Jan Paulsson - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Jan Paulsson

• Relying on an expert report by Jan Paulsson, US-based miner argues that its claim against Canada is not undermined by changes to its corporate structure after the alleged breach took place
  Mar 17, 2021
• [Updated] Claimant challenges Denmark’s appointee in intra-EU case
  Mar 09, 2021
• Three are in place to hear first ever ICSID claim against Denmark
  Mar 04, 2021
• Analysis: Unpacking the reasons why a US court denied Turkey’s renewed §1782 application in support of a treaty-based arbitration
  Jul 24, 2020
• ICSID tribunal allows claims by Slovenian electricity company against Bosnia and Herzegovina to proceed
  May 20, 2020
• China faces new investment arbitration, with a tribunal already in place
  May 17, 2020
• ICSID tribunal finds Niko Resources liable for blowout of gas field in Bangladesh dispute
  May 04, 2020
• ICSID tribunal confirms its “receptivity” to consider evidence obtained through US court proceedings
  Mar 31, 2020
• ANALYSIS: In Lidercon v. Peru, tribunal finds that exclusivity of concession contract was not impervious to legislative changes, and rejects the claims on the merits
  Mar 11, 2020
• Peru defeats BIT claim by Spanish investor
  Mar 08, 2020
• Egypt reportedly prevails in latest arbitration by cotton industry investors
  Mar 01, 2020
• ICSID tribunal rejects request to revise award in light of the ECJ’s Achmea judgment
  Feb 26, 2020
• Turkey round-up: an update on developments in the Ipek, Cascade and Westwater Resources BIT arbitrations
  Feb 03, 2020
• UNCITRAL tribunal rules in favor of investor in Philippines water arbitration
  Dec 05, 2019
• Peru-round up: tribunals revealed in two under-the-radar UNCITRAL arbitrations, as hearings loom in third case
  Oct 18, 2019
• Philippines arbitration round-up: Chevron files BIT claim, as we review seven other arbitrations against the state and its instrumentalities
  Oct 04, 2019
• Looking Back: In Lucchetti v. Peru, arbitrators declined jurisdiction ratione temporis, side-stepping Peru’s allegations of corruption; majority of ICSID ad hoc committee denied request for annulment
  Sep 19, 2019
• In new Doutremepuich v. Mauritius award, claimants fail at jurisdictional stage in case, as BIT tribunal finds that MFN clause cannot import consent to arbitrate
  Sep 15, 2019
• Tribunal of Malek, Alexandrov, and Paulsson selected for Ukrainian mining investors' BIT arbitration against North Macedonia
  Sep 13, 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
• Award surfaces from ICC arbitration chaired by Jan Paulsson, with tribunal declining jurisdiction due to state-contract having been signed by official who lacked authority
  Jun 16, 2019
• Web-streamed hearings kick off this week as French investors try to persuade tribunal to use MFN to import an investor-state provision into a treaty that lacks such a clause
  Jun 10, 2019
• Looking Back: In Desert Line v. Yemen, ICSID tribunal confirms the power to award moral damages, and also canvases questions of investment acceptance and admission 
  Apr 16, 2019
• Looking Back (1 of 3): Tribunal in Klockner v. Cameroon finds that imperfect contractual performance by investor justifies state’s decision to withhold its own performance
  Mar 19, 2019
• Looking Back (2 of 3): Committee in Klockner v. Cameroon annuls award based on unsubstantiated “basic principle” of governing law
  Mar 19, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• Looking Back: LETCO Timber company prevailed against Liberia, and arbitrators considered issues of foreign control, specific performance and bad faith by non-appearing respondent
  Jan 02, 2019
• New pleadings reveal that French investor seeks to overcome investment treaty's lack of an arbitral consent clause, by relying on most-favoured nation clause
  Oct 17, 2018
• Looking Back: In World Duty Free v. Kenya, arbitrators refused to enforce a government contract procured through bribery
  Sep 09, 2018
• Maxi Scherer selected by parties to chair UNCITRAL BIT arbitration brought by French investor
  Sep 09, 2018
• Three Crowns lawyers step down from serving on arbitral panels that are charged with looking at implications of Achmea decision
  Aug 08, 2018
• Three are named to hear claim by newspaper distributor that was seized by Turkish officials
  Jul 09, 2018
• UNCITRAL tribunal orders Korea to pay $68 million to Iranian investor for BIT breach
  Jun 07, 2018
• Hungary turns to annulment after Mayer-chaired tribunal held it liable for BIT breach
