issue #04, week 09. 23 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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Recent issues:

NEWS

Nepal lost Rs 22 billion in Mid-Marsyangdi

Feb 22, http://www.myrepublica.com/portal/index.php?action=news_details&news_id=2162

Nepal incurred a direct and indirect loss of a total of around Rs 22 billion due to the delay in completion of the 70-MW (megawatt) Middle Marsyangdi Hydroelectric Project (MMHP), said a government official at a meeting of a parliamentary sub-committee.

...

A case has been filed at the International Court of Arbitration over disputes in the project.

Dow puts off lawsuit in Kuwaiti dispute

Feb 21, http://www.tradearabia.com/news/newsdetails.asp?Sn=IND&artid=156798

Dow Chemical Co said it had entered into arbitration proceedings to settle a dispute with a Kuwaiti firm that bailed out of a $17.4 billion joint-venture deal, and a person familiar with the matter said the US company had put off a lawsuit for now.

...

Biotech firm's dispute sent to Singapore arbitration centre

Feb 16, http://www.business-standard.com/india/news/biotech-firms-dispute-sent-to-singapore-arbitration-centre/00/22/349146/

The Supreme Court last week sent the dispute between Nandan Biomatrix Ltd and D1 Oils Ltd for arbitration at the Singapore International Arbitration Centre. Nandan Biomatrix is engaged in the business of seed cloning and production, nursery development and plantation management. It entered into three agreements with D1 Oils and entered into a joint venture.

There was a termination agreement also, which became the bone of contention when Nandan alleged breach of obligations under the supply agreement. While Nandan wanted arbitration, the other company denied that there was any international arbitration clause. The Supreme Court stated that there was indeed an arbitration agreement and since there was a claim for compensation, it should be decided by arbitration along with other issues.

Maersk Oil Qatar: Arbitration against UK supplier

Feb 20, http://www.maerskoil.com/en/News/PressReleases/2009/Pages/MaerskOilQatarArbitrationagainstUKsupplier.aspx

Maersk Oil Qatar has initiated arbitration against UK based supplier SLP Engineering Ltd., Lowestoft.

SLP Engineering was in 2006 awarded a turnkey contract for delivery of offshore accommodation platforms for the Al Shaheen field development in Qatar.

After a long series of commercial, financial and scheduling problems with SLP the contract was terminated for default by Maersk Oil Qatar in September 2008. At the time a very significant number of man-hours of contractual work remained incomplete, despite concessions on the work schedule, payment terms and, most recently, the provision of financial support to SLP Engineering by Maersk Oil Qatar.

Managing Director Jakob Thomasen, Maersk Oil Qatar: "SLP Engineering has not honoured its contractual obligations despite our efforts to assist where possible and Maersk Oil Qatar is today a significant creditor of SLP Engineering. We have had no option but to initiate arbitration to seek recovery."

UAE Ministry to streamline arbitration

Feb 16, http://www.thenational.ae/article/20090216/BUSINESS/165473038/1005

The Justice Ministry is to introduce a triage system to ease the passage of civil disputes through the complex and competitive commercial arbitration procedures.

...

Arbitration row: Czech co wants $250 mn from Andhra govt

Feb 23, http://www.livemint.com/2009/02/23000501/Arbitration-row-Czech-co-want.html

CKD Exports Ltd has filed a case in the International Court of Arbitration against the Andhra Pradesh government for not awarding a contract originally offered to it

...

The case, while not rare, is indicative of foreign investors, prompted by the lengthy process in Indian courts, turning to international judicial avenues to seek redressal, legal experts said, predicting such instances would increase.

...

RP stakes claim to part of disputed Spratlys

Feb 17, http://www.abs-cbnnews.com/nation/02/17/09/rp-stakes-claim-part-disputed-spratlys

Philippines lawmakers Tuesday passed a bill laying claim to part of the disputed Spratly islands in the South China Sea, claimed in whole or in part by a host of Asian nations. The legislation passed by the Senate marks out the Southeast Asian nation's maritime boundaries but acknowledges rival claims.

...

Senate Majority Leader Miguel Zubiri said the wording signals that Manila would be open for arbitration on territorial questions.

IPIC says claims by Hyundai shareholders dismissed

Feb 16, http://uk.reuters.com/article/oilRpt/idUKSEO10731020090216

Reuters - International Petroleum Investment Co (IPIC) said on Tuesday that the International Chamber of Commerce (ICC) had dismissed all claims made by Hyundai shareholders regarding its sale of Hyundai Oilbank, South Korea's smallest refiner.

...

AFC Files Request for Declaratory Judgment and Arbitration Against Supplier

Feb. 17, http://phx.corporate-ir.net/phoenix.zhtml?c=125194&p=RssLanding&cat=news&id=1257347

AFC Enterprises, Inc., the franchisor and operator of Popeyes(R) restaurants, today filed a Complaint for Declaratory Judgment and a Demand for Arbitration against Diversified Foods & Seasonings, Inc., one of the primary suppliers of products to Popeyes restaurants.

