issue #21, week 44. 28 October 2009
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

provides a condensed overview of recent events of interest to the international arbitration community.

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NEWS

Iran plans to file 'gas complaint' against Turkey

Oct 24, http://www.presstv.ir/detail.aspx?id=109487&sectionid=351020103

Iran reportedly plans to file a complaint against Turkey at the International Chamber of Commerce (ICC) Commission on Arbitration over a 'reduction in gas imports'. The Iranian-based ISNA news agency says the complaint will be based on a "take or pay" clause in the gas deal between Iran and Turkey. Under the "take-or-pay" contract, the importer is required to take delivery of a minimum annual volume and pay if less is taken. The move came months after the international arbitrary body ruled in favor of Turkey in a gas price dispute with Iran. In February, Turkey won the Swiss-based arbitration case, obliging Iran to revise the per-unit price of gas exports to the neighboring country.

Guatemala Congress approves agreement to increase access to Belize and CARICOM markets

Oct 23, http://www.amandala.com.bz/index.php?id=9188

Notwithstanding an unresolved territorial dispute, Belize and Guatemala are about to implement an agreement to partially liberalize trade between the two countries. The agreement is being sold as a mechanism for boosting the economies of both countries, by expanding access to regional markets in Central America for Belize and the Caribbean for Guatemala. Belize claims it could boost trade to as much as $14 million by 2014, the year the agreement would be up for its first major review.

ABA: Proposed Bill Could Have Unintended Effects on International Arbitration

Oct 26, http://www.adr.org/sp.asp?id=36771

The proposed Arbitration Fairness Act of 2009 could have unintended, negative effects on international commercial arbitration, according to a report that accompanied a resolution recently passed by the American Bar Association's (ABA) House of Delegates.

Gold Reserve turns away would-be Las Brisas expropriators

Oct 27, http://www.mineweb.co.za/mineweb/view/mineweb/en/page34?oid=91403&sn=Detail

Gold Reserve is seeking protection from or up to $5bn in compensation through international arbitration as the Venezuelan Government apparently is moving to expropriate the Las Brisas gold-copper project. As the Venezuelan press continues to report the Venezuelan Government has seized the Las Brisas gold-copper project, Gold Reserve President Doug Belanger said representatives from CVG-Minerven-a state-owned corporation-showed up to claim Las Brisas but were turned away without incident.

Crystallex still trying to resolve Las Cristinas dispute in Venezuela

Oct 26, http://www.bnamericas.com/news/mining/Crystallex_still_trying_to_resolve_Las_Cristinas_dispute

Canadian miner Crystallex International continues to seek a resolution to the dispute with the Venezuelan government over its Las Cristinas gold project in the South American country, VP of investor relations Richard Marshall told BNamericas Monday.

Otto Marine disputes newbuilding cancellation

Oct 26, http://www.lloydslist.com/ll/news/otto-marine-disputes-newbuilding-cancellation/20017711433.htm

OTTO Marine is disputing the cancellation by GC Rieber Shipping of a second newbuilding at its Batamec Shipyard. Otto Marine said Polar Marine II, a joint venture 51% owned by GC Rieber, had agreed a rescheduled delivery date of October 30 this year for an offshore support vessel newbuilding being built at Batamec.

Otto Marine commences arbitration proceedings against Polar Marine I

Aug 14, http://www.ottomarine.com/090814CommencementofAbitrationProceedings.pdf

Further to an announcement made on 1 July 2009, the Board of Directors of Otto Marine Limited ("Company") wishes to announce that the Company has commenced arbitration proceedings against Polar Marine I Pte. Ltd. ("Purchaser") in relation to a shipbuilding contract ("Contract") that the Company had entered into with the Purchaser. The Company terminated the Contract with effect from 30 June 2009 following premature cancellation of the contract by the Purchaser.

The Company has, through its lawyers, served a notice of arbitration upon the Purchaser to commence arbitration at the Singapore International Arbitration Centre on the ground of premature cancellation of the Contract by the Customer.

The Company does not expect a material adverse effect on the net earnings per share or net tangible assets per share of the Company for the financial year ending 31 December 2009, in the event the Company is not successful in its claim.

Barillari plant expropriation planned (Argentina)

Oct 23, http://www.fis.com/fis/worldnews/worldnews.asp?l=e&country=0&special=&monthyear=&day=&id=34298&ndb=1&df=0

The Santa Cruz House of Representatives approved by majority the declaration of public utility and expropriation of the estate, facilities and private property pertaining to Marine Products Processing Plant of Barillari SA. … "The word 'expropriation' can alarm us, but this Barillari matter has been a long time in coming, and since it set up [its facilities] around the year 1985, it has lived in a permanent [state] of conflict -- first with the people of the permanent plant. The company also never let the trade union associations enter and act as they do in other companies," said Representative Ruben Contreras, author of the bill passed.

UBS Sues To Stop Arbitration By Group Of Swiss Investors

Oct 20, http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/200910201738DOWJONESDJONLINE000615_univ.xml

UBS AG's (UBS) securities unit sued a group of Swiss investors in the U.S. Tuesday, seeking to prevent them from pursuing an arbitration claim for $41 million in damages.

AbitibiBowater accuses Newfoundland of hypocrisy

Oct 20, http://www.thestar.com/business/article/713141--abitibibowater-accuses-newfoundland-of-hypocrisy

AbitibiBowater accused the Newfoundland government of hypocrisy Tuesday for turning to the courts to gain access to the insolvent paper giant's data room while denying the company a similar right during last year's expropriation. ... The company said it is owed more than $300 million from the expropriation of its various assets. It has yet to make good on its April filing of a notice of intent to submit a claim to arbitration under the North American Free Trade Agreement.

German Ambassador calls for immediate solution to Manila airport dispute

Sep 23, http://english.people.com.cn/90001/90777/90853/6765929.html

Germany's top diplomat to the Philippines admitted on Wednesday that the Arroyo government's failure to compensate a German contractor for its expropriation of the 650-million-U.S.-dollars Ninoy Aquino International Airport (NAIA) Terminal 3 has adversely affected the relations between the two countries.

Cement manufacturer Holcim denies Venezuela compensation talks

Sep 25, http://www.caribbeannetnews.com/article.php?news_id=18994

Holcim, the world's second largest cement maker, denied on Thursday that it was in talks with the Venezuelan government over a possible agreement on how much Venezuela should pay for its nationalised unit.

Vivendi Wins Significant Victory Over Deutsche Telekom and Elektrim in Poland

Sep 27, http://www.vivendi.com/vivendi/Vivendi-Wins-Significant-Victory

The Warsaw Court of Appeals denied the request of Deutsche Telekom (DT) and Elektrim for the recognition in the Republic of Poland of the arbitral award rendered in Vienna on November 26, 2004, confirming the position of Elektrim Telekomunikacja (Telco), a 51% Vivendi subsidairy. The decision is binding and enforceable in Poland. All of DT's and Elektrim's motions for recognition in the proceedings were rejected.

After the Austrian Supreme Court, this decision marks another and significant victory for Vivendi in its dispute with DT and Elektrim over its investment in the Polish telecom operator PTC.

As claimed by Vivendi since 2004 and contrary to the assertions of DT and Elektrim, the Warsaw Court of Appeals affirmed that the arbitral award has no effect on Telco's 48% ownership of PTC. DT and Elektrim had misused the arbitral award for years as false justification to lay claim to control those PTC shares and to exclude Telco out of PTC. This decision confirms that DT and Elektrim cannot claim Telco's 48% ownership on the basis of the arbitral award.

Areva blames Finnish firm for delays in Finland: report

Oct 2, http://www.google.com/hostednews/afp/article/ALeqM5iq1i-1zyUZxJk6ALENkbH1ddDnKQ

AFP — French nuclear giant Areva's boss has blamed Finnish electric firm TVO for delays in building a nuclear reactor in Finland, Finnish media reported Friday. ... A judgement on a dispute between Areva, Siemens and TVO over compensation for the delays is pending at the Paris-based International Chamber of Commerce.

Finnish Court of Arbitration rules on Neste-YIT contract conflict

Oct 1, http://www.nesteoil.com/default.asp?path=1;41;540;1259;1261;11663;13108

The Finnish Court of Arbitration has issued Arbitration Award on the contract dispute between Neste Oil and YIT Industrial and Network Services. The Court has found that the contract was not completed according to the agreed timetable for reasons attributable to YIT and has ruled as a result that YIT must pay Neste Oil the full delay penalties specified in the contract between the two companies, a total of some EUR 6.5 million. The Court has limited YIT's liability for delay, however, to the maximum amount of the delay penalties. This limitation was based on the General Terms for Building Contracts in Finland.

