Bernard Hanotiau - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Bernard Hanotiau

• ICSID arbitration related to Malaysian 1MDB scandal concludes with award
  Mar 17, 2025
• CJEU Advocate General opines that EU courts may ignore res judicata effect of CAS awards that involve issues of EU law
  Jan 17, 2025
• Gabrielle Kaufmann-Kohler is appointed as chair in UNCITRAL arbitration against Kazakhstan over alleged harassment campaign
  Jan 07, 2025
• Kyrgyz investor files high-stakes treaty arbitration against Kazakhstan over alleged harassment campaign
  Dec 10, 2024
• [Updated] Twin tribunals hearing treaty arbitrations against Romania stemming from decades-old cinematographic venture decline jurisdiction over one investor’s claim based on cultural industries exception, while allowing part of second claimant’s case to proceed to the next stage
  Dec 04, 2024
• Local indigenous communities are allowed to intervene in third Glencore v. Colombia arbitration
  Nov 13, 2024
• Morocco reportedly prevails in telecoms arbitration
  Oct 09, 2024
• Analysis: ICSID tribunal in Naftiran v. Bahrain decides to hear ratione temporis, ratione personae, and abuse of process objections in bifurcated proceedings; other objections are joined to the merits
  Sep 17, 2024
• Analysis: UNCITRAL tribunal in Clorox v. Venezuela upholds remanded claim, ordering state to pay over 100 million USD on account of creeping expropriation of claimant’s investment
  Jul 24, 2024
• Final Award in Clorox v. Venezuela comes to light
  Jul 18, 2024
• [Updated with Decision] ICSID dismisses request for disqualification of Ukraine’s appointee in banking dispute
  Jul 16, 2024
• Three are in place to hear railroad dispute with Mexico
  Jun 16, 2024
• Paris Court of Appeal sets aside telecommunications award based on reasonable doubts regarding independence of tribunal chair
  May 07, 2024
• ICSID tribunal lays out transparency regime in third arbitration between Glencore and Colombia
  May 02, 2024
• Treaty arbitrations against Colombia and Venezuela are discontinued
  May 01, 2024
• Revealed: ICC tribunal found that aircraft contract with Greece’s Ministry of Defence was in breach of EU law
  Apr 12, 2024
• Banking investor challenges Ukraine’s appointee in ICSID dispute
  Apr 11, 2024
• Bernard Hanotiau is tapped to chair billion-dollar banking claim against Ukraine, while EU court rules on sanctions imposed on claimant’s minority shareholders
  Apr 10, 2024
• Three are in place to hear financial services dispute with Bahrain
  Jan 31, 2024
• Analysis: In Worley Parsons v. Ecuador, arbitrators decline jurisdiction due to illegality and bad faith during making of investment; tribunal splits on whether illegality during investment’s operation pertains to admissibility or merits
  Jan 08, 2024
• Analysis: ICSID tribunal concludes that Tunisia breached FET standard under customary international law, but awards only nominal damages for lost shares in local bank
  Jan 01, 2024
• [Updated with Award] UNCITRAL tribunal dismisses claims in treaty arbitration over refinery and gas liquefaction ventures
  Dec 23, 2023
• After nearly two decades of arbitration proceedings, banking investor is awarded nominal damages in ABCI v. Tunisia case
  Dec 22, 2023
• Three are in place to hear dispute between Madrid’s water services company and Colombia
  Dec 11, 2023
• ICSID tribunal dismisses claims and counterclaims in oil contract dispute with Senegal
  Nov 20, 2023
• Bernard Hanotiau is tapped to chair ICSID committee tasked with reviewing Eurus v. Spain award
  Oct 21, 2023
• Uncovered: In Kornikom v. Serbia, Hanotiau-led tribunal finds that state agency validly terminated privatization agreement for underwater coal mine, seeing no expropriation
  Oct 18, 2023
• Treaty-based privatization dispute with Serbia concludes in favor of the state
  Sep 21, 2023
• Sabina Sacco is tapped to chair third ICSID arbitration between Glencore and Colombia
  Aug 29, 2023
• Imminent public hearings to be held in under-the-radar treaty arbitrations against Romania; deadline for registering is July 9
  Jul 05, 2023
• Tunisia Round-up: Italian sand miner threatens Tunisia with ICSID proceedings, a trio of oil-related commercial arbitrations surface, and an end in sight for ABCI case
  Jun 15, 2023
• Revealed: ICC tribunal in Blerim Devolli v. Kosovo declines jurisdiction under foreign investment law, seeing insufficient evidence of a foreign contribution of value and finding that the claimant does not qualify as a foreign national
  May 23, 2023
• Three are in place to hear Colombian refinery dispute at ICSID
  Apr 15, 2023
• FIL-based tribunal declines jurisdiction over telecoms dispute with Kosovo
  Apr 07, 2023
• Analysis: ICC tribunal hearing Yemeni oil field remediation dispute splits over interaction between UNIDROIT time-bar and continuing acts
