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ICS v. Argentina (II), Petition to Recognize and Enforce Foreign Arbitral Award, March 31, 2026

31 Mar 2026
ICS Inspection and Control Services Limited v. Argentine Republic (II), PCA Case No. 2015-12
View case details
Petition to Recognize and Enforce Foreign Arbitral Award
Document Details:
LISTED PARTICIPANTS
Petition to Recognize and Enforce Foreign Arbitral Award
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
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Margaret E. Krawiec, Christopher S. Herlihy, Timothy G. Nelson
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
Skadden Arps Slate Meagher & Flom, ICS Inspection and Control Services Limited, Csc Cls (UK) Limited, Argentina
Country
Print reporter
Document Summary
Petition to Recognize and Enforce Foreign Arbitral Award
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Petition to Recognize and Enforce a Foreign Arbitral Award filed by the Petitioner against the Argentine Republic in the United States District Court for the District of Columbia. The Petitioner seeks judicial confirmation of a final UNCITRAL arbitral award issued on April 29, 2024 (as corrected on July 12, 2024), pursuant to the New York Convention and Chapter 2 of the Federal Arbitration Act (FAA).

Factual and Legal Background

The underlying arbitration concerned Argentina’s alleged breaches of the UK-Argentina Bilateral Investment Treaty (BIT) in relation to a 1998 contract for pre-shipment inspection auditing services. Following the Argentine economic crisis in 2001–2002, the State implemented emergency measures that unilaterally reduced the Petitioner's remuneration, devalued the local currency, and ultimately terminated the inspection program. The arbitral tribunal found Argentina liable for violating the fair and equitable treatment standard under Article 2(2) of the BIT. Consequently, the tribunal awarded the Petitioner USD 9,661,390.80 in principal damages, alongside 12.8% compounded annual interest.

Jurisdictional Basis and Relief Sought

In this enforcement proceeding, the Petitioner asserts that the District Court possesses subject matter and personal jurisdiction over Argentina under the Foreign Sovereign Immunities Act (FSIA). The Petitioner relies specifically on the arbitration exception (28 U.S.C. § 1605(a)(6)) and the implied waiver exception (28 U.S.C. § 1605(a)(1)), arguing that Argentina waived its sovereign immunity by becoming a signatory to the New York Convention. Contending that no grounds for refusal under Article V of the New York Convention apply, the Petitioner requests the entry of a judgment confirming the award and ordering Argentina to pay the principal amount plus all accrued pre-judgment and post-judgment interest.