issue #18, week 34. 20 August 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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Recent issues:

NEWS

Russia cannot walk away from its legal obligations

http://www.ft.com/cms/s/0/c63d918a-8b8d-11de-9f50-00144feabdc0.html

Prof. Emmanuel Gaillard: Almost unnoticed, Vladimir Putin, the prime minister, announced in July that Russia will withdraw from the Energy Charter Treaty. This is a significant setback for its European partners. Since its adoption in 1994, the ECT has established a unique balance and a level playing field in the energy sector for all 50 partners, including Russia.

ICDR-Singapore Announces Office Move

Aug 17, http://www.adr.org/sp.asp?id=36482

The International Centre for Dispute Resolution (ICDR) office in Singapore is moving to the state-of-the-art Maxwell Chambers, home to a number of international ADR institutions, in Singapore's business district.

Anheuser-Modelo arbitration set for this month

Aug 13, http://www.ab-inbev.com/press_releases/20090812_1_e.pdf

On 16 October 2008, Grupo Modelo, Diblo S.A. de C.V. and the Grupo Modelo series A shareholders filed a notice of arbitration, under the arbitration rules of the United Nations Commission on International Trade Law, against AnheuserBusch, AnheuserBusch International Inc. and AnheuserBusch International Holdings Inc. ("ABIH"). The notice of arbitration claimed the transaction between AnheuserBusch and InBev violated provisions of the 1993 investment agreement, governed by the law of the United Mexican States, between the Anheuser Busch entities, Grupo Modelo, Diblo and the series A shareholders.

It seeks postclosing relief, including among other things, an award barring the Anheuser Busch entities from exercising certain governance and other contractual rights provided to them under the 1993 investment agreement and granting claimants damages of up to 2.5 billion USD. We believe that the claims are without merit because among other things there is no change of control clause in the investment agreement and no sale or transfer of the shares of Grupo Modelo and Diblo held by ABIH occurred. The arbitration proceeding is scheduled for August 2009 and will take place in New York City.

Dubai construction claims total $4.9bn

Aug 16, http://www.arabianbusiness.com/564910-dubai-construction-claims-total-49bn

Some AED18bn ($4.9bn) worth of construction claims are estimated to be pending in Dubai, according to an official at the Dubai International Arbitration Centre (DIAC).

Criteria for Admission to ACICA Panel of Mediators

Aug 07, http://www.acica.org.au/downloads/ACICA Mediation Panel Criteria.docx

ACICA has promulgated its criteria for admission to the ACICA Panel of Mediators. If you are interested in applying to join the Panel of Mediators, please contact the Secretary General.

Siemens To Withdraw $200M ICSID Suit Against Argentina

Aug 12, http://www.tradingmarkets.com/.site/news/Stock%20News/2476823/

Siemens AG will drop a case against Argentina's government in the World Bank's International Center for Settlement of Investment Disputes, or Icsid, local newspaper Infobae reported Wednesday.

Iran Mulling over Nullification of Gas Deal with UAE

Aug 12, http://english.farsnews.com/newstext.php?nn=8805210848

FNA - In case the Emirati side continues insistence on its position over the Crescent gas deal with Iran, Tehran will file a complaint with an international court against the UAE's Crescent Company, an Iranian legislator announced on Wednesday.

IFC Helps Establish Cambodia's First National Arbitration Center to Resolve Commercial Disputes

Aug 10, http://www.ifc.org/ifcext/media.nsf/content/SelectedPressRelease?OpenDocument&UNID=BF9525619E3044238525760E004D7137

Phnom Penh, Cambodia - IFC, a member of the World Bank Group, and Cambodia's Ministry of Commerce today signed a Memorandum of Understanding (MOU) to implement a three-year project to set up a National Arbitration Center to resolve business disputes and bolster confidence in the commercial system.

The National Arbitration Center will be the first commercial arbitration body in Cambodia offering the business community an alternative commercial dispute resolution mechanism to the courts and enabling businesses to resolve their disputes quickly, inexpensively, fairly, and with certainty. It thus promises to enhance the private sector's comfort level with engaging in business transactions.

IFC will support the establishment and operation of the center for the first three years, in collaboration with the Asian Development Bank and other partners. The support will include advisory services to the Secretariat of the Inception and Selection Commission in selecting and training an initial group of arbitrators, establishing procedures, and supporting the center's initial operations.

"The government has worked hard to create the legal framework for alternative dispute resolution by passing the commercial arbitration legislation in 2006 and recently issuing a sub-decree on the operations of the National Arbitration Center," said Cham Prasidh, Senior Minister and Minister of Commerce, speaking at the signing ceremony. "We are committed to supporting its development, and I believe it will be an effective mechanism for resolving commercial disputes."

Trang Nguyen, Head of IFC Advisory Services in the Mekong, said, "IFC is pleased to work with the Ministry of Commerce and the private sector on this important initiative. As the Cambodian economy grows and there are more commercial transactions, a streamlined dispute resolution mechanism gives the private sector more comfort to engage in business transactions."

In Cambodia, IFC Advisory Services are delivered in partnership with the European Union, Finland, Ireland, New Zealand, the Netherlands, and Switzerland.

Arbitration cheaper option to settle property disputes (UAE)

Aug 09, http://www.business24-7.ae/Articles/2009/8/Pages/08082009/08092009_5f76c53795984dd692a5448ed72ec74f.aspx

Arbitration has become a cheaper option for property buyers in case of disputes with the final verdict having limited grounds to be challenged in the UAE courts, according to legal experts.

High Resolution Technology & Petroleum has instituted arbitration proceedings in London against a subsidiary of Chariot Oil & Gas

Aug 3, http://www.chariotoilandgas.com/chariot/media/press_releases/2009/2009-08-03/2009-08-03.pdf

On 12th June 2009, Chariot, an independent oil and gas exploration group, announced that its wholly owned subsidiary Enigma Oil & Gas Exploration (Pty) Limited ("Enigma") had terminated its services agreement with High Resolution Technology & Petroleum Ltda ("HRT"). The contract was legally terminated due to numerous breaches of that agreement - including the failure by HRT to supply certain data which it was required to provide - which were brought to the attention of HRT but which they failed to rectify.

