Peter Tomka - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Peter Tomka

• International Court of Justice allows 32 countries to intervene in the Genocide Convention case between Ukraine and Russia; US application, however, is rejected
  Jun 13, 2023
• Analysis: ICC tribunal applies international law to pipeline agreements between Iraq and Turkey, finds that Turkey breached its obligation not to load oil in contravention of Iraq’s instruction, and upholds Turkey’s counterclaims
  Apr 13, 2023
• In Guyana v. Venezuela, ICJ finds that argument based on Monetary Gold principle is not covered by res judicata, but is unconvinced that this principle applies to the case
  Apr 07, 2023
• [Updated with a copy of the Award] Multi-billion-dollar pipeline arbitration between Iraq and Turkey concludes with an award
  Mar 27, 2023
• PCA tribunal awards over 105 million USD in compensation for breach of Barbados-Venezuela BIT
  Nov 16, 2022
• Kyrgyzstan is reportedly ordered to pay damages to Russian hydropower investor
  Jul 19, 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
• International Court of Justice finds that it has jurisdiction to examine facts that occurred after the instrument of consent had ceased to be in force
  Apr 22, 2022
• Analysis: Cremades-chaired tribunal finds conduct by Kazakhstan’s judiciary “questionable”, but deems it insufficiently flawed to amount to a denial of justice
  Apr 01, 2022
• Award in opaque arbitration against Kazakhstan surfaces, revealing reasons for dismissal of denial of justice claim
  Mar 29, 2022
• Analysis: ICJ orders Russia to suspend military operations based on the Genocide Convention; a minority of judges disagrees on the scope of the court's prima facie jurisdiction and the plausibility of Ukraine’s rights
  Mar 17, 2022
• ICJ issues provisional measures under Genocide Convention, ordering Russia to immediately suspend military operations in Ukraine
  Mar 16, 2022
• Analysis: International Court of Justice rules on compensation for unlawful war conduct, emphasizing that causation and burden of proof may vary depending on the circumstances
  Feb 22, 2022
• ICJ awards 325 million USD to the Democratic Republic of Congo over past military invasion
  Feb 09, 2022
• ICSID tribunal dismisses half-billion USD treaty claim against Kazakhstan
  Nov 29, 2021
• ICSID tribunal divides authority to represent insolvent claimant: court-appointed insolvency administrator will represent PNB Banka for most of the arbitration, but not in relation to the claim that the insolvency administrator’s appointment itself amounted to a treaty breach
  Sep 15, 2021
• US appeals court dismisses bid by trio of Chinese investors to resuscitate investment treaty award against Mongolia
  Aug 27, 2021
• Analysis: In recently-surfaced decision on intra-EU objection, tribunal finds no conflict between EU law and the ICSID Convention for jurisdictional purposes – but sees a “substantial overlap” between EU law and the BIT’s substantive provisions
  Jul 23, 2021
• Analysis: Ad hoc committee finds that parties cannot waive the tribunal’s duty to render a reasoned award, but ultimately upholds bulk of Perenco v. Ecuador award; two discrete damages calculations are annulled for failure to state reasons
  Jun 02, 2021
• Banking claim against Latvia proceeds to the next stage, as arbitrators render decision on bifurcated issues involving discussion of Brexit and intra-EU objection
  May 17, 2021
• Kazakhstan Round-Up: New threats, details about a mining award, and an update on other arbitration disputes against the state
  Apr 01, 2021
• New arbitrator is selected by China, following departure of its former nominee ICJ Judge Peter Tomka
  Mar 23, 2021
• Analysis: Tomka-chaired tribunal finds violation of non-impairment standard, but dismisses remaining claims arising out of Venezuelan oil and gas investment
  Feb 24, 2021
• Discriminatory distribution of dividends is found to breach non-impairment standard in long-running dispute over Venezuelan oil investment; remaining claims are dismissed
  Feb 19, 2021
• ICJ judge resigns from ICSID case involving China, following controversy over arbitral appointment
  Feb 09, 2021
• In Qatar v. UAE ICJ case, 11-6 majority finds that Convention against racial discrimination does not apply to differential treatment based on current nationality
  Feb 04, 2021
• Iran’s case against the United States at the ICJ is allowed to proceed, as judges dismiss abuse of process objection and leave “essential security” defence for the next stage
  Feb 04, 2021
• On heels of an ICJ Judge accepting China’s invitation to sit in investor-state arbitration, the Court makes public its guidelines designed to curb such appointments
  Dec 23, 2020
• Gabrielle Kaufmann-Kohler is tapped to chair treaty-based arbitration against China
  Nov 16, 2020
• Analysis: ORASCOM v. Algeria ad hoc committee finds that tribunal can validly derive admissibility rule from “purpose of investment treaty arbitration”
  Sep 21, 2020
• Breaking: ORASCOM v. Algeria award is upheld as ad hoc committee declines to second-guess decision on abuse of rights
  Sep 18, 2020
• Analysis: ICSID Chairman decides that he does not have the power to decide issues of representation in disqualification proceedings
  Jun 26, 2020
• Breaking: ICSID rejects proposal to disqualify all three tribunal members in PNB Banka v. Latvia arbitration
  Jun 17, 2020
• Analysis: Tribunal’s decision that a state-appointed insolvency administrator should represent PNB Banka in ICSID arbitration prompts DQ bid
  Feb 26, 2020
• UPDATED: ICSID ad hoc committee offers to extend stay of enforcement of $400+ million arbitral award, if respondent-state commits to pay award if annulment application is unsuccessful
  Feb 24, 2020
• [UPDATED WITH NEW DOCUMENTS] British nationals seek to disqualify all three members of an ICSID tribunal hearing Latvian banking dispute
  Feb 21, 2020
• Chinese investors fail to set aside adverse award in BIT case against Mongolia
  Jan 13, 2020
• Baltic Round-Up: An update on arbitration claims against Latvia and Lithuania
  Dec 09, 2019
• Ecuador seeks annulment of Perenco award
  Oct 06, 2019
• ANALYSIS: in quantum ruling, Perenco v. Ecuador tribunal awards damages for each breach independently, and relies on findings of independent expert to value Ecuador’s counterclaim for environmental remediation
  Sep 30, 2019
• Ecuador ordered to pay Perenco $449 million (US) for decade-old energy windfall levy, but investor must pay $54 million (US) towards environmental cleanup
  Sep 27, 2019
• Kyrgyzstan round-up: new tribunals, new disputes, and updates on multiple longer-running matters
  Apr 30, 2019
• An overview of our reporting from September-December 2018
  Jan 04, 2019
• BIT tribunal invites parties to offer views on the consequences of Brexit for purposes of an intra-EU objection to jurisdiction
  Dec 30, 2018
• ICJ President reveals that ICJ judges will not participate in investor-state arbitration in the future
  Oct 27, 2018
• Christopher Greenwood tapped by co-arbitrators to chair UNCITRAL investment treaty arbitration
  Oct 10, 2018
• [UPDATED] Latvia seeks to disqualify Stanimir Alexandrov from Norvik investment treaty arbitration
  Sep 24, 2018
• Antaris v. Czech Republic (Part 1): arbitrators find that Czech solar levy is not eligible for Energy Charter Treaty “tax measure” carve-out
  Jul 06, 2018
• Antaris v. Czech Republic (Part 2): on merits, tribunal finds that investment protection does not extend to “speculative” investors
  Jul 06, 2018
• Antaris v. Czech Republic (Part 3): Gary Born sees clearly guaranteed FiT payments and deplores use of “margin of appreciation” doctrine
  Jul 06, 2018
• Parties turn to James Spigelman to chair bank investor claim against Latvia
  Jul 06, 2018
• Replacement arbitrator is named by Kazakhstan after earlier nominee was disqualified
  Jun 19, 2018
• In now-public Devas v. India BIT award, arbitrators disagree on interpretation of “essential security interest” clause and extent to which national security concerns underlay state's conduct
  Jun 12, 2018
• Czech Republic prevails in latest treaty-based solar arbitration to reach a final ruling; we profile remaining cases where rulings are still expected
  May 03, 2018
• Czech solar award comes to light, offering clarity as to tribunal’s handling of jurisdictional questions - including whether “investor” must be defined in light of domestic law
  Jan 28, 2018
• For majority of Kaufmann-Kohler and Tomka in Czech solar case, investor had no legitimate expectation to fixed feed-in-tariffs
  Jan 28, 2018
• In dissent in Czech solar case, Gary Born sees a legitimate expectation to fixed feed-in-tariffs, and complains that co-arbitrators deprive state of ability to provide meaningful “legislative guarantees” to foreign investors
  Jan 28, 2018
• Heiskanen, Born and Thomas see some investment treaty breach in Czech solar case, but debate over remedies is held over for separate phase 
  Jan 26, 2018
• Tomka-chaired tribunal declines jurisdiction over Transban claim - but majority diverges from Fabrica tribunal, and sees no problem with investor consent given after Venezuela's ICSID denunciation notice
  Nov 22, 2017
• Three are named to review award in Orascom TMT v. Algeria
  Oct 30, 2017
• Czech Republic emerges victorious in first of a string of investment treaty arbitrations over solar energy changes
  Oct 13, 2017
• In-depth: a first look inside the now-surfaced award in the case of China Heilongjiang v. Mongolia award; claimants now pursuing set-aside
  Oct 01, 2017
• Oil consortium investor (Perenco) that pursued its own BIT arbitration fails in belated bid to be treated as alter ego of another claimant (Burlington) in order to escape environmental counterclaim process
