issue #22, week 47. 17 November 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 3 (2009) - NAFTA - Fifteen Years Later. Experiences and Future.

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NEWS

Pakistan processing a case for Court of Arbitration, neutral experts appointment to resolve differences on Kishanganga Hydroelectric Plant construction by India

Nov 13, http://dailymailnews.com/1109/13/CityPage/CityPages3.php

Pakistan is processing the case for establishing Court of Arbitration and appointment of neutral experts under the provision of Indus Basin Treaty for resolution of differences over construction of Kishenganga Hydroelectric Plant by India. Minister for Water and Power Raja Pervez Ashraf told the National Assembly Thursday evening during question hour that four meetings held between the Indus Commissioners of the two countries could not resolve the dispute.

Hyundai Heavy wins back oil unit

Nov 16, http://joongangdaily.joins.com/article/view.asp?aid=2912594

The International Court of Arbitration of the International Chamber of Commerce ruled in favor of the shipbuilder last Friday. The ICA concluded that IPIC violated a contract it made with Hyundai Heavy Industries in 2003, and ordered IPIC to sell its shares in Hyundai Oilbank back to the Korean firm at 25 percent under market value. Hyundai Heavy Industries will buy 171.5 million shares in the refinery for a total of 2.57 trillion won.

El Salvador's gold fight goes international

http://therealnews.com/t/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=4473&updaterx=2009-11-13+17%3A25%3A23

After activists block their permit, Canadian company uses US trade agreement to sue Salvadoran gov't. Five representatives of five organizations in El Salvador that form part of the National Coalition Against Mining, known as La Mesa, were in Washington, DC last month to accept the Letelier-Moffitt International Human Rights Award. The recognition comes at an interesting time as the group's successes in blocking mining exploitation in their small country, have brought about a unique legal situation. Namely, a Canadian mining company is suing the government of El Salvador for $100 million, through a U.S. subsidiary under the Central American Free Trade Agreement (CAFTA). The Real News followed the group of activists around Washington, DC, and interviewed the CEO and President of the company behind the suit, Pacific Rim. Produced by Jesse Freeston.

Sally & Fitch LLP Obtains Settlement of $18,250,000 for Technology Client in International Arbitration

Nov 16, http://www.24-7pressrelease.com/press-release-rss/sally-fitch-llp-obtains-settlement-of-18250000-for-technology-client-in-international-arbitration-124831.php

Sally & Fitch LLP announced a $18,250,000 settlement for its client Kington Holdings Limited ("Kington") in proceedings before the International Centre for Dispute Resolution. Kington is a corporation based in Hong Kong that was the exclusive licensee of certain technology, products and services in The People's Republic of China, under an agreement with the licensor, LoJack Equipment Ireland, Ltd. The licensor terminated the technology license, patent trademark and supply agreement, and then initiated arbitration proceedings against the licensee for breach of contract.

See also http://www.reuters.com/article/pressRelease/idUS129350+02-Oct-2008+PRN20081002

Japan Minister: JAL To Apply For Out-Of-Court Debt Arbitration

Nov 12, http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/200911122326DOWJONESDJONLINE000853_univ.xml

Japan's transport minister said Friday that Japan Airlines Corp. (9205.TO) President Haruka Nishimatsu has told him the company will apply for out-of-court arbitration to improve its financial standing.

Mexico, Singapore sign investment protection deal

Nov 13, http://news.xinhuanet.com/english/2009-11/13/content_12448422.htm

Mexico and Singapore have signed an investment protection and promotion agreement, the Mexican Economy Ministry said Thursday. The agreement envisages equal and legal treatment of investment in each other, compensation for nationalization or expropriation, and independent dispute-settling agencies.

Venezuelan govn't to control at least 50 percent of coffee distribution

Nov 12, http://english.eluniversal.com/2009/11/12/en_eco_art_venezuelan-govnt-to_12A3042691.shtml

The government published in the Official Gazette the expropriation of coffee companies Fama de América and Cafea. The expected expropriation of Venezuelan coffee roaster Fama de América is finally a fact. Since Wednesday, and after 101 days of temporary occupation, the Venezuelan government took possession of the company.

Yemen promises to remove all roadblocks to investment

Nov 12, http://www.yobserver.com/front-page/10017579.html

ADEN - During the launch of the economic investment conference titled, Aden: Yemen's gate to the world, Prime Minister Ali Mohammed Mujawar called on both domestic and foreign investors to establish fruitful and effective partnerships in order to take full advantage of the investment opportunities available in the province of Aden.

SA and Zim closer to investment agreement

Nov 10, http://www.timeslive.co.za/business/article188761.ece

The South African and Zimbabwean governments are inching closer to finalising their long-awaited Investment Protection Agreement. The main provisions of the agreement cover the handling of foreign investments in Zimbabwe, the transfer of capital and investment income, compensation for expropriation and procedures for settling disputes.

To boost investment flows India-Colombia signs BIPPA

Nov 10, http://pib.nic.in/release/release.asp?relid=53990

The Bilateral Investment Promotion & Protection Agreement (BIPPA) between India and Colombia was signed here today by Shri Anand Sharma, Minister of Commerce & Industry and Mr. Luis Guillermo Plata, Minister of Commerce, Industry & Tourism of Colombia. Both the Ministers hoped that the Agreement would serve as a catalyst in boosting investment flows between the two countries.

The Agreement aims at enhancing Bilateral Investment and Technology flows between the two countries, by creating favourable conditions for investors. These include a mutually acceptable definition of investment as also IPR, besides National Treatment and Most Favoured Nation Treatment on post-establishment basis, protection against expropriation, except for a public purpose against a fair & equitable compensation, full reparability of investment and returns.

The Agreement provides elaborate dispute resolution mechanism to settle disputes between an investor and the host Government or between the two Governments. Dispute resolution mechanism includes recourse to negotiations, conciliation, domestic dispute resolution mechanism and to international arbitration.

The Agreement shall remain in force for a period of ten years and thereafter, it shall be deemed to have been automatically extended unless either country gives to the other country a written notice of its intention to terminate the Agreement. The Agreement may be amended at any time after its entry into force by mutual consent.

Australia - Arbitration too litigious: Attorneys

Nov 10, http://www.thenewlawyer.com.au/article/arbitration-too-litigious-attorneys/504801.aspx

AUSTRALIA'S top legal officers have agreed to push for new legislation that will ease the over-litigious nature of arbitration. Federal Attorney-General, Robert McClelland, and New South Wales Attorney General, John Hatzistergos, have welcomed the progress, which will see the development of new uniform commercial arbitration legislation. There is a widespread view that arbitration has become too litigious with proceedings increasingly resembling those of a court, McClelland said.

Arbitration panel to settle Crescent-NIOC gas dispute

Nov 9, http://gulfnews.com/business/oil-gas/arbitration-panel-to-settle-crescent-nioc-gas-dispute-1.525034

"The three-person arbitration tribunal, for the arbitration between Crescent Petroleum and the National Iranian Oil Company (NIOC), has now been officially formed, as per the contract procedures," said a Crescent Petroleum spokesman. The National Iranian Oil Company (NIOC) and Crescent signed the 25-year gas contract in 2001, with a price linked to oil.

Iran parliament may seek end to UAE Crescent gas deal

Nov 3, http://in.reuters.com/article/oilRpt/idINKAL32577520091103

Iran may revoke a deal to export gas to the United Arab Emirates because of a dispute over pricing, Iranian parliamentarians said on Tuesday. Crescent Petroleum said in July it was seeking international arbitration for the failure of Iran's state oil firm to fulfil the contract. See http://www.khaleejtimes.com/DisplayArticle.asp?xfile=data/business/2009/July/business_July546.xml&section=business&col=

Digicel Jamaica Seeks Arbitration over Interconnection Fees

Nov 6, http://www.cellular-news.com/story/40519.php

Digicel Jamaica has today filed an Arbitration claim against C&W/LIME in relation to significant amounts of unpaid interconnection fees. This Arbitration claim has been filed by Digicel with the International Chamber of Commerce ("ICC") in Paris. Digicel's claim is for unpaid interconnection fees due and owing to Digicel by C&W/LIME arising from C&W/LIME's unilateral decision to reduce the contractually agreed interconnect fees payable to Digicel.

…

Digicel has appointed recently retired UK Law Lord, Lord Hoffman of Brick Court Chambers, London, as its nominee Arbitrator on the 3 person panel

Viet Nam: National Assembly (NA) deputies discus commercial arbitration bill

Nov 8, http://www.vnnnews.net/na-considers-national-projects-bills

NA deputies also discussed the bills on Efficient Use of Energy, Execution of Criminal Sanctions, and Commercial Arbitration.

ICSID ends Entel arbitration process

Nov 5, http://www.telegeography.com/cu/article.php?article_id=30814&email=html

The World Bank's arbitration body, the International Centre for the Settlement of Investment Disputes (ICSID), has reportedly called a halt to the arbitration process between the Bolivian government and Euro Telecom International (ETI), a subsidiary of Telecom Italia (TI) related to the renationalisation of Empresa Nacional de Telecomunicaciones (Entel), BNamericas reports.

See http://bnamericas.com/news/privatization/Entel_arbitration_process_ended_by_World_Bank_body (subscription required)

Swedish Arbitration Court Ruled in Favor of Danone

Nov 10, http://www.china-briefing.com/news/2009/11/10/swedish-arbitration-court-rulesd-in-favor-of-danone.html

A Swedish arbitration court was found to have ruled in favor of French food group Danone saying that Chinese beverage producer Hangzhou Wahaha breached confidentiality and non-competition agreements.

Danone Wins Case Against Wahaha in Sweden

Nov 06, http://www.tradingmarkets.com/.site/news/Stock%20News/2631996/

Zong Qinghou, founder of Hangzhou Wahaha Group, signed a settlement agreement with Danone on September 30. On the same day, the Arbitration Institute of the Stockholm Chamber of Commerce ruled that Mr. Zong and Wahaha Group were in breach of the contract signed with Danone and caused huge losses to the latter. Danone says that the ruling of the chamber will not have an effect on the settlement agreement, adding that in fact the arbitral procedure had been suspended shortly after the signing of the agreement.

Valero Records Loss Contingency Accrual for Aruba Tax Dispute and Updates Earnings Release Tables

Nov 5, http://phx.corporate-ir.net/phoenix.zhtml?c=100647&p=irol-newsArticle&ID=1352094&highlight=

Valero Energy Corporation announced that, on Nov. 3, an arbitration panel in the Netherlands handed down an interim decision on certain issues in dispute between Valero and the Government of Aruba. The panel ruled favorably on Valero's existing exemption from income tax liability for refining operations through 2010. Two other items in the arbitration - the applicable dividend tax rate and the turnover tax - were not fully resolved in the panel's decision and remain subject to further review. Valero continues to believe that its remaining claims against these taxes have significant merit, and intends to vigorously pursue these claims through the arbitration proceedings and in proceedings in Aruba.

Chevron May Forego Arbitration in Venezuela Bids, Moshiri Says

Nov 4, http://www.bloomberg.com/apps/news?pid=20601086&sid=aq3QNOSAJVkU

Chevron Corp., the biggest U.S. oil company pumping Venezuelan oil, is willing to work in the South American country under contracts that ban international arbitration in case of conflict, a company executive said. "Attractive fiscal terms" are most important as the company decides on new projects, Ali Moshiri, president of Chevron Latin America and Africa, said yesterday in an interview at a heavy oil conference at Margarita, Venezuela.

Payment for Special Participation for the Marlim Field

Oct 24, http://www.agenciapetrobrasdenoticias.com.br/en_materia.asp?id_editoria=8&id_noticia=7450

Petrobras informs that it has concluded arbitration discussions with respect to additional collection of Special Participation from the Marlim Field, involving Petrobras, the National Petroleum Agency (ANP), and the State of Rio de Janeiro, held under the auspices of the Chamber of Reconciliations and Arbitration of the Federal Public Administration of the AGU (CCAF/AGU). The parties have accepted the arguments of Petrobras regarding the method of calculating the amount owed, as well as the payments to settle the process.

The amount under discussion in the judicial process was approximately R$ 3.4 billion, but could have been as high as R$4 billion under calculations previously used by the ANP. The acceptance by the ANP of the Petrobras position reduced the amount owed to R$2.06 billion (R$1.36 billion net after deduction of the tax benefit from the payment).

In addition to the agreement reached in calculating the amount owed, Petrobras has proposed a payment schedule of eight monthly installments, the first commencing on October 30th, adjusted by the SELIC rate. The acceptance of the installment schedule must still be approved by the Board of Directors of the ANP.

Since 2007 Petrobras has contested in the courts the administrative decision of the ANP that resulted in the additional collection of the Special Participation tax. The lower court decided in favor of the ANP, whose decision was upheld by the Regional Federal Court of the 2nd Region, in a decision published on September 30, 2009. The final decision of the Federal Court is still pending, however, due to an appeal by the Company.

By reaching this settlement through arbitration, Petrobras avoids (a) the possibility of being required to pay an even greater amount in the case of losing a final judgment; (b) the possibility that the judgment would be executed immediately, given that it would no longer be possible to suspend the obligation to pay the amount ; and (c) the risk of ultimately being registered in debtor lists of the federal public sector, which could have led to restrictions on the Company's ability to carry on in the ordinary course of business.

The payment in question definitively concludes any and all legal and administrative actions regarding this case.

Resolving this issue is in line with the joint policy of cooperation and partnership between Petrobras and the State of Rio de Janeiro, who continue to work together to contribute to the development of the State, as well as all Brazil. It is with this goal in mind that the Government of the State of Rio de Janeiro has agreed to offer fair and attractive conditions to encourage further investments by Petrobras in the State.

Slovenia, Croatia PMs sign border arbitration deal

Nov 4, http://www.euractiv.com/en/enlargement/slovenia-croatia-pms-sign-border-arbitration-deal/article-187031

Sweden hosted the prime ministers of Slovenia and Croatia in Stockholm on November 4th, where they signed a border arbitration agreement between the two countries.

Croatian parliament backs arbitration agreement with Slovenia

Nov 3, http://www.setimes.com/cocoon/setimes/xhtml/en_GB/newsbriefs/setimes/newsbriefs/2009/11/03/nb-02

ZAGREB, Croatia - Parliament approved an arbitration agreement Monday (November 2nd) aimed at resolving the long-standing border dispute with Slovenia.

International arbitration lawyers in demand in Korea

Nov 4, http://asia.legalbusinessonline.com/news/breaking-news/international-arbitration-lawyers-in-demand-in-korea/38359

Demand for lawyers specialising in international arbitration and antitrust matters in Korea is likely to increase as the legal market opens up to foreign firms and international arbitration gains more ground in the country.

Nanuq North Arbitration Now Scheduled For May 2010

Nov 3, http://www.pdiam.com/s/PressReleases.asp?ReportID=370016&_Type=Press-Releases&_Title=Nanuq-North-Arbitration-Now-Scheduled-For-May-2010

Peregrine Diamonds Ltd. announces that the arbitration proceedings commenced by the Company against Indicator Minerals Inc. and Hunter Exploration Group reported on July 9, 2009 are now scheduled to commence in May, 2010. The arbitration was initiated by Peregrine over a dispute that arose over the joint venture which covers a portion of the 33,100 hectare Nanuq North property located in Nunavut, Canada. Under the Nanuq North joint venture, Peregrine and Indicator each hold a 40 percent interest in 13,900 hectares of claims. Hunter holds a 20 percent interest in the Core Claims and Peregrine and Indicator are required to sole-fund exploration expenditures on a 50/50 basis through the completion of a scoping study. The dispute arose when Indicator, as operator of the Nanuq North joint venture, issued notice to Peregrine that it intended to proceed with a 2009 exploration programme with a budget of $2.34 million without the Company's approval.

Under the arbitration, Peregrine sought a determination that Peregrine's approval was required to proceed with the proposed 2009 programme, that Indicator's notice to Peregrine to contribute its share of the programme expenditures was not validly issued and an order restraining Indicator from acting on the notice and diluting Peregrine's interest in the Nanuq North joint venture.

Subsequently, Indicator did not proceed with implementing the proposed programme and Indicator and Hunter each launched a counterclaim against the Company claiming that the letter of intent entered into by the Company, Indicator and Hunter in May, 2005 is unenforceable. Peregrine's position is that the 2005 letter of intent is an enforceable agreement and governs all exploration work conducted on the Nanuq North property. In 2008, Peregrine and Indicator, with Indicator as operator, successfully completed a two phase exploration programme on the Core Claims that included an airborne geophysical survey and ground geophysics followed by a reverse circulation drilling programme. The diamondiferous NQN-001 kimberlite, with an estimated size of 4.5 hectares, was discovered during the reverse circulation drilling programme. This exploration work was completed under the letter of intent and total exploration expenditures incurred by Peregrine and Indicator on a 50/50 basis were $685,000.

Peregrine looks forward to resolution of the dispute with Indicator and Hunter in 2010 so that exploration work can resume in a systematic, cost-effective manner at Nanuq North.

Haiti Ratifies the ICSID Convention

Oct 29, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement23

On October 27, 2009, Haiti deposited with the International Bank for Reconstruction and Development (the World Bank) an Instrument of Ratification of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention). Pursuant to Article 75 of the ICSID Convention, the World Bank has notified all ICSID Convention signatory States of Haiti's ratification. In accordance with its Article 68(2), the Convention will enter into force for Haiti on November 26, 2009.

Ecuador President Seeks To End Investment Protection Agreements

Oct 29, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=200910281854dowjonesdjonline000871&title=ecuador-president-seeks-to-end-investment-protection-agreements

Dow Jones - President Rafael Correa has asked the nation's lawmakers to terminate investment protection agreements with 13 countries, Linda Machuca, a National Assembly member, said Wednesday. "We had received the president's request, and we are analyzing it in order to take a decision," Machuca told Dow Jones Newswires in a telephone interview. The deadline for the Assembly's decision is Nov. 4.

Ecuador Prepares For New Hearings In Occidental Case

Oct 29, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=200910291702dowjonesdjonline000967&title=ecuador-prepares-for-new-hearings-in-occidental-case

Dow Jones - A team of lawyers will represent Ecuador in Paris in next week's hearing in the arbitration case filed against the Andean country by U.S. oil company Occidental Petroleum Corp. (OXY). Ecuador's Office of the Solicitor said Thursday the hearings will take place between Nov. 3-7.

Turkey blacklists European missile maker

Oct 29, http://www.hurriyetdailynews.com/n.php?n=turkey-blacklists-european-missile-maker-2009-10-29

Turkey's procurement office has effectively blacklisted European missile manufacturer MBDA over an international legal dispute about a now-defunct deal for nearly 19,000 Eryx anti-tank missiles worth 404 million euros. On the Eryx dispute, an international arbitration court ruling provided Turkey with some compensation.

ArcelorMittal SA loses long-running iron-ore dispute with Kumba

Oct 28, http://www.engineeringnews.co.za/article/arcelormittal-sa-loses-long-running-iron-ore-dispute-with-kumba-2009-10-28

In what is potentially a blow to the future growth aspirations of steel producer ArcelorMittal South Africa, an arbitration panel has ruled in favour of Kumba Iron Ore (KIO) in a long-running dispute over the steel producer's right to participate in KIO's South African growth projects.

...

On Wednesday, the panel issued an award in favour of the Sishen Iron Ore Company, a KIO subsidiary, determining that ArcelorMittal South Africa was not entitled to participate in the R8,5-billion Sishen South project, currently under development in the Northern Cape.

Singapore: The future global arbitration hub for Asia

Oct 28, http://www.singaporelawwatch.sg/remweb/legal/ln2/rss/legalnews/64591.html

A YEAR on from the dramatic collapse of Lehman Brothers, many companies have treaded through the times of uncertainty and are now assessing the effects of the economic downturn on their businesses. This has led to an increase in appetite to bring or contest commercial disputes, a mood that has displaced a collective hesitancy to expend resources on existing or prospective litigation and arbitration. As a consequence, Singapore is witnessing an increase in the volume of international arbitrations that shows no sign of abating. Singapore enjoys a reputation for being one of the leading centres for international arbitration in South-east Asia.

An international arbitral tribunal awards Lectra €21.9 million in its arbitration against Induyco

Oct 28, http://www.lectra.com/en/press/press_releases/business/20091028_lectra_arbitrage.html

The Secretariat of the International Court of Arbitration notified the award today in the arbitration initiated in June 2005 by Lectra against Induyco, the former shareholder of Investronica Sistemas, under the arbitration rules of the International Chamber of Commerce.

The award of €21.9 million by the arbitral tribunal is composed of:

The arbitral procedure relates to the acquisition by Lectra in 2004 of Investronica Sistemas

The parties agreed in the share purchase agreement signed on April 2, 2004 that disputes arising out of or relating to the agreement would be finally settled by international arbitration.

Induyco provided Lectra with first demand bank guarantees for a total amount of €17.2 million.

Impact of the award on Lectra's financial statements and cash flow

The company will proceed with its auditors to a detailed analysis of the accounting and tax treatment of the award, which will be fully accounted for in the December 31, 2009 financial statements that will be published on February 11, 2010.

The aggregate amount of legal and expert fees, procedural and other costs incurred by Lectra since the beginning of the procedure amounts to €9.9 million. Of this amount, €4.2 million were expensed in the 2005 and 2006 accounts, and €5.7 million incurred in the years 2006-2009 were recognized in current assets in the balance sheet at September 30, 2009.

As all €9.9 million costs incurred by Lectra have already been paid in full, the award upon satisfaction will result in a cash inflow equal to the total amount of the award, i.e. €21.9 million (plus interest).

Cemex Open to Talks with Venezuelan Government on Takeovers

Oct 30, http://www.laht.com/article.asp?ArticleId=346393&CategoryId=10717

Mexican cement giant Cemex is open to talks to resolve a dispute with the Venezuelan government, which nationalized the multinational's operations in the Andean nation last year, the company said.

CEO BG Group: BG Seeks Amicable Solution To Kazakh Export Duty Dispute

Oct 28, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=200910280531dowjonesdjonline000428&title=bg-seeks-amicable-solution-to-kazakh-export-duty-dispute--ceo

BG Group PLC has suspended the formal arbitration process in a dispute over export duties payable by its operations in Kazakhstan and has resumed discussions directly with the Kazakh government with the aim of finding an amicable solution, BG's Chief Executive Frank Chapman said Wednesday.

