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

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issue #10, week 17. 23 April 2009
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

NEWS

Ecuador to auction 1 mln barrels of Perenco crude

Apr 21, http://www.euroinvestor.co.uk/news/shownewsstory.aspx?storyid=10333212

Ecuador plans to auction 1 million barrels in seized crude from French oil company Perenco and continue the sales until the company repays pending debts, Oil Minister Derlis Palacios told Reuters on Tuesday. Ecuador this year ordered seizure of Perenco's production over a $350 million debt with the state for late taxes.

Russia To Propose New Energy Charter - Medvedev

Apr 20, http://www.easybourse.com/bourse-actualite/marches/2nd-update-russia-to-propose-new-energy-charter-medvedev-653933

Russian President Dmitry Medvedev said he would present proposals Monday for a new global energy charter to replace an energy treaty from 1991 that Moscow has refused to ratify. He said the proposals, aimed at regulating disputes between countries over energy issues, would be sent to the G20, the European Union and former Soviet bloc countries.

Gold Reserve notifies Venezuelan Government of investment dispute [pdf]

Apr 21, http://www.goldreserveinc.com/documents/nr%2009-14.pdf

Gold Reserve Inc. announced today that it has notified the Bolivarian Republic of Venezuela of the existence of a dispute between the Company and the Venezuelan Government under both: (1) the Agreement between the Government of Canada and the Government of the Republic of Venezuela for the Promotion and Protection of Investments ("Canada ­ Venezuela Treaty") and (2) the Agreement between the Government of Barbados and the Government of the Republic of Venezuela for the Promotion and Protection of Investments ("Barbados-Venezuela Treaty").

This dispute has arisen primarily as a result of the Venezuelan Ministry of Environment's formal notification in May 2008 revoking the March 2007 permit or Authorization for the Affectation of Natural Resources for the Construction of Infrastructure and Services Phase of the Brisas Project. The Company has taken this action as a result of the Venezuelan Government's failure to reinstate the March 2007 authorization and the lack of any meaningful dialog to resolve the prolonged obstruction of our rights to the Brisas Project.

It is our intent to settle the dispute amicably. However, if the dispute is not settled amicably, the Company may file for international arbitration at anytime under the Barbados-Venezuela Treaty or after six months from the date of notification under the Canada-Venezuela Treaty. In the event the Company is compelled to file for international arbitration, we would make a claim for the fair market value of our investment at the time of the revocation which we believe was in excess of US$5 billion. In May 2008, the time of the revocation, the price of gold and copper was $880 per ounce and $3.75 per pound, respectively.

Gold Reserve Inc. is a Canadian company, which holds the rights to the Brisas gold/copper project and the Choco 5 gold exploration property in Bolivar State, Venezuela.

EVN informs the Republic of Macedonia to contemplate the initiation of arbitration proceedings under applicable Bilateral Investment Treaties

Apr 21, http://www.evn.at/Investoren/Pressemeldungen/Ad-hoc-Mitteilung-gema%C3%9F-%C2%A7-82-Abs-7-BorseG.aspx

EVN today informed the Republic of Macedonia that it is contemplating to initiate arbitration proceedings according to the "Treaty between the Republic of Austria and the Republic of Macedonia on the Promotion and Protection of Investments" and the "Energy Charter" in order to protect its investment in connection with the acquisition of 90% of the shares of EVN Macedonia AD, the only electricity distribution and supply company.

The reasons for informing the Republic of Macedonia of contemplating to initiate arbitration proceedings are due to various actions taken by the Republic of Macedonia and other public-sector entities against the EVN Group relating to EVN's activities in the Republic of Macedonia. In particular, this relates to claims for unpaid electricity supply during the time prior to the privatization (1995-2004) in the amount of up to EUR 93 million plus interest, in relation to which court proceedings have been initiated against EVN Macedonia AD; such proceedings are contrary to the share purchase agreement with the Republic of Macedonia.

Should these actions not be terminated immediately, EVN will initiate arbitration proceedings according to the above-mentioned Treaties for the protection of its investments in the Republic of Macedonia. The arbitration proceedings are particularly aimed at ensuring the Republic of Macedonia's compliance of its obligations under applicable Investment Treaties.

In addition, the initiation of arbitration proceedings against the Republic of Macedonia also serves as a precautionary measure against the court decision of first instance relating to the the above-mentioned subject matter.

