issue #11, week 23. 08 June 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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- Special Issue on Mergers and Acquisitions (M&A) Disputes and International Arbitration
Editor: Beata Gessel-Kalinowska vel Kalisz; Reviewers: Cecilia Carrara & Luminita Popa - Special Issue on Sanctions and International Arbitration: Impact on Substantive and Procedural Issues
Editors: Ali Burney, Rinat Gareev, Kiran Nasir Gore, Prof. Joel Slawotsky, May Tai - Special Issue on National Courts as a Forum for the Resolution of Disputes under Article 26 Energy Charter Treaty
Editors: John Gaffney, Richard Happ, Lucia Raimanova, Anna-Maria Tamminen, Catharine Titi - Special Issue on International Investment Arbitration - Environmental Protection and Climate Change Issues (Vol 4+)
Editors: Prof. Dr A F M Maniruzzaman, Kiran Nasir Gore, Prof. Dr Stephen Minas - Special Issue on The African Continental Free Trade Agreement (AfCFTA)
Editors: J. Chaisse, J. Górski, E. Laryea, M.M. Mbengue, and K. Olaoye
Recent issues:
- TDM 5 (2018) - Strategic Considerations in Energy Disputes
- TDM 6 (2018) - FDI Moot 2018
- TDM 5 (2018) - Regular issue
- TDM 4 (2018) - Time and Cost Issues in International Arbitration
- TDM 3 (2018) - Sir Elihu Lauterpacht QC
- TDM 2 (2018) - International Commercial and Investment Disputes in and with India
- TDM 1 (2018) - Regular issue
- TDM 5 (2017) - FDI Moot 2017
- TDM 4 (2017) - Comparative and International Perspectives on Mediation in Insolvency Matters
- TDM 3 (2017) - One Belt One Road (OBOR)
- TDM 2 (2017) - Non-Legal Adjudicators in National and International Disputes
- TDM 1 (2017) - Regular issue
- TDM 6 (2016) - FDI Moot 2016
- TDM 5 (2016) - Latin America (vol. 2)
- TDM 4 (2016) - Africa
- TDM 3 (2016) - Three Centuries of Arbitration for Peace
- TDM 2 (2016) - Latin America
- TDM 1 (2016) - CETA
- TDM 7 (2015) - FDI Moot 2015
- TDM 6 (2015) - Regular issue
- TDM 5 (2015) - Yukos Special - OGEL 5 (2015) - Yukos Special
- TDM 4 (2015) - ArbitralWomen/TDM: Dealing with Diversity in International Arbitration
- TDM 3 (2015) - Renewable Energy Disputes - OGEL 3 (2015) - Renewable Energy Disputes
- TDM 2 (2015) - Arbitration in the Middle East: Expectations and Challenges for the Future
- TDM 1 (2015) - The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century
- TDM 6 (2014) - Dispute Resolution from a Corporate Perspective
- TDM 5 (2014) - FDI Moot 2014
- TDM 4 (2014) - CILS - 8th Biennial Symposium on International Arbitration and Dispute Resolution
- TDM 3 (2014) - Regular issue
- TDM 2 (2014) - The New Frontiers of Cultural Law: Intangible Heritage Disputes
- TDM 1 (2014) - Reform of Investor-State Dispute Settlement: In Search of a Roadmap
- TDM 6 (2013) - FDI Moot 2013
- TDM 5 (2013) - Art and Heritage Disputes in International and Comparative Law
- TDM 4 (2013) - Ten Years of Transnational Dispute Management
- TDM 3 (2013) - Corruption and Arbitration
- TDM 2 (2013) - EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges
- TDM 1 (2013) - Aligning Human Rights and Investment Protection
- TDM 5 (2012) - Legal Issues in Tobacco Control
- A Liber Amicorum: Thomas Wδlde - Law Beyond Conventional Thought
- TDM 5 (2011) - Resolving International Business Disputes by ADR in Asia
- TDM 4 (2011) - Contingent Fees and Third Party Funding in Investment Arbitration Disputes
- TDM 3 (2011) - Intersections: Dissemblance or Convergence between International Trade and Investment Law
NEWS
USA: Danone takes firms to court in U.S.
June 6, http://news.xinhuanet.com/english/2007-06/06/content_6204080.htm
French food and beverage major Groupe Danone SA Tuesday said it has filed a lawsuit in the United States against two companies involved in its dispute with its joint ventures partner Wahaha, China's largest beverage company.
Accusing its Chinese partner of illegally using the Wahaha brand without consent, Danone took Ever Maple Trading Ltd and Hangzhou Hongsheng Beverage Ltd, and two people connected with the companies, to the Superior Court of California's County of Los Angeles on Monday, Danone said in a statement Tuesday.
