issue #03, week 13. 27 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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NEWS

Viet Nam: Pledges to fast-track licenses for foreign investors

26-03-2007, http://vietnamnews.vnagency.com.vn/showarticle.php?num=06BUS260307

The Vietnamese Government is committed to streamlining licensing procedures for foreign investors, according to Minister of Planning and Investment Vo Hong Phuc. "We have pledged to follow the licensing procedures that we have drawn up," said Phuc, speaking at the 40th annual meeting of the Asia-Pacific Council of American Chambers of Commerce (APCAC) in HCM City last Friday. ...

UAE: Foreign Investment Law by 2008

Khaleej Times, Lucia Dore - 23 March 2007. http://www.khaleejtimes.com/DisplayArticleNew.asp?xfile=data/business/2007/March/business_March639.xml&
section=business&col=

DUBAI — The UAE Foreign Investment Law, which is in its early draft stages and is designed to make it easier for foreign investors to invest in the country, could be ready by the end of this year, or early 2008, according to an economic adviser at the Ministry of Economy. The law will seek to regulate incoming foreign investment into the UAE, introduce best practice, and provide investors with a "one stop" legal reference point for foreign investors.

…

Although the new law will not standardise all laws and regulations throughout the country "it will, at least, provide foreign investors with certainties about the main issues they would be looking at," he said. "What we are trying to do is to provide, at least, a common denominator — a standard law governing foreign investment," he explained.

…

A foreign investment law is important, not merely to facilitate a greater inflow of foreign capital, but also to encourage foreign investors to invest in new and innovative ideas, including start-up companies.

…

According to Al Farra, the Competition Law, which in its final draft stages, is likely to be issued this year, "either before or after the summer."

Iraq: The application of new Investment Law

http://www.iraqdevelopmentprogram.org/idp/news/new1528.htm

The application of the new Iraqi investment law has actually started after announcing the formation of the National Investment Institution which will be responsible for designing investment policies, drafting regulations and monitor their application. A high-ranking source in the Iraqi Ministry of Finance said that the purpose of the Institution is to be responsible for all investment projects of federal nature exclusively, as there will be regional and provincial bodies, which will also be responsible for investment planning and the granting of invest licenses in their regions.

The National Institution is run by a council consists of nine members with expertise and competence, and the chairman of the council is nominated by the Cabinet for a period of five years. The source said that the law aims to achieve a number of objectives; the most important of which are: encourage investment and transfer modern technologies to contribute in developing the Iraqi economy, also encourage the Iraqi and foreign private sector to investment in Iraqthrough securing the necessary facilities for the establishment of enterprises and enhance competitiveness, as well as develop the human resources according to the market requirements and provide job opportunities for the unemployed. In addition to this, the law contained some articles concerning the protection of the rights and properties of investors and the expansion of exports, balance of payments and Iraqi trade balance.

…

As for the machinery and equipment imported for the investment project, the source explained that those equipments are exempted from taxes and duties on condition they are admitted within three years of granting the license; those same articles are exempted in case of expansion or increasing the designing power. The imported spare parts are also exempted from taxes on condition they do not exceed 20% of the purchase value of those equipments.

Iraq: Foreign companies in scramble for 10 new Kurdish oil contracts

by Belfast Telegraph, Saeed Shah, http://www.belfasttelegraph.co.uk/business/article2385332.ece

While the rest of Iraq continues to be ravaged by violence, the Kurdish Regional Government hopes to sign oil exploration deals with 10 foreign companies this year. KRG's natural resources minister, Ashti Hawrami, speaking at a conference in London yesterday, predicted that production in the Kurdish region would rise to 200,000 barrels per day by 2008, and 1 million bpd over the next five years - half the current oil output of the whole of Iraq.

…

Under an oil investment law which has just been approved by the Iraqi central government, the rules for foreign involvement in the whole of the country have been set down for the first time. The KRG has been signing such deals since 2002, but the new federal oil laws are expected to lead to much greater interest from international companies.

…

Mr Hawrami vowed to publish the terms of the contracts signed so far and said he would "challenge anyone to say they are not good terms for Iraq" . …

Indonesia: Pertamina settles power dispute

John Aglion, Jakarta, Financial Times, http://www.ft.com/cms/s/1d4bafee-d81b-11db-9c85-000b5df10621.html

Pertamina, Indonesia's state oil company, will pay $319m to Karaha...cancelled geothermal power project.The announcement from Pertamina came as it abandoned a lengthy legal battle to overturn...Karaha Bodas is incorporated, recently ruled against Pertamina. "It's final. It's a supreme court decision," he said...

Netherlands Signs Investment Agreement with Algeria

http://www.nisnews.nl/public/210307_2.htm

Economic Affairs State Secretary Frank Heemskerk signed an investment protection agreement (IBO) on March 20th with the Algerian Ambassador, Benchaa Dani. Gas supplies will play an important role.

