issue #05, week 10. 03 March 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

New Island Resources Inc. initiates arbitration proceedings with Anaconda Mining

March 02, http://www.tmcnet.com/usubmit/2009/03/02/4025076.htm

New Island Resources Inc. of St. John's, NL wishes to advise that it has initiated arbitration proceedings with Anaconda Mining Corp. concerning Anaconda's right, without New Island's consent, to process Pine Cove ore at Crew Gold's Nugget Pond facility, together with matters related thereto.

...

Danone Claim for Wahaha Brand Belongs in China, U.S. Judge Says

Mar 03, http://www.bloomberg.com/apps/news?pid=20601103&sid=a6EPWV3g44oo&refer=us

Groupe Danone SA, the French company fighting its former Chinese partner Hangzhou Wahaha Group for control of the $2.4 billion Wahaha beverage brand, should pursue its claims in China's courts, a U.S. judge said.

...

Trans Global drops case against Jordan

Mar 03, http://www.zawya.com/Story.cfm/sidZAWYA20090303033441/Trans%20Global%20drops%20case%20against%20Jordan

The arbitration case between the government and US-based oil firm Trans Global Petroleum has been settled, after the company withdrew its claims that the government violated the 1997 US-Jordan Bilateral Investment Treaty. The case had been at the International Centre for Settlement of Investment Disputes (ICSID) since early last year, and both sides had presented written and oral arguments before Trans Global recently moved to withdraw the case, according the Natural Resources Authority (NRA)

Deripaska's Bookstore Files For Bankruptcy Protection

Mar 03, http://www.moscowtimes.ru/article/600/42/374957.htm

Bookberry, a chain of Western-style bookstores controlled by Oleg Deripaska's Russian-Asian Investment Company, or Rainko, filed for bankruptcy protection with the Moscow Arbitration Court on Monday

...

Settlement with American Shipping Company - OSG

Mar 2, http://ir.osg.com/phoenix.zhtml?c=82053&p=irol-newsArticle&ID=1261455

... settlement with American Shipping Company - OSG and American Shipping Company ASA (formerly known as Aker American Shipping ASA) (Oslo: AMSC) have agreed to stop temporarily the arbitration previously disclosed in the Company's filings with the Securities and Exchange Commission and have signed a Nonbinding Agreement in principle to settle all of their outstanding commercial disagreements, including the arbitration. The Nonbinding Agreement provides for the dismissal with prejudice of all the claims in the arbitration and contains a number of provisions materially altering the prior agreements between the parties. There is no assurance that AMSC and OSG will enter into the definitive agreements on these terms or on any terms.

...

TECO Guatemala has served a Notice of Intent under DR-CAFTA

Feb 26, http://www.marketwatch.com/news/story/10-k-teco-energy-inc/story.aspx?guid=%7B04E47C23-EE58-4AD4-9999-0E9109C0A010%7D&dist=msr_3

...

TECO Guatemala has served a Notice of Intent under DR-CAFTA indicating its intent to file an arbitration claim against the Republic of Guatemala for damages to its EEGSA partnership interest as a result of the VAD decision.

...

Arbitration against Seawolf Oilfield (Cyrus) Ltd started

Feb 24, http://www.msnbc.msn.com/id/29375609/

... have notified Seawolf Oilfield (Cyrus), Ltd., the owner of the Delta Queen drilling rig which was contracted for the drilling of the REB3 well, that the Partners are disputing various charges associated with the drilling of the well. In January 2009, the Partners filed an application for arbitration as per the provisions of the drilling contract. An arbitration process has commenced. The Partners contend that the drilling equipment provided by the Delta Queen was in poor condition which resulted in significant delays and cost overruns. ...

Firms: EnCana not fulfilling job promises

Feb 27, http://thechronicleherald.ca/Business/1108666.html

... The Offshore Strategic Energy Agreement signed by the government and EnCana says the work or replacement work on the offshore accommodation unit must be completed three months after the first delivery of natural gas, said Ross McLaren, Energy Department spokesman. Deep Panuke is scheduled to begin producing gas in late 2010.

Mr. McLaren said that if the province is not satisfied with the replacement work proposed by EnCana, then the government can go to arbitration.

...

GTC has initiated International Chamber of Commerce (ICC) arbitration against LEO Pharma

http://www.marketwatch.com/news/story/gtc-biotherapeutics-reports-fourth-quarter/story.aspx?guid=%7BCAC9630F-E13D-44B5-9CC3-E9CAC70531DA%7D&dist=msr_9

...

