• SCC: Stockholm Chamber of Commerce (Arbitration Institute) , See case mapped in Subject Navigator on Investor-State LawGuide, See discussion and analysis of the case on IAReporter, Order in response to a Petition for Participation as Amicus Curiae (English), Order in response to a Petition for Participation as Amicus Curiae (Spanish), Procedural Order No. In the proceedings between. The summary of the dispute describes in very general terms the conduct allegedly in breach of IIA obligations as argued by the claimant (non-exhaustive). Amounts claimed and awarded This refers to the economic sector to which the investment at issue allegedly belongs. For the SUEZ Group alone, the … A link to the relevant case page at http://italaw.com is provided where such page is available, so that users could browse all documents relating to the case at hand. In brief: ICSID ad hoc Committee rejects annulment request (Suez, Sociedad General de Aguas de Barcelona and Vivendi v Argentina) Send to Email address * Open Help options for Email Address. Main goals of UNCTAD’s Work Programme on IIAs • Pending: the arbitration proceedings are pending. v. Argentina was an ICSID Convention proceeding. Information about breaches alleged is primarily derived from the claimant’s request of arbitration, claimant’s memorials and/or arbitral decisions. 1 Concerning the Discontinuance of Proceedings with Respect to Aguas Argentinas SA (Spanish), Order in Response to a Petition by Five Non-Governmental Organizations for Permission to make an amicus curiae Submission, Decision on the Proposal for the Disqualification of a Member of the Arbitral Tribunal, Separate Opinion of Arbitrator Pedro Nikken, Judgment of the United States Court of Appeals for the District of Columbia. Tertiary: E - Water supply; sewerage, waste management and remediation activities, 36 - Water collection, treatment and supply, ICSID (International Centre for Settlement of Investment Disputes), Rectification of the Award dated 20 May 2016, Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims, Suez, Sociedad General de Aguas de Barcelona, S.A. and Interagua Servicios Integrales de Agua, S.A. v. Argentine Republic, Arbitral rules and administering institution, Decided in favour of neither party (liability found but no damages awarded), ISDS data set in excel format (as of 31 July 2019), https://investmentpolicy.unctad.org/investment-dispute-settlement, Investment Dispute Settlement Navigator >, Separate Opinion of Arbitrator Pedro Nikken (Decision on Liability), Decision on Jurisdiction dated 16 May 2006, Decision on Annulment dated 14 December 2018, https://icsid.worldbank.org/en/Pages/cases/casedetail.aspx?CaseNo=ARB/03/17, https://globalarbitrationreview.com/article/1178298/award-against-argentina-upheld-despite-committee%E2%80%99s-qualms, https://www.iareporter.com/articles/icsid-committee-declines-to-annul-suez-v-argentina-case-03-17-award-but-frowns-on-icsids-arbitrator-challenge-process-and-copy-paste-approach-used-by-arbitrators-across-several-awards/. where the arbitral tribunal determines procedural rules, are marked “None (ad hoc)”. Suez, Sociedad General de Aguas de Barcelona, S.A.and Vivendi Universal, S.A. v. Argentine Republic, ICSID Case No. The three pillars of activities For the purposes of such conversion, the OANDA Historical Currency Converter is being used; the date of conversion is the date of the document or other source from which the information was obtained (e.g. The Navigator is updated on a regular, typically biannual, basis. Otherwise, it is derived from other publicly available sources that are deemed reliable. "Suez and ors v Argentina, Decision on Liability, ICSID Case No ARB/03/17, IIC 442 (2010), 30th July 2010, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]" published on by Oxford University Press. claimant or respondent) that appointed a particular arbitrator is also recorded insofar as information is available. • The Navigator only records treaty-based disputes or treaty-based aspects of "mixed" disputes. Procedure 1. • ICC: International Chamber of Commerce (International Court of Arbitration) Secondary sources, such as specialized reporting services and other sources deemed reliable, are used to supplement primary sources and/or obtain case information otherwise unavailable. The tribunal in the arbitration Suez and Others v The Argentine Republic (ICSID Case No ARB/03/19) has exercised its discretion to permit five non-governmental organisations, who are not parties to the arbitration, to submit amicus curiae briefs. Shareholding in local company that had a concession for water distribution and waste water treatment services in the Argentine Province of Santa Fe. … ARB/03/17) Decision on Jurisdiction I. Not included are any other (supplementary) arbitral decisions, e.g. Such arbitrations are also referred to as treaty-based investor-State dispute settlement (ISDS) cases. Content. is added to the name of each subsequent case. A case remains pending if any of the following elements remain to be decided: jurisdiction, liability (merits), compensation. On April 17, 2003, the International Centre for Settlement of Investment Disputes Suez et al. Suez And The Two-Step Process for Amicus Participation (a) Background to the Amicus Petition 35. On 30 July 2010, the ICSID tribunal in Suez, Sociedad General de Aguas de Barcelona S.A., and Vivendi Universal v. • Decided in favour of neither party (liability found but no damages awarded): the arbitral tribunal found that the respondent State committed one or more breaches of the applicable IIA but did not award monetary compensation or non-pecuniary relief to the claimant investor. As a general rule, a rounded figure (to the nearest hundred thousand) of the amount claimed or awarded is provided. The ISDS Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. ICSID annulment proceedings or domestic judicial review), are marked according to the outcome of the original arbitral proceeding (i.e. When the proceedings are subject to arbitral rules of a certain arbitral institution (e.g. When the relevant case documentation is not publicly available, information about breaches alleged may be obtained from other public sources that are deemed reliable. • ICSID: International Centre for Settlement of Investment Disputes As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive. To access a full list of documentation available with respect to a case, users are invited to use (i) the link to the case page on http://italaw.com, and/or (ii) links to the websites of governments and/or arbitral institutions provided in the “Additional information” section. For proceedings that end in a settlement, the amount of compensation that the State agreed to pay to the claimant under the terms of settlement (if known) is recorded in this section. • Reform the international investment agreements (IIAs) regime to enhance its sustainable development dimension, The composition of the ICSID ad hoc committees that adjudicate requests for annulment under the ICSID Convention is recorded. ICISD Decision, Suez v Argentina, ICSID ARB/03/17 & 19. Applicable IIA 2 pages) Administering institution If there are more than five claimants in the case, the names of all claimants can be replaced by the name of the first three claimants followed by the words “and others”. Discontinuance orders and settlement agreements are also recorded if such information is available. Argentina liable for denying fair and equitable treatment to Suez-led consortia of foreign investors in Buenos Aires and Santa Fe water concessions Aug 5, 2010 Suez Analysis Part 1: Majority sets out view of fair and equitable treatment and Argentina’s ability to meet human rights law obligations in water disputes Aug 5, 2010 the date in which the request for arbitration containing this amount was submitted or the date of the final award). PCA). Primary sources (i.e. 1 Concerning the Discontinuance of Proceedings with Respect to Aguas Argentinas SA (English), Procedural Order No. [CDATA[// >