issue #19, week 37. 09 September 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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TDM

TDM 2 (2009) - The Protection of Intellectual Property Rights through International Investment Agreements

This new issue analyses the level of protection granted by International Investment Agreements (IIAs) in regard to Intellectual Property Rights (IPRs). We would like to thank the editors of this special James Hosking (Chaffetz Lindsey LLP) and Markus Perkams (Clifford Chance) for their time and efforts in preparing this issue.

EDITORIAL

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS THROUGH INTERNATIONAL INVESTMENT AGREEMENTS

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Recent issues:

NEWS

Ramco Energy SOCAR arbitration hearing scheduled for October

Sep 07, http://www.ramco-plc.com/downloads/Proposed%20Change%20of%20Name%20etc.pdf

Ramco are pursuing a claim against SOCAR relating to rights connected to the shallow water Gunashli field in Azerbaijan. Arbitration before the Stockholm Chamber of Commerce between Ramco Hazar Energy Limited, a wholly owned subsidiary of the Company, and The State Oil Company of Azerbaijan Republic in relation to the Gunashli field located offshore of Azerbaijan in the Caspian Sea. An arbitration hearing has been scheduled for October 2009 in Stockholm and the outcome is expected to be known before the year end.

ICSID rejects Turkish Co $756m claim against Pakistan

Sep 06, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Business/06-Sep-2009/ICSID-rejects-Turkish-Co-756m-claim-against-Pak

An arbitral tribunal appointed by the International Centre for Settlement of Investment Disputes (lCSID) of the World Bank hearing a claim brought by a Turkish investor against the Islamic Republic of Pakistan has rejected all claims for breach of a bilateral investment treaty between the two countries.

Long-standing Eryx missile dispute comes to an end

Sep 7, http://www.todayszaman.com/tz-web/news-186269-105-long-standing-eryx-missile-dispute-comes-to-an-end.html

The Geneva-based International Court of Arbitration of the International Chamber of Commerce (ICC) issued its ruling in late July over a French complaint concerning Turkey's cancellation of a 404 million euro missile contract in 2004. The court verdict is not yet available to the public, but the Defense Ministry said in a statement on Wednesday that the court ruling was in Turkey's favor.

AAA, Bahrain Sign Agreement to Establish ADR Center

Aug 31, http://www.adr.org/sp.asp?id=36555

The American Arbitration Association and Bahrain's Ministry of Justice and Islamic Affairs recently signed an operating agreement to establish the Bahrain Chamber for Dispute Resolution (BCDR-AAA).

Bahrain's Justice Minister HE Sheikh Khalid bin Ali bin Abdulla Al Khalifa and AAA President and CEO William K. Slate II signed the agreement in a ceremony held on Aug. 17 at the Bahrain Embassy in London. The new center is scheduled to open later this year.

"The establishment of the Bahrain Chamber for Dispute Resolution, in partnership with the AAA, is a significant step forward, not only for Bahrain, but for the wider region. The BCDR-AAA will provide users, including international legal firms, multinationals and governments contracting in the Gulf and beyond, with a purpose-built solution for the rapid, effective and certain resolution of commercial disputes," said Sheikh Khalid. He said that while the BCDR-AAA will be based in Bahrain, he expects it to act as a hub for ADR users in the Gulf region.

...

Singapore to Make Billions Handling Cross-Border Arbitrations

Aug. 31, http://www.bloomberg.com/apps/news?pid=20601087&sid=ahCVZh1pBhKo

"When there's an international case in Singapore [like this], you attract a cast from all over the world," said Matthew Gearing, a Hong Kong-based partner at Allen & Overy LLP. That sort of influx could produce a "multibillion-dollar industry" for Singapore as cross-border disputes increase in the region, Law Minister K. Shanmugam said. To spur growth, the city-state has opened its legal market to foreign firms, offered tax incentives and developed a complex with 14 hearing rooms.

South Africa: Land grab law, what's next

Aug 27, http://www.realestateweb.co.za/realestateweb/view/realestateweb/en/page310?oid=18730&sn=Detail

Land expropriation Bill shelved for now, but will be revived next year. The "shelved" land expropriation Bill has been a contentious issue long before it made it to Parliament this year. At a public debate held at the University of the Witwatersrand this week, delegates expressed grave concern over what government proposes to achieve - and concerns were raised about the inefficiencies with the implementation of other land reform programmes. Thembeka Ngcukaitobi, a partner at Bowman Gilfillan who was involved in drafting the expropriation Bill, said the draft law has been "shelved" officially and will be revived in 2009.

South Africa: Land grabs, back on the table

Aug 31, http://www.realestateweb.co.za/realestateweb/view/realestateweb/en/page197?oid=47446&sn=Detail

Fresh expropriation talk worries biggest property investors. The prospect of mass land grabs is back on the table. And the fresh expropriation talk is worrying South Africa's biggest property investors.

Bavarian Nordic rejects claim from Helmholtz Zentrum München

Aug 31, http://www.bavarian-nordic.com/21-09_UK

Bavarian Nordic A/S announced that it has been notified by the ICC International Court of Arbitration that a request for arbitration has been received from Helmholtz Zentrum München, Deutsches Forschungszentrum für Gesundheit und Umwelt GmbH (formerly also known as GSF).

The arbitration request is based on two old agreements with Bavarian Nordic from 1994 and 1997 regarding a collaboration on certain recombinant vaccines, which was formally terminated in 2001. The agreements do not encompass the MVA-BN® patents but provide Bavarian Nordic with exclusive royalty bearing license to specific patents on recombinant vaccines and include clauses dealing with transfer of know how pertaining thereto. Nevertheless, Helmholtz Zentrum München now in 2009 claims rights to royalties on Bavarian Nordic's MVA-BN® based vaccines, including IMVAMUNE®.

Anders Hedegaard, President & CEO of Bavarian Nordic said: "We view this claim based on the old agreements as being baseless and without merit. We are confident that we will prevail should this claim continue at the Court of Arbitration."

TNK-BP files claim to the Federal Customs Service at the Arbitration Court of Moscow

Aug 26, http://www.tnk-bp.com/press/news/2009/8/1497/

TNK-BP is charging more than 6 billion rubles from the Federal Customs Service of Russia. TNK-BP has filed a claim to the Federal Customs Service at the Arbitration Court of Moscow demanding 6.4 billion rubles to compensate for the losses and damages inflicted to the company. According to the company, the customs authorities incorrectly imposed taxes on export of oil and oil products in 2006-2007. Experts think that the company will most certainly win the case and other exporters inspired by this case will probably file similar claims to the court of law.

Bank Leumi, Holocaust survivors seek arbitration on assets dispute

Aug 25, http://www.ynetnews.com/articles/0,7340,L-3767098,00.html

Association for the Location and Recovery of Holocaust Survivors' Property, bank agree to resolve four-year dispute via arbitration proceeding. Association claims bank holds some NIS 300 million, bank says figure incorrect

Verenex provides update on discussions with Libyan Authorities

Aug 25, http://micro.newswire.ca/release.cgi?rkey=1708257365&view=82746-0&Start=0

Verenex Energy Inc. announces the status of its discussions with representatives of the General People's Committee (the "GPC") of Libya in connection with the proposed sale of Verenex.

As previously disclosed, Verenex entered into an acquisition agreement with CNPC International Ltd. ("CNPCI") on February 24, 2009 (the "CNPCI Agreement") under which CNPCI agreed to make an offer to purchase all of the outstanding Verenex Shares, on a fully-diluted basis, at a price of Cdn$10 per share and to also fund a Cdn$47 million approval bonus to the Libya National Oil Corporation (the "NOC"). Consent by the NOC to the offer by CNPCI is required under the Exploration and Production Sharing Agreement for Area 47 (the "EPSA"); however, under the terms of the EPSA, such consent cannot be unreasonably withheld.

While the outside date under the CNPCI Agreement (August 24, 2009) has now passed, the CNPCI Agreement has not yet been terminated by either party to the agreement.

Despite Verenex having complied with all the requirements of the EPSA and the NOC throughout the public sale process, the NOC has continually failed or refused to provide consent to the proposed sale of Verenex. The GPC has made it clear to Verenex that it is seeking to negotiate a reduced purchase price. In accordance with the dispute mechanism under the EPSA, Verenex has finalized and is ready to file an arbitration claim should it become necessary to pursue this legal remedy. However, Verenex and Libyan authorities are presently fully engaged in discussions to reach an amicable solution to the current impasse on the sale of Verenex without Verenex having to pursue its legal remedies.

Verenex understands that the Government of Canada has again expressed its concerns to the Government of Libya respecting the actions, and lack of action, by the NOC and the GPC in connection with this matter.

Investors are cautioned that there can be no assurance that consent to the offer by CNPCI will be received from Libyan authorities, or that a sale transaction will be concluded on the terms contemplated or at all.

Facing deadline, Verenex hopes for Libyan deal

Aug 21, http://www.calgaryherald.com/business/Facing+deadline+Verenex+hopes+Libyan+deal/1918296/story.html

Verenex Energy Inc. said Friday it was optimistic a deal could be reached with Libya over the Calgary-based oil and gas company's leases in the North African country before a Monday deadline, but that it still hadn't received any formal indication of what it might entail.

Libya still not approved $460m Verenex takeover

Aug 24, http://www.arabianoilandgas.com/article-6060-libya_still_not_approved_460m_verenex_takeover/

The proposed US$460 million takeover of the exploration and development company Verenex Energy by the China National Petroleum Corporation (CNPC) has still not received approval from Libya. CNPC had given the Canadian company until August 24 to attain consent but as yet the North African state has remained silent. "I think it's done, it's over," a Verenex shareholder is quoted by Reuters as saying.

London court rules a total of $82.6 million for Ashcroft against GOB

Aug 25, http://www.amandala.com.bz/index.php?id=9006

BCB Holdings and its subsidiary, the Belize Bank, issued a release on Friday, August 21, declaring that the London Court of International Arbitration (LCIA) had awarded the companies BZ$44 million (US$22 million) in a dispute with the Government of Belize stemming from agreements with the Musa administration back in 2006. "We will resist any attempt to enforce that ruling," Prime Minister and Minister of Finance Dean Barrow told Amandala today, declaring that the award is "unenforceable."

Prime Minister's Introduction of Bill to have Government assume control of Belize Telemedia Ltd.

Aug 24, http://www.governmentofbelize.gov.bz/press_release_details.php?pr_id=5613

Mr. Speaker,

I rise to introduce the Bill for an Act to amend the Belize Telecommunications Act to provide for assumption of control over telecommunications by the Government in the public interest; and to provide for matters connected therewith or incidental thereto.

Let me at once say that the long title is quite clear and what the government is doing by way of introducing this measure, is preparing to take control of the company formerly known as Belize Telecommunications Limited, and currently going by the name of Telemedia.

I must also say immediately, Mr. Speaker, that government intends to take the Bill through all its stages today. The Senate will then meet tomorrow, and we expect that the Bill will be signed into law by tomorrow evening or Wednesday morning at the latest. At that time the new, Government-appointed Board of Directors will assume operational control over Telemedia, and the re-Belizeanization of the company will be complete.

...

Now no one can doubt the justice of our stand. But, as we always knew, it has been costly. Michael Ashcroft had Telemedia invoked arbitration in London to enforce the Accommodation Agreement. And he obtained a judgment of 38.5 million dollars and a court - mandated requirement that government now begin to honor the Accommodation agreement.

Well, I have said that as God is my witness I will never pay that award. But it doesn't stop there. In April of 2009 Telemedia informed the government of further claims they will make to the London Court of International Arbitration, and that the size of a new award "could pale the current award of 38 million into insignificance".

Technest Wins Unanimous Binding Arbitration Award of Over $23 Million

Aug 24, http://www.reuters.com/article/pressRelease/idUS113759+24-Aug-2009+MW20090824

On August 21, 2009, an American Arbitration Association Panel of three arbitrators awarded Technest Holdings, Inc. $23,778,402.83 following a seven-day hearing that ended on June 30, 2009.

US military contractor contests ICC damages

http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=307998&version=1&template_id=36&parent_id=16

US military contractor Dyncorp is trying to stop a US federal judge in Washington from enforcing a $1.1mn award handed down by the ICC International Court of Arbitration to a Qatari-based company, arguing that the award was invalidated by Qatar's highest appeals court.

Houstonian battles the Kremlin

Aug 22, http://www.chron.com/disp/story.mpl/business/steffy/6582714.html

From a cluttered desk at his suburban home in north Houston, Bruce Misamore wages a global battle to recover assets of a long-dead oil company. He's involved in court actions across Europe as well as in Texas and Russia, where he can't go for fear of being arrested. He still hands out business cards with the yellow-and-green logo of Yukos, once Russia's second-largest oil company, where he was chief financial officer.

London tribunal dismisses Belize Bank's claim

17 Aug, http://www.governmentofbelize.gov.bz/press_release_details.php?pr_id=5595

The Government of Belize has received, from the London Court of International Arbitration, an official copy of the "First Partial Award" made by the Arbitral Tribunal in the matter of the Belize Bank Limited v the Government of Belize.

