issue #26, week 41. 08 October 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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TDM
TDM: Published articles
- International Arbitration: The Only Way to Resolve Multi-Jurisdictional Patent Disputes in a Single Forum
- The Applicability of the Energy Charter Treaty in ICSID Arbitration of EU Nationals vs. EU Member States
- The Energy Charter Treaty's Investor Protection Provisions: Potential to Foster Solutions to Global Warming and Promote Sustainable Development
- Analysis of Brazilian Law: Can A Brazilian Lawyer Be Called As A Fact Witness in International Arbitration Proceedings?
See https://www.transnational-dispute-management.com/journal-advance-publication.asp
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- Special Issue on Mergers and Acquisitions (M&A) Disputes and International Arbitration
Editor: Beata Gessel-Kalinowska vel Kalisz; Reviewers: Cecilia Carrara & Luminita Popa - Special Issue on Sanctions and International Arbitration: Impact on Substantive and Procedural Issues
Editors: Ali Burney, Rinat Gareev, Kiran Nasir Gore, Prof. Joel Slawotsky, May Tai - Special Issue on National Courts as a Forum for the Resolution of Disputes under Article 26 Energy Charter Treaty
Editors: John Gaffney, Richard Happ, Lucia Raimanova, Anna-Maria Tamminen, Catharine Titi - Special Issue on International Investment Arbitration - Environmental Protection and Climate Change Issues (Vol 4+)
Editors: Prof. Dr A F M Maniruzzaman, Kiran Nasir Gore, Prof. Dr Stephen Minas - Special Issue on The African Continental Free Trade Agreement (AfCFTA)
Editors: J. Chaisse, J. Górski, E. Laryea, M.M. Mbengue, and K. Olaoye
Recent issues:
- TDM 5 (2018) - Strategic Considerations in Energy Disputes
- TDM 6 (2018) - FDI Moot 2018
- TDM 5 (2018) - Regular issue
- TDM 4 (2018) - Time and Cost Issues in International Arbitration
- TDM 3 (2018) - Sir Elihu Lauterpacht QC
- TDM 2 (2018) - International Commercial and Investment Disputes in and with India
- TDM 1 (2018) - Regular issue
- TDM 5 (2017) - FDI Moot 2017
- TDM 4 (2017) - Comparative and International Perspectives on Mediation in Insolvency Matters
- TDM 3 (2017) - One Belt One Road (OBOR)
- TDM 2 (2017) - Non-Legal Adjudicators in National and International Disputes
- TDM 1 (2017) - Regular issue
- TDM 6 (2016) - FDI Moot 2016
- TDM 5 (2016) - Latin America (vol. 2)
- TDM 4 (2016) - Africa
- TDM 3 (2016) - Three Centuries of Arbitration for Peace
- TDM 2 (2016) - Latin America
- TDM 1 (2016) - CETA
- TDM 7 (2015) - FDI Moot 2015
- TDM 6 (2015) - Regular issue
- TDM 5 (2015) - Yukos Special - OGEL 5 (2015) - Yukos Special
- TDM 4 (2015) - ArbitralWomen/TDM: Dealing with Diversity in International Arbitration
- TDM 3 (2015) - Renewable Energy Disputes - OGEL 3 (2015) - Renewable Energy Disputes
- TDM 2 (2015) - Arbitration in the Middle East: Expectations and Challenges for the Future
- TDM 1 (2015) - The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century
- TDM 6 (2014) - Dispute Resolution from a Corporate Perspective
- TDM 5 (2014) - FDI Moot 2014
- TDM 4 (2014) - CILS - 8th Biennial Symposium on International Arbitration and Dispute Resolution
- TDM 3 (2014) - Regular issue
- TDM 2 (2014) - The New Frontiers of Cultural Law: Intangible Heritage Disputes
- TDM 1 (2014) - Reform of Investor-State Dispute Settlement: In Search of a Roadmap
- TDM 6 (2013) - FDI Moot 2013
- TDM 5 (2013) - Art and Heritage Disputes in International and Comparative Law
- TDM 4 (2013) - Ten Years of Transnational Dispute Management
- TDM 3 (2013) - Corruption and Arbitration
- TDM 2 (2013) - EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges
- TDM 1 (2013) - Aligning Human Rights and Investment Protection
- TDM 5 (2012) - Legal Issues in Tobacco Control
- A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought
- TDM 5 (2011) - Resolving International Business Disputes by ADR in Asia
- TDM 4 (2011) - Contingent Fees and Third Party Funding in Investment Arbitration Disputes
- TDM 3 (2011) - Intersections: Dissemblance or Convergence between International Trade and Investment Law
NEWS
Dominican Government loses court round in US$680M suit
October 6, http://www.dominicantoday.com/dr/economy/2008/10/6/29653/Business-Wire-Dominican-Government-loses-court-round-in-US680M-suit
An arbitration tribunal constituted under the France-Dominican Republic Bilateral Investment Treaty released an award last week ruling on the jurisdictional objections raised by the Dominican Republic in a claim brought by TCW and its parent company.