"This IBO is a bilateral treaty between the Netherlands and Algeria under which both countries sign up to treating mutual investments well" and that "creates legal security for mutual investors," according to the economic affairs ministry. The treaty "enables a further intensification of mutual trade relations. This is important for Dutch investors because the Algerian market is attractive for sectors such as energy and agriculture." Algeria is "potentially an important supplier of LNG (liquid natural gas)" to the LNG landing terminals that are planned in the Netherlands. "The Netherlands has the ambition of becoming the 'gas rotunda' of Europe. Imports of among other things gas from Algeria will contribute to this."

NOTE: Dutch & French versions of this BIT are available for our TDM Readers - contact us if you would like to receive a copy.

South Africa: DME extends rights-claims deadline

Matthew Hill, 22 March 07, http://www.miningweekly.co.za/article.php?a_id=106199

Mining companies would now have a period of 180 days after April 30, 2009, to lodge claims with the Department of Minerals and Energy (DME) before their mining rights were expropriated, DME DG Sandile Nogxina told journalists on Thursday. The DME met with the Chamber of Mines on Thursday to discuss an amendment to the Minerals and Petroleum Resources Development Act (MPRDA), which sought to harmonise perceived misalignments between the MPRDA and the period for presciption of claims against the DME, when the deadline for minerals rights conversions arrived on April 30, 2009…

South Africa: Italy raises concern about SA's mine law, but takes hands-off position in granite dispute

15 Mar 07, http://www.miningweekly.co.za/article.php?a_id=105736

Italy's ambassador to South Africa Alessandro Cevese confirmed this week that there have been some engagements between officials from the Italian and South African governments over South Africa's mining legislation, which had become the subject of an international legal dispute involving two Italian granite miners, which believe that their operations were unlawfully expropriated. However, he stressed that the Italian government was now standing back from the case and that the dispute had not influenced its overall position on South Africa as a safe investment risk for current and future Italian investors.

Granite miners Marlin Holdings Limited and Marlin Corporation Limited and Red Graniti SA (Pty) Limited, sought, and were granted, compulsory international arbitration against the South African government by the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) in Washington. The request, under ICSID's additional facility, arose out of the May 2004 entry into force of the Mineral and Petroleum Resources Development Act, 2002, which placed previously privately-owned mineral resources under State custodianship. For miners to convert their rights from the old private mineral-rights regime to the new order, they now had to satisfy certain criteria, including the sale of a 26% equity stake to previously-disadvantaged South Africans.

…

South Africa: Italian lawsuit could have implications for South African mineral rights

Tessa Kruger, 21 Mar 2007, http://www.mineweb.net/mineweb/view/mineweb/en/page54?oid=18473&sn=Detail

Court claim disputes "expropriation" of mineral rights under SA Mineral and Petroleum Resources Development Act.

JOHANNESBURG - A legal case that three Italian mining companies are bringing against the South African government could not only remove BEE requirements for multinational mining companies operating in South Africa, but could also have implications for previous owners of unused rights and those who failed to convert old order rights, if the claims are upheld.

The three Italian mining companies were taking legal action against the government over rules forcing businesses to help make amends for discrimination suffered by black people under apartheid.

Peter Leon, South African attorney for granite miners Marlin Holdings, Marlin Corporation and Red Graniti SA, which are suing the government for €266 million ($349m) compensation, said today that if successful the case will at the least be a catalyst for other mining companies to bring similar actions against the government and it could set a new precedent in the country.

He said a hearing by the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) was likely to only start by the end of this year as the parties still had to agree on a person to chair the tribunal and rules and procedures for the hearing had to be established.

The hearing would probably take place over a period of two years.…

Liberia: Liberia's Investment Law Out-of-Date Says World Bank Official

The Analyst (Monrovia) - OPINION, March 23, 2007, http://allafrica.com/stories/200703231105.html

The need for the review of investment in Liberia is a matter of must, if the jobs opportunities promised for Liberians by President Ellen Johnson-Sirleaf is to be realized. According to light minds, that has to be done in line with acceptable standards. Perhaps, this is why the World Group through its agency, the investment climate team for Africa, has been in the country assessing the investment climate and other things over the last twelve months…

Turkey: New $19B arbitration case threat to Turkish government from Dutch company on Telsim sale

EkoTürk News Agency / Ankara, 16 March 2007. http://www.thenewanatolian.com/tna-24378.html

Dutch investment company Saba Fakes, who claim to hold the biggest part of shares of Turkey's second big GSM operator Telsim, is preparing to file an arbitration case at International Arbitration amounting to 19 billion dollars in reparations. Dutch investment company Saba Fakes stated that after letters are sent to the President Ahmet Necdet Sezer, Prime Minister Recep Tayyip Erdogan, Finance Minister Kemal Unakitan, Minister of Justice Cemil Çiçek, Minister of Transportation Binali Yildirim and Savings Deposit Insurance Fund (TMSF) President Ahmet Ertürk on March 14, the case will be initiated at The International Centre for Settlement of Investment Disputes (ICSID),

…

Dutch investment company Saba Fakes takes to court the damages inflicted by the Turkish Government with the claim that Holland-Turkey Protection of the Bilateral Investments Agreement is infringed. The "Holland-Turkey Protection of the Bilateral Investments Agreement", which became effective as of November 1, 1986, protects the rights of Dutch investors making investments in Turkey.