The Tribunal has dismissed all the claims of the Belize Bank against the Government of Belize, arising out of the so-called 2008 oral settlement agreement. That was an agreement between the Musa administration and the Belize Bank, which diverted the 10 million (US) gifted to the people of Belize for housing by the Government of Venezuela. The money was instead paid over to the Belize Bank by the Musa administration in supposed settlement of the infamous UHS debt. It was, however, later recovered by the current administration via the efforts of the Central Bank of Belize.

In particular, the London tribunal dismissed the Belize Bank's claim that the payment to and receipt by the Belize Bank of the US $10 million was lawful; and dismissed its claim for damages against the Government of Belize in the sum of US $10 million plus interest from 11 August 2008.

In coming to its decision, the Tribunal impugned the actions of then Prime Minister Said Musa, Attorney General Francis Fonseca and Home Affairs Minister Ralph Fonseca, as well as the conduct of the Belize Bank.

The Tribunal declared that the Venezuelan US $10 million "should have been paid into the (Belize) Consolidated Revenue Fund..........before any transfer could be made to the Claimant subject to the controls set out in the Finance Act........The oral agreement (between the Musa administration and the Belize Bank) therefore violates Article 114 (1) of the Belize Constitution and section 3 of the Finance Act".

Importantly, the tribunal explicitly found that one of the fundamental objectives of the 2008 Settlement Agreement between the Claimant and the Government of Belize......."was to ensure that the existence of the Venezuelan Funds remained concealed from the National Assembly and the Belize public so that the controls set out in the Finance Act could be avoided......"

In all the circumstances the tribunal declared that the agreement between the Musa administration and the Belize Bank concerning the Venezuelan funds is void for illegality and that the Central Bank of Belize acted properly in requiring the return of the monies.

the Government of Belize notes that the London Tribunal is still to determine the Belize Bank's claim that, the Venezuelan monies apart, the Government of Belize is to pay 33,545,820 under the March 2007 Settlement Agreement and Loan Note made by the Musa administration regarding the UHS debt.

That decision has been reserved for a date to be fixed, but in the meantime the government has welcomed the current decision. GOB sees it as a strong censure of the illegal and outrageous secret deal between the PUP government and the Belize Bank, and a vindication of the UDP's struggle for, and recovery of, the People's Venezuela 10 million US.

Arbitration judges discuss issues of arbitration proceeding in Uzbekistan

Aug 20, http://business.uzreport.com/uzb.cgi?lan=e&id=65965

Arbitration judges from all regions of Uzbekistan attended summer school on the "Actual issues of arbitration proceeding in Uzbekistan. Introduction to commercial mediation" in the recreation zone Charvak Oromgohi in Bostanliq area, Tashkent region, on 18-20 August.

Gulf states plan single arbitration law

Aug 22, http://www.business24-7.ae/Articles/2009/8/Pages/21082009/08222009_cd3ddb0adde446749ef2201ee4b4b068.aspx

The six-nation Gulf Co-operation Council (GCC) is planning to create a unified arbitration system to tackle persistent cross-border business disputes that are blocking the flow of trade and investment in the region, said representatives of the GCC's private sector yesterday.

The Federation of the GCC Chambers of Commerce and Industry (FGCCI) said it had drafted a new law on a unified arbitration mechanism in the six countries and presented it to the Riyadh-based GCC secretariat for approval.

EVENTS

The Yukos Affair in Context - Emmanuel Gaillard at Harvard Law School - September 21 2009

The Yukos Affair in Context: the Energy Charter Treaty and Russia's Energy Policy

A Talk with Emmanuel Gaillard, Professor of Law, Paris XII University;
Head of the International Arbitration Group, Shearman & Sterling LLP
When: Monday, September 21, 2009 | 5:00 PM - 6:30 PM
Where: Langdell North, Harvard Law School

In the context of the claims brought by the majority shareholders of former Yukos Oil Company against the Russian Federation under the Energy Charter Treaty, Professor Gaillard will address investment protection and arbitration under the Energy Charter Treaty, and the Russian Federation's proposals for a new instrument replacing the Energy Charter Treaty.

Professor Gaillard will be introduced by William P. Alford, Henry L. Stimson Professor of Law; Vice Dean for the Graduate Program and International Legal Studies at Harvard Law School.

For further details, please contact Ilija Mitrev Penusliski.

