Ian Binnie - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Ian Binnie

• [Updated] Oil refinery ICSID arbitration against Romania concludes with an award
  Nov 29, 2024
• Analysis: ICSID tribunal in Al Ramahi v. Hungary finds no denial of justice in regular application of bankruptcy law by Hungarian courts; 8 billion EUR fine was “shockingly disproportionate”, but later corrected by domestic legal system
  May 16, 2024
• Politically-charged arbitration against Georgia concludes with Award
  Apr 19, 2024
• Revealed: ICSID tribunal in MetLife v. Argentina sees no customary international law limitation period and finds that state expropriated pension fund’s assets, but quantum is reduced to fraction of damages claimed
  Apr 17, 2024
• ICSID tribunal dismisses claimant’s request for rectification of uranium mining award
  Jul 31, 2023
• Analysis: Naftogaz tribunal majority finds that all investments fall within the temporal scope of the Ukraine-Russia BIT, and orders Russia to pay 4.2 billion USD on account of an expropriation of the claimant’s Crimean assets
  Jun 26, 2023
• Awards in Naftogaz v. Russia surface in the context of US enforcement proceedings, after tribunal agrees to correction of clerical errors
  Jun 23, 2023
• Analysis: In recently-surfaced rectification decision, Lone Star v. South Korea tribunal finds that the claimants’ response to the state’s request amounts to a new – and untimely – rectification application; damages are reduced by 500,000 USD
  May 30, 2023
• ICSID tribunal issues rectification decision in Lone Star v. South Korea arbitration
  May 09, 2023
• US company files for rectification of ICSID award in mining dispute with Turkey
  Apr 19, 2023
• Naftogaz is awarded 5 billion USD in Crimea-related BIT arbitration against Russia
  Apr 13, 2023
• [Updated with Award] Analysis: Westwater v. Turkey tribunal decides that cancellation of uranium licenses breached the Turkey-USA BIT, but only awards 1.3 million USD in sunk costs, plus interest and legal fees; lost profits claim is rejected based on lack of causation
  Mar 14, 2023
• [Updated] ICSID tribunal hearing uranium mining claim against Turkey finds treaty breach, but awards only a fraction of damages sought
  Mar 06, 2023
• Having declined jurisdiction due to invalid litigation waiver, UNCITRAL tribunal orders claimant to bear 1 million USD in costs
  Nov 14, 2022
• Analysis: Tribunal majority in Lone Star v. Korea decides that financial regulator acted in its own self-interest by covertly lowering the investor’s exit payment; dissenter doubts this finding on the facts, and sees no wrongful conduct or causality
  Oct 10, 2022
• Award surfaces in high stakes Lone Star v. Korea arbitration
  Sep 29, 2022
• ICSID Chair dismisses bid to disqualify ad hoc committee members in Conoco v. Venezuela case, following recommendation by Ian Binnie
  Sep 28, 2022
• Breaking: South Korea is found liable for treaty breach in Lone Star banking dispute
  Aug 31, 2022
• Analysis: Majority dismisses treaty case due to defective litigation waiver; tribunal chair would have allowed the claimant to cure this deficiency
  Aug 25, 2022
• [Updated with a copy of the Award] Peru claims victory in arbitration under Trade Promotion Agreement with the USA
  Aug 11, 2022
• Laos defeats bid by casino investors to set aside pair of awards; court emphasizes that arbitrators have a “public duty” to address issues of corruption
  Sep 10, 2021
• The United States chimes in on mandatory bifurcation objection and local litigation waiver under US-Peru Trade Promotion Agreement
  Aug 27, 2021
• Revealed: ICSID ad hoc committee in Cortec v. Kenya opines that supplementary decision mechanism is the proper remedy for infra petita awards, and dismisses bid to annul finding that investment treaties contain an implicit legality requirement
  May 18, 2021
