issue #22, week 33. 13 August 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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NEWS

Arbitration Victory for Clyde & Co in ExxonMobil and Hunt Oil

August 12, http://www.lawfuel.com/show-release.asp?ID=18982

In November 2005 YEPC, a joint venture owned by ExxonMobil and Hunt Oil, commenced arbitration proceedings against Yemen over an alleged five-year extension to a 20 year Production Sharing Agreement (PSA) in respect of Block 18, a major oil producing block.

Michael Goldberg, a partner at Houston law firm Baker Botts, representing YEPC, was reported at the time saying:

"Since 2004, YEPC has invested millions of dollars at the direction of the Yemen Government. Up until Nov. 15 [2005], we fully expected they would honour the contract. The Government of Yemen had no right to take over this operation, and although we did not want to file an arbitration, they gave us no choice."

An ICC Tribunal has recently dismissed YEPC's claim that a five year extension was effectively granted and has declared that the PSA between YEPC and Yemen expired on November 14 2005.

Yemen has confirmed that it will abide by the decision of the ICC Tribunal.

Ben Knowles, a Partner at Clyde & Co representing Yemen says "We are delighted with the successful result for Yemen which entirely vindicates their position that the PSA expired on November 14 2005."

See also http://www.alsahwanet.net/view_nnews.asp?sub_no=405_2008_08_12_65308

More information:

Court to Rule Soon in Hunt-Yemen Dispute (July 2008)
http://www.energyintel.com/DocumentDetail.asp?Try=Yes&document_id=229888&publication_id=31

Clyde & Co represents Yemen in multi-billion dollar arbitration (Jan. 2007)
http://www.clydeco.com/news/articles/clyde-and-co-represents-yemen-in-multi-billion-dollar-arbitration.cfm

Hunt Oil & ExxonMobil File for Arbitration on Yemen Field (Nov. 2005)
http://www.rigzone.com/news/article.asp?a_id=27131

IFC seeks investment solutions in Bangladesh

August 11, http://bdnews24.com/details.php?id=59470&cid=4

The World Bank's International Finance Corporation is looking to a core group of public servants for solutions to investment barriers and their impact on foreign companies in Bangladesh.

The Regulatory Reform Core Group (RRCG) will review relevant laws and assist the Regulatory Reforms Commission in making recommendations for their reform.

...

Repsol, China's Andes agree to new Ecuador oil deals

August 9, http://uk.reuters.com/article/businessIndustry/idUKN0847383520080810

China's Andes Petroleum and Spain's Repsol agreed with Ecuador on Friday to switch to a service contract from a production sharing deal, as the leftist government seeks to boost control over the key sector.

A new service agreement means Andes Petroleum and Repsol (REP.MC: Quote, Profile, Research) will hand over to the state all the oil it extracts in exchange for a fee instead of keeping part of the oil as in the current deal.

...

Arctic Map shows dispute hotspots

http://news.bbc.co.uk/2/hi/staging_site/in_depth/the_green_room/7543837.stm

(Via: OpinioJuris.org)

British scientists say they have drawn up the first detailed map to show areas in the Arctic that could become embroiled in future border disputes.

Bolivia to pay Shell for share in nationalized gas company

August 10, http://afp.google.com/article/ALeqM5jCgEOsk9AMRQfimsS1a5g6WgbToA

Bolivia and Shell have signed a deal compensating the Anglo-Dutch energy group for its share in the nationalized gas pipeline company Transredes. The accord was signed late Friday by Bolivian Energy Minister Carlos Villegas and Shell representative Jose Maria Linardi in the presence of President Evo Morales, an AFP photographer at the ceremony said.

The amount of the deal for Shell's stake in Transredes, which was nationalized by Morales last year, was not divulged by officials. Reports on Saturday, however, put the sum at 120.57 million dollars.

...

Brunei Darussalam- Building Up Credentials

August 10, http://www.menafn.com/qn_news_story_s.asp?StoryId=1093207340

The sultanate is seeking to establish its credentials as an international arbitration centre, looking both to boost the economy and attract overseas investors by guaranteeing a creditable dispute resolution mechanism.

To have a strong domestic arbitration system in place, especially when dealing with international firms, could bring significant benefits to the local economy, Dato Paduka Awang Haji Hamdillah, deputy minister of industry and primary resources told international media. Rather than having to meet the costs of conducting arbitration overseas, disputing parties would feel confident in Brunei's own system to resolve their differences, he added.

The availability of arbitration would also serve to attract international investors, who will be "very keen to see some of the mechanisms in place so that they will be a lot more comfortable coming to this country," said the deputy minister.

Additionally, if Brunei becomes an accepted centre for international arbitration, with bickering parties coming to the sultanate to settle their differences, local businesses such as hotels, conference centres and secretarial facilities would all benefit, he said.

Brunei has its own arbitration system in place, operated by the Arbitration Association Brunei Darussalam (AABD). Established in 2004, its activities are in line with accepted international conventions and the Brunei Arbitration Act, 1994.

...

An update on the ACP-EU Economic Partnership Agreements - News - Investment Treaty News (ITN)

http://www.investmenttreatynews.org/cms/news/archive/2008/08/08/an-update-on-the-acp-eu-economic-partnership-agreements.aspx

Over the last six years the European Commission and 77 African, Caribbean, Pacific (ACP) countries have been negotiating free trade agreements, which they call Economic Partnership Agreements (EPAs). The EPAs are intended to end the non-reciprocal trade preferences given to Europe's former colonies which are now in conflict with certain WTO rules.

...

Commentary: A case for an international investment court

http://www.investmenttreatynews.org/cms/news/archive/2008/08/07/commentary-a-case-for-an-international-investment-court.aspx

I shall lay out an argument for an international investment court, not because I wish to associate myself with grandiose schemes for international reform, but because I see it as the most pragmatic and appropriate way to fix serious problems in the existing system of investment treaty arbitration.

...

France moves to dismiss Taiwan warship probe

August 7, http://afp.google.com/article/ALeqM5g0yI4FE4Y_FP7wjtvGZ5BzttBUoQ

Paris prosecutors said Wednesday they had called for France's biggest graft probe in 50 years to be dismissed without trial, after judges were repeatedly refused defence files on a 1991 warships deal with Taiwan.

...

Taiwan is seeking damages of close to one billion euros from France before an international court of arbitration.

Chinese court rejects a Danone appeal over the Wahaha trademark

August 6, http://www.iht.com/articles/2008/08/05/business/danone.php

A Chinese court has rejected an appeal by Groupe Danone of France in a legal battle with its estranged partner, Hangzhou Wahaha Group, over ownership of the Wahaha trademark, China's best-known soft-drink brand, the companies said Tuesday.

