issue #06, week 12. 16 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

India is the slowest in resolving disputes

Mar 15, http://www.financialexpress.com/news/India-is-the-slowest-in-resolving-disputes/434586/

India is not among the preferred destinations for arbitration as it is the slowest in resolving disputes, taking 1500 days compared with 150 days taken by Singapore, according to the World Bank. "Arbitration has failed in our country as it takes 1,500 days to resolve a dispute," said Asok Kumar Ganguly, judge, Supreme Court of India.

Arabtec-WCT begin Meydan arbitration

Mar 14, http://www.arabianbusiness.com/549412-arabtec-wct-begin-meydan-arbitration

The region's largest listed construction conglomerate, Arabtec Holding, and Malaysian engineering firm, WCT Berhad, have initiated arbitration proceedings against Dubai-based Meydan over an alleged breach of contract for cancelling the racecourse deal in January.

...

Stockholm to host first hearings on RosUkrEnergo's lawsuit against Naftogaz on March 24

Mar 14, http://www.kyivpost.com/business/37402

The Arbitration Institute of the Stockholm Chamber of Commerce will hold the first meeting to consider the lawsuit by the Swiss-registered gas-trader RosUkrEnergo against Ukraine's national gas company Naftogaz Ukrainy on March 24. RosUkrEnergo's press secretary Andriy Knutov told the newspaper that there are two lawsuits against Naftogaz Ukrainy.

RosUkrEnergo filed action against Naftogaz to Stockholm arbitration court

Mar 11, http://mignews.com.ua/en/articles/343439.html

A dispute on 11 bn cu m of gas between RosUkrEnergo and national stock company Naftogaz Ukrainy will be settled in the international court. Yesterday the Swiss trader appealed to the Stockholm arbitration court with an action. The company asks in the action to begin bearing of a case on national stock company Naftogaz Ukrainy and oblige them returning 11 bn cu m of gas that had been cleared by the Ukrainian monopoly. "We appealed to court demanding provisionally to return gas. Also we can demand to pay it basing on prices in the countries of the European Union (EU), cites Kommersant-Ukraina a highlight source in RosUkrEnergo as saying.

...

Empresa argentina CGC inició proceso para demandar a Ecuador ante el Ciadi

Mar 09, http://www.elcomercio.com/noticiaEC.asp?id_noticia=262117&id_seccion=6

Acusa al Gobierno de no haber dado las garantías por más de 13 años para la exploración y explotación petrolera en el bloque 23, de la Amazonia. CGC afirmó que sus técnicos petroleros no han podido ingresar a ese bloque debido a la oposición violenta de grupos indígenas y ambientalistas.

Bellhaven Copper and Gold Provides Notice of Breach to Dominion Minerals Corp.

Mar 12, http://www.bellhavencg.com/inc/investor-info/news-releases/219-march-12-2009.html

Bellhaven Copper & Gold, Inc. announces that it has provided written notification of breach of the Exploration and Development Agreement (the "Agreement") to Dominion Minerals Corp., ("Dominion") its joint venture partner on the Panama-based Cerro Chorcha porphyry copper and gold deposit,.

In a letter dated March 7, 2009, Julio Benedetti, President and CEO of Bellhaven informed Manuel Jose Paredes, CEO of Dominion, that it failed to make certain payments due to Bellhaven as per Section 3.02C of the Agreement that governs the joint venture and it is now in breach, as that term is defined in the Agreement. Under the terms of the Agreement, Dominion has thirty days from the date of notification to remedy or cure this breach or its option to earn into the project is terminated.

Dominion Minerals to Initiate Arbitration Against Bellhaven Copper & Gold Inc. and Cuprum Resources Corp.

Mar 13, http://sev.prnewswire.com/null/20090313/NY8336913032009-1.html

Dominion Minerals Corporation announced that it intends to initiate arbitration against Bellhaven Copper and Gold, Inc., its joint venture partner on the Panama-based Cerro Chorcha porphyry copper and gold deposit and against its subsidiary, Cuprum Resources Corp., holder of the corresponding mining concession. Dominion informed Bellhaven of this in a letter sent to its Management on March 12, 2009. Dominion has commenced the process to initiate arbitration against Bellhaven as a result of Bellhaven's latest actions, including but not limited to sending Dominion an unwarranted letter of default, issuing an inaccurate, misleading and damaging press release, continued failure to comply with several warranties and obligations under the Exploration & Development Agreement dated March 6, 2007 (the "Agreement") and other occurrences attributable to Bellhaven, acting with an apparent lack of good faith toward Dominion.

