Jan Paulsson - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Jan Paulsson

• Analysis: Tribunal hearing Bulgarian ECT case finds that notice of intent contains consent for arbitration and constitutes critical final date for application of ICSID Rules - differentiating Benabderrahmane v. Qatar
  Sep 28, 2023
• [Updated with a copy of the Decision] ECT tribunal dismisses objection under 2006 ICSID Rule 41(5), finding that claim by investor’s heirs does not manifestly lack legal merit
  Jul 26, 2023
• Looking Back: In Lemire v. Ukraine (2), ICSID tribunal grappled with jurisdiction under settlement agreement recorded in an award, differences between FET and MST, discriminatory and arbitrary measures, moral damages, and much more
  May 31, 2023
• Three are in place to hear intra-EU ECT arbitration against Bulgaria
  May 05, 2023
• ICSID tribunal hearing claim against the USA is reconstituted, following disqualification of the respondent’s initial appointee
  Jan 25, 2023
• ICSID Chair disqualifies former US government official from hearing claims under the Ukraine-USA BIT
  Dec 21, 2022
• Ukrainian-owned claimants challenge USA’s appointee in treaty arbitration
  Jul 18, 2022
• Monica Pinto is tapped to chair treaty arbitration brought by Ukrainian oligarchs against the USA
  Jul 06, 2022
• Ukrainian oligarchs to lodge third treaty claim against the US
  May 23, 2022
• SCC tribunal is in place to hear recently-uncovered ECT claim against Albania
  May 03, 2022
• Analysis: ICSID Chair declines to disqualify Stanimir Alexandrov on account of his professional relationship with expert involved in Ukraine case
  Apr 19, 2022
• Stanimir Alexandrov survives challenge in arbitration against Ukraine
  Apr 18, 2022
• Bangladeshi state-owned entities file for annulment of contract-based award in multi-faceted gas dispute
  Feb 04, 2022
• Ukraine challenges Stanimir Alexandrov in high-stakes energy arbitration
  Jan 28, 2022
• Croatia announces that it will ask for review of 2016 UNCITRAL award in light of recent court decision
  Dec 30, 2021
• ICSID Secretary-General discontinues intra-EU case against Denmark
  Nov 22, 2021
• (Updated) Cascade v. Turkey tribunal expresses concern about the state’s treatment of opposition media, but it ultimately declines jurisdiction after finding that the investor engaged in an abuse of process
  Oct 18, 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
• Turkey prevails on jurisdiction in media arbitration arising out of failed 2016 coup
  Sep 22, 2021
• Jan Paulsson resigns from ICSID tribunal after being challenged over parallel appointments
  Aug 31, 2021
• Tribunal chair resigns over role as counsel in another intra-EU case; parties seek negotiated settlement under Termination Agreement
  Aug 24, 2021
• Jan Paulsson faces arbitrator challenge in third Niko v. Bangladesh arbitration
  Jul 28, 2021
• Wendy Miles is tapped to chair mining arbitration against Bangladesh
  Jul 23, 2021
• Jan Paulsson is tapped to chair high-stakes energy arbitration against Ukraine
  Jun 30, 2021
• 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