Transnational Dispute Management - TDM News Digest - The Network for International Arbitration, Mediation and ADR, International Investment Law and Transnational Dispute Management

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issue #07, week 13. 25 March 2009
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

NEWS

Jordan Investment Board preparing a draft law on investment promotion

Mar 25, http://www.zawya.com/Story.cfm/sidZAWYA20090325033910/JIB%20preparing%20a%20draft%20law%20on%20investment%20promotion

Jordan Investment Board (JIB) is preparing a draft law on investment promotion in line with the Income Tax Law, JIB Chief Executive Officer Maen Nsour said on Monday. Nsour said the draft law eliminates obstacles hampering investments through unifying projects' legal references and providing a legislative framework for the investment window.

Natural Resources Secretary Atienza acts to resolve Billiton row with partners

Mar 24, http://www.philstar.com/Article.aspx?articleId=451353&publicationSubCategoryId=66

Environment and Natural Resources Secretary Jose L. Atienza is set to make a final push to resolve the continuing dispute between Australian mining giant BHP Billiton Ltd. and Peter Tan's Asiaticus Management Corp. (Amcor). Atienza said the disputed Pujada mines "cannot just be idle."

West Hawk Energy provides updated on arbitration proceeding against Encana

Mar 24, http://www.westhawkdevelopment.com/news/newsrelease/2009/295/

The Company would like to provide an update regarding the West Hawk Energy (USA), LLC, arbitration proceeding. On December 1, 2008, WHE filed a Demand for Arbitration with the American Arbitration Association ("AAA") against EnCana Oil and Gas (USA) Inc. ("EnCana") raising claims under the parties Drilling and Development Agreement dated May 1, 2006 (the "DD&A"). WHE has alleged that EnCana breached the DD&A by making WHE's performance thereunder more difficult. The Company expects that AAA will appoint the panel of Arbitrators in the near future as per AAA Rules.

Rosneft to purchase 5.5% in VCNG for RUB 1.5 billion

Mar 25, http://steelguru.com/news/index/2009/03/25/ODc0NjA%3D/Rosneft_to_purchase_5.5%2525_in_VCNG_for_RUB_1.5_billion.html

VSGK earlier held 11.2% in VCNG. However, in 2007, it was decided that this share packet be divided between TNK-BP and Rosneft. TNK-BP purchased its shares but Rosneft did not implement the transaction on time. Later the arbitration court of Irkutsk accepted a lawsuit from the region's administration demanding an annulment of the VSGK board's decision to sell TNK-BP the share packet.

In mid-February it was reported that TNK-BP and the Irkutsk administration settled the dispute regarding the 5.48% stake in VCNG and agreed to keep the packet on VSGK's balance sheet. In addition, the fourth arbitration appeals court, based in Chita, made a decision to delay a review of an appeal petition from the Irkutsk Region's property relations agency regarding the earlier decision to cancel the administration's lawsuit owing to "ongoing bi-lateral negotiations for reaching a compromise in relation to the disputed object and preparations for a settlement agreement."

Sallies - Honeywell ruling expected in March

Mar 19, http://www.miningweekly.com/article/arbitration-begins-this-week-in-sallieshoneywell-dispute-2007-09-19

The biggest threat to the company's survival is a dispute with US-based Honeywell, which could mean a payment of R65m, including the claim, interest and legal fees, if the decision in the International Chamber of Commerce goes against it. "We wouldn't be able to absorb a smack like that," Dale said, unwilling to comment on what Sallies would do to pay that amount if the decision goes against it.

Honeywell has lodged a claim of $4.5m against Sallies, which is being decided by the Zurich-based arbitral tribunal. Sallies has a counter-claim of $3.8m. The case relates to a terminated supply agreement between the two companies. Sallies has made no provision for the claim.

A ruling will be handed down to the International Chamber of Commerce by the arbitration tribunal during March and the final award by that chamber will be made in April.

