Donald McRae - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Donald McRae

• ICSID/ECT tribunal dismisses renewable energy claims against Romania
  Jan 17, 2025
• Local indigenous communities are allowed to intervene in third Glencore v. Colombia arbitration
  Nov 13, 2024
• Public hearing to be held in mining dispute with Australia
  Sep 03, 2024
• Second Zeph v. Australia arbitration sees procedural developments, as parties seek coordination with parallel UNCITRAL arbitration
  Jul 30, 2024
• [Updated] South Korea claims victory in treaty case lodged by Chinese investor
  May 31, 2024
• [Updated] ICSID tribunal dismisses bulk of mass claim stemming from Cyprus’ banking crisis
  May 23, 2024
• Analysis: ICJ refuses to indicate provisional measures in Mexico v Ecuador case, finding unanimously that assurances given by Ecuador are sufficient
  May 23, 2024
• [Updated with Award] Analysis: ICSID tribunal finds that Miami-based gold import company did not make a treaty-protected investment in Peru; state is awarded over 3.8 million USD in costs and fees
  May 23, 2024
• ICSID tribunal declines jurisdiction over gold trader’s claim against Peru
  May 14, 2024
• ICSID tribunal lays out transparency regime in third arbitration between Glencore and Colombia
  May 02, 2024
• Donald McRae is reportedly tapped to chair politically charged arbitration against Balkan state
  Apr 24, 2024
• UNCITRAL tribunal rules on transparency regime for mining arbitration against Australia
  Mar 27, 2024
• Majority of UNCLOS tribunal upholds Russia’s challenges against two arbitrators based on IIL Declaration; Christopher Greenwood dissents
  Mar 14, 2024
• UNCITRAL tribunal hearing mining case against Australia fixes arbitration seat and rejects request for provisional measures
  Jan 31, 2024
• Three are in place to hear Azerbaijan v. Armenia ECT arbitration
  Jan 17, 2024
• Analysis: ICSID tribunal hearing first known treaty case against Norway applies BIT’s territoriality requirement and Monetary Gold principle, and ultimately dismisses claims on the merits
  Jan 05, 2024
• ICSID tribunal dismisses claims in snow-crab fishing arbitration against Norway
  Dec 29, 2023
• Tribunals are revealed for billion-dollar mining arbitrations against Australia
  Sep 08, 2023
• Sabina Sacco is tapped to chair third ICSID arbitration between Glencore and Colombia
  Aug 29, 2023
• [Updated] Real estate arbitration arising out of Russia’s 2014 takeover of Crimea concludes with an award
  Mar 30, 2023
• ICSID tribunal disqualifies Norway’s quantum adviser from snow crab arbitration due to a conflict of interests, but refuses to take “drastic step” of removing counsel
  Mar 17, 2023
• ICSID tribunal hearing Peruvian gold trading dispute dismisses the respondent’s security for costs request – for now
  Oct 26, 2022
• Peru’s pleadings in gold mining dispute surface, revealing the state’s positions on jurisdiction and the merits, as well as reasons for security for costs request
  Sep 06, 2022
• Analysis: UNCLOS tribunal accepts to hear Ukraine’s claim that Russia wrongly detained its vessels in the Black Sea, but emphasizes that it lacks jurisdiction over military activities
  Jul 12, 2022
• As Ukrainian parties file billion-dollar ECHR claims against Russia for recent war destructions and human rights violations, UNCLOS tribunal issues inter-state award regarding 2018 military stand-off in the Black Sea
  Jun 27, 2022
• International Court of Justice finds that it has jurisdiction to examine facts that occurred after the instrument of consent had ceased to be in force
  Apr 22, 2022
• Uncovered: UNCITRAL tribunal finds that sale of investment two years prior to lodging the arbitration deprived claimant of investor status; reservation of right to bring treaty claim is deemed to be irrelevant
  Mar 22, 2022
• Czech Republic claims victory in UNCITRAL arbitration
  Mar 03, 2022
• Qatar and Saudi Arabia agree to suspend proceedings before the WTO’s Appellate Body
  Jan 10, 2022
• ICSID tribunal upholds Norway’s second request for bifurcation of quantum issues
  Jan 05, 2022
• Three are named to hear Peruvian gold trading dispute at ICSID
  Sep 22, 2021
• Analysis: Rule 41(5) decision under China-South Korea BIT surfaces, revealing that the tribunal declined to dismiss composite and continuous breach claims as manifestly time-barred
  Jul 05, 2021
• [Updated] ICSID tribunal dismisses bulk of expedited objections under the China-South Korea BIT
  Jun 21, 2021
• North Star v. Norway tribunal rejects request for bifurcation of quantum issues as premature
  Jun 18, 2021
• Three are named to hear PV Investors v. Romania arbitration
  Mar 31, 2021
• ICSID tribunal rejects intra-EU objection in ECT case against Bulgaria
  Mar 04, 2021
• Three are in place to hear treaty-based claims against South Korea brought by an imprisoned Chinese investor
  Feb 01, 2021
• Tribunal’s ruling on redaction of request for arbitration reveals debate about “business confidential information”, and leads to disclosure of amount ($400 mil) behind Norway’s fisheries arbitration
  Jan 18, 2021
• Easing of Qatar-Saudi Arabia tensions could affect treaty-based arbitrations
  Jan 14, 2021
• As Norway’s first ICSID arbitration gets underway, arbitrators dismiss claimants’ unorthodox early bifurcation request, and set out approach to transparency
  Nov 03, 2020
• [Updated] Details regarding first ICSID arbitration against Norway come to light
  Sep 08, 2020
• Analysis: in WTO ruling, McRae-chaired panel finds that measures by Saudi Arabia breached beIN’s IP rights – but some measures fall within essential security exception
  Sep 03, 2020
• Christopher Greenwood is tapped to chair first ICSID arbitration against Norway
  Aug 10, 2020
• Cyprus reveals that it was granted a 5 million USD security for costs in bondholder mass arbitration
  Aug 05, 2020
• Micula brothers seek annulment of ICSID award which found that Romania was not liable for failing to rein in illegal black market for alcoholic beverages
  Jul 14, 2020
• [UPDATED WITH FULL ANALYSIS]: ICSID annulment committee upholds award against The Gambia, dismissing claim of improper tribunal constitution
  Jul 08, 2020
• Looking Back: Tribunals in Trans-Global Petroleum v. Jordan and Brandes v. Venezuela provided the first known interpretations of ICSID Arbitration Rule 41(5)
  Jun 29, 2020
• Breaking: Blusun v. Italy award survives investors’ annulment request; committee sees no failure to consider key evidence on legitimate expectations
  Apr 14, 2020
• Analysis: In second Micula v. Romania award, arbitrators decide that Romania did not fail to rein in illegal black market for alcoholic beverages
  Mar 09, 2020
• Breaking: Micula brothers lose their second arbitration against Romania, as ICSID tribunal dismisses all claims
  Mar 05, 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
• Looking Back: NAFTA tribunal declined to consolidate parallel investor claims against Mexico, citing confidentiality concerns between fiercely competitive claimants and limited risk of inconsistent decisions
  Jan 15, 2020
• An ICSID ad hoc committee is formed to hear Spain’s bid to annul NextEra Energy award
  Dec 17, 2019
• UNCITRAL tribunal rejects security for costs application prompted by Russia’s belated decision to defend itself in under-the-radar Crimea case
  Nov 29, 2019
• Analysis: newly-published award in Seo v. Korea case finds that property acquired as a private residence and later rented out does not qualify as an investment under the Korea-US FTA
  Nov 04, 2019
• As first annulment ruling looms in a Spanish renewables case, Spain seeks to set aside another: the hefty €290.6 million NextEra Energy award
  Oct 02, 2019
• South Korea prevails in Jin Hae Seo case, as tribunal of Simma, Lo and McRae issues award dismissing claim under Korea-US Free Trade Agreement on a preliminary basis
  Sep 30, 2019
• Analysis: newly-divulged NextEra v. Spain decisions reveal fault lines between solar dispute tribunals on legitimate expectations derived from legislation and appropriateness of DCF valuation
  Jun 10, 2019
• Spain suffers its biggest solar power loss yet, as NextEra tribunal awards compensation of 290+ million Euros
  Jun 04, 2019
