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Enron Corporation and Ponderosa Assets LP v Argentina, Award, ICSID Case No ARB/01/3, IIC 292 (2007), 15th May 2007, despatched 22nd May 2007, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]

Reporter(s)

Markus Burgstaller

Enron Corporation and Ponderosa Assets LP v Argentina, Award, ICSID Case No ARB/01/3, IIC 292 (2007), 15th May 2007, despatched 22nd May 2007, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 October 2019

To what extent under the Argentine Gas Law, the Gas Decree and the Basic Rules of the License key tariff-related guarantees were offered to investors.

Whether the alleged breach of the License amounted to liability of Argentina under the Argentine domestic legal order and to a breach of the US/Argentina BIT guarantees, specifically to an expropriation, a violation of the obligation to accord fair and equitable treatment as well as full protection and security, a violation of the umbrella clause and the obligation not to impose arbitrary or discriminatory measures.

Whether, in case there was a breach of the US/Argentina BIT, Argentina was exempted from liability in light of national emergency or state of necessity under domestic law, general international law and the BIT, all of it based on the severity of the crisis that affected the country as from 2000.

What concrete amount Enron could claim for any breach of obligations by Argentina.

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