issue #14, week 20. 14 May 2008
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

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

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Recent issues:

NEWS

Ecuador has 'no confidence' in World Bank review

May 12, http://www.taipeitimes.com/News/worldbiz/archives/2008/05/12/2003411734

Ecuadorian President Rafael Correa said on Saturday he has "no confidence" in the World Bank arbitration branch that is hearing US oil company Occidental's lawsuit against Ecuador.

Ecuador "handed over its sovereignty" when it signed international accords binding it to the bank's International Center for Settlement of Investment Disputes (ICSID), Correa said during his weekly radio address.

...

Concerns About China Arbitration Rise

May 9, http://online.wsj.com/article/SB121029284891279427.html

Western companies doing business in China are increasingly being asked to agree to what they consider a risky proposition -- to resolve disputes through arbitration in China in the event a deal goes sour.

Private arbitrations have proliferated internationally as the method of choice for resolving cross-border disputes. They are often cheaper and more efficient than court litigation. Plus, arbitrations are private, so companies can keep their dust-ups out of the public eye.

...

Alliant Bid for MacDonald Unit Rejected by Canada

May 9, http://www.bloomberg.com/apps/news?pid=20601082&sid=aRwvdi86nYX0&refer=canada

Canada reaffirmed its rejection of Alliant Techsystems Inc.'s C$1.33 billion ($1.32 billion) bid for MacDonald Dettwiler and Associates Ltd.'s satellite business, the first time the country has blocked a foreign takeover since at least 1985.

...

Under Canadian investment law, Prentice can block any takeover of a Canadian company worth more than C$295 million if the deal doesn't provide "net benefits" to the economy, such as increased productivity and research and development. This is the first time a foreign takeover has been rejected under the Investment Canada Act, which has governed takeovers since 1985.

...

Kenya: Czech Firm Loses Pipeline Suit

May 6, http://allafrica.com/stories/200805060046.html

CZECH Republic's Skoda Export Ltd has suffered another upset after the High Court declined to stop invitation of fresh bids in a contract for the extension of the Kenya-Uganda petroleum pipeline.

Milimani Commercial Courts Judge, Mohammed Warsame, on Friday rejected Skoda's plea for a temporary injunction restraining other players from being invited or bidding for contract for the extension of the project between Eldoret to Kampala Terminal in Uganda.

The Judge's decision was on an application by Skoda, through Nairobi's Hamilton, Harrison and Mathews Advocates.

...

Port of Vancouver, Alcoa scuffle over cleanup plan

May 5, http://www.bizjournals.com/portland/stories/2008/05/05/story9.html?b=1209960000^1629040

The port wants a judge to send the dispute to arbitration. Port of Vancouver officials are hoping a hearing today could move them closer to settling a dispute that is delaying its $23.7 million purchase of 107 acres owned by Alcoa Inc.

The port, which expected the sale to close March 31, has already begun marketing the site formerly used for smelting by the Pittsburgh-based aluminum giant. It needs the space to store 150 units of wind turbines expected in the fourth quarter of the year.

"We have a lot of that business coming down in the fourth quarter," said Todd Coleman, the port's deputy executive director. "We are relying on some of that property to lay down some of those components."

...

Supreme Court Vacates Arbitration Award

May 2, http://www.texasappellatelawblog.com/2008/05/articles/
supreme-court-orders/supreme-court-vacates-arbitration-award/

The Texas Supreme Court issued one new decision and one substituted opinion with this week's regular Friday orders.

In Perry Homes, a Joint Venture v. Cull (No. 05-0882), the Court held that the plaintiffs waived their right to arbitration by substantially invoking the litigation process, including "request[ing] hundreds of items of merits-based information and conduct[ing] months of discovery under the rules of court" before changing their minds "only four days before the trial setting . . . and decid[ing] they would prefer to arbitrate after all." The Court vacated an $800,000 arbitration award and "remanded the case to the trial court for a prompt trial."

...

KBR 1Q profit more than tripled with arbitration award

May 2, http://origin.mercurynews.com/breakingbusiness/ci_9130116?nclick_check=1

KBR Inc., the military contractor and engineering outfit, said Friday its first-quarter profit more than tripled, helped by a gain from an arbitration award, and the company's top executive touted prospects for broad growth. In addition, chairman and chief executive Bill Utt said the company hopes to finish a costly U.S. embassy project in Macedonia by year's end.

While the former Halliburton subsidiary remains the Pentagon's biggest private contractor in Iraq, the company has focused in the past couple of years on expanding its engineering and industrial construction operations, where its roots lie.

...

KBR, which split from Halliburton last April, recorded a $51 million gain from a favorable arbitration award related to a project with Pemex, Mexico's state-owned oil company. But profits were weighed down by a $12 million charge related to the embassy project in Macedonia.

...

Czech: Win in ArcelorMittal arbitration bodes well for future settlement

April 30, http://www.praguepost.com/articles/2008/04/30/steel-reserves.php

The country's most prominent current arbitration case has taken yet another turn. About a month ago, the government celebrated a significant victory after it defeated an arbitration claim from the steel conglomerate ArcelorMittal seeking approximately 5.79 billion Kc ($356 million) from the state.

...

Petaquilla Copper Delivers Arbitration Notice to Teck Cominco

April 29, http://www.globeinvestor.com/servlet/story/PRNEWS.20080429.MO264/GIStory/

Petaquilla Copper Ltd. ("Petaquilla") announces that it has delivered a Notice of Request to Arbitrate to Teck Cominco Limited ("Teck Cominco") with respect to a dispute about the Petaquilla Copper Project, Panama.

On March 28, 2008, Teck Cominco purported to deliver to Petaquilla a "Final Commitment" with respect to the Project. A "Final Commitment" is defined as a written notice given by Teck to each of Petaquilla and Inmet Mining Corporation unconditionally confirming that it will participate in all required Work Plans and Budgets for Development Operations for the purpose of achieving Commercial Production, in accordance with the terms of the Initial Feasibility Study relating thereto and in accordance with the terms of the Minera Petaquilla S. A. Shareholders' Agreement, and that it will arrange or provide Petaquilla's and Teck's share of the financing of the required Development Costs and specifying the terms of this financing.

...

See also 'Inmet "Disappointed" By Partner's Arbitration Notice To Teck'.

Siemens Seeks Arbitration In BenQ/Qisda Dispute

April 29, http://news.morningstar.com/newsnet/ViewNews.aspx?article=
/DJ/200804291317DOWJONESDJONLINE000811_univ.xml

Siemens (SI) has asked the Paris-based International Chamber of Commerce to rule on its dispute with Qisda Corp (2352.TW) about the 2005 sale of Siemens' mobile phone operations to Qisda.

"We'll let them check our interpretation of the law," said a Siemens spokesperson.

In the complaint, Siemens attempts to verify "that certain assumptions by Qisda in relation to the sale price are incorrect." Siemens said it wants to force Qisda to fulfill its contractual obligations to Siemens or to provide reimbursement.

...

EU arbitration to take precedence in EDF's proposed takeover of Iberdrola

April 22, http://www.energy-business-review.com/article_news.asp?guid=3A11E1E3-106A-467C-9EC2-D865AE74E694

The Spanish government's authority to arbitrate in mergers and acquisitions concerning the national energy market will be affected by European Union legislation, possibly undermining Spain's influence in EDF's prospective takeover of Iberdrola, according to The Financial Times.

...

Philippines: Goverment to settle arbitration case with Swiss company

April 23, http://www.yehey.com/finance/level3.aspx?id=210991

The government will settle an arbitration case with Societe Generale de Surveillance (SGS) SA of Switzerland, the Department of Finance confirmed Tuesday.

In a statement, Finance Undersecretary Gil Beltran said the Philippines would pay the Geneva-based goods inspector P6.2 billion in two equal installments this year and next year.

"In light of a recent ruling of the International Centre for the Settlement of Investment Disputes favoring SGS and the Commission of Audit's recognition of government's financial obligation to SGS, we believe this settlement is in the government's best interest," Beltran said.

...

Novartis, Aventis to resolve issues in London

April 23, http://www.business-standard.com/common/storypage_c_online.php?leftnm=10&bKeyFlag=IN&autono=36164

Novartis Vaccines & Diagnostics Inc and Aventis Pharma today resolved to refer their differences and claims over marketing of anti-rabies vaccine in South Asia to arbitration in London.

The companies today informed Supreme Court, which was hearing the matter, that all the disputes and differences have been referred to the sole arbitration of former Chief Justice of India Justice SP Bharucha.

...

Ghana's invesment law under review

May 6, http://www.thestatesmanonline.com/pages/news_detail.php?newsid=6285&section=2

The Ghana Investment Promotion Centre says it is still reviewing the nation's investment laws to link all sectors of the economy and also conform to modern principles that will benefit the country.

The review is expected to deal with all inefficiencies and irregularities experienced in Ghana's investment activities. It will also address the difficulties brought by the influx of illegal foreign operators into the country's retail sector.

...

Russia's Putin signs foreign investment law

May 5, http://www.guardian.co.uk/feedarticle?id=7500389

Russian President Vladimir Putin on Monday signed a long-awaited law on strategic industries, designed to clarify which assets will be off-limits to foreigners, the Kremlin said in a statement.

The signing of the law is a milestone in one of the chief aims of the Putin presidency: to bring strategic industries, above all oil and natural gas, back under state control after they were sold off during the privatisation of the 1990s.

The law is coming into effect days before the inauguration of President-elect Dmitry Medevedev, who on Wednesday will inherit an economy dominated by state-controlled companies.

...

Court to Rule Soon in Hunt-Yemen Dispute

May 5, http://www.energyintel.com/DocumentDetail.asp?Try=Yes&document_id=229888&publication_id=31

The International Court of Arbitration in Paris is likely to rule in the next month on a closely watched dispute between the Yemeni government and US firms Hunt Oil and Exxon Mobil over the fate of a production license in Yemen. Both sides have finished arguments and are now awaiting judgment, says Ben Knowles of London-based law firm Clyde & Co., which is representing the Yemenis.

...

Farmer wants to be compensated for Zim land

May 7, http://www.sunday.co.za/?fSectionId=&fArticleId=vn20080507054342187C601462

The Pretoria high court was on Tuesday told of a Free State farmer's six-year struggle to get the South African government to provide him with diplomatic protection after he lost his farms in Zimbabwe.

Crawford von Abo wrote to the office of President Thabo Mbeki and various ministers in a bid to get the government to act against Zimbabwe's unlawful confiscation of land belonging to South Africans.

"To date, there has been no meaningful response from the South African government," Von Abo's advocate, Peter Hodes SC, said.

He told Judge Bill Prinsloo that various departments only "passed the buck".

...

Romania Faces USD 100 M Corruption Suit

May 2, http://www.novinite.com/view_news.php?id=92796

A British company is suing the Romanian state for USD 100m in a high-level corruption case involving a former prime minister, airport and airline duty-free concession contracts and an audio tape recording of alleged demands for a USD 2.5m bribe.

The case involves Eastern Duty Free (EDF), a UK-based duty-free operator with other operations in Laos, Vietnam and the Philippines, which is taking legal action at the World Bank's International Centre for the Settlement of Investment Disputes (ICSID).

It is claiming USD 100m (EUR 75m, £51m) in damages for the loss of two contracts for duty-free sales at Bucharest Otopeni airport and on Tarom, Romania's national airline.

...

Bolivia faces legal challenges in phone takeover

May 8, http://in.reuters.com/article/rbssTechMediaTelecomNews/idINN0729342320080507

Bolivia's government has taken over operations of leading phone company Entel, but still faces a legal challenge from Telecom Italia (TLIT.MI: Quote, Profile, Research) overcompensation for the nationalization.

...

"You can bet the Italian partners will fight the government," Francesco Zaratti, who supervised privatized businesses during the 2003-2005 government of President Carlos Mesa.

Bolivia announces takeover of Telecom Italia unit

May 1, http://in.reuters.com/article/rbssTechMediaTelecomNews/idINN0121819820080501

Bolivian President Evo Morales decreed on Thursday the nationalization of the country's largest telecommunications company, Entel, a unit of Telecom Italia.

The government since last year had pushed the company to negotiate terms for a state takeover, and had issued millions of dollars of fines against the telephone operator, saying it had failed to provide quality rural service and invest in expansion.

The news came exactly two years after the leftist president announced his first major reform: the nationalization of the country's energy industry, including extensive natural gas production.

Morales issued a decree in April 2007 ordering Telecom Italia to sell part or all of its 50 percent stake in Entel to the Bolivian state.

Telecom Italia initially agreed to meet with the Bolivian government to negotiate terms, but talks collapsed when Bolivia refused the company's request to move the negotiations to another country.

...

See also 'A Dutch Letterbox Could Cost Bolivia a Fortune'

Calif. ruling addresses arbitrator disclosures

May 02, http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1209632740046

Arbitrators can't be disqualified from a case for disclosing information about themselves that wasn't required to be revealed in the first place, a California appeal court ruled Wednesday.

The first-impression decision by San Diego's 4th District Court of Appeal could have wide impact because it recognizes that arbitrators, and possibly judges, have personal lives just like anyone else and might have occasional outside interactions with people appearing before them.

"Under the defendants' theory," Justice Judith McConnell wrote, "an arbitrator could be disqualified during arbitration for orally revealing even the most attenuated contact with a party's counsel or witness, such as occasionally shopping at the same grocery store."

Justices Judith Haller and James McIntyre concurred.

The ruling vindicates arbitrator J. Richard Haden, a retired San Diego County Superior Court judge who refused to disqualify himself from a case because he had served on an association's board of directors with the lead attorney and a potential witness for one of the parties.

...

20 Essex Street trio seeks Lords hearing on Yemen oilfields dispute

May 6, http://www.thelawyer.com/cgi-bin/item.cgi?id=132572&d=415&h=417&f=416

A trio of barristers from 20 Essex Street is seeking to overturn a 2006 Court of Appeal ruling in the battle over a $55m (£27.83m) share of revenue in the oilfields of Yemen. The appeal judgment, led by Lord Justice Lawrence Collins, held that the court had the power to appoint a receiver by way of "equitable execution over future receipts from a defined asset".

Collins LJ continued: "There is no firm foundation in authority for a rule that the remedy is not available in relation to future debts."

This ruling was sparked from the ongoing dispute between Palestinian billionaire businessman Munib Masri and two Lebanese companies - Consolidated Contractors International Company and Consolidated Contractors Oil and Gas (CCC).

...

CCC Fail In Bid To Prevent Appointment Of Receiver - Partner At Deloitte To Collect Oil Revenues

29th April 2008, Press Release

In the latest legal setback to hit Consolidated Contractors Company ("CCC"), it has failed in its appeal to prevent the appointment of a Court Receiver to take action to collect around $60 million owed by two of its subsidiaries, Consolidated Contractors (Oil & Gas) Company SAL ("CCOG") and Consolidated Contractors International Company SAL (CCIC), to Mr Munib Masri following the English Court's judgment in the long running dispute over the Yemeni Masila Oilfield concession. The Receiver has been appointed to collect CC (Oil & Gas)'s oil revenues from its lucrative interest in the Masila Oilfield.

CCC had sought to overturn the order appointing the Receiver, unsuccessfully arguing a number of legal points. In seeking to delay the effect of the Order pending the unsuccessful appeal, CCOG stated that it would damage its subsidiary's business if it became common knowledge that a Receiver had been appointed. In a witness statement dated 19 December 2007 Yasser Burgan, a representative of CCOG, told the Court:

"...the disclosure of the existence of the receivership order to CCOG's third party purchasers is likely to provoke a very adverse reaction. CCOG's buyers would soon start avoiding business with CCOG, because the uncertainty over the status of the receivership order in other jurisdictions would involve a risk which they could avoid by purchasing from other sellers."*

The Court of Appeal in London disagreed with CCOG's arguments and has now instructed Mr Lee Manning, a partner at Deloitte, to act as its appointed receiver to collect CC (Oil & Gas)'s revenues from the Masila concession.

In this latest phase of the proceedings, CCC had appealed against the Court's Order to appoint a Receiver, the Court's Order for the provision of affidavits of assets and also the Court's freezing injunction preventing the transfer of CCC's interest in the Masila Concession.

CCC was unsuccessful on all points and the Receiver was duly appointed by the Court following an order dated 4th April 2008. At a hearing earlier in the week, CCC was found to have provided misleading evidence to the court at a hearing in January 2008 when it was arguing for a temporary postponement of the order appointing the receiver pending the appeal. CCC were also recently found by the court to have failed to comply properly with an Order to provide details of their assets, with a value in excess of $100,000, by providing inadequate statements and they have been ordered to provide further information by 16 April 2008.

Further failures to comply with the Court's orders could see CCC personnel face proceedings for contempt of court in the UK and potentially imprisonment. In what appears to be an attempt to avoid personal responsibility for the companies' actions, key members of the Khoury and Sabbagh families (who own the CCC group) were recently removed from the board of CCIC, a principal operating company in the group.

This latest legal blow for CCC follows the freezing earlier this year, by Swiss courts, of all bank accounts held by its main operating company CCIC at Bank Audi Suisse SA in Geneva and at Arab Bank Switzerland in Zurich. Proceedings related to enforcement are also underway in Lebanon and the US.

Commenting, Simon Morgan, a Partner at international law firm Simmons & Simmons, representing Mr Masri said:

"It is remarkable that companies within the Consolidated Contractors group, a large international group which prides itself on its values and high standards, should risk the group's reputation by taking every step they can to avoid complying with the final, unappealable, Orders of the English court. It is, however, likely only to be a matter of time before the companies' assets are seized to satisfy the judgments."

*Para 21 of witness statement dated 19 December 2007

Power to appoint receiver of future income

April 22, http://business.timesonline.co.uk/tol/business/law/reports/article3671766.ece

Masri v Consolidated Contractors International UK Ltd and Others (No 2). Before Lord Justice Ward, Lord Neuberger of Abbotsbury and Lord Justice Lawrence Collins. Judgment April 4, 2008

The court had the power to appoint a receiver by way of equitable execution over future receipts from a defined asset.

...

ICSID: Procedural Details Available on the ICSID Website

April 30, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=
OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement11

The Centre has recently released an additional feature of its new website. For the first time, extensive details on procedural developments in each of the ongoing ICSID proceedings are being published online. For each pending case, the Secretariat has added an additional web page providing a set of key procedural details that was previously published only in hard-copy format.

The procedural details feature can be accessed in the "Cases" section either through a link provided in the "Status of Proceeding" component of each pending case listed, or as a separate tab provided for each case in the "Search Cases" sub-section.

This new feature is part of the Centre's continuous efforts to make its case-management activities even more transparent.

A boost for mediation in civil and commercial matters: European Parliament endorses new rules

April 23, http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/628&format=
HTML&aged=0&language=EN&guiLanguage=en

A Directive on certain aspects of mediation in civil and commercial matters was adopted today 23 April 2008. The purpose of the Directive is to facilitate access to cross-border dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a sound relationship between mediation and judicial proceedings. The Directive is one of the follow-up actions to the Green Paper on alternative dispute resolution presented by the Commission in 2002, the other being the European Code of Conduct for Mediators established by a group of stakeholders with the assistance of the Commission and launched in July 2004.

Welcoming the adoption of this Directive, Vice-President Jacques Barrot said: "This Directive fulfils the political objective established in October 1999 by the European Council of Tampere, which - in the context of encouraging better access to justice in Europe - called for the creation of alternative, extrajudicial procedures for dispute resolution in the Member States. Mediation can provide cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. Agreements resulting from mediation are more likely to be complied with voluntarily and help preserve an amicable and sustainable relationship between the parties.

The Commission proposed the Directive in October 2004 (IP/04/1288). The Directive facilitates recourse to mediation by strengthening the legal guarantees accompanying it, thus giving real added value to citizens and businesses in the European Union. The key components of the Directive are as follows:

Following today's adoption of the Directive, Member States will be given 36 months to convert the new rules into national law.

Oregon University System (OSU) kicks off new certificate

http://www.gazettetimes.com/articles/2008/04/22/news/community/7loc01_osucert.txt

The Oregon University System earlier this month approved a new graduate certificate in water conflict management and transformation at Oregon State University. The certificate would be the only one of its kind in the Pacific Northwest.

"We're hugely excited. This has been five years in the making," said Aaron Wolf, director of OSU's water conflict management and transformation program. "It's basically made up of courses already in place."

...

See also water.oregonstate.edu

Joint appointment of Arbitration Panel - TGS files writ

April 23, http://www.scandoil.com/moxie-bm2/news/joint-appointment-of-arbitration-panel---tgs-files.shtml

TGS-NOPEC Geophysical Company ASA (TGS) and Wavefield-Inseis ASA (Wavefield) have jointly appointed Harald Arnkværn, Gunnar Aasland and Georg Scheel as arbitration panel. In addition, TGS has filed the writ against Wavefield, demanding the approved merger to be completed. TGS reserves the right to seek compensation, estimated to approximately USD 700 million, from Wavefield for the merger plan violation.

"TGS has loyally honoured the merger plan and emphasises that all conditions are fulfilled. The merger plan states that any disagreement between the parties shall be solved through arbitration. Consequently, TGS ask the arbitration panel to instruct the board of directors in Wavefield to complete the merger", says Hank Hamilton, CEO of TGS.

The merger plan was approved by the General Meeting of Shareholders of both companies, with a 97 per cent majority on September 20th 2007. The disagreement between the companies is related to the completion of the merger. In the arbitration writ, TGS claims that Wavefield, by refusing to confirm the completion of the merger to be registered in the Norwegian Business Register, violates the merger plan.

...

Michael Waibel LL.M. '08 wins prestigous Deak Prize

April 22, http://www.law.harvard.edu/news/2008/04/22_waibel.php

Michael Waibel LL.M. '08 was awarded the Francis Deak Prize by the American Society of International Law for his paper entitled "Opening Pandora's Box: Sovereign Bonds in International Arbitration." The award was presented on April 10 at the Society's annual general meeting in Washington, DC.

...

Interview with Daniel Schimmel: Seeing American Litigation Through A French Lens - A Two-Way Exercise

http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=May&artYear=2008&EntryNo=8229

The Editor interviews Daniel Schimmel , International Litigation and Arbitration Partner at Kelley Drye & Warren LLP in New York.

...

PODCASTS

Resolving Disputes and Drafting a Constitution in Iraq

Michael McIlwrath talks with Zaid Al-Ali, who is advising the United Nations on legal developments in Iraq, on drafting a new Iraqi constitution and efforts at improving Iraq?s methods for dealing with international commercial disputes.

This episode is available for download here www.cpradr.org/audio1.asp

Mark Kantor on Appointing Arbitrators

In this episode Michael McIlwrath has a discussion with former law firm partner Mark Kantor, of Washington, D.C., as he discusses his move to full-time arbitrator, and the ins-and-outs of putting together an international arbitration tribunal, including everything from the logistics to the ethics rules.

This episode is available for download here www.cpradr.org/audio1.asp

EVENTS

L'arbitrage et les tribunaux, May 23

http://seminaires.uianet.org/fr/larbitrage-et-les-tribunaux/home94/

For a long time, the national laws of a number of jurisdictions did not allow arbitration to be considered as equivalent to court litigation, by imposing a narrow scope for the arbitrability of disputes, specifically reserving matters for the State courts (e.g. interim measures) or simply by allowing local courts to adopt an interventionist approach. Even to date, some parties and counsel would instinctively prefer to turn to the courts to seek assistance when facing some procedural difficulties in arbitration. However, modern arbitration laws and best practices in international arbitration tend to change this situation drastically by enabling the parties, arbitrators and arbitral institutions to have wide autonomy in the conduct and administration of arbitration proceedings, whilst limiting the intervention of State courts to a minimum.

This UIA Seminar in Amsterdam will be a unique opportunity for the participants to hear leading and widely experienced arbitration practitioners (including practicing lawyers, professors and judges) make a detailed assessment of the relationship between arbitration and the court system: should arbitration be caught by EU regulations on jurisdiction and enforcement? What room may or must be left to the courts in certain areas (arbitrability, lis pendens, consolidation of proceedings, interim measures)? Should court intervention be seen as a form of assistance and/or interference? What can be expected from a court review at the stage of setting aside proceedings against an award or enforcement of an award abroad?

Most topics will be addressed in a comparative law perspective and will be of interest for lawyers from all jurisdictions. Some speakers will also discuss the situation in the Netherlands and describe what may change in the courts' approach and powers in the future, in view of the forthcoming arbitration law reform.

ICC/FIDIC The Resolution of Disputes under International Construction Contracts, June 2 - 4

http://www.iccwbo.org/events/display12/index.html?CodeICMS=S0822

Under the auspices of the International Court of Arbitration®
The Houstonian Hotel, 111 North Post Oak Lane, Houston, Texas 77024, USA

Objective

FIDIC Conditions of Contract are the most widely used standard forms of contract in international construction and disputes have been submitted to the ICC International Court of Arbitration since their first edition in 1957. This ICC/FIDIC conference which will be held on 2-4 June 2008 in Houston will review the procedure for claims and disputes under FIDIC contracts and explain the legal entitlements of the contractor and employer, and will also focus on the specific features of dispute resolution in international construction contracts in the United States and explore practical implications and current developments. Led by a team of world-renowned experts in this field, sessions will be structured to encourage interactive discussion among participants.

Specialised Arbitration & Advocacy Skills in International Oil & Gas Disputes

Seminar Presenters: Professor T.W. Walde; Tim Martin, Esq; Arif Hyder Ali, Esq; William H. Knull III, Esq and others.
September 08 - 12. Hilton Hotel, Dundee
More information is available at the CEPMLP website

Foreign Direct Investment International Moot Competition - Investor-State Arbitration: Perspectives on Legitimacy and Practice

Foreign Direct Investment International Moot Competition - Investor-State Arbitration: Perspectives on Legitimacy and Practice
The FDI Moot promotes an understanding of international investment laws and of arbitration as an effective mechanism for the adjudicating international investment disputes. The event attracts not only the student participants but also lawyers from the around the world, who act as judges as part of a program that allows them also to discuss in a collegial environment developments affecting the field. The FDI Moot involves a hypothetical case in connection with an investment by a private foreign investor. Each year’s hypothetical is prepared by the competition’s Advisory Board, composed of distinguished academics and practitioners in the fields of international arbitration, investor-State arbitration and international investment regulation.
October 31 - November 2. Boston, Massachusetts.
More information is available at www.fdimoot.org.

WEBLOGS

A Snapshot of Arbitration in China . . . And the Strange Case of Dr. Wang

http://blogs.wsj.com/law/2008/05/09/a-snapshot-of-arbitration-in-china-and-the-strange-case-of-dr-wang/

When western companies get into dustups with Chinese companies — an increasingly common occurrence given the pace of western investment in China — what do they do? Well, increasingly they're being asked to agree to what they consider a risky proposition — to resolve disputes through arbitration in China.

...

See also "Concerns About China Arbitration Rise".

