Campbell McLachlan - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Campbell McLachlan

• Analysis: In APMCA v. USA, arbitrators find that bifurcating proceedings to hear respondent’s arguments regarding ratione temporis scope of NAFTA/USMCA transition provisions and ratione materiae objections best serves procedural fairness and efficiency
  Aug 13, 2024
• Tribunal hearing NAFTA legacy dispute between publicly-owned Alberta Petroleum Marketing Commission and the USA decides to bifurcate proceedings
  Aug 12, 2024
• Revealed: ICSID tribunal in MetLife v. Argentina sees no customary international law limitation period and finds that state expropriated pension fund’s assets, but quantum is reduced to fraction of damages claimed
  Apr 17, 2024
• Three are in place to hear coal phase-out dispute with Germany under Energy Charter Treaty
  Mar 14, 2024
• Three are in place to hear dispute between Alberta’s Petroleum Marketing Commission and the USA
  Dec 21, 2023
• Analysis: Tribunal hearing bitterly-fought Ipek v. Turkey dispute examines if contractual rights qualify as BIT-protected investments, and ultimately dismisses the case based on an abuse of process; previously unseen procedural decisions come to light
  Jul 06, 2023
• Uncovered: UNCITRAL tribunal in Liberty v. Venezuela (2) finds that investor is entitled to pursue ad hoc UNCITRAL arbitration, as neither ICSID Convention arbitration, nor arbitration under ICSID’s Additional Facility Rules is available under the Spain – Venezuela BIT
  May 09, 2023
• [Updated with a copy of the Award] ICSID tribunal declines jurisdiction over claim arising out of failed Turkey coup
  Dec 08, 2022
• Analysis: State succession takes centre-stage in arbitration between Sudan’s state-owned oil company and newly-independent South Sudan
  Oct 21, 2022
• Three are in place to hear parking meter dispute under Guyana’s investment law
  Sep 21, 2022
• India challenges replacement arbitrator in BIT arbitration, following the state’s earlier successful bid to disqualify the claimant’s previous appointee
  Sep 06, 2022
• ICJ President rules that investment arbitrator should be disqualified due to conflict created by his law firm’s involvement in separate matter
  Jul 15, 2022
• Analysis: Tribunal hearing second-wave Yukos Capital arbitration awards damages for expropriation of loan to Yukos Oil; both wing arbitrators dissent, opining that the award resulted in an “unjust enrichment” of a party
  Mar 30, 2022
• 5 billion USD award against Russia surfaces, revealing that arbitrators disagreed on discount for contributory fault and amount of damages
  Mar 25, 2022
• Bangladeshi state-owned entities file for annulment of contract-based award in multi-faceted gas dispute
  Feb 04, 2022
• Three are in place to hear one of two parallel treaty claims against Venezuela
  Nov 19, 2021
• Analysis: Second-wave Yukos tribunal takes a new look at ECT provisional application and upholds jurisdiction over intra-group loans; Stern dissents on both counts
  Nov 03, 2021
• Uncovered: ICSID tribunal issues award in contract-based arbitration against Bangladesh’s state-owned entities, despite pendency of coordinated parallel proceedings; claimant is awarded compensation for unpaid gas deliveries, as well as most costs
  Oct 07, 2021
• Eiser claimants lodge resubmission proceedings in long-running renewables dispute with Spain
  Aug 02, 2021
• Breaking: Claimant in second-wave Yukos case against Russia announces $5 billion victory
  Jul 28, 2021
• [Updated with new document] Investors seek supplementary decision from Eiser v. Spain ad hoc committee
  Aug 01, 2020
• Analysis: Eiser v. Spain annulment committee stresses its role as guardian of the ICSID system, imposes a “high” bar for double hatting, and finds that numerous undisclosed past and present connections between an arbitrator and the claimants’ quantum experts warrants annulment of the underlying award
  Jun 12, 2020
