issue #01, week 10. 08 March 2007
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

provides a condensed overview of recent events of interest to the international arbitration community.

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Recent issues:

NEWS

Q&A with Louis Wells: Risky Business? Protecting Foreign Investments

HBS Working Knowledge, Q&A with: Louis Wells, Published: March 5, 2007, Author: Sean Silverthorne

After a string of forced nationalizations of private enterprises in the 1960s and 1970s, the pendulum swung back and companies were again encouraged by host countries to build and run major infrastructure projects such as power and water. But a set of new property protections has done little to manage the risk in many of these politically unstable environments. Professor Louis T. Wells, coauthor of a new book on making foreign investment safe, discusses the current landscape. Key concepts include:

http://hbswk.hbs.edu/item/5613.html

India: SC dismisses NTPC's claim against Siemens

8 March 2007, Times of India, Dhananjay Mahapatra

State-owned National Thermal Power Corporation (NTPC) suffered a humiliating blow with the Supreme Court rejecting its counter-claims running into hundreds of crores against Siemens AG (SAG) for supply of components worth Rs 219 crore to the 817 MW Dadri gas-based power project. The huge claim was filed by NTPC before the International Court of Arbitration as a counter-blast to the German firm moving the forum demanding damages for the inordinate delay in opening of the letter of credit by NTPC in favour of Siemens AG as well as obtaining import licences for various equipment from statutory authorities.

Though the agreement between NTPC and Siemens was signed on December 6, 1999, the execution of the contract was considerably delayed, the reasons for which was attributable to NTPC. Top officials from both sides met on April 6, 2002, and agreed that Siemens will soon supply critical components and that NTPC would look into the claim raised by Siemens.

…

The Tribunal, after considering the parties, gave a partial award on July 31, 2002, and held that Siemens's claims were maintainable but NTPC's counter-claims were not as the latter's demands were met during the April 2002 meeting. NTPC challenged the partial award unsuccessfully before Delhi High Court and then appealed before Supreme Court.

A Bench comprising Justices A K Mathur and P K Balasubramaniam upheld the partial award of the Tribunal and the order of the HC, and said all the counter-claims stood covered by the decisions of the minutes of the April 2002 meeting.

http://timesofindia.indiatimes.com/NEWS/India_Business/SC_dismisses_NTPCs_claim_against_Siemens/articleshow/1733678.cms

Canada: Aeroports de Montreal Releases its Fiscal 2006 Results

CCNMatthews, March 7 2007

Aeroports de Montreal announced its audited consolidated financial results for the fiscal year ended December 31, 2006. These results are accompanied by data on passenger traffic and aircraft movements at Montreal-Trudeau and Montreal-Mirabel international airports.

Highlights

…

In early October, the International Centre for Settlement of Investment Disputes (ICSID) rendered its decision in the case of the illegal expropriation of Budapest-Ferihegy International Airport on January 1, 2002. The Hungarian government complied with the verdict and paid the agreed amount of $97.7 million Cdn ($83.8 million US). In accordance with existing agreements, Aeroports de Montreal's subsidiary is entitled to 55% of this amount, or $53.7 million Cdn ($46.1 million US). The related accounting gain is reflected in the share in the net gain of investments at equity value, which totals $36.6 million Cdn.

…

http://www.ccnmatthews.com/news/releases/show.jsp?action=showRelease&searchText=false&showText=all&actionFor=639203

What's New in the EU: Israel could benefit from arbitration process

The Jerusalem Post, Ari Syrquin, March 7

"I would like to see more Israelis in the arbitration work of the ICC," said Prof. Pierre Tercier, President of the International Court of Arbitration of the International Chamber of Commerce (ICC), in his speech last week to the Faculty of Law at Bar-Ilan University during the first ever visit to Israel of any person in this position. The ICC sets voluntary rules that companies from all parts of the world apply to millions of transactions every year. The rules created by the Commission on Arbitration, such as the Rules of Arbitration, the ADR (Alternative Dispute Resolutions) Rules, the Expertise Rules and the Dispute Board Rules, have become part of the legal fabric of international commerce.