"The claim involves an investment in EDE ESTE, an electric distribution company in the Dominican Republic that serves approximately 600,000 customers and has 1,200 employees. The tribunal rejected the objections raised by the Dominican Government and allowed US$680 million in claims against the Republic to proceed to a final hearing and an award on the merits of the dispute," Business Wire said.
...
Companies Unlikely to Use Arbitration With Each Other
October 5, http://www.nytimes.com/2008/10/06/business/06arbitrate.html?_r=1&scp=2&sq=arbitration&st=cse&oref=slogin
Corporate executives routinely sing the praises of arbitration clauses, the language buried in the fine print of contracts for mobile phones or credit cards, for example, that typically bars a consumer from going to court in the event of a dispute.
...
Grupo Modelo to file for arbitration over A-B-InBev deal
October 3, http://www.bizjournals.com/stlouis/stories/2008/09/29/daily97.html?surround=lfn&brthrs=1
Grupo Modelo notified Anheuser-Busch that it plans to file for arbitration, claiming it has the right to consent to InBev's planned $52 billion takeover of the Budweiser maker.
A-B said it told Grupo Modelo, of which A-B owns half, and its shareholders that it believes "such claims are entirely without merit" and that it will "vigorously contest such claims," according to a filing Friday with the Securities and Exchange Commission. "A-B believes that the arbitration proceeding will have no impact on the completion of the transaction with InBev."
...
Arbitration law back in Middle East construction contracts
October 1, http://www.nce.co.uk/news/2008/10/arbitration_law_back_in_middle_east_construction_contracts.html
Arbitration clauses cut from construction contracts in the Middle East are set to return to agreements following the introduction of a new arbitration law, engineers said this week.
The new arbitration law was passed on 1 September and allows hearings to be held in the Dubai International Financial Centre (DIFC) and upheld by the centre's courts.
...
Skandia settles long-running dispute over sale
October 3, http://www.thelocal.se/14730/20081003/
Skandia AB, the Swedish subsidiary of Anglo-South African Old Mutual Plc, announced on Friday that it has come to a favourable settlement in its six-year dispute over the sale of its asset management business.
Under a deal brokered by Swedish arbitrators, Skandia's mutually run life insurance unit, Skandia Liv, has lost a claim for part of the proceeds of the £260 million ($460 million) disposal in 2002, Old Mutual said in a statement on Friday.
...
Pakistan warns India to take water treaty violation case in the court
October 6, http://www.kuna.net.kw/NewsAgenciesPublicSite/ArticleDetails.aspx?id=1942113&Language=en
Pakistan Monday warned India to end violaation of water treaty and release its share of water from their reservoir or it will take the issue to the International Court of Arbitration. If India continues violations of Indus Water Treaty then options were open for Pakistan to take the issue into the court of arbitration or to neutral experts, said Indus Water Commissioner Syed Jamaat Ali Shah while talking to media.
...
Endogenous development and a South American financial architecture
October 6, Marcos Arruda, http://www.tni.org/detail_page.phtml?act_id=18767
Taking into account the current financial earthquake that is shaking the US financial system, Marcos Arruda summarizes some of the main arguments related to the creation of a new financial architecture for South America.
...
Creation of a Latin American Arbitrage Tribunal alternative to ICSID (International Center for Settlement of Investment Disputes/World Bank), in order independently to solve disputes between enterprises and governments in Latin America, respecting the sovereignty of nations and peoples.
Construction of a regional juridical framework and a regional legislative system aimed to ensure regional democratic governance. UNASUR is already creating a South American parliament. The continent should develop a body of regional laws and regulations. The UNCITRAL system of the United Nations, which regulates capital flows in the form of the law, including supranational law, should be a reference.
...
Astro seeks RM905m compensation
October 6, http://biz.thestar.com.my/news/story.asp?file=/2008/10/6/business/20081006193025&sec=business
Kuala Lumpur: Astro All Asia Networks plc has filed a notice of arbitration at the Singapore International Arbitration Centre to start arbitration proceedings against PT Ayunda Prima Mitra, PT First Media Tbk and PT Direct Vision.
...
Brazil's Odebrecht says accepts Ecuador's terms
October 1, http://www.reuters.com/article/companyNewsAndPR/idUSN0152583920081001
Brazilian construction company Odebrecht said on Wednesday it accepted terms set by the Ecuadorean government to resolve a dispute over a faulty hydroelectric plant.
Ecuador expelled the firm last week and sent troops to seize $800 million worth of projects, including an airport, two hydroelectric plants and a rural irrigation project.
