Daniel Bethlehem - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Daniel Bethlehem
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[Updated] Ukraine claims victory in chocolate factory arbitration under Russia-Ukraine investment treaty
Nov 19, 2024 -
Three are in place to hear intra-EU BIT arbitration against Romania
Nov 05, 2024 -
Azerbaijan and Iranian investor lay out very different stories in ongoing UNCITRAL case involving conduct by state’s ruling families
Mar 01, 2024 -
Appointing authority dismisses Russia’s challenges to Pierre-Marie Dupuy and Vaclav Mikulka in two Crimea arbitrations
Feb 01, 2024 -
ICSID tribunal exercises its case management powers to bifurcate damages phase
Sep 19, 2023 -
Daniel Bethlehem is tapped to chair Serbian real estate dispute
Jan 27, 2023 -
Familiar claimant lodges treaty case against Azerbaijan; Gabrielle Kaufmann-Kohler is tapped to chair the arbitration
Dec 27, 2022 -
Analysis: Tennant v. Canada tribunal finds that claimant did not own or control investment at time of alleged breach, and did not suffer any loss or damages – thus failing to ground jurisdiction under NAFTA
Dec 23, 2022 -
NAFTA tribunal declines jurisdiction over renewable energy claim against Canada
Dec 22, 2022 -
Newly-published procedural orders in Belbek v. Russia reveal how tribunal dealt with respondent’s belated decision to participate in Crimea case, and offer window into quantum phase of the proceedings
Nov 07, 2022 -
Analysis: UNCITRAL tribunal hearing PrivatBank’s claim for loss of its Crimean assets holds Russia liable for unlawful expropriation
Oct 07, 2022 -
Analysis: Privatbank and Finilon v. Russia tribunal agrees to hear claims related to Crimean assets owned by Ukrainian investors under the Russia-Ukraine BIT
Oct 07, 2022 -
Awards from Russia-Ukraine bilateral investment treaty arbitration surface
Oct 03, 2022 -
ECT tribunal in Cavalum v. Spain awards 7.4 million EUR to PV investor, after finding that only 2 of the claimant’s 7 power plants do not achieve a reasonable rate of return
Oct 03, 2022 -
Cavalum v. Spain intra-EU ECT tribunal dismisses request for reconsideration of previous jurisdictional ruling in view of Green Power award
Sep 09, 2022 -
Russia’s effort to remove entire tribunal in Crimea-related arbitration is rejected
Jul 27, 2022 -
[Updated] Analysis: Arbitration against Switzerland is discontinued after claimant fails to advance costs, and tribunal declines to order respondent to do so
Mar 09, 2022 -
[Updated] Tobacco case against Ukraine is discontinued after Philip Morris scores a victory before local courts
Jan 31, 2022 -
Cavalum v. Spain tribunal finds that interlocutory ICSID decisions upholding jurisdiction are not res judicata, but reckons that the CJEU’s Komstroy Judgment does not warrant reconsideration of intra-EU objection
Jan 25, 2022 -
ICSID arbitration against Switzerland is discontinued
Jan 19, 2022 -
Imminent public hearings on jurisdiction to be held in wind energy NAFTA arbitration against Canada
Nov 09, 2021 -
The US and Mexico chime in on limitation period for continuing breach and ownership requirement in NAFTA arbitration
Jul 05, 2021 -
Tennant v. Canada tribunal rules (again) on bifurcation; deadline for amicus curiae submissions is set
Jun 23, 2021 -
Claimant in wind energy dispute with Canada argues that it has standing, and that its claims are not time-barred
Jun 16, 2021 -
Daniel Bethlehem is tapped to chair tobacco claim against Ukraine
Apr 28, 2021 -
In Qatar v. UAE ICJ case, 11-6 majority finds that Convention against racial discrimination does not apply to differential treatment based on current nationality
Feb 04, 2021 -
Iran’s case against the United States at the ICJ is allowed to proceed, as judges dismiss abuse of process objection and leave “essential security” defence for the next stage
Feb 04, 2021 -
Daniel Bethlehem is tapped to chair first ICSID arbitration against Switzerland
Jan 22, 2021 -
NAFTA tribunal acquiesces to Canada’s second bid to bifurcate Tennant Energy proceedings
Dec 22, 2020 -
EU releases draft list of arbitrators to rule over Brexit disputes – featuring familiar names
Dec 16, 2020 -
Tennant v. Canada tribunal declines request to bar claimant from relying on allegedly confidential information from another NAFTA arbitration; Canada submits jurisdictional objections
Nov 23, 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 -
