issue #11, week 20. 11 May 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.

Comments, suggestions, news?

If you have news, comments or suggestions feel free to send them.

Archived issues

Transnational Dispute Management Linkedin, Twitter, Facebook



Follow us OGEL & TDM on twitter @ogeltdm



Notice 2021: New publication:

Transnational Arbitration Observer (News & Analysis)

Covering international dispute management, arbitration, mediation, investment disputes (ISDS), and more...

TAO Twitter, TAO Linkedin

Launched 2022: Transnational Arbitration Observer (TAO) - https://taobserver.com/ - is a source of daily news and analysis aimed at keeping its readership abreast of recent developments in transnational arbitration (investment & commercial arbitration, mediation, and so forth). It complements the existing Transnational Dispute Management (TDM, ISSN 1875-4120) law journal. Visit https://taobserver.com/ and register for the daily headlines (email) or follow TAO on social media twitter.com/taobserver and linkedin.com/company/taobserver/ Questions? Contact info@maris.nl.

TDM

TDM Recently published

See https://www.transnational-dispute-management.com/journal-advance-publication.asp

Young-OGEMID virtual symposia

Young-OGEMID is a free listserv associated with our Transnational Dispute Management law journal for Students and (junior) Associates - you can apply for your free membership here: www.transnational-dispute-management.com/young-ogemid/

Call for contributions

Recent issues:

NEWS

UN Secretary-General Welcomes Conclusion of Legal Arguments in Sudan Arbitration

May 7, http://www.un.org/News/Press/docs/2009/sgsm12231.doc.htm

The following statement was issued today by the Spokesperson for UN Secretary-General Ban Ki-moon:

The Secretary-General welcomes the conclusion of the written and verbal arguments on the final settlement of the Abyei dispute before the Permanent Court of Arbitration (PCA) in The Hague by the two signatories to the Comprehensive Peace Agreement (CPA), the National Congress Party (NCP) and the Sudan People's Liberation Movement (SPLM).

The Secretary-General commends the reiteration, in the Abyei Roadmap Agreement, of the NCP's and SPLM's commitment to abide by and implement the decision of the Abyei Arbitral Tribunal. He encourages the two CPA signatories to achieve a peaceful final settlement to this dispute and to further strengthen their relationship as partners for peace in Sudan.

Goldstar to sue Proton for breach of contract

May 8, http://news.alibaba.com/article/detail/cars/100099176-1-goldstar-sue-proton-breach-contract.html

Chinese company Goldstar Heavy Industrial Co will begin a lawsuit in China against Malaysian automaker Proton for an alleged breach of contract case, reported the Star newspaper on Thursday. Two companies had already met at the Singapore International Arbitration Centre last month. Yang said regardless of the verdict by Singapore court, the suit would still be heard in China.

MAG Silver Provides Update on Fresnillo "Take-Under" Bid

May 8, http://www.magsilver.com/s/NewsReleases.asp?ReportID=347192

MAG announced that it has filed a formal request for arbitration with the International Court of Arbitration of the International Chamber of Commerce. MAG is seeking urgent relief on the grounds that Fresnillo is attempting to acquire control of MAG on a hostile basis in breach of the standstill provisions contained in the shareholders agreement governing the Juanicipio joint venture. MAG is also seeking relief in relation to other alleged violations by Fresnillo as operator under the shareholders agreement.

Philippines: Appellate court orders firms to proceed with arbitration for Pujada nickel project

May 11, http://www.bworldonline.com/BW051109/content.php?id=045

THE COURT OF APPEALS has ordered the estranged parties in the $2-billion Pujada nickel project in Davao Oriental to proceed with arbitration proceedings. This subsequently nullified the injunction order earlier issued by the Makati regional trial court that prevented mining giant BHP Billiton of Australia, and its subsidiary QNI Philippines, Inc., from entering and operating the 16,000-hectare mineral land in the city of Mati, Davao Oriental held by Asiaticus Management Corp.

GSF Rig 103 subject of a dispute between Transocean and Petzed [pdf]

http://www.deepwater.com/_filelib/FileCabinet/fleetupdate/2009/RIGFLT-May-2009-Summary.pdf?FileName=RIGFLT-May-2009-Summary.pdf

Transocean maintains that the contract remains in full force and effect and is accordingly invoicing the client. The client has to date refused to acknowledge that the contract is in effect, and the rig is accordingly expected to be stacked for an undetermined period of time. Transocean will pursue all available remedies with respect to the matter. Contract rate: 116,000 US$ per day

Argentina makes South Atlantic sovereignty claim

Apr 23, http://www.walesonline.co.uk/news/latest-world-news/2009/04/23/argentina-makes-south-atlantic-sovereignty-claim-91466-23453370/

Argentina staked a claim to a vast area of seabed stretching from South America to the Antarctic in its latest bid for control of the South Atlantic in a historic dispute with the United Kingdom.

British officials were quick to state the claim would have no effect on the sovereignty of the Falkland Islands.

Argentina presented 12 years' worth of research to the United Nations to prove its continental shelf extends up to 150 miles beyond the current 200-mile limit.

French seabed bid necessary for St-Pierre survival, residents insist

Apr 30, http://www.cbc.ca/canada/newfoundland-labrador/story/2009/04/30/seabed-stpierre-430.html

France was to unveil details on Thursday of its bid on the seabed claim, which will be submitted to a United Nations commission on the continental shelf. Canada has already said the claim, which has been expected for weeks, is invalid.

Areva seeks to block Siemens-Rosatom nuclear deal

Apr 30, http://www.petroleumworld.com/story09043014.htm

French nuclear power group Areva said Thursday it had filed a request for arbitration to try to stop Germany's Siemens creating a rival venture with Russian group Rosatom.

