issue #09, week 16. 15 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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NEWS

Covington Clients Secure Significant Arbitration Ruling Against Russia

Apr 08, http://www.cov.com/news/detail.aspx?news=1410

Covington & Burling LLP has secured a major victory in an international arbitration against Russia on behalf of Spanish holders of Yukos American Depositary Receipts (ADRs). The decision on jurisdiction, under the rules of the Arbitration Institute of the Stockholm Chamber of Commerce, is expected to have important implications for future investment arbitrations against Russia.

Renta 4 S.V.S.A. v. The Russian Federation involves claims under the Spain-Russia Bilateral Investment Treaty ("BIT") by a number of Spanish investment funds seeking damages arising from the Russian government's uncompensated expropriation of the Yukos Oil Company. This case will have significance for Yukos ADR holders in all countries that have BITs with Russia. The losses of Yukos ADR holders in such countries exceed $10 billion.

On March 20, the three-person tribunal ruled that the dispute fell within the scope of the arbitration clause in the Spain-Russia BIT, and that it therefore had jurisdiction. In so doing, the tribunal rejected the reasoning of previous tribunals that have considered almost identical jurisdictional language in other Russian BITs -- language which appears in a majority of Russia's investment treaties. Those previous decisions held that the language in question -- granting arbitral jurisdiction to decide disputes concerning "the amount or method of payment" of compensation due -- does not grant jurisdiction to decide whether challenged conduct constitutes an expropriation. The tribunal's closely-reasoned decision rejecting this restrictive interpretation is a significant setback to recent Russian efforts to limit access to international arbitration by foreign investors.

The Covington arbitration team was led by partner O. Thomas Johnson, Jr., with assistance from special counsel Marney Cheek and associate Jonathan Gimblett.

Consortium interested in Gorna Arda Hydropower Station, conditional to withdrawal of claim with International Court of Arbitration

Apr 14, http://www.novinite.com/view_news.php?id=102763

An Austrian consortium between energy firm EVN and construction company Alpine Bau is interested in the long-delayed hydropower project at Gorna Arda river in Bulgaria, officials announced on Tuesday. The acquisition will be conditional on Ceylan Holding's withdrawal of a claim for EUR 75 M that it filed with the International Court of Arbitration against NEK. It is still to be seen how much the Turkish company will ask in damages for withdrawing its claim.

Indonesian Govt considering termination of contract with Newmount

Apr 10, http://www.antara.co.id/en/arc/2009/4/10/govt-considering-termination-of-contract-with-newmount/

The government is considering terminating the contract of work with PT Newmont Nusa Tenggara (MNT)soon, following a decision of the international court of arbitration granting the government`s law suit against the company.

Energy and Mineral Resources Minister Purnomo Yusgiantoro said here on Thursday he has formed a special team of legal experts to consider putting an end to the contract of work with the company.

"The team will find out whether the international court of arbitration`s decision would enable the government to put an end to the contract of work. If the answer is yes, I may terminate the contract. But, if it is otherwise, I would have to think about it," he said.

State miners may buy Newmont stakes: Govt

Apr 13, http://www.thejakartapost.com/news/2009/04/13/state-miners-may-buy-newmont-stakes-govt.html<

The Office of the State Ministry of State Enterprises may request state mining companies to form a consortium to acquire 17 percent stakes in copper and gold miner PT Newmont Nusa Tenggara (NNT). The office is still studying the possibility of setting up a consortium of state mining companies to acquire the divested shares," secretary to the State Enterprises Minister Said Didu said recently. The interested companies, according to Said, included nickel producer PT Aneka Tambang (Antam), coal producer PT Tambang Batubara Bukit Asam (PTBA) and tin miner PT Timah. Said also said that local administrations were also encouraged to join the planned consortium.

A Geneva-based international arbitration court, the United Nation Commission on International Trade Law (UNCITRAL), required on March 31 that NNT overseas shareholders complete the share divestment within 180 days starting on April 1. The ruling stems from a mining contract in 1986, which required the shareholders to gradually reduce their stakes in NNT to 49 percent by 2010.

Singapore and Libya sign investment and tax pacts

Apr 09, http://maxnews.co.uk/singapore-and-libya-sign-investment-and-tax-pacts/

Singapore - Singapore said Thursday that it signed investment and tax agreements with Libya. The investment pact was aimed at promoting bilateral investment flows by protecting investors and their investments, Singapore's Trade and Industry Ministry said in a statement.

