Zachary Douglas - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Zachary Douglas

• [UPDATED] Real estate case against China is discontinued
  Aug 27, 2021
• Under-the-radar BIT case against Libya is terminated without prejudice – but tribunal declines to allocate costs
  Jul 26, 2021
• Three are in place to hear golf course dispute at ICSID
  Jul 22, 2021
• Mexico weighs in on Canada’s ratione temporis objections in NAFTA coal phase-out dispute
  Jul 16, 2021
• Poland claims victory in under-the-radar ECT arbitration
  Jul 12, 2021
• Lucy Reed tapped to chair bilateral investment treaty claim against China
  Jun 24, 2021
• Electricity tariff arbitration against Georgia proceeds to the next stage; Zachary Douglas dissents
  Apr 23, 2021
• Kruck v. Spain tribunal upholds multi-party objection; one-third of the claimants are kicked out of ECT case
  Apr 21, 2021
• ICSID tribunal finds that “environmental justice movement” without legal personality or identified representative cannot submit amicus curiae brief
  Mar 23, 2021
• Relying on an expert report by Jan Paulsson, US-based miner argues that its claim against Canada is not undermined by changes to its corporate structure after the alleged breach took place
  Mar 17, 2021
• DR-CAFTA parties set out views on limitation period, minimum standard of treatment, and non-discrimination obligations in mining case against Guatemala
  Mar 16, 2021
• Identity of Hong Kong-based investor bringing first treaty-based claim against Japan is revealed; names of arbitrators also come to light
  Mar 03, 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
• Relying on a bespoke test, a Zachary Douglas-chaired tribunal bifurcates Kuwait’s jurisdictional objections in Sumrain v. Kuwait
  Feb 02, 2021
• Another ICSID case involving Spanish renewables is discontinued following the adoption of Spain’s new incentives regime
  Feb 01, 2021
• EU releases draft list of arbitrators to rule over Brexit disputes – featuring familiar names
  Dec 16, 2020
• Westmoreland v. Canada tribunal bifurcates ratione temporis objection; remaining jurisdictional arguments are joined to the merits
  Oct 26, 2020
• ICSID sees no pro-state bias by Zachary Douglas in Sumrain v. Kuwait; tribunal is reluctant to suspend proceedings due to COVID-19 in light of provisional measures request
  Oct 22, 2020
• ICSID tribunal declines request for joinder of third party
  Oct 16, 2020
• Libya round-up: New tribunals, a discontinuation, and further details about a number of investment arbitrations against the state
  Aug 11, 2020
• Revealed: Decision denying request to remove counsel in Armenian real estate dispute surfaces; bifurcation decision also comes to light
  Aug 05, 2020
• As a second hearing in Gabriel Resources v. Romania approaches, the parties offer clarifications regarding the timing of the alleged breaches
  Aug 04, 2020
• Community members submit renewed petition for amicus participation in Guatemalan mining dispute
  Jul 22, 2020
• Canada lays out its defences to coal miner's NAFTA claim stemming from Albertan phase-out of coal-generated power
  Jul 10, 2020
• Djibouti round-up: as Djibouti becomes ICSID’s 155th contracting state, we provide an update on the state’s disputes with DP World
  Jul 05, 2020
• Revealed: Reasons surface for tribunal’s decision that Montenegro was not bound by the Russia-Yugoslavia BIT
  Jul 03, 2020
• USA denies allegations of witness intimidation, and insists that former official’s views do not reflect US interpretation of treaty provisions
  Jun 24, 2020
• India round-up: An update on seven investment treaty cases against the state
  Jun 11, 2020
• Metal scraps case against Morocco is allowed to go forward
  Jun 09, 2020
• US-based miner files request for provisional measures with ICSID tribunal after Sierra Leone arrests five of its employees