In further breach of the services agreement, HRT has also failed to allow Enigma proper access to HRT's books of account to audit the amounts which have been charged by HRT under the services agreement and which Enigma has disputed on various grounds.

Despite considerable effort by Enigma to resolve the dispute with HRT, HRT has repeatedly failed to co- operate or to comply with its obligations under the services agreement.

Instead, on 31 July 2009, HRT commenced ICC arbitration proceedings against Enigma in London and is claiming damages including approximately US$11 million from Enigma for termination of the services agreement and for unpaid invoices. Enigma will vigorously defend HRT's claim on the grounds that HRT has not properly performed its obligations under the services agreement and will be bringing substantial counterclaims against HRT on account of their various breaches. Enigma welcomes the opportunity to present its case to arbitration in order to bring these matters to an end and has instructed Allen & Overy LLP to act on its behalf.

Chariot has provided $2.9m in its accounts at 28 February 2009 for the work which HRT claimed to have completed at that time, and has no requirement to seek additional funding at this time.

Exploration work continues across all of Chariot's licences offshore Namibia. The seismic acquisition programme in block 2714A is progressing well and the processing of the 2D and 3D data acquired in the Central and Northern blocks is on schedule. Chariot remains focused on developing the potential of its blocks and fully committed to moving the business forward.

Amkor Commences Arbitration Proceeding Against Tessera

Aug 7, http://www.earthtimes.org/articles/show/amkor-commences-arbitration-proceeding-against-tessera,919689.shtml

Amkor Technology, Inc. announced that it has filed a request for arbitration in the International Court of Arbitration of the International Chamber of Commerce ("ICC") against Tessera, Inc. Amkor has undertaken this action in order to obtain declaratory relief confirming that it is a licensee in good standing under its 1996 license agreement with Tessera (the "License Agreement") and that the License Agreement remains in effect. In the request for arbitration, Amkor is also seeking damages and injunctive relief against Tessera for tortious interference with Amkor's customer and other business relationships, including false and misleading statements questioning Amkor's status as a licensee under the License Agreement.

The License Agreement was the subject of a prior ICC arbitration between Amkor and Tessera. The final award in this prior arbitration was issued in January 2009 and covered the period through December 1, 2008. Amkor satisfied in full this obligation when due in February 2009. Although the royalty payment for the six month period ended June 30, 2009 is not due until August 14, 2009, Tessera has recently made repeated statements claiming that Amkor is in breach of the royalty provisions of the License Agreement. Amkor has informed Tessera that it is in full compliance with the License Agreement and of its intent to continue making the royalty payments when due in accordance with the terms of the License Agreement.

Obama administration announces arbitration panels for Katrina, Rita disputes

Aug 6, http://www.nola.com/news/index.ssf/2009/08/obama_administration_announces.html

Creation of three-judge panels to settle big-ticket infrastructure funding disputes between the Federal Emergency Management Agency and state and local governments still rebuilding from the 2005 Gulf Coast hurricanes. Congress this year authorized creation of an arbitration system for infrastructure projects related to hurricanes Katrina and Rita.

US: Federal arbitration an option for Rita claims

Aug 7, http://www.chron.com/disp/story.mpl/hurricane/ike/6563796.html

Texas victims of Hurricane Rita with more than $500,000 in disputed claims can withdraw from the controversial FEMA claims process and turn to a federal arbitration panel to get a quick, independent and binding decision within five months, Homeland Security Secretary Janet Napolitano said Thursday. The new approach providing binding arbitration is designed to end stubborn disputes over Katrina and Rita relief that persist four years after the storms inflicted more than $100 billion in damage.

ICC Tribunal orders Cukurova to deliver Turkcell Holding shares to TeliaSonera

Aug 7, http://www.teliasonera.com/press/pressreleases/item.page?prs.itemId=440219

An arbitration tribunal of the International Chamber of Commerce has issued an award stating that Cukurova must deliver all the remaining shares in Turkcell Holding to TeliaSonera for a cash consideration of USD 3.1 billion. The arbitration tribunal further determined the lost value for TeliaSonera if the shares are not delivered to USD 1.8 billion.

TeliaSonera now intends to enforce the award against Cukurova in Turkey. If the shares are not delivered, TeliaSonera will demand damages from Cukurova in the amount of USD 1.8 billion, which is the value for TeliaSonera of a lost transaction as determined by the arbitration tribunal.

TeliaSonera does not yet know if Cukurova is willing to, or able to, proceed with a transfer of the shares to TeliaSonera, but a quick resolution of the ownership dispute is not to be expected.

In March 2005, an agreement was announced in which Cukurova agreed to sell all the remaining shares in Turkcell Holding to TeliaSonera for a cash consideration of USD 3.1 billion, which would increase TeliaSonera's effective ownership to 64,3 percent in Turkcell from 37,3 percent. The recent award results from an arbitration proceeding in Geneva that TeliaSonera commenced in May 2005 against Cukurova after Cukurova withdrew from the transaction.

A partial award was issued by the arbitration tribunal in January 2007, stating that a binding share purchase agreement was concluded in 2005 and obligated Cukurova to join TeliaSonera in good faith efforts to bring about a closing of the transaction. Cukurova has not acted in order to bring about a closing and the tribunal has now ordered Cukurova to deliver the shares to TeliaSonera.

Revised Investment Law Could Make Difference for Liberia

Aug 6, http://www.liberianobserver.com/node/393

...

The new draft of the Investment Law will also put Liberia on par with good global practices, enabling her to compete with other economies for scarce investment resources. It will:

- Provide investor guarantees that enshrine protection against expropriation, provide for prompt, adequate and fair compensation in the event of expropriation; permit repatriation of capital and fruits of enterprise, provide for protection of intellectual property, etc.

- Rationalize, standardize and bring transparency in the awarding of incentives by making the conditions and criteria clear (not based on discretion as it is now).

