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Daimler Financial Services AG v. Argentine Republic, ICSID Award, August 22, 2012, by Cynthia Galvez

posted Sep 5, 2012, 7:37 AM by Ignacio Torterola

In a decision rendered on August 22, 2012, under the Treaty Between the Federal Republic of Germany and the Republic of Argentina for the Promotion and Reciprocal Protection of Investments, in accordance with the ICSID Convention and Arbitration Rules, the Tribunal determined that Claimant did not yet have standing to assert its claims under the bilateral investment treaty because Claimants had not yet satisfied Article 10 of the Treaty.  Professor Janiero and Judge Brower (dissenting) issued separate opinions with respect to the Tribunal’s interpretation of the effect of the Most Favored Nation clause.

Ignacio Torterola,
Sep 5, 2012, 7:37 AM