issue #25, week 39. 22 September 2008
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

provides a condensed overview of recent events of interest to the international arbitration community.

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Recent issues:

NEWS

HM King Hamad issues royal decrees ...

September 18, http://english.bna.bh/?ID=72810

His Majesty King Hamad Bin Isa Al Khalifa issued two royal decrees today to refer to the parliament a draft law on ratification of an investment promotion and protection agreement between bahrain and brunei and its amended protocol.

The second royal decree stipulates that a draft law on ratification of an agreement to avoid dual taxation as well as income and capital tax evasion between both countries be referred to the parliament.

The two draft laws aim to provide favourable investment conditions for investors from both countries so as to boost trade initiatives and enhance development. The two agreements were concluded in Manama on january 14, 2008.

EWE files for arbitration against VuB

September 18, http://www.datamonitor.com/industries/news/article/?pid=00390931-CDF0-4E75-AB8D-73AD236B9DCD&type=NewsWire

German energy group EWE has filed for arbitration against VNG Verwaltungs- und Beteiligungsgesellschaft seeking a ruling that the latter's bid to terminate the consortium agreement is invalid and that the agreement is still in force.

The respondents are VNG Verwaltungs- und Beteiligungsgesellschaft (VuB) and its shareholders with the exception of Jena-Poessneck. The major VNG shareholder has called on Stadtwerke Jena-Poessneck to join EWE in suing VuB. The sum involved has been set at E300 million. EWE has named Mathias Habersack of Tubingen as arbitrator.

...

Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. ARB/06/11)

The Decision on Jurisdiction (September 09, 2008) English & Spanish is available on the ICSID website http://icsid.worldbank.org/ICSID/

Cambodian government to take border dispute with Thailand to UN

September 16, http://english.people.com.cn/90001/90777/90851/6499747.html

Cambodian Prime Minister Hun Sen will again seek international arbitration in Cambodia's ongoing dispute with Thailand over contested border territory adjacent to Preah Vihear temple, national media reported Monday.

Hun Sen told his cabinet Friday that he plans to take the issue back to the UN Security Council and to the International Court of Justice (ICJ) in Hague, the Phnom Penh Post said.

...

White & Case Obtains Complete Victory in Energy Charter Treaty Dispute

http://www.whitecase.com/news_09152008/

Washington, DC, September 15, 2008 ... An international arbitral tribunal, in a unanimous final award, dismissed all claims against the Republic of Bulgaria and awarded the Republic costs in the first case to reach an award on the merits under the Energy Charter Treaty (ECT) before the International Centre for Settlement of Investment Disputes (ICSID) in Washington, DC. Bulgaria was represented by global law firm White & Case LLP.

Claimant Plama Consortium Limited (PCL), a Cypriot company, acquired shares of Plama AD, a privatized Bulgarian oil refinery located in the city of Pleven. Four years later, in late 2002, PCL filed claims for approximately US$300 million against Bulgaria pursuant to the Bulgaria-Cyprus bilateral investment treaty and the Energy Charter Treaty (ECT), a multilateral treaty with more than 50 signatories that aims to strengthen the rule of law on energy issues. Bulgaria achieved dismissal of jurisdiction over claims arising under the Bulgaria-Cyprus bilateral investment treaty in a frequently cited decision on the jurisdictional implications of a most-favored-nation (MFN) clause. The case then proceeded to the merits under the ECT.

In the award, the tribunal found that the claimant was not entitled to any of the substantive protections afforded by the ECT because PCL's alleged investment was premised on a fraudulent misrepresentation of the identity and qualification of its shareholders.

White & Case partner Abby Cohen Smutny said: "This case is another in an important series of decisions demonstrating that the conduct of investors matters in the investment treaty context. An investor whose investment is premised on the investor's own fraud cannot present claims to an international tribunal about alleged State misconduct."

The tribunal also concluded that each of PCL's substantive claims was lacking merit. The claimant's claims centered on allegations relating to environmental liability of privatized entities, the actions of bankruptcy trustees, an alleged riot at the oil refinery, the taxation of entities exiting from bankruptcy, the privatization of a Bulgarian port facility, the privatization of a formerly state-owned bank, and various alleged conduct of Bulgarian authorities and state-owned entities. The tribunal considered the claims in view of the ECT obligations with respect to fair and equitable treatment, constant protection and security, unreasonable and discriminatory measures, expropriation and other obligations and concluded that even if the claimant had been entitled to the substantive protections of the ECT, the claims were entirely lacking in merit.

Jonathan C. Hamilton, partner of White & Case, said: "The Republic of Bulgaria was completely vindicated. The tribunal found that key allegations in the case in fact demonstrated Bulgaria's affirmative efforts pursuant to the Energy Charter Treaty to create favorable conditions for foreign investors."

In its award, the tribunal also ordered the claimant to pay a significant portion of Bulgaria's legal costs in light of the outcome of the case and the claimant's conduct during the proceeding. In addition to its successes on jurisdiction and the merits, Bulgaria defeated a request for urgent provisional measures to discontinue bankruptcy and other proceedings in Bulgaria.

The case was decided by a three-member tribunal that included Carl F. Salans of the United States (president), Albert Jan van den Berg of the Netherlands and V.V. Veeder of England. Ivan Kondov of the Bulgarian Ministry of Finance led the defense for the Bulgarian state, and Lazar Tomov of Tomov & Tomov in Sofia acted as outside Bulgaria counsel. The White & Case team included partners Abby Cohen Smutny, Jonathan C. Hamilton, Carolyn B. Lamm, Paul D. Friedland and Francis A. Vasquez, Jr.

The case is Plama Consortium Limited v. Republic of Bulgaria (ICSID Case No. ARB/03/24).

Come to London, stay in London

September 10, http://www.thelawyer.com/cgi-bin/item.cgi?id=134411

The Court of Appeal precludes escape from narrow vacatur grounds available under the English Arbitration Act 1996. Despite an insurer's attempt to escape from the few and extremely narrow grounds available under the English Arbitration Act of 1996 to vacate an unfavourable arbitration award, a recent Court of Appeal decision confirmed that an award rendered under the 1996 act can only be challenged under the 1996 act - even where the parties agreed to apply the substantive law of another jurisdiction.

The Bermuda Form Insurance Policy, with its exclusive arbitration clause, is widely used by Fortune 500 US and European companies to insure high-level risk exposure. The form's unique provisions call for dispute resolution pursuant to the 1996 act, but with substantive legal issues decided as a matter of New York law.

...

Kuwaitis seek Sama Dubai arbitration

September 11, http://www.bi-me.com/main.php?c=3&cg=4&t=1&id=24250

Kuwait's Al Arabiya real estate company is seeking arbitration proceedings against Sama Dubai after the government-linked developer blocked the sale of plots in the Lagoons project to Union National Bank.

The case will come as another blow to the nervous Dubai property market, which is reeling from a spate of high-profile detentions on fraud allegations, many of them from the real estate industry. No end to the corruption probe is in sight.

Analysts, meanwhile, predict a correction within a couple of years to the booming Emirate's house prices, which have brought untold riches to many investors but are squeezing the middle-class expatriate workforce as rents soar.

...

Solving Sudan - New Dutch ambassador is optimistic

September 10, http://www.radionetherlands.nl/currentaffairs/region/africa/080910-sudan-dutch

...

Arbitration

A few months ago, fighting broke out between troops from the North and the South in Sudan's principal oil city: Abyei. Instead of plunging the whole region into all-out war, this dispute is now before the International Court of Arbitration, in The Hague.

...

Yemen plans to approve new investment code

September 12, http://www.sabanews.net/en/news163901.htm

An economic source said on Friday that Yemen's government intends to approve a new investment law.

Criticizing the government's step, head of the General Federation of Chambers of Commerce and Industry Mohammed Abdu Saeed claimed that the unapproved investment law would cancel a lot of advantages provided to investors, pointing out that "it is a setback for investment in Yemen if it was approved".

...

South Africa: Witkop / Honeywell dispute, hearing on October 27

September 10, http://www.miningweekly.com/article.php?a_id=142823

...

HONEYWELL DISPUTE

Sallies also stated that its ongoing legal dispute with US firm Honeywell, which started in 2006, continued to lead to high legal costs. In 2006, the miner had entered into an arbitration process, as it had cancelled its contract with the US firm, claiming it was onerous and that Honeywell had refused to disclose the average weighted price it was paying other suppliers, while Sallies had been locked into an agreement of $116/t, despite spot prices having moved to about $170/t.

Honeywell, in turn had filed a request for arbitration with the International Chamber of Commerce in January last year. Honeywell had originally claimed $6,8-million in damages as a result of breach of contract, while Sallies had claimed $1-million from the US firm for payment of material it had delivered to the firm.