Canwest receives $34 million in Hollinger arbitration settlement

Mar 12, http://www.canwest.com/media/viewNews.asp?NewsroomID=950

Canwest Global Communications Corp ("Canwest") announced today that it has received $34 million in full settlement of amounts owing to its subsidiary, Canwest Media Inc ("CMI") and Canwest Publications Inc, pursuant to an arbitration award in connection with its dispute with Hollinger International Inc - now Sun-Times Media Group, Inc - and related parties ("Hollinger").

In January 2009, the arbitrator awarded Canwest approximately $51 million, relating to unresolved adjustments and claims associated with the 2000 acquisition by Canwest of certain newspaper assets from Hollinger.

CMI has received $30.5 million of the settlement that will now be deposited as cash collateral under its senior credit facility. This will increase the balance of the collateral deposit to approximately $50 million. The remaining $3.5 million in settlement proceeds will benefit Canwest Publications Inc., a subsidiary of Canwest Limited Partnership.

National Arbitration Forum Releases 2008 Domain Name Dispute Resolution Program Totals

Mar 11, http://www.adrforum.com/newsroom.aspx?itemID=1479

The National Arbitration Forum, an international provider of arbitration services, today announced that a total of 1,770 cases were filed in its domain name dispute resolution program in 2008. The National Arbitration Forum is approved by the Internet Corporation of Assigned Names and Numbers (ICANN) to provide domain name dispute resolution services under policies like the Uniform Domain Name Dispute Resolution Policy (UDRP).

Dubai Chamber exports in record growth

Mar 15, http://www.gulfnews.com/business/Markets/10295246.html

The Chamber's initiative of the Dubai International Arbitration Centre handled 10 arbitration cases last month and it also held a roundtable discussion on the UAE Federal Arbitration Law and a workshop on the implementation of the Arab Centre for the Rule of Law and Integrity on Strengthening Commercial Law in the UAE.

Report probes arbitration process

Mar 13, http://www.legalnewsline.com/news/219738-report-probes-arbitration-process

A new report released by the Northwestern University School* of Law says the process of settling consumer complaints through the American Arbitration Association is cost-effective, fair and quick. Northwestern's Searle Civil Justice Institute released its findings Wednesday at the National Press Club in Washington. The institute says the study offers an empirical look at consumer arbitrations before the AAA.

* http://searlearbitration.org/

Comment: http://blogs.wsj.com/law/2009/03/11/consumers-rejoice-after-all-arbitration-is-fair-study-says/

Manifest Destiny: 5th Circuit Nixes Manifest Disregard as Ground for Vacatur of Arbitration Awards

Mar 16, http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202429045236

By John Council - Abandon all hope, ye who seek to overturn an arbitration award, because the 5th U.S. Circuit Court of Appeals has ruled that manifest disregard of the law by arbitrators is no longer a ground for vacatur under the Federal Arbitration Act.

The 5th Circuit's March 5 decision in Citigroup Global Markets Inc. v. Bacon will make parties think twice — or three times — before agreeing to submit to arbitration to settle their cases.

Nokia Stumbles in Patent Dispute

Mar 09, http://blogs.wsj.com/digits/2009/03/09/nokia-stumbles-in-patent-dispute

Nokia, the world's largest cellphone maker, has lost a legal battle to avoid defending itself at the U.S. International Trade Commission against a patent-infringement lawsuit by InterDigital. InterDigital, of King of Prussia, Pa., has received more than $1.5 billion from its wireless patents and has issued licenses for technology used in Apple's iPhone and Research In Motion's BlackBerry devices.

...

Golden Phoenix and Win-Eldrich Mines Limited resolve outstanding arbitration issues

Feb. 27, http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/02-27-2009/0004980338&EDATE=

Golden Phoenix Minerals, Inc. and Win-Eldrich Mines Ltd. are pleased to announce execution of a binding memorandum of understanding that will consolidate 100% of the ownership interest in the Ashdown Project LLC to Win-Eldrich Mines Limited. WEX will pay US$5.3 million to Golden Phoenix, which will be satisfied by the issuance by WEX of a secured promissory note for the full amount of the purchase price. The agreement amicably resolves all outstanding arbitration issues between the parties.

Gazprom proposes PGNiG new gas contract

Mar 09, http://gospodarka.gazeta.pl/gospodarka/1,54642,6359337,Gazprom_proposes_PGNiG_new_gas_contract.html

"Before PGNiG accepts the offer, it should first annul its contract with RUE. If this issue has no conciliatory solution, the Polish side will be forced to seek an answer to the issue of compensation through the arbitration court in Switzerland," said a source close to the negotiations. The problem is that PGNiG does not know who to contact in RUE, as the firm's shareholders are disputing ownership of the firm.

...

