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LG&E v. Argentina

Type of decisionDecision of the Arbitral Tribunal on Objections to Jurisdiction
Date of decision30 April 2004
Tribunal
Tatiana B. de Maekelt (President)
Albert Jan van den Berg
Francisco Rezek
Legal instrumentBIT between Argentina and USA (1991)
Related decision(s)Decision on liability, 3 October 2006
Further information

Statements from this decision

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International Investment Treaties (IITs)
Protection of Investors under IITs
Preservation of Rights Clauses
Preservation of rights clauses constitute a right addressed to the investor, not the host state
Investment Treaty Arbitration
Admissibility
Prima Facie Case
For admissibility and jurisdiction, it is sufficient that the claimant demonstrates prima facie that he or she has been adversely affected by measures of the respondent
Correct Claimant
A state cannot rely on the Barcelona Traction case to question the jus standi of a shareholder in an investor-state arbitration
ICSID Convention
Jurisdiction of the Centre (Articles 25-27)
Article 25
Jurisdiction Ratione Materiae
Legal Dispute
Acts of the respondent sequential to those alleged in the original request for arbitration can be joined to the ongoing proceedings for reasons of efficiency
Arising Directly out of an Investment
Although a tribunal does not have jurisdiction over measures of general state policy, it has jurisdiction to examine specific measures of that policy if they have a direct bearing on the investment
Jurisdiction Ratione Personae
Juridical Persons
Nationality Based on Control, Article 25 II b 2. Alt. ICSID Convention
Article 25(2)(b) ICSID Convention is not applicable to cases where the claimant is a shareholder of a local company
Further Problems
A state cannot rely on the Barcelona Traction case to question the jus standi of a shareholder in an investor-state arbitration
Arbitration (Articles 36-55)
Article 46
Acts of the respondent sequential to those alleged in the original request for arbitration can be joined to the ongoing proceedings for reasons of efficiency

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