Yemen alters laws to generate investment

Apr 22, http://www.thenational.ae/article/20090422/FOREIGN/704219836/1002

Yemen is trying to encourage more foreign and domestic private investment by making it easier to do business in the country. The government last year began working on the reforms of several laws and two weeks ago ordered a review of investment laws. A draft of a new investment law, for example, would give local private companies greater influence within the General Investment Authority (GIA), a governmental body that promotes and facilitates investment. The law would also boost the role of the GIA.

Harper doesn't recognize France's seabed claim

Apr 20, http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090420/Harper_France_090420/20090420?hub=Canada

Canada does not acknowledge France's claim to a larger, potentially energy-rich swath of the Atlantic seabed for St-Pierre-Miquelon, an archipelago south of Newfoundland, Prime Minister Stephen Harper said Monday.

In a letter sent Monday to Premier Danny Williams, Harper said the maritime boundary between Canada and the French territory was settled in June 1992 after a decision by the International Court of Arbitration in New York.

China: Draft law on rural land dispute eyes stability

Apr 20, http://www.chinadaily.com.cn/china/2009-04/20/content_7696438.htm

China's draft law on the arbitration over rural land contract disputes was submitted Monday for the second reading by the lawmakers, stressing the work of reconciliation before moving cases to court.

"The arbitration on the disputes concerning farmland contract management should adhere to openness, fairness and justness, focusing on efficiency and reconciliation," said the draft law.

Government of Belize steps up legal defense to block LCIA $38 million award to BTL

Apr 17, http://www.amandala.com.bz/index.php?id=8474

PM Barrow: "I will resist with every fiber of my legal being any attempts to

enforce the [LCIA] rulings." The Government of Belize has initiated its defensive legal strategy to block Belize Telemedia Limited's move to enforce a hefty BZ$38.5 million judgment awarded to the company last month by the London Court of International Arbitration (LCIA).

Injunction Against Belize Telemedia Limited

Apr 8, http://www.governmentofbelize.gov.bz/press_release_details.php?pr_id=5395

Government of Belize: Acting Chief Justice of Belize, Hon. Mr. Justice Samuel Awich, has granted an interim injunction against Belize Telemedia Ltd and its subsidiary, Belize Social Development Limited, restraining them from enforcing the 'Final Award' issued on the 18th March 2009 by the Arbitration Tribunal constituted by the London Court of International Arbitration to hear disputes between Belize Telemedia Ltd and the Government of Belize.

The injunction further restricts Telemedia and Belize Social Development Ltd from commencing or continuing any other legal or arbitral proceedings whether in or outside of Belize, relating to or arising out of the said Final Award.

The Arbitration Tribunal had awarded Telemedia damages and costs in the sum of about BZ$38.5 million and had also granted certain declaratory reliefs concerning tax and other benefits, based on the so-called 'Accommodation Agreements'.

At the hearing of the application for injunction, the Government had argued that the enforcement of the Award of the Tribunal would amount to a flagrant violation of the Constitution and the Laws of Belize and the public policy of Belize. It will be recalled that ever since the 'Accommodation Agreements' came to light after last year's General Election, the present Government has consistently maintained that these Agreements were illegal and unconstitutional and could confer no rights on Telemedia.

The Government hopes that its position will ultimately be vindicated by the Courts.

LCIA opens office in India

Apr 19, http://newsx.com/story/50557

The London Court of International Arbitration (LCIA) launched its India chapter to redress corporate disputes between Indian and foreign firms out of court. LCIA has become the first institution to open an international arbitration forum to provide efficient and cost-effective solution to the corporate world in India.

Pakistan to move international court against India on water issue

Apr 17, http://www.paktribune.com/news/index.php?id=213740

Pakistan has decided to inform India about its intention to move the International Court of Arbitration and the neutral expert against diversion of Neelum River water to Wullar barrage and faulty design of the Kishanganga hydropower project.

Chávez: the seizure spree continues

Apr 17, http://www2.macleans.ca/2009/04/16/chavez-the-seizure-spree-continues/

In a nationalization spree that shows no sign of abating, Venezuela officially expropriated a Cargill rice processing plant last Thursday. The American-owned plant had allegedly produced a pre-cooked variety as a way to escape government-imposed price controls on ordinary rice. In the past few years, the government has seized oil fields, the largest telecommunications firm, a major power producer, cement plants, a steel mill and a eucalyptis plantation as part of President Hugo Chávez's plan to transform his oil-rich nation into a socialist paradise. Last week, days after the military took control of Venezuela's ports and airports, Chávez announced he was taking over Aeropostal, the private airline.

