issue #08, week 14. 02 April 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

SA mineral-law claimants stick to their 'expropriation' guns

Apr 01, http://www.miningweekly.com/article/sa-mineral-law-claimants-stick-to-their-expropriation-claims-2009-04-01

The South African mineral-law claimants, who took their grievances to a world body, said on Wednesday that they remained "fully confident" in the strength of their "expropriation claims" against the South African government.

Responding to Tuesday's South African government media release on a two-month stay, the claimants in the Foresti versus the Republic of South Africa case, at the World Bank's International Centre for Settlement of Investment Disputes (ICSID), said that last month's decision in the Pretoria High Court that South Africa's Mineral and Petroleum Resources Development Act (MPRDA) conversion clauses could amount to expropriation, had strengthened their belief.

The dispute of Foresti against the South African government arose out of the implementation the MPRDA on the investments in South African companies Finstone and Red Granite, which are engaged in the local granite/dimension stone industry.

World body gives miners 2 months to see if SA mineral laws equal expropriation

Mar 31, http://www.miningweekly.com/article/granite-miners-given-two-months-to-assess-validity-of-expropriation-claims-2009-03-31

The South African government has agreed to a two-month stay of an international arbitration in which Italian granite-miners claim that their mineral rights are being expropriated by South Africa's minerals legislation.

The South African government said on Tuesday that the claimants had alleged that South Africa's Mineral and Petroleum Resources Development Act (MPRDA), No 28 of 2002, and South Africa's broad-based black economic-empowerment/mining charter, had expropriated the indirect interests that the granite-miners held in the South African granite-quarrying sector and had otherwise violated the bilateral investment treaties that had been signed between South Africa and Italy and Belgium/Luxembourg.

Singapore Aims To Be Top Arbitration Centre

Apr 02, http://www.bernama.com/bernama/v5/newsindex.php?id=401209

Singapore is steadfast in turning the city-state into one of the leading arbitration centres in Asia and in the world, the government says. Law Minister K Shanmugam said the government had been working hard to put in place the necessary requirements to make Singapore "an arbitration venue of choice".

Gen-Probe, Roche Prevail in Arbitration With Digene Concerning Human Papillomavirus Agreement

Apr 01, http://www.gen-probe.com/news/PressReleaseText.asp?compid=135117&releaseID=1272322

Gen-Probe announced today that the Company, along with its co-respondents F. Hoffmann-La Roche Ltd. and Roche Molecular Systems, Inc., has prevailed in its arbitration with Digene (now Qiagen) concerning the Company's supply and purchase agreement with Roche for human papillomavirus (HPV) products.

Earlier today, a three-member arbitration panel from the International Centre for Dispute Resolution issued an interim award that dismisses with prejudice all of Qiagen's claims. Gen-Probe expects the award to remain substantially unchanged, although it is subject to further proceedings related to its implementation. For example, requests by Roche and Gen-Probe for reimbursement of legal expenses will be submitted and decided in coming weeks.

"We are pleased that the arbitration panel confirmed the validity of our agreement with Roche," said Bill Bowen, Gen-Probe's senior vice president and general counsel. "We continue to expect our APTIMA HPV assay, which is available in Europe and is in clinical trials in the United States, to make an important contribution to women's health, and to be a key menu addition for our fully automated, high-throughput TIGRIS system."

Roche and Gen-Probe established their supply and purchase agreement in February of 2005. Digene initiated the arbitration against Roche in December 2006. Gen-Probe joined the proceedings in July of 2007. The arbitration hearings commenced in October of 2008, and closing arguments were heard in January of 2009.

BioAlliance Pharma announces that it has initiated arbitration proceedings in the International Chamber of Commerce against SpePharm and SpeBio [pdf]

Apr 01, http://www.bioalliancepharma.com/eng/content/download/3285/35188/version/1/file/090401EN_SpePharm.pdf

BioAlliance Pharma SA, the specialty pharmaceutical company focused on the treatment of opportunistic infections in cancer and AIDS, announces that it has filed a request for arbitration against SpePharm and SpeBio with the Arbitration Court of the International Chamber of Commerce in order to obtain reparation for the damage caused to it by non-compliance with contractual obligations and delays in the marketing and sales of Loramyc® in Europe. BioAlliance estimates that the damages owed to it are at least 45M.

BioAlliance received today from SpePharm and SpeBio a letter containing an ultimatum and threatening to commence a press campaign denigrating Loramyc®, its potential and its reputation. Accordingly BioAlliance decided to make public the fact that it has initiated proceedings with the International Chamber of Commerce.

This action follows the complaint it filed with the Commercial Court of Paris and the termination of the license agreement with SpeBio dated February 27, 2009. Prior to doing so, BioAlliance sought an amicable resolution with SpePharm and SpeBio of this conflict which is related to their breach contractual obligations.

In the meantime, SpePharm and SpeBio have withdrawn the summary proceedings they filed in the Netherlands.

