Juan Fernandez-Armesto - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Juan Fernandez-Armesto
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Analysis: ICSID tribunal hearing claim brought by US hedge fund in Peruvian land reform bond dispute splits on abuse of process and existence of protected investment; tribunal deems domestic compensation process arbitrary – but awards only a fraction of the damages claimed
Jan 26, 2023 -
Three are in place to hear dispute over Kyrgyzstan’s uranium mining ban
Jan 19, 2023 -
Analysis: ICC tribunal enjoins investor from seeking determination of contractual claims in treaty proceedings; UNCITRAL tribunal reads injunction as allowing treaty arbitration to proceed
Dec 20, 2022 -
Treaty tribunal finds that its Kompetenz-Kompetenz power is unfettered by anti-arbitration injunction issued in parallel contract case
Dec 19, 2022 -
[Updated] Tribunal majority in Gramercy v. Peru upholds jurisdiction over billion-dollar land bond dispute, and awards damages to US-based hedge fund
Dec 13, 2022 -
Settlement award between Amir Masood Taheri and UAE comes to light; claim was withdrawn following discrepancy in evidence and disclosure of third-party funding
Dec 06, 2022 -
UAE settles ICSID dispute with Swedish investor
Nov 29, 2022 -
Oil and gas storage arbitration against Morocco is discontinued
Sep 15, 2022 -
Long-suspended treaty arbitration against Argentina is discontinued
Aug 11, 2022 -
Analysis: ICSID tribunal in LSG v. Romania dismisses intra-EU and multi-party objections; tribunal majority finds that radical changes to Romania’s renewable energy regime breached ECT
Jul 18, 2022 -
[Updated with a copy of the decision] Renewable energy arbitration against Romania proceeds to quantum phase
Jul 12, 2022 -
Looking Back: Tribunal in City Oriente v. Ecuador ordered respondent to refrain from terminating production sharing contract and proceeding with criminal investigations; subsequent request for revocation of provisional measures was rejected
Jul 04, 2022 -
BIT tribunal declines Mozambique’s second request to suspend proceedings in light of parallel commercial arbitration
Jul 01, 2022 -
ECT tribunal allows European Commission to file amicus brief in renewables case against Italy, but denies requests for access to record and hearing
Jun 16, 2022 -
Investors seek partial annulment of BIT award that granted them a pyrrhic victory
Mar 10, 2022 -
Juan Fernandez-Armesto is tapped to chair second Bayindir v. Pakistan arbitration
Feb 10, 2022 -
SCC and ICSID tribunals are in place, as first publicly known renewable energy arbitrations against Ukraine kick off
Jan 19, 2022 -
ICSID AF tribunal hearing telecoms claim against Venezuela is reconstituted
Jan 07, 2022 -
Arbitrators comings and goings: Two resignations and one appointment
Dec 21, 2021 -
UNCITRAL tribunal declines to stay treaty case against Mozambique pending the outcome of a parallel contract-based arbitration
Dec 06, 2021 -
Analysis: ICSID tribunal finds that requests for payments to Prague city district were arbitrary and in violation of FET, but it declines to award damages; remaining claims are dismissed
Nov 08, 2021 -
[Updated] Southeast Asia Round-Up: Arbitrators are revealed in claims by Chevron and Total against Thailand, a new threat against Vietnam, arbitrations involving Indonesia and the Philippines conclude, and RCEP ratifications pass hurdle for entry into force
Nov 05, 2021 -
[Updated with a copy of the Award] Czech Republic escapes damages in treaty arbitration
Nov 02, 2021 -
Analysis: Tribunal in Lion Mexico v. Mexico finds first known denial of justice under NAFTA, as claimant was not given the opportunity to defend itself against a complex private fraud leading to the cancellation of its debt instruments
Sep 24, 2021 -
Mexico is held liable for denial of justice, as ICSID AF tribunal finds that cancellation of mortgages by local courts amounted to a breach of NAFTA
Sep 21, 2021 -
Three are in place to hear treaty-based claim against the United Arab Emirates
