Tribunals have been constituted in ICSID cases involving Egypt, Cambodia and Argentina
By Elizabeth Whitsitt
March 11, 2010
In the past two months, arbitral tribunals have been convened in a few ICSID arbitrations.
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’s hotel and tourism industry.
In the H&H Enterprises Investments, Inc. v. Egypt matter, under the US – Egypt BIT (1992), the claimant selected Veijo Heiskanen, and the respondent nominated Hamid G. Gharavi. Spanish lawyer and arbitrator, Bernardo M. Cremades will serve as President.*
Additionally, in an ICSID case commenced by Spanish investor Grupo Marsans over Argentina’s alleged expropriation of the country’s largest airline, Aerolineas Argentinas, the claimants have nominated Henri C. Álvarez and the respondent has chosen Kamal Hossain. Thomas Buergenthal has been selected as President of the Tribunal.**
Finally, in a claim involving Cambodia’s electricity generation and distribution sector, the claimant has appointed John Beechey, and the respondent has selected British lawyer, Toby Landau. UK lawyer and arbitrator Neil Kaplan will serve as President of the tribunal. ***
* Bernardo M. Cremades is a partner at the Spanish law firm B. Cremades y Asociados and Catedrático of Universidad de Madrid. Mr. Cremades has acted as counsel, party-appointed arbitrator and president of arbitral tribunals in a number of disputes. 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. 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, Société d’Exploitation des Mines d’Or de Sadiola S.A. v. Mali, and Archer Daniels Midland Company v. Mexico.
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. It appears that this is Mr. Heikanen’s first ICSID tribunal appointment.
Hamid G. Gharavi is founding partner of the firm Derains & Gharavi. He has been appointed to the LCIA Court, the Commission on Arbitration of the ICC and the Panel of ICSID Arbitrators. In addition to H&H Enterprises v. Egypt, Mr. Gharavi is an ICSID arbitrator in Shell Nigeria Ultra Deep Limited v. Nigeria.
** Judge Buergenthal is the American judge serving on the International Court of Justice. 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.
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). Mr. Alvarez has also sat on arbitral panels in Compagnie Minière Internationale v. Peru, Aguas del Tunari v. Bolivia, Camuzzi v. Argentina, Compañía General de Electricidad. v. Argentina, and Noble Energy v. Ecuador. Mr. Alvarez was also President of the ICSID tribunal in Motorola Credit Corporation v. Turkey.
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. Along with Judge Buergenthal, Mr. Hossain sat on the Gruslin v. Malaysia annulment committee. Mr. Hossain also sat as arbitrator in Vacuum Salt Products v. Ghana.
*** Neil Kaplan has recently been appointed to fill a vacancy in Perenco v. Ecuador (see “Pereco-nominated arbitrator disqualified for interview comments in ICSID dispute with Ecuador,” By Fernando Cabrera Diaz, Investment Treaty News, 14 February 2010, at: http://www.investmenttreatynews.org/cms/news/archive/2010/02/10/perenco-nominated-arbitrator-disqualified-for-interview-comments-in-icsid-dispute-with-ecuador.aspx). Mr. Kaplan was also President in the ADC Affiliate Limited v. Hungary arbitration.
Toby Landau is a UK barrister who is currently serving as an arbitrator in GEA v. Ukraine. Mr. Landau has also been a panelist in two other ICSID arbitrations: Impregilo v. Pakistan and Biwater v. Tanzania.
John Beechey is a UK national and a Partner at the law firm of Clifford Chance. Mr. Beechey has served as counsel and arbitrator in numerous ICC cases. Previously he sat as an ICSID panelist in the Ares International and MetalGeo v. Georgia arbitration.
For previous related ITN reporting see:
“ICSID registers claim by Spanish investor against Argentina over airline dispute,” By Fernando Cabrera Diaz, Investment Treaty News, 20 February 2009, available here:
“Argentina moves to expropriate airline under threat of US$1 Billion arbitration claim,” By Fernando Cabrera Diaz, Investment Treaty News, 30 November 2008, available here: