February 2016 Previous Issues: Feb 2015 | Jun 2014 | Jan 2014 The Firm Secures Definitive Annulment Victory for Oct 2013 | Feb 2013 | Oct 2012 Clients EDF International, SAUR International, and León Participaciones Argentinas Visit A&P Website An Arnold & Porter team led by Paolo Di Rosa, which included associates Mallory Silberman and Pedro Soto, defeated an annulment petition by the Argentine Follow @AP_Arbitration Republic against an award that had been issued in favour of clients EDF International, SAUR International Arbitration Team International, and León Participaciones Argentinas in 2012. In its 5 February 2016 decision (PDF), the * * * annulment committee, which comprised Sir Christopher Please note the new location of Greenwood, CMG, QC (President), Professor Teresa Arnold & Porter's Washington, DC office: Cheng, SC, and Professor Yasuhei Taniguchi, unanimously dismissed the Argentine Republic’s 601 Massachusetts Avenue, NW application for annulment, and ordered the Argentine Washington, DC 20001 Republic to bear the costs of the proceeding. The decision means that the firm’s clients can now collect * * * the sums due under the 2012 award, which, pursuant to a July 2012 enforcement order (PDF) by the US District Upcoming Events Court for the Southern District of New York, amount to over USD 202 million, plus interest. 12 February 2016, Washington, DC. A&P’s Mallory Silberman will be a speaker at the Harvard Arbitration Discussion Series: Challenge of Arbitrators.

22–24 February 2016, Peru. A&P’s Gaela Gehring Flores will be a presenter at the Asia­ Pacific Economic Cooperation (APEC) Workshop, “Capacity Building on Existing International Investment Agreements in the APEC Region, Relevance, Emerging Trends, Challenges and Policy Options to address Coherence in Treaty Making.”

A&P London Welcomes ICC, LCIA, and SCC Representatives. On 27 11 March 2016, Frankfurt. A&P’s Dmitri Evseev January 2016, A&P's Dmitri Evseev moderated Arnold & Porter's third will speak on efficient presentation of evidence in annual "Arbitration Tea and Talk" with Natalia Petrik of the SCC, Darya investment arbitration at a Stockholm Chamber of Shirokova of the ICC, and Nadia Hubbuck of the LCIA. Commerce­organized conference during the Frankfurt Arbitration Moot. Arnold & Porter prevails in Electrabel and Accession Mezzanine ICSID arbitrations for Hungary, 17 March 2016, Washington, DC. A&P’s Paolo Di continuing winning streak Rosa will be a speaker at the conference on “Police Power and Guarantees under Bilateral Investment On 25 November 2015, a team led by Jean Kalicki and Treaties: Fair and Equitable Treatment,” organized Dmitri Evseev obtained a final award (PDF) in favor of by American University’s Washington College of

1/7 Hungary in the long­running Electrabel v. Hungary Law. ICSID arbitration (ICSID Case No. ARB/07/19). The Tribunal, composed of Mr. V.V. Veeder (president), 8 April 2016, Stockholm. A&P’s Jean Kalicki will Professor Gabrielle Kaufmann­Kohler, and Professor speak on a panel entitled “Discussion with Brigitte Stern rejected Electrabel’s last claim remaining prominent Chairpersons” at GAR Live Stockholm. after it rejected all other claims in its earlier decision on liability in November 2012. The Tribunal also awarded 18 April 2016, Washington, DC. A&P’s Jean Hungary a part of the costs it incurred in the 8+ years Kalicki will co­chair and speak at the Second during which the case was pending. For academics and Annual GAR Live BITs. practitioners, the award represents an important contribution to the caselaw concerning the substantive 8­11 May 2016, Mauritius. A&P’s Jean Kalicki protections afforded by the Energy Charter Treaty and will be a speaker at the 23rd congress (PDF) of the the interplay between the ECT and EU law (particularly International Council for Commercial Arbitration. the law on State aid) in an intra­EU dispute. The award is also interesting insofar as it reaches a different Recent Events and Publications outcome from the (unpublished) award in EDF v. Hungary, which involved similar claims. Reshaping the Investor­State Dispute Settlement System. A In April 2015, Arnold & Porter also prevailed in book edited by A&P’s Jean another ICSID arbitration for Hungary, Accession Kalicki and independent Mezzanine L.P. and Danubius Kereskedöház arbitrator Anna Joubin­Bret, Vagyonkezelö v. Hungary (ICSID Case No. ARB/12/3). “Reshaping the Investor­State The Tribunal in that case, composed of Professor Arthur Dispute Settlement System ­ W. Rovine (president), Hon. Marc Lalonde PC OC QC, Journeys for the 21st Century,” and Professor Zachary Douglas QC, declined to has been published as part of the exercise jurisdiction over the only remaining claim (see Nijhoff International Investment award (PDF)). The award is particularly noteworthy for Law Series. The publication is the its discussion of the type of rights that are capable of first broad compendium of being expropriated. practical suggestions for reform of the current system of The Electrabel and Accession Mezzanine awards are the resolving international investment latest in an unbroken string of seven favorable decisions treaty disputes. Articles by A&P’s by Arnold & Porter on behalf of Hungary in ICSID Mallory Silberman and José matters. The firm now has an ongoing streak of 22 Antonio Rivas are featured in the positive results on behalf of sovereign States in publication. investment arbitrations (see list (PDF)). Building International Settlement in USD 550 Million Arbitration Against Investment Law: The First 50 Kyrgyz Republic Years of ICSID. A chapter authored by Jean Kalicki, Dmitri Evseev and Jean Kalicki represented the Kyrgyz Dmitri Evseev and Mallory Republic in an ICSID arbitration concerning the Jerooy Silberman on “Legality of gold deposit (Consolidated Exploration Holdings and Investment” was published in others v. Kyrgyz Republic (ICSID Case No. “Building International ARB(AF)/13/1)). The claim, with a publicly reported Investment Law: The First 50 value of over USD 550 million, settled in September Years of ICSID,” a book edited 2015, after the Kyrgyz Republic filed its objections to by Meg Kinnear and others, and jurisdiction and following completion of jurisdictional published by Kluwer Law discovery. Commenting on the settlement for the Global International. An electronic Arbitration Review, Mr. Evseev stated that the Kyrgyz version of the book is available Government “is pleased with the settlement, which puts on the Wolters Kluwer website. a definitive end to the claims and avoids further expense and disruption in development of one of the Section 1782 and Discovery in US­Seated Kyrgyz Republic’s most important natural resources.” Arbitrations. Two articles by A&P's John Roesser,