... [See also http://arbitrationlaw.blogspot.com/2008/10/update-on-odebrecht-vs-ecuador.html]
Bolivia's appoints Philippe Joseph Sands as defence for Entel case
http://www.telegeography.com/cu/article.php?article_id=25354
Bolivia's government has appointed Philippe Joseph Sands, a professor of international law at the University of London, as its legal defence in the arbitration court which will rule in the case regarding the nationalisation of telco Entel, BNamericas is reporting citing local press. The World Bank's International Centre for the Settlement of Investment Disputes (ICSID) was called in to arbitrate on the troubled renationalisation process by Telecom Italia-owned holding company Euro Telecom International (ETI) in July this year; the Bolivian government however refused to acknowledge the authority of the international body in the matter. It is understood that La Paz will seek to prove the ICSID has no jurisdiction in the case, since the suit was filed after Bolivia withdrew from the ICSID, when president Evo Morales claimed it always sided with multinational companies.
...
CRGP Seeks $13 Million Arbitration Against GTEC
September 30, http://www.tmcnet.com/usubmit/2008/09/30/3678345.htm
Capital Research Group Partners, Inc. and Capital Research Group, Inc. (CRG&P) have filed a $13 Million arbitration case against Genesis Pharmaceuticals (OTCBB: GNPH), formerly Genesis Technology Group or GTEC. Genesis Technology is currently a wholly owned subsidiary of Genesis Pharmaceuticals (OTCBB: GNPH), now operating as Genesis Holdings.
...
The arbitration suit alleges GTEC violated the 10% share issuance and registration clause of the standard consulting agreement by issuing and registering over 300 million additional shares, and not compensating CRG&P under this and other agreements ultimately diluting CRGP's position by almost 500%. Since October 4, 2007 GTEC has authorized an additional 800 million shares. The $13 Million arbitration has a hearing date set for December 1, 2008.
...
Philippines: Payumo's new battle
http://www.manilastandardtoday.com/?page=felMaragay_oct1_2008
...
The bank also allegedly ignored the provision of the agreement which provided that that disputes of this nature, if not resolved amicably among the parties within a given time-frame, should be referred for arbitration to the International Chamber of Commerce in Singapore.
The complainants have criticized the monetary board for allegedly sweeping the case under the rug. In a letter dated July 24, they were informed that the board summarily dismissed the complaint by ruling that it "cannot act on the complaints until the case pending in the regular court and the arbitration proceedings are terminated."
In their request for reconsideration dated Sept. 16, the complainants pointed out that the issues in the court and the arbitration venue merely required the interpretation of a private contract and some application of civil laws. "On the other hand, our administrative complaints seek an investigation of the integrity and fitness of respondents which under the law, only the monetary board and not the courts can inherently exercise. So these are all two different issues."
...
Stephenson Harwood in African dispute double act
September 29, http://www.thelawyer.com/cgi-bin/item.cgi?id=134902&d=415&h=417&f=416
Stephenson Harwood has been instructed on two African disputes, securing a win on one and a Court of Appeal hearing on the other. Led by senior associate Kamal Shah, the firm successfully represented east African companies Primefuels Kenya and Mirambo Holdings in a shareholder agreement dispute over the privatisation of the Kenyan and Ugandan railways.
...
Gulfside goes to arbitration over coal property deal [pdf]
September 25, http://www.gulfsideminerals.com/i/pdf/Gulfside___News_Release_(Sept_25,_2008)final.pdf
Erdenetsogt Coal Property
As announced on March 14, 2008, the Company entered into a Share Purchase Agreement (the "SPA") with Guardstand Nominees (H.K.) Limited ("Guardstand") a company wholly owned by Mr. Boojoo Norovsambuu through a declaration of trust with Trident Corporate Services (Asia) Ltd. The SPA provides for the sale and purchase of shares in Mangreat Group Ltd. ("Mangreat") and the conferral of operating rights in connection with the Erdenetsogt exploration license held by Mangreat's wholly owned subsidiary ECM LLC. Guardstand is currently in breach of its obligations under the SPA and regrettably the Company has been unable to close the acquisition. The SPA provides that any dispute arising out of or relating to the SPA shall be settled by arbitration. The Company has retained a law firm in London England as their counsel and they have initiated arbitration proceedings. The Company has been advised that the resolution to such arbitration could take up to two years.
The Company has also advised The State Registration Office and The Mineral Resources and Petroleum Authority of Mongolia of the arbitration proceedings. The Company has requested that during these proceedings they not permit any transfer of ownership of the company that holds the Erdenetsogt coal license nor the transfer of the Erdenetsogt coal license, or the registration of any lien, charge or other encumbrances in relation to the Erdenetsogt coal license until the arbitration is resolved.
...
