Bernardo Cremades - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Bernardo Cremades

• 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
• Looking Back: ICSID tribunal in Pluspetrol v. Perupetro rejected the claimants’ request for declaratory relief, but upheld the respondent’s counterclaim on the merits
  Jun 07, 2023
• ICC tribunal issues award in multi-layered Panama Canal dispute
  May 17, 2023
• Looking Back: Noble Energy v. Ecuador tribunal agreed to hear disputes based on three different legal instruments in one single proceeding
  Aug 31, 2022
• Moldova defeats 900 million EUR investment treaty arbitration that had spawned two separate emergency arbitrator awards
  Aug 04, 2022
• ICSID arbitration against Belarus is discontinued for failure to pay advances on costs
  Jun 06, 2022
• Analysis: Cremades-chaired tribunal finds conduct by Kazakhstan’s judiciary “questionable”, but deems it insufficiently flawed to amount to a denial of justice
  Apr 01, 2022
• Award in opaque arbitration against Kazakhstan surfaces, revealing reasons for dismissal of denial of justice claim
  Mar 29, 2022
• Revealed: SCC tribunal found that administrative delays in issuing gas mining licenses did not amount to ECT breach by Poland
  Feb 08, 2022
• ICSID tribunal dismisses half-billion USD treaty claim against Kazakhstan
  Nov 29, 2021
• Looking Back: High-profile tribunal hearing one of Venezuela’s earliest ICSID cases discussed foreign control requirement, force majeure, lost profit, and compound interest
  Sep 02, 2021
• Mining investors announce settlement of ICSID arbitration against Egypt
  Sep 01, 2021
• Serbia files for annulment of still-confidential investment fund award
  Jul 14, 2021
• Poland claims victory in under-the-radar ECT arbitration
  Jul 12, 2021
• Looking Back: Lanco v. Argentina tribunal rejected jurisdictional objections based on forum selection clause and derivative shareholder claims
  Jul 01, 2021
• Tribunal is in place to hear mining claim under the Peru-USA TPA
  Apr 02, 2021
• Kazakhstan Round-Up: New threats, details about a mining award, and an update on other arbitration disputes against the state
  Apr 01, 2021
• Looking Back: In Amto v. Ukraine, arbitrators discussed denial of benefits under the ECT, and found that failure by state-owned company to pay outstanding debt did not give rise to a treaty breach
  Mar 19, 2021
• Analysis: Tribunal majority finds that Italy’s renewables framework gave rise to legitimate expectations, but these did not include expectations of a fixed level of incentives; dissenter would have awarded damages for unfair treatment
  Mar 03, 2021
• Breaking: Tribunal majority dismisses renewables claim against Italy on the merits; dissenter would have found that modification of feed-in tariffs through the Spalma Incentivi decree violated the ECT
  Feb 26, 2021
• Poland Round-Up: A new award, a newly-identified tribunal, and other procedural updates on Polish cases – including a previously unknown judgment from set-aside proceedings
  Feb 04, 2021
• Looking Back: In Fraport v. Philippines (1), a tribunal majority declined jurisdiction after deciding that an airport concession investment had been made in violation of local law
  Jan 27, 2021
• Award in favour of Russia surfaces, as claimant seeks to set it aside in Spanish courts
  Dec 09, 2020
• Bosnia claims victory in treaty-based arbitration
  Dec 04, 2020
• Panama Canal consortium initiates set-aside proceedings against commercial award, alleging failure to disclose potential conflicts of interest
  Dec 01, 2020
• Looking Back: Tribunal in Salini v. Morocco outlined objective definition of ‘investment’ under the ICSID Convention
  Nov 23, 2020
• Tribunal in Egyptian mining arbitration finds advance consent to ICSID arbitration in Australia-Egypt BIT
  Oct 12, 2020
• Bernardo Cremades tapped to chair second Glencore v. Colombia arbitration
  Sep 17, 2020
• Revealed: Reasons surface why SCC emergency arbitrator ordered Moldova to refrain from cancelling airport concession contract