2/7 Anne Brooksher­Yen, Michael Igyarto, and Ehsan Arnold & Porter Secures Multiple New Counsel Ali — titled, respectively, “Avoiding the ‘discovery Appointments bog’ in US­seated arbitrations” and “The Southern District of New York and section 1782” — were In recent months, Arnold & Porter has been appointed published by Global Arbitration Review. to represent the Czech Republic and Bulgaria in relation to 8 investment­treaty arbitrations. Counterclaims in Investor­State Decisions. A two­part blog post on “Three Recent Decisions A team led by Paolo Di Rosa and Dmitri Evseev has Further Shaping Investment Treaty Case Law On been appointed as counsel to the Czech Republic in Counterclaims” co­authored by A&P’s José relation to seven ongoing investment­treaty arbitrations Antonio Rivas and Jean Chung Choi was published concerning investments in the Czech solar electricity on the Kluwer Arbitration Blog (part 1; part 2). market. The solar arbitrations, which were initiated pursuant to the Energy Charter Treaty and multiple Trans­Pacific Partnership. A Global Arbitration bilateral investment treaties, were previously handled Review article on the arbitration provisions of the by attorneys from other firms. Arnold & Porter’s recently published Trans­Pacific Partnership appointment as counsel follows a competitive tender extensively quoted comments by A&P’s Gaela process, in which the firm received the highest score Gehring Flores. based on the strength of its technical proposal and substantive analysis. Future Damages in Investment Arbitration. A chapter titled “Future Damages in Investment The firm also has been selected to represent the Arbitration — A Tribunal with a Crystal Ball?” co­ Republic of Bulgaria in a recently registered ICSID authored by A&P’s Bridie McAsey was published arbitration initiated by an Omani sovereign wealth fund, in “Practising Virtue: Inside International State General Reserve Fund of the Sultanate of Oman v. Arbitration,” a book edited by David D. Caron and Republic of Bulgaria (ICSID Case No. ARB/15/43). others. The claim concerns an investment in a Bulgarian bank, which, in June 2014, was placed under supervision by Year in Review. A&P’s Jean Kalicki participated in the Bulgarian National Bank. Jean Kalicki, Paolo Di a panel discussion titled “International Arbitration Rosa, David Reed and Dmitri Evseev lead the team News Roundup: 2015 Year in Review” at an event, representing the State. hosted by Arnold & Porter, organized by the International Dispute Resolution Committee of the Arnold & Porter also has been selected by the DC Bar International Law Section, and Georgetown Government of Romania as a preferred legal provider International Arbitration Society. for arbitrations governed by the UNCITRAL Arbitration Rules. International Dispute Resolution Involving Russia and CIS Parties. A&P’s Dmitri Evseev Recent Recognitions and Appointments moderated a panel discussion on investment treaty arbitration at the C5 conference: “International Paolo Di Rosa and David Huebner appointed to Dispute Resolution Involving Russia and CIS ICSID Panel of Arbitrators. President Obama has Parties.” 28 January 2016, London. announced his intention to appoint Paolo Di Rosa and David Huebner to the Panel of Arbitrators of the Resolving Disputes with Companies from Asia. International Centre for the Settlement of Investment A&P’s David Huebner and Anton Ware spoke at an Disputes (press release), along with Judge Joan event organized by the Chartered Institute of Donoghue, a judge on the International Court of Justice. Arbitrators, North American branch, titled Messrs. Di Rosa and Huebner will join two other “Resolving Disputes with Companies from Asia: members of the Arnold & Porter International What is the Best Approach?” The event was co­ Arbitration group, Whitney Debevoise and Jean organized by David Huebner and co­sponsored by Kalicki, who are already on the ICSID Panel of Arnold & Porter. 22 January 2016, San Francisco. Arbitrators. A&P’s José Antonio Rivas is a member of the Centre’s Panel of Conciliators. Conference on international arbitration in the Asia Pacific region. A&P sponsored this event, Recent Rankings. The Arnold & Porter International organized by the Chartered Institute of

3/7 Arbitration team has been ranked “Band 2” in The Arbitrators. The program focused on strategies for Legal 500 United States. The publication described the in­house counsel and practitioners in structuring firm’s reputation in international arbitration as and enforcing dispute resolution mechanisms in “excellent,” and emphasized Arnold & Porter’s various jurisdictions, as well as on evolving “expertise in major investment treaty disputes, as well arbitration trends in the region. Held at Hastings as Latin America and energy­related arbitrations.” The College of Law in San Francisco, the conference practice also has been highly ranked by Chambers USA drew more than 150 attendees and high­level 2015, which highlighted Paolo Di Rosa’s “unique speakers from eight countries. A&P partner David understanding” of the Latin America region and Jean Huebner was co­chair of the conference and one of Kalicki’s “tremendous energy” in both commercial and the principal speakers, and partner Anton Ware investment­treaty arbitrations. London partners Dmitri moderated a panel on enforcement of arbitral Evseev and David Reed were ranked in Legal 500 UK awards and court judgments. 22 January 2016, San in the categories of International Arbitration and Public Francisco. International Law. Paolo Di Rosa was ranked in Band 1 of Chambers Latin America, which commented: “The Treaty­Making in Investment Law. A&P’s José 'masterful' Paolo Di Rosa is valued by clients for his Antonio Rivas participated in a panel discussion 'extensive experience in international arbitration and his titled “Negotiation of Specific Treaty Provisions: fully bilingual and bicultural background.’” Gaela What Protection?” at the “Treaty­Making in Gehring Flores is also highlighted for clients’ praise of Investment Law” (PDF) conference organized by “her cultural understanding of Latin America and her the International Arbitration Institute. 20 November expert knowledge of the market.” 2015, Washington, DC.