  May 22, 2020
• German CSP investors file for annulment of ICSID award which found that they could not legitimately expect legal stability
  Apr 07, 2020
• Arbitrators comings and goings: a new tribunal, two replacements, and a new ad hoc committee
  Apr 05, 2020
• Analysis: DR-CAFTA tribunal dismisses Guatemala’s jurisdictional objections, with a majority finding that the treaty allows claims for reflective losses; Zachary Douglas dissents
  Mar 31, 2020
• Breaking: Guatemala fails to derail claim at early phase
  Mar 24, 2020
• Revealed: Kosovo faces new ICC claim under its foreign investment law
  Mar 13, 2020
• West Africa Round-up: An update on arbitration disputes against Ivory Coast, Mali and Sierra Leone
  Mar 04, 2020
• Egypt reportedly prevails in latest arbitration by cotton industry investors
  Mar 01, 2020
• In non-disputing party submission, US weighs in on standard of proof for corruption allegations
  Feb 07, 2020
• Arbitrators comings and goings: arbitrators resign from a trio of treaty-based cases
  Jan 20, 2020
• ICSID rejects bid to disqualify Veeder and Douglas in Kuwait arbitration
  Jan 06, 2020
• Romania round-up: As state reportedly moves to pay controversial Micula award, we provide an update on developments in seven investment treaty-based arbitrations
  Dec 17, 2019
• Tribunal hearing Guatemalan mining dispute rejects amicus curiae application as “premature”
  Dec 17, 2019
• Analysis: Majority in Stadtwerke Munchen v. Spain considers that investors in Spanish CSP plants could not legitimately expect legislative stability; Kaj Hober disagrees
  Dec 05, 2019
• Panama round-up: an update on developments in six treaty-based arbitration proceedings
  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
• Analysis: reasons revealed as to why an ad hoc committee has upheld restrictive reading of ICSID denunciation provisions; citing lack of stare decisis doctrine, committee sees no basis to annul award that diverged from others
  Nov 27, 2019
• ICSID ad hoc committee upholds 2017 award which had declined jurisdiction due to Venezuela’s denunciation of the ICSID Convention
  Nov 25, 2019
• As Sierra Leone disregards ruling by ICC emergency arbitrator Zachary Douglas, a parallel investment treaty-based arbitration is brought to ICSID
  Nov 05, 2019
• Familiar faces tapped to hear ICSID claim by Dutch cardboard manufacturer against Venezuela
  Oct 22, 2019
• Arbitrator challenge and resignation round-up: Zachary Douglas, V.V. Veeder, Peter Rees, and Makhdoom Ali Khan
  Oct 22, 2019
• Oleg Deripaska fails in latest bid to sue Montenegro, as UNCITRAL tribunal decides that Yugoslavia-Russia BIT does not apply to Montenegro
  Oct 17, 2019
• Tribunal in place to hear latest construction dispute under the Turkey-Turkmenistan BIT, with Lawrence Collins tapped to chair
  Oct 16, 2019
• West Africa investor arbitration round-up: cases involving Ghana, Cameroon, Gabon, Sierra Leone and Cote d’Ivoire
  Oct 11, 2019
• Three are in place to hear claims brought by a group of Egyptian real estate investors against Kuwait, with Zachary Douglas tapped to chair
  Oct 06, 2019
• Beechey, Grigera-Naon, and Douglas selected to hear UNCITRAL BIT arbitration
  Sep 16, 2019
• Guatemala reveals its preliminary objections to Kappes' mining arbitration under DR-CAFTA
  Sep 01, 2019
• Italba v. Uruguay: Three named to hear investor's bid to annul unfavourable award
  Aug 28, 2019
• Investment treaty claim over refurbishing of Riyadh airport is discontinued
  Aug 27, 2019
• Panama round-up: an update on five pending investment treaty arbitrations against the state
  Aug 15, 2019
• Alexis Mourre to chair Scholz v. Morocco BIT arbitration
  Jul 30, 2019
• US telecoms investor Italba applies for annulment of ICSID award in favour of Uruguay
  Jul 11, 2019
