issue #02, week 04. 27 January 2010
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

Kenya: Country's UK Accounts Frozen

Jan 25, http://allafrica.com/stories/201001251478.html

Nairobi — Two companies linked to two former aides of retired President Moi caused a diplomatic row between Kenya and Britain when they froze accounts and assets belonging to Kenya in the United Kingdom three weeks ago. ... A dispute over money owed at the end of the contract was settled in arbitration the previous year. The government agreed to pay the money in a settlement reached the previous year but failed to do so. Two years ago, finance ministry stopped payment to ICS then went to the International Chamber of Commerce's International Court of Arbitration which ruled that the Kenyan government had breached the contract between them and should therefore pay all unpaid invoices plus interest accrued.

Ecuador begins process of canceling U.S. gas firm's contract

Jan 22, http://www.tradingmarkets.com/news/stock-alert/eydvf_ecuador-begins-process-of-canceling-u-s-gas-firm-s-contract-721845.html

The Ecuadorian government said Friday that it started the process of canceling its contract with U.S.-based Energy Development Corporation over non-compliance with investment obligations at a field in the Gulf of Guayaquil. The Non-Renewable Natural Resources Ministry said it agreed to a formal request from state oil company Petroecuador and has given EDC two months to comply with its annual budget or provide proof it has fulfilled the terms of its contract.

See also Petroecuador Formally Asks To Cancel Noble Energy Contract, Jan 6, http://www.upstreamonline.com/live/article202716.ece

Former minister Cecilia Rocabado accused of corruption

Jan 19, http://www.lostiempos.com/diario/actualidad/economia/20100119/acusan-a-ex-ministra-de-corrupcion-en-caso-eti_54279_96242.html

The government says Cecilia Rocabado, former Minister of Legal Defense, agreed to submit to the Bolivian state to arbitration over the nationalization of Entel.

Google translate http://translate.google.com/translate?u=http%3A%2F%2Fwww.lostiempos.com%2Fdiario%2Factualidad%2Feconomia%2F20100119%2Facusan-a-ex-ministra-de-corrupcion-en-caso-eti_54279_96242.html

Orvana Provides Update on claim by Glen Eagle Resources

Jan 15, http://www.marketwire.com/press-release/Orvana-Provides-Update-on-Activities-Relating-to-El-Valle-Boinas-Carles-TSX-ORV-1102390.htm

Orvana also provided an update on the claim made by Glen Eagle Resources Inc. against Orvana Minerals Asturias Corp. (formerly Kinbauri Gold Corp.) and Kinbauri Espana, S.L., the subsidiary of Orvana that owns the El Valle-Boinas/Carles mine. Glen Eagle has formally commenced an arbitration proceeding against Orvana Minerals Asturias and Kinbauri Espana, claiming that in June 2009, Kinbauri and Kinbauri Espana improperly terminated a subscription agreement that had been entered into between Kinbauri, Kinbauri Espana and Glen Eagle pursuant to which Glen Eagle had agreed to purchase shares of Kinbauri Espana. In the proceeding, Glen Eagle is claiming damages of approximately CDN$75 million. Orvana believes the claim by Glen Eagle is without merit. Orvana Minerals Asturias and Kinbauri Espana have filed a response to the claim and intend to vigorously defend against it.

Singapore will constantly re-examine legal regime to ensure it's arbitration-friendly

Jan 21, http://www.channelnewsasia.com/stories/singaporelocalnews/view/1032118/1/.html

Singapore will constantly re-examine its legal regime to ensure that it is arbitration friendly. Opening the inaugural Singapore International Arbitration Forum, Law Minister K Shanmugam said Singapore has concentrated on building the essentials for developing the Republic as an important arbitration centre. International arbitration has experienced remarkable growth in recent years, said Mr Shanmugam. Much of the growth has taken place in Asia and Singapore has benefited from it.

See also "Number of new international arbitration cases in Singapore may rise"

20 January 2010, http://www.channelnewsasia.com/stories/singaporelocalnews/view/1031963/1/.html

Dr Michael Pryles, chairman, Singapore International Arbitration Centre, said: "The world financial crisis - that's put a strain on certain parties, it's meant that relationships have become difficult. Maybe the parties to commercial agreements are unable to fully perform their obligations under those agreements."

Turkmenistan doesn't file claim against Azerbaijan just yet

Jan 8, http://www.news.az/articles/6126

"Ashkhabad's filing a claim to the International Arbitration Court against Azerbaijan due to the disputable fields in the Caspian Sea is not at issue now", said Turkmenistan's ambassador in Azerbaijan Annamammad Mammadov at a news conference in Baku today.

CR can lose up to CZK 35bn in arbitrations

Jan 19, http://praguemonitor.com/2010/01/20/press-%C4%8Dr-can-lose-czk-35bn-arbitrations

The Czech Republic may lose up to 35 billion crowns as a result of its ongoing arbitration disputes with firms and individuals in a situation where the cabinet seeks ways to reduce the soaring budget deficit, daily Pravo writes yesterday, referring to figures released by the Finance Ministry. Last summer the damage claims by the entities in dispute with the Czech state still stood at about 30 billion crowns.