Analysis: In Cavalum v. Spain, majority finds that promise of reasonable return was the “cornerstone” of Spain’s renewables framework; David Haigh considers that claimants had vested right to higher incentives
Sep 08, 2020 -
Tribunal majority holds that investor in Spanish solar power plants merely had a legitimate expectation of a reasonable rate of return; David Haigh disagrees, seeing specific promises of stability
Sep 02, 2020 -
Disclosure of third-party funding agreement prompts request for early document production in Tennant v. Canada – but the tribunal sees no special circumstances warranting a departure from the original procedure
Jul 20, 2020 -
Analysis: Unpacking the reasons why Spain failed to unseat Kaj Hober from the KS Invest tribunal
May 22, 2020 -
Breaking: ICSID rejects Spain’s bid to disqualify Kaj Hober from KS Invest tribunal
May 18, 2020 -
Hela Schwarz v. China tribunal rejects China’s request for bifurcation, but accepts amendments to the claimant’s request for arbitration
Apr 14, 2020 -
Breaking: Majority in Itisaluna v. Iraq declines jurisdiction over OIC claims; dissenter would have granted access to ICSID arbitration through MFN clause
Apr 05, 2020 -
In Tennant v. Canada, tribunal refuses to order interim measures and security for costs, but mandates third-party funding disclosure; bifurcation request is deemed premature
Apr 05, 2020 -
Spain succeeds in disqualifying arbitrator Kaj Hober in Energy Charter Treaty arbitration
Jan 14, 2020 -
As NAFTA case against Canada goes to a first set of preliminary hearings, parties exchange pleadings on third-party funding, provisional measures, security for costs and bifurcation
Jan 09, 2020 -
UPDATED: Privatbank announces that BIT tribunal has refused to reconsider its jurisdiction and liability award in Russia/Crimea case
Sep 13, 2019 -
Arbitrators decide that EU's GDPR data protection regime does not apply to NAFTA Chapter 11 proceeding
Aug 19, 2019 -
Russia held liable for expropriation of bank operations in billion dollar arbitration, as well as of airport
Feb 15, 2019 -
An overview of our reporting from September-December 2018
Jan 04, 2019 -
Ukraine round-up: Philip Morris BIT threat leads to settlement of dispute; an update on five other pending investment arbitrations
Dec 05, 2018 -
UP and CD v. Hungary: On damages, arbitrators decline to apply a legal risk premium, citing the claimants’ successful lobbying to fend off early regulatory risk
Oct 12, 2018 -
Analysis: In a striking new award, ICSID tribunal rules that Achmea judgment does not cast shadow over ICSID-based arbitration; but efforts to empanel ad-hoc committees to review such intra-EU BIT awards keeps getting harder
Oct 11, 2018 -
UP and C.D. v. Hungary: On the merits, tribunal finds expropriation of the claimants’ investment and awards 23 million EUR plus interest
Oct 11, 2018 -
ICSID Tribunal parts company with arbitrators in another case under same treaty and allows MFN clause to be used to bypass a narrow investor-state arbitration clause
Oct 11, 2018 -
Investor suing China under German investment treaty fails to secure interim restraint of expropriation and destruction of factory
Aug 21, 2018 -
[UPDATED with full analysis] - Another challenge to Gary Born is rejected, this time by Bruno Simma and Daniel Bethlehem in the KS Invest & TLS Invest v. Spain case
May 01, 2018 -
Three are picked to hear Kazakhstan's effort to overturn arbitral award in Aktau Petrol case
Mar 26, 2018 -
Lowe and Douglas dismiss challenge of co-arbitrator Gary Born in Spain case
Mar 16, 2018 -
Kazakhstan moves to annul investment treaty award in favour of Turkish investors
Mar 01, 2018 -
Spain seeks to disqualify arbitrator Gary Born from sitting in solar cases following his strong dissent in JSW Solar v. Czech Republic
Feb 15, 2018 -
Briefly noted: U.S. Court declines to set-aside CAFTA award due to its being a mere "interim" award
Jan 24, 2018 -
Kazakhstan held liable for Turkish BIT breach in Aktau case, awarded approximately $20 million
Nov 14, 2017 -
Daniel Bethlehem to chair Iraq case that relies on bilateral investment treaty and OIC investment agreement
Aug 17, 2017 -
CAFTA tribunal notifies parties of error in earlier jurisdictional award, as proceedings are slated to terminate; separate ruling on transparency is significant
May 01, 2017 -
In Depth: in now-public final award, tribunal sees no dramatic change in Canadian patent law to ground Eli Lilly’s claims of NAFTA breach
Mar 21, 2017 -
