issue #12, week 21. 21 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.

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NEWS

JAMS Announces 1st International ADR Center to Provide More Effective Arbitration and Mediation Worldwide

May 20, http://www.jamsadr.com/press/show_release.asp?id=349

New York/Rome - JAMS, the premier mediation and arbitration provider in the United States and ADR Center in Italy announced an agreement to form what will be known as JAMS International ADR Center to provide mediation and arbitration of cross-border disputes and training services worldwide. The first JAMS International ADR Center will have its offices in Rome and New York with additional hearing locations in Geneva, London and Brussels. JAMS plans to establish a network of international centers to provide the same high quality services for which JAMS has become known.

"JAMS has been looking for the right partner in Europe to jump start our entry into that market for some time," said Chris Poole, JAMS President and CEO. "Over the past 10 years, ADR Center has demonstrated the same quest for quality and ethics as JAMS, and we know that this first JAMS International ADR Center will thrive under the current leadership."

China's first international shipping Court of Arbitration in Shanghai (article in Chinese)

http://finance.sina.com.cn/china/dfjj/20090506/21106191301.shtml

Shanghai Securities News reports that the first international shipping Court of Arbitration will be officially opened soon.

Northeast Biofuels auctioned off the rights to its arbitration proceeding against Lurgi Inc

May 19, http://www.syracuse.com/news/index.ssf/2009/05/update_sunoco_wants_to_own_and.html

Northeast Biofuels and its primary contractor, Lurgi Inc., launched arbitration claims against each other over the plant's construction issues. Northeast Biofuels auctioned off the rights to its arbitration proceeding against Lurgi Inc., which designed and built the plant. Lurgi submitted the high bid of $4.1 million, which would go to creditors to settle the arbitration if Cangilos-Ruiz approves, Roach said. See also http://www.syracuse.com/news/index.ssf/2009/05/sunoco_to_buy_and_operate_fult.html

Sallies requests review of $1,2m Honeywell ruling

May 20, http://www.miningweekly.com/article/sallies-requests-review-of-12m-honeywell-ruling-2009-05-20

Fluorspar miner Sallies on Wednesday requested the Federal Supreme Court of Switzerland to review the International Chamber of Commerce Arbitral Tribunal's $1 243 824 finding against it in the case brought by Honeywell International. Sallies also requested the Swiss federal court to instruct the tribunal to reject Honeywell's claim and to approve Sallies counterclaim. The tribunal also dismissed Sallies $3 095 119 counterclaim and awarded interest at 5 % a year from January 19, 2006, until full $1 243 824 payment was made.

PetroRig I sues SembMarine unit for breach

May 19, http://www.businesstimes.com.sg/sub/companies/story/0,4574,333615-1242763140,00.html?

SEMBCORP Marine's US$454 million semi-submersible rig deal with Petromena subsidiary PetroRig I Pte Ltd, which it terminated last month due to a payment default, has turned nasty as PetroRig I has reportedly sued the rigbuilder for breach of contract.

Sembcorp Marine: Unaware of Legal Action by PetroRig

May 19, http://www.easybourse.com/bourse-actualite/marches/update-sembcorp-marine-unaware-of-legal-action-by-petrorig-670171

SINGAPORE -(Dow Jones)- Sembcorp Marine Ltd. has said it is unaware of a lawsuit filed against its unit Jurong Shipyard Pte. Ltd. by PetroRig I Pte Ltd. over termination of a rig construction contract. "Sembcorp Marine is not aware of such an action. Jurong Shipyard Pte. Ltd. has not received any official notice of such U.S. proceedings," Sembcorp Marine said in a statement late Monday.

M3nergy receives arbitration notice

May 19, http://www.btimes.com.my/Current_News/BTIMES/articles/m318/Article/

M3NERGY Bhd said it has received a notice of arbitration issued by Hindustan Petroleum Corp Ltd on May 15. The notice of arbitration relates to an alleged dispute concerning damages for loss of profit, reputation and further disputes with regards the termination of a contract by Oil and Natural Gas Corp (ONGC). M3nergy said it has engaged a legal firm to look into this issue with prospects of a counter claim being made against Hindustan Petroleum.

London Maritime Arbitrators Asscociation 2008 Statistics

http://www.lmaa.org.uk/event.aspx?pkNewsEventID=2caaafc5-e4ad-4382-8f89-d2f025b2f79e

Adjusted figures to reflect the fact that the same arbitration will show up in more than one return if full members involved as part of a tribunal of more than one arbitrator, according to the formulas used previously in producing the figures in the past LMAA Spring newsletters.

Trade disputes double in Dubai

May 18, http://www.thenational.ae/article/20090518/BUSINESS/705189935/1005

The number of trade disputes heard at the Dubai Chamber of Commerce and Industry (DCCI) doubled last month as the credit squeeze made it harder for companies to access finance and pay suppliers on time.

The Dubai International Arbitration Centre received 40 trade dispute cases last month, compared with 20 a month earlier, according to data released by the chamber yesterday.

That took the total number of disputes in the first four months of the year to 80. There were 28 arbitration cases for the whole of last year, the DCCI said in its monthly report.

Legal experts call for reform in Saudi arbitration system

May 18, http://www.arabnews.com/?page=1&section=0&article=122631&d=18&m=5&y=2009&pix=kingdom.jpg&category=Kingdom

Saudi legal experts have urged the authorities to incorporate international arbitration regulations in the Kingdom. Their reasons are that they believe the current Saudi arbitration system, which is awaiting implementation, was prepared a long time ago and that this renders it unsuitable for the increasingly complex needs of the present

Econet challenges sale of V-Mobile shares

May 15, http://www.itnewsafrica.com/?p=2650

The appointment of the final member of an international tribunal to review the sale of V-Mobile Nigeria to Middle East headquartered mobile phone operator Zain, has this week been confirmed by the Chief Justice of the Nigerian Federal High Court. The tribunal will undertake the arbitration using the rules of the United Nations Commission on International Trade Law, known as UNCITRAL.

In a yet further arbitration concerning the disputed sale, a London Court of International Arbitration (LCIA) tribunal has ruled that Zain was under an obligation, if it involved itself in the Econet transaction, to act in good faith so as to ensure the minimum conflict with Econet possible. This decision was recently introduced into the Nigerian proceedings and will be a key document in Econet's claim in the Nigerian courts going forward.

Meanwhile, Econet has also been pursuing its battle through the Dutch courts, where Zain's African operations had its headquarters at the time of the sale.

Petrobangla - Chevron hearing from May 18 to 21

May 15, http://nation.ittefaq.com/issues/2009/05/15/news0267.htm

The three daylong final hearing of long-run dispute between Petrobangla and US based oil company Chevron over 4 per cent wheeling charge for using pipeline will begin in the World Bank's International Centre for Settlement of Investment Disputes (ICSID) in London on May 18, informed sources of the Ministry of Power Energy and Mineral Resources said.

The hearing will be continuing on May 19 and 21, sources said. A team of Petrobangla leaves Dhaka for London yesterday to attend the hearing with Petrobangla Chairman Md Muqtadir Ali while Secretary of Energy Division Mohammed Mohsin will join the team on May 17 in London.

Besides the eminent lawyer Dr Kamal Hussain has already reached in London to fight the case on behalf of Bangladesh side.

EVN filed lawsuit against Macedonia

May 13, http://www.makfax.com.mk/en-us/Details.aspx?itemID=4233

The Austrian EVN confirmed they filed a suit against Macedonia at the Washington Arbitration Court, giving no details as to the compensation they would demand from the government.

"At a press conference held last Thursday, ELEM made it clear they would go ahead with confiscation of EVN's assets, which prompted us to file the complaint against the Republic of Macedonia in Washington," said Stefan Zach, EVN AG Head of Corporate Communications.

see also previous report "Ad-hoc-notification according to § 82 Abs 7 BörseG" http://www.evn.at/Investoren/Pressemeldungen/Ad-hoc-Mitteilung-gema%C3%9F-%C2%A7-82-Abs-7-BorseG.aspx

Perenco Group: Arbitration Tribunal Order Favors Perenco in Ecuador Dispute

May 14, http://www.perenco.com/16-news.html

Perenco Ecuador Limited ("Perenco") announced today that on May 8, 2009, a three member international arbitration tribunal constituted under the auspices of the International Centre for the Settlement of Investment disputes ("ICSID") unanimously ordered that the Republic of Ecuador and Empresa Estatal Petroleos del Ecuador ("Petroecuador") were restrained from instituting or further pursuing any action to collect from Perenco any payments they claim are owed pursuant to Law 42.