Dominique Costantini, President and CEO of BioAlliance, emphasizes: "SpePharm and SpeBio have refused to ensure, as provided by contract, the distribution of Loramyc® for a period of six months subsequent to termination. We have therefore immediately put in place all the necessary structures in order to ensure the continuity of patient treatment in the countries where the product has been marketed by SpeBio. We wish to defend the interests of BioAlliance and for Loramyc® we are now actively looking for an industrial partner in Europe present in supportive care/oncology".

Transeuro Energy Corp. update on arbitration in Amsterdam

Apr 02, http://www.marketwire.com/press-release/Transeuro-Energy-Corp-TSX-VENTURE-TSU-969538.html

Transeuro has been short of operating cash following the notice of purported withdrawal of RAG from the Scythian Joint Venture Company, when RAG defaulted on payment of US$3 Million as the final part of the purchase price and did not pay their share of costs for Scythian Energy and Ukrainian subsidiaries. The parties are now moving forward with arbitration in Amsterdam under the ICC Rules in an attempt to resolve the dispute. The resulting cash shortage has restricted Transeuro's ability to maintain normal business functions. Over the last few months the Company has sold moveable assets where possible, closed offices where appropriate and reduced headcount to retain only core personnel. The Company has a number of long term trade creditors who have commenced litigation against the Company, and discussions are proceeding with such creditors to allow the Company more time to complete a restructuring and to obtain additional funding.

Peru claim before ICJ does not affect Bolivian maritime aspiration

Mar 24, http://www.andina.com.pe/ingles/Noticia.aspx?Id=oYCwVtb7pSA=

Peru's ambassador in La Paz, Fernando Rojas, ruled out today that the Peruvian lawsuit filed at the International Court of Justice (ICJ) in The Hague, on the maritime dispute with Chile, affects Bolivian aspiration to get a sovereign exit to the sea.

He explained that lawsuit is a Peruvian procedure based on the international right to seek a solution to the maritime dispute with Chile, through the most important and world recognized tribunal.

Dispute regarding Navigational and Related Rights (Costa Rica v. Nicaragua) - Conclusion of the public hearings - Court begins its deliberation [pdf]

Mar 12, http://www.icj-cij.org/docket/files/133/15096.pdf

Conclusion of the public hearings - Court begins its deliberation

THE HAGUE, 12 March 2009. The public hearings in the case concerning the Dispute regarding Navigational and Related Rights (Costa Rica v. Nicaragua) were concluded today. The Court has started its deliberation.

During the hearings, which opened on 2 March 2009 at the Peace Palace, seat of the Court, the delegation of Costa Rica was led by H.E. Mr. Edgar Ugalde-Alvarez, Ambassador, Vice-Minister for Foreign Affairs of Costa Rica, as Agent. The delegation of Nicaragua was led by H.E. Mr. Carlos José Argüello Gómez, Ambassador of Nicaragua to the Kingdom of the Netherlands, as Agent and Counsel.

The Court's Judgment will be rendered at a public sitting, the date of which will be announced in due course.

Final submissions of the Parties

At the end of the oral proceedings, the Agents of the Parties presented the following final submissions to the Court:

For Costa Rica:

"May it please the Court to adjudge and declare that the Republic of Nicaragua has:

(a) the obligation to allow all Costa Rican vessels and their passengers to navigate freely on the San Juan for purposes of commerce, including communication and the transportation of passengers and tourism;

(b) the obligation not to impose any charges or fees on Costa Rican vessels and their passengers for navigating on the river;

(c) the obligation not to require persons exercising the right of free navigation on the river to carry passports or obtain Nicaraguan visas;

(d) the obligation not to require Costa Rican vessels and their passengers to stop at any Nicaraguan post along the river;

(e) the obligation not to impose other impediments on the exercise of the right of free navigation, including timetables for navigation and conditions relating to flags;

(f) the obligation to allow Costa Rican vessels and their passengers while engaged in such navigation to land on any part of the bank where navigation is common without paying any charges, unless expressly agreed by both Governments;

(g) the obligation to allow Costa Rican official vessels the right to navigate the San Juan, including for the purposes of resupply and exchange of personnel of the border posts along the right bank of the river with their official equipment, including service arms and ammunition, and for the purposes of protection as established in the relevant instruments, and in particular the Second Article of the Cleveland Award;

(h) the obligation to facilitate and expedite traffic on the San Juan, within the terms of the Treaty of 15 April 1858 and its interpretation by the Cleveland Award of 1888, in accordance with Article 1 of the bilateral Agreement of 9 January 1956;

(i) the obligation to permit riparians of the Costa Rican bank to fish in the river for subsistence purposes.

Further, the Court is requested to adjudge and declare that by reason of the above violations, Nicaragua is obliged:

(a) immediately to cease all the breaches of obligations which have a continuing character;

(b) to make reparation to Costa Rica for all injuries caused to Costa Rica by the breaches of Nicaragua's obligations referred to above, in the form of the restoration of the situation prior to the Nicaraguan breaches and compensation in an amount to be determined in a separate phase of these proceedings; and

(c) to give appropriate assurances and guarantees that it shall not repeat its unlawful conduct, in such form as the Court may order.

