Tom jones b” monday, 22 february 2016

Boies Schiller & Flexnerbs head of international arbitration Wendy Miles QC, German practitioner Anne K Hoffmann and Argentine academic MC3nica Pinto are among the arbitrators to have received their first-ever ICSID appointments in recent weeks.

Wendy Miles, Anne K Hoffmann and MC3nica Pinto

Since GARbs last round up in December, new panels have been formed in 15 cases, including claims against Uganda, Gambia, Kazakhstan and Bulgaria and a number of solar cases against Spain. There were also annulment proceedings instigated by Zimbabwe and Venezuela.

Miles, who joined Boies Schiller from Wilmer Cutler Pickering Hale and Dorr in 2014, has been asked to chair the panel that will hear an Energy Charter Treaty claimbrought by Czech energy company Energo-Pro against Bulgaria over regulatory reforms to energy prices. The claimants have appointed Chilean arbitrator Francisco Orrego VicuC1a, while the state has nominated French professor Alain Pellet.

Hoffmann, who is special counsel at Al Tamimi & Company in Dubai, has been appointed by Lebanon-born brothers Devincci and Issam Hourani to hear their claim against Kazakhstan over the alleged expropriation of a pharmaceuticals plant. Germanybs Klaus Sachs chairs the panel, which also includes Canadian arbitrator J Christopher Thomas QC as the statebs appointee.

Spain has appointed Pinto, a professor of international law at the University of Buenos Aires, to hear a claim by Japanese solar investor JGC Corporation b one of 23 pending ICSID claims against the state over reforms to its renewable energy sector. Koreabs Hi-Taek Shin chairs the panel, with German arbitrator Rudolf Dolzerappointed by the investor.

Chinese national Zhidong Chen, a professor at Fudan University and legal counsel for the Shanghai municipal government, has also received his first appointment at the centre. He is sitting on an ad hoc committee that will hear Gambiabs petition to annul a US$23 million award in favour of mining company Carnegie Minerals. Canadian-New Zealander Donald McRae of 20 Essex Street is president, with Bernardo Cremades of Spain completing the panel.

The final newcomer in this round-up is Egyptian Hussein Hassouna, a former ambassador of the Arab League to the US. He is sitting on another ad hoc committee hearing Barbadian fertiliser company Gambrinus Corpbs petition to annul an award from last year that threw out its US$150 million claim against Venezuela for lack of jurisdiction. The committee is chaired by Malaysian arbitrator Cecil Abraham, who launched his own boutique in October last year. Australiabs Michael Pryles is the other panellist.

Joan Donoghue, a US judge at the International Court of Justice, has received her second-ever arbitrator appointment at the centre. She is chairing the panel in another solar case against Spain brought by Dusseldorf-based SolEs Badajoz. The investor has appointed Bulgariabs Stanimir Alexandrov, partner at Sidley Austin in Washington, DC, while French independent arbitrator Anna Joubin-Bret has been appointed by Spain. Unusually for an ICJ judge, Donoghuebs previous appointment at ICSID was as a claimant-appointed arbitrator in a now-concluded case against Indonesia.

Australian arbitrator Zachary Douglas QC has been appointed by Venezuela to hear a claim by subsidiaries of the USbs Koch Industries against Venezuela. He replaces the statebs original appointee, Florentino Feliciano of the Philippines, who died in December. The tribunal, which includes the UKbs VV Veeder QC and Canadabs Mark Lalonde, held hearings on the merits last year but has yet to issue its final award.

Veeder has also appointed by a Dutch subsidiary of French oil company Total to hear its claim against Uganda under the Netherlands-Uganda bilateral investment treaty. Lalive partner Veijo Heiskanen chairs the panel, while Bangladeshi arbitrator Kamal Hossain is the statebs appointee.

Heiskanenalso presides over a pair of ad hoc committees hearing Zimbabwebs request to annul two awards issued last year, which required the state to restore agricultural estates seized as part of President Robert Mugabebs bracially discriminatoryb land reform programme and pay compensation. He is joined by Jean Kalicki b who recently left Arnold & Porter to set up as an independent arbitrator b and Moroccobs Azzedine Kettani.

Canadian arbitrator David Haigh has joined panels in three new cases, including a claim by Omanbs biggest sovereign wealth fund against Bulgaria to recover losses relating to the collapse of a bank. The UKbs Vaughan Lowe QC of Essex Court Chambers in London is chairing, with Francebs Brigitte Stern appointed by the state.

Haigh has also been appointed by solar investor 9REN Holding to hear another case against Spain. He is joined by another Canadian, Ian Binnie QC, who is chairing, and Veeder as Spainbs appointee. GAR reported last month on new ICSID panels formed in three other solar cases against Spain.

