Transnational Dispute Management - TDM News Digest - The Network for International Arbitration, Mediation and ADR, International Investment Law and Transnational Dispute Management

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issue #07, week 17. 27 April 2010
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

NEWS

ICSID: Olyana Holdings LLC v. Republic of Rwanda (ICSID Case No. ARB/10/10)

Tea company. Registered April 16, 2010. Tribunal not yet constituted.

• "Rwanda: Olyana Holdings to Acquire Gisovu Tea Factory"
  Dec 20 2008, http://allafrica.com/stories/200812220180.html
• "Rwanda: Olyana Acquires Gisovu Tea Company"
  Aug 29 2009, http://allafrica.com/stories/200908260084.html
• "Rwanda: Gov't Cancels Olyana's Purchase Deal for Gisovu Tea Factory"
  Sep 29 2009, http://allafrica.com/stories/200909290053.html

Venezuela May Nationalize Gold Mining Concessions, Chavez Says

Apr 26, http://www.businessweek.com/news/2010-04-26/venezuela-may-nationalize-gold-mining-concessions-chavez-says.html

Bloomberg - Venezuelan President Hugo Chavez threatened to nationalize gold mining concessions, adding them to the oil, utility and metal assets he's taken control of in the South American country. The government may end the grants because of "capitalist mafias" comprising national and multinational companies that destroy the environment and exploit workers, the president said on state television yesterday.

Bangladesh: Niko Files Arbitration Suit with ICSID

Apri 26, http://www.energybangla.com/index.php?mod=article&cat=GasSector&article=2443

The Canadian Niko Resources has lodged an arbitration suit with the International Centre for Settlement of Investment Disputes for realising the outstanding gas bills for Feni gas field and settlement of the government's case over compensation issues for Tengratila gas field blow-outs. Niko's lawyer for the suit Azamalul Haque QC and ICSID headquarters in Washington in separate letters informed the energy and mineral resources division last week that the company had lodged the suit, division officials said. 'We will now ask Petrobangla to take necessary steps about the arbitration suit,' said an official.

Britisch MoD to payback £390m to Tehran

Apr 24, http://www.aljazeera.com/news/articles/34/MoD-to-payback-390m-to-Tehran.html

In a recent decision at the International Chamber of Commerce in The Hague, Britain is slated to pay back Tehran £390m for an arms deal made during the Shah's era. From 1971 to 1976, the Shah of Iran struck an arms deal with Britain for 1,500 state-of-the-art Chieftain battle tanks and 250 Armoured Recovery Vehicles (ARV), at the time costing £650 million. With the overthrow of the Shah's regime by the 1979 Iranian Islamic Revolution, just 185 tanks had been delivered to Tehran. Some 279 remaining tanks were sold to Jordan and 29 surplus ARVs to Iraq, just before it began its 8-year war with Iran. This 1980 deal, however, has contradicted Britain's stated position of neutrality in the Iran-Iraq war.

BG, Eni Venture Said to Face $2.5 Billion of Kazakh Claims

Apr 23, http://www.businessweek.com/news/2010-04-23/bg-eni-venture-said-to-face-2-5-billion-of-kazakh-claims.html

Bloomberg - The Kazakh government is demanding at least $2.5 billion from an oil venture led by BG Group Plc and Eni SpA after talks stalled on the state's entry into the project, said two people with knowledge of the matter. The Central Asian state slapped the venture, Karachaganak Petroleum Operating BV, with tax and environmental claims last year, and sued for "illegal earnings" this year, after the producer demanded $1.4 billion in tax rebates, said the people, who declined to be identified before a settlement.

Murphy Oil Corporation Announces Termination of Production Sharing Contracts for Blocks L and M in Malaysia

Apr 21, http://www.murphyoilcorp.com/ir/modal.aspx?ID=836

EL DORADO, Arkansas, April 21, 2010 - Murphy Oil Corporation announced that it has been informed by PETRONAS that following the execution of the Exchange of Letters between Malaysia and the Sultanate of Brunei on March 16, 2009, the offshore exploration areas designated as Block L and Block M are no longer a part of Malaysia. As a consequence, the production sharing contracts covering Blocks L and M, awarded in 2003 to PETRONAS Carigali Sdn Bhd and Murphy, were formally terminated by letter dated April 7, 2010. Murphy's potential participation in replacement production sharing contracts covering these areas is under discussion.

