CAA and VIVENDI v. Argentine Republic (ICSID Case No. ARB/97/3) - Award
Article from: TDM 5 (2007), in Case Comments & Awards
With the regulatory state, the conduct of the more or less, de jure or de facto (or not at all) independent regulatory agencies is, naturally and logically, coming increasingly under scrutiny by investment treaty disciplines. The Vivendi award inscribes itself into this framework. Here are some highlights of the award: The Tribunal's characterizations of the actions of the Tucuman authorities: "irresponsible, unreasonable, disproportionate" "the Regulator was improperly being used as an instrument for political ...