Jean Kalicki Appointed to ICCA and SICANA, Inc. Tenth Annual Robert I. Weil Lecture. A&P’s Boards. Jean Kalicki has been elected to the David Huebner delivered a lecture on "The Next Governing Board of the International Council for One Hundred Years of Alternative Dispute Commercial Arbitration (ICCA) (see Global Resolution at Home and Abroad” at an event co­ Arbitration Review article). Ms. Kalicki also has been sponsored by the Los Angeles Country Bar appointed to the Board of Directors of SICANA, Inc., Association. 17 November 2015, Los Angeles. which administers ICC arbitrations for North America. Ms. Kalicki also serves on the LCIA Court, the Board Appellate/Permanent System for Investment of Directors of the American Arbitration Association, Disputes. A&P’s Monty Taylor spoke on “Time for and the ICC Commission on Arbitration as a member of an appellate/permanent system for investment the US National Committee. disputes? Assessing the report of the EFILA task­ force” at an event hosted by the Scottish Centre for Jean Kalicki Appointed to ICSID Annulment International Law and the University of Edinburgh. Committees. Ms. Kalicki also has been appointed to 13 November 2015, Edinburgh, Scotland. two ad hoc committees in ICSID arbitrations Bernhard von Pezold and others v. Republic of Zimbabwe (ICSID “Role of Multinational Corporations and the Case No. ARB/10/15) and Border Timbers Limited and Post­2015 Agenda for Sustainable others v. Republic of Zimbabwe (ICSID Case No. Development.” A&P’s Raul Herrera spoke on this ARB/10/25). topic at the Inter­American Bar Association’s Mid­ Year Council Meeting (PDF). 13 November 2015, Bridie McAsey Appointed ACICA Fellow. Associate Washington, DC. Bridie McAsey has been appointed a Fellow of the Australian Centre for International Commercial Seventh Annual Franklin Delano Roosevelt Arbitration (ACICA). All ACICA Fellows — “senior Memorial Lecture. A&P’s David Huebner practitioners and arbitrators with experience in delivered a lecture on the rule of law and related international arbitration” — are also members of the topics at Harvard College. 14 November 2015, ACICA Panel of Arbitrators. Cambridge, MA.

Jean Kalicki DC’s “Governmental Lawyer of the ICC Conference on International Arbitration. Year.” Jean Kalicki was named Best Lawyers' 2015 A&P’s Gaela Gehring Flores participated in a panel Washington, DC International Arbitration – discussion titled “Tools for Comprehensive Dispute Governmental Lawyer of the Year. Only a single lawyer Resolution. Rethinking Multi­Tier Dispute

4/7 in each practice area in each community is honored as a Resolution: Effective Use of Mediation and Dispute "Lawyer of the Year" by Best Lawyers. Boards” at the 13th annual ICC Miami conference on international arbitration. 2 November 2015, David Huebner and Jean Kalicki Chair CIArb Miami, FL. Chapters. David Huebner was selected chair of the Southern California Chapter of the Chartered Institute Developments in Brazilian Arbitration Law. of Arbitrators, and Jean Kalicki was selected chair of A&P’s Whitney Debevoise was a speaker at a the Washington, DC chapter. breakfast program titled “Developments in Brazilian Arbitration Law.” The event, hosted by Raul Herrera Among Most Influential Hispanic Arnold & Porter, was sponsored by the Lawyers. Raul Herrera has been named one of the “25 International Dispute Resolution Committee of the Most Influential Hispanic Lawyers” by the Latino DC Bar and the International Centre for Dispute Leaders Magazine. Resolution. 1 November 2015, Washington, DC.