Sep 01, 2021 -
Analysis: UNCITRAL tribunal finds that tax measures amount to an indirect expropriation, but dismisses remaining claims arising out of failed Belarusian shopping mall investment; arbitrators disagree on jurisdiction under foreign investment law and standard for judicial expropriations
Aug 27, 2021 -
[Updated] Energy dispute with Panama results in a settlement award
Aug 19, 2021 -
In confidential ruling, Greece is ordered to pay millions to Cypriot bank that suffered discriminatory treatment during 2010 financial crisis bail-out, but state defeats bulk of claims
Aug 17, 2021 -
Belarus asserts that UNCITRAL tribunal dismissed bulk of claims in treaty-based arbitration, but still awarded 19 million USD to the investor
Aug 09, 2021 -
[Updated] Paris court declines to set aside treaty-based award against Libya, finding that corruption and cooling-off arguments do not pertain to the tribunal's jurisdiction, and seeing no public policy violation
May 26, 2021 -
Tribunal is in place to hear Serbian telecoms case
May 10, 2021 -
Belgium is found liable in treaty-based port concession dispute
Apr 14, 2021 -
French Cour de cassation resurrects USD 1.6 billion award against Venezuela
Apr 01, 2021 -
Three are in place to hear renewables arbitration against Italy
Feb 17, 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 -
Bifurcation decision reveals Mozambique’s reliance on a parallel ICC arbitration to bar an UNCITRAL tribunal’s jurisdiction; preliminary objections are ultimately joined to the merits
Jan 22, 2021 -
Easing of Qatar-Saudi Arabia tensions could affect treaty-based arbitrations
Jan 14, 2021 -
Looking Back: Tribunal in Phoenix v. Czech Republic declined jurisdiction after finding that the investment had not been made in good faith
Jan 12, 2021 -
Details of treaty-based claim against Mozambique surface, as Indian investor complains of frustrated rail and port construction project
Nov 05, 2020 -
Central and Southern Africa Round-up: an UNCITRAL claim against Mozambique, an ICC mining arbitration in the DRC, and trouble in Zambia
Nov 02, 2020 -
ICSID dismisses challenge to Grigera Naon in telecom case against Venezuela
Oct 28, 2020 -
Three are in place to hear OIC Investment Treaty arbitration taking place in shadow of Saudi-Qatari diplomatic dispute
Oct 20, 2020 -
United States sets out views on judicial conduct in Lion Mexico NAFTA arbitration
Aug 13, 2020 -
Greek shipyard arbitration sees yet another arbitrator challenge, this time directed at Juan Fernandez Armesto - but Greece fails in bid to replace chair
May 14, 2020 -
Revealed: In previously-unseen ICC investment treaty award, Serbia prevailed as majority ruled that Croatian investor’s interest in a series of commercial agreements did not constitute a protected investment
Apr 14, 2020 -
Panama round-up: One new claim, two new tribunals, and three arbitrations about to conclude
Apr 02, 2020 -
Tribunal denies Russian investor interim relief over criminal investigations and allegations of witness intimidation
Mar 11, 2020 -
Hungary fails to annul award in favour of French investor at ICSID
Mar 11, 2020 -
[UPDATED] Morocco's jurisdictional objections to Carlyle Group claims come to light; tribunal agrees to bifurcate proceedings
Jan 23, 2020 -
Analysis: as hearings loom in Gramercy v. Peru, we analyze the parties' arguments in bitterly-fought arbitration over decades-old debts
Jan 13, 2020 -
Colombia files for annulment of $19+ million Glencore award
Dec 31, 2019 -
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 -
ICSID once again turns to Juan Fernandez-Armesto to chair a Venezuela arbitration
Oct 10, 2019 -
Three are in place to hear dispute under the UK-United Arab Emirates BIT, with Fernandez-Armesto tapped to chair
Sep 13, 2019 -
Revealed: in Cengiz v. Libya BIT award, ICC tribunal saw dual-faceted failure of state to provide basic security during war, but frowned on bid for lost profits
Sep 09, 2019 -
