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BG Group Public Limited Company v Argentina, Final Award, IIC 321 (2007), 24th December 2007, Ad Hoc Tribunal (UNCITRAL)

BG Group Public Limited Company v Argentina, Final Award, IIC 321 (2007), 24th December 2007, Ad Hoc Tribunal (UNCITRAL)

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 23 October 2019

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.

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