Vietnam: Arbitrators have few clients because of little power

Jan 19, http://www.vnbusinessnews.com/2010/01/arbitrators-have-few-clients-because-of.html

VNBusinessNews.com - The number of economic dispute cases brought to court for trial is increasing two fold year after year. Despite this, over the last six years, commercial arbitrators have settled only 280 disputes. According to the Ministry of Justice, the HCM City Economic Court every year deals with 1,000-1,100 economic dispute cases, which is 30 times higher than the number of disputes settled by the biggest arbitration service in Vietnam, the Vietnam International Arbitration Centre (VIAC). Currently, an arbitrator of VIAC every year has to settle 25 cases, or 1/200 of the number of cases a judge at the HCM City Economic Court has to deal with.

Vietnam: National Assembly Standing Committee opens its 27th session, discuss draft law on trade arbitration

Jan 18, http://www.vnnnews.net/na-standing-committee-opens-its-27th-session

At the 18 January session, the NA Standing Committee discussed six major issues on the law draft on trade arbitration such as violation of the jurisdiction of settling trade arbitrators' disputes, arbitrator's standards, foreign-element-related arbitrators and the authority of the arbitration council in applying temporary urgent measures. Regarding violation of the jurisdiction of settling trade arbitrators' disputes, NA deputies agreed on project 1 of the law draft under which they said that they should not extend trade arbitrators' jurisdiction for settling civil disputes as they are only entitled to deal with trade disputes.

...

Venezuela OKs new gov't expropriation powers

Jan 21, http://www.businessweek.com/ap/financialnews/D9DCH9N82.htm

Venezuelan lawmakers on Thursday expanded the government's powers to expropriate businesses if it finds they have raised prices inordinately. The National Assembly gave final approval to a revised consumer protection law that allows the government to begin expropriation proceedings in response to a range of violations -- such as price hikes deemed to be improper, hoarding of goods, price speculation or boycotts.

France concerned about expropriation of the French-Colombian hypermarket chain Exito

Jan 21, http://www.diplomatie.gouv.fr/en/country-files_156/venezuela_719/france-and-venezuela_2603/political-relations_7135/venezuela-expropriation-of-the-french-colombian-hypermarket-chain-exito-21.01.10_13546.html

France is concerned by the accusations of speculative practices and by the measures taken against the Exito and Cada stores, which belong to the French group, Casino. This group employs 5,000 people and has been present in Venezuela for 10 years; it has always endeavored to comply with the Venezuelan legislative and regulatory framework. France trusts the Venezuelan authorities to clear up the misunderstanding with the French company as swiftly as possible.

Venezuela to expropriate store chain, mall

Jan 20, http://www.businessweek.com/ap/financialnews/D9DBP3JG2.htm

Lawmakers have taken a key step toward expropriating a retail chain and a large shopping mall in the Venezuelan capital. Venezuelan business leaders on Wednesday predicted that private investment will decline after the National Assembly declared the Exito retail chain and the Sambil mall in downtown Caracas to be for public use -- a step prior to expropriation.

Chavez orders takeover of French hypermarket chain

Jan 17, http://www.businessweek.com/ap/financialnews/D9D9PMLO0.htm

President Hugo Chavez on Sunday ordered the expropriation of a French-owned hypermarket chain that operates close to a dozen stores in Venezuela, accusing it of price speculation following the country's currency devaluation. Chavez said his government would seize control of the Exito hypermarket chain, majority owned by France-based Casino Guichard Perrachon SA, after lawmakers approve legislation allowing the expropriation of businesses that have raised prices inordinately.

Uribe holds meeting apropos Éxito expropriation

Jan 18, http://english.eluniversal.com/2010/01/18/en_eco_esp_uribe-holds-meeting_18A3304211.shtml

Colombian President Álvaro Uribe has met "with the people who should be talked to" following the news given by his Venezuelan counterpart Hugo Chávez related to the seizure of retail chain Éxito.

Jordan Government nears finalising new investment law

Jan 19, http://www.zawya.com/Story.cfm/sidZAWYA20100119034337/Jordanian%20Gov%27t%20nears%20finalising%20new%20investment%20law

AMMAN - The government is planning to pass legislation soon to facilitate local and foreign investment in the Kingdom, according to a senior official. During a seminar on "Climate of Investment", held on Saturday, Jordan Investment Board (http://www.jordaninvestment.com/) acting Executive Director Issa Gammoh said the government is currently working on drafting the bill, which is expected to be ready in the near future.

Groups Ask Court to Block Chevron Arbitration Bid

Jan 15, http://abcnews.go.com/Business/wireStory?id=9572193

Amazon groups in Ecuador seek to block Chevron from taking environmental suit to arbitration. Groups accusing Chevron of contaminating a huge swath of rainforest in Ecuador are asking a U.S. court to block the oil company from taking the dispute to international arbitration. The groups filed a lawsuit Thursday in U.S. District Court in New York in which they claim Chevron Corp. broke a promise to submit to jurisdiction in Ecuador over the groups' lawsuit against the oil company and abide by any ruling. The plaintiffs say a special master in Ecuador has ruled Chevron might be liable for up to $27 billion in damages. The Ecuadorean trial court has not yet ruled.

