issue #23, week 35. 28 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

Kyrgyz court dismisses case against Centerra project

August 26, http://cnrp.ccnmatthews.com/client/centerra/release.jsp?year=2008&actionFor=893512&releaseSeq=0

Centerra Gold Comments on Kyrgyz Republic Court Decision

Centerra Gold Inc. (TSX:CG) stated that according to available information the Bishkek Inter District Court of the Kyrgyz Republic today dismissed a lawsuit filed by a Vice-Speaker of the Parliament, K.S. Isabekov, against the Government of the Kyrgyz Republic relating to the Company's Kumtor project. The lawsuit sought to annul the Government's decree approving the December 31, 2003 agreements implementing the restructuring of the project; the 2003 agreements giving effect to the restructuring, including the Investment Agreement and the Concession Agreement providing for Kumtor's right to explore and develop the main Kumtor deposit within the Kumtor concession area; and the Government's decree approving the 1993 Concession Agreement and the 1993 Concession Agreement itself.

Centerra is continuing to hold discussions with the Government working group responsible for Kumtor. As previously reported, Centerra and the Kyrgyz Republic agreed to a limited postponement until September 29, 2008 of the international arbitration proceedings initiated by the Company. The Kyrgyz Republic has taken the position in the arbitration that, among other things, the 2003 Investment Agreement required but did not receive Parliamentary approval and therefore is not in effect. The Company therefore cautions that the court's ruling today does not resolve the principal matters at issue between the Company and the Kyrgyz Republic.

Today's court ruling also has no effect on the previously reported June 17, 2008 decision of the Inter District Court to invalidate the Southwest and Sarytor mining licenses and the Kumtor exploration license. That decision, while under appeal, remains in effect.

Mine operations continue in the concession area and gold production remains uninterrupted.

Nigeria: Fashola Seeks Inclusion of Arbitration Practice in Country Law

August 27, http://allafrica.com/stories/200808270456.html

GOVERNOR Babatunde Fashola of Lagos State yesterday canvassed the inclusion of arbitration practice in the curriculum of the Nigerian Law School. Fashola said the inclusion of the practice would stimulate a healthy business environment in the country.

His call came on the heel of the move by the National Council of Legal Education to overhaul the curriculum of the nation's law school, declaring to release the new curriculum for the school in October.

...

Bolivia irá a arbitraje ante demanda de Telecom

August 27, http://mensual.prensa.com/mensual/contenido/2008/08/27/uhora/negoc_2008082708395330.shtml

LA PAZ, Bolivia (EFE).- Bolivia irá al arbitraje ante el Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (CIADI) ante la demanda de la empresa italiana Telecom por la expropiación de sus acciones en la compañía de telecomunicaciones Entel, informó hoy el diario La Razón.

Business dispute mushrooms into costly test of arbitration

August 26, http://www.miamiherald.com/business/story/657648.html

If the dispute between Americatel and El Salvador's dominant telecommunications company were a boxing match, Americatel should have won a knockout. Americatel El Salvador won an arbitration against Compañía de Telecommunicaciones de El Salvador -- or CTE -- to allow greater access to the Salvadoran market. It also got the green light from a federal judge in Miami to collect some $12 million in compensation.

But CTE didn't stop fighting. The company has appealed the arbitration decision all the way to the Supreme Court in El Salvador and is taking the U.S. bout to the federal appeals court in Atlanta. Riding on the outcome is more than just prying open lucrative Central American telecommunications markets.

...

R&E going on legal offensive

August 26, http://www.fin24.com/articles/default/display_article.aspx?ArticleId=1518-24_2382615

Suspended mining investment group Randgold & Exploration has issued a slew of claims against those it alleges have defrauded it or benefited from that fraud as talks with sister company JCI to settle claims worth billions of rands fail and they head into arbitration.

R&E and JCI had agreed to set aside merger plans and agreed a memorandum of understanding to reach a settlement agreement on 22 July as a way to avoid costly and time consuming litigation. The extended deadline has passed and no resolution has been achieved.

...

