Wintershall v. Argentina Wintershall Aktiengesellschaft v. Argentine Republic (ICSID Case No. ARB/04/14)
Indirect controlling shareholding in a wholly-owned local subsidiary engaged in gas and oil production.
Claims arising out of the government's modification of its hydrocarbons regulatory framework that allegedly negatively affected the investor's subsidiary hydrocarbon-production concessions and exploration permits, through the enactment of a series of decrees and resolutions during the Argentinean economic crisis of 2001-2002.
Primary: B - Mining and quarrying
6 - Extraction of crude petroleum and natural gas
ICSID (International Centre for Settlement of Investment Disputes)
ICSID (International Centre for Settlement of Investment Disputes)
Nariman, F. S.
Bernardini, P.
Torres Bernárdez, S.
Decided in favour of State
300.00 mln USD
Data not available
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

Transfer of funds

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined