Guido Santiago Tawil - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Guido Santiago Tawil

• Analysis: ICSID AF tribunal hearing Mexican satellite dispute rejects jurisdictional objection based on argument that through a “mirror act”, investor sought a repetition of contested measures to gain access to treaty arbitration; claims are dismissed on the merits
  Dec 27, 2022
• Analysis: ICC tribunal enjoins investor from seeking determination of contractual claims in treaty proceedings; UNCITRAL tribunal reads injunction as allowing treaty arbitration to proceed
  Dec 20, 2022
• Treaty tribunal finds that its Kompetenz-Kompetenz power is unfettered by anti-arbitration injunction issued in parallel contract case
  Dec 19, 2022
• Analysis: ICC tribunals find that Peruvian ministry wrongfully terminated telecom contracts, resulting in damages for US-owned claimant
  Dec 15, 2022
• Three are in place to hear Peruvian gas dispute
  Dec 06, 2022
• Awards surface in contract-based telecoms arbitrations against Peruvian ministry
  Dec 05, 2022
• ICSID Chair dismisses challenge to full tribunal in Spanish renewables arbitration
  Oct 20, 2022
• Analysis: NAFTA/ICSID tribunal hearing limestone quarrying dispute with Mexico issues unanimous non-aggravation order, but splits on admissibility of ancillary claim
  Sep 19, 2022
• [Updated] Construction arbitration against Panama is discontinued
  Jul 25, 2022
• ICSID tribunal issues provisional measures order in NAFTA case against Mexico, as underlying limestone quarrying dispute heats up despite advanced stage of the arbitration process
  Jul 13, 2022
• Three are in place to hear renewables claim against Romania
  Jul 08, 2022
• BIT tribunal declines Mozambique’s second request to suspend proceedings in light of parallel commercial arbitration
  Jul 01, 2022
• Spain proposes disqualification of full tribunal in ICSID arbitration
  May 18, 2022
• Three are in place to hear renewable energy claim against Guatemala
  Mar 08, 2022
• Tribunal majority allows contract case against Dominican Republic to proceed to the next stage; dissenter opines that ICSID AF arbitration is only available for environmental claims under the contract
  Mar 02, 2022
• West Africa Round-Up: A new arbitration against Cameroon, two ICSID cases are discontinued, and the DRC fails to set aside an award in Paris
  Feb 01, 2022
• Analysis: Tribunal majority finds that conduct by Guatemala’s tax authority did not breach FET standard; jurisdiction is upheld despite sale of the investment before arbitration started
  Jan 18, 2022
• Treaty award in power distribution dispute with Guatemala comes to light
  Jan 17, 2022
• Airline dispute with Ukraine proceeds to the next stage
  Dec 23, 2021
• Spain files for annulment of solar power award
  Dec 22, 2021
• UNCITRAL tribunal dismisses security for costs application and declines to issue partial award on advances for costs
  Dec 14, 2021
• UNCITRAL tribunal declines to stay treaty case against Mozambique pending the outcome of a parallel contract-based arbitration
  Dec 06, 2021
• United States and Canada chime in on NAFTA limestone quarry case, commenting on minimum standard of treatment, most-favoured nation clause, and the distinction between direct and reflective losses
  Nov 05, 2021
• Mexico claims victory in satellite arbitration
  Sep 17, 2021
• Analysis: STEAG v. Spain tribunal applies discounts for taxation measure, gas-produced energy, contributory fault, reduction in lifespan, and sale of investment - reaching a damages figure of 27.7 million EUR
  Aug 19, 2021
• Tribunal majority orders Spain to pay 27.7 million EUR in damages to renewables investor, but arbitrators apply several discounts
  Aug 18, 2021
• Analysis: Lima subway construction tribunal finds that Peru is responsible for a number of project delays, and orders the state to grant time extensions to the concessionaire
  Jul 16, 2021
• Peru is held liable in subway dispute
  Jul 08, 2021
• Under-the-radar contract-based arbitration is unfolding in parallel to ongoing ICSID case, with a tribunal already constituted
  Jul 08, 2021
• Tribunal is in place to hear mining claim under the Peru-USA TPA
  Apr 02, 2021
• ICSID tribunal decides that it lacks the power to enjoin Panama from liquidating a performance guarantee under the terms of the Panama-US TPA
  Feb 25, 2021
• Bifurcation decision reveals Mozambique’s reliance on a parallel ICC arbitration to bar an UNCITRAL tribunal’s jurisdiction; preliminary objections are ultimately joined to the merits
