J. William Rowley - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT J. William Rowley

• Eni v. Nigeria tribunal grants request for amicus participation, limits submission to factual corruption-related issues, and gives access to index of exhibits; decision is published as an exception to otherwise confidential proceedings
  Mar 08, 2023
• Tribunal hearing oil and gas company’s claim against Nigeria is reconstituted for the second time
  Jan 23, 2023
• Three are in place to hear renewable energy claim against Turkey
  Oct 18, 2022
• Tribunal majority hearing under-the-radar treaty case discontinues arbitration with prejudice after claimant fails to post security for costs; William Rowley dissents
  Oct 13, 2022
• India challenges replacement arbitrator in BIT arbitration, following the state’s earlier successful bid to disqualify the claimant’s previous appointee
  Sep 06, 2022
• ICSID tribunal rules on costs for preliminary phase while a ruling on the merits remains pending
  Aug 25, 2022
• Reasons surface for ICSID tribunal’s decision to recommend some (but reject other) provisional measures in Georgia telecoms dispute
  Aug 22, 2022
• Renewable energy arbitration against Albania is discontinued
  Aug 12, 2022
• ICSID tribunal orders provisional measures in telecoms case
  Jun 20, 2022
• ICSID tribunal finds that pre-ISDS inter-state negotiation requirement is jurisdictional in nature, but merely entails notification obligation for the claimant
  Jun 18, 2022
• UNCITRAL tribunal dismisses under-the-radar treaty claim against India
  May 19, 2022
• Analysis: Tribunal hearing second-wave Yukos Capital arbitration awards damages for expropriation of loan to Yukos Oil; both wing arbitrators dissent, opining that the award resulted in an “unjust enrichment” of a party
  Mar 30, 2022
• 5 billion USD award against Russia surfaces, revealing that arbitrators disagreed on discount for contributory fault and amount of damages
  Mar 25, 2022
• ICSID tribunal hearing claims against Nigeria is reconstituted, following the resignation of the claimant’s initial appointee
  Jan 17, 2022
• An ICSID tribunal is in place to hear billion-dollar mining claim against Turkey
  Dec 05, 2021
• Analysis: Second-wave Yukos tribunal takes a new look at ECT provisional application and upholds jurisdiction over intra-group loans; Stern dissents on both counts
  Nov 03, 2021
• 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
• John Beechey is tapped to chair solar claim against Albania
  Sep 10, 2021
• Details surface regarding provisional measures request in Georgia telecoms arbitration
  Aug 10, 2021
• Breaking: Claimant in second-wave Yukos case against Russia announces $5 billion victory
  Jul 28, 2021
• Looking Back: Ad hoc committee in AES v. Hungary set high threshold for manifest excess of powers and failure to state reasons, found no fault with the arbitrators’ treatment of EU law arguments, and dismissed the claimants’ annulment bid
  Jul 23, 2021
• Claimants in aviation dispute with Lebanon file for annulment of ICSID award
  May 21, 2021
• ICSID tribunal bifurcates objection that BIT contains mandatory inter-state negotiation period as a precondition to investor-state claims
  Apr 08, 2021
• Renewed settlement leads to discontinuation of $2+ billion Egyptian gas case
  Mar 14, 2021
• Three are in place to hear telecoms claim against Georgia
  Feb 19, 2021
• Beechey-chaired tribunal orders Ghana to compensate energy producer for wrongful contractual repudiation
  Feb 18, 2021
• Analysis: El-Jaouni v. Lebanon tribunal declines jurisdiction over domestic claimant in light of BIT definition of “investment”; FET breach results in “tiny fraction” of sums sought, as claimant can’t prove preferred but-for scenario
  Jan 22, 2021
• ICSID arbitration against Lebanon concludes with award on quantum
  Jan 15, 2021
• Egypt settles dispute over LNG plant, thus drawing line under $2+ billion Union Fenosa arbitration
  Feb 28, 2020
• Libya wins one and loses one, as new bilateral investment treaty awards are rendered
  Feb 18, 2020
• Mobil and Canada reach settlement of treaty-based oil field development dispute
  Feb 05, 2020
• $2+ billion Egypt award is cleared to be enforced, after ICSID ad hoc committee lifts stay of enforcement
  Jan 28, 2020
• Arbitrator updates: challenge to Gabriel Bottini is rejected; Hanotiau tapped to chair Serbia dispute; Rigo Sureda and Siqueiros step in as replacements
  Oct 30, 2019
• ICC award that had declined jurisdiction over Libya survives investors' annulment bid
  Oct 09, 2019