Wahaha said the ruling affirmed its rights to the trademark, but Danone said the court had failed to conduct a substantive review of the case and vowed to take the matter to the relevant superior judicial authorities in China.

"Danone will continue to pursue all legal options to protect its contractual rights and financial interests," the French company said.

Wahaha said in an e-mailed statement that the ruling was a major step forward for the company in its legal proceedings.

...

ICDR, Colombia's Universidad Sergio Arboleda Sign Cooperative Agreement

August 5, http://www.adr.org/sp.asp?id=34889

The International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association, recently entered into a cooperative agreement with the Universidad Sergio Arboleda in Bogota, Colombia, to help promote the teaching of ADR processes in the university.

...

Nabi Biopharmaceuticals Announces Arbitration Settlement With Inhibitex, Inc.

August 4, http://phx.corporate-ir.net/phoenix.zhtml?c=100445&p=irol-newsArticle&ID=1183183&highlight=

Nabi Biopharmaceuticals (Nasdaq:NABI) announced today a settlement of an arbitration proceeding against Inhibitex, Inc., effective August 1, 2008. Under the terms of the settlement, Inhibitex agreed to pay Nabi a total of $2.2 million, $1.7 million in connection with the execution of settlement and $0.5 million by October 15, 2008 with 5% interest from August 1, 2008.

In 2006, Nabi recorded $4.5 million of other biopharmaceutical revenue for contract manufacturing, consisting of $1.2 million for product manufactured under a manufacturing agreement with Inhibitex., Inc and $3.3 million for penalties recorded in conjunction with the termination of the agreement. Inhibitex disputed the amounts due. Nabi arbitrated this dispute and, in early 2007, received a favorable ruling from the arbitrator awarding the full $4.5 million. Subsequently, Nabi moved to confirm the award in the Supreme Court of New York and Inhibitex moved to vacate the award. In late 2007, the court issued a decision denying Nabi's petition with respect to $3.3 million in cancellation fees, but affirmed the arbitrator's award in the amount of $1.2 million which was received in January 2008. Nabi filed an appeal in February 2008 with respect to the portion of the decision vacating the $3.3 million portion of the award. This settlement effectively terminates the appeal process.

"We are pleased to reach this settlement which will result in the payment to Nabi of most of the disputed amount and the end of future costs associated with our appeal," stated Dr. Raafat Fahim, President and Chief Executive Officer of Nabi Biopharmaceuticals.

Burundi sets sights on oil

http://www.busiweek.com/index.php?option=com_content&task=view&id=244&Itemid=1

Burundi could become a leading oil and minerals exporter of the region following a protracted exploration and prospecting exercise kicked off by government recently.

...

We signed a contract in 1999 with an Australian company Andeover Resources NL. They stopped work because of insurgency. They were charged with carrying out a feasibility study for three years and did not deliver. In June 2007, government terminated their contract. However, Andeover has now sued the government at the International Chamber of Commerce in Paris.

Apart from that we have many companies that have shown interest and some have arrived and are carrying out feasibility studies, prospecting and others actual activity.

...

We are now reviewing the mining code expected in October. The project is being financed by the World Bank and PAGE (Economic Management Support Programme - (EMSP).

In the mining code, we are looking at lowering the fiscal terms required by investors. Under the existing code, they were too high for investors. We want it lowered from 7% and make it conducive for investors.

...

Linklaters, Lovells in face-off as BP claims against its Russian JV partner

August 4, http://www.thelawyer.com/cgi-bin/item.cgi?id=134048&d=415&h=417&f=416

Linklaters and Lovells are going head-to-head as BP starts its Swedish ­arbitration proceedings against Russian consortium Alfa-Access-Renova (AAR), which is in a lucrative joint venture with the energy giant.

BP's legal team alleges that the TNK-BP joint ­venture's legal framework has been violated by AAR - a consortium made up of Russian billionaires Mikhail Fridman, Viktor Vekselberg, Leonard Blavatnik and German Khan - which owns the other half of the enterprise.

...

India: BPL Mobile arbitration panel to resume hearings on Aug 5

August 1, http://economictimes.indiatimes.com/News/News_By_Industry/Telecom/BPL_Mobile_arbitration_panel_to_resume_hearings_on_Aug_5/articleshow/3312360.cms

(HT: V. Inbavijayan)

The prolonged battle for ownership of BPL Mobile, which offers cellular services in Mumbai, seems to be nearing an end. The case is entering the final stages of hearing before a three-member arbitration panel, which was reconstituted earlier this year after the death of former chief justice RS Pathak.

"The panel will meet on August 5 when the two sides will present evidence and begin arguments in the case," sources told ET. While it is not known when the matter will be finally settled, the meeting of the arbitration panel is considered significant as it is the first step towards resolution of the conflict. The panel, which was constituted in March 2007, has met only four times till now. It could not meet for scheduled hearing in March this year after the death of Justice Pathak in November 2007 as he was heading the panel. The other two arbitrators are former chief justices.

Pending arbitration, BPL Mobile is being managed by the Ruias of Essar group. The Ruias acquired BPL on behalf of Hutchison Essar (HEL, now Vodafone Essar) in 2006, but have not transferred the shares. Neither the Ruias nor Vodafone is ready to give up BPL Mobile, which has 13.7 lakh subscribers in the Mumbai circle.

...

South Africa: Kumba has initiated confidential arbitration proceedings against La Société Des Mines de Fer du Sénégal Oriental and the Republic of Senegal

August 1, http://www.miningweekly.com/article.php?a_id=139080

...

Kumba has initiated confidential arbitration proceedings against La Société Des Mines de Fer du Sénégal Oriental and the Republic of Senegal under the rules of arbitration of the International Chamber of Commerce.

Kumba and ArcelorMittal have also agreed to an arbitration process, once again confiden- tial, to resolve key differences of interpretation of the Sishen supply agreement. During 2007, ArcelorMittal paid R60 million as an export parity pricing element for Sishen ore acquired during the period, the price of which it still disputes, which may become subject to yet further arbitration. Whether or not this will also be declared confidential has still to be announced.

Hanwha wins dispute over Korea Life, plans IPO

July 31, http://www.reuters.com/article/rbssIndustryMaterialsUtilitiesNews/idUSSEO31984820080801

South Korean conglomerate Hanwha Group said on Friday that it had won a dispute in international arbitration over its purchase of a life insurer, enabling it to increase its stake in the firm and to prepare its initial public offering.

...

India: For a credible arbitral institution

http://economictimes.indiatimes.com/Guest_Writer/For_a_credible_arbitral_institution/articleshow/3317353.cms

The last few years have seen a spurt in international commercial activity, as India has come to be positioned as an important player in the global economy.

In this time of greater inter-state interaction, the dispute resolution mechanism of international commerce is attracting focused attention. Arbitration as a method of dispute resolution has turned out to be the most favoured one. The adoption of the UNCITRAL model by most nations has also contributed to the acceptability of arbitration as a dispute resolution mechanism.

While India has benefited from outsourced work and jobs on account of its plentiful, efficient and affordable human resource, the situation in respect to arbitration work is quite different. India is by and large outsourcing dispute resolutions on the point of locale, applicable law and composition of the arbitral tribunal, and even the legal functionaries involved. The outsourcing of this work is avoidable, highly inconvenient to the Indian industry, and requires preventive measures.

The initiation of reforms is required to overcome the lack of confidence in the Indian legal and judicial system. It is not a rare spectacle to see pendency of arbitration proceedings for years, and then to see challenges to the eventual awards continue for years after at various stages in Indian courts.

India is naturally suited to becoming an important centre for dispute resolutions with a global perspective. This isn't happening due in part to the absence of a credible and recognised institution that can address resolution of international commercial disputes.

...

Govt seeks $400-m loan to pay Terminal 3 claim

August 4, http://www.manilastandardtoday.com/?page=news2_aug4_2008

THE Manila International Airport Authority will soon receive a $400-million loan from two government banks so it can compensate Philippine International Air Terminal Corp. for building the Ninoy Aquino International Airport's Terminal 3.

The state-owned Land Bank of the Philippines and Development Bank of the Philippines will each lend the Authority $200 million and release the funds by the third quarter so the state agency could pay off Piatco as ordered by the Supreme Court, according to LandBank vice president Cecile Borromeo.

...

Piatco is claiming in a recovery case it filed at the International Court of Arbitration of the International Chamber of Commerce in Singapore that it spent $565 million, but the government argues that the company bloated its costs.

...

ICSID posts first Chevron suit hearing for Dec 1 in Hague

http://www.newagebd.com/2008/aug/08/front.html#4

The International Centre for Settlement of Investment Disputes has posted for December 1 in The Hague the first hearing in the arbitration suit which US-based Chevron had lodged against Bangladesh over the row on wheeling charges for Jalalabad gas, Petrobangla officials said.

The centre, an institution of the World Bank group, deferred the hearing date from August 5 till December 1 at the request of the Bangladesh delegation, led by the government's legal adviser Kamal Hossain, as the government was not prepared for the hearing.

...

Bangladesh-Based Petrobangla To Drop Against Chevron Over Transmission Charges

August 3, http://www.tradingmarkets.com/.site/news/Stock%20News/1800840/

The army-backed interim government of Bangladesh has decided to drop the case filed by state-run oil, gas and mineral corporation Petrobangla Chevron Corp (NYSE: CVX).

Petrobangla filed the case in a Dhaka court last year as the Chevron lodged an arbitration suit over a debate on transmission charges for gas supply from a field in Bangladesh. The government will face the arbitration suit with the International Centre for Settlement of Investment Disputes (ICSID), an institution of the World Bank group.

Bangladesh was not prepared to face the issue on August 5 and requested to defer the arbitration till on October 23. Chevron filed the suit with the ICSID demanding back four percent of the gas sales proceeds from the Jalalabad gas field it had paid to Petrobangla as transmission charges.

...

Payment Dispute With Chevron - Petrobangla to fight through WB arbitrators

August 1, http://www.thedailystar.net/story.php?nid=48424

Petrobangla has finally decided to contest the case filed by Chevron with the International Centre for Settlement of Investment Dispute (ICSID), an autonomous arbitration institute of the World Bank, to settle the dispute over payment of a gas-business charge.

The state-run petroleum corporation has also decided to withdraw its case filed with the local court against Chevron.

The issue of 4 percent payback on account of wheeling charge is a longstanding issue between the two sides in the gas-exploration business, as the company declines to pay the charge for pipeline use.

Initially, both the parties tried to resolve the issue through negotiation, but now they agreed to go for international arbitration.

Chevron claimed that the 4 percent wheeling charge is applicable only if it uses Petrobangla's pipeline to supply gas to other parties. But Chevron has been supplying gas from three gas fields--Jalalabad, Moulvibazar and Bibiyana--only to Petrobangla.

When contacted, Chevron in a written statement said, "In instituting the case, Chevron is in full compliance with the Production Sharing Contracts (PSCs), the Gas Purchase and Sales Contracts (GPSAs) and all applicable laws governing its operations in Bangladesh.

The PSCs, which are based on Petrobangla's own Model PSC, provide for ICSID arbitration, and both the parties are signatories to the ICSID Convention."

...

Tymoshenko pulls offer of talks with Vanco; dispute to end in court

August 5, http://www.ukrainianjournal.com/index.php?w=article&id=6931

Prime Minister Yulia Tymoshenko's government on Tuesday revoked its proposal to Vanco Prykerchenska, a joint venture led by U.S. oil company Vanco Energy, to hold talks to try to settle their license dispute.

The development suggests it is now unlikely that the dispute will be settled amicably through talks as the parties are heading towards a clash in an international court of arbitration in Stockholm.

...

Government of Ukraine ready to continue dialog with Vanco

July 30, http://www.unian.net/eng/news/news-264453.html

The government of Ukraine is ready to continue dialog with Vanco Prickerchenska Ltd., but only after the company suspends its suit filed or international arbitration with Ukraine.

According to an UNIAN correspondent, top deputy Minister of Justice of Ukraine, acting Minister Yevhen Korniychuk claimed this to a press conference today.

"Our position is that we will immediately hold consultations with Vanco Prickerchenska Ltd., as soon as they suspend their suit.

...

Centerra suspends Kyrgyz arbitration, profit rises

July 31, http://www.forbes.com/reuters/feeds/reuters/2008/07/31/2008-07-31T171023Z_01_N31354191_RTRIDST_0_CENTERRA-UPDATE-2.html

Centerra Gold said Thursday it suspended arbitration proceedings while it tries to work out a deal with the Kyrgyz government over sharing income from its Kumtor mine in the Central Asian republic.

The gold company also said in a statement its second-quarter net profit tripled, lifted by a $42 million gain on the value of treasury shares.

Revenue rose 38 percent as output from Kumtor and a mine in Mongolia increased. But the cash cost of production surged, in part because of higher energy prices.

...