The letter that the Dutch investor of Telsim sent to Turkish Government and the TMSF pointed out that the specific rules of the international law and the rules of the bilateral agreement signed between Turkey and Holland was infringed. The letter underlining that "TMSF illegally confiscated the assets of Telsim" showed the fact that "The administrators which were assigned by the TMSF made great operational losses after the confiscation and led to the value of Telsim to decrease" as the basis for the arbitration case.

The letter also argued "Telsim is sold to British Vodafone Company through an illegal tender for 4.5 billion dollars, which is an amount much lower than the real value of Telsim".

Moreover, Saba Fakes declared that the companies participated in the tender agreed on the issue of setting the price and thus rigged the bidding process.

On the other hand, in order the arbitration case not to be initiated, Turkish Government should first try to compromise with the Dutch investor Saba Fakes. In case the negotiations following the effort to compromise fail, Dutch investor will appeal to the ICSID and prosecute Turkey for international arbitration.

The Arbitration Committee, which will be come together after the case is adopted, will determine the amount of the damage fee, which Turkey will pay due to the infringement of the agreement. Due to the international law bodies, amount of the given damage fee may reach 19 billion dollars. This case will be the highest amount of damage fee against Turkey throughout the Republic history.

India: Supreme Court to set up commercial benches

15/03/2007, http://www.hamropalo.com/front/feature/0/2767/sc_to_set_up_commercial_benches:_report.htm

The Supreme Court (SC) is mulling to set up commercial benches to look after the business related issues. The Himalayan Times daily quoted joint registrar of the SC Binod Sharma as saying, "We have been making preparations to set up such benches to look after business related issues after rise in business related cases."

According to him, the issue will be discussed during the hearing in a full-court meeting of justices soon, adding, "The benches will be set up following the approval of the full-court meeting."

…

The benches will look into cases related to company disputes, secured transitions, contracts and banking, negotiable instruments, arbitration, intellectual property rights, finance, foreign investment, insurance, securities, partnership, construction and transportation.

A working group comprising Chief Judge of Jumla Tarka Raj Bhatta and district judges Ananta Raj Dumre, Tek Narayan Kunwar, Narishwor Bhandari and Murari Babu Shrestha has been formed to study the matter and submit recommendation. "We have recommended that a short procedure should be adopted to decide commercial disputes as such cases need to be decided soon," said judge Kunwar.

Armenia: Global Gold alleges Armenia requests bribe

Todd Flagg, 16 Mar 2007, http://www.resourceinvestor.com/pebble.asp?relid=29907

U.S.-based Global Gold Ltd. requested an arbitration demand that accuses Armenian authorities of hobbling various gold mining investments, through a refusal to renew and grant appropriate mining licenses. In addition, Global Gold alleges that it confronted a demand from a senior government minister for a $3 million bribe. Global Gold, who filed the arbitration demand with International Centre for Settlement of Investment Disputes (ICSID), alleges that its licensing woes were aggravated after the firm refused the bribe request.

Ecuador President OKs Hiring Of Defense Counsel In Arbitration

3-19-07, http://news.morningstar.com/news/ViewNews.asp?article=/DJ/200703191217DOWJONESDJONLINE000348_univ.xml&Cat=IndSect

QUITO - Ecuador President Rafael Correa approved the hiring of a law firm to defend the country in an arbitration case filed against it by U.S.- based Occidental Petroleum Co. (OXY), a government official told Dow Jones Newswires. "Although (Correa) maintains that Oxy's arbitration is illegal and that the company was expelled from Ecuador for failing to comply with its contract, he admitted the need to hire a law firm to head up the defense," said the official, who asked not to be identified.

…

In May 2006, the government of former president Alfredo Palacio revoked Occidental's contract to operate the Block 15, Eden-Yuturi and Limoncocha oil fields. The government said the company violated several terms of its agreement. Occidental filed an arbitration against Ecuador in the World Bank's International Centre for the Settlement of Investment Disputes in early July.

Ecuador has hired U.S.-based lawyer Paul Reichler to represent the government in the first hearing, scheduled for May 2-3. In the first hearing, the three judges that make up the ICSID panel are to approve the general timeline for the rest of the legal proceeding.