The Court is requested to reject Nicaragua's request for a declaration."

For Nicaragua:

"May it please the Court to adjudge and declare that:

The request of Costa Rica in her Memorial, Reply and oral pleadings are rejected in general, and in particular, on the following bases:

(a) either because there is no breach of the provisions of the Treaty of Limits of 15 April 1858 or any other international obligation of Nicaragua;

(b) or, as appropriate, because the obligation breach of which is alleged, is not an obligation under the provisions of the Treaty of Limits of 15 April 1858 or under general international law.

Moreover the Court is also requested to make a formal declaration on the issues raised by Nicaragua in Section II of the Chapter VII of her Counter-Memorial, in Section I, Chapter VI of her Rejoinder and as reiterated in these oral pleadings."

BTL threatens GOB with more arbitration

Mar 31, http://www.amandala.com.bz/index.php?id=8400

Ten days ago Belize Telemedia Limited (BTL) announced that it had won an award of $38,527,083.27 million (plus hearing expenses) from the London Court of International Arbitration (LCIA), after it sued the Government of Belize over the accommodation agreement signed in secret by former Prime Minister Said Musa.

Following that announcement, Prime Minister Dean Barrow went on record with our newspaper to say that he will resist that ruling, and that BTL would have to come to Belize's courts to enforce that award.

Today, BTL issued a 2-page press release, the emphasis of which was to sell the claim that all that money, once paid by the Government, would go to "charities" in Belize.

Chevron - Petrobangla Arbitration over Wheeling Charge

Mar 31, http://www.energybangla.com/index.php?mod=article&cat=SomethingtoSay&article=1705

Petrobangla and Chevron are set to contest the issue of applicability of wheeling charge for the gas that is delivered from Chevron operated Bangladesh's Jalalabad Gas field to national Gas Grid at Golapgonj beside Kaillastilla Gas field location 3 in Sylhet.If the arbitration court of World Bank gives decision against Petrobangla it has to pay about US$ 40 million to Chevron which were deducted from its gas bill since commencement of Gas supply from Jalalabad Gas field.

Archangel Diamond Corp resuming litigation with Lukoil subsidiary over Verkhotina diamondfield

Mar 31, http://www.interfax.com/3/483635/news.aspx

Archangel Diamond Corp (ADC), the core owner of which is De Beers, is resuming litigation over the rights to the Verkhotina diamond field and seeking damages following the termination of a deal to acquire 49.9% of Lukoil (RTS: LKOH) subsidiary Arkhangelskgeoldobycha (AGD), ADC representative Jocelyn Fraser told Interfax.

Ecuador: World Bank Court May Rule In Oxy Case In 4Q 09

Mar 31, http://www.smartmoney.com/news/on/?story=ON-20090331-000517-1053

The World's Bank's arbitration court may rule on a case brought by U.S. oil company Occidental Petroleum Corp. (OXY) against Ecuador in the last quarter of this year, Diego Garcia, Ecuador's attorney general told Dow Jones Newswires Tuesday.

International Arbitration Decision Issued Regarding Divestiture of Batu Hijau in Indonesia, Contract of Work Remains in Effect

Apr 01, http://phx.corporate-ir.net/phoenix.zhtml?c=66018&p=irol-newsArticle&ID=1271911

Newmont Mining Corporation announced that the international arbitration panel delivered its decision pertaining to the dispute in regard to the divestiture of PT Newmont Nusa Tenggara's ("PTNNT's") shares. The Company, as a foreign shareholder in PTNNT, together with Nusa Tenggara Mining Corporation, an affiliate of Sumitomo Corporation of Japan, is required under the Contract of Work with the Government of the Republic of Indonesia (the "Government") to sell down a portion of its interest in PTNNT. Last year, a dispute arose in relation to how the divestiture process should proceed and the Government and PTNNT submitted the matter to international arbitration in accordance with the provisions of the Contract of Work.

In its decision, the arbitration panel ruled that the Government was not entitled to terminate the Contract of Work. The panel further ruled that PTNNT's foreign shareholders had not followed the divestiture process required in 2006 and 2007. The panel granted the shareholders 180 days from the date of the decision to work with the Government to transfer the shares in PTNNT to the Government or its designee, as specified in the Contract of Work for 2006 and 2007. The panel also confirmed that the Government has a right of first refusal with respect to the 2008 shares.

"We are currently reviewing the decision and look forward to outlining a path forward with the Government to implement the arbitration panel's decision," said Richard O'Brien, President and Chief Executive Officer. "We are committed to following the divestiture process as required under the Contract of Work and clarified in the decision."

Venezuela Court: Return Cemento Andino Assets To Argos

Mar 30, http://online.wsj.com/article/BT-CO-20090330-712851.html

Colombia's largest cement company, Cementos Argos SA, can now negotiate with the Venezuelan government for compensation after the expropriation of Venezuelan cement plant Cemento Andino, Argos said Monday.