• Looking Back: In Soufraki v. UAE, Fortier-chaired tribunal makes its own inquiry into the claimant’s professed nationality; at annulment stage, committee members diverged on fate of award
  Jul 16, 2019
• Libya Round-up: new investment treaty claims, new rulings, and updates on arbitrator appointments
  May 23, 2019
• Arbitrators decide that principle of res judicata (and a seemingly unhelpful prior arbitral ruling) do not bar investor from making new claim for 20+ years of future damages
  Dec 30, 2018
• ICC tribunal weighs in with $40+ million award arising out of Tekfen and TML investment project in Libya
  Nov 06, 2018
• Union Fenosa v. Egypt: in now-surfaced award, tribunal dismisses necessity defence and sees no abuse in investor pursuit of multiple arbitrations
  Oct 22, 2018
• Analysis: tribunal fractures on whether corruption was at root of foreign investor's hiring of local agent who enjoyed “influence” over key government officials
  Oct 22, 2018
• ICSID tribunals hearing separate Egyptian gas cases adopt diverging holdings on attribution question and on BIT-compatibility of revocation of tax-free status
  Oct 22, 2018
• In latest investment treaty tribunal ruling on security for costs, arbitrators reject a request, refuse to order disclosure of funding details and are silent on power to order security in relation to already-incurred costs
  Oct 15, 2018
• An update on eight investment arbitration claims against Canada
  Sep 20, 2018
• Tribunal of Veeder, Rowley and Clodfelter diverge with respect to key holdings in recent award
  Sep 13, 2018
• Arbitrators hold Egypt liable for more than $2 billion as a result of unfair treatment of gas plant investors
  Sep 03, 2018
• In-depth: Mobil v. Canada jurisdictional decision reveals NAFTA tribunal's reasoning on res judicata, continuing breach, and obligation to repeal infringing measures
  Aug 01, 2018
• Arbitrators affirm jurisdiction over Exxon-Mobil's new attempt to seek compensation under NAFTA investment chapter
  Jul 17, 2018
• Mobil v. Canada pleadings raise complex questions of res judicata, relations between NAFTA time-bar and continuing breach, and relevance of NAFTA non-disputing party submissions
  May 10, 2018
• Post-hearing briefs in Mobil v. Canada consider whether NAFTA states have obligations to perform NAFTA in good faith and to repeal infringing measures
  May 10, 2018
• India round-up: updates on five pending investment treaty arbitrations, including rulings (on liability in Deutsche Telekom case), tribunals and anti-suit injunctions
  Mar 21, 2018
• 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
• Russia turns to Canadian and Swiss courts, seeking to set aside a pair of Yukos "second-wave" Energy Charter rulings - but Swiss bid is deemed premature
  Aug 10, 2017
• As Libya begins to see wave of investment treaty arbitrations, at least seven Turkish BIT claims are pursued at ICC
  Mar 31, 2017
• Investigation: As new cases emerge under Islamic investment treaty, initial viability of claims seems to hinge on willingness of respondents to appoint arbitrators
  Mar 02, 2017
• In second-wave Yukos arbitration, McLachlan and Rowley see Russia as provisionally bound by Energy Charter Treaty
  Feb 16, 2017
• Long-unpublished award against Republic of Georgia from Ares International case finds FET breach following bad faith negotiations, but frowns on broad notions of judicial expropriation
  May 16, 2016
• ANALYSIS: As domestic courts second-guess arbitral verdicts in past Yukos cases, three more tribunals are currently assessing whether they have jurisdiction over Russia under ECT
  Apr 25, 2016
• Updates on the Lone Pine v. Canada (fracking) and Mobil v. Canada (R&D requirements) NAFTA Chapter 11 arbitrations
  Dec 16, 2015
• Tribunals constituted in ICSID cases against Uzbekistan, Croatia, Lebanon and East Timor, while replacement is named for Venezuela case following arbitrator resignation
  Aug 10, 2015
• INVESTIGATION: as Yukos enforcement grabs headlines, Russia has faced at least 10 new treaty arbitrations since 2012, with others threatened
  Jul 14, 2015
• Arbitrators finalized in three proceedings: Bear Creek v. Peru, Krederi v. Ukraine and Unión Fenosa Gas, S.A. v. Egypt
  Dec 10, 2014
• Split between arbitrators on res judicata issue comes into focus as award is released from NAFTA pharmaceutical arbitration
  Oct 15, 2014
• Arbitrators see less favourable treatment of Canadian pharma facilities, but accept US explanation; "effective means" legal obligation also scrutinized
  Oct 15, 2014
