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CMS Gas Transmission Company v. The Argentine Republic, ICSID Case No. ARB/01/8 (US/Argentina BIT), Award (May 12, 2005)

Author(s): 
Francisco Orrego Vicuña
Francisco Rezek
Published: 
May, 2005
Jurisdictions: 
Argentina,
United States
Practice Areas: 
ICSID,
BITS,
Investment Disputes,
Evidence,
Applicable Law,
Costs and Damages,
Interest and Costs
Tags: 
Evidence,
Burden of Proof,
Applicable Law,
Choice of Law,
Customary International Law,
Relationship of International Law and Host State Law,
Treaty Provisions,
Attribution,
Ultra Vires Conduct,
Necessity,
Emergency,
Contract Claims,
Direct Claims,
Indirect Claims,
Treaty Claim,
Umbrella Clause,
Standards of Treatment,
Arbitrariness,
Arbitrary and Discriminatory Treatment,
Fair and Equitable Treatment,
Full Protection and Security,
Good Faith,
International Minimum Standard,
Legitimate Expectations,
Most Favored Nation Treatment,
Non-Discrimination,
Transparency,
Expropriation,
Creeping Expropriation,
Expropriation of Contract Rights,
Indirect Expropriation,
Investment-Backed Expectations,
Treaty Interpretation,
Authority of Previous Decisions,
Ejusdem Generis Rule,
Objects and Purpose,
Remedies and Costs,
Costs and Expenses,
Date of Valuation,
Depreciated Replacement Value Method,
Discounted Cash Flow (DCF),
Anticipated Future Profits,
Compound, Simple,
Valuation
Author Detail: 

Source: 
http://italaw.com/alphabetical_list.htm
CMS v Argentina - Award.pdf

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Description: 

On July 26, 2001, the International Centre for Settlement of Investment Disputes (ICSID or the Centre) received from CMS Gas Transmission Company (CMS), an entity incorporated in the United States of America, a Request for Arbitration against the Argentine Republic (Argentina). The request concerned the alleged suspension by Argentina of a tariff adjustment formula for gas transportation applicable to an enterprise in which CMS had an investment. In its request, the Claimant invoked the provisions of the 1991 “Treaty between the United States of America and the Argentine Republic Concerning the Reciprocal Encouragement and Protection of Investment.” (The Argentina — U.S. Bilateral Investment Treaty or BIT or the Treaty).

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