LEO Pharma informed GTC in September 2008 that, as a result of an internal re-assessment of its strategic priorities, LEO wished to transfer the ATryn program to GTC or a third party. Pending any such transfer, further patients are not being enrolled in the DIC study at this time. While GTC has sought to conclude this matter by reaching agreements with LEO and a new partner for the transfer of the program, GTC has initiated International Chamber of Commerce (ICC) arbitration proceedings to resolve matters under the provisions of its agreement with LEO.

...

Yemen to adopt new investment law

http://www.zawya.com/Story.cfm/sidZAWYA20090301081149/Yemen%20to%20adopt%20new%20investment%20la

The head of the General Investment Authority (GIA), Salah al-Attar, revealed on Sunday a number of amendments to Yemen's investment law. These include customs exemptions, a reduction in income taxes imposed on companies from 35% to 15%- 20%, and the modification of the General Investment Authority's Board of Directors, to now consist of 50% public sector employees, and 50% from the private sector.

...

Notification of Amendments of Hong Kong International Arbitration Centre Supplemental Rules to China Internet Network Information Centre (CNNIC) Domain Name Dispute Resolution Policy and Hong Kong International Arbitration Centre Rules for CNNIC Internet Keyword Dispute Resolution Policy [pdf]

http://www.hkiac.org/HKIAC/pdf/Announcement/Amendments of HKIAC Supplemental Rules.pdf

On 26 February 2009, Hong Kong International Arbitration Centre (HKIAC) decides to adjust the schedules of fees for dispute resolution service for all .CN domain names (including Chinese domain names) and Internet keyword disputes, which are respectively provided under Article 15(1) of Hong Kong International Arbitration Centre Supplemental Rules to China Internet Network Information Centre (CNNIC) Domain Name Dispute Resolution Policy and Article 49(1) of Hong Kong International Arbitration Centre Rules for CNNIC Internet Keyword Dispute Resolution Policy.

ASEAN Comprehensive Investment Agreement

http://www.aseansec.org/22218.htm

On 26 February 2009 the ASEAN summit at Hua Hin in Thailand, the ASEAN member states signed the ASEAN Comprehensive Investment Agreement. Once in force, this will replace both the 1998 Framework Agreement on the ASEAN Investment Area and the 1987 ASEAN Agreement for the Promotion and Protection of Investments (the "ASEAN IGA").

Canada breached softwood lumber agreement: ruling

Feb 26, http://www.cbc.ca/canada/story/2009/02/26/softwood-lumber.html

Sawmills in four provinces have been ordered to pay an additional 10 per cent export charge in a softwood lumber ruling made by an international arbitration tribunal. The London Court of International Arbitrations ruled on Thursday that Canada breached the softwood lumber agreement by failing to calculate quotas properly during the first six months of 2007.

...

The U.S. Coalition for Fair Lumber Imports welcomes a London Court of International Arbitration (LCIA) ruling as to the remedy to be imposed for Ontario and Quebec lumber producers' 2007 shipments of lumber to the U.S. over their quota levels under the U.S.-Canada Softwood Lumber Agreement (SLA).

Feb 26, http://www.fairlumbercoalition.org/doc/press_release_02-26-09.pdf

Under the LCIA ruling, Canada has been ordered to impose on Ontario, Quebec, and other provinces an additional 10% export tax until Canada collects the full C$68 million remedy judgment as determined by the panel.

The Coalition expects Canada to fully implement the remedy beginning no later than 30 days from now, as indicated by the tribunal. The Coalition commends the U.S. Government team whose hard work made this successful outcome possible.

Significant SLA compliance problems remain, however, as Canada is violating the trade agreement both by breaching SLA export measure commitments and by circumventing those commitments through additional subsidies and related actions, including recent SLA- inconsistent stumpage price manipulations in British Columbia.

Coalition for Fair Lumber Imports Chairman Steve Swanson commented, "this arbitral decision is a clear step in the right direction, but better overall Canadian compliance is a must if the Softwood Lumber Trade Agreement is to survive as an alternative to resumed trade litigation."

Mr. Swanson continued by stating that "all that the U.S. industry and workers have ever asked for is that Canada live up to its commitments under the Softwood Lumber Trade Agreement," adding that "U.S. companies and workers should not be forced to suffer additional harm in these difficult times as Canada skirts its trade agreement obligations."

Olkiluoto 3 losses to reach €1.7 billion

Feb 26, http://www.world-nuclear-news.org/newsarticle.aspx?id=24732

...

