Arbitral Digest

Matter

Total S.A. v. Argentine Republic (ICSID Case No. ARB/04/1)

Case no.
ARB/04/1
Applicable rules
ICSID Institution Rules · ICSID Arbitration Rules
  1. 25 August 2006Arbitration

    25 August 2006Arbitration

    Decision on Objections to Jurisdiction dated 25 August 2006

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected Argentina's objections to jurisdiction and held that the dispute fell within ICSID jurisdiction and the Tribunal's competence, reserving the costs of the jurisdictional phase for the merits phase.

    Supporting details

    4 authorities · 6 participants
    Total S.A.
    The Argentine Republic
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Gabriela Alvarez Avila

    Authorities cited

    4
    • Treaty between France and Argentina concerning the Reciprocal Promotion and Protection of Investment (3 July 1991)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      convention
    • Gas Law (Law 24.076 of 12 June 1992)
      statute
    • Gas Decree (Decree 1738/92 of 18 September 1992)
      statute

    4 years, 4 months and 2 days later · 1585 days

  2. 27 December 2010Arbitration

    27 December 2010Arbitration

    Decision on Liability dated 27 December 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal partially granted Total's claims, found that Argentina breached Article 3 of the Argentina-France BIT by failing to provide fair and equitable treatment, rejected the other claims and Argentina's defences, held Argentina liable for the resulting damage, and reserved quantification and costs for a later phase.

    Supporting details

    7 authorities · 7 participants
    Total S.A.
    The Argentine Republic
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Natali Sequeira
    Tribunal secretary
    Eloise Obadia

    Authorities cited

    7
    • Treaty between France and Argentina concerning the Reciprocal Promotion and Protection of Investment (3 July 1991)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      convention
    • Vienna Convention on the Law of Treaties
      treaty
    • Articles on Responsibility of States for Internationally Wrongful Acts (International Law Commission, 2001 Articles)
      international law
    • Gas Law (Law 24.076 of 12 June 1992)
      statute
    • Emergency Law (Law 25.561/02 of 7 January 2002)
      statute
    • Gas Decree (Decree 1738/92 of 18 September 1992)
      statute

    2 years and 11 months later · 1066 days

  3. 27 November 2013Arbitration

    27 November 2013Arbitration

    Award dated 27 November 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered Argentina to pay Total compensation for damage caused by breaches of Article 3 of the Argentina-France BIT, including US$269,928,000 before interest. It ordered interest, allocated legal costs separately, and required the parties to share the Tribunal and ICSID costs equally; all other claims, defences and exceptions were rejected.

    Supporting details

    5 authorities · 6 participants
    Total S.A.
    The Argentine Republic
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Natali Sequeira

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      convention
    • Articles on Responsibility of States for Internationally Wrongful Acts (International Law Commission, 2001 Articles)
      international law
    • Gas Law (Law 24.076 of 12 June 1992)
      statute
    • Emergency Law (Law 25.561/02 of 7 January 2002)
      statute
    • Gas Decree (Decree 1738/92 of 18 September 1992)
      statute

    1 year, 8 months and 30 days later · 637 days

  4. 26 August 2015Arbitration

    26 August 2015Arbitration

    Decision on the Argentine Republic's Proposal to Disqualify Ms. Teresa Cheng dated 26 August 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The majority of the ad hoc Committee rejected the Argentine Republic's proposal to disqualify Teresa Cheng, lifted the stay of the annulment proceedings, and reserved costs for a later stage.

    Supporting details

    2 authorities · 6 participants
    Total S.A.
    Argentine Republic
    Eduardo Zuleta Jaramillo
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Teresa Cheng
    Tribunal secretary
    Giuliana Cane

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      convention
    • IBA Rules on the Taking of Evidence in International Arbitration (2020) (IBA Rules (2020))
      procedural rules

    5 months and 6 days later · 159 days

  5. 1 February 2016Arbitration

    1 February 2016Arbitration

    Decision on Annulment dated 1 February 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee unanimously dismissed Argentina's application for annulment of the Award. Each party was ordered to bear its own legal costs and expenses, and Argentina was ordered to bear the costs of the annulment proceeding, including the Committee members' fees and expenses and the costs of using ICSID facilities.

    Supporting details

    5 authorities · 6 participants
    Total S.A.
    Argentine Republic
    Eduardo Zuleta Jaramillo
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Teresa Cheng
    Tribunal secretary
    Giuliana Cane

    Authorities cited

    5
    • Treaty between France and Argentina concerning the Reciprocal Promotion and Protection of Investment (3 July 1991)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      convention
    • Vienna Convention on the Law of Treaties
      treaty
    • Articles on Responsibility of States for Internationally Wrongful Acts (International Law Commission, 2001 Articles)
      international law
    • Emergency Law (Law 25.561/02 of 7 January 2002)
      statute

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Total S.A. v. Argentine Republic (ICSID Case No. ARB/04/1) · Matter