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CMS Gas Transmission Company v. The Argentine Republic, ICSID Case No. ARB/01/8 (US/Argentina BIT), Decision on Jurisdiction (July 17, 2003)

Author(s): 
Francisco Orrego Vicuña
Francisco Rezek
Published: 
July, 2003
Jurisdictions: 
Argentina
Practice Areas: 
ICSID,
BITS,
Investment Disputes,
Consolidation of Proceedings,
Waivers,
Precedent,
Applicable Law,
Nationality
Tags: 
Preliminary Proceedings,
Waiting Period,
Negotiations,
Parallel Proceedings,
Consolidation of Claims,
Fork in the Road Clause,
Waiver,
Conduct of Proceedings,
Precedent,
Admissibility,
Exhaustion of Local Remedies,
Existence of a Legal Interest by the Claimant,
Customary International Law,
Host State Law,
International Law Sources,
Relationship of International Law and Host State Law,
Treaty Provisions,
Attribution,
Actions of Political Subdivision and Attribution,
Claims,
Contract Claims,
Indirect Claims,
Investment,
Investment Defined in Contract,
Investment Defined in Treaties,
Investment Defined in Tribunal Practice,
Shareholding,
Investor,
Piercing the Corporate Veil,
Denial of Benefits Clause,
Nationality of Investor,
Shareholders,
Ownership,
Burden of Proof,
Consent to Jurisdiction Treaties,
Standard of Review,
Subject Matter of the Dispute,
Treaty Interpretation,
Travaux Préparatoires,
Vienna Convention on the Law of Treaties
Source: 
http://italaw.com/alphabetical_list.htm
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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 Republic of Argentina (Argentina). The request concerns the alleged suspension by Argentina of a tariff adjustment formula for gas transportation applicable to an enterprise in which CMS has an investment. In its request, the Claimant invokes 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).