Arbitration in the International Chamber of Commerce is underway. Proceedings are secret, but it is known that the Areva-Siemens consortium would like a schedule extension and €1 billion ($1.2 billion) in compensation and late payments, while TVO has said in letters that it considers itself entitled to a whopping €2.4 billion ($3.0 billion) in damages.

...

ICC orders Iran to pay Turkey $750 million

Feb 27, http://www.todayszaman.com/tz-web/detaylar.do?load=detay&link=168138&bolum=105

The state-owned Turkish Pipeline Corporation (BOTAS,) has won a case in the International Chamber of Commerce (ICC) Commission on Arbitration, which has ruled that Iran must pay $750 million in compensation to Turkey for turning down Turkey's demand to cut prices as sought in the natural gas purchase contract between the two countries in July 2003.

...

Repsol YPF reaches deal on disputed Ecuadorean tax debt: report

Feb 26, http://www.platts.com/Oil/News/8381778.xml?src=rssheadlines0

Spain's Repsol YPF has reached an agreement with Ecuador over the payment of disputed windfall oil taxes and expects to sign new a contract for its upstream projects there next month, Spain's EFE news agency reported Thursday.

Citing Spanish diplomatic sources, the report said the deal was timed to coincide with an official visit to Quito by Spanish foreign minister Miguel Angel Moratinos.

...

Transeuro Energy Corp. - Ukraine Arbitration Initiated

Feb 26, http://www.globeinvestor.com/servlet/story/CCNM.20090226.514144_1/GIStory/

Transeuro Energy Corp. announces that the Standstill Agreement entered into with Rohol-Aufsuchungs Aktiengesellschaft ("RAG") in connection with the Company's dispute with RAG expired on February 15th. The Company has been in discussions with RAG over the last few months to seek an amicable resolution of the dispute arising from RAG's purported rights of withdrawal from the joint venture company "Scythian Energy BV" which controls the Company's Ukraine assets.

On February 16th Transeuro received a copy of the notice issued on behalf of RAG to the secretariat of the International Chamber of Commerce requesting that an arbitration panel be convened to resolve the dispute. Transeuro has acknowledged receipt of the notice and is continuing to discuss the ongoing dispute with RAG while preparing for the arbitration.

... see also "Update On Ukraine Joint Venture" December 09, 2008 http://www.transeuroenergy.com/s/NewsReleases.asp?ReportID=331302&_Type=News-Releases&_Title=Update-On-Ukraine-Joint-Venture:

Transeuro Energy Corp announces that the Company has received confirmation from Rohol Aufsuchungs Aktiengesellschaft ("RAG") over a standstill agreement relating to RAG's notice of withdrawal from the joint venture company 'Scythian Energy BV', that was formed earlier this year to control the joint activities in Crimea, Ukraine.

As part of the agreed resolution process, both RAG and Transeuro will refrain from instituting any litigation or arbitration against each other until February 15th 2009 to allow Transeuro to find a solution to RAG's notice to withdraw from the Joint Venture. Transeuro is currently in discussions with a number of companies who have expressed an interest in participating in a joint venture on its Ukraine assets.

Transeuro Energy Corp. is involved in the acquisition of petroleum and natural gas rights, the exploration for, and development and production of crude oil, condensate and natural gas. The Company's properties are located in Canada, Armenia and Ukraine.

Newmont Indonesia sees increase in copper/gold output

Feb 26, http://www.mineweb.com/mineweb/view/mineweb/en/page504?oid=79190&sn=Detail

...

Newmont is also involved in an arbitration dispute over moves to sell some of its shares in Newmont Nusa Tenggara to the local government. Under its contract, Newmont must sell 51 percent of its shares to local investors, but talks collapsed last year and both the government and Newmont filed cases against each other in arbitration courts.

The arbitration had started at the end of 2008 and a decision was expected on March 31 this year. "We will follow the decision of the arbitration court," Hadianto said.

Basilea Pharmaceutica Ltd. announces that it has filed claims in arbitration against Johnson&Johnson, and affiliated companies related to delays in approval of ceftobiprole.

Feb 24, http://www.basilea.com/template_loader.php?tplpage_id=34&mode=details&id=238

Basilea submitted a Request for Arbitration on February 24, 2009, to the Netherlands Arbitration Institute under the licensing agreement for ceftobiprole, naming Johnson&Johnson companies, Johnson&Johnson Pharmaceutical Research and Development, L.L.C. (Johnson&Johnson PRD) and CILAG GmbH International, a wholly owned Swiss subsidiary of Johnson&Johnson [collectively Johnson&Johnson] as respondents. The Request for Arbitration relates to damages suffered by Basilea that result from delay in the approval of ceftobiprole in the U.S. and EU as well as milestone payments.