The Court of Arbitration has also ruled that YIT must pay damages to Neste Oil in the sum of EUR 500,000 for failing to inform Neste Oil of the delays affecting the contract that YIT was aware of. Under the terms of the ruling, YIT will also be required to pay Neste Oil a total of some EUR 370,000 in respect of other breaches of contract.

The Court of Arbitration rejected all the claims lodged by YIT related to prolongation of the contract period.

The Court has also ruled that Neste Oil must pay a total of approximately EUR 5.1 million to YIT in respect of contested contractual payments due to YIT. Neste Oil had also thus far withheld uncontested contractual payments due to YIT, totaling some EUR 3.6 million.

The dispute between Neste Oil and YIT relates to disagreements linked to the final financial settlement of mechanical installation work on diesel production line 4 at Neste Oil's Porvoo refinery, which was completed and came on stream in summer 2007. The dispute was put before the Court of Arbitration in April 2008.

Neste Oil claimed total damages of EUR 107 million from YIT, of which EUR 38.5 million related to contract delays and some EUR 68.5 million to subsequent lost production. YIT lodged counter claims against Neste Oil totaling some EUR 25 million, primarily based on work carried out under the contract and additional costs incurred due to prolongation of the project. Both parties contested each other's claims.

The Arbitration Award is final.

Deutsche Bank ready for arbitration with Kirch

Sep 30, http://www.forbes.com/feeds/afx/2009/09/30/afx6947319.html

Reuters - Deutsche Bank is ready in principle to enter arbitration with media mogul Leo Kirch, it said on Wednesday, potentially setting the stage for resolving one of corporate Germany's most bitter disputes.

Telecom Italia has proposed a new arbitration process in Bolivia

Oct 23, http://www.reuters.com/article/rbssMediaDiversified/idUSLM530320091023

Telecom Italia has proposed a new arbitration process in Bolivia over the nationalisation of local phone company Entel, ANSA reported on Thursday, citing unnamed sources close to the matter. Telecom Italia hopes the proposal, which seems Bolivia has accepted, could accelerate its request for damage, it said. Telecom Italia was not reachable.

South Africa: Foreign miners' expropriation claim 'threatens SA policies'

Oct 22, http://www.businessday.co.za/articles/Content.aspx?id=84662

POLICIES that give effect to the constitution could be threatened by a compensation claim brought against SA by foreign mining companies, say four nongovernmental organisations (NGOs).

The NGOs — including the Centre for Applied Legal Studies and the Legal Resources Centre — have been allowed to take part in an international dispute between SA and Italy's Red Graniti and Luxembourg's Finstone corporations.

The investors seek 266m in compensation for what they claim is an effective expropriation of their mineral rights through SA's Mineral and Petroleum Resources Development Act.

The dispute will be arbitrated in April by a tribunal under the World Bank's International Centre for Settlement of Investment Disputes. Its decision could have serious consequences for SA's developmental objectives. A successful claim could pave the way for future claims and require the act to be amended.

RIL declines 'arbitration' led truce

Oct 22, http://news.in.msn.com/business/article.aspx?cp-documentid=3299970

New Delhi: Adding to its observation on the Ambani brothers' battle over gas, that shareholders and everyone else were suffering due to a personal standoff between the two chiefs, the Supreme Court today asked if the issue couldn't be settled by mediation or arbitration.

Hong Kong International Arbitration Centre Formed a Special Committee To Investigate Possible Internal Wrongdoings

Oct 14, http://abnnewswire.net/press/en/61579/Hong_Kong_International_Arbitration_Centre_Formed_a_Special_
Committee_To_Investigate_Possible_Internal_Wrongdoings.html

The Asian Domain Name Dispute Resolution Centre (ADNDRC) announced on October 5 that the ADNDRC Council had formed a special committee to investigate whether, in view of the potential claims which have been made against the Hong Kong Office of the ADNDRC and its personnel, there are potential liabilities of ADNDRC caused by any wrongdoings or misconduct on the part of ADNDRC administrative personnel in Hong Kong, in connection with its handling of domain name disputes.

Tribunal rules against Canada in U.S. lumber spat

Sep 28, http://www.financialpost.com/story.html?id=2043844

An international trade tribunal has ruled in favour of the United States in a dispute with Canada over a 2007 breach of the softwood lumber deal between the two nations, the U.S. Trade Representative said on Monday.

Canada will obey softwood ruling: Harper

Sep 29, http://www.cbc.ca/world/story/2009/09/29/softwood-payment-harper-day.html

Canada is not pleased with its recent loss on softwood lumber duties, but the government will follow the decision of an international trade tribunal.

Venezuelan government occupies and expropriates Venezuela sugar mill

Oct 22, http://www.vheadline.com/readnews.asp?id=85167

El Universal: The national government resolved on Wednesday the temporary occupation and subsequent expropriation of Venezuela sugar mill, located in western Zulia state, reported Minister of Agriculture & Lands Elias Jaua.

Telefonica withdraws complaint against Argentina

Oct 21, http://www.buenosairesherald.com/BreakingNews/View/15174

Spain's Telefonica has withdrawn a complaint against the Argentine government over tariffs, paving the way for a broad agreement on pricing in the Latin American country, a Telefonica spokesman said. In 2003, Telefonica, along with around 20 other foreign companies operating in Argentina, filed complaints against the federal government with the International Centre for Settlement of Investment Disputes related to the freezing of tariffs in Argentina in 2002.

Ecuador Delays Picking Arbitrator In Chevron Case

Oct 22, http://www.easybourse.com/bourse/actualite/ecuador-delays-picking-arbitrator-in-chevron-case-749504

Dow Jones - Despite a looming deadline, Ecuador hasn't chosen an arbitrator for the claim that Chevron Corp. (CVX) filed last month against it with the Permanent Court of Arbitration in the Hague, and will take some time to appoint a representative. "The deadline to appoint our representative is today. We are analyzing names and the process could take some weeks," a high government official told Dow Jones Newswires Thursday. ... Chevron chose Horacio Grigera Naon.

Ecuador rejects Chevron arbitration claim

Sep 24, http://www.google.com/hostednews/ap/article/ALeqM5gVrCzZlYaU6qu3M4uRLV8QXDBaKAD9ATUFJO2

AP - Ecuador on Thursday rejected as an inappropriate last-ditch effort Chevron Corp.'s attempt to force it into international arbitration so it might share liability in a $27 billion lawsuit over environmental damage in the Amazon rainforest. In a statement, the Attorney General's office said U.S.-based Chevron was trying to achieve through arbitration what it couldn't in U.S. and Ecuadorean courts.

Ecuador: Petroecuador Will Ask To Cancel Perenco Contract

Sep 24, http://online.wsj.com/article/BT-CO-20090924-705313.html

Petroecuador will ask the mines and oil minister to start a process to cancel the Anglo-French company Perenco Corp.'s contract in Ecuador.

BMA may have to fork out small fortune at International Court

Sep 24, http://www.nationmultimedia.com/2009/09/24/national/national_30112925.php

Bangkok Metropolitan Administration (BMA) may have to shell out up to Bt1 billion to settle its dispute over fire vehicles at the International Arbitration Court in Paris.

"This is in addition to fees for lawyers and air tickets during the court's hearings," an informed source revealed yesterday.

Norman Girvan to help settle Guyana territory dispute

Oct 4, http://www.trinidadexpress.com/index.pl/article_news?id=161540070

Guyana and Venezuela have agreed to nominate a Jamaican economist to mediate efforts at settling a long-standing dispute over most of Guyana's territory, the Foreign Ministry said yesterday.

Polish Government to pay J&S Energy almost 20 mln euro

Oct 21, http://polskieradio.pl/thenews/business/artykul118391_government_to_pay_j_s_almost_20_mln_euro.html

The Supreme Administrative Court has ruled that the government will have to pay half a billion zloty to the J&S Energy concern after it fined the company for having too-few fuel reserves. ...

Additionally, Mercury Energy Group, Ltd., the owner of J&S, has filed for 700 million USD in damages from the Polish government. Owners of the firm claim that the Polish government discriminated against J&S and caused major losses for the company. The case is being investigated by the Arbitration Institute of the Stockholm Chamber of Commerce.

Vanco PSA agreement dispute headed for arbitration in Stockholm

Oct 2, http://www.ukrainianjournal.com/index.php?w=article&id=9191

The Arbitration Institute of the Stockholm Chamber of Commerce has scheduled hearings for March 15-28, 2010 on a conflict between Vanco Prikerchenska Limited and Ukraine to make Ukraine to implement a PSA agreement signed in October 2007.

