issue #02, week 04. 20 January 2009
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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OGEMID Awards of 2008 - FINAL RESULTS

Best Award of 2008:

Most Surprising Award of 2008:

Best Article of 2008 (tie):

Best Book of 2008 (tie):

Best Blog of 2008:

Best Project of 2008:

Congratulations to all the winners (and, indeed, nominees)!

With thanks to organisers: Baiju Vasani of Crowell & Moring, Mike McIlwrath of General Electric, Sophie Nappert of 3 Verulam Buildings, Hernan Perez Loose of Coronel & Perez and John Gaffney of O'Flynn Exhams.

Young-OGEMID virtual symposia

Young-OGEMID is a free listserv associated with our Transnational Dispute Management law journal for Students and (junior) Associates - you can apply for your free membership here: www.transnational-dispute-management.com/young-ogemid/

Call for contributions

Recent issues:

NEWS

Philippines: Maynilad may file 2nd arbitration case vs. MWSS

January 15, http://www.gmanews.tv/story/144414/Maynilad-may-file-2nd-arbitration-case-vs-MWSS

MANILA, Philippines - Maynilad Water Services Inc. (MWSI) may file an arbitration case against the Metropolitan Waterworks and Sewerage System (MWSS), which will be its second in nearly five years.

The company may seek legal relief in an international arbitration court in Singapore for the government's rejection of its plan to hike rates.

...

Brainstorming continues for signing of Pak-US BIT

January 20, http://www.dailytimes.com.pk/default.asp?page=2009%5C01%5C20%5Cstory_20-1-2009_pg5_2

ISLAMABAD: Government of Pakistan has hired the services of a Swiss consultancy firm for analysing the Pak-US Bilateral Investment Treaty (BIT), Federal Minister for Investment, Waqar Ahmed Khan told Daily Times.

The Pakistan Peoples Party led coalition government has decided to obtain legal as well as expert opinion on the draft of the BIT. In this regard the draft has been handed over to Ministry of Law and Justice and private legal consultants (Swiss consultancy firm) so that its clauses are analysed keeping in view the international best practices, said the minister.

...

Pakistan: IPPs seek arbitration for payment of dues

January 18, http://www.dawn.com/2009/01/19/top8.htm

Power crisis in the country has deepened because five independent power producers (IPPs), producing about 900 megawatts, have shut down six units and approached international arbitrators for the recovery of their dues.

...

One of them, the Japan Power Generation (JPG), has already approached the Singapore-based International Chamber of Commerce (ICC) for arrears unpaid for the past two and a half years.

...

UAE: Dispute with US company in arbitration, says Tecom

January 19, http://www.zawya.com/Story.cfm/sidZAWYA20090119031120/Dispute%20with%20US%20company%20in%20arbitration,%20says%20Tecom

TECOM Investments yesterday said its dispute with Capital Partners is under arbitration, after the US private equity firm claimed it had been shut down without warning.

"The arbitration is continuing and is not yet completed. Both parties to the arbitration are bound to observe confidentiality under the rules of the Dubai International Arbitration Centre, which govern this proceeding.

...

Shakya: ICC arbitration can solve disputes between government bodies

http://www.nepalnews.com/archive/2009/jan/jan19/news04.php

Minister for Industry Asta Laxmi Shakya, Sunday, asked the International Chamber of Commerce (ICC) to make people aware about itself as well as ICC arbitration.

While addressing an interaction on the role of ICC arbitration in settlement of business disputes held in the capital, she also said that the provision of arbitration can help in resolving disputes between government bodies too.

"This kind of initiation can well be vital in resolving petroleum issues with India," she further remarked.

According to ICC Nepal, ICC arbitration plays a crucial role in settling business disputes.

... See also "Experts urge arbitration to settle business disputes" http://www.kantipuronline.com/capsule.php?&nid=176114

Arbitration Court upholds decision of FAS to fine Gazprom Neft

http://www.skrin.com/news/2009/01/14/?F135BB95C17C40B2941EAF6D9CB3485B&doc_id=1&ret_path=/news/Default.asp

The Arbitration Court of St. Petersburg and Leningrad region upheld the decision of the Omsk Office of FAS of Russia to fine Gazprom Neft RUR300,000 as the company failed to comply with Antimonopoly Law. The fine was imposed on Gazprom Neft on June 19, 2008, the FAS reported.

