issue #03, week 06. 02 February 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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Special OPEC Award bestowed on the late Professor Thomas Waelde

The OPEC Board of Governors has unanimously decided to award the late Professor Thomas Wälde with the OPEC Special Award, "in recognition of his outstanding work in the field of oil and energy research". The OPEC Special Award is a recent augmentation of the OPEC Award which itself is intended to honour those who have shown dedication to research and analysis of oil-related issues. In 2006, the late Professor Thomas Stauffer (once an Honorary Lecturer at CEPMLP) was the first recipient of the OPEC Special Award.

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NEWS

Ecuadorian president tells Repsol to drop World Bank claim or leave

Feb 1, http://english.eviewweek.com/Ecuadorian-president-tells-Repsol-to-drop-World-Bank-claim-or-leave.shtml

Ecuadorian President Rafael Correa has threatened to expel Spanish oil firm Repsol YPF unless the company drops a lawsuit against the country over a tax dispute, reports said.

"If Repsol wants to continue in Ecuador they have to drop the arbitration," Correa said Saturday in his weekly radio address. "We would like them (Repsol) to stay ... but they can't stay in a state they are suing," he added.

...

Law to give Scots lead in arbitration

Feb 1, http://business.scotsman.com/industry/Law-to-give-Scots-lead.4934045.jp

PROPOSALS to cut down on the cost and time involved in resolving disputes have been submitted to the Scottish Parliament. The Arbitration (Scotland) Bill could save millions of pounds and thousands of hours in court time and lead to Scotland becoming a world leader in settlements. The Chartered Institute of Arbitrators says it could also build up a new specialism with an annual turnover of at least £15m.

...

European Court of Human Rights to hear Yukos case against Russia

Jan 29, http://www.finanznachrichten.de/nachrichten-2009-01/12973759-rights-court-to-hear-yukos-case-against-russia-020.htm

The European Court of Human Rights has ruled that a case brought against Russia by shareholders in collapsed oil firm YUKOS is admissible and will be examined, a spokesman said on Thursday. The decision paves the way for a trial of the case, in which shareholders argue that they were stripped of their possessions.

'The admissibility decision has been pronounced and communicated to both parties,' a spokesman for the Strasbourg-based court said.

...

Court clears British Council of most tax claims worth 130 Mln rubles

Jan 29, http://www.interfax.com/3/467402/news.aspx

Interfax - The Ninth Arbitration Court of Appeals on Thursday partially granted a suit, filed by the British Council, and qualified as void most of the tax claims, worth around 130 million rubles, brought against it, an Interfax correspondent reported from the court. The parties in the litigation declined to provide comments or explanations.

...

Cook Islands join New York Convention

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

This month saw the accession of the Cook Islands to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Their accession on 12 January means that the Convention will enter into force with respect to the Cook Islands on 12 April 2009. The status of the Convention, to which 144 States are now party, is available on the UNCITRAL website.

...

Halliburton Announces Fourth Quarter Charge Related to Prospective Settlement of Foreign Corrupt Practices Act (FCPA) Investigations

Jan 26, http://ir.halliburton.com/phoenix.zhtml?c=67605&p=irol-newsArticle&ID=1248007

As previously disclosed in its public filings, Halliburton (NYSE:HAL) has engaged in settlement discussions with the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) with regard to the ongoing FCPA investigations involving Halliburton and KBR, Inc. (KBR). These discussions have resulted in prospective settlements with both agencies. The settlement with the DOJ has been fully negotiated and Halliburton has been advised that it is being reviewed for final approval. The settlement with the SEC has been approved contingent upon the completion of the settlement with the DOJ. There can be no assurance, however, that the settlement with the DOJ will be approved or that, consequently, the condition to the settlement with the SEC will be satisfied.

To enhance KBR's financial stability and solvency, making possible the separation of KBR, Halliburton indemnified KBR from fines or other monetary penalties or direct monetary damages, including disgorgement, as a result of a claim made or assessed by a governmental authority in the United States and certain other countries related to alleged or actual violations occurring prior to November 20, 2006 of the FCPA or particular, analogous applicable foreign statutes, laws, rules, and regulations in connection with investigations pending as of that date.

