Arbitral Digest

Matter

El Paso Energy International Company v. Argentine Republic (ICSID Case No. ARB/03/15)

Case no.
ARB/03/15
Applicable rules
ICSID Arbitration Rules
  1. 27 April 2006Arbitration

    27 April 2006Arbitration

    Decision on Jurisdiction dated 27 April 2006

    International Centre for Settlement of Investment Disputes

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

    Supporting details

    4 authorities · 19 participants
    El Paso Energy International Company
    Representative
    R. Doak Bishop (For: El Paso Energy International Company)
    Representative
    Jose A. Martinez de Hoz (Jr.) (For: El Paso Energy International Company)
    Representative
    Tomasz J. Sikora (For: El Paso Energy International Company)
    Representative
    Craig S. Miles (For: El Paso Energy International Company)
    Representative
    Valeria Macchia (For: El Paso Energy International Company)
    Representative
    Angolie Singh (For: El Paso Energy International Company)
    Argentine Republic
    Representative
    Osvaldo Cesar Gugliemino (For: Argentine Republic)
    Representative
    Jorge Barraguirre (For: Argentine Republic)
    Representative
    Maria Vallejos Meana (For: Argentine Republic)
    Representative
    Horacio Daniel Rosatti (For: Argentine Republic)
    Representative
    Gisela Makowski (For: Argentine Republic)
    Representative
    Cintia Yaryura (For: Argentine Republic)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lucius Caflisch
    Arbitrator
    Brigitte Stern
    Institutional administrator
    Gabriela Alvarez Avila
    Other
    Expert
    Ed Sereno

    Authorities cited

    4
    • Treaty between the Argentine Republic and the United States of America concerning Reciprocal Encouragement and Protection of Investments (Signed 14 November 1991)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965 ICSID Convention)
      treaty
    • Argentine Hydrocarbons Law No. 17,319 (Law No. 17,319)
      statute
    • Argentine Electricity Law No. 24,065 (Law No. 24,065)
      statute

    5 years, 6 months and 4 days later · 2013 days

  2. 31 October 2011Arbitration

    31 October 2011Arbitration

    Award dated 31 October 2011

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal partially upheld El Paso's claims, awarded it US$43.03 million plus compound interest as compensation, and concluded that Argentina had breached its obligation to accord fair and equitable treatment to El Paso's investment under the BIT.

    Supporting details

    5 participants
    El Paso Energy International Company
    Argentine Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lucius Caflisch
    Arbitrator
    Brigitte Stern

    2 years, 10 months and 22 days later · 1057 days

  3. 22 September 2014Arbitration

    22 September 2014Arbitration

    Decision of the Ad Hoc Committee on the Application for Annulment of the Argentine Republic dated 22 September 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee unanimously dismissed Argentina's application for annulment in its entirety, terminated the suspension of enforcement of the Award ordered on 14 November 2012, directed each party to bear its own costs and fees in the annulment proceeding, and directed Argentina to bear the costs of the proceeding, including the fees and expenses of the Committee and Centre costs.

    Supporting details

    5 authorities · 24 participants
    Argentine Republic
    Representative
    Angelina M.E. Abbona (For: Argentine Republic)
    Representative
    Jose A. Martinez de Hoz (Jr.) (For: Argentine Republic)
    Representative
    Jimena Vega Olmos (For: Argentine Republic)
    Representative
    Horacio Pedro Diez (For: Argentine Republic)
    Representative
    Gabriel Bottini (For: Argentine Republic)
    Representative
    Carlos Mihanovich (For: Argentine Republic)
    Representative
    Tomas Braceras (For: Argentine Republic)
    El Paso Energy International Company
    Representative
    John L. Shoemaker (For: El Paso Energy International Company)
    Representative
    James Lloyd Loftis (For: El Paso Energy International Company)
    Representative
    Mark Beeley (For: El Paso Energy International Company)
    Representative
    Timothy J. Tyler (For: El Paso Energy International Company)
    Representative
    William T. Teten (For: El Paso Energy International Company)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Teresa Cheng
    Arbitrator
    Rolf Knieper
    Institutional administrator
    Natali Sequeira
    Institutional administrator
    Dante Rinaldi
    Institutional administrator
    William Prewett
    Other
    Expert
    LECG

    Authorities cited

    5
    • Treaty between the Argentine Republic and the United States of America concerning Reciprocal Encouragement and Protection of Investments (Signed 14 November 1991)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965 ICSID Convention)
      treaty
    • 1969 Vienna Convention on the Law of Treaties
      treaty
    • Draft Articles on Responsibility of States for Internationally Wrongful Acts (2001 ILC Draft Articles on State Responsibility)
      international law instrument
    • Argentine Corporations Law No. 19,550 (Law No. 19,550)
      statute

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El Paso Energy International Company v. Argentine Republic (ICSID Case No. ARB/03/15) · Matter