Marcelo Kohen - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Marcelo Kohen

• ICSID tribunal grants claimants’ request for supplementary decision, clarifying dies a quo for interest owed
  Nov 16, 2023
• Analysis: UNCITRAL tribunal finds that narrow environmental emergency does not fall under “national security interests” exception; takeover of landfill operation is found to breach MST and expropriation provision
  Oct 16, 2023
• [Updated with copies of the Award and Dissenting Opinion] Tribunal majority awards damages to Jamaican investor in waste management dispute with the Dominican Republic
  Oct 07, 2023
• [Updated with Dissenting Opinion] Revealed: On jurisdiction, WCV v. Czech Republic tribunal split on meaning of “permanent seat”, admissibility of claims stemming from round-trip investments, and intra-EU objection
  Sep 04, 2023
• Czech Republic releases interim awards issued in gambling arbitration
  Aug 31, 2023
• Analysis: UNCITRAL tribunal in WCV v. Czech Republic finds that the state properly used its police powers to regulate the gambling sector
  Aug 16, 2023
• Analysis: ICSID tribunal majority in Rand v. Serbia admits claim of beneficial owner, sees no implicit legality requirement in the BIT, and awards 14.5 million EUR plus interest; dissenter would have dismissed the claims
  Aug 08, 2023
• Analysis: UNCITRAL tribunal in Santamarta v. Venezuela resorts to dominant and effective nationality principle to fill gap in BIT’s definition of investor, ultimately rejecting claim by dual national for lack of jurisdiction
  Aug 03, 2023
• UNCITRAL tribunal declines jurisdiction over dual national’s claim against Venezuela, finding that his dominant and effective nationality is Venezuelan
  Jul 31, 2023
• [Updated with a copy of the Award] Serbia is held liable in ICSID arbitration over agriculture venture
  Jun 30, 2023
• Three are in place to hear glassmakers’ second claim against Venezuela, under ICSID’s Additional Facility Rules
  May 17, 2023
• Analysis: ICSID AF tribunal hearing Mexican satellite dispute rejects jurisdictional objection based on argument that through a “mirror act”, investor sought a repetition of contested measures to gain access to treaty arbitration; claims are dismissed on the merits
  Dec 27, 2022
• PCA tribunal awards over 105 million USD in compensation for breach of Barbados-Venezuela BIT
  Nov 16, 2022
• Three are in place to hear parking meter dispute under Guyana’s investment law
  Sep 21, 2022
• Analysis: US non-disputing party submission under TPA with Colombia emphasizes need for judicial finality and valid waiver of domestic remedies; parties discuss requirements for subsequent agreements
  May 23, 2022
• Andrea Carlevaris is tapped to chair Eiser v. Spain resubmission tribunal
  May 17, 2022
• [Updated with new document] Cement investor asks UNCITRAL tribunal for an order directing Ecuador to ensure legal security with respect to its mandatory pension contributions
  Apr 14, 2022
• ICSID tribunal declines to grant emergency temporary relief
  Nov 18, 2021
• Spain files for annulment of still-confidential ECT award
  Oct 26, 2021
• Mexico claims victory in satellite arbitration
  Sep 17, 2021
• Greenwood-chaired tribunal weighs in with Energy Charter Treaty award, and awards 40+ mil Euros
  Jun 24, 2021
• Tribunal denies claimants’ request to suspend criminal investigation into activities of their witness
  Mar 16, 2021
• OIC Round-Up: New developments in two cases involving Libya, and an under-the-radar arbitration involving Lebanon
  Mar 09, 2021
• Claimants in Serbian agriculture case request suspension of criminal investigation into activities of their witness
  Feb 25, 2021
• Analysis: Tomka-chaired tribunal finds violation of non-impairment standard, but dismisses remaining claims arising out of Venezuelan oil and gas investment
  Feb 24, 2021
• Discriminatory distribution of dividends is found to breach non-impairment standard in long-running dispute over Venezuelan oil investment; remaining claims are dismissed
  Feb 19, 2021
• Cyprus reveals that it was granted a 5 million USD security for costs in bondholder mass arbitration
  Aug 05, 2020
• Analysis: Tribunal in Lee-Chin v. Dominican Republic splits on interpretation of CARICOM-DR consent clause
  Jul 22, 2020
• Breaking: Majority arbitrators in Lee-Chin v. Dominican Republic find that CARICOM-DR treaty offers consent to investor-state arbitration; Marcelo Kohen disagrees
  Jul 16, 2020
• An ICSID tribunal is in place to hear claims under Colombia-US TPA
  Jun 19, 2020
• Award which rejected claims over taxation measures withstands annulment bid at ICSID
  Apr 23, 2020
• For the first time, an arbitrator declines jurisdiction under an intra-EU BIT - but majority disagrees
  Feb 14, 2020
• ANALYSIS: Majority in Adamakopoulos v. Cyprus rejects intra-EU jurisdictional objection and upholds jurisdiction over mass arbitration brought by a group of bondholders and depositors in local banks
  Feb 14, 2020
• As hearings loom, the parties in Rand v. Serbia arbitration argue over claimants' asserted "beneficial ownership" of investment, as well as what constitutes a Cypriot corporate “seat"
  Feb 13, 2020
• Majority of Kaufmann-Kohler chaired tribunal opts to make arbitration documents public despite silence of Cyprus-Serbia BIT on transparency; dissenter warns of an excess of powers
  Feb 05, 2020
• Former chair of WTO Appellate Body tapped to chair new Energy Charter Treaty arbitration
  Aug 27, 2019
• Arroyo-chaired tribunal grants bifurcation request in first DR-CARICOM arbitration
  Mar 07, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• UNCITRAL Tribunal in place to hear Jamaican billionaire's investment treaty claim against the Dominican Republic
  Oct 27, 2018
• Gabrielle Kaufmann-Kohler tapped by appointing authority to chair Serbian BIT case
  Oct 05, 2018
• An update on investment treaty disputes involving the Government of India
  Aug 23, 2018
• Cyprus disputes round-up: an update on efforts by investors to sue Cyprus over 2013 restructuring of key banks
  Jul 24, 2018
• Alfredo Bullard tapped to chair Eutelsat v. Mexico investment treaty arbitration
  Jun 13, 2018
• Investors hope to undo arbitral victory for Jordan in fight over tax on proceeds of asset-sale
  May 02, 2018
• Alghanim v. Jordan Part One: At provisional measures phase, arbitrators disagree whether Jordan should be enjoined from enforcing tax debt – but later agree to dismiss all jurisdictional objections
  Dec 28, 2017
• Alghanim v. Jordan Part Two: At merits, tribunal gives deference to the findings of domestic courts, even if this means disregarding independent evidence of a breach; tax on goodwill part of a share sale is deemed valid under domestic law
  Dec 28, 2017
• Tribunals weigh in with rulings in Alghanim v. Jordan and Bridgestone v. Panama arbitrations, with one concluded and the other to continue
  Dec 15, 2017
• Dismissal of Greek bond arbitration will stand as ICSID annulment committee declines to overturn award; ICSID names chair for Cyprus bank dispute
  Sep 30, 2016
• Majority of Tomka and Fortier allow investor to use an MFN clause to pursue UNCITRAL arbitration against Venezuela
  Aug 14, 2016
• Investor secures disqualification of Argentine arbitrator Gabriel Bottini in UNCITRAL BIT arbitration
  Aug 14, 2016
• ICSID Tribunals constituted to hear CEAC v. Montenegro, Alghanim v. Jordan and Le Chèque Déjeuner v. Hungary
  Jul 15, 2014