Sudan's SPLM voices commitment to int'l arbitration ruling on Abyei

Oct 12, http://news.xinhuanet.com/english/2009-10/12/content_12213907.htm

The Sudan People's Liberation Movement (SPLM) in southern Sudan stressed its full commitment on Sunday to a ruling by the international court of arbitration on the oil-rich Abyei, a disputed area between SPLM and the ruling National Congress Party (NCP) in the north.

Malta: Law to be changed to facilitate backdated payments

Oct 23, http://www.timesofmalta.com/articles/view/20091023/local/law-to-be-changed-to-facilitate-backdated-payments

There is still no timeline for paying the compensation owed to all the former property owners of expropriated land, because of the massive backlog of paperwork dating back decades. However, a government spokesman yesterday said they were looking into making a set of changes in the law that would facilitate backdated payments to land owners over a fixed number of years. For the past 10 years, the government has slowly been repaying former owners for land expropriated from them over many years.

see also "Labour-expropriated land now valued millions of euros" http://www.timesofmalta.com/articles/view/20091022/local/labour-expropriated-land-now-valued-millions-of-euros

Archangel Diamond Corporation Stockholm Arbitration terminated

Oct 22, http://www.archangeldiamond.com/pdf/ADC_News-Release-Oct-22-09.pdf

Archangel Diamond Corporation ("The Corporation") has been notified by the Stockholm Arbitration Tribunal that Uncitral Arbitration Case 074/2006 v. Arkhangelskoye Geologodobychnoe Predpriyatye ("AGD") has been terminated. The termination is without prejudice and each party shall bear its own costs with respect to its legal representation and assistance.

The Corporation's re-structuring under Chapter 11 of the US Bankruptcy Code is proceeding in Colorado, USA. The Disclosure Plan for creditors and shareholders is scheduled to be presented to the Court for approval on October 30 and mailed to creditors and shareholders shortly thereafter.

Gold Reserve Files International Arbitration Against the Venezuelan Government

Oct 21, http://www.goldreserveinc.com/documents/nr%2009-19.pdf

Gold Reserve Inc. (NYSE-Amex: GRZ) (TSX: GRZ) today announced that it has filed a Request for Arbitration under the Additional Facility Rules of the International Centre for Settlement of Investment Disputes ("ICSID") of the World Bank, in Washington D.C., against the Bolivarian Republic of Venezuela seeking compensation for the losses caused to the Company resulting from Venezuela's violations of the Agreement between the Government of Canada and the Government of the Republic of Venezuela for the Promotion and Protection of Investments ("Canada-Venezuela Treaty") in regard to the Company and its investments in Venezuela relating to the Brisas Project and the Choco 5 property in the Bolivar State of Venezuela.

As described in the Request for Arbitration, after enjoying years of support from the relevant Venezuelan authorities in developing its mining projects, investing nearly US$ 300 million in exploration and development, and developing the Brisas Project in particular to the threshold of production, the Company's investments were unlawfully and effectively taken from it as a result of the decisions and actions taken, directed, and supported by the administration of President Hugo Chávez.

The wrongful and expropriatory acts by the Venezuelan Government include unreasonable delays by the Venezuelan Ministry of Environment ("MinAmb") in completing the permitting process for the Brisas Project, MinAmb's rescission of the March 2007 permit for the commencement phase of the Brisas Project for pretextual reasons, the announcement by President Chávez in January 2009 that the Government was taking over the Brisas Project, the denial by the Venezuelan Ministry of Mines ("MIBAM") of the extension of the Brisas del Cuyuni alluvial gold concession for erroneous and pretextual reasons and in disregard of Venezuela's mining law, and failing to maintain a fair, stable and transparent legal environment.

These and other actions have had the effect of denying the Company its right to fair and equitable treatment as required by the Canada-Venezuela Treaty, including protection against unlawful expropriation and treatment in accordance with international law. As a result of such treatment, the Company has suffered substantial loss and damage, including the value of the Company's investments in Venezuela, which must be assessed but for Venezuela's wrongful conduct and in view of the projected profitability of those investments, which is estimated to be approximately US$ 5 billion. The Company will seek compensation in the arbitration for all of the loss and damage resulting from Venezuela's wrongful conduct.

Douglas Belanger, President of Gold Reserve said, "Gold Reserve has been a dedicated and conscientious investor in Venezuela. In view of the Government's actions, the Company consistently has sought to meet with the Government and hoped to reach an amicable resolution of the dispute. The Government's actions, however, have resulted in significant loss to the Company and its shareholders and in view of the Government's unwillingness to address these matters on an amicable basis, it became necessary to commence international arbitration as permitted under the Canada-Venezuela Treaty. While we are disappointed to have to proceed to arbitration, we are confident in our case."

Ivanhoe Mines and Rio Tinto sign long-term Investment Agreement with Mongolia to build and operate Oyu Tolgoi copper-gold mining complex

Oct 23, http://www.ivanhoe-mines.com/i/pdf/2009-10-06_NR.pdf

Ivanhoe Mines today signed a long-term Investment Agreement with the Government of Mongolia that establishes a comprehensive framework for the construction and operation of the Oyu Tolgoi copper-gold mining complex in Mongolia's South Gobi Region.

Any disputes between parties that cannot be resolved by the parties within 60 working days may be settled by binding arbitration in accordance with the procedures under the Arbitration Rules of the United Nations Commission on International Trade Law.

Motorola, Nokia Seek $3 Billion Uzan World Bank Claim

Oct 13, http://www.bloomberg.com/apps/news?pid=20601103&sid=aF5rnkaWy27I

Motorola Inc. and Nokia Oyj won a total $4.8 billion judgment against members of the Uzan family - - Turkish fugitives who were once owners of that country's second-largest cell phone company -- in a 2002 lawsuit in New York. Of that, $3.4 billion remains unpaid. Now, Motorola and Nokia say in court papers that they've identified a Cypriot shell company as the Uzans' "alter ego." The company, Libananco Holdings Co., has a $10 billion claim against Turkey pending before World Bank arbitrators over the seizure of two Uzan electricity companies. Motorola and Nokia are asking a U.S. judge to seize Libananco's claim against Turkey in that case in Washington.

Pulp Mills on the River Uruguay (Argentina v. Uruguay) Conclusion of the public hearings Court begins its deliberation

Oct 2, http://www.icj-cij.org/docket/index.php?p1=3&p2=1&case=135

The public hearings in the case concerning the Pulp Mills on the River Uruguay (Argentina v. Uruguay) were concluded today. The Court has started its deliberation.

During the hearings, which opened on 14 September 2009 at the Peace Palace, seat of the Court, the delegation of the Argentine Republic was led by H.E. Ms Susana Ruiz Cerutti, Ambassador, Legal Adviser to the Ministry of Foreign Affairs, International Trade and Worship, as Agent. The delegation of the Eastern Republic of Uruguay was led by H.E. Mr. Carlos Gianelli, Ambassador of the Eastern Republic of Uruguay to the United States of America, as Agent.

The Court's Judgment will be rendered at a public sitting, the date of which will be announced in due course.

The verbatim records of the hearings held between 14 September and 2 October 2009 are available on the Court's website (www.icj-cij.org).

W&L and United Nations Partner on International Investment Project

Oct 19, http://law.wlu.edu/news/storydetail.asp?id=643

Washington and Lee School of Law has announced a new partnership with the United Nations Conference on Trade and Development (UNCTAD) to explore the prevention and efficient management of investment treaty disputes.

Ministry of Treasury of Poland and Eureko B.V. sign settlement agreement

Oct 2, http://www.eureko.net/press/eureko/archives/2009-10-02.asp

Joint Press Release: The State Treasury Minister of the Republic of Poland and the Executive Board of Eureko B.V., a privately-held limited liability company organized under Dutch law report that an agreement was concluded today between the State Treasury and Eureko B.V. whose subject is to establish the rules for amicably ending the arbitration dispute between the Republic of Poland and Eureko B.V. and Eureko's gradual divestment from its participation in PZU SA's share capital. The agreement contains provisions leading to the following:

1) discontinuing the arbitration proceeding conducted before the Arbitration Tribunal formed pursuant to the Treaty between the Republic of Poland and the Kingdom of the Netherlands on Encouragement and Mutual Protection of Investments and mutually waiving claims;

2) having Eureko B.V. waive all other claims raised in the past with respect to the State Treasury or PZU SA and their representatives;

3) dissolving the privatization agreement of 1999 and the "First Addendum" of 2001;

4) having Eureko B.V. waive the corporate governance rights in which it is vested in PZU SA, entailing in particular the appointment of PZU SA Supervisory Board and Management Board members;

5) having Eureko B.V. confer to the State Treasury rights defined in detail in the settlement agreement to control Eureko B.V.'s further divestment, based on which the State Treasury can name buyers of equity stakes sold by Eureko B.V.or approve a list of entities acquiring shares in an offer organized by financial institutions, provided that these buyers or entities pay the market price, as defined in the settlement agreement;

6) having Eureko B.V. undertake not to compete with PZU SA in the Republic of Poland for a period of three years from the time when Eureko B.V. reduces its exposure to PZU SA's share capital below 13%;

7) having Eureko B.V. contribute a 10% stake in PZU SA and having the State Treasury Minister contribute a 4.9% stake in PZU SA to a special-purpose vehicle organized under Polish law in the form of a joint-stock company whose sole purpose is to conduct a public offering and to effect settlements between the parties as worded in the settlement agreement; all the voting shares in the special-purpose vehicle will be in the possession of the State Treasury of the Republic of Poland while Eureko B.V. shall hold non-voting shares endowed with economic preferences prescribed by the company's articles of association;

8) having the parties undertake mutual obligations to conduct a public offering to sell shares in PZU SA in which, in addition to the shares held by the special-purpose vehicle, at least a 5% stake in PZU SA held by Eureko B.V. will also be offered according to the terms laid down in the settlement agreement;

9) having Eureko B.V. undertake not to purchase any shares in PZU SA for a period of 16 years from conducting the public offering to sell shares in PZU SA such that Eureko B.V.'s participation in the share capital will not exceed 5%;

10)having PZU SA disburse an amount of approximately PLN 12,750,000,000.00 as an interim dividend by the end of November 2009 to be charged to the following:

(1) equity - PLN 12,000,000,000.00 and

(2) profit for the period from 1 January 2009 to 30 June 2009.

11)defining the State Treasury's obligations and performances entailing the following:

(1) having the State Treasury establish in favor of Eureko B.V. a usufruct right on 24 043 345 shares in PZU SA, without transferring, however, any voting rights or other corporate governance rights to Eureko B.V. for a finite period up to 31 January 2010;

(2) procuring the conduct of a public offering to sell the shares of PZU SA by a deadline of 31 December 2011 or - in the event of an unsatisfactory price and Eureko B.V.'s exercise of the right in which it is vested to suspend the public offering - by a deadline of 31 December 2012 and settling Eureko's investment resulting from the contribution of a 10% stake in PZU SA to the special-purpose vehicle.

The above means Eureko B.V.'s waiver of the claims it has raised against the Republic of Poland and its corporate rights stemming from the 1999 and 2001 agreements and included in the PZU's articles of association, protection of PZU SA against competition by Eureko B.V. during the divestment period and Ministry of the State Treasury's control over the divestment process itself, including the public offering of shares in PZU SA. In return for the above, Eureko B.V. acquires rights to receive the amount of PLN 3.55 billion as the dividends obtained by Eureko by virtue of the usufruct on the State Treasury's shares and the amount PLN 1 billion 224 million as the guaranteed amount when clearing the sale of the 4.9% stake in PZU SA during the IPO. The settlement agreement, however, does not entail any payments for Eureko from the state budget.

Eureko B.V.'s waiver of claims and personal rights and the discontinuation of the proceeding before the Arbitration Tribunal and other legal proceedings shall become effective at the time when Eureko B.V.'s bank account is credited with the amount of the interim dividend due to Eureko B.V.'s shares and the interim dividend amount due to the State Treasury's shares delivered under usufruct to Eureko B.V. during the period up to the end of January 2010.

Signed agreement foresees gradual decrease of Eureko's participation in PZU, both during the IPO and afterwards. It also includes regulations restricting for the period of 16 years after the date of the IPO, Eureko's ability to acquire PZU's shares. This restriction seizes to apply only once Eureko's stake in PZU decreases below 5%. In such case, within the 16 years long period, Eureko does not have a right to exceed 5% threshold.

The conclusion and performance of the provisions of the settlement agreement comply with the State Treasury of the Republic of Poland's strategic intentions of making PZU SA a strong financial institution with its decision-making center in the Republic of Poland and listed on the Warsaw Stock Exchange. This settlement agreement will enable both the State Treasury of the Republic of Poland and Eureko B.V. to release the value of their investment in PZU SA, including Eureko B.V.'s divestment while fostering PZU SA's further development. The parties expect that ending the dispute conducted before the Arbitration Tribunal as well as other disputes will open up possibilities for the parties to cooperate to ensure the best possible outcome in the public offering to sell shares in PZU SA and to procure the highest possible investment return for all of PZU SA's shareholders.

Advisory Committee on International Economic Policy Submits Report on Review of U.S. Model Bilateral Investment Treaty

Sep 30, http://www.state.gov/r/pa/prs/ps/2009/sept/130097.htm

Today, the Department of State hosted a meeting of the Advisory Committee on International Economic Policy (ACIEP). The meeting, which was open to the public, focused on a report from the Investment Subcommittee regarding its review of the U.S. Model Bilateral Investment Treaty (BIT). The ACIEP agreed unanimously to forward the report to the Administration for its consideration.

DNO International ASA - Arbitration Proceedings

Oct 1, http://www.dno.no/Press--Media/Press-Releases/3273/DNO-International-ASA---Arbitration-Proceedings/

As explained during the presentation given at the Market and Media Update on 28 September 2009, DNO signed two Production Sharing Agreements (PSA) in Kurdistan in 2004. DNO was the only participant to the PSA at the time with a 40 % economic/beneficial interest. On several occasions DNO communicated to the market that the final terms of the contracts would be subject to final review and the additional participants on the PSA's would be reported in due course.

Following implementation of, and in accordance with, the new oil and gas law in the Kurdistan Region in 2007, all contracts were subject to review to comply with the new legislation. In all countries, including Norway, there are certain requirements to be fulfilled for companies which apply for contracts for exploration and production of oil and gas. For DNO's contracts in Kurdistan such review was completed in March 2008.

As reported at the Market and Media Update on 28 September 2009, DNO is involved in arbitration proceedings related to certain third party interests in Kurdistan. Such third parties were not approved to be part of or have any rights in the PSC's following the reviews which were completed in March 2008.

DNO has rejected the basis for any claims from such third parties, which relates to up to 10 % beyond DNO's interest in the PSC. The first part of the arbitration has ruled the right to seek compensation for damages from DNO Iraq AS, which is a subsidiary of DNO International ASA. The arbitration proceedings are therefore continuing and a final award with respect to possible compensation for damages is expected in the second quarter of 2010.

Accordingly there are no other parties who have any rights to an interest in the PSC's, beyond what were reported on 6 April 2009.

Ongoing arbitration proceedings are confidential as is any award, subject of course to any legal obligation on DNO to disclose or report any future possible award. DNO is therefore unable to make any further comments related to the arbitration.

There has been no formal statement of claim specifying the damages requested in the arbitration to date. During our ongoing discussions with KRG we have understood that the arbitration is not part of the present suspension period in Kurdistan, which DNO is working to resolve as soon as possible.

DNO has reported the arbitration in the note to the 2008 Annual report and in the notes to the Second Quarter 2009 Interim Report. No further information can be given at this stage.

Victory for Talisman Energy; Precedent-Setting Win Sets High Bar for Plaintiffs in Future Alien Tort Statute Cases

Oct 6, http://www.prnewswire.com/news-releases/lovells-secures-appellate-victory-for-talisman-energy-63609957.html

Lovells LLP announced that the US Court of Appeals for the Second Circuit affirmed a lower court's dismissal of a case, brought under the Alien Tort Statute, against Lovells' client Talisman Energy Inc.

The Alien Tort Statute, enacted in 1789, has been used in recent years by plaintiffs seeking to hold multinational corporations liable for violations of international law allegedly committed by foreign governments. In affirming the dismissal of the case against Talisman Energy, the Court of Appeals not only emphasized that there was no evidence of any improper conduct by the company but also set a high bar for future Alien Tort Statute cases: In the Second Circuit, including New York federal courts, claims that a corporation aided and abetted or conspired with a foreign government no longer can be maintained unless the company acted with the purpose of facilitating violations of international law.

Marc Gottridge, the Lovells partner who argued the appeal, pointed out that by rejecting the plaintiffs' attempt to premise liability on mere "knowledge," the Court of Appeals imposed a significant barrier to abuses of the statute by plaintiffs. Chief Judge Dennis Jacobs, author of the court's 68-page opinion, wrote that if liability under the Alien Tort Statute "could be established by knowledge of (a government's) abuses coupled with only such commercial activities as resource development, the statute would act as a vehicle for private parties to impose embargoes or international sanctions through civil actions in United States courts."