India: Law schools renew thrust on arbitration

Apr 21, http://www.livemint.com/2010/04/21225311/Law-schools-renew-thrust-on-ar.html

In a country with some 30 million pending cases, a few leading law schools are setting up training programmes in arbitration and mediation that would help speed up dispute resolution by bypassing burdened courts.

Judgement: Pulp Mills on the River Uruguay (Argentina v Uruguay)

Apr 20, http://www.icj-cij.org/docket/files/135/15877.pdf

The Court finds that Uruguay has breached its procedural obligations to co-operate with Argentina and the Administrative Commission of the River Uruguay (CARU) during the development of plans for the CMB (ENCE) and Orion (Botnia) pulp mills - The Court declares that Uruguay has not breached its substantive obligations for the protection of the environment provided for by the Statute of the River Uruguay by authorizing the construction and commissioning of the Orion (Botnia) mill.

The reading was filmed by the Court's permanent network of cameras in the Great Hall of Justice at the Peace Palace. Those wishing to access the recorded webcast of the reading (because of website congestion, time differences, etc.) are invited to click on the temporary "Video On Demand" (VOD) link featured on the Court's website. This link will be deactivated three months after the reading, at midnight on 20 July 2010.

Arbitration Panel Issues Ruling in Dispute Between BRCP HEF Hotel Tenant LLC and Four Seasons Hotels Limited Regarding Four Seasons Resort Aviara.

Apr 20, http://press.fourseasons.com/news-releases/arbitration-panel-issues-ruling-in-dispute-between-brcp-hef-hotel-tenant-llc-and-four-seasons-hotels-limited-regarding-four-seasons-resort-aviara/

On May 8, 2009, BRCP HEF Hotel Tenant LLC, the owner of the Four Seasons Resort Aviara in Carlsbad, California, issued a press release that it was replacing Four Seasons Hotels Limited as the operator of the Aviara Resort because of alleged financial mismanagement and breach of fiduciary duties. Four Seasons disputed these claims and, pending the outcome of arbitration with BRCP has remained as the operator of the Aviara Resort. In accordance with the Hotel Management Agreement that governs the parties' relationship, the parties submitted their dispute to a duly constituted arbitration panel.

The arbitration panel found that Four Seasons did not breach the Management Agreement or its fiduciary duties to BRCP. The Panel determined, however, that both parties contributed to the demise of the business relationship between the parties and that the Hotel Management Agreement should be terminated and a transition implemented in accordance with a transition plan between the parties. As an express condition of the termination ordered by that majority of the panel, BRCP has paid to Four Seasons the compensation ordered by the panel majority for the termination of the Hotel Management Agreement. The arbitral decision and award is otherwise confidential and non-public and BRCP and Four Seasons therefore will not comment further.

The Weir Group announces settlement of legal dispute and CIETAC Arbitral Award with Chinese pump manufacturers

Apr 20, http://www.weirminerals.com/news/weir_mineral_news/2010/weir-kingda_legal_settlement.aspx

The Weir Group PLC ("Weir") announces the settlement of a long-running legal dispute against two Chinese manufacturing companies - Shijiazhuang Pump Industry Group Co., Ltd. ("SPGC") and Shijiazhuang Kingda Pump Industry Group Co., Ltd. ("Kingda"). The settlement has immediate effect. Additionally, Weir has received a formal Arbitral Award on the matter against the two manufacturers which issued from the China International Economic and Trade Arbitration Commission ("CIETAC"), a Chinese arbitration tribunal of international standing, on 29 March 2010. At one time, SPGC was a manufacturing licensee of Weir for Warman® brand centrifugal slurry pumps and parts, but this relationship ended in 2004. The settlement and CIETAC Arbitral Award commits SPGC and Kingda to ensure that any equivalent or comparable products which they may manufacture today are not marketed, sold, used or distributed outside of China. Furthermore SPGC and Kingda are not allowed to permit or encourage third parties to use or distribute those products outside of China. Further, the announcements stipulate that SPGC and Kingda shall immediately terminate any purchase and sales agreements, withdraw bids for any projects, and cease the supply of Weir Licensed Products with parties outside of China. Alan Mitchelson, Legal and Commercial Director of The Weir Group commented: "The Weir Group is pleased that the settlement agreement and arbitral award will be able to give clarity to customers about the legality of purchasing pumps and pump parts which are manufactured in China by SPGC and Kingda."

Swiss bank asks DIFC Court to reject claim for investment loss

Apr 19, http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100419/BUSINESS/704199864/1005/rss

A subsidiary of Switzerland's Bank Sarasin yesterday asked a Dubai court to strike down a US$225 million (Dh826.4m) claim that it misrepresented investments to three members of a prominent Kuwaiti family. The request came during the first hearing of a case lodged in the Dubai International Financial Centre (DIFC) Courts late last year.

'Judges Should be Conversant with Commercial Laws'

Apr 17, http://news.outlookindia.com/item.aspx?679608

Senior Supreme Court Judge S H Kapadia, who has been recommended to be the next Chief Justice of India, today asked the judges to brace themselves with the commercial laws and economic jargons to prevent companies from going abroad to seek alternative dispute resolution. He said if the judicial officers and lawyers are not conversant with the nitty-gritty of commercial laws there is all likelihood of losing work of arbitration and construction of commercial contracts to other countries. "Yesterday, I have reliably learnt that arbitration work and construction of contract is going back from India to abroad. We are likely to lose our investment if we are not aware of these concepts," Justice Kapadia said at the second annual L M Singhvi lecture on the topic 'The developing framework of modern litigation'.

France Telecom, Orascom end Mobinil legal dispute

Apr 16, http://gulfnews.com/business/telecoms/france-telecom-orascom-end-mobinil-legal-dispute-1.612974

France Telecom and Orascom Telecom Holding agreed to end a two-and-half-year-old legal dispute about their ownership of the Egyptian Company for Mobile Services, or Mobinil.

Egyptian Court Blocks France Telecom Bid for Mobinil

Apr 11, http://www.cellular-news.com/story/42792.php

The Egyptian Administrative Court has blocked a tender offer by France Telecom for shares in Egypt's Mobinil, citing principles of transparency and equal opportunity. At the heart of the matter is a long running dispute between France Telecom and Orascom Telecom Holding over control of the Egyptian mobile network operator.

Cryptologic: Notification of Arbitration Proceedings

Apr 16, http://phx.corporate-ir.net/phoenix.zhtml?c=76239&p=irol-newsArticle&ID=1414067&highlight=

CryptoLogic Limited, a global developer of branded online betting games and Internet casino software, announces that arbitration proceedings have been formally commenced by WagerLogic Ltd. (a wholly owned subsidiary of CryptoLogic Limited) against Marvel Enterprises Inc. and Marvel Enterprises B.V. (collectively "Marvel"), under the JAMS Comprehensive Rules in New York City, USA. These proceedings concern WagerLogic Ltd.'s claims that Marvel has committed material breaches of certain provisions of its agreement with WagerLogic Ltd. relating to the licensing of Marvel comic book characters to WagerLogic Ltd. While CryptoLogic had sought to resolve the issue without resorting to arbitration, the Company has been left with no alternative to taking this step to protect its licensing rights and commercial interests.

Ecuador Demands Oil Revenue - Venezuela Ally Threatens to Expropriate Companies' Holdings if They Don't Agree

Apr 19, http://online.wsj.com/article/SB10001424052748703594404575192452171813976.html

QUITO—Ecuador, following in the footsteps of its ally Venezuela, has threatened to expropriate the holdings of foreign oil companies unless they agree to hand over more oil revenue to the cash-strapped government. President Rafael Correa said Saturday that his government will submit legislation to congress to facilitate the expropriation of private oil operations if companies refuse to sign new services-based contracts.

