Andrea Giardina - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Andrea Giardina

• Analysis: In Exxon v. Venezuela resubmission award, ICSID tribunal ponders res judicata effect of previous decisions, and finds that contractual limitation of liability mechanism would have been key in the valuation of damages owed on account of lawful expropriation
  Aug 02, 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
• Analysis: Tribunal rules that Maduro government should continue to represent Venezuela in ICSID arbitration, invoking the status quo principle
  Sep 15, 2022
• Co-arbitrators dismiss Venezuela’s renewed attempt to disqualify Stephen Drymer from ICSID tribunal
  Nov 11, 2021
• A new chair is named to hear the quantum phase of the Eurus v. Spain ECT arbitration
  Oct 13, 2021
• Co-arbitrators dismiss Venezuela’s challenge to Stephen Drymer in ICSID arbitration
  Aug 25, 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
• Arbitrators comings and goings: A new resubmission tribunal, a revision tribunal, and a new chair
  Aug 18, 2020
• Breaking: SCC tribunal finds no breach of Energy Charter Treaty by Italy, in latest award to decide renewables claims
  Mar 27, 2020
• Looking Back: In Lucchetti v. Peru, arbitrators declined jurisdiction ratione temporis, side-stepping Peru’s allegations of corruption; majority of ICSID ad hoc committee denied request for annulment
  Sep 19, 2019
• In ConocoPhillips’s second ICC arbitration against PdVSA, tribunal uses amiable compositeur powers to find that Venezuela should repay loan – but other contractual claims are dismissed
  Aug 09, 2019
• In second ICC arbitration against Venezuela’s PDVSA, ConocoPhillips is awarded only $54 million (US), including interest
  Aug 05, 2019
• Looking Back (3 of 3): Resubmission tribunal in Klockner v. Cameroon awards compensation to investor, and second ad hoc committee declines to annul award
  Mar 19, 2019
• In newly-uncovered award in Tomasz Czescik and Robert Aleksandrowicz v. Cyprus, Derains-chaired tribunal sees no expropriation arising from government's financial crisis response
  Dec 13, 2018
• Looking Back (2 of 4): Amco Asia v. Indonesia tribunal’s finding that investment license was unlawfully revoked is knocked down by annulment committee that saw “insufficiently pertinent” reasons
  Oct 14, 2018
• ConocoPhillips concludes settlement agreement with PdVSA regarding payment of recent $2 billion ICC Award
  Aug 20, 2018
• Cyprus disputes round-up: an update on efforts by investors to sue Cyprus over 2013 restructuring of key banks
  Jul 24, 2018
• Looking Back: early ICSID awards against Congo-Brazzaville in AGIP and Benvenuti & Bonfant cases touched on stabilization clauses, flouting of provisional measures, and questions of quantum
  May 18, 2018
• ANALYSIS: review of Conoco-PdVSA ICC award reveals why tribunal saw two measures in breach of contract – including income tax hike over which ICSID tribunal had declined jurisdiction
  Apr 30, 2018
• ANALYSIS: in new ICC award, tribunal uses ex-post data valuation, rejects demand for compound interest, and finds that availability of investment treaty arbitration should mitigate country risk
  Apr 30, 2018
• As ICSID process grinds on, ICC tribunal weighs in with ruling under contract and orders PDVSA to pay ConocoPhillips $2 billion for breach of oil contracts
  Apr 25, 2018
• Looking Back: In Tradex v. Albania case, arbitrators saw jurisdiction under domestic investment law, but claimant fails to prove expropriation or attributability to the state
  Nov 13, 2017
• Italy claims: A trio of Energy Charter Treaty arbitrations emerge in Stockholm, a tribunal is appointed at ICSID, and some repeat-players are beginning to emerge
  Aug 24, 2017
• Cyprus prevails in first treaty-based claim relating to banking sector measures
  Feb 23, 2017
• Crawford and Collins are each tapped (again) to chair Energy Charter Treaty claims against Spain
  May 04, 2016
• UPDATED: Conoco v. Venezuela ICSID case stalls again as chairman Kenneth Keith resigns, and appears in danger of being eclipsed by parallel ICC arbitration
  Mar 23, 2016
• Round-up of known claims under European Development Fund arbitration rules
  Aug 03, 2015
• Arbitrators reject Greek investor’s claims that Romanian tax enforcements and food safety inspections breached investment treaty; Romania must bear $4 Million of its legal costs
  Dec 15, 2011
• Arbitrators decline jurisdiction over Romania’s counter-claim against investor; Counter-claims popping up in other ICSID cases, particularly Ecuadorian oil disputes
  Dec 15, 2011
• Patrick Mitchell v. Democratic Republic of Congo award is annulled at ICSID
  Nov 01, 2006