Bruno Simma - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Bruno Simma

• Analysis: Tribunal majority in Renergy v. Spain finds that radical changes to renewable energy framework breached legitimate expectation of relative stability; dissenter opines that legitimate expectations are not the appropriate framework for assessing the dispute
  May 17, 2022
• Looking Back: The ICJ’s Diallo judgments found that states could exercise diplomatic protection with respect to shareholders’ rights, but not on behalf of local companies controlled by their nationals – while observing that the role of diplomatic protection had “somewhat faded” in light of the growth of investor-state arbitration
  May 13, 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
• Dutch court upholds 44 million USD Merck v. Ecuador award
  Jun 23, 2021
• Three are named to hear waste management arbitration against Egypt
  Jun 03, 2021
• French Cour de cassation resurrects USD 1.6 billion award against Venezuela
  Apr 01, 2021
• Breaking: Paris Court finds that PCA Secretary General lacked power to step into Libya arbitration when OIC Secretary General failed to appoint arbitrator
  Mar 26, 2021
• Analysis: Tribunal majority finds that Italy’s renewables framework gave rise to legitimate expectations, but these did not include expectations of a fixed level of incentives; dissenter would have awarded damages for unfair treatment
  Mar 03, 2021
• Breaking: Tribunal majority dismisses renewables claim against Italy on the merits; dissenter would have found that modification of feed-in tariffs through the Spalma Incentivi decree violated the ECT
  Feb 26, 2021
• Arbitration dispute over Egyptian fertilizer investment is settled
  Feb 05, 2021
• Arbitrators bifurcate quantum proceedings in parallel Renco v. Peru arbitrations
  Oct 07, 2020
• Tribunal declines to bifurcate proceedings in Peruvian metalworks case
  Aug 20, 2020
• Libya round-up: New tribunals, a discontinuation, and further details about a number of investment arbitrations against the state
  Aug 11, 2020
• [Updated with full analysis] Majority arbitrators find that claims in second Renco v. Peru case are not time-barred and allow arbitration to proceed; dissenter would have applied limitation period to dismiss most of the claims
  Jul 20, 2020
• Egypt round-up: a settlement agreement, a new tribunal, and an update on 11 other arbitration claims against the state
  Jun 17, 2020
• Analysis: Unpacking the reasons why Spain failed to unseat Kaj Hober from the KS Invest tribunal
  May 22, 2020
• Breaking: ICSID rejects Spain’s bid to disqualify Kaj Hober from KS Invest tribunal
  May 18, 2020
• US weighs in on temporal jurisdiction under Peru-US FTA
  Apr 05, 2020
• Majority orders the United States to compensate Iran for failing to return certain Iranian properties
  Mar 18, 2020
• Tribunal in place at Permanent Court of Arbitration to hear Renco's latest bid to hold Peru liable over expropriation of environmentally-notorious metalworks
  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
• Spain succeeds in disqualifying arbitrator Kaj Hober in Energy Charter Treaty arbitration
  Jan 14, 2020
• Ecuador round-up: an update on arbitration proceedings against the State, including unreported cases and looming awards
  Dec 30, 2019
• UNCITRAL tribunal rejects security for costs application prompted by Russia’s belated decision to defend itself in under-the-radar Crimea case
  Nov 29, 2019
• Analysis: newly-published award in Seo v. Korea case finds that property acquired as a private residence and later rented out does not qualify as an investment under the Korea-US FTA
  Nov 04, 2019
• South Korea prevails in Jin Hae Seo case, as tribunal of Simma, Lo and McRae issues award dismissing claim under Korea-US Free Trade Agreement on a preliminary basis
  Sep 30, 2019
• Parties agree on former ICJ Judge to chair BIT claim that stems from foreign investor's difficulties in collecting on commercial arbitral award
  May 07, 2019
• Analysis: in quantum decision, Bilcon tribunal awards investors little more than their sunk costs, after finding no certain causation between Canada’s breach and alleged lost profits
