Philippe Sands - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Philippe Sands

• Looking Back: At jurisdictional stage, BIVAC v. Paraguay tribunal saw no prima facie expropriation; umbrella clause claim was deemed to be inadmissible due to forum selection clause
  Apr 10, 2023
• Revealed: In Komaksavia v. Moldova, non-ICSID tribunal applies objective definition of the term ‘investment’, and declines jurisdiction over airport concessionaire’s BIT claims due to a lack of contribution and absence of action of investing
  Dec 28, 2022
• Gabrielle Kaufmann-Kohler is tapped to chair pharmaceutical claim against Iraq
  Oct 25, 2022
• ECT tribunal dismisses security for costs application by the EU in arbitration dispute with Russian-backed Nord Stream 2
  Sep 20, 2022
• Analysis: After scoring a pyrrhic victory against Mexico, claimant fails to secure additional award
  Aug 29, 2022
• Moldova defeats 900 million EUR investment treaty arbitration that had spawned two separate emergency arbitrator awards
  Aug 04, 2022
• UNCITRAL tribunal extends suspension of Nord Stream 2 v. EU arbitration
  Jul 21, 2022
• Analysis: POSH v. Mexico tribunal finds that most of the impugned measures do not bear a sufficient relation to investor and that higher standard for judicial expropriation is not met, awarding only a fraction of the damages sought; Reisman dissents
  May 12, 2022
• Simma-chaired renewables arbitration concludes with an award, as majority holds that Spain violated the investor’s legitimate expectation of “Relative Stability”; dissenter sees no treaty breach
  May 09, 2022
• Tribunal majority rejects request for amicus participation; Philippe Sands dissents, pointing to need to address concerns about legitimacy of ISDS regime
  Feb 10, 2022
• Gabrielle Kaufmann-Kohler is tapped to chair oil & gas arbitration against Slovakia
  Jan 31, 2022
• Two treaty arbitrations arising out of the downfall of Mexico’s Oceanografía conclude, one with an award, while the other one is discontinued
  Jan 12, 2022
• [Updated] Poland Round-Up: Adoption of media law could give rise to treaty arbitration, a helicopter dispute is settled, and a tribunal is reconstituted
  Dec 23, 2021
• In NAFTA mining case, the United States and Canada express their opinions on national treatment, the minimum standard of treatment, expropriation, and the distinction between direct and reflective losses
  Nov 09, 2021
• Arbitrator is disqualified from Poland bilateral investment treaty arbitration
  Nov 08, 2021
• Analysis: Arbitrators in Eco Oro v. Colombia environmental mining ban dispute disagree on police powers and scope of minimum standard of treatment in Canada-Colombia FTA; majority finds MST breach, and decides that general exceptions do not relieve Colombia from its duty to pay compensation
  Sep 16, 2021
• Colombian high-altitude mining arbitration proceeds to the next stage, with a divided tribunal upholding FET claim, dismissing expropriation claim, and inviting further submissions on damages
  Sep 10, 2021
• Updated: NAFTA tribunal dismisses request for interim measures, finding allegations of witness intimidation to be insufficiently substantiated
  Sep 07, 2021
• In confidential ruling, Greece is ordered to pay millions to Cypriot bank that suffered discriminatory treatment during 2010 financial crisis bail-out, but state defeats bulk of claims
  Aug 17, 2021
• ICSID tribunal declines request for early resolution of bankruptcy-related claims; Turkmenistan’s jurisdictional objections are also joined to the merits
  May 07, 2021
• Alexis Mourre is tapped to chair gold mining arbitration against Papua New Guinea; respondent declines to make appointments
  Mar 22, 2021
• Cement plant owners file for partial annulment of ICSID award
  Mar 08, 2021
• Tribunal declines to bifurcate Nord Stream 2 v. EU arbitration
  Jan 14, 2021
• In newly-uncovered ruling, annulment committee opts to lift stay of enforcement, seeing risk that state will not honour the award if annulment fails
  Dec 22, 2020
• Revealed: Arbitrators in Egyptian cement dispute unanimously find that lengthy court proceedings amount to a failure to provide effective means, but tribunal majority awards no damages
  Dec 11, 2020
• Nord Stream argues that bifurcation of the EU’s jurisdictional objections is unwarranted; dismissal of challenge to the EU’s natural gas directive may give rise to denial of justice claim
  Nov 03, 2020
• Tribunal in Egyptian cement dispute declines to award damages under the Egypt-Spain BIT; Charles Brower dissents
