Marcelo Kohen - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Marcelo Kohen

• 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