- Open the economy to foreign investment and create foundations for Liberia to comply with World Trade Organization rules and the advantages this can bring; and

- Provide more efficient and transparent ways for the private sector to resolve disputes using international mechanisms and practices.

...

Interview with the Honorable Charles N. Brower

Aug 5, http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=August&artYear=2009&EntryNo=9969

The Editor of The Metropolitan Corporate Counsel interviews the Honorable Charles N. Brower, Arbitrator, 20 Essex Street Chambers, London.

India: Foreign investment law in the works

Aug 6, http://economictimes.indiatimes.com/News/Economy/Foreign-investment-law-in-the-works/articleshow/4861698.cms

The government is working on a proposal to introduce a new legislation relating to foreign investment aimed at removing the distinction between various categories of overseas capital, a move intended to ensure stability in policy and help Indian firms attract long-term capital.

Energy overshadows Caspian border disputes

Aug 5, http://www.upiasia.com/Energy_Resources/2009/08/05/Energy-overshadows-Caspian-border-disputes/UPI-37721249491814/

Sabit Bagirov, the former president of the State Oil Co. of Azerbaijan Republic, said it is unlikely the dispute will be resolved at the international level, the Trend news agency in Azerbaijan reports.

SHUAA Capital proceeds with litigation in respect of OHO investment

July 8, http://www.shuaacapital.com/shuaa/WebForms/DisplayNewsContent.aspx?ID=91137

SHUAA Capital psc announced that it has filed a legal claim at the Dubai International Arbitration Centre against Mohamed Abdel-Khaleq Mohamed Abu Al Haj and Orion Holdings Overseas Limited ("OHO") for breach of obligations in respect of the Company's investment in OHO, a DIFC-based entity. SHUAA acquired a 20% minority shareholding in OHO in February 2008.

The damages sought relate mainly to the losses incurred by SHUAA Capital on its investment.

Since the acquisition, SHUAA Capital has charged AED 115.9 million in losses through its accounts. The value of the 20% minority stake in OHO was fully provided for in the Company's accounts as of 31 March 2009.

SHUAA's action follows extended efforts to resolve its claims amicably with all of the concerned parties. In a related matter, Petra Invest Ltd., a shareholder in OHO and a related party to Mohamed Abdel-Khaleq Mohamed Abu Al Haj, has filed a claim against the Company with the DIFC courts. The Company considers the Petra filing to be a nuisance claim that is without merit and will be vigorously contested.

Developer sends ground zero impasse to arbitration

Aug 4, http://www.miamiherald.com/news/nation/AP/story/1171276.html

A monthslong dispute over who should pay to build office towers at the World Trade Center site is headed to arbitration after a developer called Tuesday for a binding ruling on a standoff that threatens to stall ground zero rebuilding. Larry Silverstein is seeking September hearings in the argument over a 3-year-old agreement that lets him build three office towers.

DynCorp Spars With Qatari Company Over Arbitration Award

Aug 05, http://www.law.com/jsp/law/international/LawArticleIntl.jsp?id=1202432769557&DynCorp_Spars_With_Qatari_Company_Over_Arbitration_Award

In a case revolving around the quirks of Qatari arbitration law, U.S. military contractor DynCorp is trying to stop a federal judge in Washington from enforcing a $1.1 million award handed down by the International Chamber of Commerce's International Court of Arbitration, arguing that it was invalidated by the emirate's highest appeals court. The only catch? The arbitration took place in Lebanon, not in Qatar.

Canada-Peru Free Trade Agreement (FTA) entered into force on August 1 2009

Aug 4, http://w01.international.gc.ca/MinPub/Publication.aspx?lang=eng&publication_id=387445&docnum=214

August 4, 2009 (10 a.m. EDT) - No. 214 - Minister Day Announces Canada-Peru Free Trade Agreement

The Honourable Stockwell Day, Minister of International Trade and Minister for the Asia-Pacific Gateway, today announced that the Canada-Peru bilateral free trade agreement (FTA) came into effect on August 1, 2009.

"Ensuring free and open trade is vital to international efforts to halt the global recession," said Minister Day. "Our economic prosperity depends on creating new opportunities through open markets, and this free trade agreement with Peru will provide such opportunities with one of the most dynamic economies in Latin America."

Canadian producers will benefit from the elimination of tariffs on exports into Peru. Many agricultural exports such as wheat, barley, lentils and peas will receive immediate duty-free status. The FTA provides enhanced market access in service sectors that are of interest to Canada, including mining, energy and professional services. Canada's banking, insurance and securities sector will also benefit from greater access to the Peruvian marketplace.

Parallel agreements on labour cooperation and on the environment also came into effect on August 1. The labour agreement commits Canada and Peru to respecting and enforcing international labour standards such as the elimination of child and forced labour, freedom of association and the right to bargain collectively. The environment agreement commits both countries to substantially increase environmental protection, to enforce their respective environmental laws, and to refrain from diminishing these laws or reducing their enforcement to encourage trade and investment.

This is the second trade agreement Canada has implemented this year: in June, Canada's FTA with the European Free Trade Association (EFTA) came into force. Canada's Economic Action Plan focuses on helping Canadian businesses and investors succeed in world markets. The ambitious trade agenda includes negotiations to improve market access to diverse countries in Europe, Asia, the Americas and the Middle East.

In 2008, two-way merchandise trade between Canada and Peru reached $2.8 billion. Peru is also an important investment partner for Canada, holding Canadian investment stock worth an estimated $2.35 billion at the end of 2008.

Background at URL above

Venezuela takes control of 2 coffee plants

Aug 3, http://www.businessweek.com/ap/financialnews/D99RGOT81.htm

President Hugo Chavez's government seized control of two of Venezuela's largest coffee processing plants on Monday, threatening to expropriate them if investigations reveal they have illegally smuggled coffee out of the country.

Pipeline bomber taps into frustration at energy companies, gov't

August 2, 2009 http://www.canada.com/Pipeline+bomber+taps+into+frustration+energy+companies/1854513/story.html

VANCOUVER - Since 2000, when the boom really got going, just over 10, 000 gas and oil wells have been drilled in the Peace River region. ... When Cheryl Vickers, the Mediation and Arbitration Board's new chairwoman, took over in July 2007, she found an organization, she said, that ``did not have a positive reputation.'' ``It was a mess,'' Vickers admitted. ``(The Mediation and Arbitration Board) had no credibility.''

