issue #06, week 14. 09 April 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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Editor: Beata Gessel-Kalinowska vel Kalisz; Reviewers: Cecilia Carrara & Luminita Popa - Special Issue on Sanctions and International Arbitration: Impact on Substantive and Procedural Issues
Editors: Ali Burney, Rinat Gareev, Kiran Nasir Gore, Prof. Joel Slawotsky, May Tai - Special Issue on National Courts as a Forum for the Resolution of Disputes under Article 26 Energy Charter Treaty
Editors: John Gaffney, Richard Happ, Lucia Raimanova, Anna-Maria Tamminen, Catharine Titi - Special Issue on International Investment Arbitration - Environmental Protection and Climate Change Issues (Vol 4+)
Editors: Prof. Dr A F M Maniruzzaman, Kiran Nasir Gore, Prof. Dr Stephen Minas - Special Issue on The African Continental Free Trade Agreement (AfCFTA)
Editors: J. Chaisse, J. Górski, E. Laryea, M.M. Mbengue, and K. Olaoye
Recent issues:
- TDM 5 (2018) - Strategic Considerations in Energy Disputes
- TDM 6 (2018) - FDI Moot 2018
- TDM 5 (2018) - Regular issue
- TDM 4 (2018) - Time and Cost Issues in International Arbitration
- TDM 3 (2018) - Sir Elihu Lauterpacht QC
- TDM 2 (2018) - International Commercial and Investment Disputes in and with India
- TDM 1 (2018) - Regular issue
- TDM 5 (2017) - FDI Moot 2017
- TDM 4 (2017) - Comparative and International Perspectives on Mediation in Insolvency Matters
- TDM 3 (2017) - One Belt One Road (OBOR)
- TDM 2 (2017) - Non-Legal Adjudicators in National and International Disputes
- TDM 1 (2017) - Regular issue
- TDM 6 (2016) - FDI Moot 2016
- TDM 5 (2016) - Latin America (vol. 2)
- TDM 4 (2016) - Africa
- TDM 3 (2016) - Three Centuries of Arbitration for Peace
- TDM 2 (2016) - Latin America
- TDM 1 (2016) - CETA
- TDM 7 (2015) - FDI Moot 2015
- TDM 6 (2015) - Regular issue
- TDM 5 (2015) - Yukos Special - OGEL 5 (2015) - Yukos Special
- TDM 4 (2015) - ArbitralWomen/TDM: Dealing with Diversity in International Arbitration
- TDM 3 (2015) - Renewable Energy Disputes - OGEL 3 (2015) - Renewable Energy Disputes
- TDM 2 (2015) - Arbitration in the Middle East: Expectations and Challenges for the Future
- TDM 1 (2015) - The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century
- TDM 6 (2014) - Dispute Resolution from a Corporate Perspective
- TDM 5 (2014) - FDI Moot 2014
- TDM 4 (2014) - CILS - 8th Biennial Symposium on International Arbitration and Dispute Resolution
- TDM 3 (2014) - Regular issue
- TDM 2 (2014) - The New Frontiers of Cultural Law: Intangible Heritage Disputes
- TDM 1 (2014) - Reform of Investor-State Dispute Settlement: In Search of a Roadmap
- TDM 6 (2013) - FDI Moot 2013
- TDM 5 (2013) - Art and Heritage Disputes in International and Comparative Law
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- TDM 2 (2013) - EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges
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- TDM 5 (2011) - Resolving International Business Disputes by ADR in Asia
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TDM Recently published
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See https://www.transnational-dispute-management.com/journal-advance-publication.asp
NEWS
India: Law Ministry Proposes to Amend Arbitration Law
Apr 06, http://news.outlookindia.com/item.aspx?678792
In a bid to upgrade the system of out-of-court settlements in the country to international standards and to remove long delays in resolving commercial disputes, the Law Ministry proposes to amend the relevant law. According to the consultation paper prepared by the Ministry, major changes have been suggested in the Arbitration and Conciliation Act, 1996 dealing with out-of-court settlement. The document will be released here on Thursday.
Stockholm Tribunal Orders Naftohaz Ukrainy Return USD 197 Million To RosUkrEnergo
Apr 6, http://un.ua/eng/article/258033.html
Arbitration institute of the Stockholm Chamber of Commerce, Sweden, passed a preliminary decision to order Naftohaz Ukrainy national joint-stock company return USD 197 million to RosUkrEnergo (Switzerland) in frames of a dispute between the companies concerning realisation of contracts for sale, purchase, transit and storage of gas, Ukrainian News has learned from Naftohaz Ukrainy press service.
RosUkrEnergo claims mainly relate to acquisition by Naftohaz Ukrainy of 11 billion cubic metres of gas in early 2009. On February 2010, Ihor Didenko, then first deputy chairman of Naftohaz Ukrainy board of directors, predicted that the arbitration proceedings with RosUkrEnergo would be over in summer 2010.
Arbitration committee fines ITD Hungary HUF 5m
Apr 6, http://bbjonline.hu/?col=1000&id=52270
The Public Procurement Arbitration Committee (KDB) has imposed a fine of HUF 5 million (€18,872) on ITD Hungary for accepting invalid bids and concluding contracts with applicants submitting such bids, the Public Procurement Board reported on its website over the weekend.
