Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

The Vivendi Case

Compañía de Aguas del Aconquija S.A. and Vivendi Universal (formerly Compagnie Générale des Eaux) v. Argentine Republic
International Centre for Settlement of Investment Disputes (ICSID) (2000)


Facts

France and the Argentine Republic (defendant) entered a bilateral investment treaty (BIT) that protected investments in each other’s territories. Investors could submit investment-related disputes to courts of the nation involved, or to arbitration by the International Centre for Settlement of Investment Disputes (ICSID) or an ad hoc tribunal under UN arbitration rules. French company Vivendi Universal (formerly Compagnie Générale des Eaux) and its Argentine affiliate Compañía de Aguas del Aconquija S.A. (collectively, CGE) (plaintiffs) entered a concession contract to provide water and sewer services to the Argentine province Tucumán. The contract contained a forum-selection clause requiring submission of disputes to the exclusive jurisdiction of Tucumán courts. CGE claimed Tucumán authorities incited customers not to pay bills, imposed improper fines and taxes, and took other concerted action to frustrate the contract. Relying on the BIT forum-selection provision, CGE brought claims before the ICSID, including direct claims that Argentina failed to protect French investors under the BIT (federal claims) and indirect claims attributing the Tucumán authorities’ conduct to Argentina (Tucuman claims). The ICSID tribunal found it had jurisdiction but that resolving some claims required interpreting and applying the concession contract—which required litigation in Tucumán. Therefore, the tribunal dismissed those claims as requiring exhaustion in Tucumán courts. As for other claims, the tribunal found Argentina did not violate the BIT itself or through Tucumán authorities and likewise dismissed. Both sides requested partial annulment.

Rule of Law

Issue

Holding and Reasoning (Ad Hoc Committee)

What to do next…

  1. 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 496,000 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.

  2. 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 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 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.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial