Toby Landau - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Toby Landau

• ICSID ad hoc committee is in place to review second award in dispute between Glencore and Colombia
  Jan 03, 2025
• Panama set to settle two ICSID arbitration proceedings
  Nov 27, 2024
• Trove of procedural orders from NAFTA arbitration is released, revealing tribunal’s decisions on document production, standing to claim on behalf of deceased individual, and alleged breach of confidentiality order
  Nov 04, 2024
• Banking arbitration under China-Malta BIT proceeds to the next stage
  Sep 26, 2024
• In recently-released discontinuance order, RWE v. Netherlands tribunal finds respondent’s request for costs “inherently contradictory” with decision to seek German anti-arbitration injunction
  Feb 19, 2024
• Analysis: Jurisdictional decision in Cambodia Power v. KOC confirmed consolidation of claims stemming from multiple contracts, and declined jurisdiction over state-owned company for lack of designation under Article 25(1) ICSID Convention
  Feb 13, 2024
• Analysis: In recently surfaced Cambodia Power v. Cambodia award, ICSID tribunal dismissed all claims in contract-based arbitration over energy project
  Feb 13, 2024
• [Updated] RWE requests discontinuance of coal phase-out ECT claim against the Netherlands, in view of German Supreme Court’s ruling on anti-intra-EU-arbitration declarations
  Nov 02, 2023
• Analysis: Tribunal hearing Bulgarian ECT case finds that notice of intent contains consent for arbitration and constitutes critical final date for application of ICSID Rules - differentiating Benabderrahmane v. Qatar
  Sep 28, 2023
• ICSID ad hoc committee rejects Swiss investor’s bid for annulment of award that favored Romania
  Aug 16, 2023
• [Updated with a copy of the Decision] ECT tribunal dismisses objection under 2006 ICSID Rule 41(5), finding that claim by investor’s heirs does not manifestly lack legal merit
  Jul 26, 2023
• Three are in place to hear intra-EU ECT arbitration against Bulgaria
  May 05, 2023
• Opaque banking arbitration against Malta features prominently in domestic court proceedings
  Nov 18, 2022
• Having declined jurisdiction due to invalid litigation waiver, UNCITRAL tribunal orders claimant to bear 1 million USD in costs
  Nov 14, 2022
• ICSID tribunal is in place to hear contract-based power plant arbitration against Iraq
  Oct 12, 2022
• Analysis: ICSID tribunal in RWE v. Netherlands decides, albeit “with some hesitation”, to reject request for provisional measures aimed at halting parallel German court proceedings
  Sep 09, 2022
• Analysis: Majority dismisses treaty case due to defective litigation waiver; tribunal chair would have allowed the claimant to cure this deficiency
  Aug 25, 2022
• [Updated with a copy of the Award] Peru claims victory in arbitration under Trade Promotion Agreement with the USA
  Aug 11, 2022
• ICSID ad hoc committee dismisses Rule 41(5) objection to investor’s bid to partially annul mining award against Panama; request for stay of enforcement is granted
  Jul 21, 2022
• Kaufmann-Kohler chaired tribunal dismisses Rule 41(5) objection in dispute under China-Malta BIT
  May 24, 2022
• ICSID ad hoc committee is formed to hear Argentina’s bid to annul casino award
  May 18, 2022
• [Updated] German anti-arbitration proceedings prompt another provisional measures request at ICSID
  May 02, 2022
• Analysis: Arbitrators disqualify government counsel, seeing real risk that she received confidential information of case during prior work for litigation funder; challenge to second team member is nixed
  Mar 29, 2022
• Analysis: Tribunal hearing Dutch coal phase-out dispute declines to bifurcate intra-EU objection and ancillary claim that the Netherlands has breached ICSID exclusivity by lodging parallel German proceedings
  Mar 21, 2022
• [Updated] Analysis: Arbitration against Switzerland is discontinued after claimant fails to advance costs, and tribunal declines to order respondent to do so