As a result of the indemnity and the terms of the prospective settlement with the DOJ, Halliburton would agree to pay $382 million on behalf of KBR in eight installments over the next two years. Pursuant to the terms of the prospective settlement with the SEC, Halliburton would agree to be jointly and severally liable with KBR for and, as a result of the indemnity, to pay to the SEC $177 million in disgorgement. KBR would separately agree that Halliburton's indemnification obligations with respect to the DOJ and SEC investigations would be fully satisfied.

The prospective settlement with the DOJ would not require Halliburton to engage a monitor. The prospective settlement with the SEC would require Halliburton to retain an independent consultant to perform a 60-day initial and, approximately one year later, a 30-day follow-up review and evaluation of Halliburton's anti-bribery and foreign agent internal controls and record-keeping policies and to adopt any necessary improvements.

During the second quarter of 2007, in connection with the separation of KBR from Halliburton, Halliburton recorded a gain on the disposition of KBR of approximately $933 million, net of tax and the estimated fair value of the FCPA and other indemnities and guarantees provided to KBR, which was included in "Income (loss) from discontinued operations, net of income tax" on the consolidated statement of operations. During the second quarter of 2008, Halliburton recorded additional adjustments to the estimated liability for the indemnities and guarantees provided to KBR. These indemnities and guarantees are primarily included in "Other liabilities" on the consolidated balance sheets and totaled $342 million at September 30, 2008.

As a result of these prospective settlements, Halliburton recorded in the fourth quarter of 2008 an additional charge to discontinued operations of $303 million or $0.34 per diluted share.

Commenting on these matters, a Company spokesperson stated, "The Company will not further comment or take questions regarding the prospective settlements, given that there can be no assurance that they will become effective in accordance with their respective terms."

Coalcorp Seeks Declaration of Invalidity on Coal Sales Arrangement

Jan 26, http://micro.newswire.ca/release.cgi?rkey=1701262550&view=97762-0&Start=0

Coalcorp Mining Inc. (TSX-CCJ) announced today that, following an internal review by the new management of the company, it is filing a notice of arbitration with the London Court of International Arbitration asking for a declaration that a contract which Coalcorp's agent GC Coal signed with Glencore International in February 2007 is not valid or binding on Coalcorp.

Coalcorp was also recently informed by Glencore and its Colombian subsidiary, C.I. Prodeco S.A., that port access via rail will not be available during the first half of calendar year 2009 and possibly the remainder of calendar year 2009. Coalcorp expects, absent any disruptions or delays to the current project plan, to have rail access in the first half of calendar year 2009 and fully expects Glencore/C.I. Prodeco S.A. to comply with its obligations under the contract, giving Coalcorp port access once Coalcorp has the ability to transport and deliver coal to the C.I. Prodeco port by rail. Coalcorp is prepared to use all legal means necessary to ensure that Glencore/C.I. Prodeco S.A. fulfils its obligations. Coalcorp has secured, and is in the process of identifying, other options to ensure ongoing port access and to diversify the company's shipment options.

...

Eureko plays hardball with government over PZU

Jan 27, http://www.wbj.pl/article-44191-eureko-plays-hardball-with-government-over-pzu.html?typ=wbj

The Dutch-owned Eureko may resign from its compensation demand of zl.35.6 billion regarding the privatization of the largest domestic insurance company, PZU, which it co-owns with the State of Poland.

Eureko currently holds a 33% stake in PZU, and it is demanding that an additional 21% stake in the Polish firm is sold to it before the end of March, which, according to Rzeczpospolita, could be a move to defend against expiration of claims.

"We shall certainly not agree to such proposals. Eureko has to accept some concessions," said Deputy Treasury Minister Zdzislaw Gawlik.

...

CEZ awarded damages over privatisation dispute with Bulgaria

Jan 22, http://www.sofiaecho.com/article/cez-awarded-damages-over-privatisation-dispute-with-bulgaria/id_34173/catid_67

The International Court of Arbitration in Paris ruled that Bulgaria had pay four million euro to CEZ, the Czech energy conglomerate that owns the power distribution grids in western and northern Bulgaria, Sega daily reported on January 22.