Update on Seawolf Litigation
http://www.sec.gov/Archives/edgar/data/897455/000119907310000261/ex99_1.htm
APEX, as operator under the Sfax joint venture commenced arbitration proceedings against Seawolf Oilfield (Cyprus) Limited and Seawolf Oilfield Services Limited (collectively, "Seawolf") under the rules of the London Court of International Arbitration ("LCIA"). APEX filed a statement of case seeking damages for misrepresentations and breach of a drilling contract in respect of the REB-3 well as well as payment of indemnities under the contract. Seawolf responded to APEX's claims and filed a counterclaim. APEX is in the process of preparing for the LCIA hearing, which is scheduled for the second quarter of 2010. During the third quarter of 2009, APEX was successful in obtaining a default judgment against Seawolf in the state of Texas.
Can Africa Now Attract International Arbitration?
Apr 5, http://www.thisdayonline.com/nview.php?id=170183
ADEPEJU MABADEJE - Africa as a venue for international arbitration is an idea whose time has come, writes ADEPEJU MABADEJE, just back from the IBA African Regional Forum conference in Cape Town
Arbitration as an alternative dispute resolution method has no doubt received international acceptance as a viable alternative to litigation; however, the reluctance of the international community to see and accept Africa as a seat for International arbitration has remained an issue, thus curbing the growth of arbitration in Africa. This is because of increasing delays to resolve arbitration cases and the costs associated with it.
Slovakia withdraws suit against Gazprom for gas-transit crisis losses
Apr 6, http://www.kyivpost.com/news/russia/detail/63235/
Interfax - The Slovak gas company Slovensky Plynarensky Priemysel (SPP) has withdrawn its suit against Russian gas major Gazprom, in which it sought compensation for losses caused by the gas-transit crisis of early 2009, a source familiar with the situation told Interfax.
N.L. expects $8 million in fees linked to AbitibiBowater expropriation
Apr 5, http://www.amherstdaily.com/News/Canada---World/2010-04-05/article-985072/N.L.-expects-$8-million-in-fees-linked-to-AbitibiBowater-expropriation/1
ST. JOHN'S, N.L. - Newfoundland expects professional and legal fees linked to the expropriation of AbitibiBowater's rights and properties in the central part of the province to total more than $8 million for the fiscal year that is just ending. The disclosure came in a line item of the 2010 budget estimates. The province originally expected to spend $373,500 in 2009-10 on professional services related to energy policy in the Department of Natural Resources.
Canadian Mining Company Faces Troubles In Mongolia
Apr 03, http://www.rferl.org/content/Canadian_Mining_Company_Faces_Troubles_In_Mongolia/2001788.html
... According to Lockhart, in July 2009 the "Mongolian government changed the law saying now that Mongolia has to take at least a 51 percent stake in such ventures." Khan responded that it was hoping for a "reasonable accommodation" with Mongolia's government, but threatened to take Mongolia to international arbitration court. Both parties eventually started talks on a compromise.
Libya Open for Investment, Officials
Apri 3, http://www.tripolipost.com/articledetail.asp?c=2&i=4286
... The PIB is to implement and follow up this knowledge and know-how transfer policy. There is to be no monopolies and we need to protect the consumer. We need to create complementary sectors as well as a service sector. The courts and arbitration system will guarantee the investors rights', he concluded. ... The head of the Tax Authority, Mr Bouaishi El-Lafi, stressed that the 'role of taxation is vital in encouraging internal and external investment. We have tried to improve the role and efficiency of the tax department in order to give a better service. Every year the tax revenue has exceeded the anticipated budget since 2003' which is a positive sign the General Manager explained.
The old tax law existed since 1923, but 'did not reflect modern reality. The new tax law has many advantages. The new self assessment system and the cancellation of the ascending tax bands is one of the major advantages. For investors there is the possibility of zero-rated taxation on investment in underdeveloped regions. We are also opening a special office for investor companies for an express service' the head of the Tax authority announced.
Russia Gets Tough On Oil Firms Accused In Price Probe
Apr 2, http://english.capital.gr/news.asp?id=938359
DOW JONES NEWSWIRES - Russia's highest commercial court rejected OAO Lukoil's (LKOH.RS) request to review lower-court rulings that the oil giant abused its market power in pricing refined-oil products, business daily Vedomosti reports Friday.
But the Supreme Arbitration Court on Thursday did decide to submit to its presidium, or judicial review panel, a similar case against TNK-BP (TNBP.RS), the Russia joint venture involving U.K.-based BP PLC (BP).
The court's actions also have implications for two state-controlled oil producers, OAO Rosneft (ROSN.RS) and OAO Gazprom Neft (SIBN.RS), both of which the FAS accuses of price-fixing. The agency says it has the right to seek payment of RUB26.1 billion ($892.2 million) in total fines against the four companies.
Qatar considering to amend investment law
Apr 2, http://www.ptinews.com/news/592601_Qatar-considering-to-amend-investment-law
PTI - Qatar is considering to amend its investment law, which will allow foreign ownership to exceed 49 per cent in certain commercial enterprises , a media report said. "The Minister of Business and Trade may now issue a resolution to allow the foreign ownership limit to exceed 49 per cent in the sectors of business consulting, technical services, information technology, distribution services and cultural, sports and leisure services," a Gulf Times report stated.
Kuwait's Madina to appeal arbitration, shares rise
Apr 4, http://malaysia.news.yahoo.com/rtrs/20100404/tbs-kuwait-arbitration-955c2a1.html
Kuwait's Al Madina for Finance and Investment Co will appeal an arbitration ruling ordering it to pay Global Investment House $10 million related to a share dispute, the firm said on Sunday. Last week, the arbitration center at Kuwait's chamber of commerce ruled in favour of Global, the country's biggest investment bank, over the $10 million debt and ordered Al Madina to pay $300,000 in compensation.
Kuwait's Global wins arbitration
Apr 1, http://arabnews.com/economy/article38037.ece
REUTERS - Global Investment House, Kuwait's biggest investment bank, received two arbitration rulings in its favor on Thursday, sending shares higher after the bourse lifted a trading halt on the stock.
Status of Dubai World arbitrations clarified
Mar 31, http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100331/BUSINESS/703319914/1005
A special tribunal for Dubai World creditors has pledged to respect and enforce arbitration clauses in contracts between the government-owned conglomerate and its trade partners. The announcement resolves an ambiguity about whether arbitration claims made by contractors that are owed money by Dubai World would be invalidated by the tribunal. So far, Dubai World creditors have been reluctant to lodge claims with the tribunal ahead of a final offer to settle claims against Dubai World out of court. Sheikh Mohammed bin Rashid, Vice President of the UAE and Ruler of Dubai, set up the tribunal with Decree 57 last year to hear creditors' claims against the government-owned conglomerate during its bid to restructure US$24.8 billion (Dh91.08bn) of debt.
Marlboro vs. Uruguay
Mar 22, http://ifis.choike.org/informes/1176.html
Philip Morris seems to have launched in recent weeks a global litigation campaign against the governments that innovate in the war on tobacco. In mid-February the company announced the filing of a lawsuit against the Uruguayan government, on March 9 it sued Norway and similar steps are announced against Australia if the "preventive" policy being studied by the Labour government is approved. But, while the local justice will be settling the dispute in Australia and the case in Norway has been brought before the European Free Trade Agreement (EFTA) Court, the Uruguayan government will be forced to defend itself before the International Centre for Settlement of Investment Disputes (ICSID).
Ambassador welcomes Minsk's suit against Russia's export duty
Mar 31, http://naviny.by/rubrics/english/2010/03/31/ic_news_259_328523/
Russian Ambassador Aleksandr Surikov has described as competent Minsk's move to go to court over the customs duty applied by Russia to exports of petrochemical products and "petrochemical raw materials" to Belarus.
New Mediation Statute in Italy
Mar 20, http://www.cour-europe-arbitrage.org/new.php?lang=en&delegation=1&id=18
The Council of Ministers has issued Executive Decree no. 28, March 4, 2010, which deals with with Mediation in Civil and Commercial matters. Such decree, which is the first thourough Statute in this field in Italy, will enter into force on March 20, 2010, implementing the guidlines provided by the Parliament by Statute no. 69 [2009] as to civil proceedings.
This Statute aims to reduce the number of proceedings in Italy, as well as to introduce the EU provisions in the field of mediation. Further regulatory provisions will deal with its implementation.
Chevron Wins Arbitration Claim Against the Government of Ecuador - International Tribunal Awards Chevron Approximately $700 Million
Mar 30, http://www.chevron.com/news/press/release/?id=2010-03-30
SAN RAMON, Calif. - Mar. 30, 2010 - An international arbitration tribunal has ruled in favor of Chevron in a claim against Ecuador related to past oil operations by Chevron's subsidiary, Texaco Petroleum Company. The tribunal, administered by the Permanent Court of Arbitration in The Hague, found that Ecuador's courts violated international law through their delays in ruling on certain commercial disputes between Texaco Petroleum Company and the Ecuadorian government.
Today's ruling is distinct from arbitral claims Chevron and Texaco Petroleum filed against Ecuador in 2009 in connection with the Lago Agrio litigation.
In its decision, the tribunal found that Ecuador had violated the United States-Ecuador Bilateral Investment Treaty by failing to provide effective means of asserting claims and enforcing rights. As a result, the tribunal awarded Chevron and Texaco Petroleum Company approximately US$700 million in principal damages and interest as of December 22, 2006, pending further proceedings to determine applicable taxes, compound interest, and costs.
"This ruling demonstrates that the government of Ecuador is not above the law," said Hewitt Pate, Chevron vice president and general counsel. "We have maintained for some time that Ecuador's courts are failing to administer justice when it comes to Chevron and its affiliates, and an international tribunal has now agreed. We hope this ruling will help move Ecuador towards proper treatment of foreign investors and respect for the rule of law."
The arbitral award partially resolves seven commercial claims that Texaco Petroleum Company, now a Chevron subsidiary, filed in Ecuador between 1991 and 1993. Ecuadorian courts continually delayed and refused to rule on Texaco Petroleum's cases, which has been found to constitute a breach of Ecuador's treaty with the United States.