  Mar 09, 2022
• Uncovered: Despite finding of liability, Turkish builder is awarded no damages in treaty arbitration against Libya; but investor is free to try its chance again
  Jan 24, 2022
• Analysis: Lithuania’s Supreme Court finds that intra-EU BIT’s arbitration clause has been invalid since the state’s accession to the European Union, and declines to refer preliminary question to the CJEU
  Jan 21, 2022
• ICSID arbitration against Switzerland is discontinued
  Jan 19, 2022
• Invoking the CJEU’s case-law on intra-EU arbitration, Lithuania’s Supreme Court finds that ICSID arbitration is not an obstacle to airing the dispute before local instances
  Jan 18, 2022
• Gabrielle Kaufmann-Kohler is tapped to chair first-ever ICSID case against Malta, which will need to address exhaustion of local remedies clause in the underlying BIT
  Jan 05, 2022
• Libya claims victory in treaty dispute with Turkish builder
  Dec 10, 2021
• [Updated with document] European Commission addresses compatibility of ICSID Convention with EU law for the purpose of intra-EU arbitrations
  Nov 22, 2021
• The United States chimes in on mandatory bifurcation objection and local litigation waiver under US-Peru Trade Promotion Agreement
  Aug 27, 2021
• Investor in Oman’s construction sector files for annulment of still-confidential award
  Jun 10, 2021
• Lucy Reed is tapped to chair controversial ECT arbitration against the Netherlands
  Jun 03, 2021
• Three are in place to hear claimant’s partial annulment bid in Panama mining case
  May 26, 2021
• In a nod to the Renco saga, an UNCITRAL tribunal in Amorrortu v. Peru decides to bifurcate the respondent’s local litigation waiver objection, raising concerns about the US-Peru TPA’s limitation period
  Feb 11, 2021
• Daniel Bethlehem is tapped to chair first ICSID arbitration against Switzerland
  Jan 22, 2021
• EU releases draft list of arbitrators to rule over Brexit disputes – featuring familiar names
  Dec 16, 2020
• Parties settle long-running arbitration against Uzbekistan
  Dec 14, 2020
• Canadian Court dismisses bid to disqualify Canada’s counsel in NAFTA arbitration
  Nov 12, 2020
• UNCITRAL tribunal orders disclosure of third-party funder, but claimant is not required to reveal the terms of the funding agreement
  Nov 05, 2020
• [Updated] Invoking the EU Termination Agreement, Lithuania files claims against Veolia before local courts
  Jul 24, 2020
• In an under-the-radar arbitration, US businessman claims corruption on the part of Peruvian officials who denied him opportunity to invest in oilfield
  Jul 08, 2020
• Second group of investors in health screening services withdraws its arbitration claims against Kuwait
  Jun 17, 2020
• Analysis: In Staur v. Latvia award, arbitrators see limited state involvement in cancellation of airport expansion project, and dismiss all claims on the merits
  Mar 06, 2020
• Analysis: Tribunal in Guris v. Libya award draws contrast with Cengiz award on FPS interpretation and sides with majority of prior Libya awards with respect to war losses clause
  Mar 05, 2020
• Breaking: in a new BIT award, arbitrators dismiss claims over failed airport development project
  Mar 04, 2020
• ICSID tribunal rejects request to revise award in light of the ECJ’s Achmea judgment
  Feb 26, 2020
• Libya wins one and loses one, as new bilateral investment treaty awards are rendered
  Feb 18, 2020
• Baltic Round-Up: An update on arbitration claims against Latvia and Lithuania
  Dec 09, 2019
• Alpiq v. Romania: Ad-hoc committee is formed to hear annulment application, with Toby Landau tapped to chair
  Sep 19, 2019
• Three are in place to hear dispute under the UK-United Arab Emirates BIT, with Fernandez-Armesto tapped to chair
  Sep 13, 2019
• Revealed: reasons why Van Houtte, Beechey, and Landau saw no legitimate expectation to stabilization of Czech solar feed-in-tariffs; newly-seen award also deemed intra-EU objection untimely