In the Declaratory Judgment filing with the court, AFC, on behalf of its franchisees and customers, seeks confirmation of its right to determine any recipe and formula changes made to its core products to meet nutritional mandates, regulatory matters, importation restrictions and economic factors. The Demand for Arbitration asserts that Diversified has breached its supply agreement with AFC by not providing products to AFC and its franchisees, both domestically and internationally, at fair and reasonable prices.

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FINRA Awards STMicroelectronics $406 Million Against Credit Suisse Securities (USA) LLC

February 16, http://www.st.com/stonline/press/news/year2009/c2595c.htm

STMicroelectronics announced that an arbitration panel of the Financial Industry Regulatory Authority ("FINRA") - in a full and final resolution of the issues submitted for determination - awarded STMicroelectronics, in connection with the sales by Credit Suisse Securities (USA) LLC ("Credit Suisse") to the Company of unauthorized "auction rate securities," an amount of approximately $406 million comprising compensatory damages, as well as interest, attorney's fees, and consequential damages, which were assessed against Credit Suisse. In addition, ST is entitled to retain the about $25 million interest award which had already been paid.

As previously noted in its 20-F filing of March 2008, STMicroelectronics N.V. had instituted the arbitration against Credit Suisse in connection with the unauthorized purchase by Credit Suisse of collateralized debt obligations and credit link notes instead of the Federally guaranteed student loan securities that had been specifically mandated by the Company for purchase.

Over time, as the credit market negatively developed, the Company recorded other-than-temporary impairment charges for a cumulated amount of $173 million.

Payments by Credit Suisse pursuant to the arbitration award will result in a further strengthening of ST's financial position by increasing current liquidity by about $406 million, against a $242 million less balance in Non Current Assets. At collection, ST will transfer ownership of its portfolio of unauthorized "auction rate securities" with Credit Suisse, and should be able to record a pre-tax gain of about $163 million to reverse impairment losses accrued in Income Statement of prior periods.

National University of Singapore winner of the 4th ICC International Commercial Mediation Competition [pdf]

Feb 13, http://www.iccwbo.org/uploadedFiles/Court/DRS/ADR/News/competition_2009_finals.pdf

The team from National University of Singapore was declared the winner of the 4th ICC International Commercial Mediation Competition.

TEAMS COMPETING IN FINAL ROUNDS

FINAL - Thursday 12 February 2009 - -14:00

SEMI FINALS - Wednesday 11 February 2009 - 15:15

QUARTER FINALS - Wednesday 11 February 2009 - 8:15

NAFTA fifteen years later: the successes, failures and future prospects of Chapter 11

http://www.investmenttreatynews.org/cms/news/archive/2009/02/17/nafta-fifteen-years-later-the-successes-failures-and-future-prospects-of-chapter-11.aspx

Interviews with Gus Van Harten; Ian Laird; Todd Weiler; Barton Legum and Alejandro Faya Rodriguez.

Investment Policy Review of Viet Nam

Feb 11, http://www.unctad.org/Templates/webflyer.asp?docid=11037&intItemID=1528&lang=1

Viet Nam should widen the scope of its efforts to promote and attract foreign direct investment (FDI) to the services sectors in order to continue on its fast development track, UNCTAD recommends in its Investment Policy Review. This study was presented in Geneva on 9 February 2009 during a working session with Deputy Prime Minister Mr. Hoang Trung Hai, Vice-Minister of Planning and Investment Mr. Nguyen Chi Dzung, and Vice-Minister of Industry and Trade Mr. Do Huu Hao.

...

Yemeni Government keen on enhancing partnerships with private sector

Feb 15, http://yemenonline.info/news-1072.html

Minister of Planning and International Cooperation Abdul Karim Al-Arhabi confirmed today the government's keenness on enhancing partnerships with local private sector. Opening a discussion workshop on the final draft of the new investment law, Al-Arhabi affirmed that the reforms - adopted and implemented by the government for the purpose of upgrading legislations regarding Yemen investment potentials activation - aim at the promotion of the national private sector to contribute to the development process in the country.

...

Govt, Quiborax near agreement to sidestep ICSID - Bolivia

Feb 12, http://www.bnamericas.com/news/privatization/Govt,_Quiborax_near_agreement_to_sidestep_ICSID1

The Bolivian government and Chilean industrial minerals producer Quiborax, which previously mined ulexite at Bolivia's Uyuni salt flat, are moving ahead with negotiations to reach an agreement that will make a lawsuit unnecessary, Bolivia's mining director Freddy Beltran told BNamericas.

In February 2006, the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) accepted the case that Quiborax presented against the Bolivian state for expropriating the concessions it held at the Uyuni salt flat.

...

Biotech firm's dispute sent to Singapore arbitration centre

Feb 16, http://www.business-standard.com/india/news/biotech-firms-dispute-sent-to-singapore-arbitration-centre/00/22/349146/

There was a termination agreement also, which became the bone of contention when Nandan alleged breach of obligations under the supply agreement. While Nandan wanted arbitration, the other company denied that there was any international arbitration clause. The Supreme Court stated that there was indeed an arbitration agreement and since there was a claim for compensation, it should be decided by arbitration along with other issues.

