issue #20, week 29. 15 July 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:

TDM: Published articles

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

NEWS

ArcelorMittal ends $1.75bn claim

July 11, http://business.iafrica.com/worldnews/1023201.htm

ArcelorMittal has agreed to end a 26-billion koruna ($1.75-billion) arbitration claim against the Czech Republic, the two sides said Thursday.

The two parties signed overnight a memorandum of understanding shelving the company's claims for damages. Arcelor-Mittal had charged that it was wrongly excluded from making a bid for Czech steelmaker Vitkovice Steel during its privatisation in 2005.

The memorandum includes an undertaking from the Czech government to consider the sale of an 11 percent state-owned stake in Czech steelmaker ArcelorMittal Ostrava valued at 6.8-billion koruna. That figure exceeds an expert evaluation of the stake's worth, the ministry said.

...

Belize Bank seeks arbitration at LCIA

July 9, http://www.channel5belize.com/archive_detail_story.php?story_id=21215

In other legal matters, the Belize Bank today filed a request for arbitration before the London Court of International Arbitration, LCIA, and served it on the Government of Belize. This latest request has been brought by the Belize Bank following a ruling by the Chief Justice on July fourth that the Government of Belize would have to settle any outstanding dispute relating to the recovery of ten million U.S. dollars from Venezuela at the LCIA.

...

Stockholm arbitrator rejects Danone proposal for restrictions against Wahaha

http://www.quamnet.com/newscontent.action?articleId=891795

A panel from the Arbitration Institute of the Stockholm Chamber of Commerce has rejected Groupe Danone SA's request for interim measures to restrict expansion by its estranged Chinese partner Wahaha Group, Wahaha said.

The panel turned down a proposal to prevent Wahaha from setting up new companies outside of their joint ventures and from increasing the production capacity of other units making products under the Wahaha brand, Wahaha said in a statement

Danone alleges that Wahaha set up independent companies selling products identical to those sold by the joint ventures.

In May 2007 the French food conglomerate filed for arbitration in Stockholm against Wahaha and its founder Zong Qinghou. It requested the interim measures in October.

...

See also http://uk.reuters.com/article/rbssConsumerGoodsAndRetailNews/idUKPEK516020080714

Global Standards 'Impossibly Cumbersome'

http://www.themediatormagazine.co.uk/news/6-news-analysis/19-global-standards-impossibly-cumbersome

Amid fierce opposition from some leading mediators, The Netherlands-based International Mediation Institute (IMI) announced the composition of its standards commission in January.

...

OP-ED: The Iraqi Oil Contracts and the Importance of Independent Counsel

http://jurist.law.pitt.edu/forumy/2008/07/iraqi-oil-contracts-and-importance-of.php

JURIST Contributing Editor Haider Ala Hamoudi of the University of Pittsburgh School of Law says the Iraqi government needs to secure independent counsel over and above whatever guidance it has received from US government advisers before entering into key oil contracts with major US oil companies...

...

Scotland: CAC Annual Report 07/08

http://nds.coi.gov.uk/Content/Detail.asp?ReleaseID=373462&NewsAreaID=2

The Central Arbitration Committee has published its Annual Report for 2007 to 2008, which highlights the same caseload activity and performance as the last financial year, but with further reductions in running costs.

This on going stability takes into account the introduction of Information and Consultation Regulations, which has provided further work for the CAC. Other jurisdictions with European antecedents did not contribute to CAC workload, and there were no applications under those parts of the recognition legislation dealing with the derecognition of trade unions.

Sir Michael Burton, the Central Arbitration Committee Chairman, reviewed the year by saying:

"In this, our first year within the ambit of the new BERR, I believe we can continue to feel that the CAC is a trusted component of the employment relations scene."

The statistics relating to the CAC's various jurisdictions are all featured in the annual report, with statutory recognition continuing to provide the bulk of the workload. The report also details a six per cent fall in management costs, achieved through a reduction of temporary staffing in the secretariat.

...

Ethiopia Calls on California Arbitrator to Fix Court System

http://arbitration-forum.blogspot.com/2008/07/ethiopia-calls-on-california-arbitrator.html

A National Arbitration Forum Neutral, Daniel Yamshon, Esq. is also an activist for alternative dispute resolution (ADR) around the world. From July 9 through August 3, 2008, Yamshon will be in Ethiopia teaching the lawyers, judges and community leaders how to manage conflicts with ADR. He will mentor mediators and arbitrators he trained previously and help them train new neutrals.