  Feb 21, 2023
• ICC award stemming from Yemeni oil concession dispute surfaces, as state seeks to collect compensation from American consortium partner
  Feb 07, 2023
• Analysis: Arbitration stemming from Swiss franc denominated loans is dismissed on the merits, as tribunal finds that state adopted proportionate measures tailored to a public purpose
  Jan 30, 2023
• ICSID tribunal rules in favour of Ivory Coast in waste management dispute
  Dec 19, 2022
• Having declined jurisdiction due to invalid litigation waiver, UNCITRAL tribunal orders claimant to bear 1 million USD in costs
  Nov 14, 2022
• Analysis: ICSID tribunal in Alverley v. Romania denies jurisdiction based on abuse of process and failure to meet real seat requirement
  Oct 27, 2022
• Analysis: Tribunal hearing paper mill dispute with Canada decides that NAFTA’s procurement and subsidies carve-outs bar most claims, while remaining measures do not evidence nationality-based discrimination; dissenter would have found treaty breach
  Oct 17, 2022
• Canada prevails by 2-1 margin in new NAFTA investment arbitration award, as arbitrators split on NAFTA’s procurement exception and discrimination claim
  Oct 11, 2022
• Analysis: Majority dismisses treaty case due to defective litigation waiver; tribunal chair would have allowed the claimant to cure this deficiency
  Aug 25, 2022
• [Updated] ICSID tribunal dismisses illegality objection, declines jurisdiction over counterclaim, and finds that Algeria breached free transfer obligation
  Aug 15, 2022
• [Updated with a copy of the Award] Peru claims victory in arbitration under Trade Promotion Agreement with the USA
  Aug 11, 2022
• Investigation: As Yemen’s oil sector crumbles due to armed conflict, numerous arbitrations by Chinese, Indian and Western investors have quietly played out
  Aug 03, 2022
• ICSID case against Algeria concludes with an award and a dissent
  Jul 27, 2022
• Revealed: Clorox v. Venezuela tribunal majority dismisses abuse of process argument after finding that the dispute was not foreseeable when the investor restructured the investment; dissenter sees bad faith in the claimant’s narrative
  Jun 23, 2022
• Czech Republic is held liable in treaty dispute over enforcement of past arbitral decision
  May 31, 2022
• ICSID tribunal dismisses real estate claim against Romania
  Mar 17, 2022
• Counsel funding arbitration is ordered to provide written undertaking that it will pay hypothetical adverse costs award in treaty dispute; request for disclosure is rejected
  Feb 17, 2022
• Three are in place to hear telecoms claim against Morocco
  Feb 08, 2022
• ICSID tribunal rejects request for provisional measures triggered by Kuwait’s efforts to extradite investor
  Jan 04, 2022
• Analysis: German Supreme Court delves into the compatibility of intra-EU arbitration with EU law, as it concludes that appeal against anti-arbitration ruling is inadmissible
  Dec 17, 2021
• Corruption allegations prompt ICC to reopen decade-old award against Congo-Brazzaville
  Dec 15, 2021
• Revealed: A comprehensive account of the heretofore unpublished Bank Melli v. Bahrain award; some details have leaked, but review of award gives full picture of tribunal’s findings on Iranian sanctions questions, political expropriation, and potential set-offs
  Dec 14, 2021
• German Supreme Court upholds anti-arbitration ruling in Croatian intra-EU BIT case
  Dec 02, 2021
• ICSID tribunal dismisses claim arising out of regulation of Swiss franc-denominated loans and mortgages
  Nov 25, 2021
• Bahrain is held liable in banking dispute
  Nov 23, 2021
• Bulgaria energy pricing dispute concludes with an award
  Nov 19, 2021
• Looking Back: Exxon and Hunt Oil failed to persuade ICC tribunal that lucrative Yemeni oil concession was extended despite lack of parliamentary ratification
  Oct 20, 2021
• Following the appointment of a replacement chair, UNCITRAL tribunal announces that it will repeat (in abbreviated form) public hearing in Canadian paper mill dispute
  Oct 11, 2021
• Gold miner applies for partial annulment of award that found a treaty breach, but declined to award damages
  Oct 04, 2021
• Ecuador Round-Up: A decision on denial of benefits in an under-the-radar case, Ecuador’s first appointee to ICSID’s Panel of Arbitrators since the state’s re-accession to the ICSID Convention, plus a new case
  Oct 01, 2021
• Three are in place to hear waste management dispute with Armenia
  Sep 28, 2021
• Laos defeats bid by casino investors to set aside pair of awards; court emphasizes that arbitrators have a “public duty” to address issues of corruption
  Sep 10, 2021
• ICSID tribunal accepts amicus curiae submission on limited factual issues, including corruption allegations not raised by parties
  Sep 01, 2021