See also tdmnews-2008-25.htm and tdmnews-2007-19.htm

Archangel Diamond Corporation announces update on the status of arbitration and litigation

Mar 20, http://www.archangeldiamond.com/pdf/ADC_News-Release-02-March-20-09.pdf

Archangel Diamond Corporation announces that the Stockholm commercial arbitration against OAO Arkhangelskoe Geologodobychnoe Predpriyatie is re-commencing in accordance with a new timetable agreed with the Tribunal. Additionally the lawsuit in the Denver District Court, State of Colorado, USA against OAO Lukoil has also re-commenced.

Nota correspondiente a la publicación del día Lunes de 23 de Marzo de 2009

Mar 23, http://www.telam.com.ar/vernota.php?tipo=N&idPub=139366&id=282636&dis=1&sec=1

Una compañía de seguros estadounidense desistió de una demanda contra Argentina en el CIADI

Se trata de CIT Group Inc., una de las aseguradoras más importante de los Estados Unidos. La firma había presentado en 2003 una acción ante el tribunal de mediación que funciona en la órbita del Banco Mundial y en ese marco reclamaba una indemnización de casi 124 millones de dólares más los intereses.

Helmerich idles another Venezuela rig in dispute

Mar 23, http://www.reuters.com/article/rbssEnergyNews/idUSN2328842820090323

Helmerich & Payne Inc has idled four rigs in Venezuela so far due to a payment dispute and expects all 11 there to be idled by this summer. Helmerich & Payne will keep shutting down rigs as long as a dispute over nearly $100 million owed by the country's state oil company, PDVSA, continues.

Belize government wins case against US telecoms investor

Mar 21, http://www.telegeography.com/cu/article.php?article_id=27793&email=html

Britain's Privy Council has handed down a judgment in favour of the Belize government and Telemedia against US investor Jeffrey Prosser.

For years, Prosser's companies, Belize Telecom Limited (BTL) and Innovative Communication Company, have been embroiled in legal wrangling over a "special share" and seats on the Board of the BTL.

Channel 5 Belize reported that the special share was sold to Prosser as part of an aborted takeover of Belize Telecommunications Ltd, (BTL). However, when Prosser failed to complete his acquisition of control of BTL from the former majority owner, Michael Ashcroft, the special share and the rights it confers were taken away from the American investor by the Minister of Public Utilities acting under a statutory instrument.

Germany: Bank Expropriation Bill Clears Parliament

Mar 20, http://www.spiegel.de/international/business/0,1518,614539,00.html

The German Bundestag on Friday passed a law that gives Chancellor Merkel the power to expropriate shareholders in the ailing real-estate lender HRE. It could become the first such expropriation in Germany since the 1930s.

India: Need for effective arbitration stressed

Mar 23, http://www.expressbuzz.com/edition/story.aspx?Title=Need+for+effective+arbitration+stressed&artid=Lxz8SlC8oQ4=&SectionID=lifojHIWDUU=&MainSectionID=wIcBMLGbUJI=&SectionName=rSY%7C6QYp3kQ=&SEO=

There is too much interference by the courts once decisions are taken under the Arbitration and Conciliation Act, 1996, according to K K Venugopal, a senior advocate in the Supreme Court.

India: Chief Justice calls for arbitration in property, trade dispute cases

Mar 23, http://timesofindia.indiatimes.com/Cities/CJ-calls-for-arbitration-in-property-trade-dispute-cases/articleshow/4302251.cms

The new chief justice of the Madras high court, justice Hemant Laxman Gokhale, has called for a uniform global standard in the enforcement of arbitration and mediation laws.

He was addressing a seminar Arbitration in India, sharing knowledge and building connections organised jointly by the Nani Palkhivala Arbitration Centre (NPAC), Singapore International Arbitration Centre (SIAC) and the Confederation of Indian Industry (CII), here on Saturday.

Holcim initiates arbitration proceedings against Venezuela

March 23, http://www.holcim.com/CORP/EN/id/1610648307/mod/6_1/page/news.html

Holcim Ltd has initiated international arbitration proceedings against the Republic of Venezuela before the International Centre for the Settlement of Investment Disputes ("ICSID") in Washington D.C. The Group seeks full compensation for the expropriation of its subsidiary, Holcim Venezuela, by the Venezuelan Government.

On April 3, 2008, the President of Venezuela publicly announced that the Government would nationalize the cement industry in Venezuela. On May 27, 2008, the President issued a Decree nationalizing Holcim Venezuela and the two other foreign-owned cement companies. The Nationalization Decree became effective on 18 June 2008.