  Aug 24, 2017
• Mongolia prevails in long-running Chinese BIT arbitration, as arbitrators distinguish their reading of constricted jurisdiction clause from more generous readings in prior cases 
  Jul 07, 2017
• Majority of Tomka and Fortier allow investor to use an MFN clause to pursue UNCITRAL arbitration against Venezuela
  Aug 14, 2016
• Investor secures disqualification of Argentine arbitrator Gabriel Bottini in UNCITRAL BIT arbitration
  Aug 14, 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
• Tulip v. Turkey award stands, as ad hoc committee is not convinced by investor’s attempts to challenge tribunal’s treatment of evidence or findings on attribution
  Jan 08, 2016
• Tribunal favours Ecuador in environmental counterclaim over Amazonian oilfields - in new development in ICSID arbitration Perenco v. Ecuador
  Aug 13, 2015
• Arbitrators see no authority to reopen and reconsider prior liability ruling in Ecuador windfall dispute: Perenco v. Ecuador
  Apr 13, 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
• Indirect French control of Bahamanian claimant is enough -- even without formal legal title -- to ground jurisdiction under France-Ecuador BIT in Perenco v. Ecuador arbitration
  Sep 23, 2014
• In Perenco v. Ecuador arbitration, 50% windfall levy on oil revenue does not breach participation contracts, but 99% levy does
  Sep 23, 2014
• In Perenco v. Ecuador case, investment treaty is breached by windfall levy once it becomes so onerous as to force renegotiation of contracts
  Sep 23, 2014
• Tribunal addresses flouted provisional measures in Perenco case; damages still to be heard, but comparisons with Burlington case come into focus
  Sep 23, 2014
• Brussels' latest intervention casts shadow over investment treaty arbitrations brought by jilted solar energy investors
  Sep 08, 2014
• ICSID rejects challenges to David Caron and Santiago Torres Bernardez in Transban v. Venezuela arbitration
  May 14, 2014
• Once again, an appointing authority is needed to finalize tribunal to hear investor claims against India
  Apr 21, 2014
• Ad-hoc treaty claim by Chinese investors vs. Mongolia is back on track following long delays arising out of arbitrator withdrawal
  Mar 27, 2014
• Arbitrator challenge is rejected in Koch v. Venezuela case, but two more challenges spring up in another Venezuela dispute
  Mar 11, 2014
• In shadow of mass solar claims, another UNCITRAL BIT arbitration quietly moves forward against Czech Republic
  Jan 10, 2014
• Following PCA decision, Czech Republic thwarts move by solar investors to sue in single arbitral proceeding; meanwhile Spain sees new solar claim at ICSID
  Jan 01, 2014
• Francisco Orrego Vicuna is disqualified from sitting in India BIT arbitration due to appearance of having fixed view as to meaning of “essential security” standard
  Oct 09, 2013
• Tribunal in place to hear latest BIT claim against India; ICJ Judge was asked to pick Gov’t arbitrator after missed deadline, but India eventually complied
  Apr 11, 2013
• Newly unearthed decision records reasons for rejection of bid to disqualify counsel in Fraport v. Philippines arbitration
  Apr 03, 2013
• Ecuador liable for expropriation after seizing oil-fields, but many other measures fall short of breaching treaty protections owed to Burlington
  Dec 21, 2012
• As foreign investors arbitrate with India, the International Court of Justice could play an unusual role
  Nov 12, 2012
• Slovakia releases arbitral award pursuant to request; last-minute arbitrator challenge had delayed closing of HICEE case
  Dec 01, 2011
• Majority of arbitral tribunal relies on home state government memo purporting to explain ambiguous Slovak investment treaty clause
  Dec 01, 2011
• Arbitrators named in investment arbitration claims against Zimbabwe, Indonesia and Pakistan
  Sep 27, 2011
• Czech Republic announces another intra-EU arbitration victory in fight over golf resort
  Sep 23, 2011
• Tribunal has jurisdiction over Perenco's claims that Ecuador’s windfall oil levy breaches contract; jurisdiction under investment treaty to be debated further, as France is invited to table negotiating papers
  Jul 07, 2011
• ANALYSIS: ICSID Committee rejects bid to annul award in Peruvian energy tax stabilization dispute
  Mar 31, 2011
• Canada moves to terminate NAFTA claim, after claimant fails to post funds for arbitration
  May 26, 2010
• ICSID annulment committee declines to overturn arbitral award in favour of Ecuador
  Nov 13, 2009
• Arbitrators selected in Billion Dollar UNCITRAL claim against Slovak Republic
  Nov 13, 2009
• Divided ICSID annulment committee annuls Malaysian Salvors award; controversial 2007 award had declined jurisdiction
  Apr 19, 2009
• Tribunals appointed in Alapi v. Turkey, Mobil v. Canada, Caratube v. Kazakhstan, iZee v. Georgia, and Duke v. Peru (annulment)
  Mar 17, 2009