  Jan 22, 2021
• Three are in place to hear dispute over Panamanian construction venture
  Dec 14, 2020
• Panama Canal consortium initiates set-aside proceedings against commercial award, alleging failure to disclose potential conflicts of interest
  Dec 01, 2020
• Three are in place to hear claims in Colombian mining dispute
  Nov 18, 2020
• Details of treaty-based claim against Mozambique surface, as Indian investor complains of frustrated rail and port construction project
  Nov 05, 2020
• Central and Southern Africa Round-up: an UNCITRAL claim against Mozambique, an ICC mining arbitration in the DRC, and trouble in Zambia
  Nov 02, 2020
• Analysis: Tribunal majority in STEAG v. Spain reads investment pre-registration requirement as incorporating a specific commitment, but sees contributory fault by the investor; dissenter considers that the investment received a reasonable return
  Oct 16, 2020
• Tribunal majority in STEAG v. Spain finds that the state breached the claimant's legitimate expectations, but applies discounts to damages; Pierre-Marie Dupuy dissents
  Oct 13, 2020
• Breaking: Tribunal majority dismisses treaty-based claims from Israeli investor in Guatemala’s electricity distribution sector; Guido Santiago Tawil dissents
  Oct 09, 2020
• Small hydro investors lay out their case in ICSID arbitration against Peru
  Sep 29, 2020
• Ecuador faces treaty-based claims over tax assessment; tribunal already in place
  Sep 28, 2020
• Analysis: Eskosol v. Italy tribunal finds that bankrupt domestic entity remained under “foreign control”, but dismisses claims on the merits
  Sep 10, 2020
• Eskosol v. Italy tribunal finds that 2011 changes to Italy’s renewables incentives regime did not amount to an ECT breach
  Sep 08, 2020
• Tribunal is constituted to hear contract-based mining claims against the Dominican Republic
  Aug 06, 2020
• Analysis: Reinisch-chaired tribunal declines to suspend criminal proceedings, finding that relevant remedies were to be found in domestic law
  Aug 04, 2020
• Revealed: Unpacking the reasons why ICSID rejected Spain’s proposal to disqualify Guido Tawil in VM Solar v. Spain
  Aug 03, 2020
• ICSID tribunal declines request to order suspension of criminal proceedings in Sierra Leone mining dispute
  Jul 29, 2020
• ICSID rejects proposal to disqualify Guido Tawil in Spanish renewables dispute
  Jul 26, 2020
• ANALYSIS: Addiko v. Croatia tribunal applies unusual conflict of laws clause, but finds no inherent incompatibility between the Austria-Croatia BIT and the EU’s body of laws
  Jun 17, 2020
• Arbitrators reject intra-EU jurisdictional objection in Swiss Franc loans dispute with Croatia
  Jun 15, 2020
• Paris court sets aside jurisdictional award in long-running Garcia Armas case
  Jun 04, 2020
• US-based miner files request for provisional measures with ICSID tribunal after Sierra Leone arrests five of its employees
  May 22, 2020
• UNCITRAL tribunal orders Paraguay to refrain from calling on contractual guarantees, and orders the claimant to post security
  May 13, 2020
• UNCITRAL tribunal declines to suspend proceedings due to virus pandemic
  May 01, 2020
• Three are in place to hear ICSID component of Sierra Leone mining dispute
  Apr 06, 2020
• Three are in place to hear dispute over Peruvian hydroelectric power project
  Mar 09, 2020
• Three are in place to hear dispute over Romanian oil refinery
  Feb 18, 2020
• Albert Jan van den Berg tapped to chair UNCITRAL BIT arbitration
  Jan 30, 2020
• In newly-obtained trove of 4 disqualification decisions, PCA Secretary General sees high bar for challenging UNCITRAL tribunal on basis of its prior rulings; decisions also reject DQ of arbitrator based on alleged investor-bias and close ties to claimants' law firm
  Nov 25, 2019
• Mexico round-up: details surface about taximeter NAFTA threat, new objection is raised on ownership/control in telecoms case, new tribunal is formed in quarry case, settlement struck in pipeline case, and reasons surface for non-release of KBR NAFTA award
  Sep 22, 2019
• Venezuela round-up: ICSID ad hoc committee rejects annulment bid in Highbury case, a new chair is named for Saint Patrick case, and another annulment proceeding is discontinued
  Sep 11, 2019
• Latin America round-up: an update on disputes against Bolivia, Chile and Peru
  Aug 27, 2019
• Updated with full analysis: Tribunal in Orlandini v Bolivia case rejects request to terminate proceedings, as well as application for security for costs
