Emmanuel Gaillard - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Emmanuel Gaillard

• Looking Back: Global Trading v. Ukraine tribunal was first to dismiss all claims as manifestly without legal merit under ICSID Arbitration Rule 41(5), finding that claimants had no protected investment
  May 03, 2023
• Paris Court of Appeal sets aside ICC award based on eulogy for Emmanuel Gaillard by the tribunal chair, which revealed a close personal relationship between the arbitrator and the claimant’s counsel
  Jan 12, 2023
• Looking Back: ICSID tribunal hearing dispute between Algeria and Italian water dam investors declined jurisdiction over consortium, emphasizing risk of rendering an unenforceable award
  Apr 11, 2022
• [Updated with new document] Iraq Round-Up: Iraq joins Mauritius Convention and New York Convention, an under-the-radar 26 billion USD dispute, and updates on other pending proceedings
  Oct 21, 2021
• Emmanuel Gaillard 1952-2021
  Apr 02, 2021
• Looking Back: In Pey Casado v. Chile (1), arbitrators weighed in on dual nationality and ratione temporis jurisdictional objections, and ultimately found Chile liable for denial of justice
  Jul 12, 2020
• Gabrielle Kaufmann-Kohler is selected as new chair in dispute between Iranian banks and Bahrain
  Jun 19, 2020
• Two cases are discontinued at ICSID following the parties’ settlements
  May 29, 2020
• Two cases are discontinued at ICSID - against Slovakia and Lithuania - after failures to pay advances on costs
  Nov 06, 2019
• Looking Back: Canfor/Tembec/Terminal softwood lumber arbitrations provided early engagement with questions of parallel NAFTA Chapter 11 proceedings
  Oct 10, 2019
• Looking Back: In RFCC v. Morocco, tribunal adopts objective test for investment under the ICSID Convention; annulment committee declines to annul award over immaterial contradiction in reasoning
  Apr 21, 2019
• In an apparent first, an arbitrator is disqualified from tribunal after state objects to his serving as counsel to investor in parallel case where jurisdiction over intra-EU claims was at issue
  Dec 13, 2018
• Looking Back (1 of 2): CSOB v. Slovakia arbitrators see a unique basis for jurisdiction, as BIT that had not entered into force is incorporated into parties’ contract
  Sep 28, 2018
• (UPDATED) ICSID Annulment Roundup: Three are named to hear latest Pey v. Chile phase and Teinver v. Argentina challenge, Venezuela hopes to roll back $800+ million in awards, and Eurogas & Belmont challenges Slovak award
  Dec 21, 2017
• Looking Back: in Eastern Sugar v Czech Republic case, inconsistent regulation targeted at foreign investor leads to a breach of fair and equitable treatment standard
  Oct 21, 2017
• Rudolf Dolzer to chair BIT arbitration against Bahrain over bank closure
  Oct 12, 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
• In-Depth: with publication of final award, tribunal’s reasons for dismissing EuroGas & Belmont v Slovakia case come into focus
  Sep 01, 2017
• Slovakia prevails in Eurogas Inc and Belmont Resources arbitration, as arbitrators dismiss all claims under US and Canadian BIT
  Aug 21, 2017
• Looking Back: (1 of 3) Cargill v. Poland UNCITRAL award surfaces, and arbitrators are seen to reckon with various jurisdictional objections and the implications of amendments made to U.S.-Poland investment treaty
  Aug 21, 2017
• Looking Back: (2 of 3) In Cargill v. Poland, Tribunal finds that sweetener quotas set by Poland -  and by European Union - breached national treatment obligation
  Aug 21, 2017
• Looking Back: (3 of 3) In Cargill v. Poland, respondent breached transparency requirement, but performance requirements did not rise to level of treaty breach
  Aug 21, 2017
• Looking Back: in Wena Hotels v. Egypt case, tribunal rejected corruption allegations and found an expropriation even though hotels were later returned to investor
  Aug 08, 2017
• Three new requests – including double arbitrator challenge – in longest-running ICSID case, Pey Casado v. Chile
  Nov 30, 2016
• In newly-released Lundin v. Tunisia ruling, arbitrators affirm jurisdiction over tax dispute and concede scope for a state to seek moral damages for reputational harm
  Nov 17, 2016
• Revisiting earlier award, tribunal in Montenegro case concedes that it had omitted to decide on some claims but finds no additional treaty breach
  Nov 09, 2016
• In new award, arbitrators in long-running case against Chile find that claimants did not make out their case for compensation
  Sep 14, 2016
• Fortier-chaired UNCITRAL tribunal dismisses BIT claim by former Iraqi government minister against Pakistan
  Sep 04, 2016
• Long-unpublished award against Republic of Georgia from Ares International case finds FET breach following bad faith negotiations, but frowns on broad notions of judicial expropriation
  May 16, 2016
• In MNSS v. Montenegro award, arbitrators look at conduct of bankruptcy administrator, police and judiciary - seeing one discrete breach, but no damages
  May 15, 2016
