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OGEMID Awards

OGEMID Awards 2012
Special 10th Birthday OGEMID Awards

As part of our celebration of OGEMID's 10th birthday, the OGEMID Awards of 2102 featured a new set of categories. The categories aimed at not only celebrating and remembering the past and Professor Thomas Wälde's legacy, but also looking to the future and to OGEMID's leadership, forward-thinking role in the international dispute resolution community.

Voting closed on January 31th, 2013. Only OGEMID participants and TDM readers could vote. The Winners and Runners up 2012 are:

1. The Rising Stars Award

• Winner:
  Paris Very Young Arbitration Practitioners (45.1%)
  
• Runner up:
  Eric Bergsten / the Vis Moot (14.3%)

Other nominations: AFIA; Frankfurt Investment Arbitration Moot; International Arbitration Case Law (IACL); Juris Annual Investment Treaty Arbitration Conference; UNCTAD Project on Dispute Settlement in Int'l Trade, Investment and Intellectual Property; Vale Columbia Centre; Wilmer Cutler Pickering Hale and Dorr's Scholar-in-Residence Programme; Young ICCA; Young Arbitration Review;

2. The Diversity Award

• Winner:
  Wilmer Cutler Pickering Hale and Dorr London's Internship Program (25.8%)
  
• Joint Runner-ups:
  - Arbitral Women (13.5%);
  - Young ICCA's Mentoring Program (13.5%)

Other nominations: Arbitration Institute of Stockholm Chamber of Commerce; Arnold & Porter's International Arbitration group; Weil, Gotshal & Manges, International Arbitration Group; White & Case; Justice (Ret.) Florentino P. Feliciano; The FDI Moot; Combined nomination for: (a) arbitration capacity-building work with Palestinians ... Jerusalem Arbitration Centre (b) proposal for an International Arbitrator Information Project UNCTAD Project on Dispute Settlement in Int'l Trade, Investment and Intellectual Property; L. Greenwood and M. Baker (paper); Dr Beata Gessel / The Lewiathan Court of Arbitration; Queen Mary University of London;

3. The Creativity Award

• Winner:
  Jerusalem Arbitration Centre (23.3%)
  
• Runner up:
  - Young Arbitration Review (Portugal) (16.5%)
  - Wilmer Cutler Pickering Hale and Dorr's Scholar-in-Residence Program: (16.5%)

Other nominations: The Government of Sudan / The Sudan People's Liberation Movement/Army; International Institute for Sustainable Development (IISD); Dr. Michael Clancy (PhD thesis); Devashish Krishan (paper); Pedro J. Martinez-Fraga (paper); Proposal for an International Arbitrator Information Project; GAR; A Model Litigation Finance Contract; Abaclat and others vs. The Argentine Republic; UNCTAD Project on Dispute Settlement in Int'l Trade, Investment and Intellectual Property; Vale Columbia Centre; IBA Investor-State Mediation Rules;

4. Most Influential Award

• Winner:
  Abaclat and others vs. The Argentine Republic, Decision on Jurisdiction and Admissibility, in tandem with the Dissenting Opinion of Professor Georges Abi-Saab (38%)
  
• Runner up:
  The Government of Sudan / The Sudan People's Liberation Movement/Army (Abyei Arbitration) (17.2%)

Other nominations: Aguinda v. Chevron Texaco; Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc; Compañía de Aguas del Aconquija SA and Vivendi Universal SA v Argentine Republic (ICSID Case No. ARB/97/3); The Loewen Group, Inc. and Raymond L. Loewen v United States of America; Salini Costruttori SpA and Italstrade SpA v Kingdom of Morocco (ICSID Case No. ARB/00/4); Three Yukos ECT cases (Veteran Petroleum v Russia, Hulley Enterprises v Russia, Yukos Universal Limited v Russia)

Awards committee members:

Baiju Vasani of Jones Day

Mike McIlwrath of General Electric

Sophie Nappert of 3 Verulam Buildings

Hernan Pérez Loose of Coronel & Pérez

John Gaffney, Al Tamimi & Company

Sébastien Manciaux of University of Bourgogne, CREDIMI

OGEMID Awards 2011

Voting closed on January 27th, 2012. Only OGEMID participants and TDM readers could vote. The Winners and Runners up 2010 are:

1. The Arbitration Decision of the Year 2011

• Winner:
  Majority decision in Abaclat and Others (Case formerly known as Giovanna a Beccara and Others) v. Argentine Republic,
  ICSID Case No. ARB/07/5 (Italy/Argentina BIT).
  
  
• Runner Up:
  Professor Abi-Saab's dissent in Abaclat and Others (Case formerly known as Giovanna a Beccara and Others) v. Argentine Republic,
  ICSID Case No. ARB/07/5 (Italy/Argentina BIT).

Other nominations: Impregilo S.p.A. v. Argentine Republic, ICSID Case No. ARB/07/17; Hochtief AG v. The Argentine Republic, ICSID Case No. ARB/07/31 (Germany/Argentina BIT); Alps Finance and Trade AG v. Slovak Republic, UNCITRAL (Switzerland/Slovak Republic BIT).

