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Procedural Issue Substantive Issue

Year the case was initiated1997
Year the award was rendered2007
Country involvedArgentina
Home country of the investorFrance
Parties to the disputeCompañía de Aguas del Aconquija S.A. and Vivendi Universal v. Argentine Republic (ICSID Case No. ARB/97/3)
Sector3
Type of investmentwater and sweage concession
Nature of dispute / claimclaims arising out of a series of decrees, resolutions, laws, and legal opinions of the Argentine Republic and its constituent Province of Tucuman which were allegedly designed to undermine the operation of a thirty-year concession contract
Legal instrumentArgentina-France BIT
Rules / VenuesICSID
Amount sought by investorUS$ 316 million plus interest
Amount awarded / status of disputeclaim was first dismissed (2000); award was then annuled (2002); claim was resubmitted and is now pending before a new tribunal; new tribunal has jurisdiction (2005);
Award issued on 25 July 2007; US$105 million plus interests (6% per year from 1997 over US$51million and from 2002 over US$54 millions); US$ 701,961.08 for proceeding cost plus interest (6%)
ArbitratorsFirst Tribunal: Francisco Rezek (Chair); Thomas Buergenthal; Peter D. Trooboff;
Annulment Committee: L. Yves Fortier (Chair); James R. Crawford; José Carlos Fernández Rozas; Second Tribunal: J. William Rowley (Chair); Gabrielle Kaufmann-Kohler; Carlos Bernal Verea
Decisions renderedAward issued on 21 November 2000;
Decision on the Challenge to the President of the Committee issued on 3 October 2001;
Annulment Decision issued on 3 July 2002;
Decision on Jurisdiction issued on 14 November 2005;
Award II issued on 25 July 2007
Statusawarded in favor of the investor
Linkshttp://www.worldbank.org/icsid/cases/ada_AwardoftheTribunal.pdf
http://www.worldbank.org/icsid/cases/9deci-e.pdf
http://www.worldbank.org/icsid/cases/vivendi_annul.pdf
http://ita.law.uvic.ca/documents/AgueasVivendijurisdictiondecision.pdf
http://www.investmentclaims.com/decisions/Vivendi_II_Award.pdf
Commentary (if any)
Special features