Coalcorp Update on Status of Claims

http://micro.newswire.ca/release.cgi?rkey=1704306883&view=97762-0&Start=0

AES Arbitration: In connection with the acquisition of La Francia in February, 2006, the Company assumed a contract dated as of August 30, 2004, as amended on June 16, 2005, for the sale of coal to AES Gener, S.A. ("AES"), a Chilean company for a total of 600,000 tonnes at $31.50 per tonne (the "AES Contract"). On March 15, 2006, the Company notified AES that it was ceasing further shipments to AES under the AES Contract, and on May 26, 2006 AES sent notice to the Company that it considered the Company to be in breach of the AES Contract. The Company and AES attempted to amicably resolve their dispute through negotiations under the AES Contract over the course of the following two years. On December 1, 2008, AES filed a Petition for an Order to Compel Arbitration in the State of New York. Arbitration proceedings have not commenced as of the date hereof and the Company and AES are continuing negotiations with respect to the AES Contract. See also "Coalcorp Declares Force Majeure at La Francia Mining Operations" http://micro.newswire.ca/release.cgi?rkey=1705068978&view=97762-0&Start=0

ENEL Arbitration: Arbitration proceedings were commenced at the ICC International Court of Arbitration on August 9, 2007 with respect to the Company's acquisition of Andean Coal Corporation from ENEL, SpA ("ENEL") pursuant to a purchase and sale agreement dated as of September 29, 2005 between the Company and a subsidiary of ENEL (the "PSA"). The dispute relates to the determination of the amount of the working capital adjustment under the PSA in the amount of approximately $2.2 million. A final decision from the arbitration panel is expected to be rendered on or about April 30, 2009.

Glencore Arbitration: 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") with respect to a coal sales agreement entered into between Glencore and Coalcorp's sales agent GC Coal in February, 2007 (the "February, 2007 Agreement"). 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 and will be seeking unspecified damages. 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. 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.

Centerra Gold Announces Kyrgyz President Signs Legislation Ratifying New Kumtor Agreement

May 5, http://cnrp.ccnmatthews.com/client/centerra/release.jsp?year=2009&actionFor=984698&releaseSeq=0

Centerra Gold Inc. announced that the President of the Kyrgyz Republic has signed the legislation implementing the Agreement on New Terms between the Government of the Kyrgyz Republic, Centerra and Cameco Corporation, details of which were disclosed in the Company's April 24, 2009 news release.

As previously announced, the Agreement on New Terms resolves all outstanding issues with respect to the Kumtor Project and provides additional certainty for continuing operations and future development of the Kumtor Project. This is the first time the Kumtor arrangements have been voted on or approved by Parliament.

Closing of the transactions under the Agreement on New Terms is subject to certain conditions, including that all proceedings before the Kyrgyz courts with respect to the Kumtor Project and all adverse rulings in such proceeding shall have been terminated or vacated and the receipt of any necessary regulatory or other approvals, including TSX approval. The parties have agreed to apply reasonable efforts to close the transaction on or before May 25, 2009.

Kyrgyz Parliament Approves Kumtor Agreement

Apr 30, http://cnrp.ccnmatthews.com/client/centerra/release.jsp?year=2009&actionFor=982114&releaseSeq=1

Centerra Gold Inc. announced that the Kyrgyz Parliament has ratified the Agreement on New Terms between Centerra, the Government of the Kyrgyz Republic and Cameco Corporation, details of which were disclosed in the Company's April 24, 2009 news release. Parliament has also enacted legislation authorizing implementation of the Agreement on New Terms including the new tax regime. The President of the Kyrgyz Republic is expected to sign the legislation in the near future.

As previously announced, the Agreement on New Terms resolves all outstanding issues with respect to the Kumtor Project and provides additional certainty for continuing operations and future development of the Kumtor Project. This is the first time the Kumtor arrangements have been voted on or approved by Parliament.

Closing of the transactions under the Agreement on New Terms is subject to certain conditions, including that all proceedings before the Kyrgyz courts with respect to the Kumtor Project and all adverse rulings in such proceeding shall have been terminated or vacated and the receipt of any necessary regulatory or other approvals, including TSX approval. The parties have agreed to apply reasonable efforts to close the transaction on or before May 25, 2009.

Centerra Gold Reaches Agreement With the Kyrgyz Government and Cameco Regarding the Kumtor Project

Apr 24, http://cnrp.ccnmatthews.com/client/centerra/release.jsp?actionFor=979455&releaseSeq=3&year=2009

Centerra Gold Inc. announced that the Company has reached an agreement (the "Agreement") with the Government of the Kyrgyz Republic (the "Government") and Cameco Corporation ("Cameco") that resolves all of the existing disputes between Centerra and the Government with respect to the Kumtor Project. The Agreement provides for the Government's full commitment to and support for Centerra's continuing long-term development of the Kumtor Project and the Government has agreed not to take any action that deprives Centerra or its affiliates of any of their rights in respect of the Kumtor Project. The Government has advised Centerra that it intends to present the Agreement and draft legislation authorizing the implementation of all of its terms for Parliamentary approval next week and to make a concerted effort to obtain such approval.

On June 2, 2008, the Company reported that the previously announced framework agreements entered into between the Company, Cameco and the Government on August 30, 2007 had not been ratified by the Parliament of the Kyrgyz Republic within the time frame agreed by the parties and had therefore expired. Subsequently, the parties resumed their discussions and negotiations and the current Agreement reflects the outcome of those negotiations.

"This Agreement provides a stable and economically attractive business and operational environment for Centerra and the Kumtor Project. Kumtor, producing approximately 600,000 ounces of gold annually has operated uninterrupted since 1997. As one of the largest gold mines in the world, its 2,300 employees demonstrate the highest levels of productivity, have an outstanding safety record and adhere to the strictest environmental standards. Centerra and the Kyrgyz Republic can be very proud of this operation. We have always worked together for the development of the Kumtor Project and the Government's increased shareholding in Centerra further aligns our interests. Furthermore, this agreement demonstrates the Government's commitment to Centerra and secures the Company's long-term presence in the country," commented Stephen Lang, Centerra President and Chief Executive Officer.

Highlights of the New Agreement

- Provides business certainty for future mining operations at the Kumtor Project and the Government's full commitment to and support for Centerra's growth plans;

- Contemplates the execution of related project agreements to incorporate the provisions of the Agreement including providing for the settlement of all outstanding claims between the parties including those currently the subject of international arbitration;

- Expands the Company's existing concession area to include the area of its exploration and development license. The Government will also support further and additional exploration activity by Centerra and its affiliates in the Kyrgyz Republic by inviting them to consider opportunities to acquire additional exploration and mining licenses;

- Replaces the current tax regime applicable to the Kumtor project with a simplified, new tax rate effective January 1, 2008. Under the new tax regime, gross revenue will be taxed at a rate of 14%, which includes a 1% monthly contribution to the Issyk-Kul Oblast Development Fund. The new tax regime replaces income tax (10% of taxable income), mineral resource tax (5% of revenue), emergency fund tax (1.5% of revenue), road tax (0.8% of revenue), withholding taxes (10-30% depending on the nature of the payment), the Issyk-Kul Social Fund tax (2-4% of taxable income), all customs duties and certain other taxes;

- Provides that Centerra will pay to the Government approximately $22.4 million representing: (i) an $11.0 million difference in taxes payable from January 1, 2008 to December 31, 2008 representing the difference between the taxes paid under the existing tax regime and the taxes that would be payable under the new tax regime, (ii) $1.75 million in full satisfaction of all liabilities or claims of any governmental authority against Centerra or any of its affiliates in respect of any matter arising before the closing of the transactions contemplated by the Agreement and (iii) an advance on taxes of approximately $9.65 million related to 2009;

- Provides that Centerra has agreed to issue to the Government 18,232,615 common shares from its treasury and Cameco has agreed to transfer to the Government up to 25,300,000 common shares of Centerra, which are to be released to the Government upon the satisfaction of certain conditions, including, among other things, if Cameco's interest in Centerra falls below 10,800,000 common shares of Centerra and until that time Cameco retains voting control over approximately 52.7% of the issued and outstanding shares of Centerra. No restrictions have been placed on Centerra's ability to issue common shares in the future;

- Provides for an annual payment of 4% of gross revenue against which all capital and exploration expenditures in the Kyrgyz Republic are fully credited. Expenditures not required for credit in the year are carried forward for credit in future years;

- Provides that upon the closing of the transactions contemplated by the Agreement, Centerra's Board of Directors will be expanded to include an additional independent Director nominated by the Kyrgyz Government.

Closing of the transactions will occur and the Agreement will constitute a legally binding agreement only upon the satisfaction (or waiver) of certain conditions precedent, including the following: (i) the approvals of the boards of directors of Centerra and Cameco and of the Government of the steps required to be taken at closing including definitive documentation; (ii) the execution of restated project agreements; (iii) Parliamentary approval of the Agreement and the required legislation to implement the terms of the Agreement; (iv) all claims and proceedings before the Kyrgyz courts in respect of the Kumtor project shall have been permanently terminated and all orders or rulings made in such proceedings adverse to the Kumtor project shall have been permanently vacated; and (v) obtaining any necessary regulatory and other approvals, including TSX approval.

After closing of the transactions and upon the satisfaction of all conditions to the transfer of shares by Cameco, the Kyrgyz Government could own up to 33.0% of Centerra, Cameco 37.8% and the balance, 29.2%, would be held by the remaining shareholders.

Kenya: Oil companies settle for arbitration in storage case

Apr 29, http://www.bdafrica.com/index.php?option=com_content&task=view&id=14309&Itemid=5812

A case in which oil company Shell has sued the Kenya Pipeline Company for loss of petroleum products worth Sh288 million will now be decided by an arbitrator.

Both companies settled on Mr Norman Mururu who the court ordered to present his finding in 90 days.

Lady Justice Jessie Lesiit asked the parties to give their documents to the arbitrator in 21 days and asked Kenya Pipeline to hand over its defence in two weeks.

Croatia agrees to arbitration in border row, Slovenia reserved

May 08, http://www.earthtimes.org/articles/show/267909,croatia-agrees-to-arbitration-in-border-row-slovenia-reserved.html

The Croatian parliament Friday agreed to international arbitration in a border dispute with Slovenia which has blocked its membership talks with the European Union. An EU member since 2004, Slovenia this year blocked Croatia's accession talks over the dispute dating from the disintegration of the former Yugoslavia in 1991. Slovenia however remains reserved regarding the proposal, with Prime Minister Borut Pahor saying Ljubljana would seek to amend it.

"Arbiters to resolve Slovenia-Croatia border dispute"

Apr 24, http://www.b92.net//eng/news/region-article.php?yyyy=2009&mm=04&dd=24&nav_id=58715

EU Enlargement Commissioner Olli Rehn has proposed that an international arbitration tribunal rule on the Slovenia-Croatia border dispute, says the STA agency. Under the proposal, the agency writes, any agreement on Slovenian access to maritime regions and contact with the open sea would be reached on the basis of international law, good neighborly relations and in adherence to just principles.

Rehn's latest proposal has already seeped into public receiving a warm reaction in Croatia, while media in Ljubljana have called it a defeat for Slovenian diplomacy. Under the proposal, the arbitration tribunal would be made up of five members, one each delegated by Croatia and Slovenia, while the other three would be appointed by mutual agreement.

AAA Introduces New Program for Commercial Insurance Disputes

May 4, http://www.adr.org/sp.asp?id=35983

The American Arbitration Association recently introduced a new dispute resolution service -- the Complex Coverage Neutral Evaluation (CCNE) program -- specially tailored for commercial insurance disputes. The AAA's CCNE is a nonbinding, confidential process that allows policyholders and insurance companies to obtain an objective evaluation of the strengths and weaknesses of their respective cases from an expert third party. The parties select (by mutual agreement) the evaluator from the AAA's Complex Coverage Panel, which is composed of neutrals with insurance industry experience and expertise.

CCNE is ideal for coverage disputes with complicated technical and legal issues that are best considered by an expert in the field instead of a judge or a jury. These cases are typically marked by factual and legal uncertainty, and are expensive to litigate. CCNE also serves as a "reality check" early on in a dispute, which can help parties assess their respective positions and negotiate accordingly.

Arbitration and litigation re Nova Hut and Vitkovice Steel dropped

May 07, http://digital50.com/news/115699

All pending arbitration and litigation regarding the privatisation of Nova Hut and Vitkovice Steel between ArcelorMittal and the Czech government have been dropped.

President Susilo Bambang Yudhoyono pledges to end tax problems in oil and gas sector

May 6, http://www.thejakartapost.com/news/2009/05/06/sby-pledges-end-tax-problems-oil-and-gas-sector.html

President Susilo Bambang Yudhoyono pledged Tuesday to put an end to tax problems in the oil and gas sector in a bid to boost investment. Speaking before oil and gas industry stakeholders, Yudhoyono said his administration was committed to making Indonesia's investment climate attractive for oil and gas investors.

Syria to Chair Arab Arbitration Chamber for Next Three Years

May 6, http://www.zawya.com/story.cfm/sidZAWYA20090507054027

Walid al-Sakka of Jordan was also elected as Deputy Chairman, in addition to 9 members of the Executive Bureau representing Libya, Palestine, Egypt, Sudan, Lebanon and Iraq.

OVL seeks arbitration against Sudan govt

May 03, http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=BusinessSectionPage&id=5b36ce43-d375-4034-9b25-db70417fd4b0&Headline=OVL+seeks+arbitration+against+Sudan+govt

ONGC Videsh Ltd (OVL), the international arm of state-owned Oil and Natural Gas Corporation (ONGC), has decided to invoke arbitration proceedings against the Government of Sudan to settle claims arising from the $200 million (Rs 1,000 crore) petroleum products pipeline project it has executed in that country.

"OVL, with the approval of its board, is invoking arbitration against the ministry of energy and mining (MEM), government of Sudan for safeguarding its interest," OVL informed the petroleum ministry in an April 24 letter.

Lagos okays arbitration court

Apr 26, http://www.vanguardngr.com/content/view/34429/43/

A BILL establishing Lagos State Court of Arbitration and Connected Purposes and another to provide for the resolution of disputes by arbitration and connected matters have been passed into law by the state House of Assembly.

Bolivia nationalizes Air BP operations

May 1, http://www.forbes.com/feeds/ap/2009/05/01/ap6368742.html

One function of the court of arbitration is to promote the resolution of disputes within the territory of Lagos State by arbitration and other alternative dispute resolution mechanism apart from litigation. Bolivian President Evo Morales ordered a government takeover of the local subsidiary of British aviation fuel supplier Air BP on Friday.

Premier Danny Williams demands AbitibiBowater reinstate workers' severance

May 1, http://www.montrealgazette.com/Business/demands+AbitibiBowater+reinstate+workers+severance/1554767/story.html

Premier Danny Williams says his government will not pay AbitibiBowater for its assets until the company promises in a written contract that workers will be taken care of.

AbitibiBowater Submits NAFTA Notice of Intent in Response to Illegal Expropriation of Rights and Assets in Newfoundland and Labrador

Apr 23, http://www.bowater.com/media/latest-news.aspx?detail=true&reqid=1279914

AbitibiBowater today filed a Notice of Intent to Submit a Claim to Arbitration under the North American Free Trade Agreement ("NAFTA") with regards to the expropriation of its assets and rights in Newfoundland and Labrador, Canada. It is the Company's position that the passing of Bill 75, which expropriates the Company's provincial assets and contractual rights to natural resources, by the provincial government was arbitrary, discriminatory and illegal. AbitibiBowater is seeking in excess of CDN$300 million in direct compensation for the fair market value of the expropriated rights and assets, plus additional costs and further relief as the Arbitral Tribunal may deem just and appropriate.

In early December 2008, AbitibiBowater announced various capacity-reduction measures, including the permanent closure of its Grand Falls mill, as a result of the economic downturn and decline in product demand. In retaliation, the province hastily passed Bill 75, without any attempt to consult with the Company and without holding any public hearings.

The Company has asserted in the Notice of Intent that Bill 75 unquestionably breaches Canada's NAFTA obligations on a number of grounds, including among others:

"AbitibiBowater has been operating in Newfoundland and Labrador for more than a century, contributing significantly to the region's economic, social and sustainable development," stated David J. Paterson, President and Chief Executive Officer. "The nationalization of our assets was unexpected and an unnecessary course of action. It came despite our proactive outreach to form a joint working group to address and resolve all issues related to our rights and assets in the province. The Company remains open to seeking a collaborative resolution with the federal and provincial governments."

The expropriation relates to a broad range of AbitibiBowater's rights in Newfoundland and Labrador, including land rights, timber rights, water use rights and various other related rights and business partnerships, and these rights can be traced back in part to grants by the provincial government and its predecessors, as well as to other third-party transactions. In addition to the substantial sums it expended to acquire these rights, the Company has invested hundreds of millions of dollars in the province over the last century, ranging from capital investments in mill operations to road projects that have helped build rural Newfoundland.

Since the Company is incorporated in the state of Delaware and carries out business activities in the United States, the expropriation of rights and assets represents a breach of Canada's obligations to a U.S. investor under Chapter Eleven of NAFTA. The Company has filed this notice as part of the dispute resolution mechanism available under NAFTA and will submit the claim to arbitration in three months, pursuant to the relevant NAFTA provisions, should this matter not be resolved by that date.

"It is our obligation to defend the interests of our shareholders and ensure we receive compensation for the fair market value of the expropriated assets, plus additional damages. With this notice, we have taken the first step in pursuing legal actions," added David Paterson.

Notice of intent: http://www.cbc.ca/news/pdf/nl-nafta-20090423.pdf

Chevron Confirms NY AG Inquiry Into Ecuador Lawsuit Liability

May 6, http://online.wsj.com/article/BT-CO-20090506-717041.html

Chevron Corp. confirmed it received a letter from New York's attorney general inquiring as to whether the company has been frank enough with shareholders regarding its potential liability in the environmental lawsuit it faces in Ecuador.

Venezuela says driller Ensco agrees to cut costs

May 6, http://in.reuters.com/article/oilRpt/idINN0625000320090506

Reuters - Oil services company Ensco has agreed to give Venezuela lower rates for drilling, Venezuela's energy minister said on Wednesday, months after the OPEC nation took over an Ensco rig in a payment dispute.

Venezuela taken over oil services companies

May 8, http://www.petroleumworld.com/storyt09050801.htm

Hugo Chavez Venezuela's president vowed to takeover the oil service companies, just after Venezuela congress approved on Thursday a new law that will give Chavez the right to takeover foreign and local oil services companies.

Venezuelan debt causes Williams loss - considers arbitration

Apr 29, http://www.tulsaworld.com/business/article.aspx?subjectid=46&articleid=20090429_298_0_Willai183941

Williams Cos. Inc said Wednesday that it will take a non-cash impairment of $241 million on its first-quarter books due to the continued refusal of Venezuela's state-run oil company to pay for midstream energy services by the Tulsa natural gas company.

"In the event that Pdvsa does not cure the defaults and does not comply with its contractual obligations to purchase the related assets, Williams will pursue all rights available to it under its agreements, including international arbitration."

PDVSA Takes Wood Group Contract, Squeezes Companies

May 7, http://www.bloomberg.com/apps/news?pid=20601086&sid=aJcH6KgCrE2Q&refer=latin_america

Bloomberg - Petroleos de Venezuela SA took over the contract of energy services company John Wood Group Plc, as the Venezuelan state oil company moved to seize greater control of the petroleum industry.