Reichler also is to ask the tribunal to dismiss a temporary injunction requested by Occidental, which is asking that ICSID bar the government from transferring the assets to other operators. Occidental values its operations, assets and investments in the Andean nation at $1 billion. Reichler also is to reiterate Ecuador's assertion that ICSID has no jurisdiction over the case.

…

In Arbitrations, Use of Spanish Is Growing

Vesna Jaksic, The National Law Journal, March 23, 2007. http://www.law.com/jsp/article.jsp?id=1174554223294

When Anibal Martin Sabater joined Houston's Fulbright & Jaworski four years ago, he said he rarely got to use his Spanish skills. "We always had a strong Latin American presence when it comes to arbitration, but when I came here in 2003, I don't think we had any arbitration cases in Spanish even though several of those involved Latin America," said Sabater, a native of Spain who works as an international arbitration adviser. "Right now, it's become a necessity for firms doing arbitration with Latin American companies to provide Spanish-speaking counsel," Sabater noted.

Opinion: Moncrief Oil Int'l, Inc. v. OAO Gazprom, et al. [PDF]

via www.karlbayer.com, http://www.ca5.uscourts.gov/opinions/pub/06/06-10552-CV0.wpd.pdf

Earlier this week [12], the Fifth Circuit handed down an opinion holding that personal jurisdiction did not exist (link is to .pdf) as to several Russian companies that had been sued by a Texan company for allegedly breaching an agreement to produce natural gas from the Yuzhno-Russkoye gas field. Since the contract was executed in Russia and performance would have taken place in Russia, the Court affirmed a trial court ruling that no personal jurisdiction existed against the Russian defendants.

…

The contract in question contained an arbitration clause requiring arbitration in Russia pursuant to Russian law, a fact the Court noted in its personal jurisdiction analysis. The Russians, of course, had also moved to compel arbitration, but since their plea to the jurisdiction was granted the Court did not reach the arbitration point.

TRIBUTE: Judge Ajibola

March 22, 2007, http://www.vanguardngr.com/articles/2002/politics/march07/22032007/p122032007.html

The birth of Judge Bolasodun Adesumbo Ajibola on March 22, 1934, to the royal family of Gbadela in Owu, Abeokuta was a blessing to the world. His track record on the international scene has proved that the world class jurist has come with a purpose to shape the world through law. His ingenuity in the pursuit of peace and conflict resolution among nations of the globe has proved that he has come with a mission to rule the world. His magical touch to douse tension in different parts of the world through international arbitration is a manifestation that the great Prince of our time has come with a vision to ensure that the troubled world is at peace. His restlessness even at the age of seventy three to resolve international boundary disputes shows that the jurist has the objectives of ensuring world peace. And his globe-trotting of borders of many nations come with the determination that the world should be a better place…

Guatemala: RDC Files Notice of Intent to Submit Claims for Arbitration Under CAFTA Against the Republic of Guatemala

http://www.marketwire.com/mw/release_html_b1?release_id=226112

PITTSBURGH, PA -- (MARKET WIRE) -- 03/13/07 -- On the morning of Tuesday, March 13, Railroad Development Corporation (RDC) filed its Notice of Intent to Submit Claims to international arbitration against the Republic of Guatemala under the Central America-Dominican Republic-United States Free Trade Agreement (CAFTA). RDC filed its Notice of Intent to Submit Claims against the Republic of Guatemala on behalf of itself and its Guatemalan affiliate, Ferrovias Guatemala.

RDC Chairman Henry Posner III, who also serves as Chairman of Ferrovias Guatemala, commented, "Recent actions by the Government of Guatemala have amounted to an indirect expropriation of our company's assets and direct interference with its contractual rights. Further, we believe that these actions were taken on behalf of private Guatemalan companies interested in selected assets contained in the 'usufruct' (50-year concession) we won through a bid process in 1997. This has left us no choice but to seek remedies to the conflict at the international level, as it is clear that the legal system in Guatemala will continue to be manipulated against us. CAFTA was intended to promote private sector investment by affording protection to international investors, and we are now seeking that protection."

RDC's action is believed to be the first notice of intent to use investor-state dispute resolution under Chapter 10 of CAFTA. In August of 2006, following the effective date of CAFTA, the Government of Guatemala issued a Presidential Decree declaring the privatization of the national railway rolling stock "lesivo," or against the interests of the State. Since then, Ferrovias Guatemala has suffered increased losses due to inability to obtain credit; reluctance of freight transportation customers to do business with a private entity under attack by the Government of Guatemala; and inability to generate lease revenue from railway-related businesses such as lease of station facilities in urban areas and the railway's right-of-way between urban centers for businesses such as electricity distribution. RDC President Robert A. Pietrandrea commented, "As the first example of the restoration of a completely abandoned national railway by the private sector, the usufruct agreement was structured in such a way as to use revenue from businesses such as leases in order to fund the basic railway infrastructure. The Government of Guatemala's failure to treat Ferrovias Guatemala and its investors fairly as required under CAFTA has so undermined our ability to operate and meet our investment objectives that it constitutes an indirect expropriation of the company's assets and right to earn revenue."

