David A.R. Williams - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT David A.R. Williams

• Analysis: State succession takes centre-stage in arbitration between Sudan’s state-owned oil company and newly-independent South Sudan
  Oct 21, 2022
• Looking Back: Tribunal in Occidental v. Ecuador rejected provisional measures request, finding that claim for specific performance did not qualify as a right to be protected
  Aug 20, 2022
• Investigation: As Yemen’s oil sector crumbles due to armed conflict, numerous arbitrations by Chinese, Indian and Western investors have quietly played out
  Aug 03, 2022
• Ethiopia is facing previously undisclosed treaty arbitration, with a tribunal already in place
  Jun 20, 2022
• [Updated with new document] Iraq Round-Up: Iraq joins Mauritius Convention and New York Convention, an under-the-radar 26 billion USD dispute, and updates on other pending proceedings
  Oct 21, 2021
• Farmers file to enforce ICSID award against Zimbabwe, while the state struggles to pay compensation for land expropriations
  Jul 26, 2021
• UK High Court decides that Pakistani Province cannot raise corruption allegations that were not aired during the arbitration process
  Jul 06, 2021
• Analysis: UNCITRAL tribunal finds that revocation of land title in violation of domestic law amounts to an expropriation under the Italy-Tanzania BIT
  May 06, 2021
• [Updated with a copy of the Award] Tribunal in previously-unseen award against Russia upheld jurisdiction over Crimea-related claims, and awarded over 1.3 billion USD in compensation
  Apr 13, 2021
• Crimea-related 1 billion USD award against Russia is set aside, as Paris court finds that the tribunal lacked jurisdiction
  Mar 30, 2021
• Easing of Qatar-Saudi Arabia tensions could affect treaty-based arbitrations
  Jan 14, 2021
• OIC round up: An update on pending arbitration cases lodged under the OIC Investment Agreement
  Aug 11, 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
• Poland prevails in treaty-based dispute over historic military barracks in the city of Warsaw
  May 01, 2020
• Sunlodges expropriation case against Tanzania comes to an end
  Jan 23, 2020
• Vale v. BSGR LCIA award survives set aside bid in London
  Dec 02, 2019
• Analysis: in previously-confidential SolEs Badajoz v. Spain award, arbitrators lay out reasons for finding jurisdiction and awarding €40 million to investor for breach of the ECT
  Sep 04, 2019
• PCA taps former Kenyan Attorney General to serve as appointing authority for UNCITRAL arbitration claim against South Sudan; sole arbitrator now in place
  Aug 28, 2019
• Russia asks tribunal to revise earlier findings, citing new evidence that supposedly casts doubt on tribunal's jurisdiction (and thus its $1.3 billion award)
  Aug 22, 2019
• Breaking: Spain ordered to pay Sol Es Badajoz GmbH 40+ million (EUR) in Energy Charter Treaty case heard by Donoghue, Williams and Sacerdoti
  Aug 01, 2019
• Analysis: Drymer-chaired tribunal unanimously rejects intra-EU objection and see control by minority shareholder, but arbitrators disagree on whether or not Estonia breached claimants’ legitimate expectations and right to due process in water dispute
  Jul 12, 2019
• Award (and dissent) from United Utilities v. Estonia arbitration are now available
  Jul 09, 2019
• Estonia escapes liability in Dutch bilateral investment treaty arbitration with United Utilities
  Jun 22, 2019
• Vale v. BSGR award offers fuller window into previously-reported arbitrator challenges, including a detour into UK Court
  May 02, 2019
• ANALYSIS: unpacking the reasoning of the Vale v. BSGR tribunal with respect to corruption and misrepresentation
  May 02, 2019
• ICC Tribunal finds in favour of energy consortium in billion dollar tax dispute with Philippines
  Apr 25, 2019
• After ouster of chair, but failed effort by BSG to remove remaining arbitrators, LCIA tribunal weighs in with $1.25+ billion award in favour of Vale mining firm
  Apr 10, 2019