Neutrality Questions Continue to Dog Arbitration Firm

http://blogs.wsj.com/law/2008/04/21/neutrality-questions-continue-to-dog-arbitration-firm/?mod=WSJBlog

Theoretically, the likelihood of a recession and mounting consumer credit debt should be good for the National Arbitration Forum, which helps resolve disputes between credit-card companies and their customers. That is, if it can work through its allegations of lender bias.

...

China Contracts: To Arbitrate Or Not To Arbitrate, That Is The Question.

http://www.chinalawblog.com/2008/05/china_contracts_to_arbitrate_o.html

Aftermath of the NAFTA Lumber Wars: More Litigation

http://www.opiniojuris.org/posts/1209497864.shtml

MOVES / JOBS

New ACICA President (Doug Jones) & New ACICA Director of Arbitration (David Fairlie)

http://www.acica.org.au/news.html

ACICA has appointed a new President and has created a new position, Director of Arbitration.

The new President of ACICA is Doug Jones AM. Doug is an international infrastructure and dispute resolution lawyer of worldwide repute. He heads the Major Projects, International Arbitration and Construction Practices at Clayton Utz.

Doug Jones has thanked the outgoing President, Michael Pryles AM, for his outstanding and tireless contribution to international arbitration in Australia.

Doug Jones has announced that David Fairlie would take up the post of the newly created position of Director of Arbitration. David Fairlie has extensive experience in dispute resolution - both in managing large Court cases and arbitrations, both domestic and international, and in achieving negotiated solutions through the use of mediation and other alternative dispute resolution techniques.

ICC: Selection process underway for new Chairman of ICC International Court of Arbitration

May 6, http://www.iccwbo.org/icccafja/index.html

The announcement advertising the position of Chairman of the Court was posted on ICC's website on 22 April and has also been advertised in the Financial Times and Le Monde. The application period closes on 16 May 2008.

ICC has announced the selection process and called for candidates to fill the position of Chairman of the ICC International Court of Arbitration.

Under the provisions of the ICC Constitution, the Chairman of the Court is elected by the ICC World Council upon a recommendation of the Executive Board. The Executive Board has an established Nominations and HR Committee whose function is, inter alia, to recommend to the Executive Board a candidate for the post of Chairman of the ICC International Court of Arbitration.

However, in order to ensure that the ICC international arbitration community is instrumental in the process for selecting a new Chairman of the Court, an ad hoc Selection Committee has been created which is representative of that community. The Selection Committee is chaired by Peter Wolrich, the Chairman of the ICC Commission on Arbitration.

...

Lucy Reed becomes ASIL's 43rd President [pdf]

April 10, http://www.asil.org/pdfs/pressreleases/pr080414.pdf

WASHINGTON, DC ­ The American Society of International Law (ASIL) announces that on April 10, 2008, Lucy Reed, a partner at Freshfields Bruckhaus Deringer, in New York, became the Society's 43rd president. Ms Reed is a specialist in international commercial arbitration, particularly in investment treaty disputes. She will serve in her new ASIL capacity for a two-year term. "I am very much looking forward to my next two years of service to the Society," said Ms Reed. "My goals include programs to serve our members and the larger community interested in international law. My top priorities include an expanded continuing legal education program for the many lawyers who are grappling with the implications of a globalizing legal profession and also a project to strengthen understanding and protection of women's human rights."

As an arbitrator, Ms Reed has served on the Eritrea-Ethiopia Claims Commission and as Co-Director of the Claims Resolution Tribunal for Dormant Accounts in Switzerland (the Holocaust tribunal). She is one of only five attorneys nationwide to be named a tier one international arbitration practitioner by Chambers USA (2006). Ms Reed was also the first General Counsel of the Korean Peninsula Energy Development Organization and, while with the US State Department, was the US agent to the Iran-US Claims Tribunal and Deputy Assistant Legal Adviser for International Claims and Investment Disputes. She received her JD from the University of Chicago. "We are delighted to have Lucy coming on board and know that the next two years will be exciting ones for the Society," remarked ASIL Executive Director Elizabeth Andersen.

Ms Reed replaces outgoing President José Alvarez, who is the Hamilton Fish Professor of International Law and Diplomacy at Columbia Law School. ASIL presidential terms alternate between private practitioners and academicians. ASIL is a nonprofit, nonpartisan, educational membership organization. It was founded in 1906, chartered by the U.S. Congress in 1950, and has held Category II Consultative Status to the Economic and Social Council of the United Nations since 1993. ASIL's mission is to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice. The Society's 4,000 members (from nearly 100 countries) comprise attorneys, academics, corporate counsel, judges, representatives of governments and nongovernmental organizations, international civil servants, students, and others interested in international law. For more information, visit www.asil.org.

