Michael Hwang - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Michael Hwang

• Russia’s effort to remove entire tribunal in Crimea-related arbitration is rejected
  Jul 27, 2022
• Ethiopia is facing previously undisclosed treaty arbitration, with a tribunal already in place
  Jun 20, 2022
• Farmers file to enforce ICSID award against Zimbabwe, while the state struggles to pay compensation for land expropriations
  Jul 26, 2021
• Looking Back: In controversial award, sole arbitrator in MHS v. Malaysia declined jurisdiction for lack of contribution to the host state’s economy
  Dec 11, 2020
• Vale v. BSGR LCIA award survives set aside bid in London
  Dec 02, 2019
• Vale v. BSGR award offers fuller window into previously-reported arbitrator challenges, including a detour into UK Court
  May 02, 2019
• ANALYSIS: unpacking the reasoning of the Vale v. BSGR tribunal with respect to corruption and misrepresentation
  May 02, 2019
• Looking Back: In Libananco v. Turkey annulment, investor failed to overturn unfavorable award declining jurisdiction over $11 billion claim
  Apr 25, 2019
• After ouster of chair, but failed effort by BSG to remove remaining arbitrators, LCIA tribunal weighs in with $1.25+ billion award in favour of Vale mining firm
  Apr 10, 2019
• Analysis: Churchill & Planet Mining v. Indonesia annulment committee finds that parties’ discovery obligations can be limited by domestic law on confidentiality, and that procedural orders are outside a committee’s mandate
  Mar 24, 2019
• Churchill and Planet Mining fail to overturn adverse ICSID award, and are left to bear costs in fight with Indonesia
  Mar 19, 2019
• Analysis: in its review of von Pezold and Border Timber v. Zimbabwe awards, ad hoc committee rejects Zimbabwe's illegality and arbitrator impartiality complaints
  Nov 23, 2018
• Annulment committee weighs in with verdict on Zimbabwe awards
  Nov 22, 2018
• In now-public decisions, Swiss Federal Tribunal clarifies reasons for dismissing challenges to two Crimea-related investment treaty awards against Russia
  Nov 16, 2018
• Charles Brower disqualified from arbitral tribunal over public comments
  Nov 05, 2018
• Challenge against three high-profile arbitrators is spurred by misdirected email to arbitral secretary; Gary Born submits expert report in defence of arbitrators
  Nov 05, 2018
• BSGR v. Republic of Guinea: as case enters its final stage, a primer on the parties’ debate about the proof and consequences of corruption
  Nov 05, 2018
• Chinese investor fails to persuade ICC tribunal that telecoms contract was improperly terminated - or that Chinese investment treaty should color interpretation of contract
  Sep 04, 2018
• Ad hoc committee in Indonesia case agrees to shield investor from an enforcement that might push it into bankruptcy – and declines to pierce veil to pursue shareholders – but stay requires some security
  Jun 24, 2018
• INVESTIGATION: Further Russia investment treaty decisions uncovered, offering broader window into arbitrators' approaches to Crimea controversy
  Nov 17, 2017
• INVESTIGATION: full jurisdictional reasoning comes to light in Crimea-related BIT arbitration vs. Russia
  Nov 09, 2017
• In newly-surfaced UNCITRAL award, investor is awarded $87 million, as Hwang, Schwebel and Born conclude that contract is still binding despite non-compliance with constitutional requirement of parliamentary approval
  Sep 18, 2017
• Analysis: arbitrators see two ways in which international principle of estoppel can be imported into a contract governed solely by domestic law
  Sep 18, 2017
• At damages phase of Bankswitch v. Ghana, lost-profits are treated as sure thing despite no profitability track-record or expert damages report; after hefty discount, investor is awarded $87 million on a “fairly limited” investment of $6 million
  Sep 18, 2017
• Former Canadian Supreme Court Justice Ian Binnie is tapped to chair latest Russia BIT arbitration
  Jul 20, 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
• As India's key jurisdictional objections come into view in tax cases, tribunals diverge as to whether they should be addressed on a preliminary basis
  May 01, 2017
• "Quasi-consolidation" of billion dollar retroactive tax cases is nixed; arbitrators also rule that Cairn v. India case should not be stayed in deference to Vedanta proceeding
  Apr 28, 2017
• ANALYSIS: unreasonable ‘willfull blindness’ as to business partner’s fraudulent misconduct stymies mining claims against Indonesia
  Dec 09, 2016
• In new award, tribunal finds that fraud during "performance" phase of investment renders BIT claims against Indonesia inadmissible
  Dec 07, 2016
• Tribunal is finalized to hear $3 billion BIT claim against India under UNCITRAL rules
  Aug 14, 2016
• In the first of a possible wave of BIT claims by Ukraine state-owned entities against Russia, an UNCITRAL tribunal is finalized
  Aug 14, 2016