  Feb 25, 2019
• Canada ordered to pay $7 million for botched environmental review, but NAFTA arbitrators reject U.S. investors' bid for $400+ million in lost profits
  Feb 25, 2019
• ANALYSIS: Paris Court of Appeal deemed that treaty's time-bar provisions should have affected tribunal's quantum analysis in billion dollar ruling
  Jan 31, 2019
• Damages portions of $1.2 billion arbitral award against Venezuela are annulled by Paris Court
  Jan 30, 2019
• Simma chosen to chair new expropriation claim under US FTA
  Jan 28, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• Serbia held liable at ICSID in case alleging failure to enforce environmental regulations
  Nov 10, 2018
• ICJ President reveals that ICJ judges will not participate in investor-state arbitration in the future
  Oct 27, 2018
• An update on eight investment arbitration claims against Canada
  Sep 20, 2018
• Former ICJ Judge chosen to chair energy charter treaty claim against Bulgaria
  Jun 04, 2018
• Libya claims round-up: new developments under OIC treaty; Greenwood to chair a newly-filed ICC BIT case; two hearings loom in longer-running arbitrations
  May 07, 2018
• Canada fails in bid to set aside unfavourable NAFTA award from Bilcon quarry dispute - damages ruling looms in $443 million compensation fight
  May 02, 2018
• [UPDATED with full analysis] - Another challenge to Gary Born is rejected, this time by Bruno Simma and Daniel Bethlehem in the KS Invest & TLS Invest v. Spain case
  May 01, 2018
• 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
• Ecuador reportedly on hook for denial of justice in Merck arbitration
  Mar 19, 2018
• Lowe and Douglas dismiss challenge of co-arbitrator Gary Born in Spain case
  Mar 16, 2018
• Spain seeks to disqualify arbitrator Gary Born from sitting in solar cases following his strong dissent in JSW Solar v. Czech Republic
  Feb 15, 2018
• Damages claims come to light as parties prep for hearings in controversial NAFTA quarry case, Clayton/Bilcon v. Canada
  Feb 12, 2018
• Crimea-related Lugzor v. Russia arbitration clears jurisdictional hurdles
  Dec 13, 2017
• Gabrielle Kaufmann-Kohler to chair Colombia-Chile FTA arbitration
  Dec 07, 2017
• Italy claims: A trio of Energy Charter Treaty arbitrations emerge in Stockholm, a tribunal is appointed at ICSID, and some repeat-players are beginning to emerge
  Aug 24, 2017
• Former Canadian Supreme Court Justice Ian Binnie is tapped to chair latest Russia BIT arbitration
  Jul 20, 2017
• Libya investment treaty claims: another claim surfaces and another tribunal is finalized
  Jun 29, 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
• Latest Energy Charter Treaty claim against Italy to be chaired by Bruno Simma
  May 03, 2017
• In jurisdiction ruling, arbitrators rule that Russia is obliged under BIT to protect Ukrainian investors in Crimea following annexation
  Mar 09, 2017
• The Rusoro v Venezuela award: examining jurisdiction, time-bar and illegality allegations
  Aug 27, 2016
• The liability holdings in Rusoro v Venezuela: taking is unlawful; performance requirements obligation is breached; counter-claims not permitted
  Aug 27, 2016
• At damages phase in Rusoro v Venezuela gold mining case, arbitrators nix DCF, comparable companies and comparable transactions valuation methods
  Aug 27, 2016
• Billion dollar arbitral award rendered in claim brought by Rusoro Mining against Venezuela
  Aug 23, 2016
• In-depth: in Copper Mesa case, jurisdictional objections were waved away; Ecuador breaches BIT due to failure to protect investor from protesters
  Jun 05, 2016
• Veeder-chaired panel hold Ecuador liable for BIT breach, but mining corp gets only sunk costs - and sees damages claw-back due to its "unclean hands"
  Jun 01, 2016
• Russia disputes round-up: updates on status of 11 known investment treaty claims
  Jan 19, 2016
• Tribunals constituted in three ICSID solar energy cases brought against Spain
  Dec 20, 2015
• ICSID renewables claims against Spain reach 23, along with some signs of repeat arbitrator appointments - but no common chairs as yet
  Nov 17, 2015