The Decision on Appeal

The Second Circuit's affirmance of the District Court's decision vindicates Talisman Energy's conduct during its former involvement with Sudan. As Chief Judge Jacobs noted, "plaintiffs presented no evidence that the company acted with the purpose of harming civilians living in Southern Sudan." Indeed, the Court of Appeals' decision observes, "senior Talisman officials protested to the government" of Sudan when they became aware of allegations of wrongdoing by that country's military. As Chief Judge Jacobs aptly put it, "this evidence of knowledge (and protest) cuts against Talisman's liability."

For future cases, what is useful is that the Second Circuit has set a high bar: plaintiffs may not prevail against corporate defendants merely by alleging knowledge of the wrongs of host governments coupled with ordinary commercial activity but rather must show substantial assistance rendered with the purpose of committing the crimes against international law. As Gottridge points out, this standard, coupled with the recent US Supreme Court decisions requiring plausibility in a plaintiff's complaint (Iqbal v. Ashcroft and Twombly v. Bell Atlantic Corp.) "will make it difficult for plaintiffs' lawyers in the future to subject energy, mining or other companies to years of litigation in strike suits brought under the Alien Tort Statute."

In its decision, the Court of Appeals did not resolve, but instead reserved for another day, an additional argument made by Lovells on behalf of Talisman Energy: that customary international law does not permit claims to be made against corporations. That body of law is directed primarily to the conduct of nations and in some cases individuals, but (as Lovells argued) does not support imposition of liability on artificial "persons" such as corporations. The Court of Appeals held that because plaintiffs' claims failed on other grounds, it was unnecessary to reach that question in this case.

Oil firms seek $1bn Kazakh refund

Sep 22, http://news.bbc.co.uk/2/hi/business/8269067.stm

A venture involving UK gas company BG is asking for more than $1bn (£613m) in export duty refunds from Kazakhstan. BG, Italy's Eni, Russia's Lukoil and US firm Chevron jointly operate a Kazakh gas field, and have filed the claim in an international court in London. Kazakh Energy Minister Sauat Mynbayev said the amount was "just over" $1bn and he hoped the matter could be settled through negotiations. Kazakhstan introduced the levy in May 2008, when oil was at record highs.

Bangladesh: Maritime Boundary Disputes

Oct 16, http://www.energybangla.com/index.php?mod=article&cat=SomethingtoSay&article=2197

Bangladesh Government has decided to settle maritime boundary disputes through arbitration under the 1982 United nations Convention on Law of the Sea (UNCLOS).

Bangladesh orders seismic survey on maritime boundaries

Oct 22, http://story.birminghamstar.com/index.php/ct/9/cid/3a8a80d6f705f8cc/id/556723/cs/1/

A seismic survey is being done to check whether its current boundaries with India and Myanmar are accurate. Dhaka has recently had disputes with its neighbours about the boundaries, and is paying a Dutch firm to conduct the survey at a cost of nearly $12 million.

Tullow Starts Negotiation for Gas Deal

Oct 16, http://www.energybangla.com/index.php?mod=article&cat=GasSector&article=2195

Maritime boundary disputes cropped up as Irish international oil company (IOC) Tullow Wednesday started negotiation with the state-owned Petrobangla to sign deal on hydrocarbon exploration in Bangladesh territory in the Bay of Bengal. Official sources said the Tullow delegation, led by John McKenna, Exploration Manager for South Asia & South America, asked for Bangladesh clarification and position on the disputed area in the bay where neighbouring India and Myanmar are making their claim of overlapping.

Foley Hoag Retained by Bangladesh for Arbitrations against India and Myanmar over Boundaries in Bay of Bengal's Resource-Rich Waters

Oct 13, http://www.foleyhoag.com/NewsCenter/PressCenter/2009/10/13/Foley_Hoag_Represents_Bangladesh.aspx

Dispute has frustrated Bangladesh's attempts to access undersea oil and natural gas; Foley Hoag lead counsel Paul Reichler says Myanmar warships have intimidated foreign oil companies from drilling in Bangladesh waters

Foley Hoag LLP has been retained by the government of Bangladesh in two just-filed arbitration actions against the neighboring states of Myanmar (Burma) and India over maritime borders in the resource-rich Bay of Bengal.

The actions by Bangladesh were brought under the United Nations Convention on the Law of the Sea (UNCLOS) to which all three countries are signatories. The Convention provides for compulsory arbitration to resolve maritime boundary disputes among parties to the treaty, which are obliged to accept the arbitral body's final ruling.

Bangladesh negotiated with Myanmar and India off and on for several decades in an attempt to resolve overlapping claims in the Bay of Bengal, which is reportedly rich in undersea deposits of oil and natural gas. Paul Reichler, who leads the Foley Hoag team representing Bangladesh, says foreign oil companies holding exploration licenses from Bangladesh, including ConocoPhillips and UK-based Tullow Oil plc, have been intimidated by warships from Myanmar within waters Bangladesh claims as its own.

"The exaggerated claims of Myanmar and India, and aggressive actions by Myanmar in particular, have effectively prevented Bangladesh from exploiting potentially huge deposits of oil and natural gas located off its coast," said Mr. Reichler. "Unfortunately, negotiations have been deadlocked for years, leaving international arbitration as the only way for Bangladesh to achieve peaceful and lawful resolutions of these maritime boundary issues, and definitive borders that will ultimately allow it to access natural resources that will benefit the Bangladeshi people."

In separate proceedings against each of its two neighbors, Bangladesh has referred to binding arbitration its maritime boundaries in the territorial sea (out to 12 nautical miles from the shoreline), the Exclusive Economic Zone (or EEZ, to 200 nautical miles from shore), and the continental shelf (beyond 200 miles from shore).

Bangladesh's complaint against Myanmar states that Myanmar has granted concessions to oil companies that, "have engaged in drilling and other exploratory activities in disputed areas without prior notice to or consent by Bangladesh." The complaint against India states that it "denies Bangladesh any portion of its continental shelf whatsoever beyond 200 nautical miles, [and] is inconsistent with the principles and rules established by UNCLOS."

Neither Myanmar nor India has yet responded to the arbitration notifications, which were filed by Bangladesh on October 8. They each have 30 days under the applicable rules to appoint an arbitrator, or one will be appointed for them. Mr. Reichler said that arbitrations of this type can take up to 3 to 4 years from the initial notification to the final decision.

Bangladesh Foreign Secretary Mohamed Mijarul Quayes said, "This will allow us to once and for all settle this dispute with our neighbors, to ensure that our sovereign rights to the natural resources in the sea are fully respected, and to move forward to an era of prosperity as we exploit our national wealth for the good of all the people of Bangladesh. It is in keeping with our obligations under the Charter of the United Nations to seek a solution to disputes by peaceful means. We wish to conclude by reassuring our neighbors India and Myanmar of our commitment to friendship and the pursuit of mutual prosperity."

In addition to Mr. Reichler, Bangladesh is represented by Foley Hoag partners Lawrence Martin and Andrew Loewenstein, as well as Professor James Crawford of Cambridge University in the United Kingdom and Professor Payam Akhavan of McGill University in Canada.

See also http://amlawdaily.typepad.com/amlawdaily/2009/10/bangladesh-burma-war-lawyers.html , http://www.thedailystar.net/newDesign/news-details.php?nid=109716 and http://www.upi.com/Science_News/Resource-Wars/2009/10/12/Bangladesh-offshore-water-energy-assets-in-dispute/UPI-71201255374355/

Settling sea borders 'critical for progress'

Oct 10, http://bdnews24.com/details.php?id=144596&cid=2

Foreign minister Dipu Moni has said that settling the maritime boundary disputes with India and Myanmar is critical for Bangladesh's progress.

Oil-sands royalty estimates could be out by $100M auditor says, matter is likely to go to arbitration

http://www.vancouversun.com/business/fp/sands+royalty+estimates+could+100M+auditor/2060831/story.html

Alberta's auditor general has found major problems with Alberta Energy's oilpatch royalty calculations that could cost Albertans hundreds of millions of dollars. Fred Dunn says the department has allowed oil sands giants Suncor and Syncrude to pay royalties based on a bitumen price that is half of what all other producers pay. Mr. Dunn said the companies have since amended the bitumen price, but the matter is likely to go to arbitration.

ICSID Tribunal rejects EDF's claims against Romania

Oct 14, https://www.whitecase.com/News/Detail.aspx?news=3092

Press release: A three-member tribunal unanimously rejected in their entirety and dismissed all claims against Romania and awarded Romania US$6 million in costs in an arbitration brought under the Romania-United Kingdom bilateral investment treaty before the World Bank's International Centre for Settlement of Investment Disputes (ICSID).

Claimant EDF (Services) Limited (EDF), a company incorporated in the Bailiwick of Jersey, entered into agreements with two state-owned companies to form EDF ASRO S.R.L. (ASRO) and SKY SERVICES (ROMANIA) S.R.L. (SKY), through which EDF would provide duty-free and other retail services at Romanian airports and on-board Romania's national airline. After its partners declined to renew the agreements, EDF filed claims against Romania for more than US$132 million, alleging that its investments had been expropriated and that it had been treated unfairly, inequitably, arbitrarily, and discriminatorily after it allegedly refused to pay a US$2.5 million bribe allegedly demanded by high-ranking government officials.

On October 8, 2009, the Tribunal rejected all of EDF's claims in their entirety.

"The Tribunal carefully considered the evidence and arguments of the parties and unanimously found that Romania did not violate any of obligations to EDF under the bilateral investment treaty," said White & Case partner Darryl S. Lew. "The arbitral award vindicated the reasonableness of the state-owned companies' decision not to renew the agreements with EDF and found Claimant's proffered proof of corruption to be fundamentally lacking and not credible."

The award is the culmination of a long-running dispute that has been the subject of significant publicity in view of the allegations of corruption. The case is EDF (Services) Limited v. Romania (ICSID Case No. ARB/05/13).

EnCana & NDP could go to arbitration over replacement work plan

Sep 30, http://thechronicleherald.ca/Business/1145114.html

EnCana and the province have been in negotiations for months to replace the work. There has been no substitution work announced and the province has stated if it is not satisfied then the government can go to arbitration. Building the offshore accommodation unit would have meant 280,000 hours of work, which was expected to last a year.

...

In the agreement signed with the Nova Scotia government over three years ago, EnCana promised to create jobs for Nova Scotians on the huge energy project. EnCana has guaranteed 1.35 million hours of work in Nova Scotia, with 850,000 hours to be done by Nova Scotians.

Transeuro Energy Corp. Final Settlement of Ukraine Joint Venture Dispute

Sep 25, http://www.transeuroenergy.com/tmp/NewsReleases.asp?ReportID=365330&_Type=News-Releases&_Title=Final-Settlement-of-Ukraine-Joint-Venture-Dispute

Transeuro Energy Corp. ("Transeuro" or the "Company") announces that the Company has signed final and binding Agreements with Rohol-Aufsuchungs Aktiengesellschaft ("RAG") to settle the dispute pertaining to the purported withdrawal by RAG from the joint venture company 'Scythian Energy BV'. The final agreements are consistent with the 'Term Sheet' that was disclosed in the announcement on September 1st.

The salient points of the Settlement Agreement include:

David Worrall, President and CEO of Transeuro commented, "Final settlement of the dispute with RAG will now enable Transeuro to resume activity in Ukraine. We are pleased that RAG have retained an interest in Scythian as this emphasizes the attractiveness of our Ukraine assets to European focused energy groups regardless of the general economic situation affecting the country. As previously stated, our preferred route going forward is to attract new partners to assist in the cost of developments up to the point where the Ukraine assets are cash positive."

Transeuro Energy Corp. is involved in the acquisition of petroleum and natural gas rights, the exploration for, and development and production of crude oil, condensate and natural gas. The Company's properties are located in Canada, Armenia, and Ukraine. In addition, the Company owns shares in Eaglewood Energy Inc. and holds a back-in option to their exploration licenses.

Brandon Research Fellowship in International Law 2010 (The Lauterpacht Centre for International Law)

http://www.lcil.cam.ac.uk/news/article.php?section=25&article=1071

The Lauterpacht Centre for International Law is pleased to announce the establishment of the Brandon Research Fellowship, funded by the generous gift of Mr Michael Brandon MA, LLB, LLM (Cantab.), MA (Yale), Member of the English Bar (1952) and a Fellow of the Chartered Institute of Arbitrators (1992).

...

The Brandon Research Fellow will undertake a project on some aspect of public or private international law or international arbitration while based at the Lauterpacht Centre. Candidates must specify a project in their application. Fellows must produce a report of their work in English at the end of their Fellowship and deposit with the Lauterpacht Centre any publication resulting from the work undertaken during the Fellowship.

APPLICATION DEADLINE: 30 November 2009, more information at http://www.lcil.cam.ac.uk/news/article.php?section=25&article=107

AAA Introduces Important Changes to Its Construction Rules

Oct 13, http://www.adr.org/sp.asp?id=36727

The American Arbitration Association has introduced substantive changes to its Construction Industry Arbitration Rules and Mediation Procedures, effective as of Oct. 1.

AAA's Extensive Library Collection Finds Home at Pepperdine University

Oct 19, http://www.adr.org/sp.asp?id=36758

The American Arbitration Association's extensive library collection has found a new home at Pepperdine University's Jerene Appleby Harnish Law Library in Malibu, California.

About 50 people -- AAA representatives, attorneys, arbitrators, academics, and students -- attended the dedication of the new AAA Library and Information Center on Sept. 24. The ceremony was held in conjunction with the meeting of the Straus Council of Distinguished Advisors at the university's Straus Institute for Dispute Resolution.

The AAA repository, which includes more than 23,000 titles, is the oldest, largest, and most comprehensive ADR collection in the world. It includes catalogued periodical articles, books, monographs, and other material.

Chevron Files International Arbitration Against the Government of Ecuador Over Violations of the United States-Ecuador Bilateral Investment Treaty

Sep 23, http://www.chevron.com/news/press/release/?id=2009-09-23

SAN RAMON, Calif., Sept. 23, 2009-Chevron Corp. (NYSE:CVX) has filed an international arbitration claim against the government of Ecuador citing violations of the country's obligations under the United States-Ecuador Bilateral Investment Treaty, investment agreements, and international law. The complaint stems from the government of Ecuador's exploitation of the ongoing lawsuit against Chevron in Ecuador, as well as the government's failure to uphold its duties under decade-old contracts. The arbitration proceeding has been commenced before the Permanent Court of Arbitration in The Hague under the Rules of the United Nations Commission on International Trade Law.

Chevron's claims relate to the lawsuit currently pending against the company in Lago Agrio, Ecuador, where Chevron's subsidiary, Texaco Petroleum Company participated until 1992 as a minority member of a consortium that explored for and produced oil under contracts with Ecuador and Ecuador's government-owned oil company, Petroecuador. Through the filing, Chevron seeks to enforce prior settlement and release agreements that the government of Ecuador entered into with Texaco Petroleum when the consortium was terminated, and to hold Ecuador accountable for its obligations under Ecuadorian law and existing international treaties.

"As has been widely recognized, the government of Ecuador has seriously diminished the independence and integrity of its own judiciary. The government is using the legal process in Lago Agrio to avoid the environmental obligations of its state-owned oil company," said Hewitt Pate, Chevron's vice president and general counsel. "Because Ecuador's judicial system is incapable of functioning independently of political influence, Chevron has no choice but to seek relief under the treaty between the United States and Ecuador."

After its participation in the consortium ended in 1992, Texaco Petroleum negotiated a settlement agreement with Ecuador and Petroecuador whereby Texaco Petroleum assumed responsibility for specified environmental remediation projects in proportion to its minority ownership interest. In 1998, after the requisite remediation work was performed and independently validated, Ecuador and Petroecuador released Texaco Petroleum and its affiliates from further liability. Ecuador assumed responsibility for any remaining impact caused by the consortium's pre-1992 activities as well as any future impact caused by Petroecuador's own ongoing operations in the former concession area. Since Texaco Petroleum's departure, Petroecuador has drilled over 400 new wells in the concession area, compared to the 321 wells that were drilled during the consortium. Compounding the situation, Petroecuador's environmental record as an operator has been notoriously poor, with more than 1,400 oil spills since 2000 alone.

The current Ecuador lawsuit is an effort to force Chevron to pay for Petroecuador's own misdeeds. In collusion with trial lawyers suing Chevron, the government of Ecuador has violated its contracts with Texaco Petroleum as well as protections afforded to investors under the United States-Ecuador Bilateral Investment Treaty:

"Chevron's filing today should not come as a surprise. The overt conduct of Ecuador's government and judicial branch disregards Ecuadorian law, international obligations, and Chevron's basic right to a fair hearing," Pate added. "Ecuador's actions violate Texaco Petroleum's agreements with Ecuador as well as the Bilateral Investment Treaty's guarantee of fair and equitable treatment for U.S. investors."

Chevron is not alone in highlighting the demise of Ecuador's judiciary as well as the government's hostility towards foreign investors. In February 2009, the United States Department of State released its Investment Climate Statement for Ecuador which states, "Systemic weakness and susceptibility to political or economic pressures in the rule of law constitute the most important problem faced by U.S. companies investing in or trading with Ecuador." The report goes on to state that "Corruption is a serious problem in Ecuador," and that, "The courts are often susceptible to outside pressure and bribes. Neither Congressional oversight nor internal judicial branch mechanisms have shown a consistent capacity to effectively investigate and discipline allegedly corrupt judges."

Chevron's notice of arbitration has been delivered to the Attorney General of Ecuador, as well as Ecuador's President and Ambassador to the United States. Upon appointment of the arbitrators to hear the case, the tribunal will establish a schedule for briefings and arguments on the merits. Copies of the petition in English and Spanish, as well as related materials, can be found at www.chevron.com/ecuador.

PODCASTS

IDN Podcast 78 - The Science of Conflict with Robert Creo and Monique McKay

This week's podcast focuses on the science of conflict. Pittsburgh attorney-neutral and CPR website Master Mediator columnist Robert A. Creo returns to the International Dispute Negotiation to discuss the Master Mediator Institute, which he founded. The institute focuses on the neurological basis of how disputes arise and can be effectively negotiated. Also joining IDN host Michael McIlwrath is MMI Director and co-founder Monique McKay, who points out that the institute is trying to help people integrate negotiating decisions-that is, combine the rational basis of making decisions with the pull of the underlying emotional component, which often is unacknowledged or even ignored in business settings. First of two parts.

IDN Podcast 79 - Part 2: The Science of Conflict with Robert Creo & Monique McKay

Understand the brain, make better choices in ADR. In Part 2 of his discussion with the principals behind the nonprofit Master Mediation Institute, Robert A. Creo and Monique McKay, International Dispute Negotiation host Michael McIlwrath looks at the science of decision making--and "the science behind mediators' sense." As Mike noted in Part I last week, this subject "could be a game changer."

IDN Podcast 80 - Regional Innovation in Dispute Resolution, the Milan Court of Arbitration

IDN 80 guest Stefano Azzali explains the ADR innovations used by the Milan Chamber of Commerce's Court of National and International Arbitration. The Italy-based regional ADR provider is a lot more versatile than its name suggests. Azzali, who is the chamber court's secretary general, describes how mediation has become the the arbitration court's biggest growth area.

EVENTS

Emmanuel Gaillard gives insights into Yukos arbitration and Russian energy agreements

Oct 4, http://www.hlrecord.org/news/renowned-arbitrator-probes-russian-energy-dispute-1.625961

Facing three Energy Charter Treaty (ECT) arbitrations brought by the majority shareholders of former Yukos Company, the Russian Federation terminated on July 30, 2009 the provisional application of the ECT, the world's largest and most comprehensive international energy agreement. Introduced by Professor Bill Alford, Professor Emmanuel Gaillard (Paris XII University; head of the International Arbitration Group at Shearman & Sterling LLP; lead counsel for the Claimants in the Yukos arbitrations), gave a lecture at Harvard Law School on the importance of the ECT and the legal and policy implications of Russia's change of heart with respect to the ECT.

ASADIP conference: International Business Law in a time of change - 12 and 13 November

Isla de Margarita, Venezuela

ASADIP (Asociación americana de derecho internacional privado) will hold its 3rd Academic Sessions "International Business Law in a time of change" in Venezuela (Isla de Margarita) on 12 and 13 November, in tribute to Tatiana Maekelt. Among the topics that will be addressed and which might interest members of this list are Bernard Audit on "Problemas actuales del convenio arbitral: efecto negativo, extensión a otros contratos y a otros miembros del grupo societario"; Georges Bermann on "Recent Trends in Parallel Litigation"; Fernando Cantuarias on "¿Qué hacer y qué no hacer para que los países latinoamericanos sean atractivos como sede de arbitrajes internacionales?"; Herbert Kronke on "Transnational Certainty and the Convention on Intermediated Securities -Reflections on Key Issues" and David P. Stewart on "Companies and Human Rights: Litigation in the United States Under the "Alien Tort Statute"".

FIAA Arbitration Advocacy Workshop on "Questioning of Expert Witnesses". 19 - 21 Nov 2009

Lausanne, Switzerland

This learning-by-doing workshop will provide international arbitration practitioners with skills and techniques for examination, cross-examination and witness conferencing involving expert witnesses. Participants will have a unique opportunity to improve their advocacy skills by: (1) working with accounting experts from leading firms FTI Consulting and Ernst & Young; (2) engaging in exercises and simulations based on a mock arbitration case, including a full day witness hearing; and (3) obtaining direct feedback and practical advice from leading international arbitration practitioners and advocacy instructors.

More information available at www.fiaa.com

PCA to Host Moots on March 22 and 23, 2010

http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=279&pag_id=1261

On March 22 and 23, 2010, the PCA will host practice moots to prepare students for the annual Willem C. Vis International Commercial Arbitration Moot in Vienna from March 26 to April 1, 2010. The practice moots will be held at the PCA's facilities in the Peace Palace.

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.

Cross Border Arbitration and Dispute Resolution - 18th & 19th November 2009

Mayfair Conference Centre, London

Created by The International Institute for Conflict Prevention, in collaboration with IBC Legal Conferences, this London-based event includes speakers from the LCIA, ICC, CPR, The World Bank, several barrister’s chambers and specialist private practice lawyers. Topics include choosing your dispute resolution methods, analysing your alternatives, steering clear of pitfalls, avoiding delays and most importantly these days - cutting costs!

TDM readers get a 10% discount

Arbitration & The Financial Crisis, Dealing with Banking & Financee Disputes after the Crash - 30 November 2009

JW Marriott Hotel, Hong Kong

Organiser: Hong Kong International Arbitration Centre

(Preliminary) Programme:

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.

Fourth Annual Investment Treaty Arbitration Conference: A Debate and Discussion Investment Arbitration in the Asia-Pacific Region, Washington, D.C. 30 April 2010

The fourth annual conference continues the tradition of focusing on four topical and pressing issues – by establishing a dialogue between some of the brightest new stars in the field and some of its most seasoned practitioners. Eight up-and-comers are preparing papers on four of the most controversial and important issues in international investment law today. On April 30th our young authors will pair up to defend their positions before a panel of arbitrators, arbitration specialists and experts in international investment law. The discussion and debate that will follow is sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.

Sixth Annual Leading Arbitrators' Symposium on the Conduct of International Arbitration - Vienna, Austria 29 March 2010

This will be an opportunity for arbitrators and arbitration counsel to hear the World's leading international arbitrators discuss in very practical terms how they approach each stage of an international arbitration. The first three sessions will each address one stage of the arbitral process: pre-hearing activities, the hearing itself, and the process of getting from the hearing to a final award. The final session will involve a review of current "hot topics" and trends in international arbitration from around the World.

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

CEDR Solve names Gregory Hunt as new Director

Oct 21, http://www.cedr.com/index.php?location=/news/archive/20091021_337.htm

Gregory Hunt, formerly Assistant Director with responsibility for business relationships at CEDR, has been announced as the new Director for CEDR Solve, Europe's largest major commercial mediation service provider. He will also retain his current client relations remit.

Michael E. Schneider appointed President of the Swiss Arbitration Association (ASA)

Sep 25, http://www.lalive.ch/f/news/index.php?lang=en

On 25 September 2009, Michael E. Schneider was elected President of the Swiss Arbitration Association (ASA). With some 1,200 members from Switzerland and many other countries, ASA is one of the leading international arbitration associations. It actively promotes international arbitration in Switzerland and abroad as well as the interests of its members. ASA organises several conferences every year as well as training programmes; it also publishes the ASA Bulletin (which is one of the major international arbitration reviews) and other publications. As from 2010, ASA will award the ASA Prize for advocacy in international commercial arbitration. (For more information, see the ASA website.) Mr Schneider has been a member of the ASA Executive Board for many years and since 2005 one of its Vice-President. He also chaired the Geneva Group of the Association for several years and has been organising the ASA Practice Building Seminar for over ten years, jointly with other European arbitration associations at various locations. Mr Schneider will be assisted in his role as President of ASA by two new Vice-Presidents, Elliott Geisinger and Dr Daniel Wehrli.

Valentina Renna and Claire Inder joined LALIVE

Sep, http://www.lalive.ch/f/news/index.php?lang=en

LALIVE is pleased to welcome two new associates in its international arbitration group, Valentina Renna and Claire Inder.

LAWFIRMS

Blake, Cassels & Graydon LLP Expands into the Gulf

http://www.blakes.com/english/view.asp?ID=3297

Blakes is pleased to announce that it is establishing a significant presence in the Gulf Region. The Firm has formed an exclusive association with the firm of Dr. Saud Al-Ammari in Al-Khobar, Saudi Arabia and will be opening an office in Bahrain. Both offices will open in the fall.

London set 20 Essex Street will break with ­tradition by expanding its international practice via an office opening in Singapore.

Oct 19, http://www.thelawyer.com/20-essex-street-to-set-up-shop-in-singapore/1002316.article

20 Essex Street has now decided to have a permanent base in the jurisdiction. Barrister David Lewis will relocate to Singapore as part of the set's plan to become a leading player in the Asian arbitration market.