Renewable Power & Light plc Announces Settlement of Arbitration with Greenline Industries

Apr 08, http://ww7.investorrelations.co.uk/rpl/regulatorynews_item.jsp?ric=RPL.L&ref=40936

RPL today announces that Greenline Industries, Inc. ("Greenline") and RPL Holdings, Inc., which is the Company's US subsidiary, have settled a contractual dispute related to the purchase of the bio-diesel equipment which avoids arbitration proceedings between the parties. The terms of the settlement agreement are confidential.

Venezuela: Nationalization of cement makers to be completed in four months

Apr 10, http://english.eluniversal.com/2009/04/10/en_ing_esp_nationalization-of-c_09A2287663.shtml

In a maximum term of four months, a purchase agreement will be executed according to which the shares that used to be in the hands of the transnational companies engaged in the cement business will be transferred to the Venezuelan state. This is what Vice-Minister of Basic Industries and president of the National Cement Maker Jesús Paredes told state-run news agency ABN.

Emaar to appeal Saudi reversal of lawsuit ruling

Apr 11, http://www.thenational.ae/article/20090411/BUSINESS/518140602/1005

Emaar Properties said on Saturday it would appeal a Saudi ruling reversing an earlier judgment in its favour in a $1.2 billion (Dh4.4bn) lawsuit against it. Last year an arbitration ruling in favour of the Dubai developer was issued, and Jadawel launched a further appeal.

"It is not clear yet how the whole arbitration process, which has taken over two years and ended with an award in favour of Emaar, was dismissed and its award reversed by the Second Commercial Circuit in one brief session...," an Emaar statement said, citing a company spokesman.

Gazprom does not recognize absence of claims on Naftogaz on January gas transit

April 11, http://www.kyivpost.com/nation/39415

Gazprom does not recognize absence of claims on Naftogaz on January gas transit. A provision on dropping reciprocal claims on the implementation of gas contracts between Russia and Ukraine starting from January 1, 2009 was struck out from a technical agreement between Gazprom and Naftogaz Ukrainy on conditions for the transfer of gas at border gas measuring stations for its transit across Ukraine to Western Europe, the Ukrainian weekly publication Dzerkalo Tyzhnia (Mirror of the Week) reported citing a copy of the agreement that it possesses.

The final phrase of the document that says "The parties confirm that they do not have any mutual claims regarding the implementation of the contracts indicated in Clause 9.3 of this technical agreement starting January 1, 2009" has been struck out.

Gazprom to fine Ukraine $530m for gas import cut

Apr 14, http://www.tehrantimes.com/index_View.asp?code=192210

Russia's Gazprom has demanded that Ukraine pay a fine of around $530 million for its failure to import the contracted volume of natural gas, business daily Kommersant Ukraina reported on Monday. The paper cited an unnamed source in the Russian gas monopoly as saying the company sent official notification of the fine to the Ukrainian state oil and gas company Naftogaz last week.

Promoting Mauritius as an International Arbitration Centre -- with a difference

Apr 10, http://www.mauritiustimes.com/100409r.v.htm

The Prime Minister may have sounded ambitious when he invited his Indian counterpart to consider Mauritius as a host to resolve dispute between India and its foreign investors. Now that he has signed the Host Country Agreement with the Permanent Court of Arbitration, some four months after introducing the International Arbitration Bill in the National Assembly, it is clear that he means business.

Ownership dispute over Egyptian carrier escalates

Apr 14, http://www.telecoms.com/10418/ownership-dispute-over-egyptian-carrier-escalates

The struggle for control of Egyptian mobile carrier Mobinil became more heated over the weekend after Orascom failed to transfer its holding in the company to France Telecom. Orascom argues that it was unable to transfer the shares, as ordered by the International Court of Arbitration of the International Chamber of Commerce, because France Telecom filed to pay the agreed purchase price for the stake.

Arbitration in India: Will the LCIA help? Q&A with Dushyant Dave

Apr 11, http://www.moneycontrol.com/india/news/management/arbitration-indiawill-lcia-help/15/55/392988

We focus on how to settle a fight faster, better, easier. It has meant to offer speed and efficiency but in India arbitration is plagued by delays and inefficiencies. Companies talk to The Firm about the problems they face in settling their disputes. The London Court of International Arbitration (LCIA) is setting up an India center this month. Will that bring more discipline to the Indian arbitration process, The Firm spoke with Dushyant Dave, Sr Advocate, Supreme Court and Berjis Desai, Managing Partner, JSA.

Rusal Guinea aluminium assets ownership under threat

Apr 13, http://www.mineweb.com/mineweb/view/mineweb/en/page72068?oid=81777&sn=Detail

Guinea's ruling military junta said on Sunday it planned to challenge in court the 2006 sale of the Friguia alumina refinery to Russian aluminium company RUSAL. "We are going to take legal action to cancel the sale of the Friguia plant. A number of technicalities mean we can win this case," said Captain Moussa Dadis Camara, the head of the junta.

Canada to appeal U.S. softwood ruling

Apr 14, http://www.canada.com/Business/Canada+appeal+softwood+ruling/1496091/story.html

The federal government will appeal a U.S. decision to impose a duty on Canadian lumber imports, says National Revenue Minister Jean-Pierre Blackburn. The United States said last week it was imposing the 10 per cent duty on some lumber imports after Ottawa failed to abide by a trade tribunal ruling.

U.S. slaps 10 per cent duty on Canadian softwood lumber imports

Apr 08, http://fftimes.com/node/221969

OTTAWA - The United States is slapping a 10 per cent duty on Canadian imports of softwood lumber from four provinces in a new test of the 2006 softwood lumber agreement. The United States Trade Representative said it is owed US$54.8 million in penalties from Ontario, Quebec, Manitoba and Saskatchewan for failing to sufficiently lower exports of lumber as prices dropped.

Coalition for Fair Lumber Imports Welcomes Step by the U.S. Government to Enforce the U.S.-Canada Softwood Lumber Trade Agreement [pdf]

Apr 07, http://www.fairlumbercoalition.org/doc/press_release_04-07-09.pdf

The U.S. Coalition for Fair Lumber Imports today voiced strong support for a decision by the United States Trade Representative to impose duties on lumber imported from Ontario, Quebec, Manitoba and Saskatchewan following Canada's refusal to cure its breach of the U.S.-Canada Softwood Lumber Trade Agreement (SLA).

The announcement by the USTR implements a February 26, 2009 London Court of International Arbitration (LCIA) ruling that Canada must remedy its overshipments of lumber to the United States in violation of the U.S.­Canada trade agreement.

The LCIA ruled that an appropriate adjustment to compensate for the breach would be imposition of an additional 10% tax on exports from Ontario, Quebec, and other provinces under "Option B" until a total of $68.26 million Canadian dollars has been collected. The United States is imposing as an import duty precisely the same tax that Canada should have imposed as an export charge.

Earlier this month, the Canadian government ignored the clear LCIA directive by offering a lump-sum payment of US$46.7 million to the U.S. Treasury.

Steve Swanson, Chairman of the Coalition, said that "Canada's unwillingness to adhere to the arbitration panel ruling was just the latest example of Canada's bad faith approach to this trade agreement." "This critical step by the Obama Administration provides comfort to U.S. industry and workers that trade agreements will be enforced, and thus allowed to function as intended," said Mr. Swanson.

"Canada was simply trying to provide yet another subsidy for its industry ­ to keep less competitive companies operating at the expense of U.S. sawmills and workers," Swanson said. Mr. Swanson continued by stating that "all that U.S. industry and workers have ever asked for is that Canada live up to its commitments under the Softwood Lumber Trade Agreement."

Canada had the option to "cure" the violation by other means that provide at least the same economic benefit to the U.S. lumber industry. Canada's proposed payment to the U.S. government would have no such remedial effect and so would not be a cure. And the SLA specifies that when Canada fails to implement an arbitration panel ruling (cure), the United States has the right to self-enforce the panel's decision.

"The LCIA and the SLA give the United States the right to impose the remedy tax on shipments from Option B provinces since Canada failed to do so," said Mr. Swanson, concluding that "the Coalition strongly supports the Administration's decision to do so."

U.S. spurns Canada's offer over lumber quota breach

Apr 4, http://www.theglobeandmail.com/servlet/story/LAC.20090404.RTICKER04ART1935-3/TPStory/Business

The U.S. government said a Canadian offer of $47-million fails to live up to a trade tribunal's orders over a breach of the softwood lumber trade deal between the two countries.

Sallies loses Honeywell arbitration

Apr 08, http://www.miningweekly.com/article/sword-of-damocles-lifted-tom-dale-on-lower-honeywell-settlement-2009-04-08

"The Sword of Damocles has gone," Sallies CEO Tom Dale told Mining Weekly Online as the news broke on Wednesday of the International Chamber of Commerce International Court of Arbitration meting out a far lesser penalty payment ($1.4 million (about R13.2 million)) in the Honeywell case than might have been. The international arbitration court ruled that Sallies and its fluorspar-mining subsidiary, Witkop, was obliged to pay roughly a fifth of what multinational Honeywell had claimed from the small South African mining company for failing to supply it at a giveaway fluorspar price.

Unified GCC arbitration law set to take effect next year

Apr 07, http://www.zawya.com/story.cfm/sidZAWYA20090407030630

Dr Ahmad Sheta said the proposed unified law of arbitration for GCC countries will come into effect by next year. The Federation of GCC Chamber of Commerce has finalised the draft and the last round of discussions for its enactment was fast progressing, he said.

Dr Ahmad Sheta said a total of 84 cases worth QR873,000 mn have come up before QICA. And majority is related to contracts. Cases are also heard in English at the tribunal in QICA. He said QICA has imparted training to more than 420 professionals in arbitration cases till date.

Ecuador To Seek $210 Million From Odebrecht

Ap 7, http://www.smartmoney.com/news/on/?story=ON-20090407-000654-1948&print=1

Ecuador will seek $210 million from Brazilian construction giant Norberto Odebrecht SA to cover problems at the San Francisco Hydroelectric Plant, a government official said Tuesday.

... Ecuador won't suspend payments of a loan granted by the Brazilian Development Bank, or BNDES, to build the San Francisco power plant and will continue paying it until there is a ruling from the International Court of Arbitration in Paris.

Signature of a new memorandum of understanding between UNCTAD and UNDP

Mar 31, http://www.unctad.org/Templates/webflyer.asp?docid=11281&intItemID=1528&lang=1

UNCTAD Secretary General Mr. Supachai Panitchpakdi and UNDP Administrator a.i. Mr. Ad Melkert signed a Memorandum of Understanding that marks the beginning of a new phase in UNCTAD-UNDP relations. The two organizations have a long and fruitful history of collaboration. They share similar development objectives to provide assistance to countries to meet the MDGs and cooperate in areas of mutual concern. The new MOU which replaces the previous one signed in 1998, lays out substantive areas and modalities of collaboration.

Africa: Arbitration Method Demanded to End Scourge of Debt

Apr 03, http://africa.tmcnet.com/news/2009/04/06/4111223.htm

International debt campaigners are calling for the establishment of a debt arbitration mechanism to respond to the difficulties that many countries of the South are increasingly facing as they attempt to service debt arrears to international lenders.

Campaigners met in Johannesburg, South Africa, at a two-day international conference on a "Fair and Transparent Arbitration Mechanism on Illegitimate and Odious Debts". They oppose the status quo as one in which countries of the South are pushed further into debt.

Croatia-Slovenia dispute could go to arbitration

Apr 06, http://www.forbes.com/feeds/afx/2009/04/06/afx6261775.html

A border dispute between Croatia and Slovenia that has blocked Zagreb's negotiations to join the European Union could be headed toward arbitration, former Finnish President Marrti Ahtisaari said on Monday.

Christofias rejects possible UN arbitration on Cyprus issue

Apr 06, http://www.setimes.com/cocoon/setimes/xhtml/en_GB/newsbriefs/setimes/newsbriefs/2009/04/06/nb-07

President Demetris Christofias said on Saturday (April 4th) that Greek Cypriots will not accept any change to the ongoing negotiation process aimed at reunifying the divided island. This includes setting deadlines for completing talks or possible UN arbitration. "These principles have been accepted by the international community, and we will stick to them," he noted. During a meeting Friday with UN Secretary-General Ban Ki-moon, Turkish Cypriot leader Mehmet Ali Talat requested UN arbitration because of the slow progress of negotiations.

