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

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issue #15, week 27. 02 July 2009
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

NEWS

Kaj Hobér appointed Professor of International Law at the University of Dundee

June 30, http://www.mannheimerswartling.se/en/News/Latest-news/Kaj-Hober-appointed-Professor-of-International-Law-at-the-University-of-Dundee/

Kaj Hobér has been appointed Professor of International Law at the University of Dundee's Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), the renowned graduate school in the field of international business transactions and natural resources and energy law and policy. Increasing globalisation and the growing importance of challenges relating to energy and natural resources have seen a rapid growth in the number and size of commercial and investment disputes in this sector. As the Professor of International Law, Kaj Hobér will be joining CEPMLP's full-time and global faculty to teach and research in the field of international economic law and international dispute settlement from January 2010.

Richard Kreindler appointed Honorary Professor of Law at the University of Münster, Germany

http://www.shearman.com/richard_kreindler_professor/

Richard Kreindler has been appointed this month Honorary Professor of Law at the University of Münster, Germany, one of the renowned law faculties of Germany with a particular emphasis on international public and private law. Kreindler has taught international investment and commercial arbitration and transnational litigation at Münster since 1999 and in recent years introduced seminar courses focused for the first time on international investment arbitration. He has also written and spoken prolifically on these subjects, including at symposia of the University of Münster, most recently in conjunction with the German Institution of Arbitration.

DIFC courts' new rules advance efficient dispute resolution

July 1, http://www.wam.ae/servlet/Satellite?c=WamLocEnews&cid=1241073155921&pagename=WAM%2FWAM_E_Layout&parent=Collection&parentid=1135099399973

The DIFC Courts announced the addition of two new parts to their Rules (RDC) to further enhance the suite of dispute resolution services available at the DIFC. The new Part 53 of the RDC describes the framework for claims before the Small Claims Tribunal (SCT), which is designed to fast-track disputes under AED100,000. Cases in the SCT are resolved in an expeditious, cost efficient manner without the need for lawyers. This allows the SCT to resolve over 90% of disputes in less than two weeks.

ICC Court commences new term

July 1, http://www.iccwbo.org/court/arbitration/index.html?id=4086

The newly appointed members of the ICC International Court of Arbitration today begin their three-year term of office.

TNK-BP Parried a Strike But the Federal Antimonopoly Service Initiated New Cases Against Oil Companies

June 24, http://www.tnk-bp.com/press/news/2009/6/1482/

TNK-BP succeeded in cancellation of a fine of 1.1 billion rubles imposed on the company by the Federal Antimonopoly Service late last year due to monopolistic high prices of gasoline and kerosene. This is the first judgment of the court on the claims of oil companies against the fines of the Federal Antimonopoly Service amounting to a total of 5.35 billion rubles. The cases of Lukoil, Rosneft, and Gazprom Neft are still under consideration at the Arbitration Court of Moscow. However, the court decision in favor of TNK-BP did not change the position of the Federal Antimonopoly Service, which declared that it is initiating new cases against the oil companies related to high oil and gas prices early this year. Yesterday, the Eighth Arbitration Court of Appeal in Omsk decided the case on the fine of 1.1 billion rubles in favor of TNK-BP.

Official launching of the Lagos Chamber of Commerce and Industry's (LCCI) arbitration centre

June 29, http://www.ngrguardiannews.com/business/article13//indexn3_html?pdate=290609&ptitle=How%20arbitration%20can%20boost%20FDI,%20by%20stakeholders&cpdate=290609

How arbitration can boost FDI, by stakeholders - A Well equipped and professionally administered arbitration centre in the country would ultimately correct negative impressions by foreigners on Nigerians' attitude to business and contractual agreements and therefore attract more Foreign Direct Investments (FDI). This was the declaration of stakeholders last week in Lagos, at the official launching of the Lagos Chamber of Commerce and Industry's (LCCI) arbitration centre, which attracted eminent Nigerians, especially from the legal profession.

Kosovo Joins World Bank Group Institutions

June 29, http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/ECAEXT/0,,contentMDK:22230081~menuPK:258604~pagePK:2865106~piPK:2865128~theSitePK:258599,00.html

The Republic of Kosovo became the newest member of the five World Bank Group institutions today, when Kosovar President Fatmir Sejdiu and Prime Minister Hashim Thaçi signed the Articles of Agreement of the International Bank for Reconstruction and Development (IBRD). Kosovo's Minister of Economy and Finance and World Bank officials witnessed the signing ceremony.