• [Updated with Award] ICSID tribunal dismisses denial of justice claim in hotel dispute with Hungary
  Apr 20, 2021
• Kenya defeats bid to annul mining award that read implicit legality requirement into the Kenya-UK BIT
  Mar 24, 2021
• In a nod to the Renco saga, an UNCITRAL tribunal in Amorrortu v. Peru decides to bifurcate the respondent’s local litigation waiver objection, raising concerns about the US-Peru TPA’s limitation period
  Feb 11, 2021
• UNCITRAL tribunal orders disclosure of third-party funder, but claimant is not required to reveal the terms of the funding agreement
  Nov 05, 2020
• Gas sales arbitration against Egypt is discontinued at ICSID
  Sep 16, 2020
• Libya round-up: New tribunals, a discontinuation, and further details about a number of investment arbitrations against the state
  Aug 11, 2020
• In an under-the-radar arbitration, US businessman claims corruption on the part of Peruvian officials who denied him opportunity to invest in oilfield
  Jul 08, 2020
• Arbitrators comings and goings: One newly-revealed tribunal in under-the-radar OIC Treaty case, and two tribunal reconstitutions
  Jul 05, 2020
• Egypt round-up: a settlement agreement, a new tribunal, and an update on 11 other arbitration claims against the state
  Jun 17, 2020
• A tribunal is in place to hear treaty-based telecoms claims against Georgia
  Jun 10, 2020
• Co-arbitrators reject challenge to Brigitte Stern in Egyptian gas dispute
  Jun 05, 2020
• Westwater v. Turkey tribunal declines bifurcation request, but arbitrators disagree on bifurcation of cooling-off period objection
  Apr 30, 2020
• Spain files for annulment of €42 million ECT award
  Apr 08, 2020
• Analysis: In WRB v. Grenada (2) award, arbitrators order Grenada to repurchase shares in local electricity provider at above fair market value
  Mar 24, 2020
• Breaking: Tribunal rules that government must repurchase foreign investor's stake in local electricity company after legislation that ended investor's monopoly position
  Mar 20, 2020
• Three are in place to hear dispute over Romanian oil refinery
  Feb 18, 2020
• Turkey round-up: an update on developments in the Ipek, Cascade and Westwater Resources BIT arbitrations
  Feb 03, 2020
• After tribunal is constituted to hear Egypt claim, investors lodge a challenge to Brigitte Stern
  Dec 12, 2019
• Permanent Court of Arbitration once again steps in to designate an appointing authority after investor gets silent treatment from Organisation of Islamic Cooperation
  Nov 06, 2019
• ICSID annulment committee orders continuation of stay of enforcement, subject to pledge of IP rights as security
  Sep 04, 2019
• Analysis: in Lao Holdings v. Laos and Sanum v. Laos awards, arbitrators see bad faith conduct that should deprive claimants of treaty protection - but claims would fall short anyway
  Aug 08, 2019
• Laos prevails in treaty-based arbitration, as Binnie-chaired tribunal finds bad faith on the part of investor; large payments to witness who failed to appear are looked upon suspiciously
  Aug 06, 2019
• Breaking: Spain ordered to pay 41.7 million in new ECT award, as tribunal of Binnie, Haigh and Veeder reject intra-EU objection and deem Spanish renewables legislation to be a specific obligation to investor; claimant 9Ren is subsidiary of US private equity fund First Reserve
  Jun 02, 2019
• ICSID taps former Freshfields partner to chair annulment committee that will review Kenyan arbitral award
  May 07, 2019
• Tribunals constituted in ICSID cases against Qatar and Turkey
  May 03, 2019
• Binnie-chaired tribunal sees no reason to bifurcate MetLife Insurance's investment arbitration against Argentina
  Apr 01, 2019
• Funder-backed investors seek to overturn tribunal's "black swan" finding that investment treaties contain implicit legality requirement; two tribunals independently reached such a view last year
  Mar 20, 2019
• In new BIT ruling, Russia found liable for expropriation of Naftogaz assets