Chevron and Texaco Petroleum Company filed the arbitration in December 2006 under the Rules of the United Nations Commission on International Trade Law (UNCITRAL). The Permanent Court of Arbitration is an intergovernmental organization with over one hundred member countries established by international convention in 1899 to facilitate arbitration and other forms of dispute resolution. The United States acceded to the Court's founding convention in 1900 and Ecuador acceded in 1907.
The tribunal is not alone in highlighting the Ecuadorian courts' failure to provide justice to foreign investors. In February 2009, the United States Department of State released its Investment Climate Statement for Ecuador, which stated, "Systemic weakness and susceptibility to political or economic pressures in the rule of law constitute the most important problem faced by U.S. companies investing in or trading with Ecuador." The report went on to state, "corruption is a serious problem in Ecuador," and that, "the courts are often susceptible to outside pressure and bribes."
Ecuador is defending the second largest arbitration docket in the world with more than 11 claims seeking more than US$6.5 billion in damages. Ecuador has withdrawn from the World Bank's arbitration program, making it the second country ever to do so, and has indicated its intention to cancel scores of bilateral investment treaties that provide for international arbitration of investment disputes. The country has also fallen out of favor with international financial markets since defaulting on more than $3 billion of foreign debt after a government-appointed panel declared the debt to be "illegitimate."
Ecuador says rejects Chevron arbitration decision
Mar 31, http://uk.reuters.com/article/idUKN3014586020100331
Reuters - Ecuador has rejected a decision by an arbitration panel in favor of Chevron Corp, the country's Solicitor General Diego Garcia said in a statement on Tuesday.
Desarrollos Naturales de Costa Rica SA Sues CABEI for $120 Million in Damages
Mar 29, http://www.cnbc.com/id/36086333
BUSINESS WIRE - Desarrollos Naturales de Costa Rica SA (Desarrollos), the Developer and Administrator of the largest luxury flagged condo hotel project under construction in Jaco Beach, Costa Rica, has sued its lenders: the Central American Bank for Economic Integration (CABEI) (in Spanish known as Banco Centroamericano de Integracion Economica (BCIE)), its lending Partner and the Trustee Banco Improsa S.A. for $120 Million in damages.
Kenya: Govt Requires Sh10 Billionn to Settle Legal Claims
Mar 29, http://allafrica.com/stories/201003291332.html
Nairobi — The Government requires more than Sh10 billion to settle legal suits and claims lodged against it. Solicitor General Wanjuki Muchemi said on Monday the Government plans to appeal on some of the court judgments against it, which if left unchallenged, would cost the taxpayer billions of shillings.
...
Mr Muchemi cited last week's ruling in which the Government was ordered to pay a lawyer, Dr Ken Kiplagat, Sh600 million as legal fees for a case he handled in the Hague in 2006. Kenya had been sued by the World Duty Free company at the International Centre for Settlement of Investment Disputes.
Falklands oil disappointment for UK company
Mar 29, http://edition.cnn.com/2010/WORLD/americas/03/29/falklands.oil.rig/
The value of shares in a British company drilling for oil off the Falkand islands halved Monday, after it revealed the existing supply may not be commercially viable. In a statement on its Web site, Desire Petroleum said "oil may be present in thin intervals but that reservoir quality is poor."
IBA Rules: Indisputable progress
Mar 29, http://www.thelawyer.com/indisputable-progress/1003950.article
Arbitration has long been central to commerce, but its processes have never been a good fit for the business world. Now, proposed changes to the IBA Rules look set to bring it into line. By Lord Goldsmith QC and Sophie Lamb
High Increase in Arbitration Cases for Swiss Arbitration in 2009
Mar 20, https://www.sccam.org/sa/download/newsletter_2010_1.pdf
In 2009 a total of 104 new arbitration cases were submitted to Swiss Chambers' Court of Arbitration and Mediation, an increase of more than fifty percent compared to 2008. 48 % of the parties were from Western Europe, 24 % from Switzerland, 6 % from Eastern Europe and Russia, 12 % from Asia/Middle East and 5 % from Northern America. 43 % of the new arbitrations were heard by a panel of three arbitrators, 53 % by a sole arbitrator. See also the detailed statistics available at https://www.sccam.org/sa/download/statistics_2009.pdf
Australian Centre for International Commercial Arbitration (ACICA) Rules selected as the model guide for the Willem C Vis International Commercial Arbitration Moot
Mar 28, http://www.prnewswire.com/news-releases/australian-rules-first-in-global-arbitration-competition-89355362.html
In a global first, the Australian Centre for International Commercial Arbitration (ACICA) Rules has been selected as the model guide governing the world's biggest international commercial arbitration competition.
The prestigious annual Willem C Vis International Commercial Arbitration Moot (Vienna) encourages the resolution of business disputes by arbitration. The global financial crisis has seen an increase of commercial disputes but because investors want to avoid the uncertainty of litigation in a foreign court system, arbitration has become the preferred dispute resolution mechanism.
ACICA President Professor Doug Jones AM says: "The nomination of the ACICA Arbitration Rules signals acceptance from the global arbitration community that Australia meets world's best practice. The rules provide an advanced, efficient and flexible framework for the conduct of international arbitrations."
