issue #18, week 25. 20 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.

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

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:

YOUNG-OGEMID

Following considerable expression of interest, TDM/OGEMID have now set-up a new electronic forum, primarily intended for associates in law firms dealing with international dispute resolution. It responds to the sentiment conveyed to us that there is a need and interest of (primarily) law firm associates to talk with each other with relative impunity.

We would encourage you to pass on the announcement to younger colleagues who may be interested. The name is not perfect - we have discussed all sorts of alternative names but Young-OGEMID (reminiscent of the many young-arbitrators-associations) was in the end found the most suitable. If we find a markedly different one, we may change it later.

A short introduction can the form to register can be found here https://www.transnational-dispute-management.com/young-OGEMID/

NEWS

US, China agree to work on bilateral investments

June 19, http://www.channelnewsasia.com/stories/americas/view/355140/1/.html

The United States and China have agreed to work towards a treaty on bilateral investments. The announcement was made at the end of two days of discussions as part of the Strategic Economic Dialogue.

It was the first time that Vice Premier Wang Qishan has taken over the Chinese leadership of the Strategic Economic Dialogue. It was also a chance for him to meet up with an old friend, US Treasury Secretary Henry Paulson who he knew as Chief Executive of the investment bank Goldman Sachs.

Paulson said: "We seek energy security which is so vital to our economic security, while taking the necessary steps and making the necessary technological advances to preserve the health of our planet."

The US and China have agreed to work together over ten years at the government, industry and research levels to develop alternative energy sources and cut down on pollution.

...

George Kahale, Curtis Mallet's Oil Baron

June 19, http://www.law.com/jsp/article.jsp?id=1202422364888

George Kahale has developed an increasingly lucrative specialty representing resource-rich governments

...

"It wasn't clear what had happened exactly," Kahale recalls. For more than a year PDVSA had been in tense negotiations with Exxon. Venezuela wanted the American company to renegotiate its contract to develop a Venezuelan oil field. Kahale says he wouldn't have been surprised if Exxon had filed a notice of intent to arbitrate the dispute. But "this was different," he says. Indeed, a British court freezing billions of assets without notice was highly unusual.

...

Accused spammer must pay MySpace $6 million

June 16, http://news.cnet.com/8301-10784_3-9969899-7.html

MySpace continues to wage a legal war on alleged spammers. An arbitrator has ordered Media Breakaway and Chief Executive Scott Richter to pay the social-networking giant $4.8 million in damages and $1.2 million in legal fees, according to legal filings. The company's employees were also ordered to stay off MySpace.

News Corp.'s MySpace accused Media Breakaway and Richter, who has been accused of spamming consumers in the past, of launching phishing attacks and sending unsolicited messages to MySpace users. Representatives from Media Breakaway were not immediately available for comment.

...

CE WOOD to ask CZK 2.5bn from state in arbitration

June 13, http://www.praguemonitor.com/en/356/czech_business/24088/

The largest Czech logging company CE WOOD will demand around Kc2.5bn from the state in an international arbitration over alleged discrimination and corruption in placing public orders by the state-owned forest company Lesy CR, daily Hospodarske noviny (HN) said Thursday.

CE WOOD claims that some logging companies are put at an advantage by Lesy CR.

CE WOOD also filed a complaint against the Czech Republic with the European Commission over an inappropriate method of the placing of public orders, says another daily Mlada fronta Dnes (MfD).

...

Russian TNK-BP co-owners reject BP buyout offer

June 17, http://uk.reuters.com/article/oilRpt/idUKL1737868120080617

The Russian co-owners of oil firm TNK-BP, half-owned by BP Plc said on Tuesday they had rejected an offer from the British major to buy out their stakes and accused BP of trying to seize control of the venture.

Stan Polovets, chief executive of the Alfa-Access-Renova (AAR) consortium representing the Russian billionaire co-owners, said talks with BP over the future of the troubled venture were stalled and promised to file a suit in Russia against BP and TNK-BP's managers loyal to BP as early as this week.

...

TNK-BP oil plot thickens

June 16, http://www.neurope.eu/articles/87641.php

The struggle over TNK-BP is a dispute over control - and perhaps ultimately ownership - of the company, BP Chairman Peter Sutherland stated. As the dispute between BP and its Russian joint venture partners escalated further, Sutherland for the first time openly criticised the Russian government for its failure to intervene

...

BP accused of 'Goebbels propaganda' in Russian TNK-BP row

June 16, http://business.timesonline.co.uk/tol/business/industry_sectors/natural_resources/article4148674.ece

The war of words between BP and its Russian partners reached a crescendo today as Mikhail Fridman accused the UK oil giant's chairman, Peter Sutherland, of using Nazi tactics and "Goebbels propaganda".

