Stephen Schwebel - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Stephen Schwebel

• Looking Back: The ICJ’s ELSI judgment discussed exhaustion of local remedies, full protection and security, and arbitrariness - influencing investor-state arbitration decisions to come
  Jan 07, 2022
• Dutch court upholds 44 million USD Merck v. Ecuador award
  Jun 23, 2021
• Looking Back: On jurisdiction, tribunals hearing trifecta of Yukos cases deemed the ECT provisionally applicable in its entirety despite Russia’s lack of ratification
  May 21, 2021
• Looking Back: UNCITRAL tribunal in Biloune v. Ghana found creeping expropriation of resort complex, but declined jurisdiction over denial of justice and human rights claims
  Nov 06, 2020
• ANALYSIS: a closer look at the reasons why the Hague Court of Appeal dismissed all of Russia’s challenges to $50bn+ Yukos awards
  Feb 19, 2020
• Ecuador round-up: an update on arbitration proceedings against the State, including unreported cases and looming awards
  Dec 30, 2019
• Looking Back: In previously-unseen Indonesia v. Newmont award, Indonesia took investor before international tribunal to obtain performance of divestment obligation
  Nov 20, 2019
• Looking Back: Dabhol power plant saga led to numerous commercial, investment treaty and inter-state arbitrations, and perhaps foreshadowed India’s later concerns over BITs
  Sep 11, 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
• Looking Back (1 of 3): In CME and Lauder cases, two different UNCITRAL tribunals upheld jurisdiction over Czech media dispute despite parallel proceedings
  Apr 10, 2019
• Looking Back (2 of 3): On the merits, two different UNCITRAL tribunals reached opposite results in dispute over Czech media investment
  Apr 10, 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
• The Merck v. Ecuador award (Part One): arbitrators wave away jurisdictional objections - including on exhaustion - and warn that non-compliance with interim orders could aggravate treaty breach
  Mar 27, 2018
• The Merck award (Part Two): On the merits, Ecuador found liable for denial of justice after foreign investor is ordered to pay “wholly disproportionate sum” without court engaging in objective analysis or calculation
  Mar 27, 2018
• Balkan Energy award vs Ghana is recognised by US courts; arbitration agreement held to be valid
  Mar 26, 2018
• Ecuador reportedly on hook for denial of justice in Merck arbitration
  Mar 19, 2018
• In newly-surfaced UNCITRAL award, investor is awarded $87 million, as Hwang, Schwebel and Born conclude that contract is still binding despite non-compliance with constitutional requirement of parliamentary approval
  Sep 18, 2017
• Analysis: arbitrators see two ways in which international principle of estoppel can be imported into a contract governed solely by domestic law
  Sep 18, 2017
• At damages phase of Bankswitch v. Ghana, lost-profits are treated as sure thing despite no profitability track-record or expert damages report; after hefty discount, investor is awarded $87 million on a “fairly limited” investment of $6 million
  Sep 18, 2017
• UPDATED: Against backdrop of threatened BIT arbitration, Paris Court of Appeal confirms release of Russian space agency assets that had been frozen by Yukos claimants
  Jun 27, 2017
• Looking Back: In Impregilo v Pakistan case, arbitrators needed to grapple with distinction between treaty/contract claims and scope of umbrella clause
  May 22, 2017
• As award looms in Merck v. Ecuador, earlier Chevron-like interim measures ruling surfaces, ordering Ecuador to block enforcement of a local court judgment that is adverse to foreign investor
  May 16, 2017
• Reasons released for PCA’s dismissal of two challenges to Stephen Schwebel in pharmaceutical BIT arbitration
  May 16, 2017
• Looking Back: Turkey’s first ICSID case ends with FET breach for failure to create stable and predictable legal framework for PSEG, but compensation is limited to amount invested
  May 03, 2017
• In now-public award, arbitrators interpret Ghana's constitution and disagree with Supreme Court's reading of key provision; gov't is estopped from arguing that contract is invalid due to lack of parliamentary approval
  Apr 02, 2017
• Looking Back: Eureko v. Poland case triggered early debates over role of domestic law in investment arbitration, and grappled with contract-treaty distinction
  Feb 27, 2017
• Looking Back: in first award involving the US under NAFTA Chapter 11, tribunal found no denial of justice against Canadian investor Mondev