Tata firm settles case with Flag Telecom

January 15, http://www.livemint.com/2009/01/15222201/Tata-firm-settles-case-with-Fl.html

...

A Tata Communications spokesman confirmed in an email reply that the company is ending the dispute as it has already paid $19 million (Rs93.3 crore now) in damages, as laid down in an international tribunal's final award. A Reliance Globalcom spokesman declined comment.

...

Arbitration Panel Awards Tessera $60.6 Million From Amkor

January 14, http://www.tessera.com/abouttessera/pressroom/Pages/pressroom.aspx?releaseId=1244749

Tessera Technologies, Inc. (NASDAQ:TSRA) announced that the International Chamber of Commerce's International Court of Arbitration has issued an award of $60.6 million to Tessera for Amkor's material breach of its license agreement. This amount covers the time period March 2, 2002 through Dec. 1, 2008 and does not include pre-judgment interest, which will be calculated at a 3% simple rate.

"We are pleased the International Court of Arbitration found our patents valid and enforceable, accepted Dr. Qu's testing methodology and calculations for proving that products were made under the patents, and granted the entire amount of damages we requested following the interim award," said Henry R. "Hank" Nothhaft, president and CEO of Tessera. "The entire payment from Amkor is due by Feb. 15, 2009."

The patents at issue in the arbitration are U.S. Patent No. 5,852,326 (the '326 Patent), U.S. Patent No. 6,433,419 (the '419 Patent), U.S. Patent No. 6,465,893 (the '893 Patent), and U.S. Patent No. 5,679,977 (the '977 Patent). The '326 and '419 patents are also being asserted in the U.S. International Trade Commission (ITC) Investigation No. 337-TA-605 (Wireless ITC action) and in Investigation Number 337-TA-649 (the Subcon ITC Action). The '977 patent is also being asserted in the Subcon ITC Action and in Investigation Number 337-TA-630 (the DRAM ITC Action).

...

SCC Reports All time high - Again

http://www.sccinstitute.se/uk/About/Statistics/

Year 2007 was the most successful year for SCC since the very beginning in 1917. But in 2008 the SCC received even more arbitration cases and set a new record with 176 cases filed. About half of the case-load was international, i.e. involving at least one non-Swedish party. The SCC continues to have many so-called East West disputes with parties from the former CIS countries and China on one side and parties from Europe, US and Canada on the other side. But also Latin America and Africa are represented in the statistics. Accordingly, the SCC maintains its position as a worldwide arbitration institution. We humbly look forward to an interesting and hopefully equally prosperous 2009!

New international SCC Board Members

http://www.sccinstitute.se/uk/New_international_SCC_Board_Members/

Four people with long standing expertise in international arbitration have been added to the SCC Board: Margrete Stevens, Michael J Moser, Nabil Elarby and Yu Jianlong

The Board is very actively involved in the SCC case management and it is, inter alia, in charge of the appointment of arbitrators, challenges to arbitrators and prima facie decisions on jurisdiction.

The foreign members of the SCC Board were appointed in 2006 and have greatly contributed to the world wide success of the SCC. The members are carefully elected from various parts of the world, in particular from areas where parties frequently request SCC arbitrations, such as China, the UK, Russia and the US.

Meanwhile, David W Rivkin, Pierre Karrer, Alexander Komarov and Johnny Veeder QC have all been re-elected. Also there are six Swedish members of the board, which is chaired by Johan Gernandt.

Code of conduct soon for arbitrators

January 8, http://www.zawya.com/Story.cfm/sidZAWYA20090108044451/Code%20of%20conduct%20soon%20for%20arbitrators%20in%20Saudi%20Arabia

Prince Dr. Bandar Bin Salman Bin Muhammed Al-Saud, Chairman of the Consultative Committee for Arbitration, said the committee has succeeded in convincing world law experts to accept graduates of Shariah to work as an international arbitrators in international courts.

Addressing a meeting at the Chamber of Commerce held in Al-Qassim, Prince Bandar said, "We have succeeded in having graduates of Sharia and Law treated equally and in introducing Sharia rules into the system of the Permanent Arbitration Court in the Hague, which is the world's International Court."