Australia: Arbitrator's Decision on Dispute with Clough
June 4, http://www.scoop.co.nz/stories/BU0706/S00031.htm
BassGas Joint Venture welcomes Arbitrator's Decision on Dispute with Clough Origin Energy Resources Ltd ("Origin") as operator of the BassGas Joint Venture is pleased to advise that an important stage in the arbitration process with Clough has been determined in favour of the Joint Venture.
The arbitrator's decision, which was handed down at the weekend, dismisses the $95.7 million Trade Practices claim by Clough which, amongst other issues, alleged that there was misleading conduct on the part of Origin.
Yemen: New agreements made to lure investors
June 5, http://www.yobserver.com/front-page/10012341.html
The president of the General Investment Authority, Salah al-Attar, announced this week that the GIA would sign an agreement with German development company GTZ to prepare an investment plan for all of Yemen. The GIA also signed an agreement with the International Islamic Bank to improve its management skills, as well as an agreement with the Foreign Investment Advisory Service, a part of the World Bank that has promised to help restructure the GIA.
Russia: Telenor defeated in another ruling on URS ownership; BeeLine continues expansion
June 6, http://www.telegeography.com/cu/article.php?article_id=18183&email=html
Russia's Supreme Arbitration Court has ruled in favour of Vimpelcom in one of the lawsuits filed by its shareholder Telenor East Invest, upholding the validity of a September 2005 shareholder vote which approved the Russian cellco's acquisition of Ukrainian Radio Systems (URS, now rebranded BeeLine). The ruling is final and may not be appealed. Vimpelcom has now conclusively won two of the three lawsuits brought by the Norwegian-owned plaintiff in connection with its purchase of the Ukrainian mobile operator. The remaining lawsuit brought by Telenor to declare invalid and unwind the URS transaction was won by Vimpelcom in the lower court but has been appealed by Telenor. The appeal is scheduled to be heard by the Court of Appeals on 25 June 2007.
Chile Power Co CGE Takes Argentina To International Court
http://www.nasdaq.com/aspxcontent/
NewsStory.aspx?cpath=20070601%5cACQDJON200706011722DOWJONESDJONLINE001007.htm&
Chilean energy company Compania General de Electricidad SA. CGE (CGE.SN) filed a lawsuit against the Argentine government before the International Center For Settlement Of Investment Disputes, or ICSID, the company said Friday in a filing with the SVS securities regulator.
According to the company, which distributes electricity and natural gas, the Argentine state has failed to meet the investment promotion and protection pact that it signed with Chile.
Kenya seeking out Libyan expertise for its oil business
June 4, http://www.nationmedia.com/eastafrican/current/News/news0406071.htm
President Mwai Kibaki's visit to Libya, which was scheduled for Monday, comes against the backdrop of Tripoli's increasing interest in the petroleum sector in Kenya.
State-owned Tamoil of Libya is among the foreign investors that have expressed interest in the $322 upgrade of the Kenya Petroleum Refineries Ltd project.
"This MoU shall be governed by and interpreted in accordance with the laws of the Republic of Kenya. Disputes shall be resolved by arbitration in accordance with ICC rules," says the agreement.
Ghana: Court Ends Their 'Multiple Suits'
June 1, http://allafrica.com/stories/200706041368.html
THE INTENSE conflict that characterized arguments on issues raised by a Ghanaian businessman, claiming 20% shares in Scancom Limited, operators of Areeba Network in a monumental corporate legal battle has been put to rest by an Accra High Court.
The court presided over by Justice Henry Kwofie, yesterday refused a request made by the Beirut based parent, Investcom Consortium Holdings SA (now Investcom LLC) for a stay of proceedings pending arbitration at the London Court of International Arbitration (LCIA), the nth application made by the defendants so far.
In its ruling, the court was of the view that it was capable of dealing with the issues brought before it in a fair and just manner since the issues complained of were the same that would be placed before the arbitration court in London.
Grenada: Gregory Bowen Bribery Case
June 2, http://www.belgrafix.com/gtoday/2007news/Jun/Jun02/The-Gregory-Bowen-Bribery-Case.htm
Lawyers for Grenada s Deputy Prime Minister, Gregory Bowen are asking a New York court to dismiss bribery allegation charges filed against him by oil investor, Jack Grynberg on the grounds that he is immune from prosecution in the United States.
The Arbitration
In reaction to the denial of its license application, RSM filed a request for arbitration with the International Centre for the Settlement of Investment Disputes on August 31, 2004.
The ICDSID accepted the arbitration claim a year later, in August 2005. In the arbitration, RSM claims that the Government of Grenada breached the 1996 Agreement by refusing to grant RSM an exploration license.