Orascom Telecom Announces its Compliance with ICC Ruling

Apr 14, http://www.cellular-news.com/story/36979.php

Following a legal ruling last week, Egypt's Orascom Telecom Holding (OTH) says that it has transferred shares it holds in Mobinil to France Telecom. There has been a quite public dispute between the two companies since the legal ruling, with Orascom claiming that the paperwork hadn't arrived, and France Telecom insisting that Orascom was being obdurate.

Orascom ordered to sell MobiNil stake to France Telecom

Apr 6, http://www.telegeography.com/cu/article.php?article_id=27941&email=html

Egypt-based telecoms group Orascom Telecom has been ordered to sell its shares in cellco Egyptian Company for Mobile Services (MobiNil) to France Telecom (FT) by the International Court of Arbitration. The ruling comes as a result of a case that was brought in front of the court in August 2007.

Sri Lanka faces Deutsche Bank claim in oil derivatives dispute

Apr 06, http://www.tradingmarkets.com/.site/news/Stock%20News/2257967/

Deutsche Bank has filed arbitration proceedings against the government of Sri Lanka over non-payment in oil derivatives deals with state refiner Ceylon Petroleum Corporation (CPC). The Deutsche Bank claim was registered with the International Centre for Settlement of Investment Disputes (ICSID) on 24 March 2009, according to the international dispute resolution centre.

Ungava Mines Inc. Announces That Arbitration Decision of April 1, 2009 May Not Be the Final Word

Apr 03, http://www.globeinvestor.com/servlet/story/PRNEWS.20090403.TO984/GIStory/

Ungava Mines Inc. announces that a decision released April 1, 2009, in the arbitration between its subsidiary company Ungava Mineral Exploration Inc. (the "Company") and Canadian Royalties Inc. ("CRI") regarding the vesting of an additional 10% interest in the Expo Ungava Property ("the Property") may not be the final word. The arbitrator ruled that CRI has satisfied the requirements of the Option Agreement of January 12, 2001 ("the Agreement") and accordingly is entitled to a further 10% right, title and interest in the Property. During the course of the hearing, it was the submission of the Company that the arbitrator made certain erroneous decisions wherein he exceeded his jurisdiction. The Company accordingly has given notice that it will apply to Quebec Superior Court in this matter. The hearing of such application is set for three days in September 2009.

Additionally, it was discovered in the course of the arbitration that CRI had halted mine building on the Property at the beginning of May 2008 . This was caused by the melting of the lake on which CRI had been landing Hercules aircraft. Xstrata had informed CRI in the summer of 2007 that it would no longer permit CRI access to the Donaldson Airport near the Property owned and operated by Xstrata, since CRI intended to become a producer/competitor. This fact was never disclosed in the feasibility study finalized in the summer of 2007, the "BFS" for CRI. In fact, the BFS asserts that CRI has contractual access to use the Donaldson Airport. When Mr. Faucher was recalled as a witness August 20, 2008 , he disclosed that management of Xstrata had personally informed him about the decision to withdraw airport access. CRI therefore proceeded on the basis that it would land on a frozen lake near the Property while it awaited contractual access to use the Donaldson Airport which is thought would result from Quebec Ministry persuasion, which to date has apparently not been successful. In the arbitration, the Company had pleaded that the BFS was invalid because of the non-disclosure of the lack of airport access necessary to build and operate a mine on the co-owned Property. The Decision does not mention any of these matters, nor is there any adjudication in this regard. The Company submits that a feasibility study fundamentally flawed in this way cannot be the BFS called for in the Agreement, nor can the Company be prejudiced in any way for failing to contribute to the costs of "mine building" which were incurred by CRI in such circumstances.

German upper house approves bank expropriation law

Apr 03, http://uk.reuters.com/article/rbssFinancialServicesAndRealEstateNews/idUKL331330020090403

Germany's Bundesrat upper house of parliament approved a law on Friday that gives the government the power to take control of banks hit by the financial crisis, potentially forcing shareholders to sell their stakes.

