issue #12, week 25. 21 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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NEWS

New NAFTA decision Irrigation District y otros vs. los Estados Unidos Mexicanos

Members of the Tribunal: Prof. Vaughan Lowe, Prof. Ignacio Gómez-Palacio, The Honorable Edwin Meese III

http://www.economia.gob.mx/work/snci/negociaciones/Controversias/Casos_Mexico/Marzulla/documentos_basicos/bayview_ing.pdf

Moscow court sends Moravel case against Yukos for retrial

June 19, http://en.rian.ru/business/20070619/67475187.html

The presidium of the Moscow Arbitration Court ruled Tuesday to send for retrial a $680 million claim for unpaid debt filed by Cyprus-based Moravel Investment Ltd., a Yukos affiliate, against the bankrupt oil company. Last July the Moscow Arbitration Court rejected the company's appeal to enforce a decision made by a London arbitration tribunal to charge Yukos, once Russia's leading oil company, the debt principal plus interest. Moravel appealed against the decision, but the Moscow District Federal Arbitration Court rejected the appeal in September 2006.

…

Malaysians urged to make greater use of arbitration centre

June 19, http://thestar.com.my/news/story.asp?file=/2007/6/19/nation/20070619190253&sec=nation

Malaysians have been urged to make greater use of the Kuala Lumpur Regional Centre for Arbitration (KLRCA) for arbitral reference as its future growth will depend very much on the support of local users.

Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said the cost of using KLRCA was much cheaper than its counterparts in other countries.

…

India, Canada sign pact to protect trade, investment

June 19, http://www.nerve.in/news:25350055042

In a bid to push bilateral economic relations, India and Canada have signed a long-awaited pact to protect and promote investments made by their companies in each other's country, officials said.

…

Iraq: Forum to compare investment laws of Baghdad and Kurdistan

June 19, http://www.iraqdevelopmentprogram.org/idp/news/new1658.htm

The Kurdistan centre of the Iraqi Businessmen Union held a discussion forum to compare the Iraqi central investment law and the Kurdish investment law at the Arbil Plaza hotel, reported the Businessmen's Union.

…

Kamran Al-Mufti presented clauses of both investment laws and compared between them. The debates held had positive feedback and attendants expressed their interest in holding more such discussion events for the sake of advancing reform in all of Iraq and in Kurdistan.

UAE discusses investment law

June 18, http://www.ameinfo.com/123797.html

A federal panel set up to discuss the draft law on foreign investment met yesterday, Sunday, in Abu Dhabi, reported Gulf News. The panel includes representatives from 35 firms from both the public and private sectors as well as officials from a number of ministries. The Minister of Economy Shaikha Lubna Al Qasimi said recently that 100% foreign ownership will be permitted in some areas of the service sector.

Guatemala: RDC files US$65mn expropriation claim against government

June 15, http://www.bnamericas.com/story.jsp?idioma=I&sector=5&noticia=396499

Pittsburgh-based railway management and investment company Railroad Development Corporation (RDC) has filed a US$65mn claim against Guatemala with the International Center for the Settlement of Investment Disputes, the rail company announced.

In 1998, RCD began a 50-year operation and maintenance agreement to restore and operate the abandoned national railway in Guatemala, under its local rail subsidiary Ferrovías Guatemala.

…

Italy to set up compensation fund for Argentina holdouts and victims of financial crisis; Japan may follow suit

June 15, http://www.ft.com/cms/s/23f94b2e-1aee-11dc-8bf0-000b5df10621,dwp_uuid=e8477cc4-c820-11db-b0dc-000b5df10621.html

Italian Prime Minister Romano Prodi's government is preparing to pass a law that will create a compensation fund financed by dormant Italian bank accounts that have not seen activity for more than 10 years. ...

The offer for compensation will be open to all investors that did not accept Argentina's exchange offer or are currently involved in Task Force Argentina's claims against the sovereign at ICSID, the World Bank's International Court for the Settlement of Investment Disputes. The same provision applies for bondholders that were negatively affected by defaults of Argentine corporate borrowers like Cirio and Parmalat.