...

US Congress Must Level Playing Field Between Consumers and Corporations, Pass Arbitration Fairness Act

Feb 12, http://www.commondreams.org/newswire/2009/02/12-17

With the re-filing today of the Arbitration Fairness Act, Congress again has the opportunity to empower victims of predatory, fraudulent and abusive practices. The Arbitration Fairness Act, sponsored by Rep. Hank Johnson (D-Ga.), would end the practice of forcing consumers, employees and franchise owners to sign away their rights to take disputes to court.

...

Allianz SpA (formerly Riunione Adriatica di Sicurtà SpA) and Generali Assicurazioni Generali SpA v West Tankers Inc.

Feb 10, http://europa.eu/rapid/pressReleasesAction.do?reference=CJE/09/13&format=HTML&aged=0&language=EN&guiLanguage=en

A Court of a Member State May Not Make an Order to Restrain a Person From Commencing Civil Proceedings Before a Court of Another Member State, Even If Such Proceedings May Be Contrary to an Arbitration Agreement

Judgment of the Court of Justice in Case C-185/07

Allianz SpA (formerly Riunione Adriatica di Sicurtà SpA) and Generali Assicurazioni Generali SpA v West Tankers Inc.

A COURT OF A MEMBER STATE MAY NOT MAKE AN ORDER TO RESTRAIN A PERSON FROM COMMENCING CIVIL PROCEEDINGS BEFORE A COURT OF ANOTHER MEMBER STATE, EVEN IF SUCH PROCEEDINGS MAY BE CONTRARY TO AN ARBITRATION AGREEMENT

The New York Convention on arbitration[1] provides that a court, when seised of an action in a matter in respect of which the parties have made provision for arbitration, will, at the request of one of the parties, refer the parties to arbitration, unless it finds that the arbitration clause is null and void, inoperative or incapable of being performed.

The Community regulation on jurisdiction[2] excludes arbitration from its scope of application. It also provides that proceedings relating to tort, delict or quasi-delict may be brought before the courts for the place where the harmful event occurred or may occur.

In August 2000 the Front Comor, a vessel owned by West Tankers and chartered by Erg Petroli SpA, collided in Syracuse (Italy) with a jetty owned by Erg and caused damage. The charterparty was governed by English law and contained a clause providing for arbitration in London.

Erg claimed compensation from its insurers Allianz and Generali up to the limit of its insurance cover and commenced arbitration proceedings in London against West Tankers for the excess. West Tankers denied liability for the damage caused by the collision.

Having paid Erg compensation under the insurance policies for the loss it had suffered, Allianz and Generali brought proceedings against West Tankers before an Italian court in Syracuse in order to recover the sums they had paid to Erg. West Tankers raised an objection as to that court's lack of jurisdiction on the basis of the existence of the arbitration agreement.

In parallel, West Tankers brought proceedings before the courts in the United Kingdom, seeking to have the dispute settled by arbitration as stipulated in the charterparty. West Tankers also sought to have the two insurers restrained from pursuing any proceedings other than arbitration and from continuing the proceedings commenced before the Italian court.

The House of Lords, before which the appeal was brought in the United Kingdom, asks the Court of Justice whether the regulation prohibits the courts of a Member State from making an order to restrain a person from commencing or continuing legal proceedings in another Member State on the ground that such proceedings are in breach of an arbitration agreement, even though arbitration is excluded from the scope of that regulation.

In its judgment today, the Court finds that the proceedings before the House of Lords, the purpose of which is to prohibit a person from continuing proceedings before a court in another Member State, do not come within the scope of the regulation. However, such proceedings may have consequences which undermine the effectiveness of the regulation, in particular, where they prevent a court of another Member State from exercising the jurisdiction conferred on it by the regulation.

Civil proceedings brought before the Italian court concerning a claim for damages do come within the scope of the regulation. Likewise, the preliminary issue of whether the arbitration agreement is valid and applicable, which is necessary for determining whether the Italian court has jurisdiction as to the substance, also comes within the scope of the regulation.

The Court recalls in that regard that the regulation does not authorise the jurisdiction of a court of a Member State to be reviewed by a court in another Member State. It is thus exclusively for the Italian court before which Allianz and Generali brought proceedings to rule on its own jurisdiction in order to resolve as to the substance the dispute brought before it.

Consequently, the Court finds that the order sought by West Tankers in the United Kingdom, for legal proceedings in Syracuse to be discontinued, would obstruct a court of another Member State in the exercise of the powers conferred on it by the regulation. Moreover, such an injunction could undermine the trust which the Member States accord to one another's legal systems and judicial institutions and on which the system of jurisdiction under the regulation is based.

Further, the Court observes that if the Italian court were prevented from examining the validity or the applicability of the arbitration agreement, the insurers would be deprived of a form of judicial protection to which they are entitled. Applicants which consider that the arbitration clause is void, inoperative or incapable of being performed would thus be barred from access to the court before which they brought proceedings under the regulation.

