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 #16, week 29. 14 July 2009
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

NEWS

Vale Columbia Center Memo to the Obama Administration on "Improving the International Investment Regime" - Still time to sign memo

http://vcc.columbia.edu/projects/#ObamaMemo

In January 2009, the Vale Columbia Center (VCC) sent a Memo to President Obama's Administration on "Improving the international investment regime." The Memo encourages the new Administration to take a look at the current international investment regime and consider several actions that the United States might take to strengthen that regime. A number of these ideas are already on the table, and the new Administration will have to be prepared, in one way or another, to deal with them. Several eminent colleagues at Columbia University signed on to the Memo.

The full Memo, including the signatories from Columbia University, is available at http://vcc.columbia.edu/projects/#ObamaMemo

VCC is making this Memo available to the international investment community and hereby invite colleagues and interested parties from outside Columbia University to sign on to the Memo as well. If you wish to add your name to the Memo, please visit http://vcc.columbia.edu/projects/#ObamaMemo and follow the instructions.

German leader Merkel gives GMA ultimatum

July 13, http://www.philstar.com/Article.aspx?articleId=486274

Pay Fraport now, for our ties depend on it. That is the curt message of Chancellor Angela Merkel to Gloria Arroyo about the unrecompensed German builder of NAIA Terminal-3. Fraport, partly German government-owned, is mired in a needless expropriation case that has dragged since 2004. The Supreme Court earlier had voided its contract to build and operate NAIA-3, and an international arbiter had rejected its damage claims.

West Hawk Provides EnCana Arbitration and Litigation update

July 10, http://www.foxbusiness.com/story/markets/industries/energy/west-hawk-provides-disclosure-update-application-reinstate-trading-1841525110/

As disclosed in the Company's press release dated March 23, 2009, WHE has filed a Demand for Arbitration and commenced a lawsuit against EnCana Oil and Gas (USA) Inc. raising claims under the parties' Drilling and Development Agreement dated May 1, 2006. The arbitration is pending and a hearing is scheduled regarding the litigation for December 7, 2009 in the State District Court.

Peregrine Diamonds Commences Arbitration Over Nanuq North Property, Nunavut

July 9, http://www.pdiam.com/s/PressReleases.asp?ReportID=355405&_Type=Press-Releases&_Title=Peregrine-Diamonds-Commences-Arbitration-Over-Nanuq-North-Property-Nunavut

Peregrine Diamonds Ltd. announces that it has commenced arbitration proceedings against Indicator Minerals Inc. ("Indicator") and Hunter Exploration Group ("Hunter") regarding a dispute which has arisen over a joint venture which covers a portion of the 33,100 hectare Nanuq North property ("Nanuq North") located in Nunavut, Canada. Under the Nanuq North joint venture, Peregrine and Indicator each hold a 40 percent interest in 13,900 hectares of claims ("the Core Claims"). Hunter holds a 20 percent interest in the Core Claims and Peregrine and Indicator are required to sole-fund exploration expenditures on a 50/50 basis through to completion of a scoping study.

Indicator as operator of the Nanuq North joint venture has issued notice to Peregrine that it intends to proceed with a 2009 exploration programme consisting of drilling, till sampling and analytical work with a budget of $2.34 million. Peregrine has not approved the exploration programme and is contesting Indicator's assertion that it has the right to implement the programme and require Peregrine to contribute its 50 percent share of expenditures without Peregrine's approval.

Peregrine has approved a portion of the 2009 exploration programme proposed by Indicator consisting of till sampling and analytical work. The drilling portion of the programme proposed by Indicator consists of drilling the single kimberlite discovered to date at Nanuq North. Peregrine believes that the drilling programme proposed is premature and that the kimberlite should be drilled as part of a larger, future drilling programme that would accomplish additional technical objectives and be completed in a more efficient and cost-effective manner.

Under the arbitration, Peregrine is seeking a determination of Indicator's right to proceed unilaterally with the proposed 2009 programme, the validity of Indicator's notice to Peregrine to contribute its share of the programme expenditures and an order restraining Indicator from acting on the notice and diluting Peregrine's interest in the Nanuq North joint venture.

SLC files arbitration against Nimbus - TV company defaults paying US 3.6 million due for the Indian ODI series

July 10, http://www.dailymirror.lk/DM_BLOG/Sections/frmNewsDetailView.aspx?ARTID=54314

Sri Lanka Cricket (SLC) has filed arbitration action against Singapore based TV Company Nimbus at the Singapore International Arbitration Centre (SIAC) in Singapore for defaulting payments to SLC amounting to millions of dollars, SLC Interim Committee Secretary Nishantha Ranatunga said.

Czech Republic wins CZK 2bn arbitration dispute over TV3

July 8, http://praguemonitor.com/2009/07/09/czech-republic-wins-czk-2bn-arbitration-dispute-over-tv3

The Czech Republic has won an arbitration dispute against Luxembourg's European Media Ventures (EMV) which demanded some Kc2bn from the Czech Republic for lost investment in now no longer functioning regional TV station TV3, Finance Ministry spokesman Ondrej Jakob told CTK. According to Jakob, the decisive phase of the arbitration including the main hearing took place in 2008 and an arbitration award had been in preparations till Wednesday.

Scotland: Central Arbitration Committee has published its Annual Report for 2008-09

http://nds.coi.gov.uk/Content/Detail.aspx?NewsAreaId=2&ReleaseID=404486&SubjectId=2

Sir Michael Burton, the Chairman of the Central Arbitration Committee, reviewed the year by saying:

"Although applications to the CAC have fallen in 2008-09, the CAC continues to aim for the highest quality service it can provide to help employers, employees and their representatives resolve disputes, and has had had its usual share of testing assignments, including the rare experience in dealing with an application for derecognition and a complaint under the European Works Council legislation."

Statutory recognition continues to provide the bulk of the CAC's workload and the report contains statistical and descriptive information about all the CAC's jurisdictions. An on-going survey of customers' views of CAC services indicated that there is a high level of customer satisfaction, with 96% of returned comments expressing satisfaction.

Glen Eagle Wins Right to Proceed to Arbitration

July 8, http://www.globeinvestor.com/servlet/story/CCNM.20090708.541495_1/GIStory/

Glen Eagle Resources Inc. announces that in a written endorsement of the Ontario Superior Court of Justice released on July 6th, 2009, Justice Wilton-Siegel has confirmed his verbal ruling on June 29th that permits Glen Eagle to proceed in arbitration against Kinbauri for Kinbauri's repudiation of the Subscription Agreement between Glen Eagle and Kinbauri dated May 8, 2009 (pertaining to the aborted sale to Glen Eagle of a 45% interest in the El Valle/Carles gold and copper project in northwestern Spain). It should be noted that, to date, the court has not heard a complete evidentiary record to be able to fully consider the evidence Glen Eagle intends to tender at the arbitration (as a full evidentiary record was not required for the court proceedings). Glen Eagle is confident that, once a full evidentiary record is considered, Glen Eagle will be successful in the arbitration.

Mexico Joins the Multilateral Investment Guarantee Agency

July 8, http://www.miga.org/news/index_sv.cfm?aid=2377

Multilateral Investment Guarantee Agency (MIGA), the political risk insurance arm of the World Bank Group, announced today that Mexico has fulfilled all of its membership requirements to become MIGA's 175th member.

Mexico's membership in MIGA means that foreign investments going into Mexico are eligible for guarantee coverage from MIGA, which protects investments against the risks of transfer restriction, expropriation, breach of contract, non-honoring of sovereign financial obligations, and war and civil disturbance. Investors from Mexico going into other developing countries may also receive coverage for their investments from MIGA.

Franprix - Leader Price : the Court of Arbitration rules in favour of Casino

July 7, http://www.groupe-casino.fr/en/Franprix-Leader-Price-the-Court-of.html

The Court of Arbitration ruled that there was just cause to dismiss the members of the Baud family and found that Casino had legitimate grounds to take over operational management of Franprix and Leader Price

Casino Group was today notified of the award rendered by the Court of Arbitration in the case pitting it against the Baud family related to the takeover of operational management of the Franprix and Leader Price businesses by Casino in March and April 2007.

