Francisco Orrego Vicuna - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Francisco Orrego Vicuna

• Looking Back: Merrill & Ring v. Canada tribunal found that custom had evolved to favour investors, but that no breach could arise without harm to claimant
  Sep 14, 2021
• [Updated] EU Commission lodges state-aid investigation into Antin v. Spain ECT award, citing the CJEU’s Achmea judgment
  Jul 19, 2021
• Looking Back: Tribunal in Georgia’s first known BIT case grappled with the ECT’s provisional application, and examined an alleged failure to comply with local law
  Apr 16, 2021
• French Cour de cassation resurrects USD 1.6 billion award against Venezuela
  Apr 01, 2021
• Looking Back: Tribunal in African Holding v. DRC ruled on corruption allegations, transfer of investment, and date of dispute
  Feb 18, 2021
• French Cour de cassation allows applicants to submit new jurisdictional arguments at the annulment stage, and opens the way for a renewed review of the Schooner v. Poland award
  Dec 04, 2020
• Analysis: Three enforcement judgments in Tatneft v. Ukraine find against the state on definition of investment and abuse of rights; award is ultimately enforced despite tribunal’s lack of jurisdiction
  Nov 24, 2020
• Looking Back: Arbitrators in Fedax v. Venezuela gave an early interpretation of the notion of protected investment under the ICSID Convention
  Oct 13, 2020
• Looking Back: First Sempra v. Argentina tribunal read FET standard as gap-filler in the context of investment protection; award was later set aside
  Sep 22, 2020
• Looking Back: In Enron v. Argentina, arbitrators discussed police powers and necessity exception in times of economic crisis
  Sep 22, 2020
• US Court weighs in on arbitrator impartiality and corporate restructuring
  Aug 25, 2020
• Analysis: In Bahgat v. Egypt, arbitrators find that a series of measures, including the claimant’s arrest and the freezing of his assets, amounted to a violation of two BITs
  Aug 18, 2020
• Bahgat v. Egypt decisions come to light
  Aug 12, 2020
• Two cases are discontinued at ICSID following the parties’ settlements
  May 29, 2020
• Revealed: Arbitrators in Pan American Energy v. Bolivia disagreed on whether jurisdictional questions could be raised under ICSID Arbitration Rule 41(5) but found that, in any case, the investor’s claims did not manifestly lack legal merit
  May 06, 2020
• Uncovered: In Bahgat v. Egypt, a unanimous tribunal upheld jurisdiction, and deemed dual national objection to be untimely - but in a separate opinion, Orrego Vicuna made clear that he disagreed with the majority’s view that dual nationals could bring claims against states whose nationality they held
  May 01, 2020
• UNCITRAL tribunal finds that Egypt breached two investment treaties through criminal proceedings initiated against investor in iron ore venture
  Apr 22, 2020
• Hungary fails to annul award in favour of French investor at ICSID
  Mar 11, 2020
• After Spain award is trimmed down by €11 million, annulment committee declines request to stay its enforcement
  Oct 31, 2019
• In new award, arbitrators uphold jurisdiction over BIT claim against Argentina, finding that the claimant has made a prima facie case that the respondent’s failure to pay monies under contract amounts to a treaty violation
  Aug 19, 2019
• Looking Back: Joy Mining v. Egypt tribunal declined jurisdiction over dispute on numerous accounts
  Jul 19, 2019
• Libya Round-up: new investment treaty claims, new rulings, and updates on arbitrator appointments
  May 23, 2019
• Analysis: French Appeals Court refuses to set aside Ryan & Schooner v. Poland award, seeing no reason to overturn tribunal's reading of BIT's tax carve-out and its handling of FET & discrimination claims
  Apr 04, 2019
• Reasons emerge as to why Mercer v. Canada tribunal declined to issue a supplementary decision in NAFTA Chapter 11 arbitration
  Mar 07, 2019
• South American Silver v. Bolivia (Part 1 of 3): tribunal split as to whether indirectly-owned investments are covered by BIT, but majority upholds jurisdiction
  Feb 21, 2019
• South American Silver v. Bolivia (Part 2 of 3): tribunal finds that there is no “clean hands” doctrine under international law, and finds unlawful expropriation due to termination of mining concessions in protest-plagued region
  Feb 21, 2019
• South American Silver v. Bolivia (Part 3 of 3): majority sees no breach of FET or full protection; damages analysis sees only sunk costs as due
  Feb 21, 2019
• ANALYSIS: Paris Court of Appeal deemed that treaty's time-bar provisions should have affected tribunal's quantum analysis in billion dollar ruling
  Jan 31, 2019
• Damages portions of $1.2 billion arbitral award against Venezuela are annulled by Paris Court
  Jan 30, 2019
• Looking Back: At jurisdictional phase, CMS v. Argentina tribunal allows minority shareholders to bring claim under Argentina-US BIT
  Jan 30, 2019
• Looking Back: On the merits, CMS tribunal finds Argentina liable for breaches of FET and umbrella clause, sparks debate on necessity defense; despite partial annulment and heavy criticism from annulment committee, the award stands
  Jan 30, 2019
• An update on under-the-radar arbitral rulings that address Achmea objection
  Jan 13, 2019
• Venezuela’s bid to annul $500 million award fails; committee finds that it can’t review alleged partiality of arbitrator
  Dec 17, 2018
• Tribunal weighs in with ruling on supplementary decision request in Mercer v. Canada NAFTA arbitration
  Dec 13, 2018
• Hanotiau, Tercier, and Fortier brought in to hear next phase of long-running BIT arbitration, following departure of original tribunal
  Dec 13, 2018
• Venezuela round-up: an update on recent developments in investment claims against the state
  Dec 10, 2018
• Egypt Round-up: an update on new investment claims, settlements, and arbitrator appointments
  Nov 30, 2018
• South American Silver wins on expropriation in long-running bilateral investment treaty case – but collects only sunk costs from Bolivia
  Nov 23, 2018
• Looking Back: First Occidental v. Ecuador case sees discussion of comparators for discrimination, use of WTO law, and ‘fork-in-the-road’ clauses
  Nov 23, 2018
• Poland investment treaty claims round-up: an update on new claims, progress of ongoing cases, and enforcement/set-aside actions
  Nov 16, 2018
• Analysis: In a striking new award, ICSID tribunal rules that Achmea judgment does not cast shadow over ICSID-based arbitration; but efforts to empanel ad-hoc committees to review such intra-EU BIT awards keeps getting harder
  Oct 11, 2018
• An update on eight investment arbitration claims against Canada
  Sep 20, 2018
• Czech Republic: updates on six pending investment treaty arbitrations
  Aug 01, 2018
• Cyprus disputes round-up: an update on efforts by investors to sue Cyprus over 2013 restructuring of key banks
  Jul 24, 2018
• Antin v. Spain (Part 1): arbitrators see extensive due diligence by investors in concentrated solar power sector, and reject a series of jurisdictional and admissibility objections
  Jun 24, 2018
• Antin v. Spain (Part 2): Spain breached investors’ legitimate expectations when eliminating essential features of regulatory framework despite previous representations of legal stability
  Jun 24, 2018
• [UPDATED with award] Spain suffers another nine figure loss, this time in Zuleta-chaired Energy Charter Treaty arbitration
  Jun 19, 2018
• Alfredo Bullard tapped to chair Eutelsat v. Mexico investment treaty arbitration
  Jun 13, 2018
• In now-public Devas v. India BIT award, arbitrators disagree on interpretation of “essential security interest” clause and extent to which national security concerns underlay state's conduct
  Jun 12, 2018
• ANALYSIS: In now-published Mercer v. Canada award, Veeder, Douglas and Orrego-Vicuna diverge over NAFTA procurement exception, and whether non-discrimination forms part of customary international law
  May 14, 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
• U.S. claimant Schooner Capital seeks set aside of award in favour of Poland
  Apr 25, 2018
• Balkan Energy award vs Ghana is recognised by US courts; arbitration agreement held to be valid
  Mar 26, 2018
• ANALYSIS: Spain immediately seeks to test whether ECJ judgment reaches to Energy Charter Treaty cases; however request to reopen two closed proceedings also raises specter of arbitrator challenge
  Mar 09, 2018
• Canada prevails in NAFTA arbitration with U.S. investor in British Columbia pulp mill
  Mar 06, 2018
• After Finnish Supreme Court confirms investor's nationality, an UNCITRAL tribunal affirms jurisdiction over his BIT claims against Egypt; tribunal orders Egypt to reimburse claimant for payments
  Feb 15, 2018
• As damages phase gets underway in ABCI v. Tunisia, we review decision where majority found jurisdiction under Tunisian foreign investment law, but not under BIT
  Jan 24, 2018
• North Africa round-up: new developments in investment treaty cases in Libya, Algeria and Tunisia
  Dec 13, 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
• In a rare move, after arbitrators decline jurisdiction over dispute, investor's home state courts rule that they will adjudicate claims for breach of bilateral investment treaty
  Jul 09, 2017
• Egypt seeks to persuade arbitrators that dual-national investor, Mohamed Abdel Raouf Bahgat, was "effectively" Egyptian, and thus unable to pursue $200 million UNCITRAL BIT claim
  May 11, 2017
• Looking Back: Turkey’s first ICSID case ends with FET breach for failure to create stable and predictable legal framework for PSEG, but compensation is limited to amount invested
  May 03, 2017
• ICSID Annulment Round-Up: requests filed in relation to awards involving Italy, Hungary, Argentina and Venezuela
  May 03, 2017
• Previously-unseen jurisdictional award waves away objections to Russian-owned investment claim in Tatneft v. Ukraine
  Apr 19, 2017
• In long-confidential Russia-Ukraine BIT award, tribunal reviews evidence of alleged “black raid” by oligarch, facilitated by Ukraine’s courts and Prosecutor
  Apr 07, 2017
• In Tatneft v Ukraine award, tribunal sees breach of FET in the totality of the record but awards only the price originally paid by the investor
  Apr 07, 2017
• In now-public award, arbitrators interpret Ghana's constitution and disagree with Supreme Court's reading of key provision; gov't is estopped from arguing that contract is invalid due to lack of parliamentary approval
  Apr 02, 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
• Ecuador ordered to pay $379 million for expropriation of US investor's oil blocks; state says it was awarded damages for environmental counterclaim, and plans annulment of final award
  Feb 08, 2017
• Looking Back: Preliminary rulings in Maffezini v. Spain kicked off debate over MFN and dispute settlement, but also addressed attribution and security for costs
  Feb 06, 2017
• Looking Back: Merits award in Maffezini v. Spain award offered early confirmation that BITs are not insurance policies
  Feb 06, 2017
• French investor wins 23 million EUR under France-Hungary BIT
  Dec 16, 2016
• UPDATED: Paris Court of Appeal weighs in on Russia-Ukraine BIT awards
  Nov 30, 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
• The Rusoro v Venezuela award: examining jurisdiction, time-bar and illegality allegations
  Aug 27, 2016
• The liability holdings in Rusoro v Venezuela: taking is unlawful; performance requirements obligation is breached; counter-claims not permitted
  Aug 27, 2016
• At damages phase in Rusoro v Venezuela gold mining case, arbitrators nix DCF, comparable companies and comparable transactions valuation methods
  Aug 27, 2016
• Billion dollar arbitral award rendered in claim brought by Rusoro Mining against Venezuela
  Aug 23, 2016
• In newly-released award, majority reads US treaty's tax exception provision as foreclosing FET claims; arbitrators consider overlap of jurisdiction with double taxation treaty
  Jul 26, 2016
• On merits, arbitrators disagree as to Poland's liability in relation to tax authorities' handling of tax audits and treatment of transfer pricing conduct
  Jul 26, 2016
• India liable for expropriation and unfair treatment in satellite dispute, but majority of tribunal says "essential security" defence scales back liability
  Jul 26, 2016
• Chair is chosen for Veolia's investment treaty arbitration against Lithuania
  Jul 18, 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
• 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
• An update on three investment treaty claims against Hungary
  Feb 24, 2016
• Bulgaria round-up: As two tribunals are constituted to hear claims against the state, authorities lock down arbitral award in a third case
  Feb 23, 2016
• Divided ICSID tribunal declines jurisdiction over 450 million (Euro) BIT claim brought by Spanish investor against Equatorial Guinea
  Feb 11, 2016
• UNCITRAL BIT tribunal denies a governmental bid for security for costs, rejecting Gavan Griffith’s view of third-party funded investors
  Jan 25, 2016
• More repeat arbitrators continue to emerge as tribunals are finalized in four more ICSID Cases against Spain
  Jan 25, 2016
• Investor offers views on legal significance of human rights arguments - and insists it has suffered unlawful expropriation - in latest pleading in Bolivian silver mine dispute
  Jan 20, 2016
• Battle over security for costs in third-party funded UNCITRAL BIT arbitration heats up
  Jan 20, 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
• ICSID renewables claims against Spain reach 23, along with some signs of repeat arbitrator appointments - but no common chairs as yet
  Nov 17, 2015
• $2.5 million security for costs order is requested by government, as well as disclosure of third-party funding arrangements in ongoing UNCITRAL mine dispute 
  Nov 05, 2015
• Poland claims round-up: at least a dozen investment treaty arbitrations
  Jul 29, 2015
• Russia prevails in investment treaty arbitration with German investor, Sana Consulting; Hans van Houtte chaired proceedings
  Jul 14, 2015
• Brigitte Stern's co-arbitrators weigh in with their verdict on a bid to remove her from Venezuela case
  Jun 15, 2015
• South American Silver lays out $385 million case against Bolivia; government counters that UK treaty should not protect "Canadian investment"
  Jun 14, 2015
• Bolivia alleges investor misconduct in silver mining claim, but tribunal deems it prudent to redact certain details so as to not exacerbate dispute
  Jun 14, 2015
• Investors eschew diplomatic niceties in bid to disqualify arbitrator- a tactic that carries great risk, but occasional reward
  May 12, 2015
• In-Depth: unpacking the damages calculations that led to $450,000,000 arbitral payday for Owens-Illinois
  Mar 19, 2015
• In-Depth: as $3 billion of ICSID arbitral debt piles up on Venezuela, arbitrators are seen to disagree on key factors affecting compensation
  Mar 16, 2015
• Venezuela hit with $450+ million award (incl. interest), arbitrators rule on lawfulness of expropriation, exchange controls and factory occupation
  Mar 12, 2015
• Venezuela Update: an arbitrator is challenged, and a new case is initiated
  Jan 20, 2015
• Intra-EU treaty claims controversy: new decisions and developments in claims brought by EU investors vs. Spain and Hungary
  Dec 24, 2014
• INVESTIGATION: latest developments in the six pending BIT arbitrations against India (and in other threatened disputes)