Ym Biosciences' subsidiary resolves proposed arbitration with Oncoscience AG

June 29, http://www.ymbiosciences.com/investors/press_releases_item.php?newsid=1302824

YM BioSciences Inc. reported that YM's subsidiary, CIMYM BioSciences Inc. and Oncoscience AG have resolved the issues between the companies in a cooperative effort. CIMYM BioSciences has formally notified Oncoscience that it no longer intends to submit its application to the London Court of International Arbitration for resolution of the matters previously in dispute. "We are pleased that CIMYM BioSciences and Oncoscience have resolved their differences amicably at a minimal cost to either party and that each are committed to cooperate fully in moving nimotuzumab forward clinically with all due deliberate speed," said David Allan, Chairman and CEO of YM BioSciences.

Eizenstat calls for US arbitration commission for Nazi-looted art disputes

29 June, http://www.worldjewishcongress.org/news/globalnews/gn_archives/2009/06/gn_090629_us.html

Stuart Eizenstat, leading the American delegation at the international conference on Holocaust-era assets in Prague, has called for the establishment of a US panel to rule on Nazi-looted art disputes to help claimants achieve fair settlements. "I am more and more convinced, particularly in the art area, that we in the US need some type of arbitration commission," Eizenstat, a former undersecretary for commerce and deputy treasury secretary, said in an interview with the news agency 'Bloomberg'. The panel would "provide some expert judgments on these cases which now go to court in endless litigation," he said.

Foreign investment in Iran guaranteed: official

June 25, http://www.tehrantimes.com/index_View.asp?code=197567

Iranian government guarantees any sort of foreign investment in the country either by Iranians abroad or foreign entities, the deputy finance and economic affairs minister stated here on Wednesday. The government will provide guarantees for the return of original capital and earnings, free transferability of profits, as well as protection against non-commercial risks such as expropriation and nationalization.

Scotland: MSPs consider arbitration laws

June 25, http://www.scotsman.com/latest-scottish-news/MSPs-consider-arbitration-laws.5400146.jp

Measures to update arbitration laws are due to come before MSPs. Ministers have said they hope the Arbitration (Scotland) Bill will attract more international business to Scotland.

Hong Kong: Arbitration reforms proposed

June 24, http://news.gov.hk/en/category/lawandorder/090624/html/090624en08012.htm

The Department of Justice proposes amending the law of arbitration to make it more user-friendly and upgrading it with international practices and developments. The proposal, to be gazetted June 26 in the Arbitration Bill, will attract more business parties to conduct arbitration proceedings in Hong Kong and promote the city as a regional centre for dispute resolution.

Golden Tag Resources gives ECU Silver Mining Inc. notice of arbitration to enforce rights in the san diego property joint venture

June 23, http://www.goldentag.ca/news/GOGPR%20Jun%2023%2009%20F.pdf

Golden Tag Resources Ltd. has given a formal notice to ECU Silver Mining Inc. ("ECU") demanding arbitration consequent upon having determined that ECU, the operator of their San Diego joint venture has failed to remedy fundamental breaches of the option and joint venture agreement (the"JVA"), signed on November 2, 2005 in respect of the San Diego property.

The silver zinc rich property is located in the Velardena Mining District, Municipality of Cuencame, Durango State, Mexico (the "Property"). Golden Tag's counsel in a letter dated March 20, 2009 notified ECU of these breaches and Golden Tag subsequently received assurances that the breaches would be rectified within the requested 30 day period. Despite several follow-ups, the breaches have not been remedied. Golden Tag is fully vested in a 50% Property interest under the JVA.

Among the breaches of ECU which Golden Tag believes will be substantiated at arbitration are that ECU:

(A) Allowed a third party charge against the Property contrary to the JVA.

(B) Invoiced Golden Tag for joint-venture expenses but did not remit the funds to pay joint venture suppliers on a timely basis, some suppliers still being unpaid.

(C) Failed to timely contribute its equivalent pro rata share of funding to the joint venture.

(D) Failed to follow proper procedures and timely financial reporting.

Due to these significant breaches, Golden Tag plans to seek the right to assume operatorship of the Property, dilution of the interest of ECU and/or compensatory damages and other relief.

...

