issue #17, week 36. 04 September 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.

Comments, suggestions, news?

If you have news, comments or suggestions feel free to send them.

Archived issues

Transnational Dispute Management Linkedin, Twitter, Facebook



Follow us OGEL & TDM on twitter @ogeltdm



Notice 2021: New publication:

Transnational Arbitration Observer (News & Analysis)

Covering international dispute management, arbitration, mediation, investment disputes (ISDS), and more...

TAO Twitter, TAO Linkedin

Launched 2022: Transnational Arbitration Observer (TAO) - https://taobserver.com/ - is a source of daily news and analysis aimed at keeping its readership abreast of recent developments in transnational arbitration (investment & commercial arbitration, mediation, and so forth). It complements the existing Transnational Dispute Management (TDM, ISSN 1875-4120) law journal. Visit https://taobserver.com/ and register for the daily headlines (email) or follow TAO on social media twitter.com/taobserver and linkedin.com/company/taobserver/ Questions? Contact info@maris.nl.

TDM

TDM: Published articles

See https://www.transnational-dispute-management.com/journal-advance-publication.asp

TDM offers discount to SIEL members

We are pleased to inform you that a special discount scheme for TDM will be introduced for members of the Society of International Economic Law (SIEL).

The Society of International Economic Law (SIEL) is a new organization aimed at academics and academically-minded practitioners and officials in the field of International Economic Law - in all parts of the world.

The organisation will foster co-ordination, collaboration and debate between IEL scholars and academically inclined practitioners/officials and national or regional IEL organisations around the world. Additionally, it will seek to support and nurture the growth of research and teaching in the field of international economic law in parts of the world presently lacking those resources.

The SIEL will be genuinely global in its reach and as inclusive as possible in terms of the expertise and interests of participants - broadly covering the many disciplines encompassed by IEL. Further information about the current SIEL organisational framework, including the composition of the Founding Committee and of the Founding Executive Council, can be found at SIEL's website http://www.sielnet.org/

SIEL members will be eligible for a 15% discount on TDM subscription fees.

Young-OGEMID virtual symposia

Young-OGEMID is a free listserv associated with our Transnational Dispute Management law journal for Students and (junior) Associates - you can apply for your free membership here: www.transnational-dispute-management.com/young-ogemid/

Call for contributions

Recent issues:

NEWS

Fraport to appeal NAIA 3 decision

September 03. http://www.manilatimes.net/national/2007/sept/03/yehey/top_stories/20070903top2.html

The saga of the controversial Ninoy Aquino International Airport (NAIA) Terminal 3 continues to unfold as the German firm that built the facility said it will apply to annul the decision of the World Bank tribunal to junk its compensation claim against the Philippine government.

"Following extensive discussion of the World Bank arbitration tribunal's decision received on August 17, the Fraport AG executive board is examining possible further legal steps and is considering to apply for annulment of this decision," according to a Fraport press release posted on its website on Friday.

…

See also http://www.forbes.com/markets/feeds/afx/2007/08/31/afx4072022.html

Azerbaijan: US Ernst & Young company has completed audits in Barmek-Azerbaijan, the former electricity distribution company

September 03, http://en.apa.az/news.php?id=34211

Barmek-Azerbaijan President Huseyn Arabul told APA-Economics that Ernst & Young has started audit of the capital investment in accordance with the joint agreement between Barmek and the Economic Development Ministry. Ernst & Young company audited 1,800 selected documents out of 12,000 documents.

…

Arabul added that they claim $435 million in compensation from the government for illegal termination of the agreement and damages the company suffered. He added that the Washington-based International Centre for Settlement of Investment Disputes (ICSID) will also pass a decision this week on Barmek's claim.

…

Viet Nam: New law regulates Government investment in public projects

August 30, http://english.vietnamnet.vn/politics/2007/08/735744/

The Ministry of Investment and Planning, in collaboration with the Government Office, introduced the draft Law on Public Investment at a meeting in Hanoi yesterday.

"The Law on Public Investment will complete the country's legal system on investment," director of the ministry's Investment Supervision Department Cao Van Ban told participants at the meeting.