• Kalicki-chaired tribunal in place to hear gold and silver dispute under CAFTA-DR
  Jul 03, 2019
• ANALYSIS: Dual US-Colombian nationals - the Carrizosa brothers - lay out their arguments on jurisdiction in ongoing Free Trade Agreement arbitration
  Jul 02, 2019
• Libya Round-up: new investment treaty claims, new rulings, and updates on arbitrator appointments
  May 23, 2019
• Kuwait investment arbitration round-up: new claims, new appointments, and updates on procedural status of older cases
  May 10, 2019
• ICSID tribunal dismisses Kyrgyzstan's preliminary jurisdictional objections in Uzbek case
  May 07, 2019
• Spain tries to remove tribunal chair in renewables case
  Apr 25, 2019
• Correction: Aikens-chaired tribunal rules for DP World in dispute with Djibouti
  Apr 05, 2019
• Energy firm drops UNCITRAL arbitration claim after changes to tax law
  Mar 27, 2019
• Analysis: in Italba v. Uruguay award, tribunal assesses ownership and control of local investment, and likens expert group to a barristers' chambers for purposes of disqualification analysis
  Mar 24, 2019
• Oreamuno-chaired tribunal dismisses US investor Italba’s claims against Uruguay, finding that the claimant failed to show that it owned or controlled local telecoms company
  Mar 22, 2019
• Reasons emerge as to why Mercer v. Canada tribunal declined to issue a supplementary decision in NAFTA Chapter 11 arbitration
  Mar 07, 2019
• After jurisdictional loss, government revises its local investment legislation so as to remove offer of international arbitration
  Feb 05, 2019
• An update on investor arbitration claims against Armenia
  Jan 24, 2019
• As another claim is filed against Libya under OIC investment agreement, government goes to court to try to block PCA-enabled arbitrations under treaty
  Jan 13, 2019
• Glick, Hanotiau and Douglas dismiss claims of contractor in Libya, finding that actions of state construction agency cannot be attributed to Libyan state for purposes of BIT
  Jan 08, 2019
• Way2B v. Libya tribunal finds that BIT's war-losses clause does not exclude operation of other BIT protections (including full protection & security), but foreign investor fails to meet evidentiary burdens
  Jan 08, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• In a new ruling, ICSID tribunal considers that it has the power to limit the scope of an amicus curiae submission, thus excising legal arguments and testimony
  Dec 17, 2018
• Tribunal weighs in with ruling on supplementary decision request in Mercer v. Canada NAFTA arbitration
  Dec 13, 2018
• Latin American Round-Up: new disputes, tribunals and other news involving Peru, Ecuador, Bolivia and Mexico
  Dec 04, 2018
• ICSID Tribunal parts company with arbitrators in another case under same treaty and allows MFN clause to be used to bypass a narrow investor-state arbitration clause
  Oct 11, 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
• Arbitrator Zachary Douglas reverses course and resigns as ruling on disqualification loomed from PCA; parallel challenge in ICSID case is next battleground
  Aug 28, 2018
• ANALYSIS: Annulment committee in Standard Chartered v. TANESCO says ICSID tribunal can reconsider earlier jurisdictional decisions under Kompetenz-Kompetenz power
  Aug 24, 2018
• Armenia seeks to disqualify counsel in Edmond Khudyan and Arin Capital & Investment Corp's ICSID arbitration
  Aug 07, 2018
• After a year of sparring over confidentiality, full details of miner's legal arguments finally surface in $4.4 billion claim against Romania
  Jul 17, 2018
• Chinese state-owned investor settles treaty claim after 2017 jurisdictional ruling that took generous view of treaty's scope for arbitration of claims; recent ruling in Libya case adopted differing approach to similar clause
  Jun 12, 2018
• Romania raises a new objection in Gabriel Resources mining arbitration
  Jun 12, 2018
• Egyptian official confirms victory in Veolia case at ICSID, as company remains silent
  May 30, 2018
• ANALYSIS: In now-published Mercer v. Canada award, Veeder, Douglas and Orrego-Vicuna diverge over NAFTA procurement exception, and whether non-discrimination forms part of customary international law
  May 14, 2018
• [UPDATED with full analysis] - Another challenge to Gary Born is rejected, this time by Bruno Simma and Daniel Bethlehem in the KS Invest & TLS Invest v. Spain case
  May 01, 2018
• Three are named to hear investor's bid to overturn jurisdictional loss in Fabrica de Vidrios and Owens-Illinois v. Venezuela case
  Apr 24, 2018
• Reasons for dismissal of recent attempt to disqualify arbitrator Gary Born come to light
  Mar 21, 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
• Lowe and Douglas dismiss challenge of co-arbitrator Gary Born in Spain case
  Mar 16, 2018
• Melanie Van Leeuwen chosen to chair investment treaty claim by US investors against Republic of Armenia
  Mar 16, 2018
• Colombia faces two new investment treaty claims dating to late 1990s banking crisis
  Mar 12, 2018
• Investors lodge challenge to Zachary Douglas, alleging prejudgment of a core legal issue that arises in their investment treaty arbitration
  Mar 12, 2018
• Canada prevails in NAFTA arbitration with U.S. investor in British Columbia pulp mill
  Mar 06, 2018
• Grigera-Naon steps down in Republic of Georgia BIT arbitration, and a replacement is lined up
  Feb 20, 2018
• Spain seeks to disqualify arbitrator Gary Born from sitting in solar cases following his strong dissent in JSW Solar v. Czech Republic
  Feb 15, 2018
• Yves Fortier is tapped to chair BIT claim by BM Mühendislik ve İnşaat A.Ş. against United Arab Emirates
  Dec 22, 2017
• Henri Alvarez is chosen by co-arbitrators to chair Dutch BIT claim
  Dec 18, 2017
• Crimea-related Lugzor v. Russia arbitration clears jurisdictional hurdles
  Dec 13, 2017
• UPDATED with more details: Turkmenistan BIT arbitration comes to an end
  Dec 13, 2017
• ANALYSIS: as interim measures ruling surfaces, both parties are seen to emerge empty-handed - including in relation to anti-suit injunction request - in Rizzani de Eccher v. Kuwait arbitration
  Dec 07, 2017
• Arbitrators decline provisional measures request in investor claim against Kuwait
  Dec 04, 2017
• Analysis: What have we learned from the first wave of post-denunciation ICSID claims against Venezuela – and why do investors keep suing Venezuela there?
  Nov 30, 2017
• Koch Industries' $400m award surfaces, clarifying how jurisdiction was found - with off-take agreement deemed an investment - and certain non-expropriation claims rejected
  Nov 30, 2017
• Veeder, Lalonde and Douglas agree on expropriation of Koch's stake in fertilizer venture - but disagree whether (valuable) rights in off-take agreement can be expropriated
  Nov 30, 2017
• Quantum analysis: arbitrators in Koch v. Venezuela case express perplexity at how damages experts can diverge so sharply, and ultimately rely on third-party valuation; Douglas dissents on generous sum awarded for contractual rights
  Nov 30, 2017
• ANALYSIS: unpacking the tribunal’s interpretation of Venezuela’s denunciation of the ICSID Convention in the Fabrica de Vidrios case
  Nov 15, 2017
• In a jurisprudential departure, Shin-Fortier-Douglas decline jurisdiction and reject theory that investor could accept BIT consent to arbitration after Venezuela notified its denunciation of ICSID Convention
  Nov 14, 2017
• Claudia Annacker selected to chair Turkmenistan treaty arbitration
  Oct 19, 2017
• Newly-uncovered majority decision upholds jurisdiction against Cote d’Ivoire, after debating whether claimants validly consented to ICSID arbitration under domestic investment law
  Oct 12, 2017
• Annulment committee weighs in with verdict in Gambrinus v. Venezuela arbitration