• Breaking: 128+ million EUR Spanish renewables award is annulled, as ad-hoc committee finds fault with arbitrator's undisclosed relationship to claimants' damages experts
  Jun 11, 2020
• India round-up: An update on seven investment treaty cases against the state
  Jun 11, 2020
• Two cases are discontinued at ICSID following the parties’ settlements
  May 29, 2020
• ICSID tribunal finds Niko Resources liable for blowout of gas field in Bangladesh dispute
  May 04, 2020
• Award which rejected claims over taxation measures withstands annulment bid at ICSID
  Apr 23, 2020
• Hela Schwarz v. China tribunal rejects China’s request for bifurcation, but accepts amendments to the claimant’s request for arbitration
  Apr 14, 2020
• Tribunal in bitterly fought ICSID dispute sees no general duty of confidentiality, but orders that arbitral decisions should be treated as confidential in the future; security for costs decision surfaces
  Apr 10, 2020
• Local court enjoins UK-based company from funding ICSID arbitration
  Mar 25, 2020
• REVEALED: the detailed reasons why arbitrators have ordered Turkey to suspend local criminal and civil proceedings running parallel to an ICSID case - but declined to block extradition requests
  Feb 12, 2020
• Turkey round-up: an update on developments in the Ipek, Cascade and Westwater Resources BIT arbitrations
  Feb 03, 2020
• PCA taps former Kenyan Attorney General to serve as appointing authority for UNCITRAL arbitration claim against South Sudan; sole arbitrator now in place
  Aug 28, 2019
• Schneider, Paulsson and McLachlan in newly-surfaced 600 page ICSID decision, see no proof of corruption by Canadian investor, Niko - merely engagement of local "lobbyists" in Bangladesh
  Aug 01, 2019
• Binnie-chaired tribunal sees no reason to bifurcate MetLife Insurance's investment arbitration against Argentina
  Apr 01, 2019
• Campbell McLachlan tapped to chair UNCITRAL BIT arbitration
  Feb 06, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• Arbitrators are in place for Ipek's claim that Turkey unlawfully seized its businesses
  Sep 28, 2018
• An update on investment treaty disputes involving the Government of India
  Aug 23, 2018
• Investor suing China under German investment treaty fails to secure interim restraint of expropriation and destruction of factory
  Aug 21, 2018
• Vietnam round-up: government emerges unscathed from another UNCITRAL BIT arbitration, with a million dollar costs order; but faces at least three other pending treaty claims 
  May 18, 2018
• Investors hope to undo arbitral victory for Jordan in fight over tax on proceeds of asset-sale
  May 02, 2018
• Arbitrator comings & goings: Binnie, Bulnes, and Kim are tapped to chair a trio of new proceedings, as Pryles, Cheng and Ramirez-Hernandez resign from cases
  Feb 12, 2018
• In a case with broader potential ramifications, arbitrators render award on BIT claim brought by jilted tender bidder Samsung against Oman - embodying parties' agreement to settle
  Jan 19, 2018
• Investment treaty claim against China is ready to proceed to provisional measures ruling, as three arbitrators are put in place
  Jan 08, 2018
• Kaufmann-Kohler tribunal declines jurisdiction over claim against East Timor, after earlier refusal to order security for costs - [UPDATED with full analysis]
  Dec 29, 2017
• 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
• In McLachlan-chaired arbitration, newly-obtained award reveals that gold miner failed on contractual claims, and tribunal rejected claimant's attempts to raise claims for breach of international law
  Nov 01, 2017
• ICSID selects three panellists to hear Spain's bid to overturn unfavourable solar-dispute award
  Oct 24, 2017
• Egypt round-up: a new investment treaty claim by Future Pipe International B.V. lands at ICSID, as at least seven other arbitrations moved forward
  Aug 27, 2017
• Russia turns to Canadian and Swiss courts, seeking to set aside a pair of Yukos "second-wave" Energy Charter rulings - but Swiss bid is deemed premature
  Aug 10, 2017
• In depth: arbitrators in Eiser award deem ECT to protect against "total" and unreasonable regulatory change, but tax measure is excluded; Spain fails in bid to admit favourable SCC award into evidence
  May 11, 2017
• Spain's arbitral winning streak comes to a halt, as ICSID tribunal awards 128 million euro (plus interest) for changes made in solar sector
  May 05, 2017
• ICSID tribunal considers power to seek assistance from domestic courts, but sees no grounds to exercise such power in Bangladesh gas dispute
  Apr 18, 2017
• In new Egypt ruling, disproportionate contract termination and failure to prevent pipeline attacks underpin Fortier-chaired tribunal’s findings of BIT breach
  Feb 28, 2017
• In second-wave Yukos arbitration, McLachlan and Rowley see Russia as provisionally bound by Energy Charter Treaty
  Feb 16, 2017
• ANALYSIS: arbitrators in Urbaser v. Argentina water dispute deviate from prior Impregilo award on necessity and damages
  Jan 12, 2017
• In a first, BIT tribunal finds that it has jurisdiction to hear a host state's counterclaim related to investor's alleged violation of international human rights obligations
  Jan 12, 2017
• ANALYSIS: ICSID committee highlights importance of public reason-giving by investment tribunals, in part-annulling Tidewater award
  Dec 29, 2016
• Breaking: ad-hoc committee finds that tribunal failed to state reasons in Venezuela award and annuls part of damages award
  Dec 28, 2016
• Argentina ducks damages in long-awaited award arising out of water concession
  Dec 11, 2016
• ICSID tribunal in Niko Resources vs. Petrobangla and BAPEX skirts question of powers to reconsider prior substantive decisions
  Nov 15, 2016
• Tribunal sets out timetable for examining corruption allegations in Bangladesh case, but declines to reconsider prior reluctance to seek investigative records from Canadian officials
  Oct 20, 2016
• ANALYSIS: where do matters stand with respect to Energy Charter Treaty claims against Spain?
  Sep 28, 2016
• ICSID tribunal orders state-owned companies to work to get local court injunction lifted
  Jul 20, 2016
• ANALYSIS: Tribunal's decision to re-open corruption issue in Bangladesh case does not delve into ongoing debate over powers of reconsideration
  Jun 16, 2016
• Arbitrators allow investor to cure a "crystalised" abuse of process by choosing to drop one of two sets of parallel BIT arbitration claims
  May 29, 2016
• ANALYSIS: BIT tribunal lays out investor-friendly reading of U.S. investment treaty's denial of benefits provision; sees no scope for retrospective effect
  May 29, 2016
• ANALYSIS: As domestic courts second-guess arbitral verdicts in past Yukos cases, three more tribunals are currently assessing whether they have jurisdiction over Russia under ECT
  Apr 25, 2016
• Revealed: The unpublished reasons for PCA Secretary-General's dismissal of two "issues conflicts" disqualification bids in BIT case (Belokon v. Kyrgyz Republic)
  Apr 14, 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
• On heels of Oman's victory in ICSID arbitration, a tribunal is finalized to hear Samsung's unrelated claim against the Sultanate
  Nov 05, 2015
• Tribunals constituted in ICSID cases against Uzbekistan, Croatia, Lebanon and East Timor, while replacement is named for Venezuela case following arbitrator resignation
  Aug 10, 2015
• INVESTIGATION: as Yukos enforcement grabs headlines, Russia has faced at least 10 new treaty arbitrations since 2012, with others threatened
  Jul 14, 2015
• Tidewater award survives Venezuela's request for revision of damages
  Jul 12, 2015
• Hungary prevails in second of two ICSID claims brought by jilted radio broadcasting investors
  Apr 20, 2015
• Arbitrators in Tidewater v. Venezuela award identify six key variables in DCF valuation of seized business
  Mar 16, 2015
• Another expropriation ruling against Venezuela, as ICSID arbitrators award Tidewater $60 million (inclusive of pre-award interest)
  Mar 15, 2015