CEZ filed a lawsuit against Bulgaria in 2006, claiming that after the privatisation it discovered that the state had concealed money payable to the distributor. The latter demanded a total of 8.6 million euro, which had compiled as a result of inadequate accounting and certificates of audits dated from the days before the privatisation.

CEZ paid a total of 281.5 million euro for the acquisition of three state power distribution firms in 2004, Sega daily said.

...

India, Jordan signs BIPPA

Jan 22, http://economictimes.indiatimes.com/News/Economy/Foreign_Trade/India_Jordan_signs_BIPPA/articleshow/4017999.cms

A Bilateral Investment Promotion and Protection Agreement (BIPPA) between India and Jordan has come into force on Thursday. As per the agreement, both the countries will accord national treatment and most favoured nation treatment to investments from each other's territory.

To put it simply, both the countries will treat each other's investments on par with the treatment given to investments from domestic investors or any other country.

"The BIPPA seeks to promote and protect investments from either country in the territory of the other country with the objective of increasing bilateral investment flows," an official statement said. It requires both the countries to encourage and create favourable conditions for investors of each other to make investments in their territory and to admit investments in accordance with their laws.

The agreement also provides an elaborate dispute resolution mechanism which includes recourse to negotiations, conciliation and international arbitration. The treaty has come into force today with the exchange of Instruments of Ratification (IRs) between the two countries.

...

Pluris Energy Receives Favourable Arbitration Award

Jan 21 2009, http://phx.corporate-ir.net/phoenix.zhtml?c=101313&p=irol-newsArticle&ID=1246952

Pluris Energy Group Inc, along with its wholly owned British Virgin Islands subsidiary, Pluris Energy Group Inc. (BVI) (together "Pluris Energy" or "the Company"), is pleased to announce it has received a partial award (the "Award") from The Secretariat of the Court, International Court of Arbitration, International Chamber of Commerce, Paris, France (the "ICC").

The Award is the result of the binding arbitration action (the "Arbitration") the Company commenced against San Enrique Petrolera SA and its shareholders ("San Enrique," or the "Defendants") on April 27, 2007 for an initial damages claim estimate, which was submitted to the ICC in the amount of US$46.4 million. The Defendants submitted an initial counterclaim to the ICC for recovery of legal costs and translation fees associated with its defense in the Arbitration, for the amount of approximately $150,000.

The twenty-nine page docket rendered by the ICC binding the parties to the Award, approved by majority, determines that the Share Purchase Agreement (the "SPA") entered into between Pluris Energy and San Enrique on August 18, 2006 is terminated retroactively to October 31, 2006. It further determines that the SPA's early termination was seventy percent (70%) the responsibility of San Enrique and thirty percent (30%) the responsibility of Pluris Energy.

Pluris Energy won the exclusive rights to purchase 100% of the shares of San Enrique, a Buenos Aires, Argentina-based E&P Company, in August of 2006 through a competitive bidding process under the mutually agreed upon terms of the SPA for the purchase price of US$44 million. Subsequent to winning the bid, Pluris Energy's rights under the SPA were frustrated due to, among others, temporary injunctions that were filed in the Buenos Aires commercial courts opposing the transfer of the San Enrique shares to Pluris Energy. The injunctions were a result of disputes that arose between San Enrique and its existing partners related to joint venture agreements it had previously entered into regarding its Austral Basin property interests on Tierra del Fuego Island, Argentina. With the injunctions in place, Pluris Energy was unable to complete the acquisition of San Enrique under the jointly negotiated and agreed upon terms of the SPA as planned. Subsequent to the injunctions being upheld by the Buenos Aires Commercial Court of Appeals, Pluris Energy commenced the Arbitration against San Enrique through the ICC in order to protect the exclusive rights and interests it secured under the terms of the SPA.

