Panama Canal Authority reports win in ICC case; India liable in Vodafone tax dispute ; Nigeria overturns security order in mega-award challenge ; Albania faces ICSID claim over seized port terminal ; Squire Patton Boggs hires from WilmerHale; New group offers support to young … ARB/01/12, Award, 14 July 2006 . Full case name This is the year in which the notice of arbitration / request for arbitration was submitted by the claimant. 105 Biwater Ga~A:.ff v. Tanzania, Procedural Order No. })(window,document,'script','//www.google-analytics.com/analytics.js','ga'); Azurix is known in particular for operating in Argentina, where in June 1999 it bid $438m to win a 30-year concession covering two of the three regions of the Buenos Aires Province (excluding the Buenos Aires city concession, which is run by Suez). The committee rejected the application in its entirety. • Provide comprehensive analysis on key issues arising from the complexity of the international investment regime, This ICSID arbitration is, at its essence, a case about water politics. Claimant(s): Azurix … 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 (hereinafter “the BIT”), international law and Argentine law in respect of Azurix’s investment in a utility which distributes drinking water and treats and disposes of sewerage water in … 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. Please cite as: UNCTAD, Investment Dispute Settlement Navigator, available at https://investmentpolicy.unctad.org/investment-dispute-settlement. Decision on Jurisdiction. • Discontinued: the arbitration was discontinued for any reason other than due to a (known) settlement. Whenever a claimant or the tribunal refer to “expropriation”, without distinguishing between “direct” or “indirect”, such distinction is made on the basis of the factual background of the case and the context of the claimant’s claims and tribunal’s findings. Azurix Corp. v The Argentine Republic, ICSID Case No. When the relevant case documentation is not publicly available, information about breaches alleged may be obtained from other public sources that are deemed reliable. Amount awarded refers to the amount of monetary compensation awarded by the arbitral tribunal to the claimant, not including interest, legal costs or costs of arbitration. These are decisions rendered by an arbitral tribunal. • Reform the international investment agreements (IIAs) regime to enhance its sustainable development dimension, (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ In Azurix Corp. v The Argentina Republic (ICSID Case No ARB/01/12) (Annulment Proceeding), an ad hoc committee considered Argentina's request for annulment of an award pursuant to Article 52 of the ICSID Convention. During a 1999 water privatization deal, the company won a 30-year concession to provide water and sewage … 361-377 Google Scholar * Consultant, Curtis, Mallet-Prevost, Colt & Mosle LLP. Vivendi v. Argentina Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Republic of Argentina, ICSID Case No. 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. AAS is registered in Argentina and is 0.1% owned by Azurix and 99.9% owned by Azurix Argentina Holdings Inc. (a company incorporated in Delaware), which in turn is 100% owned by Azurix. para. The structure of economic activities follows the International Standard Industrial Classification of All Economic Activities, Rev.4 (UN ISIC Rev.4). The author, formerly Counsel at … Additional notes: The information included in the Navigator is collected from publicly available sources. By Michael Casey, Dow Jones Newswires 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. • ICSID resubmission proceedings. The three pillars of activities Follow the latest developments in investment policies around the world. 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 http://italaw.com, and/or (ii) links to the websites of governments and/or arbitral institutions provided in the “Additional information” section. La concession a été accordée à une société locale, dans laquelle Azurix v Argentina, ICSID Case No. Read more here. The tribunal reasoned that ‘when the terms protection and security are qualified by full and no other adjective or explanation, they extend, in their ordinary meaning, the … Award. is added to the name of each subsequent case. Découvrez et achetez Icsid reports, volume 14. Azurix v. Argentina represents the first case in which and international arbitral tribunal decided on the merit of a disputed water privatization. • Intergovernmental consensus-building: exchanging and sharing best practices and experience with the view to fostering global investment governance. ga('send', 'pageview'); The Navigator is updated on a regular, typically biannual, basis. 104 Ibid., para. UNCTAD assumes no responsibility for eventual errors or omissions in these data. where the arbitral tribunal determines procedural rules, are marked “None (ad hoc)”. International Centre for the Settlement of Investment Disputes (ICSID): Azurix Corp. v. The Argentine Republic (ICSID Case No. 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, President Mr. Marc LaLonde Mr. Francisco Rezek Annulment Committee Judge Gilbert Guillaume, President Judge Nabil Elaraby Professor James R. Crawford Timeline of the dispute 26 July 2001 – … The dispute stretches over a considerable time period resulting in an (however, dismissed) application on annulment of die original award, see Azurix Corp v. Argentina… For further information, please contact us via the online contact form. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. 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 (hereinafter "the BIT"), international law and Argentine law in respect of Azurix's investment in a utility which distributes drinking water and treats and disposes of sewerage … Decision on Jurisdiction. In case an arbitrator has been replaced by another individual (e.g. In Azurix v. Argentina (above, § 58), the Tribunal held that a US company’s indirect investment in a water concession in Argentina held through a local subsidiary was an “investment” in the sense of the BIT and that it had precisely been the intention of the Contracting Parties to cover that type of interests in order to protect the real party concerned. : Biloune and Marine Drive Komplex Ltd. v. Ghnna Investments Ceetre and the Government of China, (Investment Agreement), Award on Jurisdiction and Liability, 27 October 1989, 95 Ir 184, p. 209; Compania del … Claims arising out of Argentina's alleged interference with the tariff regime applicable to claimant's investment, as well as other alleged breaches of obligations under a water concession agreement. The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list. 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. 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 (hereinafter “the BIT”; bilateral investment treaties in general will be referred to as BITs), international law and Argentine law in respect of Azurix's investment in a utility which … Applicable IIA This is the institution that provides administrative support for the arbitral proceedings. Short case name The dispute was brought about by the US-based water firm Azurix , which sought compensation for losses related to measures adopted by the Buenos Aires Province. Case Status: Arbitral Phase Concluded. Documents: Expert Opinion of Prof. Comadira. The committee rejected the application in its entirety. Information about breaches alleged is primarily derived from the claimant’s request of arbitration, claimant’s memorials and/or arbitral decisions. The con… Follow-on (post-award) proceedings include three types of legal proceedings: Similarly, procedural orders issued by arbitral tribunals are not included. 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. ISDS Navigator The ISDS Navigator contains information about known international arbitration cases initiated by investors against States pursuant to international investment agreements (IIAs). • Settled: the disputing parties settled the case and the arbitral proceedings were discontinued for that reason. In some cases, the approximate amount may be recorded to give a broad indication of the dispute’s magnitude. Explore the world's most comprehensive free database of investment treaties and model agreements. Azurix Corp. (NYSE: AZX) is a water services company, headquartered in Houston, Texas. , Expert Opinion of Prof. Comadira (not public), Expert Opinion of Prof. Fernandez (not public), Expert Opinion of Dr. Solomoni (not public), See case mapped in Subject Navigator on Investor-State LawGuide, See discussion and analysis of the case on IAReporter, 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 (English), Decision on the Application for Annulment of the Argentine Republic (Spanish). These are the arbitral rules in accordance with which the proceedings are conducted. 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