Kaj Hober - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Kaj Hober

• Uncovered: UNCITRAL tribunal rejects Finland’s jurisdictional objection, finding that fork-in-the-road provision does not cover denial of justice claim
  Mar 08, 2023
• 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
• Award against Libya surfaces as claimant seeks enforcement in the US
  Mar 31, 2022
• Juan Fernandez-Armesto is tapped to chair second Bayindir v. Pakistan arbitration
  Feb 10, 2022
• Revealed: SCC tribunal found that administrative delays in issuing gas mining licenses did not amount to ECT breach by Poland
  Feb 08, 2022
• Finland sets out response to its first-ever BIT claim; jurisdictional objection is bifurcated
  Dec 02, 2021
• Revealed: Finland is facing its first known treaty arbitration, with a tribunal already in place
  Nov 29, 2021
• Arbitrator is disqualified from Poland bilateral investment treaty arbitration
  Nov 08, 2021
• Poland claims victory in under-the-radar ECT arbitration
  Jul 12, 2021
• [Updated] UNCITRAL tribunal issues separate order on costs after Kyrgyzstan fails to pay required costs advance
  Jul 09, 2021
• Three are in place to hear treaty-based internet domain dispute
  Apr 22, 2021
• Looking Back: Latvia’s first known BIT case saw tribunal grappling with legality requirement half a decade before Inceysa and Fraport decisions; arbitrators ultimately ruled in favour of claimant in shipping dispute
  Mar 30, 2021
• Tribunal is in place to hear UNCITRAL arbitration against India
  Mar 30, 2021
• Analysis: Tribunal in FREIF v. Spain relies on the claimant’s own due diligence to determine that the investor could not legitimately expect a fixed return
  Mar 16, 2021
• Three are in place to hear intra-EU BIT claim against the Czech Republic
  Mar 14, 2021
• SCC tribunal unanimously dismisses renewables claim against Spain
  Mar 09, 2021
• Poland Round-Up: A new award, a newly-identified tribunal, and other procedural updates on Polish cases – including a previously unknown judgment from set-aside proceedings
  Feb 04, 2021
• Another ICSID case involving Spanish renewables is discontinued following the adoption of Spain’s new incentives regime
  Feb 01, 2021
• Investor makes good on earlier threat to lodge UNCITRAL treaty-based arbitration; Kaj Hober is tapped to chair the case
  Dec 30, 2020
• EU releases draft list of arbitrators to rule over Brexit disputes – featuring familiar names
  Dec 16, 2020
• Swiss court dismisses set-aside application of Libya award
  Dec 07, 2020
• India round-up: An update on seven investment treaty cases against the state
  Jun 11, 2020
• India reportedly settles treaty-based dispute with Nissan
  May 28, 2020
• Analysis: Unpacking the reasons why Spain failed to unseat Kaj Hober from the KS Invest tribunal
  May 22, 2020
• Breaking: ICSID rejects Spain’s bid to disqualify Kaj Hober from KS Invest tribunal
  May 18, 2020
• German CSP investors file for annulment of ICSID award which found that they could not legitimately expect legal stability
  Apr 07, 2020
• Analysis: In Staur v. Latvia award, arbitrators see limited state involvement in cancellation of airport expansion project, and dismiss all claims on the merits
  Mar 06, 2020
• Breaking: in a new BIT award, arbitrators dismiss claims over failed airport development project
  Mar 04, 2020
• Spain succeeds in disqualifying arbitrator Kaj Hober in Energy Charter Treaty arbitration
  Jan 14, 2020
• Baltic Round-Up: An update on arbitration claims against Latvia and Lithuania
  Dec 09, 2019
• Analysis: Majority in Stadtwerke Munchen v. Spain considers that investors in Spanish CSP plants could not legitimately expect legislative stability; Kaj Hober disagrees
  Dec 05, 2019
• Spain defeats Stadtwerke claim, with Hober dissenting, and secures dismissal of some claims in BayWa case, with Grigera-Naon dissenting; new renewable incentives scheme is adopted
  Dec 04, 2019
• E.U. moves to disqualify Nord Stream 2's nominated arbitrator in high-stakes Energy Charter Treaty arbitration over pipeline
  Nov 22, 2019
• Kaj Hober is latest arbitrator to be challenged by Spain
  Nov 13, 2019
• West Africa investor arbitration round-up: cases involving Ghana, Cameroon, Gabon, Sierra Leone and Cote d’Ivoire
  Oct 11, 2019
• Revealed: in new ICC BIT award, Libya’s lack of compliance with an earlier settlement agreement results in treaty breach; Turkish claimant Etrak is awarded $22 million
  Oct 04, 2019
• Nissan v. India: Previously-unseen jurisdictional decision reveals tribunal’s rejection of objections on tribunal constitution, fork-in-the-road, contractual forum selection clause, time-bar, and taxation exception
  Sep 13, 2019
• India round-up: BIT claims withdrawn on cusp of hearings; another dispute is formally notified; and Japanese investor reportedly clears jurisdictional hurdles
  May 29, 2019