In the light of those considerations, the Court finds that it is incompatible with the regulation for a court of a Member State to make an order to restrain a person from commencing or continuing proceedings before the courts of another Member State on the ground that such proceedings would be contrary to an arbitration agreement. This finding is also supported by the New York Convention, according to which it is the court, when seised of an action in a matter in respect of which the parties have made provision for arbitration, that will, at the request of one of the parties, refer the parties to arbitration, unless it finds that the arbitration clause is null and void, inoperative or incapable of being performed.

Unofficial document for media use, not binding on the Court of Justice.

The full text of the judgment may be found on the Court's internet site

[1] The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York on 10 June 1958 ( United Nations Treaty Series, Vol. 330, p. 3).

[2] Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).

International Finance Corporation to develop Global best practice in ADR

http://www.cedr.com/index.php?location=/news/archive/20090211_319.htm

CEDR has recently signed a contract with the International Finance Corporation (IFC), the development arm of the World Bank, for a one-year consultancy contract to develop best practice in the establishment of Alternative Dispute Resolution (ADR) projects worldwide. In conjunction with CMI (Conflict Management International), CEDR will provide guidance and support to IFC in its ADR projects in emerging markets.

...

CanArgo Energy Corporation: Settlement of WEUS Holding Inc Claims

Feb 10, http://www.marketwire.com/press-release/Canargo-Energy-Corporation-NYSE-Alternext-US-CNR-947996.html

CanArgo Energy Corporation announced that on February 9, 2009 it had entered in to a Settlement Agreement with WEUS Holding Inc ("WEUS") a subsidiary of Weatherford International Ltd. On September 12, 2005, WEUS had lodged a formal Request for Arbitration with the London Court of International Arbitration against the Company in respect of unpaid invoices for work performed under the Master Service Contract dated June 1, 2004 between the Company and WEUS for the supply of under-balanced coil tubing drilling equipment and services during the first and second quarter of 2005. Pursuant to the Request for Arbitration, WEUS' demand for relief was USD $4,931,332. Pursuant to the terms of the Settlement Agreement and in consideration for the termination of the arbitration proceedings and the receipt of mutual releases the Company has agreed to use its best efforts to pay WEUS the settlement amount of $1.2 million on or before February 18, 2009 but in any event on or before March 31, 2009. Each party agrees to bear its own costs of the arbitral proceedings and the settlement and to share equally the costs of the arbitrator.

...

Amkor Pays Tessera $58.8M from International Arbitration Award

Feb 9, http://www.tradingmarkets.com/.site/news/Stock%20News/2166022/

Tessera Technologies, Inc. (TSRA) announced that Amkor Technologies (AMKR) has paid Tessera $58.8 million, as per the terms of the International Chamber of Commerce's International Court of Arbitration award to Tessera for Amkor's material breach of its license agreement. The remainder of the entire $64.1 million award is due by Feb. 15, 2009.

...

Boeing Wins Long-Pending Satellite Arbitration Case

Feb 9, http://money.cnn.com/news/newsfeeds/articles/djf500/200902092140DOWJONESDJONLINE000605_FORTUNE5.htm

Dow Jones - Boeing Co. (BA) said it won a long-pending international arbitration case filed by a group of insurance underwriters seeking as much as $365 million for defects on a satellite the company manufactured and sold to a Middle Eastern telecommunications provider.

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Cambodia to launch arbitration court later this year

Feb 6, http://en.ce.cn/World/Asia-Pacific/200902/06/t20090206_18134248.shtml

Cambodia's first informal court to resolve business disputes is moving forward for launch in 2009, with about 200 business and legal professionals already under training, said national media on Friday.

"A business dispute is not a good way to spend your time" and domestic and international disputes can be drastically shortened with an arbitration court, Renato Ganeo, manager of the training project, was quoted as saying by English-Khmer language newspaper the Cambodia Daily.

Uncertainty, inefficiency and high costs in the judicial court system, not only in Cambodia but around the world, have led a number of countries to create alternative dispute resolution procedures that allow parties to bypass the formalities of the legal system, said Ganeo.

...

Consultation on the Arbitration (Scotland) Bill - conclusions and next steps

Feb 5, http://www.scotland.gov.uk/Publications/2009/02/-18

The Scottish Government issued a consultation paper along with a draft Arbitration (Scotland) Bill on 27 June 2008. The paper identified 35 specific discussion points on which the views of consultees were specifically sought. 29 responses were received. There was extensive stakeholder engagement during the consultation period as explained in the Annex.

...

ICC: Survey of national rules on enforcement of awards

February 2009, http://www.iccwbo.org/icccgjca/index.html

The report of a task force that has been compiling national rules of procedure for recognition and enforcement of foreign arbitral awards pursuant to the New York Convention will be published in the forthcoming Supplement to the ICC International Court of Arbitration Bulletin.

...

Links, Lovells oil the wheels as TNK-BP partners make peace

Feb 2, http://www.thelawyer.com/cgi-bin/item.cgi?id=136534&d=415&h=417&f=416

Linklaters and Lovells have thrashed out the details of a peace deal between the warring partners in the TNK-BP energy venture in Russia. The corporate restructuring sees the management of the venture split equally between the two shareholders - Russian consortium AAR and BP. Three independent directors have also been appointed.