ICC takes tougher stance on arbitrator availability from 17 August 2009

http://www.iccwbo.org/court/arbitration/index.html?id=32208

New Statement of Acceptance, Availability and Independence for ICC arbitrators: http://www.iccwbo.org/uploadedFiles/Court/Arbitration/news_archives/July_AcceptanceAvailabilityIndependence.pdf

The ICC Court will, from 17 August 2009, require arbitrators agreeing to serve in ICC proceedings to disclose details about their availability as well as their independence.

Each arbitrator will now receive, from the Secretariat of the Court, a form entitled Statement of Acceptance, Availability and Independence, in which the arbitrator is invited to confirm that he or she expects to be able to make available the time and effort necessary for prompt and efficient conduct of the case. Arbitrators are also asked to indicate the number of cases in which they are already involved and any foreseeable competing demands upon their time in the following 12-18 months.

Whilst a quantitative analysis does not necessarily give a complete picture of a prospective arbitrator's availability and ability to conduct proceedings efficiently, the new form will encourage arbitrators to reflect more carefully on their availability before accepting office. The ICC Court is of the view that greater transparency is called for in relation to arbitrator availability. A proper assessment of an arbitrator's availability to conduct a case can only be made, if information relevant to the arbitrator's overall workload is disclosed. General descriptions, such as 'many' or 'several', will not be accepted as meeting the requirements of the new form. However, the fact that matters are in abeyance or coming to a conclusion may be specified and will be taken into consideration. Arbitrators will not be required to disclose information that is confidential.

Parties are entitled to expect that their dispute will be resolved as promptly as possible. Real importance is attached by the ICC Court to observance by ICC tribunals of the time limits in the ICC Rules of Arbitration. Arbitrators appointed or confirmed under the Rules must be capable of working within these limits throughout the entire duration of the case. A failure to do so may be reflected in the fees fixed by the ICC Court at the end of the proceedings. In extreme situations, arbitrators can be removed from office by reason of a failure to fulfil their functions within prescribed time limits. On the other hand, the ICC system of arbitration also allows the efficiency and quality of an arbitrator's work to be reflected through appropriate compensation.

The vast majority of arbitrators do not need to be reminded of the need to be realistic when assessing the time they can give to a case. Regrettably, however, some do and the ICC Court anticipates that the fact that the point has been highlighted in the new ICC Statement of Acceptance, Availability and Independence will reduce the risk of unreasonable delays in the conduct of ICC arbitrations.

Although the new form also introduces some modifications to the statement of independence, the commitments required of arbitrators with respect to independence remain unchanged.

Proposed compensation with respect to nationalization of Holcim Venezuela not acceptable

July 31, http://www.holcim.com/CORP/EN/id/1610648837/mod/6_1/page/news.html

In connection to the nationalization of Holcim Venezuela, Holcim has to date not received a compensation offer from the Republic of Venezuela that is acceptable from a legal or financial standpoint.

Therefore, Holcim will continue with the arbitration proceedings as filed with the International Centre for the Settlement of Investment Disputes (ICSID) in Washington D.C. in March 2009. In the arbitration proceedings, the Group seeks full compensation for the expropriation of its former Group company, Holcim Venezuela, by the Venezuelan Government.

See also http://www.swissinfo.ch/eng/search/Result.html?siteSect=882&ty=st&sid=11021397

In connection with the nationalization in Venezuela, Holcim is selling shareholdings in Panama and the Caribbean to joint venture partner Argos

July 31, http://www.holcim.com/CORP/EN/id/1610648833/mod/6_1/page/news.html

As a consequence of the nationalization of Holcim Venezuela, the long-term economics of supplying Holcim produced clinker and cement to the grinding stations and terminals in Panama and the Caribbean is no longer viable.

For this reason, effective July 30, 2009, Holcim is selling its shareholding in Panama, the Dominican Republic and Haiti as well as terminals in the Caribbean to its long-time joint venture partner Argos for USD 157 million (CHF 168 million). The Colombian based building materials group has sufficient export capacity in the region.

The divestments include a Panamanian company with one grinding station and operations in aggregates and ready-mix concrete as well as a Dominican grinding station operator. To date, both enterprises have been proportionately consolidated by the Holcim Group. Additionally, Holcim is selling 100 percent of a company with cement import terminals on four islands in the Caribbean and its minority holding in a grinding station on Haiti. In 2008, these interests in total contributed CHF 107 million to the Group's net sales of CHF 25.2 billion.

UK court extends freeze on EABL's takeover bid

Aug 19, http://www.businessdailyafrica.com/-/539552/642012/-/57g3nh/-/

East African Breweries Limited's plans to end its partnership with rival SABMiller to join another brewer were put on ice after the London High Court stopped the termination of an agreement between them.

Tanzania: Beer War Lands in London Court

July 30, http://allafrica.com/stories/200907300359.html

The Tanzania Breweries and the East African Breweries have differed over an agreement to market each of their brands in their respective countries, Industry, Trade and Marketing minister Mary Nagu said. As a result, the companies have sent their dispute to the London Court of International Arbitration. She was speaking after Vunjo MP Aloyce Kimaro claimed that big brewers were planning to frustrate a local company, Serengeti Breweries.

Las Cristinas Arbitration Temporarily Suspended

July 30, http://www.newswire.ca/en/releases/archive/July2009/30/c9886.html

Infinito Gold Ltd. announces that it has been advised by the International Center for the Settlement of Investment Disputes ("ICSID"), that the President of the Arbitral Tribunal appointed to rule on the Las Cristinas matter, Dr. Robert Briner, has resigned his appointment in the case due to ill health. The parties to the Arbitration, namely the Company and the Bolivarian Republic of Venezuela ("Venezuela"), have been directed to proceed with the appointment of an arbitrator to replace Dr. Briner. Once the process is completed the new President of the Tribunal will join co-arbitrators Prof. Brigitte Stern and Judge Charles Brower. A hearing to present the merits of the case has been scheduled to commence on December 7, 2009 in Washington D.C. but it is likely that this timing can not be achieved because of the process required to select a replacement arbitrator, have that person become familiar with the case and co-ordinate the timing of the proceeding.

