>> << 32 0 obj Claudia Frutos-Peterson; Azurix Corp. v. Argentine Republic (ICSID Case No. 12 0 obj >> Annulment Committee’s decision regarding damages: First, the Committee determined that the Tribunal did not manifestly exceed its powers in determining the applicable standard of compensation. /Dest [ 8 0 R /XYZ 504.8 224.9 0 ] >> /Border [ 0 0 0 ] >> Thus, while the actual amounts invested by Azurix totaled over US$550 million, the Tribunal only took US$165 million into account in assessing damages. ARB/01/12 (United States/Argentina BIT), Decision on Continued Stay of Enforcement of the Award Related Content. /Subtype /Link By letter dated March 12, 2003, Azurix requested the Tribunal to join the jurisdictional issue to the merits. /Subtype /Link /Type /Annot endobj If you are a subscriber, please Login to view additional case details. /Dest [ 46 0 R /XYZ 89.9 348.1 0 ] endobj 26 0 obj /ProcSet [ /PDF /Text ] /Rect [ 113.2 211.1 505.6 224.9 ] ARB/01/12 | italaw (14 July 2006) paras 361-372 Introducing PRO ComplianceThe essential resource for in-house professionals. Case ID: ICSID Case No. The Committee noted that, in order to justify annulment, the complaint had to relate to the nonapplication of the applicable standard of compensation, rather than the incorrect application of that standard. /Type /Annot /Subtype /Link Reviewing the two methodologies submitted by Azurix to measure fair market value (actual investment and book value), the Tribunal determined that the actual investment method should be applied. "Lexology is a high quality service; the articles are very relevant and always useful", © Copyright 2006 - 2020 Law Business Research. (Chairman), Judge Bola Ajibola and Mr. Michael Hwang S.C. >> /Rect [ 101.2 293.9 505.6 307.7 ] /Border [ 0 0 0 ] This case summary was prepared in the course of research for S Ripinsky with K Williams, Damages in International Investment Law (BIICL, 2008) Case summary CMS Gas Transmission Company v Argentina Year of the award: 2005 Forum: ICSID Applicable investment treaty: Argentina – United States BIT (1991) Arbitrators Mr. Francisco Orrego Vicuña, endobj /Border [ 0 0 0 ] >> endobj /Border [ 0 0 0 ] /Type /Annot ARB/01/12) Expand / Collapse All Applicable IIA. /Type /Annot << << /F4 38 0 R /Type /Page The Tribunal received Argentina’s observations on March 27, 2003. Questions? >> >> /Border [ 0 0 0 ] B���Q8�7X�D���Rw���3��af�(rK Understand your clients’ strategies and the most pressing issues they are facing. << /Rect [ 89.2 404.3 505.6 418.1 ] endobj See case mapped in Subject Navigator on Investor-State LawGuide. /Border [ 0 0 0 ] Expand / Collapse All Applicable IIA. << /Rect [ 89.2 155.9 505.6 169.7 ] 29 0 obj /Border [ 0 0 0 ] Azurix Corp. v The Argentine Republic, ICSID Case No. /Dest [ 8 0 R /XYZ 504.8 211.1 0 ] /Rect [ 89.2 431.9 505.6 445.7 ] /Rect [ 101.2 349.1 505.6 362.9 ] Azurix claims that Argentina has violated obligations owed to Azurix under the 1991 Treaty Concerning the Reciprocal Encouragement and Protection of Investment between the Argentine Republic and the United States of America ... Metalclad Corporation v. Mexico, ICSID Case No. /Dest [ 46 0 R /XYZ 125.9 300.8 0 ] /Dest [ 8 0 R /XYZ 504.8 238.7 0 ] Applicable legal instruments: Argentina-United States BIT. 22 0 obj Details of investment and summary of the dispute ... Azurix v. Argentina (I) Azurix Corp. v. The Argentine Republic (I) (ICSID Case No. 