Jet Airways and SICCL arbitration moves to Mumbai High Court

Mar 31, http://www.eturbonews.com/8531/jet-airways-and-siccl-arbitration-moves-mumbai-high-court

Jet Airways has been informed that SICCL (Sahara India Commercial Corporation Limited) has moved an application in the Mumbai High Court for executing the award of the arbitrators in the arbitration relating to the takeover of Sahara Airlines.

ICC Georgia to open Arbitration Courts in Tbilisi

Mar 30, http://www.gbw.ge/news.aspx?sid=9d0d2c35-280f-492b-8f16-2aec27412890

One of the main goals for 2009 is to finalize, along with ICC headquarters (International Chamber of Commerce), the establishment of ICC Arbitration Courts in Tbilisi, according to Fady Asly, ICC Georgia's Chairman. ICC's International Court of Arbitration is seen as the most trusted system of commercial arbitration worldwide, having received more than 14,500 cases since its foundation in 1923.

"With the support of its members, ICC Georgia will continue to work effectively and facilitate business relationships between members and other ICC National Committees abroad," Asly said at an annual general assembly March 20 held at Tbilisi's Sheraton Metekhi Palace Hotel. "ICC is successful thanks to its good relations with all the stake holders in Georgia with no exception."

Latin America Disputes Q&A with Timothy G. Nelson, Hernando Diaz-Candia

Mar 30, http://www.latinbusinesschronicle.com/app/article.aspx?id=3270

Latin Business Chronicle asks leading experts about Latin America's growing legal disputes and the outlook this year.

Naftohaz Denies Media Reports That RosUkrEnergo Filed Lawsuit With Stockholm Arbitration Institute

Mar 30, http://finchannel.com/index.php?option=com_content&task=view&id=33180&Itemid=16

The Naftohaz Ukrainy national joint-stock company has denied reports in the mass media indicating that the RosUkrEnergo company has filed a lawsuit with Arbitration Institute of the Stockholm Chamber of Commerce in a bid to recover 11 billion cubic meters of natural gas held in Ukrainian underground storage facilities from Naftohaz Ukrainy.

Naftohaz Ukrainy's First Deputy Board Chairman Ihor Didenko announced this on the TVi television channel.

"A lawsuit by RosUkrEnergo against Naftohaz Ukrainy over the movement of 11 billion cubic meters of natural gas does not exist at the Stockholm court," Didenko said.

U.S. Coalition for Fair Lumber Imports Deeply Disappointed By Canada's Failure to Implement Arbitral Decision Regarding U.S.-Canada Softwood Lumber Agreement -- Urges United States to Impose Compensatory Trade Measures. [pdf]

Mar 30, http://www.fairlumbercoalition.org/doc/press_release_03-30-09.pdf

The U.S. Coalition for Fair Lumber Imports has urged the U.S. Government to immediately exercise its rights under the U.S.-Canada Softwood Lumber Agreement (SLA) to impose duties on imports of lumber from Ontario, Quebec, and other provinces. This follows in the wake of the Canadian government's refusal to remedy its violation of the lumber trade agreement by implementing a February 26 ruling by the London Court of International Arbitration (LCIA).

"We are deeply disappointed that the Canadian government will not abide by the LCIA directive to impose an additional 10% export tax on shipments from Ontario and Quebec until the prescribed remedy amount is collected," said Steve Swanson, chairman of the Coalition for Fair Lumber Imports.

The LCIA released their non-appealable decision in late February in order to offset and remedy export measure breaches by Ontario, Quebec, and other provinces in the first nine months after the Softwood Lumber Agreement was implemented in October 2006. Canada missed the March 28 implementation deadline.

Canada's refusal to implement the award gives the U.S. Government the right to impose a 10% import duty on lumber from Eastern Canada.

"Canada's continuing bad faith approach to this trade agreement is bewildering and disappointing," said Swanson.

"And there are other significant SLA compliance problems as Canada is violating the trade agreement both by breaching SLA export measure commitments and by circumventing those commitments through additional subsidies, including recent SLA-inconsistent stumpage price manipulations in British Columbia," Swanson explained.

The Coalition remains seriously concerned that the British Columbia government is expanding the use of low-priced stumpage fees ­ generally designed for pulp grades ­ for timber that continues to be milled into lumber.

"All that the U.S. industry and workers have ever asked for is that Canada live up to its commitments under the Softwood Lumber Agreement," said Swanson.

"U.S. companies and workers suffered serious harm because of the Canadian breach which was found to be a violation of the trade agreement by the LCIA. Since Canada continues to violate its trade agreement obligations, we have every reason to believe that United States will exercise its rights under the agreement to impose remedial trade sanctions," concluded Swanson.

Canada to pay U.S. for breaching lumber deal

Mar 31, http://ca.reuters.com/article/domesticNews/idCATRE5300BM20090401

Canada will reluctantly pay the United States nearly C$50 million for breaching a trade agreement covering softwood lumber exports, an official said on Tuesday.

