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Bernhard von Pezold and others v. Zimbabwe

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Case Details

Year of Filing: 2010

Claimant(s): Bernhard von Pezold and others

Respondent(s): Republic of Zimbabwe

Arbitral Rules: ICSID

Legal Instrument: Treaty

Treaty: Germany-Zimbabwe BIT

Administrative Case Number: ARB/10/15

Arbitral Tribunal

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Major Developments

Key Decision:

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Annulment/Set-Aside Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of Bernhard von Pezold and others v. Zimbabwe

Analysis: in its review of von Pezold and Border Timber v. Zimbabwe awards, ad hoc committee rejects Zimbabwe’s illegality and arbitrator impartiality complaints Nov 23, 2018
Annulment committee weighs in with verdict on Zimbabwe awards Nov 22, 2018
In previously confidential rulings, stay of enforcement was lifted in Zimbabwe case, and ICSID panel gave the state another shot at effecting restitution of seized properties – but no payment or restitution was forthcoming Aug 27, 2017
Part 1 of 5: In now-public 300+ page Zimbabwe ruling, ICSID tribunal ordered restitution of expropriated farms, as well as tens of millions in further damages Feb 10, 2016
Part 2 of 5: In von Pezold v. Zimbabwe ruling, arbitrators decided whether to attribute settler land invasion conduct to government, and considered role of human rights law Feb 10, 2016
Part 3 of 5: Arbitrators find mere non-payment of compensation renders takings unlawful, and fair treatment is denied due to breach of expectation of non-expropriation Feb 10, 2016
Part 4 of 5: In unsuccessful defence of its expropriation of Swiss/German investors, Zimbabwe pleaded customary defence of necessity, but tribunal just sees a regime pursuing political survival Feb 10, 2016
Part 5 of 5: Tribunal’s damages holdings in Zimbabwe case includes a discounted cash flow award, as well as orders of restitution and moral damages due to physical mistreatment Feb 10, 2016
Zimbabwe and Bolivia awards to be reviewed by recently-selected annulment committees at ICSID Dec 21, 2015
Zimbabwe moves to annul arbitral awards rendered in favour of expropriated Swiss & German investors; separate $25+ million award still unpaid Nov 4, 2015
ICSID arbitrators named for UAB Energia v. Latvia and Georg Gavrilovic v. Croatia cases; replacements picked for Zimbabwe and Peru tribunals Jul 7, 2013
Amicus submission rejected in Zimbabwe case; human rights law held inapplicable to ICSID proceedings Jun 27, 2012
ANALYSIS: Tribunal’s reading of amicus curiae tests could make life difficult for antagonistic amici – and those seeking to raise novel concerns such as human rights law Jun 27, 2012
Effort by Zimbabwe to conduct spot-inspection of claimants’ documents is reportedly thwarted by arbitral tribunal’s order Jun 19, 2012
Arbitrators named in investment arbitration claims against Zimbabwe, Indonesia and Pakistan Sep 27, 2011
Zimbabwe’s nominee to two ICSID tribunals steps down; unclear if political activities in Malawi were a factor Jun 30, 2011
New ICSID Claims registered against Venezuela, Zimbabwe, and Turkmenistan Jan 13, 2011
Arbitrators selected to resolve latest Zimbabwe expropriation claim Dec 16, 2010
New ICSID claims: AES sues Kazakhstan; more farmers sue Zimbabwe; Canadian firm seeks arbitration of Bangladeshi environmental and payment claims Aug 5, 2010