  Jun 23, 2019
• Czech Republic prevails in four solar claims, as tribunal of Van Houtte, Landau and Beechey issue final awards
  May 16, 2019
• Austrian investor prevails in BIT claim against Republic of Serbia
  Nov 21, 2018
• An update on eight investment arbitration claims against Canada
  Sep 20, 2018
• Libya claims round-up: new developments under OIC treaty; Greenwood to chair a newly-filed ICC BIT case; two hearings loom in longer-running arbitrations
  May 07, 2018
• Czech Republic prevails in latest treaty-based solar arbitration to reach a final ruling; we profile remaining cases where rulings are still expected
  May 03, 2018
• Hungary turns to annulment after Mayer-chaired tribunal held it liable for BIT breach
  Apr 02, 2018
• In new Israel-Egypt pipeline rulings, McRae-chaired tribunal finds BIT breaches, and Collins-chaired contract tribunal orders Egyptian state-owned companies to pay $1 billion to investor
  Feb 07, 2018
• Heiskanen, Born and Thomas see some investment treaty breach in Czech solar case, but debate over remedies is held over for separate phase 
  Jan 26, 2018
• Rolf Knieper once again tapped by ICSID to preside over an annulment committee
  Oct 21, 2017
• Arbitrators in ICC BIT case reject investor's request for interim measures to prevent government from calling on project guarantees
  Sep 27, 2017
• As series of Turkey-Libya BIT arbitrations proceed, tribunals are taking different approaches to Libya's contention that treaty's entry-into-force rules out civil war-related claims
  Sep 25, 2017
• US Court declines to set aside Mesa v. Canada award, and rejects investor’s argument that NAFTA tribunal breached due process by showing “deference” to government measures
  Jun 16, 2017
• Looking Back: In Impregilo v Pakistan case, arbitrators needed to grapple with distinction between treaty/contract claims and scope of umbrella clause
  May 22, 2017
• Overview: what's happening in Egypt-Israel gas pipeline arbitrations
  May 02, 2017
• Eric Schwartz tapped to chair Norway-Latvia BIT arbitration
  Apr 14, 2017
• As Libya begins to see wave of investment treaty arbitrations, at least seven Turkish BIT claims are pursued at ICC
  Mar 31, 2017
• Overview: Kazakh investors clear jurisdictional hurdles in dispute with Uzbekistan, although further illegality issue looms at merits phase
  Mar 13, 2017
• In new ruling, arbitrators split as to whether alleged fraud by claimants should deprive tribunal of jurisdiction
  Mar 13, 2017
• The President's Daughter: arbitrators acknowledge that investor's alleged “over-payment” was intended for Gulnara Karimova but don't see proof that she was an Uzbek government official at the relevant time
  Mar 13, 2017
• Arbitrators dismiss jurisdictional objections to BIT claim by Kazakh investors against Uzbekistan, including objection alleging corrupt payments
  Mar 10, 2017
• A tribunal is chosen to hear unusual investment treaty arbitration by Al Jazeera Media Network against Egypt
  Feb 23, 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
• Swedish Supreme Court leaves in place lower court's declaration that Yukos arbitrators lacked jurisdiction over Spanish BIT case; set-aside of award now looks inevitable
  Dec 16, 2016
• Venezuela hit with $160 million award (including pre-award interest) in second of two cases brought by Tenaris
  Dec 13, 2016
• In final award, arbitrators see reasons not to shift costs onto Renco in its dispute with Peru
  Nov 11, 2016
• Revisiting earlier award, tribunal in Montenegro case concedes that it had omitted to decide on some claims but finds no additional treaty breach
  Nov 09, 2016
• Croatia prevails in BIT claim brought by three Belgian nationals
  Nov 04, 2016
• TransCanada and USA name their arbitrators in high-stakes NAFTA dispute
  Sep 26, 2016
• John Beechey picked to chair Attila Dogan Construction & Installation vs. Oman arbitration