With its filing, RDC has triggered the initiation of an arbitration process which will allow it to present its claims through arbitration at the end of a 3-month waiting period. In the meantime, RDC has signaled its intent to confront the "culture of corruption and denial" referenced in its August 2006 press release issued at the time of the Presidential "lesivo" decree. Posner added, "By taking this action we have made it clear that we are willing to commit substantial financial resources to this dispute resolution process, in addition to the substantially increased operating losses that we are currently suffering. We have engaged the finest legal talent available in both Guatemala and the international arena. Specifically, we are represented in Guatemala by Díaz-Durán & Asociados Central-Law (www.central-law.com), and at the international level by Greenberg Traurig LLP at Greenberg Traurig. Among our legal team is Ms. Regina Vargo, who was personally involved in the negotiation of the CAFTA Treaty; Mr. Allen Foster, a well known and highly respected litigator and arbitration specialist; and Ms. Ruth Espey-Romero, who has been representing global companies and governments on legal and bilateral issues in Central America for the past 16 years."

Ms. Vargo commented, "CAFTA will only bring economic opportunity to the people of Guatemala to the extent that its government is held accountable for its actions. Fortunately, CAFTA gives RDC the right to take this wrongful expropriation to impartial international arbitration. Another blow will be struck for the rule of law in Guatemala when the Government's lesivo declaration is forced to withstand the scrutiny of international standards of fairness and protection."

Posner concluded, "As we indicated in August, we are under tremendous pressure financially due to the chilling effect of the government's actions against us. At the same time, keeping an under-capitalized railroad open in an environment like Guatemala's has proven supremely challenging in any number of ways; this ranges from flooding to invasion by squatters to outright theft of our right-of-way by both private sector and public sector entities, with the tacit encouragement of the central government. For these reasons we have taken this drastic action in an environment where the government has not only ignored its responsibilities under the terms of the usufruct but has acted against us and is now taking steps to drive us out without paying fair compensation. We do so sustained by our fundamental belief in railways as a source of both economic and environmental benefits, and in the expectation that in the long run our efforts will be appreciated by our host country."

RDC is a privately held Pittsburgh-based railway management and investment company, focusing on "Emerging Corridors in Emerging Markets." For more information about RDC and its joint ventures in the USA, Argentina, Guatemala, Peru, Malawi and Mozambique, please visit www.RRDC.com.

Greenberg Traurig, LLP is an international, full-service law firm with 1,600 attorneys and governmental affairs professionals in the U.S., Europe and Asia. The firm is ranked seventh on The American Lawyer's Am Law 100 listing of the largest law firms in the U.S., based on number of lawyers.

ICC arbitration extends global reach in 2006

20 March 2007, http://www.iccwbo.org/iccbcbda/index.html

The ICC International Court of Arbitration increased its global presence in 2006, with proceedings located in a record 52 countries and arbitrators of 71 nationalities being appointed or confirmed by ICC. ICC further consolidated its reputation as the most experienced institution for the resolution of international business disputes, receiving a total of 593 new cases in 2006, matching its all-time record set in 2002.

As many as 1613 parties were involved in those cases, which represents an increase of 13.4% over the number of parties involved in the cases filed in 2005. The public as well as the private sector was represented, with 10.5% of cases filed in 2006 involving a State or parastatal entity.

A total of 55.5% of the new cases brought in 2006 involved an amount in dispute of more than US$ 1 million, a slightly higher percentage than the year before.

With members hailing from 86 countries on every continent, the ICC Court is the most widely representative dispute resolution institution in the world.

More detailed statistics on ICC arbitration in 2006 will be published in the ICC International Court of Arbitration Bulletin, Volume 18/No. 1.

EU: Commission takes Finland to EU court over investment deals

7.3.2007 - http://virtual.finland.fi/stt/showarticle.asp?intNWSAID=15178&group=Politics

The Finnish government said in a statement Wednesday that the European commission had brought legal action against Finland. The commission's writ concerns eight bilateral investment protection agreements signed by Finland and Belarus, China, Egypt, Malaysia, Russia, Sri Lanka, Ukraine and Uzbekistan before Finland joined the EU in 1995. According to the commission, the agreements contain clauses that allow the free transfer of assets that are related to the investments between the contracting parties. … Finland is required to give its response to the European Court of Justice by the middle of April.

China approves law that protects private property

International Herald Tribune, Joseph Kahn, March 15. http://www.iht.com/articles/2007/03/16/asia/web-0315china.php

BEIJING: After more than a quarter-century of market-oriented economic policies and record-setting growth, China on Friday approved its first law to protect private property explicitly.

