OGEMID Awards of 2008 - nominations
5 January 2009
Baiju Vasani writes:
Here are the nominations received for each category. PLEASE VOTE!
- The process is virtually all objective - the winner is the one with the most votes in each category. However, if any subjective input is required from the judges at any stage, any judge whose work is nominated in a category will recuse himself or herself from this process if his or her work is one of the nominations requiring the judges' input.
- All votes are confidential. I receive the email, tally the vote, and delete the email.
- Clearly, this process is not a science. Rather, it's just an informal way for us as an international community to recognize and applaud the good work in our field.
BEST AWARD OF 2008
- Trans-Global Petroleum Inc v Jordan, Decision on Rule 41(5) objection, ICSID Case No ARB/07/25 (marks the first time that Rule 41(5) has been considered since its introduction into the ICSID Arbitration Rules in April 2006)
- Desert Line Projects LLC v The Republic of Yemen, ICSID Case No. ARB/05/17, Final Award (award of moral damages)
- Plama Consortium Limited v Republic of Bulgaria, ICSID case No. ARB/03/24, Final Award (further clarification on the rule of law issue)
- Libananco Holdings Co. v. Turkey, Decision on Preliminary Issues, Case No. ARB/06/8, (ICSID, June 23, 2008) (dealing with a state's use of its police powers to intercept emails of ICSID counsel for the investor)
- RosInvest Co UK Ltd v Russian Federation, Jurisdiction award, SCC Case No V079/2005, 5 October 2007 (became public in 2008) (robust use of MFN clause)
- Victor Pey Casado « Presidente Allende » v. Republic of Chile, ICSID Case No. ARB/98/2, Final Award (good analysis of denial of justice)
- Enron v. Argentina, Decision on Argentine Republic's Request for a Continued Stay of Enforcement of the Award, ICSID Case No. ARB/01/3 (strong decision in defense of the ICSID Convention)
MOST SURPRISING AWARD OF 2008
- Biwater Gauff (Tanzania) Ltd. v. Republic of Tanzania, ICSID Case No. ARB/05/22 (finding liability, but no damages)
- RosInvest Co UK Ltd v Russian Federation, Jurisdiction award, SCC Case No V079/2005, 5 October 2007 (became public in 2008) (overly broad use of MFN clause)
- LG&E Energy Corp v. Argentina, Decision on Claimants' Request for Supplementary Decision, ICSID Case No ARB/02/01, 19 June 2008 (holding that the "supplementary decision" process is not appropriate means for claiming further damages)
- Wintershall Aktiengesellschaft v. Argentine Republic, ICSID Case No. ARB/04/14 (a "surprising" construction of an MFN clause contrary to preexisting jurisprudence on the same clause)
- Plama Consortium Limited v Republic of Bulgaria, ICSID case No. ARB/03/24, Final Award (a stretch to find fraud based on the evidence)
- Hrvatska Elektroprivreda d.d. v. Republic of Slovenia, ICSID Case No ARB/05/24, Order Concerning the Participation of a Counsel, May 06, 2008 (simply got it wrong)
- Continental Casualty Company v. Argentine Republic, ICSID Case No. ARB/03/9 (conclusory assertion that Article XI of the US-Argentina BIT is an exculpatory clause)
BEST ARTICLE OF 2008 (full cites available on request)
- Aren Goldsmith: "Trans-Global Petroleum: 'Rare Bird' or Significant Step in the Development of Early Merits-Based Claim-Vetting?"
- Thomas Walde & Borzu Sabahi, "Compensation, Damages and Valuation in International Investment Law."
- Ole Kristian Fauchald, "The Legal Reasoning of ICSID Tribunals - An Empirical Analysis."
- Emmanuel Gaillard, "Effectiveness of Arbitral Awards, State Immunity from Execution and Autonomy of State Entities: Three Incompatible Principles."
- Baiju Vasani and Kassi Tallent, "Proportional Autonomy: addressing delay in international arbitration through a deadline for the rendering of final awards."
- * Paul Hobeck, Volker Mahnken, Max Koebke, "Time for Woolf Reforms in International Construction Arbitration."
- * Michael McIlwrath and Roland Schroeder, "International Arbitration: In Dire Need of Early Resolution."
- * David W. Rivkin, "Towards a New Paradigm in International Arbitration: The
Town Elder Model Revisited."
*Note The judges have decided, with the authors' permission, that articles 6, 7 and 8 (Paul Hobeck, Volker Mahnken, Max Koebke; Michael McIlwrath and Roland Schroeder; and David W. Rivkin) will be considered as a single entry in the Best Article field in light of the similarity of the subject matter.
- Susan Franck, "Empiricism and International Law: Insights for Investment Treaty Dispute Resolution."
- Anne van Aaken, "Perils of Success? : the Case of International Investment Protection."
- Michael Waibel, "Opening Pandora's Box: Sovereign Bonds in International Arbitration."
- Jan Paulsson, "International Arbitration Is Not Arbitration."
- Campbell McLachlan, "Investment Treaties and General International Law."
- Stephan W. Schill, "Enabling Private Ordering-Function, Scope and Effect of Umbrella Clauses in International Investment Treaties."
BEST BOOK OF 2008
- Ioana Tudor, The Fair and Equitable Treatment Standard in International Foreign Investment Law.
- Mark Kantor, Valuation for Arbitration.
- Peter Muchlinski, Federico Ortino & Christoph Schreuer (eds.), The Oxford Handbook of International Investment Law.
- Sergey Ripinsky, Damages in International Investment Law.
- Rudolf Dolzer and Christoph Schreuer, Principles of International Investment Law.
BEST BLOG OF 2008
- Mediator Blah Blah...
- worldtradelaw.typepad.com
- International Law Reporter
BEST PROJECT OF 2008
- The Frankfurt Investment Arbitration Moot
- National Law School International Arbitration Moot Court Competition
- Investmentclaims.com
- Young OGEMID
- Establishment of the Society of International Economic Law
- The FDI Moot (www.fdimoot.org)
- Mike McIlwrath's Podcasts
Please vote for the winner in any category you wish (all confidential), by emailing Baiju Vasani, or my fellow organizers, Mike McIlwrath of General Electric, Sophie Nappert of 3 Verulam Buildings, Hernan Perez Loose of Coronel & Perez and John Gaffney of O'Flynn Exhams.
Voting will close on January 11, 2009.
More news in the archive.