The Court of Arbitration found that Casino had legitimate grounds to remove the members of the Baud family from the management bodies of both of these companies.

The Court was highly critical of the behaviour demonstrated by the members of the Baud family which has been in blatant contradiction with the corporate interests of Franprix and Leader Price. The Court further found them guilty of failing to cooperate with Casino, the majority shareholder.

Based on the Court's award and in accordance with the agreement between the parties, the value of the Baud family's remaining interest in Franprix and Leader Price, respectively 5% and 25%, will be computed on the basis of a multiple of 14 times the average of the 2006 and 2007 earnings of both businesses.

In addition, the Court rejected each and every one of the Baud family's claims, including in particular application of a multiple of 16, together with a variety of claims with respect to damages. As regards Casino's claims for damages, the Court ruled that it is the responsibility of Franprix and Leader Price to petition the courts to remedy the damages suffered, including via the criminal proceedings for misappropriation of corporate assets which these two businesses have already filed against members of the Baud family.

As provided for in the agreement, the final price for the Baud family's stake will be computed by an independent expert (Price Waterhouse) and should reach roughly €420 million, already accounted for in Casino Group's debt as at 31 December 2008.

Casino, which was led to take over the operational management of Franprix and Leader Price in order to protect the financial and labour interests at stake in these businesses, is very pleased to announce that the Court has recognized the legitimacy of its strategic decision and has made it possible for the Group to fully own both companies.

MAAN canvasses patronage for arbitration

July 08, http://www.ngrguardiannews.com/maritime/article04//indexn3_html?pdate=080709&ptitle=MAAN%20canvasses%20patronage%20for%20arbitration&cpdate=080709

THE President of the Maritime Arbitrators Association of Nigeria (MAAN), Mrs. Adedoyin Oyinkan Rhodes-Vivour, has stressed the need for stakeholders in the maritime industry to embrace arbitration as an alternative means of dispute resolution (ADR) in the country.

Arbitration in Singapore if Smartmatic-TIM partnership fails

July 6, http://www.abs-cbnnews.com/nation/07/06/09/arbitration-singapore-if-smartmatic-tim-partnership-fails

The joint venture between the Netherlands-based Smartmatic and its Filipino partner, Total Information Management, will be governed by the rules of a Singaporean arbitration court if the partnership fails, according to the joint venture agreement of the two firms.

Greece PPC to seek arbitration with AoG over the tariff increase issue

July 8, http://www.reporter.gr/default.asp?pid=16&la=2&art_aid=217841

PPC BoD authorized CEO Athanasopoulos to file for arbitration with Aluminium of Greece, over the dispute on the 10% increase on the tariffs for High Voltage users. The arbitration is expected to conclude in the following months. PPC will proceed with arbitration as long as Aluminium of Greece meets its overdue obligations for May. Recall that the two companies are in courts on that issue for over two years.

WTC Site's Developer Threatens Arbitration

July 6, http://www.cbsnews.com/stories/2009/07/06/national/main5138469.shtml

Larry Silverstein, who wants to rebuild three office towers at the site of the Sept. 11 attacks, gave the Port Authority of New York and New Jersey two weeks' notice before he would go to an arbitrator to resolve issues with his lease.

Dubai International Arbitration Centre signs a cooperation agreement with Malta Arbitration Centre

July 7, http://www.ameinfo.com/202981.html

Dubai International Arbitration Centre (DIAC) signed on Monday a Cooperation Agreement with Malta Arbitration Centre to offer the best arbitration services to the business communities in both Dubai and Malta.

