David R. Haigh - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT David R. Haigh

• Analysis: NAFTA tribunal in Lone Pine v. Canada finds that revocation of mining rights around the St. Lawrence River did not amount to an expropriation, considering that claimant retained other mining rights; tribunal majority also dismisses MST claim
  Feb 21, 2023
• ICSID tribunal declines request for disclosures regarding funder-affiliated claimant representative, considering absence of outside funding in the arbitration; non-appearance of legal expert at the hearing was justified
  Dec 10, 2022
• [Updated with a copy of the Award] Tribunal majority dismisses NAFTA claim arising out of revocation of fracking permit
  Nov 22, 2022
• Gabrielle Kaufmann-Kohler is tapped to chair DR-CAFTA arbitration against the Dominican Republic
  Nov 01, 2022
• ECT tribunal in Cavalum v. Spain awards 7.4 million EUR to PV investor, after finding that only 2 of the claimant’s 7 power plants do not achieve a reasonable rate of return
  Oct 03, 2022
• Co-arbitrators dismiss mid-hearing challenge against chair Inka Hanefeld; decision addresses failure to disclose involvement in Green Power arbitration and conduct at the hearing
  Sep 12, 2022
• Claimant challenges tribunal chair in electricity arbitration against Argentina
  Sep 09, 2022
• Cavalum v. Spain intra-EU ECT tribunal dismisses request for reconsideration of previous jurisdictional ruling in view of Green Power award
  Sep 09, 2022
• Cavalum v. Spain tribunal finds that interlocutory ICSID decisions upholding jurisdiction are not res judicata, but reckons that the CJEU’s Komstroy Judgment does not warrant reconsideration of intra-EU objection
  Jan 25, 2022
• Analysis: Lithuania’s Supreme Court finds that intra-EU BIT’s arbitration clause has been invalid since the state’s accession to the European Union, and declines to refer preliminary question to the CJEU
  Jan 21, 2022
• Invoking the CJEU’s case-law on intra-EU arbitration, Lithuania’s Supreme Court finds that ICSID arbitration is not an obstacle to airing the dispute before local instances
  Jan 18, 2022
• Belgian appeals court finds that Stati v. Kazakhstan award was procured through fraud
  Nov 17, 2021
• Analysis: GKK-chaired tribunal finds that Venezuela did not consent to arbitration under ICSID’s AF Rules and opines that MFN clauses cannot be used to create jurisdiction
  Nov 15, 2021
• ICSID AF tribunal declines jurisdiction over treaty claim against Venezuela
  Nov 09, 2021
• Bid to collect on controversial +$500 million award leads to threat of a new Energy Charter Treaty arbitration
  Aug 05, 2021
• Swedish court asks CJEU to rule on compatibility of ECT arbitration clause with EU law
  Mar 01, 2021
• Newly-disclosed award sheds light on attempt to disqualify quantum expert, and on allocation of costs in dispute between Oman’s sovereign wealth fund and Bulgaria
  Feb 22, 2021
• Analysis: In Devas v. India, tribunal majority applies DCF model to value a business with no operational activity, while dissenter would have awarded only sunk costs
  Jan 21, 2021
• Quantum award against India surfaces
  Jan 13, 2021
• Respondent's preliminary objections in the Orazul v. Argentina renewable energy arbitration will not be bifurcated
  Jan 11, 2021
• Arbitrators comings and goings: Three replacements and one resignation
  Oct 22, 2020
• Three are in place to hear Azerbaijani oil field modernization dispute
  Oct 19, 2020
• Analysis: In Cavalum v. Spain, majority finds that promise of reasonable return was the “cornerstone” of Spain’s renewables framework; David Haigh considers that claimants had vested right to higher incentives
  Sep 08, 2020
• Tribunal majority holds that investor in Spanish solar power plants merely had a legitimate expectation of a reasonable rate of return; David Haigh disagrees, seeing specific promises of stability
  Sep 02, 2020
• US is facing three UNCITRAL arbitrations arising out of its alleged failure to curtail long-running Ponzi scheme
  Aug 31, 2020
• [Updated] Invoking the EU Termination Agreement, Lithuania files claims against Veolia before local courts
  Jul 24, 2020
• Kazakhstan defeats enforcement of Stati/Ascom award against Central Bank assets – but award remains standing despite fraud allegations
  Jun 22, 2020
• Three are named to hear renewables claim against Argentina
  Jun 11, 2020
• Three are in place to hear Spain’s bid to annul photovoltaic power award
  Jun 08, 2020
• Spain files for annulment of €42 million ECT award
  Apr 08, 2020
• Singapore-Peru FTA claims are ready to proceed, as Radicati di Brozolo is selected to chair arbitration
  Oct 31, 2019
• Dutch court decision surfaces in Devas case, revealing reasons why award withstood India’s set-aside bid
  Aug 29, 2019
• Gabrielle Kaufmann-Kohler tapped to chair ICSID arbitration, following resignation of previous chair in face of challenge
  Aug 27, 2019
• Arbitrators render final award, months after Bulgaria announced end of claim by Oman’s sovereign wealth fund
  Aug 19, 2019
• Co-arbitrators disagree on merits of challenge in investment treaty arbitration
  Aug 15, 2019
• Breaking: Spain ordered to pay 41.7 million in new ECT award, as tribunal of Binnie, Haigh and Veeder reject intra-EU objection and deem Spanish renewables legislation to be a specific obligation to investor; claimant 9Ren is subsidiary of US private equity fund First Reserve
  Jun 02, 2019