• Swissbourgh's second arbitration against Lesotho come to an end, as claimants pivot to another avenue of possible redress for decades-old loss of mining project
  Apr 03, 2019
• ANALYSIS: Singapore appeal court grapples with various investment treaty arbitration concepts including "related to", estoppel, unilateral declarations, territorial nexus and exhaustion of remedies
  Nov 29, 2018
• Singapore Court of Appeal affirms that Swissbourgh v. Lesotho award must be set aside; Williams and Bishop had ruled in favor of investor under unusual Southern African treaty, but Singapore court sees no jurisdiction to do so
  Nov 27, 2018
• Russian Federation is hit with $1.3 billion dollar UNCITRAL bilateral investment treaty award
  Nov 26, 2018
• Analysis: in its review of von Pezold and Border Timber v. Zimbabwe awards, ad hoc committee rejects Zimbabwe's illegality and arbitrator impartiality complaints
  Nov 23, 2018
• Annulment committee weighs in with verdict on Zimbabwe awards
  Nov 22, 2018
• Charles Brower disqualified from arbitral tribunal over public comments
  Nov 05, 2018
• Challenge against three high-profile arbitrators is spurred by misdirected email to arbitral secretary; Gary Born submits expert report in defence of arbitrators
  Nov 05, 2018
• BSGR v. Republic of Guinea: as case enters its final stage, a primer on the parties’ debate about the proof and consequences of corruption
  Nov 05, 2018
• Foreign investor asks arbitrators to enjoin Philippines Supreme Court proceedings
  Sep 03, 2018
• Heiskanen is tapped to chair Tanzania BIT arbitration
  Jul 30, 2018
• Vietnam round-up: government emerges unscathed from another UNCITRAL BIT arbitration, with a million dollar costs order; but faces at least three other pending treaty claims 
  May 18, 2018
• As ICSID award looms, claimant in water utility tariff dispute files a parallel claim with the European Court of Human Rights
  May 17, 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
• 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
• Arbitrators reshuffled in investment treaty claims against Belgium and Spain
  Dec 15, 2017
• In previously confidential rulings, stay of enforcement was lifted in Zimbabwe case, and ICSID panel gave the state another shot at effecting restitution of seized properties - but no payment or restitution was forthcoming
  Aug 27, 2017
• In-Depth (Part 1 of 2): Singapore judge sees investors as clearing temporal jurisdiction hurdle in fight with Lesotho, but disagrees that right to claim before SADC standing tribunal was a protected investment
  Aug 17, 2017
• In-Depth (Part 2 of 2): Singapore judge rejects arbitrators' findings that domestic remedies were exhausted in Lesotho, and that SADC investment treaty is so broad as to allow domestic investors to sue their own state
  Aug 17, 2017
• Singapore Court rules that Bishop and Williams over-reached in taking jurisdiction over claims under SADC investment protocol
  Aug 15, 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
• In jurisdiction ruling, arbitrators rule that Russia is obliged under BIT to protect Ukrainian investors in Crimea following annexation
  Mar 09, 2017
• An update on the Swissbourgh v. Lesotho dispute
  Jan 25, 2017
• Heiskanen tapped to chair Ghana mining arbitration
  Oct 13, 2016
• After denial of justice finding, a new tribunal is finalized for next phase of Lesotho mining dispute
  Sep 14, 2016
• Klaus Sachs selected to chair Energy Charter Treaty dispute
  Sep 14, 2016
• In the first of a possible wave of BIT claims by Ukraine state-owned entities against Russia, an UNCITRAL tribunal is finalized
  Aug 14, 2016
• UNCITRAL tribunal is finalized to hear second investor claim against Kazakhstan under long-dormant USSR-Canada investment treaty
  Aug 07, 2016
• Shell files investment treaty claim against the Philippines
  Jul 20, 2016
• INVESTIGATION: Lesotho is held liable for investment treaty breach arising out of its role in hobbling a regional tribunal that had been hearing expropriation case
  Jul 14, 2016