InterDigital Prevails Against Samsung in ICC Arbitration Proceeding

July 31, http://phx.corporate-ir.net/phoenix.zhtml?c=116582&p=irol-newsArticle&ID=1182378&highlight=

Tribunal Determines That Prior Arbitration Award Against Samsung (Currently $153 Million) Is Not Affected by 2006 Nokia-InterDigital Settlement Agreement

InterDigital, Inc. announced today that the Arbitral Tribunal operating under the auspices of the International Court of Arbitration of the International Chamber of Commerce (ICC) in the arbitration proceeding between InterDigital's wholly-owned subsidiaries InterDigital Communications, LLC and InterDigital Technology Corporation (InterDigital) and Samsung Electronics Co., Ltd. (Samsung) has issued a Partial Final Award. Among its determinations, the Tribunal concluded that the April 2006 Nokia-InterDigital settlement agreement does not affect Samsung's royalty obligations to InterDigital for the sale of single mode 2G GSM/TDMA and 2.5G GSM/GPRS/EDGE terminal units ("covered products") through 2006 as set forth in the prior September 2006 arbitration award. Under the September 2006 award, Samsung was ordered to pay approximately $134 million plus interest for sales of covered products through 2005. The September 2006 award also provided the royalty rate to be applied for Samsung's sales of covered products for 2006. The total amount of royalties for 2006 will be determined by the Tribunal at a later date.

"We are pleased that the Tribunal's decision confirms our view that Samsung's legal challenges amounted to conscious gamesmanship and that the previous arbitration award is not open to any meaningful challenge," said Lawrence F. Shay, President of Patent Licensing. "We are also confident that Samsung's appeal of the September 2006 award before the Second Circuit will fail and that InterDigital will be paid the amounts owed."

The Second Circuit appeal was filed by Samsung in December 2007 and secured by Samsung's posting of a bond in the amount of approximately $166.7 million. In May 2008, the Second Circuit granted Samsung's motion to stay its appeal pending receipt of this Partial Final Award. Samsung has now withdrawn its opposition to a motion previously filed by InterDigital to vacate the stay in the Second Circuit.

William J. Merritt, InterDigital's President and Chief Executive Officer, added: "This decision, combined with the positive decision from the Second Circuit regarding Nokia reported earlier today, and what we believe was a very successful evidentiary hearing before the U.S. International Trade Commission regarding Samsung's infringement of InterDigital's 3G patents earlier this month, continue to provide the appropriate incentives to all parties to find an amicable resolution to the current patent licensing disputes."

Assisting private arbitration in Uzbekistan

July 30, http://business.uzreport.com/uzb.cgi?lan=e&id=48643

(HT: V. Inbavijayan)

The Chamber of Industry and Commerce of the Republic of Uzbekistan has published a manual "on arbitration for practicing lawyers and disputing parties".

The manual has been published as a part of the joint project with the Coordinator of the OSCE Project in Uzbekistan "Assisting the development of arbitration in Uzbekistan". It is intended to help raise general awareness of the importance of disputes settlement in courts of arbitration.

...

All those who wish to receive such a manual for free may turn to the arbitrary court under the Chamber of Industry and Commerce of the Republic of Uzbekistan (address: 6 Bukhoro Street, Tashkent, tel: (99871) 2394329). Moreover, those who wish to download the electronic version of the book may do so on the website of the Arbitrary Court. (www.arbitration.uz)

Seven in short list of choices for Terminal 3 assessor

July 28, http://www.manilastandardtoday.com/?page=news3_july28_2008

THE government and the builders of Terminal 3 of Manila's international airport will re-nominate at least seven different companies to assess the value of the passenger terminal after the Supreme Court overruled a Pasay City judge who named a company that was not even nominated by both parties.

...

Devanadera said it was more important to have a "universal" ruling on the terminal's ownership, which would also settle the arbitration cases that were still pending before the Washington-based International Court for Settlement of Investment Disputes, and the Singapore-based International Chamber of Commerce.

...

Sonatrach: Strategy of Permanent Conflict

July 30, http://www.africaintelligence.com/C/modules/login/detailart/LoginDetailArt.asp?lang=ang&service=eve&comment=&context=his&doc_i_id=46120183

Like all state-owned companies which have grown all-powerful with the increase in the oil price and dwindling opportunities, Sonatrach has emerged as a particularly tough negotiator, prepared to cancel contracts if its objectives aren't met and drag its partners before arbitration courts.

(subscription required)

Interview with Oliver J. Armas: Learning The Language Of International Arbitration

http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=August&artYear=2008&EntryNo=8612

The Editor interviews Oliver J. Armas, partner in the International Dispute Resolution Group at Chadbourne & Parke LLP.

The Top Ten Questions People Ask About Ad Hoc, Non-Administered Or Self-Administered Arbitration

http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=August&artYear=2008&EntryNo=8613

Helena Tavares Erickson is Senior Vice President of CPR. In this capacity, she is responsible for a range of CPR activities including ADR counseling and research for CPR members, publications, and education and CLE-training. Ms. Erickson is also responsible for creating and convening a number of CPR membership-based committees charged with designing industry or practice-focused ADR protocols, rules and other products. In addition, she serves as CPR's Challenge Review Officer and oversees the Dispute Resolution Services and Panels departments in administering complex matters.

International Deal Structuring: Using International Structures To Protect And Enhance Foreign Investments

http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=August&artYear=2008&EntryNo=8618

Stuart Dutson is a Partner in Eversheds LLP's International Arbitration Group based in London and Paris. He specializes in international dispute resolution including international arbitration, litigation and negotiation/mediation.

Brazil's Petrobras Threatens Arbitration Against Ecuador

July 30, http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/200807301344DOWJONESDJONLINE000814_univ.xml

Brazil's state-run oil firm, Petroleo Brasileiro S.A. ( PBR), or Petrobras, is threatening to file an arbitration suit against the Ecuadorian government over a contract dispute, a top attorney for the Andean country said Wednesday.

Petrobras informed the Solicitor General's Office and state oil company Petroecuador July 18 it will file a suit at the London Court of International Arbitration if it does not reach an agreement with the state, the official told Dow Jones Newswires.

The arbitration process may begin within two months.

...

India: Lawyers can have websites, BCI tells Supreme Court

July 20, http://economictimes.indiatimes.com/News/PoliticsNation/Lawyers_can_advertise_on_Internet_BCI_tells_Supreme_Court/articleshow/3298619.cms

(HT: V. Inbavijayan)

New Delhi: The Bar Council of India (BCI) on Monday informed the Supreme Court that it allowed lawyers to launch their own websites giving basic information about themselves to prospective clients.

A Bench consisting of Justices B.N. Agrawal, S.H. Kapadia and D.K. Jain is hearing a petition filed by advocate V.B. Joshi challenging Rule 36 of the BCI, which prohibits lawyers from advertising their services in any manner.

...

International Arbitration: Now Getting Longer and More Costly

July 29, http://www.law.com/jsp/article.jsp?id=1202423321977

International arbitration -- once heralded as a more effective and efficient alternative dispute resolution mechanism than international litigation -- is now routinely criticized for replicating some of the same failings as litigation: excessive cost and duration of proceedings.

The greatest strength of international arbitration -- its procedural flexibility -- can be used to control its increasing cost and duration. As a party or practitioner, the key is choosing the best procedural tradeoffs to maximize the ability to present one's strongest case without incurring unnecessary and substantial additional costs or time.

...

Victories for Morales

August 11, http://www.latinbusinesschronicle.com/app/article.aspx?id=2598

Evo Morales wins in Bolivia and New York, Ecuador controversy, ALBA Controversy and more.

...

Freezing order overturned in £25m ­Bolivian telecoms case

August 11, http://www.thelawyer.com/cgi-bin/item.cgi?id=134105&d=415&h=417&f=416

Reed Smith and Stephenson Harwood have secured a Court of Appeal discharge of a $50m (£25.44m) freezing injunction against the Republic of Bolivia and its state-owned telecommunications company.

Netherlands company ETI Euro Telecom International (ETI) originally obtained the freezing injunction through the Commercial Court against Bolivia and Empresa Nacional De Telecomunicaciones (Entel) due to an ongoing dispute with the South American country.

...

Entel funds released to Bolivian government

http://www.telegeography.com/cu/article.php?article_id=24399

BNamericas is reporting that a court in New York has ruled in favour of Bolivian telecoms operator Entel, granting it access to funds totalling USD36 million that had been frozen in US bank accounts. The ruling stated that Euro Telecom International (ETI), the Telecom Italia owned holding company with a controlling stake in Entel, had no right to seize any of the company's assets.

...

Telecom Italia loses bid to freeze $50m in Bolivian dispute

July 28, http://business.timesonline.co.uk/tol/business/law/article4418623.ece

Telecom Italia, Europe's fifth-largest telecommunications company, has lost an attempt to freeze $50 million in a London bank account belonging to the Bolivian government.

The Italian company asked the Court of Appeal to intervene in a legal dispute with the South American state over the nationalisation of Entel, Bolivia's largest provider of fixed line, mobile and broadband services, in which Telecom Italia owned a controlling stake.

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Foley Hoag Wins Key Victory for Government of Bolivia in Investor Dispute over Nationalization of Telephone Company Entel

August 1, http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/08-01-2008/0004860128&EDATE=

New York federal judge rules that investors opposed to nationalization cannot sidestep arbitral procedures and pressure a sovereign government by attaching company's assets; case has implications for other state-investor disputes over nationalization of corporate assets

Foley Hoag LLP secured a critical victory for the government of Bolivia when a federal judge held that foreign investors in a recently nationalized company had improperly attached the company's U.S. assets, and issued an order dissolving the attachment. The decision could have major implications in other state-investor disputes in Latin America and elsewhere tied to nationalization of corporate assets.

Judge Laura Swain of the Southern District of New York ruled this week that European investors in Bolivia's national telephone company Entel, whose shares were nationalized by Bolivia on May 1, had no right to seize any of Bolivia's or the company's assets in U.S. banks. As a result of her decision, full access to the funds will be restored to Bolivia and Entel.

The European concern, ETI, a Dutch subsidiary of an Italian firm itself owned by Telecom Italia, had filed for arbitration against Bolivia with the International Centre for the Settlement of Investment Disputes (ICSID), the arbitration arm of the World Bank, protesting the nationalization of its shares in Entel and demanding compensation of more than $500 million. On May 5, four days after the nationalization decree was issued by Bolivian President Evo Morales, the investor group appeared ex parte in courts in New York and London and convinced judges in both jurisdictions to attach bank accounts of Entel totaling more than $90 million, as security to guarantee payment of the arbitral award they are seeking.

Judge Swain ruled that ETI had no right to attach Bolivia's or Entel's assets prior to the final outcome of what is expected to be a lengthy arbitration process. Accordingly, she dissolved an ex parte order of attachment issued by a different judge on May 5. On July 11, a similar order was issued by the High Court in London, ending the attachment of Bolivia's and Entel's funds in British banks. With Judge Swain's ruling, all of the formerly attached funds are now available to the Bolivians.

The Bolivian Ambassador to the U.S., Gustavo Guzman, said, "The recent decision by a federal judge of the Southern District of New York, which has put a final end to the attachments of the bank accounts of the Bolivian telecommunications company Entel -- attachments sought by the Italian company Euro Telecom International, ETI -- manifests an unquestionable legal support for the firm conviction of Bolivia to determine the management and administration of a strategic sector of its economy according to the principles of sovereignty, self-determination, and fairness and respect for foreign investments."

Paul S. Reichler, a partner in Foley Hoag's Washington, DC, office, was lead counsel in the case on behalf of Bolivia. "Judge Swain's ruling establishes a very clear precedent for sovereign nations pursuing a policy of nationalization, as well as for investors who may seek to challenge the execution of that policy," said Mr. Reichler, who specializes in representing nations before judicial and arbitral bodies around the world.

"Her decision prevents foreign investors from going outside the arbitral process to obtain an unfair advantage by freezing bank accounts, as well as from putting undue pressure on sovereign states to compel settlements on terms dictated by the investors," he added.

Mr. Reichler argued for dissolution of the attachments on grounds that the attachment of sovereign funds prior to issuance of a final judgment or arbitral award is prohibited by the U.S. Foreign Sovereign Immunities Act. Bolivia's lawyers also argued that since Entel is not a party to the arbitration between Bolivia and ETI its funds could not be attached to secure a possible future award against Bolivia. In addition, Mr. Reichler's group submitted that ICSID arbitration rules prohibit the parties from seeking relief in national courts prior to the conclusion of the arbitration proceedings.

In her decision in favor of Bolivia and Entel, Judge Swain wrote, "ETI has brought an arbitration action against Bolivia, not Entel, and the attached bank accounts in New York undisputedly belong to Entel, not Bolivia. Plaintiff has made no proffer ... as to how the monies in Entel's New York bank accounts constitute an attachable debt obligation of Entel to Bolivia. The order of attachment will therefore be vacated."

Working alongside Mr. Reichler on behalf of the Bolivian government were Foley Hoag partners Janis Brennan and Lawrence Martin, both of the Washington, D.C. office.

Entel was represented by Michael Krinsky, a partner with Rabinowitz, Boudin, Standard, Krinsky & Lieberman, PC, of New York. ETI was represented by Robert Sills, a partner with Orrick Herrington & Sutcliffe LLP's New York office.

The case is E.T.I. Euro Telecom International N.V. v. Republic of Bolivia, and Empresa Nacional de Telecommunicaciones Entel S.A., No. 08 Civ. 4247 (LTS) (FM).

Africa Diamonds to Take De Beers to Arbitration

July 28, http://www.macroworldinvestor.com/m/m.w?lp=GetStory&id=315555031

African Diamonds (AFD) is taking De Beers to arbitration over its plans to delay preparations to start mining the Boteti diamond deposits near Orapa.

The two are partners in the AK6 project. "It makes no sense to African Diamonds, our local partner Wati or to the people of Botswana that the benefits from developing the mine should be denied," AFD chairperson John Teeling said yesterday in a strongly worded statement read at the Botswana Resource Conference. "We have declared a dispute and will go to arbitration in Botswana," he added. Meanwhile De Beers has rejected the African Diamonds position.AFD managing director, James Campbell said that De Beers proposed that the project is not viable, owing to doubts over power supplies but refused to sell its stake. After finding the terms of the mining licence that the government offered last month favourable, AFD said that it offered to buy out De Beers' majority stake at a 'generous price'. The offer was rejected.

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An interview with Alejandro Faya-Rodriguez, special legal advisor, Mexican Ministry of Economy

July 17, http://www.investmenttreatynews.org/cms/news/archive/2008/07/28/an-interview-with-alejandro-faya-rodriguez-special-legal-advisor-mexican-ministry-of-economy.aspx

Alejandro Faya-Rodriguez was the Deputy Director-General for International Affairs of the Directorate-General of Foreign Investment at the Mexican Ministry of Economy until last March, where he negotiated ten bilateral investment treaties and one investment chapter within a free trade agreement. He recently moved to a new post as a senior legal advisor to the Ministry of Economy, at the "Proceso MARCO", a project aimed at crafting proposals that foster competition or improve the regulation in key sectors. He still regularly advises the Ministry on matters of foreign investment. ITN reached Mr. Faya-Rodriguez by phone at his office in Mexico City.

The Association for International Arbitration start newsletter, InTouch

http://www.arbitration-adr.org/activities/newsletters.html

In this first issue, July 2008:

WEBLOGS / KNOLS

Federal Arbitration Act - U.S.; Proposed Comprehensive Amendment of FAA

http://knol.google.com/k/joseph-matthews/federal-arbitration-act-us/

This KNOL contains a proposal for comprehensive amendment of the Federal Arbitration Act in the United States. Its present form was compiled with the intention to include most of the currently pending proposals for amendment based on domestic consumer. employment and franchise interests as a separate chapter. It also includes the UNCITRAL Model Law with some modifications for puposes of separating domestic arbitration from international arbitration. It is my hope that everyone will feel free to make edits and modifications and to comment on this proposal as well as proposed modifications by others so that when the new Congress takes up the issue of reform of the FAA, it will have the benefit of this input should it wish to consider more comprehensive reform.

KNOL author: Joseph Matthews

Danone-Wahaha And Why You Need A Real Lawyer For China.

August 7, http://www.chinalawblog.com/2008/08/danonewahaha_and_why_you_need.html

Brad Luo over at the China Business Law Blog just posted on a recent Chinese court decision in the never-ending conflict between Wahaha and Danone. The post is entitled "Wahaha" Ain't French, and It Belongs to China," and it once again shows why I earlier remarked on how "we love that dispute because within it lies just about every China business or business law issue one might confront." This new ruling touches on two important legal issues, one very particularized and one very general. Let's start with the particulars.

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PODCASTS

IDN 38 - Detecting Lies and Concealing Emotions: The Eckman Group's Clark Freshman on Negotiating

Clark Freshman, of the Paul Eckman Group and Hastings College of Law, discusses how to identify the emotions behind negotiators statements.

This episode is available for download here http://www.cpradr.org/TrainingEvents/Podcasts/tabid/261/Default.aspx

IDN 37 - The Story Behind Stradley Ronon's CPR Institute Law Firm Award

Bennett G. Picker, a partner in Philadelphia's Stradley Ronon Stevens & Young, LLP, returns to IDN for his second visit. This week, Ben explains to Mike the philosophy behind his firm's approach to litigation, which earned it the CPR Institute's first Law Firm Award for Excellence in ADR. Ben talks about moving clients to ADR. The Stradley approach, he says, involves "looking at every dispute as a problem to be resolved."

This episode is available for download here http://www.cpradr.org/TrainingEvents/Podcasts/tabid/261/Default.aspx

IDN 36 - Benchmarking International Legal Departments, with Massimo Mantovani, GC of ENI

This episode of IDN is an interview with Massimo Mantovani, the general counsel of ENI. Topics covered are: recent examples of transnational oil & gas negotiations in which ENI has been involved; the organization of ENI's legal department; views on dispute resolution (arbitration and mediation); and hiring and managing outside counsel, including bad habits that annoy in-house lawyers. Avv. Mantovani also provides his view on the "end of oil" argument.

IDN 35 - Leveraging the Institution: Part 2 of ICC Case Management Processes

Summary: This episode of IDN is the second of two parts on how the International Chamber of Commerce's International Court of Arbitration in Paris handles cases. Mike's guest is Francesca Mazza, an ICC senior case manager. Last week covered the initial stages of ICC arbitration proceedings. This week's episode picks up with the "terms of reference," and moves through to the tribunal's award.

This episode is available for download here http://www.cpradr.org/TrainingEvents/Podcasts/tabid/261/Default.aspx

EVENTS

Questions of arbitration and mediation discussed in Ferghana

http://www.undp.uz/ru/news/story.php%3Fid%3D811&usg=ALkJrhh0fwakqsLUIuSmNasXk4uplGv6xw

Alternative means of resolving disputes between legal entities through mediation and arbitration courts were discussed on July 16, 2008 at a seminar in the city of Fergana (Ferghana region).

Similar seminars were held in the cities of Namangan, Andijan, Termez, Urgench, Nukus, Karshi Tashkent for lawyers and financial institutions and enterprises as well as representatives of the judicial system.