LCIL Friday Lunchtime Lecture: Stating the Law of Investment Arbitration - A Quixotic Enterprise? Friday 9th October 2009, 13:00

http://www.lcil.cam.ac.uk/news/article.php?section=26&article=984

Speaker : Mr Zachary Douglas, Jesus College, Cambridge
Time : Lecture starts at 1pm (with lunch, sponsored by Cambridge University Press, from 12:30pm)
Venue : Finley Library, Lauterpacht Centre, 5 Cranmer Road, Cambridge

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 William R. Spiegelberger (Rusal United Co.), 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.

BOOKS

Confidentiality in Arbitration

Commentaries on Rules, Statutes, Case Law and Practice
ICC International Court of Arbitration Bulletin
2009 Special Supplement
ICC Publication No. 700, 2009 Edition

The extent to which arbitral proceedings are confidential has been the subject of conflicting interests, divergent legislation and regulations and evolving case law.

This publication traces the history of changing attitudes to the subject of confidentiality in arbitration, identifies the issues at stake and draws the lessons to be learned from this complex debate. It addresses the question of whether and to what extent there is an obligation of confidentiality in arbitration and its impact on the conduct of the proceedings.

The authors present and analyse institutional rules, national legislation and seminal court decisions in jurisdictions across the world and offer insights into the practical means of addressing the problems confidentiality may raise for parties and arbitrators in arbitral proceedings.

Comparing differing cultural approaches to this highly topical subject, Confidentiality in Arbitration will be of interest to practitioners and academics alike.

Table of Contents

The authors are all specialists in the field of international arbitration and have extensive experience as arbitrators, counsel and participants in international discussions on arbitration policy.

US and EC Antitrust Arbitration

Edited by: Gordon Blanke, Phillip Landolt
ISBN13: 9789041127600
ISBN: 9041127607
To be Published: September 2009
Publisher: Kluwer Law International
Country of Publication: Netherlands

With around 50 chapters dealing with all aspects of antitrust law and competition law written by experts in the field, this book is the first, English-language book on competition law and arbitration covering both US antitrust and EC competition law. The book will provide an indepth examination of all relevant aspects across the field. Rather than just flagging issues, it will provide workable guidance on how practitioners can solve them.

Individual chapters will be written by recognised specialists. The book will be set up to ensure that competition law and arbitration practitioners understand the issues at hand. For example, the economic evidence in the competition law arbitrations chapter will detail the particularities of arbitration vis-a.-vis litigation before courts. This will ensure the practical relevance of the title for both fields.

Lastly, there will be chapters dealing with specific industrial sectors which feature heavily in arbitration and where competition law issues arise frequently: oil and gas, telecoms and pharmaceuticals.

International Arbitration and Mediation: A Practical Guide

by John Savage, Michael McIlwrath
ISBN13: 9789041126108
ISBN: 9041126104
To be Published: October 2009
Publisher: Kluwer Law International

This book guides corporate counsel through all aspects of an arbitration. As arbitration has become the standard for international business, corporate counsel at multi-national companies are required to offer advice on a legal system which differs from their own.

It covers questions such as:

The title will provide International Corporate Counsel with a practical and yet exhaustive overview of international arbitration.

ICSID

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

Outcome of Proceeding Award rendered on August 18, 2009.

New: Swisslion DOO Skopje v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/09/16)

Food products company, Registered August 21, 2009

New: Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. Republic of El Salvador (ICSID Case No. ARB/09/17)

Mining concession, Registered August 21, 2009

See http://www.sec.gov/Archives/edgar/data/109757/000010975709000009/frm8k709.txt

Brandes Investment Partners, LP v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/3)

Status of Proceeding: Decision on the Respondent’s Objection under Rule 41(5) of the ICSID Arbitration Rules (February 02, 2009) available in English and Spanish.