…

Rhodia seeks compensation from Sanofi for environmental, pension charges

August 29, http://www.forbes.com/markets/feeds/afx/2007/08/29/afx4063062.html

Chemicals group Rhodia has filed a case with the Paris commercial court seeking compensation from former principal shareholder Sanofi-Aventis for environmental liabilities and pension obligations, according to a report on Sanofi's website.

The law suit, filed on July 10 this year, follows the rejection of Rhodia's initial demand by the International Chamber of Commerce (ICC) Tribunal in 2006, the report said.

…

Ecuador Hires LeBoeuf, Lamb, Greene & MacRae LLP in Occidental Arbitration Case

August 29, http://money.cnn.com//news/newsfeeds/articles/
djf500/200708291223DOWJONESDJONLINE000694_FORTUNE5.htm

Ecuador has hired New York law firm LeBoeuf, Lamb, Greene & MacRae LLP to represent it in the Occidental Petroleum Corp.'s (OXY) arbitrage case, the Andean country's attorney general's office said Wednesday.

…

The law firm of Deveboise & Plimpton LLP is representing Occidental. That firm previously worked for Occidental, representing the oil company in an earlier tax dispute with Ecuador that was decided in Occidental's favor. In that case Ecuador had to pay Occidental $75 million.

…

LeBouef's legal team will be led by partners Eric Schwartz and Derek C. Smith, both with experience in international dispute resolution.

…

Ecuador Approves $1.54 Billion Funding for Hydroelectric Projects

August 28, http://money.cnn.com/news/newsfeeds/articles/
djf500/200708281442DOWJONESDJONLINE000424_FORTUNE5.htm

The technical committee of Ecuador's Feiseh hydrocarbons fund has approved spending of $1.54 billion for construction of four hydroelectric generating stations, the finance ministry said Tuesday.

The funds in the Feiseh come from the sale of crude oil from three oil fields, Block 15, Eden-Yuturi and Limoncoha, which were confiscated from Occidental Petroleum Company (OXY) last year.

…

Joseph Stiglitz: Indonesia needs a new agenda

August, http://www.asiaviews.org/?content=634ft600014545e&features=20070823040638

Interview with Joseph Stiglitz:

…

Another issue about investment regulations is international arbitration in solving business conflicts. This is very problematic in Indonesia. Take the case of Karaha Bodas. There is an investment of US$40 million, but you only got US$300. That's one example, but it's happening all over the world. You deal with really bad legal framework. In Indonesia, you claim to have transparency, but international arbitration is very closed.

…

I'll give another example, Russia. They cancelled the environmental license of Shell because they violated the environmental conditions. I think the new reality is that companies know there are changes, natural resources are getting more scarce, and there are new demands. Indonesia must use this to its best advantage. You no longer need to depend on Exxon, because you can do it yourself and get bigger benefits from the natural wealth, rather than from production-sharing contracts with multinational companies. The US government should also not become an agent of Exxon or Enron. That is corruption. There is one interesting example. One American ambassador [in Indonesia] after the Suharto era got a senior position in a giant mining company in the US because he urged the Indonesian government to honor its contract. While he was lecturing Indonesia on corruption, he was actually practicing it.

…

U.S. trade official says softwood arbitration critical to deal

August 29, http://www.topix.net/content/cp/2007/08/top-u-s-trade-official-says-softwood-arbitration-critical-to-deal

The process for settling the latest Canada-U.S. softwood lumber battle will be "very significant" in determining whether a deal struck last year will last, U.S. Trade Representative Susan Schwab said Wednesday.

"It's not something we generally use," she said. "We have very little experience with this kind of arbitration and so yes, the arbitration will be very significant in terms of telling us how successful the (agreement) will be. "We'll see how it plays out. It should be quite interesting."

It's the first time the two countries will use the London Court of International Arbitration instead of other bodies like the World Trade Organization and a special panel under the North American Free Trade Agreement.

"It will be very interesting for those of us with much more experience with WTO and the NAFTA dispute resolution," said Schwab, who spoke to the media ahead of next week's APEC summit in Sydney, Australia.

…

Viet Nam: UNDP to assist Vietnam to enforce new Investment Laws

August 28, http://english.vietnamnet.vn/politics/2007/08/734480/

Under a new project just signed in August, the UN Development Programme (UNDP) will assist the Vietnamese Government's Task Force on Implementation of the Enterprise Law and Investment Law to effectively enforce these important new laws. The Project will run from 2007 to 2010, with a total grant of US$830,000.