More at www.arbitration.uz and www.chamber.uz

Brunei to host International Arbitration Conference Brunei, 2nd RAIF Conference August 16 - 17

http://www.brunei-online.com/bb/tue/aug5h35.htm

For the first time, Brunei Darussalam will be hosting the International Arbitration Conference Brunei and 2nd Regional Arbitration Institutes Forum (RAIF) Conference on August 16 and 17 at the Empire Hotel and Country Club.

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More information about the conference at http://www.cityneon.com.bn/arbit-con2008/

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

International boundary disputes and rights of capture: new directions in international law? 9 september

Herbert Smith partner Dominic Roughton will be giving a seminar on this important topic on Tuesday, 9 September 2008 in our London offices at 4.30pm. With the aid of various maps and diagrams, Dominic will illustrate the key issues involved in delineating State boundaries and allocating or sharing ownership of natural resources.

He will be joined by John Brown, a Law of the Sea Consultant with the UK Hydrographic Office whose members survey maritime boundaries and frequently act as experts in such disputes. He will also be joined by David Bishopp from British Gas who will give the industry perspective.

If you are interested in attending, please contact Sally Whittaker at

New Legal Developments of Doing Business with Mexico - September 10

http://www.dcbar.org/for_lawyers/events/event_Detail.cfm?sessionAltCD=120810

D.C. Bar Conference Center, 1250 H Street, NW, B-1 Level (Metro Center)

International Law Section / Inter-American Legal Affairs Committee in co-sponsorship with the U.S.-Mexico Bar Association Present a Half-Day Program

Mexico is one the largest emerging economies and a solid U.S. business partner. Yet, after many years of free trade under NAFTA, new business opportunities under new rules seem to be appearing in different areas, such as telecom, energy and trade. Our half day program co-sponsored with the U.S. Mexico Bar Association will deal with the new legal aspects of doing business in Mexico. The high ranking speakers from the U.S. and Mexico will deal with those issues. The Mexican Ambassador to the U.S. will make a keynote presentation on business opportunities in Mexico.

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ICC YAF North America Chapter, next meeting September 16

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

The next ICC YAF meeting will be organised by the North America Chapter and will take place in New York, on 16 September 2008 at 5:00 p.m.

For the occasion, the Arbitration Committee of the United States Council for International Business (USCIB) and Crowell & Moring LLP will propose to young arbitrators, free of charge, an interactive mock arbitration on "Advocating an International Dispute from Different Cultural and Legal backgrounds - Bridging the Gap Between the U.S., Europe and the Middle East". A Cocktail Reception will follow.

The venue is Hilton New York, 1335 Avenue of the Americas New York, NY 10019

Deutsche Auslandsinvestitionen - kein unkalkulierbares Risiko! Informationen für die unternehmerische Praxis am Freitag, 26. September 2008

Ansprechpartner, Jeannine Wild,

Große und auch mittelständische deutsche Unternehmen haben in den letzten Jahren massiv im Ausland investiert. Sie haben Produktionsstätten errichtet, sich an ausländischen Unternehmen beteiligt, Vertriebsniederlassungen gegründet und Konzessionen erworben. Diese Engagements sind allerdings nicht völlig frei von politischen und wirtschaftlichen Risiken, die zu erheblichen finanziellen Verlusten führen können. Politisch motivierte Eingriffe an ausländischem Eigentum beschränken sich auch keineswegs nur auf "Exoten"-Länder.

Gerade mittelständische Unternehmen sind sich nicht immer bewusst, dass sie einen großen Teil der Risiken von vornherein durch eine entsprechende Vertragsgestaltung sowie durch die Inanspruchnahme von Garantie- und Kreditprogrammen verringern können. Treten finanzielle Schäden dennoch ein, dann besteht für Unternehmen auf der völkerrechtlichen Ebene die Möglichkeit, durch die Inanspruchnahme eines internationalen Schiedsgerichtsverfahrens ihre finanziellen Interessen auch gegen den Gaststaat der Investitionen durchzusetzen und anschließend das Urteil zu vollstrecken.

Die hochkarätig besetzte Veranstaltung bietet neben einer Einführung in die Schutzmechanismen des Internationalen Investitionsrechts auch Erfahrungsberichte aus unternehmerischer und gerichtlicher Sicht, die durchweg einen engen Praxisbezug herstellen werden. Auch wird die Kreditfinanzierung von Auslandsprojekten und deren Absicherung durch staatliche Garantien thematisiert. Die Veranstaltung

gibt damit einen ausgezeichneten Überblick über die rechtlichen Möglichkeiten zur Stabilisierung und Sicherung deutscher Investitionen im Ausland. Die Veranstaltung findet statt am

Freitag, 26. September 2008 von 10:00 - ca. 17:00 Uhr im Camphausen-Saal der IHK Köln

University of St.Gallen International Dispute Settlement Conference 2 - 3 October

http://www.dispute-settlement.com/

Prof. Dr. Carl Baudenbacher, President of the EFTA Court, will chair this conference which is designed to bring together scholars and practitioners from Europe and the US to deal with issues relating to private and public adjudication. Experts will address questions such as: what should be the extent of the margin of appreciation which enjoy national authorities within the proportionality test; which factors enhance the legitimacy of arbitration rulings; what should be the relation of WTO and EU law to classical international law and national law; how to improve enforcement mechanisms? Conference attendees can expect controversial discussion. In addition, the historic abbey district with its world-famous library (UNESCO World Heritage Site) and the modern conference venues offer a unique atmosphere. The setting offers the possibility to get directly in touch with the speakers during snack and lunch breaks.
University of St.Gallen, Switzerland
More information is available at www.dispute-settlement.com

Außenwirtschaftsrechtstag 2008 Am 16. und 17. Oktober 2008: Rechtsfragen internationaler Investitionen

www.zar-muenster.de

Das Zentrum für Außenwirtschaftsrecht veranstaltet den diesjährigen Außenwirtschaftsrechtstag zu Rechtsfragen internationaler Investitionen. Die Vorträge von Referenten aus Politik, Universität und Anwaltschaft behandeln unter anderem die wirtschaftliche Bedeutung grenzüberschreitender Investitionen, den völkerrechtlichen Enteignungsschutz, den multilateralen Investitionsschutz, dessen Verhältnis zum Menschenrechts- und Umweltschutz, die Zuständigkeit der Europäischen Union zum Abschluss von Investitionsschutzabkommen, die Streitbeilegung nach Maßgabe der ICSID-Regeln sowie die Problematik der Contract claims vor internationalen Schiedsgerichten. Das am Institut für öffentliches Wirtschaftsrecht ansässige Zentrum für Außenwirtschaftsrecht lädt alle Interessierten zur Teilnahme ein. Die Tagung findet im Freiherr-von-Vincke-Haus der Bezirksregierung am Domplatz 36 statt.

