Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID.

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Case report (free download)

In the decision rendered on February 1, 2016, the ad hoc Committee decided to dismiss Argentina’s Application for Annulment of the Award and of the Decisions on Jurisdiction and Liability, which form integral part of the Award, rendered on November 27, 2013. Argentina based its request in three grounds: (i) the Tribunal manifestly exceeded its powers; (ii) there were serious departures from fundamental rules of procedure; and (iii) the Award failed to state the reasons on which the decision was based. The mentioned grounds were applied to five particular issues. The ad hoc Committee constituted under the ICSID Convention, after analyzing Argentina’s requests, entirely dismissed the application for annulment. The ad hoc Committee ordered each party to bear its own legal costs, and ordered Argentina to bear the costs of the annulment proceeding.

Case Report by Damián Vallejo Segura, editor Prof. Jorge M. Guira

Free download

Total S.A. v Argentine Republic (ICSID Case No. Arb/04/01) - Decision on Annulment (English)

Case report provided by International Arbitration Case Law (IACL)