Pakistan's Ministry of Investment positive for completion of Pak-US BIT draft in April

http://www.dailytimes.com.pk/default.asp?page=2009%5C03%5C08%5Cstory_8-3-2009_pg5_1

ISLAMABAD: Ministry of Investment (MoI) is hopeful for the completion of mutually agreed final draft of Pak-US Bilateral Investment Treaty (BIT) by April this year, as bilateral consultations on unresolved issues have already started afresh.

Federal Minister for Investment Senator Waqar Ahmed Khan told Daily Times on Saturday that bilateral consultations at the level of United States Trade Representative (USTR) office and government of Pakistan have already started to settle the issues so that both sides could move fast for finalisation of this important agreement.

...

Judge Willie Hartzenberg: Removal of old order mineral rights is expropriation

Mar 09, http://www.legalbrief.co.za/article.php?story=20090309084736624

The government could face compensations claims worth billions by old order mineral rights holders after a Pretoria High Court order in favour of AgriSA.

According to Rapport, Judge Willie Hartzenberg ruled that the removal of these rights amounts to expropriation and that the property owners should be compensated. Alternatively, the Minerals Act should be repealed to restore the mineral rights of property owners. AgriSA brought the 'test case' relating to coal rights on a property in Mpumalanga. In terms of the Development of Minerals and Petroleum Resources Act of 2002, these rights were transferred to the state.

...

Old order mineral rights ruling 'not a free for all'

Mar 11, http://www.businessday.co.za/articles/topstories.aspx?ID=BD4A956686

LAST week's high court judgment on the case brought by holders of "old order" mineral rights does not mean that anyone who lost those rights will automatically be entitled to compensation, Bell Dewar director Nic Roodt said yesterday.

Under the Mineral and Petroleum Resources Development Act introduced in May 2004, the state became the custodian of SA's mineral wealth. Until that date, mineral rights had a value that could be freely transferred or held for as long as the owner wished.

...

Agri SA applauds mineral rights verdict

Mar 09, http://www.mg.co.za/article/2009-03-09-agri-sa-applauds-mineral-rights-verdict

Agri SA has welcomed a Pretoria High Court ruling that the Mineral and Petroleum Resources Development Act is effectively expropriating unused, old order mineral rights.

...

Bahrain to set up new arbitration centre

Mar 09, http://www.tradearabia.com/news/newsdetails.asp?Sn=LAW&artid=157615

A high-profile arbitration centre specialised in settling trade disputes more quickly was yesterday given the green light by Bahrain's Cabinet. The Cabinet approved the initiative during a session chaired by Prime Minister Shaikh Khalifa bin Salman Al Khalifa at Gudaibiya Palace.

The new panel will be named the Bahrain Chamber for Settling Economic, Financial and Investment Disputes. "It will be legally authorised to deal with disputes exceeding BD500,000," Cabinet Affairs Minister Shaikh Ahmed bin Ateyatala Al Khalifa said.

...

Does Dubai need more than one arbitration centre?

Mar 08, http://www.gulfnews.com/business/Comment_and_Analysis/10292858.html

The answer to this question would most likely be yes if each centre was serving a purpose unique to it or if one of the centres was serving a particular industry or practice. However, in the absence of this rationale questions quite rightly arise as to the justification for having two arbitration centres in Dubai located only few kilometres from each other.

...

Chavez orders expropriation of Cargill rice plant

Mar 05, http://www.google.com/hostednews/ap/article/ALeqM5hZXur4mhozS8bGSqX95ptq3TVv3QD96NT7400

President Hugo Chavez ordered the expropriation of a rice-processing plant in Venezuela owned by American food giant Cargill Inc. on Wednesday because the company allegedly was not distributing rice at prices imposed by the government.

...

Chavez threatens Polar with expropriation

Mar 07, http://www.iht.com/articles/ap/2009/03/07/business/LT-Venezuela-Polar.php

President Hugo Chavez on Friday warned Venezuela's largest food producer that its entire operations could soon be expropriated amid a personal spat between Chavez and its president.

Coke willing to cooperate with Venezuela's Chavez

Mar 09, http://www.businessweek.com/ap/financialnews/D96QR56G0.htm

CARACAS, Venezuela - Venezuela's Coca-Cola bottler says the company is willing to relocate a distribution center and parking lot if an agreement can be reached with the government.

President Hugo Chavez has ordered Coca-Cola FEMSA de Venezuela SA to turn the area in the country's capital over to the local community within two weeks

...

Chavez's company seizure threatens Carabobo bids

Mar 09, http://www.ogj.com/display_article/355620/7/ONART/none/GenIn/1/Chavez%27s-company-seizure-threatens-Carabobo-bids/

Bidding in Venezuela's Carabobo tender—already a matter of concern to some companies—could face further problems following the government's seizure of a unit of American food giant Cargill.

...

