issue #16, week 23. 03 June 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

Pakistan-India water talks fail; next meeting in July

June 3, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Politics/03-Jun-2008/PakIndia-water-talks-fail-next-meeting-in-July

The talks between Pakistan and India on the issue of Kishanganga Dam concluded here on Monday without reaching any decision on the third-day of the talks as both sides have decided to discuss the issue during the next meeting of the Indus Commission to be held in the third week of July this year.

...

'It is too early to say that Pakistan will move to the International Court of Arbitration after failure of the dialogue. We hope that the issue will be resolved at the level of Indus Commission', he replied when asked whether Pakistan will move to the International Court of Arbitration or any impartial expert will be appointed on the issue of Kishanganga project.

Canada: Centerra goes to arbitration with Kyrgyz government

June 2, http://www.theglobeandmail.com/servlet/story/RTGAM.20080602.wcenterra0602/BNStory/energy/home

Agreements between Centerra Gold Inc. and the Kyrgyz government on the Kumtor gold mine have expired without ratification, extending delays at the project.

Gold production at the mine will continue, but exploration on the project's Southwest and Sarytor licences has been halted by the country's State Agency on Geology and Mineral Resources Management, the company said Monday. Centerra said it will now resume an international arbitration process to resolve disputes over Kumtor.

Centerra and parent company Cameco Corp. said earlier this month they had expected a framework agreement to be ratified late last week.

...

Karachi Centre for Dispute Resolution (KCDR) joined APRAG

June 2, http://www.aprag.org/

APRAG is pleased to announce that the Karachi Centre for Dispute Resolution (KCDR) joined APRAG with effect from 2 June 2008. To learn more about KCDR, please visit www.kcdr.org.

...

India: Law ministry keen on MoU with arbitration court in Hague

June 1, http://in.news.yahoo.com/pti/20080601/r_t_pti_nl_general/tnl-law-ministry-keen-on-mou-with-arbitr-114a2da.html

International disputes involving governments in south Asia or private parties could be settled in the Capital as the Law Ministry is preparing to sign an MoU with the Permanent Court of Arbitration (PCA) in The Hague to open its regional branch here. The ministry, according to sources, has prepared a cabinet note over the issue of signing a Memorandum of Understanding (MoU) with the PCA.

...

Arbitration institution needed in Tajikistan, expert says

May 29, http://www.tradingmarkets.com/.site/news/Stock%20News/1636003/

A two-day training on creation of arbitration, hosted by Tajikistan's Chamber of Commerce and Industry (CCI), concluded today. The training participants included some 30 lawyers, researchers and lecturers with law departments ay a number of higher educational institutions.

Speaking at the training, Ms. Nina Vilkova, Professor with Russia's Academy of External Trade, noted that Tajikistan's law on arbitrations took effect on April 1, 2008 and arbitration has been set up at the CCI and election of arbitrators is going on.

...

Astrium Seeks 24.5 Million Euros from ConaxVirtual Telescope ...

May 27, http://www.stockhouse.com/News/FinancialNewsDetailFeeds.aspx?n=10852340

Satellite prime contractor Astrium of Europe is asking an international arbitration panel for 24.5 million euros ($37.8 million) in damages from Conax of Florida, a builder of satellite propulsion components, in a legal battle that began following a propulsion failure on board a commercial telecommunications satellite, according to industry officials and court documents.

In a dispute that Conax Florida Corp. of St. Petersburg wanted to resolve in a U.S. District Court, Astrium is arguing that an on-site inspection of Conax following the satellite problem found cracks in numerous Conax-built pyrovalves.

...

Article: Hall Street Assocs. v. Mattel, Inc.: Supreme Court Denies Enforcement of Agreement to Expand the Grounds for Vacatur Under the Federal Arbitration Act

Charles H. Brower, II, http://www.asil.org/insights/2008/05/insights080527.html

On March 25, 2008, the United States Supreme Court announced its judgment in Hall Street Assocs. v. Mattel, Inc., a case involving the exclusivity of the grounds for vacating arbitral awards under the Federal Arbitration Act (FAA). As explained below, the decision holds that the disputing parties may not agree to expand the grounds for vacatur beyond those listed in 9 U.S.C. § 10. However, in rendering its judgment, the Supreme Court left open a number of questions, including the capacity of judges to formulate non-statutory grounds for vacatur, the application of the Court's reasoning to judicial review governed by other sources of law, and the application of the Court's holding to international commercial arbitrations. More broadly, the decision may signal a departure from one trend and the consolidation of another. For example, if applied to international commercial arbitrations, the decision would be hard to reconcile with recent judicial practice that favors party autonomy over doctrine and statutes designed to restrict the exercise of party autonomy. By contrast, the decision reinforces the Supreme Court's tendency to avoid broad pronouncements on commercial matters that would require legislative fine-tuning.