Azurix Corp. v. Argentine Republic (ICSID Case No. ARB/01/12)

Outcome of Proceeding: Decision of the ad hoc Committee on the Application for Annulment issued on September 1, 2009, available on ICSID website in English (Original) and Spanish (Original)

Azurix Corp. v. Argentine Republic (ICSID Case No. ARB/03/30)

Status of Proceeding: Pending (the Respondent files a reply on jurisdiction on September 1, 2009)

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

Status of Proceeding: Tribunal is reconstituted on September 3, 2009, Bernard HANOTIAU (Belgian) appointed following the resignation of Robert BRINER (Swiss)

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

Status of Proceeding: Tribunal is reconstituted on September 2, 2009, Pierre TERCIER (Swiss) appointed following the resignation of Robert BRINER (Swiss)

Nations Energy, Inc. and others v. Republic of Panama (ICSID Case No. ARB/06/19)

Status of Proceeding: Pending (the Respondent files a rejoinder on the merits on August 31, 2009)

RSM Production Corporation v. Grenada (ICSID Case No. ARB/05/14)

Ad hoc committee recently constituted: President: Gavan GRIFFITH (Australian) Members: Cecil W. M. ABRAHAM (Malaysian), Campbell McLACHLAN (New Zealand)

Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9)

Status of Proceeding: Pending (Continental Casualty Company files a request for disclosure of documents on August 31, 2009)

Siemens A.G. v. Argentine Republic (ICSID Case No. ARB/02/8)

Status of Proceeding: Pending (the parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) on August 12, 2009)

Millicom International Operations B.V. and Sentel GSM S.A. v. Republic of Senegal (ICSID Case No. ARB/08/20)

Status of Proceeding: Pending (the Tribunal holds a telephone conference without the parties concerning various procedural matters on August 27, 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 statements of costs on August 31, 2009)

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

Status of Proceeding: Pending (the Respondent files a rejoinder on jurisdiction on August 31, 2009)

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

Status of Proceeding: Pending (the Tribunal declares the proceeding closed on September 1, 2009)

Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. ARB/06/11)

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the admissibility of certain claims on August 31, 2009)

Astaldi S.p.A. v. Republic of Honduras (ICSID Case No. ARB/07/32)

Status of Proceeding: Pending (the Respondent files a rejoinder on the merits on August 28, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning examination of witnesses on August 31, 2009)

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

Status of Proceeding: Pending (the Respondent files a memorial on jurisdiction on August 15, 2009)

Participaciones Inversiones Portuarias SARL v. Gabonese Republic (ICSID Case No. ARB/08/17)

Status of Proceeding: Pending (the Respondent files observations on the proposal for disqualification on August 14, 2009)

Quadrant Pacific Growth Fund L.P. and Canasco Holdings Inc. v. Republic of Costa Rica (ICSID Case No. ARB(AF)/08/1)

Status of Proceeding: Pending (the Claimants file a reply on the merits on August 21, 2009)

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

Status of Proceeding: Pending (the Tribunal holds a pre-hearing conference with the parties by telephone on August 20, 2009)

M. Meerapfel Söhne AG v. Central African Republic (ICSID Case No. ARB/07/10)

Status of Proceeding: Pending (the Claimant files a rejoinder on jurisdiction on August 2, 2009)

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

Ad hoc Committee Constituted: August 07, 2009

Status of Proceeding: Pending (the proceeding is suspended, pursuant to the parties’ agreement on August 11, 2009)

Enersis S.A. and others v. Argentine Republic (ICSID Case No. ARB/03/21)

Status of Proceeding: Pending (the suspension of the proceeding is further extended, pursuant to the parties' agreement on August 25, 2009)

Siemens A.G. v. Argentine Republic (ICSID Case No. ARB/02/8)

Status of Proceeding: Pending (the parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) on August 12, 2009)

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 (Enron Creditors Recovery Corporation and Ponderosa Assets, L.P. file a submission on costs on August 24, 2009)

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

Status of Proceeding: Pending (the Respondent files a counter-memorial on the merits on August 18, 2009)

Elsamex, S.A. v. Republic of Honduras (ICSID Case No. ARB/09/4)

Constitution of Tribunal on August 18, 2009. Sole Arbitrator: Enrique GÓMEZ-PINZÓN (Colombian)

Millicom International Operations B.V. and Sentel GSM S.A. v. Republic of Senegal (ICSID Case No. ARB/08/20)

Status of Proceeding: Pending (the Claimants file a request for provisional measures on August 24, 2009)

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

Status of Proceeding: Pending (the Claimants file a request for production of documents on August 24, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended on August 24, 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 Tribunal issues a decision on the Respondent’s request concerning the procedural calendar on August 24, 2009)

Status of Proceeding: Pending (the Claimants file observations on the Respondent’s request for disclosure of documents on August 26, 2009)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on annulmentin Washington, D.C. on August 24-26, 2009)

Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9)

Status of Proceeding: Pending (The Argentine Republic files a response to Continental Casualty Company’s observations of July 16, 2009 on August 21, 2009)