Neil Kaplan - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Neil Kaplan

• Treaty-based construction arbitration against Saudi Arabia is discontinued
  Dec 15, 2022
• ICSID dismisses challenge to Neil Kaplan in Shell v. Nigeria oil spill dispute
  Mar 10, 2022
• Croatia announces that it will ask for review of 2016 UNCITRAL award in light of recent court decision
  Dec 30, 2021
• [Updated] Shortly after the tribunal is constituted, Nigeria challenges Shell’s nominee in ICSID case – while underlying fifty-year-old oil spill dispute is reportedly settled
  Aug 17, 2021
• Analysis: Ad hoc committee finds that parties cannot waive the tribunal’s duty to render a reasoned award, but ultimately upholds bulk of Perenco v. Ecuador award; two discrete damages calculations are annulled for failure to state reasons
  Jun 02, 2021
• Ukraine is found liable for indirect expropriation of gambling business
  May 18, 2021
• Arbitrators comings and goings: two resignations and one newly-reconstituted tribunal
  Jun 05, 2020
• Divided UNCITRAL BIT tribunal, with Brigitte Stern dissenting, finds that it has jurisdiction over Russia to hear previously unpublicized claim for expropriation of bank
  Apr 17, 2020
• Award in IMFA v. Indonesia surfaces, revealing tribunal’s criticism of investor’s due diligence failings
  Mar 27, 2020
• An UNCITRAL tribunal is in place in first known arbitration under the EFTA-Korea FTA
  Mar 24, 2020
• UPDATED: ICSID ad hoc committee offers to extend stay of enforcement of $400+ million arbitral award, if respondent-state commits to pay award if annulment application is unsuccessful
  Feb 24, 2020
• Long-confidential Turkcell v. Iran award reveals reasons for tribunal divergence - and Brower dissent - as well as tribunal's views of corruption investigation led by Lord Hoffman
  Nov 15, 2019
• Arbitrators in Turkcell v. Iran differed as to whether silent investment treaty applies to pre-existing investments, but agreed that an MFN clause could not be used to bring such investments under rubric of treaty
  Nov 15, 2019
• Ecuador seeks annulment of Perenco award
  Oct 06, 2019
• ANALYSIS: in quantum ruling, Perenco v. Ecuador tribunal awards damages for each breach independently, and relies on findings of independent expert to value Ecuador’s counterclaim for environmental remediation
  Sep 30, 2019
• Ecuador ordered to pay Perenco $449 million (US) for decade-old energy windfall levy, but investor must pay $54 million (US) towards environmental cleanup
  Sep 27, 2019
• Three are in place to hear BIT claim by Estonian investor against Ukraine
  May 31, 2019
• Indonesia defeats BIT claim by Indian Metals & Ferro Alloys Ltd
  Mar 29, 2019
• Australian mining investor settles with political risk insurer, as both team up to pursue arbitration against Thailand over gold mine closure
  Mar 18, 2019
• An update on investment treaty claims filed against the Republic of Korea
  Jan 14, 2019
• Korea hit with another investment treaty arbitration - Swiss-based Schindler Group files under EFTA-Korea
  Oct 15, 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
• An update on investment treaty disputes involving the Government of India
  Aug 23, 2018
• Levy, Kaplan and Thomas selected to hear new UNCITRAL BIT arbitration over hobbled mining project
  Mar 28, 2018
• Looking Back: ADC v. Hungary established reference to customary international law on compensation for unlawful expropriation, outlined standards for due process, and set precedent for determining compensation at date of award
  Jan 11, 2018
• Kaplan-Paulsson-Barbic award surfaces, illuminating why tribunal rejected Croatia's allegation that favourable outcomes were procured through bribery of Prime Minister
  Nov 07, 2017
• Croatia, citing belated doubts over the impartiality of arbitrator it appointed, fails to set aside adverse UNCITRAL award against Hungarian state-owned investor
  Oct 30, 2017
• Oil consortium investor (Perenco) that pursued its own BIT arbitration fails in belated bid to be treated as alter ego of another claimant (Burlington) in order to escape environmental counterclaim process
  Aug 24, 2017
• Italy fails to secure summary dismissal of Eskosol solar case, despite protests that it defeated "identical" ECT claim by investor's majority shareholder
  May 22, 2017
• UNCITRAL tribunal rejects Croatia's contention that bribery underlay key contracts; parallel Energy Charter Treaty claim remains ongoing at ICSID
  Jan 02, 2017
• Indian investor's BIT claim against Indonesia moves forward, with tribunal now finalized
  Aug 02, 2016
• Tribunal favours Ecuador in environmental counterclaim over Amazonian oilfields - in new development in ICSID arbitration Perenco v. Ecuador
  Aug 13, 2015
• Arbitrators see no authority to reopen and reconsider prior liability ruling in Ecuador windfall dispute: Perenco v. Ecuador
  Apr 13, 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
• Croatia fails in bid to argue that umbrella clause carve-out should knock out claim; UNCITRAL tribunal finalized in separate case
  Dec 03, 2014
• Tribunal nixes BIT claim vs. Iran; Turkcell was sidelined after tender victory, but arbitrators don't see investment eligible for treaty protection
  Oct 16, 2014
• Indirect French control of Bahamanian claimant is enough -- even without formal legal title -- to ground jurisdiction under France-Ecuador BIT in Perenco v. Ecuador arbitration
  Sep 23, 2014
• In Perenco v. Ecuador arbitration, 50% windfall levy on oil revenue does not breach participation contracts, but 99% levy does
  Sep 23, 2014
• In Perenco v. Ecuador case, investment treaty is breached by windfall levy once it becomes so onerous as to force renegotiation of contracts
  Sep 23, 2014
• Tribunal addresses flouted provisional measures in Perenco case; damages still to be heard, but comparisons with Burlington case come into focus
  Sep 23, 2014
• Vietnam wins treaty arbitration with US investor; a second treaty claim heads to hearings this year
  Jan 21, 2014
• Objections aired by Vietnam in face of U.S. real estate investor’s treaty claim
  Jul 17, 2013
• Cambodia defeats claims over power plant, and wins $5.6 million in costs; arbitrators also ruled on witness immunity and designation of state-entities
  Apr 26, 2013
• Ecuador liable for expropriation after seizing oil-fields, but many other measures fall short of breaching treaty protections owed to Burlington
  Dec 21, 2012
• BIT arbitration against Iran moves to center-stage, against background of bribery lawsuit and now-concluded ICC claim
  Nov 04, 2012
• U.S. investor pursues UNCITRAL arbitration claim against Vietnam; tribunal empaneled to hear allegations of treaty breach
  Dec 01, 2011
• Tribunal has jurisdiction over Perenco's claims that Ecuador’s windfall oil levy breaches contract; jurisdiction under investment treaty to be debated further, as France is invited to table negotiating papers
  Jul 07, 2011
• Croatia wins another BIT arbitration; casino dispute outcome marks second consecutive victory for state
  Aug 05, 2010
• Arbitrators selected in ICSID proceedings against Cambodia, Ecuador, Jordan, Argentina, Venezuela and Chile
  Jan 16, 2010
• BIT claim against Iran by Turkcell unfolds under UNCITRAL rules; tribunal constituted, and challenge to Brower fails
  Feb 28, 2009