Yves Derains - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Yves Derains

• 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