STS-Service (Malka Oil subsidiary)

Apr 16, http://www.privataaffarer.se/nyheter/Pressmeddelanden/pressmeddelande.xml?intPressReleaseID=138437

By this moment the Arbitral Court of the Tomsk Region gave 9 (nine) judicial acts, come into effect, on collecting overdue accounts payable from STS. Still 11 (eleven) cases have been accepted by the Arbitral Court of the Tomsk region for court proceedings, and court sessions on them must be held during April - May 2009 period. Detailed information about these processes is available on the official web site of the Arbitral Court of the Tomsk Region www.arbitr.tomsk.ru

See also "MALKA OIL DENIES COMMENTS MADE BY VICE CHAIRMAN MIKHAIL MALYARENKO" http://www.malkaoil.se/feed_detail.php?url=http://cws.huginonline.com/M/138739/PR/200904/1305697.xml

Newmont seeks deal with SOEs ministry

Apr 16, http://www.thejakartapost.com/news/2009/04/15/newmont-seeks-deal-with-soes-ministry.html

The State Ministry of State Enteprises has been in intensive talks with the US Newmont Mining Corp. over it's obligatory local divestment of shares.

State Minister for State Enterprises Sofyan Djalil said Tuesday that there were intensive talks going on between PT Newmont Pacific Nusantara president director Martiono Hadianto and deputy minister for mining, strategic industry, energy and telecommunication Sahala Lumban Gaol over the obligatory divestment of shares in the local subsidiary of the giant copper and gold mining firm PT Newmont Nusa Tenggara (NNT).

"But I have not yet received any reports from Sahala on the details of their discussions," he said.

Turkey CCG Sells Stake in Bulgaria Hydro Project

Apr 15, http://www.novinite.com/view_news.php?id=102816

Turkey's CCG, part of the Ceylan conglomerate, has wrapped up talks for the sale of its 30.1% stake in the joint venture set up to implement the long-delayed hydropower project at Gorna Arda river in Bulgaria, a government official said.

Ceylan Holding has also withdrawn its claim for EUR 75 M in damages that it filed with the International Court of Arbitration against the other member in the joint venture - Bulgaria's National Electricity Transmission Company NEK.

Foreign investment limits breach EC rules

Apr 15, http://globalpensions.com/showPage.html?page=gp_display_news&tempPageId=852419

Investment restrictions on Polish Open Pension Funds (OPFs) in other European member states have been found to be in breach of a key European investment law.

Fuwei Films says American Arbitration Association dismissed Hampden Kent's claims without prejudice

Apr 14, http://www.fuweiholdings.com/en/Pressroom/News_content.asp?id=904160906214543

Fuwei Films Announces Dismissal of the HKG Case by the American Arbitration Association

Fuwei Films (Holdings) Co., Ltd., a manufacturer and distributor of high-quality BOPET plastic films located in China, announced the dismissal of Hampden Kent Group LLC ("HKG")'s claims against the Company filed by the American Arbitration Association ("AAA")'s International Centre for Dispute Resolution ("the ICDR"), without prejudice to HKG's right to re-file these claims.

In December 2007, HKG filed a demand for arbitration with the ICDR, seeking a penalty fee against the Company in the amount of $3.8 million, relating to services allegedly performed by HKG in attempting to provide financing to the Company pursuant to an August 19, 2006 agreement between the parties. Pursuant to the agreement, any dispute between the parties was to be resolved by binding arbitration in accordance with the AAA's Commercial Arbitration Rules.

"We are glad the arbitration case is now behind us," said Mr. Xiaoan He, Chairman and CEO of Fuwei Films. "With the case dismissed, we can now devote more attention to our business and use our leadership position in the BOPET industry to accelerate R&D and gain more market share both domestically and overseas."

The arbitration was dismissed because of the nonpayment of the deposits due in accordance with the AAA. The Panel had previously ordered that the case would be terminated on February 6, 2009, if a full deposit of the arbitrators' fees was not received by that date. At the request of HKG, this deadline was twice extended. HKG's recent request for a further extension of time to remit the required fees was denied. The Company had paid all but a nominal amount of its portion of the deposits owed.

15,000th case referred to CEDR Solve

Apr 14, http://www.cedr.com/index.php?location=/news/archive/20090415_324.htm

The milestone case comes almost two decade after CEDR's founding, with the support of the CBI and lawyers committed to creating a new way of resolving disputes in the UK.