Venezuela: Infinito will advance arbitration process on Las Cristinas

August 25, http://www.cnw.ca/fr/releases/archive/August2008/25/c6709.html

Infinito Gold Ltd. (IG, TSX Venture Exchange) ("Infinito Gold" or the "Company") is pleased to announce that the International Center for the Settlement of Investment Disputes ("ICSID") has issued a Decision on Jurisdiction ("Decision") in the matter of the arbitration between the Company and the Bolivarian Republic of Venezuela ("Venezuela") dated August 22, 2008. The Decision concludes the process commenced in July of 2006 when Venezuela raised objections to the Arbitral Tribunal's jurisdiction to rule on the Las Cristinas case pursuant to the Agreement Between the Government of Canada and the Government of the Republic of Venezuela for the Promotion and Protection of Investments.

Venezuela raised four objections pertaining to the jurisdiction of the Arbitral Tribunal and the Decision states that three of these objections are dismissed and one will be joined to the merits of the case. The Company maintains, among other things, that its rights to mine Las Cristinas were expropriated in a discriminatory manner and without prompt, adequate and effective compensation by Venezuela after an investment of approximately US$185 million for the exploration and development of the properties that led to a determination of reserves in excess of 12 million ounces of gold and over 1 billion pounds of copper. The Company is requesting restitution of its contractual rights to mine the property plus damages or, in lieu of restitution, monetary damages of approximately US$ 1.1 billion representing costs and lost profits.

The Arbitral Tribunal has indicated that, after consultation with the parties involved, it will issue an Order for the further procedure which will mean a re-commencement of the arbitration merits process that was suspended in July of 2006 when the jurisdictional issue was raised by Venezuela.

While the company is confident in the validity of its position, there can be no assurance that it will be successful in all, or part, of its claims and any award granted will be shared with other parties according to pre-existing contractual agreements.

Yemen Pays $23 Million in Compensations to US Hunt Company

August 25, http://www.yemenpost.net/44/LocalNews/20087.htm

Sources at Yemeni Oil Ministry announced that the Paris-based International Chamber of Commerce (ICC) ruled for canceling any claim of any new legal agreement between Hunt Oil Company and Yemeni government.

The ICC ordered dropping the compensation claim of Hunt amounting to $3.3 billion. It also ordered canceling the counter-claims by the Yemeni government.

A reliable source at the Ministry of Oil and Minerals stated last Friday that the ruling required the Yemeni government to pay $22.9 million as well as 5 percent in interests, hinting the government settled these amounts immediately after issuing the judgment.

...

Orascom and France Telecom agreed to settle their disputes in the International Court of Arbitration

http://www.cellular-news.com/story/33212.php

...

There have been strained relations between Orascom and France Telecom, with the latter initiating legal action against FT last December due to disagreement over the strategy of MobiNil. Both companies have agreed to settle their disputes in the International Court of Arbitration.

...

Case comment: E.T.I. Euro Telecom International N.V. v. Republic of Bolivia and Empresa Nacional de Telecommunicaciones ENTEL S.A. (S.D.N.Y. July 30, 2008)

http://www.asil.org/ilib/2008/08/ilib080814.htm#j3

Plaintiff ETI, a Dutch corporation, entered into a series of agreements with Defendant Entel, a privatized Bolivian telecommunications company, whereby ETI acquired 50% ownership of Entel's shares, with Bolivia obtaining the remaining 47.5% shares (the remaining shares are held by domestic shareholders and Entel employees). Entel later distributed about $400 million in capital to its shareholders without incurring any tax liability. In 2006, the presidency in Bolivia changed, prompting the new government to impose a $26 million tax liability and a $30 million penalty and interest payment on Entel for the capital distribution.

...

Zambian copper miners would go to international arbitration to enforce agreements

August 22, http://www.businessday.co.za/articles/companies.aspx?ID=BD4A827884

...

Zambia introduced a windfall tax on copper profits in April though Metorex and some other miners had agreements in place capping tax for years. Needham said Zambian copper miners would if necessary go to international arbitration to enforce agreements.

...

Statement Responding to the Government of Ecuador's Offer to Mediate in Ongoing Trial

August 15, http://www.chevron.com/news/press/release/?id=2008-08-15

On August 9th, Ecuador's President Rafael Correa offered to facilitate settlement discussions between Chevron and the Amazon Defense Coalition in order to resolve the ongoing civil lawsuit underway in Ecuador. The mediation offer was repeated by Ecuador's Attorney General Diego Garcia in an interview with Reuters on Wednesday. In response, Chevron issued the following statement:

"Chevron desires to have a fair and complete resolution to the Lago Agrio case. In 2004, we requested that Petroecuador engage in arbitration. The Republic of Ecuador and Petroecuador have sued Chevron to prevent such a conversation. Chevron remains open to an amicable solution, but such a dialogue would need to include discussion of Petroecuador's unfulfilled contractual obligations and a commitment from the Ecuadorian state to stop interfering in the ongoing trial."

Note to Editors

For more information on the arbitration, please see http://www.texaco.com/sitelets/ecuador/en/legalarchives/Arbitration.aspx

Chevron is requesting that Petroecuador fulfill contractual obligations to the company. They are:

1. Assume its contractually-mandated share of litigation expenses

2. Provide adequate assurances that it will indemnify Chevron for any potential adverse judgment

3. Provide adequate assurances that it will undertake and fund any additional remediation activities that the court or any other competent body requires be undertaken

Interference on the part of the Ecuadorian state has been undeniable. In Ecuador, where the International Bar Association has concluded that "there is a serious politicization of the judiciary" and "that in many cases no effective independence exists," such pronouncements have a profound effect on a trial.

Arturo Torres, editor of the judicial section of El Comercio, an independent Ecuadorian newspaper, told Dow Jones Newswires that, "Judges fear ruling in any way that could be seen as going against Correa." He also said, "They know they can lose their position and that they can be called traitor to the country."

Examples of the Republic of Ecuador exerting its influence include:

March 20, 2007 - Dow Jones Newswire: "The support from the government will translate into help in gathering proof and support for the population directly affected by the contamination Texaco produced," Correa said in a press release.

March 26, 2007 - CRE Radio, program Noticias: "We met with our friends that have fought for many years in the Amazon against Chevron Texaco. Our friends can be certain that they have the entire support of the country in which is considered one of the largest disasters in history: the spills, the waste, the pits that were left by ChevronTexaco during its disastrous operation in the country." - President Rafael Correa

April 26, 2007 - AP Newswire: "No remediation was done here, they just covered all the waste," expressed Correa in support of the plaintiffs' judgment. It is the first demonstration of support of an Ecuadorian president in this cause.

April 28, 2007 - Radio Caravana (Presidential Radio Network): "Here we have Chevron-Texaco's attorneys, these lawyer turncoats, who for a fistful of dollars are capable of selling their souls, their country. We also have people from Petroecuador who in 1998 signed an agreement declaring everything had been remediated, when many of these pits had not been even covered.

"I hereby call the Attorney General to present a report to the General Comptroller's Office establishing criminal responsibilities against Petroecuador's officials who signed this nonsense. They said everything was remediated when nothing had been done. I ask that this cause is processed and criminal indictment against these corrupt turncoats is started, because despite contamination could be seen, they said everything was remediated.

"I want to take this opportunity to show my solidarity to our fellow countrymen in the Amazonía, especially Luis Yanza and those who have fought for justice. Our dear friends Luis and Pablo, you have set an example for everyone." - President Rafael Correa

January 19, 2008 - President Correa's weekly radio program: "We continued with our regular office activities and then received representatives of the Amazon Defense Front who have been fighting for decades against ChevronTexaco; they have all the support of the National Government."

August 7, 2008 - Dow Jones Newswires: The Correa administration's position on the case is clear: "The pollution is result of Chevron's actions and not of Petroecuador." - Ecuador's Attorney General Diego Garcia

Danone's non-contract spirit may get it routed

August 20, http://english.people.com.cn/90001/90778/90857/90860/6481262.html

"In the recent situation, Danone may encounter total failure in both mainland and overseas legal proceedings," commented Zhang Malin, a professor from Southeast University's Law Department.

On May 7, 2007, THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE (SCC) rejected two of the three interim measures proposed by Danone. The only one issued had an additional requirement. The tribunal asked Danone to produce an undertaking in 15 days, stating that if Danone's final arbitration request is rejected and the respondents can prove that they suffered losses during the interim measure, Danone Asia and its subsidiary companies would cover the damages if the tribunal were to make the order.

...

