Teinver SA and ors v Argentina, Award, ICSID Case no ARB/09/1, IIC 966 (2017), despatched 21st July 2017
Whether a state its obligation under the Agreement between the Argentine Republic and the Kingdom of Spain on the Reciprocal Promotion and Protection of Investments (‘Spain-Argentina BIT’) to provide fair and equitable treatment to The Claimants’ investment.
Whether the Most Favoured Nation Clause of the Spain-Argentina BIT allowed for the incorporation of the umbrella clause and the full protection and security standard to the Claimants’ rights under the Treaty.
Whether a state breached its obligation under the Spain-Argentina BIT to provide full protection and security to the Claimants’ investment.
Whether a state applied unjustified and discriminatory measures against the Claimants’ investment.
Whether a state performed an unlawful creeping and/or direct expropriation of the Claimants’ investment.