• In new ruling on covered investors and investments, a pair of arbitrators deem Southern African Development Community's Finance and Investment Protocol to have expansive scope
  Jul 14, 2016
• Multilateral investment treaty's exhaustion of remedies requirement does not hobble case because local courts couldn’t offer same relief available before international tribunal
  Jul 14, 2016
• Arbitrators hold state liable for a denial of justice occurring in relation to actions taken in international forums; "rule of law" treaty obligation also breached
  Jul 14, 2016
• Philip Morris v. Australia award surfaces; tribunal adopted looser test of abuse than seen in Pac Rim case, and deemed investor's corporate restructuring to be abusive
  May 17, 2016
• ICSID tribunal bars parties in Estonian water dispute from publicly releasing legal filings, but leaves door open to some general commenting on the case
  May 16, 2016
• Part 1 of 5: In now-public 300+ page Zimbabwe ruling, ICSID tribunal ordered restitution of expropriated farms, as well as tens of millions in further damages
  Feb 10, 2016
• Part 2 of 5: In von Pezold v. Zimbabwe ruling, arbitrators decided whether to attribute settler land invasion conduct to government, and considered role of human rights law
  Feb 10, 2016
• Part 3 of 5: Arbitrators find mere non-payment of compensation renders takings unlawful, and fair treatment is denied due to breach of expectation of non-expropriation
  Feb 10, 2016
• Part 4 of 5: In unsuccessful defence of its expropriation of Swiss/German investors, Zimbabwe pleaded customary defence of necessity, but tribunal just sees a regime pursuing political survival
  Feb 10, 2016
• Part 5 of 5: Tribunal's damages holdings in Zimbabwe case includes a discounted cash flow award, as well as orders of restitution and moral damages due to physical mistreatment
  Feb 10, 2016
• Venezuela fails in effort to block confirmation of $700+ million award in D.C., as Judge is unconvinced of due process failings in ICSID arbitration
  Dec 01, 2015
• In rejecting claims of U.S. investor against Oman, arbitrators reckon with free trade agreement's narrow definition of what constitutes a "state-enterprise"
  Nov 04, 2015
• In new ICSID award, arbitrators nod to environmental provisions in U.S.-Oman FTA, and see no breach by Oman due to environmental policing of investor
  Nov 04, 2015
• Zimbabwe moves to annul arbitral awards rendered in favour of expropriated Swiss & German investors; separate $25+ million award still unpaid
  Nov 04, 2015
• Round-up of known claims under European Development Fund arbitration rules
  Aug 03, 2015
• Poland claims round-up: at least a dozen investment treaty arbitrations
  Jul 29, 2015
• Prospect of an intra-EU BIT objection by respondent-state is not enough to justify bifurcating jurisdictional phase of arbitration
  Jul 03, 2015
• Reasons emerge for dismissal of claim brought by Chinese insurer Ping An against Belgium over Fortis bank bail-out
  May 28, 2015
• As jurisdictional decision surfaces in Mongolia case, light is shed on reading of local investment statute and Energy Charter umbrella clause
  May 15, 2015
• Fortier, Hanotiau and Williams reject Mongolia's attempt to deny ECT benefits to a Canadian-controlled Dutch shell company
  May 15, 2015
• A look inside the liability and damages holdings in the Khan Resources v. Mongolia uranium arbitration
  May 12, 2015
• Belgium prevails in billion dollar ICSID arbitration brought by Chinese investors, Ping An, in failed Fortis bank
  May 01, 2015
• As Sempra case settles, Argentina is hit with $405 million bill in Buenos Aires water dispute; next phase of case could see arbitrator ethics fight
  Apr 10, 2015
• European claims update: tribunals finalized in Estonia, Albania and Spain arbitrations
  Mar 24, 2015
• In new award, Mongolia ordered to pay $80 million plus interest and costs to Canadian uranium miner
  Mar 02, 2015
• Southern Africa: updates on Lesotho, Swaziland, Mozambique and Zimbabwe investment disputes
  Feb 04, 2015
