James Crawford - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT James Crawford

• Following the appointment of a replacement chair, UNCITRAL tribunal announces that it will repeat (in abbreviated form) public hearing in Canadian paper mill dispute
  Oct 11, 2021
• James Crawford 1948-2021
  May 31, 2021
• Analysis: Tribunal majority in Eurus v. Spain gives weight to EU law in assessing the claimant’s legitimate expectations
  Mar 29, 2021
• Tribunal in latest Spanish ECT award grants weight to EU state aid obligations and finds sole breach in claw-back measure
  Mar 24, 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
• ICSID tribunal orders Spain to pay 22 million EUR (plus interest) in compensation for claw-back provision
  Jan 27, 2021
• On heels of an ICJ Judge accepting China’s invitation to sit in investor-state arbitration, the Court makes public its guidelines designed to curb such appointments
  Dec 23, 2020
• Imminent public hearings to be held in Canadian paper mill dispute
  Nov 06, 2020
• OIC round up: An update on pending arbitration cases lodged under the OIC Investment Agreement
  Aug 11, 2020
• Revealed: Tribunal in JKX v. Ukraine awarded nearly 12 million USD for arbitrary measures and breach of free transfer clause; Ukraine’s necessity defence was rejected
  Jun 29, 2020
• Looking Back: Tribunals in Trans-Global Petroleum v. Jordan and Brandes v. Venezuela provided the first known interpretations of ICSID Arbitration Rule 41(5)
  Jun 29, 2020
• USA and Mexico submit that NAFTA parties reached a binding subsequent agreement on interpretation of the treaty’s national treatment provision
  Jun 24, 2020
• Breaking: Blusun v. Italy award survives investors’ annulment request; committee sees no failure to consider key evidence on legitimate expectations
  Apr 14, 2020
• Analysis: Majority of BayWa v. Spain tribunal finds that claimants only had expectations of a reasonable rate of return, but decides that claw-back provision violates the ECT; Horacio Grigera Naon sees broader ECT violations
  Dec 05, 2019
• Spain defeats Stadtwerke claim, with Hober dissenting, and secures dismissal of some claims in BayWa case, with Grigera-Naon dissenting; new renewable incentives scheme is adopted
  Dec 04, 2019
• Looking Back: Canfor/Tembec/Terminal softwood lumber arbitrations provided early engagement with questions of parallel NAFTA Chapter 11 proceedings
  Oct 10, 2019
• Looking Back: Dabhol power plant saga led to numerous commercial, investment treaty and inter-state arbitrations, and perhaps foreshadowed India’s later concerns over BITs
  Sep 11, 2019
• ANALYSIS: Canada lays out its merits defence in NAFTA paper mill dispute, touching on subsidies, treatment meted out to companies in different provinces, and whether MST requires that failing companies "be left to fail"
  May 26, 2019
• Looking Back: SGS v. Philippines tribunal adopts drastically different approach to meaning of umbrella clause than that of arbitrators in Pakistan case
  Mar 05, 2019
• In new pleading, U.S. investor Resolute Forest Products Inc., lays out case for why government bail-out of a paper mill in Canada mistreated its competing operations in another Canadian province
  Feb 03, 2019
• Looking Back: On the merits, CMS tribunal finds Argentina liable for breaches of FET and umbrella clause, sparks debate on necessity defense; despite partial annulment and heavy criticism from annulment committee, the award stands
  Jan 30, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• Looking Back: EnCana v. Ecuador tribunal splits on expropriation, disagreeing on role of domestic law; case raised early concerns over parallel arbitral appointments
  Nov 23, 2018
• Poland investment treaty claims round-up: an update on new claims, progress of ongoing cases, and enforcement/set-aside actions
  Nov 16, 2018
• ICJ President reveals that ICJ judges will not participate in investor-state arbitration in the future
  Oct 27, 2018
• An update on eight investment arbitration claims against Canada
  Sep 20, 2018
• Chevron v. Ecuador award analysis: tribunal considers final questions of jurisdiction and surveys evidence of how Ecuadorian environmental trial was (mis)conducted
  Sep 09, 2018
• Looking Back: In World Duty Free v. Kenya, arbitrators refused to enforce a government contract procured through bribery
  Sep 09, 2018
• An update on investor arbitration claims under the Organization for Islamic Cooperation investment treaty
  Aug 15, 2018
• Tribunal chaired by James Crawford upholds jurisdiction in NAFTA claim over Nova Scotia paper mill measures
  Mar 12, 2018
• Looking Back: In first known arbitration under ASEAN Agreement, Yaung Chi Oo Trading v. Myanmar, arbitrators decline jurisdiction due to lack of written approval of investment, and find that the Agreement is not amended by a later treaty
  Mar 05, 2018