Nigeria: EFCC Investigates Iyabo Obasanjo
http://www.leadershipnigeria.com/product_info.php?products_id=19340&osCsid=bd64ab2b6fb3e2df414318b11ebd0d98
Economic and Financial Crimes Commission (EFCC) has commenced investigations of former president Olusegun Obasanjo's daughter, Iyabo, over alleged N3.5 billion contract scam involving an Austrian firm, M. Schneider GMBH.
Centerra Gold Agrees to Postpone International Arbitration Pending Ongoing Discussions
September 25, http://biz.yahoo.com/iw/080925/0437659.html
Centerra Gold Inc. stated today that as a result of ongoing discussions with the Kyrgyz Government regarding the Kumtor project it has agreed to suspend the international arbitration proceedings initiated by the Company, which had been previously postponed to September 29, 2008. The parties have agreed that this suspension will allow for these discussions to continue and for the parties to concentrate on resolving outstanding issues relating to the project.
...
TGS arbitration update
September 30, http://www.tgsnopec.com/newsroom/newsroom_details.asp?id=445
TGS has now received the next pleading and the writ related to the counterclaim from Wavefield in the arbitration process between the two companies. Wavefield is claiming damages limited upwards to NOK 150 millions (approximately USD 26.5 million) plus interest and costs.
...
TGS update on claim for damages filed with arbitration panel
September 22, http://www.tgsnopec.com/newsroom/newsroom_details.asp?id=444
In preparation for the upcoming arbitration hearings with Wavefield, TGS has elected to narrow its claim for damages from $460 - $830 million as previously presented to the arbitration court to $488 - $510 million.
The claim is duly substantiated by detailed calculations presented to the Arbitration Panel. Consequently, TGS has lowered the upper limit for its claim to $550 million, down from the $700 million originally presented in the writ.
...
An American in Paris - Carl Salans
September 21, http://www.southtownstar.com/neighborhoodstar/chicagoheights/1174057,092108CHsalans.article
From Chicago Heights to Paris? "Well, it's a long story," Carl Salans said. Salans grew up in Chicago Heights, at his father's mens clothing store. However, he has lived in Paris for the past 40 years.
Salans is the chairman of the International Court of Arbitration of the International Chamber of Commerce. That's a mouthful. Let's have him explain. "What I basically do is try to help companies around the world do business with one another," he said from his office in Paris.
...
Ho Hup wins RM11.5m arbitration award
September 24, http://www.theedgedaily.com/cms/content.jsp?id=com.tms.cms.article.Article_91ee3624-cb73c03a-1f195fc0-d5cbc5ed
KUALA LUMPUR: Ho Hup Construction Co Bhd has been awarded RM11.54 million in respect of an arbitration between the company and Revolutionary Technology Holdings Sdn Bhd, Seri Siantan Sdn Bhd and Syarikat Pembinaan Al-Joffrie Sdn Bhd.
Ho Hup said yesterday it had instructed its lawyers to pursue collection of the award, which is to be paid within 30 days, failing which interest would accrue.
...
Wahaha Believes Arbitration in Stockholm Critical in Disputes with Danone
September 23, http://www.prnewswire.co.uk/cgi/news/release?id=237673
Wahaha Group Co., Ltd., China's leading beverage tycoon, announces that a court in Stockholm, Sweden will hear the case between the Company and the French food giant, Danone Group, next January following a series of disputes between the two companies that have lasted for over 18 months. Danone has engaged itself in numerous lawsuits against Wahaha of which it has suffered 12 defeats.
...
Algeria-Spain Arbitration Drags On [subscription req.]
September 24, http://www.energyintel.com/DocumentDetail.asp?Try=Yes&document_id=240664&publication_id=31
Arbitration proceedings between Algeria's state Sonatrach and Spanish Repsol YPF and Gas Natural (GN) look set to stretch through to the end of 2009.
Ecuador: Spain's Repsol drops arbitration claims
September 23, http://www.thestandard.com/news/2008/09/23/ecuador-spains-repsol-drops-arbitration-claims
Ecuador's oil minister says Spanish oil company Repsol-YPF has agreed in principle to receive a fee for its services rather than keep a portion of the crude it pumps. Oil Minister Galo Chiriboga says that Repsol has dropped three claims against the government it brought before a World Bank arbitration body in June. He says Repsol will return 936,000 barrels of crude oil worth US$100 million.
...
Dispute resolution to soar, four reports agree
September 23, http://www.thelawyer.com/cgi-bin/item.cgi?id=134750&d=415&h=417&f=416
Dispute resolution is set to rise sharply, according to four independent reports published this week.
The reports highlight a variety of factors as being responsible for the rise, including the economic downturn and changes to the Companies Act.
One of the reports, published by the Law Society, claimed that commercial disputes are on the rise as businesses crack down on contract and partner fall-outs.
...
Freshfields helps Emaar Properties succeed in a major arbitration dispute in Saudi Arabia
http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=1611
Arbitrators in Saudi Arabia have ruled in favour of Emaar Properties PJSC, one of the world's largest real estate companies, on a US$1.2bn case filed against the company by Saudi-based real estate company, Jadawel International (owned by Mohammed Bin Issa Al Jaber).