The measure, which was delayed a year ago amid vocal opposition from resurgent socialist intellectuals and old-line, left-leaning members of the ruling Communist Party, is viewed by its supporters as building a new and more secure legal foundation for private entrepreneurs and the country's urban middle-class home and car owners.

…

As well as approving the property law, the legislature revised a corporate tax, ending an advantage foreign investors enjoyed over local companies for more than two decades.

Iran: Union Resources says may have to take Mehdiabad dispute to arbitration

http://www.hemscott.com/news/latest-news/item.do?newsId=40598178430684

Union Resources Limited said it is currently preparing to resolve the dispute at the Mehdiabad project in Iran through negotiation but may have to go to arbitration hearings at the International Chamber of Commerce.

The dispute follows a letter from the Iranian Mining Industries Development and Renovation Organisation last year seeking to terminate four of the five agreements under which Union maintains its interest in the joint venture company operating the project - MZC. The base project is the main focus of Union Resource's business....

JAMS and Hong Kong International Arbitration Centre Form International ADR Alliance

http://www.jamsadr.com//FeatureFull.asp?Feature1ID=70

JAMS, The Resolution Experts (JAMS) and Hong Kong International Arbitration Centre (HKIAC) announced a strategic alliance between two of the world's leading providers of arbitration and mediation services. The mission of the alliance is to promote more effective resolution of international business disputes through arbitration and mediation in the United States and Asia.

"Growth of arbitration and mediation as key business tools in the United States, Asia and other parts of the world make it important for our organizations to work together to provide the highest quality dispute resolution services," said Steve Price JAMS President and CEO. "International business disputes tend to be large, complex and run the gamut of practice areas, such as engineering and construction, intellectual property, insurance, technology, and trade disputes. This alliance will provide clients with the most qualified mediators and arbitrators in a variety of subject-matters in each of our markets. We are proud to be aligned with the HKIAC."

According to Michael Moser, Chairman of the HKIAC, the current business environment provides an opportune time for the alliance.

"Asian economies are experiencing unprecedented growth and Hong Kong is the region's leading dispute resolution centre," said Moser. "By joining forces with JAMS, we aim to provide a more effective dispute resolution service to North American companies doing business in China and other parts of Asia and vice versa."

JAMS and HKIAC will coordinate on the administration of arbitration and mediation cases. In addition, both organizations will jointly promote ADR in Asia and the United States and conduct seminars, conferences, and other events geared to the legal and business communities in each region. This includes educating attorneys and other clients on the effective use of arbitration and mediation clauses in business contracts.

HKIAC members will participate in the JAMS internal training program (The JAMS Institute) and JAMS will reciprocate by providing neutrals for HKIAC training programs.

ICC: International mediation competition winners announced

http://www.iccwbo.org/iccbbfji/index.html

The top prize in ICC's second International Commercial Mediation Competition went to Sebastian Astrada and Whitney Robinson from the American University Washington College of Law.

Parag Sayta and Vikas Mahendra Nanjundappa from the National Law School of India University, Bangalore were the runners-up, with the team from Brazil's São Paulo Law School (DIREITO GV) placing third in the four-day competition.

Held on 15-19 February at ICC's headquarters in Paris, this year's competition attracted 20 teams from Australia, Brazil, Canada, China, France, Germany, India, Switzerland, the United Kingdom, and the United States. A similarly diverse mix of legal experts from 14 countries participated as mediators and judges of the event.

CIArb: IDRS Launch Reflects Rapid Increase in Demand for Dispute Resolution Services

http://www.arbitrators.org/Institute/PR_CIA018.asp

The Chartered Institute of Arbitrators (CIArb), one of the UK's leading providers of alternative dispute resolution (ADR) to business and consumers, has announced that in future all of its ADR services will be delivered by a wholly owned subsidiary company, IDRS Ltd. The move comes in response to a rapid increase in demand for dispute resolution services that could not be fully met while remaining under the Institute's direct control.

IDRS, which began operating on March 1, will work within three distinct market segments: the UK consumer redress market; the ADR market for disputes between commercial businesses of any kind; and disputes in the UK public sector market.

The company will operate independently of the CIArb which has appointed two non-executive directors to the IDRS Board, Anthony Canham its Chairman, and Joseph Wan, to ensure that the company will always deliver services that meets its committed values of independence, integrity and impartiality.

IDRS will provide all recognised forms of ADR including conciliation, mediation, adjudication, early neutral evaluation and arbitration....