• The United States chimes in on mandatory bifurcation objection and local litigation waiver under US-Peru Trade Promotion Agreement
  Aug 27, 2021
• Revealed: the reasons why ICSID did not follow ICC in disqualifying arbitrator Klaus Sachs
  Aug 06, 2021
• Romania Round-Up: Two under-the-radar BIT tribunals, claimant in ICSID dispute decries UNESCO classification, and newly-uncovered ICC arbitrations
  Aug 04, 2021
• Kosovo Round-Up: One case is discontinued, details surface about several pending arbitrations, and further updates
  Jul 22, 2021
• Klaus Sachs survives challenge in ICSID proceedings, on the heels of his disqualification from parallel ICC case
  Jul 16, 2021
• Three are named to hear contract-based taxation dispute with Mauritania
  Jun 23, 2021
• Analysis: Tribunal chaired by Kaufmann-Kohler dives into corruption allegations, limitation period/scope of liability for judicial acts, and environmental protection provision; Brigitte Stern disagrees with timing of alleged breach and finding of autonomous FET standard
  Jun 10, 2021
• Tribunal hearing gold mining dispute with Costa Rica upholds some (but not all) claims for FET breaches, but declines to award damages; Brigitte Stern pens a separate opinion
  Jun 04, 2021
• Three are in place to hear ICSID claim related to the Malaysian 1MDB scandal
  May 13, 2021
• Analysis: Arbitrators hearing large-scale construction dispute decline to broaden their jurisdiction beyond expropriation claim, and dismiss the case on the merits
  May 12, 2021
• Turkmenistan scores a win in one case, while another arbitration is lodged
  May 06, 2021
• Kosovo Round-Up: A new case, new tribunals, and updates to ongoing arbitration disputes
  Apr 16, 2021
• Central America Round-Up: An update on arbitration-related developments in the region
  Apr 08, 2021
• Investor in deep-sea port project lodges arbitrator challenge
  Mar 09, 2021
• Now-public judgment reveals reasons why German courts upheld Croatia’s Achmea objection, and declared a treaty-based arbitration inadmissible
  Mar 01, 2021
• TECO v. Guatemala saga continues, as the state files for annulment of resubmission award and seeks to focus attention on links between arbitrator and expert
  Feb 24, 2021
• Bernard Hanotiau is tapped to chair Georgian port arbitration
  Feb 23, 2021
• Analysis: In recently-surfaced B3 v. Croatia award, arbitrators found that “bad faith” conduct by the state breached the FET standard, but saw no causal link with the alleged losses; Croatia was ordered to reimburse full costs
  Feb 22, 2021
• UNCITRAL award in Pey Casado v. Chile saga surfaces, revealing that arbitrators declined jurisdiction after finding that the claimant had no investment
  Feb 18, 2021
• In a nod to the Renco saga, an UNCITRAL tribunal in Amorrortu v. Peru decides to bifurcate the respondent’s local litigation waiver objection, raising concerns about the US-Peru TPA’s limitation period
  Feb 11, 2021
• West Africa Round-Up: Two awards, one new tribunal, four new cases
  Jan 29, 2021
• Long-running arbitration case against Yemen comes to an end
  Dec 30, 2020
• ICSID and UNCITRAL release comments from stakeholders on draft code of conduct for ISDS adjudicators; frequently-appointed arbitrators raise concerns about the project
  Dec 30, 2020
• Bosnia claims victory in treaty-based arbitration
  Dec 04, 2020
• Panama Canal consortium initiates set-aside proceedings against commercial award, alleging failure to disclose potential conflicts of interest
  Dec 01, 2020
• Analysis: Unpacking the Gran Colombia v. Colombia tribunal’s decision to dismiss the respondent’s denial of benefits objection
  Dec 01, 2020
• Tribunal dismisses denial of benefits objection in Colombian mining dispute
  Nov 24, 2020
• [Updated] Libya announces successful set-aside of 450 million EUR award, as French court finds underlying settlement tainted by corruption
  Nov 18, 2020
• UNCITRAL tribunal orders disclosure of third-party funder, but claimant is not required to reveal the terms of the funding agreement
  Nov 05, 2020
• Central and Southern Africa Round-up: an UNCITRAL claim against Mozambique, an ICC mining arbitration in the DRC, and trouble in Zambia
  Nov 02, 2020
• West Africa Round-Up: An update on arbitration disputes in the region
  Aug 27, 2020
• In an under-the-radar arbitration, US businessman claims corruption on the part of Peruvian officials who denied him opportunity to invest in oilfield
  Jul 08, 2020
• Revealed: Tribunal in JKX v. Ukraine awarded nearly 12 million USD for arbitrary measures and breach of free transfer clause; Ukraine’s necessity defence was rejected
  Jun 29, 2020
• Clorox v. Venezuela award is set aside by Swiss courts; abuse of rights argument is remanded to the arbitral tribunal
  May 29, 2020
• Balkans Round-Up: An update on disputes against Albania, Bosnia, Greece, North Macedonia and Romania