Coalcorp provides update on Glencore Arbitration

Mar 30, http://micro.newswire.ca/release.cgi?rkey=1703305688&view=97762-0&Start=0

Coalcorp Mining Inc. announced an update on various previously announced matters and other corporate developments.

On January 26, 2009 Coalcorp announced the commencement of arbitration proceedings by Coalcorp against Glencore International AG ("Glencore"), with the London Court of International Arbitration (the "Arbitration") seeking a declaration that a coal sales agreement entered into between Glencore and Coalcorp's sales agent GC Coal in February, 2007 (the "February, 2007 Agreement") was not valid or binding on Coalcorp. Coalcorp has since received notice from Glencore dated as of March 19, 2009 (the "Notice"), that it is terminating the February, 2007 Agreement effective as of the date of the Notice and pursuing a counterclaim seeking unspecified damages against Coalcorp under the Arbitration. In addition, the Notice also provides that Glencore is terminating, effective March 19, 2009, its coal sales agreement with Carbones del Cesar S.A., a wholly-owned subsidiary of Coalcorp, entered into on August 18, 2008. It is the Company's position that the terminations by Glencore are unlawful and the Company reserves any and all of its rights and remedies under the contracts. Based on Coalcorp's projected 2009 production, the expected realized price under these contracts was USD$50.25 per tonne. As Coalcorp is now discharged from its obligations under the terminated contracts with Glencore, Coalcorp is currently in discussions with other customers for coal sales on a spot basis.

Petroleum Geo-Services ASA receives arbitration notice from Factorias Vulcano

Mar 30, http://www.pgs.com/Pressrom/Press_Releases/Update-on-new-builds-in-Spain-III/

Reference is made to earlier announcements regarding the vessels under construction at the Factorias Vulcano shipyard in Spain. Petroleum Geo-Services ASA ('PGS' or the 'Company') announced, on March 23, 2009, that its subsidiary Arrow Seismic Invest II Ltd. ('Arrow') had terminated the shipbuilding contract for New Build number 532.

Arrow has today received a formal notice of "commencement of arbitration" from the yard, disputing Arrow's right to terminate the shipbuilding contract for New Build number 532. The shipbuilding contract is governed by Norwegian law. The parties will, according to the contract, meet for arbitration in Norway.

Arrow strongly believes that its termination is rightful, and will pursue its claim for refund of the installed amounts. The yard previously announced that the hull for vessel 532 would be delivered to a different company at a later stage, and hence would not be able to deliver according to the contract cancellation date of March 31 2009.

Following the notice of "commencement of arbitration", Arrow cannot expect to receive payments under the refund guarantees until the arbitration is resolved. As previously communicated, the cancellation of vessel 532 is expected to result in an impairment charge of up to USD 50 million, recorded in the first quarter results.

Stolt Tankers B.V. Enters into Arbitration on Cancellation of Newbuilding Contract

Mar 27, http://www.stolt-nielsen.com/Media-Centre/Feed-News.aspx?link=http://cws.huginonline.com/S/154/PR/200903/1301247.xml

Stolt Tankers B.V., a subsidiary of Stolt-Nielsen S.A. (OsloBørs: SNI), today announced that SLS Shipbuilding Co. Ltd. of South Korea has taken Stolt Tankers B.V. to arbitration to challenge the cancellation of a contract for the construction of a 44,000 dwt coated parcel tanker, the first in a series of four ships, announced on March 18, 2009. The ship was originally scheduled for delivery in May 2008. The ruling by the arbitration panel will follow English law.

AAA President Defends Consumer Arbitration

http://www.adr.org/sp.asp?id=35800

William K. Slate II, president and CEO of the American Arbitration Association, said at a recent Neutrals' Conference that pre-dispute arbitration in consumer, employment and franchise disputes should be utilized in conjunction with protections under the Consumer Due Process Protocol to ensure a fair and effective process, instead of prohibiting it altogether as proposed in legislation pending in the U.S. Congress.

Newfoundland and Labrador gov't to take over AbitibiBowater's hydro assets as of Saturday

Mar 28, http://www.google.com/hostednews/canadianpress/article/ALeqM5jj1B0sdcPUVXwg-yjin7VIQOD1Sw

The Newfoundland and Labrador government will assume operation of AbitibiBowater's hydroelectric assets at its closed paper mill in central Newfoundland as of midnight Saturday.

The move comes after the government approved legislation in December to expropriate the assets and water and timber rights, despite the company's objections and threat of a challenge under the North American Free Trade Agreement.

Abitibi walks away from talks

Mar 25, http://atlanticfarmfocus.ca/index.cfm?sid=235602&sc=590

The (Newfoundland & Labrador) government and AbitibiBowater can't agree on how much the province should pay for the company's hydroelectric assets. AbitibiBowater spokesman Jean-Philippe Cote confirmed Monday (March 23) the two sides are at an impasse. He said the company remains committed to "reasonable and realistic dialogue," but also cautioned that it will continue to challenge the expropriation under the North American Free Trade Agreement (NAFTA).

