© 2020 The International Arbitration Society, Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award, Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (English), Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (Spanish), Decision on the Application for Annulment of the Argentine Republic, Decision on the Application for Annulment of the Argentine Republic (English), Decision on the Application for Annulment of the Argentine Republic (Spanish), Practitioner’s Handbook on International Commercial Arbitration. 17 By March 2000, customers complained about very low water pressure. Argentina applied to annul the Vivendi II award on various grounds including, briefly, that the Tribunal wrongly accepted jurisdiction and failed to apply applicable law, which consisted of provincial and national law and the terms of the Concession Contract. The decision is available here and nice summaries of the decision can be found here, here, and here. S.D. [10] See, e.g., Azurix v. Argentina , Award, July 14, 2006; Siemens v. Argentina , Award, Feb. 6, 2007. The committee rejected the application in its entirety. On November 13, 2006, the Argentine Republic ("Argentina") filed with the Secretary-General of the International Centre for Settlement of Investment Disputes ("ICSID") an application in writing requesting the annulment of the Award, rendered by the Tribunal in the arbitration proceeding between Azurix Corp. ("Azurix") and Argentina of July 14, 2006. `" MTD v Chile, Award of 25 May 2004, paras 242-243; Decision on the Application for Annulment of 21 March 2007, para 101. The Republic of Argentina, ICSID Case No. Sep 02, 2009 | by Luke Eric Peterson. Country: Argentina. Total number of HTML views: 0. However, Argentina’s prosecutor general, Osvaldo Guglielmino, was quoted in local media Tuesday as saying the government was pleased with the result in the Azurix case despite the loss. $0.00. ARB/01/12), Decision on Argentine Republic’s Request the for a Continued Stay of Enforcement of the Award, December 28, 2007 (“Azurix Stay Decision”) ¶ ... the same portions of the Award that gave rise to Argentina’s Application Procedural background III. 91 Azurix v Argentina, Final Award of 14 July 2006. Applicable investment treaty: Argentina – United States BIT (1991) Arbitrators. Azurix v. Argentine Republic, ICSID Case No. and Azurix cases point to a high bar when it comes to overturning ICSID awards Nov 13, 2009 BREAKING NEWS: ICSID annulment committee upholds Azurix v. Responsibility of the Respondent for Actions and Omissions of the Province (a) Positions of the Parties (b) Considerations of the Tribunal 2. Dr. Daniel H. Martins. North American Free Trade Agreement, 32 I.L.M. Santiago Torres Bernárdez. The Claimants sought damages totalling US$316.9 million, plus compound interest from November 1997, for the harms inflicted upon them (paras. =^ See e.g. Published: May, 2015. Page Count: 6 pages. Argentina defended on various grounds of jurisdiction and on the merits. On November 13, 2006, the Argentine Republic (“Argentina”) filed with the Secretary-General of the International Centre for Settlement of Investment Disputes (“ICSID”) an application in writing requesting the annulment of the Award, rendered by the Tribunal in the arbitration proceeding between Azurix Corp. (“Azurix”) and Argentina on July 14, 2006. Decision on Jurisdiction. 38; Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic, ICSID Case No. [5] Similar reasoning was adopted in the tribunal’s response to the aforementioned cases, as well as in Siemens v.Argentina [6] and Vivendi II [7]. Canada , NAFTA, Partial Award, November 13, 2000 . enforcing the award would be inconsistent with that jurisdiction‘s public policy.4 ... recent annulment decisions are Sempra v. Argentina,7 Enron v. Argentina,8 Vivendi v. Argentina,9 Rumeli Telekom v. Kazakhstan,10 Helnan International Hotels v. Egypt, Azurix v. Argentina,11 and MCI v. Ecuador.12 Five of the seven applications for annulment were brought by the respondent host state. Argentina , Award, Aug. 20, 2007. The issue was raised again in Azurix v. Argentina. 26 Continental Casualty Company v The Argentine Republic, ICSID Case No ARB/03/9, Award of 5 September 2008, para 297. In 1999, American corporation Azurix, an Enron spin-off, won the bid for a thirty-year concession to run the water and sewage systems in the Argentine province of Buenos Aires paying United States Dollars (USD) 438.6 million as a so-called canon payment. Country: Argentina. Case ID: ICSID Case No. Elihu Lauterpacht. Argentina (1) ANALYSIS: Rejection of annulment requests in M.C.I. 14, 2006) [hereinafter Azurix v. Argentina Award] ($165 million). %PDF-1.5 %���� Claimant: Azurix Corp. Respondent: Argentina. "Azurix Corporation v Argentina, Award, ICSID Case No ARB/01/12, IIC 24 (2006), 23rd June 2006, despatched 14th July 2006, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. You are not logged in. 8. previously written or published articles, new decisions, landmark decisions). and Azurix cases point to a high bar when it comes to overturning ICSID awards Nov 13, 2009 BREAKING NEWS: ICSID annulment committee upholds Azurix v. ARB/03/25 (Annulment Proceedings), Decision of December 23, 2010, rendered after the completion of this paper and summarized in the post scriptum at the end. Karl-Heinz Böckstiegel. Investment treaty: Argentina-United States BIT. This ICSID arbitration is, at its essence, a case about water politics. Jurisdictions: Argentina, Italy. 92 Ibid paras 424-429. An update on Azurix Corp. v The Argentine Republic (ICSID Case No ARB/01/12) (Annulment proceeding), in which an ad hoc committee considered Argentina's application for annulment of the award. Pan American Energy LLC v. Argentine Republic, ICSID Background to the Dispute IV. Limited breach of FET clause established in claim against Romania; No damages awarded The Rompetrol Group N.V. v Romania, ICSID Case No. Subscribe to download. Case of the Month: Azurix v. Argentina. ARB/01/12, Award, 14 July 2006 . Free Download. Published by The International Arbitration Forum. H�}�T����m7�D-��f��:�� q]���+A���L@Vѕ;�b��E� �rO[�"dU��e�rE�L" &�W���te?��V��O3��� q��B�t�!��B��Y�= Table of Contents. 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. 0 S.A. v. 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