ECU Silver Responds to Notice of Arbitration

June 25, http://www.ecu.ca/s/NewsReleases.asp?ReportID=353682&_Type=News-Releases&_Title=ECU-Silver-Responds-to-Notice-of-Arbitration

ECU Silver Mining Inc. announces that it has received a Notice of Arbitration from its San Diego Property joint venture partner, Golden Tag Resources Ltd., wherein Golden Tag is seeking to refer certain matters, pertaining to the operation of the joint venture, to arbitration for resolution. ECU Silver questions the basis for certain of the assertions made, and conclusions sought, by Golden Tag in the Notice. ECU Silver further questions the motives of Golden Tag in serving the Notice without prior warning, particularly given that ECU Silver has been acting in good faith to address certain of the concerns raised by Golden Tag.

ECU Silver intends to vigorously contest the Notice and the conclusions sought therein. The San Diego Property is one of three properties that are controlled by ECU Silver, and is the smallest and least developed of the three. It is also the only property in connection with which ECU Silver has a joint venture partner. The San Diego Property is primarily a base metal deposit, with silver as a co-product. Currently, ECU Silver is not mining or milling any material from the San Diego Property.

Court calls retrial in Rosneft case against Russneft

June 24, http://in.reuters.com/article/oilRpt/idINLO5033820090624

A Moscow court ordered a new trial in a 5 billion rouble case brought by state-run giant oil firm Rosneft against Russneft. ... In April, the Moscow Arbitration Court ruled in favour of Rosneft, which is disputing Russneft's purchase of the Zapadno-Malobalykskoye production unit from YUKOS.

Arbitration will settle Fortescue 'rows'

June 23, http://news.smh.com.au/breaking-news-business/arbitration-will-settle-fortescue-rows-20090623-cv4j.html

Fortescue Metals Group Ltd is confident it can avoid lengthy legal battles with several shipping companies related to cancelled contracts, through arbitration in coming months. The iron ore miner offered shipping services to its steelmaker customers but suspended 10 long-term ship charter contracts in December, triggering the disputes with the shipping companies.

Nigeria: Agoro Set to Sue FG Over FRSC

June 21, http://allafrica.com/stories/200906221563.html

The National Chairman of the Conference of Nigeria Political Parties (CNPP) Dr. Olapade Agoro is set to take the Federal Government before the International Chamber of Commerce, Arbitration Division in London over alleged failure of the authorities to give him acknowledgment on the use of his intellectual property.

Impact of Ecuador ICSID Exit

June 30, http://www.latinbusinesschronicle.com/app/article.aspx?id=3502

How significant is Ecuador's planned withdrawal from ICSID? Ecuadorean President Rafael Correa said last month his country would withdraw from the Washington-based International Center for the Settlement of Investment Disputes, charging that Icsid allows companies to bypass Ecuadorean courts. Ecuador is currently facing more than $12 billion worth of arbitration complaints at Icsid, many of them from energy companies. Can Ecuador successfully withdraw from ICSID? What options would that leave for companies with arbitration proceedings currently pending in ICSID? Would the move make companies less willing to invest in Ecuador? Three experts share their insights: Carla A. Hills, chair and CEO of Hills & Company, International Consultants; co-chair of the Inter-American Dialogue and former US Trade Representative. Kevin P. Gallagher, a professor at Boston University and co-editor of Rethinking Foreign Investment for Sustainable Development: Lessons from Latin America. Jonathan C. Hamilton, Jonathan C. Hamilton is a Washington-based partner of White & Case LLP. He advises clients on matters involving investments in Ecuador.

Ecuador Will Become Member of ALBA On June 24

June 22, http://www.easybourse.com/bourse-actualite/marches/ecuador-will-become-member-of-alba-on-june-24-688651

President Rafael Correa said Ecuador will become a member of the Bolivarian Alternative for the Americas, or ALBA, this week. Other nations in ALBA, which was formed in 2004, include Cuba, Bolivia, Honduras, Nicaragua, and various smaller nations in the Caribbean. Correa said ALBA membership will allow Ecuador to join with other nations to confront international arbitration processes.

Ecuador threatens to expell oil firms

June 21, http://news.theage.com.au/breaking-news-world/ecuador-threatens-to-expell-oil-firms-20090621-cs6g.html

Ecuador's president on Saturday threatened to expel foreign oil firms which launch legal challenges against his government. "The policy is going to be: gentlemen if you bring legal cases against us, very well, but you will get out of the country," he said during a television and radio address.