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. Azurix v. Argentina (I) Azurix Corp. v. The Argentine Republic (I) ICSID Case No. (http://www.biicl.org/publications/view/-/id/126/) >> /Contents 33 0 R Azurix objected to the request on March 15, 2004 and requested the Tribunal that, in case it would agree to Argentina’s request, Argentina be invited in turn to produce all documentation related to AGOSBA’s services, their privatization, the original setting of the tariffs, all documents of the Privatization Commission, the ORAB, and the files related to ABA, AGOSBA and ABSA. ARB/01/12) Annulment Proceeding Decision on the Argentine Republic's Request for a C >> << Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. by PLC Arbitration. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. /Type /Annot /Filter /FlateDecode /Type /Annot "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. 15 0 obj Please contact customerservices@lexology.com, Sector involved: Water and Sewage Concession. /Border [ 0 0 0 ] << /F2 36 0 R /Type /Annot On July 14, 2006, a Tribunal consisting of Andrés Rigo Sureda (President), Marc Lalonde, and Daniel Hugo Martins, found that various actions by Provincial officials had been unreasonable and politicized, leading to violations of the U.S.-Argentina BIT. /Subtype /Link endobj 16 0 obj As it would certainly be the case if an arbitration award is trying to be enforced under the New York Convention on the Recognition and Enforcement of … S���D���0��"I�Q?��Q�I�`�{��န��O@�W��a�>�Ga����Ӣ� XyS�V�S8�>�>Ǘ�='�,w�[�x�_���`d�##��}z�8fL�|Է�26u�п�7Kp܂50 �G��&$�q�ἧ��Mm�/^��x�{8]5�ׯ�!�.>�\9葆��TF�Fz�Ǣ��7t"K~�Z��V�I+��B�~���c}P���j�v�DH�aѶ �1��X{wŀ����ɛ���I�;u�i���!-MԦ�+ V5��@`:7ű��2i�^��mփ� .��B]�z{���a�1����G��x4wr, "Azurix Corp v Argentina, Decision on Jurisdiction, ICSID Case No ARB/01/12, (2004) 43 ILM 262, IIC 23 (2003), despatched 8th December 2003, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. Sign in to download document Details of investment and summary of the dispute ... National Grid v. Argentina National Grid PLC v. The Argentine Republic. The additional investments of US$112,844,446 were reduced by US$7,603,693, the amount of damages the Tribunal found to be related to contractual claims that it believed should be borne by Azurix as part of its business risk. /Dest [ 42 0 R /XYZ 125.9 702.8 0 ] /Border [ 0 0 0 ] Argentina (1) ANALYSIS: Rejection of annulment requests in M.C.I. >> /Annots [ 11 0 R 12 0 R 13 0 R 14 0 R 15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 33 0 obj The decision is available here and nice summaries of the decision can be found here, here, and here. The Tribunal considered its role to be to determine what an independent and well-informed third party would have been willing to pay for the Concession in March 2002, in a context where the Province would have honored its obligations. Azurix Corp. v. The Argentine Republic, ICSID Case No. Azurix Corp. v. Argentine Republic (ICSID Case No. If the Tribunal had discretion in the approach that it adopted to the assessment of damages, there is no logical reason why it might not, in the exercise of that discretion, in any case where it considered it appropriate to do so, also apply the fair market value standard to cases of non-expropriatory breaches of the BIT. endobj /Border [ 0 0 0 ] �[��;#1k���l��w.