The passing of the Investment Law and the Enterprise Law is widely considered to be a significant milestone in Vietnam's ongoing process to improve its business environment. However, Mr. Dinh Van An, President of the Central Institute for Economic Management (CIEM) and Deputy Head of the Task Force noted at the signing that, "Passing laws and supporting regulations is only the first step; the most difficult and challenging part will be implementing it in practice."

…

Macedonia told to compensate Hellenic Petroleum for breach of contract

August 23, http://www.setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/features/2007/08/23/feature-03

An arbitration court in Paris has sided with the Greek firm that bought Macedonia's only oil refinery in 1999. Macedonia has been fined millions over its failure to meet commitments under a 1999 sales contract with Hellenic Petroleum. The Greek firm bought Macedonia's only oil refinery, OKTA.

As part of the deal, Macedonia was obligated to procure 500,000 tonnes of crude oil exclusively from OKTA each year for the next two decades. In addition, Hellenic Petroleum was given the right to import customs-free derivatives to Macedonia. In 2003, the former Social Democrat-led government breached the contract by importing crude oil from another company. The customs-free imports were also terminated. The authorities claimed that the deal, signed by a previous administration led by the VMRO-DPMNE, was illegal and harmed the state.

Hellenic Petroleum cried foul, and this month the International Court of Arbitration in Paris agreed. Macedonia will now have to pay $53m, plus interest, in compensation to the Greek company. The ruling has reignited debate over what had become an all-but-forgotten scandal. At the time of the OKTA sale, many complained that the deal was not transparent, damaging to Macedonia's interests, and involved elements of corruption.

…

Ecuador Government Insists That Occidental Arbitration Groundless

August 22, http://money.cnn.com//news/newsfeeds/articles/
djf500/200708221750DOWJONESDJONLINE000781_FORTUNE5.htm

Ecuador will continue to insist that an arbitration case filed against it by U.S.-based Occidental Petroleum Corp. (OXY) is illegal, Oil Minister Galo Chiriboga said Wednesday. Chiriboga told Dow Jones Newswires in an interview that Ecuador will present a formal objection to the arbitration proceedings in September at the World Bank's International Center for the Settlement of Investment Disputes. According to Carlos Venegas, director of international affairs at the Attorney General's office, the ICSID panel will call both sides for a hearing in early 2008 and a final ruling could take at least a year.

"The fact of having presented us with arbitration doesn't mean the company is right," Chiriboga said. "We maintain our criteria that from a jurisdiction point of view, ICSID isn't competent to rule in this case." Chiriboga repeated the government's central argument that, as stated in Occidental's contract, the company can't resort to arbitration if the state nullifies the contract.

…

Ecuador: Oxy Petroleum Request To Regain Control Of Assets Denied

August 21, http://money.cnn.com/news/newsfeeds/articles/
djf500/200708211922DOWJONESDJONLINE000574_FORTUNE5.htm

A World Bank arbitration panel denied an injunction sought by U.S.-based Occidental Petroleum Corp. (OXY) to regain control of its operations and assets in Ecuador, pending the resolution of the oil company's dispute with the Andean country, the Ecuadorean attorney general's office said Tuesday. The decision by the bank's International Center for Settlement of Investment Disputes, or Icsid, is good news for Ecuador, but it isn't final and doesn't slow down or change the arbitration process, officials from the office said.

Ecuador is expected to formally object to Icsid's intervention next month, and a hearing is expected early next year. Attorney General Javier Garaicoa said he anticipates a final decision rendered on the dispute in about a year. ICSID denied Occidental's request to have Ecuador invest at least $350 million in the operation of block 15, the oil block Occidental operated until May 2006, the attorney general's office said in a press release.

…

Argentina: ICSID rules in favor of Vivendi in Tucuman dispute

August 21, http://www.vivendi.com/corp/en/press_2007/
20070821_ICSID_rules_in_favor_of_Vivendi_in_Tucuman_Argentina_dispute.php

Vivendi announces that the international arbitration tribunal- ICSID has ruled in favor of Vivendi and Compañía de Aguas del Aconquija (CAA, Vivendi's Argentina subsidiary), in a dispute related to a water concession of the Argentine Province of Tucuman. The concession started in 1995 and was completed in 1997.