Parts of port suit sent to arbitration - Judge orders move in $72 million action against ethanol plant

Mar 28, http://timesunion.com/AspStories/story.asp?storyID=784537&category=BUSINESS

A federal judge has ordered that a portion of a $72 million lawsuit brought against an ethanol plant at the Port of Albany be resolved in arbitration. The suit was filed in U.S. District Court in Albany last summer by Empire State Ethanol & Energy LLC of Cooperstown, which claims its idea to develop the plant was stolen by various other companies. The defendants are BBI International, a biofuels company based in Colorado, Bio-Pro Resources LLC in North Carolina, Albany Renewable Energy LLC and executives from the three companies.

ExxonMobil launches legal claim against StatoilHydro

Mar 27, http://www.offshore247.com/news/art.aspx?id=13305

StatoilHydro has confirmed to Offshore247 that ExxonMobil has issued to writ against the Norwegian major for compensation of up to NOK 1bn ($296.5m) - adding to an existing legal rangle with the Norwegian State over cost overruns for new facilities at the Karsto terminal. "Yes, that is right. It's (the hearing) scheduled for a court case in Stavanger in October this year," StatoilHydro spokesman Ola Morten Aanestad told Offshore247.

RosUkrEnergo sees resolution by year-end

Mar 30, http://www.neurope.eu/articles/93752.php

Swiss-based gas trader RosUkrEnergo, which has already launched an action against Ukrainian national stock company Naftogaz in the Stockholm Arbitration Court, sees a resolution by the end of 2009, the CEO of Group DF, Robert Shetler-Jones, a member of the coordination committee at RosUkrEnergo, told New Europe on March 26. RosUkrEnergo turned to the Stockholm court to settle several issues, including a dispute over 11 billion cubic metres of gas belonging to RosUkrEnergo that was seized by Naftogaz.

Zimbabwe: Dutch farmers still hope for justice

Mar 27, http://www.thezimbabwean.co.uk/index.php?option=com_content&task=view&id=20008&Itemid=103

The Dutch Farmers Association has been involved in a long and tortuous process to secure justice for its nationals whose property in Zimbabwe was invaded and stolen by agents of the Mugabe regime as part of the violent and fraudulent misnamed "land reform programme".

"As Dutch investors we have maintained confidence in the internationally legally binding agreement between the Government of Zimbabwe and the Government of the Netherlands, which guarantees bilateral protection and due compensation in the case of compulsory acquisition of nationals of either country investing in the other," the statement continues.

Foreign firms face troubles in Venezuela

Mar 23, http://english.eluniversal.com/2009/03/27/en_ing_esp_foreign-firms-face-t_27A2272363.shtml

A legal action against Venezuela filed by Swiss cement maker Holcim Ltd., which was nationalized in 2008, has no legal basis because the nationalization was made under the Constitution, said on Thursday Ángel Rodríguez, a top Venezuelan lawmaker and member of the Energy Committee, National Assembly

Andover Resources has decided to discontinue the arbitration proceedings against Burundi

Mar 27, http://www.foxbusiness.com/story/markets/industries/industrials/argosy-minerals-burundi-arbitration/

Argosy Minerals Inc has learned that the Government of Burundi awarded a three year exploration license over the Musongati, Nyabikere and Wagga deposits to a third party. Consequently, its subsidiary Andover Resources NL ("Andover") has decided to discontinue the arbitration proceedings it commenced under the Rules of the International Chamber of Commerce in Paris against the Government of Burundi. These proceedings were launched with the aim of securing Andover's right to proceed with exploration of these deposits.

Argosy considers that the Burundian government's decision is against the spirit of the arbitral proceedings: it effectively forecloses one of the principal heads of relief sought, being a declaration that Andover's license in respect of these deposits was in full force and effect. At the same time, the conduct of the Burundian government confirmed longstanding suspicions that the Government of Burundi was unlikely to honour an arbitral award of damages, if Andover were to win this head of claim.

State objection to mining rights claim falls into AgriSA's lap

Mar 26, http://www.businessday.co.za/articles/topstories.aspx?ID=BD4A967348

By Peter Leon, partner at Webber Wentzel and chairman of the International Bar Association's mining law committee.

EXCEPTIONS generally don't make law. But the Department of Minerals and Energy must be ruing the Pretoria High Court's recent decision in a case brought by commercial farmers' union AgriSA against the minister of minerals and energy, in which the department took exception to AgriSA's claim that the Mineral and Petroleum Resources Development Act resulted in a compensable expropriation of its predecessor's unused old-order coal rights.

The court's rejection of the objection to AgriSA's claim, and its finding that the act brought about a generalised expropriation of all unused old-order mineral rights, entitling claimants to compensation under section 25 of the constitution, is likely to have a profound effect on mineral law reform in SA.