An ICSID Tribunal Ruled That While Negotiating the New Contract Between REPSOL and the Republic of Ecuador, Arbitration Should Not Interfere With Such Negotiations

June 24, http://news.prnewswire.com/ViewContent.aspx?ACCT=109&STORY=/www/story/06-24-2009/0005050046&EDATE=

Ecuador's Attorney General announced that Ecuador has been notified with the decision of the Arbitral Tribunal on the provisional measures requested by REPSOL in the arbitration process filed against Petroecuador and the Republic of Ecuador. The Republic considers the Tribunal's decision to be a significant victory in its effort to proceed to a new negotiated relationship with the consortium led by REPSOL.

Despite the signing of the modificatory contract between the Government and the Company on March 12, which culminated in the suspension of the enforcement collection proceeding, REPSOL continued to press the Tribunal to order Ecuador to withdraw the enforcement collection proceeding that had been initiated for the recovery of the existing debt by the Company, in application of Ecuadorian Law.

The Republic of Ecuador, in contrast to the position held by the company, argued before the Tribunal that the enforcement collection proceeding had been suspended once the Consortium submitted a payment plan, and does not pose any threat for the operation of the company as long as the Company complies with its commitments to pay the installments of past due excess price payments. After hearing the parties the Tribunal declined to grant REPSOL's request and instead accepted the position of Ecuador's legal defense, that the enforcement collection proceeding should be left undisturbed.

The Attorney General also stated that the Republic of Ecuador has no reservation in acceding to the Tribunal's request to timely notify the Tribunal in the event that there is any change to the current stay of the enforcement collection proceeding.

The Tribunal also recognized the validity of the agreement between the Government and REPSOL not to push forward the arbitration in a consistent manner with the position of the Republic. The Tribunal fixed the date for submission of the memorials of the Republic of Ecuador, several months after the end of the year of negotiations agreed by the parties. REPSOL, nonetheless, will incur in expenses and efforts required to present its arguments until December of this year.

The Attorney General from the Republic of Ecuador concluded that portends a fruitful process of negotiations between the Government and the Company in the remaining period, and that he will be prepared to respond in a timely manner before the Tribunal in the event that such negotiations fail.

SOURCE: Office of the Attorney General of the Republic of Ecuador

Fresnillo Withdraws Offer For MAG Silver - Update

June 22, http://www.tradingmarkets.com/.site/news/EUROPEAN%20MARKETS/2382176/

On May 8, MAG said it had filed a formal request for arbitration with International Court of Arbitration of the International Chamber of Commerce, 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. MAG also requested the Ontario Securities Commission, or OSC, to prevent Fresnillo from carrying on with its takeover bid, if Fresnillo refuses to comply with any document production order.

Orascom Telecom gets $4.9 million in compensation

June 23, http://www.albawaba.com/en/countries/Egypt/248729

Orascom Telecom Holding SAE announced on that it reached settlement with the Republic of Chad and has received $4.9 million in satisfaction of an International Chamber of Commerce (ICC) panel award issued in OTH's favor in the arbitration action brought by OTH against Sotel Tchad, the Chadian fixed telecommunication line operator, and the Republic of Chad.

Egypt hopes FT, Orascom agree on Mobinil

June 24, http://af.reuters.com/article/investingNews/idAFJOE55N02420090624

The Egyptian minister of communications and information technology told Reuters on Tuesday that he hopes France Telecom and Orascom Telecom can work out their dispute over the ownership of Egyptian mobile operator Mobinil.

BP Warns Bolivia After Takeover of Aviation Fuel Unit

June 19, http://www.laht.com/article.asp?ArticleId=337542&CategoryId=14919

LA PAZ - BP has warned the Bolivian government that it will launch arbitration proceedings unless an agreement is reached providing fair compensation for the nationalization of aviation fuel unit AirBP, local daily La Prensa reported Thursday.

The British oil major sent a letter on May 15 to socialist President Evo Morales informing him that if an agreement is not reached "within six months" either party could bring a claim before an international tribunal.

Croatia's HEP's Big Victory Over Slovenia

June 19, http://www.javno.com/en-economy/croatias-heps-big-victory-over-slovenia_266384

Due to the Krsko nuclear power plant's failure to deliver electricity, Croatia's power company HEP filed and won an international lawsuit. After several years of a legal battle Croatia's power company HEP launched against the Republic of Slovenia for a delay in the delivery of electricity from the Krsko nuclear power plant in 2002 and 2003, the International Centre for Settlement of Investment Disputes (ICSID) in Washington ruled in favour of the Croatian company. The dispute against Slovenia has been lasting for several years and the process lasted for three and a half years. It had a lot of motions and two hearings.