Venezuela readies law to seize some oil services

May 5, http://www.reuters.com/article/rbssEnergyNews/idUSN0550849520090505

Reuters - Venezuela's Congress on Tuesday gave initial approval for state seizure of a group of oil service companies, upping the ante in a months-long dispute over billions of dollars in unpaid debts.

Venezuelan Constitution entitles foreign investors to request ICSID arbitration

May 5, http://www.vheadline.com/readnews.asp?id=79556

In the new agreements on Carabobo block at the Orinoco Oil Belt to be entered into by Venezuela with foreign partners, there are plans to clear the recourse of arbitration. However, both the Venezuelan Constitution and laws entitle foreign investors to request international arbitration for dispute settlement.

see also http://english.eluniversal.com/2009/05/05/en_eco_esp_oil-firms-could-file_05A2317301.shtml

Attorney General of Ecuador Performs Work Agenda in Washington, D.C.

Apr 23, http://www.marketwatch.com/news/story/attorney-general-ecuador-performs-work/story.aspx?guid=%7B7AC19D70-462D-45E1-B02E-DA05395EEEB0%7D

The Attorney General of the Republic of Ecuador, Diego Garcia, is in Washington, D.C., with the primary objective of representing the Republic at the hearing on the merits in the international arbitration filed by the company ChevronTexaco against the Republic of Ecuador. This hearing is taking place in this city as of April 20th to the 29th. The case is administered by the Permanent Court of Arbitration at The Hague, and the rules of procedure are the rules for arbitration of the United Nations Commission on International Trade Law (UNCITRAL).

Ecuador Files Arbitration Claim Against Odebrecht

May 4, http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/200905042337DOWJONESDJONLINE000525_univ.xml

Dow Jones - Ecuador has filed an arbitration claim against Brazilian construction giant Norberto Odebrecht SA, criticizing work done by the company on the San Francisco hydroelectric plant in Tungurahua province, a government official said Monday. The claim was filed in the Ambato Chamber of Commerce. Ambato is located south of Quito, Ecuador's capital.

Odebrecht defends its rights and reputation against arbitration filed by Hidropastaza

May 5, http://www.odebrecht.com/web/eng/pag_noticias.php?id=1253

Although it has not been formally served, Construtora Norberto Odebrecht (CNO) has been made aware, through the press, of the existence of a lawsuit filed in Ambato - Ecuador, by Hidropastaza S.A., the public utility company in charge of the San Francisco hydroelectric power station. Such lawsuit is the last of a series of unjustified measures adopted by Hidropastaza against Odebrecht.

With regard to the San Francisco Power Station, Odebrecht elucidates as follows:

- Odebrecht is a company of international level and it is a member of a consortium with Alstom and Vatech, both international companies. Said consortium has built the San Francisco Power Station in compliance with each and every contractual specification and has accelerated the time frames provided for in the agreement, as requested and approved by Hidropastaza.

- Hidropastaza formally acknowledged that the Station was sufficiently well built and that the Consortium adequately performed each and every contractual obligation. Based on such acknowledgement, the San Francisco Power Station commenced its operations in June 2007.

- In spite of the correct performance of the Consortium, when problems arose at the San Francisco Power Station in 2008, due to factors that were beyond the control of the Consortium, Hidropastaza rejected the efforts of the Consortium in solving the inconveniences and began a defamation campaign against Odebrecht.

- Hidropastaza disregarded the fact that the Consortium adopted immediate measures that allowed the Station to resume its operations. Such measures had a significant cost for Odebrecht and the Consortium.

- The Ecuadorian government issued Executive Decrees n. 1348 and n. 1383, in which it determined, among other acts, the arrest of Odebrecht assets by the Armed Forces, the termination of all of the infrastructure agreements entered into by Odebrecht in Ecuador and the revocation of the visas or expulsion of several Odebrecht employees and officers.

- In short, Hidropastaza violated the rights of Odebrecht, a foreign investor that has made important contributions to the economic and social development of Ecuador, a country in which it had been operating for 23 years.

- So as to demonstrate its good faith, Odebrecht performed all of the rectifications, including those that were beyond its contractual obligations, ceded its participation in four other infrastructure projects in Ecuador and remained silent.

- Even so, Hidropastaza continued defaming Odebrecht through the press, insistently reaffirming beforehand an unfounded adverse judgment against Odebrecht.

Odebrecht rebuffs the accusations related to the San Francisco Power Station disclosed today by the press and demands that technical audits of the highest level be performed, in view of the fact that it does not acknowledge the validity of the accusations made. At the due time, Odebrecht will make public the result of a technical report to be delivered by one of the most renowned international consulting firms it has engaged for such.

Odebrecht is an international construction company and is willing to demonstrate, especially to the Ecuadorian people, that it has operated with the usual technical quality and good faith in executing and delivering the San Francisco hydroelectric project.

Zimbabwe assets face seizure after tribunal rules for farmers

Apr 27, http://www.telegraph.co.uk/news/worldnews/africaandindianocean/zimbabwe/5232452/Zimbabwe-assets-face-seizure-after-tribunal-rules-for-farmers.html

Air Zimbabwe's passenger jets could be seized at Gatwick airport after an international tribunal ruled that the country's assets could be confiscated and sold in order to compensate farmers whose land has been seized.

Zimbabwe: Assets Seizures Possible to Compensate Dutch Farmers

Apr 28, http://www.swradioafrica.com/news280409/dutchfarmers280409.htm

Zimbabwe's government could soon find its assets seized and sold off, if it is unable to financially compensate farmers whose land was seized as part of Robert Mugabe's land grab.

Crystallex might be preparing lawsuit to regain control of the Las Cristinas

May 5, http://www.vheadline.com/readnews.asp?id=79554

BNamericas.com reports that Canadian miner Crystallex International might be preparing a lawsuit to take before the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) to regain control of the Las Cristinas gold project from the Venezuelan government, a sector executive told BNamericas.

BTA shareholders seek $3 bln from Kazakhstan for takeover

May 6, http://en.ca-news.org/news/54881

The Dutch and Austrian companies filed complaints with arbitration bodies of the United Nations and World Bank against Prime Minister Karim Masimov, the central bank and the Finance Ministry, according to Clyde & Co. LLP, the London-based law firm handling the cases. Arbitration rules prohibit disclosing details of the proceedings, a Clyde lawyer said.