http://www.jpost.com/servlet/Satellite?cid=1173173949205&pagename=JPost%2FJPArticle%2FShowFull

Venezuela: PDVSA preparing to proceed with ENI case - Venezuela

BNAmericas, Published: Tuesday, March 6, 2007 13:33 (GMT -0400)

Venezuela's state oil firm PDVSA is preparing to address Italian oil company ENI's (NYSE: E) case against the Venezuelan government over a hydrocarbons concession dispute, PDVSA president and energy and oil minister Rafael Ramírez said in Caracas. "We have to designate a person for the arbitrage," Ramírez told reporters. The case involves the Dación field dispute. ENI refused to sign a JV with PDVSA for Dación because it disagreed with the terms, leading the state oil company to seize operations. ENI filed the case with the World Bank's (WB) arbitration center ICSID.

http://www.bnamericas.com/story.jsp?sector=6&noticia=384617&idioma=I

Venezuela: Pdvsa paid Total-BP USD 250 million for Jusepín oilfield

Eluniversal.com, March 6

While arbitration continues at the World Bank's International Centre for Settlement of Investment Disputes (ICSID) in connection with termination by Venezuelan state oil giant Pdvsa of an agreement with Italian Eni to exploit Dación oilfield, the Venezuelan holding, French Total and British Petroleum (BP) Monday terminated their agreement related to Jusepín oilfield, located in eastern Venezuela. Pdvsa CEO and Minister of Energy and Petroleum Rafael Ramírez said the Venezuelan oil conglomerate agreed to pay USD 250 million, which will not be paid in cash but in oil shipments the volumes of which was not disclosed to the media.

http://english.eluniversal.com/2007/03/06/en_eco_art_06A841921.shtml

Venezuela: World Bank Arbitrators Register Eni vs Venezuela Case

by Liam Moloney, Dow Jones Newswires, February 20

The World Bank's International Center for Settlement of Investment Disputes, or Icsid, registered an application for arbitration lodged by Italy's Eni SpA (E) against Venezuela for the seizure of an oil field. The case was registered Feb. 6 according to the Web site of Washington D.C.-based Icsid. It writes the case is pending and that a tribunal hasn't been "constituted" yet.

http://www.rigzone.com/news/article.asp?a_id=41548

Philippines: Stench in NAPOCOR deal

ABS-CBN Interactive, March 7, Mary Ann Reyes

Energy industry insiders are again worrying about how the National Power Corp. is quietly embarking on what appears as another highly questionable power transaction. We're referring to the contract entered into by the NAPOCOR with the undercapitalized Lanao Hydroelectric Development Corp. (LHDC) which like Masinloc, was cornered under irregular circumstances. But Masinloc already had an existing coal-fired power plant but no valid contract. The LHDC on the other hand had a contract but no plant. Its idea of an Agus 3 hydroelectric plant is, just that, an idea.

…

Piatco is claiming from government $565 million in a case filed with the Singapore-based International Chamber of Commerce while another set of hearings is going on at the International Center for Settlement of Investment Disputes in Washington on the $425 million claim of Fraport.

…

If the petition is granted, AEDC lawyers say that government would likewise be absolved of the lawsuits before the ICC and ICSID which could cost the government around $1 billion.

http://www.abs-cbnnews.com/storypage.aspx?StoryId=68796

South Africa: Attorney reprises battle with DME

miningmx.com, 01 Mar 2007, Brendan Ryan

A FEATURE of a debate this week at the Wits Business School was the swordplay between lawyer Peter Leon and Department of Minerals and Energy (DME) chief director Futhi Zikalala over legal action underway against the South African government. Leon, a partner at legal firm Webber Wentzel Bowens, represents Luxembourg registered group Finstone which is suing the South African government for €266m in compensation for expropriation of mineral rights at its Marlin granite mining operations. The case is being taken to arbitration at the International Centre for Settlement of Investment Disputes (ICSID) in terms of bilateral trade treaties signed by the South African government with the governments of Italy, Luxembourg and Belgium.

http://www.miningmx.com/mining_fin/646868.htm

Slovenians Will Not Pay Compensation To HEP

Objavljeno: 28.02.2007

After not paying compensation to HEP, Slovenia is trying to obstruct arbitrage with the ICSID.