Czech state involved in arbitrations worth CZK 24bn

June 18, http://praguemonitor.com/2009/06/19/%C4%8Dr-involved-arbitrations-worth-czk-24bn

The Czech state has been involved in 15 arbitration proceedings, with damages claims worth around Kc24bn, according to information CTK obtained from the Finance Ministry. The biggest damages are claimed by the company Invesmart in an arbitration case over a breach of the agreement on the protection of investment associated with the declaration of bankruptcy and liquidation of the bank Union banka.

EVENTS

42nd session of UN int'l trade law body opens in Vienna

June 29, http://news.xinhuanet.com/english/2009-06/29/content_11621411.htm

The 42nd Session of UN Commission on International Trade Law (UNCITRAL) opened here Monday, with finalizing and adopting the UNCITRAL Notes on cooperation, communication and coordination in cross-border insolvency proceedings high on its agenda.

ICC to hold international commercial arbitration workshop 28 September to 1 October 2009

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

ICC will be holding a workshop on ICC arbitration proceedings that will highlight ICC practices, the differences in cultures, and legal procedures through a mock case in Paris.

Sri Lanka hosts arbitration confab with Singapore on June 27 2009

June 22, http://www.lankabusinessonline.com/fullstory.php?nid=929353307

Sri Lanka is hosting an international conference on arbitration with the Singapore International Arbitration centre on June 27, the island's Association of Corporate Lawyers (ACL) said.

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.

Ethics, Issue Conflicts and Arbitrator Challenges

http://www.biicl.org/events/view/-/id/376/

Friday 11 September 2009 09:00 to 15:30
CBI Centre, First Floor, Centre Point Tower, 103 New Oxford Street, WC1A 1DU

In recent times ethical issues have featured prominently in investment treaty arbitration. Parties have challenged arbitrators on numerous occasions, in different forums, national and international (most recently in Hrvatska Elektroprivreda, d.d. v. Slovenia; EDF v Argentina awards and the NAFTA case Grandriver Enterprises v USA) and on a variety of grounds. The conference will review and analyze the emerging practice on relevant matters such as repeat appointments, issue conflicts, duty of disclosure, financial interest, same-chamber barrister participation and others, with a view to discern good practices in this area for both counsel and arbitrators.

Düsseldorf International Arbitration School, September 21st - September 25th 2009

The last decades of the twentieth century have seen a phenomenal boom in international arbitration, with all the hazards and vagaries that come with sudden success. Anyone dealing with business transactions crossing borders now needs to be familiar with the special features of international commercial arbitration. The five-day Düsseldorf International Arbitration School aims at providing young practitioners, post graduates and advanced students – especially Moot Court participants – with the requisite specific knowledge. The School is based on a highly practical, inter-active teaching concept. Participants get the rare opportunity to improve their skills and knowledge in both the law and practice of international commercial arbitration.

More information at http://www.jura.uni-duesseldorf.de/arbitration

6th Annual Seminar on International Commercial Arbitration - How to Handle a BIT Arbitration

October 13 - 16, 2009. Washington, DC.
http://www.wcl.american.edu/arbitration

This four-day intensive seminar based on a mock arbitration case will provide critical skills and practical insight into handling BIT arbitration cases primarily under the auspices of the International Centre for Settlement of Investment Disputes (ICSID). Through dynamic interactive lectures and scenario-based exercises, participants will have the opportunity to work in small groups in constant debate with international experts and will be taught skills, strategies, and tactics for successfully conducting a BIT arbitration. The seminar is co-sponsored by the International Court of Arbitration of the International Chamber of Commerce (ICC); the American Arbitration Association; and ICSID.

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.

MIDS opening lecture by Professor Emmanuel Gaillard on 28 September 2009

http://www.mids.ch/

On 28 September 2009 the Geneva Master in International Dispute Settlement Opening Lecture of the academic year speaker will be Professor Emmanuel Gaillard - Professor at the University of Paris XII, Chair of Shearman & Sterling's International Arbitration practice, Chair of the International Arbitration Institute - who will speak of philosophical aspects of dispute settlement mechanisms under the title "The Representations of International Arbitration". The lecture will start at 6.30 pm and will take place at the Graduate Institute of International and Development Studies, 132 rue de Lausanne in Geneva. Details regarding registration and other practicalities will be announced early September.

BOOKS

Investment Treaty Arbitration and International Law - Volume 2

Ian A. Laird and Todd Weiler, Editor
350 pages. 1 Hardcover Volume. Index.
Published: July 2009.
ISBN-13: 978-1-933-833-26-2
List Price: $125.00 20% Discount available until July 7th 2009 for TDM/OGEMID members, contact us for instructions.