Ecuador enacted Law 42 in April 2006. Law 42 and its implementing regulations provide that Ecuador shall receive 99% of the revenues from oil sales above certain reference prices, despite contractual terms that provide it with a much smaller participation share. In April 2008, Perenco commenced an ICSID arbitration against Ecuador and Petroecuador challenging the applicability of Law 42 to Perenco in light of specific contractual commitments and Perenco's rights under a the France-Ecuador bilateral investment treaty. Perenco is represented in the arbitration by the international law firm Debevoise & Plimpton LLP.

On February 19, 2009, Ecuador and Petroecuador commenced a coercive process to collect from Perenco approximately $327 million they claimed were due under Law 42. In March 2009, Petroecuador seized crude oil produced by Perenco and its consortium partner, Burlington Resources Oriente Ltd., from Blocks 7 and 21 in Ecuador, and has threatened to sell that crude oil at auction to satisfy alleged Law 42 debts. The tribunal's May 8 order effectively prevents Petroecuador from conducting the announced auction of seized crude oil.

The tribunal issued its May 8 order after receiving extensive written submissions from the parties, and conducting an oral hearing in Paris on March 19, 2009. Ecuador actively participated in the process, and was represented by the Attorney General's office and external legal counsel.

In its decision, the tribunal found that without provisional measures "Perenco's business in Ecuador would be crippled, if not destroyed." It held: "Having initiated the arbitration to challenge the recoverability of enhanced payments not provided for in the Participation Contracts but demanded pursuant to Law 42, Perenco should not, pending a final decision, be required to choose between making the very payments they dispute and suffering extensive seizure of its oil production or other assets." The tribunal noted that its decision was "fully sanctioned by a long line of legal authority." ICSID will soon publish on its website the tribunal's decision, in English and Spanish. An excerpt from that decision is attached to this press release.

Rodrigo Marquez, Latin American Regional Manager for the Perenco Group, stated: "We are gratified by the international arbitration tribunal's decision." He added, "this decision not only protects Perenco against the loss of the crude oil already seized, but also allows the company to continue producing and selling oil in the future while the tribunal considers Perenco's case. The decision is a strong signal to the market that so long as the tribunal's order remains in place, only Perenco may sell Block 7 and 21 crude."

Commenting on recent statements indicating that Petroecuador would carry out plans to auction crude seized from Blocks 7 and 21 despite the tribunal's order, Mr. Marquez stated: "We have the deepest respect for Ecuador and Petroecuador and trust that they will honor their legal obligations, including complying with the provisional measures order. For Petroecuador to comply with the provisional measures order, it must cancel the auction and return the seized oil to Perenco." He also pointed out that an auction of seized oil was impractical, as "no buyer could now have good title to the seized oil." Should the auction proceed, "Perenco will consider asserting rights against buyers and cargoes," Mr. Marquez elaborated.

While Perenco welcomed the tribunal's decision, it continues to support a negotiated resolution of its dispute with Ecuador and Petroecuador. "We remain open to negotiations with the Government about fair terms for continued operations in Ecuador," said Mr. Marquez. He noted, "Perenco has consistently made clear to the Government that we prefer to have an agreement rather than an arbitration. That remains true today."

The Perenco Group is a privately held upstream oil and gas company. Perenco Ecuador Limited is the operator of Blocks 7 and 21 in Ecuador.

Excerpt from Tribunal's May 8, 2009 Decision in Perenco Arbitration

79. The Tribunal considers that circumstances require it to recommend, and it does recommend, provisional measures restraining the Respondents from:

(1) demanding that Perenco pay any amounts allegedly due pursuant to Law 42;

(2) instituting or further pursuing any action, judicial or otherwise, including the actions described in the notices dated 19 February and 3 March 2009, to collect from Perenco any payments Respondents claim are owed by Perenco or the Consortium pursuant to Law 42;

(3) instituting or pursuing any action, judicial or otherwise, against Perenco or any of its officers or employees, arising from or in connection with the Participation Contracts; and

(4) unilaterally amending, rescinding, terminating, or repudiating the Participation Contracts or engaging in any other conduct which may directly or indirectly affect or alter the legal situation under the Participation Contracts, as agreed upon by the parties.

As from the date of this Decision, the Tribunal's communications of 24 February and 5 March (paragraphs 28 and 35 above) shall cease to have effect.