• ANALYSIS: Tribunal's disagreement as to seat of arbitration highlights tension over treaty-parties' scope to sway their own courts on treaty interpretation
  Oct 15, 2014
• United States wins second straight arbitration with Apotex pharma company; majority finds that earlier NAFTA award is res judicata
  Aug 27, 2014
• Arbitrators selected in ICSID claims brought by Tullow Oil against Uganda
  Jun 30, 2014
• As hearings kick off in Apotex v USA arbitration, new pleadings show continued sparring over Canadian drug companies' claim to own NAFTA-protected investments
  Nov 18, 2013
• Caribbean Court of Justice set out its views on enforcement of foreign arbitral awards in region
  Jul 31, 2013
• Claimant’s failure to pursue local remedies for 12 months derails $300 million claim against Turkmenistan; use of local courts not proven to be futile
  Jul 05, 2013
• Arbitrators rule that investor can’t use MFN clause to detour around “local courts” recourse spelled out in Turkmenistan investment treaty
  Jul 05, 2013
• Apotex Inc., fails to prove that it had an “investment” in U.S. territory entitled to NAFTA Chapter 11 protection
  Jul 02, 2013
• LCIA award at center of Caribbean Court proceedings had deemed tax waivers to be valid despite their having been kept out of public eye
  Apr 30, 2013
• Tribunal nixes requests by Canadian arbitration lawyer and an unrelated NGO to intervene as amicus curiae in Apotex v. USA NAFTA arbitration
  Mar 19, 2013
• Tribunal rules on U.S. Government’s request to bifurcate NAFTA Chapter 11 arbitration proceedings
  Feb 06, 2013
• Jurisdictional disagreements are laid bare in NAFTA arbitration; Apotex production facilities located outside the United States figure prominently
  Jan 29, 2013
• Parties to Apotex v. U.S.A. NAFTA arbitration spar over meaning of legal protections including "effective means" and non-discrimination obligations
  Jan 29, 2013
• Venezuela Claims Round-up: Nine new investor-state arbitrations registered in the months preceding ICSID withdrawal
  Sep 02, 2012
• Tribunal chosen to resolve pharma claims against U.S.A., and to rule whether MFN clause imports other obligations into NAFTA
  Jun 14, 2012
• Investor argues against dismissal of claims against Turkmenistan after ICSID tribunal rules that treaty imposes ‘local courts first’ requirement
  May 25, 2012
• New ICSID Claims: Gas investors file against new Slovak Gov't; more claims for Equatorial Guinea and Turkmenistan
  Apr 10, 2012
• As United States is hit with another arbitration claim, pharma companies are growing creative in their use of investment treaties
  Mar 13, 2012
• ANALYSIS: White v India award engages with definition of investment and state’s obligation to “promote”
  Mar 04, 2012
• India is held liable for investment treaty breach due to protracted judicial delays suffered by foreign investor
  Feb 07, 2012
• India sued by foreign investor for investment treaty breach; complaint stems from willingness of Indian courts to consider set-aside of an earlier commercial arbitration ruling
  Jul 07, 2011
• ICSID will hear challenges to two Venezuela arbitrators simultaneously; meanwhile another Venezuela dispute is suspended as arbitrator is challenged
  Feb 01, 2011
• Challenge to popular arbitrator Brigitte Stern is rejected; colleagues see no grounds for disqualification due to multiple appointments by Venezuela and non-disclosure
  Jan 04, 2011
• Tribunal nixes treaty claim against Grenada on expedited basis; arbitrators deem it “impermissible” to pursue claim that re-litigates matters resolved in earlier contract case
  Dec 13, 2010
• One challenge to oft-appointed arbitrator Prof. Brigitte Stern is rejected (in Slovak case), but others arise
  Nov 25, 2010
• Hungary prevails in first of three Energy Charter Treaty (ECT) arbitrations over power pricing disputes; arbitrators affirm that “politics” is not a dirty word
  Sep 28, 2010
• ANALYSIS: ECT’s stability clause does not immunize foreign investors from legal changes in Hungary; arbitrators see no clash between ECT and Hungary’s EU law obligations
  Sep 28, 2010
• ICSID Docket Round-Up: New Claim against Venezuela; Tribunals appointed in Mexico and Grenada cases; Cases against Yemen and Romania are discontinued
  Aug 28, 2010
• Government (of Canada) prevails in NAFTA Chapter 11 arbitration; claimant (Merrill & Ring) weighing options
  Apr 09, 2010
• Claimant thwarted at ICSID pursues contract-based arbitration at Dubai International Arbitration Center
  Jan 22, 2009
• Peru prevails in arbitration over contractual stability agreement; Gov't moves to annul earlier Duke award
  Dec 17, 2008