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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.

25th AAA/ICC/ICSID Joint Colloquium on International Arbitration - November 14

http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=News%20Releases&pageName=Archive_%20Announcement36

On November 14, 2008, the American Arbitration Association (AAA) will host the 25th Joint Colloquium on International Arbitration, which is co-sponsored by the International Court of Arbitration of the International Chamber of Commerce (ICC) and ICSID.

MOVES / JOBS

ICSID Secretary-General Position (respond before September 7 2008)

August 1, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement13

Under the ICSID Convention, the Secretary-General of the Centre is elected by the Administrative Council on the nomination of its Chairman, the President of the World Bank. The Convention provides for the Chairman to make the nomination after consulting the members of the Administrative Council.

In the past, the General Counsel of the World Bank was nominated and elected also to fill the position of ICSID Secretary-General. It has now been decided to separate the two positions, in view of the growing demands on both.

...

Dorsey repairs London litigation with Eversheds hire

August 12, http://www.thelawyer.com/cgi-bin/item.cgi?id=134208&d=415&h=417&f=416

Eversheds' former London litigation chief Tim Maloney has defected to US firm Dorsey & Whitney, where he joins as a partner. Maloney, who takes up his post at Dorsey on 14 August, has been drafted in to strengthen the Minneapolis-headquartered firm's dispute offering in London.

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Dentons sends new partner to Dubai

August 12, http://www.thelawyer.com/cgi-bin/item.cgi?id=134209&d=415&h=417&f=416

Denton Wilde Sapte is ramping up its Middle Eastern presence by sending a newly-promoted London partner to Dubai. Dispute resolution lawyer Paul Stothard was made up on 1 August and is due to move to Dubai next month to head the office's international arbitration unit.

...

Kenneth Lee joined Hughes Hubbard & Reed LLP as a partner in New York

Mr Lee has practiced at Thacher Proffitt & Wood LLP and Cravath, Swaine & Moore LLP. Lee covers securities and commercial litigation, international arbitration and intellectual property litigation.

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Samuel Moss joins Lalive Avocats Genève

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

The firm is pleased to welcome a new associates, Samuel Moss. Mr Moss has studied law at McGill University in Montreal and is certified for admission in New York. He is a former legal counsel at the Permanent Court of Arbitration in The Hague. Mr Moss joins our international dispute resolution team.

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London QC Stuart Isaacs plans adjunct office at Singapore

July 17, http://www.singaporelawwatch.sg/remweb/legal/ln2/rss/legalnews/57891.html?utm_source=rss%20subscription&utm_medium=rss

(HT: V. Inbavijayan)

Stuart Isaacs - the first QC from London authorised by Singapore's Attorney General to practise as a foreign lawyer here - said that he had been 'encouraged to do it by VK Rajah because I think he sees it as consistent with his plans for the legal profession in Singapore.'

...

Mr Isaacs said that the immediate problem was 'there's a shortage of people to help develop Singapore as an arbitration centre.

...

More information can also be found at http://www.stuartisaacsqc.com/

Simmons & Simmons expands its international disputes group with a new partner appointment in China

July 15, http://www.simmons-simmons.com/index.cfm?fuseaction=news_room.release_item&page=3571

Simmons & Simmons has expanded its China disputes group with the appointment of partner, James Kwan.

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Création de Laude Esquier Champey: un cabinet d'avocats dédié à la résolution des litiges.

July 10, http://www.lawinfrance.com/articles/Creation-de-Laude-Esquier-Champey.html

Olivier Laude, Richard Esquier et Victor Champey annoncent la création de leur cabinet d'avocats dédié au contentieux, au droit pénal des affaires et à l'arbitrage.

L'ambition affirmée des 3 associés est de mettre au service de leurs clients, dirigeants et groupes de sociétés, une structure de référence en matière de résolution des litiges, en favorisant une approche fondée sur une vision stratégique des affaires et appuyée par une expertise technique de haut niveau.

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L'équipe d'arbitrage international de Dechert s'accroît avec l'arrivée de Daniel Gal à Londres.

June 6, http://www.lawinfrance.com/articles/L-equipe-d-arbitrage-international.html

Après le développement de son équipe arbitrage international à Paris et l'arrivée en avril dernier d'Anne Marie Whitesell, ancienne secrétaire générale de la Cour internationale d'arbitrage de la CCI, le cabinet d'avocats d'affaires Dechert se tourne désormais vers le Royaume-Uni avec l'arrivée de Daniel Gal.

Monsieur Gal, qui rejoint Dechert en tant qu'associé à Londres, a représenté de nombreux clients devant les principales institutions d'arbitrage international. Il est spécialisé dans les litiges multi-juridictionnels et a représenté des sociétés européennes, américaines, brésiliennes et russes pour des arbitrages dans des secteurs aussi variés que l'industrie minière, l'énergie ou la production de fibres optiques.

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BOOKS

ICC debuts book on interest claims in arbitration

http://www.iccbooks.com/Product/ProductInfo.aspx?id=498&cid=109

When a claim is being decided in arbitration, the last item to be set is interest on a claim. But it is far from the least important. New from the ICC Institute of World Business Law, Dossier V: Interest Auxiliary and Alternative Remedies in International Arbitration provides legal professionals with the latest methods on interest claims.

Based on the proceedings of the annual meeting of the ICC Institute, Dossier V addresses a wide range of possible remedies aimed at better managing the time period between when the damage occurs and full compensation is granted. Some of the new approaches covered, based on input from the world's top legal experts, include: assessing lump sums, judicial penalties, setting interest levels, contract enforcement, and comparative approaches among national legal systems.

"It is essential to have a clear approach for rightly assessing the time value of money, so as to adjust the amount of the damage suffered to reflect present-day monetary values. There are many factors to this evaluation - and the purpose of the present Dossier of the Institute is to cover as many as possible," Serge Lazareff, Chairman, ICC Institute of World Business Law, wrote in the book's foreword.

Dossier V is edited by Felip De Ly and Laurent Lévy. Other contributors include the following experts: Antonias Dimolitsa, John Beechey, Andrea Giardina, John Yukio Gotanda, Gabrielle Kaufmann-Kohler, Alexis Mourre, V.V. Veeder, and Thierry Sénéchal.

The publication of Dossier V is in line with the mission of ICC's Institute of World Business Law: to act as a think tank and training resource for ICC in arbitration.

ICC's Institute of World Business Law draws together the finest minds in the legal profession and offers training in international business law and arbitration to jurists, executives, and academics.