Ana Palacio Leaves ICSID

April 30, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=
AnnouncementsFrame&FromPage=Announcements&pageName=Announcement12

Ana Palacio resigned from the posts of Senior Vice President and General Counsel of the World Bank Group, and Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID), effective April 15, 2008.

Ms. Palacio, a Spanish national, was unanimously elected as Secretary-General by the Administrative Council of ICSID in 2006. Prior to joining the Bank Group and ICSID, she held a number of distinguished positions in both the political and legal arenas. From 2004 to 2006, she was a member of the Spanish Parliament where she chaired the Joint Committee of the Two Houses for European Affairs. Immediately prior to this, she served as Foreign Minister of Spain from 2002 to 2004. Before undertaking this post, Ms. Palacio was a member of the European Parliament. Ms. Palacio has held the most senior positions in the governing bodies of the Madrid Bar and the European Bar.

As Secretary-General of ICSID, Ms. Palacio spearheaded a number of initiatives to strengthen the operations of the Secretariat and to modernize its practices and procedures. These initiatives have enabled ICSID to update its strategic focus and maintain its status as the leading international arbitration institution devoted to investor-State dispute settlement. Ms. Palacio initiated a reorganization of the Secretariat's staffing structure, which was improved by the creation of staff teams and the filling of the position of Deputy Secretary-General, a post which had been vacant for almost two years. During her tenure, mechanisms were put in place to strengthen ICSID's finances and enhance its internal financial controls.

A new website was launched to improve ICSID's internet presence and to provide for faster and more user-friendly access to information about ICSID and its activities. A major undertaking during Ms. Palacio's tenure was the launch of a technology upgrade project intended to create an integrated electronic system for case management. Also during Ms. Palacio's tenure, the Centre's caseload continued to increase significantly, reaching a total of 264 pending and concluded cases. Concerted efforts were made by the ICSID Secretariat to expand and diversify the pool of arbitrators, particularly with respect to gender and nationality, and with emphasis being given to those coming from developing countries.

In announcing Ms. Palacio's departure, World Bank President Robert B. Zoellick noted that Nassib G. Ziadé, Deputy Secretary-General of ICSID, would serve as Acting Secretary-General of ICSID effective April 16, 2008.

Christiaan Kroner appointed as secretary-general of the Permanent Court of Arbitration

http://www.nisnews.nl/public/240408_4.htm

The member states of the Permanent Court of Arbitration have appointed Christiaan Kroner secretary-general. He is currently the Netherlands ambassador to the US.

Foreign Minister Verhagen termed the Dutchman's appointment "a recognition of the services of our country in the area of international law." More than 100 countries are affiliated to the court, based in The Hague, which arbitrates in disputes in areas such as territory, environment and trade.

Verhagen said in an address to the management council of the court that the Netherlands will make a total of 800,000 euros available from the budget for development cooperation in the next four years to support the court in preventing conflicts.

Fadi Asli to Lead International Chamber of Commerce in Georgia

May 2, http://capital.trendaz.com/index.shtml?show=news&newsid=1190407&lang=EN

The International Chamber of Commerce in Georgia will be headed by Fadi Asli, the U.S. citizen of arab origin, in line with the decision adopted by members of the Chamber during its official presentation in Georgia on 1 May.

Asli has taken up the post of the head of the Board of Directors of the Chamber of Commerce. The official dinner took place in Tbilisi in Merriot hotel and the members of Georgian government headed by the Premier Lado Gurgenidze took part in the dinner.

...

Thomas R. Stiebel Appointed to Chinese Arbitration Panel

April 29, http://www.forbes.com/businesswire/feeds/businesswire/2008/04/29/businesswire20080429005024r1.html

McCracken & Frank LLP partner Thomas R. Stiebel was appointed to the Panel of Arbitrators of the China International Economic and Trade Arbitration Commission (CIETAC). Also known as the Arbitration Court of the China Chamber of International Commerce (CCOIC), CIETAC traces its roots to the Foreign Trade Arbitration Commission, originating in April 1956. The Panel of Arbitrators is made up of 960 arbitrators from 38 countries and regions including 280 foreign arbitrators. Mr. Stiebel's appointment begins May 1, 2008 and will last for a period of three years.

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BOOKS

International Arbitration Court Decisions, 2nd ed

Edited by: Sigvard Jarvin, Annette Magnusson
ISBN13: 9781933833088
ISBN: 1933833084
Published: January 2008
Publisher: Juris Publishing
Country of Publication: USA
Binding: Hardback
Price: £138.00

The International Arbitration Court Decisions - 2nd Edition 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.