Glencore v. Colombia award: On jurisdiction and admissibility, tribunal sees no ‘red flags’ of corruption, but declines jurisdiction over umbrella clause claim
Aug 30, 2019 -
Glencore v. Colombia award: on merits, tribunal finds that Colombia’s fiscal authority applied an unreasonable methodology to establish damages
Aug 30, 2019 -
Breaking: Arbitrators render award in Glencore v. Colombia, awarding $19+ million to the investor
Aug 27, 2019 -
Fernandez-Armesto chaired tribunal hearing Gramercy v. Peru bondholder case reaffirms and clarifies its previous non-aggravation order
Aug 11, 2019 -
USA submits non-disputing party brief in Peruvian bondholder dispute, stressing importance of procedural requirements and rejecting concept of judicial expropriation
Jul 17, 2019 -
Colombia round-up: Newly approved bilateral investment treaties, dispute settlement discussions, pleadings and decisions in ongoing arbitrations
Jul 08, 2019 -
ANALYSIS: Flughafen v. Venezuela decision reveals reasons why ICSID ad-hoc committee spared award from annulment
May 17, 2019 -
Venezuela annulment decision finally surfaces, shedding light on reasons for upholding of Tenaris & Talta (2) award
Apr 05, 2019 -
In previously-unseen Alvarez y Marin v. Panama award, reasons are revealed for why a majority declined to take jurisdiction over investment in indigenous territory - and why Grigera Naon dissented
Mar 13, 2019 -
Morocco claim to be chaired by Juan Fernandez-Armesto
Feb 26, 2019 -
ANALYSIS: In now-public award, Anglo-Adriatic arbitration against Albania is seen to have been dismissed after tribunal finds that investor does not own purported investment; tribunal also addressed security for costs issue
Feb 14, 2019 -
[UPDATED with award link] Anglo-Adriatic claim against Albania comes to an end after jurisdictional briefing
Feb 11, 2019 -
ANALYSIS: Paris Court of Appeal deemed that treaty's time-bar provisions should have affected tribunal's quantum analysis in billion dollar ruling
Jan 31, 2019 -
Damages portions of $1.2 billion arbitral award against Venezuela are annulled by Paris Court
Jan 30, 2019 -
Fernandez Armesto tapped to chair Energy Charter Treaty claim against Romania
Jan 28, 2019 -
An update on under-the-radar arbitral rulings that address Achmea objection
Jan 13, 2019 -
Venezuela’s bid to annul $500 million award fails; committee finds that it can’t review alleged partiality of arbitrator
Dec 17, 2018 -
Venezuela round-up: an update on recent developments in investment claims against the state
Dec 10, 2018 -
Armesto-chaired tribunal saw no abuse of process by claimant in Egypt-Israel Peace Pipeline project, and no due process failure because Egyptian parties needed to fend off claims from two different entities in one ICC arbitration
Dec 07, 2018 -
In award, ICC tribunal sees no proof of corruption in cross-border energy pact, and dismisses force majeure defence raised by state-owned companies
Dec 07, 2018 -
ICC Tribunal finds that international agreement includes an implicit good faith obligation; DCF damages analysis of cross-border pipeline dispute assesses country risk of two jurisdictions
Dec 07, 2018 -
Armesto-chaired BIT tribunal sees failure to protect Turkish investment, orders $50+ mil for Cengiz Insaat in new ICC award; updates on 6 other Turkish investor claims v. Libya
Dec 03, 2018 -
In new ruling, a divided tribunal dismisses claims of Costa Rican and Dutch investors against Panama
Oct 15, 2018 -
Analysis: In a striking new award, ICSID tribunal rules that Achmea judgment does not cast shadow over ICSID-based arbitration; but efforts to empanel ad-hoc committees to review such intra-EU BIT awards keeps getting harder
Oct 11, 2018 -
Arbitrators order parties in Gramercy v Peru case to refrain from aggravation of dispute
Sep 04, 2018 -
In-depth: Arbitrators in Lion v. Mexico case determine that mortgages fall under NAFTA's investment chapter, but promissory notes do not
Aug 01, 2018 -
Arbitrators weigh in with jurisdictional ruling in Mexico NAFTA dispute
Jul 31, 2018 -