Swiss court orders Sallies to pay $1,2m to Honeywell

Jan 14, http://www.miningweekly.com/article/swiss-court-orders-sallies-to-pay-12m-to-honeywell-2010-01-14

JOHANNESBURG (miningweekly.com) - The Federal Supreme Court of Switzerland has ordered South African fluorspar company Sallies to pay the initial fine of $1,2-million to Honeywell International, as imposed by the International Chamber of Commerce International Court of Arbitration.

New SCC rules - Interim Measures and the Emergency Arbitrator

Jan 5, http://www.chamber.se/?id=23696&newsid=30371

When the rules on an Emergency Arbitrator were adopted by the Stockholm Chamber of Commerce, a few amendments were also made to the SCC Rules. The new versions of the Arbitration Rules and the Rules for Expedited Arbitrations entered into force on 1 January 2010 and are called the 2010 SCC Rules.

[ the rules can be found here http://www.chamber.se/?id=23718 ]

Egypt court blocks France Telecom's Mobinil offer

Jan 13, http://us.new.m.yahoo.com/w/ynews/article/tech/8?url=http%3A%2F%2Fxml.news.yahoo.com%2Fus%2Fnews%2Frss%2Frichstoryrss.html%3Fu%3D%2Fap%2F20100113%2Fap_on_bi_ge%2Fml_egypt_orascom_france_telecom&.ts=1263434026&.intl=us&.lang=en&_ym=1

CAIRO - An Egyptian court on Wednesday blocked a decision by a regulator that would have allowed France Telecom to buy all outstanding shares of Mobinil's operator, the latest development in a battle over ownership of Egypt 's largest mobile phone service provider.

...

The fight stems from an arbitration court ruling in March that the French company says requires Orascom to sell its 28.75 percent stake in Mobinil's holding company to FT. Orascom, however, argued that the ruling meant FT must also extend a mandatory tender offer for all of Mobinil's shares, not just the shares in Mobinil's holding company.

Austria and Kazakhstan sign investment agreement

Jan 13, http://austriantimes.at/news/General_News/2010-01-13/19592/Austria_and_Kazakhstan_sign_investment_agreement

Austria and Kazakhstan have signed a new bilateral investment agreement, it has been announced.

Uzbekistan: Fair decision in favour of the Republic of Uzbekistan at International Arbitration Court

Jan 12, http://mfa.uz/eng/press_and_media_service/news_and_events/decision_in_favour_of_uzbekistan_at_international_arbitration_court.mgr

Ministry of Foreign Affairs of the Republic of Uzbekistan: Favourable investment climate has been created in Uzbekistan. The legal framework of investment activity and protection of foreign investors' rights and their investments has been formed. To a number of acts composing the legal base of the investments and their protection shall refer the laws of the Republic of Uzbekistan, "On foreign investments", "On guarantees and measures of protection of the rights of foreign investors". Moreover, Republic of Uzbekistan participates in a number of international conventions, providing legal instruments for protection of investments, and also Uzbekistan has bilateral agreements with many countries on protection and promotion of investments.

See http://www.pca-cpa.org/showpage.asp?pag_id=1339 for more details.

U.S. Steel tells court Canada's foreign investment law is 'essentially flawed'

Jan 12, http://www.winnipegfreepress.com/business/breakingnews/81235197.html

U.S. Steel Corp. says legislation governing foreign investment in Canada contains one "essential flaw": it punishes a company that doesn't comply with its rules as if it has committed a criminal offence, but doesn't give it the rights guaranteed under criminal proceedings. U.S. Steel Corp. was in Federal Court on Tuesday, arguing that a case against it should be thrown out due to the legal flaws in the Investment Canada Act. The steelmaker is being sued by Ottawa for breaking job and production promises it made under the act when it acquired Stelco more than two years ago.

KBR Receives Arbitration Award Against Pemex

Jan 12, http://www.kbr.com/news/press_releases/2010/01/12/KBR-Receives-Arbitration-Award-Against-Pemex.aspx

KBR announced today its Mexican subsidiary, Commisa, has received an arbitration award against Pemex Exploration and Production (PEP), a subsidiary of PEMEX, the Mexican national oil company. The base award is in the amount of approximately $286M. The award also includes legal and administrative recovery fees as well as interest bringing the award total to in excess of $350M. PEP was awarded approximately $6M on counterclaims, plus interest on a portion of that sum.

The award arises out of a 1997 EPC contract and PEP's resulting failure to pay Commisa fully for the construction of two large platforms, as well as the related flare and incinerator platforms, off the coast of Mexico in the Bay of Campeche.

The arbitration was conducted by the International Chamber of Commerce. The final arbitration hearings were conducted in December 2007, the arbitration award is dated December 16, 2009 and Commisa was notified of the award January 11, 2010.

"This arbitration closes the chapter on a significant legacy litigation issue for KBR," said William P. Utt, KBR Chairman, President and Chief Executive Officer. "With this matter now resolved, the company can move forward and reinvigorate its continued efforts of being the global contractor of choice."

This is the third recent arbitration award received by KBR subsidiaries Commisa and Combisa against PEP, all arising from works performed in the Bay of Campeche. The two prior awards have been satisfied by PEP.

Qatar Financial Centre announce collaboration to bring mediator training to the Gulf

Jan 11, http://www.cedr.com/index.php?location=/news/archive/20100111_340.htm

On 11 January 2010, the Qatar Financial Centre Civil and Commercial Court and the Centre for Effective Dispute Resolution announced today a joint initiative offering courses in Mediator Skills Training. QFC Civil and Commercial Court Chairman Lord Woolf and CEDR's CEO Karl Mackie signed the memorandum of understanding formalizing the new collaboration in front of members of the media.

Bahrain Launches Alternative Dispute Resolution Chamber Worlds First Arbitration Free Zone

Jan 12, http://www.eyeofdubai.com/v1/news/newsdetail-38258.htm

The Kingdom of Bahrain today formally launched the Bahrain Chamber of Dispute Resolution and, in the process, became the first country in the world to establish an arbitration "free zone" and introduce the concept of statutory arbitration. The Chamber, an initiative of Bahrain's Ministry of Justice and delivered in partnership with the American Arbitration Association, the world's leading provider of conflict management and dispute resolution services, will be known formally as the BCDR-AAA. In another global first, Bahrain has also introduced the concept of statutory arbitration for commercial and financial disputes.

Bangladesh opts for outside court settlement with Niko

http://www.thefinancialexpress-bd.com/more.php?news_id=89048

The government has planned to settle the long-pending dispute with Niko Resources over payments against the sale of gas produced from Feni field through discussion rather than litigation, officials said Friday. "We cannot stop Niko from going to the international court. But we are interested in resolving the payment row through discussion," Petrobangla chairman Dr Hossain Monsur told the FE Friday.

Court rules for PGS in newbuild row

Jan 11, http://www.pgs.com/Pressroom/Press_Releases/Update-on-New-Builds-in-Spain6/

Reference is made to earlier announcements regarding the vessels under construction at the Factorias Vulcano shipyard in Spain. Petroleum Geo-Services ASA ('PGS' or the 'Company') announced, on March 23, 2009, that its subsidiary Arrow Seismic Invest II Ltd. ('Arrow') had terminated the shipbuilding contract for New Build number 532. PGS further announced on 30 March, 2009, that the yard disputed Arrow's right to terminate the contract, and that the dispute would be submitted to arbitration in Norway.

The arbitration court has now announced a ruling in favor of PGS. The yard was ordered to pay Arrow the full amount claimed for, EUR 39 658 000, with the addition of interest and full legal costs. The arbitration ruling is final and binding.

Arrow will immediately pursue its claim for payment in accordance with the decision of the arbitrators. Approximately EUR 32 million plus interest out of the amount awarded by the arbitrators is covered by bank guarantees.

Palladon Ventures Files Arbitration Regarding Its Sales Agreement For The Purchase Of Iron Ore

Jan 8, http://www.palladonventures.com/s/PressReleases.asp?ReportID=379574&_Type=Press-Releases&_Title=Palladon-Ventures-Files-Arbitration-Regarding-Its-Sales-Agreement-For-The-P...

Palladon Ventures Ltd. ("Palladon" or the "Company") (CDNX: PLL.V) (Frankfurt: PV-1) announces that its wholly owned subsidiary Palladon Iron Corporation ("PIC") has submitted a Request for Arbitration with respect to the termination of the Sales Agreement for the Purchase of Iron Ore (the "Agreement") dated March 31, 2008 between PIC as seller and China Kingdom International (Australia) PTY Ltd., CKI Minerals & Metals ("CKI") as buyer.

On September 15, 2009, the Company announced that PIC had notified CKI of the termination of the Agreement, subject to the dispute resolution mechanisms as set out in the Agreement. When the Agreement was negotiated and entered into, both parties understood that the iron ore would be delivered to CKI at the Port of Long Beach. This understanding is set forth in the Agreement. At that time, both parties knew that PIC had not yet entered into a signed agreement for the storage of the iron ore at the Port of Long Beach, and both parties knew that the performance of the Agreement would be dependent upon PIC successfully obtaining such a signed storage agreement. Subsequent to the signing of the Agreement, and despite its best efforts, PIC was unable to secure a signed agreement for a storage facility at the Port of Long Beach. This made it commercially impracticable or impossible for either party to perform its obligations under the Agreement.

On January 4, 2010, over four months after PIC had notified CKI that the Agreement was terminated, CKI first notified PIC that it did not agree with PIC's assertion that the Agreement was terminated.

Pursuant to the Agreement, all disputes between the parties are to be resolved by arbitration in Salt Lake City, Utah under the Rules of Arbitration of the International Chamber of Commerce. Accordingly, PIC has submitted a request for arbitration to the International Chamber of Commerce, seeking a determination of the issue of whether the Agreement is terminated due to the commercial impracticability or impossibility of either party to perform its obligations under the Agreement.

Palladon CEO John Cutler stated: "We continue to be very optimistic with respect to the potential development of the Iron Mountain Project. The Company continues to work on a plan to repay its Luxor debt and to finance both current operations and further development of the Iron Mountain Project."