In an award released on August 20, 2007, the International Centre for Settlement of Investment Disputes (ICSID), determined that acts of provincial officials violated rights of Vivendi, its subsidiary and the Treaty between France and Argentina that protects foreign investors in both countries. The tribunal awarded Vivendi and CAA $105 million for damages plus interest and costs.

United States: Denial of Motion to Compel Arbitration Stands

August 23, http://appealsplus.com/talblog/2007/08/23/denial-of-motion-to-compel-arbitration-stands/

In AXA Financial, Inc. v. Roberts, a consolidated interlocutory appeal and mandamus proceeding previously discussed here, the Third Court of Appeals has turned away efforts to compel arbitration under both the Texas and federal statutes. The court first held that it lacked jurisdiction over the interlocutory appeal because the notice of appeal was not filed timely (within 20 days of the district court's order denying the motion to compel arbitration) and because a "motion to reconsider" neither extended the appellate timetable nor qualified as an independently appealable order. Considering the mandamus petition, the court of appeals concluded that the relator failed to establish the existence of an arbitration agreement covering the dispute and that the district court acted within its discretion in refusing to consider "new" evidence submitted with the motion to reconsider.

…

Canada: Softwood arbitration breaks new ground in trade dispute

August 23, http://www.boston.com/news/local/maine/articles/2007/08/23/
softwood_arbitration_breaks_new_ground_in_trade_dispute/?rss_id=Boston.com+%2F+News

VANCOUVER, British Columbia --When Canada and the United States signed a softwood lumber agreement last fall, it was supposed to end decades of bitter, costly trade battles and take the issue off their foreign policy agendas. ...

Canada firms face quick hit if U.S. wins lumber row

August 08, http://www.canada.com/topics/news/national/story.html?id=dac5f16a-b6b0-4480-8659-11a02879a521&k=78121

Canada's biggest lumber producers voiced confidence on Wednesday that they would win the latest softwood trade dispute with the United States but said there was also the possibility they could feel financial penalties more quickly than before.

U.S. Trade Representative Susan Schwab asked on Tuesday for binding arbitration under last year's Softwood Lumber Agreement to compel Canada to restrict lumber exports to the United States, apply extra duties and eliminate aid to the industry.

Unlike previous agreements, where multiple disputes could take several years to reach a final resolution, in this case the London Court of International Arbitration must reach a final and binding decision within eight months.

…

Russia: Moscow Arbitration Court hands control of 6 energy firms to state

August 16, http://www.thestar.com/Business/article/246744

The Moscow Arbitration Court handed control of six energy companies in the oil-rich province of Bashkortostan to the Russian government as the state tightens its grip on the industry's medium-sized businesses.

Stakes in the companies, including oil producer OAO Bashneft and four refineries, must be handed over to the state, the Moscow Arbitration Court ruled yesterday, according to Pyotr Kovshikov, a lawyer involved in the case. Rastislav Murzagulov, press secretary for the Bashkortostan administration, which controls the companies, said the ruling would be appealed.

…

United States: NGO-sponsored claim dismissed by US court as "manufactured"

August 8, http://www.ogj.com/articles/article_display.cfm?ARTICLE_ID=302819&p=7

The US District Court for the Northern District of California dismissed complaints Aug. 3 against Chevron Corp. filed on behalf of three Ecuadorians. The court said the plaintiffs had fabricated claims that they or their relative had cancer caused by the former operations of Chevron subsidiary Texaco Petroleum Co. in Ecuador.

The three plaintiffs, Gloria Chamba, Luisa Gonzales, and Gonzales's husband Nixon Rodriguez Crespo, were among a group of seven Ecuadorians who brought personal injury claims against the US major.

…

United Parcel Service of America Inc (UPS) v. Government of Canada, Award on the Merits

Marco Tulio Montanes, http://www.asil.org/ilib/2007/08/ilib070824.htm#j2

Additional information http://www.dfait-maeci.gc.ca/tna-nac/documents/MeritsAward24May2007.pdf (Approximately 150 pages)

Arbitral Tribunal composed of: L. Yves Fortier (arbitrator), Judge Kenneth Keith (President), Dean Ronald A. Cass (arbitrator, dissenting).