Stadtwerke MC (ICSID Case No. ARB/15/1)

Tribunal constituted 16 December

  • Jeswald Salacuse (US) (Chair)
  • Kaj Hober (Sweden) (appointed by the investors)
  • Zachary Douglas (Australia) (appointed by Spain

Total E & P Uganda BV v Republic of Uganda (ICSID Case No. ARB/15/11)

Tribunal constituted 17 December

  • Veijo Heiskanen (Finland) (Chair)
  • VV Veeder QC (UK) (appointed by Total)
  • Kamal Hossain (Bangladesh) (appointed by Uganda)

Bernhard von Pezold and others v Zimbabwe (ICSID Case No ARB/10/15) andBorder Timbers Limited, Timber Products International (Private) Limited, and Hangani Developments Co (Private) Limited v Zimbabwe (ICSID Case No ARB/10/25)

Ad hoc committee constituted 21 December

  • Veijo Heiskanen (Finland) (President)
  • Jean Kalicki (US)
  • Azzedine Kettani (Morocco)

JGC Corporation v Kingdom of Spain (ICSID Case No. ARB/15/27)

Tribunal constituted 4 January

  • Hi-Taek Shin (Korea) (Chair)
  • Rudolf Dolzer (Germany) (appointed by JGC)
  • MC3nica Pinto (Argentina) (appointed by Spain)

Gambrinus Corp. v Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/31)

Ad hoc committee formed 15 January

  • Cecil Abraham (Malaysia) (President)
  • Hussein Hassouna (Egypt)
  • Michael Pryles (US)

Matthias Kruck and others v Kingdom of Spain (ICSID Case No. ARB/15/23)

Tribunal formed 19 January

  • Vaughan Lowe QC (UK) (Chair)
  • Gary Born (US) (appointed by the investors)
  • Zachary Douglas (Australia) (appointed by Spain)

E.ON SE, E.ON Finanzanlagen GmbH and E.ON Iberia Holding GmbH v Kingdom of Spain (ICSID Case No. ARB/15/35)

Tribunal formed 21 January

  • Mark Kantor (US) (Chair)
  • Francisco Orrego VicuC1a (Chile) (appointed by E.ON)
  • Laurence Boisson de Chazournes (Switzerland) (appointed by Spain)

Cavalum v Spain (ICSID Case No. ARB/15/34)

Tribunal formed 22 January

  • David Haigh (Canada) (Chair)
  • Lawrence Collins (UK) (appointed by Cavalum)
  • Daniel Bethlehem QC (UK) (appointed by Spain)

Carnegie Minerals (Gambia) Limited v Republic of The Gambia (ICSID Case No. ARB/09/19)

Ad hoc committee formed 22 January

  • Donald McRae (Canada/New Zealand) (President)
  • Zhidong Chen (China)
  • Bernardo Cremades (Spain)

Koch Minerals SC rl and Koch Nitrogen International SC rl v Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/19)

Tribunal reconstituted 1 February

  • VV Veeder QC (UK) (Chair)
  • Marc Lalonde (Canada) (appointed by Koch)
  • Zachary Douglas (Australia)*(appointed by Venezuela)

*Appointed following the passing away of Florentino Feliciano (Philippines)

9REN Holding S.a.r.l v Kingdom of Spain (ICSID Case No. ARB/15/15)

Tribunal formed 8 February

  • Ian Binnie QC (Canada) (Chair)
  • David Haigh QC (Canada) (appointed by 9REN)
  • VV Veeder QC (UK) (appointed by Spain)

ENERGO-PRO a.s. v Republic of Bulgaria (ICSID Case No. ARB/15/19)

Tribunal formed 9 February

  • Wendy Miles (New Zealand) (Chair)
  • Francisco Orrego VicuC1a (Chile) (appointed by ENERGO-PRO)
  • Alain Pellet (France) (appointed by Bulgaria)

State General Reserve Fund of the Sultanate of Oman v Republic of Bulgaria (ICSID Case No. ARB/15/43)

Tribunal formed 16 February

  • Vaughan Lowe QC (UK) (Chair)
  • David Haigh (Canada) (appointed by Oman state fund)
  • Brigitte Stern (France) (appointed by Bulgaria)

SolEs Badajoz GmbH v Kingdom of Spain (ICSID Case No. ARB/15/38)

Tribunal formed 16 February

  • Joan Donoghue (US) (Chair)
  • Stanimir Alexandrov (Bulgaria) (appointed by SolEs)
  • Anna Joubin-Bret (France) (appointed by Spain)

Devincci Salah Hourani and Issam Salah Hourani v Republic of Kazakhstan (ICSID Case No. ARB/15/13)

Tribunal formed 17 February

  • Klaus Sachs (Germany) (Chair)
  • Anne K Hoffman (Germany) (appointed by the Hourani brothers)
  • J Christopher Thomas (Canada) (appointed by Kazakhstan)