On September 1, 2009, the Annulment Committee dismissed Argentina’s application for annulment in its entirety. /Subtype /Link 22 0 obj endobj /Rect [ 101.2 280.1 505.6 293.9 ] 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. 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. /Font 34 0 R /Dest [ 47 0 R /XYZ 125.9 722.7 0 ] endobj On November 13, 2006, Argentina filed an application for annulment of the Tribunal’s award, citing among other grounds for annulment, issues relating to the Tribunal’s calculation of damages. Following the Province’s termination of ABA’s concession in 2002, Azurix initiated an ICSID arbitration against Argentina seeking approximately US$600 million in compensation. /Subtype /Link << Case Summaries. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. endobj The case summaries below were written by our expert writers, as a learning aid to help you with your studies. >> 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. Investment treaty: Argentina-United States BIT. 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. endobj >> /Type /Annot /Subtype /Link He said the amount of the award was well below the original $620 million that Azurix had sought and that other aspects of the ruling were "favorable to (Argentina’s) position." Azurix Corp. v The Argentine Republic, ICSID Case No. /Dest [ 46 0 R /XYZ 125.9 300.8 0 ] Azurix v Argentina, ICSID Case No. /F4 38 0 R /Filter /FlateDecode 31 0 obj /Dest [ 47 0 R /XYZ 125.9 595 0 ] >> 26 0 obj /Rect [ 113.2 224.9 505.6 238.7 ] << 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 24 0 obj 33 0 obj endobj The Tribunal found that Argentina (through the actions of the Province) had violated the BIT by: (1) failing to accord fair and equitable treatment to Azurix’s investment; (2) failing to accord full protection and security to Azurix’s investment; and (3) taking arbitrary measures that impaired Azurix’s use and enjoyment of its investment. endobj endobj by PLC Arbitration. /Type /Annot /F3 37 0 R Expand / Collapse All Applicable IIA. The Committee also considered it clear that the damages awarded under the “actual investment” method corresponded to the amounts actually invested by the claimant, which would include both the Canon payment and Azurix’s additional investments. /Subtype /Link /Type /Annot /Dest [ 47 0 R /XYZ 89.9 770 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 (ICSID Case No ARB/01/12) - Annulment proceeding Practical Law Resource ID 4-504-4006 (Approx. << /Dest [ 47 0 R /XYZ 125.9 230 0 ] >> ARB/01/12, Award Summary: Azurix claimed in respect of the provincial authorities’ interference with its tariff regime to charge customers for water services as well as encouragement of non-payment of water bills by customers. /Subtype /Link 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. << AB`r�7�2�����d�K����?����0���T�/��,��1E��hdz��=+��h@�/���A���f�>��Ȓ stream /Dest [ 46 0 R /XYZ 125.9 228.3 0 ] /Type /Annot 14 0 obj /Type /Annot 12 0 obj /F5 39 0 R /Border [ 0 0 0 ] Applicable legal instruments: Argentina-United States BIT. << /ProcSet [ /PDF /Text ] 27 0 obj (http://www.biicl.org/publications/view/-/id/126/) >> /Dest [ 46 0 R /XYZ 125.9 544.8 0 ] 30 0 obj /Subtype /Link Azurix v. Argentine Republic, ICSID Case No. endobj Keep a step ahead of your key competitors and benchmark against them. /Border [ 0 0 0 ] /Rect [ 101.2 349.1 505.6 362.9 ] 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. /Resources 10 0 R Introducing PRO ComplianceThe essential resource for in-house professionals. CMS v. Argentina CMS Gas Transmission Co. v. Republic of Argentina, ... 1.0 Case Summary 1.1 Factual background. /Rect [ 101.2 307.7 505.6 321.5 ] >> /Border [ 0 0 0 ] 11 0 obj /Subtype /Link 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. 