Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del sur S.A. v. The Argentine Republic

15 Journal of World Investment and Trade (2014), pp. 295-304

Grotius Working Paper 2014/028-IEL

Leiden Law School Research Paper

8 Pages Posted: 12 Jun 2014

See all articles by Eric De Brabandere

Eric De Brabandere

Leiden University - Grotius Centre for International Legal Studies

Date Written: June 10, 2014

Abstract

The Tribunal in Teinver v. Argentina, a case in many respects similar to other cases brought against Argentina over the past decades, issued its decision on jurisdiction rejecting all objections to jurisdiction raised by Argentina. The latter had argued that several prearbitration requirements had not been met, and that Claimants could not rely on the dispute settlement clause contained in the Australia-Argentina BIT to defeat procedural requirements contained in the dispute settlement clause of the Argentina-Spain BIT which was applicable to the case at hand through the most-favored-nation clause (MFN) in the latter BIT. The case thus constitutes another decision in the -now classic but still controversial- question whether MFN clauses can apply to dispute settlement provisions. Yet, the Tribunal also addressed other important questions such as the standing of Claimants, the need to comply with domestic law as a requirement for the legality of the investment, and the influence of the funding of Claimant’s claim by a third-party. The Arbitrator appointed by Argentina, Dr. Kamal Hossain, issued a separate opinion in which he essentially agrees with the findings of the majority, but considers that 'some critical issues involved can be properly determined only after consideration of evidence'.

Keywords: investment law, arbitration, MFN clause, third party funding

Suggested Citation

De Brabandere, Eric, Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del sur S.A. v. The Argentine Republic (June 10, 2014). 15 Journal of World Investment and Trade (2014), pp. 295-304; Grotius Working Paper 2014/028-IEL; Leiden Law School Research Paper. Available at SSRN: https://ssrn.com/abstract=2448362

Eric De Brabandere (Contact Author)

Leiden University - Grotius Centre for International Legal Studies ( email )

Leiden University Law Faculty
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+31 71 527 7509 (Fax)

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