Tag Archives: Argentina

Urbaser v. Argentina and Burlington v. Ecuador: Investment arbitration is not over the counterclaims yet

Two recent decisions by tribunals have advanced the body of tribunal practice considering the issue of counterclaims by respondent states in investment treaty arbitration: Burlington Resources Inc. v. Ecuador, in which the tribunal awarded damages against the investor for breach … Continue reading

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Filed under Investment Arbitration, Jurisdiction, The Americas

The US Supreme Court decides BG v Argentina – right place, wrong road?

In a 7-2 majority decision on 5 March 2014, the United States Supreme Court has reinstated BG Group (BG)’s US$185 million arbitral award against Argentina.[1] The Supreme Court sought to clarify the delineation between “procedural” and “substantive” arbitrability issues in … Continue reading

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Filed under Arbitrability, Investment Arbitration, The Americas

Argentina settles five outstanding investment treaty arbitration claims in historic break with its anti-enforcement stance

Argentina has agreed to settle five separate investment treaty arbitration claims at a cost of around USD 500 million, in an historic departure from the Latin American state’s refusal to comply with awards made by international investment treaty arbitration bodies. … Continue reading

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Filed under Awards, Enforcement, Investment Arbitration, The Americas

Cert petition in the BG v Argentina case: No support from the US Solicitor General

In the latest development in Argentina’s challenge of the BG Group v Argentina arbitral award, the United States Solicitor General (“SG“) has argued that the United States Supreme Court should deny BG Group’s petition for a writ of certiorari (the … Continue reading

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Filed under Arbitrability, Investment Arbitration, The Americas

Ambiente Ufficio S.p.A. and others v Argentine Republic (ICSID Case No ARB/08/9)

In Ambiente Ufficio S.p.A. and others v Argentine Republic, an ICSID tribunal held that it had general jurisdiction over a multi-party claim commenced by 90 distinct Italian nationals against Argentina in respect of harm said to result from Argentina’s default … Continue reading

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Filed under Investment Arbitration, The Americas

Tribunal navigates the procedural minefield in Abaclat v Argentina, issuing its 17th procedural order

On 8 February 2013, the majority of the tribunal in the famous Abaclat and Others v Argentina case issued its 17th procedural order. The first such order dates back to 2008 and this will no doubt not be the last. … Continue reading

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Filed under Investment Arbitration, The Americas

ARA Libertad leaves Ghana following ITLOS ruling on Argentina’s application for provisional measures

As reported in our earlier blog post, on 29 and 30 November 2012, the International Tribunal for the Law of the Sea (the ITLOS) heard an application by Argentina for provisional measures against Ghana under Article 290(5) of the UN … Continue reading

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Filed under Public International Law, The Americas

Argentina v Ghana at the International Tribunal for the Law of the Sea: the continuing saga of the ARA Libertad

On 29 and 30 November 2012, the International Tribunal for the Law of the Sea (ITLOS) heard an application by Argentina for provisional measures against Ghana under Article 290(5) of the UN Convention on the Law of the Sea (UNCLOS). … Continue reading

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Filed under Public International Law, The Americas

NML Capital and Argentina: Ghanaian court rejects Argentina’s sovereign immunity challenge and NML Capital targets second vessel in South Africa

On 25 October, News agencies reported that a second Argentine navy vessel has been targeted by NML Capital, this time in South Africa. This followed the news on 11 October 2012, that the Ghanaian Commercial Court in Accra rejected a … Continue reading

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Filed under Advice on State Contracts and Disputes, Public International Law, Sovereign Immunity, The Americas

Consistently inconsistent: another contrasting decision on ‘Most Favoured Nation’ provisions, another split decision

In Daimler Financial Services AG v Argentine Republic, an ICSID tribunal considered whether Daimler, a German investor, could rely on the ‘most favoured nation’ (MFN) clause in the Argentina-Germany bilateral investment treaty (BIT) to import a more favourable dispute resolution … Continue reading

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Filed under Investment Arbitration, Public International Law, The Americas