In a recently-published article by LexisNexis, William Kirtley and Christy Chidiac provide analysis of the French Court of Cassation’s setting aside of the Paris Court of Appeal’s partial annulment of an arbitration award on jurisdiction rendered in Serafín García Armas and Karina García Gruber v The Bolivarian Republic of Venezuela (“Serafín“). A primary issue […]
Lessons from Venezuela: ICSID’s Post-Denunciation Phase
Protests. News bulletins. Calls for treaty reform and withdrawal. In a political and economic climate of a potential post-arbitration age, governments and communities are in the throes of debate. Going forward, however, leaders would be mindful to learn from the Bolivarian Republic of Venezuela and its recent ICSID debacle when it faced two series […]
VANNESSA VENTURES LTD. V. THE BOLIVARIAN REPUBLIC OF VENEZUELA (ICSID CASE NO ARB (AF)/04/6) – AWARD 16 January 2013
On 16 January 2013, an Arbitral Tribunal rendered an award dismissing all claims on the merits of the Canadian company Vanessa Ventures Ltd in relation to its investment in a mining project in Venezuela, under a bilateral investment treaty between Canada and Venezuela. At the beginning of the 1990’s, Placer Dome Inc (“PDI”) had contracted […]
OPIC KARIMUM CORPORATION V. THE BOLIVARIAN REPUBLIC OF VENEZUELA (ICSID CASE No. ARB/10/14) – DECISION ON THE PROPOSAL TO DISQUALIFY PROFESSOR PHILIPPE SANDS, ARBITRATOR, MAY 5, 2011
This decision concerns the rejection of a challenge to the arbitrator Professor Phillipe Sands, who had been appointed by Respondent, the Bolivarian Republic of Venezuela. The challenge was made by Claimant on the basis that Phillipe Sands had been appointed previously by Respondent, and also previously by Respondent’s counsel, as arbitrator in ICSID and non-ICSID […]
SAINT-GOBAIN PERFORMANCE PLASTICS EUROPE V. THE BOLIVARIAN REPUBLIC OF VENEZUELA (ICSID CASE NO. ARB/12/13) – DECISION ON PROPOSAL TO DISQUALIFY ARBITRATOR of 27 February 2013
On 25 May 2012, Saint-Gobain Performance Plastics Europe filed a request for arbitration against the Bolivarian Republic of Venezuela for breaches to the Agreement on Encouragement and Reciprocal Protection of Investments between France and Venezuela of 15 April 2004. After appointment of the arbitrators by each party, Claimant filed for the disqualification of the arbitrator […]