  Oct 04, 2017
• Ten are designated to the ICSID Panel of Arbitrators by the ICSID's leadership
  Sep 17, 2017
• Egypt round-up: a new investment treaty claim by Future Pipe International B.V. lands at ICSID, as at least seven other arbitrations moved forward
  Aug 27, 2017
• Cavinder Bull chosen to chair Kuwait investment treaty arbitration
  Aug 14, 2017
• ICSID tribunal denies third party request for release of witness statements and expert reports in controversial mining case
  Jul 12, 2017
• As Gabriel Resources v. Romania arbitration plays out, arbitrators have weighed in on power to order “emergency” interim relief in relation to local tax and fraud investigations
  Jun 12, 2017
• ANALYSIS: In Yemen decision, tribunal situates its reasoning on narrow jurisdictional clause within context of other prior cases under Chinese and Russian treaties
  Jun 07, 2017
• In new ruling, Chinese investment treaty is deemed broad enough to ground expropriation claim against Yemen, but MFN clause does not permit further broadening of claims
  Jun 05, 2017
• Venezuela hires private investigator to examine ties of Yves Fortier's secretary to his former law firm, but again fails to make out its case for disqualification
  May 09, 2017
• Laurence Shore tapped to chair Omega and Oscar Rivera v. Panama BIT arbitration
  May 02, 2017
• David Caron is picked to chair Lebanon BIT case
  May 02, 2017
• UNCITRAL tribunal is finalized to hear Russian oligarch's BIT claim
  Mar 27, 2017
• Tribunals finalized in two Russian-related investment treaty arbitrations (ICSID and UNCITRAL), with Boeckstiegel once again in a familiar role
  Mar 16, 2017
• After-life of 1994 Kazakh foreign investment law continues to be debated, this time as English court refuses to set aside 2013 award that had declined jurisdiction over investor's arbitration claim
  Mar 08, 2017
• In new ruling, arbitrators disavow power to enjoin criminal proceedings in Uruguay, and see no threat to arbitration posed by ongoing investigations
  Feb 23, 2017
• Kyrgyzstan arbitration round-up: updates on JSC Tashkent, Centerra and Stans Energy cases
  Feb 16, 2017
• ICSID Arbitrators Khan and McLaren dismiss challenge to their colleague Zachary Douglas
  Jan 23, 2017
• Investors lodge challenge to Zachary Douglas in Champion Holding v. Egypt arbitration
  Nov 15, 2016
• Tribunal notes: Philippe Sands chosen as replacement arbitrator in Uzbek case, and Zachary Douglas is tapped to chair a case under domestic investment statute
  Oct 31, 2016
• Jordan settles claim under France-Jordan bilateral investment treaty
  Oct 31, 2016
• Tribunals are finalized to hear claims against Italy and Egypt
  Oct 20, 2016
• In contractual ICSID case, Standard Chartered Bank Hong Kong v. TANESCO, arbitral tribunal finds that it has power to re-evaluate its earlier decision due to respondent’s omission of key facts
  Oct 02, 2016
• Gabriel Resources hails Romania's willingness to re-run a contested tax audit, but complains of other unhelpful measures including bid to designate mining area as World Heritage site
  Sep 27, 2016
• Co-arbitrators, Zachary Douglas and Hi-Taek Shin, again reject a challenge to Yves Fortier and order costs against Venezuela
  Sep 19, 2016
• Arbitrators are selected to hear clash between Gabriel Resources and Romania over controversial mine project
  Jun 26, 2016
• Arbitrators picked to hear BIT claim against Uruguay
  May 31, 2016
• Arbitrators picked for latest arbitration by Standard Chartered Bank over Tanzanian power project
  May 24, 2016
• Co-arbitrators deem latest challenge to Fortier as "wholly without merit" and order Venezuela to bear costs
  Apr 13, 2016
• Second Challenge to Yves Fortier in Fábrica de Vidrios v Venezuela arbitration is rejected by his peers
  Mar 23, 2016