Peru wants arbitrators to restrain U.S. hedge fund from certain publicity activities, but denies that it is seeking an interim measures order
Jul 26, 2018 -
UNCITRAL BIT tribunal issues jurisdictional ruling in claims brought against Czech Republic by a Czech Senator's Cypriot companies; dispute centers on permitting of video lottery terminals
May 10, 2018 -
Hedge fund's bond claim against Peru moves into gear, as a chair is finally chosen for $1.6 billion arbitration
Mar 01, 2018 -
Juan Fernández-Armesto is tapped to chair UNCITRAL BIT claim against Belarus
Feb 12, 2018 -
Fernandez-Armesto tapped to chair another Czech BIT arbitration: Pawlowski A.G. and Project Server v. Czech Republic
Nov 07, 2017 -
Arbitrators named in UNCITRAL bilateral investment treaty claim by Slot Group A.S. against Poland
Oct 26, 2017 -
Rolf Knieper once again tapped by ICSID to preside over an annulment committee
Oct 21, 2017 -
Fernandez-Armesto chaired tribunal weighs in with award in the first of a trilogy of cases centered on Greek shipyard - ICC case saw an unusual bid by EC to intervene
Oct 05, 2017 -
Balkans update: a new claim for Kosovo and a tribunal is set for Albania arbitration
Jul 23, 2017 -
Luca Radicati di Brozolo is tapped to chair latest Colombia BIT tribunal
Jul 11, 2017 -
Arbitrators agree to hear one of Mexico's jurisdictional objections on a preliminary basis, but decline to shift seat of NAFTA proceedings
May 31, 2017 -
ICSID Annulment Round-Up: requests filed in relation to awards involving Italy, Hungary, Argentina and Venezuela
May 03, 2017 -
Overview: what's happening in Egypt-Israel gas pipeline arbitrations
May 02, 2017 -
As Libya begins to see wave of investment treaty arbitrations, at least seven Turkish BIT claims are pursued at ICC
Mar 31, 2017 -
In new award in second Tenaris case, arbitrators weigh in on the effects of Venezuela’s denunciation of ICSID Convention - and then find the state liable for BIT breach
Feb 01, 2017 -
Damages: in second case brought to ICSID by Tenaris and Talta, a discounted cashflow (DCF) valuation is embraced by arbitrators
Feb 01, 2017 -
CEAC sees another setback - this time in UNCITRAL arbitration - in its fight with Montenegro
Jan 13, 2017 -
ANALYSIS: unpacking the recent annulment decision in SAUR v. Argentina
Dec 21, 2016 -
Ad-hoc committee rejects Argentina's attempt to annul award in favour of water concession investor
Dec 19, 2016 -
French investor wins 23 million EUR under France-Hungary BIT
Dec 16, 2016 -
Venezuela hit with $160 million award (including pre-award interest) in second of two cases brought by Tenaris
Dec 13, 2016 -
Arbitrators nix Mexico’s bid to dismiss NAFTA case on expedited basis, and also decline to view Canadian claimant as effectively American for purposes of deciding on a neutral seat
Dec 12, 2016 -
The Rusoro v Venezuela award: examining jurisdiction, time-bar and illegality allegations
Aug 27, 2016 -
The liability holdings in Rusoro v Venezuela: taking is unlawful; performance requirements obligation is breached; counter-claims not permitted
Aug 27, 2016 -
At damages phase in Rusoro v Venezuela gold mining case, arbitrators nix DCF, comparable companies and comparable transactions valuation methods
Aug 27, 2016 -
Billion dollar arbitral award rendered in claim brought by Rusoro Mining against Venezuela
Aug 23, 2016 -
On heels of Glencore's filing for arbitration against Bolivia, a tribunal is finalized to hear commodity trader's separate claim against Colombia
Aug 07, 2016 -
Tribunal constituted in NAFTA claim against Mexico, with Fernandez-Armesto in the chair
Jul 29, 2016 -
The Czech Republic: updates on fifteen investment treaty disputes
May 24, 2016 -
Balkans update: unpublicized treaty cases come to light - Medusa v. Montenegro and Civis v. Serbia - and an arbitrator challenge to Jernej Sekolec shakes up an ad-hoc tribunal
Apr 19, 2016 -
Arbitrators in Panama eco-tourism BIT dispute weigh in with ruling on preliminary objections
Apr 13, 2016 -
An update on three investment treaty claims against Hungary