• Paris Court weighs in on $700 million Gold Reserve award following arbitrators' earlier dismissal of parties' corrections request
  Jan 30, 2015
• ICSID panel cite failings of Gold Reserve, but find that Venezuela overstepped by failing to accord due process
  Sep 28, 2014
• In Gold Reserve case, weight placed on Hugo Chavez's statements; Venezuela's heightened political risk premium should not reduce damages
  Sep 28, 2014
• Investor in Venezuelan mine awarded $700+ million for breach of Canada-Venezuela bilateral investment treaty
  Sep 23, 2014
• In newly disclosed Venezuela ruling in Nova Scotia Power 2 case, arbitrators are loath to put weight on state's prior treaty practice; intangible investments and ‘risk’ criterion also analyzed
  Sep 10, 2014
• Venezuela secures dismissal of $180 million ICSID arbitration brought by Canadian firm, Nova Scotia Power
  May 02, 2014
• Mongolia round-up: hearings loom in one investment arbitration, as another remains stalled due to arbitrator resignation
  Nov 01, 2013
• Chairman steps down from SADC investor-state arbitration after challenge, and appointing authority (Marc Lalonde) picks new chair
  Oct 07, 2013
• Caribbean Court of Justice set out its views on enforcement of foreign arbitral awards in region
  Jul 31, 2013
• ICSID arbitrators named for UAB Energia v. Latvia and Georg Gavrilovic v. Croatia cases; replacements picked for Zimbabwe and Peru tribunals
  Jul 07, 2013
• LCIA award at center of Caribbean Court proceedings had deemed tax waivers to be valid despite their having been kept out of public eye
  Apr 30, 2013
• ICSID annulment notes: Sri Lanka seeks to overturn award in favour of Deutsche Bank; panelists named to hear Daimler’s challenge to Argentine verdict
  Mar 12, 2013
• Chair is named in high-stakes Ping An v. Belgium arbitration over Fortis Bank shareholding
  Feb 28, 2013
• Sri Lanka breached BIT due to Central Bank and Supreme Court actions; dissenter says highest court did not act in bad faith in financial derivatives dispute
  Feb 21, 2013
• On jurisdiction, arbitrators disagree whether a hedging agreement is an investment covered by bilateral investment treaty and ICSID Convention
  Feb 21, 2013
• On merits, tribunal splits on deference to be shown to Sri Lanka Supreme Court – and whether a debt is expropriated if contractual dispute forum is available
  Feb 21, 2013
• ICSID Tribunals selected in Dan Cake v. Hungary and Sudapet v. South Sudan arbitrations
  Feb 06, 2013
• Arbitrators selected to hear expropriation claim filed by Chinese financial services company against Belgium
  Jan 09, 2013
• Personnel picked for several ICSID annulment committees; Philip Morris v. Australia case leads to resignation of a pair of arbitrators
  Dec 21, 2012
• ICSID tribunal offers split verdict in $60 million Deutsche Bank v. Sri Lanka oil hedging controversy
  Nov 05, 2012
• After UNCITRAL BIT arbitration clears jurisdictional hurdle, Ukraine agrees to settlement of an investment treaty claim (Laskaridis v. Ukraine)
  Oct 12, 2012
• Liability ruling in Oxy v. Ecuador arbitration puts spotlight on need for states to mete out treatment that is proportionate
  Oct 09, 2012
• Damages analysis in Oxy v. Ecuador award takes a detour into legality of controversial windfall energy measure
  Oct 09, 2012
• Dissent by Brigitte Stern offers possible blueprint for Ecuador’s bid to annul several holdings in Occidental award
  Oct 09, 2012
• Ecuador must pay $1.76 billion US to Occidental for expropriation of oil investment; largest award ever in bilateral investment treaty case at ICSID
  Oct 05, 2012
• Cases Closed: ICSID Claims against Senegal and Argentina suspended; Bulgarian case is dropped due to investor’s lack of funding
  Sep 09, 2012
• ANALYSIS: Arbitrators continue to debate whether states deserve a “margin of appreciation” when it comes to how to comply with BIT obligations
  Aug 01, 2012
• Amicus submission rejected in Zimbabwe case; human rights law held inapplicable to ICSID proceedings
  Jun 27, 2012