Freshfields Bruckhaus Deringer LLP acted as strategic advisor, and along with the Law Firm of Salah Al Hejailan and the law firm of Mohammed Al Dabaan in the Kingdom of Saudi Arabia, represented Emaar on this case.
All claims by Jadawel International were rejected by the arbitrators, who declared the conditional agreement, dated December 28, 2003, between the two parties to be ineffective, unenforceable and with no legal effect on Emaar Properties PJSC.
The award reserved Emaar's rights to claim compensation against material and moral damages and to also claim legal fees and other costs related to the case. The award also concluded that Jadawel International should alone bear the entire amount of arbitrators' fees.
'This week's ruling is great news for Emaar in what has been one of the Middle East's largest arbitration disputes. It is also a significant milestone for our Middle East practice and further strengthens the already outstanding reputation of our global arbitration and corporate practices at Freshfields,' said Omar Momany, senior associate in the Dubai office. The Freshfields team included Joe Huse, head of Freshfields' Middle East practice, and senior associates Omar Momany and Fares Al Hejailan, based in Dubai and Riyadh, respectively.
Saudi Arbitrators rule in favour of Emaar Properties
September 22, http://www.emaar.com/MediaCenter/PressReleases/2008September22a.asp
The Arbitrators in Saudi Arabia have ruled in favour of Emaar Properties PJSC on a case filed against the company by Jadawel International (owned by Mohammed Bin Issa Al Jaber).
All claims by Jadawel International were rejected by the Arbitrators, who declared the conditional agreement dated December 28, 2003, between the two parties to be ineffective, unenforceable and with no legal effect on Emaar Properties PJSC.
The award reserved Emaar's rights to claim compensation against material and moral damages and to also claim lawyers' fees and other costs related to management of the case. The award also concluded that Jadawel International should alone bear the entire amount of arbitrators' fees.
The case was disclosed earlier to the Securities and Commodities Authority, Dubai Financial Market and was the subject of press coverage.
The award was pronounced in the presence of the parties' representative in Mecca and each party has the right to challenge it before the Board of Grievances within 15 days from the date of official notification of the full copy of the award, which will be made on 11/10/1429 Hijri. It is unlikely that the Arbitrators' award will be reversed or amended.
OPTi Receives Award in Arbitration against NVIDIA Corporation
September 22, http://www.smartbrief.com/news/CEA/industryBW-detail.jsp?id=5E817663-E8BE-488A-BBDC-757367DE04D8&sb_code=RSS&i=Graphics%20%26%20Video%20Chips%20%26%20Boards
OPTi Inc announces that it has received the ruling in its arbitration against NVIDIA Corporation ("NVIDIA"). Based on evidence heard at a June 30, 2008 hearing, the arbitrator ruled that NVIDIA had continued to use OPTi's pre-snoop technology for the five quarters commencing on February 1, 2007 and ending April 30, 2008. As per the terms of the license agreement dated August 3, 2006, NVIDIA owes the Company $3,750,000 plus pre-judgment interest. The company is investigating whether NVIDIA owes payments for subsequent quarters.
...
IMI Announces details of Mediator Competency Scheme
http://www.themediatormagazine.co.uk/news/1-latest/50-imi-mediator-competency
The International Mediation Institute concluded a six-month consultation and made public details of its 'global mediator competency certification standards' in July 2008. The scheme is the product of the Independent Standards Commission which comprises leading figures representing users, mediators, providers, trainers and adjudicators, and aims to be operational by January 2009.
The scheme, designed to create a 'performance-orientated mediator selection capability,' will list mediators dependent on their ability to meet high-level assessment criteria and standards defined by independent reviewers and assessors.
...
PIM introduces 'Senior Mediators' brand
http://www.themediatormagazine.co.uk/news/1-latest/49-pim-senior-mediators
Following prolonged consultation, the organisation known as the Panel of Independent Mediators (PIM) is to restructure and re-brand as of September 2008. Now ten years old, the group whose members handle an estimated one in five of all mediations conducted in the UK, is to reconfigure along lines more appropriate to today's marketplace.
In recognition of its shift in direction, the group will become known as 'PIM Senior Mediators' and aims to grow significantly in numbers, initially in the UK, and later beyond. Membership will continue to be by invitation based on 'significant recognition in the market and by their peers.'
...
PODCASTS
IDN 44 - Mediating Across Cultures with Joanna Kalowski
http://www.cpradr.org/TrainingEvents/Podcasts/tabid/261/Default.aspx
You're going to get your cross cultural communications wrong. But, according to veteran Australian mediator Joanna Kalowski, the way you get it right after you get it wrong will make the difference in whether those communications and negotiations are successful. This week, Mike McIlwrath has a discussion with Kalowski reflecting her intense mediation experiences across borders and with indigenous people, both in government and in private practice.