• Co-arbitrators reject Venezuela's fifth effort to disqualify Yves Fortier in Conoco case, as similar bid remains afoot in another Venezuela case
  Mar 15, 2016
• More repeat arbitrators continue to emerge as tribunals are finalized in four more ICSID Cases against Spain
  Jan 25, 2016
• Russia disputes round-up: updates on status of 11 known investment treaty claims
  Jan 19, 2016
• Tribunals constituted in three ICSID solar energy cases brought against Spain
  Dec 20, 2015
• ICSID renewables claims against Spain reach 23, along with some signs of repeat arbitrator appointments - but no common chairs as yet
  Nov 17, 2015
• Tribunals constituted in ICSID cases against Uzbekistan, Croatia, Lebanon and East Timor, while replacement is named for Venezuela case following arbitrator resignation
  Aug 10, 2015
• Tribunals constituted at ICSID in cases against Bosnia-Herzegovina and Yemen
  Jul 22, 2015
• An UNCITRAL tribunal declines jurisdiction over a joint treaty claim brought against Turkmenistan by a series of unrelated claimants (Erhas Dis Ticaret Ltd. Sti. and others)
  Jun 23, 2015
• In new award in Accession Mezzanine Capital v Hungary, tribunal explains why claimant lacked rights capable of grounding an expropriation claim, and criticizes looser reasoning in Metalclad case
  Jun 23, 2015
• Hungary prevails in second of two ICSID claims brought by jilted radio broadcasting investors
  Apr 20, 2015
• Canada sets out legal defence to U.S. pulp mill investor’s claims of discrimination in NAFTA arbitration
  Oct 19, 2014
• Mercer International lays out its NAFTA discrimination arguments against Canada in pulp mill dispute
  Jun 03, 2014
• Updates on Oxus v. Uzbekistan, Stans Energy v. Kyrgyzstan, and Standard Chartered v. TANESCO arbitrations
  May 09, 2014
• Annulment round-up: Teco and Guatemala each seek review of CAFTA arbitral ruling; ad-hoc committee members named for Kazakh and Turkmen cases
  Apr 29, 2014
• Investors in Hungary's radio industry fail to persuade arbitrators that they had rights capable of expropriation under Swiss & Dutch BITs
  Apr 17, 2014
• Tribunal makes jurisdiction and merits findings in Tanzanian power plant payment dispute
  Mar 06, 2014
• UNCITRAL tribunal will hear Turkmenistan's argument that a bloc of claimants can't band together to bring a multi-party BIT claim
  Jan 08, 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
• Arbitral tribunal is convened to review Egypt’s treatment of French investor, Veolia, in waste management concession
  Feb 14, 2013
• Arbitrators offer final verdict on treaty-based claim by UK-based Standard Chartered against Tanzania
  Nov 04, 2012
• UPDATED: ICSID tribunals constituted in gas, mining and electricity cases against Indonesia, Slovakia, Egypt and Peru
  Oct 22, 2012
• Tribunal selected to hear U.S. investor’s claim that Canada mistreated pulp mill investment
  Oct 12, 2012
• ICSID Tribunal Selections: Arbitrators picked for Hungary, Egypt and Equatorial Guinea disputes and Paraguay annulment proceeding
  Sep 06, 2012
• Czech solar arbitrations set to proceed, as Constitutional Court upholds retroactive levy
  Jun 13, 2012
• Armenia successfully fends off claims for breach of U.S.-Armenia bilateral investment treaty protections
  Oct 06, 2011
• ICSID tribunals convened in Congo mining dispute, Serbian casino case, Tanzanian power plant dispute, and rematch between Sempra and Argentina
  May 03, 2011
• New Books, Articles and Materials on Investment Treaty Law and Arbitration: December 2010 to April 2011
  Apr 11, 2011
• New Books and Articles on Investment Treaty Law: May to November 2010
  Nov 25, 2010
• New Books and Articles on Investment Treaty Law: May to December 2009
  Jan 16, 2010
• Dispute settlement provisions of Canada-Colombia FTA include ICSID/UNCITRAL arbitration & transparency obligations
  Jan 22, 2009