See also www.transnational-dispute-management.com/news/tdmnews-2009-07.htm

France draws Canada's ire by asking UN to extend maritime borders for islands

Mar 25, http://www.cjad.com/news/14/899648

France says it will file a letter of intent with the United Nations laying claim to a larger chunk of the Atlantic Ocean seabed for its Saint-Pierre-et-Miquelon territory, just south of Newfoundland and Labrador.

The inhabitants of North Atlantic archipelago want the right to develop their economy by expanding their access to the seabed, which is potentially rich in gas, marine and oil resources.

The island's elected member, Annick Girardin, is in Paris today asking the French government to submit a letter to a UN commission claiming an extended continental shelf for Saint-Pierre-et-Miquelon.

Canada, France ready for diplomatic showdown over Atlantic seabed rights

Mar 27, http://news.xinhuanet.com/english/2009-03/27/content_11079420.htm

Canada has vowed to safeguard its sovereignty in reaction to the French intent to claim rights over a piece of energy-rich Atlantic Ocean seabed, raising the prospects of a diplomatic fight between the two countries.

The French government said Wednesday it will file a letter of intent with the UN laying claim to a larger swath of the seabed for its St-Pierre-Miquelon territory, just south of Canada's Newfoundland province.

Venezuela sees negotiated solution to Holcim dispute

Mar 27, http://www.caribbeannetnews.com/news-15293--12-12--.html

Reuters - Venezuela expects to resolve a dispute over compensation to cement-maker Holcim through negotiations, Venezuela's energy minister said on Thursday, days after Holcim filed an arbitration suit against the OPEC nation.

Venezuela to take over Aeropostal, more airports

Mar 26, http://www.google.com/hostednews/afp/article/ALeqM5gq-kbDD0cZc_9zWWI7L7ccLHwJiQ

AFP - Venezuelan President Hugo Chavez announced he would nationalize the country's private airline Aeropostal, citing government allegations it is linked to international drug networks. Chavez, whose military on Saturday took control of all the country's major airports and maritime ports, said "we will renew (Aeropostal) as a social property."

Indonesia - Libya to Expand Collaboration

Mar 26, http://www.tempointeractive.com/hg/nasional/2009/03/26/brk,20090326-166643,uk.html

The governments of Indonesia and Libya recently agreed to expand their existing collaboration. An MoU between the two countries was recently signed by Foreign Minister Hassan Wirajuda and Libyan Social Affairs Minister, Ibrahim A.M. Al Sharif, in Yogyakarta yesterday. "The value trade between Indonesia and Libya trades so far amounts to only US$400 million. This is far from the potential that can be achieved by both countries," Hassan said.

Arbitration does not deprive court of jurisdiction - Youell and Others v La Réunion Aeriènne

Mar 27, http://business.timesonline.co.uk/tol/business/law/reports/article5983118.ece

The mere fact that a claim was the subject of an arbitration agreement did not deprive a court, which could otherwise determine the substance of the claim, of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Brussels I Convention.

D1 Oils plc - Statement re Arbitration Award

Mar 27, http://www.londonstockexchange.com/LSECWS/IFSPages/MarketNewsPopup.aspx?id=2122196

The Board of D1 Oils plc (the "Company") is pleased to report that in relation to a dispute with a US company, the Company is in receipt of a final and binding arbitral award valued at £4.2m. Notification of the award was received by the Company after the market closed on 26 March 2009. Steps will now be initiated to effect the recovery of the amount due.

Court of Arbitration appoints nine lawyers for 2010 Olympics

Mar 25, http://www.tas-cas.org/en/infogenerales.asp/4-3-3107-1092-4-1-1/5-0-1092-15-1-1/

On the occasion of its meeting in San Juan/Puerto Rico last week, the International Council of Arbitration for Sport (ICAS) discussed amendments to the Code of Sports-related Arbitration and the constitution of the delegation of the CAS ad hoc Division for the 2010 Olympic Winter Games in Vancouver.

The ICAS has confirmed that nine CAS arbitrators will be part of the ad hoc Division which will operate in the Olympic city from 2 February to 28 February 2010.

Canada-Peru and Canada-Colombia Free Trade Agreements

Mar 26, http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/andean-andin/canada-peru-perou-colombia-colombie.aspx

On March 26, 2009, the Government of Canada introduced legislation to implement the Canada-Peru and the Canada-Colombia Free Trade, Labour Cooperation and Environment Agreements in the House of Commons. Once this legislation is passed and it receives Royal Assent from the Queen's representative, the Governor General, the Government of Canada will be in a position to implement these Agreements at an agreed upon date with the Governments of Peru and Colombia.

For more detailed information, and for the complete text of the agreements, please visit: http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/andean-andin/index.aspx'>www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/andean-andin/index.aspx.

Acclaim Insurance Brokers Pte Ltd v Navigator Investment Services Ltd [2009] SGHC 12

http://lwb.lawnet.com.sg/legal/lgl/rss/supremecourt/60297.html

Suit No: OS 1830/2007
Decision Date: 12 Jan 2009
Court: High Court
Coram: Choo Han Teck J
Counsel: Oommen Mathew (instructed) and John Thomas (David Nayar and Vardan) for the plaintiff, Edmund Kronenburg and Vicki Loh (Tan Peng Chin LLC) for the defendant

PODCASTS

IDN 66 - "As Long as a Piece of String": Timing Expectations in International Arbitration

How long should it take to complete an arbitration? Weeks? Days? Months? Or even years?

