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Compañía de Aguas del Aconquija, S.A. and Compagnie Générale des Eaux v. Argentina

Type of decisionAward
Date of decision21 November 2000
Francisco Rezek (President)
Peter D. Trooboff
Thomas Buergenthal
Legal instrumentBIT between Argentina and France (1991)
Related decision(s)
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Statements from this decision

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When a concession contract establishes an exclusive jurisdiction of national courts for its interpretation and application, and it is impossible to separate potential breaches of contract claims from treaty violations without interpreting and applying the contract, the investor has to pursue local remedies and cannot claim a treaty violation beside denial of justice
An clause establishing the exclusive jurisdiction of a local court for the interpretation and application of a concession contract is not a waiver of the right to file a claim based on a treaty provision
Article 25 (3) ICSID Convention does not restrict the tribunal’s jurisdiction in a dispute between a party to an IIT and an investor; the article allows agencies and subdivisions to be a party in their own right to an ICSID proceeding


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