Oscar M. Garibaldi - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Oscar M. Garibaldi

• Analysis: Elliott v. South Korea tribunal finds that respondent’s undue interference with corporate merger to benefit local grandees related to the claimant’s investment, and awards 53.6 million USD in damages
  Jul 24, 2023
• Award and Separate Opinion in Elliott v. South Korea surface, as state lodges set-aside proceedings and seeks correction and clarification
  Jul 18, 2023
• [Updated] South Korea is held liable for treaty breach in arbitration dispute over Samsung-Cheil merger
  Jun 20, 2023
• Analysis: SCC tribunal in Triodos v. Spain upholds ECT claim for breach of legitimate expectations in intra-EU dispute over photovoltaic tariffs
  Feb 16, 2023
• Japanese investor asks for rectification of Spanish renewables award
  Jan 11, 2023
• Analysis: Unpacking the reasons that led the Eurus v. Spain tribunal to award 106+ million USD to compensate for the claw-back component of Spain’s new regulatory regime
  Nov 21, 2022
• Spain is ordered to pay 106+ million EUR to Japanese wind farm investor
  Nov 16, 2022
• ICSID tribunal is in place to hear contract-based power plant arbitration against Iraq
  Oct 12, 2022
• Canadian non-disputing party submission in Lupaka v. Peru addresses sale of investment before the claim was lodged, rules of attribution, and substantive standards of treatment under the Canada-Peru FTA
  Jun 30, 2022
• Tribunal hearing gold mining arbitration against Peru is reconstituted
  Apr 22, 2022
• Three are in place to hear under-the-radar treaty arbitration against Bolivia
  Oct 20, 2021
• A new chair is named to hear the quantum phase of the Eurus v. Spain ECT arbitration
  Oct 13, 2021
• Analysis: ICC tribunal finds that the Dominican Republic violated its duty to negotiate a power purchase agreement, but only awards sunk costs
  Jun 02, 2021
• ICC tribunal holds the Dominican Republic liable for breach of wind energy concession, but the claimant is only awarded sunk costs
  May 12, 2021
• Tribunal is nominated to hear power services claim against Turkey
  Apr 23, 2021
• Bolivia Round-Up: Two new cases against the state, plus other arbitration developments, including threats of proceedings against COVID-19 vaccine producers
  Apr 21, 2021
• Tribunal is in place to hear mining claim
  Apr 05, 2021
• Analysis: Tribunal majority in Eurus v. Spain gives weight to EU law in assessing the claimant’s legitimate expectations
  Mar 29, 2021
• Tribunal in latest Spanish ECT award grants weight to EU state aid obligations and finds sole breach in claw-back measure
  Mar 24, 2021
• [Updated] Mexico Round-Up: A controversial bill, a new treaty, and an update on arbitration threats and ongoing proceedings against the state
  Mar 11, 2021
• Analysis: In Rios v. Chile, arbitrators disagree over limitation period for continuing breaches; “unequivocal and reasonable expectations”, sovereign acts, and substantial deprivation are at the centre of the tribunal’s expropriation analysis
  Jan 21, 2021
• Kaufmann-Kohler chaired tribunal dismisses claims in Rios v. Chile; arbitrators split on time-bar for continuous breaches
  Jan 12, 2021
• [UPDATED] As tribunal splits on jurisdiction, Spain prevails in under-the-radar UNCITRAL treaty claim
  Apr 23, 2020
• Alfredo Bullard is tapped to chair marine services dispute against Mexico
  Mar 10, 2020
• US lays out its interpretation of KORUS FTA key provisions
  Mar 06, 2020
• Korea round-up: an update on three treaty-based disputes against the state
  Feb 17, 2020
• Balkans round-up: Slovenian and Macedonian cases are discontinued, Bulgaria case moves to the merits, and awards loom in a quartet of other cases in the region
  Feb 03, 2020
• Tribunal is in place for UNCITRAL BIT arbitration, with Barros Bourie tapped to chair the proceedings
  Jan 22, 2020
• Colombia files for annulment of $19+ million Glencore award
  Dec 31, 2019
• UNCITRAL tribunal permits Korea to request redactions of personal information from filings under domestic data privacy law
  Sep 01, 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
• Latin America round-up: an update on disputes against Bolivia, Chile and Peru
  Aug 27, 2019
• In new disqualification ruling by PCA Secretary General, arbitrator's repeated past work as counsel adverse to state is sufficient to justify his removal
  Jul 14, 2019
• Colombia round-up: Newly approved bilateral investment treaties, dispute settlement discussions, pleadings and decisions in ongoing arbitrations
  Jul 08, 2019
• An update on investment treaty claims filed against the Republic of Korea
  Jan 14, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• Tribunal in place, with Alexandrov in chair, to hear ICC arbitration arising out of Caribbean wind farm
  Dec 20, 2018
• Tribunal of Kaufmann-Kohler, Stern and Garibaldi see an attorney-client privilege and common interest privilege flowing from general principles of law
  Oct 07, 2018
• Korea investment treaty arbitrations: a round-up of recent developments
  Sep 24, 2018
• In new pleading in public transit arbitration, Chile raises waiver and time-bar objections, and also offers its interpretation of substantive obligations of Chile-Colombia FTA
  Jul 11, 2018
• New investment treaty claim against Spain will be chaired by French lawyer Carole Malinvaud
  Jun 17, 2018
• Former ICJ Judge chosen to chair energy charter treaty claim against Bulgaria
  Jun 04, 2018
• Investors in Santiago’s public transport system lay out their case for breach of Colombia-Chile FTA - and present Kaufmann-Kohler-chaired tribunal with another chance to opine on creeping expropriation
  Mar 12, 2018
• Gabrielle Kaufmann-Kohler to chair Colombia-Chile FTA arbitration
  Dec 07, 2017
• New details - and identity of arbitral nominee - emerge in Colombian investors' FTA claim against Chile
  Jul 17, 2017
• Luca Radicati di Brozolo is tapped to chair latest Colombia BIT tribunal
  Jul 11, 2017
• 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
• Crawford and Collins are each tapped (again) to chair Energy Charter Treaty claims against Spain
  May 04, 2016
• Parties in Enel v. El Salvador arbitration agree on a former senior counsel at ICSID to serve as chair in pending arbitration
  May 30, 2014