Yves Derains - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Yves Derains

• Revealed: Clorox v. Venezuela tribunal majority dismisses abuse of process argument after finding that the dispute was not foreseeable when the investor restructured the investment; dissenter sees bad faith in the claimant’s narrative
  Jun 23, 2022
• Paris Court of Appeal upholds award on jurisdiction in treaty dispute with Ecuador
  Dec 16, 2021
• Corruption allegations prompt ICC to reopen decade-old award against Congo-Brazzaville
  Dec 15, 2021
• Looking Back: Exxon and Hunt Oil failed to persuade ICC tribunal that lucrative Yemeni oil concession was extended despite lack of parliamentary ratification
  Oct 20, 2021
• Paris Court of Appeal upholds award in favour of Yemen’s oil and gas company, seeing no ground to set the award aside based on allegations that damages paid may reach terrorist organizations
  Oct 11, 2021
• Three are in place to hear NAFTA legacy claim against Mexico
  Aug 29, 2021
• Revealed: Tribunal decides that appointment of bankruptcy administrator for claimant has no impact on the investor’s representation in ICSID proceedings
  Aug 10, 2021
• Three are in place to hear treaty-based internet domain dispute
  Apr 22, 2021
• Revealed: Tribunal majority in under-the-radar Odebrecht v. Libya arbitration decided to retract a consent award after finding it tainted by corruption
  Dec 07, 2020
• Yves Derains is tapped to chair construction arbitration against Serbia
  Nov 08, 2020
• An ICSID tribunal is in place to hear contract-based claims by highway concessionaire Deviandes against Peru
  Aug 12, 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
• Breaking: Clorox v. Venezuela award is set aside by Swiss courts; abuse of rights argument is remanded to the arbitral tribunal
  May 29, 2020
• Colombia round-up: An update on 12 treaty-based disputes against the state
  Feb 28, 2020
• Analysis: Heemsen v. Venezuela tribunal refused to find jurisdiction on the basis of an MFN clause, and held that German-Venezuela BIT does not cover dual nationals with citizenship of the host State
  Nov 22, 2019
• Venezuela prevails against two German/Venezuelan investors, Jorge and Enrique Heemsen, as UNCITRAL tribunal finds it has no jurisdiction
  Nov 15, 2019
• Pakistan’s Prime Minister announces settlement of massive Karkey award after talks with Turkey
  Nov 04, 2019
• Peru round-up: tribunals revealed in two under-the-radar UNCITRAL arbitrations, as hearings loom in third case
  Oct 18, 2019
• Arbitrators uphold jurisdiction over one claimant suing Ecuador, but decline jurisdiction over a second claimant which failed to comply with cooling-off requirement; other objections are dismissed
  Oct 09, 2019
• Analysis: Belenergia v. Italy award reveals growing fault-lines between tribunals as to whether solar contract provisions were stabilization promises that give rise to legitimate expectations
  Aug 14, 2019
• Colombia round-up: Newly approved bilateral investment treaties, dispute settlement discussions, pleadings and decisions in ongoing arbitrations
  Jul 08, 2019
• Close reading of Clorox v. Venezuela award reveals why UNCITRAL tribunal found that company shares held by the claimant did not qualify as protected investment under the Spain-Venezuela BIT
  May 31, 2019
• ANALYSIS: Recent award highlights debate over whether investment treaties protect passive investments - but tribunal sidesteps discussing that jurisprudence in great detail
  May 31, 2019
• ICSID picks Stanimir Alexandrov to chair arbitration over Bolivian pension system
  Apr 04, 2019
• Tribunal is finalized for Telefonica's investment treaty claim against Colombia
  Mar 01, 2019
• In bid to reopen corruption debate, Pakistan moves for revision of award
  Feb 07, 2019
• In unusual twist, claimant-appointed arbitrator is disqualified from UNCITRAL BIT tribunal for acting as counsel for the respondent-state in unrelated cases
  Feb 03, 2019
• ANALYSIS: In Anglo American v. Venezuela award, contractual agreement to pass asset ownership to state excludes expropriation; majority concedes some administrative failings, but also sees investor ‘obstinacy’ - and ultimately no FET breach