  Aug 13, 2020
• Chisinau airport dispute gives rise to a second SCC emergency decision; three are in place to hear the main arbitration claim
  Aug 04, 2020
• [UPDATED WITH FULL ANALYSIS]: ICSID annulment committee upholds award against The Gambia, dismissing claim of improper tribunal constitution
  Jul 08, 2020
• Analysis: Pugachev v. Russia tribunal sees no obstacle to BIT claims by dual national, but a majority declines jurisdiction after finding no foreign nationality at the time of the investment
  Jun 23, 2020
• [Updated] Russia announces that it prevailed in billion-dollar Pugachev v. Russia arbitration
  Jun 22, 2020
• Looking Back: In Julian Crespo v. Poland, ICC tribunal offered an early analysis of the arbitrators’ power to order security for costs; on the merits, a majority found the state liable for a breach of the Poland-Spain BIT, but declined to award any damages
  Jun 12, 2020
• Revealed: Arbitrators in Pan American Energy v. Bolivia disagreed on whether jurisdictional questions could be raised under ICSID Arbitration Rule 41(5) but found that, in any case, the investor’s claims did not manifestly lack legal merit
  May 06, 2020
• Balkans round-up: Slovenian and Macedonian cases are discontinued, Bulgaria case moves to the merits, and awards loom in a quartet of other cases in the region
  Feb 03, 2020
• Looking Back: NAFTA tribunal declined to consolidate parallel investor claims against Mexico, citing confidentiality concerns between fiercely competitive claimants and limited risk of inconsistent decisions
  Jan 15, 2020
• Ecuador round-up: an update on arbitration proceedings against the State, including unreported cases and looming awards
  Dec 30, 2019
• Egypt Round-Up: an update on developments in three treaty-based cases
  Dec 13, 2019
• 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
• Divided ICC tribunal orders Argentina to pay +$67 million (US), after majority derives consent from a draft arbitration agreement
  Aug 27, 2019
• Tribunal constituted in Moti Ramot and Remi Levy v. Bulgaria arbitration
  Aug 13, 2019
• Looking Back: Salini v. Jordan tribunal was one of the first to chime in on a number of important jurisdictional issues; claimants ultimately left empty-handed
  Aug 07, 2019
• ICSID tribunal dismisses Kyrgyzstan's preliminary jurisdictional objections in Uzbek case
  May 07, 2019
• Looking Back: In RFCC v. Morocco, tribunal adopts objective test for investment under the ICSID Convention; annulment committee declines to annul award over immaterial contradiction in reasoning
  Apr 21, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• Looking Back: LETCO Timber company prevailed against Liberia, and arbitrators considered issues of foreign control, specific performance and bad faith by non-appearing respondent
  Jan 02, 2019
• ANALYSIS: In Mera v. Serbia jurisdictional decision, tribunal clarifies meaning of “corporate seat” and pointedly disagrees with majority in CEAC v. Montenegro case
  Dec 04, 2018
• Segesser-chaired tribunal upholds jurisdiction over Serbia, finding that claimant has seat in Cyprus and that protecting round-tripped investment is not contrary to object and purpose of ICSID Convention
  Dec 03, 2018
• Egypt Round-up: an update on new investment claims, settlements, and arbitrator appointments
  Nov 30, 2018
• Nayla Comair Obeid is tapped to chair Egyptian BIT claim
  Nov 10, 2018
• Panel of Cremades, McRae and Chen weigh in on conditions for stay of enforcement of mining award against Gambia, and effect of domestic liquidation process on investor's power to hire counsel
  Oct 22, 2018
• Crowded out of spotlight due to myriad of high-profile claims against Indian state, a series of BIT claims by Indian investors advance with less fanfare
  Sep 24, 2018
• Latest investor arbitration against Belarus to be chaired by Bernardo Cremades
  Sep 17, 2018
• Replacement arbitrator is named by Kazakhstan after earlier nominee was disqualified
