Piero Bernardini - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Piero Bernardini

• Looking Back: Ulysseas v. Ecuador tribunal upheld jurisdiction, dismissing denial of benefits objection despite finding that the clause could be invoked retroactively
  Oct 11, 2022
• Long-suspended treaty arbitration against Argentina is discontinued
  Aug 11, 2022
• Looking Back: ICSID tribunal in AIG v. Kazakhstan dismissed a jurisdictional objection based on the respondent’s lack of participation in the tribunal’s constitution, found an indirect expropriation, and discussed principles of compensation
  Sep 30, 2021
• Analysis: In previously unseen Turkey-Syria BIT award, majority imports a more favourable war-losses clause; in dissent Ziade warns of “exorbitant” implications of majority reading
  Nov 13, 2020
• Looking Back: ICSID tribunal in Middle East Cement v. Egypt found a partial expropriation of cement import business, and criticised state failures to notify claimant of ship seizure and auction
  May 06, 2020
• [UPDATED] As tribunal splits on jurisdiction, Spain prevails in under-the-radar UNCITRAL treaty claim
  Apr 23, 2020
• Analysis: in newly-uncovered Libya award, a failure to comply with settlement agreement breaches Swiss BIT; host government's diversion of 1 million CHF of settlement funds to President's personal charity also a breach
  Mar 19, 2020
• Ecuador seeks annulment of Perenco award
  Oct 06, 2019
• Looking Back: In Vieira v. Chile, von Wobeser-chaired tribunal found by majority that claims did not fall under temporal scope of Chile-Spain BIT
  Sep 19, 2019
• Analysis: in Exxon-Mobil vs. Argentina case, ad hoc committee saw an excess of powers by underlying tribunal, but not a manifest one; committee also picked a side in debate over scope for committees to review arbitrator DQ decisions
  Jun 05, 2019
• Another expensive setback for Argentina, as Exxon-Mobil finally prevails in long-running BIT arbitration over gas distribution and export business
  May 31, 2019
• Mobil v. Argentina: in heretofore-confidential quantum award, tribunal focuses on proven decrease in revenues rather than fair market value; dissenter opposes costs-follow-the-event approach
  Mar 31, 2019
• Looking Back: In newly-disinterred Houston Industries v. Argentina award, ICSID tribunal decided that it lacked power to grant discontinuance request in the face of Argentina's insistence that costs still needed to be resolved
  Mar 01, 2019
• Mobil v. Argentina decision on jurisdiction and liability is finally divulged, thus illuminating tribunal's reasons for rejecting Argentine objections (Part 1 of 3)
  Feb 24, 2019
• Mobil v. Argentina liability ruling (Part 2 of 3): tribunal sees breach of commitments made specifically to investors and thus violation of FET standard; holdings differ from similar Total v. Argentina case
  Feb 24, 2019
• Mobil v. Argentina liability ruling (Part 3 of 3): tribunal deems that Argentina cannot rely on necessity defence since it contributed to its economic crisis
  Feb 24, 2019
• Venezuela’s bid to annul $500 million award fails; committee finds that it can’t review alleged partiality of arbitrator
  Dec 17, 2018
• Hanotiau, Tercier, and Fortier brought in to hear next phase of long-running BIT arbitration, following departure of original tribunal
  Dec 13, 2018
• ICC Court disqualifies arbitrator in bilateral investment treaty case, leading to tribunal reshuffle
  Nov 27, 2018
• Looking Back (1 of 2): CSOB v. Slovakia arbitrators see a unique basis for jurisdiction, as BIT that had not entered into force is incorporated into parties’ contract
  Sep 28, 2018
• Looking Back (2 of 2): CSOB v. Slovakia tribunal recommended suspension of domestic bankruptcy proceeding and rendered the largest damages award in ICSID history to that date
  Sep 28, 2018
• Analysis: in a pair of recent decisions, ICSID committees disagree on conditions for continuing a stay of award enforcement; one committee deems conduct of state in a prior case to be in violation of ICSID Convention