Venezuela's Chavez calls Cemex executives disrespectful; cement maker seeks arbitration

August 21, http://www.canadianbusiness.com/markets/mas_ipos/article.jsp?content=D92N1T380

President Hugo Chavez lashed out at Mexican cement company Cemex on Thursday, calling its executives irresponsible and disrespectful after they vowed to seek international arbitration over the nationalization of their Venezuelan unit.

...

Ternium Clarifies Status of Sidor Nationalization Process [pdf]

August 20, http://www.ternium.com/files/PR-Sidor20ago08en.pdf

Ternium S.A. (NYSE: TX) announced today that, following the expiration of the term for the negotiation of the conditions on which all or a significant part of Ternium's interest in Sidor will be transferred to the Republic of Venezuela, the negotiations with the Venezuelan government are still under way.

Ternium continues to reserve all of its rights under contracts, investment treaties and Venezuelan and international law and to evaluate its options in realizing the fair value of its interest in Sidor

CEMEX will submit a complaint seeking international arbitration

August 20, http://cemex.com/qr/mc_pr_082008.asp

CEMEX, S.A.B. de C.V. (NYSE: CX) announced today that it will submit a complaint seeking international arbitration before the International Center for Settlement of Investment Disputes following the Venezuelan Government's confiscation of assets, deprivation of rights of CEMEX Venezuela as well as the initiation of the expropriation of CEMEX's business.

CEMEX believes the confiscation and subsequent start of the expropriation process is a flagrant violation of the Constitution, Law of Expropriation and other laws of Venezuela. CEMEX also believes the Venezuelan Government's actions highlight a lack of respect for the principles of international law and the treaties relating to reciprocal protection of investments which forbid the occupation of goods and deprivation of rights without fair and effective compensation and without an expropriation procedure.

CEMEX has always been respectful of legally based sovereign decisions, as well as the legal and regulatory frameworks that exist within the countries in which it maintains an operational presence, but it has an obligation to its shareholders to defend its business interests.

After careful analysis, CEMEX determined that it could not accept the compensation proposal offered by the Government of Venezuela as part of its ongoing process to nationalize its assets. CEMEX believes that the offer of US$650 million significantly undervalues its business in Venezuela.

In addition, the offer presented to CEMEX is lower, proportionally, than the ones offered to the European cement companies, considering value per ton of installed capacity and EBITDA multiple.

CEMEX has always been open to engage in dialogue with the Government of Venezuela and intends to continue to seek an equitable resolution for all parties.

Chavez nationalizes foreign owned cement plants

August 19, http://www.eitb24.com/noticia/en/B24_108312

Venezuela seized foreign owned cement plants on Tuesday, a show of strength as President Hugo Chavez moves forward with a plan to make South America's top oil exporter a socialist society.

To cheers from workers gathered at the gates, Venezuela took control of installations belonging to Mexican giant Cemex on the dot of midnight after failing to reach a deal in cement nationalization talks.

...

Sudan appoints two members of Abyei arbitration court

August 16, http://www.sudanjem.com/en/index.php?page=news.full&id=11347

The government of Sudan has designated two members of The Hague international arbitration court to settle difference over the findings of Abyei Boundary Commission.

In a meeting held in Juba on June 21 the two peace partners agreed last June to refer their dispute over the Abyei permanent boundaries to "final and binding arbitration under the Permanent Court of Arbitration Optional Rules" for arbitrating disputes between two parties of which only one is a state.

...

RusAl to Sue LUKoil Over Coke

August 14, http://www.moscowtimes.ru/article/600/42/369787.htm

"Since April 2008, LUKoil has reduced the supply of oil coke to RusAl's largest aluminum smelters by almost two times and as a result has not been fulfilling its long-term contractual obligations," RusAl said in a statement. Oil coke is used in the production of anode paste and anodes at aluminum smelters.

RusAl spokeswoman Yelena Shuliveistrova confirmed that the lawsuit had been filed with the Moscow Arbitration Court.

...

Israel Ministries unveil new investment law to bolster periphery

http://www.haaretz.com/hasen/spages/1010255.html

The Finance Ministry and the Ministry of Industry, Trade and Labor have have completed a new version of the Law for the Encouragement of Capital Investment, which is intended to strengthen locales in the peripheral areas of the country and to create 7,000 new jobs in those areas within four years.

...

