Annexes - Annulment of ICSID Awards
Emmanuel Gaillard, Chairman of the IAI, is acknowledged as one of the world's leading experts on international arbitration. He has written extensively on all aspects of international arbitration law, in French and in English. He is a co-author of Fouchard Gaillard Goldman On International Commercial Arbitration, the leading and most exhaustive publication in this field. Emmanuel Gaillard teaches International Arbitration and Private International Law at the University of Paris XII. He has acted as arbitrator, counsel and expert in over 250 international arbitration proceedings and Chair of Shearman & Sterling LLP International Arbitration practice.
About the Editors of Annulment of ICSID Awards:
Emmanuel Gaillard (See Above) and Yas Banifatemi, Partner, Shearman & Sterling LLP, International Arbitration Practice Group, Paris.
About the Contributors:
Stanimir A. Alexandrov, Partner and Senior International Advisor, Sidley Austin Brown & Wood LLP, Washington, D.C.; Member of the legal team representing Compaña de Aguas del Aconquija and Vivendi Universal before ICSID. He was formerly the Vice Minister of Foreign Affairs of Bulgaria.
Henri Alvarez, Partner, Fasken Martineau DuMoulin LLP, Vancouver; Co-Chair of the firm's Latin American and International Dispute Resolution Practice Groups. He is a Chapter 19 Panelist under the North American Free Trade Agreement.
Charles Brower, Independent Arbitrator and Former Judge of the Iran-United States Claims Tribunal, Special Counsel to White & Case, LLP; former President of the American Society of International Law.
Bernardo Cremades, Senior Partner, B. Cremades y Asociados, Madrid; President of the Spanish Court of Arbitration. He is Chairman of the Global Center For Dispute Resolution Research launched by the American Arbitration Association, Co-Chairman of the Arbitration Committee of the International Bar Association and Former Vice President of the London Court of International Arbitration.
Paul Friedland, Partner, White & Case LLP New York; Chair of the firm's International Arbitration Practice Group. Mr. Friedland is Chair of the American Arbitration Association's Arbitration Committee and a Member of the American Arbitration Association's Board of Directors.
Emmanuel Gaillard (See Above)
Gabrielle Kaufmann-Kohler, Professor, University of Geneva; Partner, Schellenberg Wittmer, Geneva. She is President of the Swiss Arbitration Association and former Chair of the Court of Arbitration for Sport, Olympic Division.
Hans Van Houtte, Professor, Institute for International Trade Law, KU. Leuven-Belgium.
Pierre Lalive, Partner, Lalive & Partners; Emeritus Professor, University of Geneva and Graduate Institute of International Studies; Honorable Chairman, Swiss Arbitration Association and ICC Institute of World Business Law. Barton Legum Office of the Legal Adviser, Chief, NAFTA Arbitration Division Office of International Claims & Investment Disputes, United States Department of State, Washington, D.C.
Pierre Mayer, Professor of Law, University of Paris I. Panthéon-Sorbonne.
Christoph Schreuer, Professor, University of Vienna. From 1992 to 2000 he was the Edward B. Burling Professor of International Law and Organization at the Paul H. Nitze School of Advanced International Studies (SAIS) of the Johns Hopkins University in Washington, D.C. Since October 2000 he is Professor of International Law at the University of Vienna.
Eric Schwartz, Partner, LeBouf, Lamb, Paris. From 1992-1996, he served as Secretary General of the ICC International Court of Arbitration .
Carlos Ignacio Suarez Anzorena is a Member of the International Arbitration Group of Clifford Chance LLP. Former Legal Adviser, Solicitor General's Office, Argentina; Universidad Torcuato di Tella, Buenos Aires
Peter Trooboff, Partner, Covington & Burling, Washington, D.C. He is a former President of the American Society of International Law.
INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Washington, D.C. Wena Hotels Limited
Arab Republic of Egypt
Case No. ARB/98/4
President: Monroe LEIGH, Esq.
Members of the Tribunal: Prof. Ibrahim FADLALLAH
Prof. Don. WALLACE, Jr.
Secretary of the Tribunal: Mr. Alejandro A. ESCOBAR
In Case No. ARB/98/4
between Wena Hotels Limited,
Mr. Emmanuel Gaillard; Mr. John Savage;
and Mr. Peter Griffin of the Law Firm
Shearman & Sterling
The Arab Republic of Egypt,
Mr. Eric A. Schwartz and Mr. Simon B.
Stebbings of the Law Firm of Freshfields
Bruckhaus Deringer; and
Counselor Osama Ahmed Mahmoud, and
Counselor Hussein Mostafa Fathi from the
Egyptian State Lawsuits Authority
Composed as above,
Makes the following Award:
Annex 1 Wena Hotels Limited v. Arab Republic of Egypt, Award of December 8, 2000
Annex 2 Wena Hotels Limited v. Arab Republic of Egypt, Decision of the Ad Hoc Committee, February 5, 2002
Annex 3 Compañía de Aguas del Aconquija S.A. and Compagnie Générale des Eaux v. Argentine Republic, Award of November 21, 2000
Annex 4 Compañía de Aguas del Aconquija S.A. and Vivendi Universal (formerly Compagnie Générale des Eaux) v. Argentine Republic, Decision of the Ad Hoc Committee, July 3, 2002
"The first volume of the IAI Series on International Arbitration is most timely. Nearly 20 years after Klöckner and Amco, the ICSID self-contained annulment mechanism has triggered two landmark decisions by ad hoc Committees. The Wena and Vivendi decisions are analyzed thoroughly and critically by some of the world’s foremost arbitrators. This publication is a ‘must read’ for any active or aspiring international investment arbitrator."
- Yves Fortier, Chairman and Senior Partner, Ogilvy Renault, Montreal. Former President of the London Court of International Arbitration (LCIA) and of the Permanent Court of Arbitration at The Hague.
"The content of the volume is impressive. ... It provides the most detailed analysis of Article 52 proceedings, and provides reliable guidance of the law on annulment in the post Wena and Vivendi phase. Gaillard's and Banifatemi's 'Annulment of ICSID Awards' can therefore be warmly reccommended to all academics and practitioners interested or involved in the law of investment protection."
- German Yearbook of International Law (Vol. 48, 2005)