India: Supreme Court for review of pricing policy

June 14, http://www.business-standard.com/economy/storypage.php?leftnm=3&subLeft=3&chklogin=N&autono=287692&tab=r

The Supreme Court has asked the government to review within four months the policy of giving price preference to public sector enterprises (PSEs) in the sale of earth-moving equipment.

The judgement was delivered in the case, Caterpillar India Ltd vs Western Coalfields Ltd. Caterpillar argued that the equipment was mostly manufactured by it and Bharat Earth Movers Ltd and the buyers are government coalfields.

…

The Supreme Court has asked Delta Mechcons India Ltd and Marubeni Corporation to bring their choice of names for the chairmanship of the international arbitration panel which would decide the dispute between them.

…

Nigeria: Six Years After, FG Returns Disputed Oil Block to Etete

14 June 2007, http://allafrica.com/stories/200706140640.html

The Federal Government has restored the controversial Oil Prospecting Licence (OPL 245) originally awarded to Malabu Oil and Gas Ltd, a company owned by former Minister of Petroleum Resources, Chief Dan Etete, after the company offered to pay $210 million Signature Bonus.

The licence for the oil block which was obtained by the company in 1998 when Etete was minister, was revoked in July 2001, over the company's alleged failure to fully pay the required signature bonus. This has generated a series of controversy and litigations over the years.

The decision to revert the acreage to the company followed an out-of-court settlement of the dispute between it and the Federal Government. According to the settlement terms, the signature bonus is to be paid within 12 months, from December last year when the parties agreed to the terms.

…

Shell was said to have thereafter sought to terminate the agreement with Malabu, but the company declined. The development prompted Shell to institute a proceeding against Malabu before the International Chamber of Commerce Arbitration. On its part, Malabu approached a United States Court to challenge the revocation, as well as the purported re-award of the block to its technical partner (Shell).

Aside from the US litigation, the company also filed another suit against the Federal Government and Shell before a Federal High Court, Abuja, following an alleged plan by the Government and Shell to consummate the deal while the action was pending in court. The government, it was further revealed, had entered an escrow agreement with Shell for the payment of $210 million and the signing of a production sharing contract over the oil block was carried out notwithstanding the pending litigations.

…

Houston, We Have an Arbitration

The American Lawyer, June 13, 2007, http://www.law.com/jsp/article.jsp?id=1181639136713

Thanks to oil and Latin American cases, Texans are among the big gainers in Arbitration Scorecard survey of 228 disputes

Business sector wary of Ecuador's Correa

June 8, http://www.miamiherald.com/579/story/132485.html

Uncertainty prevails in Ecuador as government policies discourage private investment and the future of a U.S. trade pact is in jeopardy.

…

ICC Court 15,000th case: Historic landmark

June 2007, http://www.iccwbo.org/iccbecji/index.html

A new landmark has been reached in the history of the ICC Court with the registration of its 15,000th case. The case was filed by a Korean claimant against two Uzbek respondents and the parties have chosen London as the place of arbitration. As a multiparty arbitration embracing diverse legal and cultural traditions, this arbitration typifies the scope and adaptability of ICC proceedings

ICSID Introductory Note: LG&E Energy Corp., LG&E Capital Corp. and LG&E International Inc. v. Argentine Republic (ICSID Case No. ARB/02/1)

See http://www.worldbank.org/icsid/cases/awards.htm

ICSID Introductory Note: Suez, Sociedad General de Aguas de Barcelona S.A. and Vivendi Universal S.A. v. Argentine Republic (ICSID Case No. ARB/03/19)

See http://www.worldbank.org/icsid/cases/awards.htm

ICSID Introductory Note: Corn Products International, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/1)

See http://www.worldbank.org/icsid/cases/awards.htm

ICSID Introductory Note: Archer Daniels Midland Company and Tate & Lyle Ingredients Americas, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/5)

See http://www.worldbank.org/icsid/cases/awards.htm

ICSID Introductory Note & Award: Malaysian Historical Salvors, SDN, BHD v. Malaysia (ICSID Case No. ARB/05/10)

See http://www.worldbank.org/icsid/cases/award s.htm

Clifford Chance pushes arbitration business in Asia

June 7, http://www.thelawyer.com/cgi-bin/item.cgi?id=126364&d=11&h=24&f=23

Clifford Chance is embarking on a marketing drive in Asia in a bid to boost its arbitration business in the region. The firm is touring Hong Kong, Singapore, Beijing and Tokyo to "explain arbitration to business audiences" alongside Singaporean ally WongPartnership.

…

International Arbitration Practice of White & Case Leading the Pack in the US

June 15, http://www.whitecase.com/News/Detail.aspx?news=1666

The International Arbitration practice of White & Case LLP has recently and repeatedly been recognized as a leading international arbitration practice in the United States in key legal benchmarking publications. To top off the list of recent accolades, the Firm's US-based team was named the "International Arbitration Team of the Year" at the Chambers USA Awards for Excellence 2007 ceremony held last night in New York.

EVENTS

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
More information is available at the seminar website.

United Nations e-Learning Course: Arbitration and Alternative Dispute Resolution

The United Nations Institute for Training and Research (UNITAR) has announced its 2007 e-Learning Course Calendar. For 2007, UNITAR will be conducting at least nine online courses intended for a global audience of finance-sector officials.

Other courses besides Arbitration and Alternative Dispute Resolution, include:

Registration procedure, fees, comments from past participants and other course details can be found at http://www.unitar.org/dfm/DFMelearning/Index.htm

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

OPINION

Bias Seen in International Dispute Arbiters

June 19, http://www.ipsnews.net/news.asp?idnews=38229

A little known entity closely affiliated with the World Bank that mediates disputes between sovereign nations and foreign investors appears to be skewed toward corporations in Northern countries, according to an IPS review of pending cases and other independent analyses of the tribunals. The administrative council of the Washington-based International Centre for Settlement of Investment Disputes (ICSID) consists of one representative from each of the 155 states that have ratified the centre's founding convention. However, most of the arbiters who actually decide cases hail from industrialised countries, when most of the defendants are developing nations.

While submitting to the ICSID's three-member arbitration panels is technically voluntary, many bilateral investment treaties require countries to agree to the centre's jurisdiction. The centre has facilitated arbitration on 234 cases since its inception in 1966, according to its website data.

Of the 300 judges who are looking into 111 pending cases at the ICSID, only 63 came from developing nations. In just one case was the three-member tribunal comprised entirely of arbiters from developing nations.

…

MOVES / JOBS

Worldbank new Senior Counsel: Justice Sector Reform

The Legal Vice Presidency of the World Bank has just advertised for a new Senior Counsel: Justice Sector Reform. The VPU seeks a candidate with experience in design and implementation of reform processes in justice sector institutions, particularly court management and reform.

Click here to view external job postings.

OECD: International Investment Law Analyst

The OECD is looking for an International Investment Law Analyst to work on international investment agreements and OECD investment instruments as part of the work programme of the OECD Investment Committee. The selected candidate will work under the supervision of the Head of the Investment Division (INV) in the Directorate for Financial and Enterprise Affairs (DAF).

The Investment Division promotes international investment for growth and sustainable development world-wide. It is a leading source of analysis and policy assistance in the areas of open and transparent policy frameworks for investment, responsible international business, international investment agreements and foreign direct investment statistical standards. Its website can be consulted at www.oecd.org/daf/investment .

Please apply before midnight, Paris time, on: 10/07/2007, Click here for more details

Kiril Bougartchev and Emmanuel Moyne joined Linklaters

June 19, http://www.thelawyer.com/cgi-bin/item.cgi?id=126703&d=11&h=24&f=23

Linklaters has raided the Paris offices of rival Gide Loyrette Nouel to boost its litigation and arbitration practice. Kiril Bougartchev and Emmanuel Moyne joined Linklaters's Paris office last Friday as partner and counsel respectively.

