Arbitral Digest

Matter

EDF International S.A., SAUR International S.A. and Leon Participaciones Argentinas S.A. v. Argentine Republic (ICSID Case No. ARB/03/23)

Case no.
ARB/03/23
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 25 June 2008Arbitration

    25 June 2008Arbitration

    Disqualification Decision dated 25 June 2008

    International Centre for Settlement of Investment Disputes

    Decision summary
    The remaining members of the Tribunal dismissed Argentina's proposal to disqualify Professor Gabrielle Kaufmann-Kohler.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 11 days later · 41 days

  2. 5 August 2008Arbitration

    5 August 2008Arbitration

    Decision on Jurisdiction dated 5 August 2008

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed Argentina's objections to jurisdiction.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 years, 10 months and 6 days later · 1406 days

  3. 11 June 2012Arbitration

    11 June 2012Arbitration

    Award dated 11 June 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that Argentina breached obligations to respect specific commitments undertaken in connection with the claimants' investment and to afford fair and equitable treatment. It dismissed the claimants' other claims and awarded damages.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 14 days later · 259 days

  4. 25 February 2013Arbitration

    25 February 2013Arbitration

    Procedural Order No. 1 dated 25 February 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee issued a procedural order concerning the schedule of the annulment proceedings.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 days later · 8 days

  5. 5 March 2013Arbitration

    5 March 2013Arbitration

    Procedural Order No. 2 dated 5 March 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee issued a procedural order concerning the schedule for continuation of the provisional stay of enforcement of the Award.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 13 days later · 135 days

  6. 18 July 2013Arbitration

    18 July 2013Arbitration

    Decision continuing the stay of enforcement dated 18 July 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee continued the stay of enforcement of the Award until 30 September 2013, subject to Argentina providing the specified undertaking concerning payment if the Award was not annulled or was only partly annulled.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 8 days later · 70 days

  7. 26 September 2013Arbitration

    26 September 2013Arbitration

    Decision lifting the stay of enforcement dated 26 September 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee lifted the stay of enforcement of the Award with effect from midnight on 30 September 2013 after Argentina declined to give the requested undertaking.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 years, 1 month and 25 days later · 785 days

  8. 20 November 2015Arbitration

    20 November 2015Arbitration

    Decision on the proposal to disqualify Teresa Cheng dated 20 November 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The majority rejected Argentina's proposal to disqualify Professor Teresa Cheng.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 16 days later · 77 days

  9. 5 February 2016Arbitration

    5 February 2016Arbitration

    Decision on Annulment dated 5 February 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee unanimously dismissed Argentina's Application for Annulment of the 11 June 2012 Award in its entirety. Argentina was ordered to bear the costs of the annulment proceedings, including the fees and expenses of the Committee members and the costs of the Centre; each party was ordered to bear its own legal costs and expenses.

    Supporting details

    5 authorities · 8 participants
    Argentine Republic
    EDF International S.A.
    SAUR International S.A.
    Leon Participaciones Argentinas S.A.
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Teresa Cheng
    Tribunal secretary
    Anneliese Fleckenstein

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 (ICSID Convention, 1965)
      statute
    • Agreement between Argentina and France for the Promotion and Reciprocal Protection of Investments (Argentina-France BIT)
      statute
    • Agreement between Argentina and the Belgian-Luxembourg Economic Union for the Promotion and Reciprocal Protection of Investments (Argentina-Luxembourg BIT, signed 28 June 1990)
      statute
    • Agreement between Argentina and Germany for the Promotion and Reciprocal Protection of Investments (Argentina-Germany BIT)
      statute
    • Vienna Convention on the Law of Treaties, 1969
      statute

Matter record

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EDF International S.A., SAUR International S.A. and Leon Participaciones Argentinas S.A. v. Argentine Republic (ICSID Case No. ARB/03/23) · Matter