Hrvatska elektroprivreda (HEP - Croatian Electric Power) sought compensation of around 35 million euro (interests included) for non-supplied electricity from the Krsko nuclear power plant, while Slovenians are now trying to obstruct the started arbitrage with the International Centre Settlement of Investment Disputes in Washington.

Compensation claim without basis

The Slovenian Minister of Economy claims HEP`s compensation claim is without basis. According to him, the Slovenian party stated in its appeal to the compensation claim in January that this is an international dispute, and not an investment dispute between HEP and Slovenia, because of which the ICSID is not authoritative, and invited several witnesses in order to prove it.

http://www.javno.com/en/economy/clanak.php?id=23379

Bangladesh: Dispute Amid RPC & LIPPS Rams DNPP Power Project in to a Dull Uncertainty

EB Report, published 28/2/2007

Implementation of the 450 MW Dhaka North Power Project (DNPP) by Rural Power Company Ltd. (RPC) at Konabari, Gagipur District has been in a gloomy situation from the last one and a half year due to funding complications. The power project, which started in 2003 under the financial assistance of Islamic Development Bank (IDB), was to be in full flow commercial operation by Novenber 2006 with its initial first phase of 300 MW capacity. However, in the mid of 2005 RPC entirely replaced its management and forcibly ousted its Operator Company Lahmeyer International Pally Power Services (LIPPS).

…

Accordingly ALSTOM, Switzerland was engaged as the EPC Contractor for the Project and land development works had been initiated in full phase. Meanwhile, the RPC defeated in an International Arbitration Case in Singapore against its Mymensingh Power Plant Operator Company LIPPS, for ousting LIPPS by force and without any due reason from the duty of Operation and Maintenance of the Power Plant and a huge burden of over Taka 200 crorers has fallen over it, as compensation payable to LIPPS.

http://www.energybangla.com/article_det.asp?aId=462

Azerbaijan: Barmek's arbitration request against Economic Development Ministry to be considered in Washington on March 28

Azeri-Press Agency (APA), 27 Feb 2007

Washington-based International Centre for Settlement of Investment Disputes (ICSID) will hold a preliminary trial on the arbitration request lodged by Barmek against Azerbaijan's Economic Development Ministry. Deputy Minister Mikayil Jabbarov said there are two court rows with Barmek.

"We filed a request with the local court against Barmek and it lodged arbitration appeal with the ICSID. We have sent all the required paperwork to the ICSID," he said. He added that Dutch Fondel Metal also lodged a request against Azerbaijan with the ICSID and all the related documents have been sent.

http://en.apa.az/news.php?id=21924

Dominican Republic: ES Corporation countersues the Dominican Government for US$680M

Dominican Today, February 6

The [Dominican] Government confirmed today noon that was sued for 680 million dollars by the company TCW, whose operator in the country is the AES Corporation, which in turn is faces a lawsuit by the Dominican State for the dumping of the pollutant rockash in 2 provinces.

…

The plaintiffs allege that the Government failed to fulfill original terms of the contract signed at the time of the capitalization of the electrical distribution companies in 1999 and violated by the Dominican State whose authorities did not establish a billing regime as indicated in the capitalization contract.

…

He said that the documents had arrived from Washington, after being filed in the Arbitration Court of the Chamber of Commerce and the United Nations Court of International Arbitrage (UNCITRAL), both based in New York.

http://www.dominicantoday.com/app/article.aspx?id=22198

NEWMONT MINING - 0, UZBEKISTAN 1

Central Asia - Caucasus Analyst, Wednesday / February 07, Benjamin Abner

Uzbekistan's state property exchange said in a statement On February 5 that it will auction off the assets of U.S.-based Newmont Mining Corporation on March 2. Newmont has operated a gold mining facility in the Kyzylkum desert since shortly after Uzbekistan's independence. In 2006 Uzbekistan served Newmont with a $48 million tax bill and declared the company bankrupt. Uzbekistan's actions fit a wider trend of governments maneuvering to increase their control over national extractive industries.

…

Newmont has filed international arbitration claims against Uzbekistan in two separate venues. The first claim was filed in the International Centre for Settlement of Investment Disputes in Washington, D.C. and the second claim was docketed at the Arbitration Institute of the Stockholm Chamber of Commerce.

http://www.cacianalyst.org/view_article.php?articleid=4692

CHINA: ConocoPhillips seeks arbitration in dispute with CNOOC

ABC Money, 06 Feb 2007

ConocoPhillips has asked for arbitration in a dispute with China National Offshore Oil Corp (CNOOC) over costs incurred because of Beijing's windfall tax on oil sales, the Wall Street Journal reported, citing people familiar with the situation.

Under a rule introduced in March 2006, companies that produce oil, both onshore and offshore, to be sold in China are subject to a special tax of 20-40 pct on the portion of the price that is above 40 usd a barrel.

The report was not clear on the arguments put forward by ConocoPhillips in asking for arbitration, but said that under a production contract CNOOC and its foreign partners must agree to amend the contract terms to maintain the foreign partners' 'normal economic benefits' if they are affected by the introduction of a new law.

http://www.abcmoney.co.uk/news/06200718280.htm

USA: New Joint Dispute Resolution Service Ready to Launch

DR Times, February 20, 2007

The strategic partnership announced last fall between the American Arbitration Association and Cybersettle, Inc. has resulted in a unique dispute resolution service named ODR Solutions. This service will provide clients of both companies with the opportunity to use the dispute resolution services of both companies exclusively.

http://www.adr.org/sp.asp?id=29624

USA: John D. Feerick on the Federal Arbitration Act: Modern Arbitration at Its Core

DR Times, January 24

To commemorate the 80th anniversary of the Federal Arbitration Act, the American Arbitration Association sponsored a four-part, year-long lecture series. The first program, held in New York, featured a keynote speech by John D. Feerick, professor and former dean of Fordham University School of Law. Entitled Why A Federal Arbitration Act? Modern Arbitration at Its Core , Feerick's remarks dealt principally with the origins of the FAA, providing insight into its historic development, the contemporary debate on the need, or lack thereof, for such legislation, and the Congressional hearings surrounding the act's ultimate passage, which, Feerick reminded his audience, was without dissent.

http://www.adr.org/sp.asp?id=29600

CIArb: A Growing Trend Towards Mediation

CIArb Re-launches Journal and Dedicates First Issue to Mediation

The Chartered Institute of Arbitrators (CIArb), the international organisation of excellence for private dispute resolution, is proud to announce the re-launch of their Journal with the new title, Arbitration: The International Journal of Arbitration, Mediation and Dispute Management. The first issue, to be published in February 2007, will be specifically dedicated to Mediation. The new name and format is designed to emphasise the broad range of the Institute's activities, which, in addition to Arbitration, covers mediation and all forms of private dispute resolution.

http://www.arbitrators.org/Institute/PR_Mediation.asp

CIArb: National University of Singapore Law Students Qualify for CIArb Membership

NUS Faculty of Law to sign Memorandum of Understanding with Top Arbitration Institutes on Membership and Fellowship Qualifications

The National University of Singapore's (NUS) Faculty of Law, The Chartered Institute of Arbitrators (CIArb) and the Singapore Institute of Arbitrators (SIArb), today signed a Memorandum of Understanding (MOU) for accreditation of two NUS law courses as qualifications for Membership and Fellowship at the Institutes.

Under the MOU agreement, the CIArb has newly granted accreditation to the "International Commercial Arbitration" module, offered by the NUS Faculty of Law, as satisfying the requirements for admission as members of the CIArb. The Graduate Certificate in International Arbitration (GCIA) programme offered by the NUS Law faculty and accredited by CIArb and SIArb since 2004 will continue to be accredited by the institutes for the next three years. Under this scheme, GCIA graduates are accorded direct admission as Fellows of the SIArb and are exempted from all admission examinations for entry as Fellows of the CIArb.

http://www.arbitrators.org/Institute/PR_Singapore.asp

CIArb Reacts to Case: West Tankers Inc v. RAS Riunione Adriatica di Sicurta SpA & Ors

European Court of Justice Decision could Potentially Seriously Affect EU Arbitration

On 21st February, in the case West Tankers Inc v. RAS RiunioneAdriatica di Sicurta SpA & Ors ([2007] UKHL 4), the House of Lords decided (as it is obliged to do under Art.234 of the Treaty of Rome) to refer a key question to the European Court of Justice (ECJ) for decision. The ECJ's answer may have a substantial, and potentially serious effect, on arbitrations in EU arbitration centres such as London. The question, abbreviated, is: "may a court of a Member State grant an anti-suit injunction restraining a party from bringing proceedings in a court of another Member State where the parties have previously agreed to arbitrate their disputes".

http://www.arbitrators.org/Institute/PR_Case_WTIRAS.asp

Related: West Tankers Inc v RAS Riunione Adriatica di Sicurta SpA [2007] UKHL 4 - Anti-suit Injunctions in Support of Arbitration [Herbert Smith]

CIArb Welcomes Key Court of Appeal Judgment Concerning Arbitration

The Chartered Institute of Arbitrators (CIArb), the international organisation of excellence for private dispute resolution, welcomes the recent decision by the Court of Appeal confirming that an arbitral tribunal has jurisdiction to hear a case despite allegations that the principal contracts had been procured by bribery. A doctrine known as 'separability' separates the arbitration clause in a contract from the contract itself, thereby preserving the tribunal's jurisdiction to deal with issues impeaching the contract. This is the first time this issue has come before the English courts and it derives from a massive and complex suite of litigation and arbitration relating to a very large alleged fraud on the Russian state-owned shipping company, O.A.O. Sovcomflot.

http://www.arbitrators.org/Institute/PR_CIA0013.asp

ICC arbitration tops records in 2006

February 2007

ICC arbitration once again confirmed its international outreach in 2006 with proceedings in more countries than ever before and arbitrators of a record number of nationalities. A total of 593 new cases were filed, equalling the record set in 2002.

http://www.iccwbo.org/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=11088

ICC: New parties to New York Convention

January 2007

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards will shortly be in force in 142 countries worldwide, following the recent accession of the Bahamas, Gabon and the Marshall Islands. All three States have acceded to this key international arbitration treaty without reservations.

http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention_status.html

USA: Challenging an Arbitral Award in the CBA context [pdf]

via www.karlbayer.com

The Fifth Circuit just released an opinion reversing a district court's vacatur (link is to.pdf file) of an arbitral award in the collective bargaining context. The opinion sets out the standard of review for arbitral awards when the arbitration is established by the collective bargaining process.

http://www.ca5.uscourts.gov/opinions%5Cpub%5C05/05-30813-CV0.wpd.pdf

CISG and UNIDROIT Principles Survey

via internationaldisputeresolution.blogspot.com

Stetson University College of Law is conducting a brief survey of international contract practices. The schools' intent in this questionnaire is to access practitioners' familiarity and use of the CISG and UNDROIT Principles of International Commercial Contracts.

http://www.law.stetson.edu/CISG/

ACICA concludes cooperation agreement with the FICCI Arbitration and Conciliation Tribunal

via www.acica.org.au

ACICA is pleased to announce that it has recently concluded a cooperation agreement with the FICCI Arbitration and Conciliation Tribunal (FACT). FACT is a part of the Federation of Indian Chambers of Commerce and Industry (FICCI), which is the largest and oldest apex business organization of Indian business. More information on FACT can be found here www.ficci-arbitration.com.