...

Herbert Smith wins Rusal arbitration proceedings

January 15, http://www.legalweek.com/Home/Articles/1196972/Herbert+Smith+wins+Rusal+arbitration+proceedings.html

Herbert Smith has successfully defended itself against arbitration proceedings brought against the firm by Russian aluminium giant Rusal. The dispute, which settled at the end of last year and is understood to have included concerns about Herbert Smith's fee levels, related to advice given to Rusal by Herbert Smith in the long-running Talco litigation.

...

Belize Fails to Pay International Arbitration Award

Press release - Washington, D.C., January 13, 2009 -- The Government of Belize, despite the public assurances of Prime Minister Dean Barrow, has failed to pay the international arbitration award in the amount of U.S. $4,420,586.63 in favor of Newco Limited, a joint venture between German and U.S. investors, relating to the wrongful termination of a concession agreement for the privatization and development of the Philip S.W. Goldson International Airport in Belize. The award was delivered in Miami, Florida by the unanimous decision of the arbitral tribunal formed under the UNCITRAL Arbitration Rules. The tribunal also awarded interest at a rate of eight percent, compounded quarterly beginning June 23, 2008, the date the award was issued.

As reported on July 18, 2008 by Amandala News Online (http://www.amandala.com.bz/index.php?id=7209), one of Belize's leading news publications, Prime Minister Barrow acknowledged that the amount payable to Newco is "just shy of 9 million Belizean dollars and interest continues to run for every day that the Government of Belize does not pay", further stating that "[t]here is no question …, in my view, of trying to resist the payment of the arbitral award … In any case, it is my understanding that under the New York Convention to which the last Government submitted, this award is not just enforceable in Belize, it is enforceable in the jurisdiction of any of the parties to that convention so that they can seek and obtain an order for enforcement in the states where there are assets of the Government of Belize."

Mr. Robert Wray, the Washington D.C.-based counsel to Newco, has informed counsel to the Government of Belize that the failure to honor the award after nearly six months since its issuance and the recent retroactive issuance of 68 tax assessments by the Government of Belize based upon fictitious monthly revenues have forced Newco to begin legal enforcement of the award. Legal actions will be filed in the countries with which Belize has its major trading and finance relations.

Newco has already initiated a civil action in the United States District Court for the District of Columbia to confirm and enforce the award under the New York Convention, naming the Government of Belize as defendant.

The willingness of the Government of Belize to breach its contractual obligation caught Newco by surprise, especially as only 10 days later, it announced that the concession would be turned over to a favored group of insiders. Newco is even more surprised that the Government of Belize is now refusing to honor the Award of the Arbitration panel, reversing the public statement of Prime Minister Barrow that the Award must be paid by the Government of Belize.

Mr. Wray expressed confidence in the success of international efforts to collect the award, despite the resistance of the Government of Belize.

PODCASTS

IDN 57 - Effective Advocacy in Mediation and Dispute Negotiation: Part 1 with Alex Oddy

Effective client representation in mediation is more than being a good spoken advocate, explains Alexander Oddy, partner in London-based Herbert Smith, which last night won the CPR Law Firm Award for Excellence in ADR.

Oddy explains that you also need to be a good written advocate, a good procedural advocate, and even a good psychological advocate in the mediation room in order to best support your client. And you need to be a good advocacy coach, too, so you can help your client take charge.

In the first of two parts, Alex provides four of eight mediation advocacy tips to International Dispute Negotiation host Mike McIlwrath. The second half of the tips will be available in Part II, next Friday, Jan. 23.

IDN 56 - Setting up the Cross-Cultural Mediation, with Jenny Beer

Mediator Jenny Beer, who in September told IDN podcast listeners in her first visit that disputes indeed are valuable, returns to discuss international mediation. Flexibility is needed for cross-cultural mediation, she explains. Beer, who co-authored the cross-discipline guide, "The Mediator's Handbook," in 1982, tells host Mike McIlwrath that negotiators "need a mindset-not a list."

EVENTS

ICC debuts conference on resolving disputes in space and aeronautics industries

January 7, http://www.iccwbo.org/icccgeja/index.html

As international and domestic air travel and the use of outer space rapidly grow and diversify, the commercial issues are becoming increasingly complex, creating opportunities for costly and lengthy disputes. To address a field undergoing tremendous change amid a proliferation of space activities, ICC will hold a seminar on resolving disputes in the space and aeronautics sectors.