Pluris Energy will support its final damages submission to the ICC through third party valuations evidencing the substantiation of the overall damages suffered by the Company as a result of it losing the business opportunity related to its planned acquisition of San Enrique. To the best knowledge of the Company, the responsibility in the final damages award would be allocated in the same proportion as it results from the partial award recently received. The ICC has informed Pluris Energy and San Enrique that the final damages award rendering would be made by March 31, 2009.

...

Canwest awarded more than $50 million in Hollinger arbitration decision

Jan 29, http://www.canwest.com/media/viewNews.asp?NewsroomID=922

An arbitrator has awarded Canwest Global Communications Corp ("Canwest") $50,747,092.00 in a dispute with Hollinger International Inc - now Sun-Times Media Group, Inc - and related parties ("Hollinger").

The decision by the arbitrator concerns a dispute between the two companies relating to unresolved adjustments and claims associated to Canwest's November 15, 2000 acquisition of certain newspaper assets from Hollinger.

"While the proceedings have been protracted over several years, we obviously feel justified that the time and effort it took to pursue the claim has been worth it," Canwest President and CEO Leonard Asper said. "The results demonstrate the value of our resolve in dealing with this issue."

The award is exclusive of interest and legal costs. Now that the substance of the claims has been determined, Canwest and Hollinger will appear before the arbitrator at a later date to argue the issues of interest and costs. Canwest intends to assert that in accordance with the transaction agreement, interest at various rates, including its cost of borrowed funds, is to be accrued on the net amount owing it from as early as August 31, 2000.

The arbitrator's final decision is subject to a limited right of appeal to the Ontario Superior Court, with leave, within 30 days of the final decision.

Canwest had originally claimed it was owed $84 million by Hollinger. This claim was disputed by Hollinger and certain of its affiliates who asserted they were owed $116 million by Canwest. After a 16 month arbitration process - that commenced in February 2007 and concluded in June 2008--the arbitrator found Canwest is due a net amount of just under $51 million, exclusive of interest and costs. The substantial portion of the award will be for the benefit of Canwest Media Inc., with the balance being for the benefit of Canwest Publications Inc.

Maritime Delimitation in the Black Sea (Romania v. Ukraine) - Court to deliver its Judgment on Tuesday 3 February 2009 at 10 a.m.

http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=ru&case=132&k=95

THE HAGUE, 16 January 2009. On Tuesday 3 February 2009, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, will deliver its Judgment in the case concerning Maritime Delimitation in the Black Sea (Romania v. Ukraine). A public sitting will take place at 10 a.m. at the Peace Palace in The Hague, during which the President of the Court, Judge Rosalyn Higgins, will read the Court's Judgment. This will be the hundredth Judgment delivered by the Court since its creation in 1946.

History of the proceedings

On 16 September 2004, Romania filed an Application instituting proceedings against Ukraine in respect of a dispute "concern[ing] the establishment of a single maritime boundary between the two States in the Black Sea, thereby delimiting the continental shelf and the exclusive economic zones appertaining to them". In its Application Romania states that on 2 June 1997 Ukraine and itself signed a Treaty on Relations of Co-operation and Good-Neighbourliness, as well as an Additional Agreement, by which the two States committed themselves to finding agreement on the above-mentioned matters. Both instruments entered into force on 22 October 1997. Romania contends that negotiations held since 1998 have been inconclusive. As a basis for the Court's jurisdiction Romania invokes Article 4 (h) of the Additional Agreement, which provides inter alia that the dispute be brought to the International Court of Justice at the request of any of the Parties if unresolved in a reasonable period of time, not later than two years after the initiation of the negotiations. Romania filed its Memorial and Ukraine its Counter-Memorial within the time-limits thus fixed by the Court by an Order of 19 November 2004. By an Order of 30 June 2006, the Court authorized the filing of a Reply by Romania and a Rejoinder by Ukraine and fixed time-limits for the filing of these pleadings. Romania filed its Reply within the time-limit thus fixed. By an Order of 8 June 2007, the Court extended the time-limit for the filing of the Rejoinder by Ukraine. The Rejoinder was duly filed within the time-limit thus extended. Public hearings were held in the case from 2 to 19 September 2008 (see Press Release No. 2008/29).