  May 15, 2020
• Breaking: Resubmission tribunal in TECO v. Guatemala case awards additional damages in long-running electricity distribution dispute
  May 14, 2020
• Three are in place to hear claims under the Algeria-Switzerland BIT
  May 13, 2020
• Analysis: In Ortiz v. Algeria, arbitrators offer in-depth analysis of the criteria for attributing acts of state-owned companies to the state; claims are dismissed on the merits
  May 08, 2020
• Tribunal in Colombia mining dispute bifurcates denial of benefits objection; remaining jurisdictional arguments are joined to the merits
  Feb 09, 2020
• UNCITRAL tribunal declined jurisdiction over Pey Casado's BIT case
  Jan 10, 2020
• Ecuador round-up: an update on arbitration proceedings against the State, including unreported cases and looming awards
  Dec 30, 2019
• Award looms in UNCITRAL investment arbitration against Yemen; in unpublished ruling, arbitrators decided who is rightful legal representative of state
  Dec 23, 2019
• Analysis: Dayyani v. Korea award is upheld by London High Court
  Dec 20, 2019
• Romania round-up: As state reportedly moves to pay controversial Micula award, we provide an update on developments in seven investment treaty-based arbitrations
  Dec 17, 2019
• Central America Round-Up: An update on investment disputes involving Guatemala, Honduras, Nicaragua and Costa Rica
  Dec 09, 2019
• Italian maritime services company threatens claim against Montenegro
  Dec 09, 2019
• Arbitrator updates: challenge to Gabriel Bottini is rejected; Hanotiau tapped to chair Serbia dispute; Rigo Sureda and Siqueiros step in as replacements
  Oct 30, 2019
• Hanotiau-chaired tribunal issues another order on provisional measures in long-running Tunisia case
  Oct 21, 2019
• Arbitrators rule on provisional measures, enjoining claimant from pursuing asset-freezing efforts before arbitration concludes
  Oct 17, 2019
• Philippines arbitration round-up: Chevron files BIT claim, as we review seven other arbitrations against the state and its instrumentalities
  Oct 04, 2019
• In new interim measures ruling, arbitrators decline to order state to drop pursuit of domestic extradition proceedings; tribunal presses claimants to reveal more about who lies behind them, but rejects security for costs request
  Sep 19, 2019
• Analysis: Belenergia v. Italy award reveals growing fault-lines between tribunals as to whether solar contract provisions were stabilization promises that give rise to legitimate expectations
  Aug 14, 2019
• Analysis: in Lao Holdings v. Laos and Sanum v. Laos awards, arbitrators see bad faith conduct that should deprive claimants of treaty protection - but claims would fall short anyway
  Aug 08, 2019
• Laos prevails in treaty-based arbitration, as Binnie-chaired tribunal finds bad faith on the part of investor; large payments to witness who failed to appear are looked upon suspiciously
  Aug 06, 2019
• Colombia round-up: Newly approved bilateral investment treaties, dispute settlement discussions, pleadings and decisions in ongoing arbitrations
  Jul 08, 2019
• Close reading of Clorox v. Venezuela award reveals why UNCITRAL tribunal found that company shares held by the claimant did not qualify as protected investment under the Spain-Venezuela BIT
  May 31, 2019
• ANALYSIS: Recent award highlights debate over whether investment treaties protect passive investments - but tribunal sidesteps discussing that jurisprudence in great detail
  May 31, 2019
• Breaking: In new UNCITRAL award, Derains-chaired tribunal declines jurisdiction, finding that investor did not make an investment eligible for protection of Spain-Venezuela BIT
  May 20, 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
• Croatia found in breach of BIT, but not liable for any damages in dispute over bankrupted express courier
  Apr 11, 2019
• Tribunal is constituted to hear new intra-EU BIT claim against Romania, with Christopher Greenwood in the chair
  Mar 26, 2019
• Poland reportedly prevails in Cypriot investment treaty claim chaired by Bernard Hanotiau at ICC
  Mar 05, 2019
• After challenge by Canadian investor, Loretta Malintoppi resigns as chair of arbitral tribunal
  Feb 06, 2019
• Laurent Levy tapped to chair arbitration arising out of African oil block dispute
  Jan 25, 2019
• Full details of Iranians' arbitral victory over Korea finally come into view, with arbitrators seeing BIT breach after investment deposit not returned, but disagreeing whether any compensation was warranted
  Jan 22, 2019
• Second ICC tribunal weighs in with award in a Libyan airport dispute, awarding contractors payment for works completed, but rejecting broader claims
  Jan 14, 2019
• Glick, Hanotiau and Douglas dismiss claims of contractor in Libya, finding that actions of state construction agency cannot be attributed to Libyan state for purposes of BIT
