Enron Creditors Recovery Corporation (formerly Enron Corporation) and Ponderosa Assets, L.P. v. Argentine Republic (ICSID Case No. ARB/01/3)

Procedural record

1. 2 August 2004Arbitration

   2 August 2004Arbitration

   Decision on Jurisdiction (Ancillary Claim)

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal decided that the dispute was within the jurisdiction of the Centre and the competence of the Tribunal, and made the order necessary for continuation of the procedure under Arbitration Rule 41(4).

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   9

   • Barcelona Traction, Light and Power Company, Limited (International Court of Justice, Barcelona Traction, Light and Power Company, Limited)
     case law
   • Elettronica Sicula, S.p.A. (International Court of Justice, Elettronica Sicula, S.p.A.)
     case law
   • Mondev International Ltd. v. United States of America (ICSID Case No. ARB(AF)/99/2, Award, October 11, 2002)
     case law
   • Vacuum Salt Products Ltd. v. Republic of Ghana (ICSID Case No. ARB/92/1, Decision on Jurisdiction, February 16, 1994)
     case law
   • Alex Genin and others v. Republic of Estonia (ICSID Case No. ARB/99/2, Award, June 25, 2001)
     case law
   • Compania de Aguas del Aconquija S.A. and Vivendi Universal v. Argentine Republic (ICSID Case No. ARB/97/3, Award, November 21, 2000)
     case law
   • Wena Hotels Limited v. Arab Republic of Egypt (ICSID Case No. ARB/98/4, Decision on Annulment Proceeding, February 5, 2002)
     case law
   • CMS Gas Transmission Company v. Argentine Republic (ICSID Case No. ARB/01/8, Decision on Jurisdiction, July 17, 2003)
     case law
   • Azurix Corp. v. Argentine Republic (ICSID Case No. ARB/01/12, Decision on Jurisdiction, December 8, 2003)
     case law

   4 years, 2 months and 5 days later · 1527 days

2. 7 October 2008Arbitration

   7 October 2008Arbitration

   Decision on the Argentine Republic's Request for a Continued Stay of Enforcement of the Award

   International Centre for Settlement of Investment Disputes

   Decision summary

   The ad hoc Committee extended the stay of enforcement of the Award under Article 52(5) of the ICSID Convention and Rule 54(2) of the ICSID Arbitration Rules. It continued the stay without requiring Argentina to provide security, while allowing the Claimants, after 60 days, to apply for reconsideration of the continuation of the stay and the issue of security.

   Participants

   International Centre for Settlement of Investment Disputes

   Authorities cited

   7

   • MTD Equity Sdn. Bhd. and MTD Chile S.A. v. Republic of Chile (ICSID Case No. ARB/01/7, Decision on the Respondent's Request for a Continued Stay of Execution, June 1, 2005)
     case law
   • CMS Gas Transmission Company v. Argentine Republic (ICSID Case No. ARB/01/8, Decision on Jurisdiction, July 17, 2003)
     case law
   • Azurix Corp. v. Argentine Republic (ICSID Case No. ARB/01/12, Decision on Jurisdiction, December 8, 2003)
     case law
   • Maritime International Nominees Establishment v. Republic of Guinea (ICSID Case No. ARB/84/4, Interim Order No. 1 on Guinea's Application for Stay of Enforcement of the Award, August 12, 1988)
     case law
   • CDC Group plc v. Republic of the Seychelles (ICSID Case No. ARB/02/14, Decision on Whether or Not to Continue Stay and Order, July 14, 2004)
     case law
   • Patrick Mitchell v. Democratic Republic of the Congo (ICSID Case No. ARB/99/7, Decision on the Stay of Enforcement of the Award, November 30, 2004)
     case law
   • Cartellone v. Hidronor (Argentine Supreme Court, June 1, 2004, Fallos 327-1881)
     case law