2. The "most controversial or surprising" Arbitration Decision of the Year 2011:

• Winner:
  Majority decision in Abaclat and Others (Case formerly known as Giovanna a Beccara and Others) v. Argentine Republic,
  ICSID Case No. ARB/07/5 (Italy/Argentina BIT).
  
  
• Runner Up:
  Professor Abi-Saab's dissent in Abaclat and Others (Case formerly known as Giovanna a Beccara and Others) v. Argentine Republic,
  ICSID Case No. ARB/07/5 (Italy/Argentina BIT).

Other nominations: Impregilo S.p.A. v. Argentine Republic, ICSID Case No. ARB/07/17; Tza Yap Shum v. Republic of Peru, ICSID Case No. ARB/07/6 (China/Peru BIT); Joseph C. Lemire v. Ukraine, ICSID Case No. ARB/06/18.

3. The IDR-related Article of the Year 2011

• Winner:
  Prof. William W. Park, "Arbitration in Autumn", Journal of International Dispute Settlement, No. 2, September 2011, pp. 1-29.
  
  
• Runner Up:
  Bernard Hanotiau, "International Arbitration in a Global Economy", Journal of International Arbitration 28:3, pp. 89-103 (2011).

Other nominations: A. Sinclair, "Bridging the Contract/Treaty Divide", in Homage to Professor Christophe Schreuer, 2011.; A. Timothy Martin, "Dispute Resolution in the International Energy Sector: An Overview", 4:4 J WORLD ENERGY LAW & BUSINESS, pp. 332-368 (December 2011).; Sophie Nappert & Dieter Flader, "A Psychological Perspective on the Facilitation of Settlement in International Arbitration - Examining the CEDR Rules", Jnl. of Int. Dispute Settlement, OUP, August 2011 (2).

4. The IDR-related Book of the Year 2011

• Winner:
  Evolution in Investment Treaty Law and Arbitration, Chester Brown and Kate Miles (eds.), (CUP 2011).
  
  
• Runner Up:
  Compensation and Restitution in Investor-State Arbitration, Borzu Sabahi, (OUP 2011).

Other nominations: International Commercial Arbitration in Sweden, Kaj Hobér, (OUP 2011); International Commercial Arbitration - An Asia-Pacific Perspective, Simon Greenberg, Christopher Kee and J. Romesh Weeramanty, (CUP 2011); Fair and Equitable Treatment in International Investment Law, Roland Klaeger, (CUP 2011).

Congratulations to all winners, runners up and nominees.

OGEMID Awards 2010

Voting closed on January 14th, 2011. Only OGEMID participants and TDM readers could vote. The Winners and Runners up 2010 are:

1. Arbitration Decision of the Year

• Winner:
  Eureko BV v Slovak Republic, Award on Jurisdiction, Arbitrability and Suspension, PCA Case No 2008-13 (26%)
• Runner Up:
  ICM Registry LLC v. Internet Corporation For Assigned Names and Numbers, Declaration of the Independent Review Panel, ICDR Case No. 50 117 T 00224 08 (24%)

Other nominations: Fakes v Turkey, Award, ICSID Case No ARB/07/20; Enron Corporation and Ponderosa Assets LP v Argentina, Decision on Application for Annulment, ICSID Case No ARB/01/3; Sempra Energy International v Argentina, Decision on Argentina's Application for Annulment of the Award, ICSID Case No ARB/02/16; Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. Argentine Republic, ICSID Case No. ARB/07/26. Decision on Claimants' Proposal to Disqualify Professor Campbell McLachlan, Arbitrator, 12 August 2010.

2. Most Surprising or Controversial Arbitration Decision of the Year

• Winner:
  Enron Corporation and Ponderosa Assets LP v Argentina, Decision on Application for Annulment, ICSID Case No ARB/01/3 (42%)
• Runner Up:
  Compañía de Aguas del Aconquija SA and Vivendi Universal SA v Argentina, Decision on Argentina's Request for Annulment of the Award, ICSID Case No ARB/97/3 (32%)

Other nominations: Sempra Energy International v Argentina, Decision on Argentina's Application for Annulment of the Award, ICSID Case No ARB/02/16; Eureko BV v Slovak Republic, Award on Jurisdiction, Arbitrability and Suspension, PCA Case No 2008-13; Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. Argentine Republic, ICSID Case No. ARB/07/26. Decision on Claimants' Proposal to Disqualify Professor Campbell McLachlan, Arbitrator, 12 August 2010; Merrill & Ring Forestry v. Canada, UNCITRAL, ICSID Administered Case (NAFTA). Award March 31, 2010.

3. IDR Related Article of the Year

• Winner:
  A Code of Conduct for Party-Appointed Experts in International Arbitration - Can One be Found?, Mark Kantor (30%)
• Runner Up:
  Psychological Factors in the Arbitral Process, Sophie Nappert and Dieter Flader (20%)

Other nominations: Recent Trends in International Investment Agreements in Asia, Lindsey Marchessault; Power and Persuasion in Investment Treaty Arbitration: The Dual Role of States, Anthea Roberts; Moral Hazard in International Dispute Resolution (articled lecture), Jan Paulsson; Agora - Asymmetry and Equality of Arms, Thomas Wälde and Abba Kolo.

