Gilbert Guillaume - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Gilbert Guillaume

• Looking Back: In Siemens v. Argentina, arbitrators used MFN to bypass local litigation requirement and found an expropriation of contractual rights, but ultimately saw their award abandoned as part of Siemens' settlement of bribery scandal
  Feb 03, 2020
• Looking Back: Salini v. Jordan tribunal was one of the first to chime in on a number of important jurisdictional issues; claimants ultimately left empty-handed
  Aug 07, 2019
• Looking Back: On the merits, CMS tribunal finds Argentina liable for breaches of FET and umbrella clause, sparks debate on necessity defense; despite partial annulment and heavy criticism from annulment committee, the award stands
  Jan 30, 2019
• In a rare move, France invites public applications from candidates seeking a spot on ICSID panels of arbitrators and conciliators; double-hatting will not be tolerated
  Oct 30, 2018
• ICJ President reveals that ICJ judges will not participate in investor-state arbitration in the future
  Oct 27, 2018
• Exxon goes back to ICSID, asking a new tribunal to rule on damages in aftermath of 2017 annulment of $1.4 billion damages award
  Oct 27, 2018
• Looking Back: In World Duty Free v. Kenya, arbitrators refused to enforce a government contract procured through bribery
  Sep 09, 2018
• Looking Back: In first known arbitration under ASEAN Agreement, Yaung Chi Oo Trading v. Myanmar, arbitrators decline jurisdiction due to lack of written approval of investment, and find that the Agreement is not amended by a later treaty
  Mar 05, 2018
• Looking Back: MTD v. Chile tribunal used MFN to import entirely new obligations from other BITs and frowned on inconsistency between state agencies - but reduced damages due to investor's own lack of due diligence
  Oct 04, 2017
• Looking Back: In Impregilo v Pakistan case, arbitrators needed to grapple with distinction between treaty/contract claims and scope of umbrella clause
  May 22, 2017
• ANALYSIS: Exxon annulment committee chastises tribunal on proper role of domestic law in BIT compensation determinations
  Mar 09, 2017
• Breaking: $1.4 billion damages in favour of Exxon are annulled, as ICSID annulment panel finds fault with earlier tribunal's damages reasoning in Venezuela case
  Mar 09, 2017
• UPDATED WITH FULL ANALYSIS: Burundi liable for not protecting real estate investment of Belgian businessman, but nets very little compensation for BIT breach
  Apr 15, 2016
• Arbitrators in Exxon v. Venezuela case conclude that government triggered revision process in order to hinder enforcement of earlier award
  Jun 18, 2015
• Arbitrators in Exxon v. Venezuela case award $1.6 bil with an asterisk, and part ways with Conoco tribunal in deeming expropriation to have been lawful
  Oct 09, 2014
• In Exxon v. Venezuela case, arbitrators apply hefty discount rate to anticipated cash flows, and view the risk of confiscation as part of "country risk"
  Oct 09, 2014
• As foreign investors arbitrate with India, the International Court of Justice could play an unusual role
  Nov 12, 2012
• Notion of “creeping” violation of fair and equitable treatment gets another endorsement in recent investment treaty arbitration
  Aug 19, 2012
• Macedonia defeats core claims of Swiss investor, but bureaucratic shortcomings lead to a finding of treaty breach
  Aug 01, 2012
• In new arbitral ruling, Burundi is held liable for treaty-breaches in long-running quarrel with Belgian investors
  Jul 03, 2012
• ICSID tribunal admits counter-claim in BIT dispute; outcome is a setback for counsel that had recently sat as arbitrator in case where counter-claims were excluded
  Jul 03, 2012
• New Books, Articles and Materials on Investment Treaty Law and Arbitration: December 2010 to April 2011
  Apr 11, 2011
• Panels finalized in ICSID claims against Peru and Romania, and in Jordan annulment proceeding
  Feb 01, 2011
• Venezuelan cement industry nationalization to be arbitrated under investment treaty, but tribunal sides with Venezuela in ruling that domestic statute does not provide path to international arbitration
  Jan 13, 2011
• Arbitrators in Exxon case rule that Venezuelan statute does not provide consent to ICSID arbitration; BIT claim for nationalization will proceed
  Jun 16, 2010
• ICSID round-up: tribunals picked in Kazakh and Macedonia cases
  Apr 09, 2010
• Tribunal won’t tie Venezuela’s hands in dispute with cement company (Cemex); meanwhile, new claim (Tidewater) lands at ICSID
  Mar 18, 2010
• Reasons for failed challenge to arbitrator emerge in Cemex v. Venezuela case
  Dec 21, 2009
• ICSID arbitrators promptly reject bid to disqualify third member of tribunal in nationalization dispute (Cemex v. Venezuela)
  Nov 13, 2009
• Venezuela challenges arbitrator in ICSID cement nationalization claim
  Oct 30, 2009
• ICSID tribunals picked in CEMEX v. Venezuela and Deutsche Bank v. Sri Lanka arbitrations
  Jul 17, 2009
• ICSID tribunal holds Zimbabwe in breach of investment treaty obligations for dispossession of Dutch farmers
  Apr 23, 2009