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Arbitration court overturns $37 mln fine for Gazprom Neft

Feb 2, http://en.rian.ru/business/20090202/119924945.html

The St. Petersburg Arbitration Court has overturned a 1.35 billion ruble ($37 million) fine earlier imposed on Gazprom Neft, the Russian antitrust service reported on Monday. The Federal Antimonopoly Service (FAS) said the court had acted beyond its jurisdiction and that it would challenge the ruling.

...

Maritime Delimitation in the Black Sea (Romania v. Ukraine)

http://www.icj-cij.org/docket/index.php?p1=3&p2=2&PHPSESSID=d9c704ebcf507838aa1fd9ca81af4e11&case=132&code=ru&p3=4

Maritime Delimitation in the Black Sea (Romania v. Ukraine)

The Court establishes the single maritime boundary delimiting the continental shelf and exclusive economic zones of Romania and Ukraine

THE HAGUE, 3 February 2009. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, today rendered its Judgment in the case concerning Maritime Delimitation in the Black Sea (Romania v. Ukraine).

In its Judgment, which is final, binding and without appeal, the Court unanimously

"Decides that starting from Point 1, as agreed by the Parties in Article 1 of the 2003 State Border Régime Treaty, the line of the single maritime boundary delimiting the continental shelf and the exclusive economic zones of Romania and Ukraine in the Black Sea shall follow the 12-nautical-mile arc of the territorial sea of Ukraine around Serpents' Island until Point 2 (with co-ordinates 45° 03' 18.5" N and 30° 09' 24.6" E) where the arc intersects with the line equidistant from Romania's and Ukraine's adjacent coasts. From Point 2 the boundary line shall follow the equidistance line through Points 3 (with co-ordinates 44° 46' 38.7" N and 30° 58' 37.3" E) and 4 (with co-ordinates 44° 44' 13.4" N and 31° 10' 27.7" E) until it reaches Point 5 (with co-ordinates 44° 02' 53.0" N and 31° 24' 35.0" E). From Point 5 the maritime boundary line shall continue along the line equidistant from the opposite coasts of Romania and Ukraine in a southerly direction starting at a geodetic azimuth of 185° 23' 54.5" until it reaches the area where the rights of third States may be affected."

...

Eli Aroch's NIS 95 million arbitration award reversed

Feb 3, http://www.haaretz.com/hasen/spages/1061146.html

Will get about NIS 9 million in compromise with Clal. A compromise in the bitter battle between options speculator Eli Aroch and Clal Finance is taking shape. Aroch will reportedly get between NIS 8 million and NIS 10 million, a third of which will go to his lawyers. He will also have to admit in writing that he faked documentation filed with the arbitrator, Yakov Meltz.

Aroch had won NIS 96 million in an arbitration ruling in March 2006, based on his claimed losses from the investment bank's failure to carry out his instructions. Though arbitration results are not normally subject to appeal, the loss, and mainly the stunning magnitude of the penalty (which Clal leader Avigdor Kaplan called, "insane, paradoxical and based entirely on threats") triggered one of the most aggressive defense drives ever seen in the country. It included claims by Clal Finance that Aroch had based his claim on forged paperwork.

...

PODCASTS

IDN 62 - The Arbitration Fairness Act, Analyzed

In this week's International Dispute Negotiation podcast, the American Arbitration Association's general counsel, Eric Tuchmann, returns for his second visit, analyzing the Congressional push to ban mandatory consumer, employment and franchise arbitration. Initiatives to change arbitration practice were reintroduced last week.

IDN host Mike McIlwrath, of GE Oil & Gas in Florence, Italy, sat down with Eric before the bills were reintroduced, and brings listeners up to date. Eric presciently predicts that certain language in the Arbitration Fairness Act won't survive-and indeed, one provision he found troubling in the earlier version of the bill was stricken in the new version that debuted last week.

Find out what that change was, and what else may be altered before the Arbitration Fairness Act of 2009 comes up for votes.

IDN 61 - Public Consensus Across Cultures

How do you get multiple, ethnically diverse parties to forge an agreement on a public land use project? And then keep quiet while government officials decide what to do about it? Australian mediator Joanna Kalowski returns for her second International Dispute Negotiation podcast visit to describe how a big zoning project put double-digit numbers of community interest groups at a mediation table to hammer out "principles" for a government decision. Jo discusses what happened, and how the efforts apply in a variety of public mediation and consensus building situations.

EVENTS

Global body urges arbitration to resolve local dispute

http://www.ameinfo.com/185098.html

A high-powered meeting of lawyers came together in Dubai and urged companies to consider arbitration, rather than litigation, as a well-tested and effective method of resolving commercial disputes.

The International Court of Arbitration (ICA), a body of the International Chamber of Commerce (ICC), co-hosted the event entitled 'Managing International Commercial Disputes - The Role of Corporate Counsel' with the Dubai Corporate Counsel Group.

...

