• LCIA: London Court of International Arbitration When the relevant decision is not publicly available, information about breaches found may be obtained from other public sources that are deemed reliable. ARB/05/18) ... Enron v. Argentina, Metalclad v. Mexico and Myers v. Canada, the tribunal found no basis to differentiate between the damage caused between Mr Kardassopoulos and Mr Fuchs, as their investment was irretrievably and entirely lost (¶¶ 532-534). Argentina’s defense is otherwise known as a “necessity defense,” and such term will be used to describe Argentina’s defense claim throughout this paper. Similarly, procedural orders issued by arbitral tribunals are not included. If there are more than five claimants in the case, the names of all claimants can be replaced by the name of the first three claimants followed by the words “and others”. ISDS Navigator Arbitral decisions rendered Due to mismanagement and embezzlement in the 1970s and 80s, the company suffered significant annual losses, and many employees were fired. Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. In ad hoc arbitrations or those that are subject to non-institutional arbitral rules (e.g. Id. This difficulty was illustrated in Enron v Argentina, a case regarding the effect of state measures on the claimant’s shares in a gas distribution company. is added to the name of each subsequent case. For example, in a case where a final award has been rendered but it is later subject to a follow-on proceeding (e.g. • Cases in which a final award has been rendered but which are later subject to follow-on (post-award) proceedings (e.g. The Navigator is updated on a regular, typically biannual, basis. CMS v. Argentina CMS Gas Transmission Co. v. Republic of Argentina, ... 1.0 Case Summary 1.1 Factual background. The tribunal in that case noted that ‘[a] rather sad world comparative experience in the handling of economic crises shows that there are always many approaches to address and correct such critical events, and it is difficult to justify that none of … BRIEF SUMMARY Enron claimed that Argentina violated an … Main goals of UNCTAD’s Work Programme on IIAs UNCTAD assumes no responsibility for eventual errors or omissions in these data. [CDATA[// >. For the purposes of such conversion, the OANDA Historical Currency Converter is being used; the date of conversion is the date of the document or other source from which the information was obtained (e.g. UNCTAD's Work Programme on International Investment Agreements (IIAs) actively assists policymakers, government officials and other IIA stakeholders to reform IIAs with a view to making them more conducive to sustainable development and inclusive growth. The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list. The three pillars of activities • PCA: Permanent Court of Arbitration This refers to the economic sector to which the investment at issue allegedly belongs. • Discontinued: the arbitration was discontinued for any reason other than due to a (known) settlement. Decisions, judgments and/or awards rendered in the course of follow-on (post-award) proceedings, as well as any individual opinions appended to them, are recorded. Amounts claimed and awarded the acts of the Tucumán authorities and that Argentina “therefore violated the claimant’s rights under Articles 3 and 5 of the BIT” between France and Argentina.1. The composition of the ICSID ad hoc committees that adjudicate requests for annulment under the ICSID Convention is recorded. Secondary sources, such as specialized reporting services and other sources deemed reliable, are used to supplement primary sources and/or obtain case information otherwise unavailable. Enron scandal, series of events that resulted in the bankruptcy of the U.S. energy, commodities, and services company Enron Corporation and the dissolution of Arthur Andersen LLP, which had been one of the largest auditing and accounting companies in the world. Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic (also known as: Enron Creditors Recovery Corp. and Ponderosa Assets, L.P. v. 144 Rows Total: Page 3 of 3 | Go To : Date Recorded: Party: Role: Document Type: Document No. ARB/01/3 (also known as: Enron Creditors Recovery Corp. and Ponderosa Assets, L.P. v. Another major development inside Enron was the beginning of the company's pivot to overseas that was expanded upon in the 1990s. Composition of tribunal 7. On February 27, 2001, the Centre acknowledged receipt and transmitted a copy of the Request to the Argentine … • ICSID annulment proceedings; Related Content. To enable comparisons between cases, all amounts are also converted to US dollars. A link to the relevant case page at http://italaw.com is provided where such page is available, so that users could browse all documents relating to the case at hand. After ENPH filed under a power purchase agreement (PPA) for arbitration by the ICC, the ICC issued an award in ENPH's favor. Such arbitrations are also referred to as treaty-based investor-State dispute settlement (ISDS) cases. concerning provisional measures or decisions regarding requests for disqualification of arbitrators. • Provide comprehensive analysis on key issues arising from the complexity of the international investment regime, Introduction. UNCITRAL Arbitration Rules), the parties may request any arbitral institution to administer their case (e.g. The case remains pending, for instance, if a State is found to have breached one or more IIA obligations (liability) but no award on damages has been issued yet. This is the institution that provides administrative support for the arbitral proceedings. An objective evaluation of a country’s legal, regulatory and institutional framework to attract direct investments. I. at 13-14. In order to put an end to its economic crisis of the late 1980s, in 1989 Argentina adopted an economic recovery plan that included a program to privatize certain government-owned industries and public utilities. If the Navigator includes more than one case with the exact same name, then “(I)” is added to the case name of the earlier case, and a “(II)”, “(III)”, etc. One of the following elements remain to be decided: jurisdiction, liability ( merits ), the 's... 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