Settlement of Arbitration Proceedings brought by Asia Timber Products Company Limited against Asia Dekor Holdings Limited

Mar 10, http://www.finanznachrichten.de/nachrichten-2009-03/13320579-asia-dekor-holdings-limited-settlement-of-arbitration-proceedings-brought-by-asia-timber-products-company-limited-against-asia-dekor-holdings-limited-027.htm

...

The Board of Directors wishes to inform Shareholders that the Company and the Purchaser have executed a "without admission of liability" settlement agreement (the "Settlement Agreement") in respect of the Arbitration Proceedings on 4 March 2009 to settle all disputes arising out of the Agreement and the Arbitration Proceedings (the "Settlement"). The Settlement will result in the amount of approximately S$10.18 million of the Escrow Amount being paid to the Company in immediately available funds, the same of which had been duly received.

...

Pricer AB implicated in arbitration proceedings

Mar 09, http://www.pricer.com/templates/PageWaymaker.aspx?id=35&urlid=2009030924300,181634&year=2009

Pricer AB signed in 2006 a test agreement with ProMargin AB with the purpose to evaluate cooperation regarding a new business concept that ProMargin was about to develop. Pricer gave notice of termination of the cooperation in November 2007. ProMargin contests Pricer's right to terminate the cooperation according to the test agreement. ProMargin has now initiated arbitration proceedings and asked the arbitral tribunal to declare that Pricer in principle is liable to pay damages due to breach of contract. ProMargin is seeking for a declaratory award and is not claiming for any financial compensation by Pricer in the arbitral proceedings.

...

KIT Finance Sues S7

Mar 10, http://www.themoscowtimes.com/article/1012/42/375165.htm

KIT Finance has sued S7 airlines in a Novosibirsk arbitration court for a negligible amount, Vedomosti cited a bank representative as saying on Friday.

Madoff victims' lawyers call for international court

Mar 09, http://business.maktoob.com/NewsDetails-20070423215055-Madoff_victims_lawyers_call_for_international_court.htm

AFP - Lawyers representing thousands of Bernard Madoff's alleged victims called Monday for an international court to probe the alleged fraudster, who is expected to plead guilty this week. "We want to seek a global answer to a global problem," Javier Cremades, a Spanish attorney who chairs an international alliance of 45 law firms, said in New York.

...

ICF and the Government of Mali Announce Boost for Investors

Mar 06, http://appablog.wordpress.com/2009/03/06/icf-and-the-government-of-mali-announce-boost-for-investors/

ICF (Investment Climate Facility for Africa, www.investmentclimatefacility.org, www.icfafrica.org) announced a partnership with the Government of Mali to implement two new projects that will reduce the time and costs businesses spend resolving commercial and fiscal disputes. The projects aim to modernise Mali's current fiscal and commercial administrative framework to create a more business-friendly investment climate.

...

The case for Singapore as global arbitration hub

Mar 06, http://www.singaporelawwatch.sg/remweb/legal/ln2/rss/legalnews/61049.html

THE new chief of the Singapore International Arbitration Centre (SIAC) is aiming to develop the centre into a world-class player in legal arbitration matters. Arbitration is an increasingly attractive means to settle disputes between parties because of its portability, mobility and its almost worldwide enforceability.

...

Elixir named in proceedings to recover $9.6m unpaid 3D seismic bill

Mar 05, http://www.elixirpetroleum.com/docs/asx/2009/EXR20090305.pdf

Elixir Petroleum Limited announces that its subsidiary, Elixir Petroleum (UK) Limited ("EP(UK)"), has received a notice of arbitration issued by TGS-NOPEC Invest AS ("TGS"), the seismic contractor who acquired 3D seismic over Block SL-4, located offshore Sierra Leone during the course of 2008.

The notice of arbitration relates to an alleged dispute concerning payment of approximately US$9.3 million for the seismic data acquired by TGS. EP(UK) has been named as a co- Respondent in the arbitration together with Prontinal Limited, EP(UK)'s former joint venture partner in the Block SL-4 joint venture. EP(UK) understands that an existing arbitration in relation to the dispute is currently in progress between Prontinal and TGS.

It remains the view of EP(UK) that Prontinal Limited, is responsible for the payment of any sums that are found to be due to TGS in respect of the 3D seismic acquisition and processing, notwithstanding the forfeiture of their interest in Block SL-4 to EP(UK).

As previously advised, EP(UK) has commenced legal proceedings in the British Virgin Islands seeking recovery of monies owed to it by Prontinal Limited and the winding up of Prontinal. Prontinal has lodged documentation to set aside the proceedings, with a hearing on this matter currently set down for mid-March 2009.

EP(UK) is in the process of obtaining advice from its legal counsel in relation to the Notice of Arbitration, but at this stage intends to vigorously defend its position with respect to the arbitration.