YUKOS Oil Company v. Russian Federation Hearing in the European Court of Human Rights

Jan 11, http://www.khodorkovskycenter.com/news-resources/stories/yukos-oil-company-v-russian-federation-hearing-european-court-human-rights

Khodorkovsky and Lebedev Communications Center - The European Court of Human Rights' hearing on the case of YUKOS Oil Company v. Russian Federation will take place in Strasbourg on 14 January 2010, beginning at 09:00 (Central European Time). It will probably last about four hours.

See also http://www.echr.coe.int/ECHR/EN/Header/Pending+Cases/Pending+cases/Calendar+of+scheduled+hearings/

Note "Hearing in the case of OAO Neftyanaya Kompaniya Yukos v. Russia postponed"

The hearing in the case of OAO Neftyanaya Kompaniya Yukos v. Russia (no. 14902/04) initially scheduled for 14 January 2010 has been adjourned until 4 March 2010 due to the unavailability of both the ad hoc judge, Mr Andrei Bushev, and the Government Agent, Mr Georgy Matyushkin.

http://cmiskp.echr.coe.int/tkp197/viewhbkm.asp?sessionId=43231352&skin=hudoc-pr-en&action=html&table=F69A27FD8FB86142BF01C1166DEA398649&key=79299

Independent debt arbitration proposed in Icesave dispute

Jan 6, http://www.ekklesia.co.uk/node/10948

Jubilee Debt Campaign, which works for the cancellation of unpayable and unjust Third World debt, today called on the British government to support a neutral debt arbitration system to radically reform international lending. The group said that Iceland's President was correct to assert that states in debt have rights that trump the rights of creditors to bleed their economies dry, adding that Iceland's crisis mirrored the even more serious plight of many developing countries.

See also http://www.icenews.is/index.php/2010/01/11/is-a-mediator-needed-to-settle-icesave/

Siemens legal proceedings update (arbitration highlights), December 2009

Dec 2009, http://w1.siemens.com/press/pool/de/events/corporate/2009-q4/2009-q4-legal-proceedings-e.pdf

* As previously reported, Siemens had filed a request for arbitration against the Republic of Argentina (Argentina) with the International Center for Settlement of Investment Disputes (ICSID) of the World Bank. Siemens claimed that Argentina had unlawfully terminated its contract with Siemens for the development and operation of a system for the production of identity cards, border control, collection of data and voters' registers (DNI project) and thereby violated the Bilateral Investment Protection Treaty between Argentina and Germany (BIT).

...

* In early 2009 Siemens terminated its joint venture with Areva S.A. (Areva). Thereafter, Siemens entered into negotiations with the State Atomic Energy Corporation Rosatom (Rosatom) with a view to forming a new partnership active in the construction of nuclear power plants, in which it would be a minority shareholder. In April 2009, Areva filed a request for arbitration with the ICC against Siemens....

* In July 2008, Mr. Abolfath Mahvi filed a request for arbitration with the ICC seeking an award of damages against Siemens in the amount of DM150 million (or the equivalent in euro, which is approximately 77 million) plus interest....

* Siemens A.E. entered into a subcontract agreement with Science Applications International Corporation, Delaware, USA, (SAIC) in May of 2003 to deliver and install significant portions of security surveillance equipment as part of a "C4I" project in preparation for the 2004 Olympic Games in Athens, Greece. ...

Hong Kong: Judiciary makes case for mediation

Jan 04, http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=92555&sid=26584319&con_type=1

Mediation, a process that aims to resolve disputes and keep them out of the courts, takes another step forward today with the Judiciary opening an information office on the practice. The Mediation Information Office has been established under the Judiciary's Practice Direction 31 on Mediation, which came into operation last Friday.

Czech State Could Face $54 Million Arbitration Over Kotva Store Ownership

Jan 6, http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/201001060502DOWJONESDJONLINE000316_univ.xml

Dow Jones - The Czech state potentially faces a 995 million koruna ($ 54.4 million) arbitration dispute from Cyprus-registered Forminster Enterprises Ltd. over a troubled business deal earlier this decade, the Czech finance ministry's spokesman said Wednesday.

Canada Joins WTO Panel on Chinese Export Restrictions

Jan 6, http://www.international.gc.ca/media_commerce/comm/news-communiques/2010/003.aspx

The Honourable Stockwell Day, Minister of International Trade and Minister for the Asia-Pacific Gateway, today announced that Canada will participate as a third party in a World Trade Organization panel on China's export restrictions on certain raw materials. The panel was established at the request of the United States, the European Union and Mexico on December 21, 2009. "Canada is concerned that China's export restraints, such as export duties and quotas, are leading to trade distortions in the world market," said Minister Day. "Such measures have caused uncertainty for Canadian producers. We hope that this WTO challenge will persuade China to end these practices." The raw materials at issue are bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus and zinc.