Commerce Group Corp. and San Sebastian Gold Mines submit notice of arbitration against El Salvador

July 2, http://www.hotstocked.com/8-k/commerce-group-corp-CGCO-238395.html

On July 2, 2009, Commerce Group Corp. and San Sebastian Gold Mines, Inc., an affiliate which is 82 1/2% owned by the Company, submitted to the International Centre for Settlement of Investment Disputes (ICSID) a notice of arbitration to commence international arbitration proceedings against the Government of El Salvador under the Central America Free Trade Agreement-Dominican Republic ("CAFTA-DR"). The Company received no response to the Notice of Intent to commence international arbitration proceedings it served upon the El Salvadoran Government on March 17, 2009. The Company contends that the government of El Salvador has frustrated its efforts to develop its mining interests in the country of El Salvador in violation of CAFTA-DR. On September 13, 2006, the government of El Salvador, without justification or any forewarning, revoked the Company's permits which it had issued for the San Sebastian Gold Mine exploitation concession and the San Cristobal Mill and Plant, effectively terminating the Company's right to mine and process gold and silver. On October 28, 2008, the government of El Salvador denied the Company's application to extend its exploration permits in connection with the New San Sebastian Exploration License and the Nueva Esparta License. The arbitration will be administered under the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States and under the Rules of Procedure for Arbitration Proceedings of the International Centre for Settlement of Investment Disputes ("ICSID"). ICSID is an affiliate of the World Bank and is headquartered in Washington, D.C.

See also "Notice of Intent to file Claim Under CAFTA-DR" March 19, http://idea.sec.gov/Archives/edgar/data/109757/000010975709000004/0000109757-09-000004.txt

KPMG's Appeal Rejected by Jiangsu Higher People's Court, Marking Danone's Seventh Loss to Wahaha in Three Months

June 25, http://www.foxbusiness.com/story/markets/industries/retail/kpmgs-appeal-rejected-jiangsu-higher-peoples-court-marking-danones-seventh-loss-827962529/

The Higher People's Court of Jiangsu Province recently rejected the appeal lodged by KPMG and its branch firm in Guangzhou and ruled that the original verdict shall be upheld, which marks the end of the hot "KPMG Case" -- Danone vs Wahaha, as well as Danone's 7th loss to Wahaha in three months, considering the same verdicts made for the previous "Henan Case", "Liaoning Case" and "Trade Mark Case".

Sawiris: We are ready for 100 rounds in dispute over Mobinil

July 7, https://www.arabfinance.com//News/newsdetails.aspx?Id=143839

Arab Finance: In a first reaction to the declaration of Orascom Telecom (ORTE) of renouncing the case against France Telecom before the Economic Court in Cairo, FT has announced that what was published regarding the waiver of Orascom Telecom the case against it over Mobinil has no link from near or far to the main issue which is the execution of the rule of international arbitration on the acquisition of all Mobinil's (EMOB) shares.

Orascom to end legal dispute with France Telecom

July 6, http://www.ft.com/cms/s/0/7463b560-69c3-11de-bc9f-00144feabdc0.html

Eygpt's Orascom Telecom yesterday said that it was ending its legal action against France Telecom in an Egyptian court in a long-running battle between the two companies over ECMS, Egypt's largest mobile phone operator.

Iraq's Ambassador to Netherlands holds invitation to the President of the International Court of Arbitration

June 30, http://www.mofa.gov.iq/english/news/display.aspx?newsid=6950

Iraq's Ambassador in Hague Mr. Siamand Abdel Samad Bana'a held an invitation to the president of the International Court of Arbitration in Hague Mr. Christian Croner, Ambassador Bana'a expressed his appreciation to Mr. Croner for his good receiving Iraqi delegations , meanwhile Ambassador Bana'a told the President of the International Court of Arbitration that Iraq Government and most Iraqi Leaders in the new Iraq are serious in solving country's border and water problems , compensation of war and all suspending issues which are caused by the former regime , and solving these problems peacefully and through his court.

Ecuador Proposals as UNASUR Chair

July 10, http://insidecostarica.com/dailynews/2009/july/10/la04.htm

Creation of an intermediation system on foreign investments is one of the initiatives that Ecuador will present once it assumes UNASUR presidency on August 10, the Ecuadorian media announced on Thursday. El Tiempo daily highlighted Ecuadorian Foreign Minister Fander Falconi's words, recalling that his country ended the contract with the International Center for Solving Investment Disputes (ICSID), which depends on the World Bank.