The Parties disagree on the course of the maritime boundary to be established, and in particular on the role in this respect of Serpents' Island (a maritime feature situated in the north-western part of the Black Sea, approximately 20 nautical miles east of the Danube delta).

Since the Court included upon the Bench no judge of the nationality of either of the Parties, each Party proceeded to exercise its right conferred by Article 31, paragraph 3, of the Statute to choose a judge ad hoc to sit on the case. Romania chose Mr. Jean-Pierre Cot (France) and Ukraine chose Mr. Bernard H. Oxman (United States of America).

Ukraine embroiled in another gas dispute

Jan 21 2009, http://www.ukrainianjournal.com/index.php?w=article&id=7829

A $2.3 billion natural gas dispute sparked on Wednesday between the government and a gas trader, two days after a 10-year gas deal had been reached between Ukraine and Russia. At least 10 billion cubic meters of gas, apparently owned by RosUkrEnergo and kept in Ukrainian underground gas tanks, is now owned by the state gas company Naftogaz Ukrayiny, Prime Minister Yulia Tymoshenko said.

...

BHP Billiton wins case vs RP partner

Jan 22 2009, http://www.abs-cbnnews.com/business/01/22/09/bhp-billiton-wins-case-vs-rp-partner

BHP Billiton Ltd. has reportedly won its case filed in a Singapore arbitration court against its Filipino joint venture partners led by Peter Tan. Environment and Natural Resources Secretary Jose L. Atienza said yesterday.

Atienza said the DENR would meet with the two disputing partners to help them come to an agreement on the implementation of the decision and hopefully allow the stalled Pujada nickel mining venture to finally proceed.

...

Facts and Figures on ICC Arbitration 2008

http://www.iccwbo.org/court/arbitration/index.html?id=26612

The full Statistical Report will be published in June/July 2009 in the ICC International Court of Arbitration Bulletin

Dubai and UAE to see massive jump in arbitrations in 2009

January 21, http://www.zawya.com/Story.cfm/sidZAWYA20090121085307/Dubai%20and%20UAE%20to%20see%20massive%20jump%20in%20arbitrations%20in%202009

Amidst the tightening grip of the global financial crisis, an arbitration focused seminar in Dubai this week indicated that the region is possibly on the brink of a massive increase in arbitration activity.

Arbitration is a legal technique for dispute resolution outside of the court system, where the arbitrator(s) (who effectively act as judges) are selected by the parties themselves and by whose decision the parties in dispute agree to be bound. To date, arbitration has been a relatively underused option for settling disputes in the regional market due to court enforcement problems, distrust of the method and a paucity of local venues.

...

LCIA reports 221 filings in 2008

http://www.lcia-arbitration.com/

LCIA ended the year with 221 new cases filed, an increase of some 60% on the previous year. LCIA reports that referrals continue to accelerate

Finra: Total 2008 Investor Arbitration Claims Up 85%

Jan 26, http://www.easybourse.com/bourse-actualite/marches/total-2008-investor-arbitration-claims-up-85prc-finra-603532?PHPSESSID=432e44a74d304d82fa59b67f46b55ec1

Securities arbitration claims filed by investors during 2008 surged 85% compared with 2007, according to the Financial Industry Regulatory Authority, or Finra.

...

Noga Takes the Final Step

Jan 15, http://www.kommersant.com/p842235/r_1/Noga_debt/

The Noga case, which those in Russia had thought was closed for good, has made itself known again. Yesterday, the Russian Finance Ministry acknowledged that funds in the Paris accounts of the Central Bank, RIA Novosti information agency and a number of other state companies in VTB Bank France SA and Calyon Bank, worth up to $70 million, had been frozen. Noga considers the 2006 agreement under which U.S. businessman Alex Kogan bought its debt invalid. The Finance Minister accuses Noga of misinforming the courts and Noga lawyers are ready to seek $800 million from Russia.

...