Verenex draws up draft claim against Libya

July 30, http://in.reuters.com/article/oilRpt/idINWLA020520090730

Verenex Energy Inc. of Canada has drawn up a claim against Libya for arbitration in its dispute with Libya over the company's proposed sale to China, the chief executive of Verenex said.

Thailand: Arbitration law under revision

July 30, http://www.bangkokpost.com/news/local/21141/arbitration-law-under-revision

New laws are needed to allow for the replacement of arbitration panels blamed for putting the government at a disadvantage during dispute negotiations with the private sector. Justice Minister Pirapan Salirathavibhaga yesterday said new laws had to be introduced if a new system to resolve disputes was to be put in place. On Tuesday, the cabinet rejected a Justice Ministry bill to replace the present arbitration panel as it did not propose any substitute mechanism.

Venezuela Creates State Cement Conglomerate

July 29, http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/200907292159DOWJONESDJONLINE000971_univ.xml

Venezuelan President Hugo Chavez ordered the creation of a state-run cement company Wednesday, a year after seizing control of 90% of the local industry in a wave of expropriations.

Crystallex plans to remain compliant with the Mine Operating Contract in order to protect the option of proceeding to international arbitration

July 29, http://www.crystallex.com/News/PressReleases/PressReleaseDetails/2009/CrystallexReportsQ22009FinancialResults1120953/default.aspx

Crystallex principal asset is its interest in the Las Cristinas gold project located in Bolivar State, Venezuela. The Company's interests in the Las Cristinas concessions are derived from a Mine Operating Contract (the "MOC") with the Corporacion Venezolana de Guayana (the "CVG") which grants Crystallex exclusive rights to develop and mine the gold deposits on the Las Cristinas property.

The Company has not received a response from the Minister of Environment and Natural Resources ("MinAmb") to its June 16, 2008 appeal of the Director General of the Administrative Office of Permits at MinAmb denying its request for the Permit for the Las Cristinas project.

On March 2, 2009, the CVG confirmed that the Company was in compliance with the MOC. This corroborates the Company's position that is not in default of the MOC and there is no change in control under the terms of the MOC.

The Company plans to remain compliant with the MOC in order to protect the option of proceeding to international arbitration.

South Africa: Law Bodies to Back State Over Mineral Rights

July 28, http://allafrica.com/stories/200907280263.html

THE Centre for Applied Legal Studies (Cals) and the Legal Resources Centre (LRC), in support of the government, have applied for permission to assist a World Bank tribunal in a legal challenge to the Mineral and Petroleum Resources Act.

Several Italian citizens and Luxembourg corporations are suing SA for compensation for what they consider to be the "expropriation of the mineral rights" to their granite-quarrying businesses.

See also:

"CALS and others seek participation as non-disputing parties in Piero Foresti, Laura De Carli and Others v. Republic of South Africa"

Four NGOs have joined together to assist an international arbitration tribunal in interpreting South African mining legislation in light of the country's constitutional and international human rights obligations. The NGO coalition - CALS, LRC, CIEL, INTERIGHTS - hopes to stress the importance of social justice and environmental sustainability, and that SA's Bilateral Investment Treaties (BITs) should all be read in line with the transformative goals of the Constitution.

Full press release: http://web.wits.ac.za/NR/rdonlyres/7BE56780-0B0C-492E-AC68-EFB84376914F/0/ForestiPress_Release_27JulyFINAL.pdf

Petition: http://web.wits.ac.za/NR/rdonlyres/0EC31C71-A883-41E3-9449-92B4D84D90B9/0/PetitionforlimitedparticipationasnondisputingpartiesFINAL.pdf

World Bank Group Members Enhance Coordination, Increase Development Impact

July 28, http://www.miga.org/news/index_sv.cfm?aid=2391

IFC and the Multilateral Investment Guarantee Agency (MIGA) have announced a new working relationship to enhance the World Bank Group's development impact in the private sector, particularly aimed at promoting foreign direct investment (FDI) in emerging economies. The two organizations believe the enhanced coordination will lead to improved joint solutions in support of clients, while maximizing development impact in transitioning and emerging markets.

Spain Finance Minister to meet with Spaniards hit by expropriations in Venezuela

July 28, http://english.eluniversal.com/2009/07/28/en_pol_esp_spain-fm-to-meet-wit_28A2552043.shtml

About a hundred cases, related to the expropriation of some 80 farms and 25 urban and industrial properties, are pending. Half the cases involve citizens from the Canary Islands

Spanish Minister of Foreign Affairs Miguel Ángel Moratinos will meet on Tuesday with Venezuelan-Spanish citizens affected by the expropriations of farms and urban lands in order to convey the commitment of the Spanish government to find a solution to the problem.

Note that "... a permanent commission will be formed to evaluate and resolve disputes surrounding cases of expropriation of Spanish citizens' property by the Venezuelan state. Moratinos announced the initiative during a joint press conference with Maduro." see http://www.laht.com/article.asp?ArticleId=340280&CategoryId=13280

Singapore: Public feedback sought on the International Arbitration (Amendment) Bill

http://notesapp.internet.gov.sg/__48256DF20015A167.nsf/LookupContentDocsByKey/GOVI-7UC5SR?OpenDocument

The Ministry of Law is proposing amendments to the International Arbitration Act (IAA), which provides the legislative framework for Singapore's international arbitration regime. These refinements to the IAA, proposed after a consultation with experienced arbitrators and arbitration counsel within the industry, will further enhance the legislative infrastructure for Singapore's international arbitration regime.