CIETAC establishes a new record

In 2008, CIETAC established a new record by accepting 1230 new cases, including 548 foreign-related ones and 682 domestic ones, and resolved a total of 1097 cases, with a total claim amount of RMB 20.9 billion. CIETAC's Domain Name Dispute Resolution Center accepted 267 domain name dispute cases during 2008 and resolved a total of 268, while CMAC accepted 60 cases and resolved 41. The arbitral awards were widely recognized and enforced in many countries and regions.

...

U.S. District Court for the Southern District of New York Confirms Arbitration Award

Mar 04, http://www.insurereinsure.com/BlogHome.aspx?entry=1431

In a recent decision of the United Stated District Court for the Southern District of New York, Global Int'l Reinsurance Co. v. TIG Ins. Co., 08 Civ. 7338 (JSR) (S.D.N.Y. Jan 20, 2009), the court granted a cedent's petition to confirm an arbitration award and denied a reinsurer's motion to vacate the award in part.

...

Arbitration Court judges meet at Gazprom premises

Feb 27, http://www.gazprom.com/eng/news/2009/02/34649.shtml

Chaired by Nikolai Dubik, Member of the Gazprom Management Committee - Head of the Legal Department the judges of the Gazprom Arbitration Court assembled today for an annual meeting at the Company's Headquarters. Taking part in the meeting were representatives of the Gazprom Legal Department.

The meeting summed up the operational results of the Gazprom Arbitration Court for 2008. The participants underscored that the completion of the complex and abundant work related to the court practice colligation for 2004-2007 had been one of the major achievements. Later on, this will enable the Arbitration Court to optimize its actions, reduce the term of consideration of cases, primarily for uniform commercial disputes.

The meeting noted that the work done over the previous years with regard to improving the Rules of the Arbitration Court had ensured a 15 per cent cost reduction in arbitration proceedings in 2008.

Special attention was paid to further prospects for raising the operational efficiency of the court. In particular, the meeting participants touched upon the issue of integrating electronic document management and digital signature into the court operation in order to reduce a time span required for arranging legal proceedings.

"The huge range of Gazprom's business activities as well as plenty of subsidiary and affiliate companies within Gazprom's structure determine the unique role of the Arbitration Court in increasing the efficiency of the Company's operations, namely, through developing a unified law enforcement practice for Gazprom Group.

Nowadays the Gazprom Arbitration Court has a reliable reputation based on the judges' expertise and the great work experience. This is the reason why an increasing number of enterprises not entering into Gazprom Group choose our Arbitration Court for the judicial settlement of disputed issues," pointed out Nikolai Dubik.

...

Anaconda Announces Initiation of Arbitration Process With JV Partner New Island [pdf]

Mar 03, http://www.anacondamining.com/pdf/ANX_News_March3_09.pdf

Anaconda Mining Inc., announces that the Company and joint venture partner New Island Resources ("New Island") have agreed to refer any unresolved matters pertaining to the Pine Cove joint venture to arbitration as contemplated under the terms of the Option and Joint Venture Agreement dated November 26, 2003 (the "JV Agreement").

In a previous press release dated February 18, 2009 the Company advised that in recent communications New Island had challenged, among other things, Anaconda's right to pursue the recently announced toll processing arrangement with Crew Gold Corporation ("Crew"), based upon their interpretation of the JV Agreement. After careful consideration Anaconda has determined that any such claim is without merit and opportunistic. The Company welcomes this development therefore and is confident that the arbitration process will facilitate a resolution to any outstanding issues that will be fair to both parties and will reflect the spirit and intent of the parties when they entered into the JV Agreement in 2003.

"While differences between our companies exist, both parties agree that off-site ore processing should commence without delay to take advantage of current gold prices. The arbitration process provides a mechanism for the joint venture partners to resolve their current disputes on a timely basis. Parallel to the arbitration process, it is certainly our intention to continue to attempt to negotiate a beneficial commercial resolution to any outstanding issues in good faith," commented Lewis Lawrick President & CEO of Anaconda.

Anaconda recently announced it has entered into a non-binding letter of intent with Crew regarding a proposed toll processing arrangement, and are proceeding with finalizing a definitive agreement to reflect such arrangement. Under the toll processing agreement, Anaconda would deliver ore for processing from the Pine Cover gold mine to Crew's Nugget Pond mill. It is expected the toll processing arrangement would commence in June, 2009 and continue for a period of 12 months. It is anticipated that up to 200,000 tonnes of ore would be processed by Crew during the period of this agreement, however the agreement will provide for an extension on terms mutually agreeable to the parties within 60 days of the expiry of the original 1 year term.