• First UNCITRAL arbitral tribunal is finalized to hear claim that Russia is liable for harm befalling investments in annexed Crimean peninsula
  Jul 14, 2015
• A second UNCITRAL arbitral tribunal is constituted to hear Crimea claims against Russia, as tribunal selection begins in three further cases
  Jul 14, 2015
• Canada hopes that Federal Court will overturn NAFTA tribunal's controversial decision in Nova Scotia quarry case (Bilcon v. Canada)
  Jun 17, 2015
• One of three ICSID Argentine bond arbitrations collapses due to lack of funding
  Jun 02, 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
• European claims update: tribunals finalized in Estonia, Albania and Spain arbitrations
  Mar 24, 2015
• Arbitrators in Clayton/Bilcon case align on jurisdictional questions, but fall out over Canada's liability for NAFTA breach in $300 million quarry fight
  Mar 21, 2015
• Majority of NAFTA Chapter 11 tribunal finds national treatment and minimum standard breaches in environmental review of controversial Nova Scotia quarry
  Mar 21, 2015
• In NAFTA dissent, Donald McRae sees chilling effect - and "remarkable step backwards in environmental protection" - due to majority ruling
  Mar 21, 2015
• Balkans Round-Up: updates on investment claims against Croatia, Serbia, and Albania
  Feb 04, 2015
• Central Asia round-up: updates on four UNCITRAL investment treaty arbitrations in the "Stans"
  Mar 11, 2014
• Repeat appointments by claimant’s law firm were at center of (rejected) challenge to arbitrator in Venezuela case, but less central in Repsol v. Argentina case
  Oct 17, 2013
• As NAFTA hearings set to be web-streamed in quarry dispute, IAReporter reviews latest pleadings, including arguments on attribution, time limits, discrimination and due process
  Oct 16, 2013
• Dissent in Ambiente Ufficio v. Argentina bond case becomes public; third arbitrator would have upheld almost all jurisdictional objections
  Jun 18, 2013
• Another divided ICSID tribunal finds it has jurisdiction to arbitrate an Argentine sovereign debt dispute; failure to pursue local remedies not fatal to case
  Feb 11, 2013
• Tribunal sees no reason to exclude sovereign debt from investments eligible for protection at ICSID and under bilateral investment treaty
  Feb 11, 2013
• Tribunal is put in place to hear expropriation claim lodged by Canadian gold miner Rusoro against Venezuela
  Jan 09, 2013
• As foreign investors arbitrate with India, the International Court of Justice could play an unusual role
  Nov 12, 2012
• Lithuania Claims Round-Up: Lesser-known arbitrations move forward alongside high-profile gas unbundling battles
  Sep 02, 2012
• Tribunals selected for UNCITRAL claims against Kyrgyzstan and Ecuador
  Aug 19, 2012
• Canada expands on defences to NAFTA claim over environmental assessment of Nova Scotia quarry; government says regulatory goals and project differences may justify different treatments for different projects
  May 21, 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
• Copper miner files its statement of claim in previously-unannounced ad-hoc arbitration against Ecuador
  Mar 01, 2012
• New International Investment Law Works: May 2011 to January 2012
  Jan 13, 2012
• World Bank arbitration tribunal upholds jurisdiction over Billion Dollar claim by Italian victims of Argentine sovereign debt default
  Aug 07, 2011
• Rwanda hires lawyers to defend tea estate dispute with U.S. company; arbitral tribunal is selected to hear case
  Sep 28, 2010
• ANALYSIS: ICJ ruling in Argentina-Uruguay case and its relevance to investment arbitration
  Apr 22, 2010
• Telecom Italia subsidiary agrees to withdraw ICSID claim against Bolivia, but case to proceed under other auspices
  Oct 30, 2009
• Canada sets out arguments in NAFTA claim arising out of environmental assessment of quarry and shipping project
  Sep 19, 2009
• NAFTA quarrying and shipping claim against Canada will be open to the public
  May 27, 2009
• Tribunal selected to hear NAFTA claim between Canada and US investors in proposed quarrying and shipping scheme
  Feb 10, 2009
• Tribunal finalized in ETI v. Bolivia arbitration; case arose after Bolivia notified ICSID of withdrawal from Centre
  Oct 22, 2008