BG Group Public Limited Company v Argentina, Final Award, IIC 321 (2007), 24th December 2007, Ad Hoc Tribunal (UNCITRAL)
Whether BG’s investment in MetroGAS qualified as an investment for the purpose of the Argentina-UK BIT (‘BIT’) in respect of which the Tribunal had jurisdiction.
Whether the measures introduced by Argentina breached the obligation of fair and equitable treatment pursuant to Article 2 of the BIT.
Whether such measures were justified by a state of necessity in accordance with the BIT and/or customary international law such as to exempt Argentina from liability for any breaches of the BIT.
What was the appropriate standard for determining damages and quantifying such damages.