Fortier, L. Yves
This page provides data on individual adjudicative policy of the arbitrator.
| Case (comments) | Appointed by | Award (without costs & interests) | Dissent | Proposal to Disqualify |
|---|---|---|---|---|
| A11Y Ltd v Czech Republic, ICSID Case No. UNCT/15/1. COMMENT: |
Both parties | In favor of the Government. | No | No |
| UP and C.D Holding Internationale v Hungary, ICSID Case No. ARB/13/35. COMMENT: |
Claimant | $26,551,558 ($23,196,000 without costs & interests) | No | No |
| Nextera v Spain, ICSID Case No. ARB/14/11. COMMENT: |
Claimant | €290,600,000 ($327,145,274 with costs and interests) | No | No |
| ConocoPhillips Petrozuata B.V., ConocoPhillips Hamaca B.V. and ConocoPhillips Gulf of Paria B.V. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/30. COMMENT: |
Claimant | $8,446,305,166 | No | No |
| Besserglik v Mozambique, ICSID case No. ARB(AF)/14/2. COMMENT: |
Claimant | No jurisdiction | No | No |
| Hulley Enterprises Limited (Cyprus) v. The Russian Federation, UNCITRAL, PCA Case No. 2005-03/AA226. RELATED COMMENTS:
|
Secretary-General of the Permanent Court of Arbitration due to authorization by the parties. | $39,971,834,360 | No | No |
| Victor Pey Casado and President Allende Foundation v. Republic of Chile, ICSID Case No. ARB/98/2 (annulment of 2012). COMMENTS on annulment of 2020:
|
Chairman of the ICSID Administrative council | Annuls award of $10,132,690.18 | No | No |
| Veteran Petroleum Limited (Cyprus) v. The Russian Federation, UNCITRAL, PCA Case No. 2005-05/AA228. COMMENTS:
|
Secretary-General of the Permanent Court of Arbitration due to authorization by the parties. | $8,203,032,751 | No | No |
| Yukos Universal Limited (Isle of Man) v. The Russian Federation, UNCITRAL, PCA Case No. 2005-04/AA227. COMMENTS:
|
Secretary-General of the Permanent Court of Arbitration due to authorization by the parties. | $1,846,000,687 | No | No |
| Zbigniew Piotr Grot and others v. Republic of Moldova, ICSID Case No. ARB/16/8. | Claimant | $400,000 | No | No |
| Fouad Alghanim & Sons Co. for General Trading & Contracting, W.L.L. and Fouad Mohammed Thunyan Alghanim v. Hashemite Kingdom of Jordan, ICSID Case No. ARB/13/38 | Claimant | In favor of State | Separate opinion | No |
| Société Resort Company Invest Abidjan, Stanislas Citerici and Gérard Bot v. Republic of Côte d'Ivoire, ICSID Case No. ARB/16/11. | Claimant | NA | No | No |
| Vladislav Kim and others v. Republic of Uzbekistan, ICSID Case No. ARB/13/6 | Claimant | NA | No | No |
| Mera Investment Fund Limited v. Republic of Serbia, ICSID Case No. ARB/17/2 | Claimant | Pending | No | No |
| Case (comments) | Appointed by | Award (without costs & interests) | Dissent | Proposal to Disqualify |
|---|---|---|---|---|
| Venezuela US, S.R.L. (Barbados) v. Bolivarian Republic of Venezuela, PCA Case No. 2013-34 | Claimant | Pending | No | No |
| Compañia del Desarrollo de Santa Elena S.A. v. Republic of Costa Rica, ICSID Case No. ARB/96/1 | Both parties | $16,000,000 | No | No |
| Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru, ICSID Case No. ARB/03/28 | Both parties | $18,440,746 | No | No |
| National Gas S.A.E. v. Arab Republic of Egypt, ICSID Case No. ARB/11/7 | Claimant | No jurisdiction | No | No |
| Orascom Telelcom Holding v. Algeria, UNCITRAL | Claimant | Settlement | No | No |
| Ali Allawi v. Islamic Republic of Pakistan, PCA Case NO. 2012-23 | Both parties | In favor of State | No | No |
| Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/12/21 | Claimant | No jurisdiction | No | Yes, three times, but unsuccessful |
| Ampal-American Israel Corporation and others v. Arab Republic of Egypt, ICSID Case No. ARB/12/11. RELATED COMMENT:
|
Co-arbitrators | In favor of Claimant. | No | The Government questioned him about his relations with Norton Rose, Ogilvy Renault LLP and Essex Chambers of barristers. |
| Agility for Public Warehousing Company K.S.C. v. Islamic Republic of Pakistan, ICSID Case No. ARB/11/8 | Both parties | Breach, but no damages. | No | No |
| Laskaridis Shipping Co. LTD, Lavinia Corporation, A.K.Laskaridis and P.K.Laskaridis v. Ukraine, UNCITRAL | Both parties | Settlement | No | No |
| Bernhard von Pezold and Others v. Republic of Zimbabwe, ICSID Case No. ARB/10/15. | Co-arbitrators | $64,900,000 | No | No |
| Border Timbers Limited, Border Timbers International (Private) Limited, and Hangani Development Co. (Private) Limited v. Republic of Zimbabwe, ICSID Case No. ARB/10/25 | Both parties | In favor of Claimant | No | No |
| United Parcel Service of America Inc. v. Government of Canada, ICSID Case No. UNCT/02/1 | Government | In favor of State | No | No |
| Hussein Nuaman Soufraki v. The United Arab Emirates, ICSID Case No. ARB/02/7 | Secretary-General of the ICSID upon agreement of the parties | No jurisdiction | No | No |