Pursuant to the terms of the Nationalization Decree, the Venezuelan Government invited Holcim to negotiate the compensation for its nationalized assets. In the interest of reaching an amicable resolution, Holcim accepted the Government's invitation. On August 18, 2008, Holcim and Petróleos de Venezuela S.A. (PDVSA), acting on behalf of the Venezuelan Government, signed a Memorandum of Understanding by which they agreed in accord with the Nationalization Decree to proceed to negotiate an agreement that would effect the transfer from Holcim to PDVSA of 85 percent of the shares in Holcim Venezuela.

In accord with the Memorandum of Understanding, the parties proceeded to negotiate the terms of a share purchase agreement, but in October 2008 the Venezuelan Government ceased communications. No agreement was ever signed, and Holcim has received no compensation for the expropriated assets.

In its filing with ICSID, Holcim contends that Venezuela has breached its obligations to Holcim, under the Agreement between the Republic of Venezuela and the Swiss Confederation on the Reciprocal Promotion and Protection of Investments, dated November 18, 1993, by failing to pay the compensation required under those treaties for the expropriated assets. In the arbitration proceedings, Holcim intends to seek relief in the form of compensation equivalent to the full fair market value of all assets at the time of the nationalization, an amount substantially greater than the value placed on Holcim Venezuela for purpose of the transaction contemplated by the Memorandum of Understanding.

Venezuela to go ahead with nationalization of Santander bank unit

Mar 20, http://www.tradingmarkets.com/.site/news/Stock%20News/2233108/

President Hugo Chavez said Venezuela will go ahead with the nationalization of the local unit of Spanish banking giant Grupo Santander, saying reports that the negotiations for the takeover would be delayed until next year are inaccurate.

Yemen Government seeks to promote investment legislation

Mar 21, http://www.sabanews.net/en/news178947.htm

Minister of Planning and International Cooperation and Deputy Prime Minister Abdul Karim al-Arhabi affirmed on Saturday the government's keenness on the creation of a motivating legislative environment for national and foreign investments. During a ministerial meeting to discuss the final draft of Investment Law, al-Arhabi said the new investment law equals to the best international ones.

China: MOFCOM studies revision of Foreign Investment Law

Mar 20, http://www.chinadaily.com.cn/bizchina/2009-03/20/content_7599954.htm

The Ministry of Commerce (MOFCOM) is mulling over revising the Foreign Investment Law to adjust its supervision and decision power and to specify and standardize relevant rules and regulations.

May Courts Assist Private International Arbitration? - The judicial split over the reach of 28 U.S.C. §1782

by Sofia E. Biller and Howard S. Suskin

Mar 19, http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1202429179322

Increasingly, with more disputes being required by contract to be resolved through international arbitrations, parties must pursue creative avenues to obtain written discovery and witnesses' testimony. One such avenue is provided by 28 U.S.C. §1782, which empowers U.S. district courts to provide assistance to foreign and international tribunals by ordering a person residing in the district "to give his testimony or statement or to produce a document for use in a proceeding in a foreign or international tribunal." A district court is authorized, but not required, to grant an application for discovery or testimony when the application under §1782 shows that: (1) the discovery is sought from a person who resides or is found in the same district as the court to which the application is made, (2) the discovery is for use in a proceeding before a foreign tribunal, and (3) the applicant is a foreign or international tribunal or "interested person."

...

Joint Statement by American Softwood Lumber Industry and Workers Urging Strong Enforcement of U.S. Trade Laws and Agreements [pdf]

Mar 20, http://www.fairlumbercoalition.org/doc/press_release_03-20-09.pdf

A wide-ranging group of American labor and lumber manufacturer organizations, lumber producers and forest landowners are encouraged that Ron Kirk, the new United States Trade Representative, and Commerce Secretary nominee Gary Locke both have pledged to strongly enforce the U.S. trade laws and trade agreements.

The Carpenters Industrial Council, the Forest Landowners Association, the Intermountain Forest Association, along with the Northeastern Lumber Manufacturers Association and the Southeastern Lumber Manufacturers Association, are united with the Coalition for Fair Lumber Imports with their long-standing concerns that Canada and its timber-producing provinces are not living up to the U.S.-Canada Softwood Lumber Trade Agreement.