  Aug 03, 2016
• Austria-Serbia BIT tribunal is finalized, with selection of John Townsend as chair
  Jul 26, 2016
• ANALYSIS: an investor's defective waiver of other litigation can't be cured without state's consent, but belated nature of objection raises question marks
  Jul 20, 2016
• Peru obtains dismissal of Renco claim; waiver requirements in U.S. trade and investment treaties continue to loom large
  Jul 18, 2016
• Chair is chosen for Veolia's investment treaty arbitration against Lithuania
  Jul 18, 2016
• Recap: recent U.S. court rulings in relation to investment treaty awards
  Jun 20, 2016
• Mesa v. Canada tribunal construes NAFTA’s time-bar and procurement rules; does not follow WTO on attribution issue; and frowns on investor's use of U.S. judicial discovery
  Apr 28, 2016
• In Mesa award, Waste Management reading of FET is embraced despite post-Bilcon criticisms, but majority offers much deference to state policy choices; MFN access to stronger FET is nixed
  Apr 28, 2016
• UPDATED: Award rendered in Mesa Power v. Canada NAFTA arbitration, handing set-back to Texas-based renewables company
  Apr 01, 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
• More uncertainty looms as to scope of some Russian and Chinese BITs, as Swedish appeals court contradicts tribunal with respect to narrowly-worded arbitration clause
  Jan 25, 2016
• Fernandez-Armesto-chaired ICC tribunal finds $2 billion damages in Egyptian gas case, with other claims - including treaty cases - still pending
  Dec 07, 2015
• Tribunal finds Hungarian court's handling of bankruptcy proceedings to be flawed, leading to finding of a denial of justice under intra-EU BIT
  Nov 08, 2015
• At upcoming hearing, Renco and Peru will debate extent to which domestic litigation must be waived - and by whom
  Aug 24, 2015
• As decision in Mesa v. Canada looms, investor and all three NAFTA parties weigh in on significance of Bilcon
  Aug 10, 2015
• Arbitrators stand by their earlier finding that Peru's waiver objection should be heard on a preliminary basis in Renco v. Peru case
  Jul 12, 2015
• Renco and Peru continue to argue over preliminary objections, and tribunal announces that it will also hear a waiver objection
  Jun 17, 2015
• In Renco v. Peru case, arbitrators clarify which types of preliminary objections fall under a little-tested provision of U.S. investment treaties
  Dec 21, 2014
• Russia fails in bid for declaration that arbitrators wrongly took jurisdiction over Yukos claims; other countries, including China, may take interest
  Sep 11, 2014
• Brussels' latest intervention casts shadow over investment treaty arbitrations brought by jilted solar energy investors
  Sep 08, 2014
• In renewables case against Canada, the other NAFTA parties weigh in with views on key provisions - some unhelpful to investor
  Aug 27, 2014
• Arbitrators want to hear from US Government on treaty interpretation issue that has spurred sharply-divergent interpetations
  Aug 07, 2014
• Renco accuses Peru of seeking two bites of the apple, by raising a host of objections under little-used but often-present U.S. treaty clause
  Jul 28, 2014
• In new filing, US investor alleges that favourable Canadian energy pact granted to a Korean consortium breaches NAFTA Chapter 11
  Jul 09, 2014
• ANALYSIS: In Mesa v. Canada, focus is laid on less-used performance requirements and procurement provisions, and relevance of recent WTO ruling against Canada
  Jul 09, 2014
• Tribunals finalized in UNCITRAL and SCC claims arising out of solar-power controversies
  Apr 17, 2014
• ANALYSIS: Investor's memorial in Renco v. Peru UNCITRAL arbitration offers updated arguments on merits and remedies sought
  Mar 26, 2014
• Croatia Round-up: Arbitrators in place for Croatian real estate dispute; Gov't files UNCITRAL claim against Hungarian energy company
  Jan 21, 2014