  Jul 26, 2019
• [UPDATED WITH NEW DOCUMENTS] ANALYSIS: in new UNCITRAL BIT decisions in Armas & Gruber case, tribunal dealt with requests to revise jurisdictional decision due to alleged fraud, four arbitrator challenges, and several valuation questions (incl. country risk)
  May 13, 2019
• In newly-uncovered award, Venezuela is held liable for $357 million plus costs in dual national BIT claim
  May 08, 2019
• ANALYSIS: Unpacking the Eskosol v. Italy decision on EU-related jurisdictional issues
  May 08, 2019
• Tribunal rejects Achmea objection in ECT claim against Italy and sees no reason to terminate the proceedings even in light of recent EU member state's declaration
  May 07, 2019
• French Supreme Court overturns decision that had partly annulled an award against Venezuela [UPDATED with full analysis]
  Feb 15, 2019
• ANALYSIS: In Anglo American v. Venezuela award, contractual agreement to pass asset ownership to state excludes expropriation; majority concedes some administrative failings, but also sees investor ‘obstinacy’ - and ultimately no FET breach
  Jan 25, 2019
• Anglo American falls short in investment treaty claim against Venezuela, as majority of tribunal rejects all claims
  Jan 24, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• Latin American Round-Up: new disputes, tribunals and other news involving Peru, Ecuador, Bolivia and Mexico
  Dec 04, 2018
• Spain fails in its bid to disqualify chairman of investment arbitral tribunal
  Sep 12, 2018
• Challenge filed against Eduardo Zuleta as hearings loom
  Aug 10, 2018
• ICSID taps Jean Kalicki to chair a new intra-EU BIT case: Addiko Bank v. Croatia
  Mar 20, 2018
• Arbitrators in place for new Peru BIT arbitration, with David Cairns picked as chair
  Jul 11, 2017
• In newly-unearthed Energy Charter Treaty award (Isolux v. Spain), arbitrators grapple with denial of benefits, nationality planning, tax carve-out and EU law issues
  Jun 29, 2017
• In now-public Isolux v. Spain award, measures that later breached investor protections in Eiser case were not deemed to breach Isolux's legitimate expectations
  Jun 29, 2017
• Arbitrators express doubts about a right to security for costs, but bankrupt claimant's "after-the-event" insurance policy obviates any need to rule definitively
  Jun 14, 2017
• Italy fails to secure summary dismissal of Eskosol solar case, despite protests that it defeated "identical" ECT claim by investor's majority shareholder
  May 22, 2017
• Spain's arbitral winning streak comes to a halt, as ICSID tribunal awards 128 million euro (plus interest) for changes made in solar sector
  May 05, 2017
• Paris court partly annuls jurisdictional award in dual-national claim against Venezuela
  Apr 26, 2017
• In a supplementary decision, Pac Rim tribunal grants El Salvador’s request for post-award interest
  Mar 28, 2017
• El Salvador requests supplementary ruling in Pac Rim dispute, seeking an order of post-award interest
  Dec 05, 2016
• Arbitrators selected to hear UNCITRAL CAFTA case and ICSID Energy Charter Treaty dispute
  Oct 26, 2016
• Tribunals are finalized to hear claims against Italy and Egypt
  Oct 20, 2016
• ANALYSIS: in long-awaited Pac Rim award, tribunal finds that investor held no domestic law rights to ground alleged breaches of investment statute
  Oct 16, 2016
• El Salvador prevails in long-running "Pacific Rim" arbitration
  Oct 14, 2016
• Familiar faces - including Brazilian chair - are tasked with deciding latest food-industry arbitration against Venezuela
  Jul 27, 2016
• Italy update: news on five Energy Charter Treaty claims by solar investors
  May 29, 2016
• ANALYSIS: why some members of a family-business are taking their disputes with Venezuela to ICSID's Additional Facility, while others are choosing UNCITRAL
  May 09, 2016
• UPDATED: Spain prevails on merits in first of many Energy Charter Treaty claims in the solar sector
  Jan 25, 2016
• Arbitrators appointed in two claims (City-State N.V. and Gilward Investments) under Netherlands-Ukraine bilateral investment treaty
  Dec 14, 2015
• Ukraine: updates on arbitrator resignations, costs-order collections, and other recent arbitral developments
  Oct 08, 2015
• ANALYSIS: $12 bilion arbitration vs. Russia by exiled oligarch may be next test-case of arbitrators' willingness to let dual-nationals sue their own state
  Sep 23, 2015