Coalcorp Commences Arbitration Proceedings Against Xira

May 4, http://micro.newswire.ca/release.cgi?rkey=1705048370&view=97762-0&Start=0

Coalcorp Mining Inc. announced that Andean Coal Corporation B.V.I. ("Andean"), a subsidiary of Coalcorp, commenced an arbitration proceeding at the ICC International Court of Arbitration against Xira Investment Inc. ("Xira") by delivering to the International Chamber of Commerce Secretariat a Requisition for Arbitration. The dispute relates to alleged breaches by Xira under a Sale and Purchase Agreement dated June 27, 2008 ("SPA") which sets out the terms upon which Xira purchased 40% of the issued share capital of Carbones Colombianos del Cerrejon S.A. ("CCC") from Andean.

Among the breaches presented in the claim is that CCC management, under the direction of Xira, entered into an extraordinary transaction with an off-shore Panamanian entity. Andean believes this agreement was made without any commercial rationale and without ascertaining the beneficial ownership of the counterparty.

Andean is asking an arbitration panel, among other things, to declare that the SPA is null and void and, in the alternative, an Order requiring Xira to pay damages to Andean for breach of the SPA.

Lois, Godwin (the people) vs Eamon (Ashcroft)

Apr 23, http://www.amandala.com.bz/index.php?id=8505

Belize Telemedia Limited (BTL) scored a victory at the end of arbitration proceedings in the London Court of International Arbitration (LCIA) in March, which awarded the company $38.5 million in damages. It was a victory won hands down, as the company was unchallenged in the proceedings. But now that the arbitration award has been won by BTL, the fight is on home turf, where BTL is facing a string of legal challenges from the Dean Barrow administration, the Public Utilities Commission and now a group of activists who had challenged similar agreements made by the former administration of Said Musa, with BTL's sister company, the Belize Bank.

Henan Provincial High Court Dismisses Danone's Appeal

Apr 29, http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/04-29-2009/0005015301&EDATE=

On 10 April 2009, the Henan Provincial High Court in the second instance decision rejected the claim against Zong Qinghou, Chairman of Hangzhou Wahaha Group Co, Ltd., brought by two subsidiaries of Danone, Myen Pte. Ltd. and Festine Pte. Ltd. So far, Wahaha has defeated Danone 23:0 in their three-year legal dispute.

Rosneft wins $148 mln case against rival Russneft

Apr 24, http://www.guardian.co.uk/business/feedarticle/8471644

Reuters- The Moscow Arbitration court ruled in favour of state oil giant Rosneft in a 5 billion rouble claim ($148 million) against rival Russneft, over the latter's purchase of a former YUKOS unit, the court said on Friday.

YUKOS unit wins $389 mln Dutch ruling vs Rosneft

Apr 29, http://uk.reuters.com/article/oilRpt/idUKLT73368620090429

Reuters - A Dutch court has ordered Russian state oil company Rosneft to pay 13 billion roubles ($389.3 million) to a former affiliate of bankrupted Russian oil giant YUKOS, Kommersant daily reported on Wednesday.

Yukos Could Bankrupt the Kremlin's Reputation

Apr 23, http://www.themoscowtimes.com/article/1016/42/376525.htm

Nearly two months have passed since a second round of charges was brought against former Yukos CEO Mikhail Khodorkovsky. The proceedings in Moscow's Khamovnichesky District Court allege that Khodorkovsky somehow managed to embezzle not only all of the oil that Yukos extracted during the company's existence but also laundered all of the firm's profits, including everything Yukos paid to employees, invested in the modernization of equipment or searching for new oil deposits and the amounts spent on improving the social infrastructure of cities where Yukos was drilling for oil. Now, everyone understands that the absurd charges against Khodorkovsky are politically motivated.

Report and Green paper on the review and application of regulation (ec) no 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters

Apr 21, http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/09/169&format=HTML&aged=0&language=EN&guiLanguage=en

On 21 April 2009, the Commission adopted a report and a green paper on the functioning of the existing rules on jurisdiction of the courts and the recognition and enforcement of foreign judgments. It concludes that time has come to achieve a free circulation of judgments in civil and commercial matters in the European Union on the basis of mutual recognition of judgments among Member States.

Background

In 1968, the Member States of the European Community concluded an international agreement on the basis of Article 220 EC Treaty on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This Convention, known as the "1968 Brussels Convention",[1] aimed at providing the legal support for the good functioning of the internal market. It aims at addressing two key questions which arise in the event of a dispute involving natural or legal persons from different Member States

In 2000, the rules of the Convention were modernised and transformed into a Community Regulation. Today, Regulation 44/2001 ("Brussels I")[2] is the matrix of European judicial cooperation in civil and commercial matters. It is a key instrument for the establishment of a European judicial area and the good functioning of the internal market.

The Regulation covers the civil and commercial field, i.e. patrimonial disputes such as all kind of contracts and civil liability for damages. For example, when a German and an Polish company conclude a construction contract in which they designate the courts of Warsaw to deal with any dispute arising under their contract, the Brussels I Regulation ensures that the choice for the Warsaw courts will be respected, even if, for instance, the building is to be constructed in Berlin; and that the judgment given by the Polish courts will be recognised and enforced everywhere in the European Union.

The Brussels I Regulation does not only cover business relationships; it also lays down protective jurisdiction rules for weaker parties in contracts such as consumers, employees and insured and contains exclusive jurisdiction rules in a limited number of matters such as real property and certain industrial property rights. The Regulation strikes a proper balance between the interests of the various parties involved in a cross-border dispute, by identifying the jurisdiction which is most appropriate to solve the dispute.

The European Court of Justice has jurisdiction to deliver preliminary rulings on the interpretation of both the 1968 Brussels Convention and the Regulation. Up to today, almost 150 rulings have been given, which have to a great extent ensured a uniform application of the Regulation in the Member States.

The Regulation applies in all Member States. The United Kingdom and Ireland have opted in into the Brussels I Regulation. As for Denmark, the European Community and Denmark have concluded a parallel agreement which ensures the application of the provisions of the Regulation in Denmark as of 1 July 2007.[3]

Finally, similar rules are in place with some EEA countries: the 1988 Lugano Convention governing the same subject matter binds the Member States, including Denmark, on the one hand and Iceland, Norway, and Switzerland on the other hand.[4] This latter convention will be replaced, in the near future, by a convention concluded by the Community, Denmark and the above-mentioned States.[5]

The report and green paper and their objective

Art. 73 Regulation 44/2001 requires the Commission to evaluate the operation of the Regulation within five years after its entry into force. The adoption of the report has been postponed in order to allow an empirical and statistical study to be carried out on the operation of the Regulation in all the Member States. In addition, it was considered appropriate to take account of developments at international level, in particular the possibility that the Community concludes the Hague Convention on choice of court agreements, which concerns the scope of the Regulation. An impact study on this convention was carried out in 2008.