Las Brisas gold project becomes yet another casualty of Chavez 'socialist vision'

Oct 28, http://www.mineweb.co.za/mineweb/view/mineweb/en/page72068?oid=91489&sn=Detail

When the now defunct major gold company Placer Dome packed its bags sold its Kilometer 88 mining district holdings and left Venezuela forever in 2001, international mining companies and their investors should have taken notice of the perils of foreign investment in Venezuela. As Spokane-based Gold Reserve announced Tuesday that its Brisas property had been officially seized by the Venezuelan Government, the junior miner joined the legion of foreign companies-representing everything from farms to parking lots to food staples to utilities to steel to oil to mining properties-whose facilities dot the Venezuelan landscape and help financially support President Hugo Chavez's "socialist vision."

Op-ed: Why Bangladesh should win the arbitration

Oct 28, http://www.thedailystar.net/newDesign/news-details.php?nid=111566

Dr. Badrul Imam (Professor, University of Dhaka and Visiting Faculty, University of Regina, Canada): IT is clear from the offshore acreage map of Bangladesh that the location of her deep-sea blocks 10 and 11 cannot be further away from her maritime boundary with Myanmar. Yet, Myanmar lodged a protest when Bangladesh initiated gas exploration activity in these blocks. India also protested. This has left Bangladesh with little option other than going for arbitration in the international court.

Canadian Alleges Treaty Violations by Barbados

Oct 28, http://www.graemehall.com/press/releases/bilateral-investments-treaty-complaint/index.htm

A complaint filed by the Canadian owner of Graeme Hall Nature Sanctuary, an eco-tourist facility in Barbados, alleges that the Government of Barbados has violated its international obligations by refusing to enforce its environmental laws, thereby allowing increased pollution and land development to damage the Sanctuary. Notice of the dispute was given to Barbados in accordance with the Agreement For The Promotion and Reciprocal Protection of Investments between Canada and Barbados.

EVENTS

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

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

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

Devashish Krishan joins Freshfields Bruckhaus Deringer's International Arbitration Group inNew York

Nov 11, http://www.freshfields.com/news/mediareleases/

International law firm Freshfields Bruckhaus Deringer LLP announced that Devashish Krishan has joined the firm's international arbitration practice group, effective 2 November 2009, as an associate based in New York. Dev will work with U.S. partners Lucy Reed, Nigel Blackaby, Brian King, Alex Yanos and 20 full-time associates representing international companies and governments in complex arbitrations arising under contracts and treaties.

Lucy Reed, co-head of the firm's worldwide international arbitration group said: "We are very pleased to welcome Dev to our U.S. team. He is recognized beyond his years in international arbitration, especially in the investment treaty field, and brings a great deal of experience with him."

Devashish Krishan, an Indian national, has worked in international arbitration and public international law in London, The Hague, Mumbai, New Delhi and Washington, DC. Prior to joining Freshfields Bruckhaus Deringer LLP, he practiced with a U.S. firm in London and served as assistant legal counsel at the Permanent Court of Arbitration in The Hague. He has been counsel in major arbitrations including Renta 4 et. al v. The Russian Federation and Helnan International Hotels v. The Arab Republic of Egypt and has been appointed as an arbitrator by the London Court of International Arbitration (LCIA). Widely published, he regularly participates in professional associations and groupings as a speaker and office-bearer. He has been recognized for excellence by Global Arbitration Review: GAR Top 30 and Who's Who Legal: Commercial Arbitration.

Job: Director, Investment Treaty Forum (BIICL)

http://www.biicl.org/opportunities/srf_investment_law/

Deadline: 30 November 2009

Job Description: The British Institute of International and Comparative Law is the foremost independent research and discussion body in the United Kingdom and one of the leading such bodies in the world. In 2008 it celebrated 50 years of its activities within a dynamic international and comparative legal context.

The Institute is seeking to appoint an exceptional candidate as its Senior Research Fellow in International Investment and Trade Law to lead the Institute's research and events programme in this area. The person appointed is expected to make a significant contribution to the research, outreach and administrative activities of the Institute, and will have an opportunity to develop new research projects and activities.

....

For a full Job Description visit the BIICL website at http://www.biicl.org/opportunities/srf_investment_law/

Freshfields announces new counsel appointments

Oct 23, http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=1950

International law firm Freshfields Bruckhaus Deringer has today announced the appointment of six new counsels, effective 1 November 2009. The appointments are in addition to ten appointments announced earlier this year. For Dispute Resolution: Antje Baumann (Hamburg) and Lynn Dunne (London)

Awards

Dupont and Pfizer to Receive CPR Institute's 2009 Corporate Leadership Award

Nov 3, http://www.cpradr.org/tabid/45/articleType/ArticleView/articleId/537/Default.aspx

The International Institute for Conflict Prevention & Resolution (CPR Institute), a nonprofit alliance of global corporations, law firms, scholars, and public institutions dedicated to the principles of commercial conflict prevention and alternative dispute resolution (ADR), announces the recipients of the organization's 2009 Corporate Leadership Award. For the first time, CPR is honoring two corporate leaders: Thomas L. Sager, Senior Vice President & General Counsel of DuPont, and Amy W. Schulman, Senior Vice President & General Counsel of Pfizer will be recognized, along with their companies, for their dedication to the field of ADR on November 3 in New York City.

BOOKS

A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought


A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought
Edited by
Jacques Werner & Arif Hyder Ali
ISBN: 978-1-907174-01-8
Hardback/Cloth
GBP 60.00/US$108.00 (Available with 20% discount for OGEL & TDM readers, contact us for details)
To order your copy(ies) please send an email to: orders@cmppublishing.com or a fax to +44 (0)20 7504 8283

ABOUT THE BOOK

This book was published in honour of Thomas Wälde, who tragically passed away in October 2008. The editors Jacques Werner and Arif Hyder Ali gathered an impressive collection of essays by practitioners, arbitrators and professors who knew Thomas Wälde in a modest effort to capture Thomas' never ending interests.

In 1980, he joined the UN and later became UN Interregional Adviser on international investment policy and petroleum/mineral legislation. He advised numerous governments on legislative reform and contract negotiations with international investors. He was also, from 1981 to 1983, UN investigator on occupation practices in Palestinian territories and was responsible for the Secretary General's reports on 'Permanent Sovereignty over Natural Resources' and on the Permanent Sovereignty in Occupied Palestinian Territories. He initiated the UN project for environmental guidelines in mining and was chair of the drafting group that produced the first version of the 'Berlin Guidelines' in 1990.

In 1991, he joined the University of Dundee as Director of the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP). He was later awarded by the European Commission a Jean-Monnet chair in European Economic and Energy Law. After stepping down from the post of Director in 2001, he maintained his role as a teacher and expanded his activities in the field of dispute resolution and arbitration, where he quickly enhanced his already formidable reputation.

Whilst at the University of Dundee, Thomas came up with the idea to extend his global network to develop an extraordinary virtual campus of leading practitioners and scholars around the world, who became part of the Dundee intellectual family. In recent years, OGEL & TDM became an important instrument in these networks.

There are so many of Thomas' accomplishments that could easily inform these lines, although perhaps the one that became so important to so many of us is the OGEMID on-line forum - a forum that reflected Thomas' understanding of technology and its role in intellectual development, that reflected his ability to move issues and agendas, and that connected legal and non-legal professionals from around the world in a democracy of legal dialogue, debate and thought.

TABLE OF CONTENTS

To order your copy(ies) please send an email to: orders@cmppublishing.com or a fax to +44 (0)20 7504 8283

CMP Publishing Ltd, 37 Telfords Yard, London, E1W 2BQ, UK
Tel: +44 (0)20 7199 1640, Fax: +44 (0)20 7504 8283
To order your copy(ies) please send an email to: orders@cmppublishing.com
Website: www.cmppublishing.com

Cameron May is an imprint of CMP Publishing Ltd

International Comparative Mediation: Legal Perspectives

Nadja Alexander
December 2009
ISBN13: 9789041132246
Publisher: Kluwer Law International

This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation's risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation. Among the aspects discussed and analysed are the following:

  1. International and Comparative Mediation: Definitions and Developments.
  2. Law in the Mediation Equation.
  3. Pre-mediation I: Selection and Referral.
  4. Pre-mediation II: Mediation Clauses and Agreements to Arbitrate.
  5. Conduct of Mediators and Participants.
  6. Confidentiality.
  7. Post-mediation Issues.
  8. UNCITRAL and International Mediation.
  9. The UNCITRAL Model Law on Conciliation.
  10. Appendix A: Model Clauses and Agreements.
  11. Appendix B: Comparative Table of International Mediation Rules.
  12. Appendix C: Comparative Table of Laws Adopting the UNCITRAL Model Law on International Commercial Conciliation.

While the book draws on examples from around the world, six primary jurisdictions (the United States, Australia, England, France, Germany, and Austria) are selected for several reasons, including comparison of legal traditions, significant volume of mediation-related case law, and the existence of mediation-related legislation and implementation requirements. Cross-border legal instruments examined include the European Directive on Mediation, UNCITRAL's Model Law on International Commercial Conciliation (MLICC), and the Uniform Mediation Act (UMA) in the United States. In the 21st century mediation is at the forefront of contemporary social and legal development and is finding a place in both physical dispute resolution forums and worldwide electronic-based communities. International and Comparative Mediation, with its deeply informed insights into emerging international trends and the diversity of mediation regulation applicable to international disputes, shows conflict management practitioners how to create a forum culturally acceptable to each specific group of participants, with a view to agreeing on appropriate norms for the regulation of future relationships. It will be welcomed by lawyers working in a wide range of cross-border practice. Professor Nadja Alexander holds appointments at City University Hong Kong, Murdoch University in Australia and University of the Witwatersrand in South Africa. Her books on dispute resolution have been published internationally and her work has appeared in English, German and Russian language versions.

