Philippe Sands - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Philippe Sands

• 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