"The Coalition for Fair Lumber Imports is delighted that USTR Kirk will follow up on the promises made by President Barack Obama to fully enforce U.S. trade agreements," said Coalition Chairman Steve Swanson.

American forestry workers and manufacturers have become increasingly concerned that Canada and the governments of its lumber-producing provinces are not fully honoring the 2006 Softwood Lumber Agreement that was designed to level the playing field against subsidized and unfairly traded Canadian softwood lumber imports.

"This is having a disastrous effect on U.S. companies, workers, their communities and private family forest landowners," said Scott Jones, Executive Vice President of the Forest Landowners Association based in Atlanta, Georgia.

Together, the group wants to see the new Administration effectively address willful trade agreement violations, strengthen U.S. trade laws and reform Chapter 19 of NAFTA, the dispute settlement chapter - which has undermined the effective enforcement of American trade law. "U.S. trade agreements and laws must be enforced to ensure that rules-based trade creates fair, competitive conditions for America's sawmills, mill workers and forest owners," added Debbie Brady, president of the Southeastern Lumber Manufacturers Association.

"A fully honored and effectively enforced Softwood Lumber Agreement will save thousands of jobs across the United States," noted Mike Pieti, Executive Secretary of the Carpenters Industrial Council.

Most immediately, the group wants to see the Canadian government abide by a recent ruling by the London Court of International Arbitration that found that Ontario and Quebec were in violation of the U.S.-Canada Softwood Lumber Trade Agreement. The independent court said that damages - through increased export taxes from 5% to 15% - amounted to C$68 million. Attached is a joint statement from Carpenters Industrial Council, the Coalition for Fair Lumber Imports, the Forests Landowners Association, the Intermountain Forest Association, the Northeastern Lumber Manufacturers Association and the Southeastern Lumber Manufacturers Association.

GPS Industries Files Suit Against ProLink

Mar 18, http://asia.tmcnet.com/news/2009/03/18/4065820.htm

GPS Industries Files Suit Against ProLink and Demands the American Arbitration Association Issue an Immediate Cease and Desist to ProLink to Discontinue the Use of Their '093' Licensed Technology.

ProLink Holdings Corp. Refutes GPS Industries' Arbitration as Baseless

Mar 19, http://www.goprolink.com/news/news_item/252

Lawsuit's Claims Have No Merit; Company Continues to Offer Industry-Leading GPS Systems - ProLink Holdings Corp. (OTC Bulletin Board: OTCBB: PLKH) responded today to a GPS Industries (GPSI) press release , which announced that GPSI had filed a Notice of Arbitration against the Company. ProLink reiterated today that it maintains all licenses, including the Optimal '093 license, necessary to provide ProLink's industry-leading GPS golf course management systems. ProLink believes that GPS Industries' lawsuit is without merit and looks forward to vindication through the arbitration Process.

As previously stated in ProLink's 8-K filed on February 13, 2009, ProLink believes it is not in default on any of its license agreements. On February 10, 2009, ProLink received a written notice from GPSI and its wholly-owned subsidiary, Optimal Golf Solutions, Inc. (Optimal) purporting to terminate the '093 license agreement by and between ProLink and Optimal, claiming that ProLink failed to make certain payments under the agreement. However, as indicated in ProLink's 8-K, ProLink had paid all fees owed to Optimal under the agreement as of that date. In fact, since ProLink's January 2004 licensing of the patent, ProLink has paid over $1.5 million owed to Optimal under the agreement

As further indicated in ProLink's 8-K, on February 12, 2009, ProLink forwarded a communication to Optimal and GPSI indicating ProLink's good faith belief that the Agreement had not been effectively terminated in accordance with the terms and conditions of the agreement, that ProLink intended to continue to comply with the terms of the agreement, and that, notwithstanding GPSI's written notice, in the event either party to the agreement brings a claim for termination under the agreement, the agreement requires compliance with explicit dispute resolution procedures including good faith negotiations, mediation, and if then still unresolved, binding arbitration. Based on the above and ProLink's continued payment of the '093 licensing fees, ProLink believes the agreement has not been terminated and that there is no legal basis for termination of the agreement at this time. In addition, the U.S. Patent Office is currently reviewing the validity of the '093 Patent and the license remains valid and in force pending this review.