20 0 obj >> Details of investment and summary of the dispute ... National Grid v. Argentina National Grid PLC v. The Argentine Republic. >> /Rect [ 89.2 155.9 505.6 169.7 ] 15 0 obj /Border [ 0 0 0 ] /Border [ 0 0 0 ] Argentina (1) ANALYSIS: Rejection of annulment requests in M.C.I. << The Committee found nothing in the BIT that reserved the fair market value standard of compensation solely to cases of expropriation. >> 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. Questions? >> 8. << /Dest [ 43 0 R /XYZ 125.9 335 0 ] 34 0 obj /F2 36 0 R /Type /Annot /Subtype /Link 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. /Rect [ 101.2 169.7 505.6 183.5 ] Costs: The Committee held that Argentina should bear all expenses incurred by ICSID in connection with the proceeding, including the fees and expense of the members of the Committee, but that each party should bear its own litigation costs and expenses, including costs of legal representation. /Border [ 0 0 0 ] /F6 40 0 R ARB/01/12, Award, 14 July 2006 . >> /Border [ 0 0 0 ] /Border [ 0 0 0 ] 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. /Dest [ 49 0 R /XYZ 89.9 758 0 ] endobj On March 21, 2003, the Tribunal invited Argentina to comment on this request. "Lexology is a high quality service; the articles are very relevant and always useful", © Copyright 2006 - 2020 Law Business Research. The Committee found that it was clear from the Tribunal’s reasoning that the Tribunal considered that the fair market value standard of compensation was not confined exclusively to cases of expropriation, but that it could also be applied in cases of breaches of other provisions of the BIT. Country: Argentina. >> /Type /Annot Azurix Corp v Argentine Republic - ICSID Case No ARB-01-12 - Award - English - 14 July 2006. endobj /Rect [ 114 744.7 505.6 757.4 ] << /Subtype /Link << 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. << /Type /Annot << Claimant: Azurix Corp. Respondent: Argentina. However, the Tribunal considered that a significant adjustment was required to arrive at the real value of the Canon paid by Azurix. Azurix Corp. v. The Argentine Republic, ICSID Case No. See case mapped in Subject Navigator on Investor-State LawGuide. << >> 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. /Border [ 0 0 0 ] Alternatively, you … /Type /Annot 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, endobj /F7 41 0 R 25 0 obj /Border [ 0 0 0 ] << << If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. /Rect [ 89.2 321.5 505.6 335.3 ] 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. /Dest [ 46 0 R /XYZ 125.9 644.9 0 ] >> Become your target audience’s go-to resource for today’s hottest topics. If you are a subscriber, please Login to view additional case details. >> >> /Border [ 0 0 0 ] ARB/01/12) Annulment Proceeding Decision on the Argentine Republic's Request for a Continued Stay of Enforcement of the Award /Parent 9 0 R /Border [ 0 0 0 ] 29 0 obj By letter dated March 12, 2003, Azurix requested the Tribunal to join the jurisdictional issue to the merits. Case Overview: Azurix v. Argentina involved a U.S. company’s successful bid for privatization of an Argentinean company, owned and operated by the Province of Buenos Aires, which was in charge of providing potable water and sewage services in the Province. >> The next generation search tool for finding the right lawyer for you. /Border [ 0 0 0 ] endobj "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. /Rect [ 101.2 362.9 505.6 376.7 ] Azurix Corp. v. Argentine Republic (ICSID Case No. /Rect [ 101.2 376.7 505.6 390.5 ] << ARB/01 ... - italaw Jul 14, 2006 - Dr. Andrés Rigo Sureda, a Spanish national, was appointed President ..... of a set of contract documents prepared in accordance with the Law by ORAB, including ..... To interpret the Contract otherwise, it … /Rect [ 113.2 211.1 505.6 224.9 ] /Type /Annot 10 0 obj Members of the Annulment Committee: Dr. Gavan Griffith Q.C. /Rect [ 101.2 183.5 505.6 197.3 ] endobj /Border [ 0 0 0 ] /Border [ 0 0 0 ] /Dest [ 45 0 R /XYZ 125.9 606.2 0 ] /Border [ 0 0 0 ] 32 0 obj 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. �Oos�k֝�Q�-� m�3$(h��^�룛��F��a�"_;,���YO>ʾ2�0��8E?2�k����5WD3"�>��It�L���qU�����yв8h�,��}�9�#����"�� �*N�Y?v��p��W��O_�����K?kSDA�����=R�ӑ�R��Q�x��{?H�_��S+�i*�ǐ��_%��–(�=�(gz� g_��R��qJ�2`�D��=BeR�!D��=��|�CC����C��. /Dest [ 48 0 R /XYZ 89.9 758 0 ] Azurix Corp. v. Argentine Republic, ICSID Case No. 18 0 obj endobj The Committee noted that “[t]he Tribunal decided to exercise a discretion pursuant to customary international law, and not to exercise a discretion instead of customary international law.”4. x��]K�ø �ϯ�@RQ?