Anaconda is currently operating its Pine Cove mill at a reduced rate of throughput (100 tpd) while it continues to work at optimizing gold recovery in the concentrator circuit at the front end of the mill. Optimization testing on run of mill ore is currently being undertaken in consultation with the manufacturer of the concentrator equipment (Gekko Systems). The Company believes this work will result in a more consistent gold recovery within the concentrator circuit and allow the Pine Cove mill to ramp up to its targeted production throughput rate of 500 tpd. It would be the intention of the Company to continue operating the Pine Cove mill during the toll processing arrangement at Nugget Pond with Crew Gold.

Chandler's Microchip battles Asian firms over infringement

Mar 04, http://www.azcentral.com/arizonarepublic/business/articles/2009/03/04/20090304biz-microchip0304.html

...

In January, an International Chamber of Commerce arbitration panel ordered Chandler-based Amkor Technology Inc. to pay $61 million to competitor Tessera Inc. for past-due licensing royalties pertaining to patents on semiconductor packages. In addition to its suit, Microchip has filed 18 administrative actions with the China State Intellectual Property Office, or SIPO, to invalidate Shanghai Haier patents.

...

Merkel's Cabinet agrees on expropriation law

Feb 18, http://www.forbes.com/feeds/ap/2009/02/18/ap6065702.html

AP - Chancellor Angela Merkel's Cabinet agreed Wednesday on a new law that will allow the German government to take over private banks hit by the financial crisis by expropriating shareholders if necessary.

...

Arbitration: the future of Perth

Feb 02, http://au.legalbusinessonline.com/news/breaking-news/arbitration-the-future-of-perth/32242

Dispute resolution, cross-border deals and the future of Perth...with dispute resolution practice groups expecting more work as a result of the credit fall out, will arbitration emerge as the standard method of dispute resolution in cross-border deals?

EVENTS

Experts Discuss Future of International Arbitration - conference report J.B. Moore Society of International Law

http://www.law.virginia.edu/html/news/2009_spr/intl_arbitration.htm

Attorneys who work and write about international arbitration gathered at the Law School on Feb. 27 to discuss issues surrounding the growing practice. The symposium, "International Arbitration: A Look to the Future," was hosted by the J.B. Moore Society of International Law.

...

Conference tackles present, future of Asian economies - conference report

Mar 05, http://media.www.hlrecord.org/media/storage/paper609/news/2009/03/05/News/Conference.Tackles.Present.Future.Of.Asian.Economies-3661103.shtml

Anne Marie Whitesell, former Secretary General of the International Chamber of Commerce's International Court of Arbitration, highlighted the growing role of arbitration in Asia, particularly in Singapore, Hong Kong and Seoul. Whitesell noted that many Asian companies favor arbitration because they have fears about local bias and their lack of familiarity with foreign courts, and arbitration gives parties greater control over the resolution of their disputes. However, she also emphasized the need to develop more comprehensive arbitration procedures in many Asian countries and the need to improve the level of knowledge of international arbitrators in the region, so that there is a larger pool of experienced arbitrators with local cultural knowledge.

International Arbitration 2009 (Groupcast Location) March 24

Pennsylvania Bar Institute-Philadelphia, PA, http://www.pli.edu/product/seminar_detail.asp?id=50478

Attendees in Pennsylvania will be viewing the live broadcast at the Pennsylvania Bar Institute's CLE Conference Center, Wanamaker Building, 10th floor, Philadelphia (Juniper St. entrance, between 13th & Broad Sts., opposite City Hall). You will have the opportunity to submit questions and will receive the printed Course Handbook.

...

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].

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. New York City, June 15-16

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.

PODCASTS

IDN 65 - Turning Mediation Into a Global Profession, IMI, Part II

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

Why IMI? That's the gist of the question that International Mediation Institute head, Michael Leathes, asks International Dispute Negotiation host Mike McIlwrath, to open Part II of their conversation on credentialing mediators.

The Netherlands-based IMI is receiving wide support-and some skeptical looks-for its efforts to decrease wasteful litigation with increased mediation use in cross-border disputes. IMI intends to make available a wide range of information about individual mediators.

In last week's podcast, Michael Leathes explained how IMI screens applicants, what it expects, how it will disseminate information on the Web, and why its critics are wrong. This week, the conversation focuses on the need. IDN host Mike McIlwrath is chairman of IMI's board. His guest turns the tables and asks why his employer, General Electric Co., is interested in IMI, and why it backs IMI's goals. Find out why GE is a "pro-mediation company," and why the company believes it has a stake in seeing it used more in business, worldwide.

MOVES / JOBS

Nigel Blackaby appointed as new head of Freshfields US international arbitration group

Mar 12, http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=1740

International law firm Freshfields Bruckhaus Deringer has today announced the appointment of partner Nigel Blackaby as head of Freshfields' United States international arbitration group. This follows Lucy Reed's designation as co-head of the global international arbitration group with Jan Paulsson.