  Nov 02, 2020
• Jurisdictional objections in Nord Stream 2 v. EU arbitration surface as the respondent argues for bifurcated proceedings
  Oct 05, 2020
• ICSID tribunal denies Colombia’s request for bifurcation of jurisdictional objections in high-altitude mining dispute
  Aug 12, 2020
• Chisinau airport dispute gives rise to a second SCC emergency decision; three are in place to hear the main arbitration claim
  Aug 04, 2020
• Majority in Unionmatex v. Turkmenistan agrees to rescind security for costs order
  Jun 26, 2020
• Revealed: In Griffin Group v. Poland, Kaufmann-Kohler-chaired tribunal rejects Poland’s intra-EU objection, but the investor's expropriation and FET claims fail on the merits
  Jun 22, 2020
• Mexico round-up: an update on treaty-based disputes against the state
  Jun 03, 2020
• Nord Stream 2 v. European Union arbitration record surfaces, shedding light on the parties’ early cases, first procedural decisions on seat and transparency, and reasons behind successful challenge to Peter Rees
  May 26, 2020
• EU court dismisses Nord Stream’s challenge against natural gas directive, and orders that confidential documents be removed from the case file
  May 22, 2020
• Balkans Round-Up: An update on disputes against Albania, Bosnia, Greece, North Macedonia and Romania
  May 15, 2020
• Poland prevails in treaty-based dispute over historic military barracks in the city of Warsaw
  May 01, 2020
• Canada offers its views on environmental regulations and public policy exceptions under the Canada-Colombia FTA
  May 01, 2020
• Arbitrators comings and goings: a new tribunal, two replacements, and a new ad hoc committee
  Apr 05, 2020
• Spain files for annulment of €29 million OperaFund award
  Mar 03, 2020
• Colombia round-up: An update on 12 treaty-based disputes against the state
  Feb 28, 2020
• BIT claim against Ukraine is allowed to proceed, but one of the claimants - the Republic of Tatarstan - fails to clear jurisdictional hurdle
  Feb 18, 2020
• Uzbekistan files for annulment of Gunes Tekstil award
  Feb 12, 2020
• Balkans round-up: Slovenian and Macedonian cases are discontinued, Bulgaria case moves to the merits, and awards loom in a quartet of other cases in the region
  Feb 03, 2020
• [UPDATED WITH NEW DOCUMENT] In a rare ruling, arbitrators order funder-backed claimant to post financial security for costs
  Jan 30, 2020
• Hearings set to kick off in closely-watched Eco Oro v. Colombia mining arbitration
  Dec 30, 2019
• Arbitrators decline Colombia’s request to dismiss ICSID mining case
  Dec 18, 2019
• Turkish investor, Gunes Tekstil, prevails against Uzbekistan in investment treaty arbitration
  Nov 25, 2019
• UPDATED: Claimants ask for (and receive) rectification of Spanish renewables award in order to correct perceived error in currency used for damages
  Oct 17, 2019
• Parties in Mexican offshore marine services dispute debate whether or not measures taken against the claimant’s (unrelated) local partner can give rise to a claim under the Mexico-Singapore BIT
  Oct 04, 2019
• Analysis: In OperaFund v. Spain award, reasons emerge for split amongst arbitrators as to “express stability commitment” in Spanish renewables regime
  Sep 27, 2019
• In split ruling in OperaFund and Schwab Holding v. Spain case, Boeckstiegel and Reinisch hold Spain liable for breaking stability commitment to solar investors, but Phillipe Sands dissents
  Sep 11, 2019
• Colombia round-up: Newly approved bilateral investment treaties, dispute settlement discussions, pleadings and decisions in ongoing arbitrations
  Jul 08, 2019
• Bolivia round-up: An update on developments in three pending investment treaty arbitrations (Glencore, Orlandini and Banco Bilbao)
  Jun 28, 2019
• Latest Colombia mining tribunal is finalized, with Andres Rigo Sureda in the chair of Red Eagle case
  Apr 23, 2019
• Looking Back (3 of 3): In CME v. Czech Republic post-liability developments, the respondent challenged the tribunal’s decision before Swedish courts and sought reconsideration during the quantum phase
  Apr 10, 2019
• In new ruling, ICSID tribunal denies application for non-disputing party submission, considering that the petitioners failed to prove that the arbitral dispute involved issues of human rights
  Feb 20, 2019
• Lucy Reed tapped to chair Turkmenistan investment arbitration
  Feb 19, 2019
• An update on under-the-radar arbitral rulings that address Achmea objection