Repsol-YPF Pays Ecuador $88.9M

Mar 23, http://www.emii.com/Articles/2165119/Emerging-Markets/Emerging-Markets-Articles/Repsol-YPF-Pays-Ecuador-88.9M.aspx

Spanish oil company, Repsol-YPF has paid Ecuador $88.9 million as back dated windfall taxes, AFP reports. The amount is actually a fraction of the $444 million the tax authorities had demanded.

Repsol reaches a preliminary agreement with the Ecuadorean Government on the terms of its presence in the country

Mar 13, http://www.repsol.com/es_en/todo_sobre_repsol_ypf/sala_de_prensa/noticias/ultimas_noticias/repsol_alcanza_acuerdo_con_ecuador.aspx

Repsol has reached an agreement with the government of Ecuador that will allow the establishment of a stable contractual framework within a year. Through the agreement, the license to operate Block 16 has been extended by six years from 2012 to 2018, and a provisional one-year term has been established during which the Ecuadorean government will reduce taxes on extraordinary benefits from 99% to 70%. Over the next year, a long-term service contract will be negotiated to definitively regulate Repsol's activities in Ecuador.

This agreement, that represents for Repsol an investment commitment of an estimated 173.5 million dollars through 2018, is a positive development for the company since it means a step forward in the establishment by the Ecuadorean Government of a new regulatory scheme for Repsol's activities in that country until 2018. The extension of the concession implies an increase in the value of Repsol's assets and investments in the country.

As part of the agreement, Repsol will pay 244.6 million dollars in taxes as a member of the operating consortium. The payment won't negatively affect the company's accounts, as the amount was fully provisioned in 2008. The consortium operating Ecuador's block 16 is made up of Repsol, as operator with a 55% stake after the acquisition of Murphy Oil's share, OPIC of Taiwan (31%) and Sinochem of China (14%), producing a total of 48.000 barrels/day.

Repsol has always maintained an open dialogue with the Ecuadorean authorities, who have commended Repsol's responsible attitude towards extraction and its commitment to local communities and the environment in its operations in Block 16 in the Bogui and Capiron fields.

Litigation funders remain committed to UK possibilities

Mar 16, http://www.thelawyer.com/cgi-bin/item.cgi?id=137142&d=415&h=417&f=416

The hype surrounding ­litigation funding has been inflated in part by those ­providing the funding. With the litigation market now hotting up, is there really a place for litigation funders in the UK?

Professor Chris Drahozal testifies before U.S. senators on arbitration

Mar 17, http://www.news.ku.edu/2009/march/17/drahozal.shtml

University of Kansas law professor Chris Drahozal testified March 16 before the U.S. Senate Republican Conference regarding a study he helped conduct on consumer arbitrations.

Chris Drahozal, the John M. Rounds Distinguished Professor of Law, spoke during a hearing on tort reform at the Dirksen Senate Office Building in Washington, D.C. Drahozal served as chair of the Searle Civil Justice Institute Consumer Arbitration Task Force, which released a report last week detailing its study of consumer arbitrations administered by the American Arbitration Association.

Clico collapse puts Kalamadeen claim on hold

Mar 17, http://www.stabroeknews.com/2009/news/local/03/17/clico-collapse-puts-kalamadeen-claim-on-hold/

The financial meltdown of CLICO (Guyana) has caused a snag in a $200 million insurance policy claim by the family of slain businessman Farouk Kalamadeen, just over a month after the company challenged an attempted to collect on the policy.

Youell v La Reunion [2009] EWCA Civ 175

http://www.bailii.org/ew/cases/EWCA/Civ/2009/175.html

The Court of Appeal has in Youell v La Reunion [2009] EWCA Civ 175 confirmed that, in light of the important West Tankers decision of the European Court of Justice, the arbitration exclusion to the Brussels I Regulation will be narrowly applied by the English courts.