  Jan 25, 2019
• Anglo American falls short in investment treaty claim against Venezuela, as majority of tribunal rejects all claims
  Jan 24, 2019
• Newly-disclosed UNCITRAL award reveals reasons for termination of Exeteco v. Peru BIT case by Derains-chaired tribunal
  Jan 02, 2019
• In newly-uncovered award in Tomasz Czescik and Robert Aleksandrowicz v. Cyprus, Derains-chaired tribunal sees no expropriation arising from government's financial crisis response
  Dec 13, 2018
• Award rendered in investment treaty claim arising out of prison privatization reversal, dismissing Spanish claimant's case
  Oct 12, 2018
• Cyprus disputes round-up: an update on efforts by investors to sue Cyprus over 2013 restructuring of key banks
  Jul 24, 2018
• Karkey v. Pakistan (part 1 of 3): arbitrators grapple with Pakistan's corruption defence
  Jun 28, 2018
• Karkey v. Pakistan (part 2 of 3): country's highest court ensnares state in a judicial expropriation; rare breach of a BIT's free transfers clause
  Jun 28, 2018
• Karkey v. Pakistan (part 3 of 3): at damages phase, arbitrators engage with country-risk debate; jurisdiction over counterclaim is rejected
  Jun 28, 2018
• Kaufmann-Kohler in chair for new effort by Iberdrola to sue Guatemala under Spanish investment treaty
  Jun 13, 2018
• Venezuela updates: a new tribunal is set to hear second attempt by Venoklim; and notable award hinging on ICSID denunciation is now up for annulment
  Mar 20, 2018
• Luca Radicati di Brozolo to helm annulment committee in Venezuela case
  Mar 07, 2018
• ANALYSIS: ad-hoc committee's reasoning surfaces, thus illuminating Venoklim's failure to annul award in Venezuela case
  Feb 08, 2018
• Latin America: an update on a pair of under-the-radar UNCITRAL investment treaty arbitrations, Clorox v. Venezuela and Rikita Mehta v. Uruguay
  Jan 08, 2018
• Pakistan seeks to overturn hefty award in favour of Turkish investor
  Nov 08, 2017
• In now-surfaced Valores Mundiales award, arbitrators highlight why Venezuela’s denunciation of the ICSID Convention did not prevent a claimant from later filing for arbitration
  Nov 05, 2017
• Zuleta-led tribunal in Valores Mundiales v. Venezuela case sees breach of free transfers and FET clause, and weighs in on familiar damages issues, including country-risk premium and size-premium
  Nov 05, 2017
• Claimant (Venoklim Holding) that struck out under Venezuela's domestic investment legislation, is now seeking to rely on Dutch investment treaty
  Sep 27, 2017
• UPDATED: Turkish investor Karkey wins ICSID claim - Pakistan confirms to IAReporter that it lost case, but is pursuing settlement; local media report that liability approaches $700 million
  Sep 20, 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
• UPDATED: Venezuela held liable by Zuleta-led tribunal for half a billion dollars in relation to breach of Spanish investment treaty
  Jul 27, 2017
• Key documents related to Peruvian prison privatization BIT claim remain confidential
  Jul 05, 2017
• In newly-unearthed Energy Charter Treaty award (Isolux v. Spain), arbitrators grapple with denial of benefits, nationality planning, tax carve-out and EU law issues
  Jun 29, 2017
• In now-public Isolux v. Spain award, measures that later breached investor protections in Eiser case were not deemed to breach Isolux's legitimate expectations
  Jun 29, 2017
• Spain's arbitral winning streak comes to a halt, as ICSID tribunal awards 128 million euro (plus interest) for changes made in solar sector
  May 05, 2017
• Cyprus prevails in first treaty-based claim relating to banking sector measures
  Feb 23, 2017
• In final award in Murphy v Ecuador windfall levy case, tribunal finds no reason to add or subtract from previously-ordered compensation
  Feb 14, 2017
• UNCITRAL BIT tribunal confronted with unusual situation: Spanish investors argue that an initial "notice of arbitration" filed by somewhat different parties should be treated as a mere notice of dispute
  Nov 28, 2016
• ANALYSIS: where do matters stand with respect to Energy Charter Treaty claims against Spain?