  Jun 19, 2018
• In a rare development, a pair of ICSID arbitrators decide that a colleague must be disqualified
  May 04, 2018
• Emergency arbitrator Bernardo Cremades orders Mongolian state to ensure businessman has "reasonable access" to counsel, but declines to order state to free him from prison
  Apr 03, 2018
• Looking Back: long-confidential Benhamou v. Uruguay award is unearthed, revealing first known attempt at state-to-state BIT consultations over interpretive question, and tribunal's handling of claims by beneficiary of trust
  Apr 02, 2018
• Balkans round-up: catching up on various investment treaty claims in South-East Europe, including tribunal constitution, an arbitrator challenge, and other key developments
  Mar 04, 2018
• Energy Charter Treaty award in favour of Turkey survives set-aside bid by Cem Uzan
  Mar 02, 2018
• Arbitrators order Russia to suspend its attempts to extradite claimant in ongoing BIT case; now-public ruling is latest to shed light on criteria for ordering interim measures against criminal/extradition proceedings
  Nov 05, 2017
• In Pugachev v. Russia arbitration, tribunal rules on requests for security for costs, disclosure of third-party funding, and an unusual security-for-claim request
  Nov 05, 2017
• Balkans round-up: New claims, new tribunals and new developments in Serbia, Bosnia, and Croatia
  May 24, 2017
• Looking Back: In Impregilo v Pakistan case, arbitrators needed to grapple with distinction between treaty/contract claims and scope of umbrella clause
  May 22, 2017
• Latest Energy Charter Treaty claim against Italy to be chaired by Bruno Simma
  May 03, 2017
• UNCITRAL BIT tribunal awards all costs to Dominican Republic after Panamanian investor withdraws claims
  Apr 24, 2017
• Russia BIT claims: recent developments in arbitrations against the Russian Federation
  Apr 13, 2017
• Looking Back: in Waste Management v. Mexico, two tribunals discuss waivers, res judicata, the meaning of Fair and Equitable Treatment, and much else
  Feb 27, 2017
• Kyrgyzstan arbitration round-up: updates on JSC Tashkent, Centerra and Stans Energy cases
  Feb 16, 2017
• In newly-surfaced ruling, MFN can't be used to bypass fork-in-the-road, and latter clause defeats most of investor's claims against Egypt
  Dec 28, 2016
• Cremades-chaired UNCITRAL BIT tribunal to hear arguments that state is liable for failing to prevent illegal construction activity that impinged on foreign investment
  Dec 19, 2016
• Tribunal in Getma v Guinea grant investor's request for Supplementary ICSID Decision
  Dec 15, 2016
• ANALYSIS: Failure to clarify regulatory uncertainty on offshore wind underpins NAFTA breach in Windstream v. Canada
  Dec 07, 2016
• NAFTA award in Windstream v. Canada is finally published
  Dec 06, 2016
• Breaking: U.S. investor awarded $25 million for NAFTA breach by Canada
  Oct 13, 2016
• ICSID tribunal in Getma v. Guinea rejects state’s corruption and fraud claims, but dismisses investor’s bid to present contract termination as expropriation
  Aug 31, 2016
• Getma tribunal finds some breaches of Guinean Investment Law, but awards minimal compensation; dissenter highlights ‘denial of justice’ in parallel OHADA proceedings
  Aug 31, 2016
• Latest Uzan v. Turkey arbitration fails, as SCC tribunal looks past claimant's permanent residence in France and dwells on "domestic" origins of disputed investment
  Aug 23, 2016
• In-depth: in Copper Mesa case, jurisdictional objections were waved away; Ecuador breaches BIT due to failure to protect investor from protesters
  Jun 05, 2016
• Veeder-chaired panel hold Ecuador liable for BIT breach, but mining corp gets only sunk costs - and sees damages claw-back due to its "unclean hands"
  Jun 01, 2016
• In-depth: exploring the reasons why an ICSID annulment committee has declined Romania's bid to annul Micula award
  Feb 28, 2016
• European Commission's arguments before Micula annulment committee are dismissed, but E.C. says that its non-enforceability arguments are gaining purchase in member-state courts