  Jan 13, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• Ukraine round-up: Philip Morris BIT threat leads to settlement of dispute; an update on five other pending investment arbitrations
  Dec 05, 2018
• Latin American Round-Up: new disputes, tribunals and other news involving Peru, Ecuador, Bolivia and Mexico
  Dec 04, 2018
• Poland investment treaty claims round-up: an update on new claims, progress of ongoing cases, and enforcement/set-aside actions
  Nov 16, 2018
• Arbitrators reject Colombia's bid to have certain objections heard at outset of key mining case (Eco Oro)
  Aug 27, 2018
• In new Grot v. Moldova award, Philippe Sands-chaired tribunal finds expropriation, but damages for Moldovan breach of U.S. bilateral investment treaty are limited
  Jul 02, 2018
• Colombia round-up: new developments in treaty-based investment arbitrations
  Jun 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
• Parties agree on John R. Crook to chair Macedonia mining arbitration
  Apr 24, 2018
• ANALYSIS: unpacking the reasons why a UK court has set aside portions of the jurisdictional holdings in Griffin v. Poland BIT arbitration
  Mar 04, 2018
• Energy Charter Treaty award in favour of Turkey survives set-aside bid by Cem Uzan
  Mar 02, 2018
• Kaufmann-Kohler tribunal's jurisdictional holdings are set aside, as judge at arbitral seat finds that investment treaty affords scope for broader claims against Poland
  Mar 02, 2018
• Hans van Houtte tapped to chair LP Egypt Holdings I, LLC claim against Egypt
  Feb 27, 2018
• In newly-released documents from Glencore v. Bolivia case: tribunal explains why it declined to hold a separate jurisdictional phase - and refuses to block Bolivia's pursuit of evidence via US courts
  Feb 08, 2018
• Tribunal weighs in on bifurcation, as Glencore and Bolivia spar over state's jurisdictional objections to arbitration claim
  Feb 01, 2018
• US investor says it resorted to third-party funding due to state's non-payment of advances; at hearings, parties spar over an investor's need to use local courts before turning to BIT arbitration
  Jan 18, 2018
• Bolivia seeks judicial order to compel former President to provide evidence in Glencore BIT arbitration
  Dec 15, 2017
• Analysis: Bear Creek tribunal declines to infer legality requirement, considers interpretive annex on indirect expropriation, and views treaty's general exceptions clause as ruling out other exceptions
  Dec 04, 2017
• Tribunal rejects DCF approach in Bear Creek case; dissenter sees ILO Convention on Indigenous and Tribal Peoples as imposing obligations in context of miner's ICSID claim
  Dec 04, 2017
• Arbitrators hold Peru liable for expropriation of Bear Creek's mining rights, but award compensation only for sunk costs
  Dec 01, 2017
• Looking Back: In Tradex v. Albania case, arbitrators saw jurisdiction under domestic investment law, but claimant fails to prove expropriation or attributability to the state
  Nov 13, 2017
• Eco Oro v. Colombia mining dispute has a tribunal in place, after ICSID Secretary General picks Juliet Blanch as chair
  Sep 12, 2017
• Poland round-up (part two): Arbitrators weigh in in a pair of (unrelated) cases under the same treaty, with one ruling now being challenged and the other opening path to large pay-off
  Jul 12, 2017
• Luca Radicati di Brozolo is tapped to chair latest Colombia BIT tribunal
  Jul 11, 2017
• In another Bolivian nationalization claim, Bolivia justifies nationalisations based on prior government’s supposedly illegal sales of state resources, also alleges abuse of process
  Jun 25, 2017
• Bolivia: an update on three investment treaty arbitrations (Glencore, Abertis and Quiborax)
  May 12, 2017
• Tribunals finalized in two Russian-related investment treaty arbitrations (ICSID and UNCITRAL), with Boeckstiegel once again in a familiar role
  Mar 16, 2017
• Analysis: a deeper look at the holdings in the Busta v. Czech Republic and Anglia Auto Accessories v. Czech Republic arbitral awards
  Mar 16, 2017
• Czech Republic prevails in two separate expropriation claims arising out of UK-Czech Republic BIT  - one relating to frustrated enforcement of arbitral award, the other to alleged failure of police protection
  Mar 13, 2017
• Tribunal notes: Philippe Sands chosen as replacement arbitrator in Uzbek case, and Zachary Douglas is tapped to chair a case under domestic investment statute
  Oct 31, 2016
• Arbitrators largely dismiss Turkish investor’s rectification request, but agree to minor changes that have no damages consequences