  Sep 28, 2016
• Previously unpublished Murphy v. Ecuador UNCITRAL award now available for download
  Aug 11, 2016
• Italy update: news on five Energy Charter Treaty claims by solar investors
  May 29, 2016
• In-Depth: unpacking the arbitrators' holdings in the Murphy v. Ecuador award, including the scope of legitimate expectations and the use of ex post data on damages
  May 23, 2016
• In latest arbitral ruling on Ecuador's decade-old windfall oil levy, arbitrators find that 99% claw-back - but not a 50% claw-back - breached investment treaty
  May 16, 2016
• UPDATED: Spain prevails on merits in first of many Energy Charter Treaty claims in the solar sector
  Jan 25, 2016
• UPDATED: Prison privatization reversal leads to investment treaty claim
  Dec 16, 2015
• Canada continues to fall short in recovering legal expenses despite NAFTA victories; arbitrators deem hours spent on recent DIBC case as excessive
  Nov 17, 2015
• Reasons for dismissal of NAFTA Claim in Detroit bridge case become public as award is released
  Apr 29, 2015
• Canada defeats NAFTA claim brought by Detroit International Bridge Company
  Apr 17, 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
• Attempt to access BIT through portal of domestic law falls short; tribunal appears to split over propriety of locals using foreign entities to sue their own state
  Apr 07, 2015
• Ad hoc committee splits, but majority decides to uphold earlier tribunal's award in Iberdrola v. Guatemala case
  Jan 15, 2015
• As with earlier Argentine cases, avalanche of claims against Spain look set to be resolved by diversely-composed arbitral tribunals
  Jul 15, 2014
• After excluding USA and Mexico from NAFTA hearings, tribunal grants access to transcripts and frowns on investor's attempt at wholesale redaction
  Jul 13, 2014
• Arbitrators decline Canada's request to amend confidentiality order so as to "clarify" that USA and Mexico can sit in on NAFTA hearings
  May 13, 2014
• To consternation of NAFTA signatories, tribunal rules that USA lacks a right to attend arbitration hearing in Detroit International Bridge v. Canada case
  May 09, 2014
• Tribunals finalized in UNCITRAL and SCC claims arising out of solar-power controversies
  Apr 17, 2014
• Ethical screen erected in NAFTA case to ensure that arbitrator remains cut off from his law firm's prosecution of a separate claim
  Mar 18, 2014
• Arbitrators picked for Venezuela, Costa Rica and Kazakhstan cases, and replacement is named after disqualification in Burlington v. Ecuador
  Jan 13, 2014
• Guatemala breached CAFTA due to arbitrary, non-transparent setting of electricity tariffs; bitter pill for Gov't in light of recent events
  Dec 26, 2013
• Pakistan continues to show up late to defend itself in investor arbitrations, thereby losing a voice in selection of arbitrators
  Aug 08, 2013
• Tribunal picks Washington DC as seat for unfolding NAFTA arbitration; hearings to be closed, and amici can’t access more info than public
  May 28, 2013
• U.S. investor adds new claims in its NAFTA arbitration over Detroit border crossing; Canada sets out key jurisdictional objections
  May 28, 2013
• Tribunal now in place for ICSID arbitration by Dutch investor (Venoklim) in Venezuelan petrochemicals plant
  Feb 21, 2013
• U.S. election result gives new life to multi-billion Dollar NAFTA Chapter 11 arbitration against Canada
  Nov 11, 2012
• Lithuania Claims Round-Up: Lesser-known arbitrations move forward alongside high-profile gas unbundling battles
  Sep 02, 2012
• Arbitrators frown on Spanish investor’s (Iberdrola) characterization of dispute over Guatemala electricity tariffs as an investment treaty matter
  Aug 20, 2012
• Toll highway concessionaire puts pressure on Dominican Republic to pay $42.5 million ICC arbitration award
  Aug 20, 2012
• Poland wins investment treaty arbitration with EU investor; government sits on growing cache of unpublished rulings
  Feb 07, 2012
• New International Investment Law Works: May 2011 to January 2012
  Jan 13, 2012
• Cuba prevails in rare state-to-state investment treaty arbitration initiated by Italy on behalf of Italian nationals
  Jul 04, 2011
• Majority of arbitral tribunal declines to permit Italy to espouse claims on behalf of Panamanian and Costa Rican companies owned by Italian nationals
  Jul 04, 2011
• Cuba did not breach treaty protections when Ministry temporarily revoked permit of Italian-owned salon; majority finds that actions of state-owned hotel not attributable to Cuba
  Jul 04, 2011
• Arbitrators view treaty’s ‘investment promotion’ clause as an enforceable legal obligation, but Cuba not liable for breach in relation to treatment of health tourism venture
  Jul 04, 2011
• US electricity company requests arbitration for alleged breaches of CAFTA by Guatemala
  Nov 25, 2010
• Tribunals selected in one Peru case (Convial Callao S.A), as another (by Renée Rose Levy)materializes; arbitrators chosen in Tidewater v.Venezuela case
  Sep 15, 2010
• Arbitrators selected in UNCITRAL arbitration between Bolivian investors and Republic of Ecuador
  Nov 13, 2009
• Romania prevails in $132 Million claim as UK investor, EDF (Services) Ltd., fails to prove allegations that Prime Minister’s Office requested a bribe
  Oct 12, 2009
• ANALYSIS: Arbitrators in EDF v. Romania grapple with attribution of state responsibility and costs apportionment
  Oct 12, 2009
• Danish hotel company, Helnan, seeks to annul award in its dispute with Egypt
  Nov 12, 2008
• Bolivia settles bilateral investment treaty arbitration with Ashmore Energy over nationalization of key pipeline
  Nov 12, 2008
• IN-DEPTH: ICSID tribunal finds no breaches by Egypt in treatment of Helnan International
  Jul 16, 2008
• Egypt prevails in ICSID arbitration with Danish hotel company; Investor had accused Egypt of conspiring to terminate long-term management contract so as to privatize hotel
  Jul 16, 2008