Angola: Investment incentives include tax exemption for up to 16 years for less developed regions

http://www.macauhub.com.mo/en/news.php?ID=5789

A new Angolan law regarding private investment, aimed at attracting investment, grants important incentives, such as tax exemption of up to 16 years for investors that opt for the less developed regions of Angola, particularly Namibe (south).

Interest in Angola on the part of overseas companies runs across various sectors, but construction, relating to priority infrastructures, would receive the most incentives, said Rita Correia, partner at Miranda Correia e Associados law firm, speaking to the Semanario Economico in Lisbon.

...

Editorial Commentary: Will Supreme Tribunal of Justice have a flash of sanity?

http://www.petroleumworld.com/Ed08081301.html

Revealing its displeasure over the two arbitration cases before US courts filed by ExxonMobil in legitimate defense of its rights, the Bolivarian Government is trying to get its acolytes at the Supreme Tribunal of Justice (TSJ) to fabricate a "legal" solution that would eliminate the possibility of being brought before international arbitration courts in the future.

This week it was reported that the legal advisors of PDVSA and the Ministry of Energy and Oil requested the TSJ for an interpretation of Article 258 of the Constitution (which promotes arbitration) and Article 22 of the Investment Promotion and Protection Law (which guarantees the right of investors to settle disputes via arbitration).

...

Arbitration Results in Loss for Air Transport Services Group (ATSG)

http://www.aircargoworld.com/break_news/08122008b.htm

Air Transport Services Group increased revenue 40 percent in the second quarter but lost money as a consequence of an arbitration ruling. The provider of air cargo transportation and related services ended the quarter with a loss of $526,000 compared with a profit in the comparable quarter last year of $4.5 million. Revenue of $394.9 million got an $89 million boost from the acquisition of Cargo Holdings International at the end of 2007.

Much of the loss was the result of an arbitration ruling in July, which held that subsidiary ABX Air was not entitled to reimbursement from DHL for $2.5 million in non-recurring expenses related to fending off an attempt last year by ASTAR to buy the company.

...

CzechRep loses arbitration to Diag Human, is to pay 8.33 billion

August 14, http://www.ceskenoviny.cz/news/index_view.php?id=328014

The Czech Republic has lost an arbitration dispute with Diag Human and must pay 8.33 billion crowns to it, Novinky.cz server reports today. Diag Human demanded 14 billion crowns in compensation for the state having allegedly destroyed its lucrative deals with blood plasma in the early 1990s.

The case was triggered by a letter that then health minister Martin Bojar wrote to the Danish company NovoNordisk in 1992 after which the firm cut cooperation with Diag Human.

More than a half of the sum that the Czech Republic is to pay to Diag Human under the arbitration award are interests. The above sum is compensation as from July 2007. Since then it has been increasing by another interest of about 1.3 million a day.

...

First Quantum continues to obtain legal advice

August 13, http://www.miningweekly.com/article.php?a_id=140711

LSE- and TSX-listed First Quantum Minerals, which operates in the Democratic Republic of Congo (DRC), Zambia and Mauritania, second-quarter profit has increased by 69% to $208-million, it reported this week.

...

First Quantum said that the way that the new Zambian taxes have been accounted for, resulted in an increase in total costs, with an offsetting tax recovery recognised in operating profit.

The Zambian government announced the changes to the tax regime for mining companies in January, and these changes took effect from April.

...

First Quantum said that it continued to obtain legal advice on its rights of recovery of taxes levied in excess of those permitted under the Development Agreements, and was engaged in discussions with the Zambian government to find alternative solutions to arbitration or litigation.

...

Arbitration in Dubai emerging as next sweet spot for law firms

August 15, http://asia.legalbusinessonline.com/news/breaking-news/25707/details.aspx

As the legal fraternity in the United Arab Emirates (UAE) bulks up from the rush of foreign solicitors to fill the seemingly insatiable demand for legal services, arbitration is emerging as the next gap to address.

"There is increased work in arbitration in the UAE. Last year, there was a record of 77 new arbitration cases that were referred to the Dubai International Arbitration Centre (DIAC) last year and 80% of the cases were construction related," said James Kwan, an energy and infrastructure partner at Simmons & Simmons who specialises in arbitration. This year so far, 55 new cases were brought to DIAC.

...