Ecuador's Correa Says Legislation for Oil Expropriations Coming

Apr 18, http://online.wsj.com/article/SB10001424052748704246804575191013937369720.html?mod=rss_markets_main

QUITO — Ecuadorean President Rafael Correa said Saturday his government will submit legislation to facilitate the expropriation of private oil operations if companies refuse to sign on to new services-based contracts.

Ecuador threatens to take over foreign oil firms

Apr 17, http://www.reuters.com/article/idUSTRE63G23J20100417

Reuters - Ecuador will move to take over the operations of foreign oil companies in the country unless they sign new contracts agreeing to increased state control over the sector, President Rafael Correa said on Saturday.

Farimex Calls Off Telenor Lawsuit

Apr 19, http://www.themoscowtimes.com/business/article/farimex-calls-off-telenor-lawsuit/404161.html

A mysterious and minor shareholder in VimpelCom on Friday withdrew its lawsuit against Telenor, removing the final obstacle for the Norwegian telecoms firm and Alfa Group to merge their stakes in Russia's second-largest mobile operator and Ukraine's Kyivstar. A federal arbitration court in Tyumen dismissed a decision from a lower court in Omsk, which had ruled in favor of Farimex Products on fining Telenor $1.7 billion.

Kumba Files Claim On ArcelorMittal To Begin Arbitration

Apr 19, http://www.foxbusiness.com/story/markets/industries/industrials/kumba-files-claim-arcelormittal-begin-arbitration/

Dow Jones - Kumba Iron Ore Ltd. said it has served a statement of claim on ArcelorMittal South Africa Ltd. (ACl.JO) in order to push forward with arbitration to settle a pricing dispute.

Maersk takes out case against Algeria

Apr 15, http://www.cphpost.dk/business/119-business/48756-maersk-takes-out-case-against-algeria.html

A long simmering conflict between A.P. Moller-Maersk and the Algerian state which culminated in the Danish shipping giant filing a case with an international arbitration committee, could involve damages of up to 25 billion kroner, reports Business.dk. The case stems from a 'windfall tax' via Algeria's national energy company Sonatrach that took effect in 2007 for foreign oil companies operating in Algerian territory. The charge has allowed Algeria to tax 'excess' profits made when oil prices rise above $30 (currently around 160 kroner) a barrel.

ICC announces revision of arbitration costs

April 2010, http://www.iccwbo.org/court/arbitration/index.html?id=35955

The International Chamber of Commerce has announced a revision of its current arbitration costs and fees. The change will become effective on 1 May 2010 and apply to all arbitrations commenced on and after that date.

The revision does not change ICC's traditional method of calculating administrative costs and arbitrators' fees on the basis of the amount in dispute. However, the rates applicable to each 'slice' of the amount in dispute have been adjusted. An increase averaging 0.14 of a percentage point has been applied to most slices. At the top end of the scale, a new slice has been added to distinguish between cases valued at US$ 100-500 million and those over US$ 500 million. In the latter cases, a flat rate of US$ 113,215 will be charged for administrative expenses and arbitrators' fees will be calculated using rates that are the same, or slightly less, than before. The initial payment required when filing a request for arbitration has been raised from US$ 2,500—the level at which it has been held since 1998—to US$ 3,000.

ICC Arbitration costs were last revised in January 2008. Since then, the global economy has suffered a period of exceptional and unforeseen instability. The volatility of the financial markets has created a situation of great unpredictability, not least for the ICC Court. The Court's revenue is in US dollars, but most of its expenditure is in euros. The increase in the levels of its administrative expenses will allow the Court better to withstand the impact of these developments and to maintain the quality of service for which it is recognized worldwide.

The change in arbitrators' fees is intended to keep the Court well positioned in an increasingly competitive market. A balance has been struck between the need to keep fees to business users at an acceptable level and the need to offer arbitrators remuneration commensurate with the work they do. It should be recalled that, when setting arbitrators' fees, the Court will continue to take into consideration an arbitrator's diligence, the time spent on the case, the rapidity of the proceedings and the complexity of the dispute.

As an example of changes resulting from the new scales, the advance on costs requested in a case valued at US$ 1 million submitted to a sole arbitrator might rise to US$ 61,093 from US$ 56,485 presently, and the advance in a case valued at US$ 25 million submitted to a tribunal of three arbitrators, to US$ 480,989 instead of US$ 447,730 presently (these examples do not include arbitrators' expenses). Cost estimations for other amounts in dispute may be obtained using the arbitration cost calculator available on the ICC Court website.

The costs of ICC Arbitration are regulated by Articles 30 and 31 of the ICC Rules of Arbitration and Appendix III to those Rules. Only Appendix III has been changed. To see the amended provisions: http://www.iccwbo.org/uploadedFiles/Court/Arbitration/News/Full_News/2010/scales_AddendumEN_2010.pdf

Khan Files Formal Claim in Mongolian Administrative Court, Requests Prime Minister's Assistance and Provides Update on the CNNC Offer

Apr 21, http://khanresources.com/investors/news/100421.pdf

Khan Resources Inc. announced that its 58%-owned Mongolian joint venture subsidiary, Central Asian Uranium Company, LLC has filed a formal claim in the Capital City Administrative Court in Mongolia challenging the legal basis for the notice received from the Mongolian Nuclear Energy Agency purporting to invalidate CAUC's mining license 237A. The claim asserts, among other things, that the NEA has no legal authority to make a decision to invalidate the mining license and that the NEA's purported decision to do so violates the provisions of Mongolian law. CAUC is seeking a declaration of the Court that the NEA's purported action to invalidate the mining license is itself invalid. Khan's 100%-owned Mongolian subsidiary, Khan Resources LLC ("Khan Mongolia") is in the process of preparing and intends to file a similar claim on substantially the same basis in due course in respect of the NEA's purported invalidation of Khan Mongolia's exploration license 9282X.

Khan is also continuing its ongoing efforts to engage the Mongolian Government in discussions concerning its treatment by the NEA in general and the unlawful license invalidation notices in particular. Khan recently wrote directly to the Prime Minister of Mongolia, Mr. Sukhbaatar Batbold, formally requesting that he exercise his authority to review and overturn the NEA's purported decision to invalidate the licenses and put an end to the other inappropriate actions being taken by the NEA against Khan and its subsidiaries over the past several months. A copy of this letter is included with this press release, which investors are urged to read carefully and in its entirety, as it contains important information and background which will assist shareholders to understand the basis for the claims and the nature of the challenges we face in Mongolia.

Khan intends to continue to challenge the NEA's actions through all legally available means. In addition to filing the claims, Khan and its legal counsel intend to vigorously defend its and its subsidiaries' rights and interests, and to pursue all available rights and remedies in the Canadian and Mongolian courts and, if necessary, in international arbitration.

Khan Resources Receives Notice of License Invalidations from the Mongolian Nuclear Energy Agency

Apr 13, http://khanresources.com/investors/news/100413.pdf

Khan Resources Inc. announced today that its 58%-owned Mongolian joint venture subsidiary, Central Asian Uranium Company, LLC ("CAUC") and its 100%-owned Mongolian subsidiary, Khan Resources LLC ("Khan Mongolia") have received notice from the Mongolian Nuclear Energy Agency (the "NEA") stating that CAUC's mining license 237A (the "Mining License") and Khan Mongolia's exploration license 9282X (the "Exploration License") have been invalidated. The invalidations purport to be effective as of October 8, 2009 and purport to be based on a failure by CAUC and Khan to address violations of Mongolian law stemming from a July 2009 report issued by an inspection team appointed by the Mongolian State Specialized Inspection Agency (the "SSIA") in respect of the Mining License.

Khan continues to believe that it and its Mongolian subsidiaries have always operated and continue to operate in compliance with all applicable Mongolian laws, including the Nuclear Energy Law, and there is no legal basis for the NEA invalidation notices. Khan intends to challenge the NEA's actions through all legally available means. In Khan's view, the actions by the NEA are a clear violation of Khan's rights and interests under the laws and Constitution of Mongolia, and are in breach of Mongolia's obligations under international law. Khan and its legal counsel intend to vigorously defend its rights and interests, and to pursue all available rights and remedies in the Canadian and Mongolian courts and, if necessary, in international arbitration.

