Enron v Argentina: ICSID tribunal rejects defence of necessity | Practical Law

Enron v Argentina: ICSID tribunal rejects defence of necessity | Practical Law

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.

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
Published on 04 Jun 2007International, USA (National/Federal)
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.