The empirical and statistical study carried out by an external contractor shows that the Regulation operates well and is highly appreciated by the courts and practitioners in the Member States. Nevertheless, some difficulties are reported which need to be addressed.

In addition, the political mandate issued by the European Council in the Tampere and Hague programs requires addressing the important political objective to achieve a free circulation of judgments within the internal market.

In this context, the report limits itself to presenting the outcome of the evaluation of the operation of the Regulation. Instead, the green paper outlines possible avenues for moving forward on the points raised in the report. In summary, the report and green paper address the following issues:

The report and the green paper aim at launching a broad public consultation of civil society and Member States on the possible ways to deal with the issues referred to above. The deadline for consultation is 30 June 2009. The Commission's work programme foresees that a proposal for revision of the Regulation may be adopted by the end of 2009.

PODCASTS

IDN 69 - Appointing Arbitral Tribunals, Part III of III with Thomas Walde: The Conversation

Here's the finale 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 after these interviews were recorded. The concluding part covers the goal of the get together: Mike and Thomas look at actual arbitrator resumes, and discuss how they evaluate the people they hire. IDN listeners this week will get an insider's view of how sophisticated international arbitration customers view the tribunal members they're about to hire.

IDN 70 - A Personal Injury Mediation Seen from Three Sides

This week, IDN host Mike McIlwrath opens up about one of his employer's mediations. He does much more than pull back the curtains on General Electric Co.'s ADR processes and procedures in a personal injury case: He gathers the mediator, well-known U.K. neutral Tony Allen, and the employee, Gavin Slesser, of Scotland, who lost his right arm and leg in a workplace accident. Hear what Slesser did to get to mediation, and make it work, as well as why GE decided to mediate the case. And find out what happened in the participants' own words, and how they feel about the results.

EVENTS

CPR Institute Announces the Launch of "YADR" on June 2nd

May 7, http://www.cpradr.org/tabid/45/articleType/ArticleView/articleId/489/Default.aspx

Inaugural Networking Event, featuring IBM, Coca-Cola, Northeast Utilities and Schering-Plough, Set for June 2 in New York. CPR Institute announced the launch of its young and international "YADR" (Young Attorneys in Alternative Dispute Resolution) Group. YADR is a commercial conflict resolution networking and professional development group for practicing lawyers 45 years old and younger.

The purpose of the group is to expose young attorneys to in-house counsel in the international ADR practice area. Through periodic seminars and networking events, participants will gain an insider's look at the role of ADR systems and practices in corporations and multi-national organizations. They will have an opportunity to meet and collaborate with in-house counsel and experts in the ADR field to analyze and hone techniques, processes, and systems to improve commercial conflict resolution efforts around the globe.

ICC Institute launches its first annual Masterclass for Arbitrators 22-24 June 2009

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

This Advanced level training will provide participants with an opportunity to reinforce their knowledge of the fundamentals of international commercial arbitration and to learn about the latest developments and best practices related to serving as an international arbitrator. Participants will have the rare opportunity to learn firsthand from leading practitioners and to develop helpful contacts with arbitration practitioners from around the world. The course will consist of presentations and interactive discussions using mock cases designed to hone participants' understanding of critical theoretical concepts while also emphasizing many practical aspects involved in conducting an international arbitration. It will take place on 22-24 June 2009, in Paris.

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:

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

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

Managing Disputes in International Energy and Infrastructure Projects

May 29, 2009. London, UK.

King & Spalding will host an intensive training course on international energy and infrastructure projects and dispute resolution in its London office. This interactive training course is aimed at sponsors, developers and lenders involved in international construction and engineering projects. You do not have to be a client to attend, and there is no charge.

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.

The Resolution of Tax-related Oil and Gas/Energy Investment Disputes - Latest Developments

Date: 12 June 2009, 4pm - 6.20pm
Venue: Deloitte LLP, London, United Kingdom
Fee: Complimentary but participants must pre-register

Click here for more details and to register: http://www.dundee.ac.uk/cepmlp/gateway/index.php?news=29786

The Association of International Petroleum Negotiators (AIPN), Deloitte LLP and CEPMLP are holding a roundtable discussion on tax-related disputes in the context of investment arbitration as well as double taxation treaties and EU law in the energy sector on 12 June 2009, London.

Members of CEPMLP faculty, Professor PETER CAMERON and Dr ABBA KOLO will be speaking on "Tax Stabilisation and Energy Disputes under Investment Contracts" and "Modern Investment Treaties and Tax-related Energy Disputes" respectively.

This workshop aims to inform participants on the latest developments in tax related disputes arising from investments in the oil and gas or energy sectors. With the increase in investment disputes between host states and foreign investors over the years, tax-related disputes are also on the rise. This is exacerbated by a combination of the boom in energy prices (prior to the current global economic crisis) and resource nationalism on the part of many host states who sought to unwind deals made by previous governments. Most of these claims were filed based upon either an alleged breach of applicable bilateral or multilateral investment treaties or investment agreements.

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.

Second Investment Arbitration Forum "Investment Arbitration in a Changing World"

Instituto de Investigaciones Jurídicas, UNAM
September 3 - 4 2009, Mexico, D.F.
More information is available at the conference website.

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.

Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty, 22-23 October 2009

Brussels, Hotel Le Plaza - Boulevard Adolphe Max, 118-126

In today's energy-dependent world, securing energy investments is a challenge for producer, consumer and transit countries alike. The dramatic breakdown in gas deliveries from Russia to Europe in early 2009 demonstrates the importance of secure transit mechanisms for grid-bound energy investments.

The Energy Charter Treaty (ECT), signed in 1994 and with 53 members, is the only multilateral treaty which covers both investment protection and transit dispute resolution issues.

Following two highly successful conferences in Stockholm in June 2005 and in Washington in May 2007, the Energy Charter Secretariat is pleased to announce this conference, which is organised in conjunction with the Arbitration Institute of the Stockholm Chamber of Commerce, the British Institute of International and Comparative Law, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and the Permanent Court of Arbitration.

This one-and-a-half day conference will take place from 2pm on 22 October until 6pm on 23 October 2009.

More information and contact details available here http://www.encharter.org/fileadmin/user_upload/Conferences/2009_October/LAConf_Online.pdf [pdf]

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 recruits Laurent Gouiffes as partner to bolster expansion of Paris arbitration team

May 7, http://www.legalweek.com/Home/Articles/1197993/Lovells+recruits+AO+counsel+as+partner+to+bolster+expansion+of+Paris+arbitration.html

Laurent Gouiffes, who was a counsel in A&O's litigation department, has joined the top 10 City firm as a partner.

Nathalie Bernasconi joins IISD's investment program

http://www.investmenttreatynews.org/cms/news/archive/2009/04/29/iisd-announcement-nathalie-bernasconi-to-join-iisd-s-investment-program.aspx

The International Institute for Sustainable Development (IISD) is pleased to announce that Nathalie Bernasconi, a Swiss-based international lawyer with an extensive background in trade and investment law, has joined the IISD's program on investment.

Ms. Bernasconi will take over the management of IISD's Investment for Sustainable Development program. The program has been managed since its inception over a decade ago by Howard Mann, who will continue to play a major role in the development and delivery of IISD's work on investment.

"I am delighted to be able to hand over the reins to Nathalie. We have worked together on many occasions in the past few years. I do not think there is anyone better placed to take the program forward into its second decade. I look forward to working with Nathalie, and to the opportunities her joining IISD will create," said Mann

Freshfields announces new counsel appointments

Apr 30, http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=1806

International law firm Freshfields Bruckhaus Deringer is delighted to announce the appointment of ten new counsels, effective 1 May 2009. The new counsels include (Dispute Resolution): Paolo Bertoni (Milan), Boris Kasolowsky (Frankfurt), Christian Konrad (Vienna), Jane Davies-Evans (Paris)

Norton Rose announces 12 partnership promotions

Apr 29, http://www.nortonrose.com/news/latest/news20857.aspx?lang=en-gb

International legal practice Norton Rose Group is promoting 12 associates to the partnership. The new promotions take effect from 1 May 2009, including for dispute resolution: Cecilia Buresti (Milan), Ruth Cowley (Hong Kong), Michael Godden (London).

BOOKS

Singapore Arbitration Legislation Annotated

Robert Merkin
ISBN13: 9781843118190
ISBN: 184311819X
Publisher: Informa Publishing
Country of Publication: UK
Binding: Hardback
Price: £190.00

Singapore Arbitration Legislation - Annotated discusses the Singapore Acts and the Model Law, explaining their background, purpose and how they have been judicially interpreted, using authorities from Singapore, England, Hong Kong, Malaysia, Australia and New Zealand.

The following topics are covered:

ISCID Pending

New: MTN (Dubai) Limited and MTN Yemen for Mobile Telephones v. Republic of Yemen (ICSID Case No. ARB/09/7)

Subject Matter: Operation of a global system for mobile communications (GSM) network

Date Registered: May 01, 2009

Status of Proceeding: Pending

Murphy Exploration and Production Company International v. Republic of Ecuador (ICSID Case No. ARB/08/4)

Status of Proceeding: Pending (the Claimant files a memorial on the merits on April 30, 2009)

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

Status of Proceeding: Pending (the Tribunal holds a first session in New York on May 6, 2009)

Impregilo S.p.A. v. Argentine Republic (ICSID Case No. ARB/07/17)

Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction in Washington, D.C. on May 4-6, 2009)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction in Paris on May 6, 2009)

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

Status of Proceeding: Pending (the ad hoc Committee holds a first session at The Hague on April 27, 2009)

Bosh International, Inc. and B&P, LTD Foreign Investments Enterprise v. Ukraine (ICSID Case No. ARB/08/11)

Status of Proceeding: Pending (Tribunal recently constituted)

Itera International Energy LLC and Itera Group NV v. Georgia (ICSID Case No. ARB/08/7)

Status of Proceeding: Pending (the Claimants file a memorial on the merits and jurisdiction on April 15, 2009)

HOCHTIEF Aktiengesellschaft v. Argentine Republic (ICSID Case No. ARB/07/31)

Status of Proceeding: Pending (the Claimant files a reply on jurisdiction and the merits on April 30, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the application of a non-disputing party to file a written submission pursuant to ICSID Arbitration Rule 37(2) on April 28, 2009)

Saba Fakes v. Republic of Turkey (ICSID Case No. ARB/07/20)

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

Alasdair Ross Anderson and others v. Republic of Costa Rica (ICSID Case No. ARB(AF)/07/3)

Status of Proceeding: Pending (the Respondent files a rejoinder on jurisdiction and admissibility on April 10, 2009)

Barmek Holding A.S. v. Republic of Azerbaijan (ICSID Case No. ARB/06/16)

Status of Proceeding: Pending (following a request by the parties, the Tribunal issues a decision on the further procedure on April 9, 2009)

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

Status of Proceeding: Pending (the Claimants file witness statements in support of their reply of January 14, 2009, on April 17, 2009)

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

Spyridon Roussalis v. Romania (ICSID Case No. ARB/06/1)

Status of Proceeding:

Helnan International Hotels A/S v. Arab Republic of Egypt (ICSID Case No. ARB/05/19)

Status of Proceeding: Pending (Helnan International Hotels A/S files a memorial on annulment on April 22, 2009)

Noble Energy Inc. and MachalaPower Cía. Ltd. v. Republic of Ecuador and Consejo Nacional de Electricidad (ICSID Case No. ARB/05/12)

Status of Proceeding: Pending (the parties request the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) on April 22, 2009)

CIT Group Inc. v. Argentine Republic (ICSID Case No. ARB/04/9)

Status of Proceeding: Pending (the Respondent informs the Centre that it does not object to the Claimant's request for the discontinuance of the proceeding on March 20, 2009)

Total S.A. v. Argentine Republic (ICSID Case No. ARB/04/1)

Status of Proceeding: Pending (the Tribunal decides on the parties' requests for production of documents on April 9, 2009)

EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A. v. Argentine Republic (ICSID Case No. ARB/03/23)

Status of Proceeding: Pending (the Claimants file a reply on the merits on April 30, 2009)

M.C.I. Power Group, L.C. and New Turbine, Inc. v. Republic of Ecuador (ICSID Case No. ARB/03/6)

Status of Proceeding: Pending (the Republic of Ecuador files a rejoinder on annulment on April 27, 2009)

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

Status of Proceeding: Pending (Enron Corporation and Ponderosa Assets, L.P. file observations on the Argentine Republic's reply of April 21, 2009 on April 27, 2009)