| Case (comments) | Appointed by | Award (without costs & interests) | Dissent | Proposal to Disqualify |
|---|---|---|---|---|
| Saluka Investments B.V. v. The Czech Republic, UNCITRAL | Claimant | Breach found by a Partial Award. Then, settlement of $281,000,000 | No | No |
| The Renco Group, Inc. v. Republic of Peru [I], ICSID Case No. UNCT/13/1 | Claimant | In favor of State | No | No |
| PSEG Global, Inc., The North American Coal Corporation, and Konya Ingin Electrik Üretim ve Ticaret Limited Sirketi v. Republic of Turkey, ICSID Case No. ARB/02/5 | Claimant | $9,000,000 | No | No |
| Ipek Investment Limited v. Republic of Turkey, ICSID Case No. ARB/18/18 | Claimant | Pending | No | No |
| Oko Pankki Oyj, VTB Bank (Deutschland) AG and Sampo Bank Plc v. The Republic of Estonia, ICSID Case No. ARB/04/6 (formerly OKO Osuuspankkien Keskuspankki Oyj and others v. Republic of Estonia) | Government | $5,443,994.76 & €8,057,198.30 | No | No |
| Occidental Petroleum Corporation and Occidental Exploration and Production Company v. The Republic of Ecuador, ICSID Case No. ARB/06/11 | Chairman of the ICSID Administrative council | $1,769,625,000 | No | No |
| Loewen Group, Inc. and Raymond L. Loewen v. United States of America, ICSID Case No. ARB(AF)/98/3 | Claimant | We have criticised the Mississippi proceedings in the strongest term. There was unfairness here towards the foreign investor.Why not use the weapons at hand to put it right? What clearer case than the present could there be for the ideals of NAFTA to be given some teeth? This human reaction has been present in our minds throughout but we must be on guard against allowing it to control our decision. Far from fulfilling the purposes of NAFTA, an intervention on our part would compromise them by obscuring the crucial separation between the international obligations of the State under NAFTA, of which the fair treatment of foreign investors in the judicial sphere is but one aspect, and the much broader domestic responsibilities of every nation towards litigants of whatever origin who appear before its national courts. No jurisdiction. | No | Yes, due to the merger of Mr Fortier’s firm with a firm which had previously acted for Claimants in connection with their bankruptcy reorganisation under Chapter Eleven of the United States Bankruptcy Code. He resigned. |
| Khan Resources Inc., Khan Resources B.V., and Cauc Holding Company Ltd. v. The Government of Mongolia, UNCITRAL | Claimant | $80,000,000 | No | Maître Fortier disclosed that his law firm, Norton Rose OR, would, on 1 January 2012, merge with the firm Macleod Dixon, and that Macleod Dixon was acting for Atomredmetzoloto JSC (“ARMZ”), a company being sued in the courts of Ontario, Canada by Khan Canada. Maître Fortier informed the Parties that he had no knowledge with respect to this lawsuit and that he would resign from Norton Rose OR as of 31 December 2011. No objection. |
| Ioannis Kardassopoulos v. The Republic of Georgia, ICSID Case No. ARB/05/18, Ron Fuchs v. The Republic of Georgia, ICSID Case No. ARB/07/15 | Both parties | $75,324,736.83 | No | No |
| Talsud S.A. v. The United Mexican States, ICSID Case No. ARB(AF)/04/4, Gemplus S.A., SLP S.A., Gemplus Industrial S.A. de C.V. v. The United Mexican States, ICSID Case No. ARB(AF)/04/3 | Claimant | $15,508,381 | No | No |
| Alex Genin, Eastern Credit Limited, Inc. and A.S. Baltoil v. The Republic of Estonia, ICSID Case No. ARB/99/2 | Co-arbitrators | In favor of State | No | No |
| Fraport AG Frankfurt Airport Services Worldwide v. The Republic of the Philippines, ICSID Case No. ARB/03/25 | Both parties | No jurisdiction | No | No |
| Eureko B.V. v. Republic of Poland | Co-arbitrators | Partial Award on breaches, and settlement of $4,379,000,000 | No | No |
| Champion Trading Company, Ameritrade International, Inc. v. Arab Republic of Egypt, ICSID Case No. ARB/02/9 (formerly Champion Trading Company, Ameritrade International, Inc., James T. Wahba, John B. Wahba, Timothy T. Wahba v. Arab Republic of Egypt) | Claimant | In favor of State | No | No |
| Case (comments) | Appointed by | Award (without costs & interests) | Dissent | Proposal to Disqualify |
|---|---|---|---|---|
| Bureau Veritas, Inspection, Valuation, Assessment and Control, BIVAC B.V. v. The Republic of Paraguay, ICSID Case No. ARB/07/9 | Claimant | Settlement of $21,000,000 after decision on jurisdiction | No | No |
| ATA Construction, Industrial and Trading Company v. The Hashemite Kingdom of Jordan, ICSID Case No. ARB/08/2 | Both parties | Non-pecuniary relief: To order that the ongoing Jordanian court proceedings in relation to the Dike No. 19 dispute be immediately and unconditionally terminated, with no possibility to engage further judicial proceedings in Jordan or elsewhere on the substance of the dispute. | No | No |