...

Indian Supreme Court sends Tata-Birla row over Idea for arbitration

July 9, http://www.thehindubusinessline.com/2008/07/10/stories/2008071052350400.htm

The two year-old dispute between the Tata Industries and the A.V. Birla Group over Idea Cellular took a fresh turn on Wednesday with the Supreme Court deciding to set up an arbitrator to resolve the issue.

The apex court's decision is in favour of the Tatas' plea seeking arbitration on the dispute, wherein it had alleged that the Birla Group had violated the shareholders' agreement.

If the arbitration is settled in Tata Group's favour, it will have the right to buy out Birla's stake in Idea Cellular.

...

U.S. Energy Company Vanco Denies Alleged Appeal to Arbitration Court

July 10, http://www.istockanalyst.com/article/viewiStockNews+articleid_2387597~title_US-Energy-Company.html

Vanco Prykerchenska did not lodge an appeal with the Arbitration Institute of the Stockholm Chamber of Commerce because it received an official letter from First Deputy Justice Minister Yevhen Korneichuk on July 5, 2008, a company representative said. In his words, the official asked for 60 days for consultations.

Vanco Prykerchenska informed the Ukrainian government of its readiness to extend the period of consultations if the government confirmed Korneichuk's negotiating powers in writing before July 11, 2008.

Next week the company will make an official statement on the status of consultations with the Ukrainian government or announce the beginning of the arbitration process in line with the production sharing agreement, the company representative said.

...

U.S. energy company Vanco appeals to international arbitration courtover license withdrawal in Ukraine

July 9, http://www.interfax.com/3/409765/news.aspx

U.S. energy company Vanco Prykerchenska Ltd (registered in the British Virgin Islands), whose license for exploration of the Kerch oil and gas field was withdrawn by the Ukrainian Environmental Protection Ministry, has appealed to the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).

"Today I learned that Vanco Prykerchenska Ltd., the scandalous winner in a tender for a production sharing agreement (PSA), has appealed to the Arbitration Institute of the Stockholm Chamber of Commerce," First Deputy Justice Minister Yevgeniy Korniychuk told an Internet conference on Wednesday.

Ukrainian Prime Minister Yulia Tymoshenko said on Wednesday that she was sure that the government would win the case brought by the Vanco Group in international arbitration.

...

ICC Young Arbitrators' Forum (YAF) launched in Barcelona

July, 2008, http://www.iccwbo.org/yaf/iccccfge/index.html

To mark the launch of its Young Arbitrators Forum (YAF), ICC hosted a weekend-conference especially designed for lawyers and in-house counsel under the age of 40. In collaboration with the YAF US chapter, the training took place in Barcelona on 27-29 June and offered a rare opportunity for younger lawyers and in-house counsel working in the field of international arbitration to spend a weekend training with renowned arbitrators, members of the ICC International Court of Arbitration and its Secretariat. Everyone agreed that this first ICC YAF week-end-conference was a complete success, with a good balance between academic hours and social activities in a friendly and informal atmosphere.

ICC YAF's main objectives are to create a global group of young arbitration practitioners and assure interesting academic and social networking events. It is composed of the ICC YAF Global Coordinating Committee, based at ICC's International Secretariat in Paris, and five ICC YAF Regional Chapters. Each Regional Chapter is in turn composed of the relevant ICC Regional Director and that region's Regional Coordinating Committee, consisting of three volunteers, for which applications are open until 12 September 2008. Interested applicants should see the information at http://www.iccyaf.org

Trans-Global Petroleum, Inc. v. Hashemite Kingdom of Jordan (ICSID Case No ARB/07/25)

July 8, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=viewCase&reqFrom=Home&caseId=C254

Decision on the Respondent's Objection under Rule 41(5) of the ICSID Arbitration Rules (May 12, 2008)

Mining template not ideal for Mongolia, investors

July 6, http://www.reuters.com/article/latestCrisis/idUSPEK326641

Mongolia's political parties are locked in post-election squabbling, but once the dust settles a new government could finally pass deals to tap the coal, copper and uranium that sit beneath its vast deserts and grasslands.

But analysts say the deal that goes ahead would be less than ideal for either Mongolia or foreign investors, with the country better served by taxing its mineral wealth, rather than seeking direct government ownership in massive mines.

...

Claim against Arrow Seismic ASA from CGGVeritas

July 7, http://www.pgs.com/Pressroom/Press_Releases/46834/

Petroleum Geo-Services ASA ('PGS' or the 'Company') announced today that its subsidiary Arrow Seismic ASA ('Arrow') has received a writ of summons to Asker og Bærum Tingrett from Compagnie Générale de Géophysique - Veritas ('CGGVeritas') where CGGVeritas claims compensation from Arrow of approximately USD 70 million.

In the writ CGGVeritas claims to have a binding agreement with Arrow for a charter and ultimately the purchase of NB 534, a newbuild seismic vessel that Arrow`s subsidiary Arrow Seismic V Limited is building in Spain. CGGVeritas claims to have a binding agreement to this effect even though no agreement has been signed between CGGVeritas and Arrow or any subsidiary of Arrow.

...

Petrobras informs about litigation involving refinery in the US

July 3, http://www.agenciapetrobrasdenoticias.com.br/materia.asp?id_editoria=11&id_noticia=5160

Petrobras announces that initiated arbitrage proceedings against Transcor Astra Group on June 19, 2008 to resolve issues regarding Transcor Astra's failure to comply with its obligations regarding the operation of two Petrobras/Transcor Astra jointly owned U.S. companies in Texas, PRSI and PRSI Trading Company, which operate a refinery and trading company.

In response to Petrobras' initiatives, on July 1, 2008, Transcor Astra Group filed litigation in the U.S. against Petrobras and purported to exercise its put options related to Transcor Astra's interests in those entities and demand Petrobras purchase its 50% stake in them.

Petrobras considers Transcor Astra's claims to be without merit and plans to vigorously defend against the Transcor Astra action.

Purported Exercise of Put by Transcor Astra

Petrobras' U.S. subsidiary Petrobras America, Inc. and affiliates collectively own 50% of PRSI and of PRSI Trading Company. Transcor Astra Group owns the remaining 50%.

The Transcor Astra entities hold options under the PRSI Shareholder Agreement and the Trading Company Articles of Incorporation, exercisable under certain circumstances, to put their interests in PRSI and the Trading Company to the respective Petrobras subsidiaries that own interests in PRSI and the Trading Company, thereby requiring the purchase of such interests by the respective Petrobras subsidiaries.

Due to recent failures by Transcor Astra to abide by its obligations under the PRSI Shareholder Agreement and the Trading Company's Articles of Incorporation, on June 19, 2008, Petrobras exercised its right to approve the essential actions to give continuity to the entities as provided for in the agreements.

In furtherance to some disagreement between the shareholders as to various matters in the refinery and Trading Company governance, on July 1, 2008, Transcor Astra purported to exercise its put options to require the purchase by Petrobras of Transcor Astra's 50% of PRSI and the Trading Company.

The price payable for the option is determined according to a mechanism contractually prescribed.

Petrobras is analyzing the terms of Transcor Astra's purported put option requirement with the assistance of its lawyers and other advisors.

See also Transcor Astra Group exercises its Put Option on the Pasadena Refinery July 2, http://www.npm-cnp.be/attachments/20080702_NPM-CNP_EN.pdf

Arbitration talks on Newmont shares divestment posptponed

July 9, http://www.antara.co.id/en/arc/2008/7/9/arbitration-talks-on-newmont-shares-divestment-posptponed/

International arbitration proceedings on the divestment of gold-mining company PT Newmont Nusa Tenggara (NNT) shares which were orginally scheduled to begin in July 2008 have been postponed because Newmont`s arbiter, Steven Sublle from New York, has been taken ill, a West Nusatenggara (NTB) mineral resources official said.

"According to the latest information we have received, when the Newmont arbiter`s state of health has improved, the arbitration talks can be held next December or possibly earlier," H Jalal, head of NTB`s energy and mineral resources office, said here Tuesday.

He said the NTB provincial administration was keeping abreast of developments in the Newmont divestment case which Indonesia had referred to an international arbitration court.