80. Since the Tribunal may, in a later decision, hold that it has no jurisdiction to entertain this dispute, or that the Respondents are entitled to claim and enforce the enhanced payments required by Law 42, the Tribunal considers that the Respondents should enjoy a measure of security in relation to sums accruing due to them from Perenco (not the Consortium) under Law 42 from the date of this decision forward until such later decision. It considers that such security is best provided by payment of the sums so accruing into an escrow account, from which sums will be disbursed on the direction of the Tribunal or by agreement of the parties. The Tribunal invites the parties to agree the terms and conditions on which such account may be established, and to establish it, within 120 days of the date of issuance of this Decision. If, at the end of that period, the parties fail to agree or act, either party may revert to the Tribunal.

Petroecuador auction of Perenco crude falls flat in wake of ICSID ruling

May 18, http://www.bnamericas.com/news/oilandgas/Petroecuador_auction_of_Perenco_crude_falls_flat_in_wake_of_Icsid_ruling

Ecuador's state oil company Petroecuador did not receive any bids for the 1.44Mb of crude produced by European oil company Perenco and its partner Burlington Resources, the former said in a statement.

Petroecuador to sell seized Perenco oil

May 14, http://www.upstreamonline.com/live/article178358.ece

Petroecuador will move ahead with an auction of 1.4 million barrels of oil seized from France's Perenco despite being ordered not to by the international centre for the settlemend of investment disputes. The auction will take place on 15 May as planned, Byron Galarza said.

Ecuador Studies ICSID Decision To Define Position On Perenco

May 13, http://www.easybourse.com/bourse-actualite/american-internation/ecuador-studies-icsid-decision-to-define-position-on-perenco-US0268741073-667578

Ecuador's government is studying a decision by the International Center for the Settlement of Investment Disputes, or ICSID, which ordered it not to take legal measures against French oil company Perenco until a dispute was settled. Last week the ICSID notified Ecuador it can't take measures against Perenco to recover around $330 million in unpaid windfall taxes until an arbitration process ends.

Tanzania: Judge refuses to dismiss Tanesco plea on Dowans

May 14, http://thecitizen.co.tz/newe.php?id=12525

The High Court yesterday refused to dismiss an application in which the state-run power company is seeking to block the sale of Dowans Tanzania Limited power generating plant. Justice Robert Makaramba of the commercial division of the High Court said Dowans Tanzania Limited has failed to move the court to dismiss the application filed in December last year. The decision means the application will have to be heard inter-parties and decided on its own merits.

Tanesco has already secured interim orders restraining Dowans from selling its plant located at Tanesco premises near the power utility firm headquarters until the matter is determined. Tanesco contested that the application was a counter-action to breach of contract arbitration proceedings Dowans filed against Tanesco at the International Chamber of Commerce (ICC) last November.

Arbitrators to hear Astro suit

May 14, http://www.nst.com.my/Current_News/NST/Thursday/National/2556608/Article/index_html

THE Singapore International Arbitration Centre (SIAC) yesterday ruled that it had jurisdiction to hear a suit by Astro All Asia Networks to recover about RM905 million in support and services from its pay TV joint venture with Indonesian conglomerate, Lippo. The arbitration centre ruling came on the same day the Indonesian South Jakarta District Court ruled that it had jurisdiction over the dispute. In a notice to Bursa Malaysia, Astro said it intended to appeal the Jakarta District Court's decision.

The ICC Institute of World Business Law presents: The Institute's Prize - closing date 1st July 2009

http://www.iccinstituteprize.org/

An understanding of the international aspects of business law is essential to the conduct of responsible business. For more than 20 years, the ICC Institute of World Business Law has been instrumental in strengthening the link between international business and the legal profession.

To contribute to the understanding and progress of international commercial law around the world and to encourage those engaged in focused research on legal issues affecting international business, the renowned ICC Institute of Business Law has launched its Prize. €10 000 will be rewarded for a demonstration of excellent legal writing and outstanding new contributions in the field of international commercial law - including arbitration.

It is open to doctoral dissertations and long essays (around 250 pages). These can be drafted in French or English.

Held every two years, the 2009 edition has now been launched.

More information, jury members, rules and brochure visit http://www.iccinstituteprize.org/

Taiwan Seeks Higher Compensation From Venezuela for Oil Assets

May 12, http://www.bloomberg.com/apps/news?pid=20601086&sid=aFbHblmiiRvM

CPC Corp. said it is seeking increased compensation from the Venezuelan government for oil assets seized in 2007. A payment of $125 million Venezuela put forward is too low, John Hsu said. The Taipei-based company will seek international arbitration if talks with the Venezuelan government fail, he said.

France may want Canadian energy deal

May 12, http://www.theglobeandmail.com/servlet/story/LAC.20090512.BORDER12ART2255/TPStory/National

Knowing that it may take years before the UN tribunal resolves the issue, France's real intention may be aimed at striking a partnership deal with Canada over some of the oil and gas exploration projects in the area.

Fresnillo seeks MAG Silver valuation in 3 weeks

May 15, http://in.reuters.com/article/mergersNews/idINLF70347720090515

Reuters - Mexico's Fresnillo Plc has asked a Canadian authorities to set a three-week deadline for the completion of a valuation of MAG Silver so Fresnillo can make a formal takeover bid.

Fresnillo rejects MAG Silver's statements regarding take over offer

May 11, http://www.rttnews.com/ArticleView.aspx?Id=943535&SMap=1

Silver and gold producer Fresnillo Plc said it strongly rejects the statements made by MAG Silver Corp. on May 8, regarding Fresnillo's proposed take-over of MAG. The group also acknowledged the receipt of arbitration request filed by MAG before the International Chamber of Commerce, and said that the arbitration request stands without merit.

Transcripts PCA Abyei Arbitration available

http://www.pca-cpa.org/showpage.asp?pag_id=1306

A five-member Tribunal has been fully constituted to hear the arbitration between the Government of Sudan and the Sudan People's Liberation Movement concerning the delimitation of the Abyei Area pursuant to an Arbitration Agreement deposited with the PCA on July 11, 2008. The Transcripts of Oral Pleadings (April 18 - 23 2009) are now available for download.

PODCASTS

IDN 71 - Negotiating International Arbitration Procedure (May 16)

In this week's episode, the first of two parts, Roberto Calabresi, a Florence, Italy, litigator, returns to International Dispute Negotiation to join host Mike McIlwrath in playing the role of a claimant in a hypothetical contractual dispute that has gone to arbitration.

Roberto--who in March 2008 appeared on IDN 18, discussing expertise proceedings in civil law countries--negotiates with Mike, who plays the respondent's representative, for the terms of the arbitration that the adversaries are about to undertake. In IDN 71, and next week in IDN 72, Roberto role-plays his representation of an Italian technology equipment supplier that has started an arbitration against a Belgian company.

EVENTS

ICDR Young & International Marks 5th Anniversary with Debate

http://www.adr.org/sp.asp?id=36073

More than 130 attorneys and ADR practitioners attended the Anniversary Program of the International Centre for Dispute Resolution Young & International (ICDR Y&I) held recently in Vienna.

The program, held on April 5, featured a debate on the use of ex parte interim measures in international arbitration. It was co-hosted by the Arbitration Association for Young Lawyers at the Arbitration Institute of the Stockholm Chamber of Commerce.

The take-off point for the debate is a proposed revision in the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) that would allow preliminary orders by arbitral tribunals upon request by a party without notice to the other party.

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

Chaffetz Lindsey LLP to Specialize in International Arbitration, Reinsurance, and Commercial Litigation

May 5, http://www.chaffetzlindsey.com/Chaffetz_Lindsey_Press_Release_5_5_09.pdf

Chaffetz Lindsey LLP opened for business today in New York. The firm will specialize in international arbitration, reinsurance, and commercial litigation. The five founding partners, Peter Chaffetz, David Lindsey, Charlie Scibetta, James Hosking and Cecilia Moss previously practiced together for nine years in the New York Office of Clifford Chance.

"This is a response to how current market conditions have affected our clients," said Chaffetz. "Clients have a greater need than ever for commercially-oriented lawyers who can provide first-tier service from a lower-cost, flexible platform."

Covington Expands Global Arbitration Practice with Gaëtan Verhoosel

May 6, http://www.cov.com/news/detail.aspx?news=1421

Covington & Burling LLP is pleased to announce that Gaëtan Verhoosel has joined the firm's International Arbitration Group as a partner in London.