• In a new ruling, a tribunal chaired by James Crawford weighs in on prescription, 18 month local remedies requirement, and doctrine of forum non conveniens
  Feb 27, 2018
• Looking Back: ADC v. Hungary established reference to customary international law on compensation for unlawful expropriation, outlined standards for due process, and set precedent for determining compensation at date of award
  Jan 11, 2018
• Looking Back: In Tradex v. Albania case, arbitrators saw jurisdiction under domestic investment law, but claimant fails to prove expropriation or attributability to the state
  Nov 13, 2017
• Award in Crawford-chaired Energy Charter case (JKX v. Ukraine) is upheld in UK courts
  Oct 30, 2017
• Italy claims: A trio of Energy Charter Treaty arbitrations emerge in Stockholm, a tribunal is appointed at ICSID, and some repeat-players are beginning to emerge
  Aug 24, 2017
• NAFTA Chapter 11 tribunal declines joint amicus application by Barry Appleton and Robert Howse 
  Jul 20, 2017
• Looking Back: Vivendi v. Argentina saga explored the relation between contract and treaty claims
  Jul 05, 2017
• ANALYSIS: In lead-up to hearings, parties trade arguments over NAFTA time-bar, meaning of ‘treatment’, and whether one Canadian province’s measure can ‘relate to’ an investor in another province
  Jun 22, 2017
• In Blusun v. Italy award, intra-EU objection is rejected, ECT's environmental impact provision is interpreted, and concerns about lawfulness of investment are overcome due to repeated "acts of approval"
  Jun 07, 2017
• ANALYSIS: in new award, Italian renewables changes appear less dramatic than those in recent Spain case, thus leading to failure of Blusun's FET claim; arbitrators disagree on expropriation assessment
  Jun 07, 2017
• ICSID Annulment Round-Up: requests filed in relation to awards involving Italy, Hungary, Argentina and Venezuela
  May 03, 2017
• International Court of Justice to have rare opportunity to weigh in on meaning of Fair and Equitable Treatment and other investment protections
  Mar 23, 2017
• Czech Republic defeats UK BIT claims over alleged failings in 2008 privatisation process; Griffith/Volterra/Crawford consider umbrella clause and MFN arguments
  Mar 02, 2017
• Looking Back: Eureko v. Poland case triggered early debates over role of domestic law in investment arbitration, and grappled with contract-treaty distinction
  Feb 27, 2017
• Looking Back: in first award involving the US under NAFTA Chapter 11, tribunal found no denial of justice against Canadian investor Mondev
  Feb 17, 2017
• On the wires: Philippines liable for BIT breach; investor that won emergency orders vs. Ukraine does not fare as well in final result; Iranians pursue Bahrain over bank closure
  Feb 12, 2017
• In a new award, Hochtief gets $13.41 million for some Argentine losses, but bulk of damages case falls away under closer scrutiny by arbitrators
  Jan 13, 2017
• As sun sets on one Italy renewables arbitration, another rises
  Dec 09, 2016
• Tribunal is finalized to hear latest forestry-related investment arbitration against Canada
  Oct 14, 2016
• Poland prevails in face of claim under Norway investment treaty; Crawford-chaired tribunal analyzes attribution issues
  Aug 23, 2016
• Crawford to chair Argentine BIT arbitration
  Jul 12, 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
• Italy update: news on five Energy Charter Treaty claims by solar investors
  May 29, 2016
• The Czech Republic: updates on fifteen investment treaty disputes
  May 24, 2016
• Crawford and Collins are each tapped (again) to chair Energy Charter Treaty claims against Spain
  May 04, 2016
• Uruguay: updates on the Philip Morris arbitration, and a new treaty claim filed at ICSID
  Mar 28, 2016
• ICSID renewables claims against Spain reach 23, along with some signs of repeat arbitrator appointments - but no common chairs as yet
  Nov 17, 2015
• INVESTIGATION: new details emerge about use of emergency arbitrators in investment treaty cases, including in Griffin v. Poland dispute
  Oct 08, 2015
• Arbitral claims start to mount against Italy, as new ECT claim lands at ICSID
  Sep 23, 2015
• Poland claims round-up: at least a dozen investment treaty arbitrations
  Jul 29, 2015
• Reasons emerge for dismissal of claim brought by Chinese insurer Ping An against Belgium over Fortis bank bail-out
  May 28, 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
• Ecuador fails to disqualify arbitrators in Chevron BIT case; merits hearings loom in April, as deliberations remain ongoing on earlier issues
  Nov 26, 2014
• INVESTIGATION: Intervention by EU Commission - and expression of doubts on enforceability - preceded investor's decision to drop intra-EU BIT claim
  Oct 21, 2014
• ICSID Tribunals finalized in Blusun and others v. Italy and PNG Sustainable Development Program Ltd. v. Papua New Guinea
  Jun 30, 2014
• Updates on progress of Philip Morris arbitrations against Australia and Uruguay