As its arbiter in the case, the Indonesian government had appointed Prof M Sornarajah, a law expert from the National University of Singapore, while Newmont had assigned Steven Sublle from New York. As the judge, the two sides had agreed to appoint Robert Primer from Switzerland.

...

New members join ICC Court

July 2008, http://www.iccwbo.org/court/arbitration/id22450/index.html

The ICC International Court of Arbitration welcomes two new members to its ranks, following appointments made by ICC's World Council at its meeting in Stockholm on 13 June 2008.

Mr Alexiev Assen has been appointed member for Bulgaria and Mr Narciso A. Cobo Roura member for Cuba.

Mr Alexiev Assen is a practising lawyer with particular experience in the field of trademarks, domain names and the protection of intellectual property rights in general. He has acted as arbitrator, counsel and expert in this field. He is also Secretary General of ICC Bulgaria, which was created in 2007 and is one of ICC's newest national committees.

Mr Narciso A. Cobo Roura teaches and practises law in Cuba, where he has been a member of the judiciary for many years and sits on several high-ranking legal councils and committees. These include the Cuban Society of Economic and Finance Law, of which he is chairman, and the Cuban Society of Mercantile Law. In 2001 he was decorated by the Cuban Academy of Sciences.

These new appointments bring the total number of Court members to 127, from 90 countries and territories.

The broad range of legal, cultural, linguistic and professional traditions represented within the ICC Court makes it perfectly equipped to handle a highly diverse and truly international caseload.

G8 Document of World Economy

July 8, http://www.mofa.go.jp/u_news/2/20080708_115219.html

...

Trade and Investment

...

6. Open trade and investment policies strengthen economies. All countries should take steps to develop, maintain and promote regimes that welcome foreign investment, guarantee non-discriminatory treatment for foreign investment, and ensure freedom to transfer capital and returns from investment. Any foreign investment restrictions should be very limited, focusing primarily on national security concerns, and should adhere to the principles of transparency and predictability, proportionality, and accountability. Furthermore, we note the importance of high standards of investment protection in international agreements including fair and equitable treatment, prompt, adequate and effective compensation in the event of expropriation, and access to international arbitration to resolve disputes. We are equally committed to high liberalization standards, such as national treatment and most-favored-nation treatment, in bilateral agreements in relation to investment.

...

Renova wants "peaceful solution" in BP dispute

July 9, http://www.guardian.co.uk/business/feedarticle/7641230

Russian investment company Renova Group wants a "peaceful solution" to a dispute with BP PLC over the management and strategy of the TNK-BP joint venture in Russia, Renova Chairman Viktor Vekselberg said on Wednesday.

"We want to find a peaceful solution," Vekselberg told a group of journalists in New York.

...

BP's rivals shift in Russian tussle

July 7, http://uk.reuters.com/article/newsOne/idUKL0440665820080707

The fate of the second biggest foreign investment in Russia hangs in the balance amid signs of a shifting mood in the Kremlin which may have wrong-footed investors and one of the world's biggest oil companies.

Raided by security services, its board paralysed, key technical experts barred from working and deluged with court cases and labour inspections, TNK-BP is a struggling $38 billion (19 billion pound) oil company producing as much crude as Britain.

...

Sudanese parties refer Abyei case formally to the arbitration court

July 12, http://www.sudantribune.com/spip.php?article27830

The two signatories of 2005 peace deal formally referred their dispute over the findings of Abyei Boundary Commission to the Permanent Court of Arbitration in The Hague today.

The arbitration tribunal has to determine whether or not the Abyei Boundaries Commission (ABC) experts exceeded their mandate "to define and demarcate the area of the Nine Ngok Dinka Chiefdoms transferred from Bahr el Ghazal to Kordofan in 1905, as per the Abyei Protocol, the Appendix, ABC Terms of Reference and Rules of Procedure."

...

Sudan peace partners ink Abyei arbitration court deal

July 8, http://www.sudantribune.com/spip.php?mot37

Ali Osman Mohamed Taha, Vice-President of the Republic and Riek Machar, Vice President of the southern Sudan government today signed the Convention on the arbitration on the Abyei area. The text will be deposited within a week to the Hague International Court of Arbitration

According to the roadmap for the implementation of Abyei protocol signed on June 8, the international arbitration court is designated to settle the NCP-SPLM dispute over the finding of the Abyei Boundaries Commission.

...

South Sudan ruling party assigns Public International Law and Policy Group (PILPG) for Abyei tribunal

July 5, http://www.sudantribune.com/spip.php?article27748

The southern Sudan ruling party announced today that it had chosen a Dutch legal firm to represent its interests in The Hague arbitration tribunal which is designated to settle difference over Abyei.

In a press release issued yesterday in Juba, the Sudan people's Liberation Movement appointed the Public International Law and Policy Group (PILPG) to represent it in the International Court of Arbitration that is designated to settle the dispute over who controls the oil-rich district.

...

ICC Hearing Centre

http://www.icchearingcentre.org

The ICC Hearing Centre will open in the heart of Paris on 20 October 2008. Reservations are now being accepted. The dedicated facility is available for any kind of institutional or ad hoc arbitration hearings as well as for the conduct of amicable dispute resolution (ADR) procedures. For more information visit http://www.icchearingcentre.org

RIL again writes to RCOM, MTN; seeks talks before arbitration

July 4, http://economictimes.indiatimes.com/RIL_again_writes_to_RCOM_MTN_seeks_talks_before_arbitration/articleshow/3194199.cms

The fight between the Ambani siblings flared up, with Mukesh Ambani-led RIL on Thursday shooting off another letter to RCOM and MTN, who are negotiating a $70 billion merger deal, invoking non-compete agreement.

...

IPTL sues Tanesco over '84bn/- debt'

July 4, http://dailynews.habarileo.co.tz/sports/index.php?id=5652

The Independent Power Tanzania Limited (IPTL) has filed an application at the International Centre for Settlement of Investment Disputes (ICSID), demanding 84bn/- in unpaid capacity charges from the Tanzania Electric Supply Company (Tanesco).

In the application lodged last month in New York, IPTL is seeking interpretation of an Award given by the ICSID on June 22, 2001 in arbitration proceedings that were initiated by Tanesco against the company operating a 100MW power plant at Tegeta in Dar es Salaam.

...

Matra Petroleum says files arbitration claim against Arkhangelovskoe sellers

July 4, http://www.matrapetroleum.com/n/Russia_Arbitration_Filing/263.aspx

Matra Petroleum plc (AIM:MTA) announces that, further to its announcement of "Russian Court Proceedings" on 26 June 2008, it registered a claim against Kompania Gaz i Neft, Victor Vasilyevich Mogdaluk, Pavel Lvovich Lukachevsky and Oleg Nikolayevich Balagurov (jointly "the Sellers") on 2 July 2008 in the London Court of International Arbitration.

The Sellers were the 90% interest holders in "OOO" Arkhangelovskoe prior to its acquisition by Matra in April 2007 pursuant to a share purchase agreement (the "Share Purchase Agreement").

The claim relates to, amongst other things, confirmation of the validity of the Share Purchase Agreement and certain breaches by the Sellers of that agreement.

For further Information, please contact:

Matra Petroleum
www.matrapetroleum.com
www.aquila-financial.com

Litigation, dispute resolution and arbitration: Global governor

July 3, http://www.legalweek.com/Navigation/32/Articles/1141003/Litigation,+dispute+resolution+and+arbitration+Global.html

Authors: David Brynmor Thomas and Chris Parker, Herbert Smith

In 1958, when the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards was concluded, international commercial arbitration as we know it today was in its relative infancy. Fifty years on, arbitration has become the pre-eminent form of international dispute resolution, at least in relation to international trade and investment.

...

Eureko focuses on arbitration after collapse of negotiations on insurer PZU

June 30, http://www.gowarsaw.eu/en/news/eureko-focuses-on-arbitration-after-collapse-of-negotiations-on

After the state treasury and the Netherlands-based concern Eureko fruitlessly wound up their negotiations on privatisation of Poland 's biggest insurer PZU, Eureko declared it hoped to complete the arbitration procedures in one- one and a half years.

Eureko Polska's CEO Michal Nastula stressed that the more advanced the arbitration, the more difficult it would be to return to compromise-seeking talks. The negotiations finished on Thursday (Jun 26), in line with the schedule set forth in the February negotiating memorandum. Currently, the sides will be represented by investment banks - Lehman Brothers acting on the behalf of the state and JP Morgan - on the behalf of Eureko, but without the mandate to negotiate by the end of September. Nastula stressed that if they found no new ways to seek compromise, the arbitration would be the only solution.