International Dispute Negotiation host Michael McIlwrath has been asking that question for a long time. In-house attorneys, law-firm veterans, academics, and business executives all have expectations about arbitration. This week, Mike provides a compilation of answers about those expectations.

The replies vary. To put it mildly. You'll hear that the views are all over the place, and you'll get the reasons why some top executives believe that an arbitration will last a long, long time.

Note the follow discussion on OGEMID, March 31st 2009, see OGEMID archive.

EVENTS

ICDR's Miami Conference Draws Over 150 Attendees In Person and Online - Conference report

http://www.adr.org/sp.asp?id=35801

More than 150 international ADR practitioners and attorneys recently attended the 7th Annual Miami International Arbitration Conference, where the focus was on the corporate counsel's role in the international arbitration process.

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 http://www.ggaf.ch/ for updates of the conference programme and information on how to register

* 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 where States enact Emergency Measures to combat the economic crisis, is there some room for adjusting the Force Majeure / Hardship / Necessity concepts?

- Christoph Brunner, Python & Peter, Berne
- Melaku Desta, CEPMLP, Dundee
- Jacques Werner, Werner & Associés, Geneva
- Roland Ziade, Cleary Gottlieb Steen & Hamilton, Paris

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?

- John Y. Gotanda, Villanova University, Pennsylvania
- Serge Lazareff, Chairman, ICC Institute of World Business Law, Paris
- Philippe Preti, Baker & McKenzie, Geneva
- Pierre Tercier, University of Fribourg

12:30 Lunch

14:00 Panel 3:

How to make the arbitral awards in investment disputes acceptable to the Host States:
* Is there any lesson to be drawn from the WTO dispute settlement system?
* Is there a democratic deficit to be remedied in the investment dispute system?

- Gary Horlick, Washington D.C.
- Pierre Lalive, Lalive, Geneva
- Maurice Mendelson QC, Blackstone Chambers, London
- Federico Ortino, King's College, London

15:30 Coffee

16:00 Panel 4:

Will State Emergency Measures trigger WTO disputes?

What prospects exist for reforming the dispute settlement system of the WTO - professional panelists, retroactive remedies, monetary compensation?

- Charles C. Adams, Hogan & Hartson, Geneva
- Gary Horlick, Washington D.C.
- Petros Mavroidis, University of Neuchâtel and Columbia University
- Guiguo Wang, Dean, City University of Hong Kong Law School

The Conference will end at 17:30

Speakers will include:

- Charles C. Adams, Hogan & Hartson, Geneva;
- Christoph Brunner, Python & Peter, Berne;
- Melaku Desta, 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;
- 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

Please visit http://www.ggaf.ch/ for updates of the conference programme and information on how to register

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

Eric Schwartz and James Castello to Join King & Spalding's International Arbitration Practice

Mar 31, http://www.kslaw.com/portal/server.pt?space=KSPublicRedirect&control=KSPublicRedirect&PressReleaseId=3406

King & Spalding, a leading international law firm, announced today that Eric A. Schwartz, one of the top international arbitration lawyers in the world, and his colleague James Castello, a prominent international arbitration practitioner, will join the firm. Schwartz, who served as Secretary General of the International Court of Arbitration of the International Chamber of Commerce (ICC), and Castello will join King & Spalding from the Paris office of Dewey & LeBoeuf, where Schwartz was managing partner and co-head of its global arbitration practice. King & Spalding is submitting an application to the Paris Bar Council in order to open an office in Paris.

Clutz consultant Michael Pryles gains top arbitration role

Apr 01, http://www.lawyersweekly.com.au/blogs/appointments/archive/2009/04/01/clutz-consultant-gains-top-arbitration-role.aspx

Clayton Utz consultant and international arbitrator Michael Pryles has been appointed as chairman of the Singapore International Arbitration Centre.

Judith Gill appointed Queen's Counsel

February 20, http://www.allenovery.com/AOWEB/NewsMedia/Editorial.aspx?contentTypeID=1&contentSubTypeID=7945&prefLangID=410&itemID=50282&langID=410

Judith Gill, Head of Allen & Overy's Global International Arbitration Group, has been appointed Queen's Counsel. Judith Gill is only the second woman solicitor to be appointed QC and the first with an international arbitration practice

ICSID Pending

Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/09/2)

Subject Matter: Hedging agreement

Date Registered: March 24, 2009

Status of Proceeding: Pending (Tribunal not yet constituted)

Piero Foresti, Laura de Carli and others v. Republic of South Africa (ICSID Case No. ARB(AF)/07/1)

Status of Proceeding: Pending (the Respondent files objections to jurisdiction and admissibility and a counter-memorial on the merits on March 27, 2009)