Marc Lalonde - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Marc Lalonde
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Looking Back: Tribunal majority in Alalpli v. Turkey found that it had no jurisdiction – but majority arbitrators disagreed on whether good faith considerations or lack of active contribution by the investor should fell the ICSID claim
Jan 11, 2023 -
Looking Back: Azurix v. Argentina tribunal grappled with the distinction between contractual and treaty claims, discussed legitimate expectations, and found that the state’s behaviour towards a water concessionaire amounted to a treaty violation
Jun 16, 2021 -
Analysis: In Devas v. India, tribunal majority applies DCF model to value a business with no operational activity, while dissenter would have awarded only sunk costs
Jan 21, 2021 -
Quantum award against India surfaces
Jan 13, 2021 -
Analysis: Three enforcement judgments in Tatneft v. Ukraine find against the state on definition of investment and abuse of rights; award is ultimately enforced despite tribunal’s lack of jurisdiction
Nov 24, 2020 -
Looking Back: First Sempra v. Argentina tribunal read FET standard as gap-filler in the context of investment protection; award was later set aside
Sep 22, 2020 -
US Court weighs in on arbitrator impartiality and corporate restructuring
Aug 25, 2020 -
Looking Back: In Parkerings v. Lithuania, tribunal reasoned that a breach of contract could only amount to a treaty breach if the investor had previously sought reparation before local courts
Feb 24, 2020 -
Looking Back: Dabhol power plant saga led to numerous commercial, investment treaty and inter-state arbitrations, and perhaps foreshadowed India’s later concerns over BITs
Sep 11, 2019 -
Dutch court decision surfaces in Devas case, revealing reasons why award withstood India’s set-aside bid
Aug 29, 2019 -
Oxus fails in bid to secure bigger pay-day from Uzbekistan; Paris Court of appeal rejects investor's set-aside bid
May 16, 2019 -
Looking Back: At jurisdictional phase, CMS v. Argentina tribunal allows minority shareholders to bring claim under Argentina-US BIT
Jan 30, 2019 -
Looking Back: On the merits, CMS tribunal finds Argentina liable for breaches of FET and umbrella clause, sparks debate on necessity defense; despite partial annulment and heavy criticism from annulment committee, the award stands
Jan 30, 2019 -
Swiss Federal Supreme Court declines enforcement of investment treaty award, finding no “substantial link” to Switzerland in underlying dispute
Oct 14, 2018 -
Looking Back (3 of 4): In Amco Asia v. Indonesia resubmission proceedings, second tribunal examines res judicata effects of first award and annulment decision
Oct 14, 2018 -
In now-public Devas v. India BIT award, arbitrators disagree on interpretation of “essential security interest” clause and extent to which national security concerns underlay state's conduct
Jun 12, 2018 -
$50 mil Bolivia award is upheld even though arbitrators used valuation method different from those of the parties; new decision casts doubt on power to annul provisional measures or arbitrator disqualification rulings
May 20, 2018 -
In a case with broader potential ramifications, arbitrators render award on BIT claim brought by jilted tender bidder Samsung against Oman - embodying parties' agreement to settle
Jan 19, 2018 -
Koch Industries' $400m award surfaces, clarifying how jurisdiction was found - with off-take agreement deemed an investment - and certain non-expropriation claims rejected
Nov 30, 2017 -
Veeder, Lalonde and Douglas agree on expropriation of Koch's stake in fertilizer venture - but disagree whether (valuable) rights in off-take agreement can be expropriated
Nov 30, 2017 -
Quantum analysis: arbitrators in Koch v. Venezuela case express perplexity at how damages experts can diverge so sharply, and ultimately rely on third-party valuation; Douglas dissents on generous sum awarded for contractual rights