India Resources loses excise tax arbitration proceeding

July 28, http://www.indiaresources.com.au/files/Update_on_Excise_Arbitration_and_Kendadih_Project.pdf

Arbitration proceedings with HCL on excise

India Resources Limited (IRL) advises that the arbitration proceedings in the matter of Indian excise tax applicable on the supply of copper in concentrate have been concluded and the award has been granted in favour of Hindustan Copper Limited (HCL). IRL is currently evaluating the arbitration decision and its options and will advise the market about its strategy going forward.

The arbitration proceedings relate to approximately 16.64% deductions made by HCL from monthly copper sales invoices for Indian sales excise tax. IRL believed that it had sufficient grounds to prove that during the contract negotiations process in early 2007, the documents submitted pointed to the fact that the payment of excise tax was the responsibility of HCL and not IRL.

IRL is now awaiting an analysis report from its legal team in Kolkata, India to decide its next course of action whether or not there are grounds for appeal against the arbitrator's decision and we expect to be in a position soon to make a decision and will then advise the market accordingly. Simultaneously IRL has taken the following initiatives to maximize profitability at the Surda copper mine.

1. Cost reduction at Surda.

a. In order to introduce international class work systems, IRL had retained the services of several expatriate staff to support the Surda operations. That work now has been done. Most of these expatriate staff has slowly been phased out after establishing their respective departments. The remaining expatriate staff will now be either assigned alternative tasks or made redundant. This will reduce operating cost in the range of 4 to 7%.

b. Capital programs at the Surda site will be scaled down significantly.

2. Negotiations with HCL

a. The Government of India has gradually reduced excise tax to the current level of 8.24% since the re-commencement of the Surda project in 2007. IRL is now negotiating with HCL to pass this excise reduction to IRL.

b. If the above position is accepted by HCL then net reduction in revenue, as a result of this award to IRL will be in the order of 5-6% after offsetting the input credit from IRL's purchases. Currently net reduction in revenue to IRL is approximately 13-14%.

The combination of reduction in excise, if agreed by HCL to pass on to IRL, and reduction in cost at Surda will result in minimum effect caused by arbitration award.

Opening of a new Mine near Surda

HCL has invited bids to develop the Kendadih deposit, which is adjacent to IRL's Surda project. The tender calls for a 15 month construction period with production commencing at an annual rate of around 70,000 tonnes per annum, building to a final capacity of around 260,000 tonnes by the 6th year. The project includes ore concentration to deliver a minimum of 3,300 tonnes of copper in concentrate per annum at final capacity. The contract is for duration of 15 years with an option to extend for another 10 years.

Earlier in the year HCL had invited for expression of interest to recommence operations at Kendadih. Kendadih operation, if awarded to IRL, will be a natural fit for IRL providing synergy in the area of operations management.

The full tender can be viewed at HCL's website at http://www.hindustancopper.com/OpenTender.asp?gate=9&intsheet=2&glink=&plink=&Id=OT&lnk=5

PODCASTS

IDN 76 - 'Beyond Salami Negotiating': Effective Competitive Tactics in Mediation, with Christian Duve (Aug. 7)

"Moving beyond the Salami" is just one of a big group of negotiating techniques discussed this week with Christian Duve, a partner in Freshfields Bruckinger in Frankfurt, Germany. These negotiations strive for agreement, of course, but they're also all about competition.

EVENTS

CEPMLP: Introduction to International Commercial Arbitration, 31 August - 4 September 2009

This 5-day course is designed to introduce both lawyers and non lawyers alike to the theories and practice of international commercial 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.

CEPMLP: Specialised Arbitration & Advocacy Skills in the International Minerals & Hydrocarbons Extraction Industries, 7-11 September 2009

Arbitration for the oil & gas industry with perspectives from legal experts, trial and in-house counsel, international arbitrators and academics.

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

Resolution of Russia-Related Business Disputes: The Next Wave

September 21, Moscow, Russia, http://new.abanet.org/calendar/ic0909-resolution-of-russia/Pages/default.aspx

Programme:

Who is Driving Arbitration? Party Autonomy versus the Arbitrator's Power to Manage the Arbitral Process

September 22, 2009, http://www.adr.org/sp.asp?id=33639

This event will feature an in-depth and thought provoking debate on the tension between party autonomy and the arbitrators' power to manage the arbitral process. Do arbitrators serve the parties, or vice versa? Who sets the limits to arbitrators' authority to control the arbitration? And whose arbitration is it anyway? These and other topical questions will be raised in a keynote speech by Carolyn Lamm (White & Case LLP) and developed through two panel discussions with experienced Russian and foreign practitioners, including Stephen Polakoff (Integra Group), Jennifer Kirby (Herbert Smith), Dmitry Dyakin (Magisters), Michelangelo Cicogna (De Berti Jacchia), Ilya Nikiforov (Egorov, Puginsky, Afanasiev & Partners), Yulia Andreeva (Debevoise & Plimpton LLP), and Yasmin Mohammad (Freshfields Bruckhaus Deringer). The panelists will examine the main theme of the seminar from the various perspectives, legal, policy and cultural, and discuss the availability (or desirability) of practical solutions under the ICDR and MKAS arbitration rules.

The New Challenges of International Arbitration

September 22, 2009 - Hôtel Raphael, Paris

7th European Colloquium hosted by Young Arbitration Practitioners. Programme:

https://www.transnational-dispute-management.com/news/yap-vii-2009.pdf

International Arbitration: Make It Faster and More Cost-Effective - 25 September 2009

25 September 2009, Rome, Italy.

The ArbIt’s kick-off conference will see the participation of Italian and foreign international arbitration experts, who devoted particular attention in the past years to the issue of efficiency of arbitration proceedings and to the actual degree of satisfaction of arbitration by the end users. Speakers include Paolo Berruti, Loukas Mistelis, Michael McIlwrath, Piero Bernardini, Mauro Gigante, Simon Greenberg, Stefano Azzali, Gianluca Benedetti, Michelangelo Cicogna. Attending the seminar is free of charge – the seminar will be held in English

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.

