RE:RE:What's the best case now?DeepSeek has a bit of different take than ChatGPT - see the key observations section.
Rectification proceedings under the **ICSID Convention** are generally limited to correcting minor errors, such as clerical, arithmetical, or similar mistakes, and do not typically lead to substantial changes in awards. However, there have been a few cases where rectification resulted in notable adjustments, though these changes were still within the scope of correcting technical or non-substantive issues. Below are some examples of ICSID cases where rectification proceedings led to adjustments in the awards:
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### 1. **Compaa de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Argentine Republic (ICSID Case No. ARB/97/3)**
- **Background**: This case involved a dispute under the **Argentina-France BIT** regarding the termination of a water concession contract.
- **Rectification**: The tribunal issued a rectification decision to correct errors in the calculation of interest and the allocation of costs. While the changes were not substantive, they had a financial impact on the final award.
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### 2. **Sempra Energy International v. Argentine Republic (ICSID Case No. ARB/02/16)**
- **Background**: This case arose from Argentina's emergency measures during its economic crisis, which affected Sempra's investments.
- **Rectification**: The tribunal corrected errors in the calculation of damages and interest. Although the rectification did not alter the tribunal's substantive findings, it adjusted the final monetary award.
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### 3. **Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic (ICSID Case No. ARB/01/3)**
- **Background**: This case also involved Argentina's emergency measures and their impact on foreign investors.
- **Rectification**: The tribunal rectified the award to correct errors in the calculation of damages and interest. The changes were technical but had a financial impact on the amount awarded.
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### 4. **CMS Gas Transmission Company v. Argentine Republic (ICSID Case No. ARB/01/8)**
- **Background**: This case concerned Argentina's measures during its economic crisis and their impact on CMS's investment.
- **Rectification**: The tribunal corrected errors in the calculation of interest and the allocation of costs. While the rectification did not change the tribunal's substantive findings, it adjusted the final amount awarded.
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### 5. **LG&E Energy Corp., LG&E Capital Corp., and LG&E International, Inc. v. Argentine Republic (ICSID Case No. ARB/02/1)**
- **Background**: This case involved Argentina's emergency measures and their impact on LG&E's investments.
- **Rectification**: The tribunal rectified the award to correct errors in the calculation of damages and interest. The changes were technical but affected the final amount awarded.
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### 6. **Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. ARB/06/11)**
- **Background**: This case involved a dispute under the **US-Ecuador BIT** regarding the termination of an oil concession.
- **Rectification**: The tribunal corrected errors in the calculation of damages and interest. While the rectification did not alter the tribunal's substantive findings, it adjusted the final monetary award.
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### Key Observations:
- **Nature of Rectification**: In all these cases, rectification was limited to correcting technical or computational errors, such as miscalculations of damages, interest, or costs. The tribunals did not revisit substantive issues or alter their findings on liability.
- **Financial Impact**: While the changes were not substantive, they sometimes had a significant financial impact on the final award.
- **No Substantial Changes**: Rectification proceedings are not intended to lead to substantial changes in awards, and tribunals have consistently adhered to this principle.
If you are looking for cases where substantial changes were made to awards, such changes typically occur through **annulment proceedings** (under **Article 52 of the ICSID Convention**) or **reconsideration** in rare circumstances, rather than rectification.