  Oct 06, 2016
• Latest Uzan v. Turkey arbitration fails, as SCC tribunal looks past claimant's permanent residence in France and dwells on "domestic" origins of disputed investment
  Aug 23, 2016
• Philippe Sands to chair case brought under US-Moldova BIT
  Jul 29, 2016
• Arbitrators accept one amicus application and reject another in Bear Creek v Peru arbitration
  Jul 26, 2016
• The Czech Republic: updates on fifteen investment treaty disputes
  May 24, 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
• Turkish investor invokes ICSID rectification process to reverse ruling in favour of Turkmenistan, seeking a finding of expropriation and US$9.7 million in compensation
  Apr 09, 2016
• Two more tribunals are ready to go in arbitrations brought against Spain by energy investors
  Apr 01, 2016
• In-depth: unpacking the latest ruling on local litigation provision in Turkey-Turkmenistan BIT
  Mar 15, 2016
• Analysis: in a recent MFN clause interpretation, arbitrators diverge from more generous approach taken by certain earlier tribunals
  Mar 15, 2016
• In-depth: Ickale tribunal treats construction contracts as investments, but finds no expropriation in state commercial conduct, while dissenter sees narrow breach
  Mar 15, 2016
• ICSID tribunal dismisses $570+ million BIT claim against Turkmenistan, but with wing arbitrators each dissenting on certain points
  Mar 09, 2016
• Canadian court refuses to set aside NAFTA Award in Mobil/Murphy v. Canada
  Feb 23, 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
• Peru's defence in Bear Creek arbitration alleges illegality of mining investment, and debates scope of key protections in Canada-Peru trade pact
  Nov 20, 2015
• Canadian investor, Bear Creek, lays out merits and damages arguments in $500+ million claim against Peru following shuttering of mine project near Lake Titicaca
  Nov 08, 2015
• Ukraine: updates on arbitrator resignations, costs-order collections, and other recent arbitral developments
  Oct 08, 2015
• Tribunals finalized in under-the-radar UNCITRAL and SCC intra-EU investment treaty arbitrations
  Sep 17, 2015
• Poland claims round-up: at least a dozen investment treaty arbitrations
  Jul 29, 2015
• Reasons emerge for dismissal of claim brought by Chinese insurer Ping An against Belgium over Fortis bank bail-out
  May 28, 2015
• Belgium prevails in billion dollar ICSID arbitration brought by Chinese investors, Ping An, in failed Fortis bank
  May 01, 2015
• European claims update: tribunals finalized in Estonia, Albania and Spain arbitrations
  Mar 24, 2015
• Czech Republic: Govt releases cache of BIT awards, strives to collect costs orders, and currently faces eleven pending treaty claims
  Feb 24, 2015
• Arbitrators finalized in three proceedings: Bear Creek v. Peru, Krederi v. Ukraine and Unión Fenosa Gas, S.A. v. Egypt
  Dec 10, 2014
• Despite Egypt's reported desire to settle disputes, two tribunals are finalized in ICSID cases
  Nov 25, 2014
• Tribunal is named for bank's BIT claim vs. Greece as European Commission makes new amicus bid in another ICSID proceeding
  Oct 21, 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
• Challenge to Philippe Sands rejected; no basis to disqualify merely because he ruled on similar legal issues in prior case
  Jul 15, 2014
• Turkmenistan construction dispute grinds to a halt, as investor objects to new arbitrator appointed by government
  May 21, 2014
• Arbitrator steps aside after being challenged by Chile in long-running ICSID dispute
  Jan 21, 2014
• Challenges filed against Feliciano and Sands at ICSID; replacement arbitrators named in two other cases, after tribunal departures
  Jan 08, 2014
• New tribunal in Pey v Chile case must assess whether compensation for discrimination and denial of jusice should be in line with expropriation damages
  Jan 01, 2014
• Venezuela’s failure to produce documents leads to inference that they may be unhelpful to Gov’t, but majority can’t conclude that ambiguous law offers consent to international arbitration
  Nov 20, 2013
• Arbitrators selected to hear claims that Kyrgyzstan expropriated stake in Jerooy gold project; obscure multilateral treaty is one of several invoked by investor
  Nov 06, 2013
• Egypt update: As another arbitration lands at ICSID, tribunals chosen for three earlier claims lodged by businessman Ossama Al Sharif
  Sep 30, 2013
• Pey v. Chile update: As new tribunal is called to rule on compensation for BIT breach, Chile objects to claimant’s nomination of Philippe Sands as arbitrator