Offshore R&D spending dispute continues print this article - Energy Oil companies, Ottawa file arguments with international tribunal
Mar 27, http://www.thetelegram.com/index.cfm?sid=334290&sc=82
A $65-million NAFTA dispute between the federal government and a pair of oil companies is slowly wending its way through international arbitration. At stake is tens of millions of dollars for research and development (R&D) activities in the province's offshore oil industry. ExxonMobil's Canadian holding company and Murphy Oil Corp. say rules introduced in 2004 violate the North American Free Trade Agreement - requiring R&D expenditures "several times greater" than they would otherwise make in the Hibernia and Terra Nova oilfields.
Ottawa says the companies' claims are exaggerated, unfounded and without merit. It argues the companies should be required to pay the costs incurred by the federal government in the arbitration process. The matter is before the International Centre for the Settlement of Investment Disputes (ICSID), which has appointed a three-member arbitration tribunal.
The companies filed their claim with ICSID Aug. 3, 2009. Ottawa filed its defence by the Dec. 1, 2009 deadline. The documents were made public earlier this month, once confidential sections in both filings were redacted, or blacked out. The dispute stems from rules introduced six years ago by the board that regulates the industry, the Canada-Newfoundland and Labrador Offshore Petroleum Board (CNLOPB).
Egypt to rule in Mobinil case on April 10
Mar 28, http://business.maktoob.com/20090000452610/Egypt_to_rule_in_Mobinil_case_on_April_10/Article.htm
DUBAI - An Egyptian court has set April 10 for its final ruling on Orascom Telecom's appeal to overturn approval of a France Telecom (FTE) offer for the outstanding shares of Egyptian Co for Mobile Services, or ECMS. ... In March 2009, the Arbitration Court of the International Chamber of Commerce backed France Telecom's right to acquire the 28.75% interest in ECMS held by Orascom Telecom at a price of EGP273 per share.
Deutsche Bank claim in international arbitration in July
Mar 28, http://www.sundaytimes.lk/100328/BusinessTimes/bt18.html
Sri Lanka - When the controversial oil hedging cases filed by public interest activist, Nihal Sri Ameresekere, came up before the Supreme Court on Monday, Attorney General, Mohan Peiris PC, moved for a short date, submitting to court that he needs time to examine voluminous documents he had received from the parties.
Faiz Musthapha PC, appearing for Deutsche Bank submitted to court, that his client's arbitration before the International Centre for Settlement of Investment Disputes (ICSID) is being heard from July 26 to 30, 2010, and moved that the Supreme Court cases be fixed for a date thereafter. But with the Attorney General and Mr Ameresekere opposing, the cases were re-fixed for support, after the court vacation, on May 11.
MAG Silver
Mar 25, http://www.magsilver.com/s/NewsReleases.asp?ReportID=391333
... As a result of Fresnillo's intended hostile bid announced in late 2008, MAG was exposed to substantial professional and administrative costs in 2009, particularly for take-over defense and the protracted proceedings in front of the OSC. The Company has also experienced substantial and ongoing costs related to the initiation of arbitration proceedings with the International Chamber of Commerce in Paris as prescribed by the terms of the Minera Juanicipio Shareholders Agreement. The Company is seeking a ruling as to whether or not Fresnillo may acquire control of the Company on a hostile basis in breach of the standstill provisions contained in the Shareholders Agreement governing Minera Juanicipio and is also seeking relief in relation to other alleged violations by Fresnillo as operator under the Shareholders Agreement. The arbitration proceeding with Fresnillo is ongoing and there will be associated legal and administrative costs going forward.
India-Bangladesh dispute is moot after island sinks
Mar 24, http://seattletimes.nwsource.com/html/nationworld/2011432281_island25.html
Climate change appears to have resolved a dispute that gunboats never could: An island midway between India and Bangladesh that became a flash point for military threats in the 1980s is submerged under the rising seas. The Bay of Bengal island, which India called New Moore Island and Bangladesh referred to as South Talpatti, has ceased to exist, the Jadavpur University's School of Oceanographic Studies said this week.
Slovenia may get two benefits from one sanction move
Mar 24, http://english.people.com.cn/90001/90777/90853/6928483.html
As its key court has sanctioned an international border arbitration accord, Slovenia may have prepared itself for shooting two birds with this one stone. The Slovene Constitutional Court on Tuesday sanctioned the international arbitration accord concerning its borders with Croatia, paving the way for the parliamentary ratification that is needed for the accord to take effect.
Yildiz: No concerns regarding Libananco case
Mar 26, http://www.todayszaman.com/tz-web/news-205464-105-yildiz-no-concerns-regarding-libananco-case.html
The Turkish government was confident about the Libananco case on the third and final day of deliberations, as Energy and Natural Resources Minister Taner Yildiz stated that Turkey had prepared for the case extensively.
Second day of Libananco case ends quietly, last day of testimony today
Mar 25, http://www.todayszaman.com/tz-web/news-205361-105-second-day-of-libananco-case-ends-quietly-last-day-of-testimony-today.html
... Yesterday's hearing in Paris started with testimony by Hakan Uzan ... Representatives from the Ministry of Energy were also at the hearing to testify against the arbitration claim, whose principle is $10.1 billion but amounts to $21.5 billion with interest. The tribunal will decide tomorrow whether to hear the case based "on merit." The first day of deliberations on Tuesday ended after 10 hours of talks with both parties. Neither party answered questions from journalists.
