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 […]
MALICORP LIMITED V. THE ARAB REPUBLIC OF EGYPT (ICSID CASE NO. ARB/08/18) – AWARD
The dispute between Malicorp Ltd, an English Company, and the Republic of Egypt, arose out of the allegedly illegal termination of a concession contract amounting to a violation of the Bilateral Investment Treaty between the United Kingdom of Great Britain and Northern Ireland and Egypt of 1975 (the “BIT”). In 2000, Malicorp was awarded a […]
Challenges to Contracts Containing an Arbitration Clause: Rent-A-Center v. Jackson U.S. Supreme Court (2010)
Rent-A-Center found that, under the FAA, a Court may only address challenges directed specifically against the arbitration provision, not against the contract as a whole. Generic challenges are to be resolved by the arbitrators. Respondent Jackson filed an employment-discrimination suit against petitioner Rent-A-Center, his former employer, in a Nevada Federal District Court. Rent-A-Center filed a […]
GRAND RIVER ENTERPRISES FIVE NATIONS LTD. ET AL. V. UNITED STATES OF AMERICA Award of 12 January 2011
In this NAFTA case, Claimants included Grand River Enterprises Six Nations, Ltd., a Canadian corporation involved in the manufacture and sale of tobacco products, Messrs. Jerry Montour and Kenneth Hill (Canadian nationals) and Mr. Arthur Montour, Jr., of Seneca Nations Territory, Perrysburg, New York. The Claimants filed arbitration claims against several States of the USA […]
ATA CONSTRUCTION, INDUSTRIAL AND TRADING COMPANY V. THE HASHEMITE KINGDOM OF JORDAN (ICSID CASE ARB/08/2) AWARD 18 May 2010
In this ICSID case Claimant, a Turkish company, started an arbitration in relation to a dispute with the Arab Potash Company (“APC”), a Jordan government-owned company, arising out of the collapse of a dike Claimant had built. On 30 September 2003, a FIDIC Tribunal issued an award entirely in favor of Claimant. Following this ruling, […]