Thomas Buergenthal - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Thomas Buergenthal
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Looking Back: The ICJ’s Diallo judgments found that states could exercise diplomatic protection with respect to shareholders’ rights, but not on behalf of local companies controlled by their nationals – while observing that the role of diplomatic protection had “somewhat faded” in light of the growth of investor-state arbitration
May 13, 2022 -
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 -
Result of investment treaty claim finally comes to light in UAB “ARVI” ir ko and UAB “SANITEX” v. Serbia case
Jun 10, 2019 -
Full review of Teinver v. Argentina annulment decision reveals that ICSID ad hoc committee considered role of third-party funding industry's code on best practices, as well as power of attorney questions
Jun 02, 2019 -
In Teinver case, Argentina fails in its bid to set aside hefty award of $320 million (plus pre and post award interest)
May 29, 2019 -
Looking Back: In early BIT case, sole arbitrator declines jurisdiction over Philippe Gruslin's claims arising out of mutual fund investments allegedly harmed by Malaysian currency controls
May 26, 2019 -
ICJ President reveals that ICJ judges will not participate in investor-state arbitration in the future
Oct 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 -
Argentina seeks to undo $400 million victory in favor of Spanish investors and Burford Capital
Nov 22, 2017 -
In-depth: unpacking the admissibility and liability holdings in the Teinver v. Argentina award
Jul 26, 2017 -
In-depth: exploring the valuation methodology, treatment of counter-claims and the dissenting opinion in the Teinver v. Argentina case
Jul 26, 2017 -
Argentina liable to pay upwards of $400 million for unlawful expropriation of airlines, but dissenter sees no BIT jurisdiction and questions role of litigation funder that stands to earn nine figure recovery
Jul 23, 2017 -
Looking Back: Preliminary rulings in Maffezini v. Spain kicked off debate over MFN and dispute settlement, but also addressed attribution and security for costs
Feb 06, 2017 -
Looking Back: Merits award in Maffezini v. Spain award offered early confirmation that BITs are not insurance policies
Feb 06, 2017 -
ANALYSIS: tribunal declines to enjoin Argentine criminal proceedings, orders publicization ban, and stays mute on implications of finding that prior orders were breached
Apr 13, 2016 -
With final arbitral award looming, Argentine prosecutor files criminal complaint against ICSID claimants, their lawyers and funders
Sep 17, 2015 -
Balkans Round-Up: updates on investment claims against Croatia, Serbia, and Albania
Feb 04, 2015 -
Former ICJ Judge reaffirms view that sitting arbitrators should not serve as advocates in investment treaty arbitrations
Feb 16, 2012 -
Bangladesh prevails in arbitration with Chevron
May 26, 2010 -
Arbitrators selected in ICSID proceedings against Cambodia, Ecuador, Jordan, Argentina, Venezuela and Chile
Jan 16, 2010