Experts discuss UAE Federal Arbitration Law

http://www.menafn.com/qn_news_story_s.asp?StoryId=1093233678

Dubai International Arbitration Center (DIAC) at Dubai Chamber of Commerce & Industry organised an open dialogue and roundtable discussion on the implementation of the proposed UAE Federal Arbitration Law on Sunday.

...

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.

Houston Maritime Arbitrators Association: Arbitrator Training Seminar, March 5 - 6 2009

http://www.hmaatexas.org/events.html

Learn to use international arbitration to resolve maritime and energy industry disputes effectively and efficiently. Day One presentations, with comprehensive written materials, cover all facets of the arbitration process and hearing, including the international conventions, U.S.A. laws, and rules of several arbitration societies that commonly govern in maritime, energy, and international arbitration. On Day Two, attendees serve as arbitrators deciding a mock arbitration exercise. The faculty are well known, seasoned arbitrators and advocates. Attendees will become qualified for listing in the roster of HMAA arbitrators. Those who will want to attend include arbitration advocates, persons interested in serving as HMAA arbitrators, executives and commercial persons whose responsibilities include offshore energy and maritime contracts and disputes, shipowners, charterers, chartering brokers, and anyone interested in arbitration.

...

Frankfurt Conference - Taxation Meets Arbitration March 7 2009

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.comwww.dis-arb.de/aktuell/veranstaltungen.html

ICDR to Launch Corporate Counsel Series at Miami Conference - March 13

http://www.adr.org/sp.asp?id=35685

The International Centre for Dispute Resolution's (ICDR) 7th Annual Miami International Arbitration Conference will examine the international arbitration process from the point of view of the in-house counsel. It is the first of a new ICDR Corporate Counsel Series.

...

ICC YAF/AFIA symposium 27 March 2009

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

Philip Yang, the ICC International Court of Arbitration member for Hong Kong, will speak on ICC arbitration in Asia at a symposium which will take place in Hong Kong on 27 March 2009, 3:15-5:30pm.

The event is jointly organised by the ICC Young Arbitrators Forum (YAF) and the Australian Forum for International Arbitration (AFIA).

...

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.

Seminar European Law and Investment - 27 april 2009

http://college-europeen-paris.u-paris2.fr/conf_publi/27avril2009.html

European Law and Investment to be held in Paris on 27 April 2009.

You can access the program and the registration form on the following website http://college-europeen-paris.u-paris2.fr/conf_publi/27avril2009.html

Please note that three papers will be presented in English. All the rest will be in French. Attendees will be able to ask questions and participate in the debates either in French or English.

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

BIICL Annual Conference 2009 - June 5, London.

http://www.biicl.org/news/view/-/id/115/

The 2009 Annual Conference of the British Institute of International and Comparative Law will be held on Friday 5 June 2009 in London. The theme of the conference will be: 'Business and International Law'.

Call for Papers is for new scholars to submit a proposal for a paper to be delivered at the Conference. It is designed to encourage new academics, doctoral and masters students, and new legal professionals.

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

Theodore Posner Joins Crowell & Moring

Feb. 18, http://www.crowell.com/NewsEvents/PressRelease.aspx?id=247

Theodore R. Posner, former director of international trade and investment at the National Security Council (NSC), has joined Crowell & Moring LLP's International Trade Group as partner. Posner will advise clients on matters ranging from national security reviews by the Committee on Foreign Investment in the United States (CFIUS), to World Trade Organization (WTO) disputes and other international arbitration proceedings, to commercial litigation matters and strategic counseling relating to international trade and investment agreements and legislation. Posner joins Crowell & Moring after a decade of working on international trade and investment law and policy in the House of Representatives, the Senate, the Office of the U.S. Trade Representative (USTR), and the NSC.

...

Crowell & Moring Adds Counsel Birgit Kurtz and Special Legal Consultant Ian Laird to International Dispute Resolution Group

February 13, http://www.crowell.com/NewsEvents/PressRelease.aspx?id=246

Crowell & Moring LLP is pleased to announce the addition of counsel Birgit Kurtz and Canadian lawyer Ian A. Laird, who will serve as a Special Legal Consultant, to the firm's internationally recognized International Dispute Resolution (IDR) Group. The news of two senior additions comes in the course of tremendous growth for the group, which this week also added partner Pieter Bekker to head the firm's Public International Law practice from McDermott Will & Emery LLP.

According to Arif Hyder Ali, co-chair of Crowell & Moring's International Dispute Resolution Group, "In today's uncertain times, clients need a well-rounded team that can resolve disputes around the world. Birgit and Ian are seasoned advisors known for their clear thinking and hands-on approach on a range of international arbitration and litigation matters, from investor-state arbitration to international commercial litigation concerns."

Crowell & Moring Gains Experienced International Dispute Resolution Partner Pieter Bekker

February 11, http://www.crowell.com/NewsEvents/PressRelease.aspx?id=245

Crowell & Moring LLP is pleased to announce the addition of partner Pieter Bekker to the firm's internationally recognized International Dispute Resolution Group, where he will head the firm's Public International Law practice out of New York. Bekker expands the firm's multi-lingual, multi-jurisdictional capabilities in advising corporations, investors, and states through international disputes. In addition to his client work, Bekker teaches international investment law and arbitration as a member of Columbia Law School's adjunct faculty.

