...was not addressed with clarity in any case. The facts in CMS v. Argentina,[9] Enron v. Argentina,[10] Sempra v. Argentina,[11] and LG&E v. Argentina[12] were virtually identical, but the reasonings...
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Author: Julio César Rivera Jr.* Published: September 2019 Jurisdictions: United States Argentina Topics: Arbitral Awards Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement UNCITRAL Model Law Commercial Disputes...
The Review of Arbitral Awards’ Manifest Errors of Law in ...
Author: José María Martín** Published: June 1991 Jurisdiction: Argentina Topics: Arbitrators and Arbitral Tribunals Challenge of Arbitrators Compensation of Arbitrators Arbitral Adjudication Amiable Composition Confidentiality Arbitral Awards Appeal to Arbitral...
Argentina’s General Arbitration Tribunal: A Successful Pattern of Private Justice* ...
...a victory for Argentina, the amount of outstanding debt held by those creditors who rejected the offer – U.S. $25 billion – is huge. The creditors that rejected Argentina’s exchange...
Arbitration As A Means Of Resolving Sovereign Debt Disputes – ...
...Argentina-Germany BIT to be sufficiently wide to invoke the wider dispute resolution clause in the Argentina-Chile BIT, in spite of the former BIT being narrower in scope than the latter...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...in 2018 (Vol. 30(3) July 2020) Julio César Rivera Jr., The Review of Arbitral Awards’ Manifest Errors of Law in Annulment Actions in the United States and in Argentina (Vol....
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Author: Nicholas Song* Published: August 2009 Jurisdiction: Argentina Topics: Investment Disputes ICSID Washington Convention Description: I. INTRODUCTION The dawn of the 21st century did not augur a bright start to...
Between Scylla and Charybdis: Can a Plea of Necessity Offer ...
...Argentina have held that ordinary contracts cannot be turned into treaty claims. In contrast, opposing views have been held in Eureko v. Poland, Noble Venture v. Romania and Siemens v....
The Viability of Precedents in Arbitration
...arbitrations for the company’s ESG breaches based on ESG clauses contained in treaties. In Urbaser v. Argentina, the investor was a shareholder in a concessionaire in charge of the supply...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...state. We will examine these issues using the example of a hypothetical U.S. investor, Potable Inc. (“Potable”), which is contemplating whether to resolve its dispute with the Republic of Argentina...
The Limitations of Party Autonomy in ICSID Arbitration – Vol. ...
...Republic of Argentina to the raft of claims it faced following the country’s 2001-2002 economic crisis.”). [7] The elements of the defense of necessity are: “(a) it is the only...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...human rights standards. For instance, the Tribunal in Urbaser v. Argentina confirmed the Tribunal’s jurisdiction to hear a counterclaim raised by a State against foreign investors for breaching environmental and...