�J�%O&'�9g_n����h� << /Parent 9 0 R Azurix v. Argentina (2) You are not logged in. endobj /Rect [ 101.2 376.7 505.6 390.5 ] endobj << endobj << ARB/01/12 (United States/Argentina BIT), Decision on the Application for Annulment of the Argentine Republic << Amount of damages under review: US$165,240,753 (plus interest compounded semi-annually), Grounds raised for annulment in relation to damages: (1) Tribunal manifestly exceeded its powers when it determined applicable standard of compensation and (2) Tribunal failed to state reasons and/or issued contradictory reasons for the amount of damages awarded. Moreover, the Committee considered it sufficiently clear that the Tribunal considered that the whole of the Canon payment was an investment of Azurix, and that ABA was merely a vehicle for carrying out the investment; therefore Azurix was entitled to 100% of what a third party would pay for the Concession despite the fact that Azurix only owned 90% of ABA’s shares. %PDF-1.5 %���� /Rect [ 101.2 169.7 505.6 183.5 ] endobj endobj 21 0 obj x��]K�ø �ϯ�@RQ?� @2��m�z(z�(�����Iɖ#����=��@&�M�"�O)y�����۩N�onrGӍ�S��?���_��O�|��>i��C7�������t ��?�|Rp����a�wR�|�'��{Nj��������.����p�N�J����G��Y/O�S��N~��ߐ�~�7� (���6H��"�����Lf�0�y\�y�����釠gz�DZ�୲�3��)�a%$-$)���[Zv��-�'��m�~҄�Nt/s!�xi��\P��]��2��z����Rc��7�SaR1�5��g��X$ϱX�C��Y D�3v$�=�+�0��и�Z���SkηX��E!�4��_|RǾ�9\���Tw���Ό�T�뿻?��a�;�q}�O�݁�^��T��k���b�`�)~j�zP�m$�TQ�#�8��{IFp�_�{��JR�� ��kB/�E�����H�&��3[Љ_����-(� � ǿ�=ޟ���E�����G/�O��zT�e�%�Uz=��C�F�n��]�x�����ߑ��� Azurix Corp. v. The Argentine Republic. /Subtype /Link endobj The Committee found no fault with the Tribunal’s identification of the applicable law for the purposes of determining the quantum of damages — the BIT itself and, failing any express provision in the BIT, general principles of international law. Alternatively, you … << >> endobj /MediaBox [ 0 0 595 842 ] endobj Investment treaty: Argentina-United States BIT. 13 0 obj Claimant: Azurix Corp. Respondent: Argentina. Over the next several years, Azurix made additional capital contributions to ABA of almost US$113 million. 19 0 obj /Type /Annot /Dest [ 46 0 R /XYZ 125.9 644.9 0 ] << endobj para. >> 25 0 obj /Subtype /Link /Type /Annot << /Rect [ 101.2 362.9 505.6 376.7 ] /Rect [ 89.2 321.5 505.6 335.3 ] /Subtype /Link 361-377 >> Under that method, in determining the fair market value, the Tribunal took the actual amounts invested by Azurix as its starting point, but then reduced the relevant amounts when it considered that there were reasons justifying this. Keep a step ahead of your key competitors and benchmark against them. endobj Moreover, the Committee rejected Argentina’s argument that this conclusion would make “expropriation as a cause of action redundant,” as there would be no reason for a claimant to seek to establish the “higher” threshold of liability for expropriation. /Rect [ 101.2 266.3 505.6 280.1 ] << /Type /Annot �Oos�k֝�Q�-� m�3$(h��^�룛��F��a�"_;,���YO>ʾ2�0��8E?2�k����5WD3"�>��It�L���qU�����yв8h�,��}�9�#����"�� �*N�Y?v��p��W��O_�����K?kSDA�����=R�ӑ�R��Q�x��{?H�_��S+�i*�ǐ��_%��(�=�(gz� g_��R��qJ�2`�D��=BeR�!D��=��|�CC����C��. 22 0 R 23 0 R 24 0 R 25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R ] /Rect [ 101.2 183.5 505.6 197.3 ] >> /F1 35 0 R /Border [ 0 0 0 ] 11 0 obj << Azurix Corp v Argentina (ICSID Case No ARB/01/12) - Annulment proceeding Practical Law Resource ID 4-504-4006 (Approx. Vivendi v. Argentina Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Republic of Argentina, ICSID Case No. Case Summaries. /Dest [ 43 0 R /XYZ 125.9 335 0 ] Read more here. Second, the Committee determined that the Tribunal did not fail to state reasons or issue contradictory reasons for