• ANALYSIS: Ad hoc committee partially annuls St. Lucia award because tribunal dismissed it “with prejudice” opening path to future arbitration - while upholding tribunal right to order security for costs
  May 09, 2019
• Final costs details are released in Philip Morris v. Australia following request by IAReporter
  Mar 21, 2019
• NextEra Energy is latest foreign investor to prevail in Energy Charter Treaty arbitration with Spain
  Mar 13, 2019
• Analysis: in quantum decision, Bilcon tribunal awards investors little more than their sunk costs, after finding no certain causation between Canada’s breach and alleged lost profits
  Feb 25, 2019
• Pierre Tercier tapped to chair Bulgarian renewables case
  Feb 25, 2019
• Canada ordered to pay $7 million for botched environmental review, but NAFTA arbitrators reject U.S. investors' bid for $400+ million in lost profits
  Feb 25, 2019
• Christopher Greenwood tapped to chair Alcor arbitration under the Czech-Republic-UAE BIT
  Feb 03, 2019
• Simma chosen to chair new expropriation claim under US FTA
  Jan 28, 2019
• ICSID committee declines to annul Suez v. Argentina (Case 03/17) award, but frowns on ICSID's arbitrator challenge process and copy-paste approach used by arbitrators across several awards
  Dec 17, 2018
• Panel of Cremades, McRae and Chen weigh in on conditions for stay of enforcement of mining award against Gambia, and effect of domestic liquidation process on investor's power to hire counsel
  Oct 22, 2018
• An update on eight investment arbitration claims against Canada
  Sep 20, 2018
• ANALYSIS: Annulment committee in Standard Chartered v. TANESCO says ICSID tribunal can reconsider earlier jurisdictional decisions under Kompetenz-Kompetenz power
  Aug 24, 2018
• Cyprus disputes round-up: an update on efforts by investors to sue Cyprus over 2013 restructuring of key banks
  Jul 24, 2018
• Canada fails in bid to set aside unfavourable NAFTA award from Bilcon quarry dispute - damages ruling looms in $443 million compensation fight
  May 02, 2018
• Investor sells out of Bulgaria, but says its arbitral claim against the state will continue
  Feb 22, 2018
• Damages claims come to light as parties prep for hearings in controversial NAFTA quarry case, Clayton/Bilcon v. Canada
  Feb 12, 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
• An update on arbitrator challenges, resignations, and un-resignations
  Feb 06, 2018
• Donald McRae chosen by parties to chair investment claim against Papua New Guinea
  Jan 02, 2018
• Crimea-related Lugzor v. Russia arbitration clears jurisdictional hurdles
  Dec 13, 2017
• Parties pick Gabrielle Kaufmann-Kohler to chair latest investment treaty claim against Croatia
  Dec 11, 2017
• Ten are designated to the ICSID Panel of Arbitrators by the ICSID's leadership
  Sep 17, 2017
• Final award is released in Philip Morris v. Australia case, but crucial costs information is redacted from public view
  Jul 09, 2017
• As India's key jurisdictional objections come into view in tax cases, tribunals diverge as to whether they should be addressed on a preliminary basis
  May 01, 2017
• "Quasi-consolidation" of billion dollar retroactive tax cases is nixed; arbitrators also rule that Cairn v. India case should not be stayed in deference to Vedanta proceeding
  Apr 28, 2017
• In jurisdiction ruling, arbitrators rule that Russia is obliged under BIT to protect Ukrainian investors in Crimea following annexation
  Mar 09, 2017
• Three are selected to hear RSM's attempt to overturn dismissal of claim against Saint Lucia
  Jan 19, 2017
• Ecuador v USA award surfaces after 4+ years; read IAReporter's full summary and analysis here
  Dec 13, 2016
• In contractual ICSID case, Standard Chartered Bank Hong Kong v. TANESCO, arbitral tribunal finds that it has power to re-evaluate its earlier decision due to respondent’s omission of key facts
  Oct 02, 2016
• 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
• Tribunal is finalized to hear $3 billion BIT claim against India under UNCITRAL rules
  Aug 14, 2016
• Arbitrators picked for latest arbitration by Standard Chartered Bank over Tanzanian power project
  May 24, 2016
• Philip Morris v. Australia award surfaces; tribunal adopted looser test of abuse than seen in Pac Rim case, and deemed investor's corporate restructuring to be abusive