The Fourteenth Annual Willem C. Vis International Commercial Arbitration Moot

via www.acica.org.au

ACICA is proud to announce that it will sponsor the Fourteenth Annual Willem C. Vis International Commercial Arbitration Moot. The Moot will take place in Vienna from 30 March to 5 April 2007. It is anticipated that once again the Moot will be hugely successful, with over 160 law schools from around the world taking part. The goals of the Vienna Moot are to foster the study of international commercial law and arbitration and to train the leaders of tomorrow in alternative methods of dispute resolution.

There is also a "sister" competition to the Vienna Moot which is the Fourth Annual Willem C. Vis (East) International Commercial Arbitration Moot. The Vis (East) Moot will take place in Hong Kong from 19 to 25 March 2007, immediately prior to the Vienna Moot.

For more information on the Vienna Moot, visit its website: http://www.cisg.law.pace.edu/vis.html. For more information on the Vis (East) Moot, visit its website http://www.cisgmoot.org/.

Thailand May Change Investment Laws to Restrict Foreign Control of Certain Companies [pdf]

January 2007

The government of Thailand recently indicated its intention to tighten foreign investment laws to prevent foreign investors from controlling certain Thai companies. The Cabinet approved the decision, which still requires approval by two other government bodies, on 9 January 2007. The proposed Foreign Business Act appears to bar foreign majority ownership of companies in industries ranging from media to legal services to construction. Until now, Thailand has only considered shareholdings as a basis to evaluate whether companies are foreign-owned. This has permitted international companies to use special voting rights to control Thai-owned subsidiaries. The new Act, if ratified, will allow voting rights and actual control of companies to be considered when determining foreign ownership.

http://www.lw.com/resource/Publications/_pdf/pub1760_1.pdf

USA: Santa Monica and Oil Companies Reach Settlement for Water Clean Up Project

JAMS neutral Judge Keith Wisot (Ret.) has helped the City of Santa Monica and a consortium of energy companies, including Shell, Chevron and ExxonMobil, reach an agreement that will streamline construction of a new water treatment system. Under this recent agreement, Shell, Chevron and ExxonMobil agreed to pay the city $131 million, which allows the city to fully fund the companies' current obligations to construct a water treatment plant for water produced from the city's Charnock Well Field.

http://www.jamsadr.com//FeatureFull. asp?Feature1ID=67

COUNSEL MOVES

Counsel vacancy at ICC Court Secretariat

February 2007

Applications are invited for the post of Counsel at the Secretariat of the ICC International Court of Arbitration. This is an opportunity for a person with common law legal training to head a specialized team managing ICC arbitration cases.

http://www.iccwbo.org/court/arbitration/id4430/index.html

White & Case Boosts Latin Practice by promoting four lawyers to partners: Jonathan Hamilton, Juan Antonio Martín, Tomer Pinkusiewicz and John Vetterli

Global law firm White & Case LLP is continuing to expand its Latin America practice by promoting four lawyers to partners. Jonathan Hamilton, who represents both investors and sovereign governments in Latin America, is part of the Firm's International Arbitration practice. "Jonathan has lived and practiced in the region and is therefore central to our provision of services across practice areas and offices," said Alexis E Rovzar, head of the firm's Latin American practice. Hamilton, now based in Washington, spent several years in the Mexico City office.

