Gary Born - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Gary Born

• Analysis: Tribunal unanimously upholds jurisdiction under Kyrgyzstan’s foreign investment law, but splits on jurisdiction under BIT; dissenter opines that reference to ICSID arbitration cannot be used to access arbitration under ICSID’s Additional Facility Rules
  Aug 15, 2023
• Analysis: At merits stage, tribunal majority sees previous decision as res judicata, finds that Uzbek state entities owned Kyrgyz resorts after downfall of USSR, and holds Kyrgyzstan liable for unlawful expropriation; Zachary Douglas partially dissents
  Aug 15, 2023
• Jurisdictional decision, award, and dissents issued in arbitration against Kyrgyzstan come to light, as the state files for set-aside in the USA
  Aug 07, 2023
• Uncovered: In previously unseen treaty award, panel of Gabrielle Kaufmann-Kohler, William Rowley and Gary Born unanimously decides to hear customary international law claims, but majority finds no breach on the merits
  Jul 20, 2023
• Three are in place to hear high-stakes gold mining dispute, but impact of sanctions on Russian-owned claimant remains unclear
  Mar 30, 2022
• New chair is appointed to head tribunal in Czech renewables dispute
  Feb 12, 2021
• Egyptian company applies for annulment of ICSID award in telecoms dispute with Canada
  Aug 14, 2020
• Mexico fails to set aside NAFTA award at Canadian seat
  Aug 03, 2020
• Swiss Federal Tribunal sees no abuse of rights in corporate restructuring, and declines to set aside liability award in Czech renewables dispute
  Jul 13, 2020
• Breaking: ICSID rejects Spain’s bid to disqualify Kaj Hober from KS Invest tribunal
  May 18, 2020
• Analysis: in Global Telecom v. Canada, arbitrators unanimously reject FET, FPS and free transfer claims, but disagree on national treatment argument and foreign acquisition review exception
  Apr 29, 2020
• Canada round-up: Canada prevails in claim brought by Egyptian investor, as a number of other cases see new developments
  Mar 31, 2020
• Libya wins one and loses one, as new bilateral investment treaty awards are rendered
  Feb 18, 2020
• Czech Republic is unable to overturn its (only) loss in a solar case, as Swiss Federal Tribunal declines to set aside 2017 award on jurisdiction and liability
  Feb 13, 2020
• Kaj Hober is latest arbitrator to be challenged by Spain
  Nov 13, 2019
• ICC award that had declined jurisdiction over Libya survives investors' annulment bid
  Oct 09, 2019
• Analysis: In B-Mex v. Mexico, Verhoosel and Born lay out their views on role of NAFTA Notices of Intent and consequences of some (eventual) claimants not being disclosed from outset of dispute
  Jul 24, 2019
• Analysis: In B-Mex v. Mexico dissent, Raul Vinuesa would have declined jurisdiction over more than two dozen claimants who were not identified in initial NAFTA Notice of Intent
  Jul 24, 2019
• Divided NAFTA tribunal in B-Mex v. Mexico case affirms jurisdiction, and awards claimants some of its legal costs in a partial award
  Jul 22, 2019
• Revealed: reasons why Van Houtte, Beechey, and Landau saw no legitimate expectation to stabilization of Czech solar feed-in-tariffs; newly-seen award also deemed intra-EU objection untimely
  Jun 23, 2019
• Libya Round-up: new investment treaty claims, new rulings, and updates on arbitrator appointments
  May 23, 2019
• Czech Republic prevails in four solar claims, as tribunal of Van Houtte, Landau and Beechey issue final awards
  May 16, 2019
• ICSID tribunal dismisses Kyrgyzstan's preliminary jurisdictional objections in Uzbek case
  May 07, 2019
• Spain tries to remove tribunal chair in renewables case
  Apr 25, 2019
• Poland reportedly prevails in Cypriot investment treaty claim chaired by Bernard Hanotiau at ICC
  Mar 05, 2019
• Further details of Egypt-Canada BIT claim come to light, as tribunal's (non)bifurcation decision is finally released
  Dec 18, 2018
• NAFTA Tribunal of Verhoosel, Born and Vinuesa reverts to parties as it wrestles with meaning of a provision commonly seen in U.S. investment treaties
  Nov 27, 2018
• ICC tribunal weighs in with $40+ million award arising out of Tekfen and TML investment project in Libya
  Nov 06, 2018
• ICSID tribunal decides that it does not have the power to stay the enforcement of its award while a supplementary decision request is pending
  Oct 01, 2018
• An update on eight investment arbitration claims against Canada
  Sep 20, 2018
• Challenge filed against Eduardo Zuleta as hearings loom
  Aug 10, 2018
• Czech Republic: updates on six pending investment treaty arbitrations
  Aug 01, 2018
• Natland v. Czech Republic (Part 1 of 2): Tribunal finds jurisdiction over claimants under three out of four treaties and declines to apply ECT’s tax carve-out to contested measure
  Jul 26, 2018
• Natland v. Czech Republic (Part 2 of 2): On the merits, tribunal finds stabilisation commitment in Czech legislation and breach of that commitment with introduction of Solar Levy
  Jul 26, 2018
• Antaris v. Czech Republic (Part 1): arbitrators find that Czech solar levy is not eligible for Energy Charter Treaty “tax measure” carve-out
  Jul 06, 2018