Petrobangla, Chevron Prepare for Legal Battle Over Payment Dispute

Mar 17, http://www.tmcnet.com/usubmit/-petrobangla-chevron-prepare-legal-battle-over-payment-dispute-/2009/03/16/4060446.htm

Petrobangla and the US-based international oil company Chevron are preparing for a legal battle in the World Bank's independent arbitration court over 4 percent charge taken from the IOC for the use of gas pipeline. The final hearing on the dispute will take place at the World Bank's International Centre for Settlement of Investment Disputes (ICSID) in London on May 1

Grenada Wins In Oil, Gas Lawsuit (RSM Productions)

Mar 17, http://www.caribbeanworldnews.com/middle_top_news_detail.php?mid=2240

The International Center for Settlement of Investment Disputes in Washington DC, has ruled in favor of Grenada, in its dispute with Jack Grynberg of RSM Productions.

Grynberg, of RSM Productions, had claimed in a lawsuit filed in New York that its efforts to get a license to explore for oil and natural gas off the coast of Grenada were blocked after they refused in 1996 to give a bribe to Grenada's former agriculture minister, Gregory Bowen.

In its ruling, handed down on March 13th 2009, the Tribunal dismissed all substantive claims made by RSM, including the company's claims of interests.

Pre-existing unused prospecting and mineral rights not at risk of being expropriated through the Mineral and Petroleum Resources Development Act (MPRDA)

Mar 16, http://www.info.gov.za/speeches/2009/09031710151001.htm

The Department of Minerals and Energy (DME) today Monday, 16 March announced that it has noted the judgment handed down in the Pretoria High Court on Friday 6 March 2009 in the case of Agri South Africa and another. The Minister of minerals and energy, in which the plaintiffs contend that certain mineral rights which were not being used for prospecting or mining were expropriated when the Mineral and Petroleum Resources Development Act, no. 28 of 2002 (the MPRDA) came into effect.

Miller Petroleum Inc reports on Settlement of Wind City Litigation

Mar 16, http://www.marketwatch.com/news/story/10-q-miller-petroleum-inc/story.aspx?guid=%7BAB2F94B6-5D72-4C32-9FBD-0DC8295B5134%7D&dist=msr_2

Settlement of Wind City Litigation: Effective as of June 13, 2008, we also settled all issues and controversies with Wind City Oil & Gas, LLC ("Wind City"), Wind Mill Oil & Gas, LLC ("Wind Mill") and Wind City Oil & Gas Management, LLC ("WCOG") pending in the previously disclosed Tennessee litigation, Tennessee arbitration, and litigation in the Southern District of New York. Pursuant to the settlement, we paid Wind City and/or WCOG $10,600,000 for the re-purchase of the 2,900,000 shares of our common stock and reacquisition of all leases previously assigned by us to Wind City, Wind Mill or WCOG, all wells and equipment associated with these leases, all pipeline rights and rights of way, all contract rights, and all other equipment, property and real property rights. As set forth above, we used a portion of the proceeds from the Atlas Energy transaction to pay the settlement amounts.

CNX Litigation: On June 11, 2008, CNX Gas Company LLC ("CNX") commenced litigation in the Chancery Court for Campbell County, State of Tennessee (CNX Gas Company LLC v. Miller Petroleum, Inc., Civil Action No. 08-071) to enjoin the Registrant from assigning or conveying certain leases described in the Letter of Intent signed by CNX and the Registrant on May 30, 2008 (the "Letter of Intent"); to compel the Registrant to specifically perform the assignments as described in the Letter of Intent; and for damages. A Notice of Lien Lis Pendens was issued June 11, 2008. The court refused to grant a restraining order pending a hearing of the matter on the merits; however, the order entered into by the court with respect thereto prohibits Atlas from conveying the leases for 60 days from the date of the order. Effective June 13, 2008, all of such leases were assigned by the Registrant to Atlas America, LLC (as disclosed in Item 1.01 of this Report). Should CNX prevail in the proceedings described above, Atlas may be obligated to assign the leases to CNX in consideration of payment to the Registrant by CNX of up to approximately $13.3 million, in which event the Registrant would be obligated to repay Atlas the sum of $19,625,000.

