Concurring and Dissenting Opinion of Judge Charles N. Brower

Opening of the document

CONCURRING AND DISSENTING OPINION OF JUDGE CHARLES N. BROWER Table of Contents I concur with the Award (“Award”) insofar as it 1) rejects Respondent’s objections to this Tribunal’s jurisdiction and 2) finds i) that Argentina violated its obligation under Article 2(2) of the Argentina-Italy BIT to accord Claimant fair and equitable treatment and ii) that Claimant must be compensated for the harm it suffered as a result. With all due respect to my Tribunal colleagues, however, I disagree with their deferential attitude towards several Government actions that, in my view, also constituted violations of Argentina’s fair and equitable treatment obligation. In addition, I part ways with them with …