The miner said on Wednesday that Honeywell had now submitted an alternative claim of about $4,5-million, plus interest and costs, while Sallies had increased its claim to $3,83-million, plus interest and costs. The final hearing would take place before the Arbitral Tribunal on October 27, with a final decision expected to be made in early 2009.

...

Nigeria: Institute of Arbitration - A House Divided against Itself

September 14, http://www.thisdayonline.com/nview.php?id=122460

That the practice of arbitration in Nigeria has continued to grow in leaps and bounds, especially in the last few years, is not in doubt. But what is however surprising is that the two bodies promoting the practice in the country seem to be at loggerheads. Close watchers contend that unless something is done fast to put an end to the bickering between the Chartered Institute of Arbitrators (CIArb) (UK) Nigerian Branch and the Chartered Institute of Arbitrators of Nigeria over who has the mandate to regulate the promotion, facilitation and determination of disputes through arbitration, mediation and conciliation, all concepts of Alternative Dispute Resolution (ADR) may be doomed.

...

New Delhi plans to join Investment Disputes Convention

September 13, http://economictimes.indiatimes.com/News/Economy/Foreign_Trade/New_Delhi_plans_to_join_Investment_Disputes_Convention/articleshow/3478075.cms

New Delhi is considering a proposal to join the World Bank convention, International Convention on Settlement of Investment Disputes (ICSID).

The convention provides for the conciliation and arbitration of investment disputes between member-countries and individual investors.

Although India has been a member of the United Nations Convention on the Recognition & Enforcement of Foreign Arbitral Awards, called the New York Convention, it had kept out of ICSID, popularly known as the Washington Convention.

....

International arbitration facility in India

September 11, http://timesofindia.indiatimes.com/Business/India_Business/Intl_arbitration_facility_in_India/rssarticleshow/3468735.cms

India is all set to have a regional facility of Permanent Court of Arbitration, the 100-year-old inter-governmental organization, when an agreement is signed next week. The regional facility will provide a forum for the peaceful settlement of international disputes through arbitration, mediation, conciliation and fact-finding commissions of inquiry, both in disputes between states and in disputes between a state and a non-state entity, such as foreign companies. This will be the third regional facility of the PCA after South Africa and Costa Rica and will be set up in Delhi.

...

Ecuador: ICSID Panel Claims It Has Jurisdiction In OXY Case

September 10, http://money.cnn.com/news/newsfeeds/articles/djf500/200809101018DOWJONESDJONLINE000600_FORTUNE5.htm

A panel from the World Bank's International Center for Settlement of Investment Disputes, or Icsid, said late Tuesday that it has jurisdiction for the claim of the U.S.-based oil company Occidental Petroleum Corp. (OXY) against Ecuador. "This is a problem in the Ecuadorian defense," a high official from the Attorney General Office told Dow Jones Newswires on Wednesday.

Ecuador has said several times the Icsid does not have "any jurisdiction for this issue". The Ecuadorian government has been trying to prove that Occidental broke the terms of its contract in Ecuador.

...

Hamburg obtains International Arbitration Court

New institution shall resolve disputes between merchants from China and other nations

Hamburg obtains a further legal institution of world importance following the International Tribunal for the Law of the Sea. The Hanseatic Town will become the home of a Chinese European Arbitration Institution, which shall administer worldwide arbitrations between companies in China related matters.

The so called CEAC (Chinese European Arbitration Centre) will be inaugurated on 18 September 2008 with a ceremony at the Town Hall. Shareholder of the court is an association which was initiated by the Hamburg Bar Organisation, the Chamber of Commerce in Hamburg, the Tönissteiner Group as well as over 50 lawyers and law firms from 13 nations including Argentina, New Zealand, the United States and Indonesia. The Arbitration Centre will have its seat at Adolphsplatz 1 at the Chamber of Commerce.

Alapli Elektrik B.V. v. Republic of Turkey case registered with ICSID

Counsel: Latham & Watkins LLP (R. Volterra, S. Seelmann-Eggebert & S. Fietta) and Caknak Law Offices, Istanbul v. in-house Counsel
Case registered: 27.08.2008
Forum & reference: ICSID Case No. ARB/08/13
Arbitrators: Tribunal not yet constituted
Subject matter: Electricity concession
Status of proceeding: Pending (Tribunal not yet constituted)
Claim: Information not publicly available
Award: N/A

More information http://www.encharter.org/index.php?id=380&L=0#c1203 and http://icsid.worldbank.org/ICSID/

Gulf Council Urges Iran To Accept Arbitration On Islands Spat

http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/200809090543DOWJONESDJONLINE000179_univ.xml

A senior Gulf official urged Iran to accept international arbitration in its dispute with the United Arab Emirates over three islands in the strategic waterway, in an interview published Tuesday.

Gulf Cooperation Council chief Abdurrahman al-Attiyah, quoted in Dubai's English-language Gulf News, said Tehran must respond to calls from GCC members to submit the issue to international arbitration.

...

ETI expecting resolution of Entel issues by early 2009

http://www.telegeography.com/cu/article.php?article_id=24967

Telecom Italia owned holding company Euro Telecom International (ETI) has stated that it expects the conflict over the re-nationalisation of Bolivian telco Entel to be resolved by the beginning of 2009, BNamericas is reporting. Despite the Bolivian government's refusal to acknowledge the World Bank's International Centre for Settlement of Investment Disputes (ICSID) authority in the matter, Telecom Italia's head of domestic market operations and international affairs has indicated that an arbitration court to rule on the case will be appointed by the end of September; the ICSID's role will be to determine the value of Entel. A supreme decree issued by Bolivian President Evo Morales in May 2008 stated that the government could discount any outstanding debts that Entel held from the price it would pay for the company, but ETI has contested this.

...

BPL Mobile raises $80 m through stake sale

September 10, http://www.deccanherald.com/Content/Sep102008/business2008090989046.asp

BPL Mobile, on Tuesday, made a Mauritius-based equity fund its stakeholder for a consideration of US$80 million, as part of efforts to raise funds for expansion and purchase of stake in Mumbai-based Loop Telecom.

...

With an arbitration panel restraining Essar from going ahead with any stake sale in Loop Telecom, BPL believes that "this capital issuance was not in violation of the operative interim order of arbitrators."

The arbitrators in their hearing on September 5, 2008 had asked BPL Mobile and its shareholders to maintain status quo in BPL Mobile, meaning that no fresh issuance of equity and sale of its existing shares in Loop is to be made without their approval.

...

Vodafone-Essar mobile phone dispute deepens

September 9, http://economictimes.indiatimes.com/News/News_By_Industry/Telecom/Vodafone-Essar_mobile_phone_dispute_deepens/articleshow/3462519.cms

Differences between Vodafone and Essar, its Indian partner has reportedly deepened after the former won an order blocking the sale of shares of a mobile phone unit controlled by the Essar Group.

According to the London-based Financial Times, an arbitration panel has ordered Essar to freeze the sale of any shares of the mobile unit, BPL Mobile Communications, including those of one of its most important subsidiaries, Loop Telecom.

...

PODCASTS

IDN 41 - Ken Cloke, Part 1, Bringing Oxytocin into the Room

This week, Mike McIlwrath sits down with Santa Monica attorney-neutral-educator Kenneth Cloke, for the first of a two-part conversation. Ken goes in depth about mediation style and processes, but really, it's about the hormones—specifically, the "cuddle hormone," oxytocin. You'll find out how his research into the psychology of conflict led to investigating and cataloguing the potentially profound effect the hormone has on how you deal with the person sitting across the table from you. Ken is founder and leader of Mediators Beyond Borders, a Pittsburgh nonprofit through which experienced mediators volunteer their skills world-wide to improve conflict resolution capacity and support alternative approaches to resolving interpersonal, political, economic, social, ethnic and religious differences.

IDN 42 - Ken Cloke, Part 2, Bringing Oxytocin into the Room

This week, host Mike McIlwrath presents the second and final part of his conversation with Santa Monica attorney-neutral-educator Kenneth Cloke, on “creating levels of trust between parties in conflict.” Last week, Ken introduced us to the so-called “cuddle hormone,” oxytocin-the release of which he says has a profound effect on mediation processes and social interaction.

WEBLOGS

Anne Marie Whitesell Promises Clients 'Different Cultural Perspectives' on Commercial Arbitration

http://legaltimes.typepad.com/blt/2008/09/former-arbitrat.html

Anne Marie Whitesell, the former secretary general of the Paris-based International Court of Arbitration of the International Chamber of Commerce, has joined Dechert's international arbitration practice as of counsel.

Whitesell told Legal Times that supervising more than 1,000 international arbitration cases per year from more than 120 countries has given her an in-depth knowledge to pass on to clients. "I have enormous experience working with arbitrators, and for me to be able to advise clients in their choice of arbitrators is extremely important," she said.

...

"Me Too" Law Professor Amicus Briefs - by Roger Alford

http://opiniojuris.org/2008/09/17/me-too-law-professor-amicus-briefs/

This past month I received an email sent to over 60 law professors inviting us to join an amicus brief.

...

Why Do Amicus Briefs Exist? Question, Not a Comment - by Kenneth Anderson

http://opiniojuris.org/2008/09/17/why-do-amicus-briefs-exist-question-not-a-comment/

I want to follow up Roger's post on law professor sign on amicus briefs with a really basic, genuinely naive question.

...

Intervention of Indian Courts in Foreign Collaboration Agreements

http://indiacorplaw.blogspot.com/2008/09/intervention-of-indian-courts-in.html

In the short span of a decade that the Arbitration and Conciliation Act has been in force, the Supreme Court has gradually carved for itself a wider and wider role in various stages of arbitration proceedings. Its role in the appointment of arbitrators, granting interim injunctions and reviewing arbitral awards on grounds of public policy are a few examples.

...

EVENTS

Third Annual Lecture on International Commercial Arbitration - Thursday, September 25

http://www.wcl.american.edu/arbitration

Third Annual Lecture on International Commercial Arbitration which will take place on Thursday, September 25, at 5:30 p.m. at American University Washington College of Law, located at 4801 Massachusetts Avenue, NW, in the Mooers-Morella Ceremonial Courtroom (603).

Established in 2006, the annual lecture offers an eminent figure in international arbitration a platform on which to share his or her ideas on novel issues and current trends in international arbitration from his or her own perspective. This year's lecture, "Establishing Claims for Damages, Costs and Interest in International Arbitration" will be presented by The Hon Sir Vivian Ramsey, QC, Justice of the High Court, London.

CLE credit is available for this event. The lecture is free and open to the public, however, registration is required. To register, please go to www.wcl.american.edu/arbitration

Arbitration: Ensuring Efficient and Reviewable Proceedings Under New Supreme Court Restraints - October 6th

http://www.abanet.org/dch/committee.cfm?com=PC801000

Program Date: October 6th, 2008. REGESTER EARLY - LIMIT 50 IN PERSON

Even in Federal procurement, contractors often use arbitration clauses with suppliers and subcontractors. These distinguished panelists will discuss the limitations on judicial review of arbitration awards recently enunciated in Hall Street Assoc. v. Mattel, and the ways in which arbitral proceedings can be made more time and cost efficient.

ASA Below 40 seminar 10 Oct Geneva [pdf]

http://www.arbitration-ch.org/below-40/pdf/Programme-ASA40---10October2008.pdf

The seminar which will be held in Geneva on 10 October 2008 will cover two topics: "Confidentiality in international arbitration: myth or reality?" and "Disposing of the parties' dispute quickly: the parties' saving grace or worst nightmare?".

Topics and presentations at ASA Below 40 seminars are practical (the focus is on resolving "real life issues" and providing practical tips as opposed to academic discussion) and always generate good debates among the participants and the common law and civil law practitioners invited on each panel. A more senior "special guest" is also invited to contribute to all the discussions throughout the day.

For more information and registration, please see the programme at http://www.arbitration-ch.org/below-40/pdf/Programme-ASA40---10October2008.pdf

LCIL Friday Lunchtime Lecture: Hans Kelsen as an International Lawyer Friday 24th October 2008

http://www.lcil.cam.ac.uk/news/article.php?section=26&article=735

Speaker : Dr Jochen von Bernstorff, Max Planck Institute for Comparative Public Law and International Law, Heidelberg

Time : Lecture starts at 1pm (with lunch, sponsored by Cambridge University Press, from 12:30pm)

Venue : Finley Library, Lauterpacht Centre, 5 Cranmer Road, Cambridge

The Centre's Friday Lunchtime Lectures are recognised by both the Law Society and the Bar Council as Continuing Professional Development (CPD) accredited courses.

A User's View of International Arbitration with Jean-Claude Najar - Lecture on 5 november

http://www.acica.org.au/news.html

In-house counsel play a crucial role in international arbitration. The time and cost spent in arbitration proceedings have become an increasing concern for in-house counsel - but what can they do about it?

In the 2008 International Arbitration Lecture, Jean-Claude Najar, senior counsel and chief compliance officer Europe, Middle East and Africa for General Electric, will not only answer that question, but will also illustrate how the true users of arbitration have been given a voice to assist in improving the arbitral process and facilitate change.

Lecture Details

Date: Wednesday, 5 November 2008
Time: 5:00pm for lecture, followed by drinks reception
Venue: Supreme Court of NSW, Banco Court
Level 13, Law Courts Building, Queen's Square
184 Phillip Street, Sydney

The Dubai International Arbitration Centre continues its association with King's College London by organizing two further training courses in Dubai

http://www.diac.ae/idias/events/

The Two courses will consist of lecturers and interactive workshops running in parallel, under the direction of Professor Phillip Capper (Nash Professor of Engineering Law at Kings's College London and Partner in the law firm of White & Case LLP), with assistance from a team of international experts.

MIGA-Georgetown Symposium on International Political Risk Management: Navigating in a New World - December 4, 2008

http://www.miga.org/symposium/

December 4, 2008
Georgetown University
Washington, DC

Sponsored by MIGA, a member of the World Bank Group, and the School of Foreign Service, Georgetown University, this symposium has established itself as the world's leading forum for cutting-edge assessments of needs and capabilities in the international political risk management industry. For the sixth time, the symposium will bring together the most senior practitioners from the corporate, financial, insurer, broker, rating, and legal communities.

The program includes papers and commentary from the most experienced participants in the management of international political risk, and offers opportunities for interaction with guest speakers and fellow participants throughout the day.

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.

2nd Frankfurt Investment Arbitration Moot Court - March 4 - 6 2009

www.investmentmoot.org

The 2nd Frankfurt Investment Arbitration Moot Court will take place on 4-6 March 2009 at the Frankfurt International Arbitration Center. Arbitrators are experienced practitioners and academics from five continents. Like last year, a very distinguished panel will judge the final round: Sir Franklin Berman, KCMG QC, Professor Rusty Park and Professor Christoph Schreuer.

Winning prizes will once again include scholarships for The Hague Academy or for a diploma or LL.M. in international arbitration at Queen Mary, London.

An intriguing and colourful story based on original facts and documents from the time of the American Civil War, the 2008-2009 case-study involves challenging problems of modern investment law. Because of its unique focus on oral advocacy, the Investment Arbitration Moot does not require students to submit full memorials (only skeleton arguments).

The moot competition is hosted by the Frankfurt International Arbitration Center (FIAC), which is located at the Frankfurt am Main Chamber of Commerce and Industry. Under a cooperation agreement between ICSID and DIS under Article 63 lit. a) of the Washington Convention, parties can choose to hold ICSID conciliation and arbitration proceedings at the FIAC.

Since the publication of the 2008-2009 case study earlier this month, seven teams from South America, south Asia and Central Europe have already expressed interest in participating. The moot organizers hope to see more teams this year from African, Asian, Eastern and Central European, and Latin American jurisdictions in particular. The deadline for registration is 23 January 2009.

The Investment Arbitration Moot is organized by the Wilhelm Merton Centre for European Integration and International Economic Order of Johann Wolfgang Goethe University, Frankfurt am Main. For more information and to register for the 2008-2009 Frankfurt Investment Arbitration Moot Court, please go to www.investmentmoot.org

MOVES / JOBS

Michael E. Barrack Joins ThorntonGroutFinnigan LLP

http://www.tgf.ca/media.asp?id=6

Effective October 1, 2008, Michael E. Barrack joins ThorntonGroutFinnigan LLP from McCarthy Tétrault where he was a partner in the Toronto office and a prominent member of the litigation group.

...

Fulbright & Jaworski Expands its capabilities in Asia with Addition or partner Richard Hill

Richard Hill has been based in Fulbright's London location since January 2005, where he worked with the firm's international arbitration group. He handles disputes arising under commercial, energy, trade, investment, banking, construction and infrastructure transactions, and has substantial experience regarding Asia­ related arbitrations. Prior to joining Fulbright, Richard practiced international arbitration and dispute resolution with another leading firm for seven years in London, New York and Paris. He is co­editor of the Leading Arbitrators' Guide to International Arbitration (Juris, 2nd Edition March 2008) and writes and speaks extensively on international arbitration.

In May 2008, his article "The New Reality of Electronic Document Production in International Arbitration: A Catalyst for Convergence?" was runner­ up among 52 entries in the LCIA's biannual Gillis Wetter Memorial Prize for articles on international arbitration and will shortly be published in Arbitration International. Richard graduated, with honours, from Cambridge University in 1993. He was admitted as a barrister in England and Wales in 1996, received the Prince of Wales Award from Gray's Inn and was admitted as a solicitor­advocate in 1999.

Chadbourne & Parke Expands Project Finance, Insurance and Arbitration Capabilities in United Arab Emirates

http://www.chadbourne.com/newsevents/NewsDetail.aspx?news=952

The international law firm of Chadbourne & Parke LLP announced today that it has bolstered its Dubai office by transferring two partners from its London office and hiring a new international partner. The moves expand Chadbourne's project finance, insurance and arbitration capabilities in the Middle East, a region of increasing importance to the Firm.

Partner Sohail Barkatali will move to Dubai at the beginning of October, bringing his deep experience in energy and related infrastructure projects in the Middle East. International partner Mark Pring, who focuses on insurance and reinsurance and arbitration, relocated to Dubai in August while maintaining an office in London. Joining the Dubai office later this month will be international partner Richard Keenan, previously a project finance lawyer with leading law firms in London.

LAWFIRMS

Freshfields launches international arbitration practice in Washington DC

http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=1601

Freshfields Bruckhaus Deringer LLP's International Arbitration Group is to open an arbitration practice in the firm's Washington DC office from October 2008, as part of its well-established Americas arbitration presence, led by Lucy Reed in New York.

Arbitration partner and co-head of the firm's Latin America practice, Nigel Blackaby, will relocate from Paris to lead the new challenge, accompanied by associates Alex Wilbraham, Noiana Marigo and Jean-Paul Dechamps. Nigel and his colleagues have represented investors and states in many arbitrations in both English and Spanish before the Washington-based International Centre for the Settlement of Investment Disputes (ICSID), including in landmark cases CMS Gas Transmission v Argentina and SGS v Pakistan. They are currently counsel to investors in ICSID claims involving Argentina, Paraguay, Venezuela and Ecuador. Nigel observes that that the move is a natural one:

'Washington's role as an arbitral centre has increased radically with the growth of investor-state arbitration before ICSID and investor-state arbitrations with a Washington seat. Given the importance of these claims to Freshfields' practice - with a dozen pending cases administered by the Centre and my own work focus on Latin America - it made sense for me to be based in Washington rather than continue to commute across the Atlantic.'

'I look forward to working even more closely with my New York partners Lucy Reed, Brian King and Alex Yanos whilst continuing to collaborate in an integrated manner with counsel Lluis Paradell and Sylvia Noury and other lawyers in the Latin America group in Europe. I will also maintain strong links with Paris where group head Jan Paulsson, partners Peter Turner and Georgios Petrochilos and counsel Reza Mohtashami and Noah Rubins remain based,' continued Nigel.

With the arrival of Nigel and his team in Washington DC, the group will have more than 20 full-time specialist international arbitration lawyers in the USA. Coupled with 25 full-time arbitration lawyers in Paris and 20 in London (in addition to specialist arbitration teams throughout its network), the group has strength in depth with critical mass in each of the world's leading arbitral jurisdictions.

Gibson Dunn unveils international arbitration group

September 11, http://www.thelawyer.com/cgi-bin/item.cgi?id=134494&d=415&h=417&f=416

West coast-headquartered Gibson Dunn & Crutcher launched a formal international arbitration group this week at a New York cocktail reception attended by recent hire and former Lord Chancellor, Lord Falconer (pictured).

The firm's newest practice group is aimed at capitalising on the growth of cross-border disputes and picking up clients who in the past may have been deterred by Gibson Dunn's lack of a formal group structure.

...

Denton Wilde Saptereviews links with Mkono company

http://www.thisday.co.tz/News/4547.html

Denton Wilde Sapte, has announced that it is reviewing its association with Tanzanian law firm Mkono & Co. Advocates after the local firm last month signed a rival agreement with US practice Hunton & Williams.

...

Norton Rose team helps to put DIFC

September 15, http://www.thelawyer.com/cgi-bin/item.cgi?id=134552

Norton Rose has drafted a new arbitration law for The Dubai International Financial Centre (DIFC) that will see the emirate look to compete with London, Paris and Singapore as an international forum for ­disputes.

The firm's Middle East dispute resolution head Patrick Bourke, who led the Norton Rose team, said the new legislation, which came into force on 1 September, came about after the DIFC and the London Court of International Arbitration (LCIA) launched an ­arbitration centre earlier this year (The Lawyer, 18 February).

...

BOOKS

Latin American Investment Treaty Arbitration. The Controversies and Conflicts

Thomas carbonneau, Mary Mourra
ISBN13: 9789041127853
ISBN: 9041127852
September 2008
Publisher: Kluwer Law International
Country of Publication: Netherlands
Binding: Hardback
Price: £75.00

Nowhere in the world has the process of investment treaty arbitration been more volatile or unpredictable than in Latin America. Although the rush of bilateral investment treaties (BITs) entered into by Latin American countries during the 1990s seemed to promise stable guarantees and security for investors, recent years have produced an ever increasing number of arbitrations before international tribunals involving claims by foreign investors amounting to millions and even billions of dollars. In many cases, the disputes have arisen from regulatory measures involving matters of public interest, including the general welfare, health, environment, security, or economy.

The book demonstrates that there is a compelling need for States to develop greater awareness of their investment treaty obligations with a view to both diminishing the likelihood of claims and properly managing those that are submitted to arbitration. It describes the stocktaking process that should form part of any State's efforts to manage its investment treaty obligations and claims by investors that the State has breached those obligations. With specific recommendations for the effective administration of State obligations and investor-State disputes, the book offers eminently practical utility in addition to its penetrating theoretical analysis, and as such constitutes an enormously valuable resource for all parties concerned in Latin American investment.

Research in International Commercial Arbitration: Sources and Strategies

Stacie Strong
ISBN13: 9780199238309
To be Published: March 2009
Publisher: Oxford University Press
Country of Publication: UK
Binding: Paperback
Price: £29.99 - Not Yet Published

Contents:

  1. Introduction
  2. Sources of International Arbitration Law
  3. Researching Common Areas of Dispute
  4. How to use your Research
  5. Bibliography of Sources

This book provides both experienced and inexperienced practitioners, as well as advanced students, with a guide to the strategies associated with researching international commercial arbitration as well as the sources associated with that field of law. Up until very recently, the field of international commercial arbitration was populated solely by specialists who knew the sources and strategies for researching relevant authorities. However, as the practice and business of law has become more international and more diversified, generalists have begun to enter the field while the number of specialized sources associated with international commercial arbitration has grown exponentially.

The book combines instructional text with a bibliography of sources to teach readers where to find relevant material. The instructional chapters discuss the most important methods by which one conducts research in international arbitration, while the bibliography provides guidance on where to find that material.

Furthermore, the book will offer tips on how to present a case to an international tribunal, which is quite different than presenting a case to a national court.

In effect, the book walks the reader through the steps associated with researching and presenting issues in international commercial arbitration. For example, the book covers:

Additionally, the book takes advantage of empirical research into the conduct of arbitration, giving an insider's view of the process.

Digest of ICSID Awards and Decisions: 2003-2007

Richard Happ, Noah Rubins
ISBN13: 9780199557042
To be Published: March 2009
Publisher: Oxford University Press
Country of Publication: UK
Binding: Hardback
Price: £125.00 - Not Yet Published

Investment arbitration has become the primary means of settling disputes between states and foreign investors. The majority of those arbitration proceedings take place before tribunals of the International Centre for the Settlement of Investment Disputes (ICSID). This book provides the reader with concise summaries of the facts and holdings of ICSID Tribunals in the years 2003-2007.

Extensive cross-references and footnotes allow the reader to find other awards confirming or rejecting certain holdings, and analytical chapters explain the development of the jurisprudence. Since the average length of an ICSID award exceeds 100 pages, and nearly 20 new decisions and awards are published each year, this book is an indispensable tool for the busy practitioner or academic who needs to be informed about the development of the law.

Contents:

International Investment Arbitration : Substantive Principles

Campbell McLachlan, Lawrence Shore, Matthew Weiniger
ISBN13: 9780199557516
ISBN: 0199557519
August 2008
Publisher: Oxford University Press
Country of Publication: UK
Binding: Paperback
Price: £49.95
Hardback edition , ISBN13 9780199286645

Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. Disputes that have arisen are often resolved through the forum of international arbitration, and typically involve claims by an investor company for compensation when an investment has been illegally expropriated or adversely affected by the state's activities.

The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. However, the volume of law created, applied and analysed by tribunals is such that it is now possible to begin the necessary process of codification.

International Investment Arbitration: Substantive Principles is an important step in this process. The book provides a detailed analytical survey of the developing substantive principles which are being applied to disputes by international investment tribunals. It considers the key questions that arise, and provides a clear description of the present state of the law as reflected in tribunal practice. Key areas of coverage include:-

As the volume of international investment arbitration grows, international law firms are increasingly having to acquire expertise in all aspects of this specialised and rapidly developing field. Written by a leading author team from Herbert Smith, and benefiting from the public and private International law experience of Professor Campbell McLachlan, this book is an essential reference work for international arbitration counsel, arbitrators, and academics.