...

Talbros may have to face arbitration abroad

July 3, http://economictimes.indiatimes.com/News/News_By_Industry/Auto/Talbros_may_have_to_face_arbitration_abroad/articleshow/3189990.cms

The simmering discontent between the Talwar family of Talbros and its American partner, Federal Mogul, seems to be heading for an outright legal war. According to sources in the auto industry, relations between the two partners have turned frosty and now, Federal Mogul is dragging Talbros to the International Chamber of Commerce for Arbitration relating to the alliance agreement.

...

Inmaris-Group initiates ICSID arbitration against Ukraine

Press release, www.inmaris.de

Hamburg, 23. June 2008 - Luther Rechtsanwaltsgesellschaft represents the Inmaris group of companies in an ICSID (International Centre for the Settlement of Investment Disputes) - arbitration proceeding against the Ukraine.

The request for arbitration of the Hamburg-based companies Inmaris Perestroika Maritime Services GmbH, Inmaris Windjammer Sailing GmbH i.L., Inmaris Windjammer Chartering GmbH i.L. and Windjammer Beteiligungsgesellschaft mbh & Co. KG ("Inmaris Group") has been registered by ICSID on 16 June 2008. The request is based on the bilateral investment treaty between Germany and Ukraine.

The dispute concerns the Ukrainian state-owned Sail Training Ship "Khersones". Since 1996, the Inmaris Group operated the ship on a contractual basis. Since April 2006, however, the ship has been detained in its Ukrainian home port Kherch. As a consequence, two of the Group's companies needed to file for insolvency administration. With the arbitration, the companies and the insolvency administrator Dr. Sven-Holger Undritz claim compensation for the damage incurred.

For the Inmaris Group: Luther Rechtsanwaltsgesellschaft, Hamburg: Dr. Ulrich Theune (Partner) und Dr. Richard Happ (both Litigation & Arbitration) www.luther-lawfirm.com

Additional information (but only in German) is available under www.inmaris.de

WEBLOGS

Empirical Research And International Economic Law: A Comment on Susan Franck's Essay

by David Zaring, http://www.opiniojuris.org/posts/1215019451.shtml

A Response to David Zaring

by Susan Franck, http://www.opiniojuris.org/posts/1215021624.shtml

PODCASTS

Dispute Resolution in Malaysia

This week, Mike analyzes ADR in Malaysia with litigator Sai-Yeang Ng, a partner in Kuala Lumpur's Raja, Darryl & Loh. After setting out the statutory and common law basis for practice in the Southeast Asia nation, Sai-Yeang discusses how cases can migrate to ADR in a country where the equivalent of $15,000 in litigation costs is considered a costly case.

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

EVENTS

Séminaire OHADA LOME / 15 et 16 juillet 2008.

http://www.ohada.com/newsletter.php?news=16062008-413

Dans le cadre de sa politique de vulgarisation, de promotion et de consolidation du droit OHADA, le CLUB OHADA TOGO, en collaboration avec l'Ordre des Avocats du Togo organise un séminaire les 15 et 16 juillet 2008 à Lomé autour du thème :

L'Arbitrage : un mode de règlement des litiges contractuels par excellence en droit OHADA

...

Latest developments in International Arbitration in Asia, 2 September 2008

http://www.iccwbo.org/iccccffa/index.html

ICC and SIAC will co-organise on 2 September 2008 in Singapore, a conference on "Reflections on Diverse Issues in International Arbitration" in the region. This Conference will bring together arbitration experts and members of the judiciary from numerous jurisdictions. Simon Greenberg, Deputy Secretary General of the International Court of Arbitration, will present the ICC's perspective. Do not miss this unique opportunity to gain insights to the latest developments on arbitration practice and judicial attitudes.

...

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

Inaugural MIDS Lecture by Professor James Crawford on October 1st

http://www.mids.ch/news

"Continuity and Change in International Dispute Settlement", by Prof. James Crawford

Time: Lecture starts at 6:15pm

Venue: The Graduate Institute of International and Developement Studies, 132 rue de Lausanne in Geneva, either in the Auditorium Jean Freymond or in Room S1 at the Villa Barton

The Geneva Master in International Dispute Resolution will celebrate its launch by organizing an Inaugural Lecture to be delivered by Professor James Crawford. He will speak against the proliferation of international dispute resolution mechanisms in a paper entitled "Continuity and Change in International Dispute Settlement".

