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Factual Background In “Milantic Trans SA (“Plaintiff”) v. Ministry of Production (Río Santiago Shipyard et al.) (“Respondent”) the Plaintiff requested the recognition and enforcement of two awards rendered by an arbitral tribunal seated in London, England (“Arbitral Tribunal”). The award on the merits was issued on November 15, 2004. The award on court costs and attorneys’ fees was issued on July 1, 2005. Decision of the Court of First Instance On November 17, 2006, the…

Overview Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment), a qualifying investor would have claims for unlawful expropriation and breach of the FET standard under any applicable investment treaties. A map of those treaties to which Argentina is a party can be seen HERE. The main advantage of being able to pursue such an investment treaty claim would be to avoid having to sue the Argentinian…

On July 26, 2018 Law No. 27,449 on International Commercial Arbitration (“LACI” for its Spanish acronym), was published in the Official Gazette. Said law had been passed by Congress on July 4, 2018 and signed into law by the Executive on July 25, 2018. The LACI, which is based on the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law (“UNCITRAL Law”), introduced some changes regarding the Arbitration Contract…

A PDF version of this article is availabe here. A.      Introduction 1.            On August 18, 2015, the chamber A of the Buenos Aires Commercial Court of Appeals (the “Court of Appeals”) decided on the case involving CCI – Compañía de Concesiones de Infraestructura S.A. (“CCI”) and the Republic of Peru (the “CCI Case”)[1] in a groundbreaking decision that represents the first judicial precedent regarding the enforcement of ICSID awards in Argentina. 2.            Despite being the State that has…