{"id":457,"date":"2010-03-10T17:37:00","date_gmt":"2010-03-10T22:37:00","guid":{"rendered":"http:\/\/itn.mattrock.ca\/2010\/03\/10\/tribunals-have-been-constituted-in-icsid-cases-involving-egypt-cambodia-and-argentina-4\/"},"modified":"2013-01-23T08:40:18","modified_gmt":"2013-01-23T14:40:18","slug":"tribunals-have-been-constituted-in-icsid-cases-involving-egypt-cambodia-and-argentina-4","status":"publish","type":"post","link":"https:\/\/www.iisd.org\/itn\/2010\/03\/10\/tribunals-have-been-constituted-in-icsid-cases-involving-egypt-cambodia-and-argentina-4\/","title":{"rendered":"Tribunals have been constituted in ICSID cases involving Egypt, Cambodia and Argentina"},"content":{"rendered":"

By Elizabeth Whitsitt<\/strong><\/span><\/p>\n

March 11, 2010<\/strong><\/span><\/p>\n

In the past two months, arbitral tribunals have been convened in a few ICSID<\/span> arbitrations.<\/span><\/p>\n

Most recently, a tribunal was constituted in a dispute initiated by an American investor against the Republic of Egypt in relation to the alleged expropriation of its investment in the Arab Republic\u2019s hotel and tourism industry.<\/span><\/p>\n

In the H&H Enterprises Investments, Inc. v. Egypt matter, under the US – Egypt BIT<\/span> (1992), the claimant selected Veijo Heiskanen, and the respondent nominated Hamid G. Gharavi.\u00a0 Spanish lawyer and arbitrator, Bernardo M. Cremades will serve as President.*<\/span><\/p>\n

Additionally, in an ICSID case commenced by Spanish investor Grupo Marsans over Argentina\u2019s alleged expropriation of the country\u2019s largest airline, Aerolineas Argentinas, the claimants have nominated Henri C. \u00c1lvarez and the respondent has chosen Kamal Hossain.\u00a0 Thomas Buergenthal has been selected as President of the Tribunal.**<\/span><\/p>\n

Finally, in a claim involving Cambodia\u2019s electricity generation and distribution sector, the claimant has appointed John Beechey, and the respondent has selected British lawyer, Toby Landau.\u00a0 UK lawyer and arbitrator Neil Kaplan will serve as President of the tribunal.\u00a0 ***<\/span><\/p>\n

* Bernardo M. Cremades is a partner at the Spanish law firm B. Cremades y Asociados and Catedr\u00e1tico of Universidad de Madrid.\u00a0 Mr. Cremades has acted as counsel, party-appointed arbitrator and president of arbitral tribunals in a number of disputes.\u00a0 Currently, he is a panel member in a variety of ICSID cases, including Fraport AG Frankfurt Airport v. Philippines, Gustav F W Hamester v. Ghana, Marion Unglaube v. Costa Rica, Reinhard Hans Unglaube v. Costa Rica, Quadrant Pacific v. Costa Rica, and Inmaris Perestroika v. Ukraine.\u00a0 Mr. Cremades has also presided over tribunals in many disputes, including the consolidation tribunal in Corn Products International. v. Mexico, Liberian Eastern Timber Corporation v. Liberia, Lanco v. Argentina, Waste Management v. Mexico, Soci\u00e9t\u00e9 d’Exploitation des Mines d’Or de Sadiola S.A. v. Mali, and Archer Daniels Midland Company v. Mexico.<\/span><\/p>\n

Veijo Heikanen is a partner with Swiss law firm, Lalive. He specializes in international arbitration, including investment arbitration, and public international law. He has acted as counsel and arbitrator in numerous international arbitration proceedings.\u00a0 It appears that this is Mr. Heikanen\u2019s first ICSID tribunal appointment.<\/span><\/p>\n