Three other lawyers in the Firm's Corporate practice have been named partner: Juan Antonio Martín in Mexico City, and Tomer Pinkusiewicz and John Vetterli in New York. Pinkusiewicz and Vetterli have extensive work experience with Latin American clients.

http://www.whitecase.com/News/Detail.aspx?news=1567

Crowell & Moring Expands International Arbitration Practice With New Partner and Co-Chair Arif Hyder Ali

Crowell & Moring LLP is pleased to announce the addition of partner Arif Hyder Ali to the firm's International Arbitration Practice, which he will co-chair with partner Stuart H. Newberger. Ali brings 17 years of experience in international dispute resolution and investment risk management counseling, spanning more than 30 countries and five continents. Ali is joined by associate Baiju Simal Vasani.

http://www.prnewswire.co.uk/cgi/new s/release?id=192072

Freshfields boosts London arbitration practice with Nigel Rawding, Constantine Partasides, Brian King

Lawfuel, February 27, 2007

Responding to the growing importance of the London market for international arbitration work, top-ranked international arbitration firm Freshfields Bruckhaus Deringer has announced plans to bolster its London practice with the relocation of three of its most highly-rated practitioners to join Geoff Nicholas and his team.

Nigel Rawding, a partner since 1991, returns to the London office in Spring 2007, having spent nearly two years working alongside fellow leading practitioner Lucy Reed in the firm's New York office. Constantine Partasides, based in Paris with Jan Paulsson's team since 1998 and a partner since 2004, returns in Summer 2007 to London where he first trained and then qualified into the firm's dispute resolution practice. Brian King, a New York-qualified lawyer based in Amsterdam since 1999 and a partner since 2002, also moves to London in Summer 2007. Commenting on the move, global practice group head Jan Paulsson observed, 'We are fortunate to have in our international arbitration group some of the leading individual practitioners in the field, whose expertise and experience contribute to our ranking as the number one firm in this practice area. The practice has a long tradition of transferring and combining talent between and within its flagship offices, including long-term postings as well as the day-to-day assembling of multi-jurisdictional and multi-lingual teams for individual cases.

http://lawfuel.com/show-release.asp?ID=10906

International Arbitration Lawyer James Castello Joins LeBoeuf Lamb's Paris Office

February, 2007

LeBoeuf, Lamb, Greene & MacRae announces that James Castello has joined its Paris office as senior counsel. James will work closely with arbitration specialist Eric Schwartz who heads the international arbitration practice in LeBoeuf Lamb's Paris office.

James has advised and represented clients in a wide range of legal disputes, particularly international arbitrations (both institutional and ad hoc). Clients in such disputes or proceedings have been based primarily throughout Europe, in the United States and Mexico. Recent matters in which he has been involved have ranged from large infrastructure or commercial projects to a failed commodity purchase to a contested privatization of leased government property.

http://www.llgm.com/News/detail.aspx?news=1 499

Latham & Watkins Strengthens Litigation Team in New York, Joseph J. Frank joins the firm's New York office

Latham & Watkins LLP is pleased to announce that Joseph J. Frank will join the firm's New York office as a partner in the Litigation Department, effective February 1, 2006. Frank brings strong international arbitration experience and a wide range of experience in securities matters, including class action defense, mergers and acquisitions litigation, and professional liability defense. Fluent in Spanish and French, Frank also has a substantial Latin American and European practice serving some of the regions' most high profile corporations in complex commercial litigation.

http://www.lw.com/resource/Publications/PressRelease/pressRelease.asp?pid=1477

Former USF School of Law Dean, Jay Folberg, Esq., Joins JAMS Panel

February 26, 2007

Jay Folberg, former Dean and now Professor Emeritus at the University of San Francisco School of Law, has joined the panel of JAMS, The Resolution Experts as a mediator and arbitrator. He is based in the JAMS San Francisco Resolution Center in the Embarcadero Center. "I look forward to offering my dispute resolution services through JAMS and devoting more time to mediation and arbitration," said Mr. Folberg. "I have dedicated my professional career to ADR and I thoroughly enjoy the challenges of resolving complex, multi-party cases."