  Apr 02, 2018
• Looking Back: In GAMI v. Mexico NAFTA award, arbitrators upheld jurisdiction over a minority shareholder’s action, but dismissed claims for maladministration and expropriation
  Jan 30, 2018
• Looking Back: In Generation Ukraine case, a failure to challenge actions of low-level officials before local courts undercuts BIT claim; tribunal wrestles with one of the first denial of benefits attempts, and many jurisdictional objections
  Jan 18, 2018
• Kaplan-Paulsson-Barbic award surfaces, illuminating why tribunal rejected Croatia's allegation that favourable outcomes were procured through bribery of Prime Minister
  Nov 07, 2017
• Croatia, citing belated doubts over the impartiality of arbitrator it appointed, fails to set aside adverse UNCITRAL award against Hungarian state-owned investor
  Oct 30, 2017
• Looking Back: In pioneering Azinian v. Mexico award, NAFTA tribunal dismissed claim on its merits, chastised claimants for investor misconduct and offered early analysis of the denial of justice standard
  Sep 06, 2017
• Asia round-up: China and Vietnam face new BIT claims - by Hela Schwarz GmbH and Trinh Vinh Binh respectively - as proceedings against Korea and Indonesia move forward
  Jun 22, 2017
• Balkans round-up: New claims, new tribunals and new developments in Serbia, Bosnia, and Croatia
  May 24, 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
• BIT award against Kyrgyzstan is annulled in Paris, with Court giving weight to money-laundering allegations that had earlier failed to persuade arbitrators
  Feb 23, 2017
• UNCITRAL tribunal rejects Croatia's contention that bribery underlay key contracts; parallel Energy Charter Treaty claim remains ongoing at ICSID
  Jan 02, 2017
• 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
• 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
• ICSID tribunal orders state-owned companies to work to get local court injunction lifted
  Jul 20, 2016
• The Philip Morris v. Uruguay award on the merits: part three of our three part analysis, focusing on the denial of justice claims
  Jul 10, 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
• In a new award, Transglobal v. Panama, arbitrators dismiss a US BIT claim due to abuse of process
  Jun 06, 2016
• Before dismissing BIT claim against Panama last week, arbitrators had weighed costs-shifting and timeliness of Article 41(5) preliminary objections
  Jun 05, 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
• Law firm ties of ICSID arbitrators spur recent resignations from tribunals
  Mar 09, 2016
• In-Depth: Turkmenistan fails in bid to have arbitral award annulled due to tribunal's alleged use of subjective "equitable principles" to decide certain issues
  Jan 27, 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
• In newly-unearthed award, gov't fails to prove money-laundering allegations; and arbitrators see BIT breach in protracted administration of bank
  Dec 07, 2015
• Arbitrators see no "rational connection" between policy ends and means, and also look at lack of "practicable means" of local judicial recourse
  Dec 07, 2015
• Damages news: price to book methodology used in Belokon v. Kyrgyzstan case to value seized bank; arbitrators demur in face of demands for more unorthodox forms of relief
  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
• ANALYSIS: Existence of investment, attribution and proportionality likely to feature in Iranian claimants’ newly-filed arbitration against Korea
  Sep 20, 2015
• Tribunals constituted at ICSID in cases against Bosnia-Herzegovina and Yemen
  Jul 22, 2015
• Burundi oil supplies dispute has a tribunal in place
  Jul 03, 2015
• Honduras highway arbitration is settled by parties, prior to annulment decision
  Apr 22, 2015
• Balkans Round-Up: updates on investment claims against Croatia, Serbia, and Albania
  Feb 04, 2015
• Panama claims update: Govt is sued over asphalt venture, as a second ICSID arbitration gets rolling, and costs-collection pursued in third case
  Dec 30, 2014
• As Jan Paulsson moves from expert to counsel role in Chevron v. Ecuador arbitration, parties continue to debate his views on denial of justice
  Dec 29, 2014
• Croatia fails in bid to argue that umbrella clause carve-out should knock out claim; UNCITRAL tribunal finalized in separate case
  Dec 03, 2014
• Ecuador fails to disqualify arbitrators in Chevron BIT case; merits hearings loom in April, as deliberations remain ongoing on earlier issues
  Nov 26, 2014
• After challenges to Paulsson and Hober fail, tribunal issues $15 million BIT award in UNCITRAL bank expropriation case