Adverse interim arbitral award against Outotec in Iowa, USA

Dec 30 2008, http://www.outotec.com/pages/XMLPage____37008.aspx?epslanguage=EN&dominourl=http%3a%2f%2fcws.huginonline.com%2fO%2f137025%2fPR%2f200812%2f1279988.xml

In its interim award the arbitral tribunal in Iowa, USA, has sustained Pattison Sand Company's claim of USD 10 million (approximately EUR 7 million) against Outotec and respectively rejected Outotec's counterclaim of USD 5 million related to Outotec's fracturing sand plant delivery in Clayton, Iowa. The interim award was unreasoned.

The estimated one-time effect of the arbitral award on Outotec's 2008 fourth quarter financial result is approximately EUR 9 million.

Outotec (formerly Outokumpu Technology) announced in August 2006 a contract with Pattison Sand Company for the design and turnkey delivery of a new hydraulic fracturing sand plant to Clayton, Iowa. The contract price was approximately EUR 14 million. In July 2007 Outotec withheld performance prior to the completion of the project due to unpaid invoices and dispute on the customer's responsibility in the project.

The final award is expected to be rendered upon January 16, 2009. Outotec's management investigates appropriate measures to be taken, including eventual appellate proceedings regarding the award.

...

PODCASTS

The Provider on Managing the Arbitration Case: The IDN Podcast Visits the AAA's International Division (Jan. 30).

http://www.cpradr.org/TrainingEvents/Podcasts/tabid/261/Default.aspx

Did you ever wonder what your ADR administrator is doing behind the scenes with your arbitration case? Have you ever wondered how your name really got in front the parties as a potential member of an arbitration panel? You came to the right place. In his new CPR podcast International Dispute Negotiation host Michael McIlwrath sits down to dissect the case manager's role with Christian P. Alberti, a New York-based solutions manager at the International Center for Dispute Resolution, the American Arbitration Association's international division, goes into deep detail about the nonprofit company's case management processes.

In Part 1, Alberti explains how the the AAA funnels cases to the ICDR. He tells how cases are initiated internally, how the ICDR processes the matters, and how it deals with arbitrator selection.

He also hashes out the provider's gatekeeping functions, not only in terms of matter selection, but also for the ICDR roster. Alberti specifies how the requirements set out by the ICDR's vice presidents are implemented to provide a ready group of dispute resolvers.

In the next podcast Mike and Chris discuss the roles played by case managers during the arbitration, and after the award is issued.

IDN 58 - Part 2 of Effective Advocacy in Mediation and Dispute Negotiation with Alex Oddy

http://www.cpradr.org/TrainingEvents/Podcasts/tabid/261/Default.aspx

More on representing clients in mediation from a top partner at this year's winner of the 2008 CPR Law Firm Award for Excellence in ADR. This week, host Mike McIlwrath presents Part 2 of his conversation with Alex Oddy, a partner who focuses on ADR at the law firm of Herbert Smith in London.Last week, Oddy presented the first four of his eight tips for effective mediation advocacy. This week, Oddy concludes with four more pointers on how parties can optimize their interaction with each other, and the mediator, once the process is underway--and even after it is concluded.

EVENTS

Workshop highlights popularity of Alternate Dispute Resolution

Jan 24, http://www.ameinfo.com/182185.html

Awareness raising workshop by Dubai Chamber initiative of Dubai International Arbitration Center (DIAC) puts the spotlight on practical and effective methods of resolving commercial disputes.

Essential amicable dispute resolution training at ICC - 9-11 March in Paris

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

In the current world economic climate it is more important than ever for international trade professionals to increase their knowledge of basic Amicable Dispute Resolution (ADR) techniques.

The ICC Institute of World Business Law is holding a two and a half day ADR training course on 9-11 March in Paris. The training will give professionals a rare opportunity to learn about the different techniques of ADR, taking into account cross-cultural awareness and legal considerations.

...

AIJA Zurich Arbitration Conference 11 - 13 Jun 2009 [pdf]

http://www.aija.org/uploads/events/ZURICH-FLYER.pdf

Zurich, Switzerland The three-day conference covers all major aspects of international arbitration including pros & cons of arbitration compared to State court proceedings, basic features of institutional arbitration rules, Swiss Rules & ICC Rules in practice, women in arbitration, drafting arbitration clauses, initiating arbitration proceedings, efficiency in proceedings, interim measures, presenting and examining witnesses, enforceability, relevance of the place of arbitration, future developments of arbitration. See also http://www.aija.org.

