Yves Derains - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Yves Derains
- 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