...

J&J: Prepared To Enter Arbitration Process With Basilea

Feb 24, http://money.cnn.com/news/newsfeeds/articles/djf500/200902240950DOWJONESDJONLINE000374_FORTUNE5.htm

U.S.-based drug maker Johnson & Johnson (JNJ) said Tuesday it is "fully prepared to enter the arbitration process" with Basilea Pharmaceutica AG (BSLN.EB), a small Swiss biotech company.

...

ICDR Rules Translated into Four Languages

Feb 24, http://www.adr.org/sp.asp?id=35695

The International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association, recently announced the availability of its arbitration and mediation rules in Spanish, French, Portuguese and Chinese.

...

SLP's Response to Maersk Oil Qatar: Arbitration

Feb 23, http://www.slp-eng.com/Engineering/Uploads/Press%20release%2023%2002%2009%20_final.pdf

SLP corporate policy is to treat all matters relating to dealings with customers on a strictly confidential basis and not to release such information into the public domain. However, in the light of the completely misleading and inaccurate statement placed on the Maersk Oil Qatar ("Maersk") official website on Friday, 20 February 2009, we feel that it is appropriate in this instance to deviate from our policy.

SLP has undertaken all reasonable efforts to work with and accommodate Maersk Oil Qatar ("Maersk") on the Al Shaheen field development project in Qatar. The four accommodation modules have been delivered to Maersk from Lowestoft and all 4 accommodation platforms are installed in Qatar.

SLP entirely rejects Maersk's allegations that SLP has failed to honour its contractual obligations and will vigorously defend the claim from Maersk. Moreover, SLP will be furthering its own claims which are far in excess of the amounts claimed by Maersk. SLP Chief Executive David Edwards stated: "We are disappointed that Maersk has commenced arbitration proceedings for additional payment for work done when SLP has submitted multi-million pound claims to Maersk, none of which has been properly addressed or resolved. These matters will be resolved through the arbitration process. In the meantime, we are grateful for the continued support of our suppliers, stakeholders and customers."

"We are currently employing 1000 people directly in the UK with additional jobs indirectly of up to 3000 from our current order book. SLP is one of the few remaining oil and gas EPC contractors in Europe."

Note see "Maersk Oil Qatar: Arbitration against UK supplier" as reported in TDM News Digest #04 (23 February 2009)

CzechRep may face arbitration over Kc710m with Swiss firm

Feb 23, http://www.ceskenoviny.cz/zpravy/czechrep-may-face-arbitration-over-kc710m-with-swiss-firm-server/362051

The Czech Republic is threatened with a new arbitration suit as Swiss company Konsortium Oeconomismus demands Kc710m because of a loan on a cancelled project of a waste incinerator in Mlada Boleslav, central Bohemia.

...

MFB European arbitration win scuppers reach of English courts

Feb 23, http://www.thelawyer.com/cgi-bin/item.cgi?id=136833&d=415&h=417&f=416

The ECJ ruling in West Tankers Inc v RAS Riunione Adriatica di Sicurta SpA & ors (2009) states that ­English courts cannot stop legal proceedings in another EU member state, even if the proceedings are in breach of an arbitration agreement.

...

FMG in for $264m hit from ship disputes

Feb 24, http://www.wabusinessnews.com.au/en-story/1/70646/FMG-in-for-264m-hit-from-ship-disputes

...

Two of the bigger contracts with shipping company Bocimar International have been resolved after FMG agreed to form a shipping joint venture and issue $US50 million worth of shares. Today FMG said eight contracts are in either litigation or arbitration processes in the UK, with the total amount of claims currently at $US30 million, "which is expected to increase".

"Until either suspension is lifted or a resolution is determined through the courts or be negotiated settlement, the claims will aggregate in value each month," FMG said.

...

DIFC - LCIA Arbitration Centre appoints Joseph Huse as registrar

Feb 24, http://www.ameinfo.com/186136.html

At a packed conference of international arbitration practitioners at the Dubai International Financial Centre, on 17 February, the President of the London Court of International Arbitration, Jan Paulsson, announced the appointment of Joseph Huse as the first Registrar of the DIFC-LCIA Arbitration Centre.

...