  Jan 08, 2019
• Way2B v. Libya tribunal finds that BIT's war-losses clause does not exclude operation of other BIT protections (including full protection & security), but foreign investor fails to meet evidentiary burdens
  Jan 08, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• Hanotiau, Tercier, and Fortier brought in to hear next phase of long-running BIT arbitration, following departure of original tribunal
  Dec 13, 2018
• Egypt Round-up: an update on new investment claims, settlements, and arbitrator appointments
  Nov 30, 2018
• Investor seeks disqualification of Loretta Malintoppi in Gran Colombia v. Colombia FTA arbitration
  Nov 27, 2018
• Marfin v. Cyprus award review (Part 1 of 2): Tribunal finds jurisdiction under intra-EU BIT, side-stepping Achmea debate
  Nov 21, 2018
• Marfin v. Cyprus award review (Part 2 of 2): On merits, arbitrators find no expropriation or FET breach, but only Cyprus’s legitimate exercise of its police powers
  Nov 21, 2018
• Tribunal finalized to hear FTA arbitration arising out of controversial mine investment, with Loretta Malintoppi chosen to chair proceedings
  Nov 02, 2018
• Tribunal orders bifurcation of Chile’s jurisdictional objections in Pey Casado UNCITRAL claim
  Oct 10, 2018
• Crowded out of spotlight due to myriad of high-profile claims against Indian state, a series of BIT claims by Indian investors advance with less fanfare
  Sep 24, 2018
• Bernard Hanotiau chosen by colleagues to chair ad hoc BIT arbitration by Swiss investor
  Aug 06, 2018
• Arbitrators weigh in with lengthy award in Marfin v. Cyprus bank crisis dispute
  Jul 27, 2018
• Cyprus disputes round-up: an update on efforts by investors to sue Cyprus over 2013 restructuring of key banks
  Jul 24, 2018
• In newly-surfaced award, ICC tribunal rejects government's attempt to use UN Convention on Corruption - and non-public tendering of contract - to argue for illegality of investment
  Jun 17, 2018
• Tribunals constituted for arbitration claims against Hungary and Ivory Coast - with Binnie and Fathallah in chairs
  Jun 07, 2018
• UNCITRAL tribunal orders Korea to pay $68 million to Iranian investor for BIT breach
  Jun 07, 2018
• Libya round-up: In new award, tribunal orders €18.2m for expropriation and other treaty violations; hefty consent award in earlier-reported BIT case is also finalized; State agency reveals success in a third arbitration
  May 31, 2018
• Bernard Hanotiau tapped to chair investor claim against Montenegro
  May 10, 2018
• As sanctions bite on Russian oligarch, ICSID Ad-hoc Committee dismisses effort to overturn award in Montenegro case
  May 02, 2018
• Three are picked to hear Kazakhstan's effort to overturn arbitral award in Aktau Petrol case
  Mar 26, 2018
• Arbitrator challenges: Bernard Hanotiau survives challenge in pending BIT arbitration; Saudi Arabia lodges challenge to Stanimir Alexandrov
  Mar 19, 2018
• Balkans round-up: catching up on various investment treaty claims in South-East Europe, including tribunal constitution, an arbitrator challenge, and other key developments
  Mar 04, 2018
• Kazakhstan moves to annul investment treaty award in favour of Turkish investors
  Mar 01, 2018
• Libya round-up: state reports success in ICC arbitration with scandal-plagued Brazilian contractor; French investor's BIT claim is roiled by Libya's insistence that a purported settlement was not made by proper authorities
  Feb 25, 2018
• Arbitrator comings & goings: Binnie, Bulnes, and Kim are tapped to chair a trio of new proceedings, as Pryles, Cheng and Ramirez-Hernandez resign from cases
  Feb 12, 2018
• An update on arbitrator challenges, resignations, and un-resignations
  Feb 06, 2018
• Tribunal is now in place for arbitration arising out of Uzbek textiles venture, with Vaughan Lowe in the chair
  Jan 30, 2018
• As Hydro v. Albania BIT case plays out at ICSID, Albania announces victory in related ICC contract case; claimant says it has filed a second ICC claim for expropriation
  Jan 26, 2018
• Latin America: an update on a pair of under-the-radar UNCITRAL investment treaty arbitrations, Clorox v. Venezuela and Rikita Mehta v. Uruguay
  Jan 08, 2018
• BIT arbitration is revived after arbitrators find material breaches by government of earlier settlement, including commitment to desist with ongoing criminal investigations
  Dec 17, 2017
• ANALYSIS: Infinito v. Costa Rica jurisdictional ruling offers detailed views on some provisions of Canadian BIT – and identifies the funder who is bankrolling the case
  Dec 07, 2017
• After initial ruling, gold miner Infinito's claim against Costa Rica will go forward, but many jurisdictional questions remain to be answered
  Dec 06, 2017
• Kazakhstan held liable for Turkish BIT breach in Aktau case, awarded approximately $20 million
  Nov 14, 2017