• UNCITRAL tribunal allows dual-national to sue Venezuela; surprise development highlights unintended consequence of recent ICSID denunciation
  Feb 08, 2015
• European Commission wades into solar arbitrations against Spain, intervening in one case a week before final hearings
  Nov 17, 2014
• Brussels' latest intervention casts shadow over investment treaty arbitrations brought by jilted solar energy investors
  Sep 08, 2014
• In lead-up to closed-door hearings in Pac Rim v. El Salvador case, parties' latest briefs see new arguments on estoppel and proportionality
  Sep 08, 2014
• As with earlier Argentine cases, avalanche of claims against Spain look set to be resolved by diversely-composed arbitral tribunals
  Jul 15, 2014
• ICSID Round-Up: New arbitrator in Pey v. Chile; new claim by Highbury and others vs Venezuela; and a bid to annul award in Rose Levy v. Peru
  May 21, 2014
• Tribunals finalized in UNCITRAL and SCC claims arising out of solar-power controversies
  Apr 17, 2014
• El Salvador argues that domestic investment law is not a portal for Pacific Rim mining company to reach international law protections
  Jan 19, 2014
• Foreign investment arbitral claims continue to pile up on Spain, as government turns screws on energy sector
  Dec 05, 2013
• 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 decline jurisdiction over claims by Highbury and Ramstein under Dutch treaty and Venezuelan statute for expropriation of mining assets
  Sep 30, 2013
• Spain round-up: twin Energy Charter claims moving at different speeds; arbitrator in third case agrees to hear jurisdictional objections first
  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
• Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence
  May 15, 2013
• Venezuela Claims Round-up: Nine new investor-state arbitrations registered in the months preceding ICSID withdrawal
  Sep 02, 2012
• Will eight arbitrators be enough to draw a line under U.S. oil company’s windfall levy dispute with Ecuador?
  Jun 19, 2012
• ANALYSIS: In first test of CAFTA ‘denial of benefits’ clause, arbitrators rule that U.S. ‘shell’ company not owed CAFTA protections for investments in El Salvador
  Jun 04, 2012
• Arbitrators dismiss mining company’s CAFTA claims against El Salvador, but will hear claims under domestic investment statute
  Jun 03, 2012
• Bid by U.S. oil company to claim that Ecuador’s 2006 windfall levy breaches investment treaty continues slow, torturous path to arbitration
  Mar 28, 2012
• ANALYSIS: What arguments underlay the recent challenge to arbitrator Brigitte Stern in Murphy v. Ecuador case?
  Mar 28, 2012
• ANALYSIS: What arguments underlay recent push to remove Guido Tawil from Ecuador arbitration?
  Mar 28, 2012
• Mining arbitration between foreign investor and government takes an unusual turn, as a defence counsel steps into role of witness
  Jun 30, 2011
• Presiding arbitrator is designated in gold and diamond mining dispute after parties fail to agree on candidate; underlying investment treaty was terminated several years ago, but claimants invoke its protections
  Jun 30, 2011
• ICSID Secretary-General says threshold is high for challenges to arbitrators in Venezuelan oil services arbitration, as efforts to disqualify Brigitte Stern and Guido Santiago Tawil are rejected
  Jun 03, 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
• ANALYSIS: ICSID Committee rejects bid to annul award in Peruvian energy tax stabilization dispute
  Mar 31, 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
• Challenge to popular arbitrator Brigitte Stern is rejected; colleagues see no grounds for disqualification due to multiple appointments by Venezuela and non-disclosure
  Jan 04, 2011
• One challenge to oft-appointed arbitrator Prof. Brigitte Stern is rejected (in Slovak case), but others arise
  Nov 25, 2010
• Preliminary Objections cleared away in Pacific Rim's CAFTA mining claim, more battles over jurisdiction may loom
  Aug 05, 2010
• Arbitrators selected to hear contentious El Salvador mining arbitration; claimant’s nominee chosen in parallel arbitration
  Nov 30, 2009
• ANALYSIS: Rejection of annulment requests in M.C.I. and Azurix cases point to a high bar when it comes to overturning ICSID awards
  Nov 13, 2009
• ANALYSIS: Tribunal grapples with the meaning and extent of tax stabilization in Duke v. Peru contract arbitration
  Aug 26, 2008
• ICSID tribunal awards $18.4 Million to Duke Energy for breach of tax stability pledges by Peru; Other claims rejected
  Aug 26, 2008