Vivendi is awarded damages of 1.9 billion euros in its dispute against Elektrim

Feb 23, http://www.vivendi.com/vivendi/Vivendi-is-awarded-damages-of-1-9

On 12 February 2009, an arbitral tribunal under the auspices of the London Court of International Arbitration (LCIA) issued its final award in the dispute between Vivendi and Elektrim, a Polish company controlled by Mr. Zygmunt Solorz. The tribunal awarded damages of 1.876 billion euros (plus accrued interest from February 2005) to Vivendi for intentional breaches by Elektrim of the investment agreement entered into in September 2001 regarding their joint venture Elektrim Telekomunikacja Sp. z o.o. (Telco) and their investment in Polska Telefonia Cyfrowa Sp. z o.o. (PTC).

This final award follows a partial award rendered on 19 March 2008 which declared that "Elektrim breached the basic premise of the [investment agreement] by systematically acting against the interests of Telco in furtherance of its own interests and by refusing to acknowledge Telco's right to the economic benefit of the PTC shares". All of Elektrim's counterclaims against Vivendi have been dismissed.

Elektrim had received more than 1.8 billion euros from Vivendi to transfer the PTC shares to Telco and protect Telco's economic interests therein. Vivendi is the largest creditor of Elektrim and this final award confirms its claim, of which recognition is requested in Elektrim's bankruptcy.

The confirmation of Telco's ownership rights on the PTC shares is still pending before the Polish courts.

Nigeria: Dorothy Udeme-Ufot - Why Nigeria is Undesirable As Arbitration Destination

Feb 23, http://allafrica.com/stories/200902240129.html

Interview with Dorothy Udeme-Ufot who's a Fellow of the Chartered Institute of Arbitrators (UK) and also qualified as an Arbitrator in Amsterdam, to discuss current issues in her fields - Arbitration and Litigation.

Telenor Will Continue To Defend Its Investment in VimpelCom

Feb 20, http://www.telenor.com/en/news-and-media/news/2009/telenor-continue-defend-investment-vimpelcom.jsp

Telenor has said it will appeal today's decision of the Eighth Arbitrazh Appellate Court in Omsk holding Telenor liable for approximately US$1.7 billion in damages. The Omsk court has heard from the start the claim by Farimex Products, Inc., a British Virgin Islands company, against Telenor, in which Farimex alleged that Telenor's nominees on the VimpelCom Board delayed VimpelCom's acquisition of Ukrainian mobile operator Ukrainian Radio Systems (URS). Despite the fact that the claims against Telenor are baseless and unlawful, the Court decided to grant Farimex's claims in part)

"Today's court decision is a serious violation of Telenor's lawful rights and interests as a strategic investor in Russia. We will continue to defend our investment in VimpelCom using all legal means available," said Jan Edvard Thygesen, Executive Vice-President and head of Telenor's Central and Eastern European operations. "Since 1998, Telenor has acted in the interests of VimpelCom, and we have repeatedly pointed out that this suit is an illegal attempt to steal Telenor's investment in Russia."

In April 2008, Farimex, an obscure company registered in the British Virgin Islands and owning just 0.002% of Vimpelcom shares in the form of ADRs (American Depositary Receipts), filed a claim for US$3.8 billion against Telenor in the Khanty-Mansiysk Autonomous District. Following a number of hearings marked by significant procedural violations, the Khanty-Mansiysk court ruled that Telenor should pay damages of approximately US$2.8 billion. Telenor appealed the decision to the Eighth Arbitrazh Appellate Court, which considered the appeal and vacated the Khanty-Mansiysk court's decision, ruling that the case should be heard de novo in Omsk. The Eighth Arbitrazh Appellate Court has now heard the case and today ruled that Telenor is liable for US$1,728,297,207 in damages. The Court denied Farimex's motion to arrest Telenor's VimpelCom shares, but said that the damage claim can be enforced by both VimpelCom and Farimex.

In its suit, Farimex alleged that Telenor-nominated members of VimpelCom's Board of Directors delayed VimpelCom's 2005 acquisition of Ukrainian Radio Systems (URS), a loss-making Ukrainian mobile operator. Telenor says its Board members opposed the acquisition because URS was over-valued and had no credible business plan, and because there was a lack of transparency in the deal.

At the time of the proposed acquisition, URS was a small mobile operator in a market with a high level of penetration. Based on the multiples used to value comparable assets, URS's US$231.3 million purchase price was too high. In addition, URS was being sold by five offshore companies whose beneficial owners are still unknown. Currently, despite investments made by VimpelCom in excess of US$600 million, URS continues to make losses and, as of December 31, 2008, had only a 4% market share (source: AC&M Consulting).

