Jan Paulsson - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Jan Paulsson
- 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