Franklin Berman - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Franklin Berman

• Analysis: UK High Court finds that UNCITRAL tribunal failed to deal with issue at heart of state’s defence on causation, setting aside mining award against Kazakhstan
  Mar 03, 2025
• UK court sets aside quantum award in treaty-based uranium dispute with Kazakhstan
  Feb 28, 2025
• Looking Back: Global Trading v. Ukraine tribunal was first to dismiss all claims as manifestly without legal merit under ICSID Arbitration Rule 41(5), finding that claimants had no protected investment
  May 03, 2023
• Looking Back: In Bayindir v. Pakistan jurisdictional decision, ICSID tribunal grappled with notification requirement, definition of investment, and the distinction between contract claims and treaty claims; request to stay treaty arbitration during pendency of parallel contract arbitration was dismissed
  Mar 22, 2023
• [Updated] Analysis: MOL v. Croatia tribunal applies high standard of proof to corruption allegations, finding that Croatia failed to prove bribery of former Prime Minister; tribunal strongly rejects intra-EU objection, criticizing the CJEU’s Komstroy Judgment
  Feb 01, 2023
• ICSID award issued in high-profile ECT arbitration against Croatia comes to light
  Jan 26, 2023
• High-profile MOL v. Croatia ICSID arbitration concludes with an award; parties issue divergent statements regarding the outcome of the case
  Jul 06, 2022
• ICSID tribunal invokes rarely-used power to issue provisional measures on its own motion
  Nov 16, 2021
• Turkish contractor Bayindir lodges a new claim against Pakistan, 12 years after an ICSID tribunal rejected an earlier BIT claim between the parties.
  Oct 14, 2021
• Dutch court upholds 44 million USD Merck v. Ecuador award
  Jun 23, 2021
• Analysis: Final award in WWM v. Kazakhstan is partially set aside, as UK judge finds that the tribunal’s reasoning on causation and quantum was not debated by the parties
  Nov 24, 2020
• Arbitrators comings and goings: Switzerland seeks applicants for ICSID panels, the UK reveals its panel nominees, and Egypt arbitration sees new chair
  Nov 23, 2020
• Breaking: Vodafone prevails in treaty-based arbitration against India
  Sep 25, 2020
• Analysis: second annulment decision in Pey Casado v. Chile affirms resubmission tribunal’s approach to the res judicata findings of the first tribunal
  Jan 12, 2020
• ICSID ad hoc committee declines to annul resubmission award in long-running Pey Casado v. Chile saga
  Jan 09, 2020
• Ecuador round-up: an update on arbitration proceedings against the State, including unreported cases and looming awards
  Dec 30, 2019
• Canadian investor World Wide Minerals secures $40 mil BIT award in decades-long fight over Kazakhstan uranium investment
  Oct 31, 2019
• Looking Back: In Lucchetti v. Peru, arbitrators declined jurisdiction ratione temporis, side-stepping Peru’s allegations of corruption; majority of ICSID ad hoc committee denied request for annulment
  Sep 19, 2019
• Looking Back: In Soufraki v. UAE, Fortier-chaired tribunal makes its own inquiry into the claimant’s professed nationality; at annulment stage, committee members diverged on fate of award
  Jul 16, 2019
• Looking Back: In Libananco v. Turkey annulment, investor failed to overturn unfavorable award declining jurisdiction over $11 billion claim
  Apr 25, 2019
• Looking Back: In RFCC v. Morocco, tribunal adopts objective test for investment under the ICSID Convention; annulment committee declines to annul award over immaterial contradiction in reasoning
  Apr 21, 2019
• Exxon goes back to ICSID, asking a new tribunal to rule on damages in aftermath of 2017 annulment of $1.4 billion damages award
  Oct 27, 2018
• An update on investment treaty disputes involving the Government of India
  Aug 23, 2018
• The Merck v. Ecuador award (Part One): arbitrators wave away jurisdictional objections - including on exhaustion - and warn that non-compliance with interim orders could aggravate treaty breach
  Mar 27, 2018
• The Merck award (Part Two): On the merits, Ecuador found liable for denial of justice after foreign investor is ordered to pay “wholly disproportionate sum” without court engaging in objective analysis or calculation
  Mar 27, 2018
• Ecuador reportedly on hook for denial of justice in Merck arbitration
  Mar 19, 2018
• India round-up: updates on the Vodafone, Devas and Tenoch (Bycell) arbitrations
  Nov 01, 2017
• Berman-led tribunal agrees to rectify 2016 award, confirming finding of satisfaction as remedy for denial of justice, but hits claimants with costs order; annulment application now in motion