Stockholm Arbitration Tribunal Rejects Vanco Prykerchenska's Request To Prohibit Cabinet From Using Prykerchenskyi Block Pending Consideration Of Its Lawsuit

Feb 13, http://www.ukranews.com/eng/article/180615.html

The Arbitration Institute of the Stockholm Chamber of Commerce on Friday rejected a petition by the Vanco Prykerchenska Ltd (Virgin Islands) to prohibit the Cabinet of Ministers from using the Prykerchenskyi oil and gas block on Black Sea shelf until the arbitration institute completes the consideration of the complaint that the company filed against the Cabinet of Ministers.

The press service of First Deputy Justice Minister Yevhen Korniichuk announced this in a statement.

...

Armenia: New body to resolve financial disputes

http://www.usa.am/mediareviews.php?d=26&m=1&y=2009

RFE/RL, GOLOS ARMENII and AZG report that Armenian authorities officially unveiled a new, independent arbitration body that will settle disputes between local banks and other financial institutions and their clients. The Office of the Financial Arbiter has been set up and will formally begin its work on Saturday in accordance with an Armenian law adopted late last year. Its supervisory board comprises representatives of the Central Bank of Armenia (CBA), the government, the private sector and non-governmental organizations. The board appointed Piruz Sargsian, head of the CBA's legal department, as financial arbiter earlier this month.

PODCASTS

IDN 63 - Technip Italy: A Continental View on Negotiating Contract Dispute Clauses

International arbitration isn't working, according to Italian lawyer Daniele Menegatti, and while mediation could produce a "workable" solution under certain conditions, his one experience wasn't successful.

Menegatti--an in-house lawyer for an Italian division of Technip, a Paris-based project management, engineering, and construction firm that operates in the oil & gas industry--joins International Dispute Negotiation host Mike McIlwrath this week to explain why, among other things, his company is still using arbitration, and how it deals with ADR problem areas.

EVENTS

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

Overhauling Dispute Resolution - March 13 2009

UC Davis School, http://jilp.law.ucdavis.edu/

Interest in using alternative dispute resolution (ADR) has rapidly increased in recent years. ADR processes such as mediation and arbitration have been used in private contexts, both domestic and international, to resolve disputes between parties to a transaction. It is increasingly the method of choice in resolving disputes involving public entities as well, as exemplified in the explosion of investor-State cases at the International Centre for Settlement of Investment Disputes (ICSID). Through a number of panel discussions, the 2009 Symposium will explore the current state of ADR usage in a variety of settings, and explore directions it should take in the future.

Speakers include: Kevin Johnson, Jack J. Coe, David Caron, Meg Kinnear, Gonzalo Flores Jarrod Wong, Richard D. Fincher, Jeswald Salacuse, Susan Franck, Andrea K. Bjorklund.

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.

Investment State Arbitration, Resource Nationalism & Institutional Impartiality: The Challenges for International Dispute Resolution

Cairo, Egypt. 31 March 2009

Joint Conference (The IDR Group, The American University in Cairo) to be held at The Oriental Hall at the down-town campus of the American University in Cairo. Speakers include: Dr Lisa Anderson, Anthony Connerty, Ambassador Dr. Wafik Zaher Kamil, Assistant Professor Amr Shalakany, Andrew Berkeley, Karim Hafez, Arif Hyder Ali, Johan Gernandt, David Branson, Samaa Haridi, Philippe Leboulanger, Professor Guido Carducci, Reza Mohtashami, Paul B. Hannon, Professor Ahmed El Kosheri, Dr. Khaled El Shalakany, Jason A. Fry.

Contact Anthony Connerty, , for more information or download the programme and registration form [pdf].

YAAP-ICC YAF conference in Vienna - 4 april 2009

On the occasion of the Moot to be held in Vienna, Austria, the Young Austrian Arbitration Practitioners (YAAP) and the ICC Young Arbitrators Forum (YAF) will be jointly organizing a conference on "Young Approaches to Arbitration" on Saturday 4 April 2009.

We are honoured to have Stephen Bond as keynote speaker.

Topics to be discussed and addressed by young arbitration practitioners:

Please register by sending your full contact details to ICC Austria by email or by fax +43 1 501053703 The programme for this conference and the logistical notes are available at the link below or on the YAAP website http://www.arbitration-austria.at/YAAP/home.en.html

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.