Breaking: Canada prevails in Eli Lilly arbitration, as tribunal dismisses NAFTA claim
Mar 17, 2017 -
In jurisdiction ruling, arbitrators rule that Russia is obliged under BIT to protect Ukrainian investors in Crimea following annexation
Mar 09, 2017 -
CAFTA tribunal confirms power to order a stay of its proceedings, but finds claimants' parallel set-aside request an insufficient basis for doing so
Mar 02, 2017 -
Claimants seek set-aside of interim ruling in CAFTA arbitration on Costa Rican sea turtle conservation measures
Jan 24, 2017 -
French investor wins 23 million EUR under France-Hungary BIT
Dec 16, 2016 -
CAFTA time-bar and non-retroactivity rules largely eliminate claims in Spence v. Costa Rica, but tribunal agrees to hear complaints of arbitrary judicial conduct
Oct 31, 2016 -
CAFTA tribunal weighs in with interim award in case arising out of Costa Rica's sea turtle conservation measures
Oct 26, 2016 -
Mexico chimes in on NAFTA interpretation in Eli Lilly v. Canada case
Mar 23, 2016 -
NAFTA pharmaceutical patents case sees U.S.A submission on judicial expropriation, legitimate expectations, and relations with NAFTA intellectual property chapter
Mar 21, 2016 -
Attempted interventions of pharma industry lobby groups and certain academics are nixed in Eli Lilly v Canada NAFTA case
Feb 25, 2016 -
Kazakhstan round-up: new disputes, new tribunals and procedural developments in ongoing cases
Feb 24, 2016 -
An update on three investment treaty claims against Hungary
Feb 24, 2016 -
ANALYSIS: as unprecedented number of would-be amicus curiae intervene in Eli Lilly v. Canada NAFTA case, arbitrators face several dilemmas
Feb 16, 2016 -
More repeat arbitrators continue to emerge as tribunals are finalized in four more ICSID Cases against Spain
Jan 25, 2016 -
Russia disputes round-up: updates on status of 11 known investment treaty claims
Jan 19, 2016 -
Canada raises new jurisdictional objection in Eli Lilly NAFTA case, while investor stands by its judicial expropriation and FET claims
Jan 07, 2016 -
Tribunals constituted in three ICSID solar energy cases brought against Spain
Dec 20, 2015 -
Arbitrator disqualifications: Updates on challenges to Yves Fortier, Bernard Hanotiau and Teresa Cheng - and an early challenge to Brigitte Stern
Dec 01, 2015 -
Russia claims round-up: Swiss company is latest to invoke investment treaty rights against Russian Federation, as treaty claims mount
Nov 03, 2015 -
Kazakhstan makes a move to unseat Bernard Hanotiau in pending ICSID arbitration
Jul 22, 2015 -
First UNCITRAL arbitral tribunal is finalized to hear claim that Russia is liable for harm befalling investments in annexed Crimean peninsula
Jul 14, 2015 -
A second UNCITRAL arbitral tribunal is constituted to hear Crimea claims against Russia, as tribunal selection begins in three further cases
Jul 14, 2015 -
Tribunal is named to hear Turkish investors' attempt to put Kazakh judiciary in the dock
Jul 03, 2015 -
U.S. and El Salvador offer their views on CAFTA interpretation as hearings take place in Spence v. Costa Rica arbitration
Apr 24, 2015 -
In lead-up to CAFTA hearings, parties debate timing of alleged breaches and whether regulatory protection of endangered species is indirect expropriation
Mar 19, 2015 -
In new defence pleading, Canada couches Eli Lilly case as an unmeritorious denial of justice claim, and also rejects investor's expropriation claim
Feb 08, 2015 -
Experts line up in China-Laos BIT set-aside case; Daniel Bethlehem doubts admissibility of post-decision diplomatic correspondence on treaty meaning
Nov 04, 2014 -
Eli Lilly sets out case for patent invalidation being deemed an expropriation - rather than non-compensable governmental action
Oct 19, 2014 -
ICSID Tribunals constituted to hear CEAC v. Montenegro, Alghanim v. Jordan and Le Chèque Déjeuner v. Hungary
Jul 15, 2014 -
Canada unveils its defence to Eli Lilly's NAFTA arbitration claim
Jul 11, 2014 -
As Eli Lilly v. Canada case kicks off, parties compromise on transparency - and U.S.A. & Mexico confirm rights to attend hearings
Jun 17, 2014 -
UNCITRAL Arbitrations Update (Vietnam and Canada): Appointing authorities pick chairs in a pair of investment treaty claims
Apr 09, 2014 -
Central Asia round-up: updates on four UNCITRAL investment treaty arbitrations in the "Stans"
Mar 11, 2014 -
Arbitrators picked for Venezuela, Costa Rica and Kazakhstan cases, and replacement is named after disqualification in Burlington v. Ecuador
Jan 13, 2014