Appointment of Ms. Cheryl Carolus and Mr. Roberto Danino to the Gold Fields Board

Mar 11, http://www.newswire.ca/en/releases/archive/March2009/11/c7769.html

Gold Fields Limited is pleased to announce the appointments of Ms. Cheryl Carolus and Mr. Roberto Danino to the Board of Directors.

Mr. Roberto Danino is a Peruvian lawyer who has practiced for over 30 years as a Partner of leading law firms in Lima and Washington DC. He has ample experience throughout Latin America, as well as in the USA and the UK. He is a graduate of Harvard Law School and the Pontificia Universidad Catolica del Peru. Mr. Danino sits on various corporate and non-profit boards, both in Peru and the USA, including Gold Fields La Cima in Peru. Mr. Danino has also served as Prime Minister of Peru and Ambassador to United States. He has been Senior Vice President and General Counsel of the World Bank, as well as Secretary General of the International Center for Settlement of Investment Disputes (ICSID). He was also the founding General Counsel of the Inter-American Investment Corporation (IIC) in Washington, D.C., the private sector affiliate of the Inter-American Development Bank.

...

Fulbright & Jaworski L.L.P. Names 13 New Partners

Mar 11, http://www.fulbright.com/index.cfm?fuseaction=news.detail&site_id=286&article_id=8016

Fulbright & Jaworski L.L.P. has elevated nine senior associates and four senior counsels from core practice areas to join the firm's global partnership spanning 16 cities worldwide.

The new Fulbright partners are: Jody C. Bishop, Dallas; Michael S. Chamberlin, Los Angeles; Steve Dollar, Dallas; Marsha Gerber, Houston; Julie Hardin, Houston; Marc Latman, New York; Barclay Nicholson, Houston; Jason Rother, Houston; Guy Singer, Washington, D.C.; Hassan Elsayed, Dubai; Ben McQuhae, Hong Kong and Jie Zhang, Hong Kong. Also, Anibal Sabater was admitted as a partner in Fulbright & Jaworski International LLP.

"We are delighted to welcome this outstanding group of new partners during an important and challenging time in the national and international economy," said Steven B. Pfeiffer, the Chair of Fulbright's Executive Committee. "These new partners come from diverse backgrounds and practice areas, such as litigation, intellectual property, energy, corporate, and labor and employment. Each understands and embodies our firm's commitment to putting the needs of our clients at the forefront and offering top-notch service. They represent the future of our firm."

Aníbal Sabater, a new partner in Fulbright & Jaworski International LLP, is an international arbitration adviser in the firm's Houston office. His recent international arbitration experience includes service in cases conducted under the AAA/ICDR, ICC, ICSID, and UNCITRAL Arbitration Rules. He also has served as an arbitrator in disputes conducted under the ICC and the ICDR Rules. Sabater's work extends to international cross-border litigation, mediation and conciliation matters, as well as cases before the European Court of Human Rights. Sabater received his Ph.D., cum laude, from the Universidad Complutense in Madrid in 1999, and his J.D. with first in the class honors in 1997 from the Universidad Complutense in Madrid. He was admitted to practice law in Spain in 1997 and California in 2005. In 2008, he was admitted as solicitor in England and Wales. He is not admitted to practice in Texas.

Barclay Nicholson has represented some of the world's major oil and gas companies and is well-versed in energy and construction litigation. Additionally, Nicholson has represented clients in a broad range of commercial disputes, including intellectual property disputes, in federal and state courts and abroad. Prior to joining Fulbright, Nicholson served as a briefing attorney for Justice Alberto Gonzales of the Texas Supreme Court, who later served as the U.S. Attorney General. Nicholson earned his J.D. in 1999, magna cum laude, from the University of Houston, where he served as an associate editor of the Houston Law Review. He received his B.A. in 1995, with honors, from The University of Texas.

Hassan Elsayed has broad corporate and commercial law experience in the Middle East, including international arbitration, litigation, intellectual property matters and joint ventures. Elsayed has lived and practiced in Dubai since 1994. Prior to that, he practiced in Kuwait where he was part of a consortium that prepared the government claims of the State of Kuwait to the United Nations Compensation Commission in Geneva arising from the first Gulf War. Elsayed received his LL.B. from Ain Shams University, Cairo in 1985. His experience also includes acting as counsel for the Egyptian Sugar and Integrated Industries and private practice in Cairo.

