Human rights law is relevant in the realm of investment arbitration. This does not come as a surprise: both investors and host States may turn to public international law provisions, including human rights treaties, to reinforce their respective positions or to put forward autonomous claims. While little attention was initially given to human rights law […]
Arbitration Reform in Latin America: Argentina and Uruguay New International Arbitration Laws
Latin American countries are finally opening up to international arbitration and modernising their legal frameworks. After Venezuela, Paraguay, Chile and Peru, Argentina and Uruguay have also passed new international arbitration laws, based on the 2006 UNCITRAL Model law. In November 2017, the upper house of the Argentinian Parliament passed a bill adopting a new law […]
Argentina Arbitration Legal Reform
Argentina’s economy seems to be heading into the right direction after the devastating economic crisis experienced 15 years ago, which led to dozens of cases against Argentina at International Center for Settlement of Investment Disputes (ICSID). In addition to a very comprehensive political and economic reform, the Argentinian government is also undertaking a legal reform […]
SAUR INTERNATIONAL SA V. REPUBLIC OF ARGENTINA (ICSID CASE NO. ARB/04/4)
The Claimant in this case was a subsidiary of Société d’Aménagement Urbain et Rural, S.A., specializing in water production, water treatment, water distribution and sanitization. The Claimant had participated and won a bid by the Province of Mendoza to privatize the Argentinian company Obras Sanitarias Mendoza (“OSM”). OSM and the Province then signed a concession […]
IMPREGILO S.P.A. V. ARGENTINE REPUBLIC (ICSID CASE NO. ARB/07/17) – AWARD of 21 June 2011
In 1996, Claimant was awarded a contract for a concession to privatize the water and sewer services of the Province of Buenos Aires. To execute the contract, Claimant incorporated AGBA (an Argentinean company). Under the contract, AGBA acquired the exclusive right to collect, treat, transport, distribute and commercialize water and sewage and, in return, was […]