  Oct 28, 2014
• In Petrobangla case, local injunction issued before contract can't excuse non-payment for gas under that contract
  Sep 23, 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
• Arbitrators hold Turkmenistan liable for breach of international treaty for posing Godfather-style offers 'that can't be refused' to German investor
  Aug 19, 2014
• Damages awarded in Turkmenistan case but sharply curtailed in some respects due to investor's failure to document business dealings in sufficient detail
  Aug 19, 2014
• In new ruling, contingency fees can be reimbursed - including slice of award owed to lawyers - but liability to third-party funder not reimbursed
  Aug 19, 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
• Amidst concerns about prompt payment of arbitral awards, stays of enforcement are lifted in two ICSID cases
  Apr 01, 2014
• Jan Paulsson is tapped to chair Energy Charter Treaty arbitration claim proceeding under UNCITRAL rules
  Feb 25, 2014
• Tribunals named for Transglobal v. Panama, Spentex v. Uzbekistan and Federal Elektrik v. Uzbekistan arbitrations
  Feb 23, 2014
• Fast-track dismissal is possible in annulment context, but Honduras' challenge to ICSID award will continue, and with conditional stay
  Jan 12, 2014
• Disputes Round-up: New claims against Hungary and Nigeria land at ICSID, as investors put Belarus and Cyprus on notice of treaty disputes
  Sep 10, 2013
• 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
• Panelists named in Honduras and Macedonia disputes at ICSID
  May 30, 2013
• Tribunals selected for UNCITRAL claims against Kyrgyzstan and Ecuador
  Aug 19, 2012
• European Court of Human Rights rejects claims of expropriation by shareholders in nationalised bank
  Aug 19, 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
• Lost amidst flurry of claims by Turkish investors against Turkmenistan, a German investor’s claims quietly move forward
  Jun 11, 2012
• As Chevron finally plays the ‘denial of justice’ card in Ecuador dispute, arbitrators call for fast-tracking of some issues
  Apr 19, 2012
• Jan Paulsson weighs into Chevron v. Ecuador arbitration with expert opinion on denial of justice
  Apr 19, 2012
• ANALYSIS: Arbitrators touch on simmering debate as to relevance of a state’s development-status when assessing claims for treaty breach
  Mar 04, 2012
• Majority sets out its damages analysis of U.S. investor’s claim against Ukraine arising out of thwarted radio broadcasting investments
  Mar 30, 2011
• Arbitral Tribunal orders Ukraine to pay 8.7 Million USD to U.S. investor for breach of bilateral investment treaty
  Mar 28, 2011
• Tribunals picked in Bangladesh, Kazakhstan and Venezuela disputes
  Jan 13, 2011
• Mongolia mining arbitrations proliferate; one of three known treaty claims could see debate as to scope for arbitration under Communist-style investment treaty
  Jun 27, 2010
• Ukraine broadcasting award canvases treaty interpretation, review of regulatory agencies, and media policy
  Feb 09, 2010
• Ukraine in breach of bilateral investment treaty; US radio sector investor suffers unfair treatment
  Jan 27, 2010
• Tribunal declines to remove counsel in ICSID case against Romania; two earlier cases saw similar dilemma
  Jan 16, 2010
• Tribunals convened in ICSID cases involving Turkmenistan, Ukraine and Venezuela
  Dec 21, 2009
• Not for the first time, ICSID panelists split on whether a colleague should be recused; Chairman of ICSID Council rules that arbitrator shall stay in Gabon case
  Dec 21, 2009
• Gabon challenges arbitrator on basis of his chairing previous arbitration
  Sep 02, 2009
• ICSID arbitrator Jan Paulsson rejects treaty claims of Pantechniki arising in aftermath of upheaval in Albania
  Aug 06, 2009
• Divided ICSID panel offers sharply divergent interpretations of treaty concluded by Slovenia and Croatia
  Jun 29, 2009
• ANALYSIS: Does independence of judgment demand dissents in some cases?
  Jun 29, 2009
• Tribunals constituted in ICSID claims: PIP Sarl v. Gabon, Millicom International v. Senegal, and Karmer Marble v. Georgia
  Jun 29, 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
• Russian Federation seeks to overturn jurisdictional award in Yukos shareholder claim; merits phase continues
  Jan 22, 2009
• Barrister may not appear as counsel for state in arbitration where another member of chambers sits on tribunal
  Nov 25, 2008
• ICSID arbitrators reject challenge to third member of tribunal in Lemire v. Ukraine arbitration
  Oct 01, 2008