EVENTS

Podcasts: Investment Law Arbitration and Human Rights - 21 March 2007

Investment Arbitration and Human Rights - Opening Remarks ... DEAN CLAUDIO GROSSMAN, Professor of Law and Raymond I. Geraldson Scholar for International and Humanitarian Law, American University Washington College of Law; DANIEL MAGRAW, President and Chief Executive Officer, ...

http://www.wcl.american.edu/podcast/audio/20070321_WCL_IAHR1.mp3

Investment Arbitration and Human Rights - Selected Procedural ... (Amici Briefs and Human Rights in BIT Arbitration); MARGRETE STEVENS, Former Senior Counsel, International Centre for Settlement of Investment Disputes, (Access to Information: Transparency in Investment Arbitration)

http://www.wcl.american.edu/podcast/audio/20070321_WCL_IAHR2.mp3

ICC: Getting to grips with ADR techniques, 16 - 18 April

http://www.iccwbo.org/iccbcbba/index.html

When business partners conclude a deal, they usually make every reasonable effort to ensure that they can deliver as agreed. But when things go wrong, more and more businesses are turning to Amicable Dispute Resolution (ADR) as a means of dispute settlement.

There will be a unique chance to learn more about the techniques available under ICC ADR at a training seminar in Paris on 16-18 April 2007.

Pierre Tercier, Chairman of the International Court of Arbitration, said: "In order to respond to increasing demand for ADR processes and the perceived need for instruction and guidance amongst ADR practitioners, ICC has decided to set up this new, highly interactive training event."

Nuts and Bolts of Mediation and other ADR Techniques is a must for anyone wishing to increase their knowledge and practice of ADR. Legal directors, in-house counsel, mediators and international negotiators all stand to benefit from the training, which will focus on legal and cultural considerations relevant to ADR and include a simulated mediation.

To ensure interactive discussion, the training is limited to 40 participants and early booking is recommended.

The event will take place in English and French with simultaneous interpretation.

Short overview of upcoming events

The above information is reproduced from the International Arbitration Planner by kind permission of Lovells (www.lovells.com and www.lovells.com/arbitration). More details on these and many other events can be found at www.arbitrationevents.com

MOVES / JOBS

ICSID: Finnish Government designates arbitrators on ICSID Panel

The Government of Finland has designated four arbitration specialists on the Panel of Arbitrators and two members on the Panel of Conciliators of ICSID, the World Bank investment dispute resolution facility. The designees for the Panel of Arbitrators are Dr Veijo Heiskanen of LALIVE, Geneva, Switzerland, and three lawyers based in Finland: Mr Gustav Möller, Justice of the Supreme Court, Mr Antero Palaja, President of the Turku Court of Appeal and Mr Leif Sévon, former President of the Supreme Court of Finland and former member of the European Court of Justice.

Ms Carita Wallgren of Roschier and Mr Antti Heikinheimo of Hannes Snellman were appointed on the Panel of Conciliators. The appointments are effective until 7 February 2013.

Secretary General of the ICC International Court of Arbitration, Anne Marie Whitesell to leave ICC

The Secretary General of the ICC International Court of Arbitration, Anne Marie Whitesell, has announced that she will be leaving her position in July to return to Washington D.C. Anne Marie joined ICC in 1996 as a Counsel in the Court Secretariat. She was promoted to Deputy Secretary General in 1998. In 2001, she became the Secretary General of the Court.

The Secretary General of ICC, Guy Sebban, and the Chairman of the Court, Professor Pierre Tercier, express their thanks to Anne Marie and wish her the best in her future endeavours.

ICC: vacancy Secretary General for the International Court of Arbitration

http://www.iccwbo.org/id2614/index.html

In view of Anne Marie's departure, the ICC is seeking to recruit a Secretary General for the International Court of Arbitration. This person will also be the Director of ICC Dispute Resolution Services.

Candidates for the position should have the following profile:

Applications, including full career details, and marked "confidential", should be addressed by April 16, 2007 to:

Christian Serres
Director of Personnel
International Chamber of Commerce
38 Cours Albert 1er, 75008 Paris, France
Website: www.iccwbo.org

Fax: +33 1 49 53 30 96
E-mail: adm@iccwbo.org

PCA: Senior Editor ICCA Publications

The International Bureau of the Permanent Court of Arbitration (PCA) is seeking to hire a Senior Editor to assist in the compilation and editing of the publications of the International Council for Commercial Arbitration (ICCA): Yearbook Commercial Arbitration, International Handbook on Commercial Arbitration and ICCA Congress Series.

The work is carried out under the editorial supervision of the General Editors, Profs. Albert Jan van den Berg and Jan Paulsson. ICCA Publications are produced with the assistance of the PCA. In addition to the editorial work on the ICCA Publications, the position also requires cooperation with the overall work of the PCA.

The editorial staff of ICCA is employed by the PCA, located in the Peace Palace in The Hague, and falls under the overall direction of its Secretary-General.

Responsibilities

Under the supervision of the General Editors and reporting to the Managing Editor, the Senior Editor participates in the administration, planning, compilation and editing of all of the ICCA publications. This includes selecting and excerpting, inter alia, arbitral awards, court decisions and other materials for Yearbook Commercial Arbitration; communicating with authors and editing National Reports for International Handbook on Commercial Arbitration, for which the Senior Editor will be principally responsible; and editing proceedings of ICCA Congresses for ICCA Congress Series. It also includes liaising with the publisher, the host organization and the international arbitration community.