• Award in Crawford-chaired Energy Charter case (JKX v. Ukraine) is upheld in UK courts
  Oct 30, 2017
• Bernard Hanotiau tapped to chair latest iteration of Pey Casado v. Chile saga
  Sep 20, 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
• Tribunal is finalized for latest Algeria BIT arbitration, with Laurent Levy selected as chair
  Jun 23, 2017
• Asia round-up: China and Vietnam face new BIT claims - by Hela Schwarz GmbH and Trinh Vinh Binh respectively - as proceedings against Korea and Indonesia move forward
  Jun 22, 2017
• In final award in Murphy v Ecuador windfall levy case, tribunal finds no reason to add or subtract from previously-ordered compensation
  Feb 14, 2017
• On the wires: Philippines liable for BIT breach; investor that won emergency orders vs. Ukraine does not fare as well in final result; Iranians pursue Bahrain over bank closure
  Feb 12, 2017
• ANALYSIS: unpacking the recent annulment decision in SAUR v. Argentina
  Dec 21, 2016
• Ad-hoc committee rejects Argentina's attempt to annul award in favour of water concession investor
  Dec 19, 2016
• Local court affirms UNCITRAL tribunal's dismissal of Vietnamese BIT claim centered on unpaid invoices for cross-border sales by Recofi SA
  Oct 13, 2016
• Singapore appeals court restores arbitral finding that Chinese investment treaty extends to Macau
  Oct 02, 2016
• Previously unpublished Murphy v. Ecuador UNCITRAL award now available for download
  Aug 11, 2016
• ICSID tribunal rejects bid to use WTO agreement as gateway to investment treaty arbitration
  Aug 07, 2016
• ANALYSIS: in CEAC v. Montenegro, arbitrators differ over meaning of BIT provision requiring investor to have a "seat" in home-state
  Aug 02, 2016
• Montenegro defeats $600 million investor claim after claimant fails to prove it meets BIT's heightened criteria for protected investors
  Jul 27, 2016
• Local NGO opponent of claimant-investor is granted permission to intervene in Costa Rica gold mine arbitration, and given access to documents
  Jun 08, 2016
• INVESTIGATION: Vietnam prevails in UNCITRAL BIT arbitration with (another) French investor
  May 29, 2016
• Italy update: news on five Energy Charter Treaty claims by solar investors
  May 29, 2016
• In-Depth: unpacking the arbitrators' holdings in the Murphy v. Ecuador award, including the scope of legitimate expectations and the use of ex post data on damages
  May 23, 2016
• In latest arbitral ruling on Ecuador's decade-old windfall oil levy, arbitrators find that 99% claw-back - but not a 50% claw-back - breached investment treaty
  May 16, 2016
• Laotian casino investor goes back to ICSID tribunal with allegations of settlement breach, and files a second BIT arbitration
  May 05, 2016
• Balkans update: unpublicized treaty cases come to light - Medusa v. Montenegro and Civis v. Serbia - and an arbitrator challenge to Jernej Sekolec shakes up an ad-hoc tribunal
  Apr 19, 2016
• ICSID ad-hoc committee finds fault with CAFTA Tribunal's approach to quantum in Guatemala case, anulling several damages and costs holdings
  Apr 06, 2016
• Kazakhstan round-up: new disputes, new tribunals and procedural developments in ongoing cases
  Feb 24, 2016
• Costa Rica round-up: mining arbitration is back on track after Infinito finds a funder; award and tribunal DQ decision loom in other cases
  Jan 17, 2016
• Investor's unusual bid to use WTO agreement as gateway to arbitration, as well as Senegal's corruption allegations come to light in ICSID provisional measures phase
  Dec 14, 2015
• Arbitrator disqualifications: Updates on challenges to Yves Fortier, Bernard Hanotiau and Teresa Cheng - and an early challenge to Brigitte Stern
  Dec 01, 2015
• ANALYSIS: As CAFTA annulment hearings loom, Guatemala echoes Canada in arguing that arbitrators wrongly viewed local law failings as a breach of minimum standard
  Oct 12, 2015
• INVESTIGATION: new details emerge about use of emergency arbitrators in investment treaty cases, including in Griffin v. Poland dispute
  Oct 08, 2015
• Senegal arbitration kicks off, as arbitrators are finalized
  Sep 23, 2015
• Summer Recap: Catching up on recent developments in the investment treaty arbitration sphere
  Sep 10, 2015
• Tribunals constituted in ICSID cases against Uzbekistan, Croatia, Lebanon and East Timor, while replacement is named for Venezuela case following arbitrator resignation
  Aug 10, 2015
• Claimant files challenge to entire tribunal in ICSID case against Costa Rica, as state requests discontinuance of separate case amid investor’s bankruptcy
  Jul 31, 2015
• Kazakhstan makes a move to unseat Bernard Hanotiau in pending ICSID arbitration
  Jul 22, 2015
• Tribunal is named to hear Turkish investors' attempt to put Kazakh judiciary in the dock
  Jul 03, 2015
• In an apparent first, ICSID tribunal orders claimants to disclose any third-party litigation funders backing their arbitration
