Impregilo SpA v Argentina, Final award, ICSID Case No ARB/07/17, IIC 498 (2011), 17th May 2011, despatched 21st June 2011, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Whether the dispute settlement provisions of another bilateral investment treaty (‘BIT’) can be imported through the operation of the MFN clause of the governing treaty in order to waive a jurisdictional requirement.
Whether an investor could bring a claim as a shareholder of a domestic company under a BIT.
Whether termination of a concession contract could amount to a breach of the Treaty between Italy and Argentina on the Promotion and Protection of Investments 1990, and notably its fair and equitable treatment standard.
The scope of the ‘state of necessity’ defence and the conditions for invoking it.