Karaha Bodas Geothermal Project 'Resurrected' as Legal Dispute Goes On

Apr 03, http://www.thejakartapost.com/news/2009/04/03/govt-resume-karaha-bodas-power-project.html

It was part of a package of 21 power projects reviewed by the government in 1997. Karaha Bodas was then delayed because of problems related to the economic crisis. But the delay led to a string of arbitration proceedings, including one filed by Karaha Bodas. Although Pertamina finally paid the arbitration panel's award to KBC, it still refuses to accept liability, and has since tried to recover the money in the United States, Singapore, Hong Kong and Canadian courts, arguing that KBC was guilty of corruption and of inflating reserves. Abadi declined to elaborate further on the legal issues. According to lawyer Todung Mulya Lubis, the chairman of Transparency International Indonesia, Pertamina had little chance of reversing the arbitration award as overseas courts were very reluctant to do so for fear of damaging the arbitration system. "I'm not optimistic that Pertamina will be able to overturn the arbitration award against KBC, unless Pertamina has very strong reasons that would persuade the court to do so. Pertamina, however, doesn't have such reasons. KBC won because it argued its case very well before the arbitration panel."

The Moscow Arbitration Court declined a Lufthansa appeal against tax claims

Apr 03, http://www.themoscowtimes.com/article/1009/42/375900.htm

The Moscow Arbitration Court declined a Lufthansa appeal against tax claims on its operations in Russia, Interfax reported Thursday. The contested sum is about 230 million rubles ($6.9 million), and the case has moved through the Russian court system since late 2007, a Lufthansa spokesman said. He declined to comment on the court decision until the company receives the court's letter.

The Brave New World of Disputes - Climate change, energy and the financial crisis will require an array of resolution mechanisms

Apr 14, http://www.law.com/jsp/law/international/LawArticleIntl.jsp?id=1202429872800

The National Law Journal - Ian Meredith, Laura Atherton and Marcus M. Birch - Changes to the global landscape during the next two decades are expected to drive a new generation of disputes. Climate change and unprecedented pressure on world resources -- including carbon-based energy sources, minerals, food and water -- will be among the key structural drivers.

At the same time, the global financial crisis and the rise of state capitalism seem set to provide the catalyst for further financial and economic conflicts. This new generation of disputes will call for a sophisticated range of dispute resolution mechanisms and may challenge existing structures. Arbitration may be the primary focus for the resolution of natural resource-based conflicts that are commonly both international and technically specialized, but court-based litigation and the consensual alternative dispute resolution also will play key roles.

Mixing International Arbitration With U.S. Discovery - A cocktail to be consumed carefully

Apr 08, http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1202429729069

Michael G. Biggers - The Corporate Counselor- A United States court decision highlights the opportunities and pitfalls associated with the potential use of U.S.-style discovery to obtain materials for use in international arbitrations. In re Babcock Borsig AG, 2008 WL 4748208 (D. Mass. Oct. 30, 2008), joins a growing number of decisions holding that United States federal district courts are authorized to order such discovery. This represents an additional subject to be considered both in advising foreign clients as to drafting clauses agreeing to international arbitration and in conducting such arbitrations.

PODCASTS

IDN 67 - Appointing Arbitral Tribunals, Part I of III with Thomas Walde

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

This week, more from IDN host Mike McIlwrath's conversation with Thomas Walde from last October, shortly before the arbitration scholar and theorist died in an accident. In IDN 47, which debuted on Oct. 24, less than two weeks after his untimely death, Walde discussed arbitration advocacy. The conversation veered off its appointed course, but in a good way, covering a variety of arbitration practice issues. The discussion provided a rich dissection of international arbitration--views that will be shared over the next three podcasts. This week, the former University of Dundee (Dundee, Scotland) professor discusses arbitration tribunal dynamics, and includes a proposal for recruiting full tribunals, rather than individual arbitrators.

Next week: Walde on what parties want in an arbitrator, and why.

EVENTS

Workshop - Necessity across international law. Friday 24 - Saturday 25 April 2009

Faculty of Law, VU University Amsterdam - Room 2D-16 De Boelelaan 1105 - 1081 HV Amsterdam

Friday 24 April 2009

Saturday 25 April 2009

The workshop is held at VU University Amsterdam, room 2D-16. Participation is free but limited to 40 persons. Please register at Necessity@vu.nl. The workshop is supported by the Royal Netherlands Academy of Arts and Sciences (KNAW) and the Faculty of Law, VU University Amsterdam.

Route directions at: www.vu.nl/en/about-vu-amsterdam/contact-info-and-route/route-description/index.asp

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.