AAA's 2008 Caseload Up 8 Percent

Apr 20, http://www.adr.org/sp.asp?id=35937

The total number of cases filed with the American Arbitration Association increased by 8 percent last year, from 127,729 cases in 2007 to 138,447 last year, according to the Association.

The International Centre for Dispute Resolution (ICDR), the Association's international division, saw its highest-ever case filing, with 703 cases, a 13 percent jump from 621 cases in 2007.

Oil and gas - International commercial arbitration and Nigeria's national interests

Apr 21, http://www.ngrguardiannews.com/law/article04//indexn3_html?pdate=210409&ptitle=Oil%20and%20gas
%20-%20International%20commercial%20arbitration%20and%20Nigeria%27s
%20national%20interests&cpdate=220409

Richard Akinjide - OIL and gas are the oxygen and life-blood of the economy of Nigeria. They are sine qua non to our national interests. Many of the disputes arising in petroleum and gas industries are settled through International Commercial Arbitration. In order to give us easy access, user-friendly and fair financial terms for dispute resolution, the international community designated Lagos as the International Commercial Arbitration Centre for West Africa.

Professor James Crawford Awarded the Wolfgang Friedmann Memorial Award

Apr 16, http://www.lcil.cam.ac.uk/news/article.php?section=25&article=931

Congratulations to Lauterpacht Centre for International Law Director James Crawford on becoming the 36th recipient of the Wolfgang Friedmann Memorial Award at a ceremony at the end of March. The Award is presented annually by the Columbia Journal of Transnational Law based at the University of Columbia. Each year the Award honours an individual who has made outstanding contributions to the field of international law.

PODCASTS

IDN 68 -- Appointing Arbitral Tribunals, Part II of III with Thomas Walde

This week, IDN host Mike McIlwrath returns to one of his favorite subjects, gathering information when choosing a neutral. It's the second of a three-part series distilled from Mike's final discussion with arbitration scholar Thomas Walde, who passed away in a household accident last October a couple of weeks after these interviews were recorded. It's a provocative IDN, as the talk turns to the qualification of arbitrators, and how sex and age figure into parties' hiring assessments.

Next Friday, in Part III, Mike and Thomas look at actual arbitrator resumes, and discuss how they evaluate the people they hire.

EVENTS

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.

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.

Programme:

• Introductory remarks by Johan Billiet, President of AIA.
• Energy Charter Treaty: A Brief Introduction to its Scope and Initial Arbitral Awards by Matthew D. Slater, Partner at Cleary Gottlieb Steen & Hamilton LLP.
• The role of Arbitration and the Change in the Price of Energy: Adjustment Clause, Indexation, Hardship Clause and Force Majeure in the Energy Contract by Guy Block, Partner and Head of the Energy Department at Janson Baugniet.
• Alternative Modes of Resolution in the Belgian Energy Sector by David Haverbeke, Head of Energy & Utilities Practice at Lydian Lawyers.
• Arbitration of Energy Disputes. Practitioners' Views from London and Paris, by Paul Oxnard, Partner, Head of Commercial & Dispute Resolution Hammonds LLP London and Benoit Le Bars, Partner at Hammonds Hausmann Paris.
• The Concept of Soft Law in Investment Arbitration, by Aloysius Gng, PhD Candidate, CEPMLP, University of Dundee (UK).
• Potential EU Competence on Investment: Challenges for Investment Arbitration, by Sophie Nappert, Arbitrator, Gray's Inn London.
• Dealing with Sovereigns in the Energy Sector: Some Salient Issues, by Johannes Koepp, Baker Botts (UK) LLP.

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

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

• The Journal of World Investment & Trade (www.wernerpubl.com)
• The Geneva Post Quarterly
• OGEL (www.ogel.org) - TDM (www.transnational-dispute-management.com)

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.