The conference Dispute Resolution in Aeronautics and Space will take place on 5 February under the auspices of the ICC International Court of Arbitration. It will address three main themes: risk management; the impact of financing on enforcement and repossession strategies; and the methods available for resolving disputes.

...

Lecture on The Visible and Invisible World of International Claims Tribunals by Lucy Reed - 22 January 2009

http://law.wustl.edu/higls/index.asp?id=6922

Date: Thursday, 22 January 2009
Time: 3:30 PM
Place: Seigle Hall, Greenfield Classroom (No. 109)

The Harris World Law Institute will present a lecture by Lucy Reed, a partner in the New York office of Freshfields Bruckhaus Deringer LLP, where she heads their international arbitration group in the united states and specializes in investment treaty arbitration.

Recent years have seen the creation of many international claims tribunals, some more ad hoc than others, and some more well-know than others. These include the Iran-US Claims Tribunal, the UN Compensation Commission, the Claims Resolution Tribunal for Dormant Accounts in Switzerland, the Bosnia-Herzegovina and Kosovo Real Property Commissions, and the Eritrea-Ethiopia Claims Commission. The Rome State of the International Crimnal Court also envisions a claims process for victims. Join us as Lucy Reed describes the origin, features and performance of such tribunals.

For more information, contact Linda McClain, Assistant Director for the Harris World Law Institute at 314.935.7988 or

http://law.wustl.edu/higls/lectures/2008-2009/LucyReedposter.pdf

ASA/DIS Practice Building Seminar

January 23 - 25 2009. Hotel Römerbad, Badenweiler. Seminar language: English
http://www.dis-arb.de/aktuell/veranstaltungen.html

The seminar offers a platform for a dialogue on current developments on arbitration from a "common law" and "civil law" perspective. The lively, discussion-based sessions are each led by two experienced arbitration practitioners. The discussion leaders of the forthcoming event are: Mark Baker, Esq.; John Beechey, Esq.; Prof. Dr Karl-Heinz Böckstiegel; Prof. Doug Jones AM; Prof. Dr Siegfried H. Elsing; Mr Toby T. Landau, QC; Mr Laurent Lévy and Dr Markus Wirth

ICC: 4th International Commercial Mediation Competition

February 07 - 12 2009. Paris, France
http://www.iccwbo.org/iccceadc/index.html

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.

2009 Research Colloquium - Current Research on International Economic Law

February 13, 2009. UCLA School of Law, Los Angeles, California
http://www.asil.org/activities_calendar.cfm?action=detail&rec=58

Sponsored by the ASIL International Economic Law Interest group, this research colloquium will present the best of current scholarship and research in international economic law. The goal of this non-thematic research colloquium is to promote and facilitate discussion of works in progress relating to any area and issue of International Economic Law.

International Arbitration in the Americas: Procedural, Evidentiary and Current Issues

March 4, 2009, from 9:00 AM to 12:30 PM. Washington, DC.
http://www.wcl.american.edu/arbitration

Leading practitioners in the field will analyze recent practice trends and developments in the Americas in the area of international arbitration focusing specifically on evidentiary issues and recent court decisions. The conference is co-organized with the Inter-American Bar Association. The event is free and open to the public.

International commercial arbitration workshop to be held in Azerbaijan - 11 - 13 February 2009

On 11 - 13 February 2009, the Arbitration Institute of the Stockholm Chamber of Commerce jointly with Baker & McKenzie and the Azerbaijan International Arbitration and Mediation Center will host, for the first time in Azerbaijan, a three-day intensive workshop on International Commercial Arbitration.

The workshop is structured as a combination of lectures and working group sessions under the guidance of international arbitration experts. The practical sessions will include a mock arbitration case in which the participants will present a case, including preparation of party submissions and oral argument.

Arbitration Clauses in Tax Treaties - March 7th 2009

http://www.tax-arbitration.com/index.php

The University of MÜNSTER (Chairs of Prof. Dr. Dieter Birk and Prof. Dr. Gerald Mäsch) and the German Institution of Arbitration (DIS) will hold the first conference Taxation meets arbitration. The conference will bring together academics and practitioners (arbitration lawyers and tax lawyers, senior tax judges, ministry officials and representatives of the business community) in order to discuss the prospects of arbitration in international tax matters.