  Jun 16, 2015
• Arbitrators reject ICSID claimant's contention that Government of Laos breached earlier settlement of BIT claims
  Jun 16, 2015
• As jurisdictional decision surfaces in Mongolia case, light is shed on reading of local investment statute and Energy Charter umbrella clause
  May 15, 2015
• Fortier, Hanotiau and Williams reject Mongolia's attempt to deny ECT benefits to a Canadian-controlled Dutch shell company
  May 15, 2015
• A look inside the liability and damages holdings in the Khan Resources v. Mongolia uranium arbitration
  May 12, 2015
• Ecuador round-up: Key rulings loom in half-dozen cases, including windfall levy disputes, Occidental annulment, and several lesser-noticed arbitrations
  Apr 10, 2015
• ICSID Arbitrators decline certain provisional measures requests made by investor in Laotian casino dispute
  Mar 19, 2015
• In new award, Mongolia ordered to pay $80 million plus interest and costs to Canadian uranium miner
  Mar 02, 2015
• New twist in Turkey-Turkmenistan disputes, as arbitrators part ways with earlier tribunal and find that contested treaty affords jurisdiction over claims
  Feb 20, 2015
• Singapore Court rejects arbitrators' extension of Chinese investment treaty to Macao
  Jan 20, 2015
• On eve of annulment ruling in Chinese BIT case, Singapore High Court offers criticism of an ICSID ruling that had served as inspiration in UNCITRAL case
  Jan 20, 2015
• Laos casino dispute lurches back to life, as arbitrators find that they have jurisdiction to determine if settlement was breached
  Jan 05, 2015
• Arbitral tribunal is constituted to hear Costa Rica gold mine dispute, and local NGO opponent of claimant-investor seeks intervener status
  Oct 15, 2014
• China offers support to Laos, in latter's bid to set aside arbitrators' expansive reading of China-Laos BIT
  Jul 21, 2014
• UNCITRAL arbitral tribunal, in unpublicized ruling, finds that Chinese BIT extends to Macao under "moving treaty frontiers" rule
  Jul 21, 2014
• Arbitrators say China BIT allows them to determine if expropriation occurred, but MFN can't be used to broaden jurisdiction further
  Jul 21, 2014
• Funder-backed claim falls short again: one arbitrator saw abuse, another saw no "contribution", and annulment committee declines to overturn
  Jul 15, 2014
• In new annulment ruling, ultimate vote is what matters in collegial adjudicative contexts - not how each arbitrator reasoned their way there
  Jul 15, 2014
• ICSID Tribunals constituted to hear CEAC v. Montenegro, Alghanim v. Jordan and Le Chèque Déjeuner v. Hungary
  Jul 15, 2014
• ICSID picks three who will review CAFTA award from Teco v. Guatemala arbitration
  May 29, 2014
• ANALYSIS: In SAUR case, Arbitrators value damages for various treaty breaches together, and use costs order to incentivize realistic claims valuations
  May 27, 2014
• Argentina ordered to pay $40 million, plus substantial interest, to investor in thwarted water project
  May 23, 2014
• UNCITRAL Arbitrations Update (Vietnam and Canada): Appointing authorities pick chairs in a pair of investment treaty claims
  Apr 09, 2014
• Arbitrators named for claim by Greek shareholders in Cypriot bank and for claim by French investor against Hungary
  Mar 19, 2014
• Jurisdiction upheld in Peru bank failure case even though claimant made no investments, and acquired her shares (for free) years after bank closure
  Mar 05, 2014
• In split decision, majority finds no fault with Peru's treatment of struggling bank; comparisons of claimant to larger rivals are not appropriate
  Mar 05, 2014
• Majority in Peru banking crisis case says that savvy investor should have known of the strengths and weaknesses of Peruvian institutions
  Mar 05, 2014
• Laos can't prove that tax dispute arose before investor became eligible for BIT protection; failure to raise "abuse of process" objection is missed opportunity
  Feb 23, 2014
• UNCITRAL tribunal rejects jurisdictional objection relating to earlier ICSID claim in Ecuador windfall levy dispute
  Jan 02, 2014
• Arbitrators selected to hear claims that Kyrgyzstan expropriated stake in Jerooy gold project; obscure multilateral treaty is one of several invoked by investor
  Nov 06, 2013
• Mongolia round-up: hearings loom in one investment arbitration, as another remains stalled due to arbitrator resignation
  Nov 01, 2013
• Poland releases a new - less redacted - version of award from dispute with French pharma companies; MFN can’t broaden investment treaty’s arbitration clause
  Oct 24, 2013
• Poland discriminated by not renewing foreigners’ pharma marketing authorizations; BIT tribunal asserts power to impose ‘punitive’ damages beyond market value
  Oct 24, 2013
• Polish courts continue to call for release of 2012 arbitral award from pharma dispute, but only highly-redacted version emerges thus far