Nov 30, 2017 -
India round-up: updates on the Vodafone, Devas and Tenoch (Bycell) arbitrations
Nov 01, 2017 -
Annulment committee's reasons surface in Gambrinus v. Venezuela case, highlighting how investor failed in bid to annul award where arbitrators had determined that shares were invalidly acquired
Oct 30, 2017 -
Annulment committee weighs in with verdict in Gambrinus v. Venezuela arbitration
Oct 04, 2017 -
Looking Back: MTD v. Chile tribunal used MFN to import entirely new obligations from other BITs and frowned on inconsistency between state agencies - but reduced damages due to investor's own lack of due diligence
Oct 04, 2017 -
Previously-unseen jurisdictional award waves away objections to Russian-owned investment claim in Tatneft v. Ukraine
Apr 19, 2017 -
In long-confidential Russia-Ukraine BIT award, tribunal reviews evidence of alleged “black raid” by oligarch, facilitated by Ukraine’s courts and Prosecutor
Apr 07, 2017 -
In Tatneft v Ukraine award, tribunal sees breach of FET in the totality of the record but awards only the price originally paid by the investor
Apr 07, 2017 -
Looking Back: Ethyl v. Canada case drew early public attention to previously obscure arbitration process, and settled after tribunal's jurisdiction ruling
Mar 21, 2017 -
A stay of award is kept in place in Bolivia case, and ad-hoc committee picks a side in debate over powers to order posting of bank guarantees
Feb 23, 2017 -
After colorful collection battle, 45 million Euro BIT award against Thailand is recognized by Germany's highest court
Dec 11, 2016 -
UPDATED: Paris Court of Appeal weighs in on Russia-Ukraine BIT awards
Nov 30, 2016 -
India liable for expropriation and unfair treatment in satellite dispute, but majority of tribunal says "essential security" defence scales back liability
Jul 26, 2016 -
In now-public award, Oxus v. Uzbekistan tribunal analyses rights to negotiate, scope of umbrella clause and illegality objection
Apr 20, 2016 -
ANALYSIS: tribunal dismisses all but discrete tax stabilization claim in Oxus case; saw no footing in BIT for Uzbekistan's counterclaim
Apr 20, 2016 -
Oxus v Uzbekistan award comes to the surface, four months after the fact
Apr 12, 2016 -
INVESTIGATION: Lithuania denies FOI request, but intra-EU award in Luigiterzo Bosca case ultimately surfaces and sheds light on how a tender-bidder had BIT-protected investment
Mar 17, 2016 -
ANALYSIS: Award deems a state's unilateral denunciation of BIT to have been defective, but appears to overlook fact that parties later concurred on termination
Mar 17, 2016 -
IN-DEPTH: move by bureaucrats to peremptorily end contract talks flouts legitimate expectations; at costs phase, claimant's use of costlier international law firm is defended
Mar 17, 2016 -
Oxus Gold comes up short in bet-the-company arbitration against Uzbekistan
Jan 03, 2016 -
On heels of Oman's victory in ICSID arbitration, a tribunal is finalized to hear Samsung's unrelated claim against the Sultanate
Nov 05, 2015 -
In new ruling, arbitrators find Bolivia's termination of Chilean mining concessions to be discriminatory, unlawful and done under bogus pretexts
Sep 22, 2015 -
Quiborax v. Bolivia: tribunal majority uses ‘ex post’ data to assess discounted cash-flow damages for unlawful expropriation - and applies country-risk premium discount
Sep 22, 2015 -
In a new dissent, Brigitte Stern sets valuation date at date of expropriation in both lawful and unlawful scenarios, and decries use of ‘ex post’ data
Sep 22, 2015 -
Arbitrators muse on binding nature of provisional measures, breach of ICSID Convention for non-compliance with such orders, and role of ILC Articles in investor-state arbitration
Sep 22, 2015 -
UK Investor, ICS, sues Argentina again - before new UNCITRAL tribunal - this time after complying with 18 month local litigation clause
