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Enron v Argentina: ICSID tribunal rejects defence of necessity
Practical Law UK Legal Update Case Report 2-366-1973 (Approx. 4 pages)
Enron v Argentina: ICSID tribunal rejects defence of necessity
by PLC Dispute Resolution
An ICSID tribunal has decided that Argentina breached the US-Argentina bilateral investment treaty as a result of various emergency regulatory measures put in place during the economic crisis in Argentina.
The principal points of interest of the award lie in its treatment of the defence of necessity (which the tribunal rejected) and also in its findings with regard to fair and equitable treatment and the umbrella clause contained in the treaty.
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Resource ID 2-366-1973© 2024 Thomson Reuters. All rights reserved.
Published on 04-Jun-2007
Resource Type Legal update: case report
Jurisdictions
Related Content- International
- United States