2nd St.Gallen International Dispute Resolution Conference - Judicial Dialogue in Times of Globalization and Regionalization

15 - 16 October 2009, University of St.Gallen, Switzerland

Chaired by Prof. Dr. Carl Baudenbacher, President of the EFTA Court, the conference brings together top-ranking scholars, arbitrators, judges and counsels from Europe and the US. Formerly established in Austin, this year's St.Gallen edition deals with 'Judicial Dialogue'. By citing foreign case-law, arbitrators and judges are increasingly engaging in a judicial dialogue. The panels and keynotes, featuring inter alia Christoph Paulus, Alan Rau, Pierre Tercier and Jay Westbrook, discuss the chances and challenges of such dialogue.

Attendees from law practice and academia will enjoy the beautiful setting of St.Gallen's historic abbey district. It offers a splendid atmosphere for stimulating discussions and the opportunity to get directly in touch with outstanding speakers and colleagues during coffee and lunch breaks.

Find more information and register on www.sg-disputeresolution.com

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/index.php?id=472 [pdf]

Dispute Resolution in the International Oil & Gas Sector October 26 - 27

Capella Hotel, Singapore

A joint AIPN, SIAC and ICDR conference. Topics Include:

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.

50 Years of Bilateral Investment Treaties Conference 2009 December 1 to 3, 2009

http://www.50yearsofbits.com/

The 50th anniversary of signing the world's first Bilateral Investment Treaty (BIT) is being marked by a conference organized under the patronage of the German Federal Ministry of Economics and Technology. The conference will be held in Frankfurt from December 1 to 3, 2009. It will bring together distinguished international academics, advocates, arbitrators, economists, investors, policy makers and political scientists to identify and debate the current status of investment protection around the world, and the policy issues which are likely to influence its development over the decades to come.

Topics will include:

The full program of the conference and list of speakers, as well as registration details, may be found at www.50yearsofbits.com

Investment Treaty Law and Arbitration: Evolution and Revolution in Substance and Procedure, 19-20 February 2010 [pdf]

http://www.law.usyd.edu.au/events/2010/Feb/Papers_InvTreatyConf.pdf

Venue: Sydney Law School, University of Sydney, Australia

This conference explores some of the most controversial issues in contemporary investment treaty law and arbitration discourse and practice. A global web of investment treaties has emerged, free trade agreements increasingly contain investment protection provisions, and investor-State arbitration is now well-established on the international plane as a significant dispute resolution mechanism. These developments are, however, impacting on a wide range of non-investment areas and politico-legal issues. The conference will explore these impacts, emerging issues in the nature of investment treaties, evolving jurisprudential trends, and potential changes in future direction for investment law and arbitration.

5th Annual Conference on International Arbitration and Mediation - Fordham Law School. New York City, June 14-15 2010

The conference will bring together leading international arbitrators, mediators, practitioners, and scholars to discuss contemporary issues in international arbitration and mediation.
June 14 - 15 2010, McNally Amphitheatre, Fordham Law School
Conference director: Arthur Rovine. Maurice Mendelson, Q.C. will be a speaker and moderate one of the panels, more details to follow.
For more information and online registration, please visit law.fordham.edu/arbitration.

MOVES / JOBS

Tim Tyler, International Arbitration Lawyer Joins Vinson & Elkins LLP

Aug 17, http://velaw.com/resources/TimTylerJoinsVE.aspx

Timothy J. Tyler, a leading expert in international investment disputes and international commercial arbitration, is joining Vinson & Elkins as Counsel in our Houston office.

K&L Gates Continues Expansion of International Arbitration Capabilities with Addition of Singapore Partner

Aug 10, http://www.klgates.com/newsstand/detail.aspx?publication=5837

Law firm K&L Gates LLP welcomes Raja Bose as a partner in the firm's Singapore office. As the leader of the firm's international arbitration practice in Asia, Bose will look to establish a sizeable and formidable team during the coming months to complement the firm's existing strength in the international arbitration area.

Ignacio Suárez Anzorena Joins Chadbourne & Parke as Partner in IDR Practice

Aug 11, http://www.chadbourne.com/newsevents/NewsDetail.aspx?news=1251

The international law firm of Chadbourne & Parke announced today that Ignacio Suárez Anzorena has joined the Firm as a partner in the Washington, DC office in the International Dispute Resolution (IDR) practice.

Patricio Grané joins Arnold & Porter

Aug 13, http://www.arnoldporter.com/press_releases.cfm?u=ArnoldPorterExpandsStrategicallytoMeetKeyClientDemand&action=view&id=212

Mr. Grané, who will join the firm's international arbitration and international trade groups as counsel on August 17. He focuses his practice in the area of international dispute resolution, with emphasis on international arbitration under investment treaties and the World Trade Organization (WTO). He advises sovereign clients and private parties in trade and investment disputes. Prior to entering practice, Mr. Grané served as Counselor of the Permanent Mission of Costa Rica to the WTO, in Geneva.

Fulbright & Jaworski Expands Global Dispute Resolution Practice in Dubai

Aug 3, http://www.fulbright.com/index.cfm?fuseaction=news.detail&site_id=286&article_id=8327

Fulbright & Jaworski L.L.P.'s global disputes practice is expanding in Dubai with the addition of three lawyers.

Philip Punwar joins Fulbright's Dubai office as a partner from Al Tamimi & Company's DIFC office. Fulbright London Partner Jonathan Sutcliffe, who has been supporting the firm's Middle East practice for much of the past year, will move full-time to the firm's Dubai office later this summer. Associate Shea Haass joins the Dubai team from Fulbright's Dallas office.

Yasmine Lahlou Joins Chaffetz Lindsey LLP

http://www.chaffetzlindsey.com/news/?section=details&pag=0&url=yasmine-lahlou-joins-chaffetz-lindsey-llp

Chaffetz Lindsey LLP is pleased to announce the hiring of Yasmine Lahlou as an associate with the firm. Yasmine was formerly with the New York office of Clifford Chance and before that with Castaldi Mourre and Partners in Paris. She has specialized in international arbitration for the past 8 years and was recently appointed vice-chair of the Middle East Committee of the ABA Section of International Law. Yasmine attended a graduate program at the University of Texas at Austin Law School and received a Maîtrise en Droit from Paris X - Nanterre University. She was admitted to practice in Paris and is admitted in New York.