http://www.jamsadr.com/press/show_rel ease.asp?id=260

BOOK ANNOUNCEMENTS

International Investment Arbitration: Substantive Principles

by Campbell McLachlan, Laurence Shore, Matthew Weiniger

Hardcover: 600 pages; Publisher: Oxford University Press, USA (August 15, 2007); Language: English

ISBN-10: 0199286647; ISBN-13: 978-0199286645

Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements.

Disputes that have arisen are often resolved through the forum of international arbitration, and typically involve claims by an investor company for compensation when an investment has been illegally expropriated or adversely affected by the state's activities. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. However, the volume of law created, applied and analysed by tribunals is such that it is now possible to begin the necessary process of codification.

International Investment Arbitration: Substantive Principles is an important step in this process. The book provides a detailed analytical survey of the developing substantive principles which are being applied to disputes by international investment tribunals. It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights; expropriation; compensation and remedies.

As the volume of international investment arbitration grows, international law firms are increasingly having to acquire expertise in all aspects of this specialised and rapidly developing field. Written by a leading author team from Herbert Smith, and benefiting from the public and private International law experience of Professor Campbell McLachlan, this book is an essential reference work for international arbitration counsel, arbitrators, and academics.

NOTE: OGEMID/TDM members are eligible for a 20% discount on all OUP books, see https://www.transnational-dispute-management.com/news.asp?key=74.

UPCOMING COURSES

University of California, Davis - Summer programs

2007 marks the 18th year that the University of California, Davis School of Law will offer attorneys, judges and legal professionals from around the world the opportunity to participate in our programs, especially designed for foreign practitioners and students. The following are some special program highlights:

Summer programs (in chronological order):

(1) "International Commercial Contracts and Dispute Resolution" is the topic of this year's annual International Commercial Law Seminar in Cologne, Germany, a joint collaboration between the University of California, the University of Cologne and the German Bar Association (DAV) June 18-29, 2007.

http://extension.ucdavis.edu/unit/international_law/germany.asp?utm_campaign=Law&utm_medium=Email&utm_source=Arial&utm_content=bar

(2) The first annual International Commercial Law Seminar held in Guadalajara, Mexico. The topic will be "Secured Transactions and Cross Border Securitizations" offered July 2-6, 2007 at the Universidad Panamericana, Guadalajara campus.

http://extension.ucdavis.edu/unit/international_law/mexico.asp?utm_campaign=Law&utm_medium=Email&utm_source=Arial&utm_content=bar

(3) Orientation in U.S.A. Law (July 8-August 4, 2007) provides an excellent overview of the U.S. legal system. Over the past 17 years, more than 1,700 participants from 50 countries have taken part in this program.

http://extension.ucdavis.edu/unit/international_law/orientation.asp?utm_campaign=Law&utm_medium=Email&utm_source=Arial&utm_content=bar

(4) The Global Trading System (August 6-17, 2007) is a program that provides attorneys, as well as legal, corporate and business professionals valuable knowledge about international trade, commerce and investment.

http://extension.ucdavis.edu/unit/international_law/global.asp?utm_campaign=Law&utm_medium=Email&utm_source=Arial&utm_content=bar

Graduate programs:

(1) The Master of Laws (LL.M.) program is offered August to May of each year.

http://extension.ucdavis.edu/unit/international_law/master/master_of_laws_llm/index.asp?utm_campaign=Law&utm_medium=Email&utm_source=Arial&utm_content=bar

(2) The Summer International Commercial Law LL.M. is offered in July and August of each summer for working attorneys.

http://extension.ucdavis.edu/unit/international_law/master/international_commercial_law_llm/index.asp?utm_campaign=Law&utm_medium=Email&utm_source=Arial&utm_content=bar