• ANALYSIS: Tribunal’s reading of amicus curiae tests could make life difficult for antagonistic amici - and those seeking to raise novel concerns such as human rights law
  Jun 27, 2012
• Effort by Zimbabwe to conduct spot-inspection of claimants’ documents is reportedly thwarted by arbitral tribunal’s order
  Jun 19, 2012
• ICSID Tribunals constituted in Garanti Koza v. Turkmenistan, Tamimi v. Oman, and Gambrinus v. Venezuela
  Apr 30, 2012
• Settlement round-Up: Republic of Georgia resolves dispute, Algeria settles windfall levy claims on eve of arbitral award, and Venezuela pays for a nationalization
  Apr 19, 2012
• ICSID Round-Up: Argentina bondholders tribunal reconstituted, Hungary tribunal picked, and two new annulment panels chosen
  Jan 31, 2012
• New International Investment Law Works: May 2011 to January 2012
  Jan 13, 2012
• ANALYSIS: Australian defense strategy puts spotlight on timing of Philip Morris’s corporate structuring moves, claims “abuse” of investment treaty
  Dec 31, 2011
• Venezuela claims round-up: three tribunals named, two new arbitrations filed by victims of nationalizations, and one investor looks for funding
  Oct 12, 2011
• Adjudicators diverge in concurrent claims over Sri Lankan oil hedge contract, as a third related claim at ICSID heads into hearings
  Aug 19, 2011
• Venezuela prevails as claim for nationalization of telecoms investment is dismissed on jurisdictional grounds; six foreign investor claims against Venezuela registered in 2011 at ICSID
  Aug 04, 2011
• Philip Morris puts Australia on notice of treaty claim, but both parties decline to release documents; claim over tobacco regulations would be third treaty-based investor-state claim filed by Philip Morris since 2010
  Jun 30, 2011
• New panel picked to hear resubmitted claim by Enron creditors against Argentina
  Jun 30, 2011
• ICSID tribunals convened in Congo mining dispute, Serbian casino case, Tanzanian power plant dispute, and rematch between Sempra and Argentina
  May 03, 2011
• Czech Republic prevails in arbitration with Canadian investor who complained of Czech officialdom’s handling of his dispute with local business partner
  Dec 16, 2010
• Arbitrators selected to resolve latest Zimbabwe expropriation claim
  Dec 16, 2010
• Georgia amends foreign investment law so as to remove international arbitration and legal stabilization; one claim is pending under the law
  Jul 02, 2010
• UNCITRAL treaty claims against Turkey for Five Billion Dollars are dismissed
  Jul 02, 2010
• Profiling the arbitrators selected in Maersk v. Algeria, Urbaser v. Argentina, and Gold Reserve v. Venezuela
  Mar 18, 2010
• Arbitrator Charles N. Brower resigns in TANESCO v. IPTL arbitration, after ICSID tribunal dead-locks on challenge
  Mar 15, 2010
• Some arbitrators eschew counsel work but for various reasons
  Feb 25, 2010
• Tribunal declines to remove counsel in ICSID case against Romania; two earlier cases saw similar dilemma
  Jan 16, 2010
• Turkey prevails in one of three claims arising out of termination of Uzan family-owned electricity concession
  Aug 17, 2009
• ICSID tribunals picked in CEMEX v. Venezuela and Deutsche Bank v. Sri Lanka arbitrations
  Jul 17, 2009
• Divided ICSID panel offers sharply divergent interpretations of treaty concluded by Slovenia and Croatia
  Jun 29, 2009
• Majority sides with claimants in Siag and Vecchi case, and awards $74.5 Million for Egyptian seizure of resort land
  Jun 09, 2009
• Tribunal in Siag and Vecchi v. Egypt case splits on allegations of fraud or impropriety
  Jun 09, 2009
• UNCITRAL arbitration between Greek shipping company Laskaridis and Ukraine quietly moves forward
  Feb 10, 2009
• In-Depth: Turkey resists effort by two claimants to withdraw ICSID cases in electricity company disputes
  Feb 10, 2009
• Barrister may not appear as counsel for state in arbitration where another member of chambers sits on tribunal
  Nov 25, 2008
• Tribunal selected in Canadian firm’s UNCITRAL-based BIT arbitration with Czech Republic
  Sep 08, 2008