4th Annual Conference on International Arbitration and Mediation - Fordham Law School

The conference will bring together leading international arbitrators, mediators, practitioners, and scholars to discuss contemporary issues in international arbitration and mediation.
June 15 - 16 2009, McNally Amphitheatre, Fordham Law School
Conference director: Arthur Rovine, Speaker & moderators: Michael Reisman, Emmanuel Gaillard, Catherine Kessedjian, Laurence Shore, Hiro Aragaki, Sophie Nappert, Ivan Marisin, Ignacio Gómez-Palacio, Stephen M. Schwebel, Johnny Veeder, Francisco Orrego Vicuña, Meg Kinnear, William Park, Edna Sussman, Gabriel Bottini, Jack Coe, Tillman Rudolf Braun, Margrete Stevens, Kathleen M. Scanlon, Kathleen A. Bryan, Daniele Favalli, Jeremy Lack, Luis Martinez, Tai-Heng Cheng, Lawrence W. Newman, Hilary Heilbron QC, Richard Kreindler, Mark Kantor and John Gotanda.
For more information and online registration, please visit law.fordham.edu/arbitration.

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.

FDI Moot 2009. Frankfurt, Germany 23 - 25 October

The FDI Moot organisers are pleased to announce the 2009 FDI Moot. This year's problem is now posted (www.fdimoot.org/problem.php) and was developed in consultation with distinguished members of the FDI Moot Advisory Board.

The problem examines, inter alia, issues of investor nationality, investment definition, and government compulsory licensing over intellectual property. "Investor nationality was one of the issues proposed to us by Tim Nelson. It is a recurring theme in investment arbitrations, but remains interesting and even controversial, as recent decisions evidence," said Christian Campbell of the Center for International Legal Studies. His FDI Moot co-director, Prof. Christopher Gibson of Suffolk University Law School, added "we wanted to explore new issues this year, such as the importance of intellectual property in foreign direct investment and the potential overlap with international trade regulation."

This year's FDI Moot will be held in Frankfurt, Germany on 23-25 October 2009, hosted by the Deutsche Institution für Schiedsgerichtsbarkeit (DIS) at the Frankfurt International Arbitration Centre. Teams from around the world are expected to participate. The inaugural FDI Moot was held at Suffolk Law School in Boston in November 2008 and had 21 teams participate. The competition was won by the team from Murdoch University of Australia.

MOVES / JOBS

Meg Kinnear Elected ICSID Secretary-General

Feb. 23, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement15

By resolution adopted on February 17, 2009, the Administrative Council of the International Centre for Settlement of Investment Disputes (ICSID) elected Ms. Meg Kinnear, a Canadian national, as the new Secretary-General of ICSID.

Since 1999, Ms. Kinnear has been General Counsel (Senior General Counsel from 2006) and Director General of the Trade Law Bureau of Canada, a joint legal unit of the Departments of Justice and of Foreign Affairs and International Trade of Canada. In that capacity, she has been responsible for the conduct of all international investment and trade litigation involving Canada. Ms. Kinnear has also been responsible for the provision of advice on international investment and trade questions as well as legal support for investment and trade treaty negotiations and for the implementation of such treaties. She has been managing a group of approximately 65-70 staff, including lawyers, paralegals and administrative assistants. She appeared as counsel before international investment tribunals, participated in the negotiation of bilateral and multilateral investment and trade treaties and advised on Canada's international investment and trade obligations. In November 2002, Ms. Kinnear was also named Chair of the Negotiating Group on Dispute Settlement for the Free Trade of the Americas Agreement.

From October 1996 to April 1999, Ms. Kinnear was Executive Assistant to the Deputy Minister of Justice of Canada. Prior to this, Ms. Kinnear was Counsel at the Civil Litigation Section of the Canadian Department of Justice (from June 1984 to October 1996), where she appeared before federal and provincial courts as well as domestic arbitration panels.

Ms. Kinnear was called to the Bar of Ontario in 1984 and the Bar of the District of Columbia in 1982. She received a Bachelor of Arts (B.A.) from Queen's University in 1978; a Bachelor of Laws (LL.B.) from McGill University in 1981; and a Master of Laws (LL.M.) from the University of Virginia in 1982.

Ms. Kinnear has published numerous articles on international investment law and procedure and is a frequent speaker on these topics. She is a co-author of Investment Disputes under NAFTA (published in 2006 and updated in 2008). She has also co-authored texts on Canadian legal procedure including Federal Court Practice (1988-1990, 1991-1992, and 1993-2009 annually) and 1995 Crown Liability and Proceedings Act Annotated (1994).

In its resolution electing Ms. Kinnear, the Administrative Council of ICSID expressed its appreciation to her predecessor, Ms. Ana Palacio, for her excellent service to ICSID during her tenure as its Secretary-General.