• Dutch investor prevails over Vietnam, as tribunal awards $27 million in compensation, $10m in moral damages and sizable legal fees
  Apr 12, 2019
• After jurisdictional loss, government revises its local investment legislation so as to remove offer of international arbitration
  Feb 05, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• Poland investment treaty claims round-up: an update on new claims, progress of ongoing cases, and enforcement/set-aside actions
  Nov 16, 2018
• In a new ruling, a tribunal chaired by James Crawford weighs in on prescription, 18 month local remedies requirement, and doctrine of forum non conveniens
  Feb 27, 2018
• As another Spain award looms, four more previously-confidential renewables cases surface; potential liability for all pending claims now exceeds $9.5 billion
  Feb 07, 2018
• Indian state government seeks domestic court order to restrain Nissan's BIT arbitration, as claimant seeks interim measures to restrain India
  Dec 20, 2017
• Looking Back: In first treaty claim under SCC rules, arbitrators in the long-opaque Biedermann case held Kazakhstan liable for breaching US-Kazak BIT, and rejected counterclaim on merits
  Nov 01, 2017
• Newly-uncovered majority decision upholds jurisdiction against Cote d’Ivoire, after debating whether claimants validly consented to ICSID arbitration under domestic investment law
  Oct 12, 2017
• Looking back: In Petrobart v. Kyrgyz Republic dispute, a sales contract does not constitute an investment under the Kyrgyz foreign investment law, but it later finds protection under the Energy Charter Treaty
  Sep 25, 2017
• Tanzania faces arbitration over failed large-scale agricultural investment; project had engendered opposition from locals who were to be displaced, and also in relation to wildlife impacts
  Sep 12, 2017
• Alexis Mourre is chosen to chair new billion dollar UNCITRAL BIT claim against Poland
  Aug 29, 2017
• Looking Back: German investor, Franz Sedelmayer, was early-adopter of investment treaty arbitration, but had to engage in decade-long assets hunt against Russia
  Aug 29, 2017
• Poland round-up (part three): after dismissing all claims, arbitrators set out reasons as to why claimants should bear 90% of legal and arbitral costs
  Jul 25, 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
• Eric Schwartz tapped to chair Norway-Latvia BIT arbitration
  Apr 14, 2017
• As Libya begins to see wave of investment treaty arbitrations, at least seven Turkish BIT claims are pursued at ICC
  Mar 31, 2017
• In jurisdiction ruling, arbitrators rule that Russia is obliged under BIT to protect Ukrainian investors in Crimea following annexation
  Mar 09, 2017
• BIT award against Kyrgyzstan is annulled in Paris, with Court giving weight to money-laundering allegations that had earlier failed to persuade arbitrators
  Feb 23, 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
• In a new award, Hochtief gets $13.41 million for some Argentine losses, but bulk of damages case falls away under closer scrutiny by arbitrators
  Jan 13, 2017
• Tribunal notes: Philippe Sands chosen as replacement arbitrator in Uzbek case, and Zachary Douglas is tapped to chair a case under domestic investment statute
  Oct 31, 2016
• Previously unpublished Murphy v. Ecuador UNCITRAL award now available for download
  Aug 11, 2016
• Sekolec-chaired tribunal sees no investment treaty breach in relation to seizure of investor shares during criminal proceedings
  Aug 02, 2016
• Crawford to chair Argentine BIT arbitration
  Jul 12, 2016
• In fourth documented case, an SCC emergency arbitrator in a BIT case weighs in on investor request to suspend effects of Central Bank measures
  Jun 03, 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
• Revealed: The unpublished reasons for PCA Secretary-General's dismissal of two "issues conflicts" disqualification bids in BIT case (Belokon v. Kyrgyz Republic)
  Apr 14, 2016
• UPDATED: A complete overview of the reasons why award in favour of investors in Democratic Republic of Congo is upheld on annulment
  Apr 04, 2016
• More uncertainty looms as to scope of some Russian and Chinese BITs, as Swedish appeals court contradicts tribunal with respect to narrowly-worded arbitration clause
  Jan 25, 2016
• Tribunals constituted in three ICSID solar energy cases brought against Spain
  Dec 20, 2015
• In newly-unearthed award, gov't fails to prove money-laundering allegations; and arbitrators see BIT breach in protracted administration of bank
  Dec 07, 2015
• Arbitrators see no "rational connection" between policy ends and means, and also look at lack of "practicable means" of local judicial recourse
  Dec 07, 2015
• Damages news: price to book methodology used in Belokon v. Kyrgyzstan case to value seized bank; arbitrators demur in face of demands for more unorthodox forms of relief
  Dec 07, 2015
