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Compañia de Aguas del Aconquija and Vivendi Universal v. Argentina

Type of decisionDecision on Jurisdiction
Date of decision14 November 2005
Tribunal
William Rowley (President)
Carlos Bernal Verea
Gabrielle Kaufmann-Kohler
Legal instrumentBIT between Argentina and France (1991)
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Res judicata as a principle of general international law
The fact that "derivative suits" are inadmissible under local law is not relevant for the treaty based protection of a foreign shareholder owning shares in a local company
Res judicata requires identical parties, the same subject matter and the same cause of action
The decisive date for determining the claimant's standing is the date on which the proceedings were instituted
Generally, the decisive date for determining foreign control is the date of the consent; however, subsequent developments may be relevant
The decisive date for determining the claimant's standing is the date on which the proceedings were instituted
Considerations on whether new facts permit prior jurisdictional findings to be reopened in a resubmitted case, even where the original jurisdictional findings were not annulled
Rule 55(3) ICSID Arbitration Rules adopts the doctrine of res judicata for awards having been annulled only in part
Considerations on whether new facts permit prior jurisdictional findings to be reopened in a resubmitted case, even where the original jurisdictional findings were not annulled

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