• Venezuela challenges Stephan Schill as chair in Kimberly-Clark ICSID arbitration
  May 07, 2019
• Tribunal is finalized to hear Kimberly-Clark's claims against Venezuela
  Apr 01, 2019
• In now-public Energy Charter Treaty award (Greentech v Italy), Park-chaired tribunal finds that Achmea ruling does not preclude tribunal’s jurisdiction, but Sacerdoti dissents on liability
  Jan 13, 2019
• Tribunal chaired by William W. Park finds Italy liable for breach of Energy Charter Treaty; first loss for Italy in its string of renewables cases
  Dec 24, 2018
• Danish renewables firm wins Energy Charter Treaty case against Spain
  Nov 15, 2018
• An update on eight investment arbitration claims against Canada
  Sep 20, 2018
• Stati and Ascom v. Kazakhstan: UK appeals court allows claimants to avoid fraud trial, after they decide to abandon enforcement efforts in that jurisdiction
  Aug 13, 2018
• In now-public Devas v. India BIT award, arbitrators disagree on interpretation of “essential security interest” clause and extent to which national security concerns underlay state's conduct
  Jun 12, 2018
• Stati and Ascom v. Kazakhstan enforcement update: hearing of fraud allegations will continue in UK, despite claimant’s attempt at discontinuing those proceedings
  May 11, 2018
• India round-up: updates on the Vodafone, Devas and Tenoch (Bycell) arbitrations
  Nov 01, 2017
• As Kazakhstan pursues its fraud allegations against investors who won $500 million ECT award, Swedish Supreme Court confirms it won't set aside the ruling
  Oct 30, 2017
• Arbitrators in Lone Pine v. Canada case allow one NGO to file a brief in NAFTA fracking arbitration
  Sep 12, 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
• In lead-up to hearings in Lone Pine v. Canada NAFTA fracking arbitration, USA and Mexico offer views (and some support for certain of Canada's positions), while potential amici seek leave to intervene
  Aug 22, 2017
• English court will hold trial to assess whether alleged fraud was perpetrated on Kazakhstan in relation to $500 million Energy Charter Treaty award 
  Jun 07, 2017
• Hearings loom in previously-unpublicized Stockholm Energy Charter Treaty claim, as another investor pursues ICSID claim
  May 24, 2017
• TransCanada says it has permit for Keystone pipeline, and ICSID case is swiftly discontinued
  Mar 24, 2017
• Kazakhstan fails in bid to set aside half billion dollar Energy Charter Treaty award
  Dec 09, 2016
• NAFTA fracking case has a new timetable, as hearings loom next year
  Nov 09, 2016
• TransCanada and USA name their arbitrators in high-stakes NAFTA dispute
  Sep 26, 2016
• India liable for expropriation and unfair treatment in satellite dispute, but majority of tribunal says "essential security" defence scales back liability
  Jul 26, 2016
• ANALYSIS: As domestic courts second-guess arbitral verdicts in past Yukos cases, three more tribunals are currently assessing whether they have jurisdiction over Russia under ECT
  Apr 25, 2016
• Spain update: more claims surface in Stockholm and at ICSID, and several new tribunals are finalized
  Mar 03, 2016
• In NAFTA fracking case, Canada lays out full defence, seeing no treaty-protected property rights owned by investor
  Feb 29, 2016
• Bulgaria round-up: As two tribunals are constituted to hear claims against the state, authorities lock down arbitral award in a third case
  Feb 23, 2016
• More repeat arbitrators continue to emerge as tribunals are finalized in four more ICSID Cases against Spain
  Jan 25, 2016
• ICSID renewables claims against Spain reach 23, along with some signs of repeat arbitrator appointments - but no common chairs as yet
  Nov 17, 2015
• INVESTIGATION: as Yukos enforcement grabs headlines, Russia has faced at least 10 new treaty arbitrations since 2012, with others threatened
  Jul 14, 2015
• Arbitrators in NAFTA fracking case confirm open hearings, and resolve dispute between parties as to whether proceedings shall be in French or English
  May 01, 2015
• On heels of bruising NAFTA loss in Bilcon case, Canada offers first sketch of its defence to "Lone Pine" fracking arbitration
  Mar 30, 2015
• Canada's NAFTA Chapter 11 claims: An update on eight cases, including Lone Pine (fracking), Eli Lilly and Windstream Energy
  Jan 30, 2015
• INVESTIGATION: latest developments in the six pending BIT arbitrations against India (and in other threatened disputes)
  Dec 11, 2014
• Venezuela's bid to disqualify arbitrators in ConocoPhillips ICSID case is rejected; meanwhile, ICC tribunal rules in separate claim by PDVSA
  May 06, 2014
• Once again, an appointing authority is needed to finalize tribunal to hear investor claims against India
  Apr 21, 2014
• In newly-obtained Energy Charter Treaty award (Ascom and Stati v. Kazakhstan) arbitrators offer narrow reading of denial of benefits clause
  Feb 18, 2014
• In now-available award, Boeckstiegel tribunal valued Kazakh assets at a half billion Dollars, but rejected key claim for lost profits and opportunities
  Feb 18, 2014
• Moldovans secure $500+ million arbitral award in claim against Kazakhstan under Energy Charter Treaty
  Jan 08, 2014
• Deutsche Telekom makes good on threat and sues India over satellite; Replacement arbitrator is named in CC/Devas case
  Oct 22, 2013
• Arbitrators selected and case proceeding at Stockholm Arbitration Institute in dispute arising out of alleged expropriation of oil fields in Kazakhstan
  May 26, 2011