Emmanuel Gaillard - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Emmanuel Gaillard
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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