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.

Frankfurt Conference - Taxation Meets Arbitration

The German Institution of Arbitration e.V. (DIS) and the University of Muenster are jointly hosting a seminar on arbitration in disputes arising out of tax treaties. The seminar will take place on 7 March 2009 (9.30 - 17.00h) in Frankfurt.

International arbitration and taxation experts will discuss the possibilities to deal with disputes arising out of tax treaties by arbitration. Parallels will be drawn i.a. with INVESTMENT ARBITRATION and regard will be had to the use of procedural mechanisms developed in INVESTMENT ARBITRATION in the context of tax treaty arbitration.

The speakers and moderators will be: Professor Hugh Ault, OECD/Boston College Law School, The Hon. Charles N. Brower, 20 Essex Street Chambers, London, Dr. Marcus Desax, Walder Wyss & Partners, Zurich, International Fiscal Association, Arno E. Gildemeister, Paris, Dr. Richard Happ, Luther Rechtsanwaltsges. mbH, Hamburg, Dr. Roland Ismer, University Munich/University Nuremberg, Dr. Richard Kreindler, Shearman & Sterling, Frankfurt, Dr. Wolfgang Kuehn, Heuking Kuehn Luer Wojtek, Düsseldorf, Prof. Dr. Gerald Maesch, University Muenster, Prof. William W. Park, Boston University, Prof. Dr. Reinhard Pöllath, P+P Poellath + Partner, Munich, Prof. Kees van Raad, University Leiden, Prof. Ekkehart Reimer, University Heidelberg and Michael Wichmann, Federal Ministry of Finance, Berlin.

The conference will be conducted in English.

Venue: Frankfurt International Arbitration Center of DIS and Frankfurt Chamber of Industry and Commerce (FIAC), Boersenplatz 4, 60313 Frankfurt/Main.

Programme and registration information: www.tax-arbitration.com or www.dis-arb.de/aktuell/veranstaltungen.html

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.

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

Covington Boosts Global Arbitration Practice with Arrival of Stephen Bond

Jan 26, http://www.cov.com/news/detail.aspx?news=1387

Covington & Burling LLP is pleased to announce that Stephen Bond has joined the firm's Arbitration Practice Group. Mr. Bond, who has been recognised as one of the world's leading international commercial arbitration practitioners, will be resident in the firm's London office.

...

Jennifer Smith Named Deputy Chair of Litigation Department at Baker Botts L.L.P.

Jan 28, http://www.bakerbotts.com/infocenter/newsroom/detail.aspx?id=c26ba989-0a08-436b-8ca3-a66ed161dd10

Jennifer Smith, a partner in Baker Botts' Litigation Department, has been named Deputy Department Chair of the Litigation Department. Smith moves into the position following the appointment of George Lamb, a partner in the firm's Dallas office, as Deputy General Counsel for the firm.

...

LAWFIRMS

CPR Institute Presents Law Firm Award for Excellence in ADR to London-based Herbert Smith; Eversheds Awarded Honorable Mention

Jan 16, http://www.cpradr.org/tabid/45/articleType/ArticleView/articleId/447/Default.aspx

CPR Institute has presented the organization's second annual "Law Firm Award for Excellence in Alternative Dispute Resolution (ADR)" to London-based international law firm Herbert Smith LLP.

The CPR Institute - a membership-based, nonprofit alliance of global corporations, law firms, scholars, and public institutions dedicated to the principles of commercial conflict prevention and alternative dispute resolution - recognized Herbert Smith for its leadership and dedication to the principles of conflict management and resolution.

Magisters opens office in Astana

Jan 22, http://www.magisters.com/news.php?en/796/

Magisters announces its formal entry into the Kazakhstan market with the establishment of an office in Astana. The Astana office will initially comprise five lawyers and service Magisters' clients in the sectors of infrastructure, PPP, corporate and M&A, real estate, arbitration and white collar crime. The office will be led by Partner Marta Khomyak, previously a member of Magisters' Kyiv-based arbitration practice.