  Feb 28, 2016
• Breaking: Controversial arbitral award against Romania is upheld, thus affirming $250+ million compensation for Micula brothers
  Feb 26, 2016
• As Windstream v. Canada hearings loom, parties spar over merits arguments - and local court decisions reject a competitor's effort to challenge electorally-motivated measures
  Feb 07, 2016
• Recent post-award developments in the Micula v. Romania I case
  Sep 10, 2015
• In first exchange of pleadings in Windstream v. Canada NAFTA arbitration, parties spar over why offshore wind farm project foundered
  May 26, 2015
• As Canada straddles CETA and NAFTA, an effort is made in a new pleading to define legitimate expectations
  May 26, 2015
• Ecuador round-up: Key rulings loom in half-dozen cases, including windfall levy disputes, Occidental annulment, and several lesser-noticed arbitrations
  Apr 10, 2015
• In Al Warraq v. Indonesia award, arbitrators devote bulk of their analysis to assessing investor's treatment in light of UN human rights treaty norms
  Dec 19, 2014
• Indonesia's prosecution of bank investor breaches international law, but arbitral claim fails due to investor misdeeds; counterclaim also fails
  Dec 17, 2014
• As Micula brothers sue European Commission, an ICSID Ad-Hoc Committee weighs in on EC's latest plea to be heard in Micula v. Romania
  Dec 10, 2014
• Stay is lifted on $250 million ICSID award after Romania fails to give assurance that award would be paid in the event of non-annulment
  Oct 08, 2014
• New twists in EU injunction of Romania: European Commission offers more details, as ICSID ad-hoc committee gives Romania an ultimatum
  Aug 19, 2014
• European Commission enjoins Romania from paying ICSID award, thus throwing a wrench into enforcement of intra-EU BIT ruling
  Aug 07, 2014
• Two wins for states at ICSID, as Egypt prevails over H&H Enterprises and Poland defeats claims by Robert Lewis and David Minnotte
  May 19, 2014
• ICSID panelists in place in Courts v. Madagascar arbitration and Micula v. Romania (annulment) proceedings
  May 15, 2014
• After final hearings in first arbitration under Organization for Islamic Conference investment pact, the text of 2012 jurisdictional ruling comes to light
  May 02, 2014
• Resolution of Algerian telecoms battle quells UNCITRAL arbitration, but ICSID claim by former owner of "Djezzy" will continue
  Apr 22, 2014
• Egypt update: As another arbitration lands at ICSID, tribunals chosen for three earlier claims lodged by businessman Ossama Al Sharif
  Sep 30, 2013
• Arbitrators selected to hear UNCITRAL investment treaty claim arising out of governmental moratorium on offshore wind farms
  Sep 22, 2013
• In previously unpublished award, arbitrators find jurisdiction to hear Ukraine’s counter claim under treaty, but also find unfair treatment and expropriation
  Jun 12, 2013
• In latest ICSID ruling, arbitrators dismiss Albania gambling dispute on jurisdictional grounds
  May 30, 2013
• Arbitrators reject Bolivian objection that Pan American's claims are manifestly without legal merit; effects of ICSID denunciation at issue in case
  Apr 30, 2013
• Tribunals in place for UNCITRAL and ICSID claims against Algeria by shareholders alleging billions in losses in Djezzy telecoms venture
  Apr 25, 2013
• Arbitrators find Moldova breached one treaty protection, but give government time to try restitution in order to lower $2.8 million damages bill
  Apr 11, 2013
• In Moldova case, arbitrators reject denial of justice and expropriation claims, but see no exhaustion of remedies requirement for latter
  Apr 11, 2013
• French investor, Franck Charles Arif, wins on fair and equitable treatment aspect of ICSID arbitration against Moldova, but loses moral damages claim
  Apr 11, 2013
• Arbitrators hold that contract wording – and claim pending thereunder – may narrow claims eligible for arbitration under Republic of Guinea’s Foreign Investment Law
  Feb 06, 2013