Sep 20, 2015 -
Arbitrators in unpublished Gambrinus v. Venezuela award dismiss expropriation claim after finding that off-shoring of a shareholding interest breached local law
Jul 12, 2015 -
In new award in Accession Mezzanine Capital v Hungary, tribunal explains why claimant lacked rights capable of grounding an expropriation claim, and criticizes looser reasoning in Metalclad case
Jun 23, 2015 -
Hungary prevails in second of two ICSID claims brought by jilted radio broadcasting investors
Apr 20, 2015 -
INVESTIGATION: latest developments in the six pending BIT arbitrations against India (and in other threatened disputes)
Dec 11, 2014 -
After $112 million arbitration loss to Russian oil company, Ukraine looks to set-aside award
Aug 27, 2014 -
Funder-backed claim falls short again: one arbitrator saw abuse, another saw no "contribution", and annulment committee declines to overturn
Jul 15, 2014 -
In new annulment ruling, ultimate vote is what matters in collegial adjudicative contexts - not how each arbitrator reasoned their way there
Jul 15, 2014 -
Updates on Oxus v. Uzbekistan, Stans Energy v. Kyrgyzstan, and Standard Chartered v. TANESCO arbitrations
May 09, 2014 -
Investors in Hungary's radio industry fail to persuade arbitrators that they had rights capable of expropriation under Swiss & Dutch BITs
Apr 17, 2014 -
ANALYSIS: The scope for ICSID arbitrators to agree to hand on to ICSID the task of resolving challenges to colleagues
Mar 18, 2014 -
Poland releases a new - less redacted - version of award from dispute with French pharma companies; MFN can’t broaden investment treaty’s arbitration clause
Oct 24, 2013 -
Poland discriminated by not renewing foreigners’ pharma marketing authorizations; BIT tribunal asserts power to impose ‘punitive’ damages beyond market value
Oct 24, 2013 -
Francisco Orrego Vicuna is disqualified from sitting in India BIT arbitration due to appearance of having fixed view as to meaning of “essential security” standard
Oct 09, 2013 -
Chairman steps down from SADC investor-state arbitration after challenge, and appointing authority (Marc Lalonde) picks new chair
Oct 07, 2013 -
Polish courts continue to call for release of 2012 arbitral award from pharma dispute, but only highly-redacted version emerges thus far
Aug 09, 2013 -
Lithuania update: Italian investor was denied FET in tender process, but tribunal not persuaded that $250 million in losses can be hung on state
May 28, 2013 -
Tribunal says that any treatment of company officers must have “necessary link” to the claimant entitled to treaty-protection
May 10, 2013 -
Investor allegations of top-level political conspiracy not borne out, but some measures of Romania point to prosecutorial animus
May 10, 2013 -
ANALYSIS: You don’t need to show damage to prove breach of BIT, but that also means that victorious claimants may walk away with no compensation
May 10, 2013 -
Rompetrol Group makes out a “limited” breach by Romania of one provision of Dutch investment treaty, but establishes no damages
May 07, 2013 -
Tribunal in place to hear latest BIT claim against India; ICJ Judge was asked to pick Gov’t arbitrator after missed deadline, but India eventually complied
Apr 11, 2013 -
Investor concedes that UK-Hungary BIT allows only arbitration of expropriation claim; tribunal clarifies role of MFN and customary international law
Feb 27, 2013 -
In two recent arbitrations, Prof. William W. Park holds that wholly passive ownership is not enough for claimants to enjoy investment treaty protection
Jan 18, 2013 -
Tribunal’s (later-annulled) reasoning on notion of investment, and reasons for a dissent are finally revealed in Mitchell v Democratic Republic of Congo case
Jan 17, 2013 -
Oxus says that UNCITRAL tribunal has recognized its standing to arbitrate with Uzbekistan
Nov 14, 2012 -
In lead-up to election, Republic of Georgia lost one investor arbitration, and settled another
