Judd L. Kessler - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Judd L. Kessler

• Looking Back: On jurisdiction, ICSID tribunal in Tza Yap Shum v. Peru held that limited China-Peru BIT arbitration clause allowed arbitrators to examine whether an expropriation had occurred, in addition to issues of quantum, but rejected claimant’s attempt to rely on MFN clause to further expand its jurisdiction
  Oct 27, 2023
• Looking Back: On the merits, tribunal in Tza Yap Shum v. Peru found that interim seizure of company’s assets by tax authorities constituted an indirect expropriation in violation of the China-Peru BIT; impact on investment and arbitrariness excluded application of police powers doctrine
  Oct 27, 2023
• RWE v. Spain tribunal awards 28 million EUR in compensation under the ECT; co-arbitrator writes separate opinion, distinguishing between two schools of thought in investor-state arbitration
  Mar 10, 2021
• In latest Spain ruling, arbitrators find no violation of RWE's legitimate expectations, but see a breach of the ECT’s proportionality requirement
  Jan 06, 2020
• Rolf Knieper once again tapped by ICSID to preside over an annulment committee
  Oct 21, 2017
• ICSID claimant goes to ICC arbitration in effort to prevent discontinuation of BIT case, but is ultimately unsuccessful
  Apr 02, 2017
• Rigo-Sureda, Bernardini and Fernandez Arroyo to hear Venezuela's effort to overturn arbitral award from Tenaris and Talta v. Venezuela (1) case
  Dec 28, 2016
• Venezuela hit with $160 million award (including pre-award interest) in second of two cases brought by Tenaris
  Dec 13, 2016
• DAMAGES: In Tenaris v. Venezuela award, arbitrators see initial purchase price of assets as best proxy for fair market value
  Feb 22, 2016
• Arbitrators scrutinize pre-arbitral "notice" duties under BIT, and requirements that claimant's corporate "seat" be in purported home-country
  Feb 15, 2016
• In Tenaris award, a purchasing contract is not deemed part of protected investment; arbitrators see discrimination, but can't see attribution
  Feb 15, 2016
• Investor in Venezuelan iron production facility nets $172+ million from ICSID tribunal
  Feb 11, 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
• Unpacking the reasoning of the ad-hoc annulment committee in the Tza Yap Shum v Peru (narrow arbitration clause) case
  Apr 16, 2015
• ANALYSIS: Tribunal in Costa Rica case rejects investors’ reading of non-discrimination obligation; affirms that adequate legal remedies are part of fair and equitable treatment
  Jul 09, 2012
• Costa Rica held liable for breach of investment treaty in beach property expropriation cases, but avoids liability for broader claims
  May 22, 2012
• Full reasons emerge for PCA’s dismissal of Argentine bid to disqualify two arbitrators in sovereign bond case
  Mar 28, 2012
• Threat of severe sanctions under Belize law exerting chill on debt-collection efforts of foreign investors in telecoms and airport projects
  Jan 04, 2012
• New Government in Peru confronts recent arbitration loss, and new claims by foreign investors in electricity transmission, construction, and port sectors
  Aug 04, 2011
• Tribunals picked in Bangladesh, Kazakhstan and Venezuela disputes
  Jan 13, 2011
• ICSID panel interprets narrow-looking jurisdictional clause so as to permit arbitration over alleged expropriation (in Peru)
  Jun 29, 2009
• UK electricity corp, National Grid, wins arbitration; Argentina's necessity defence rejected, but some consolation for Gov't
  Dec 17, 2008