Arbitral Digest

Matter

Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9)

Case no.
ARB/03/9
Applicable rules
ICSID Arbitration Rules
  1. 5 September 2008Arbitration

    5 September 2008Arbitration

    Award dated 5 September 2008

    International Centre for Settlement of Investment Disputes

    Decision summary
    The tribunal awarded Continental Casualty Company damages of USD 2.8 million with interest for the breach relating to the restructuring of the LETEs, subject to the conditions stated in the Award.

    Supporting details

    2 participants
    Continental Casualty Company
    Argentine Republic
    International Centre for Settlement of Investment Disputes

    1 year, 1 month and 18 days later · 413 days

  2. 23 October 2009Arbitration

    23 October 2009Arbitration

    Decision on Argentina's Application for a Stay of Enforcement of the Award dated 23 October 2009

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee continued the stay of enforcement of the Award for the duration of the annulment proceedings without requiring Argentina to provide security.

    Supporting details

    3 authorities · 9 participants
    Continental Casualty Company
    Representative
    Barry Appleton (For: Continental Casualty Company)
    Argentine Republic
    Representative
    Osvaldo Cesar Guglielmino (For: Argentine Republic)
    Christopher Staker
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Bola Ajibola
    Tribunal secretary
    Tomas Solis

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (575 U.N.T.S. 159)
      treaty
    • Treaty between the United States of America and the Argentine Republic Concerning the Reciprocal Encouragement and Protection of Investment (Signed November 14, 1991; entered into force October 20, 1994)
      treaty
    • Constitution of Argentina
      statute
  3. 23 October 2009Arbitration

    23 October 2009Arbitration

    Decision on the Claimant's Preliminary Objection to Argentina's Application for Annulment dated 23 October 2009

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee rejected Continental Casualty Company's preliminary objection that Argentina's application for annulment was filed out of time. It reserved the parties' costs relating to the preliminary objection until the end of the annulment proceedings.

    Supporting details

    2 authorities · 11 participants
    Continental Casualty Company
    Representative
    Barry Appleton (For: Continental Casualty Company)
    Representative
    Appleton & Associates International Lawyers (For: Continental Casualty Company)
    Argentine Republic
    Representative
    Osvaldo Cesar Guglielmino (For: Argentine Republic)
    Representative
    Procuracion del Tesoro de la Nacion (For: Argentine Republic)
    Christopher Staker
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Bola Ajibola
    Tribunal secretary
    Tomas Solis

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (575 U.N.T.S. 159)
      treaty
    • Vienna Convention on the Law of Treaties (1155 U.N.T.S. 331)
      treaty

    1 year, 10 months and 24 days later · 693 days

  4. 16 September 2011Arbitration

    16 September 2011Arbitration

    Decision on the Applications for Partial Annulment of Continental Casualty Company and the Argentine Republic dated 16 September 2011

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee dismissed in their entirety both Continental Casualty Company's application for annulment and the Argentine Republic's application for partial annulment. Each party was ordered to bear one half of the Centre's costs and its own litigation costs and expenses, and the stay of enforcement of the Award was terminated.

    Supporting details

    3 authorities · 10 participants
    Continental Casualty Company
    Representative
    Barry Appleton (For: Continental Casualty Company)
    Argentine Republic
    Representative
    Angelina Maria Esther Abbona (For: Argentine Republic)
    Representative
    Gabriel Bottini (For: Argentine Republic)
    Representative
    Ignacio Torterola (For: Argentine Republic)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Bola Ajibola
    Tribunal secretary
    Anneliese Fleckenstein

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (575 U.N.T.S. 159)
      treaty
    • Treaty between the United States of America and the Argentine Republic Concerning the Reciprocal Encouragement and Protection of Investment (Signed November 14, 1991; entered into force October 20, 1994)
      treaty
    • International Law Commission Articles on Responsibility of States for Internationally Wrongful Acts (2001 Yearbook of the International Law Commission, Volume II, Part Two; General Assembly resolution 56/83)
      international instrument

Matter record

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Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9) · Matter