Philippe Sands - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Philippe Sands
- 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