the amount of damages awarded. >> /Type /Annot Finally, the Committee found that the Tribunal arrived at the US$60 million figure by applying a modified form of the “actual investment” method. endobj /Subtype /Link /Dest [ 47 0 R /XYZ 125.9 595 0 ] /Border [ 0 0 0 ] Documents: Expert Opinion of Prof. Comadira. /Rect [ 101.2 280.1 505.6 293.9 ] /Length 3531 /F6 40 0 R ARB/01/12, Award, 14 July 2006 . /Dest [ 8 0 R /XYZ 504.8 252.5 0 ] /Subtype /Link /Dest [ 44 0 R /XYZ 125.9 592.4 0 ] /Subtype /Link CMS v. Argentina CMS Gas Transmission Co. v. Republic of Argentina, ... 1.0 Case Summary 1.1 Factual background. This ICSID arbitration is, at its essence, a case about water politics. /Font 34 0 R /Dest [ 46 0 R /XYZ 125.9 544.8 0 ] 28 0 obj /Rect [ 114 744.7 505.6 757.4 ] V. Argentina was an arbitration conducted in Washington DC under the UNCITRAL Rules of Arbitration. /Type /Annot Azurix v. Argentina (2) Guided Tutorial. /Type /Annot This case summary was prepared in the course of research for S Ripinsky with K Williams, Damages in International Investment Law (BIICL, 2008) Case summary Azurix Corp. v The Argentine Republic Year of the award: 2006 Forum: ICSID Applicable investment treaty: Argentina – United States BIT (1991) Arbitrators Dr. Andrés Rigo Sureda, President << /Dest [ 46 0 R /XYZ 125.9 228.3 0 ] 8 0 obj /Type /Annot Azurix Corp v Argentine Republic - ICSID Case No ARB-01-12 - Award on Jurisdiction - 8 December 2003. 23 0 obj Despite dismissing Azurix’s claim for expropriation, the Tribunal decided that a compensation based on the fair market value of the Concession would be appropriate. It concluded that the value should be established at US$60 million. In 1999, Azurix, through its Argentinean subsidiary, ABA, paid the Province a Canon payment of approximately US$438.5 million, in exchange for a 30-year concession. 24 0 obj If you are looking for help with your case summary then we offer a comprehensive writing service provided by fully qualified academics in your field of study. The Committee determined that the Tribunal provided adequate reasons as to the causal link between the Tribunal’s findings of liability and its finding that the amount of damages would be the fair market value of the Concession on March 12, 2002. /Subtype /Link << /Dest [ 47 0 R /XYZ 125.9 722.7 0 ] Applicable arbitration rules: ICSID. << /Dest [ 47 0 R /XYZ 125.9 230 0 ] Summaries | Pulp Mills on the River Uruguay (Argentina v. Uruguay) Links Site search Document search Contact The Court History Members of the Court. "Azurix Corp v Argentina, Decision on Jurisdiction, ICSID Case No ARB/01/12, (2004) 43 ILM 262, IIC 23 (2003), despatched 8th December 2003, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. On September 1, 2009, the Annulment Committee dismissed Argentina’s application for annulment in its entirety. /Rect [ 89.2 418.1 505.6 431.9 ] << >> /Dest [ 47 0 R /XYZ 89.9 770 0 ] 30 0 obj >> The Tribunal therefore awarded compensation to Azurix on account of the fair market value of the Concession in the amount of US$165,240,753, including both the Canon and Azurix’s additional investments. Argentina cms Gas Transmission Co. v. Republic of Argentina ’ s grounds for Annulment its. The value should be established at US $ 60 million quote at subscribe @ iareporter.com significant was... Key competitors and benchmark against them value should be established at US $ 105,240,753, you can contact for... 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