A split arbitral tribunal issued its award on the merits in a dispute between the United Parcel Service of America, Inc. (UPS Claimant) and the Government of Canada (Respondent) on 24 May 2007. In the first time that an arbitral tribunal has interpreted the cultural industries clause of the North American Free Trade Agreement (NAFTA), the tribunal rejected claims by UPS of approximately US $160 million in damages.

…

Finally, in passing, the arbitral tribunal also rejected allegations that Canada was in breach of NAFTA Article 1103, 1104 and 1105.

United States: House Energy Bill Favors Arbitration

http://arbitration-forum.blogspot.com/2007/08/house-energy-bill-favors-arbitration.html

Earlier this month, the online ADR news source ADRWorld.com reported on a comprehensive energy bill that includes arbitration. The U.S. House of Representatives bill calls for arbitration to resolve drilling disagreements between landowners and operators. According to the bill, if an agreement is not finalized within 90 days the matter shall be referred to third-party arbitration for resolution.

The bill aims to move the United States toward greater energy independence and security, develop innovative new technologies, reduce carbon emissions, create green jobs, protect consumers, increase clean renewable energy production, and modernize the energy infrastructure.

EVENTS

OGEMID reception, Columbia University - New York: October 31, 17.15

As part of Columbia University Law School's investment treaty conference and following a suggestion by Prof Jose Alvarez, of Columbia Law School and President of the American Society of International Law, Prof. Waelde would like to invite OGEMID members to get to know each other personally at a reception. We hope that there will be enough "electronic voices" converted into "real people".

Location: Columbia University, New York, Lerner Hall, Room 555.

About the conference http://www.cpii.columbia.edu/events/

ICC: New advanced level international commercial arbitration course debuts in September

23 August 2007, http://www.iccwbo.org/iccbgabi/index.html

ICC is launching a new programme, "The Institute Specials," that provides the very latest hands-on training on some specific problems that practitioners meet in dealing with an International Arbitration case. The training sessions build on the in-depth analysis of three key issues in arbitration procedure: site inspection, document production, and confidentiality. Presentations will be based on arbitral practice and illustrated through case law and case studies.

"The most important mission of the Institute is to reflect on the linkages between law and international trade practice, including arbitration," said Serge Lazareff, Chairman of the ICC Institute of World Business Law. "The Institute Specials is precisely about demonstrating the two complementary aspects of our activities," he went on to say.

Taking place on 24-25 September, the Institute is organizing the series of three, half-day events, tailored to the specific needs of experienced practitioners in international commercial arbitration.

The series was created in response to increasing demand for specific advanced arbitral training geared to individual needs, an indication of how international arbitration is playing a growing role in the global economy.

Annual Arbitration Seminar: How to Handle Oil and Gas Industry Cases - October 9-12

http://www.wcl.american.edu/arbitration

The seminar will take place in Washington, D.C. on October 9-12, 2007. The Annual Seminar is a four-day intensive program that uses a mock case as a tool for providing practitioners with skills, strategies, and tactics for successfully conducting arbitration cases. On this occasion, the seminar will feature sessions that are primarily from the perspective of the Rules of Arbitration of the International Chamber of Commerce.

OGEMID reception, Columbia University - New York: October 31, 17.15

As part of Columbia University Law School's investment treaty conference and following a suggestion by Prof Jose Alvarez, of Columbia Law School and President of the American Society of International Law, Prof. Waelde would like to invite OGEMID members to get to know each other personally at a reception. We hope that there will be enough "electronic voices" converted into "real people".

Location: Columbia University, New York, Lerner Hall, Room 555.

About the conference: Columbia International Investment Conference
What's Next in International Investment Law and Policy?

Against the background of the growth of foreign direct investment, the proliferation of international investment agreements and the rise of investment disputes, the Conference - entitled "What's Next in International Investment Law and Policy? Improving the International Investment Law and Policy System" - will identify some of the challenges that the international investment law and policy system is facing and discuss the way forward.

More specifically, the Conference will examine the expectations of key stakeholders as regards the international investment law and policy system. It will also look at the implications of a rise of FDI protectionism and, related to that, address the question of whether there may be a need to recalibrate this system by looking, inter alia, at key investor protection standards; corporate social responsibility; home country measures; and the special role that developing countries can play in further developing and strengthening the current system.