...

Daniel M. Price Rejoins Sidley Austin LLP

February 11, http://www.sidley.com/newsresources/newsandpress/Detail.aspx?news=3922

Sidley Austin LLP announced that Daniel M. Price has rejoined the firm as Senior Partner for Global Issues and a member of the Executive Committee. "We are delighted that Dan has returned to assume a leadership role in the firm," said Thomas A. Cole, Chair of Sidley's Executive Committee. "His experience will be invaluable for our clients."

Mr. Price recently completed service as Assistant to the President and Deputy National Security Advisor for International Economic Affairs in the Administration of George W. Bush. In this role, Mr. Price was the senior White House official responsible for international economic issues, including international trade and investment, foreign assistance, humanitarian relief, and the international aspects of financial system reform, energy security and climate change. Additionally, Mr. Price was President Bush's personal representative to the G-8, the G-20 Financial Summit and the Asia-Pacific Economic Cooperation Forum. He also served as the U.S. chair of various cabinet-level bilateral economic dialogues, including the Transatlantic Economic Council, the U.S. - Brazil CEO Forum and the U.S. - India CEO Dialogue.

...

Baker & McKenzie Moscow Partner Appointed to the Board of the International Arbitration Court

Feb. 11, http://www.bakernet.com/BakerNet/News/Press+Releases/MoscowPartnerAppointedBoardIntArbitration.htm

Baker & McKenzie Partner Vladimir Khvalei from the Firm's Moscow office and head of the CIS Dispute Resolution Practice Group, was recently appointed to the Board of the International Arbitration Court (IAC) of the Belarusian Chamber of Commerce and Industry..

"We are proud of Vladimir's appointment, and feel that his accomplishment is a positive reflection on our global arbitration practice, and on our expertise in arbitrations involving or taking place in the CIS countries," said Günter Pickrahn, head of Baker & McKenzie's Europe, Middle East and Central Asia Dispute Resolution Practice Group.

...

International Arbitration and Insurance Law Expert Mitchell Lathrop Joins Mintz Levin

Feb 17, http://www.heraldonline.com/wire/business/story/1143688.html

Continuing its successful growth in California, Mintz Levin Cohn Ferris Glovsky and Popeo, P.C. announced that Mitchell Lathrop has joined the firm's San Diego office as a Member. The move expands Mintz Levin's national insurance and reinsurance practice, and adds depth of experience in international arbitration. Mr. Lathrop will also practice out of the firm's New York office

...

AUCC Selects Eric Stewart as New Executive Director

http://www.businesswire.com/portal/site/google/?ndmViewId=news_view&newsId=20090219005060&newsLang=en

The American Uzbekistan Chamber of Commerce has appointed Eric Stewart as its new Executive Director. Mr. Stewart replaces Robert Pace who has retired.

...

While at Commerce, Mr. Stewart was extensively involved in facilitating US Foreign Direct Investment (FDI). He was involved in framework development for the protection of US intellectual property rights and also cooperated with foreign governments on dispute resolution in international forums such as World Bank and the International Chamber of Commerce. He was also asked to create and oversee the US Government's Hurricane Contracting Information Center to assist small, minority, women- and locally-owned businesses access to compete for government contracts to rebuild the Gulf Coast. During his tenure at Commerce, Mr. Stewart was also tapped as a surrogate for the Bush Administration on issues ranging from Social Security to energy policy.

...

AAA Announces Appointment of David Cox as VP

Feb. 2, http://www.adr.org/sp.asp?id=35639

The American Arbitration Association recently announced the appointment of David Cox as business development vice president for the commercial division. He will be based in the AAA's regional office in Phoenix, Ari

...

BOOKS

Bilateral and Regional Trade Agreements

Edited by Simon Lester and Bryan Mercurio
Cambridge University Press
ISBN-13: 9780521878272
Price: £85.00

As the Doha Development Round trade negotiations have stalled, bilateral and regional free trade agreements have become an important alternative. These agreements have proliferated in recent years, and now all of the major trading countries are engaging in serious bilateral and regional trade negotiations with multiple trading partners. This book provides a comprehensive study of recent bilateral and regional trade agreements. There are two main aspects. First, it situates bilateral and regional trade agreements in the context of economics, international law and international relations. Second, it surveys the most important recent agreements in relation to each substantive topic covered (e.g. intellectual property, investment, services and social policy) and provides an overview of the law being created in these areas.