Feb 24, 2016 -
Fernandez-Armesto-chaired ICC tribunal finds $2 billion damages in Egyptian gas case, with other claims - including treaty cases - still pending
Dec 07, 2015 -
Disagreement over domestic law underpins Occidental partial annulment, while challenges to 2008 jurisdictional decision are rejected
Nov 03, 2015 -
Balkans update: Serbia prevails over Croatian investor in rare ICC-rules treaty claim; unrelated claim under Kosovo investment statute threatened by a Serbian investor
Oct 23, 2015 -
Arbitrators finalized for investment proceedings against Cameroon, Panama, and Venezuela (Venoklim annulment)
Oct 01, 2015 -
Panels finalized for three ICSID treaty-based arbitrations: Alpiq v. Romania, PT Ventures v. Cabo Verde and Ali Alyafei v. Jordan
Sep 16, 2015 -
Brigitte Stern's co-arbitrators weigh in with their verdict on a bid to remove her from Venezuela case
Jun 15, 2015 -
Investors eschew diplomatic niceties in bid to disqualify arbitrator- a tactic that carries great risk, but occasional reward
May 12, 2015 -
Unpacking the reasoning of the ad-hoc annulment committee in the Tza Yap Shum v Peru (narrow arbitration clause) case
Apr 16, 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-Depth: unpacking the damages calculations that led to $450,000,000 arbitral payday for Owens-Illinois
Mar 19, 2015 -
In-Depth: as $3 billion of ICSID arbitral debt piles up on Venezuela, arbitrators are seen to disagree on key factors affecting compensation
Mar 16, 2015 -
Venezuela hit with $450+ million award (incl. interest), arbitrators rule on lawfulness of expropriation, exchange controls and factory occupation
Mar 12, 2015 -
Venezuela Update: an arbitrator is challenged, and a new case is initiated
Jan 20, 2015 -
Flughafen v. Venezuela: arbitrators consider effect of political risk on projected cash-flows - and jurisdiction over joint claims and (partly) state-owned investor
Nov 28, 2014 -
In-Depth: Venezuelan courts work properly to correct administrative decisions, but Supreme Court's flawed actions trigger liability
Nov 28, 2014 -
In a rare finding, Venezuela is held liable not only for expropriating foreign-owned airport - but for a denial of justice by its highest court
Nov 23, 2014 -
Tribunal is named for bank's BIT claim vs. Greece as European Commission makes new amicus bid in another ICSID proceeding
Oct 21, 2014 -
In Oxy case, ICSID panel sees no present reason to grant request for partial enforcement of stayed $1.75 bil award so as to offset potential tax collection by Ecuador
Sep 24, 2014 -
Final award from Abengoa & COFIDES v. Mexico arbitration now available for download
May 28, 2014 -
ANALYSIS: In SAUR case, Arbitrators value damages for various treaty breaches together, and use costs order to incentivize realistic claims valuations
May 27, 2014 -
Argentina ordered to pay $40 million, plus substantial interest, to investor in thwarted water project
May 23, 2014 -
Newly-obtained Mexican BIT award reveals that arbitrators disagreed on jurisdiction over state-owned claimant; details emerge of final settlement sum
May 21, 2014 -
Mexico held liable for expropriation of waste facility, and for additional mistreatment prior to the taking in Abengoa case
May 21, 2014 -
DCF method used to value waste plant that operated for mere months; arbitrators ask if investor added to harm due to poor consultation with locals
May 21, 2014 -
Arbitrators named for claim by Greek shareholders in Cypriot bank and for claim by French investor against Hungary
Mar 19, 2014 -
In Kazakh case, annulment committee declines to second-guess move by tribunal to impose higher bar for what constitutes a protected investment
Feb 23, 2014 -
Repeat appointments by claimant’s law firm were at center of (rejected) challenge to arbitrator in Venezuela case, but less central in Repsol v. Argentina case
Oct 17, 2013 -
Tribunals finalized to hear second arbitration by Tenaris and Talta against Venezuela, as well as by RSM against Saint Lucia
Aug 08, 2013 -