Enforcing Arbitration Agreements: West Tankers – Where are we? Where do we go from here? 12 May 2009

http://www.biicl.org/events/view/-/id/394/

Tuesday 12 May 2009 17:30 to 19:30
London, UK

Chair: The Hon Sir Anthony Colman. Speakers: Alex Layton QC, Professor Adrian Briggs, Julian Lew QC, Professor Thomas Pfeiffer, Adam Johnson, and Professor Jonathan Harris

The February 2009 West Tankers ruling of the European Court of Justice has the unintended consequence of disrupting the flow of arbitrators' powers. The precise extent to which these are affected remains unclear, however. In its ruling, the Court stated:

"It is incompatible with Council Regulation (EC) No 44/2001 ... for a court of a Member State to make an order to restrain a person from commencing or continuing proceedings before the courts of another Member State on the ground that such proceedings would be contrary to an arbitration agreement."

Following this ruling essentially two questions arise: "Where are we?" and "Where do we go from here?". The former question involves an assessment of West Tankers' immediate implications. The second turns on an emerging consensus, encompassing comments from at least Germany, France and the United Kingdom, that legislative change is needed to attend to the unsatisfactory state of the law in this context. The Heidelberg Report 2007 on the Brussels I Regulation proposes amendments bringing proceedings ancillary to arbitration within the Regulation's scope, and to confer exclusive jurisdiction on the courts of the state of the arbitration. Should this proposal be supported?

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 Seminar on Arbitration and ADR in Japan - May 12 2009

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

On the occasion of ICC's 90th anniversary celebration, John Beechey, Chairman of the ICC International Court of Arbitration, Toshio Sawada, Vice Chairman of the ICC International Court of Arbitration and Peter Wolrich, Chairman of the ICC Commission on Arbitration will speak at a seminar on Arbitration and ADR. The seminar will be held in Tokyo, Japan, on 12 May 2009.

Arbitration and Mediation in the Natural Resources and Energy Sector - 13 May 2009

Note: For OGEL and TDM members the same discount applies as for AIA members, so instead of 182€, the registration fee is 135€. Contact us for instructions on how to be eligible for the discount.

The Association for International Arbitration (AIA) based in Brussels and the CEPMLP (The Centre for Energy, Petroleum and Mineral Law and Policy) of the University of Dundee (UK) are jointly organising a conference on Arbitration and Mediation in the Natural Resources and Energy Sector on the 13 May 2009 in Brussels.

The event will take place at GDF Suez, 1 Place du Trône - Troonplein 1, 1000 Brussels on 13 May 2009, from 09.30 am until 4 pm. Registration starts at 9.00 am.

The provisional programme includes so far:

We welcome your suggestions for topics you would like to see discussed at our event.

The updated programme can be consulted at http://www.arbitration-adr.org/activities/?p=conference&a=upcoming#1

More Information and Registration:

Johan Billiet
Association for International Arbitration
146, Avenue Louise
B-1050 Brussels
Belgium
Tel: +32 2 643 33 01
Fax: +32 2 646 24 31
E-mail: administration@arbitration-adr.org

Jan Paulsson will deliver the 2009 LALIVE Lecture - 27 May 2009

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

The 2009 Lalive Lecture will take place on 27 May 2009 and will be delivered by Jan Paulsson, who will address the topic: "Looking rigorously at national law from the outside: How does an international tribunal distinguish droit from loi?" Mr Paulsson is co-head of the international arbitration and public international law groups of Freshfields Bruckhaus Deringer LLP and a highly regarded practitioner. He has acted as counsel or arbitrator in hundreds of international arbitrations conducted under a number of different rules of arbitration, as well as before the International Court of Justice.

He is President of the London Court of International Arbitration, the World Bank Administrative Tribunal, and the EBRD Administrative Tribunal, and is a member of the Permanent Court of Arbitration in The Hague.

Each year, the Graduate Institute of International Studies (HEI, http://graduateinstitute.ch/) and LALIVE organise and co-host the Lalive Lecture at the HEI. The first one took place in 2007.