More information at http://www.cpii.columbia.edu/events/

The Society of International Economic Law: Inaugural Conference, July 15-17, 2008

Members of the international economic law community have created a new organisation called the Society of International Economic Law (SIEL).

The organisation will foster co-ordination, collaboration and debate between International Economic Law (IEL) scholars and academically inclined practitioners/officials and national or regional IEL organisations around the world. Additionally, it will seek to support and nurture the growth of research and teaching in the field of international economic law in parts of the world presently lacking those resources. The SIEL will be genuinely global in its reach and as inclusive as possible in terms of the expertise and interests of participants - broadly covering the many disciplines encompassed by IEL. Further information about the current SIEL organisational framework, including the composition of the Founding Committee and of the Founding Executive Council, can be found at SIEL's website - http://www.sielnet.org/

The formal launch of the SIEL will be at an Inaugural Conference to be held July 15-17, 2008, at the Graduate Institute of International Studies in Geneva (l'Institut universitaire de hautes études internationales, HEI). Further details about the conference and call for papers will be available shortly at SIEL's website.

For further information contact either Andrew Lang or Colin Picker (Co-Chairs of the Founding Committee, SIEL) or Galina Zukova (Co-Chair, SIEL Inaugural Conference Committee)

Dr Andrew Lang
Law Department - London School of Economics

Colin B. Picker
University of Missouri - Kansas City School of Law

Galina Zukova
Riga Graduate School of Law

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

BOOKS / PUBLICATIONS

New issue of ICC Court Bulletin

http://www.iccwbo.org/court/arbitration/id16088/index.html

The newly released issue of the ICC International Court of Arbitration Bulletin (Vol. 18/No. 1) takes an in-depth look at amiable composition in ICC arbitration. Extracts from 17 ICC arbitral awards rendered between 1992 and 2004 show how ICC arbitral tribunals have implemented their powers as amiable compositeurs and the stances they have taken on the subject. In an accompanying article, Laurence Kiffer comments on the issues raised by these extracts, such as the terminology used, the relationship between amiable composition and national law, and the scope of the powers exercised by arbitrators acting as amiable compositeurs. Ms Kiffer is a practicing lawyer in France and a member of the ICC Arbitration Commission Task Force on Amiable Composition and Ex Aequo Et Bono.

Vol. 18/No. 1 also brings readers a new report from the ICC Commission on Arbitration, in which leading arbitrators suggest techniques for saving time and costs in arbitration, so as to help improve efficiency. The suggestions are wide-ranging and cover the organization of the proceedings, submission of evidence and hearings, as well as preliminary matters such as the arbitration agreement and the selection of counsel and arbitrators.

Readers will also find in this issue interviews in which Dispute Board practitioners Naël Bunni, Paul-A. Gélinas, Pierre Genton and Peter Wolrich comment on the implementation of ICC's Dispute Board Rules three years after their introduction.

The issue also provides, in the 2006 Statistical Report, a detailed analysis of the activity of the ICC International Court of Arbitration last year. The Report includes a breakdown of parties and arbitrators according to their country of origin, as well as information on the constitution and composition of arbitral tribunals, choices of law, places of arbitration, awards and amounts in dispute.

Vol. 18/No. 2 forms part of the 2007 subscription to the Bulletin and can also be purchased separately. For more information on subscriptions and sales, please visit ICC's online bookstore: http://www.iccbooks.com/Product/CategoryInfo.aspx?cid=93

World Investment Prospects to 2011: Foreign Direct Investment and the Challenge of Political Risk

The Columbia Program on International Investment has partnered with the Economist Intelligence Unit, a member of The Economist Group, to publish World Investment Prospects to 2011: Foreign Direct Investment and the Challenge of Political Risk. The report contains the first authoritative data on FDI flows for 2006 and forecasts flows until 2011, with 2007 set for a new record. It also contains the results of a survey of over 600 corporate executives concerning their investment intentions for the next five years. World Investment Prospects to 2011 pays special attention to the rise of FDI protectionism and regulatory risk. The report will be released at a press conference at Columbia Law School on Sept. 5 at 10:00 am EDT. A live webcast of the press conference will also be streamed on http://www.cpii.columbia.edu/pubs/