GTC Moves To End Contract With Euro Partner

Mar 16, http://www.wbjournal.com/news42988.html

Alleging breach of contract, Framingham-based GTC Biotherapeutics Inc. has terminated its commercialization and development agreement with LEO Pharma of Denmark. GTC also said it was also seeking damages under International Chamber of Commerce arbitration rules. GTC and LEO entered into an agreement in 2005 by which LEO would commercialize and develop GTC's ATryn anti-clotting protein in Europe, Canada and the Middle East.

Report from UNCITRAL Working Group II

Please find the following link to a report on the fiftieth session of the UNCITRAL Arbitration Working Group (New York, February 2009).

http://www.acica.org.au/downloads/APRAG Report - UNCITRAL Working Group _II_ - 50th Session-NY [060309].pdf

EVENTS

Indo-Singapore arbitration meet

Mar 20, http://www.hindu.com/2009/03/20/stories/2009032055481100.htm

The first International Indo-Singapore Arbitration Conference, "Strengthening Arbitration in India," will be held at Taj Connemara here on Saturday, says a press note issued by N.L. Rajah of the Nani Palkhivala Arbitration Centre.

The conference, bringing together experts from India, Singapore and the United Kingdom, will discuss ways and means of using the arbitration law effectively, and share knowledge on related issues.

...

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].

Recent Developments in International Arbitration in Canada and London: a comparative review April 2 2009

http://www.biicl.org/events/view/-/id/379/

British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London, WC1B 5JP

This seminar will review recent arbitration decisions of the courts in Canada and England & Wales and consider whether they have adopted a supportive role to the arbitral process. There have been some interesting developments in both jurisdictions and the impact of these will be discussed. The main aim is to stimulate debate on whether the courts in both jurisdictions have been successful in striking the balance between assisting the arbitration procedure without overly intervening.

SCC Arbitration Association for Young Lawyers (SYJ) - April 5

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

On Sunday 5 April 2009 during the Willem C. Vis Moot competition in Vienna the SYJ will together with ICDR Y&I host a coffee house debate, titled "Frozen Dessert: A Coffee House Debate on Ex Parte Interim Measures in International Arbitration".

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.

MOVES / JOBS

Freshfields Bruckhaus Deringer appoints new partners

http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=1759

International law firm Freshfields Bruckhaus Deringer has today announced the election of 14 new partners. The appointments take effect from 1 May 2009.

Joint senior partner Guy Morton comments: 'I am delighted to welcome this new generation of partners. Their appointments demonstrate our confidence in the exceptional level of global talent within Freshfields and will further strengthen the firm's international capabilities.'

The new partner appointments include: Dispute Resolution - Reza Mohtashami, Paris/Dubai

SIAC Appoints New Board of Directors

Mar 23, http://www.adr.org/sp.asp?id=35767

The Singapore International Arbitration Centre (SIAC) recently announced the appointment of nine leading arbitrators and arbitration counsel to its board of directors.

The new board, composed of ADR practitioners from the United States, United Kingdom, Switzerland, Australia, India, Korea and Singapore, will serve a two-year term. The new board brings "a wealth of international arbitration experience. . .and represents diverse perspectives," according to an announcement by SIAC.

MWE China Law Offices Announces 2009 Partner Promotions

Mar 16, http://www.mwechinalaw.com/news/2009/new_partners.html

MWE China Law Offices, McDermott Will & Emery's strategic alliance partner Firm, is pleased to announce that Henry L.T. Chen, Helen H. X. Zhang, and Dr. Joseph Z.Y. Zhou have joined MWE China as partners. Additionally, six MWE China lawyers have been promoted to partner, including Jacqueline Z. Cai, David J.D. Dai, Ken J. Huang, Leon C.G. Liu, Jack J. Ma and Molly J.J. Qin.

Retired Bell Boyd & Lloyd Partner Stanley P. Sklar to Direct Arbitration Studies at the Center for Dispute Resolution

http://www.law.depaul.edu/press_room/stanley_sklar.asp

Stanley P. Sklar, who earned a reputation in the legal community as one of the pre-eminent construction law practitioners, has been named executive director of arbitration studies at the DePaul University College of Law's Center for Dispute Resolution (CDR). A recently retired partner of the law firm Bell Boyd & Lloyd LLP, Sklar introduced alternative dispute resolution methods to the practices of construction and real estate law. He will draw on his unique skills to create an educational forum within CDR that addresses current issues in the commercial arbitration field.