...

Investment treaty between Switzerland and Turkmenistan

http://www.news.admin.ch/message/index.html?lang=fr&msg-id=18963
http://www.news.admin.ch/message/index.html?lang=de&msg-id=18963

Le ministre de l'économie et du développement du Turkménistan, Gurbanmyrat Gurbanmyradow, et l'Ambassadeur Christian Meuwly, ont signé le 15 mai 2008 à Achkhabad un accord de promotion et de protection réciproque des investissements entre la Suisse et le Turkménistan.

...

"Lagos Set To Be Next International Arbitration Centre"

May 26, http://www.thisdayonline.com/nview.php?id=112495

The practice of arbitration in Nigeria has continued to grow in leaps and bounds, especially in the last few years. But the near absence of internationally recognised arbitration centres in the country has been a major challenge to practitioners. The Lagos State Government has however taken the initiative of reviewing its arbitration laws in its determination to make Lagos a major international arbitration centre. The report was recently submitted to Governor Babatunde Fashola, SAN and approved by the State Executive Council. The State Executive Council in turn recently forwarded to the State House of Assembly, two draft bills: Lagos State Arbitration Law and Lagos Court of Arbitration Law. JUDE IGBANOI had a chat with Mr. Yemi Candide-Johnson SAN, Chairman of the Committee that reviewed the laws and he spoke about the challenges of his committee and the future of arbitration practice in Nigeria

...

Don't jump in to new arbitration system yet

May 24, http://www.arabianbusiness.com/519897-dont-jump-in-to-new-arbitration-system-yet

Philip Punwar, barrister and chartered arbitrator for Al Tamimi & Company, says the DIFC/LCIA rules will be welcome in the construction industry but, to date, are neither widely available nor enforced.

...

Exxon still pursuing arbitration with Venezuela

May 22, http://english.eluniversal.com/2008/05/22/en_eco_art_exxon-still-pursuing_22A1600159.shtml

Exxon Mobil Corp. is still pursuing arbitration with Venezuela over the OPEC nation's 2007 nationalization of the Cerro Negro heavy oil project, a company executive told U.S. lawmakers on Thursday, reported Reuters.

"We're currently in arbitration regarding the value of those assets," Stephen Simon, Exxon's senior vice president, told lawmakers at a hearing in the House Judiciary Committee.

"We are hoping for an amicable solution to that and a constructive discussion," he added.

...

Minefinders Subsidiary Commences Binding Arbitration Seeking US$10 Million in Damages From Ausenco

May 23, http://www.canadianbusiness.com/markets/ccn/article.jsp?content=20080523_133506_5_ccn_ccn

Minefinders Corporation Ltd. (the "Company") (TSX:MFL)(AMEX:MFN), a precious metals mining and exploration company, announced today that a subsidiary company has commenced a binding arbitration process seeking approximately US$10 million in damages from Ausenco International PTY of Brisbane, Australia and a related company, Ausenco Americas LLC.

The binding arbitration was launched on May 22, 2008 by Minefinders' subsidiary, Compania Minera Dolores S.A. de CV. ("CMD"), before the International Centre for Dispute Resolution of the American Arbitration Association. In addition to the damages, CMD seeks to recover the costs of the arbitration and its legal fees.

...

Inmet Mining Comments on Petaquilla Copper Arbitration Notice to Teck Cominco

May 22, http://www.mworld.com/m/m.w?lp=GetStory&id=307647791

Inmet Mining Corporation (IMN-TSX) announced that it is extremely disappointed by Petaquilla Copper Ltd.'s (PTC) decision yesterday to dispute Teck Cominco Limited's (TCL) ownership of 26 percent of the Petaquilla Copper Project by delivering a notice to request to arbitrate (Notice) to TCL. The Notice does not dispute Inmet's 48 percent interest in the Petaquilla project (see also Inmet Mining Corporation).