  Jun 17, 2018
• Looking Back: early ICSID awards against Congo-Brazzaville in AGIP and Benvenuti & Bonfant cases touched on stabilization clauses, flouting of provisional measures, and questions of quantum
  May 18, 2018
• ANALYSIS: ad-hoc committee's reasoning surfaces, thus illuminating Venoklim's failure to annul award in Venezuela case
  Feb 08, 2018
• Venoklim fails in bid to annul arbitral award from first conflict, as parallel BIT claim remains pending
  Feb 05, 2018
• As damages phase gets underway in ABCI v. Tunisia, we review decision where majority found jurisdiction under Tunisian foreign investment law, but not under BIT
  Jan 24, 2018
• Looking Back: At merits phase, arbitrators differ as to whether publisher who printed opposition campaign materials was victim of political retaliation by governing regime in Ukraine
  Dec 28, 2017
• Looking Back: At provisional measures phase of Tokios Tokeles case, arbitrators debated whether to enjoin various legal and investigative actions by Ukraine, and considered how to respond to investor's recourse to diplomatic protection
  Dec 28, 2017
• (UPDATED) ICSID Annulment Roundup: Three are named to hear latest Pey v. Chile phase and Teinver v. Argentina challenge, Venezuela hopes to roll back $800+ million in awards, and Eurogas & Belmont challenges Slovak award
  Dec 21, 2017
• North Africa round-up: new developments in investment treaty cases in Libya, Algeria and Tunisia
  Dec 13, 2017
• Looking Back: In Tokios Tokeles case, majority upholds jurisdiction over claim against Ukraine brought by Lithuanian corporation that was owned by Ukrainian nationals, prompting chairman to resign
  Dec 09, 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
• Syria faces another BIT arbitration, with tribunal in place and claim proceeding
  Jul 05, 2017
• Rigo-Sureda, Bernardini and Fernandez Arroyo to hear Venezuela's effort to overturn arbitral award from Tenaris and Talta v. Venezuela (1) case
  Dec 28, 2016
• Klaus Sachs selected to chair Energy Charter Treaty dispute
  Sep 14, 2016
• Investor secures disqualification of Argentine arbitrator Gabriel Bottini in UNCITRAL BIT arbitration
  Aug 14, 2016
• The Philip Morris v. Uruguay award on the merits: part one of our three part analysis, focusing on the expropriation claim
  Jul 10, 2016
• The Philip Morris v. Uruguay award on the merits: part two of our three part analysis, focusing on the FET and umbrella clause claims
  Jul 10, 2016
• The Philip Morris v. Uruguay award on the merits: part three of our three part analysis, focusing on the denial of justice claims
  Jul 10, 2016
• In dissent, Gary Born rejects use of "margin of appreciation" doctrine in BIT cases, and sees two breaches by Uruguay of Philip Morris's BIT rights
  Jul 10, 2016
• ANALYSIS: as Venezuela's ICSID debts hits $4.6 billion (before interest), two ad hoc committees offer differing approaches to requests that stays of enforcement be lifted
  Apr 21, 2016
• Uruguay: updates on the Philip Morris arbitration, and a new treaty claim filed at ICSID
  Mar 28, 2016
• In-Depth: Turkmenistan fails in bid to have arbitral award annulled due to tribunal's alleged use of subjective "equitable principles" to decide certain issues
  Jan 27, 2016
• Venezuela fails in effort to block confirmation of $700+ million award in D.C., as Judge is unconvinced of due process failings in ICSID arbitration
  Dec 01, 2015
• Arbitrators finalized for investment proceedings against Cameroon, Panama, and Venezuela (Venoklim annulment)
  Oct 01, 2015
• Revealed: the corporate link between tribunal's damages expert and Exxon-Mobil's expert that spawned disqualification bids in ICSID case
  Aug 24, 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
• Russia held liable for expropriation of Italian business, Valle Esina S.p.A., in unpublicized investment treaty arbitration
  May 18, 2015