Handbook on International Commercial Arbitration

Peter Ashford
ISBN13: 9781933833316
ISBN: 1933833319
October 2009, Publisher: Juris Publishing
Discount available for TDM/OGEMID members (until Nov. 30)

This handbook will assist the practitioner, whether lawyer, counsel or arbitrator, in some of the practical minefields of international commercial arbitration. It considers the typical course of an international commercial arbitral proceeding, from deciding what claims may be arbitrated to calculating damages and the contents of an award, giving guidance and sample documents for each step. It also provides an extensive discussion of discovery and the presentation of evidence during hearings. This will work in aid the efficiency of the arbitral process, especially by reducing time and cost. For counsel and arbitrators alike, it provides a convenient reference work for the problems that inevitably arise in the procedural and substantive steps in arbitration. Analyzing the relevant law and rules from a range of jurisdictions and international arbitral institutions, the Handbook is a truly invaluable companion for everyone involved in international commercial arbitration.

ICSID

New: Gold Reserve Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/09/1)

Registered November 09, 2009, Tribunal not yet constituted

New: Reinhard Hans Unglaube v. Republic of Costa Rica (ICSID Case No. ARB/09/20)

Tourism project, Registered November 11, 2009. Tribunal not yet constituted.

Hrvatska Elektroprivreda d.d. v. Republic of Slovenia (ICSID Case No. ARB/05/24)

Status of Proceeding: Pending (the parties file statements of costs on November 13, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the withdrawal of certain claims and the revocation of its procedural order of June 29, 2009 on October 29, 2009)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents on November 11, 2009)

Giovanni Alemanni and others v. Argentina (ICSID Case No. ARB/07/8)

Status of Proceeding: Pending (the Claimants file a counter-memorial on jurisdiction and admissibility on November 5, 2009)

Hrvatska Elektroprivreda d.d. v. Republic of Slovenia (ICSID Case No. ARB/05/24)

Status of Proceeding: Pending (the parties file reply post-hearing briefs on November 6, 2009)

Ioannis Kardassopoulos v. Georgia (ICSID Case No. ARB/05/18)

Status of Proceeding: Pending (the parties file reply submissions on costs on October 19, 2009)

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

Pending (Tribunal constituted August 13, 2009, Composition of Tribunal: Hans DANELIUS, Charles N. BROWER, Kamal HOSSAIN

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

Status of Proceeding: Pending (the Claimant files a reply on the merits on November 2, 2009)

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

Status of Proceeding: Pending (the proposal for disqualification is declined. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6) on November 6, 2009)

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

Status of Proceeding: Pending (the Claimant files a reply on the merits on November 2, 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 a memorial on objections to jurisdiction on October 29, 2009)

Malicorp Limited v. Arab Republic of Egypt (ICSID Case No. ARB/08/18)

Status of Proceeding: Pending (the Claimant files a counter-memorial on jurisdiction and a memorial on the merits on October 23, 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 Respondent files a rejoinder on the merits on October 27, 2009)

Marion Unglaube v. Republic of Costa Rica (ICSID Case No. ARB/08/1)

Status of Proceeding: Pending (the Claimant files a response to the Respondent’s observations of October 14, 2009 on October 26, 2009)

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

Status of Proceeding: Pending (the Claimant files a counter-memorial on jurisdiction on October 26, 2009)

Toto Costruzioni Generali S.p.A. v. Republic of Lebanon (ICSID Case No. ARB/07/12)

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the procedural calendar on October 29, 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 further observations on the Claimants' further request for provisional measures on October 29, 2009)

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

Status of Proceeding: Pending (The ad hoc Committee holds a hearing on annulment at the Hague on October 19, 2009)

Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/05/16)

Status of Proceeding: Pending (The ad hoc Committee holds a hearing on annulment at The Hague on October 22-23, 2009)

Daimler Financial Services AG v. Argentine Republic (ICSID Case No. ARB/05/1)

Pending (the Respondent files a rejoinder on the merits on October 27, 2009)

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

Status of Proceeding: Pending (the ad hoc Committee issues a decision on Argentina’s application for a stay of enforcement of the Award on October 23, 2009)

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

Status of Proceeding: Pending (the Respondent files a proposal for disqualification of an arbitrator; the proceeding is suspended on October 26, 2009)