  Sep 11, 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
• ICSID round-up: profiling new claims against Slovenia, Costa Rica, Venezuela and Egypt
  Jun 18, 2013
• Venezuela says oil arbitration lodged via 1999 investment statute has been dismissed on jurisdictional grounds; dissenting opinion also rendered
  May 30, 2013
• Chair is named in high-stakes Ping An v. Belgium arbitration over Fortis Bank shareholding
  Feb 28, 2013
• Arbitrators selected to hear expropriation claim filed by Chinese financial services company against Belgium
  Jan 09, 2013
• Mobil v Canada award sets high bar for NAFTA Art 1105 breach, and offers reading of performance requirements rules
  Nov 22, 2012
• Tribunal in Mobil and Murphy v. Canada case diverges on meaning of NAFTA reservations provisions
  Nov 22, 2012
• New victory for Ukraine in ICSID arbitration looks at limits of umbrella clauses
  Oct 30, 2012
• Non-payment of debts not a breach of ‘fair and equitable treatment’, but claimant can pursue collection in Paraguayan courts under tribunal’s supervision
  Oct 22, 2012
• Lost amidst flurry of claims by Turkish investors against Turkmenistan, a German investor’s claims quietly move forward
  Jun 11, 2012
• Canada loses NAFTA claim; provincial R&D obligations imposed on US oil companies held to constitute prohibited performance requirements
  Jun 01, 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
• Former ICJ Judge reaffirms view that sitting arbitrators should not serve as advocates in investment treaty arbitrations
  Feb 16, 2012
• New International Investment Law Works: May 2011 to January 2012
  Jan 13, 2012
• ICSID Round-up: Arbitrators named in cases against Poland, Kazakhstan and Egypt; annulment committee picked in Ukraine case
  Oct 26, 2011
• Award embodying settlement of contentious coal-fired power plant dispute in Germany is published; Russia-Moldova investment arbitration award and arbitrator challenge ruling in OPIC Karimum v. Venezuela case also available online
  Jun 09, 2011
• Interview: Author of forthcoming study on arbitrator disqualification explains why ICSID arbitrators are so difficult to unseat
  Jun 08, 2011
• Effort to disqualify arbitrator in Venezuelan oil nationalization case is unsuccessful; adjudicators acknowledge that multiple arbitral appointments can be a concern
  May 19, 2011
• Mexico found liable for termination of vehicle registry program; allegations that registry director was Argentine war criminal overshadowed case, but were not central to treaty arbitrations
  Apr 21, 2011
• ICSID will hear challenges to two Venezuela arbitrators simultaneously; meanwhile another Venezuela dispute is suspended as arbitrator is challenged
  Feb 01, 2011
• Tribunals picked in Bangladesh, Kazakhstan and Venezuela disputes
  Jan 13, 2011
• Tribunal constituted to hear series of non-payment claims against Turkmenistan
  Dec 16, 2010
• Tribunal declines interim measures request of investor; claimant pursuing arbitration arising out of Kyoto Protocol emission reduction project
  Oct 20, 2010
• Venezuela prevails in treaty-based arbitration, as arbitrators decline jurisdiction over investor claim
  Sep 15, 2010
• Arbitrator decries “revolving door” roles of lawyers in investment treaty arbitration
  Feb 25, 2010
• Tribunals convened in ICSID cases involving Turkmenistan, Ukraine and Venezuela
  Dec 21, 2009
• Lawyer can’t wear two hats in arbitrations with Argentina; challenge to arbitrator upheld in UNCITRAL BIT claim
  Dec 21, 2009
• One arbitrator disqualified, while challenge to another is rejected in UNCITRAL BIT arbitration against Venezuela
  Nov 30, 2009
• Telecom Italia subsidiary agrees to withdraw ICSID claim against Bolivia, but case to proceed under other auspices
  Oct 30, 2009
• Tribunal in Bureau Veritas v. Paraguay upholds broad potential reading of umbrella clause, but courts must weigh in
  Jun 09, 2009
• Energy Charter claim against Ukraine moves forward quietly; tribunal picked in separate Bosh case at ICSID
  May 27, 2009
• Tribunals appointed in Alapi v. Turkey, Mobil v. Canada, Caratube v. Kazakhstan, iZee v. Georgia, and Duke v. Peru (annulment)
  Mar 17, 2009
• Tribunal finalized in ETI v. Bolivia arbitration; case arose after Bolivia notified ICSID of withdrawal from Centre
  Oct 22, 2008
• After much speculation, Bolivia appoints defence counsel and arbitrator in contentious ICSID telecoms arbitration
  Oct 01, 2008