Foley Hoag Continues Expanding International Practice With Addition of Alberto Wray

May 14, http://www.foleyhoag.com/en/NewsCenter/PressCenter/2009/05/14/Alberto_Wray_Joins_Foley_Hoag_Expands_ICSID_Capability.aspx

Law firm Foley Hoag LLP announced that prominent international arbitration and litigation attorney Alberto Wray has joined the firm as Of Counsel. He joins Foley Hoag's Washington office as a member of the International Litigation and Arbitration Group.

Mr. Wray is a practicing lawyer from Ecuador and a founding Partner of Cabezas & Wray based in Quito, Ecuador. He specializes in international arbitration and litigation. At Foley Hoag, he will be defending sovereign State clients against claims by investors before the International Centre for the Settlement of Investment Disputes (ICSID) and other arbitral tribunals. He joins a practice that has experienced steady growth in recent years, including the addition of Ronald E.M. Goodman, Ph.D. as a Partner in 2007, who arrived with Associate Geraldine Fischer from Winston & Strawn, and Mélida Hodgson, as Counsel, in 2008 from Miller & Chevalier.

BOOKS

French Arbitration Law and Practice 2nd ed

Jean-Louis Delvolve, Gerald H. Pointon, Jean Rouche

ISBN13: 9789041126900
ISBN: 9041126902
Published: May 2009
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Binding: Hardback

Increasingly, and to a greater degree than most national jurisdictions, France encourages and favours private arbitration as the normal and usual method for the resolution of disputes arising from international economic relations. In this new edition of the standard English-language work on French arbitration law and practice, the authors examine this trend as rules and practices developed in international arbitration have taken hold in French domestic arbitration and vice versa.

Accordingly, the authors present the French arbitral process as one entire system of dispute resolution, which consists of various stages from the formation of the arbitration agreement to enforcement of the award, without dividing the subject into the formally distinct parts of domestic and international arbitration. The new edition highlights such features of this dynamic body of arbitration law as the following:-

At each stage the authors emphasize variations arising in international arbitration. The presentation also takes account, with comments at relevant points, of the influential 2006 Draft Reform of the Comité Français de l'Arbitrage. A highly useful annex reprints relevant French legislation with English translation, as well as the texts of major international arbitration conventions and an extensive bibliography.

The objective of the book is to present a modern and efficient arbitration system, not only to readers who are encountering it for the first time, but also to those who, although well-versed in it, might benefit from a text in English, with the comparisons to common law provisions such an undertaking entails. Any practitioner or academic interested in the field of international arbitration and the enforcement of foreign awards will welcome this very useful and informative work.

International Arbitration 2009: Choosing the Place of Arbitration-Geneva, London, New York, Paris, Zurich & Mock Session: Section 1782 and International Arbitration

http://www.pli.edu/product/mp3_detail.asp?id=57545

Price: $49.99

Choosing the Place of Arbitration: Geneva, London, New York, Paris, Zurich & Mock Session: Section 1782 and International Arbitration [02:02:15]

ICSID Pending

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

Status of Proceeding: Pending (the Tribunal holds a first session in Paris on May 13, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the admissibility of evidence on May 13, 2009)

Perenco Ecuador Limited v. Republic of Ecuador and Empresa Estatal Petróleos del Ecuador (Petroecuador) (ICSID Case No. ARB/08/6)

Status of Proceeding: Pending (the Claimant files a memorial on liability on April 10, 2009)

Pantechniki S.A. Contractors & Engineers v. Republic of Albania (ICSID Case No. ARB/07/21)

Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction and the merits in Paris on May 11-12, 2009)

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

Tribunal Reconstituted: April 28, 2009

Horacio A. GRIGERA NAÓN (Argentine) appointed following the resignation of John SAVAGE (British)

Status of Proceeding: Pending (Tribunal recently reconstituted)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction in Paris on May 3, 2009)

Giovanna a Beccara and others v. Argentine Republic (ICSID Case No. ARB/07/5)

Status of Proceeding: Pending (the Claimants file a rejoinder on jurisdiction and admissibility on May 6, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the production of documents on May 12, 2009)

Compañía General de Electricidad S.A. and CGE Argentina S.A. v. Argentine Republic (ICSID Case No. ARB/05/2)

Status of Proceeding: Pending (the suspension of the proceeding is further extended, pursuant to the parties' agreement on May 13, 2009)