International Arbitration Body Starts to Hear Libananco Case in Paris
Mar 23, http://www.turkishweekly.net/news/100217/international-arbitration-body-starts-to-hear-libananco-case-in-paris.html
PARIS - The 10 billion USD arbitration case filed by Libananco Holdings Co. Ltd. against the Republic of Turkey started in the French capital of Paris on Tuesday. Libananco claims that it suffered loss in its shares in CEAS and KEPEZ electricity companies which were seized by the Turkish government in 2003.
Rivals agree to recapitalise Kenya-Uganda railway
Mar 23, http://www.iii.co.uk/shares/?type=news&articleid=7806557&action=article
Reuters - Feuding shareholders of a company running the Kenya-Uganda railway agreed a $250 million recapitalisation of the dilapidated narrow-gauge line linking both nations, they said on Tuesday. ... Under the deal that was announced after arbitration in London, and which is expected to be finalised by mid next month, Ambience Ventures Ltd, a subsidiary of Citadel, will take a 51 percent shareholding in RVR, while Trans-Century will own 34 percent. The rest will be taken by a Ugandan investor.
Dolphin Drilling Ltd vs Oil And Natural Gas Corporation, 17 February, 2010
http://indiankanoon.org/doc/437381/
This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator for and on behalf of the respondent and to refer the dispute(s) between the parties for arbitration. The applicant and the respondent entered into an agreement dated October 17, 2003 for "Charter Hire of Deepwater Drilling Rig DP-Drill Ship `Belford Dolphin' along with Services on Integrated Basis". In terms of the agreement, the applicant was to carry out drilling operations for the respondent in the offshore waters of India as allocated by the respondent. Clause 28 of the agreement contained the arbitration clause. According to the applicant, though the period of the agreement came to an end on February 13, 2007, on being called upon by the respondent, it continued to provide further services till April 10, 2007 for which it was entitled to be paid additionally on comparable rates under the agreement.
Yukos haunts Rosneft - A spectre of litigation
Mar 25, http://www.economist.com/business-finance/displaystory.cfm?story_id=15772900
Adverse court rulings are exhuming Russia's most infamous expropriation.
EVENTS
Dubai International Arbitration Centre's first overseas dialogue a big success
Mar 28, http://www.ameinfo.com/227991.html
Dubai arbitrators came face to face with over 75 participants at their first overseas open dialogue organised by the Dubai International Arbitration Centre (DIAC), a Dubai Chamber of Commerce & Industry initiative, at the Hyatt Regency London's The Churchill Hotel recently.
Pulp Mills on the River Uruguay (Argentina v. Uruguay)
Mar 26, http://www.icj-cij.org/docket/files/135/15867.pdf
Pulp Mills on the River Uruguay (Argentina v. Uruguay) Court to deliver its Judgment on Tuesday 20 April 2010 at 3 p.m. A public sitting will take place at 3 p.m. at the Peace Palace in The Hague, during which the Vice-President of the Court, acting as President in the case, Judge Peter Tomka, will read the Court's Judgment.
Russia's Expanding Engagement With International Law in Trade, Human Rights, and Energy Investments
Friday, April 23, 2010. 2:00pm - 7:00pm
Presidents Room, Faculty House, Columbia University
http://www.harrimaninstitute.org/events/monthly_calendar.html
Conference - Video Webcast - Continuing Legal Education Program
The relationship between Russia's international law conduct, its transition to democracy, and its foreign policy will be examined in three areas: (1) Russia's membership in WIPO and pursuit of membership in WTO; (2) Russia's participation in the European Court of Human Rights; and (3) Russia's position on the jurisdiction of dispute resolution bodies under the Energy Charter and other investment protection treaties.
A video webcast of the program will be available for $25 until approximately October 23, 2010. Up to 3.5 CLE credits are available for attendance at the live program. There is no CLE credit for the webcast. Video webcast available live and until Oct. 23, 2010.
Full information on the program, registration, the webcast, and CLE is available in PDF at http://www.harrimaninstitute.org/MEDIA/01707.pdf and on the Harriman Institute's calendar at http://www.harrimaninstitute.org/events/monthly_calendar.html.
Foreign Investment Law in Azerbaijan, Kazakhstan and Russia: Balance of Interests in Transition Countries
9 Apr 2010 - 11 Apr 2010 Kiel. http://webcl3top.rz.uni-kiel.de/investmentlaw/en/index.php
International conference within the framework of the project supported by Volkswagen Foundation (Germany). Topics include: Investment treaties; Fair and equitable treatment and national law; National foreign investment law of the project countries; Foreign investment law and corrupt practices; The state and state corporations in foreign investment law; Foreign investment in the subsoils sector; Foreign investment in the energy sector.
Dispute Resolution in the International Oil & Gas Business. 19-21 April 2010
Houston, Texas, USA, http://www.aipn.org/conferences/conferences_details.asp?id=395
AIPN and ICDR jointly present a panel of international corporate counsel and arbitration experts in an essential conference covering all aspects of global energy disputes. Days 1 and 2 will cover Dispute Resolution in the International Oil & Gas Business. Day 3 will cover Boundary Disputes in the Energy Sector.