• Antaris v. Czech Republic (Part 2): on merits, tribunal finds that investment protection does not extend to “speculative” investors
  Jul 06, 2018
• Antaris v. Czech Republic (Part 3): Gary Born sees clearly guaranteed FiT payments and deplores use of “margin of appreciation” doctrine
  Jul 06, 2018
• Tribunal of Verhoosel, Born and Vinuesa hears jurisdictional arguments in Mexico case, and has further questions about NAFTA hurdles to bringing arbitration claim
  Jun 10, 2018
• Arbitrator recuses himself from deciding challenge to a colleague, paving way for Chairman of ICSID Administrative Council to issue ruling - and dismiss challenge to Stanimir Alexandrov
  May 30, 2018
• In now-public Masdar award, tribunal says Achmea ruling has “no bearing” upon ECT dispute, finds that Spain reneged on specific commitments, but disagrees on appropriateness of discounted cash-flow method  
  May 20, 2018
• Beechey, Born and Stern agree on FET breach, but not on damages; tribunal opines that recent ECJ judgment has "no bearing upon" Energy Charter Treaty-based claims
  May 17, 2018
• Another loss for Spain, as arbitrators rule in favour of Abu Dhabi-owned company
  May 16, 2018
• Czech Republic prevails in latest treaty-based solar arbitration to reach a final ruling; we profile remaining cases where rulings are still expected
  May 03, 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
• Reasons for dismissal of recent attempt to disqualify arbitrator Gary Born come to light
  Mar 21, 2018
• Lowe and Douglas dismiss challenge of co-arbitrator Gary Born in Spain case
  Mar 16, 2018
• ANALYSIS: Spain immediately seeks to test whether ECJ judgment reaches to Energy Charter Treaty cases; however request to reopen two closed proceedings also raises specter of arbitrator challenge
  Mar 09, 2018
• Breaking: Spain is held liable in another renewables case; tribunal finds government in breach of Energy Charter Treaty in a new award, ordering 53 million EUR in damages
  Feb 16, 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
• In new Israel-Egypt pipeline rulings, McRae-chaired tribunal finds BIT breaches, and Collins-chaired contract tribunal orders Egyptian state-owned companies to pay $1 billion to investor
  Feb 07, 2018
• Czech solar award comes to light, offering clarity as to tribunal’s handling of jurisdictional questions - including whether “investor” must be defined in light of domestic law
  Jan 28, 2018
• For majority of Kaufmann-Kohler and Tomka in Czech solar case, investor had no legitimate expectation to fixed feed-in-tariffs
  Jan 28, 2018
• In dissent in Czech solar case, Gary Born sees a legitimate expectation to fixed feed-in-tariffs, and complains that co-arbitrators deprive state of ability to provide meaningful “legislative guarantees” to foreign investors
  Jan 28, 2018
• Heiskanen, Born and Thomas see some investment treaty breach in Czech solar case, but debate over remedies is held over for separate phase 
  Jan 26, 2018
• Czech Republic emerges victorious in first of a string of investment treaty arbitrations over solar energy changes
  Oct 13, 2017
• In newly-surfaced UNCITRAL award, investor is awarded $87 million, as Hwang, Schwebel and Born conclude that contract is still binding despite non-compliance with constitutional requirement of parliamentary approval
  Sep 18, 2017
• Analysis: arbitrators see two ways in which international principle of estoppel can be imported into a contract governed solely by domestic law
  Sep 18, 2017
• At damages phase of Bankswitch v. Ghana, lost-profits are treated as sure thing despite no profitability track-record or expert damages report; after hefty discount, investor is awarded $87 million on a “fairly limited” investment of $6 million
  Sep 18, 2017
• As first BIT arbitration against Canada unfolds, some transparency will apply
  Jul 06, 2017
• Mexico lays out its jurisdictional objections to claims brought by US gaming sector investors, and points to allegedly conflicting ownership information submitted in US racketeering case
  Jun 05, 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
• Overview: what's happening in Egypt-Israel gas pipeline arbitrations
  May 02, 2017
• As Libya begins to see wave of investment treaty arbitrations, at least seven Turkish BIT claims are pursued at ICC
  Mar 31, 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
• Overview: Kazakh investors clear jurisdictional hurdles in dispute with Uzbekistan, although further illegality issue looms at merits phase
  Mar 13, 2017
• Investigation: As new cases emerge under Islamic investment treaty, initial viability of claims seems to hinge on willingness of respondents to appoint arbitrators
  Mar 02, 2017
• ICSID Secretary General puts Georges Affaki at the helm of arbitration arising out of telecoms investment in Canada
  Feb 22, 2017
• Gaetan Verhoosel is tapped by ICSID to chair NAFTA arbitration
  Feb 21, 2017
• Kyrgyzstan arbitration round-up: updates on JSC Tashkent, Centerra and Stans Energy cases
  Feb 16, 2017
• ANALYSIS: where do matters stand with respect to Energy Charter Treaty claims against Spain?