  Dec 11, 2014
• Canada sets out legal defence to U.S. pulp mill investor’s claims of discrimination in NAFTA arbitration
  Oct 19, 2014
• In Gold Reserve case, weight placed on Hugo Chavez's statements; Venezuela's heightened political risk premium should not reduce damages
  Sep 28, 2014
• After $112 million arbitration loss to Russian oil company, Ukraine looks to set-aside award
  Aug 27, 2014
• Arbitrators finalized for Dagher v. Sudan, African Petroleum v. Gambia, more Spain solar cases, and Rose Levy v. Peru annulment committee
  Aug 17, 2014
• As with earlier Argentine cases, avalanche of claims against Spain look set to be resolved by diversely-composed arbitral tribunals
  Jul 15, 2014
• Mercer International lays out its NAFTA discrimination arguments against Canada in pulp mill dispute
  Jun 03, 2014
• Argentina-Repsol settlement pact stipulates that ICSID won't be used for any future arbitrations
  Apr 30, 2014
• Investor's bid to disqualify former Argentine Attorney General from sitting on tribunal is rejected by PCA Secretary-General
  Apr 09, 2014
• Gov't bid to remove arbitrator Orrego Vicuna falls short in UNCITRAL BIT case, and elicited rebuke from challenged arbitrator as to nationality-based discrimination
  Apr 09, 2014
• UNCITRAL Arbitrations Update (Vietnam and Canada): Appointing authorities pick chairs in a pair of investment treaty claims
  Apr 09, 2014
• Arbitrators named for claim by Greek shareholders in Cypriot bank and for claim by French investor against Hungary
  Mar 19, 2014
• Arbitrators in South American Silver v. Bolivia (UNCITRAL) proceeding are revealed, and include former Argentine official
  Feb 05, 2014
• Full light is shed on the reasons for ICSID's rejection of Argentine efforts to remove arbitrators in Repsol case
  Dec 19, 2013
• Arbitrator's reaction to challenge becomes crucial evidence that leads to his removal in Burlingon v. Ecuador case; separate challenges rejected in Repsol v. Argentina case
  Dec 16, 2013
• Deutsche Telekom makes good on threat and sues India over satellite; Replacement arbitrator is named in CC/Devas case
  Oct 22, 2013
• Full details emerge of Argentina’s effort to disqualify Francisco Orrego Vicuna in Repsol arbitration
  Oct 17, 2013
• Grounds for Argentine challenge to von Wobeser in Repsol case are revealed, as Argentina says it does not want ICSID or the PCA to make the call
  Oct 17, 2013
• Repeat appointments by claimant’s law firm were at center of (rejected) challenge to arbitrator in Venezuela case, but less central in Repsol v. Argentina case
  Oct 17, 2013
• Francisco Orrego Vicuna is disqualified from sitting in India BIT arbitration due to appearance of having fixed view as to meaning of “essential security” standard
  Oct 09, 2013
• Poland update: government grappling with at least five treaty disputes; arbitrators rule on participation of counsel in ICSID case
  Aug 09, 2013
• Argentina Update: arbitrators finalized to hear Repsol’s claims for nationalization; Exxon claim proceeds to damages phase after liability ruling
  Jul 17, 2013
• Arbitrators reject Bolivian objection that Pan American's claims are manifestly without legal merit; effects of ICSID denunciation at issue in case
  Apr 30, 2013
• Tribunal in place to hear latest BIT claim against India; ICJ Judge was asked to pick Gov’t arbitrator after missed deadline, but India eventually complied
  Apr 11, 2013
• Battle is joined on second treaty-arbitration front in Israel-Egypt gas fight, as ad-hoc arbitral tribunal is chosen
  Feb 06, 2013
• Tribunal is put in place to hear expropriation claim lodged by Canadian gold miner Rusoro against Venezuela
  Jan 09, 2013
• In Ecuador arbitration, Francisco Orrego Vicuna takes broad view of umbrella clauses, and defends position taken in CMS v. Argentina case