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

Lovells promotes Louise Lamb & Kieron O'Callaghan to partner

Apr 09, http://www.legalweek.com/Navigation/18/Articles/1197811/Lovells+promotes+19+to+partner+with+six+in+London.html

Lovells has defied the downturn to promote 19 new partners - an increase of one on the 18 the firm made up last year. The firm's City base receives six new partners, with two in dispute resolution (Louise Lamb - dispute resolution (commercial and retail banking), London Kieron O'Callaghan - dispute resolution (international arbitration), London), one in corporate, one in capital markets, one in real estate, and one in pensions.

Fulbright Expands Asia Presence - Jessica Fei moves to Hong Kong

Apr 07, http://www.pr-inside.com/fulbright-expands-asia-presence-adds-r1167539.htm

Fulbright & Jaworski L.L.P. has extended the firm's global energy, corporate and dispute resolution reach in Asia by hiring an international arbitration lawyer to serve as counsel, transferring energy transactional and disputes partners from the firm's London office to Hong Kong and adding three new associates. Jessica Fei joins Fulbright as counsel from the China practice of another international firm, where she was the head of dispute resolution in China. Fei focuses on international arbitration and other disputes in sectors including international trade and investments, energy, employment, construction, engineering and intellectual property.

She joins a solid team in Hong Kong, which includes international arbitration and dispute resolution partner Richard Hill, who transferred to Hong Kong from Fulbright's London office in 2008. Also transferring to Hong Kong last summer was Stefan Ricketts, who previously served as general counsel of a major energy company before joining Fulbright's London office. Three new associates have also joined the firm's Hong Kong office in recent months, two of whom will work with the energy transactions team on outbound investment work.

Byung Chol Yoon of Kim & Chang's appointed as a board member of SIAC

http://www.kimchang.com/USR_main.asp??=LEGAL/NEWS/L_NEWS/view&bbs_no=1221&lang_cd=en

Byung Chol (B.C.) Yoon, a member of Kim & Chang's Arbitration practice group, has been appointed as a member of Board of Directors of Singapore International Arbitration Centre (SIAC) on March1, 2009, for a two-year period.

BOOKS

Al Tamimi provides arbitration overview for Mena region

http://www.ameinfo.com/191709.html

Essam Al Tamimi recently announced the launch of 'The Practitioner's Guide to Arbitration in the Middle East and North Africa'.

This publication, printed in both English and Arabic, covers details and updates on the legal framework for arbitration across 18 countries in the Middle East and North (Africa, Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan Syria, Tunisia, UAE and Yemen). Each chapter is written in a clear and concise Questions & Answers format. The publication has been published by UAE based Publishing House Excelencia FZ LLC.

ICSID Pending

Corn Products International, Inc. v. United Mexican States (ICSID Case No ARB(AF)/04/1)

Apr 2, 2009, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=viewCase&reqFrom=Home&caseId=C29

Decision on Responsibility (Jan 15, 2008)

Holcim Limited, Holderfin B.V. and Caricement B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/09/3)

Subject Matter: Cement production enterprise

Date Registered: April 10, 2009

Status of Proceeding: Pending (Tribunal not yet constitued)

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

Status of Proceeding: Pending (the Tribunal holds a first session and a hearing on provisional measures in Washington, D.C. on April 10, 2009)

Ioan Micula, Viorel Micula and others v. Romania (ICSID Case No. ARB/05/20)

Status of Proceeding: Pending (the Respondent files a counter-memorial on the merits on April 6, 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 Republic of Kazakhstan files a memorial on annulment on April 9, 2009)

ABCI Investments N.V. v. Republic of Tunisia (ICSID Case No. ARB/04/12)

Status of Proceeding: Pending (the Claimant files a counter-memorial on jurisdiction on March 30, 2009)

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

Status of Proceeding: Pending (the parties file statements on costs on March 27, 2009)

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

Status of Proceeding: Pending (pursuant to the parties' agreement, the proceeding is suspended on March 28, 2009)

S&T Oil Equipment & Machinery Ltd. v. Romania (ICSID Case No. ARB/07/13)

Status of Proceeding: Pending (the Claimant files a reply on the merits on March 31, 2009)

Update April 9: The Respondent files a proposal for the disqualification of an arbitrator; the proceeding is suspended on April 9, 2009

Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines (ICSID Case No. ARB/03/25)

Status of Proceeding: Pending (Fraport AG Frankfurt Airport Services Worldwide files a request for an order of protection, pursuant to Article 44 of the ICSID Convention on April 2, 2009)