  Feb 17, 2017
• Dutch court sets aside US$50 billion Yukos award, criticising tribunal for accepting provisional application of Energy Charter Treaty to Russia
  Apr 20, 2016
• In a dramatic holding, UNCITRAL tribunal finds that Kazakhstan is bound by terms of former USSR BIT with Canada
  Jan 28, 2016
• Battling $50 billion Yukos awards on two fronts, Russia focuses on claimants’ alleged fraud and linguistic analysis of tribunal assistant’s alleged role in drafting awards
  Nov 03, 2015
• Ecuador round-up: Key rulings loom in half-dozen cases, including windfall levy disputes, Occidental annulment, and several lesser-noticed arbitrations
  Apr 10, 2015
• Venezuela resurrects earlier concern in latest bid to disqualify Conoco's arbitrator in high-stakes oil nationalization fight
  Mar 05, 2015
• In-Depth: Reviewing Russia’s arguments for setting aside $50 billion Yukos awards
  Mar 05, 2015
• JURISDICTION: arbitrators say tax exemption not self-judging, and referral by Yukos to local authorities would be futile; legality duty on investors proves toothless due to identity-change
  Jul 31, 2014
• LIABILITY: in Yukos arbitration, tribunal dwells on disproportionate nature of measures, and sees no need to look at FET claim
  Jul 31, 2014
• DAMAGES: In Yukos arbitration, ECT tribunal rejected DCF valuation, and opts for "comparable companies" method
  Jul 31, 2014
• Russia ordered to pay US$50 bil to former Yukos majority shareholders; as in Oxy case, Fortier-chaired tribunal reduces damages due to investor's misbehaviour
  Jul 28, 2014
• Central Asia round-up: updates on four UNCITRAL investment treaty arbitrations in the "Stans"
  Mar 11, 2014
• Despite Khodorkovsky release, majority owners of Yukos have no plans to drop $113 billion arbitration claim against Russian Federation as a final ruling looms
  Dec 24, 2013
• Egypt update: As another arbitration lands at ICSID, tribunals chosen for three earlier claims lodged by businessman Ossama Al Sharif
  Sep 30, 2013
• Arbitrators picked to hear claim by key shareholder in cancelled Bulgarian waste deal; minority shareholder’s parallel claim ended mysteriously
  Jan 02, 2013
• Tribunals selected for UNCITRAL claims against Kyrgyzstan and Ecuador
  Aug 19, 2012
• Russia held liable for expropriation of Yukos shareholdings in case brought by minority Spanish shareholders (but funded by majority owner)
  Jul 26, 2012
• Arbitrators reject Italian builder’s claims against Lebanon, while papering over divergences on meaning of key treaty obligations
  Jun 11, 2012
• Arbitration by Merck pharmaceutical company resumes after unsuccessful effort by Ecuador to disqualify claimant’s arbitrator, Stephen Schwebel
  Apr 22, 2012
• As spotlight shines on Ecuadorian judicial system, U.S. drug company, Merck, pursues a Chevron-style arbitration claim of its own
  Mar 01, 2012
• New International Investment Law Works: May 2011 to January 2012
  Jan 13, 2012
• Tribunal sees a high-bar for breach of NAFTA’s Minimum Standard of protection; doubts expressed as to impact of hundreds of BITs on customary international law
  Mar 15, 2011
• ICSID committee confirms Egypt’s lack of treaty breaches in hotel dispute, but takes issue with tribunal’s comment on recourse to local courts
  Jul 02, 2010
• ICSID Committee declines to annul large damages award in Rumeli & Telsim v. Kazakhstan case
  Mar 25, 2010
• New Books and Articles on Investment Treaty Law: May to December 2009
  Jan 16, 2010
• Arbitrators selected in Billion Dollar UNCITRAL claim against Slovak Republic
  Nov 13, 2009
• Backgrounder: Eureko v. Poland reaches anti-climax after notable liability award and battle over arbitrator challenge
  Oct 14, 2009
• Dominican Republic settles trio of electricity arbitrations
  Sep 19, 2009
• Majority finds that failure to examine wide definition of investment in UK-Malaysia BIT was manifest excess of powers
  Apr 19, 2009
• Divided ICSID annulment committee annuls Malaysian Salvors award; controversial 2007 award had declined jurisdiction
  Apr 19, 2009
• ICSID committee asks Kazakhstan to guarantee prompt payment if annulment fails – or post 50% of award value now
  Apr 02, 2009
• More details emerge of Dominican Republic arbitrations over electricity concession; arbitrators revealed in several cases
  Feb 28, 2009
• Russian Federation seeks to overturn jurisdictional award in Yukos shareholder claim; merits phase continues
  Jan 22, 2009