CMS Gas Transmission Co. v. Argentine Republic
Ad Hoc Committee of the International Centre for Settlement of Investment Disputes
I.C.S.I.D. Case No. ARB/01/08 (Sept. 25, 2007)
The International Centre for Settlement of Investment Disputes (ICSID) is a dispute-resolution body created by treaty. Under this treaty (Convention), domestic courts are not empowered to review ICSID tribunal decisions. The Convention does, however, afford parties an opportunity to challenge awards granted by these tribunals. Upon a challenge, an ad hoc committee evaluates whether annulment is proper based on one or more of five specific grounds as provided in Article 52 of the Convention, including: (1) the tribunal was improperly convened, (2) the tribunal manifestly exceeded its powers, (3) a member of the tribunal engaged in corruption, (4) a fundamental rule of procedure was materially violated, or (5) the tribunal did not provide the reasoning behind the granted award. During its evaluation, an ad hoc committee must only determine the soundness of the tribunal’s decision-making process, and must not concern itself with the appropriateness of the amount of the award. Argentina (defendant) petitioned for annulment of an award that an ICSID tribunal had mandated Argentina to pay to CMS Gas Transmission Company (plaintiff), where the tribunal made its decision based on the premise that the definition of necessity in Article XI of the U.S.-Argentine Bilateral Investment Treaty (BIT) was the same as the definition based on customary international law as codified by Article 25 of the Articles on State Responsibility of the International Law Commission (ILC).
Rule of Law
Holding and Reasoning
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.