Ecuador Submits a Notice under Article 71 of the ICSID Convention

July 9, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement20

On July 6, 2009, the World Bank received a written notice of denunciation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) from the Republic of Ecuador. In accordance with Article 71 of the ICSID Convention, the denunciation will take effect six months after the receipt of Ecuador's notice, i.e., on January 7, 2010. In its capacity as the depository of the ICSID Convention, and as required by Article 75 of the ICSID Convention, the World Bank has notified all ICSID signatory States of the Republic of Ecuador's denunciation of the ICSID Convention.

Ecuador quits World Bank arbitration tribunal

July 2, http://www.elciudadano.gov.ec/index.php?option=com_content&view=article&id=3649:mediante-decreto-el-presidente-da-por-terminado-convenio-con-el-ciadi&catid=1:actualidad

President Rafael Correa issued a decree "condemning and therefore terminating the Convention on the Settlement of Investment Disputes between States and Nationals of Other States."

Perenco Calls on Ecuador Not to Sell Seized Oil and to Resume Negotiations

July 8, http://news.prnewswire.com/ViewContent.aspx?ACCT=109&STORY=/www/story/07-08-2009/0005056258&EDATE=

Perenco Ecuador Limited today called on the Government of Ecuador to cease efforts to sell oil seized from Blocks 7 and 21 in defiance of orders by international arbitration tribunals, and instead to seek a negotiated solution to the dispute concerning the applicability of Law 42 to Blocks 7 and 21.

Ecuador Proposals as UNASUR Chair

July 10, http://insidecostarica.com/dailynews/2009/july/10/la04.htm

Creation of an intermediation system on foreign investments is one of the initiatives that Ecuador will present once it assumes UNASUR presidency on August 10, the Ecuadorian media announced on Thursday. El Tiempo daily highlighted Ecuadorian Foreign Minister Fander Falconi's words, recalling that his country ended the contract with the International Center for Solving Investment Disputes (ICSID), which depends on the World Bank.

Ecuador Submits a Notice under Article 71 of the ICSID Convention

July 9, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement20

On July 6, 2009, the World Bank received a written notice of denunciation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) from the Republic of Ecuador. In accordance with Article 71 of the ICSID Convention, the denunciation will take effect six months after the receipt of Ecuador's notice, i.e., on January 7, 2010. In its capacity as the depository of the ICSID Convention, and as required by Article 75 of the ICSID Convention, the World Bank has notified all ICSID signatory States of the Republic of Ecuador's denunciation of the ICSID Convention.

Perenco Will Protect Its Rights in Ecuadorian Oil Seized in Defiance of International Arbitration Tribunal Orders

July 3, http://www.newswire.ca/en/releases/archive/July2009/03/c3757.html

Perenco Ecuador Limited announced that it is prepared to take legal action against any company that purchases or transports crude oil the Ecuadorian Government has unlawfully seized.

AAA-FIDAL Study: French Companies Express Satisfaction Over ADR Use

July 6, http://www.adr.org/sp.asp?id=36327

French companies that use alternative dispute resolution processes recognize the benefits of ADR use, such as savings in time and money, according to a study by the American Arbitration Association and FIDAL. Survey results showed that when companies use ADR, especially mediation, they save time and money and often preserve business relationships. The CEOs and legal departments of 70 French companies from different sectors were surveyed for the study. Results of the study, "Dispute-wise Business Management," were discussed at the AAA-FIDAL conference held in Paris on June 16.

AES, Sulgas Claim $1.05 Billion Damages Over YPF Natural Gas Dispute

July 02, http://money.cnn.com/news/newsfeeds/articles/djf500/200907021057DOWJONESDJONLINE000595_FORTUNE5.htm

Brazilian energy companies AES Uruguaiana Empreendimentos SA and Companhia de Gas do Estado do Rio Grande do Sul, or Sulgas are seeking $1.05 billion in damages from Argentine energy company YPF SA (YPF) over disputed natural gas contracts.

