Reproduced from www.worldbank.org/icsid with permission of ICSID.
Case report (free download)
EDF International SA, SAUR International S.A. and Leon Participaciones Argentinas S.A. v. Argentine Republic (ICSID Case No. ARB/23/03) - Annulment Proceeding
Ilektra Athanasiou-Ioannou, editor Julia A. Garza
In a Decision on Annulment issued on 5 February 2016, an International Centre for Settlement of Investment Disputes ("ICSID") Ad Hoc Committee ("Committee") unanimously rejected the Argentine Republic's ("Argentina") application for annulment of the Award rendered on 11 June 2012 under the Agreement for the Promotion and Reciprocal Protection of Investments between the Government of the French Republic and the Argentine Republic ("Argentina-France BIT") by an ICSID Tribunal. The Committee found that none of the grounds for annulment of Article 52 of the ICSID Convention invoked by Argentina had been met, namely that (1) the Tribunal was not properly constituted, (2) the Tribunal manifestly exceeded its powers, (3) there was a serious departure from a fundamental rule of procedure, and (4) the award failed to state the reasons upon which it was based.
Annulment proceeding under the ICSID Convention; improper constitution of the tribunal; manifest excess of powers; serious departure from a fundamental rule of procedure; failure to state reasons; challenges to arbitrators for lack of impartiality and independence; relationship with grounds for annulment; narrow scope of grounds for annulment, role of an Ad Hoc Committee.
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