2005
Daimler v. Argentina Daimler Financial Services AG v. Argentine Republic (ICSID Case No. ARB/05/1)
Argentina
Germany
Majority and controlling interest in local company engaged in extending loans and leases to Argentinean dealers and purchasers of automotive goods; additional capital contributions to the subsidiary company.
Claims arising out of Argentina's enactment of an Emergency Law and other measures undertaken by the respondent to stem the country's economic crisis of 2001-2002 which allegedly affected the claimant's investment.
Tertiary: K - Financial and insurance activities
64 - Financial service activities, except insurance and pension funding
ICSID (International Centre for Settlement of Investment Disputes)
ICSID (International Centre for Settlement of Investment Disputes)
Dupuy, P.-M.
Brower, C. N.
Bello Janeiro, D.
Decided in favour of State
272.70 mln EUR (243.00 mln USD)
Data not available
Indirect expropriation

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

Umbrella clause

Most-favoured nation treatment

Transfer of funds

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined
ICSID annulment proceedings
ICSID annulment proceedings
Award/decision upheld
Zuleta, E. (President)

Feliciano, F. P. (Member)

Khan, M. A. (Member)