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.
8th Colloquium hosted by Young Arbitration Practitioners: Arbitration in Changing Times
May 26, 2010 – Sofitel Rio, Rio de Janeiro. Brazil. https://iccario2010.websiteseguro.com/yap-registration/form/
On Wednesday, May 26, 2010, the eighth Colloquium organized by the Young Arbitration Practitioners ("YAP") and hosted by the Comitê Brasileiro de Arbitragem (Brazilian Arbitration Committee, "CBAr") will be held at the Sofitel Rio in Rio de Janeiro, on the topic of Arbitration in Changing Times.
Speakers include: V.V. Veeder (Essex Court Chambers, London); Katherine González Arrocha (Director for Latin America ICC Dispute Resolution Services); Jennifer Kirby (Herbert Smith LLP, Paris); Adriana Braghetta (L O Baptista Advogados, São Paulo); Guillermo Aguilar-Alvarez (Weil, Gotshal, & Mange LLP); Valeria Galindez (Barretto Ferreira Kujawski Brancher e Gonçalves (BKBG), São Paulo); Patrick Pearsall (Office of the Legal Adviser, International Claims & Investment Disputes, US State Department); Thomas Clay (Professor of Law, Dean of Versailles University. See the conference program for more information here.
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, Tai-Heng Cheng, Loukas Mistelis, Toni Hennike, Stephen E. Smith, Roland Schroeder, Mike McIllwrath, Siegfried H. Elsing.
See the website for the full program and registration details here law.fordham.edu/arbitration.
Summary Proceedings in International Arbitration
June 18 2010, Rome, Italy. http://seminaires.uianet.org/en/summary-proceedings-in-international-arbitration/home152/
The separation of the state courts' and of the arbitrators' respective spheres of competence, which is uncontroversial with respect to the merits of a dispute, is much more problematic in relation to summary proceedings, i.e. proceedings aimed at obtaining a rapid decision on one or more aspects of dispute. Whether, and towhat extent, arbitral tribunals and state courts have jurisdiction to hear applications for summary judgments in the presence of an arbitration agreement on merits of the dispute, is one of the major problems of international arbitration, and the solutions adopted differ significantly from one jurisdiction to another. The focus of the seminar will be on the various procedural tools available to parties who seek summary relief in international arbitration and on the distinction between the respective jurisdictions of state courts and arbitral tribunals with respect to each of these procedural tools. Seminar jointly organised by the UIA Arbitration Commission and ArbIt, the Italian Forum for International Arbitration and ADR.
ICSID 101: An Introduction to ICSID Process, June 21, 2010
http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement50
The ICSID Secretariat will be offering a one-day primer on practice and procedure in ICSID Convention arbitration. Our expert counsel will take the participants through the workings of the ICSID system and assist them in understanding the process involved at each stage of an arbitration. The course is aimed at anyone interested, but with little or no exposure to investor-state arbitration. Register before Monday, May 31, 2010
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.
IV Düsseldorf International Arbitration School
September 20-24 2010. Düsseldorf, Germany. http://www.duslaw.eu/en/veranstaltungen/intensiv/arbitration_en
The last decades of the twentieth century have seen a phenomenal boom in international arbitration, with all the hazards and vagaries that come with sudden success. Anyone dealing with business transactions crossing borders now needs to be familiar with the special features of international commercial and investment arbitration. The five-day Düsseldorf International Arbitration School aims at providing young practitioners, post graduates and advanced students - especially Moot Court participants - with the requisite specific knowledge. The School is based on a highly practical, inter-active teaching concept.
Participants get the rare opportunity to improve their skills and knowledge in both the law and practice of international commercial arbitration. The teaching faculty consists of some of Europe's leading arbitration practitioners. The participants may accompany these practitioners on an exciting quest: the search for efficient and fair dispute resolution in a world where there is no "non-national commercial court of compulsory jurisdiction" - a world where the two major legal systems come together and merge. Each day will have a different theme, with a special focus on EU law and arbitration on the last day (conference day).
Participation is limited. Early application is highly recommendable. The fee is EUR 600 for practitioners, EUR 300 for full-time academics, EUR 250 for students/legal trainees and EUR 300 for Moot Court teams (team fee for up to four team members, additional fee of EUR 50 per person for further team members). Scholarships are only awarded on a rare basis and in exceptional cases.
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
New Secretary General of the SCC: Annette Magnusson
http://www.chamber.se/?id=23696&newsid=33355
On 1 April 2010, Annette Magnusson succeeded Ulf Franke at the helm of SCC. - It is tremendously inspiring to take over the role as Secretary General after Ulf Franke, she says in a comment. SCC is currently experiencing a strong growth and I look forward to working with our partners and users worldwide and take our services to the next level.