  Apr 28, 2014
• Following PCA decision, Czech Republic thwarts move by solar investors to sue in single arbitral proceeding; meanwhile Spain sees new solar claim at ICSID
  Jan 01, 2014
• 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
• In newly-disclosed 2010 Energy Charter ruling, arbitrators rule that treaty’s denial of benefits clause operates only prospectively
  Jun 18, 2013
• Arbitrators hold that failings of Kazakh courts don't rise to level of international law breach in Liman Caspian Oil case; but umbrella clause can cover legislative "promises"
  Jun 18, 2013
• Slovakia round-up: Tribunals in place for steel plant and (new) health insurance disputes; assets frozen in Luxembourg in bid to collect on 2012 award
  Jun 12, 2013
• Panelists confirmed for ICSID claim against Montenegro and Deutsche Bank v. Sri Lanka annulment
  Apr 23, 2013
• Sri Lanka breached BIT due to Central Bank and Supreme Court actions; dissenter says highest court did not act in bad faith in financial derivatives dispute
  Feb 21, 2013
• On jurisdiction, arbitrators disagree whether a hedging agreement is an investment covered by bilateral investment treaty and ICSID Convention
  Feb 21, 2013
• On merits, tribunal splits on deference to be shown to Sri Lanka Supreme Court – and whether a debt is expropriated if contractual dispute forum is available
  Feb 21, 2013
• Investor gets a 2 million dollar bump to CAFTA award, but fails to convince tribunal to revisit other parts of award
  Feb 06, 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
• As foreign investors arbitrate with India, the International Court of Justice could play an unusual role
  Nov 12, 2012
• Uruguay takes a new posture in arbitration with Philip Morris company
  Oct 22, 2012
• Parties to Guatemalan railway dispute joust over the need for tribunal to revise damages figures in CAFTA arbitral award
  Sep 19, 2012
• Sudapet remains silent as to reasons for ICSID claim against South Sudan
  Sep 06, 2012
• ANALYSIS: Arbitrators continue to debate whether states deserve a “margin of appreciation” when it comes to how to comply with BIT obligations
  Aug 01, 2012
• First investor-state arbitration filed under CAFTA results in award against Guatemala
  Jul 01, 2012
• ANALYSIS: CAFTA tribunal adopts earlier NAFTA tribunal’s reading of minimum standard; damages conditioned on investor’s handing back keys to railway
  Jul 01, 2012
• Czech solar arbitrations set to proceed, as Constitutional Court upholds retroactive levy
  Jun 13, 2012
• Kazakhstan wins another ICSID arbitration, this time fending off $1 Billion claim by oil investor Caratube International Oil Company
  Jun 07, 2012
• Uruguay unveils its jurisdictional objections to Philip Morris arbitration claim
  Jan 31, 2012
• Public hearings loom in longest-running CAFTA arbitration arising out of Guatemalan railway dispute
  Nov 22, 2011
• South African Court of Appeal overturns far-reaching judgment which had ordered South Africa to compensate a citizen whose property was expropriated by Zimbabwe
  May 13, 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
• Cargill v. Mexico ruling finds three NAFTA breaches; publication of 2009 arbitral award delayed 17 months as redactions debated
  Mar 15, 2011
• Arbitrators in Chemtura v. Canada NAFTA arbitration take economical route in finding no treaty breaches
  Sep 15, 2010
• Arbitrators in Chemtura NAFTA case nix bid to hold Canadian government liable for treaty breaches due to phase-out of toxic chemical
  Aug 28, 2010
• New books, articles and reports on investment treaty law: January to May 2010
  Jun 27, 2010
• Chevron requests interim measures in arbitration with Ecuador
  Apr 22, 2010
• Investor in Guatemala railway dispute outlines details of CAFTA claim
  Jul 17, 2009
• South Africa declines to appeal ruling ordering Gov't to assist farmers; regional tribunal finds Zimbabwe in contempt
  Jun 09, 2009
• Arbitrators decline Guatemala’s request for clarification of jurisdictional ruling in CAFTA railway dispute
  Jan 22, 2009
• ANALYSIS: Canada and US chemical company debate whether ban on Lindane amounts to expropriation or other treaty breach
  Jan 22, 2009
• ICSID preliminary objection is raised by Venezuela in dispute with US investor over telecoms dispute
  Jan 05, 2009
• Recent investment treaty arbitration related articles for December 11, 2008
  Dec 11, 2008
• Tribunal rejects Guatemala’s objection to jurisdiction in CAFTA railroad dispute; but claimant's waiver precludes some claims
  Nov 19, 2008
• Tribunal in CAFTA railway arbitration denies broad request for evidence preservation
  Nov 12, 2008
• South African Court rebukes Government for not affording diplomatic protection to citizen with Zimbabwe farm-holdings
  Sep 08, 2008
• Schedule set for chemical company’s case against Canada; hearings to be closed to public
  Jun 03, 2008