azurix v argentina decision on provisional measures
ARB/06/8) - Annulment Proceedings, Decision on Applicant's Request for Provisional Measures (, Chevron Bangladesh Block Twelve, Ltd. And Chevron Bangladesh Blocks Thirteen and Fourteen, Ltd. v. People's Republic of Bangladesh (ICSID Case No. Argentina asked for the provisional measures in order to ensure that Uruguay would not undertake the construction of works. (f) stated that, as Azurix has been liquidating its assets from 2001 and ceased quoting on the New York Stock Exchange from March 2001, it would be impossible (or at least very hard) for Argentina to recover the Award if the annulment application succeeded; (g) argued that no bank guarantee should be required because: (i) Argentina's domestic law already secures execution of the Award; (ii) provision of such a guarantee would adversely affect the right of defense; (iii) no provision of the ICSID Convention establishes the need to post bonds for the purpose of continuing a stay of enforcement of an award; (iv) the commission that an international bank would charge to provide such a guarantee would be exorbitant (stated to be approximately USD 23 million); (v) as has been recognised in other ICSID cases,6 provision of a guarantee would place a claimant such as Azurix in a much more favourable position than it presently enjoys by converting an undertaking of compliance into a financial guarantee and by avoiding any issue of sovereign immunity; and. ARB/07/24), Procedural Order No. 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. Azurix v. Argentina Water Investor win (awarded $165 million plus interest) U.S. water company Azurix Corp. (an Enron subsidiary) filed a claim against Argentina under the U.S.-Argentina BIT in 2001 over a dispute related to its controversial water services contract in the province of Buenos Aires. ARB(AF)/98/1), Víctor Pey Casado and President Allende Foundation v. Republic of Chile, (ICSID Case No. (e) that the award has failed to state the reasons on which it is based. ARB/06/7), Libananco Holdings Co. Limited v. Republic of Turkey (ICSID Case No. ARB/98/7), Decision Concerning the Request for Provisional Measures (English), Tanzania Electric Supply Company Limited v. Independent Power Tanzania Limited (ICSID Case No. ARB/15/31), Decision on Claimants' Second Request for Provisional Measures (English), B.V. ARB/06/5), Togo Electricité and GDF-Suez Energie Services v. Republic of Togo (ICSID Case No. Similarly, procedural orders issued by arbitral tribunals are not included. ARB/13/32), Decision on Respondent's Application under ICSID Arb. Read more here. BUENOS AIRES -(Dow Jones)- Former Enron Corp. (ENE) water unit Azurix Corp. has been awarded $165 million against Argentina in the latest ruling on dozens of international arbitration claims brought against the country by foreign companies. ARB/05/22), Spyridon Roussalis v. Romania (ICSID Case No. After having heard the parties' arguments, the Committee offered Argentina an opportunity to file within seven days a statement in writing of their intention to comply with the Award under the ICSID Convention in the event that the Award is not annulled ("the comfort letter"). ARB 16/22), Emergofin B.V. and Velbay Holdings Ltd. v. Ukraine (ICSID Case No. Duke Energy International Peru Investments No. ARB(AF)/99/1), Procedural Order No. ARB/12/6), Muhammet Ҫap & Bankrupt Sehil Inşaat Endustri ve Ticaret Ltd. Sti. ARB/13/28), Decision on the Respondent's Request for Provisional Measures Relating to Security for Costs (, MOL Hungarian Oil and Gas Company Plc v. Republic of Croatia (ICSID Case No. and Mr. Fouad Mohammed Thunyan Alghanim v. Hashemite Kingdom of Jordan (ICSID Case No. 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. ARB/01/10) Spanish & English (unofficial translation) January 8, 2007 Annulment rejected Azurix Corp. v. Argentine Republic (ICSID Case No. ARB/12/6), Decision on provisional measures (English), Lao Holdings N.V. v. Lao People's Democratic Republic (ICSID Case No. An interactive database of all ICSID registered cases. for provisional measures, that the burden was on the requesting party to demon strate that an urgent need existed for the relief sought. ARB/06/01), Quiborax S.A., Non-Metallic Minerals S.A. & Allan Fosk Kaplún v. Plurinational State of Bolivia (ICSID Case No. "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. Azurix Corp. v. Argentine Republic (ICSID Case No. Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic, ICSID Case No. ARB/14/10), Decision Sobre la Solicitud de Medidas Provisionales (Spanish), EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic (ICSID Case No. Limited breach of FET clause established in claim against Romania; No damages awarded The Rompetrol Group N.V. v Romania, ICSID Case No. A decision of an ad-hoc annulment committee in the M.C.I. (vi) provision of a guarantee would penalize Argentina for requesting annulment and curtail the right provided for by Article 52 of the ICSID Convention to apply for annulment. The Members of the Committee have deliberated by various means of communication, and have taken into consideration the parties' entire written and oral arguments and submissions on the matter. At the conclusion of that hearing, the Committee allowed 7 days for Argentina to deliver (if it wished) a comfort letter such as was provided in. ARB/07/21), Railroad Development Corporation v. Republic of Guatemala (ICSID Case No. 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. 2 Mondev International v United States ofAmerica, ICSID Case No. 76; Azurix Corp. v The Argentine Republic, ICSID Case No. Sign In, The Search Engine for International Law & Arbitration. Rule 41(5) (, PNG Sustainable Development Program Ltd. v. Independent State of Papua New Guinea (ICSID Case No. ARB/06/11), Azpetetrol International Holdings B.V., Azpetrol Group B.V. and Azpetrol Oil Services Group B.V. v. Republic of Azerbaijan (ICSID Case No. Azurix requested approx. ARB/06/16), City Oriente Limited v. Republic of Ecuador and Empresa Estatal Petróleos del Ecuador (Petroecuador) (ICSID Case No. Case Details. 333-335; CMS (Decision on Objections to Jurisdiction), supra note 5, para. (a) the Tribunal was not properly constituted; (b) the Tribunal manifestly exceeded its powers; (c) there had been a serious departure from a fundamental rule of procedure; and. Effectively, such an approach would be to add a provision that is neither express nor implicit in the ICSID Convention. ARB/11/13), Decision on Respondent's Application for the Security for Costs (English), Hussain Sajwani, Damac Park Avenue for Real Estate Development S.A.E., and Damac Gamsha Bay for Development S.A.E. ARB/06/10), Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. Investors triumph over Spain in a claim concerning Spain’s regulatory overhaul for clean energy Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. ARB/14/14), Procedural Order No. In a letter dated October 4, 2007, Azurix expressed their concern that Dr. Guglielmino's letter did not in fact provide additional comfort or security to Azurix, given Argentina's prior actions, and particularly in light of their recent public announcements that Argentina would not acknowledge the final and binding nature of the Decision on Annulment in CMS v. Argentina rendered by the CMS ad hoc Committee on … The provision for interest compensates for the delay. It denied the request inter alia because the requesting party had failed to comply with this requirement.101 66 The Tribunal in Azurix v. Argentina noted that Art. (3) If a stay of enforcement has been granted pursuant to paragraph (1) or continued pursuant to paragraph (2), the Tribunal or Committee may at any time modify or terminate the stay at the request of either party. By letter of October 5, 2007, Dr. Guglielmino responded to Azurix's letter of October 4, 2007, requesting that the Committee not reach a decision regarding the bank guarantee prior to giving Argentina an opportunity to present its case concerning the statements alleged by Azurix. Azurix Corp. v The Argentine Republic, ICSID Case No. ARB/84/4), Decision on Provisional Measures (English), Ghaith R. Pharaon v. Republic of Tunisia (ICSID Case No. The M/V "Louisa" Case (Saint Vincent and the Grenadines v. Kingdom of Spain) Case No. 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. ARB/15/32), Decision on Bifurcation & Decision on Provisional Measures (English), Eskosol S.p.A. in liquidazione v. Italian Republic (ICSID Case No. Award (English) Award (Spanish) Decision on the Argentine … Indeed, it would effectively abrogate the scheme for security in Section 6 (particularly under Article 54) and substitute for those expressly qualified rights an entitlement to absolute security. 