• After failing to dislodge independent damages expert, Argentina seeks removal of entire tribunal in waning days of Exxon-Mobil case
  Apr 20, 2015
• Philip Morris disputes: Another intervener is OK'ed to make arguments in Uruguay case; Bloomberg and Gates announce legal defence & support fund
  Mar 19, 2015
• Romania must pay U.S. investor, Hassan Awdi, for $7.7+ million in sunk costs, but bulk of claims fail in bitterly-contested ICSID fight
  Mar 09, 2015
• Awdi v. Romania case hinges on a contract promise by privatization agency and on handling of restitution of land to former pre-Communist era owners
  Mar 09, 2015
• World Health Organization is given green-light by arbitrators to intervene in Philip Morris v. Uruguay arbitration
  Feb 20, 2015
• As final award looms in Awdi v. Romania, a decision surfaces wherein arbitrators refused to summarily dismiss certain "illegality" objections raised by Romania
  Feb 16, 2015
• Latest developments in the Philip Morris arbitrations against Australia and Uruguay
  Feb 12, 2015
• Long-confidential intra-EU BIT award (Invesmart v. Czech Republic) details escape from liability for denial of state aid to bank during EU accession process
  Feb 10, 2015
• Paris Court weighs in on $700 million Gold Reserve award following arbitrators' earlier dismissal of parties' corrections request
  Jan 30, 2015
• In-Depth: the Fraport v. Philippines (2) award
  Jan 27, 2015
• Award compliance: updates on two awards against Democratic Republic of Congo, and a third against Turkmenistan
  Jan 22, 2015
• Investor's duty to pass a portion of award-recovery to third-party funder is cited as a reason to not lift a stay of enforcement of that award
  Jan 22, 2015
• Ad hoc committee splits, but majority decides to uphold earlier tribunal's award in Iberdrola v. Guatemala case
  Jan 15, 2015
• Arbitrators dismiss Fraport's second attempt to hold the Philippines liable for breach of BIT in airport dispute
  Dec 11, 2014
• Turkmenistan must post bank guarantee in order for stay of ICSID award to be kept in place during annulment phase
  Nov 26, 2014
• Central Asia Round-up: Updates on claims against Turkmenistan, Uzbekistan, Kazakhstan and Kyrgyzstan
  Oct 15, 2014
• ICSID panel cite failings of Gold Reserve, but find that Venezuela overstepped by failing to accord due process
  Sep 28, 2014
• In Gold Reserve case, weight placed on Hugo Chavez's statements; Venezuela's heightened political risk premium should not reduce damages
  Sep 28, 2014
• El Paso annulment committee downplays novelty of ‘creeping’ FET violation, rubber-stamps tribunal’s necessity analysis
  Sep 25, 2014
• Investor in Venezuelan mine awarded $700+ million for breach of Canada-Venezuela bilateral investment treaty
  Sep 23, 2014
• ANALYSIS: As Al Jazeera Media Network notifies Egypt of possible arbitration claim, what legal arguments loom in such a case?
  Apr 28, 2014
• Updates on progress of Philip Morris arbitrations against Australia and Uruguay
  Apr 28, 2014
• ICSID Annulment committee rejects effort by Spain-U.S. Chamber of Commerce to intervene as amicus curiae in Spain-Guatemala BIT case
  Apr 01, 2014
• Newly-obtained ICC award in East Cement v. Poland case sheds further light on shifting of costs onto investor for abandoned investment treaty claim
  Mar 27, 2014
• Annulment committee in Pey v. Chile case clarifies applicable interest rates but can't supplement earlier ruling
  Sep 14, 2013
• Argentina Update: arbitrators finalized to hear Repsol’s claims for nationalization; Exxon claim proceeds to damages phase after liability ruling
  Jul 17, 2013
• Arbitrators in Philip Morris v. Uruguay arbitration rule that claimants complied with treaty requirement to pursue local litigation
  Jul 17, 2013
• ANALYSIS: Uruguay fails to persuade arbitrators that investment treaty does not protect Philip Morris’s investments
  Jul 17, 2013
• Path cleared for merits phase in Philip Morris v Uruguay arbitration; Government's jurisdictional objections rejected