  Oct 16, 2017
• As award looms in Merck v. Ecuador, earlier Chevron-like interim measures ruling surfaces, ordering Ecuador to block enforcement of a local court judgment that is adverse to foreign investor
  May 16, 2017
• In new decision, ICSID confirms that it will allow an arbitrator to recuse himself from deciding a challenge to a colleague
  Apr 24, 2017
• Pey Casado seeks to exit long-running ICSID case - one week after filing new claim under UNCITRAL rules - but must get Chile's blessing for discontinuation
  Apr 24, 2017
• Pey Casado files a new UNCITRAL arbitration against Chile; meanwhile, arbitrator challenge is rejected in parallel long-running ICSID claim
  Apr 13, 2017
• ANALYSIS: Exxon annulment committee chastises tribunal on proper role of domestic law in BIT compensation determinations
  Mar 09, 2017
• Breaking: $1.4 billion damages in favour of Exxon are annulled, as ICSID annulment panel finds fault with earlier tribunal's damages reasoning in Venezuela case
  Mar 09, 2017
• Sir Frank Berman seeks to recuse himself from deciding challenge to fellow arbitrator - [UPDATED] and then Pey Casado claimants challenge him again
  Mar 06, 2017
• The NeverEnding Story: latest developments in the Pey Casado v. Chile case include arbitrator challenge ruling; another challenge; and a slowed rectification process
  Feb 28, 2017
• Balkans Round-Up: new disputes for Albania and Croatia; updates on other pending investor-state arbitrations in the region
  Feb 20, 2017
• UNCITRAL tribunal rejects Croatia's contention that bribery underlay key contracts; parallel Energy Charter Treaty claim remains ongoing at ICSID
  Jan 02, 2017
• Three new requests – including double arbitrator challenge – in longest-running ICSID case, Pey Casado v. Chile
  Nov 30, 2016
• President of ICJ nominates chair for Vodafone v. India arbitration - and then rejects India's effort to disqualify the nominee
  Nov 02, 2016
• ANALYSIS: Pey Casado tribunal sees no basis for new compensation order, but pointedly reminds Chile of its BIT breach
  Sep 15, 2016
• In new award, arbitrators in long-running case against Chile find that claimants did not make out their case for compensation
  Sep 14, 2016
• UNCITRAL tribunal is finalized to hear second investor claim against Kazakhstan under long-dormant USSR-Canada investment treaty
  Aug 07, 2016
• Chile: investment dispute is lodged under Colombia FTA, as award looms in another case
  May 29, 2016
• In a dramatic holding, UNCITRAL tribunal finds that Kazakhstan is bound by terms of former USSR BIT with Canada
  Jan 28, 2016
• As another Argentine bond arbitration collapses at ICSID, arbitrators doubt their power to award costs in these circumstances
  Dec 14, 2015
• In a first for Venezuela, written pledge to honor ICSID award is accepted by annulment committee - thus ensuring stay of enforcement of $1.6 billion Exxon award
  Oct 19, 2015
• Arbitrators in Exxon v. Venezuela case conclude that government triggered revision process in order to hinder enforcement of earlier award
  Jun 18, 2015
• In newly-disclosed UNCITRAL award, German investor's ("ECE") failed corruption allegations directed at Czech Republic come to light
  Apr 29, 2015
• Arbitrators see no merits breaches in shopping center project dispute and use site-visit to assess investor's complaints of discrimination vis-a-vis other projects
  Apr 29, 2015
• Ecuador round-up: Key rulings loom in half-dozen cases, including windfall levy disputes, Occidental annulment, and several lesser-noticed arbitrations
  Apr 10, 2015
• Croatia fails in bid to argue that umbrella clause carve-out should knock out claim; UNCITRAL tribunal finalized in separate case
  Dec 03, 2014
• Arbitrators in third Argentine bond case issue preliminary ruling, dismissing some objections and postponing others until merits phase
  Nov 19, 2014
• Central Asia Round-up: Updates on claims against Turkmenistan, Uzbekistan, Kazakhstan and Kyrgyzstan
  Oct 15, 2014
• Recent developments in three sovereign bond arbitrations against Argentina at ICSID
  Aug 21, 2014
• ICSID Round-Up: New arbitrator in Pey v. Chile; new claim by Highbury and others vs Venezuela; and a bid to annul award in Rose Levy v. Peru
  May 21, 2014
• Parties agree on a chairman for Energy Charter Treaty arbitration between MOL Hungarian Oil and Gas Company Plc and Croatia
  Apr 21, 2014
• Arbitrator steps aside after being challenged by Chile in long-running ICSID dispute
  Jan 21, 2014
• Challenges filed against Feliciano and Sands at ICSID; replacement arbitrators named in two other cases, after tribunal departures