About the Book: Investment treaty arbitration has rapidly grown over the past ten years and the resulting tribunal decisions have made an important contribution to international law and dispute resolution. This publication contains the papers and proceedings of Juris Conferences' Second Annual Conference on Investment Treaty Arbitration and reflects a trend that also exists in investment treaty arbitration: a coming together of the new and the familiar. The conference format included a group of eight "up and coming" members of the investment treaty arbitration bar, who drafted the papers that appear in the chapters of this book. The topics of their papers were discussed and debated amongst a group of investment arbitration veterans, many of whom are currently drafting the awards and treatises that have and will form the corpus of international investment law. Their contributions to this project can be found in the four-session transcripts also contained within this volume.

The four topics addressed in this volume are cutting edge issues in the field and will be directly relevant to the work of practitioners and academics for years to come. They include: - Arbitrators and Issue Conflict - Treading a Tightrope of Legitimacy?; - Do Municipal Investment Laws Always Constitute a Unilateral Offer to Arbitrate?; - Annulment and Judicial Review - How "Final" Is an Award?; - Fair and Equitable Treatment; - Evolution or Revolution?

Included in the volume are the luncheon remarks of Judge Stephen M. Schwebel on the topic: "The Provenance and Performance of Investment Treaty Arbitration"

The ICSID Convention: A Commentary, Second Edition

by Christoph Schreuer with Loretta Malintoppi, August Reinisch and Anthony Sinclair

Cambridge University Press, lxxiv+1524 pp., available from July 2009, c.£200.00

This unique compendium offers an article-by-article commentary to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-host State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention and academic writings on the subject. The first edition of this work has been relied upon by numerous arbitral tribunals. This second edition follows the same system and approach, but extensive updates reflect the vast increase in arbitral practice since the publication of the first edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention.

• Contains thorough analysis of the extensive case-law
• Provides a unique and rapid reference to investment arbitration cases and other relevant material
• Detailed article-by-article coverage of the entire Convention uses cross-references to make the information easily accessible

Contents

1. International centre for settlement of investment disputes;
2. Jurisdiction of the centre;
3. Conciliation;
4. Arbitration;
5. Replacement and disqualification of conciliators and arbitrators;
6. Cost of proceedings;
7. Place of proceedings;
8. Disputes between contracting states;
9. Amendment;
10. Final provisions.

ICSID Concluded

Saipem S.p.A. v. People's Republic of Bangladesh (ICSID Case No. ARB/05/7)

Outcome of Proceeding: Award rendered on June 30, 2009.

ICSID Pending

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

Status of Proceeding: Pending (the Tribunal issues a procedural order on provisional measures on June 29, 2009). Available on the ICSID Website

EVN AG v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/09/10)

Status of Proceeding: Pending (the Claimant files observations on its request for provisional measures on June 18, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning provisional measures on June 17, 2009, Available on the ICSID Website

Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12)

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning provisional measures on June 18, 2009)

RSM Production Corporation v. Central African Republic (ICSID Case No. ARB/07/2)

Status of Proceeding: Pending (the Claimant files observations on the Respondent's preliminary objections on June 11, 2009)

El Paso Energy International Company v. Argentine Republic (ICSID Case No. ARB/03/15)

Status of Proceeding: Pending (the Tribunal appoints an independent expert on June 15, 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 ad hoc Committee holds a hearing on annulment in Washington, D.C. on June 8, 2009)

Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12)

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents on June 29, 2009)

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

Status of Proceeding: Pending (the Claimant files observations on the procedural calendar for the written procedure on June 26, 2009)

Railroad Development Corporation v. Republic of Guatemala (ICSID Case No. ARB/07/23)

Status of Proceeding: Pending (the Claimant files a memorial on the merits on June 26, 2009)

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

Status of Proceeding: Pending (the Claimants file a rejoinder on jurisdiction and admissibility on June 15, 2009)

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

Status of Proceeding: Pending (the Arab Republic of Egypt files a counter-memorial on annulment on June 19, 2009)

Sempra Energy International v. Argentine Republic (ICSID Case No. ARB/02/16)

Status of Proceeding: Pending (the Argentine Republic files a reply on annulment on June 29, 2009)

Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Argentine Republic (ICSID Case No. ARB/97/3)

Status of Proceeding: Pending (Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. file a rejoinder on annulment on April 24, 2009)

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