Brunei Ready To Become Arbitration Hub

August 8, http://www.brudirect.com/DailyInfo/News/Archive/Aug08/180808/nite03.htm

Brunei Darussalam, with its neutral ground and safe jurisdiction, is ready to become a hub for the resolution of any arbitration disputes.

This was said by Deputy Minister of Industry and Primary Resources Dato Paduka Haji Hamdillah bin Haji Abdul Wahab in his keynote speech on the second day of the International Arbitration Conference and 2nd Regional Arbitral Institute Forum yesterday.

...

The Netherlands sign Bilateral Investment Treaty with Macao

May 27, http://www.minbuza.nl/verdragen/en/news,Ondertekening-IBO-Macau.html

On 22 May 2008 representatives of the Kingdom of the Netherlands and the Macao Special Administrative Region of the People's Republic of China signed an Agreement on Encouragement and Reciprocal Protection of Investments.

...

Law Students of Stanford University Visit CIETAC

http://www.cietac.org/english/news/news28.htm

An eighteen-member delegation from the Law School of Stanford University visited CIETAC on August 14, 2008. Mr. Yu Jianlong, Vice Chairman and Secretary-General of CIETAC received the visit together with relevant CIETAC staff members.

"As CIETAC is among the most important arbitration institutions in the world", said Prof. Gechlik, the head of the delegation, "many law students of Stanford had longed to pay a visit to this renowned Chinese institution".

Mr. Yu Jianlong briefed the delegation about the history, the organization, and the categories of cases arbitrated by CIETAC. He also introduced the development made by CIETAC in recent years by quoting certain statistics. His introduction aroused the students' interest, which led to questions concerning when and why CIETAC was established; the qualifications to be a CIETAC arbitrator; procedure of interim measures; enforcement of arbitral awards as well as the competitiveness of CIETAC arbitration fees etc. CIETAC representatives answered their questions and had interactive discussions with the delegation.

Prof. Gechlic summarized that they were very much impressed with the meeting. They thought such discussions helped the students get a clearer picture of CIETAC arbitration and Chinese arbitration practice. They also expressed their hope to have internship opportunities with CIETAC in the future.

WEBLOGS

Chinese Litigation: This Is The Way (Uh Huh) We Like It

August 20, http://www.chinalawblog.com/2008/08/why_we_love_chinese_litigation.html

When we draft contracts in China, our foreign company clients usually instruct us to have the contract be governed by foreign law and for any disputes to be decided by arbitration, preferably outside of China. This is often a mistake. One major reason is that when any form of arbitration is required, the plaintiff has no access to the very effective prejudgment remedies available within the Chinese litigation system.

PODCASTS

IDN - 39 Mediating with Hard Negotiators: John Wade, Part II

http://www.cpradr.org/tabid/45/articleType/ArticleView/articleId/383/Default.aspx

Australian mediator John Wade returns to IDN to discuss mediation strategies to get around the hard bargainers, the obstructionists, the stone-wallers, and the naysayers.

EVENTS

Specialised Arbitration & Advocacy Skills in International Oil & Gas Disputes

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

ADR PROFICIENCY CERTIFICATION TRAINING PROGRAMME IN PREVENTION AND EARLY RESOLUTION OF WORKPLACE & COMMUNITY CONFLICTS 19-20 September 2008

http://www.yenagoamediationcenter.org/

VENUE: Ayotio Conference Center, Hall
Ididie Hotel, Ekeki-Yenagoa,
Bayelsa State, Nigeria
DATE: 19-20 September 2008

FOR WHOM: ADR Practitioners, ADR Students, Executives and Senior Management Personnel in private and public sectors. Leaders, community leader, NGO Managers, judges, Magistrate & Heads of Chambers, Diplomats, Human Resources Managers, Lawmakers, Prosecutors, Law Enforcement Agents, Senior Labour and Union leaders.

The 2-day ADR training is designed for those who want to improve their dispute resolution skills, become mediators professionally or mediate within their company and community

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

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.

Dispute Resolution: Making Arbitration Deliver

http://www.centaurconferences.co.uk/brands/thelawyer/events/arbitrationdisputeresolution/overview.aspx

Two Day Conference, 21st & 22nd October 2008. London, UK.
Masterclass, 23rd October 2008

This conference will incite effective dialogue between senior in-house counsel, private practice law firms, arbitrators and other stakeholders in the arbitration process, fostering debate on arbitration today and how it will deliver in the future. Across both days, delegates will hear a combination of case studies and expert presentations providing them with the tools required to meet the challenges and take advantage of the opportunities provided by arbitration today.