EVENTS

ICSID Public hearing, Feb 1 - 12 2010, Grand River Enterprises Six Nations, Ltd., et al. v. United States of America NAFTA/UNCITRAL Arbitration Rules Proceeding

http://icsid.worldbank.org/

Grand River Enterprises Six Nations, Ltd., et al. v. United States of America NAFTA/UNCITRAL Arbitration Rules Proceeding. The hearing on the merits in the Grand River Enterprises Six Nations, Ltd., et al. v. United States of America case is scheduled to take place before a three-member arbitral tribunal from 9:00 a.m. on Monday, February 1, 2010 through Friday, February 12, 2010. This case has been initiated under Chapter Eleven of the NAFTA and is governed by the UNCITRAL Arbitration Rules. ICSID is administering the proceedings in this case. The parties have agreed to make the hearing open to the public, except for those parts which involve confidential matters. More information, and registration at http://icsid.worldbank.org/

Roundtable discussion with the delegates to the UNCITRAL Working Group II (Arbitration and Conciliation) February 3, 2010, New York

Flyer, PDF

Debevoise & Plimpton LLP is pleased to invite you to participate in, and contribute to a roundtable discussion with the delegates to the UNCITRAL Working Group II (Arbitration and Conciliation) and Mr. Renaud Sorieul, the Secretary of UNCITRAL. The roundtable will take place on Wednesday, February 3, 2010 from 6:30 to 8:30 PM, at the offices of Debevoise & Plimpton located at 919 Third Avenue in New York. It will be organized by the Arbitration Committee of the Association of the Bar of the City of New York and the American Bar Association's Section of International Law.

We are privileged to have a terrific panel of speakers featuring:

Yulia Andreeva will moderate the debate.

We hope that this event will serve as a platform for an engaged dialogue between the drafters of the new UNCITRAL rules and the arbitration community. To make this dialogue most productive and responsive to the demands of the day, we would like to gather questions from you ahead of the event, to be discussed with the speakers on February 3 2010. All questions are welcome, from the philosophy of the new rules to specific drafting solutions. Every contribution will be gratefully acknowledged at the event. We count on your interest and participation!

To RSVP for this event, please email

For those who are unable to join us in person, please take note of the following dial-in details:
USA Toll Free: 877 322 9654
USA Caller Paid/International Toll: +1 954 797 1657
Participant Code: 862704
We hope to see many of you in New York on February 3 2010!

The Resolution of Intellectual Property Disputes: 8 February 2010

http://www.unige.ch/droit/jdpi_en.html

Geneva, Switzerland

The goal of the conference which is organized by the Law School of the University of Geneva jointly with the Arbitration and Mediation Center of the World Intellectual Property Organization and the Swiss Group of the Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI) is to explore the topic of the resolution of intellectual property disputes from an international, European and Swiss perspectives on the basis of presentations made by renowned scholars and practictioners. It will give an opportuntity to address - among other topics - the issue of intellectual property disputes at the WTO and at the level of the European Union (from litigation and private international law standpoints). It will also cover alternative dispute resolutions methods for solving intellectual property disputes (including by arbitration).

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

http://www.usyd.edu.au/news/law/457.html?eventcategoryid=37&eventid=4307

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.

Full programme http://www.law.usyd.edu.au/events/2010/Feb/ITAbrochure_Feb10.pdf

The "Vienna Arbitration Days" Conference, Feb. 12 + 13, 2010

Vienna, Austria

http://www.viennaarbitrationdays.at/

The "Vienna Arbitration Days" Conference will focus on the practical effects of the (past?) financial crises on arbitration: - Attitudes of state entities - have they changed?; - Tactics against effective arbitration - as instructed by quite some clients; - Insolvency and arbitration; - Is arbitration as a system in crisis?; Internationally well known speakers will present these delicate issues. Participants from 30 countries are expected. Discount on standard registration fees available for TDM / OGEMID members, contact us for details.

International Commercial Arbitration in the Americas: Beyond Cultural Clash and Toward Maturity : 17 March 2010

Co-sponsored by the Inter-American Bar Association and the Inter-American Commercial Arbitration Commission.

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.

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.

Dispute Resolution in M&A Transactions Tactics, Challenges, Defences - 13-14 May 2010

13-14 May 2010, Warsaw, Poland. Le Meridien Bristol Hotel
http://www.sadarbitrazowy.org.pl/en/conference13-14may2010

The first international conference on arbitration in Poland of such importance. Polish and international prominent panellists and guests, specialized in arbitration, are invited. The conference is held under the honorary auspices of the Minister of Foreign Affaires of the Republic of Poland, Mr. Radoslaw Sikorski.

Topics: - Dispute settlement in M&A transactions; - Pre-closing and post-closing disputes; - Disputes concerning representations and warranties; - The ICC model M&A contracts; and - Business and public interests in M&A disputes

Speakers include: Dr. Beata Gessel-Kalinowska vel Kalisz, Yulia Andreeva, Dr. Andrzej Kremer, Dr. Henryka Bochniarz, Prof. Andrzej Szumanski, Prof. Dr. Gerhard Wegen, Frederick R. Fucci, Sarah François-Poncet, Simon Greenberg, Murray Rosen QC, Prof. Stanislaw Soltysinski, Wendy J. Miles, Hans G. Bagner, Dr. Alice Broichmann, Bartosz Kruzewski, Prof. Dr. Henry Peter, Piotr Nowaczyk, Dr. Karl J.T. Wach, Prof. Jesús Almoguera, Cyrus Benson, Justin Michaelson, Tomasz Wardynski, Prof. Dr. Irene Welser, Charles Adams, Prof. Dr. Siegfried H. Elsing, Alexis Mourre, Dr. Rudolf Tschäni, Vilija Vaitkute Pavan, Dr. Cristina Martinetti, Dr. Philipp Habegger, Barbara Porayska-Pomsta, Pedro Serret Salvat, Marvelle Sullivan, Juliet Blanch, Elzbieta Buczkowska-Krzysków, Barton Legum, Sophie Nappert, Prof. Jerzy Rajski.

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. Speakers include: Maurice Mendelson QC, Charles N. Brower, Brigitte Stern, Christoph Schreuer, Tony Willis, Maria-Teresa Trofaier, Simeon Baum, Esq., Suzanne Ulicny, George Bermann, Catherine Rogers, Tom Stipanowich, Ben Sheppard, Giorgio Sacerdoti, Greg Tereposky, Andrew Shoyer, Richard Cunningham, John Barkett, Tim Martin, David Burt. See the website for the full program and registration details here law.fordham.edu/arbitration.

International Arbitration Summer Program: 1 - 18 June 2010

Courses in English: Nuts and Bolts of International Commercial Arbitration; Investor-State Arbitration; Advanced Seminar: Practical Skills and Cross-Examination in International Arbitration; International Arbitration and Choice-of-Law Issues; and Contributions of the ICC Court of Arbitration to the Development of Commercial Law. Courses in Spanish: Arbitraje Comercial Internacional; Arbitraje Inversionista-Estado; Seminario Avanzado: Aspectos Prácticos del Proceso Arbitral.

How to Handle Competition Issues in an International Commercial Arbitration: 12 - 15 October 2010

This three-day intensive seminar based on a mock arbitration case will provide critical skills and practical insight into handling arbitration cases primarily under the auspices of the ICC Rules of Arbitration.

Fifth Annual Lecture on International Commercial Arbitration: 11 November 2010

The annual lecture offers an eminent figure in international arbitration a platform on which to share his or her ideas on novel issues and current trends in international arbitration, while providing practitioners and academics an exclusive opportunity to participate. The 2010 Annual Lecture will feature Yves Derains, Partner, Derains Gharavi & Lazareff.

MOVES / JOBS

ICSID Job Vacancies: Counsel & Jr. Counsel (closing date Feb 7 2010)

Closing dates for both 07-Feb-2010

See http://icsid.worldbank.org/ICSID/ for more details

BIICL: Senior Research Fellow in International Investment Law

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

The British Institute of International and Comparative Law is seeking to appoint an exceptional candidate as its Senior Research Fellow in International Investment Law, and Director of the Investment Treaty Forum, to lead the Institute's research and events programme in this area at this exciting time.

Applications are invited from those who wish to be part of this intellectually engaging, practically relevant and collegial environment. This post is a research post with no teaching duties, working directly with a broad network of those working in this field, and offering substantial leadership and public profile opportunities. It is essential that the applicant has a high degree of knowledge in international investment law, as well as relevant experience in practice.

The closing date for applications is 22 February 2010, more info at http://www.biicl.org/opportunities/srf_international_investment_law/

BIICL is also seeking:

Senior Research Fellow post in Public International Law http://www.biicl.org/opportunities/srf_public_international_law/ (closing date for applications is 25 February 2010)

and a Research Fellow post in European law: http://www.biicl.org/opportunities/rf_european_law/ (closing date for applications is 25 February 2010)

White & Case: International Arbitration Practice Manager (closing date February 5 2010)

The White & Case International Arbitration Practice is seeking a lawyer with international arbitration experience to fill a new "International Arbitration Practice Manager" position to provide strategic leadership in the areas of Marketing and Business Development, Knowledge Management and Communications. More info at https://recruit.whitecase.com/viRecruitSelfApply/ReDefault.aspx?FilterREID=37&Filter.JobCategoryID=5&FilterJobID=54

The Hong Kong International Arbitration Centre (HKIAC) Seeks New Secretary General (Deadline for applications: March 31 2010)

http://www.hkiac.org/newspdf/The_HKIAC_Seeks_New_Secretary_General.pdf

The Hong Kong International Arbitration Centre (HKIAC) has begun the search for a new Secretary General, it was announced today [Jan 5 2010]. The current Secretary General, Gary Soo, will be leaving the HKIAC in May and returning to the Hong Kong Bar to continue his practise.

More details available here http://www.hkiac.org/newspdf/The_HKIAC_Seeks_New_Secretary_General.pdf

Richard Tan and Wendy Tan join Stamford Law

Jan 27, http://asia.legalbusinessonline.com/news/breaking-news/stamford-law-gains-three-lawyers-from-local-rivals/39979

... Richard Tan joins its dispute resolution practice ... Richard Tan will work under the new practice head Wendy Tan ....

Kenneth B. Reisenfeld joins Patton Boggs LLP

Jan 19, http://www.pattonboggs.com/news/detail.aspx?news=1062

Kenneth B. Reisenfeld will lead Patton Boggs LLP's international arbitration practice from its headquarters in Washington. In addition, Mr. Reisenfeld is expected to play a key role in the firm's sovereign representation, energy sector, defense, national security and international trade regulatory practices.