• Saudi investor dusts off long-ignored Islamic treaty and uses it to arbitrate with Indonesia over banking dispute
  Sep 19, 2012
• ANALYSIS: Indonesia says 1981 inter-Islamic pact does not offer consent to investor-state arbitration, but tribunal uses “contemporary” interpretation and finds consent
  Sep 19, 2012
• Full reasons come to light for ICSID's decision to reject effort by Guinea to disqualify arbitrator
  Jul 17, 2012
• ANALYSIS: Umbrella clause and fair and equitable treatment claims founder in Unglaube v. Costa Rica eco-tourism case due to inability to show that state had made key promises
  Jul 09, 2012
• ANALYSIS: Tribunal in Costa Rica case rejects investors’ reading of non-discrimination obligation; affirms that adequate legal remedies are part of fair and equitable treatment
  Jul 09, 2012
• DAMAGES ANALYSIS: Arbitrators in Costa Rica case wrestle with how to compensate an unlawful expropriation when treaty is silent
  Jul 09, 2012
• Challenge to Bernardo Cremades in Guinea arbitration is declined by Chairman of ICSID Administrative Council
  Jul 03, 2012
• Arbitrators in Egyptian resort arbitration examine veil-piercing, doctrine of prescription, and whether host state's actions served to waive approval requirements
  Jun 07, 2012
• Costa Rica held liable for breach of investment treaty in beach property expropriation cases, but avoids liability for broader claims
  May 22, 2012
• Guinea (Conakry) seeks to disqualify Bernardo Cremades from sitting as arbitrator in port concession dispute
  Apr 30, 2012
• Kuwaiti investor may restart discontinued ICSID claim labeled ‘duplicative’ by parallel ICC tribunal
  Apr 30, 2012
• Ukraine’s liability to German investor is quantified in BIT dispute
  Mar 26, 2012
• ICSID Round-Up: Arbitrators announced for claims against Albania, Guinea, Peru and Turkey annulment case
  Mar 14, 2012
• Copper miner files its statement of claim in previously-unannounced ad-hoc arbitration against Ecuador
  Mar 01, 2012
• Poland wins investment treaty arbitration with EU investor; government sits on growing cache of unpublished rulings
  Feb 07, 2012
• Panels selected in ICSID matters involving Moldova, Egypt, and the Central African Republic
  Jan 13, 2012
• New International Investment Law Works: May 2011 to January 2012
  Jan 13, 2012
• ICSID Docket Round-Up: Four tribunals are announced in Peru, Venezuela, Albania and Romania cases; ICSID picks chairs in two cases following deadlock
  Dec 01, 2011
• Fraport files new claim at ICSID over expropriation of airport terminal project; Annulment committee ruling paved way for new hearing by finding breach of investor's right to be heard
  Mar 31, 2011
• Details come to light of final ruling in German investor’s arbitration with Ghana; fraud allegations do not preclude jurisdiction, but could be relevant to merits
  Sep 28, 2010
• Jurisdictional ruling issued in Germany-Ukraine BIT case
  May 07, 2010
• Arbitrators selected in Egypt and Venezuela cases; new claims against Peru and Uzbekistan, and Turkmenistan
  Feb 09, 2010
• Arbitrators selected in Egypt and Venezuela cases; new claims against Peru and Uzbekistan, and Turkmenistan
  Feb 09, 2010
• Dominican Republic settles trio of electricity arbitrations
  Sep 19, 2009
• Analysis: arbitrators diverge as to whether Mexican tax is performance requirement, and a legit counter-measure
  Apr 06, 2009
• Arbitrators rule that Latvian claimant in ECT arbitration was owned by Russian interests
  Oct 09, 2008
• UNCITRAL tribunal rules that electricity claim can proceed against Dominican Republic; parallel CAFTA claim also afoot
  Oct 09, 2008
• Award in ADM & TLIA v. Mexico finds discrimination & imposition of performance requirements, but no expropriation
  Jul 16, 2008
• Award in Archer Daniels Midland & Tate and Lyle Ingredients America v. Mexico is released in redacted form; Following partial arbitration victory, US agriculture giants continue to seek further damages from Mexico
  Jul 16, 2008