Anton Ware Appointed Regional Ambassador by Investment Treaty Arbitration in its HKIA’s HK45. Anton Ware has been appointed Adolescence. A&P’s Jean Kalicki presented a talk Regional Ambassador for the US (West Coast) region titled “Investment Treaty Arbitration in its of the Hong Kong International Arbitration’s young Adolescence: Navigating the Challenges for a professionals organization, HK45. Robust Adulthood” to students of Harvard Law School. A video recording of the event is available Washington and London team expansion. In 2015, online. 30 October 2015, Cambridge, MA. former ICSID counsel Catherine Kettlewell joined A&P’s international arbitration group in Washington, College of Commercial Arbitrators. A&P’s Jean DC. Also in 2015, Bart Wasiak became an associate in Kalicki moderated a panel on “Are They Ahead of the international arbitration group and Monty Taylor US? International Arbitration on the European joined the London office after previously serving as Continent: Vive la Difference, and What Can We counsel at ICSID. Learn?” at the annual meeting (PDF) of the College of Commercial Arbitrators. 23 October 2015, New York.

Tribunal Secretaries: When and How Should They be Used? A&P’s Bridie McAsey spoke on this topic at “Arbitrators and Tough Choices,” an event organized by the International Arbitration Commission. 29 October 2015, Valencia, Spain.

“Recent Developments in Arbitrator Challenges in ICSID Arbitrations.” A&P’s Paolo Di Rosa spoke on this topic at the Fifth Annual Investment Treaty Arbitration Conference, organized by the Czech Ministry of Finance. 22 October 2015, Prague, Czech Republic.

Chartered Institute of Arbitrators/UNCITRAL. A&P’s Jean Kalicki moderated a panel on “Current Issues in Architecting an International Arbitration Proceeding,” at a conference on “The New York Convention: Back for the Future.” 21 October 2015, New York.

Recent Development in Arbitrator Challenges. A&P’s Catherine Kettlewell spoke on this topic at “ICC YAF: Investment arbitration in practice: a view from the inside.” 26 September 2015, Geneva,

5/7 Switzerland.

“New Developments in International Arbitration.” A&P’s Raul Herrera moderated a panel discussion on this topic at the Hispanic National Bar Association Annual Meeting. 4 September 2015, Boston, MA.

“The New Agenda of the United States in its Relations with Latin America.” A&P’s Raul Herrera spoke on this topic at the Consejo Empresarial de America Latina Annual Meeting (in Spanish). 14 August 2015, San Juan, Puerto Rico.

CPR Arbitration Committee. A&P’s Jean Kalicki participated in a panel discussion of “Best Practices of Arbitrators in Conducting Effective Arbitrations,” at a meeting of the CPR Arbitration Committee. 29 July 2015, New York.

English­American Litigation Forum. A&P’s Jean Kalicki moderated a discussion of “Upholding Agreements to Arbitrate,” at the English­American Litigation Forum annual meeting. 9 June 2015, Surrey, United Kingdom.

Challenging Arbitrators under ICSID Rules. A&P’s Catherine Kettlewell spoke on challenges to arbitrators under the ICSID Arbitration Rules at “La evolución del arbitraje en la última década: una perspectiva práctica” (in Spanish), an event organized by Club Español del Arbitraje. 7 June 2015, Madrid, Spain.

Pictured: Gaela Gehring Flores at GAR Live BITS. Copyright Global Arbitration Review.

GAR Live BITs. A&P’s Gaela Gehring Flores participated in a panel discussion titled "Fair and Equitable Treatment — What is its role, how has the standard evolved and has it gone too far? And where next?” at Global Arbitration Review’s “GAR Live” programme dedicated to bilateral investment

6/7 treaties (see GAR article). 27 April 2015, Washington, DC. arnoldporter.com

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