  May 17, 2016
• REVEALED: fuller details of the arbitrators' reasoning in the still-confidential Ecuador v. USA state-to-state BIT award
  Apr 28, 2016
• Two veterans and one rookie are selected to hear Gambia's bid to annul arbitral award in favour of miner
  Feb 01, 2016
• Russia disputes round-up: updates on status of 11 known investment treaty claims
  Jan 19, 2016
• Australia prevails in arbitration with Philip Morris over tobacco plain packaging dispute
  Dec 17, 2015
• Fernandez-Armesto-chaired ICC tribunal finds $2 billion damages in Egyptian gas case, with other claims - including treaty cases - still pending
  Dec 07, 2015
• ICSID renewables claims against Spain reach 23, along with some signs of repeat arbitrator appointments - but no common chairs as yet
  Nov 17, 2015
• Canada hopes that Federal Court will overturn NAFTA tribunal's controversial decision in Nova Scotia quarry case (Bilcon v. Canada)
  Jun 17, 2015
• As tribunal is finalized for second Micula v. Romania ICSID arbitration, new developments come in relation to earlier award
  May 01, 2015
• Unpacking the reasoning of the ad-hoc annulment committee in the Tza Yap Shum v Peru (narrow arbitration clause) case
  Apr 16, 2015
• Arbitrators in Clayton/Bilcon case align on jurisdictional questions, but fall out over Canada's liability for NAFTA breach in $300 million quarry fight
  Mar 21, 2015
• Majority of NAFTA Chapter 11 tribunal finds national treatment and minimum standard breaches in environmental review of controversial Nova Scotia quarry
  Mar 21, 2015
• In NAFTA dissent, Donald McRae sees chilling effect - and "remarkable step backwards in environmental protection" - due to majority ruling
  Mar 21, 2015
• ICSID committee weighs in on bid to annul China BIT award - just weeks after Singapore Court criticized jurisdictional reasoning in the case
  Feb 17, 2015
• Latest developments in the Philip Morris arbitrations against Australia and Uruguay
  Feb 12, 2015
• Spain round-up: Even as European Commission throws up red flags, two new claims land at ICSID, and tribunal members are finalized in another
  Jan 27, 2015
• On eve of annulment ruling in Chinese BIT case, Singapore High Court offers criticism of an ICSID ruling that had served as inspiration in UNCITRAL case
  Jan 20, 2015
• Philip Morris v. Australia: new ruling explains why jurisdictional questions to be reviewed first; umbrella clause is no longer being used to import WTO law
  Jun 30, 2014
• Australia denies access to its "plain packaging" arbitration defence under Freedom of Information law
  May 12, 2014
• Updates on Oxus v. Uzbekistan, Stans Energy v. Kyrgyzstan, and Standard Chartered v. TANESCO arbitrations
  May 09, 2014
• Updates on progress of Philip Morris arbitrations against Australia and Uruguay
  Apr 28, 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
• Tribunal makes jurisdiction and merits findings in Tanzanian power plant payment dispute
  Mar 06, 2014
• As NAFTA hearings set to be web-streamed in quarry dispute, IAReporter reviews latest pleadings, including arguments on attribution, time limits, discrimination and due process
  Oct 16, 2013
• ICSID arbitrators named for UAB Energia v. Latvia and Georg Gavrilovic v. Croatia cases; replacements picked for Zimbabwe and Peru tribunals
  Jul 07, 2013
• First hearing in Philip Morris v. Australia arbitration is pushed into 2014, as New Zealand reveals it is awaiting outcome of Australian cases
  Feb 28, 2013
• Investor concedes that UK-Hungary BIT allows only arbitration of expropriation claim; tribunal clarifies role of MFN and customary international law
  Feb 27, 2013
• Battle is joined on second treaty-arbitration front in Israel-Egypt gas fight, as ad-hoc arbitral tribunal is chosen
  Feb 06, 2013
• Philip Morris vetoes open arbitration hearings in Australia case, but filings may be released, and tribunal decisions will be published
  Jan 10, 2013
• Hearing set for Australia’s request to bifurcate jurisdictional objections in Philip Morris case; will Hong Kong and Australia agree on contested "control" issue?
  Jan 10, 2013
• Cargill says Mexico is latest member of non-payer’s club; IAReporter review found half-dozen states not paying BIT awards
  Nov 14, 2012
• US-Ecuador inter-state investment treaty award released to parties; tribunal members part ways on key issues
  Oct 30, 2012
• New victory for Ukraine in ICSID arbitration looks at limits of umbrella clauses
  Oct 30, 2012
• ICSID Tribunal Selections: Arbitrators picked for Hungary, Egypt and Equatorial Guinea disputes and Paraguay annulment proceeding
  Sep 06, 2012
• United States defeats Ecuador’s state-to-state arbitration; will outcome dissuade Argentine copycat case?
  Sep 02, 2012
• U.S. jurisdictional objections to Ecuador’s state-to-state investment treaty arbitration claim are unveiled
  Jul 11, 2012
• Philip Morris v Australia arbitration kicks into gear as tribunal is chosen
  Jun 07, 2012
• Canada expands on defences to NAFTA claim over environmental assessment of Nova Scotia quarry; government says regulatory goals and project differences may justify different treatments for different projects
  May 21, 2012
• Canadian Supreme Court refuses to set aside arbitral award due to tribunal’s willingness to factor cross-border “trade” losses into valuation of an investment
  May 10, 2012
• ICSID Round-Up: Argentina bondholders tribunal reconstituted, Hungary tribunal picked, and two new annulment panels chosen
  Jan 31, 2012
• ANALYSIS: Australian defense strategy puts spotlight on timing of Philip Morris’s corporate structuring moves, claims “abuse” of investment treaty
  Dec 31, 2011
• In awkward twist, Ecuador’s path to state-to-state investment treaty arbitration with USA must run through ICSID
  Nov 22, 2011
• ICSID Round-up: Arbitrators named in cases against Poland, Kazakhstan and Egypt; annulment committee picked in Ukraine case
  Oct 26, 2011
• ICSID tribunals convened in Congo mining dispute, Serbian casino case, Tanzanian power plant dispute, and rematch between Sempra and Argentina
  May 03, 2011
• Cargill v. Mexico ruling finds three NAFTA breaches; publication of 2009 arbitral award delayed 17 months as redactions debated
  Mar 15, 2011
• Canada sets out arguments in NAFTA claim arising out of environmental assessment of quarry and shipping project
  Sep 19, 2009
• Turkey prevails in one of three claims arising out of termination of Uzan family-owned electricity concession
  Aug 17, 2009
• NAFTA quarrying and shipping claim against Canada will be open to the public
  May 27, 2009
• Energy Charter claim against Ukraine moves forward quietly; tribunal picked in separate Bosh case at ICSID
  May 27, 2009
• Tribunal selected to hear NAFTA claim between Canada and US investors in proposed quarrying and shipping scheme
  Feb 10, 2009
• In-Depth: Turkey resists effort by two claimants to withdraw ICSID cases in electricity company disputes
  Feb 10, 2009
• ICSID preliminary objection is raised by Venezuela in dispute with US investor over telecoms dispute
  Jan 05, 2009