IDN 43 - Interviewing Your Own GC on Dispute Resolution
http://www.cpradr.org/TrainingEvents/Podcasts/tabid/261/Default.aspx
IDN host Mike McIlwrath takes on... his boss? Listen in on his discussion with Kenneth S. Resnick, vice president and general counsel of GE Oil & Gas in Florence, Italy. Ken and Mike cover the company’s litigation and resolution challenges from the perspective of being a transnational corporation-a company, Mike says, that is global, but also operates as a localized entity in many places.
The conversation runs from the large questions of managing risk in accordance with local dispute resolution practices and standards, to case management issues such as staffing and expertise. They also discuss in depth how the company deals with contract issues.
WEBLOGS
Canadian Socialised Medicine and the NAFTA Boogeyman
http://worldtradelaw.typepad.com/ielpblog/2008/10/canadian-social.html
Corporate Counsel's Guide to International Arbitration
http://www.inhouseblog.com/2008/10/corporate-counsels-guide-international-arbitration.html#more-760
EVENTS
Control of National Resources: The Challenges for International Dispute Resolution
http://www.sas.ac.uk/events/view/4781
Date: Friday 31 October 2008
Venue: The Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR
Website: http://www.sas.ac.uk/events/view/4781
Conference Fees: £150 per person and £55.00 for university academic staff.
NOTE: there is 10% discount to the OGEL/OGELFORUM/TDM/OGEMID
(Quote ref: ials/idr/oge for the discount)
Description:
This one-day conference will look at three topics: The issue of resource nationalism; Whether "Good Offices" can assist in relation to resource nationalism; Whether established international dispute resolution bodies have a role to play in resolving disputes between resource - rich countries and consuming countries: Can these traditional "western" bodies satisfy non-western countries that they will receive a fair and unbiased hearing?
Speakers will be drawn from the IDR Group and include:
- Prince Bola Ajibola;
- Andrew Berkeley;
- David Branson;
- Johan Gernandt;
- John Hardiman;
- Professor Ahmed El Kosheri;
- Professor Munir Maniruzzaman;
- Judge Thomas Mensah;
- The Rt Hon Donald McKinnnon.
Chairs will include:
- Rt Hon Lord Anderson of Swansea DL;
- Sir Henry Brooke;
- Sir Anthony Evans.
This conference has CPD accreditation of 5 hours with the Law Society for England and Wales (ref mm/ials).
Lecture: Getting Published - Doctoral Theses and Beyond? by John Louth, Senior Law Editor, OUP - November 4 2008
http://www.lcil.cam.ac.uk/news/article.php?section=26&article=757
Tuesday 4th November 2008, 16:30
Speaker : John Louth, Senior Law Editor, Oxford University Press
Time : 4.30pm, wine reception to follow at 5.30pm
Venue : Finley Library, Lauterpacht Centre, 5 Cranmer Road, Cambridge
Research Students and interested Faculty members welcome.
Hersch Lauterpacht Memorial Lectures 2008-9 Part One: Policy and Discretion in Investment Treaty Arbitration by Dr Andres Rigo Sureda - 11th November 2008
http://www.lcil.cam.ac.uk/news/article.php?section=26&article=758
Speaker : Dr Andres Rigo Sureda, former Deputy Legal Counsel, World Bank
Time : 6pm-7pm
Venue : Finley Library, Lauterpacht Centre, 5 Cranmer Road, Cambridge
The Hersch Lauterpacht Lectures are given annually in Cambridge to commemorate the unique contribution to the development of international law of Sir Hersch Lauterpacht. The lectures are presented as a three-part series by a person of eminence in the field of international law. A revised and expanded version of the lectures is usually published in the Hersch Lauterpacht Lecture Series by Cambridge University Press. More information on the Hersch Lectures can be found here.
The Centre's Lectures are recognised by both the Law Society and the Bar Council as Continuing Professional Development (CPD) accredited courses.
"Arbitraje en Materia de Inversiones: El Fenómeno Panameño Y Perspectivas en Latinoamerica" Y III Congreso Internacional de Metodos Alternos
Objetivos del programa de Mediación: Analizar diversos aspectos de la Mediación Comunitaria. Promover e Impulsar la Cultura de la Mediación como Método Alterno de Solución de Conflictos (MASC), en Panamá y América Latina. Objetivos del programa de Arbitraje en materia de Inversiones: analizar el futuro del desarrollo de las inversiones y del arbitraje en Panamá y hacer un análisis de la evolución y de las perspectivas del arbitraje de las inversiones en la región latino-americana. Dirigido a: abogados, funcionarios de Estado, empresarios y estudiantes panameños y latino-americanos que estén interesados en la temática de los MASC y del arbitraje de las inversiones.