Belgrade Arbitration Conference [pdf]

March 27 2009. Belgrade, Serbia
http://bit.ly/IGx8 [pdf]

Part I: Foundations: arbitration agreement and arbitrability. Part II: Selected procedural issues . Part III: Arbitration perspectives. Speakers include: Prof. Jack Graves, Prof. Ronald Brand, Dr. Michael Mraz, Dr. Stavros Brekoulakis, Dr. Christian Dorda, Prof. Tibor Varady, Maria Theresa Trofaier, Karl Peter Puszkajler, Prof. Vesna Lazi, Per Runeland, Dr. Georgios Petrochilos, Dr. Gerold Zeiler, Dr. Fabian von Schlabrendorff, Prof. Eric Bergsten.

Fifth Annual Leading Arbitrators' Symposium on the Conduct of International Arbitration

6 April 2009. Grand Hotel Wien, Vienna
http://www.jurisconferences.com/arbitration.php?id=19

Leading international arbitrators and practitioners from North America and Europe will discuss, in Socratic form, four topics of importance to lawyers, arbitrators and businessmen who are involved in the resolution of international commercial disputes through arbitration. - Pre-hearing activities; - Hearing and post-hearing activities; - Ethics; and Expectations and disappointments in arbitration.

ITA-CANACO Americas Workshop: Damages in International Arbitration: Strategies, Techniques & Presentation - April 2

http://www.cailaw.org/ita/ITA_Canaco09.html

Workshop Co-Chairs José María Abascal (Abascal & Asociados, Mexico City), Andrea Bjorklund (UC David School of Law, Davis), Cecilia Flores Rueda (Santamarina y Steta, Mexico City), Stephen Jagusch (Allen & Overy LLP, London) and Claudia Salomon (DLA Piper US LLP, New York), have assembled a very impressive cast for an innovative bilingual program.

Third Annual Investment Treaty Arbitration Conference: A Debate And Discussion - Interpretation In Investment Arbitration

30 April 2009. Renaissance Mayflower Hotel. Washington, D.C.
http://www.jurisconferences.com/arbitration.php?id=20

Investment treaty arbitration remains one of the most dynamic and growing areas of international arbitration. The third annual conference continues the tradition of focusing on four of the most pressing issues before counsel - by establishing a dialogue between some of the brightest new stars in the field and some of its most seasoned practitioners. Eight up-and-comers are preparing papers on four of the most controversial and important issues in international investment law today. On April 30th our young authors will pair up to defend their positions before a panel of arbitrators and arbitration specialists.

Resolving Business Disputes in Today's China

11 May 2009. Harvard Club of New York City. New York City
http://www.jurisconferences.com/arbitration.php?id=18

China has become a magnet for international business. At the same time, the "China boom" has also produced a dramatic increase in the number and complexity of business disputes. Knowing how to effectively manage business disputes is an important component of every successful China business strategy. This one day conference by the world's leading China disputes experts provides you with an overview of current dispute settlement techniques and tools.

Weighing the Facts: Information Exchange and Presentation of Evidence in International Commercial and Investment Arbitration.

May 14 - 15 2009, Permanent Court of Arbitration, The Hague.
http://www.utcle.org/conference_overview.php?conferenceid=849

The Conference brings together internationally-renowned faculty from Europe, Asia, Latin America and the United States in a special conference focused on law, ethics, and consensus of information exchange and evidence in arbitration. The program combines analysis and practical application of electronic discovery and evidence in international commercial law and international arbitration. The conference concludes with a discussion by general counsel of ExxonMobil and Freshfields, Bruckhaus Deringer LLP.

International Arbitration Summer Session

May 26 - June 11, 2009. Washington, DC.
http://www.wcl.american.edu/arbitration

Summer session courses include Nuts and Bolts of International Commercial Arbitration; Investor-State Arbitration: Current Developments; International Arbitration and Choice-of-Law Issues; Advanced Seminar: Practical Skills and Cross-Examination in International Arbitration and Salient Issues in ICC Arbitration. A Spanish alternative to the "Nuts and Bolts", Arbitraje Comercial Internacional will also be offered. This year summer session will also include the four-hour advanced seminar: Cross-Examination in International Arbitration. The seminar will take up the art of cross-examination in international arbitration proceedings and cover cross-examination techniques, scope of cross-examination, the role of the tribunal in controlling cross-examination, cross-examination styles and dealing with advocates from different legal cultures.