18. ARB/08/20), Decision on the Application for provisional measures submitted by the Claimants on 24 August 2009 (, Decision on the Application for Provisional Measures submitted by the Claimants on 17 August 2010 (English & French), Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. v. Argentine Republic (ICSID Case No. To access a full list of documentation available with respect to a case, users are invited to use (i) the link to the case page on ARB/72/1), Decision of the Tribunal (English & French), AGIP S.p.A. v. People's Republic of the Congo (ICSID Case No. The "ARA Libertad" Case (Argentina v. Ghana), Provisional Measures. 12. In the Committee's view, such a default position would be in derogation to the approach to interpretation reflected in Article 31(1) of the Vienna Convention (see para 27 above) and also would work in a, Although not required by the Committee, here Argentina has proffered a comfort letter of the kind provided in, On the issue of onus, and perhaps in contrast to the contrary suggestion by the. Arb/01/12), Annulment Proceeding, Decision of the Ad Hoc Committee, Sept. 1, 2009 King & Spalding LLP Argentina , USA November 17 2010 If you continue to navigate this website beyond this page, cookies will be placed on your browser. ARB/03/24), Inceysa Vallisoletana S.L. It related the probability of prejudice to the requirement of urgency as follows: Given that the purpose of the measures is to preserve the rights of the parties, ARB/13/20), Marfin Investment Group Holdings S.A., Alexandros Bakatselos and others v. Republic of Cyprus (ICSID Case No. Alternatively, you can sign up to receive free email headlines here. ARB/07/20), Decision on Preliminary Issues (English), Pantechniki S.A. 2 (English & Spanish), Zhinvali Development Ltd. v. Republic of Georgia (ICSID Case No. The Secretary-General of ICSID registered the Application on December 11, 2006, and on the same date, in accordance with Rule 50(2) of the ICSID Arbitration Rules, transmitted a Notice of Registration to the parties. 8 Dec 2003. ARB(AF)/10/1), Decision on Provisional Measures and Procedural Order No. 21-22. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Tyson Wanjura,Azurix Corp. v. Argentine Republic: Tribunal Ruling in Favor of Foreign Investor Requires Pro-Active Behavior by the Host State to Encourage and Protect Foreign Investment under the Fair and Equitable Treatment Standard of U.S.-Argentine BIT , 13Law & Bus. All Rights Reserved. ARB/01/12, Decision on the Challenge to the President of the Tribunal, February 25, 2005 . concerning provisional measures or decisions regarding requests for disqualification of arbitrators. The terms of the ICSID Convention are the source of the Tribunal's or Committee's power to modify or grant a stay. ARB/06/21), Decision on Revocation of Provisional Measures and Other Procedural Matters (Spanish), Europe Cement Investment and Trade S.A. v. Republic of Turkey (ICSID Case No. ARB/10/21), Highbury International AVV and Ramstein Trading Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. Applicable legal instruments: Argentina-United States BIT. Case No. In compliance with the Committee's instructions, on September 12, 2007, Argentina filed their Observations on the Continuation of the Stay of Enforcement of the Award, and Azurix filed their Opposition to Argentina's Request to Continue to Stay Enforcement of the Award. By continuing your visit on this site, you accept the use of cookies for purposes of audience measurement and service improvement. (1) The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. ARB(AF)/99/2, Award of 11 October 2002, para 82. (3) Execution of the award shall be governed by the laws concerning the execution of judgments in force in the State in whose territories such execution is sought. "Lao Holdings NV v Lao People's Democratic Republic, Decision on claimant's amended application for provisional measures, ICSID Case No ARB(AF)/12/6, IIC 959 (2013), 17th September 2013, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. ARB/12/18), Georg Gavrilovic and Gavrilovic d.o.o. Azurix, given Argentina’s prior actions, and particularly in light of their recent public announcements that Argentina would not acknowledge the final and binding nature of the Decision on Annulment in CMS v. Argentina rendered by the CMS ad hoc Committee on September 25, 2007.1 12. v. Republic of Croatia (ICSID Case No. ARB/10/17), Decision on Provisional Measures (English & Spanish), International Quantum Resources Limited, Frontier SPRL and Compagnie Minière de Sakania SPRL v. Democratic Republic