The Law of Investment in Iraq

by Sami Shubber
Brill
ISBN-13: 978 90 04 17286 9
Expected: April 2009
Number of pages: 266 pp.
List price: € 115.00 / US$ 184.00

Table of contents

Table of Abbreviations; Table of Cases; Preface; Introduction; Chapter I: The objectives of the Federal Investment Law; Chapter II: The Areas of investment; Chapter III: Licensing of investment projects; Chapter IV: Incentives to investors; Chapter V: Guarantees to investors; Chapter VI: Obligations of the investor; Chapter VII: Sanctions against investors; Chapter VIII: Settlement of Disputes; Chapter IX: The implementation of the Federal Investment Law; Chapter X: Conclusions; Appendix 1: The Iraqi Investment Law 2006; Appendix 2: Investment Law in the Iraqi Kurdistan Region; Appendix 3: Coalition Provisional Authority Order Number 39 - Foreign Investment; Appendix 4: ICSID CONVENTION; Appendix 5: Arbitration Rules, Iraqi Law of Civil Procedure 1969; Index

Readership

This book is intended for investors, their legal advisors, practitioners and academics who are interested in the field of investment in Iraq.

A new era began in Iraq in 2003, with an open market economy. A new Law of Investment was adopted in 2006, which aims at the promotion and encouragement of investment, by liberalising it and opening it to foreign investors. It offers generous incentives and guarantees to investors, and a very wide scope for investment in Iraq, where there are tremendous opportunities in many sectors of the economy. The book is intended to provide guidance and help to would-be investors, their legal advisers, lawyers and practitioners interested in the field of investment in Iraq. This work also provides useful guidance on the licensing system and the settlement of disputes.

About the author(s)

Sami Shubber, Lic.en Droit, Baghdad, LL.M.,London, Ph.D. Cambridge in International Law, Barrister-at-Law (Gray's Inn) and Member of the Iraqi Bar, formerly Senior Legal Officer, WHO, founder of Hamourabi Office in Baghdad, Iraq. Author of three books and numerous articles on various topics of International Law. Teaching experience at Baghdad, Cambridge and Geneva Universities.

Law and Practice of Investment Treaties: Standards of Treatment

By Andrew Newcombe and Lluís Paradell
Kluwer Law International, 2009
January 2009, 610 pp., hardbound
ISBN: 9789041123510
Price: EUR 185.00 / USD 244.00 / GBP 126.00

Foreign investors enjoy the protection of a vast network of international investment agreements (IIAs) supplemented by the general rules of international law. Under IIAs, states must accord foreign investors substantive standards of promotion and protection. In addition, IIAs provide an investor-state arbitration mechanism that allows foreign investors to enforce these standards against host states. In response to disputes arising under the IIA regime, since the early 1990s a significant body of arbitral jurisprudence has developed.

This book provides a comprehensive and systematic explanation of these standards of treatment, taking into account developments in treaty practice and arbitral jurisprudence. Where possible, the authors critically examine the applicable principles emerging from treaty practice and jurisprudence.

Among the many specific issues and topics that arise in the course of the analysis are the following:

International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the articulation of principles in a quickly growing field of international law.

Contents:

  1. Historical Development of Investment Treaty Law
  2. Applicable Substantive Law and Interpretation
  3. Promotion, Admission and Establishment Obligations
  4. National Treatment
  5. Most-Favoured-Nation Treatment
  6. Minimum Standards of Treatment
  7. Expropriation
  8. Transfer Rights, Performance Requirements and Transparency
  9. Observance of Undertakings
  10. Exceptions and Defences.

ICSID (CONCLUDED)

Russell Resources International Limited and others v. Democratic Republic of the Congo (ICSID Case No. ARB/04/11)

Outcome of Proceeding: The Acting Secretary-General issues an order for the discontinuance of the proceeding on February 10, 2009, for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).

ICSID (PENDING)

Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. v. Argentine Republic (ICSID Case No. ARB/09/1)

Subject Matter: Air Transportation Services

Date Registered: January 30, 2009

Status of Proceeding: Pending (Tribunal not yet constituted)

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

Status of Proceeding: Pending (the Tribunal holds a first session in Paris on January 29, 2009)

Electrabel S.A. v. Republic of Hungary (ICSID Case No. ARB/07/19)

Status of Proceeding: Pending (the Claimant files an amendment to the memorial on the merits on January 30, 2009)

DaimlerChrysler Services AG v. Argentine Republic (ICSID Case No. ARB/05/1)

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning confidentiality and production of documents on January 30, 2009)

Repsol YPF Ecuador, S.A. and others v. Republic of Ecuador and Empresa Estatal Petróleos del Ecuador (PetroEcuador) (ICSID Case No. ARB/08/10)

Constituted: February 06, 2009

Composition of Tribunal: President: Rodrigo OREAMUNO (Costa Rican) Arbitrators: Horacio A. GRIGERA NAÓN (Argentine),

Raúl E. VINUESA (Argentine)

Status of Proceeding: Pending (Tribunal recently constituted)

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

Status of Proceeding: Pending (the Tribunal issues a decision on the Respondent's objections under ICSID Arbitration Rule 41(5) on February 2, 2009)

Trans-Global Petroleum, Inc. v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/07/25)

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents and procedural matters on January 29, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents on February 4, 2009)

EDF (Services) Limited v. Romania (ICSID Case No. ARB/05/13)

Status of Proceeding: Pending (the parties file reply post-hearing briefs on February 6, 2009)