Inmet believes that PTC's decision to deliver the Notice is inconsistent with PTC's recent past actions concerning the Petaquilla project and shareholder arrangements.

...

Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia / Singapore)

May 23, www.icj-cij.org

The Court finds that Singapore has sovereignty over Pedra Branca/Pulau Batu Puteh; that Malaysia has sovereignty over Middle Rocks; and that sovereignty over South Ledge belongs to the State in the territorial waters of which it is located

THE HAGUE, 23 May 2008. The International Court of Justice (ICJ), principal judicial organ of the United Nations, today rendered its Judgment in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore).

In its Judgment, which is final, binding and without appeal, the Court

...

See the full press release at www.icj-cij.org

A summary of the Judgment appears in the document "Summary No. 2008/1", to which summaries of the declarations and opinions are annexed. In addition, this press release, the summary and the full text of the Judgment can be found on the Court's website (www.icj-cij.org) under "Press Room" and "Cases".

PODCASTS

The ICC's New Leadership? An Interview with Jason Fry

This week, Mike discusses current arbitration practice trends with Jason Fry, who took over last October as Secretary General of the International Chamber of Commerce's International Court of Arbitration in Paris. Jason provides insights into the nature of ICC cases and administration, and an overview of operations at one of the leading international ADR providers.

Mediating from Singapore: An Interview with Christopher Lau

Mike examines ADR in the booming Singapore economy with Christopher Lau, a senior counsel at Three Verulam Buildings, which is a London-based barristers' chambers. Christopher is in the firm's Singapore office, and is a Fellow of the Singapore Institute of Arbitrators, the United Kingdom's Chartered Institute of Arbitrators, and the Australian Centre for International Commercial Arbitration.

EVENTS

ICC premieres arbitration training in Portuguese, 16 - 19 june

May 29, http://www.iccwbo.org/icccbaag/index.html

The training will be an ideal opportunity for participants to strengthen their knowledge of ICC arbitration.

ICC's Institute of World Business Law will offer its first advanced level training in international commercial arbitration in Spanish and in Portuguese from 16 to 19 June at ICC's Paris headquarters.

"In response to popular demand, the Institute of World Business Law has created this advanced level training," said Laetitia de Montalivet, Director, ICC Institute of World Business Law.

"With the increased use of arbitration worldwide, and especially in Latin America, the Institute decided to hold this advanced level training in Spanish and Portuguese with simultaneous interpretation," she added.

This is the first time ICC will offer arbitration training in Portuguese.

The training will include:

The training will be an ideal opportunity for international commercial arbitration lawyers, in-house counsel, arbitrators and academics to strengthen their knowledge of ICC arbitration.

Investment Arbitration Forum June 19 - 20

Objective: Mexico has been a pioneer in the area of the public international investment protection law. Since the entry into force of the North American Free Trade Agreement, the investment protection law has developed at an enormous pace. Such development has mainly occurred on a bilateral level. The present seminar aims to launch the Investment Arbitration Forum ("IAF"). The IAF's primary mission is to discuss and examine contemporaneous tendencies and phenomena in investment arbitration in a wider context, taking into consideration the experience, inter alia, of GATT and WTO, and public international law. The first seminar analyses, amongst others, the state of arbitral awards in public international law, the legal situation of states with a collapsing economy, tendencies in North America and in South America, and the convenience of Mexico to adhere to the Washington Convention (ICSID). The Investment Arbitration Forum is an initiative of the Dispute Resolution Services division of Wöss & Partners, S.C.

Place: Instituto de Investigaciones Jurídicas (Legal Research Institute; "IIJ"), Universidad Nacional Autónoma de México (National Autonomous University of Mexico; "UNAM"), Ciudad Universitaria, Circuito Maestro Mario de la Cueva S/N, E-mail:

Date: June 19 and 20 June 2008, registration: 8:30 a.m. to 1 p.m.

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.

Short overview of upcoming events

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

MOVES / JOBS

Freshfields Bruckhaus Deringer new counsel appointments

http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=1482

International law firm Freshfields Bruckhaus Deringer is delighted to announce the election of nine new counsels worldwide. The appointments take place with immediate effect.

The new Dispute Resolution counsels are: Dimitri Lecat (Paris); Elaine Whiteford (London); Sylvia Noury (London) and Jane Massey (London).