ICSID Pending

Sempra Energy International v. Argentine Republic (ICSID Case No ARB/02/16)

Decision on the Argentine Republic's Request for a Continued Stay of Enforcement of the Award (Mar 05, 2009)

Joseph C. Lemire v. Ukraine (ICSID Case No. ARB/06/18)

Status of Proceeding: Pending (the parties file post-hearing briefs on March 4, 2009)

Shell Nigeria Ultra Deep Limited v. Federal Republic of Nigeria (ICSID Case No. ARB/07/18)

Status of Proceeding: Pending (the Tribunal holds a first session in Paris on March 5, 2009)

Perenco Ecuador Limited v. Republic of Ecuador and Empresa Estatal Petróleos del Ecuador (Petroecuador) (ICSID Case No. ARB/08/6)

Status of Proceeding: Pending (the Respondent files a reply to the Claimant's request for provisional measures on February 26, 2009)

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

Status of Proceeding: Pending (the Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1) on March 10, 2009)

Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada (ICSID Case No. ARB(AF)/07/4)

Subject Matter: Petroleum development projects

Constituted: March 09, 2009

Composition of Tribunal President: Hans VAN HOUTTE (Belgian); Arbitrators: Merit JANOW (U.S.); Philippe SANDS (British/French)

Status of Proceeding: Pending (Tribunal recently constituted)

Víctor Pey Casado and President Allende Foundation v. Republic of Chile (ICSID Case No. ARB/98/2)

Status of Proceeding: Pending (the Tribunal holds a hearing in Paris on March 10-11, 200

Société Générale de Surveillance S.A. v. Republic of Paraguay (ICSID Case No. ARB/07/29)

Status of Proceeding: Pending (the Claimant files a rejoinder on jurisdiction on March 9, 2009)

Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/05/16)

Status of Proceeding: Pending (the ad hoc Committee holds a first session in Washington, D.C., on February 9, 2009)

Compagnie d'Exploitation du Chemin de Fer Transgabonais v. Gabonese Republic (ICSID Case No. ARB/04/5)

Status of Proceeding: Pending (the ad hoc Committee issues a decision on the stay of enforcement of the award on March 13, 2009)

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

Annulment Proceeding

Date Registered: January 14, 2009

Status of Proceeding: Pending (ad hoc Committee not yet constituted)

ICSID Concluded

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

Outcome of Proceeding: Award rendered on March 13, 2009.

BOOKS

Ethics in International Arbitration

Catherine Rogers
ISBN13: 9780195337693
ISBN: 0195337697
To be Published: July 2009
Publisher: Oxford University Press
Country of Publication: USA
Binding: Hardback
Price: £52.00

Although international arbitration is a remarkably resilient institution, many unresolved and largely unacknowledged ethical quandaries lurk below the surface. With the expansion of world trade, the pool of parties, counsel, experts and arbitrators has become more numerous and more diverse, such that informal social controls are no longer a sufficient substitute for formal ethical regulation. At the same time, the international arbitration system has veered sharply toward more formal and transparent procedures, meaning that ethical transgressions are bound to become more evident and less tolerable. Despite these clear signals, regulation of various actors in the system-arbitrators, lawyers, experts and arbitral institutions-has not evolved to keep apace of these needs.

Arbitrability in International Arbitration

Loukas Mistelis
ISBN13: 9789041127303
ISBN: 9041127305
To be Published: April 2009
Publisher: Kluwer Law International
Country of Publication: Netherlands
Binding: Hardback

It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice.

Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards.

The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law

This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added.

The subject of the book - arbitrability - is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today

Tribunales nacionales, arbitraje internacional y protección de inversiones extranjeras

Enrique Fernández Masiá
Lugar y fecha de edición: Madrid 2008
Editorial: Marcial Pons, Ediciones Jurídicas y Sociales
Páginas: 184
Encuadernación: Rústica
Medidas: 21 cm. Idioma: Español
ISBN(13): 9788497685641
http://www.marcialpons.es/fichalibro.php?id=100830788

En este libro se aborda uno de los temas más actuales en el Derecho internacional de inversiones en la actualidad: la litigiosidad creciente en este ámbito y los medios de solución de controversias que tiene en su mano el inversor para resolver sus diferencias con el Estado receptor de la inversión. En un mundo tan globalizado como el actual, las inversiones directas extranjeras se han convertido en el motor fundamental del desarrollo de gran parte de los países, pero al mismo tiempo, los nuevos "vientos" políticos en algunos Estados - Venezuela, Bolivia y Ecuador son claros exponentes -, marcan una creciente dialéctica entre los intereses de las partes presentes en un proyecto inversor ÍNDICE (Resumen): La compleja estructura del sistema de solución de controversias en materia de inversiones extranjeras. Arbitraje internacional versus tribunales nacionales (I): la competencia del tribunal arbitral internacional para conocer de las acciones convencionales y/o de las acciones contractuales. Arbitraje internacional versus tribunales nacionales (II): las cláusulas convencionales que tratan de evitar la duplicidad de procedimientos. El desarrollo de arbitrajes internacionales paralelos y múltiples