  Jan 08, 2014
• New tribunal in Pey v Chile case must assess whether compensation for discrimination and denial of jusice should be in line with expropriation damages
  Jan 01, 2014
• After failure of claim under Kazakh statute, Canadian miner hopes that USSR-Canada investment treaty permits arbitration with Kazakhstan
  Dec 18, 2013
• Czech Republic says it prevailed in BIT arbitration with German property-developer ECE, but offers few details
  Oct 09, 2013
• Chairman steps down from SADC investor-state arbitration after challenge, and appointing authority (Marc Lalonde) picks new chair
  Oct 07, 2013
• Russia secures set-aside of hedge fund's modest Yukos-related arbitral award, as investor declines to spend funds to defend pyrrhic arbitral win
  Sep 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
• Dismantling of Southern African Development Community Tribunal spawns UNCITRAL arbitration claim for denial of justice
  May 07, 2013
• Another divided ICSID tribunal finds it has jurisdiction to arbitrate an Argentine sovereign debt dispute; failure to pursue local remedies not fatal to case
  Feb 11, 2013
• Tribunals selected for UNCITRAL claims against Kyrgyzstan and Ecuador
  Aug 19, 2012
• ANALYSIS: Tribunal in Costa Rica case rejects investors’ reading of non-discrimination obligation; affirms that adequate legal remedies are part of fair and equitable treatment
  Jul 09, 2012
• Costa Rica held liable for breach of investment treaty in beach property expropriation cases, but avoids liability for broader claims
  May 22, 2012
• Arbitral victory in Yukos case slowly unraveling as U.S. hedge fund declines to spend more money defending arbitral award from Russian attack
  Apr 10, 2012
• Majority of arbitral tribunal relies on home state government memo purporting to explain ambiguous Slovak investment treaty clause
  Dec 01, 2011
• Togo fails to overturn ICSID arbitral award; damages owed to French electricity investors amount to 12% of state revenue
  Sep 15, 2011
• Turkey defeats $11 Billion arbitration claim at ICSID; putative off-shore shareholder fails to prove it owned shares prior to alleged expropriation of electricity concessions
  Sep 05, 2011
• World Bank arbitration tribunal upholds jurisdiction over Billion Dollar claim by Italian victims of Argentine sovereign debt default
  Aug 07, 2011
• Arbitrators hold Russian Federation liable for expropriation of Yukos shareholdings; modest damages owed to affiliate of prominent U.S. Hedge Fund
  Dec 19, 2010
• Arbitrators dismiss claim against Ukraine for unpaid poultry shipments; transactions don’t qualify as investments eligible for ICSID arbitration
  Dec 16, 2010
• Co-Arbitrators reject argument that colleague should be disqualified due to positions taken in academic writings (Urbaser v. Argentina)
  Sep 15, 2010
• Government objects to attempt to disqualify arbitrator because of his prior academic writings (Urbaser v. Argentina)
  May 07, 2010
• Some arbitrators eschew counsel work but for various reasons
  Feb 25, 2010
• Tribunal selected to hear German investor’s claim against Czech Republic
  Jan 17, 2010
• Tribunal declines to remove counsel in ICSID case against Romania; two earlier cases saw similar dilemma
  Jan 16, 2010
• Tribunals convened in ICSID cases involving Turkmenistan, Ukraine and Venezuela
  Dec 21, 2009
• Arbitrators selected in Billion Dollar UNCITRAL claim against Slovak Republic
  Nov 13, 2009
• In newly unearthed award, reasons are clarified for dismissal of bitter dispute between US oil co. and Trinidad & Tobago
  Oct 14, 2009
• ANALYSIS: Arbitrators in Bayindir v. Pakistan explore meaning of fair and equitable treatment and national treatment
  Sep 02, 2009
• Pakistan prevails in $756 Million ICSID claim brought by Turkish construction company
  Sep 02, 2009
• Turkey prevails in one of three claims arising out of termination of Uzan family-owned electricity concession
  Aug 17, 2009
• German media reveal details of Vattenfall claim v. Germany; NGOs raise enviro fears as two arbitrators named
  Jul 17, 2009
• In-Depth: Turkey resists effort by two claimants to withdraw ICSID cases in electricity company disputes
  Feb 10, 2009
• Russian Federation seeks to overturn jurisdictional award in Yukos shareholder claim; merits phase continues
  Jan 22, 2009
• Barrister may not appear as counsel for state in arbitration where another member of chambers sits on tribunal
  Nov 25, 2008
• Argentina faces a third treaty claim by hold-out bond-holders; Experts differ as to prospects
  Aug 07, 2008