  Mar 01, 2019
• ANALYSIS: In Kenya award, tribunal reads legality requirement into investment treaty and ICSID Convention, and dismisses claims based on mining license that was issued at eleventh hour before change in government
  Oct 24, 2018
• Kenya wins BIT arbitration, as Binnie-chaired tribunal finds that miner failed to comply with local environmental legislation requirement; separate corruption defence frowned on
  Oct 23, 2018
• Chinese state-owned investor settles treaty claim after 2017 jurisdictional ruling that took generous view of treaty's scope for arbitration of claims; recent ruling in Libya case adopted differing approach to similar clause
  Jun 12, 2018
• Tribunals constituted for arbitration claims against Hungary and Ivory Coast - with Binnie and Fathallah in chairs
  Jun 07, 2018
• Three are picked to hear Kazakhstan's effort to overturn arbitral award in Aktau Petrol case
  Mar 26, 2018
• Kazakhstan moves to annul investment treaty award in favour of Turkish investors
  Mar 01, 2018
• Arbitrator comings & goings: Binnie, Bulnes, and Kim are tapped to chair a trio of new proceedings, as Pryles, Cheng and Ramirez-Hernandez resign from cases
  Feb 12, 2018
• BIT arbitration is revived after arbitrators find material breaches by government of earlier settlement, including commitment to desist with ongoing criminal investigations
  Dec 17, 2017
• Kazakhstan held liable for Turkish BIT breach in Aktau case, awarded approximately $20 million
  Nov 14, 2017
• Parties select Ian Binnie to chair arbitration over electricity investment
  Nov 13, 2017
• Former Canadian Supreme Court Justice Ian Binnie is tapped to chair latest Russia BIT arbitration
  Jul 20, 2017
• ANALYSIS: In Yemen decision, tribunal situates its reasoning on narrow jurisdictional clause within context of other prior cases under Chinese and Russian treaties
  Jun 07, 2017
• In new ruling, Chinese investment treaty is deemed broad enough to ground expropriation claim against Yemen, but MFN clause does not permit further broadening of claims
  Jun 05, 2017
• Laotian casino investor goes back to ICSID tribunal with allegations of settlement breach, and files a second BIT arbitration
  May 05, 2016
• Spain update: more claims surface in Stockholm and at ICSID, and several new tribunals are finalized
  Mar 03, 2016
• Kazakhstan round-up: new disputes, new tribunals and procedural developments in ongoing cases
  Feb 24, 2016
• Arbitrator disqualifications: Updates on challenges to Yves Fortier, Bernard Hanotiau and Teresa Cheng - and an early challenge to Brigitte Stern
  Dec 01, 2015
• Former Canadian Supreme Court Justice to chair investor claim against Kenya arising out of mining license cancellation
  Nov 20, 2015
• Kazakhstan makes a move to unseat Bernard Hanotiau in pending ICSID arbitration
  Jul 22, 2015
• Tribunals constituted at ICSID in cases against Bosnia-Herzegovina and Yemen
  Jul 22, 2015
• Tribunal is named to hear Turkish investors' attempt to put Kazakh judiciary in the dock
  Jul 03, 2015
• Arbitrators reject ICSID claimant's contention that Government of Laos breached earlier settlement of BIT claims
  Jun 16, 2015
• ICSID Arbitrators decline certain provisional measures requests made by investor in Laotian casino dispute
  Mar 19, 2015
• Laos casino dispute lurches back to life, as arbitrators find that they have jurisdiction to determine if settlement was breached
  Jan 05, 2015
• China offers support to Laos, in latter's bid to set aside arbitrators' expansive reading of China-Laos BIT
  Jul 21, 2014
• Laos can't prove that tax dispute arose before investor became eligible for BIT protection; failure to raise "abuse of process" objection is missed opportunity
  Feb 23, 2014
• Tribunals selected to hear two parallel investment treaty claims brought by casino investors against Laos
  Apr 03, 2013