Hamid G. Gharavi is founding partner of the firm Derains & Gharavi.\u00a0 He has been appointed to the LCIA Court, the Commission on Arbitration of the ICC<\/span> and the Panel of ICSID Arbitrators.\u00a0 In addition to H&H Enterprises v. Egypt, Mr. Gharavi is an ICSID arbitrator in Shell Nigeria Ultra Deep Limited v. Nigeria.<\/span><\/p>\n

** Judge Buergenthal is the American judge serving on the International Court of Justice.\u00a0 In addition, he has been a panelist in numerous ICSID arbitrations, including Vivendi v. Argentina, Lucchetti v. Peru, and Maffezini v. Spain. Judge Buergenthal also served on the annulment committee in Gruslin v. Malaysia and is currently presiding in the ICSID dispute between Chevron and Bangladesh.<\/span><\/p>\n

Mr. Alvarez is a Partner with the law firm of Fasken Martineau. He also sits as an arbitrator in ongoing ICSID disputes against Argentina and Turkey (i.e. Total S.A. v. Argentina and Libananco Holdings v. Turkey).\u00a0 Mr. Alvarez has also sat on arbitral panels in Compagnie Mini\u00e8re Internationale v. Peru, Aguas del Tunari v. Bolivia, Camuzzi v. Argentina, Compa\u00f1\u00eda General de Electricidad. v. Argentina, and Noble Energy v. Ecuador.\u00a0 Mr. Alvarez was also President of the ICSID tribunal in Motorola Credit Corporation v. Turkey.<\/span><\/p>\n

Mr. Hossain, is a Bangladeshi lawyer and arbitrator, who also sits as arbitrator in the pending ICSID cases, Caratube v. Kazakhstan and Impregilo (II) v. Argentina.\u00a0 Along with Judge Buergenthal, Mr. Hossain sat on the Gruslin v. Malaysia annulment committee.\u00a0 Mr. Hossain also sat as arbitrator in Vacuum Salt Products v. Ghana.<\/span><\/p>\n

*** Neil Kaplan has recently been appointed to fill a vacancy in Perenco v. Ecuador (see \u201cPereco-nominated arbitrator disqualified for interview comments in ICSID dispute with Ecuador,\u201d By Fernando Cabrera Diaz, Investment Treaty News, 14 February 2010, at: <\/span>http:\/\/www.investmenttreatynews.org\/cms\/news\/archive\/2010\/02\/10\/perenco-nominated-arbitrator-disqualified-for-interview-comments-in-icsid-dispute-with-ecuador.aspx<\/span><\/a>).\u00a0 Mr. Kaplan was also President in the ADC Affiliate Limited v. Hungary arbitration.<\/span><\/p>\n

Toby Landau is a UK barrister who is currently serving as an arbitrator in GEA v. Ukraine.\u00a0 Mr. Landau has also been a panelist in two other ICSID arbitrations: Impregilo v. Pakistan and Biwater v. Tanzania.<\/span><\/p>\n

John Beechey is a UK national and a Partner at the law firm of Clifford Chance.\u00a0 Mr. Beechey has served as counsel and arbitrator in numerous ICC cases.\u00a0 Previously he sat as an ICSID panelist in the Ares International and MetalGeo v. Georgia arbitration.<\/span><\/p>\n

For previous related ITN<\/span> reporting see:<\/span><\/p>\n

\u201cICSID registers claim by Spanish investor against Argentina over airline dispute,\u201d By Fernando Cabrera Diaz, Investment Treaty News, 20 February 2009, available here:<\/span><\/p>\n

http:\/\/www.investmenttreatynews.org\/cms\/news\/archive\/2009\/02\/23\/icsid-registers-claim-by-spanish-investor-against-argentina-over-airline-dispute.aspx<\/span><\/a><\/p>\n

\u201cArgentina moves to expropriate airline under threat of US$1 Billion arbitration claim,\u201d By Fernando Cabrera Diaz, Investment Treaty News, 30 November 2008, available here:<\/span><\/p>\n

http:\/\/www.investmenttreatynews.org\/cms\/news\/archive\/2008\/11\/30\/argentina-moves-to-expropriate-airline-under-threat-of-us-1-billion-arbitration-claim.aspx<\/span><\/a><\/p>\n