  Jan 02, 2013
• Ecuador liable for expropriation after seizing oil-fields, but many other measures fall short of breaching treaty protections owed to Burlington
  Dec 21, 2012
• Majority of Kaufmann-Kohler and Stern reject claim that Ecuador’s windfall profits tax is an expropriation of Burlington’s investment
  Dec 21, 2012
• In lead-up to election, Republic of Georgia lost one investor arbitration, and settled another
  Nov 11, 2012
• UPDATED: ICSID tribunals constituted in gas, mining and electricity cases against Indonesia, Slovakia, Egypt and Peru
  Oct 22, 2012
• Tribunal selected to hear U.S. investor’s claim that Canada mistreated pulp mill investment
  Oct 12, 2012
• ICSID Tribunal Selections: Arbitrators picked for Hungary, Egypt and Equatorial Guinea disputes and Paraguay annulment proceeding
  Sep 06, 2012
• Profiling the arbitrators in the Owens Illinois v. Venezuela and Tulip Real Estate v. Turkey cases
  Apr 10, 2012
• ICSID Round-Up: Arbitrators announced for claims against Albania, Guinea, Peru and Turkey annulment case
  Mar 14, 2012
• 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
• Georgian authorities arrest foreign investor on eve of ICSID hearing and charge him with corruption; Israeli businessman and Greek partner release text of $90 Million arbitration verdict against Georgia
  Oct 15, 2010
• Another Argentine crisis award is annulled; ICSID committee strikes down $100+ Million verdict in favour of Enron Corporation
  Aug 02, 2010
• Tax exclusion clause in US-Ecuador BIT foils some claims by US energy company (Burlington Resources) hit by energy windfall levy; arbitrators will hear expropriation claim
  Jun 27, 2010
• Arbitrators analyze umbrella clause in US-Ecuador treaty, but split on their readings of an earlier tribunal ruling
  Jun 27, 2010
• Failure by oil corp to give Ecuador prior notice of treaty violations thwarts claims rooted in indigenous opposition to oil development
  Jun 27, 2010
• Government (of Canada) prevails in NAFTA Chapter 11 arbitration; claimant (Merrill & Ring) weighing options
  Apr 09, 2010
• Some arbitrators eschew counsel work but for various reasons
  Feb 25, 2010
• Majority of ICSID panel declines jurisdiction over ancillary claim in Georgian gas dispute
  Dec 21, 2009
• Telecom Italia subsidiary agrees to withdraw ICSID claim against Bolivia, but case to proceed under other auspices
  Oct 30, 2009
• Arbitrators selected in EVN v. Macedonia arbitration
  Oct 14, 2009
• Dominican Republic settles trio of electricity arbitrations
  Sep 19, 2009
• Another ICSID tribunal orders that Ecuador refrain from chasing foreign oil company for windfall tax payments
  Jul 17, 2009
• Majority sides with claimants in Siag and Vecchi case, and awards $74.5 Million for Egyptian seizure of resort land
  Jun 09, 2009
• Tribunal in Siag and Vecchi v. Egypt case splits on allegations of fraud or impropriety
  Jun 09, 2009
• Background on Sempra v. Argentina ICSID case
  Mar 17, 2009
• New US investor files BIT arbitration against Georgia; meanwhile, tribunal in Itera v. Georgia is chosen
  Dec 17, 2008
• Tribunal finalized in ETI v. Bolivia arbitration; case arose after Bolivia notified ICSID of withdrawal from Centre
  Oct 22, 2008
• UNCITRAL tribunal rules that electricity claim can proceed against Dominican Republic; parallel CAFTA claim also afoot
  Oct 09, 2008
• After much speculation, Bolivia appoints defence counsel and arbitrator in contentious ICSID telecoms arbitration
  Oct 01, 2008
• Bolivia prevails in court fights over funds with Telecom Italia subsidiary; arbitrator nominated by claimant in ICSID case
  Aug 26, 2008
• Divided ICSID tribunal declines jurisdiction over treaty claim by US investor against Democratic Republic of the Congo
  Aug 07, 2008
• Kyrgyz Republic settles BIT claim with UK miner, Oxus
  May 16, 2008