Highlights will include:

For further information or to register:
Call +44 (0) 20 7970 4770
Visit www.thelawyerconferences.com

ADR Ask & Answer, October 29

http://www.adr.org/email/ask-answer746/ask-answer746.html

Location: Fordham Law School, Amphitheatre, New York City.

Instead of a speaker-driven agenda with a short Q & A at the end, audience members will have the opportunity to shape the program by submitting compelling questions ahead of time. The audience of accomplished advocates and arbitrators, as well as the moderators —themselves expert in AAA arbitration—will respond. With this format, you will share your insights, learn from and interact with your colleagues.

ICC International Commercial Mediation Competition, 7 - 12 February 2009

Given the success of the last three editions of the ICC International Commercial Mediation Competition, the ICC has decided that this Competition should become an annual event.

The 4th International Commercial Mediation Competition will be held in Paris from 7 and 12 February 2009.

Information about last years event can be read here http://www.iccwbo.org/iccbjeig/index.html

FIAA International Arbitration Advocacy Workshop: Questioning of Fact Witnesses in International Arbitration. March 12 - 14 March 2009

http://www.fiaa.com/programs.html

This learning-by-doing workshop is designed to provide international arbitration practitioners with the fundamentals of examining and cross-examining fact witnesses based on a mock arbitration case.

Program and Registration Details

For more information on FIAA's upcoming International Arbitration Advocacy Workshops, please contact us at info@fiaa.com and you will be provided with complete program and registration details when available.

FIAA International Arbitration Advocacy Workshop: Questioning of Expert Witnesses in International Arbitration. November 19 - 21 2009

http://www.fiaa.com/programs.html

This learning-by-doing workshop is designed to provide international arbitration practitioners with advanced skills and techniques for examining, cross-examination and witness conferencing involving expert witnesses.

Program and Registration Details

For more information on FIAA's upcoming International Arbitration Advocacy Workshops, please contact us at info@fiaa.com and you will be provided with complete program and registration details when available.

PEOPLE / MOVES / JOBS

Richard E. Walck awareded Certified in Financial Forensics (CFF) designation

http://www.gfa-llc.com/

Mr. Walck has recently been awarded the CFF designation - Certified in Financial Forensics - by the American Institute of Certified Public Accountants. The CFF designation was designed to provide recognition and credentialing to experienced AICPA members specializing in the application of accounting and finance to forensic investigation and litigation/arbitration matters.

Richard Walck is the founder and President of Global Financial Analytics LLC, a consultancy providing financial analysis and expert witness services in investment treaty and commercial arbitration and litigation. He has more than thirty years of experience consulting and testifying on a variety of matters in State and Federal courts, as well as in ICC, ICDR, UNCITRAL, ICSID, AAA and ad hoc proceedings.

Paul Stothard steps up to partnership and boosts international arbitration capabilities in the Middle East

August 11, http://www.dentonwildesapte.com/en/Press%20Release/paulstothardstepsuptopartnershipandboostsinternationalarbi.aspx

Denton Wilde Sapte has appointed international arbitration specialist Paul Stothard to the firm's partnership. Paul will also move to the firm's Dubai office from 14 September 2008.

"Paul has played a leading role on many of our significant international arbitration matters and richly deserves this promotion to the partnership. His secondment to Dubai is part of a strategic move to develop our resources for advising on international arbitration matters throughout the region," says Dispute Resolution department joint head Liz Tout.

Paul will work with the firm's arbitration experts in its Dubai office to provide comprehensive arbitration services for all eight offices in the firm's Middle East network.

...

Simmons & Simmons strengthens Asia-Middle East ADR practice with new Hong Kong partner

http://asia.legalbusinessonline.com/news/breaking-news/25588/details.aspx

To boost the support for Asian clients who are increasingly investing in the Middle East and Middle Eastern clients who are looking to do business in Asia, Simmons & Simmons has brought onboard dispute resolution expert James Kwan as a partner of its China Disputes Group team. Kwan has advised on disputes over energy sales and joint operation agreements in Asia, and oil concession agreements in the Middle East.

...

