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
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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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