Mr Fridman's extraordinary outburst represents a sharp escalation in the campaign mounted by the Alfa Access Renova (AAR) consortium to gain the upper hand in negotiations over the future ownership of the TNK-BP joint venture.

...

Sutherland Says TNK-BP Dispute Is `Corporate Raiding'

June 12, http://www.bloomberg.com/apps/news?pid=20601102&sid=apRKH7rH_3YI&refer=uk

BP Plc Chairman Peter Sutherland said the dispute with the billionaire shareholders in its Russian venture TNK-BP is a battle for control and a throwback to "corporate raiding" that took place last decade.

"It's just a return to the corporate raiding activities that were prevalent in Russia in the 1990s," Sutherland said today at an International Chamber of Commerce conference in Stockholm. "This is bad for us and for the company and, of course, very bad for Russia," he said, adding that it's an "early test" for President Dmitry Medvedev.

...

Egorov chair makes plea for Russian court reform

June 16, http://www.thelawyer.com/cgi-bin/item.cgi?id=133341&d=415&h=417&f=416

Russian law firm Egorov Puginsky Afanasiev & Partners (EPAP) has called for Russia to reform its court system in a bid to entice oligarchs and businesses back to the country.

EPAP chairman Dimitry Afanasiev spoke out at the recent St Petersburg International Economic Forum, which was attended by Russia's president Dmitry Medvedev, and appealed for anti-corruption and legal reform to be implemented.

...

Arbitration panel in India rules favourably on Aecon extension of time claim

June 13, http://www.macroworldinvestor.com/m/m.w?lp=GetStory&id=310430171

Aecon Group Inc. announced that the arbitration panel considering the first of two major claims launched by Aecon and its partner in respect of the Nathpa Jhakri hydroelectric project in India has ruled substantially in Aecon's favour.

The panel awarded Aecon and its partner in the Continental Foundation Joint Venture (CFJV) full extension of time as well as related indirect costs and interest resulting from project delays that the panel agreed were beyond CFJV's control and contractual responsibility. In its ruling, the panel also dismissed a counter-claim for liquidated damages filed against CFJV. Satluj Jal Vidyut Nigam Limited, the government agency responsible for the project and Aecon's client, has until October 12, 2008 to file a court appeal.

The value of the award to CFJV, less amounts previously paid, is approximately 512 million Indian Rupees (approx $12.0 million). Face value of the claim was 1.39 billion Indian Rupees (approx $32.5 million). Aecon is a 45% partner in CFJV.

A further claim of 2.26 billion Indian Rupees (approx $52.9 million) remains with the arbitration panel and is also expected to be resolved this year.

...

Sudan leaders for Abyei arbitration

June 9, http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=223289&version=1&template_id=37

Sudan's president and south Sudan's leader said yesterday they would turn to international arbitrators to solve a bitter dispute over an oil-rich region that many fear could escalate into civil war.

President Omar Hassan al-Bashir and Salva Kiir met to agree a package of measures to defuse the most recent clashes over the central Abyei territory that last month left at least 20 soldiers dead and drove tens of thousands from their homes. But officials from Khartoum and the semi-autonomous south said they had still not resolved their long-standing disagreement over the final borders of region.

The leaders said they would give themselves a month to agree on the best global body to help them reach an agreement over the boundaries and other fundamental issues, the officials said.

...

Hogg Robinson and Kuoni have settled their dispute referred to arbitration

June 3, http://www.kuoni-group.com/Media+Relations/Media+Releases/Media+Releases+2008/Articles/Hogg+Robinson+and+Kuoni+have+settled+their+dispute+referred+to+arbitration.htm

Further to a Partial Award by an Arbitral Tribunal in Geneva on February 21, 2008, Hogg Robinson and Kuoni have reached an agreement on all outstanding points of their dispute. They have also agreed not to divulge the details of their settlement.

... See also http://www.abnnewswire.net/press/en/48549/Hogg.html

ASIL Insights: The 2008 Ruggie Report: A Framework for Business and Human Rights

http://www.asil.org/insights/2008/06/insights080618.html

The United Nations Special Representative of the Secretary General on human rights and transnational corporations and other business enterprises,[1] John Ruggie, submitted his final Report to the Human Rights Council on June 3, 2008.[2] The Report and its attendant documents[3] are a significant contribution to closing the gaps that exist "between the scope and impact of economic forces and actors, and the capacity of societies to manage their adverse consequences."[4] This Insight analyzes the Report and its potential implications for international law on human rights.

...

Cross-border arbitration shown to have teeth

June 19, http://www.lawgazette.co.uk/news/general/view=newsarticle.law?GAZETTENEWSID=408980

SURVEY: awards honoured in vast majority of cases. Fears that commercial arbitration would be unenforceable across national boundaries have proved groundless, according to a survey by academic experts. Only 19% of corporations who took part in the study had encountered difficulties when seeking to enforce foreign arbitral awards, the study by the school of international arbitration at Queen Mary, University of London, found.