4. IDR Related Book of the Year

• Winner:
  International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Gary Born (26%)
• Runner Up:
  International Commercial Arbitration in New York, James H. Carter and John Fellas (18%)

Other nominations: Arbitration Under International Investment Agreements, A Guide to the Key Issues, Katia Yannaca-Small; The International Law on Foreign Investment, Muthucumaraswamy Sornarajah; The Art of Advocacy in International Arbitration, Doak Bishop and Edward G. Kehoe (TDM Book review); International Investment Law and Comparative Public Law, Stephan Schill;

Congratulations to all winners, runners up and nominees.

Baiju Vasani, Mike McIlwrath, Sophie Nappert,
Hernan Pérez Loose, John Gaffney,
January 2011

OGEMID Awards 2009

1. Arbitration Decision of the Year

• Winner:
  The Sudanese Abyei arbitration (48%)
• Runner Up:
  MHS v. Malaysia, Decision of the Annulment Committee (28%)

2. The Most Controversial Decision of the Year

• Winner:
  Hrvatska Elektroprivreda d.d. v. The Republic of Slovenia (46%)
• Runner Up:
  Glamis Gold v. USA (28%)

3. The IDR-Related Article of the Year

• Winner:
  A. Sinclair, ICSID Arbitration: how long does it take? (42%)
• Runner Up:
  S. Schwebel, "The Provenance and Performance of Investment Treaty Arbitration" (29%)

4. The IDR-Related Book of the Year

• Winner:
  G. Born, International Commercial Arbitration (43%)
• Runner Up:
  Christoph Schreuer et al, the ICSID Convention. A Commentary (2nd Ed.). (34%)

Congratulations to all winners, runners up and nominees!
Best wishes to all for the New Year,
Baiju Vasani, on behalf of the Committee

Mike McIlwrath, Baiju Vasani, Sophie Nappert,
Hernan Pérez Loose and John Gaffney
January 2010

OGEMID Awards 2008

Best Award of 2008:

• Plama Consortium Limited v Republic of Bulgaria, ICSID case No. ARB/03/24, Final Award
  (28% of the vote)

Most Surprising Award of 2008:

• Plama Consortium Limited v Republic of Bulgaria, ICSID case No. ARB/03/24, Final Award
  (24% of the vote)

Best Article of 2008 (tie):

• Thomas Wälde & Borzu Sabahi, "Compensation, Damages and Valuation in International Investment Law." (14% of the vote)
• Susan Franck, "Empiricism and International Law: Insights for Investment Treaty Dispute Resolution." (14% of the vote)

Best Book of 2008 (tie):

• Mark Kantor, Valuation for Arbitration. (28% of the vote)
• Peter Muchlinski, Federico Ortino & Christoph Schreuer (eds.), The Oxford Handbook of International Investment Law. (28% of the vote)

Best Blog of 2008:

• International Law Reporter (58% of the vote)

Best Project of 2008:

• Establishment of the Society of International Economic Law (29% of the vote)

Congratulations to all the winners (and, indeed, nominees)!

Mike McIlwrath, Baiju Vasani, Sophie Nappert,
Hernan Pérez Loose and John Gaffney
January 2009

OGEMID Awards 2007

Arbitration of the Year 2007

Winner with 64% of the vote: CMS Gas Transmission Company v. Argentina, Decision of the Ad Hoc Committee, September 25, 2007.

CMS was described during nomination and voting as: "Great jurists at work," "the most important award of the year," and "likely to influence and shape views on umbrella clauses."

Runner up with 17% of the vote: Compania de Aguas del Aconquija & Vivendi Universal v. Argentina, Award, August 20, 2007.

Vivendi was described during nomination and voting as: "Magisterial."

Since the third place award, Eurotunnel v. France & UK, was only beaten into third by Vivendi by 2% of the vote, it is also given special honorable mention here.

Eurotunnel was described during nomination and voting as "the first arbitration brought by an investor against two states and the first time that two states were found liable for the same award, with the five person arbitral tribunal probably the most impressive ever constituted."

Article of the Year 2007

Winner with 50% of the vote: J. Paulsson, Enclaves of Justice, TDM Volume 4, Issue #05, September 2007.

Enclaves was described during nomination and voting as follows: "Shows how an arbitration practitioner can be simultaneously both pragmatic and intellectual. Great drafting as well, clear and concise. Not to mention the powerful message, with which one can disagree but which one finds difficult to disregard," and "it is the article I most enjoyed reading last year, without hesitation or reservation."

Runner up with 22% of the vote: Thomas Wälde, New Aspects of International Investment Law, published by Hague Academy of International Law, Nijhoff Publishers, Leiden, 2007; pp. 63-154.

The article was described during nomination and voting as follows: "A veritable tour de force with a very interesting view of how investment tribunals ought to approach their task," and "one of the best analyses of our field I have ever read."

Congratulations to all winners, runners up and nominees.

Mike McIlwrath and Baiju Vasani,
January 2008

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