NY State Bar's Dispute Resolution Section Issues New Report On Use Of Discovery In Arbitration

http://www.nysba.org/AM/Template.cfm?Section=News_Center&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=27911

Report addresses problem of controlling discovery in domestic commercial arbitration. A new report issued by the New York State Bar Association's Dispute Resolution Section sets forth Precepts that will help arbitrators handle discovery in domestic commercial cases in a cost-effective and fair manner, consistent with the expectation of the parties who select the arbitration process. The Report On Arbitration Discovery in Domestic Commercial Cases can be a significant tool particularly as the use of arbitration grows for large, complex commercial cases, as well as smaller cases.

Among the many arbitration discovery Precepts contained in the report are:

• Arbitrators must exercise judgment to produce a discovery regimen that is specific and appropriate to the given case.
• It is important that ground rules governing an arbitration be clearly established in the period immediately following the initiation of the arbitration. The arbitrator should promptly study the facts and the issues and be fully prepared to preside effectively over the early, formative stages of the case in a way that will ultimately lead to an expeditious, cost-effective and fair process.
• While there can be no objective standard for the appropriate scope of e-discovery in all cases, an early order containing language along the following lines can be an important first step in limiting such discovery in a large number of cases.
• It is also essential for the arbitrator to maintain control of the proceedings and to move the case forward to an orderly and timely conclusion. The arbitrator has many tools that can be used both to ensure the fairness of the proceedings and to prevent disruption in the rare case where one side may withhold its cooperation. Those tools may include, for example, the making of adverse factual inferences against a party that has refused to come forward with required evidentiary materials on an important issue, the preclusion of proof, and/or the allocation of costs.
• It is essential that arbitration discovery disputes be resolved promptly and efficiently because exhaustive discovery motions can unduly extend the discovery period and significantly add to the cost of the arbitration.

To view the Dispute Resolution Section's report visit: www.nysba.org/drreport.

EVENTS

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.

International Commercial Arbitration in Latin America: The ICC perspective 1-3 November 2009

http://www.iccwbo.org/events/display12/index.html?CodeICMS=S0918

Venue: Ritz-Carlton South Beach, Miami FL
Date: 1-3 November 2009

ICC's annual Miami conference will shed light on the latest developments in International Commercial Arbitration in Latin America, the conference will bring together some of the world's leading practitioners and scholars as speakers. Topics this year include: a roundtable on Arbitrating under economic distress, arbitrating natural resources disputes, a special session on developing international arbitration in Latin America: the Brazilian and Mexican experiences and a session on ethics. Participants will benefit from the many networking and social activities organized during the conference.

BOOKS

The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties and Investment Flows

Karl P. Sauvant and Lisa E. Sachs
ISBN13: 9780195388534
ISBN10: 0195388534
Hardback, 800 pages
Published Feb 2009
Price: $125.00 (Available with 20% for TDM/OGEMID members, contact us for details)

In recent years, the treaties and strategies promoting global investment have changed dramatically. The widespread liberalization of economic policy has effectively spurred an increase in foreign direct investment (FDI). By encouraging foreign investors to enter international markets, many countries are witnessing exponential growth within their economies and local industries. The surge of FDI not only brings capital for emerging or growing industries, but it is also capable of boosting the country's economy by creating greater access to financing, more job opportunities, and potential knowledge and technology spillovers.

The basic purpose of concluding bilateral investment treaties (BITs) and double taxation treaties (DTTs) is to signal to investors that investments will be legally protected under international law in case of political turmoil and to mitigate the possibility of double taxation of foreign entities. But the actual effect of BITs and DTTs on the flows of foreign direct investment is debatable.

The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows is a comprehensive assessment of the performance of these treaties, and presents the most recent literature on BITs and DTTs and their impact on foreign investments.