In the arbitration RSM also accuses Minister Bowen of personally obstructing the process and recites a variety of allegations against him.
The Government responds, in the arbitration, that it was RSM that failed to comply with the terms of the Agreement, that RSM wrongfully invoked the force majeure clause as an excuse to conduct no meaningful exploration for eight years, that RSM misrepresented its resources to conduct exploration activities and that RSM attempted to assign away to others its exploration rights without Grenada¹s permission, in violation of the Agreement.
A hearing on these claims and counterclaims is scheduled for June 2007.
Argentina: WTO Assesses Request for Sanctions on US
June 4, http://www.forbes.com/feeds/ap/2007/06/04/ap3784228.html
The World Trade Organization set up an arbitration panel Monday to assess Argentina's request to impose annual sanctions worth $44 million (euro33 million) against the United States because of illegal duties on steel tubes, drill pipes, castings and other goods used in the oil and gas industry.
OPINIONS
Foreign Investors Gone Wild
Foreign Policy In Focus, Sarah Anderson
May 7, http://www.globalpolicy.org/socecon/develop/democracy/2007/0507wild.htm
Leaders of developing countries are often forced to work with institutions that promote and protect foreign investment -- with little regard for the costs to democracy and the environment.
When Bolivian President Evo Morales took office in January 2006, he pledged to follow through on his campaign pledge to increase Bolivians' share of revenues from their major source of foreign income, natural gas. International gas companies, however, threatened to sue. Previous Bolivian governments had signed a flurry of bilateral investment treaties that gave foreign investors the right to bypass domestic courts and file such lawsuits through international tribunals. Morales complained that these rules made him feel like a "prisoner" in the presidential palace.
EVENTS
W G Hart Legal Workshop 2007: ACCESS TO JUSTICE
26 June 2007, 09:30 - 28 June 2007 17:00
http://www.sas.ac.uk/events/view/2546
Speakers include:
- Professor Michael Palmer, School of Oriental and African Studies
"Lost and Found: Mediation and Case Management in Administrative Suits in the People's Republic of China" - Professor A F M Maniruzzaman, University of Portsmouth
Alternative Dispute Resolution in International Business - Amit George and Arunabha
Ganguli, University of Law, Hyderabad, India
State Sponsored Mechanisms of Alternate Dispute Resolution
Specialised Arbitration & Advocacy Skills in International Oil & Gas Disputes
Annual CEPMLP Seminar exploring the legal and practical issues arising in the resolution of oil and gas disputes through commercial and investment arbitration
August 27-31, 2007 (provisional). The Old Course Hotel, St. Andrews, Scotland, UK
General Course Description:
This course provides the participants with a unique perspective on the application of international arbitration law and investment arbitration law to cases involving all three sectors of the oil & gas industry (upstream, midstream, and downstream). Through a combination of lectures, case study, and interactive panel discussion the course identifies a broad variety of issues that can arise in the course of oil & gas arbitrations and provides insights as to how to avoid the many pitfalls that can arise due to the subtleties of arbitration law/investment arbitration law and the complexities of oil and gas contractual provisions and disputes.
The combined discussions and case studies of actual oil and gas cases, contemporary oil and gas contractual provisions, and recent developments in arbitration law and investment arbitration law and practice will serve to focus the participants' understanding and analytical skills with respect to the resolution of oil and gas disputes through arbitration.
More information is available at http://www.dundee.ac.uk/cepmlp/main/html/Seminars/2007/Aug2007_CEPMLP_Arbitration_and_Advocacy_Skills.php
MOVES / JOBS
LCIA: Johnny Veeder QC appointed as LCIA vice-president
June 4, http://www.thelawyer.com/cgi-bin/item.cgi?id=126285&d=11&h=24&f=23
The London Court of International Arbitration (LCIA) has appointed Essex Court Chambers barrister Johnny Veeder QC as vice-president. He joins a team of five other vice-presidents under the presidency of Jan Paulsson, head of public international law and arbitration at Freshfields Bruckhaus Deringer.
BOOKS
Droit du commerce international (1e édition)
Jean-Michel Jacquet, Philippe
Delebecque, Sabine Corneloup
40,00 , ISBN 9782247069156, 846 pages plus index. Dalloz, (www.dalloz.fr)
The book deals with conceptual and theoretical issues as introduction; with a discussion of the sources, the main actors (both public and private) and legal techniques specific for international commercial (economic?) law - including an examination of the nationality of companies.
It then looks at the law applicable to international commercial contract, with a section on international investment law and risks and guarantees in international commerce (including bankruptcy and extra-contractual liability.
The last section deals with dispute resolution, both national courts and international arbitration, with separate discussion of jurisdiction, sovereign immunity and execution of foreign judgments and awards.