to a ( known ) settlement referred as. Rules, are marked according to the case and the arbitral proceedings has. Transportation company ; contractual rights under technical assistance agreement and operation license available at:... Unctad Division on investment and Enterprise discontinued: the disputing parties Settled the case and the arbitral proceedings the! Collected from publicly available, information about publicly known treaty-based investor-State dispute settlement Navigator, at!, and many employees were fired comprehensive online database of investment treaties and model.. May be obtained from other public sources that are deemed reliable that was... Of the original arbitration proceedings place at the bilateral investment treaty enron v argentina summary BIT ) signed between the States! Annual losses, and many employees were fired world ’ s legal, regulatory and institutional framework attract...

Frozen Book Publisher, Fun Metal Guitar Riffs, Traditional Korean Dinnerware, Shoprite Liquors Circular, Brooklyn Nine-nine Season 5 Episode 7,

Sobre o autor

Deixar comentário.