…

Kavanagh and Foster join O'Melveny & Myers

June 18, http://www.thelawyer.com/cgi-bin/item.cgi?id=126637&d=11&h=24&f=23

O'Melveny & Myers has swooped for two Watson Farley & Williams (WFW) litigation partners, including its head of international litigation David Kavanagh. Kavanagh and partner David Foster are leaving to join the London office of US firm O'Melveny, which is launching an international arbitration and litigation practice in its City office.

…

German trio boosts Lovells litigation team

June 14, http://www.thelawyer.com/cgi-bin/item.cgi?id=126480&d=11&h=24&f=23

Lovells has boosted its dispute resolution team in Germany with the hire of a team from German independent Aderhold von Dalwigk Knüppel. Partner Jürgen Witte, counsel Kim Mehrbrey and at least one associate will join Lovells' Düsseldorf office, boosting the practice to more than 40 lawyers in Germany.

…

Witte is Lovell's fourth top-level hire within six weeks. In May alone, the firm hired Milan-based Paolo Tannoni from Ernst & Young and Merck Sharp & Dohme legal director Marc Dalby in London.

BOOKS / Publications

News from ICSID, Volume 23, No. 2 2006, published

You can download the issue at http://www.worldbank.org/icsid/news/news.htm

International Arbitration Court Decisions

Sigvard Jarvin and Annette Magnusson, Editors
List Price: $175.00 1000 pages. 1 Hardcover Volume. Index. Published February 2006.
ISBN:1-929446-89-6
For a limited time available with a 20% discount off the list price of $175, offer valid until June 25, 2007.

To view the Table of Contents

About the Book: The International Arbitration Court Decisions gives the reader extracts from significant court decisions in the area of international arbitration. Covering more than twenty different jurisdictions, the decisions are commented on by distinguished arbitrators, lawyers, justices and other legal professionals. This book is a must for any practitioner seeking insights into the major issues in international arbitration and into the attitudes of courts on arbitration matters worldwide. The practitioner is presented with several points of view in the "Observations", making this volume a welcome addition to any legal library.

Investment Laws of the World (ten loose-leaf volumes) and Investment Treaties

Oxford University Press, Order Department, 2001 Evans Road, Cary, NC 27513; U.S.A.; Ph: 1-800-624-0153; Fax: 919-677-8877; Email: library.sales@oup.com; at US$2,090 for both sets, US$1,095 for the ten Investment Laws of the World volumes only and US$995 for the nine Investment Treaties volumes only, (nine loose-leaf volumes)

Diritto del commercio internazionale

Galgano Francesco, Marrella Fabrizio
ISBN: 978-88-13-27300-2, € 50,00
http://shop.wki.it/CEDAM/Scheda.asp?cod=00082816&title=Diritto_del_commercio_internazionale

The first complete textbook on international commercial law in Italian

Economic Globalisation and Human Rights EIUC Studies on Human Rights and Democratization

Edited by Wolfgang Benedek, Koen De Feyter, Fabrizio Marrella
http://www.cambridge.org/us/catalogue/catalogue.asp?isbn=9780521878869

Economic globalisation is one of the guiding paradigms of the twenty-first century. The challenge it implies for human rights is fundamental, and key questions have up to now received no satisfying answers. How can human rights protect human dignity when economic globalisation has an adverse impact on local living conditions? How should human rights evolve in response to a global economy in which non-statal actors are decisive forces? Economic Globalisation and Human Rights sets out to assess these and other questions to ensure that, as economic globalization intensifies, human rights take up the central and crucial position that they deserve. Using a multidisciplinary methodology, leading scholars reflect on issues such as the need for global ethics, the localisation of human rights, the role of human rights in WTO law, and efforts to make international economic organisations more accountable and multinational corporations more socially responsible.