Portée de l'umbrella clause contenue dans le TBI entre les Etats-Unis et l'Argentine
| Auteur | Legal News |
Une société américaine possédant déjà des parts d'une société argentine transportant du gaz acquière des parts supplémentaires. A l'époque, la législation argentine leur garantissait notamment que les tarifs du gaz seraient calculés en dollars américains avant d'être convertis en pesos, et ajustés en fonction de l'évolution de l'indice américain des prix de production. Face à la crise économique qui frappe l'Argentine, l'Etat a pris de nouvelles mesures financières et a révoqué la parité dollar/peso. La société américaine, jugeant que ces mesures ont affecté fortement leur investissement, a décidé d'engager une procédure d'arbitrage contre l'Argentine. Deux décisions accueillent les demandes de la société américaine en condamnant l'Argentine au paiement d'une amende pour méconnaissance de l'umbrella clause prévue dans le traité bilatéral de protection des investissements (TBI). L'Argentine dépose alors un recours devant le centre international de règlement des différents liés aux investissements CIRDI...
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