Noviembre 12, 13 y 14 2008. Universidad de Panamá, Panama City
More information: Association Andres Bello, Francisco Victoria-Andreu, Coordinador, E-mail: .
ICC: 4th International Commercial Mediation Competition
ICC has announced dates for another round of its International Commercial Mediation Competition. The fourth edition of the competition will take place in Paris on 7-12 February 2009. With a view towards training lawyers to better meet the dispute resolution needs of today’s cross-cultural market, the competition gives students an opportunity to test their problem-solving skills in a moot international mediation.
More information is available at ICC website.
MOVES / JOBS
Gabriela Alvarez-Avila becomes Partner at Curtis, Mallet-Prevost, Colt & Mosle LLP
http://www.curtis.com/
Curtis, Mallet-Prevost, Colt & Mosle LLP announced that Gabriela Alvarez-Avila, former senior counsel to the World Bank Group's International Centre for Settlement of Investment Disputes (ICSID), has been made partner. She is based in Mexico City with the Firm's Mexican affiliate, Curtis, Mallet-Prevost, Colt & Mosle, S.C.
Tuckey LJ lines up 20 Essex Street role
Lord Justice Simon Tuckey is to join 20 Essex Street at the start of next year following his retirement from the bench in December. Tuckey LJ, who became a Lord Justice in 1998 and was previously a High Court judge in the Queen's Bench Division, will join the chambers as an arbitrator.
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LAWFIRMS
Texas Experts Form Gordius Consulting: A Litigation Consulting, Forensic Accounting, Business Valuation, and Disaster Recovery Assistance Firm in Houston, Texas
http://www.businesswire.com/portal/site/topix/index.jsp?ndmViewId=news_view&newsId=20081003005660&newsLang=en&ndmConfigId=1000639&vnsId=41
Two prominent Houston-area litigation support experts have opened a niche litigation, forensic accounting, business valuation, and crisis management consulting firm, Gordius Consulting LLC. Credentials are available for review at www.gordiusconsulting.com.
Wayne R. Wilson, CPA, and Michael Thompson, CPA/ABV, CFE, lead the new company. Wilson, Thompson, and other members of the firm have extensive experience in quantum analysis and damages reporting in international arbitrations, domestic dispute consulting, and expert witness testimony. Gordius experts also provide business and asset valuations, construction and crisis management accounting, bankruptcy and workout consulting services, forensic accounting, business interruption, and disaster recovery services.
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Holland & Knight opens law office in Abu Dhabi, United Arab Emirates.
http://www.hklaw.com/id45623/contentid52567/
Holland & Knight's Abu Dhabi Law Office Holland & Knight LLP has opened a law office in Abu Dhabi, United Arab Emirates. The new office will allow the firm to better serve clients located or doing business in the Middle East as well as in the surrounding regions of Africa, Central Asia, India and Pakistan. The office will also support the increasing number of cross-border transactions between those regions and the Americas, Asia, Europe and Russia, as well as the firm's cross-border dispute resolution practice.
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BOOKS
Justice in International Law - Stephen M. Schwebel Selected Writings
http://www.cambridge.org/uk/catalogue/catalogue.asp?isbn=9780521072991
Cambridge University Press
ISBN-13: 9780521072991
Also available in Hardback
Published September 2008
Judge Stephen M. Schwebel has been a highly respected member of the International Court of Justice since
1981. Since 1947 he has written more than 100 articles, commentaries and book reviews in legal and other periodicals and in the press. This volume brings together 36 of his legal articles and commentaries of continuing interest. The first part of the book examines the performance and capacity of the International Court of Justice, the second with aspects of international arbitration, and the third part looks at problems of the United Nations, especially the authority of the Secretary-General, the character of the Secretariat and financial apportionment. Part IV deals with questions of international contracts and taking foreign property interests, while the fifth part considers the development of international law, and in particular the central problem of the unlawful use of force.