  Jul 04, 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
• As hearings loom, Uruguay elaborates on jurisdictional objections – including meaning of MFN and local litigation clauses - in Philip Morris arbitration
  Jan 22, 2013
• Uruguay’s objections in Philip Morris case questions role of expert witnesses, and analyze treaty’s public health “exception” and definition of ICSID investments
  Jan 22, 2013
• ICC picks chairman to preside over investment treaty claim by Russian energy investor, Gazprom
  Jan 18, 2013
• With partial annulment of Pey Casado v. Chile award, the door opens again for further arguments in ICSID’s longest-running case
  Dec 21, 2012
• Uruguay takes a new posture in arbitration with Philip Morris company
  Oct 22, 2012
• INVESTIGATION: Libya held liable by UNCITRAL tribunal for breaching Swiss investment treaty
  Jun 27, 2012
• ANALYSIS: Choice of BIT arbitration over contractual remedies fails to pay off in Ulysseas v. Ecuador case; stabilization clause also hurts case
  Jun 18, 2012
• Ulysseas v. Ecuador award discusses discriminatory & arbitrary treatment, “temporary” expropriation, and lease-model for damages calculation
  Jun 18, 2012
• Another disappointment for Elliott Associates, as Ecuador defeats $56 Million investment treaty claim
  Jun 13, 2012
• ICSID Tribunals constituted in Garanti Koza v. Turkmenistan, Tamimi v. Oman, and Gambrinus v. Venezuela
  Apr 30, 2012
• ICSID Round-Up: Two tribunals are selected to hear foreign investor claims against the Philippines
  Mar 14, 2012
• Uruguay unveils its jurisdictional objections to Philip Morris arbitration claim
  Jan 31, 2012
• ANALYSIS: Latest split amongst ICSID arbitrators over Argentina’s necessity defense in El Paso case reflects wider chasm; role of “state practice” in treaty interpretation also studied
  Jan 29, 2012
• U.S. energy company wins $43 Million plus substantial interest for treaty breaches by Argentina
  Nov 02, 2011
• Tribunal rules that Poland should be reimbursed for legal costs in abandoned investment treaty claim by East Cement
  Oct 26, 2011
• ICSID panels convened in disputes over Uruguay’s tobacco policies, Venezuelan airport concession, Polish health-care venture, and Hungarian energy investment
  Mar 30, 2011
• Panels finalized in ICSID claims against Peru and Romania, and in Jordan annulment proceeding
  Feb 01, 2011
• UNCITRAL Claim by U.S. Hedge Fund clears jurisdictional hurdle in fight over Ecuador electricity investments; Ecuador sought to deny benefits of U.S. investment treaty
  Dec 16, 2010
• New books, articles and reports on investment treaty law: January to May 2010
  Jun 27, 2010
• Profiling the arbitrators selected in Maersk v. Algeria, Urbaser v. Argentina, and Gold Reserve v. Venezuela
  Mar 18, 2010
• Tribunal finalized in arbitration over Ecuadorian power-barges
  Jan 17, 2010
• Arbitrators selected in ICSID proceedings against Cambodia, Ecuador, Jordan, Argentina, Venezuela and Chile
  Jan 16, 2010
• Arbitrators selected in EVN v. Macedonia arbitration
  Oct 14, 2009
• Romania prevails in $132 Million claim as UK investor, EDF (Services) Ltd., fails to prove allegations that Prime Minister’s Office requested a bribe
  Oct 12, 2009
• ANALYSIS: Arbitrators in EDF v. Romania grapple with attribution of state responsibility and costs apportionment
  Oct 12, 2009
• Czech Rep. prevails in separate banking and broadcasting claims; We reveal details of holdings in EMV broadcasting case
  Jul 17, 2009
• Cases Closed: Mittal v. Czech Republic and TransGlobal Petroleum v. Jordan
  May 11, 2009
• ICSID tribunal declines jurisdiction over claim by German investor against Argentina; rejects use of MFN clause
  Dec 11, 2008
• Kazakhstan seeks to annul $125 Million ICSID award in telecoms dispute; we review earlier Kazakh arbitrations
  Nov 12, 2008
• Path cleared for BIT claim by Swedish investors in challenge to Romanian withdrawal of investment incentives
  Oct 01, 2008