Emmanuel Gaillard - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Emmanuel Gaillard

• 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