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LG&E Energy Corporation, et al. v. Argentine Republic

International Centre for Settlement of Investment Disputes

46 I.L.M. 40 (2007)

Relevant factsFree

LG&E Energy (plaintiff), a U.S. corporation, invested in Argentine gas-distribution companies after Argentina (defendant) guaranteed the investments with tariff and inflation protections, but Argentina modified those contracts in 2001 without compensating LG&E. LG&E brought a claim before ICSID, alleging violations of the U.S.-Argentina bilateral investment treaty (BIT) and public international law; Argentina invoked a state-of-necessity defense, pointing to a severe economic and social crisis in 2001 that included the central bank losing 40 percent of its reserves in a single quarter, 25 percent unemployment, a 60 percent stock-market collapse, and violent unrest, looting, and rioting after bank-withdrawal restrictions, conditions that persisted until a new president took office in 2003.

IssueFree

Whether a country may breach contractual obligations without being liable for damages under the state-of-necessity defense under customary international law.

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