AAA Appoints Ernest Legier Jr. as VP

Aug 3, http://www.adr.org/sp.asp?id=36448

The American Arbitration Association recently appointed Ernest Legier Jr. as vice president for the commercial division. He will be managing business development for Louisiana, Mississippi, Arkansas, Missouri and part of Texas.

Chevron hires R. Hewitt Pate

Jul 29, http://www.reuters.com/article/americasRegulatoryNews/idUSN2952908020090729

Chevron said on Wednesday that R. Hewitt Pate, 47, would serve as vice president and general counsel and report to Charles James, the current general counsel who became an executive vice president earlier this year.

BOOKS

Concise Arbitration

Loukas A. Mistelis, Jacomijn van Haersolte
ISBN13: 9789041126092
ISBN: 9041126090
To be Published: December 2009
Publisher: Kluwer Law International
Country of Publication: Netherlands
Binding: Hardback

Practitioners require a basic commentary on the most common instruments - unencumbered by footnotes and succinct in its commentary (a ratio of 5 words commentary to each word of in the instrument).

The selected instruments in this book are:

Conventions:

Rules:

Laws:

The article-by-article commentary on these instruments will be authored by key practitioners in the field. Currently contributors include attorneys at Freshfields, White & Case, Clifford Chance, Debevoise & Plimpton, Shearman & Sterling and Schellenberg Wittmer.

The International Law of Investment Claims

Zachary Douglas (Jesus College, Cambridge and Matrix Chambers, London)
June 2009, Hardback, 688pp, 978-0-521-855679
List Price: £75.00, Discounted Price for OGEMID members: £60.00
(Contact us for details)

About:

The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders.

Contents:

  1. The juridical foundations of investment treaty arbitration
  2. Applicable laws
  3. Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration
  4. Consent to the arbitration of investment disputes
  5. Investment
  6. Jurisdiction ratione materiae
  7. Jurisdiction ratione personae
  8. Jurisdiction ratione temporis
  9. The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal
  10. Admissibility: contractual choice of forum
  11. Admissibility: shareholder claims
  12. Admissibility: dispositions relating to the legal and beneficial ownership of the investment
  13. Denial of benefits.

ICSID

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

Subject Matter: Construction contracts

Date Registered: August 13, 2007

Tribunal Constituted: December 03, 2007

Composition of Tribunal Sole Arbitrator: Jan PAULSSON (French)

Outcome of Proceeding: Award rendered on July 30, 2009. Award available on ICSID website

New: H&H Enterprises Investments, Inc. v. Arab Republic of Egypt (ICSID Case No. ARB/09/15)

Subject Matter: Resort management and operation

Date Registered: August 11, 2009

Status of Proceeding: Pending (Tribunal not yet constituted)

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

Outcome of Proceeding: Award rendered on August 13, 2009.

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

Status of Proceeding: Pending (the parties file post-hearing briefs on August 17, 2009)

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

Status of Proceeding: Pending (the Respondent files a reply to the Claimant's response of June 4, 2009, and observations on the Claimant's request of August 3, 2009 on August 14, 2009)

The Rompetrol Group N.V. v. Romania (ICSID Case No. ARB/06/3)

Status of Proceeding: Pending (the Claimant files a request for production of documents on August 17, 2009)

Waguih Elie George Siag and Clorinda Vecci v. Arab Republic of Egypt (ICSID Case No. ARB/05/15)

Constitution of Ad hoc Committee on August 07, 2009. Composition of Ad hoc Committee: Stephen M. SCHWEBEL, Azzedine KETTANI, Peter TOMKA

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

Status of Proceeding: Pending (the Claimant files a response to the Respondent's observations of July 24, 2009, on August 17, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a decision on provisional measures on July 31, 2009)

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

Status of Proceeding: Pending (the Claimants file a rejoinder on jurisdiction on August 17, 2009)

Mobil Exploration and Development Inc. Suc. Argentina and Mobil Argentina S.A. v. Argentine Republic (ICSID Case No. ARB/04/16)

Status of Proceeding: Pending (the Claimants file a counter-memorial on jurisdiction on July 31, 2009)

Impregilo S.p.A. v. Argentine Republic (ICSID Case No. ARB/08/14)

Tribunal Constituted August 13, 2009. President: Hans DANELIUS (Swedish), Arbitrators: Charles N. BROWER (U.S.), Kamal HOSSAIN (Bangladeshi)

Sistem Muhendislik Insaat Sanayi ve Ticaret A.S. v. Kyrgyz Republic (ICSID Case No. ARB(AF)/06/1)

Status of Proceeding: Pending (the Tribunal declares the proceeding closed on August 12, 2009)

Corn Products International, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/1)

Status of Proceeding: Pending (the Tribunal declares the proceeding closed in accordance with Article 44(1) of the ICSID Arbitration (Additional Facility) Rules on August 7, 2009)

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

Status of Proceeding:

Pending (the ad hoc Committee issues a Decision on Sempra Energy International's Request for the Termination of the Stay of Enforcement of the Award on August 07, 2009) Document available on ICSID website.

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

Tribunal constituted August 06, 2009

President: - Marc LALONDE (Canadian), Arbitrators: - Franklin BERMAN (British) - Gabrielle KAUFMANN-KOHLER (Swiss)

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

Status of Proceeding: Pending (the ad hoc Committee holds a hearing on annulment in Washington, D.C. on July 29-31, 2009)

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

Subject: Electricity generation, Registered July 31, 2009. The parties file requests for production of documents on July 31, 2009

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents on August 18, 2009)

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

Status of Proceeding: Pending (the Tribunal holds a first session in Washington, D.C. on July 29, 2009)

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

Status of Proceeding: Pending (the Claimant files a rejoinder on jurisdiction on July 3, 2009)

ConocoPhillips Company and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30)

Status of Proceeding: Pending (the Respondent files a counter-memorial on the merits on July 27, 2009)

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

Status of Proceeding: Pending (the Republic of the Philippines files a rejoinder on annulment on July 15, 2009)