A chapter from this book "BITs, DTTs, and FDI flows: An Overview" is available at http://vcc.columbia.edu/pubs/documents/Overview-SachsSauvant-Final.pdf

Enforcement of Arbitral Awards Against Sovereigns

http://jurispub.com/389/enforcement-of-arbitral-awards-against-sovereigns

Edited by: R. Doak Bishop
ISBN13: 9781933833293
ISBN: 1933833297
Published: July 2009
Publisher: Juris Publishing
Country of Publication: USA

The past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns. Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement. Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns.

One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be enforced. The origin of the client's question is usually based in some knowledge that a state possesses sovereign immunity, along with an uncertain concern about the exceptions to such immunity and the difficulties of enforcement against a sovereign's assets. This uncertainty is understandable, especially in light of the sometimes confusing and even contradictory court decisions in certain jurisdictions. It is these inquiries in their broadest application that form the subject of this treatise. With contributions by eminent and experienced practitioners of the multiple issues that have arisen in various jurisdictions and the key cases that have created the law of enforcement of obligations against sovereigns, this book will provide access to valuable information, add to the transparency of this subject and further spur the consistent development of this area of law.

This book is divided into three parts. The first part is general in nature and includes chapters encompassing the subjects of sovereign immunity in general (including both immunity from jurisdiction and immunity from enforcement), treaty obligations to honor awards, diplomatic protection by a claimant's government to obtain payment of awards, and conciliation and settlement. The second part of the book deals with the means of enforcing awards. Part three of this treatise addresses the enforcement issues that arise in specific jurisdictions in which enforcement against sovereign assets is often sought - in particular, the United States, the United Kingdom, Switzerland, France, The Netherlands, and South America.

Collection of ICC Arbitral Awards 2001-2007

Edited by: Jean-Jacques Arnaldez, Yves Derains, Dominique Hascher
Publisher: Kluwer Law International
Binding: Hardback
ISBN13: 9789041128775
Published: July 2009

The Collection of ICC Arbitral Awards 2001 - 2007 contains extracts of cases handled by the ICC Court of Arbitration, one of the world's most respected arbitral institutions. This most recent collection supplements four previous and successful volumes containing awards from the periods 1974-1985, 1986-1990, 1991-1995 and 1996-2000.

ISCID Pending

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 (i) the Respondent’s request for modification on the Tribunal’s procedural of December 17, 2008, (ii) production of documents, (iii) the procedural calendar, and (iv) the hearing on preliminary objections to jurisdiction on July 8, 2009)

Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/09/2)

Status of Proceeding: Pending, tribunal constituted July 06, 2009

CEMEX Caracas Investments B.V. and CEMEX Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15)

Status of Proceeding: Pending, tribunal constituted July 06, 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 Respondent informs the Centre that it does not object to the Claimants' request for the discontinuance of the proceeding on June 25, 2009)

SAUR International v. Argentine Republic (ICSID Case No. ARB/04/4)

Status of Proceeding: Pending (pursuant to the parties' agreement, the suspension of the proceeding is further extended on July 6, 2009)

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

Status of Proceeding: Annulment Proceeding Registered July 06, 2009. Pending (ad hoc Committee not yet constituted)

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

Status of Proceeding: Pending (the Respondent files a reply on jurisdiction and a rejoinder on the merits on June 5, 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 and issues a procedural order on confidentiality on May 6, 2009)

Gustav F W Hamester GmbH & Co KG v. Republic of Ghana (ICSID Case No. ARB/07/24)

Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction and merits in London on June 29 - July 3, 2009)

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

Status of Proceeding: Pending (the Tribunal declares the proceeding closed on July 6, 2009)

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

Status of Proceeding: Pending (the Tribunal decides on the admissibility of documents on July 7, 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 Claimant files a statement of costs on June 23, 2009)

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

Status of Proceeding: Pending (the Tribunal decides on the modalities of the non-disputing party's participation on June 25, 2009)

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

Status of Proceeding: Pending (the Tribunal holds a procedural session with the parties by telephone conference on June 19, 2009)

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