BOOKS

Digest of ICSID Awards and Decisions: 2003-2007

Richard Happ and Noah Rubins
Oxford University Press
Price: £125.00 (Hardback)
ISBN: 978-0-19-955704-2
Publication: March 2009, 320 pages

Provides narrative summaries of decisions and awards from the most important period in the history of investment (and ICSID) arbitration; - Busy practitioners can access key information at a glance with the concise summaries of lengthy decisions and awards, covering both the facts and the ratio decidendi; and The extensive cross-referencing and index allow the reader to easily find decisions/awards confirming or rejecting a certain holding

Investment arbitration has become the primary means of settling disputes between states and foreign investors. The majority of those arbitration proceedings take place before tribunals of the International Centre for the Settlement of Investment Disputes (ICSID). This book provides the reader with concise summaries of the facts and holdings of ICSID Tribunals in the years 2003-2007. Extensive cross-references and footnotes allow the reader to find other awards confirming or rejecting certain holdings, and analytical chapters explain the development of the jurisprudence. Since the average length of an ICSID award exceeds 100 pages, and nearly 20 new decisions and awards are published each year, this book is an indispensable tool for the busy practitioner or academic who needs to be informed about the development of the law.

ISCID Concluded

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

Outcome of Proceeding: Award rendered on April 22, 2009.

Trans-Global Petroleum, Inc. v. Hashemite Kingdom of Jordan (ICSID Case No ARB/07/25)

Subject Matter - Oil exploration concession

Award of the Tribunal Embodying the Parties' Settlement Agreement (April 08, 2009)

Phoenix Action Ltd v. Czech Republic (ICSID Case No. ARB/06/5)

Subject Matter: Metal industry project

Outcome of Proceeding: Award rendered on April 15, 2009.

Malaysian Historical Salvors, SDN, BHD v. Malaysia (ICSID Case No ARB/05/10)

Decision on the Application for Annulment (Apr 16, 2009)

ICSID PENDING

Brandes Investment Partners, LP v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/3)

Status of Proceeding: Pending (the Respondent files a memorial on jurisdiction on April 15, 2009)

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

Status of Proceeding: Pending (the Claimant files a reply on the merits and a counter-memorial on jurisdiction on April 10, 2009)

Mobil Corporation and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/27)

Status of Proceeding: Pending (the Claimant files a counter-memorial on jurisdiction on April 16, 2009)

Europe Cement Investment and Trade S.A. v. Republic of Turkey (ICSID Case No. ARB(AF)/07/2)

Status of Proceeding: Pending (the Respondent files documentary evidence in support of its memorial on jurisdiction on April 17, 2009)

Cargill, Incorporated v. United Mexican States (ICSID Case No. ARB(AF)/05/2)

Status of Proceeding: Pending (the Tribunal declares the proceedings closed in accordance with Article 44(1) of the ICSID Arbitration (Additional Facility) Rules on April 21, 2009)

Elsamex, S.A. v. Republic of Honduras (ICSID Case No. ARB/09/4)

Subject Matter: Highway construction project

Date Registered: April 15, 2009

Status of Proceeding: Pending (Tribunal not yet constituted)

Iberdrola Energía, S.A. v. Republic of Guatemala (ICSID Case No. ARB/09/5)

Subject Matter: Electricity distribution concession

Date Registered: April 17, 2009

Status of Proceeding: Pending (Tribunal not yet constituted)

Vattenfall AB, Vattenfall Europe AG, Vattenfall Europe Generation AG & Co. KG v. Federal Republic of Germany (ICSID Case No. ARB/09/6)

Subject Matter: Power plant construction project

Date Registered: April 17, 2009

Status of Proceeding: Pending (Tribunal not yet constituted)

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

Status of Proceeding: Pending, the parties file statements of costs on April 15, 2009

Tanzania Electric Supply Company Limited v. Independent Power Tanzania Limited (ICSID Case No. ARB/98/8)

Status of Proceeding: The proceeding is supended on April 16, 2009

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

Status of Proceeding: the Argentine Republic files a reply on annulment on April 17, 2009

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

Status of Proceeding: The ad hoc Committee invites the parties to file further observations on the request for an order of protection on April 16, 2009

Daimler Financial Services AG v. Argentine Republic (ICSID Case No. ARB/05/1)

Status of Proceeding: The Respondent files a counter-memorial on the merits on April 17, 2009

Cementownia "Nowa Huta" S.A. v. Republic of Turkey (ICSID Case No. ARB(AF)/06/2)

Status of Proceeding: The Respondent files documentary evidence in support of its memorial on jurisdiction on April 15, 2009

Burlington Resources, Inc. and others v. Republic of Ecuador and Empresa Estatal Petróleos del Ecuador (Petroecuador) (ICSID Case No. ARB/08/5)

Status of Proceeding: The Tribunal holds a hearing on provisional measures in Washington, D.C. on April 17, 2009

Vestey Group Ltd v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/06/4)

Status of Proceeding: Pending (the suspension of the proceeding is further extended on April 13, 2009)

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