• In new BIT award, arbitrators scrutinize investors' complaints about conduct of their local bank - and the state's responsibility for alleged harms
  May 15, 2016
• Arbitrators grapple with purported contractual waiver of BIT rights, and judge whether two domestic statutes offer advance consent to ICSID arbitration
  May 15, 2016
• Law firm ties of ICSID arbitrators spur recent resignations from tribunals
  Mar 09, 2016
• Eurogas fights Slovakia's attempt to deny benefits of U.S.-Slovakia treaty - and elaborates on jurisdiction and merits case in new pleading
  Nov 23, 2015
• Claimants allege expropriation in Slovakia talc mine case, as state invokes denial of benefits clause and questions ownership of investment under domestic law
  Aug 03, 2015
• ICSID tribunal orders identification of third-party funder, but denies state’s request for security for costs and claimants’ request for provisional measures
  Aug 03, 2015
• Arbitrators named in Argentina, Hungary cases - and Schreuer's replacement is selected in Montenegro arbitration
  Apr 09, 2015
• In now-public Rupert Binder v. Czech Republic award, tribunal's vacated - and then reinstated - jurisdiction was exercised so as to find no breaches of treaty
  Feb 24, 2015
• Balkans Round-Up: updates on investment claims against Croatia, Serbia, and Albania
  Feb 04, 2015
• Arbitral tribunals constituted in three cases: EuroGas v. Slovakia, City-State v. Ukraine and InfraRed v. Spain
  Jan 21, 2015
• Jan Paulsson is tapped to chair Energy Charter Treaty arbitration claim proceeding under UNCITRAL rules
  Feb 25, 2014
• Despite Khodorkovsky release, majority owners of Yukos have no plans to drop $113 billion arbitration claim against Russian Federation as a final ruling looms
  Dec 24, 2013
• ICSID tribunals are picked in Slovenia highway dispute and Tunisia oil dispute
  Oct 16, 2013
• Panelists confirmed for ICSID claim against Montenegro and Deutsche Bank v. Sri Lanka annulment
  Apr 23, 2013
• Effort fails in bid to disqualify former Argentine official Gabriel Bottini in Saint-Gobain v. Venezuela arbitration
  Feb 28, 2013
• With partial annulment of Pey Casado v. Chile award, the door opens again for further arguments in ICSID’s longest-running case
  Dec 21, 2012
• Former Iraqi Minister initiates treaty claims against Pakistan, but government is slow to respond; at least three other arbitrations afoot
  Dec 21, 2012
• Personnel picked for several ICSID annulment committees; Philip Morris v. Australia case leads to resignation of a pair of arbitrators
  Dec 21, 2012
• ICSID Annulment Committee weighs in with a ruling on Security for Costs in El Salvador mining case
  Sep 22, 2012
• ICSID Claim against El Salvador is revived after claimants pursue third-party funding
  Aug 01, 2012
• ANALYSIS: What arguments underlay recent push to remove Guido Tawil from Ecuador arbitration?
  Mar 28, 2012
• Ethiopia prevailed in face of foreign investor’s attempt to use investment treaty to sue over ICC arbitral award
  Mar 04, 2012
• Efforts to set-aside intra-EU BIT award likely to be abandoned, as Czech government claims victory in arbitration
  Sep 07, 2011
• ICSID panelists named in annulment cases involving El Salvador and Egypt, and in arbitration arising out of Niger airport services dispute
  Aug 19, 2011
• Arbitrators dismiss claim against Ukraine for unpaid poultry shipments; transactions don’t qualify as investments eligible for ICSID arbitration
  Dec 16, 2010
• Tribunal constituted to hear series of non-payment claims against Turkmenistan
  Dec 16, 2010
• NYU Investment Law Forum events to resume on September 20th
  Aug 05, 2010
• Turkey prevails in Uzan-related $19 Billion arbitration claim; Dutch national unable to prove legal ownership of disputed telecoms firm
  Jul 19, 2010
• Tribunals convened in ICSID cases involving Turkmenistan, Ukraine and Venezuela
  Dec 21, 2009
• Majority finds that failure to examine wide definition of investment in UK-Malaysia BIT was manifest excess of powers
  Apr 19, 2009
• Analysis: Tribunal grapples with definition of investment under ICSID Convention in RSM v. Grenada case
  Apr 02, 2009
• Details surface of jurisdiction holdings in Binder v. Czech Republic; Ad-Hoc tribunal saw no conflict between BITs and EU Law
  Feb 28, 2009
• In-Depth: Turkey resists effort by two claimants to withdraw ICSID cases in electricity company disputes
  Feb 10, 2009
• Algeria not liable for treaty breaches related to dam project that foundered during civil war with Islamist guerrillas
  Nov 25, 2008
• Poland discriminated against US firm, Cargill, in sweetener quota allotment; Arbitrators reject several other claims
  Jul 16, 2008
• Challenge to ICSID arbitrator fails on basis of alleged lack of independence arising from concurrent arbitral appointments by the same government
  Jun 18, 2008
• ICSID’s longest-running claim is resolved as newspaper owner prevails in dispute with Chile; Chile held liable for denial of justice for delay in remedying Pinochet-era expropriation
  May 16, 2008
• Patrick Mitchell v. Democratic Republic of Congo award is annulled at ICSID
  Nov 01, 2006