Juan Fernandez-Armesto - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Juan Fernandez-Armesto

• 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• Settlement award between Amir Masood Taheri and UAE comes to light; claim was withdrawn following discrepancy in evidence and disclosure of third-party funding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