Qualifications

Must be:

Must have:

Desirable:

Qualities

The Permanent Court of Arbitration is an Intergovernmental Organization (IGO). The employees of its International Bureau are international civil servants. Terms of employment are based on the OECD pay scale and salaries are commensurate with education and experience.

For more information contact

Judy Freedberg
Managing Editor, ICCA Publications
Permanent Court of Arbitration
Peace Palace, Carnegieplein 2
2517 KJ The Hague, The Netherlands
icca@pca-cpa.org

Herbert Smith promotes Justin D'Agostino, Tim Mak and others to its partnership

http://www.herbertsmith.com/News/news210307.htm

Herbert Smith announced today the promotion of nine lawyers to its partnership. The promotions take effect on 1 April, as of when the firm will have 230 partners. Its disputes capability is particularly in evidence in this year's promotions, with five of the nine being litigation, arbitration or contentious financial regulation experts. This complements the transactional focus of the majority of those promoted in last year's round.

Justin D'Agostino: international arbitration specialist advising on both commercial and investment treaty arbitrations. He has represented clients, as counsel and advocate, in both institutional and ad hoc arbitral proceedings throughout Europe and Asia. Now based in London, he has also practised in the firm's Singapore and Bangkok offices. Justin becomes the firm's seventh dedicated arbitration partner.

Nick Peacock: dispute resolution lawyer advising corporate clients and financial institutions. He specialises in commercial litigation acting for manufacturers and industrial concerns, and also has extensive experience of international arbitration and ADR in various forms. Nick is a qualified solicitor-advocate and has appeared in the High Court and before arbitral tribunals. His recent work has included acting for ICI, Videsh Sanchar Nigam (the Indian telecoms company), Mittal Steel, UBS and Merrill Lynch.

…

BOOKS

Investment Treaty Arbitration and Public Law

Gus Van Harten - Oxford University Press

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of the courts to private arbitrators.

This book outlines investment treaty arbitration as a public law system and demonstrates how the system goes beyond all other forms of international adjudication in giving arbitrators a comprehensive jurisdiction to determine the legality of sovereign acts and to award public funds to businesses that sustain loss as a result of government regulation. The author argues that the system's mixture of private arbitration and public law undermines accountability and openness in judicial decision-making. But, most importantly, it poses a unique and fundamental challenge - hitherto neglected by other commentators - to the principle of judicial independence. To address this, this book argues that the system be replaced with an international investment court, properly constituted according to public law principles, and made up of tenured judges.

Note: 20% OFF FOR OGEMID MEMBERS (contact us if you need the link)

International Mass Claims Processes: Legal and Practical Perspectives

Howard M. Holtzmann and Edda Kristjansdottir - Oxford University Press

Mass Claims Processes have become increasingly important phenomena in international dispute resolution. This is the first book to provide comprehensive information for a systematic comparison and analysis of the legal issues and practical matters involved in the establishment and operation of Mass Claims Processes.

This book considers eleven of the highest profile modern Mass Claims tribunals and commissions created to redress large-scale losses. These include Processes resolving claims arising from the Iranian Revolution, Iraq's invasion of Kuwait, the Holocaust, and conflicts in the Former Yugoslavia and between Eritrea and Ethiopia.

The book identifies and focuses on forty-seven basic issues that experience shows typically arise with respect to international Mass Claims Processes, offering descriptions and commentary on the ways in which the various Processes have approached each issue.

Note: 20% OFF FOR OGEMID MEMBERS (contact us if you need the link)

AAA Handbook on International Arbitration and ADR

Thomas E. Carbonneau and Jeanette A. Jaeggi, Editors
List Price: $75.00 500 pages. 1 Hardcover Volume. Index.Published May 2006.
ISBN:1-929446-45-4. Until April 5, 2007: a 20% discount off the list price of $75

The AAA Handbook on International Arbitration and ADR assembles from the Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources, the leading professional writing in areas in which arbitration and ADR are likely to apply. The Handbook on International Arbitration and ADR is succinct, comprehensive and a practical introduction to the use of arbitration and ADR in various fields, written by leading practitioners and scholars. It provides essential orientation and is a "must" for anyone with an interest in the field of arbitration and ADR. The Handbook also addresses various contemporary problems in arbitration and ADR law - such as the use of class action arbitration, the awarding of punitive damages in arbitration, and the selection of arbitrators and mediators.

The Handbook contains recent important articles written by authors who are recognized specialists in that area. Often the authors have both national and international reputations. The contributions cover a wide array of topics that are of substantial interest in the field and provide analytically thorough, professional, and practical answers to problems that have emerged in the field.

The articles were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed. The articles provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.