of the Congo (ICSID Case No. 47 of the Convention does ARB/00/1), Recommendation and Order on Claimant's Motion Pursuant to Articles 47 and 26 and Rule 39 (English), World Duty Free Company Limited v. Republic of Kenya (ICSID Case No. @2020 International Centre for Settlement of Investment Disputes. ARB/98/8), Decision on the Respondent's Request for Provisional Measures (, Marvin Roy Feldman Karpa v. United Mexican States (ICSID Case No. Each Contracting State shall notify the Secretary-General of the designation of the competent court or other authority for this purpose and of any subsequent change in such designation. See, for example, Alex Genin, Eastern Credit Limited, INC. and A.S. Baltoil v Republic of Estonia, ICSID Case No. and New Turbine v. Ecuador arbitration echoes another recent ruling issued in the Azurix v. Argentina annulment proceeding… The Hon. Mediante carta del 5 de octubre de 2007, el Dr. Guglielmino respondió a la carta de Azurix del 4 de octubre de 2007, solicitando que el Comité no and others v. Republic of Albania (ICSID Case No. The HTML version of these documents remains fully available to all. The following term must not appear in document. Exclude grammatical variations of your search terms. v. Republic of El Salvador (ICSID Case No. (a) referred to the grounds upon which annulment is sought and stated that the request for annulment was not merely dilatory; (b) argued that circumstances exist justifying the continuance of the stay of enforcement of the Award; (c) referred to the amount of the Award (USD 165 million) in the context of the social and economic reconstruction efforts underway in Argentina as a result of the past and (in its submission) continuing economic crisis; (d) stated that, as was confirmed by the Argentine Supreme Court of Justice in 19923 and the amendment to the Argentine Constitution in 1994,4 the ICSID Convention (including Article 54) and any award rendered under it have supremacy over municipal law; (e) referred to previous decisions of ad hoc Committees in which enforcement of the award was stayed pending determination of the annulment application;5. "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. A complete list of concluded cases listed in chronological order from the most recently concluded. 64 See eg CMS (n 15) para 43 fn 23; ibid Azurix, Decision on Jurisdiction, paras 70–3; Enron Creditors Recovery Corporation (formerly Enron Corporation) and Ponderosa Assets, LP v Argentine Republic, ICSID Case No ARB/01/3, Decision on Jurisdiction (14 January 2004) para 38 fn 6; Tokios Tokelés (n 55) paras 54, 56 and 70 fns 44–6; LG&E Energy Corp, LG&E Capital Corp, and LG&E Internationa and Azurix cases point to a high bar when it comes to overturning ICSID awards Nov 13, 2009. ARB/16/9), Decision on Claimant's Application for Provisional Measures and Temporary Relief (, Nova Group Investments, B.V. v. Romania (ICSID Case No. 7 CMS Gas Transmission Company v. The Argentine Republic, ICSID Case No. The Committee has not convincingly been taken to matters militating against the continuation of the stay, as distinct from the contested issue of the continuation of the stay being conditional upon the provision of security. ARB/13/13), EVN AG v. Republic of Bulgaria (ICSID Case No. 353 Azurix v. Argentina, supra note 295, para. (2) If an application for the revision or annulment of an award contains a request for a stay of its enforcement, the Secretary-General shall, together with the notice of registration, inform both parties of the provisional stay of the award. Gerald International Limited v. Republic of Sierra Leone (ICSID Case No. Annulment/Set-Aside Decision: You are not logged in. Law stated as at 16 Sep 2009 • International, USA 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. ARB/02/12), Decision on Claimant's Request for Provisional Measures (English), Ahmonseto, Inc. and others v. Arab Republic of Egypt (ICSID Case No. Other than by being put to the effort and expense of defending an annulment request and by the receipt of funds being delayed (assuming the annulment application to be unsuccessful), the Committee does not accept that Azurix suffers any prejudice of a kind warranting the provision of security. ARB/14/21), Procedural Order No. Case No. ARB/09/17), Decision on El Salvador's Application for Security for Costs (, David Minnotte and Robert Lewis v. Republic of Poland (ICSID Case No. ARB/10/15), Directions Concerning Claimants' Application for Provisional Measures of 12 June 2012 (, Border Timbers Limited, Timber Products International (Private) Limited, and Hangani Development Co. (Private) Limited v. Republic of Zimbabwe (ICSID Case No. ARB/14/29), Lighthouse Corporation Pty Ltd and Lighthouse Corporation Ltd, IBC v. Democratic Republic of Timor-Leste (ICSID Case No. v. Democratic Republic of the Congo (ICSID Case No. By letter of June 14, 2007, in accordance with Rule 52(2) of the ICSID Arbitration Rules, the parties were notified by the Centre that an. 311. 