• Part 1 of 5: In now-public 300+ page Zimbabwe ruling, ICSID tribunal ordered restitution of expropriated farms, as well as tens of millions in further damages
  Feb 10, 2016
• Part 2 of 5: In von Pezold v. Zimbabwe ruling, arbitrators decided whether to attribute settler land invasion conduct to government, and considered role of human rights law
  Feb 10, 2016
• Part 3 of 5: Arbitrators find mere non-payment of compensation renders takings unlawful, and fair treatment is denied due to breach of expectation of non-expropriation
  Feb 10, 2016
• Part 4 of 5: In unsuccessful defence of its expropriation of Swiss/German investors, Zimbabwe pleaded customary defence of necessity, but tribunal just sees a regime pursuing political survival
  Feb 10, 2016
• Part 5 of 5: Tribunal's damages holdings in Zimbabwe case includes a discounted cash flow award, as well as orders of restitution and moral damages due to physical mistreatment
  Feb 10, 2016
• Russia claims round-up: Swiss company is latest to invoke investment treaty rights against Russian Federation, as treaty claims mount
  Nov 03, 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
• Southern Africa: updates on Lesotho, Swaziland, Mozambique and Zimbabwe investment disputes
  Feb 04, 2015
• ICSID tribunal declines to reverse an earlier reconsideration in Indonesia mining dispute; preliminary hearing of fraud charges will go forward
  Jan 15, 2015
• Arbitrators again decline to order Indonesia to desist with criminal investigation into alleged forgery of mining license in Churchill & Planet Mining case
  Dec 30, 2014
• In Al Warraq v. Indonesia award, arbitrators devote bulk of their analysis to assessing investor's treatment in light of UN human rights treaty norms
  Dec 19, 2014
• Indonesia's prosecution of bank investor breaches international law, but arbitral claim fails due to investor misdeeds; counterclaim also fails
  Dec 17, 2014
• Tribunal accedes to Indonesia’s request for reconsideration of earlier order in mining dispute, prompting investor to request reconsideration of reconsideration
  Nov 25, 2014
• After final hearings in first arbitration under Organization for Islamic Conference investment pact, the text of 2012 jurisdictional ruling comes to light
  May 02, 2014
• As Indonesia reconsiders its investment treaties, arbitrators don't want to slow down mining case by separating liability and damages phases
  Apr 28, 2014
• Recourse to negotiating papers leads arbitrators to conclude that Indonesia intended to offer advance consent to arbitrate in its BIT with the UK
  Feb 27, 2014
• Tribunal rules that Australia BIT does not express advance consent to arbitration; a dozen other Australian treaties are worded similarly
  Feb 27, 2014
• Arbitrators reject jurisdictional objections raised by Indonesia in mining dispute at ICSID
  Feb 25, 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
• Arbitrators deny Indonesia’s requests for restraints to be placed on investor’s public comments and “lobbying” efforts
  Mar 12, 2013
• ICSID Tribunal declines request by local government to be added as a party to Churchill Mining v. Indonesia arbitration
  Feb 07, 2013
• Australian investor in troubled Indonesia mining project files its own claim at ICSID; parties to parallel claim agree to some transparency
  Jan 02, 2013
• Former Iraqi Minister initiates treaty claims against Pakistan, but government is slow to respond; at least three other arbitrations afoot
  Dec 21, 2012
• UPDATED: ICSID tribunals constituted in gas, mining and electricity cases against Indonesia, Slovakia, Egypt and Peru
  Oct 22, 2012
• Saudi investor dusts off long-ignored Islamic treaty and uses it to arbitrate with Indonesia over banking dispute
  Sep 19, 2012
• ANALYSIS: Indonesia says 1981 inter-Islamic pact does not offer consent to investor-state arbitration, but tribunal uses “contemporary” interpretation and finds consent
  Sep 19, 2012
• Turkey defeats $11 Billion arbitration claim at ICSID; putative off-shore shareholder fails to prove it owned shares prior to alleged expropriation of electricity concessions
  Sep 05, 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
• New Books, Articles and Materials on Investment Treaty Law and Arbitration: December 2010 to April 2011
  Apr 11, 2011
• ICSID claim by Indonesia state government is declined on jurisdictional grounds
  Jan 16, 2010
• ANALYSIS: Rejection of annulment requests in M.C.I. and Azurix cases point to a high bar when it comes to overturning ICSID awards
  Nov 13, 2009
• Turkey prevails in one of three claims arising out of termination of Uzan family-owned electricity concession
  Aug 17, 2009
• Analysis: Tribunal grapples with definition of investment under ICSID Convention in RSM v. Grenada case
  Apr 02, 2009
• In-Depth: Turkey resists effort by two claimants to withdraw ICSID cases in electricity company disputes
  Feb 10, 2009