The 14th Geneva Global Arbitration Forum - May 26 & 27 2009

The 14th Geneva Global Arbitration Forum

"Settling Disputes on a Shrinking Planet"
Geneva, Switzerland
Tuesday May 26 and Wednesday May 27, 2009

Please visit our website www.ggaf.ch

Programme Tuesday, May 26, 2009

18:00 - 20:00
Cocktail reception at the Four Seasons Hotel des Bergues

Programme Wednesday, May 27, 2009

09:00 Panel 1:

Honouring the Legacy of Thomas Wälde:

In a time of political and financial crisis, is there some room for adjusting the Force Majeure concept?

10:30 Coffee

11:00 Panel 2:

Current issues in damages evaluation:
- Is there any place for punitive damages in arbitral awards?
- Should interest be considered as damages?

12:30 Lunch

14:00 Panel 3:

How to make the arbitral awards in investment disputes acceptable to the Host States:
- any lesson to be drawn from the WTO dispute settlement system?
- Is there a democratic deficit to be remedied in the investment dispute system?

15:30 Coffee

16:00 Panel 4:

A new era with the Obama Administration:
- What prospects exist for reforming the dispute settlement system of the WTO - professional panelists, retroactive remedies, monetary compensation?

The Conference will end at 17:30

Speakers will include Charles C. Adams, Hogan & Hartson, Geneva; Christoph Brunner, Python & Peter, Berne; Melaku Desta, Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), Dundee; John Y. Gotanda, Villanova University, Pennsylvania; Gary Horlick, Wilmer Cutler Pickering Hale & Dorr, Washington D.C.; Pierre Lalive, Lalive, Geneva; Serge Lazareff, Chairman, ICC Institute of World Business Law, Paris; Petros Mavroidis, University of Neuchâtel and Columbia University; Federico Ortino; King's College, London; Philippe Preti, Baker & McKenzie, Geneva; Pierre Tercier, University of Fribourg; Jacques Werner, Werner & Associés, Genève; Roland Ziade, Cleary Gottlieb Steen & Hamilton, Paris. And more to come.

Jacques Werner will be the Chairman of the Conference.

The Forum is sponsored by:
- The Journal of World Investment & Trade
- The Geneva Post Quarterly
- OGEL - TDM

6th Annual Seminar on International Commercial Arbitration - How to Handle a BIT Arbitration

October 13 - 16, 2009. Washington, DC.
http://www.wcl.american.edu/arbitration

This four-day intensive seminar based on a mock arbitration case will provide critical skills and practical insight into handling BIT arbitration cases primarily under the auspices of the International Centre for Settlement of Investment Disputes (ICSID). Through dynamic interactive lectures and scenario-based exercises, participants will have the opportunity to work in small groups in constant debate with international experts and will be taught skills, strategies, and tactics for successfully conducting a BIT arbitration. The seminar is co-sponsored by the International Court of Arbitration of the International Chamber of Commerce (ICC); the American Arbitration Association; and ICSID.

MOVES / JOBS

Barton Legum joined Salans LLP as a partner and head of its investment treaty arbitration practice

January 14, http://www.salans.com/Default.aspx?sID=893&cID=303&ctID=43&lID=0

Salans LLP is proud to announce that on January 5, 2009 Barton Legum joined Salans LLP¨as a partner and head of its investment treaty arbitration practice. He joins the firm together with associate Anne-Sophie Dufêtre. Bart and Anne-Sophie were both previously with Debevoise & Plimpton LLP in Paris.

Bart is recognized as a leader in international arbitration, in particular for his accomplishments in the field of investment treaty arbitration. From 2000 to 2004, he served as the Chief of the NAFTA Arbitration Division of the United States Department of State. In that capacity, he tried over $2 billion worth of investment arbitrations. The United States won every case tried under his leadership. Bart also participated in the revision of the United States' model investment treaty and has acted in many ICSID and non-ICSID investment arbitrations over the past decade.