...

ICSID Concluded

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

Outcome of Proceeding: Settlement agreed by the parties and proceeding discontinued at their request (Order taking note of the discontinuance issued by the Tribunal on January 23, 2009 persuant to Arbitration Rule 43(1)).

ICSID Pending

Marion Unglaube v. Republic of Costa Rica (ICSID Case No. ARB/08/1)

Status of Proceeding: Pending (the Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(1) on January 23, 2009)

Pantechniki S.A. Contractors & Engineers v. Republic of Albania (ICSID Case No. ARB/07/21)

Status of Proceeding: Pending (the Claimant files a reply on the merits and jurisdiction on November 7, 2008)

Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14)

Status of Proceeding: Pending (the Claimants file a reply on the merits on January 26, 2009)

Ron Fuchs v. Georgia (ICSID Case No. ARB/07/15)

Status of Proceeding: Pending (the Tribunal holds a hearing on the merits in London on January 10-19, 2009)

Government of the Province of East Kalimantan v. PT Kaltim Prima Coal and others (ICSID Case No. ARB/07/3)

Status of Proceeding: Pending (PT Kaltim Prima Coal requests the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 on November 21, 2008)

Phoenix Action Ltd v. Czech Republic (ICSID Case No. ARB/06/5)

Status of Proceeding: Pending (the parties file statements of costs on October 1, 2008)

Ioannis Kardassopoulos v. Georgia (ICSID Case No. ARB/05/18)

Status of Proceeding: Pending (the Tribunal holds a hearing on the merits in London on January 10-19, 2009)

Waguih Elie George Siag and Clorinda Vecci v. Arab Republic of Egypt (ICSID Case No. ARB/05/15)

Status of Proceeding: Pending (the Claimants produce further documentation in support of their claims for costs on December 19, 2008)

LG&E Energy Corp., LG&E Capital Corp. and LG&E International Inc. v. Argentine Republic (ICSID Case No. ARB/02/1)

Status of Proceeding: Pending (the proceeding is suspended, pursuant to the parties' agreement on December 24, 2008)

Antoine Goetz and others v. Republic of Burundi (ICSID Case No. ARB/01/2)

Status of Proceeding: Pending (the Claimants, successors in interest to late Mr. Antoine Goetz, agree to the continuation of the proceeding on November 18, 2008)

ConocoPhillips Company and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30)

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the Respondent's request to deal with the objections to jurisdiction as a preliminary matter on January 23, 2009)

Mobil Corporation and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/27)

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

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

Status of Proceeding: Pending (the Tribunal issues a decision on the Respondent's request for clarification of the decision on an objection to jurisdiction on January 13 2009)

Alpha Projektholding GmbH v. Ukraine (ICSID Case No. ARB/07/16)

Status of Proceeding: Pending (the Respondent files a rejoinder on jurisdiction and the merits on January 21, 2009)

Impregilo S.p.A. v. Argentine Republic (ICSID Case No. ARB/07/17)

Status of Proceeding: Pending (the Respondent files a memorial on jurisdiction on January 16, 2009)

Meerapfel Söhne AG v. Central African Republic (ICSID Case No. ARB/07/10)

Status of Proceeding: Pending (the Respondent files a counter-memorial on jurisdiction and the merits on January 19, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order deciding to deal with the objections to jurisdiction as a preliminary matter; as a result the proceeding on the merits is suspended on January 22, 2009)

SAUR International v. Argentine Republic (ICSID Case No. ARB/04/4)

Status of Proceeding: Pending (pursuant to the parties' agreement, the suspension of the proceeding is further extended on December 17, 2008)

Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Argentine Republic (ICSID Case No. ARB/97/3)

Status of Proceeding: Pending (Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. file a counter-memorial on annulment on January 15, 2009)

BOOKS

Legal Principles in WTO Disputes

Andrew D. Mitchell
Cambridge University Press
Series: Cambridge Studies in International and Comparative Law (No. 61)
ISBN-13: 9780521873260

Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law, and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.