BOOKS
The Backlash Against Investment Arbitration: Perceptions and Reality
by Michael Waibel, Asha Kaushal, Kyo-Hwa Liz Chunng, Claire Balchin (Editors)
Hardcover: 672 pages
Publisher: Kluwer Law International
Language English
ISBN-13: 978-9041132024
The concerns fuelling the backlash, and addressed in this book, include: - shrinking of domestic policy space - competitive pressures to sign investment treaties as a reason why increased investment flows may prove elusive - inflexibility of treaty obligations and lack of coordinated responses to changing circumstances, especially in financial crises - renegotiation and termination of bilateral investment treaties - lack of democratic accountability and pro-investor bias - pervasive secrecy and confidentiality of arbitral proceedings - conflicts of interest and the continuing quest for effective rules governing the conduct of arbitrator and counsel - reassessment of the traditionally perceived advantages of arbitration, such as speed, low cost, and neutrality - the extent of protection afforded to shareholders in connection with denial of benefits clauses - third parties as representatives of the public interest or advocates for organized private interests - relationship between EU law and BITs - restrictions on international arbitration in constitutional law - investment tainted by corruption; o transfer of funds clauses and exchange controls - and the practice of forum shopping Premised on the belief that an investment arbitration regime which is in listening mode and ready to adapt may draw tremendous strength from constructive criticism, the questions considered by the contributors, and relating to the sustainability and future direction of investment arbitration, demand serious attention from all stakeholders. The reforms and refinements suggested promise to bring substantial improvements to the present regime and, in so doing, could reverse the current trend towards a backlash.
ICSID
New: FTR Holding S.A. (Switzerland), Philip Morris Products S.A. (Switzerland) and Abal Hermanos S.A. (Uruguay) v. Oriental Republic of Uruguay (ICSID Case No. ARB/10/7)
Tobacco industry. Registered March 26, 2010. Tribunal not yet constituted
Millicom International Operations B.V. and Sentel GSM S.A. v. Republic of Senegal (ICSID Case No. ARB/08/20)
Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction in Paris on April 1, 2010)
Alpha Projektholding GmbH v. Ukraine (ICSID Case No. ARB/07/16)
Decision on Proposal for Disqualification of an Arbitrator (March 19, 2010) English
Malicorp Limited v. Arab Republic of Egypt (ICSID Case No. ARB/08/18)
Status of Proceeding: Pending (the Tribunal holds a pre-hearing conference with the parties on March 29, 2010)
Participaciones Inversiones Portuarias SARL v. Gabonese Republic (ICSID Case No. ARB/08/17)
Status of Proceeding: Pending (the Claimant files observations on the Respondent’s request for production of documents on April 5, 2010)
Itera International Energy LLC and Itera Group NV v. Georgia (ICSID Case No. ARB/09/22)
Status of Proceeding: Pending (pursuant to the parties’ agreement, the proceedingis suspended on March 24, 2010)
Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/09/2)
Status of Proceeding: Pending (the Respondent files a counter-memorial on the merits on April 1, 2010)
Holcim Limited, Holderfin B.V. and Caricement B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/09/3)
Status of Proceeding: Pending (the Claimants file a memorial on jurisdiction and the merits on March 31, 2010)
ConocoPhillips Company and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30)
Status of Proceeding: Pending (the Claimants file a response to the Respondent’s observations of March 26, 2010 on March 31, 2010)
Piero Foresti, Laura de Carli and others v. Republic of South Africa (ICSID Case No. ARB(AF)/07/1)
Status of Proceeding: Pending (the parties file statements of costs on March 31, 2010)
The Rompetrol Group N.V. v. Romania (ICSID Case No. ARB/06/3)
Status of Proceeding: Pending (the Respondent files a rejoinder on the merits on April 1, 2010)
H&H Enterprises Investments, Inc. v. Arab Republic of Egypt (ICSID Case No. ARB/09/15)
Status of Proceeding: Pending (the Respondent files a response to the Claimants' observations of March 15, 2010, on March 26, 2010)
Holcim Limited, Holderfin B.V. and Caricement B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/09/3)
Status of Proceeding: Pending (the Tribunal holds a first session in Paris on February 26, 2010)
Participaciones Inversiones Portuarias SARL v. Gabonese Republic (ICSID Case No. ARB/08/17)
Status of Proceeding: Pending (the Claimant files observations on the Respondent’s preliminary objections and on the request to join the objections to jurisdiction to the merits on March 26, 2010)
ConocoPhillips Company and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30)
Status of Proceeding: Pending (the Respondent files observations on the Claimants’ request for production of documents on March 26, 2010)
RSM Production Corporation v. Grenada (ICSID Case No. ARB/05/14)
Status of Proceeding: Pending (the proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) on March 29, 2010)
Alpha Projektholding GmbH v. Ukraine (ICSID Case No. ARB/07/16)
Status of Proceeding: Pending (the proposal for disqualification of an arbitrator is declined; the proceeding is resumed on March 19, 2010)
Nations Energy, Inc. and others v. Republic of Panama (ICSID Case No. ARB/06/19)
Status of Proceeding: Pending (the Tribunal decides on the request for production of documents on March 23, 2010)
Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada (ICSID Case No. ARB(AF)/07/4)
Status of Proceeding: Pending (the Tribunal decides on the request for production of documents on March 27, 2010)
Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/05/16)
Decision of the ad hoc Committee on the Application for Annulment issued on March 25, 2010
Corn Products International, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/1)
Decision on the correction and interpretation of the award rendered on March 23, 2010.
Giordano Alpi and others v. Argentine Republic (ICSID Case No. ARB/08/9)
Status of Proceeding: Pending (the Respondent files a reply on jurisdiction andadmissibility on March 12, 2010)