...

David Kavanagh to Join Skadden, Arps

http://www.skadden.com/index.cfm?contentID=42&itemID=1159

Skadden, Arps is pleased to announce that David Kavanagh is joining the firm's international litigation and arbitration practice as a partner in the London office.

Diac appoints new deputy director

http://www.business24-7.ae/articles/2009/3/pages/03232009_ec3db25bc30145628c82c99d5fe79def.aspx

Dubai International Arbitration Centre (Diac) appointed Jihad Abdul Razzaq Kadhim as Deputy Director. She is the first UAE national to occupy a high-level position in a Gulf arbitration centre.

Franz X. Stirnimann Fuentes joins Lalive

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

Franz Stirnimann is admitted in New York and in England and Wales. He holds a PhD from the University of Zurich, an LL.M. from Georgetown University in the USA, and a law degree from the University of Fribourg in Switzerland and the University of Durham in the UK. Prior to joining LALIVE, Mr Stirnimann was an associate in the international arbitration group of Winston & Strawn, based in Washington, DC and later in Geneva, and a foreign associate with Gómez-Acebo & Pombo in Madrid. Mr Stirnimann is fluent in German, Spanish, English and French. He joins our international dispute resolution group and will strengthen our Latin American team.

BOOKS

The Temporal Scope of Investment Protection Treaties

Nick Gallus
British Institute of International and Comparative Law, 2009
ISBN-10: 978-1-905221-33-2

Many decisions under investment protection treaties have depended on the time that key events occurred. This book draws from these decisions, together with decisions under other treaties, to examine:

• when a state can breach an investment protection treaty through actions, including continuing and composite actions, which began before the treaty came into force;
• when a state can breach international law through its actions after it has signed an investment protection treaty but before the treaty comes into force;
• when a claim under an investment protection treaty will be time barred because the claimant waited too long before bringing the claim; and
• when a tribunal has no jurisdiction because the dispute arose before the investment protection treaty came into force.

Through its examination of these issues, the book identifies principles which define the temporal scope of investment protection treaties.

Available to purchase through the website of the British Institute of International and Comparative Law (http://www.biicl.org/publications/view/-/id/129/)

ICSID Pending

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 Tribunal holds a hearing on provisional measures with the parties in Paris on March 19, 2009)

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

Date of Constitution of Ad hoc Committee: Constituted: March 19, 2009

Composition of Ad hoc Committee: President: Gavan GRIFFITH (Australian) Members: Mohamed SHAHABUDDEEN (Guyanese) Christer SÖDERLUND (Swedish)

Status of Proceeding: Pending (ad hoc Committee recently constituted)

GEA Group Aktiengesellschaft v. Ukraine (ICSID Case No. ARB/08/16)

Constituted: March 20, 2009

Composition of Tribunal President: Albert Jan VAN DEN BERG (Dutch) Arbitrators: Toby LANDAU (British) Brigitte STERN (French)

Status of Proceeding: Pending (Tribunal recently constituted)

Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru (ICSID Case No. ARB/03/28)

Date of Constitution of Ad hoc Committee - Constituted: March 04, 2009

Composition of Ad hoc Committee: President: Campbell McLACHLAN (New Zealand) Members: Dominique HASCHER (French) Peter TOMKA (Slovak)

Status of Proceeding: Pending (ad hoc Committee recently constituted)

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

Status of Proceeding: Pending (the Respondent files a reply on production of documents on February 13, 2009)

Quadrant Pacific Growth Fund L.P. and Canasco Holdings Inc. v. Republic of Costa Rica (ICSID Case No. ARB(AF)/08/1)

Status of Proceeding: Pending (the Claimants file a memorial on the merits on March 16, 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 Respondent files observations on the Claimants' written submission concerning the stay of enforcement of the award on January 30, 2009)

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

Status of Proceeding: Pending (the Respondent files observations on the Claimant's further request for production of documents on March 9, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the procedural calendar on March 10, 2009)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on the merits in Washington, D.C. on March 9-13, 2009)

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