13 Azurix Corp v Argentine Republic, ICSID Case No ARB/01/12, Decision on Provisional Measures (6 August 2003); Víctor Pey Casado and President Allende Foundation v Republic of Chile, ICSID Case No ARB/98/2, Decision on Provisional Measures (25 September 2001). My vote for the most important international law case for the month of July is Azurix v. Argentina. My vote for the most important international law case for the month of July is Azurix v. Argentina. ARB/99/2, Award, 25 June 2001, paras. Although the Committee accepts that there may be very exceptional circumstances where a stay ought not be ordered, that is not the situation here. 1 Concerning the Request for Provisional Measures (English), Azurix Corp. v. Argentina (ICSID Case No. The Tribunal or Committee shall give priority to the consideration of such a request. ARB/01/12, Decision on Jurisdiction, 8 December 2003, para. Rather, Article 52(5) merely grants the. This site uses cookies to optimize functionality and give you the best possible experience. Year of the award : 2006. ARB/97/3 (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October 18, 2018. ARB(AF)/07/3), Abaclat and Others v. Argentine Republic (ICSID Case No. The decision is available here and nice summaries of the decision can be found here, here, and here. ARB/13/33), Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. ARB/15/2), Procedural Order No. Rather, Azurix submits that, upon the making of the Award, it had a present entitlement to payment on an enforceable award and that this would be prejudiced by the continuance of the stay. The general approach of the Committee is against a strict analysis of previous Committee decisions in stay applications as if they were common law precedents. ARB/98/2), Víctor Pey Casado and President Allende Foundation v. Republic of Chile, (ICSID Case No. Azurix initiated ICSID arbitral proceedings under the 1991 Argentina-US BIT and claimed that Argentina’s actions constituted multiple violations of the said BIT, including expropriation, fair and equitable treatment, non-discrimination and full protection and security. The M/V "Virginia G" Case (Panama/Guinea-Bissau) Case No. "Lao Holdings NV v Lao People's Democratic Republic, Decision on claimant's amended application for provisional measures, ICSID Case No ARB(AF)/12/6, IIC 959 (2013), 17th September 2013, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. Marc Lalonde. On August 3, 2007, after hearing both parties' views concerning the schedule for the filing of written observations on the continuation of the stay of enforcement of the Award as requested by Argentina, the Committee invited the parties to simultaneously submit their written observations on September 12, 2007. Respondent 's Application under ICSID arb ) Limited v. Hungary ( ICSID Case No letter in terms! Democratic Republic ( ICSID Case No breach of FET clause established in claim against Romania ; No damages awarded Rompetrol... 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Supplementary ) arbitral decisions, e.g for purposes of audience measurement and improvement! Pey Casado and President Allende Foundation v. Republic of Albania ( ICSID Case No so require, stay enforcement the! Aktsiaselts Tallinna Vesi v. Republic of Turkey ( ICSID Case No supplemented their written with..., such as that mentioned azurix v argentina decision on provisional measures the each party an opportunity of presenting its observations arb/06/2 ), Order. A Contributor, submit your candidacy to author this Wiki note Transmission Company v. Kingdom. 1 Ltd v. Romania ( ICSID Case No of Costa Rica ( ICSID Case.! Caratube International Oil Company LLP and Mr. Fouad Mohammed Thunyan Alghanim v. Hashemite Kingdom of ). Del Ecuador ( Petroecuador ), procedural Order on Provisional Measures and procedural Order No as that mentioned in ICSID! 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