King & Spalding Opens Paris Office

Sep 23, http://www.kslaw.com/portal/server.pt?space=KSPublicRedirect&control=KSPublicRedirect&PressReleaseId=3593

King & Spalding announced today that it has opened a seven-lawyer office in Paris after having received approval from the Paris Bar Council. King & Spalding's Paris office will focus on international arbitration matters in Europe, the Middle East and beyond. This is the firm's ninth new office since January 2007 and its 14th office worldwide.

Books

Law of Arbitration: South African & International Arbitration

P Ramsden
ISBN13: 9780702181924
ISBN: 0702181927
Publisher: Juta Law

The Law of Arbitration sets out the South African common law, legislation and case law applicable to each stage of the arbitration cycle, including the arbitration agreement, the staying of court proceedings, the appointment of and challenges to the arbitrators, the pleadings and arbitration proceedings, the arbitration award and court intervention. A brief overview of alternative dispute resolution approaches and the different forms of arbitration is provided as a contextual introduction.

The book draws extensively from the UNCITRAL Model Arbitration Law (MAL) and from international case law. There has been almost universal adoption of arbitration as the preferred dispute resolution mechanism for international contracts and rapid convergence of the international law of arbitration, as many countries have adopted the Model Law either in full or in part. Important local and international arbitration legislation and texts are included as appendices.

Written Evidence and Discovery in International Arbitration: New Issues and Tendencies

Edited by: Teresa Giovannini, Alexis Mourre
ISBN13: 9789041131836
ISBN: 9041131833
September 2009, Publisher: International Chamber of Commerce

The practice of documentary evidence is changing as international arbitrators look for transnational solutions capable of striking a proper balance between efficiency and fairness. Dossier VI Written Evidence and Discovery in International Arbitration, seeks to encourage reflection on future practice in relation to documentary evidence in international arbitration.

ICSID

New: Carnegie Minerals (Gambia) Limited v. Republic of The Gambia (ICSID Case No. ARB/09/19)

Mining concession, Registered October 23, 2009. Tribunal not yet constituted.

Toto Costruzioni Generali S.p.A. v. Republic of Lebanon (ICSID Case No. ARB/07/12) Decision on Jurisdiction (Sep 11, 2009)

E.T.I. Euro Telecom International N.V. v. Plurinational State of Bolivia (ICSID Case No. ARB/07/28)

Proceeding discontinued at the request of the Claimant (Order taking note of the discontinuance of the proceeding issued by the Tribunal pursuant to ICSID Arbitration Rule 44 on October 21, 2009).

Barmek Holding A.S. v. Republic of Azerbaijan (ICSID Case No. ARB/06/16)

Settlement agreed by the parties and settlement recorded at their request in the form of an award (Award embodying the parties' settlement agreement rendered on September 28, 2009, pursuant to ICSID Arbitration Rule 43(2)).

EDF (Services) Limited v. Romania (ICSID Case No. ARB/05/13)

Award rendered on October 8, 2009; attached to the Award is a Dissenting Opinion by one of the arbitrators.

Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v. Georgia (ICSID Case No. ARB/08/19)

Status of Proceeding: Pending (the Tribunal issues a procedural order on confidentiality on October 20, 200

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

Status of Proceeding: Pending (the Claimant files observations on the Respondent's request for production of documents on October 16, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a decision on production of documents on October 21, 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 counter-memorial on the merits on October 16, 2009)

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

Status of Proceeding: Pending (the Respondent files a response to the Claimant’s observations of October 2, 2009 on October 5, 2009)

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

Status of Proceeding: Pending (the Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) on October 21, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning examination of witnesses on October 19, 2009)

Química e Industrial del Bórax Ltda. and others v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2)

Status of Proceeding: Pending (the Claimants file a response to the Respondent’s observations of October 14, 2009, on October 21, 2009)

Malaysian Historical Salvors, SDN, BHD v. Malaysia (ICSID Case No. ARB/05/10)

Decision of the ad hoc Committee on the Application for Annulment issued on April 16, 2009.

Telefónica S.A v. Argentine Republic (ICSID Case No. ARB/03/20)

Settlement agreed by the parties and proceeding discontinued at their request (Order taking note of the discontinuance issued by the Tribunal on September 24, 2009 pursuant to ICSID Arbitration Rule 43(1)).

M.C.I. Power Group, L.C. and New Turbine, Inc. v. Republic of Ecuador (ICSID Case No. ARB/03/6)

Decision of the ad hoc Committee on the Application for Annulment issued on October 19, 2009.

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

The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) on September 28, 2009)

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

Status of Proceeding: Pending (Tribunal constituted October 09, 2009)

MTN (Dubai) Limited and MTN Yemen for Mobile Telephones v. Republic of Yemen (ICSID Case No. ARB/09/7)

Status of Proceeding: Pending (Tribunal constituted September 24, 2009)

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

Status of Proceeding: Pending (the Tribunal holds a first session by telephone conference on October 15, 2009)

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

Status of Proceeding: Pending (the Claimant files a memorial on the merits on September 25, 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 Respondent files observations on the Claimants' request for provisional measures on October 5, 2009)

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

Status of Proceeding: Pending (the arbitrator furnishes explanations in regard to the proposal for disqualification on September 22, 2009)

Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/08/13)

Status of Proceeding: Pending (the Claimant files observations on the Respondent’s request for production of documents on October 9, 2009)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on an ancillary claim in Washington, D.C. on October 15, 2009)

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

Status of Proceeding: Pending (the Respondent files a counter-memorial on the merits on September 17, 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 hearing on jurisdiction and merits in Washington, D.C. on October 5-9, 2009)

Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada (ICSID Case No. ARB(AF)/07/4)

Status of Proceeding: Pending (the Claimants file observations on the Respondent’s request for production of documents on October 15, 2009)

Urbaser S.A. and Consorcio de Aguas Bilbao Biskaia, Bilbao Biskaia Ur Partzuergoa v. Argentine Republic (ICSID Case No. ARB/07/26)

Status of Proceeding: Pending (Tribunal constituted October 16, 2009)

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

Status of Proceeding: Pending (the Respondent files a memorial on jurisdiction on September 25, 2009)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction in Paris on October 5-6, 2009)

Shell Nigeria Ultra Deep Limited v. Federal Republic of Nigeria (ICSID Case No. ARB/07/18)

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

Tza Yap Shum v. Republic of Peru (ICSID Case No. ARB/07/6)

Status of Proceeding: Pending (the Respondent files observations on the Claimant's request for production of documents on September 22, 2009)

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

Status of Proceeding: Pending (the Claimant files a reply on jurisdiction and the merits on September 21, 2009)

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

Status of Proceeding: Pending (the President of the Tribunal holds a pre-hearing conference with the parties by telephone on October 14, 2009)

Chevron Block Twelve and Chevron Blocks Thirteen and Fourteen v. People's Republic of Bangladesh (ICSID Case No. ARB/06/10)

Status of Proceeding: Pending (the parties file submissions on costs on September 30, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a decision on production of documents and preservation of evidence on October 14, 2009)

Química e Industrial del Bórax Ltda. and others v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2)

Status of Proceeding: Pending (the Respondent files objections to the Claimants' further request for provisional measures on October 14, 2009)

Asset Recovery Trust S.A. v. Argentine Republic (ICSID Case No. ARB/05/11)

Status of Proceeding: Pending (the Respondent files a reply on jurisdiction on October 9, 2009)

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

Status of Proceeding: Pending (the ad hoc Committee holds a first session in London on October 16, 2009)

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

Status of Proceeding: Pending (Waguih Elie George Siag and Clorinda Vecchi file observations on the provisional stay of enforcement of the award on October 15, 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 decides on the Respondent’s request of September 25, 2009 on October 5, 2009)

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

Status of Proceeding: Pending (the Claimant files a request for correction and interpretation of the award on October 1, 2009)

Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru (ICSID Case No. ARB/03/28)

Status of Proceeding: Pending (Duke Energy International Peru Investments No. 1 files a memorial on annulment on July 31, 2009)

EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A. v. Argentine Republic (ICSID Case No. ARB/03/23)

Status of Proceeding: Pending (the Tribunal holds a hearing on the merits in Washington, D.C. on October 1-3, 2009)

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

Status of Proceeding: Pending (the ad hoc Committee holds a hearing on annulment in Washington D.C. on September 1-3, 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 (the parties file post-hearing briefs on October 1, 2009)

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

Status of Proceeding: Pending (the parties file statements of costs on September 30, 2009)

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

Status of Proceeding: Pending (the parties file statements of costs on October 15, 2009)