Nov 11, 2012 -
Arbitrators in Bolivian mining dispute uphold jurisdiction after examining allegations of fraud, evidence fabrication and violations of local law
Oct 12, 2012 -
ICSID Tribunal Selections: Arbitrators picked for Hungary, Egypt and Equatorial Guinea disputes and Paraguay annulment proceeding
Sep 06, 2012 -
Lithuania Claims Round-Up: Lesser-known arbitrations move forward alongside high-profile gas unbundling battles
Sep 02, 2012 -
ICSID Tribunals constituted in Garanti Koza v. Turkmenistan, Tamimi v. Oman, and Gambrinus v. Venezuela
Apr 30, 2012 -
In new ruling, Poland held liable for breach of intra-EU BIT
Mar 26, 2012 -
Arbitrators dismiss UNCITRAL investment treaty claim due to failure of claimant to begin in local courts (Argentina)
Feb 16, 2012 -
ANALYSIS: MFN clause that had worked for some previous investors fails to unlock door to arbitration
Feb 16, 2012 -
Tribunal selected to hear UNCITRAL treaty claim arising out of Central Asian (Uzbekistan) mining dispute
Jan 13, 2012 -
Belize manages to stall trio of treaty arbitrations by foreign investors
Jan 04, 2012 -
ICSID Docket Round-Up: Four tribunals are announced in Peru, Venezuela, Albania and Romania cases; ICSID picks chairs in two cases following deadlock
Dec 01, 2011 -
Thailand comes out swinging in fight over non-payment of BIT arbitral award; government alleges that minority shareholder in highway project had contract obligation to not sue under treaty
Sep 29, 2011 -
Togo fails to overturn ICSID arbitral award; damages owed to French electricity investors amount to 12% of state revenue
Sep 15, 2011 -
France’s second largest pharmaceutical company quietly pursues arbitration against Republic of Poland
Aug 19, 2011 -
Arbitrators rule that Mongolian windfall tax does not breach investment treaty protections owed to Russian gold mining investors
May 03, 2011 -
Tribunal constituted in ad-hoc arbitration brought by Italian businessman against Lithuania citing flawed privatization tender process
Feb 01, 2011 -
Rwanda hires lawyers to defend tea estate dispute with U.S. company; arbitral tribunal is selected to hear case
Sep 28, 2010 -
Arbitrators order that (Bolivian) criminal proceedings be suspended
Apr 09, 2010 -
Tribunal constituted in UNCITRAL claim against Argentina
Mar 18, 2010 -
Tribunal declines to remove counsel in ICSID case against Romania; two earlier cases saw similar dilemma
Jan 16, 2010 -
ANALYSIS: Rejection of annulment requests in M.C.I. and Azurix cases point to a high bar when it comes to overturning ICSID awards
Nov 13, 2009 -
Arbitrators selected in two claims (ICSID and UNCITRAL) against Yemen
Oct 14, 2009 -
Tribunal awards full costs against investor for bringing a fraudulent Energy Charter Treaty claim against Turkey
Sep 24, 2009 -
BREAKING NEWS: ICSID annulment committee upholds Azurix v. Argentina arbitral award
Sep 02, 2009 -
Turkey prevails in one of three claims arising out of termination of Uzan family-owned electricity concession
Aug 17, 2009 -
Arbitrators rule that Thailand denied fair and equitable treatment to German construction firm
Aug 06, 2009 -
Tribunals constituted in ICSID claims: PIP Sarl v. Gabon, Millicom International v. Senegal, and Karmer Marble v. Georgia
Jun 29, 2009 -
Tribunals appointed in Alapi v. Turkey, Mobil v. Canada, Caratube v. Kazakhstan, iZee v. Georgia, and Duke v. Peru (annulment)
Mar 17, 2009 -
Background on Sempra v. Argentina ICSID case
Mar 17, 2009 -
In-Depth: Turkey resists effort by two claimants to withdraw ICSID cases in electricity company disputes
Feb 10, 2009 -
Arbitrators in UNCITRAL BIT case order Mongolia to suspend windfall tax on Russian mining co. while case is heard
Oct 01, 2008 -
Russian gold miner pursues arbitration over Mongolia windfall tax
May 16, 2008 -
Patrick Mitchell v. Democratic Republic of Congo award is annulled at ICSID
Nov 01, 2006