Caratube oil company takes new tack in dispute with Kazakhstan: new claims brought to ICSID while earlier losing award remains under review
Jun 18, 2013 -
Scope of Mexico’s latest loss in waste management case comes into view, as BIT arbitral award is pursued via law on transparency
Jun 11, 2013 -
Mexico is found liable for breach of investment treaty in dispute with Spanish owners of waste management facility
Apr 23, 2013 -
Three panelists named to decide fate of billion dollar arbitral award from Occidental v. Ecuador case
Jan 22, 2013 -
Tribunal is put in place to hear expropriation claim lodged by Canadian gold miner Rusoro against Venezuela
Jan 09, 2013 -
Personnel picked for several ICSID annulment committees; Philip Morris v. Australia case leads to resignation of a pair of arbitrators
Dec 21, 2012 -
Arbitrators weigh disqualification of Venezuela’s damages expert, but decide his earlier contacts with claimant don’t warrant it
Sep 16, 2012 -
Newly-released SAUR v. Argentina decision touches on illegality, test for expropriation, and financial "strangulation" of a concessionaire
Jun 14, 2012 -
Argentina liable for breach of investment treaty in ICSID dispute with French water company SAUR
Jun 11, 2012 -
Profiling the arbitrators in the Owens Illinois v. Venezuela and Tulip Real Estate v. Turkey cases
Apr 10, 2012 -
Canada prevails in NAFTA arbitration over thwarted garbage disposal project; costs ruling obliges government to shoulder its defence costs
Sep 27, 2011 -
New Government in Peru confronts recent arbitration loss, and new claims by foreign investors in electricity transmission, construction, and port sectors
Aug 04, 2011 -
Majority sets out its damages analysis of U.S. investor’s claim against Ukraine arising out of thwarted radio broadcasting investments
Mar 30, 2011 -
ICSID panels convened in disputes over Uruguay’s tobacco policies, Venezuelan airport concession, Polish health-care venture, and Hungarian energy investment
Mar 30, 2011 -
Arbitral Tribunal orders Ukraine to pay 8.7 Million USD to U.S. investor for breach of bilateral investment treaty
Mar 28, 2011 -
Panels finalized in ICSID claims against Peru and Romania, and in Jordan annulment proceeding
Feb 01, 2011 -
Venezuela prevails in treaty-based arbitration, as arbitrators decline jurisdiction over investor claim
Sep 15, 2010 -
ICSID Docket Round-Up: New Claim against Venezuela; Tribunals appointed in Mexico and Grenada cases; Cases against Yemen and Romania are discontinued
Aug 28, 2010 -
Arbitrators in Kazakh case look dimly on investor’s document discovery bid in US courts; reminiscent of tribunal posture in El Salvador power arbitration
Jun 27, 2010 -
Ukraine broadcasting award canvases treaty interpretation, review of regulatory agencies, and media policy
Feb 09, 2010 -
Ukraine in breach of bilateral investment treaty; US radio sector investor suffers unfair treatment
Jan 27, 2010 -
Tribunals convened in ICSID cases involving Turkmenistan, Ukraine and Venezuela
Dec 21, 2009 -
One arbitrator disqualified, while challenge to another is rejected in UNCITRAL BIT arbitration against Venezuela
Nov 30, 2009 -
Dominican Republic settles trio of electricity arbitrations
Sep 19, 2009 -
ICSID panel interprets narrow-looking jurisdictional clause so as to permit arbitration over alleged expropriation (in Peru)
Jun 29, 2009 -
ICSID claim against Czech Republic dismissed; investor restructured with sole intent to internationalize dispute
Apr 17, 2009 -
More details emerge of Dominican Republic arbitrations over electricity concession; arbitrators revealed in several cases
Feb 28, 2009 -
Replacement arbitrator appointed in TCW v. Dominican Republic CAFTA arbitration over electricity investment
Jan 05, 2009 -
Claimant in garbage disposal dispute with Canada seeks closed-door hearings and wants amicus curiae to pay $25,000 fee
Nov 12, 2008 -
UNCITRAL tribunal rules that electricity claim can proceed against Dominican Republic; parallel CAFTA claim also afoot
Oct 09, 2008