- Brings together the best work by a greatly respected international lawyer and Judge of the International Court of Justice
- Schwebel's record was described as 'unsurpassed in the history of the Court' by a former President of the Court, Nagendra Singh
- Covers a wide range of issues, from the International Court of Justice, to the UN, to contracts, to international arbitration
Contents
Part I. INTERNATIONAL COURT OF JUSTICE:
1. Reflections on the role of the International Court of Justice;
2. Relations between the International Court of Justice and the United Nations;
3. Was the capacity to request an advisory opinion wider in the permanent Court of International Justice than it is in the International Justice?;
4. Authorising the Secretary-General of the United Nations to request advisory opinions of the International Court of Justice;
5. Preliminary rulings by the International Court of Justice at the instance of national courts;
6. Chambers of the International Court of Justice formed for particular cases;
7. Three cases of fact-finding by the International Court of Justice;
8. Indirect aggression in the International Court;
9. Human Rights in the World Court;
Part II. INTERNATIONAL ARBITRATION:
10. Arbitration and the exhaustion of local remedies;
11. Arbitration and the exhaustion of local remedies revisited;
12. Some aspects of international law in arbitration between states and aliens;
13. The majority vote of an international arbitral tribunal;
14. The prospects for international arbitration: inter-state disputes;
Part III. UNITED NATIONS:
15. The origins and development of Article 99 of the Charter;
16. The international character of the Secretariat of the United Nations;
17. Secretary-General and Secretariat;
18. A United Nations 'guard' and a United Nations 'legion';
19. Mini-states and a more effective United Nations;
20. Article 19 of the Charter of the United Nations: Memorandum of Law;
21. The United States assaults the ILO;
22. Goldberg variations;
Part IV. INTERNATIONAL CONTRACTS AND EXPROPRIATION:
23. Report of the Committee on Nationalisation of Property of the American branch of the International Law Association;
24. The story of the United Nations Declaration on Permanent Sovereignty over Natural Resources;
25. Speculations on specific performance of a contract between a state and a foreign national;
26. On whether the breach by a state of a contract with an alien is a breach of international law;
27. Some little-known cases on concessions;
28. Commentary on 'Social discipline and the multinational enterprise' and 'security of investment abroad';
Part V. AGGRESSION UNDER, COMPLIANCE WITH, AND DEVELOPMENT OF INTERNATIONAL LAW:
29. The legal effect of resolutions and codes of conduct of the United Nations;
30. The United Nations and the challenge of a changing international law;
31. What weight to conquest;
32. The Brezhnev Doctrine repealed and peaceful co-existence enacted;
33. Aggression, intervention and self-defense in modern international law;
34. Address and commentary;
35. The compliance process and the future of international law;
36. Government legal advising in the field of foreign affairs.
The Brussels 1 Regulation - Its Application and Scope"
http://www.hartpub.co.uk/books/details.asp?isbn=9781841139012
Edited by Burkhard Hess, Thomas Pfeiffer and Peter Schlosser.
Sept 08, 256pp, Hbk, 9781841139012, £66 / €100
Discount rate to OGEMID members: £53 / €80 (contact us for details on how to claim your discount)
Publisher: Hart Publishing Ltd.
This Report will be invaluable to both practitioners and scholars seeking to learn about the impact which the Judgment Regulation has had on civil procedure in Member States of the EU.
THE BRUSSELS 1 REGULATION - ITS APPLICATION AND SCOPE
Edited by Burkhard Hess, Thomas Pfeiffer and Peter Schlosser
On 1st March 2003, the Brussels I- Council Regulation (EC) No 44/2001 of 22nd December 2001 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters (Judgment Regulation) became the cornerstone of the European civil procedural law. The Regulation is directly applicable in all Member States and forms the residual instrument in cross-border civil procedures in the European Union.
This Report, by well-known German professors of law Hess, Pfeiffer, and Schlosser, provides a comprehensive analysis of the application of the Judgment Regulation in the Member States, based on interviews, statistics and practical research in the files of the national courts. The Report concludes that the Regulation does not require fundamental amendment, but that several improvements should be considered, especially with regard to the general function of the Regulation as the residual instrument of European Procedural Law.
Burkhard Hess and Thomas Pfeiffer are both Professors at Heidelberg University. Peter Schlosser is Emeritus Professor of Law at Munich University.
Electronic Disclosure in International Arbitration
http://www.jurispub.com/361/electronic-disclosure-in-international-arbitration
David J. Howell, Editor
Price: US$125, 400 pages. One Hardcover Volume. October 2008. ISBN-13: 978-1-933833-22-4
Discount available for TDM / OGEMID readers, contact us for details.
About the Book: International arbitration faces the challenge of the exponential increase in the volume of electronically stored information. Whilst there has been a convergence in the accepted scope of disclosure in international arbitration (chiefly reflected in the IBA Rules on Evidence) there is widespread concern at the potential burdens of disclosure of electronic documents, having regard to the litigation experience. Arbitrators are rapidly having to come to terms with these issues in an arbitration context, in order to meet the needs and expectations of the parties. A number of arbitration institutions are currently considering rule changes or protocols to address the disclosure of electronic documents. This publication analyses the procedural, practical and technical issues and addresses the appropriate approach to electronic disclosure in international arbitration, including those lessons and principles that can usefully be adapted from the litigation experience. Contributors include leading arbitrators, arbitration counsel, in-house counsel and IT experts, including leading experts in the field of electronic data management.
About the Editor: David J. Howell is a Partner in the London office of Fulbright & Jaworski and Co-chair of the firm's International Arbitration practice. He has more than 20 years' experience as principal counsel and advocate in the international arbitration of substantial commercial, investment and construction disputes. He has practiced in London, Dubai and Singapore and is a Fellow of the UK, Singapore and Hong Kong Institutes of Arbitrators.