  Aug 09, 2013
• Albania fends off one claim - by Sky Petroleum - but now faces an investment treaty arbitration by Czech company CEZ
  May 17, 2013
• Arbitrators find Moldova breached one treaty protection, but give government time to try restitution in order to lower $2.8 million damages bill
  Apr 11, 2013
• In Moldova case, arbitrators reject denial of justice and expropriation claims, but see no exhaustion of remedies requirement for latter
  Apr 11, 2013
• French investor, Franck Charles Arif, wins on fair and equitable treatment aspect of ICSID arbitration against Moldova, but loses moral damages claim
  Apr 11, 2013
• Tribunals selected to hear two parallel investment treaty claims brought by casino investors against Laos
  Apr 03, 2013
• ICSID annulment notes: Sri Lanka seeks to overturn award in favour of Deutsche Bank; panelists named to hear Daimler’s challenge to Argentine verdict
  Mar 12, 2013
• Sri Lanka breached BIT due to Central Bank and Supreme Court actions; dissenter says highest court did not act in bad faith in financial derivatives dispute
  Feb 21, 2013
• On jurisdiction, arbitrators disagree whether a hedging agreement is an investment covered by bilateral investment treaty and ICSID Convention
  Feb 21, 2013
• On merits, tribunal splits on deference to be shown to Sri Lanka Supreme Court – and whether a debt is expropriated if contractual dispute forum is available
  Feb 21, 2013
• Tribunal selected for another Turkmenistan construction dispute, as government draws a line under messy MTS telecoms dispute
  Nov 14, 2012
• ICSID tribunal offers split verdict in $60 million Deutsche Bank v. Sri Lanka oil hedging controversy
  Nov 05, 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
• AES fails in bid to annul arbitral award, but Hungary faces two more pending claims arising out of power-purchase fracas
  Jul 03, 2012
• Will eight arbitrators be enough to draw a line under U.S. oil company’s windfall levy dispute with Ecuador?
  Jun 19, 2012
• Newly-released SAUR v. Argentina decision touches on illegality, test for expropriation, and financial "strangulation" of a concessionaire
  Jun 14, 2012
• Argentina liable for breach of investment treaty in ICSID dispute with French water company SAUR
  Jun 11, 2012
• Settlement round-Up: Republic of Georgia resolves dispute, Algeria settles windfall levy claims on eve of arbitral award, and Venezuela pays for a nationalization
  Apr 19, 2012
• In new ruling, Poland held liable for breach of intra-EU BIT
  Mar 26, 2012
• Mining company surprises analysts by deriving $1.25 Billion US out of written-off assets (and arbitrations) in Democratic Republic of Congo
  Jan 13, 2012
• Panels selected in ICSID matters involving Moldova, Egypt, and the Central African Republic
  Jan 13, 2012
• 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
• ICSID Round-up: Arbitrators named in cases against Poland, Kazakhstan and Egypt; annulment committee picked in Ukraine case
  Oct 26, 2011
• France’s second largest pharmaceutical company quietly pursues arbitration against Republic of Poland
  Aug 19, 2011
• Adjudicators diverge in concurrent claims over Sri Lankan oil hedge contract, as a third related claim at ICSID heads into hearings
  Aug 19, 2011
• ICSID panels convened in disputes over Uruguay’s tobacco policies, Venezuelan airport concession, Polish health-care venture, and Hungarian energy investment
  Mar 30, 2011
• Panels finalized in ICSID claims against Peru and Romania, and in Jordan annulment proceeding
  Feb 01, 2011
• Governments nominate more individuals to ICSID arbitrators roster; some familiar names make the list
  Nov 25, 2010
• Georgia amends foreign investment law so as to remove international arbitration and legal stabilization; one claim is pending under the law
  Jul 02, 2010
• UNCITRAL treaty claims against Turkey for Five Billion Dollars are dismissed
  Jul 02, 2010
• Profiling the arbitrators selected in Maersk v. Algeria, Urbaser v. Argentina, and Gold Reserve v. Venezuela
  Mar 18, 2010
• Lawyer can’t wear two hats in arbitrations with Argentina; challenge to arbitrator upheld in UNCITRAL BIT claim
  Dec 21, 2009
• One arbitrator disqualified, while challenge to another is rejected in UNCITRAL BIT arbitration against Venezuela
  Nov 30, 2009
• Arbitrators selected in two claims (ICSID and UNCITRAL) against Yemen
  Oct 14, 2009
• Treaty claim is latest salvo by Danish firm Maersk in Algerian windfall tax dispute
  Aug 06, 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
• IN-DEPTH: Tanzania’s handling of City Water deemed an expropriation; tribunal finds project was worthless by time of expropriation
  Jul 28, 2008
• Poland discriminated against US firm, Cargill, in sweetener quota allotment; Arbitrators reject several other claims
  Jul 16, 2008