The Administrative Council also expressed its appreciation to Mr. Nassib G. Ziade for his excellent service in ensuring the smooth operation of ICSID as its Acting Secretary-General since April 2008. In addition, World Bank President and Administrative Council Chairman, Robert B. Zoellick, expressed his deep appreciation to Mr. Ziade for his first class work as ICSID's Acting Secretary-General. Mr. Ziade will continue as Acting Secretary-General until Ms. Kinnear takes up her new position on June 22, 2009.

Dispute Resolution expert Magnus Eriksson joins Hannes Snellman

http://www.hannessnellman.com/index.php?option=com_content&task=view&id=238&Itemid=157

In mid September 2008 the international law firm Hannes Snellman launched its operation in Stockholm. Six top ranked Swedish lawyers boosted the kick-off. Now the Swedish operation is further strengthened by the recruitment of the dispute resolution expert Magnus Eriksson.

New Specialist Partner in Stockholm: Magnus Eriksson joins Hannes Snellman as Specialist Partner. He will play a key role in the development of the firm's Conflict Management practice. Magnus has previously worked eight years at Linklaters in Stockholm, where he was a member of the litigation and arbitration team. In addition, Magnus has served as a judge at the District Court of Stockholm and at the Svea Court of Appeal and worked as legal adviser at the Ministry of Justice.

...

Protiviti Strengthens Litigation, Restructuring and Investigative Services Practice With Strategic Hire of Former Gordius Consulting Principals

Feb 25, http://www.protiviti.com/portal/site/pro-us/menuitem.d7f6ac4d70aae3aeeb6c6010f5ffbfa0?showGray=yes&file_name=%2FAboutUs%2FPress_Releases%2FPressRelease_20090225.html

Michael Thompson, Wayne Wilson and staff join Protiviti in Houston. The Houston office of Protiviti Inc., a global business consulting and internal audit firm, announces that Michael Thompson and Wayne Wilson have joined the company as managing directors in the Litigation, Restructuring and Investigative Services (LRIS) practice. In their new roles, Thompson and Wilson will help Protiviti meet increasing client requests - both in Houston and across the country - for services such as forensics, electronic discovery, litigation consulting, merger and acquisition due diligence, fraud risk management, financial investigations and international arbitration.

...

BOOKS

Mediation: Skills, Techniques and Strategies 2nd ed

by Miryana Neisic, Laurence Boulle
ISBN13: 9781847661449
ISBN: 1847661440
To be Published: August 2009
Publisher: Tottel Publishing Ltd
Country of Publication: UK
Binding: Paperback
Price: £75.00

This is a clear, practical and essential guide covering the skills, techniques and strategies required in mediation by mediators, lawyers, clients and other participants. With examples, case studies, exercises and precedents throughout, this is an all-encompassing resource for both beginner and experienced mediators.

...

ICSID Concluded

Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9)

Outcome of Proceeding: The Tribunal issues a decision on the rectification of the award on February 23, 2009.

Annulment Proceeding, Date Registered: January 14, 2009

ICSID PENDING

Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/08/13)

Status of Proceeding: Pending (Tribunal recently constituted)

Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12)

Date of Constitution of Tribunal: February 23, 2009

Status of Proceeding: Pending (Tribunal recently constituted)

Inmaris Perestroika Sailing Maritime Services GmbH and others v. Ukraine (ICSID Case No. ARB/08/8)

Status of Proceeding: Pending (the Respondent files a memorial on jurisdiction on January 28, 2009)

Giordano Alpi and others v. Argentine Republic (ICSID Case No. ARB/08/9)

Status of Proceeding: Pending (the Tribunal holds a first session by telephone conference on February 24, 2009)

ATA Construction, Industrial and Trading Company v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/08/2)

Status of Proceeding: Pending (the Respondent files a memorial on jurisdiction and a counter-memorial on the merits on February 13, 2009)

Giovanna a Beccara and others v. Argentine Republic (ICSID Case No. ARB/07/5)

Status of Proceeding: Pending (the Respondent files a reply on jurisdiction and admissibility on February 23, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the Claimant's request for the introduction of new evidence on February 24, 2009)

Bernardus Henricus Funnekotter and others v. Republic of Zimbabwe (ICSID Case No. ARB/05/6)

Status of Proceeding: Pending (the Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1) on February 25, 2009)

Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic (ICSID Case No. ARB/01/3)

Status of Proceeding: Pending (Enron Corporation and Ponderosa Assets, L.P. file a counter-memorial on annulment on February 19, 2009)