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AES v. Argentina, Declaration of James Hosking, August 4, 2025

4 Aug 2025
AES Corporation v. Argentine Republic, ICSID Case No. ARB/02/17 
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Declaration of James Hosking
Document Details:
LISTED PARTICIPANTS
Declaration of James Hosking
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Stephen L. Drymer
Respondent appointee
Domingo Bello Janeiro
Tribunal/Panel chair
Ricardo Ramírez Hernández
Arbitrator(s)
Karl-Heinz Böckstiegel, Pierre-Marie Dupuy
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
James M. Hosking
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Chaffetz Lindsey, Argentina
Country
United States
Print reporter
Document Summary
Declaration of James Hosking
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Declaration by James Hosking, counsel for Petitioner AES Corporation, submitted to the United States District Court for the District of Columbia. The declaration is filed in support of a Petition to Recognize and Enforce an ICSID Arbitration Award rendered against the Argentine Republic on May 30, 2025, in ICSID Case No. ARB/02/17.

Factual and Procedural Background

The declaration outlines the procedural history and factual basis of the underlying ICSID arbitration, which arose from Argentina's regulatory measures affecting the electricity generation sector following its 2001 economic crisis. The declarant notes that the arbitral tribunal unanimously found Argentina in breach of its obligations under Articles II.2.a and II.2.b of the Argentina-U.S. Bilateral Investment Treaty (BIT), specifically regarding fair and equitable treatment and the non-impairment of investments through arbitrary or discriminatory measures.

Relief Sought

The declaration affirms that the tribunal awarded the Petitioner $715,900,000 in damages, alongside interest and a partial allocation of legal costs, bringing the total outstanding amount to $824,397,132.86. Noting that Argentina has neither moved to annul the award nor made any payments to satisfy the judgment, the Petitioner formally seeks entry of a judgment from the District Court recognizing and enforcing the ICSID award pursuant to 28 U.S.C. § 1746.