Professor James Crawford SC, FBA, LLD is the current Whewell Professor of International Law at the University of Cambridge and the Director of the Lauterpacht Research Centre for International Law. Professor Crawford is one of the most promiment academics in the field of international law and has an extensive practice in international law and international arbitration, appearing before the ICJ, ITLOS, ICSID and ICC tribunals. He has been an arbitrator in ICSID and ad hoc arbitrations as well as in inter-state cases, is a member of the ICSID panel of arbitrators, author of numerous books, and co-editor of the British Yearbook of International Law. He was previously a Member of the Australian Law Reform Commission (1982-1990) and the International Law Commission (1992-2001). He was the International Law Commission Special Rapporteur on State Responsibility from 1997-2001. He was also Chair of the Faculty of Law at the University of Cambridge from 2003 to 2006.

Attendance ot the Inaugural Lecture is open to everyone, but there is a limited number of places available and registration is therefore required. Details regarding registration and other practicalities will be announced on this website and through other channels early September.

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

White & Case Strengthens International Arbitration Practice with Arrival of New Partner

http://www.whitecase.com/News/Detail.aspx?news=2167

Global law firm White & Case LLP is strengthening its international arbitration team with the addition of Patricia Nacimiento, who will join the Frankfurt office on August 15, 2008 as a partner.

Nacimiento joins from Nörr Stiefenhofer Lutz where she worked for nearly ten years, most recently as salary partner. She has been involved in numerous international arbitrations, both as party representative and arbitrator. Her most recent public success was her representation of the Czech Republic in an arbitration against a major global steel producer. She has represented several States and State entities in arbitration proceedings.

...

ICDR vacancy: International case manager

The International Centre for Dispute Resolution (ICDR), a division of the American Arbitration Association (AAA), is looking for dedicated and responsible individuals to manage a caseload of large and complex international arbitration and mediation cases.

The international case manager is required to oversee all aspects of case administration. We are looking for an energetic individual who possesses an understanding of the value of high quality client service and working in a team system, as well as someone who possesses excellent communication and interpersonal skills. In addition, this candidate must be well organized and be able to multi-task and problem-solve.

Postgraduate degree, bar admission, and second language preferred. A transfer to our Centers in Dublin or Singapore is possible.

More information about our association can be obtained on our websites at www.icdr.org and www.adr.org. Please contact Christian P. Alberti at AlbertiC@adr.org.

Crown Office brings in Lovells

http://www.thelawyer.com/cgi-bin/item.cgi?id=133695&d=415&h=417&f=416

Crown Office Chambers has become the latest set to recruit from a law firm after taking on Lovells partner Dr Volker Triebel for its ­arbitration practice.

Triebel joins as an associate member. He will remain at Lovells in Düsseldorf in an of counsel role.

Crown Office senior clerk Julian Campbell said that Triebel, who has worked on more than 120 arbitrations, will increase the set's exposure to the international arbitration market.

...

BOOKS

The Reasons Requirement in International Investment Arbitration: Critical Case Studies

Guillermo Aguilar Alvarez, Michael Reisman
ISBN13: 9789004166325
ISBN: 9004166327
To be Published: August 2008
Publisher: Brill Academic Publishers
Country of Publication: Netharlands
Binding: Hardback
Price: £120.00 (Not Yet Published)

This collection of essays emerged from a seminar on international investment law taught jointly by the editors at the Yale Law School . The participants brought a rich experience and, as important for a subject like this, a rich national diversity. A considerable part of the seminar involved close reading of recent international investment arbitral awards. These decisions have emerged as the most important engines of legal development in this field. Interestingly, in almost all instances, it was felt that the right decision had been reached. But without the building blocks that reasons reflect, one could not reconstruct or "reverse engineer" the reasoning of the tribunal. From this experience, it was concluded that it would be a useful exercise to examine the adequacy of reasons in some of the most important recent international investment law awards in order to see if there were significant trends with policy implications. The studies in this collection represent the best of the seminar.