New Appointments to the SCC Board

Jan 8, http://www.chamber.se/?id=23696&newsid=30404

The SCC is pleased and honoured to welcome three new Members of the SCC Board as from 1 January 2010. The new members are Ms Anne Gynnerstedt, Mr Jakob Ragnwaldh and Martin Wallin. ... At the very same time the SCC would like to take the opportunity to say thank you to Mr Kaj Hobér, Mr Christer Söderlund and Ms Cecilia Vieweg. They have all voluntarily chosen to step down as from 1 January 2010 after several years as SCC Board Members.

Burford Group appoints Georgetown Law Professor Jonathan Molot as Chief Investment Officer

Jan 21, http://www.prnewswire.com/news-releases/burford-group-expands-us-team-82247767.html

Burford Group Limited, Investment Advisor to the publicly-traded commercial dispute investor Burford Capital Limited, today announced four new additions to its U.S. team. Burford Capital, one of the largest dispute financiers in the world, is experiencing strong interest in its investment proposition, and Burford Group is rapidly expanding as a result.

ISCID

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 decision on provisional measures on January 25, 2010)

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

Status of Proceeding: Pending (the Claimant files a memorial on the merits on January 23, 2010)

Tanzania Electric Supply Company Limited v. Independent Power Tanzania Limited (ICSID Case No. ARB/98/8)

Status of Proceeding: Pending (the Claimant files a proposal for the disqualification of an arbitrator; the proceeding is suspended on January 22, 2010. Composition of Tribunal: President: Kenneth S. ROKISON (British) Arbitrators: Charles N. BROWER (U.S.) Andrew ROGERS (Australian))

Corporación Quiport S.A. and others v. Republic of Ecuador (ICSID Case No. ARB/09/23)

Status of Proceeding: Pending (the constitution of the Tribunal is suspended on January 13, 2010, following the agreement of the parties)

Kilic Insaat Ithalat Ihracat Sanayi ve Ticaret Anonim Sirketi v. Turkmenistan (ICSID Case No. ARB/10/1)

Construction projects. Tribunal not yet constituted, Registered January 19, 2010

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 reply on jurisdiction on January 15, 2009)

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

Status of Proceeding: Pending (the Respondent files observations on the Claimants' request for production of documents on January 14, 2010)

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 Claimant files a rejoinder on jurisdiction on January 15, 2010)

Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14)

Status of Proceeding: Pending (the parties file post-hearing briefs on January 15, 2010)

ABCI Investments N.V. v. Republic of Tunisia (ICSID Case No. ARB/04/12)

Status of Proceeding: Pending (the Tribunal issues a decision on the request for production of documents and on the procedural calendar on January 20, 2010)

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

Status of Proceeding: Pending (the Claimants file a response to the Respondent’s observations on the request for production of documents on January 19, 2010)

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

Status of Proceeding: Pending (the Republic of Chile files observations on its request for a stay of enforcement of the award on January 15, 2009.)

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

Status of Proceeding: Pending (the Tribunal issues a decision on the Respondent’s proposal for disqualification of a counsel on January 14, 2010). Available on ICSID website

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

Status of Proceeding: Pending ( RSM Production Corporation files a reply on annulment on January 15, 2010)

Global Trading Resource Corp. and Globex International, Inc. v. Ukraine (ICSID Case No. ARB/09/11)

Status of Proceeding: Pending (the Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5) on January 5, 2010)

Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12)

Status of Proceeding: Pending (the Respondent files preliminary objections to jurisdiction on January 4, 2010)

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

Status of Proceeding: Pending (the Claimants file a request for provisional measures on January 8, 2010)

Giordano Alpi and others v. Argentine Republic (ICSID Case No. ARB/08/9)

Status of Proceeding: Pending (the Claimants file observations on the Respondent’s request of December 15, 2009 on December 22, 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 (Tribunal recently reconstituted, Neil KAPLAN (British) appointed following the resignation of Charles N. BROWER (U.S.)

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

Status of Proceeding: Pending (the Respondent files a rejoinder on the merits on January 11, 2010)

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

Status of Proceeding: Pending (the ad hoc Committee informs the parties on December 10, 2009, that the provisional stay of enforcement of the award has lapsed)

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

Decision on the Application for a Preliminary Ruling (Dec 07, 2009) available on ICSID website. Grenada files a counter-memorial on annulment on December 31, 2009

Cambodia Power Company v. Kingdom of Cambodia and Electricité du Cambodge (ICSID Case No. ARB/09/18)

Tribunal Constituted January 08. President: Neil KAPLAN (British), Arbitrators: John BEECHEY (British), Toby LANDAU (British)

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

Status of Proceeding: Pending (the Respondent files a reply on jurisdiction and a counter-memorial on the merits on January 8, 2010)

GEA Group Aktiengesellschaft v. Ukraine (ICSID Case No. ARB/08/16)

Status of Proceeding: Pending (the Respondent files a counter-memorialon the merits on January 11, 2010)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents on January 8, 2010)

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 parties file reply post-hearing briefs on January 8, 2010)

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

Status of Proceeding: Pending (following the resignation of Charles N. Brower, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2) on December 16, 2009)

Camuzzi International S.A. v. Argentine Republic (ICSID Case No. ARB/03/2)

Status of Proceeding: Pending (pursuant to the parties' agreement, the suspension of the proceeding is further extended on September 30, 2009)