• Tribunals finalized in under-the-radar UNCITRAL and SCC intra-EU investment treaty arbitrations
  Sep 17, 2015
• Poland claims round-up: at least a dozen investment treaty arbitrations
  Jul 29, 2015
• First UNCITRAL arbitral tribunal is finalized to hear claim that Russia is liable for harm befalling investments in annexed Crimean peninsula
  Jul 14, 2015
• A second UNCITRAL arbitral tribunal is constituted to hear Crimea claims against Russia, as tribunal selection begins in three further cases
  Jul 14, 2015
• Unpacking the reasoning of the ad-hoc annulment committee in the Tza Yap Shum v Peru (narrow arbitration clause) case
  Apr 16, 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
• Emergency arbitrator use in investment treaty cases: first ruling now available, and more details confirmed about second instance
  Mar 19, 2015
• Czech Republic: Govt releases cache of BIT awards, strives to collect costs orders, and currently faces eleven pending treaty claims
  Feb 24, 2015
• ICSID committee weighs in on bid to annul China BIT award - just weeks after Singapore Court criticized jurisdictional reasoning in the case
  Feb 17, 2015
• INVESTIGATION: in at least two investment treaty cases, foreign investors use emergency arbitrators to block tax hikes and share divestment order
  Feb 17, 2015
• In-depth: Unpacking the reasoning of the first SCC Emergency Arbitrator ruling in a Russian investment treaty claim
  Feb 17, 2015
• Award compliance: updates on two awards against Democratic Republic of Congo, and a third against Turkmenistan
  Jan 22, 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
• Vietnam's Justice Ministry reveals that it prevailed in arbitration under French investment treaty
  Jan 05, 2015
• After challenges to Paulsson and Hober fail, tribunal issues $15 million BIT award in UNCITRAL bank expropriation case
  Oct 28, 2014
• Eastern Europe round-up: One Polish case ends at ICSID, while another proceeds at SCC; Slovakia denies benefits of U.S. BIT to would-be claimant
  Oct 28, 2014
• Award payment news: ICSID panel flags Democratic Republic of Congo's non-compliance with prior arbitral ruling
  Oct 08, 2014
• Round-up: NAFTA case vs. Mexico linked to unpaid ICC award; panels named in Masdar v. Spain & Lahoud v. DRC; UK investor, Krederi, sues Ukraine
  Jul 23, 2014
• As Vietnam explores collection of costs award against unsuccessful investor, another claimant sticks its head above the parapet
  Feb 14, 2014
• Analysis: Does Moscow Chamber of Commerce offer effective alternative for arbitrating investment claims against Central Asian states?
  Jan 21, 2014
• UNCITRAL tribunal rejects jurisdictional objection relating to earlier ICSID claim in Ecuador windfall levy dispute
  Jan 02, 2014
• ICSID arbitrators named for UAB Energia v. Latvia and Georg Gavrilovic v. Croatia cases; replacements picked for Zimbabwe and Peru tribunals
  Jul 07, 2013
• In newly-disclosed 2010 Energy Charter ruling, arbitrators rule that treaty’s denial of benefits clause operates only prospectively
  Jun 18, 2013
• Arbitrators hold that failings of Kazakh courts don't rise to level of international law breach in Liman Caspian Oil case; but umbrella clause can cover legislative "promises"
  Jun 18, 2013
• In lead-up to election, Republic of Georgia lost one investor arbitration, and settled another
  Nov 11, 2012
• Tribunals selected for UNCITRAL claims against Kyrgyzstan and Ecuador
  Aug 19, 2012
• Will eight arbitrators be enough to draw a line under U.S. oil company’s windfall levy dispute with Ecuador?
  Jun 19, 2012
• Kazakhstan wins another ICSID arbitration, this time fending off $1 Billion claim by oil investor Caratube International Oil Company
  Jun 07, 2012
• Shuttered health care clinic in Vietnam spawns UNCITRAL treaty arbitration as claims start to mount in South-East Asia
  Jan 31, 2012
• New International Investment Law Works: May 2011 to January 2012
  Jan 13, 2012
• U.S. investor pursues UNCITRAL arbitration claim against Vietnam; tribunal empaneled to hear allegations of treaty breach
  Dec 01, 2011
• Arbitrators uphold jurisdiction over cellular telecoms concession dispute between Senegal and Dutch investors
  Aug 28, 2010
• Croatia wins another BIT arbitration; casino dispute outcome marks second consecutive victory for state
  Aug 05, 2010
• Tribunals constituted in ICSID claims: PIP Sarl v. Gabon, Millicom International v. Senegal, and Karmer Marble v. Georgia
  Jun 29, 2009
• Tribunals appointed in Alapi v. Turkey, Mobil v. Canada, Caratube v. Kazakhstan, iZee v. Georgia, and Duke v. Peru (annulment)
  Mar 17, 2009
• New US investor files BIT arbitration against Georgia; meanwhile, tribunal in Itera v. Georgia is chosen
  Dec 17, 2008
• BIT claim quietly pursued by Swiss claimant against Uzbekistan in long-running dispute over payment for grain shipment
  Oct 22, 2008