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ICS Inspection and Control Services Limited (United Kingdom) v. The Argentine Republic, UNCITRAL Decision, February 10, 2012 by Moin Ghani

posted Apr 10, 2013, 8:44 AM by IACL   [ updated Apr 10, 2013, 2:58 PM ]

In a decision on jurisdictional objections rendered on February 10, 2012, under the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Argentina for the Promotion and Protection of Investments, 1990 (“the Treaty), an UNCITRAL tribunal declined jurisdiction due to the failure of ICS Inspection and Control Services Limited (“ICS” or “Claimant”) to comply with the mandatory 18-month litigation prerequisite in the Treaty and ruled that the most-favored nation (“MFN”) clause in the Treaty did not apply in a manner to permit Claimant to avail itself of dispute resolution provisions of another BIT.