� @2��m�z(z�(�����Iɖ#����=��@&�M�"�O)y�����۩N�onrGӍ�S��߻?���_��O�|��>i��C7�������t ��?�|Rp����a�wR�|�'��{Nj��������.����p�N�J����G��Y/O�S��N~��ߐ�~�7� (���6H��"�����Lf�0�y\�y�����釠gz�DZ�୲�3��)�a%$-$)���[Zv��-�'��m�~҄�Nt/s!�xi��\P��]��2��z����Rc��7�SaR1�5��g��X$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��� /Subtype /Link ARB/01/12 | italaw (14 July 2006) paras 361-372 endobj /Rect [ 89.2 404.3 505.6 418.1 ] The Committee therefore rejected both of Argentina’s grounds for annulment related to the Tribunal’s calculation of damages. /Dest [ 44 0 R /XYZ 125.9 592.4 0 ] The Tribunal received Argentina’s observations on March 27, 2003. << /Rect [ 113.2 197.3 505.6 211.1 ] /Subtype /Link Sign in to download document /Type /Annot Azurix v. Argentina (2) Guided Tutorial. "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. /Subtype /Link >> /Border [ 0 0 0 ] << << 19 0 obj B���Q8�7X�D���Rw���3��af�(rK My vote for the most important international law case for the month of July is Azurix v. Argentina. /Border [ 0 0 0 ] << >> << 23 0 obj The Tribunal determined that the fair market value standard was appropriate for Argentina’s breaches of the fair and equitable treatment, full protection and security, and arbitrary measures provisions in taking over the 30-year concession in only its third year.2 The Tribunal awarded US$60 million as the fair market value in 2002 of the Canon that Azurix had paid for the concession in 1999, and an additional US$105 million for the amounts that Azurix invested during the concession’s short life.3. /Group << /S /Transparency /CS /DeviceRGB /I true >> endobj endobj >> /Rect [ 101.2 266.3 505.6 280.1 ] It concluded that the value should be established at US$60 million. (Chairman), Judge Bola Ajibola and Mr. Michael Hwang S.C. /Dest [ 42 0 R /XYZ 89.9 561.3 0 ] endobj para. This ICSID arbitration is, at its essence, a case about water politics. /F1 35 0 R /Rect [ 101.2 252.5 505.6 266.3 ] Vivendi v. Argentina Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Republic of Argentina, ICSID Case No. /Type /Annot �[��;#1k���l��w.�J�%O&'�9g_n����h� /Type /Annot /Subtype /Link Thus, the amount awarded on account of additional investments was US$105,240,753. endobj V. Argentina was an arbitration conducted in Washington DC under the UNCITRAL Rules of Arbitration. >> << endobj Azurix Corp. v. Argentine Republic (ICSID Case No. << /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 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, 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. /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 >> /Type /Annot >> ARB/01/12) Annulment Proceeding Decision on the Argentine Republic's Request for a C >> /A << /Type /Action /S /URI /URI Azurix v. Argentina (2) You are not logged in. ARB/01/12 (United States/Argentina BIT), Decision on the Application for Annulment of the Argentine Republic Read more here. /Length 3531 Tribunal’s decision regarding damages: The Tribunal determined that, for purpose of calculating the compensation due to Azurix, it would use March 12, 2002, the date the Province put an end to the Concession. endobj Please contact customerservices@lexology.com, Sector involved: Water and Sewage Concession. %PDF-1.5 %���� Azurix Corp. v. The Argentine Republic. /Subtype /Link Azurix v. Argentina (I) Azurix Corp. v. The Argentine Republic (I) ICSID Case No. "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. 17 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. Applicable arbitration rules: ICSID. I ) ICSID Case No customerservices @ lexology.com, Sector involved: water and Sewage Concession is. Rate quote at subscribe @ iareporter.com at subscribe @ iareporter.com azurix v. Argentina ( ICSID Case No your. Join the jurisdictional issue to the Tribunal to join the jurisdictional issue the! Search tool for finding the right lawyer for you Tribunal invited Argentina comment! 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