  Sep 28, 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
• The Czech Republic: updates on fifteen investment treaty disputes
  May 24, 2016
• Uruguay: updates on the Philip Morris arbitration, and a new treaty claim filed at ICSID
  Mar 28, 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
• Tribunal named to hear double taxation dispute pitting Abu Dhabi state-owned investor against Republic of Korea
  Mar 16, 2016
• Attempted interventions of pharma industry lobby groups and certain academics are nixed in Eli Lilly v Canada NAFTA case
  Feb 25, 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
• 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
• Fernandez-Armesto-chaired ICC tribunal finds $2 billion damages in Egyptian gas case, with other claims - including treaty cases - still pending
  Dec 07, 2015
• ICSID renewables claims against Spain reach 23, along with some signs of repeat arbitrator appointments - but no common chairs as yet
  Nov 17, 2015
• Papua New Guinea's domestic investment legislation does not contain consent to ICSID arbitration, thus derailing dispute over mining venture
  May 07, 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
• Czech Republic: Govt releases cache of BIT awards, strives to collect costs orders, and currently faces eleven pending treaty claims
  Feb 24, 2015
• World Health Organization is given green-light by arbitrators to intervene in Philip Morris v. Uruguay arbitration
  Feb 20, 2015
• Latest developments in the Philip Morris arbitrations against Australia and Uruguay
  Feb 12, 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
• Papua New Guinea is ordered to refrain from altering management or ownership structure of mining company while ICSID arbitration plays out
  Jan 22, 2015
• In Ok Tedi mine dispute, investor and investment have public development purpose that Gov't says should exclude ICSID recourse
  Nov 17, 2014
• Eli Lilly sets out case for patent invalidation being deemed an expropriation - rather than non-compensable governmental action
  Oct 19, 2014
• Round-up: NAFTA case vs. Mexico linked to unpaid ICC award; panels named in Masdar v. Spain & Lahoud v. DRC; UK investor, Krederi, sues Ukraine
  Jul 23, 2014
• As with earlier Argentine cases, avalanche of claims against Spain look set to be resolved by diversely-composed arbitral tribunals
  Jul 15, 2014
• Canada unveils its defence to Eli Lilly's NAFTA arbitration claim
  Jul 11, 2014
• ICSID Tribunals finalized in Blusun and others v. Italy and PNG Sustainable Development Program Ltd. v. Papua New Guinea
  Jun 30, 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
• Updates on progress of Philip Morris arbitrations against Australia and Uruguay
  Apr 28, 2014
• UNCITRAL Arbitrations Update (Vietnam and Canada): Appointing authorities pick chairs in a pair of investment treaty claims
  Apr 09, 2014
• Egyptian LNG dispute lands at ICSID; cancelled licenses in Gambia open door to arbitrations, including by investor previously at odds with Sierra Leone
  Mar 25, 2014
• In shadow of mass solar claims, another UNCITRAL BIT arbitration quietly moves forward against Czech Republic
  Jan 10, 2014
• Kazakhstan: no damages awarded to AES in arbitration under US investment treaty and Energy Charter Treaty
  Nov 04, 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
• 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
• New Books, Articles and Materials on International Investment Law, June 2012 to November 2012
  Nov 26, 2012
• New books, articles and materials on investment treaty law and arbitration: February 2012 to May 2012
  May 22, 2012
• Uruguay unveils its jurisdictional objections to Philip Morris arbitration claim
  Jan 31, 2012
• ICSID panels convened in disputes over Uruguay’s tobacco policies, Venezuelan airport concession, Polish health-care venture, and Hungarian energy investment
  Mar 30, 2011
• Tribunals picked in Bangladesh, Kazakhstan and Venezuela disputes
  Jan 13, 2011
• IN-DEPTH: Tanzania’s handling of City Water deemed an expropriation; tribunal finds project was worthless by time of expropriation
  Jul 28, 2008