• Intra-EU treaty claims controversy: new decisions and developments in claims brought by EU investors vs. Spain and Hungary
  Dec 24, 2014
• In Petrobangla case, local injunction issued before contract can't excuse non-payment for gas under that contract
  Sep 23, 2014
• Investors in Hungary's radio industry fail to persuade arbitrators that they had rights capable of expropriation under Swiss & Dutch BITs
  Apr 17, 2014
• Vietnam wins treaty arbitration with US investor; a second treaty claim heads to hearings this year
  Jan 21, 2014
• In new ruling, investor's corruption conviction is not a bar to jurisdiction over two claims by energy company Niko Resources in Bangladesh arbitrations
  Aug 20, 2013
• Objections aired by Vietnam in face of U.S. real estate investor’s treaty claim
  Jul 17, 2013
• Newly unearthed decision records reasons for rejection of bid to disqualify counsel in Fraport v. Philippines arbitration
  Apr 03, 2013
• Arbitrators in water privatization dispute dismiss all jurisdictional objections raised by Argentina in face of Spanish investors’ claims
  Mar 17, 2013
• ICSID tribunal weighs in with unanimous reading of local litigation requirement found in Argentine bilateral investment treaty
  Mar 17, 2013
• ICSID tribunal rules that Tidewater did not restructure Venezuelan assets in an abusive fashion; however, some claims are beyond tribunal’s jurisdiction
  Feb 12, 2013
• Battle is joined on second treaty-arbitration front in Israel-Egypt gas fight, as ad-hoc arbitral tribunal is chosen
  Feb 06, 2013
• ICSID Tribunals selected in Dan Cake v. Hungary and Sudapet v. South Sudan arbitrations
  Feb 06, 2013
• UPDATED: ICSID tribunals constituted in gas, mining and electricity cases against Indonesia, Slovakia, Egypt and Peru
  Oct 22, 2012
• ICSID Tribunal Selections: Arbitrators picked for Hungary, Egypt and Equatorial Guinea disputes and Paraguay annulment proceeding
  Sep 06, 2012
• Heritage Oil v Uganda tax arbitration heads to jurisdictional hearings
  Apr 30, 2012
• U.S. investor pursues UNCITRAL arbitration claim against Vietnam; tribunal empaneled to hear allegations of treaty breach
  Dec 01, 2011
• Interview: Author of forthcoming study on arbitrator disqualification explains why ICSID arbitrators are so difficult to unseat
  Jun 08, 2011
• ANALYSIS: ICSID Committee rejects bid to annul award in Peruvian energy tax stabilization dispute
  Mar 31, 2011
• Tribunals picked in Bangladesh, Kazakhstan and Venezuela disputes
  Jan 13, 2011
• Challenge to popular arbitrator Brigitte Stern is rejected; colleagues see no grounds for disqualification due to multiple appointments by Venezuela and non-disclosure
  Jan 04, 2011
• One challenge to oft-appointed arbitrator Prof. Brigitte Stern is rejected (in Slovak case), but others arise
  Nov 25, 2010
• Tribunals selected in one Peru case (Convial Callao S.A), as another (by Renée Rose Levy)materializes; arbitrators chosen in Tidewater v.Venezuela case
  Sep 15, 2010
• Co-Arbitrators reject argument that colleague should be disqualified due to positions taken in academic writings (Urbaser v. Argentina)
  Sep 15, 2010
• ICSID committee confirms Egypt’s lack of treaty breaches in hotel dispute, but takes issue with tribunal’s comment on recourse to local courts
  Jul 02, 2010
• Government objects to attempt to disqualify arbitrator because of his prior academic writings (Urbaser v. Argentina)
  May 07, 2010
• Arbitrator in treaty dispute challenged due to academic writings (Urbaser v. Argentina)
  Apr 09, 2010
• ICSID Committee declines to annul large damages award in Rumeli & Telsim v. Kazakhstan case
  Mar 25, 2010
• Profiling the arbitrators selected in Maersk v. Algeria, Urbaser v. Argentina, and Gold Reserve v. Venezuela
  Mar 18, 2010
• ICSID committee asks Kazakhstan to guarantee prompt payment if annulment fails – or post 50% of award value now
  Apr 02, 2009
• Tribunals appointed in Alapi v. Turkey, Mobil v. Canada, Caratube v. Kazakhstan, iZee v. Georgia, and Duke v. Peru (annulment)
  Mar 17, 2009