Bart Legum said: "Salans, with its expertise and offices in emerging markets, provides a superb platform for a practice focused on investment treaty and commercial arbitration. Salans has a long-standing and well deserved reputation as an arbitration powerhouse. I am delighted to join this dynamic team and contribute to the continued growth of Salans' arbitration practice."

...

Lucy Reed (Freshfields) appointed as new co-head of international arbitration

January 8, http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=1687

International law firm Freshfields Bruckhaus Deringer has announced that New York-based partner Lucy Reed has joined Jan Paulsson as global co-head of the firm's international arbitration group. The appointment is effective from 1 January 2009.

Lucy currently heads the firm's US international arbitration and public international law practice and is President of the American Society of International Law.

Jan will continue to divide his time between his active practice with the firm and teaching. His three-year term as Professor at the University of Dundee ends mid-2009 and he has been appointed to the Michael Klein Distinguished Scholar Chair at the University of Miami School of Law starting 2009-2010. He will also continue as a Visiting Professor at the London School of Economics.

...

Johan Gernandt and Jonas Eklund join Vinge in Stockholm

January 15, http://www.vinge.se/en/News/Nytt-om-Vinge-/2009/Johan-Gernandt-joins-Vinge-in-Stockholm/

The leading Swedish law firm Vinge has strengthened its dispute resolution group by recruiting two of Sweden's most experienced arbitration lawyers - Johan Gernandt and Jonas Eklund. With their broad experience of international disputes, they will further strengthen Vinge's profile, confirming Vinge's position as one of the leading Nordic firms in international arbitration.

Johan Gernandt is one of Sweden's leading international arbitration lawyers, with almost 40 years' experience of commercial law. Amongst other positions, he is currently Chairman of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce. Jonas Eklund is a well-respected and experienced Swedish arbitration lawyer, who has worked together with Johan Gernandt for many years.

Vinge has taken a strategic decision to increase its capacity and market share in the area of dispute resolution, with particular focus on international arbitration. Vinge's latest addition was English Solicitor-Advocate James Hope, who was appointed head of the dispute resolution group in Stockholm in December 2008. James Hope was previously with Skadden, Arps in London.

With the addition of Johan Gernandt and Jonas Eklund, Vinge has now taken a further step to increase its capabilities in the field of international arbitration.

White & Case Elects 21 New Partners

January 13, http://www.whitecase.com/press_01132009/

...

Christophe von Krause is based in Paris and has been named a partner in our global Disputes practice. A French-qualified international arbitration lawyer, he represents clients in International Chamber of Commerce arbitrations, ad hoc tribunals and other arbitral venues, in addition to acting in M&A-related arbitrations, and serves such industries as construction, oil and gas, hotel and leisure.

...

Bernd Ehle appointed as partner of LALIVE

January 1, http://www.lalive.ch/f/news/index.php?lang=en

Lalive reports that Bernd Ehle, Associate of the firm since 2003 has joined LALIVE as partner as at 1 January 2009.

ICSID Pending

Note: more information on these ICSID cases can be found at http://icsid.worldbank.org/ICSID/Index.jsp

Azpetrol International Holdings B.V., Azpetrol Group B.V. and Azpetrol Oil Services Group B.V. v. Republic of Azerbaijan (ICSID Case No. ARB/06/15)

Status of Proceeding: Pending (the Claimants object to the Respondent's application to dismiss the proceeding of December 31, 2008, on January 8, 2009)

Libananco Holdings Co. Limited v. Republic of Turkey (ICSID Case No. ARB/06/8)

Status of Proceeding: Pending (the Tribunal decides to deal with certain jurisdictional objections as a preliminary matter on December 17, 2008)

Togo Electricité and GDF-Suez Energie Services v. Republic of Togo (ICSID Case No. ARB/06/7)

Status of Proceeding: Pending (Togo Electricité files a reply on the merits and a counter-memorial to the Respondent's counter-claims on January 12, 2009)

Spyridon Roussalis v. Romania (ICSID Case No. ARB/06/1)

Status of Proceeding: Pending (the Claimant files a reply on the merits and a counter-memorial to the Respondent's counter-claim on December 21, 2008)