• Following PCA decision, Czech Republic thwarts move by solar investors to sue in single arbitral proceeding; meanwhile Spain sees new solar claim at ICSID
  Jan 01, 2014
• Uzbekistan update: Arbitrators weigh in with final award in claim under investment treaty and local legislation; tribunal ready for claim by Kazakhs
  Oct 18, 2013
• Recent filings in Mesa Energy v. Canada arbitration shed light on Canada’s objections, as well as claimant's allegations of composite breach
  Sep 22, 2013
• U.S.A. prevails in yet another NAFTA investor-state arbitration; twin claims advanced by Apotex Inc. are dismissed in new award
  Jul 02, 2013
• Apotex Inc., fails to prove that it had an “investment” in U.S. territory entitled to NAFTA Chapter 11 protection
  Jul 02, 2013
• [Updated with Award] 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
• NAFTA tribunal in renewable energy arbitration allows entry into record of evidence obtained via "Section 1782" discovery in US courts
  Apr 25, 2013
• Tribunal is finalized to hear Renco v. Peru arbitration arising out of controversial La Oroya facility
  Apr 23, 2013
• Panelists confirmed for ICSID claim against Montenegro and Deutsche Bank v. Sri Lanka annulment
  Apr 23, 2013
• Green energy arbitration moves forward as arbitrators are picked and preliminary arguments tabled by investor (Mesa) and Canada
  Jan 29, 2013
• Montenegro to face second known investment treaty claim, this time over bankrupt steelworks
  Dec 10, 2012
• UPDATED: ICSID tribunals constituted in gas, mining and electricity cases against Indonesia, Slovakia, Egypt and Peru
  Oct 22, 2012
• ANALYSIS: Tribunal confirms Russia’s deliberate destruction of Spanish investors’ Yukos holdings; findings distinguished from human rights court
  Aug 01, 2012
• ANALYSIS: Arbitrators continue to debate whether states deserve a “margin of appreciation” when it comes to how to comply with BIT obligations
  Aug 01, 2012
• Russia held liable for expropriation of Yukos shareholdings in case brought by minority Spanish shareholders (but funded by majority owner)
  Jul 26, 2012
• Panels selected in ICSID matters involving Moldova, Egypt, and the Central African Republic
  Jan 13, 2012
• United States lays out defence arguments in NAFTA investor-state arbitration arising out of pharmaceutical drug approval process
  Aug 04, 2011
• India sued by foreign investor for investment treaty breach; complaint stems from willingness of Indian courts to consider set-aside of an earlier commercial arbitration ruling
  Jul 07, 2011
• ANALYSIS: Tribunal ruling in GEA v Ukraine offers contrast to earlier ICSID arbitration where non-enforcement of arbitral award was at issue
  Apr 14, 2011
• UK Supreme Court affirms non-enforceability of ICC award against Pakistan
  Nov 04, 2010
• Details come to light of final ruling in German investor’s arbitration with Ghana; fraud allegations do not preclude jurisdiction, but could be relevant to merits
  Sep 28, 2010
• Tribunal chosen to hear pharma company’s claim that it suffered denial of justice due to foreign court’s handling of prescription drug lawsuits
  Aug 05, 2010
• Arbitrators selected in ICSID proceedings against Cambodia, Ecuador, Jordan, Argentina, Venezuela and Chile
  Jan 16, 2010
• Mining investors offer to withdraw politically sensitive arbitration claim against South Africa
  Nov 13, 2009
• Tribunal in Spanish shareholders' Yukos claim holds that narrow arbitration clause permits expropriation claim
  Apr 16, 2009
• Tribunal affirms jurisdiction over claim by Spanish minority shareholders in Yukos oil company
  Apr 02, 2009
• ICSID Arbitration tribunals appointed in GEA v. Ukraine and Continental Casualty v. Argentina (annulment) proceedings
  Apr 02, 2009
• Russian Federation seeks to overturn jurisdictional award in Yukos shareholder claim; merits phase continues
  Jan 22, 2009
• IN-DEPTH: Tanzania’s handling of City Water deemed an expropriation; tribunal finds project was worthless by time of expropriation
  Jul 28, 2008