...

PODCASTS

Dealing with Hard Negotiators - An Interview with John Wade

This week Mike is joined by Australian John Wade, an educator and practitioner, who tells us about "truly terrifying" negotiation adversaries and when you need to walk away, permanently.

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

EVENTS

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

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

The Panamanian Phenomenon and the Perspectives of the International Investment Arbitration in Latin America, November 13 - 14

The Association des Juristes Franco-Latino américains Andres Bello in collaboration with the University of Panama, the Institute of Negotiation, Conciliation, Mediation and Arbitration, and with the sponsorship of the Ministry of Commerce and Industry of Panama and the University of Paris II (Assas), are organizing to the International Congress:

THE PANAMANIAN PHENOMENON AND THE PERSPECTIVES OF THE INTERNATIONAL INVESTMENT ARBITRATION IN LATIN AMERICA

The Congress will be held in Panama (Panama City) on November the 13th and 14th.

There will be speakers from countries of ALBA (Bolivia, Cuba, Venezuela), NAFTA (Mexico, US, Canada), MERCOSUR (Argentina, Brazil), Central America, Ecuador and EU.

Programme to be announced shortly.

MOVES / JOBS

Seven members of the International Tribunal for the Law of the Sea elected in New York [DOC]

http://www.itlos.org/news/press_release/2008/press_release_123_en.doc

The eighteenth Meeting of States Parties to the United Nations Convention on the Law of the Sea, in session at the United Nations Headquarters in New York, elected seven members of the International Tribunal for the Law of the Sea on Friday, 13 June 2008 for a term of nine years commencing on 1 October 2008.

Among those seven members, Judge Wolfrum (Germany), Judge Akl (Lebanon), Judge Marotta Rangel (Brazil), Judge Chandrasekhara Rao (India) and Judge Jesus (Cape Verde) were re-elected and Mr Bouguetaia (Algeria) and Mr Golitsyn (Russian Federation) were newly elected by the States Parties. The biographies of the judges who were re-elected are available on the website of the Tribunal and those of Mr Bouguetaia and Mr Golitsyn may be found in document SPLOS/173 which is available on the website of the Division for Ocean Affairs and the Law of the Sea of the United Nations at www.un.org/Depts/los.

Elections for the judges of the Tribunal are held every three years at the Meeting of States Parties. The judges are elected by the States Parties to the Convention by secret ballot for a term of nine years and may be re-elected. In accordance with article 2 of the Tribunal's Statute, each State Party may nominate up to two candidates from among persons enjoying the highest reputation for fairness and integrity and of recognised competence in the field of the law of the sea.

The Statute also requires that equitable geographical distribution be assured among the Members and that the principal legal systems of the world be represented. It further stipulates that there should be at least three Judges from each geographical group as established by the General Assembly of the United Nations and that no two judges may be of the same nationality. The persons elected shall be those nominees who obtain the largest number of votes and a two-thirds majority of the States Parties present and voting, provided that such majority includes a majority of the States Parties.

John Beechey elected Chairman of the ICC International Court of Arbitration

http://www.iccwbo.org/court/arbitration/id21566/index.html

John Beechey is a UK national and a Partner at the law firm of Clifford Chance, where he is the Head of International Arbitration Practice. He has extensive international arbitration and dispute resolution experience, having served on numerous occasions in ICC cases as counsel and arbitrator. He is highly respected in the international legal and business community for both his legal and business skills.

Mr Beechey has also served as a Member of the Council of the ICC World Business Institute for 10 years and as a Member of the ICC UK's Arbitration Group for some 15 years. He will assume the functions of Chairman of the ICC Court from 1 January 2009 to 30 June 2012.

...

BLG expands International Arbitration and Trade Law Team

June 17, http://www.newswire.ca/en/releases/archive/June2008/17/c4722.html

J. Cameron Mowatt, Gregory A. Tereposky J. Christopher Thomas, QC, Derek de Vlieger and Alejandro Barragan have joined Borden Ladner Gervais LLP. "With marketplaces becoming increasingly globalized, this move adds even greater strength to BLG's nationally and internationally recognized arbitration and trade law practice," said Sean Weir, National Managing Partner.

...

Michael E. Schneider was appointed member of the DIAC Executive Committee

http://www.lalive.ch/f/news/index.php?lang=en

The Board of Trustees of the Dubai International Arbitration Centre (DIAC) at its session of 14 April 2008 elected Michael E. Schneider as member of the DIAC Executive Committee. The functions of the Executive Committee are primarily the supervision of the implementation of the Centre's Rules, including the appointment and challenge of arbitrators and the determination of their fees. The other four members being of Egyptian, Tunisian, Dubai and Iraqi origin, Michael E. Schneider is the only non-Arab practitioner on the Executive Committee.