BOOKS

Investment Treaty Arbitration and International Law

TJ Grierson Weiler, Editor
Price: $125.00 350 pages. 1 Hardcover. Index. Published August 2008.
ISBN-13: 978-1-933833-18-7

About the Book: The number of investment treaty arbitration cases filed each year is increasing rapidly.

This publication contains the papers and proceedings of Juris Conferences first annual conference on Investement Arbitration and reflects a trend that also exists in investment treaty arbitration: a coming together of the new and the familiar. The conference format included a group of ten 'up and coming' members of the treaty arbitration bar, who drafted the papers that appear in the chapters of this book. The topics of their papers were discussed and debated amongst a group of treaty arbitration veterans, many of whom are currently drafting the awards and essays that have and will form the corpus of international investment law. Their contributions to this project can be found in the five session transcripts also contained within this volume.

The five topics addressed in this volume are certainly contemporary but should nonetheless remain relevant to practitioners and academics for years to come. They include:

Contributors include:

Roberto J. Aguirre Luzi; Gabriel Bottini; Laura Halonen; Walid Ben Hamida; Devashish Krishan; Craig Miles; Noah Rubins; Borzu Sabahi; Anthony C. Sinclair; Sylvie Tabet; Charles H. Brower II; Ian Laird; Paul M. Lalonde; Andrea J. Menaker; David R. Haigh; Arif Hyder Ali; Pieter H.F. Bekker; Andrea K. Bjorklund; Charles N. Brower; David D. Caron; Jack J. Coe, Jr.; Graham Coop; Rudolph Dolzer; Gonzalo Flores; Kaj Hobér; Stephen Jagusch; Carolyn B. Lamm; Uche Onwuamaegbu; Willilam W. Park; Daniel M. Price; Christoph Schreuer; Margrete Stevens; Thomas Wälde; Don Wallace.

The Reasons Requirement in International Investment Arbitration: Critical Case Studies

Edited by Guillermo Aguilar Alvarez and W. Michael Reisman
Publication year: 2008
ISBN 978 90 04 16632 5
Cover: Hardback
Number of pages: 364 pp.
List price: € 149.00 / US$ 149.00

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.

About the author(s)

Guillermo Aguilar Alvarez, who served as chief NAFTA negotiator for Mexico, is a partner at Weil, Gotshal & Manges in New York. W. Michael Reisman is the McDougal Professor of International Law at the Yale Law School.

The Shifting Allocation of Authority in International Law

Edited by Tomer Broude and Yuval Shany.
June 08, 429pp, Hbk, ISBN 9781841137971, price £60 / €90
Discount rate to OGEMID members: £48 / €72, order online at
http://www.hartpub.co.uk/books/details.asp?isbn=9781841137971

This book addresses a broad range of theoretical and practical aspects of the question of allocation of authority in international law and fills a gap in the literature of international legal theory.

OGEMID listserv members can get a 20% discount (contact us for details)

The Shifting Allocation of Authority in International Law Considering Sovereignty, Supremacy and Subsidiarity, Edited by Tomer Broude and Yuval Shany

International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The increased influences of international law and its growing institutionalization and judicialization invites reconsideration of the question how should the authority to make and interpret international law be allocated among states, international organizations and tribunals, or in other words, "who should decide what" in a system that formally lacks a central authority? This is not only a juridical question, but one that lies at the very heart of the political legitimacy of international law as a system of governance, defining the relationship between those who create the law and those who are governed by it in a globalizing world.

In this book, leading international legal scholars address a broad range of theoretical and practical aspects of the question of allocation of authority in international law and debate the feasibility of three alternative paradigms for international organization: Sovereignty, Supremacy and Subsidiarity. The various contributions transcend technical solutions to what is in essence a problem of international constitutional dimensions. They deal, inter alia, with the structure of the international legal system and the tenacity of sovereignty as one of its foundations, assess the role of supremacy in inter-judicial relations, and draw lessons from the experience of the European Union in applying the principle of subsidiarity.

This volume will be of great interest to scholars and practitioners of international law alike.

Tomer Broude is a lecturer in the Faculty of Law and Department of International Relations at the Hebrew University of Jerusalem.

Yuval Shany is the Hersch Lauterpacht Chair in International Law and the academic director of the Minerva Center for Human Rights, both at the Hebrew University of Jerusalem.