Ioan Micula, Viorel Micula and others v. Romania (ICSID Case No. ARB/05/20)

Status of Proceeding: Pending (the Tribunal confirms the preceedural calendar as agreed by the parties on December 2, 2008)

RSM Production Corporation v. Grenada (ICSID Case No. ARB/05/14)

Status of Proceeding: Pending (the Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1) on January 15, 2009)

Asset Recovery Trust S.A. v. Argentine Republic (ICSID Case No. ARB/05/11)

Status of Proceeding: Pending (the Claimant files a memorial on the merits on January 15, 2009)

Sociedad Anónima Eduardo Vieira v. Republic of Chile (ICSID Case No. ARB/04/7)

Status of Proceeding: Pending (the Republic of Chile files a counter-memorial on annulment on January 3, 2009)

Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines (ICSID Case No. ARB/03/25)

Status of Proceeding: Pending (the Republic of the Philippines files a counter-memorial on annulment on January 15, 2009)

Cementownia "Nowa Huta" S.A. v. Republic of Turkey (ICSID Case No. ARB(AF)/06/2)

Status of Proceeding: Pending (the Respondent objects to the Claimant's request for the discontinuance of the proceeding on December 18, 2008. On the same day, the Tribunal issues a proceedural order concerning the continuation of the proceeding)

Fondel Metal Participations B.V. v. Republic of Azerbaijan (ICSID Case No. ARB/07/1)

Status of Proceeding: Pending (the Respondent files a request for the discontinuance of the proceeding on December 31, 2008)

Europe Cement Investment and Trade S.A. v. Republic of Turkey (ICSID Case No. ARB(AF)/07/2)

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the continuation of the proceeding on December 23, 2008)

Alasdair Ross Anderson and others v. Republic of Costa Rica (ICSID Case No. ARB(AF)/07/3)

Status of Proceeding: Pending (the Claimants file a counter-memorial on jurisdiction and admissibility on January 13, 2009)

AES Summit Generation Limited and AES-Tisza Erömü Kft. v. Republic of Hungary (ICSID Case No. ARB/07/22)

Status of Proceeding: Pending (a non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2) on January 15, 2009)

Brandes Investment Partners, LP v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/3)

Status of Proceeding: Pending (the Claimant files observations on the Respondent's preliminary objections on December 19, 2008)

Railroad Development Corporation v. Republic of Guatemala (ICSID Case No. ARB/07/23)

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the procedural calendar on January 6, 2009)

RSM Production Corporation v. Central African Republic (ICSID Case No. ARB/07/2)

Status of Proceeding: Pending (the Claimant files a memorial on the merits on December 22, 2008)

Ahmonseto, Inc. and others v. Arab Republic of Egypt (ICSID Case No. ARB/02/15)

Status of Proceeding: Pending (Ahmonseto, Inc. and others file a reply on annulment on December 22, 2008)

BOOKS

Future of Investment Arbitration

Catherine A Rogers, Roger P Alford
ISBN13: 9780195371802
ISBN: 0195371801
To be Published: June 2009
Publisher: Oxford University Press
Binding: Hardback
Price: £82.00

Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come.

This one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of perspectives, are leading arbitration experts from all over the world, including ICSID insiders, US government officials, UNCTAD research personnel, seasoned investment arbitrators and counsel, and renowned legal scholars.

The book is divided into three themes, with the first centering on the adequacy of UNCITRAL and ICSID arbitration rules, with particular attention to recent and proposed changes. The second theme focuses on the future of bilateral investment treaties, discussing trends in the interpretation of treaty provisions and the debate concerning the efficacy of the treaties in benefiting developing countries. The third theme revolves around the public function of investment arbitration decisions, including the use of arbitration to resolve disputes between sovereigns and the arbitrators' role as a guardian of international public policy.

The Future of Investment Arbitration is unique in its outstanding range of topics and the expertise of the contributors. It previews and guides future directions in the field, as well as discussing the larger policy implications of specific rules. It includes cutting-edge analysis of empirical research regarding BITS that is essential to evaluating many assumptions about investment law and arbitration. Finally, the book takes a broad perspective, examining the rules discussed within the larger structural context of investment arbitration, and drawing investment arbitration into the wider setting of international law and corporate governance.