EAC Arbitration to Solve Conflicts Amicably - Busingye

Apr 13, http://allafrica.com/stories/201004130721.html

Kigali — Rwandans have been urged to own and use the arbitration jurisdiction process saying that it is cheaper, faster and "user-friendly." Judicial experts of the East African Court of Justice (EACJ) noted this yesterday as they started a two-day sensitization workshop aimed at enhancing the utilization of the arbitration jurisdiction of the EACJ in Kigali. This was largely emphasised by Justice Johnston Busingye, president of the Rwandan high court and Principal Judge at EACJ.

"As we are heading towards the EAC Common Market Protocol, Customs Union, Monetary Union and a Political Federation, a lot of commercial and trade disputes are likely to be generated during the transaction process; therefore application of arbitration jurisdiction process will play a big role in solving those conflicts amicably," Busingye said. "Why should people from the EAC use arbitration courts in London, The Hague and elsewhere when we have our EACJ where the arbitration jurisdiction clause is applied?" he wondered.

Odyssey Petroleum Corp.: Arbitration Decision Announced

Apr 13, http://www.marketwatch.com/story/odyssey-petroleum-corp-arbitration-decision-announced-2010-04-13?reflink=MW_news_stmp

VANCOUVER - Odyssey Petroleum Corp. announces that a dispute which arose in fiscal 2008 involving a contract between Odyssey and a drilling contractor for the drilling of 12 wells over a two year period has now been heard by a panel of arbitrators and an award granted.

The drilling contractor was seeking damages in excess of US$5,000,000, representing what it contended were the profits lost by not drilling any wells for Odyssey under the contract. Odyssey contended that the contract was based on Odyssey's ability to raise the necessary funds, as well as the ability of the drilling contractor to furnish a satisfactory rig and competent drilling personnel. Odyssey also contended, among other things, that (a) the contract did not require Odyssey to use the drilling contractor if sufficient funds were not raised and if it felt that the rig and equipment were not suitable for Odyssey's specifications; and (b) the contract expired on its own terms.

The arbitrators ruled in favour of the drilling contractor, reasoning that Odyssey did drill four wells with another contractor during the two year period and could have utilized the claimant drilling contractor instead. The arbitrators awarded the claimant US$1,060,252, reasoning that this would have been the claimant's profit in drilling the four wells.

While Odyssey and its management, directors and attorneys disagree with and are disappointed in the award, Odyssey is currently deciding the best course of action to resolve this situation, and is also in negotiation with several parties to obtain funding to move the Company forward and deal with its present liabilities, contingent or otherwise.

UAE eyes revamping laws to up competitiveness

Apr 11, http://business.maktoob.com/20090000457162/UAE_eyes_revamping_laws_to_up_competitiveness/Article.htm

ABU DHABI - The United Arab Emirates, the second-largest Arab economy, plans to modernise its company, foreign investment and industrial laws to boost transparency and investor confidence, the economy ministry said.

Billionaire Usmanov Seeks to Block TeliaSonera, Alfa Group Deal

Apr 08, http://www.businessweek.com/news/2010-04-08/billionaire-usmanov-seeks-to-block-teliasonera-alfa-group-deal.html

Bloomberg - OAO Telecominvest has filed a lawsuit aimed at blocking plans by TeliaSonera AB and Alfa Group to merge their holdings in OAO MegaFon. The lawsuit was filed in Moscow Arbitration court on April 6, according to the registration document posted on the court's Web site. The lawsuit aims to prevent TeliaSonera and Alfa ... from forming an alliance that would give them joint control of MegaFon...

Lawyers predict challenge of $197 million judgment against Naftogaz

Apr 8, http://www.ukrainianjournal.com/index.php?w=article&id=10220

Naftogaz Ukrayiny could challenge an intermediate decision by the tribunal of the Arbitration Institute of the Stockholm Chamber of Commerce on a claim by Swiss-based RosUkrEnergo gas trader against JSC Naftogaz Ukrayiny for payment by the Ukrainian company of $197 million to the plaintiff in the Svea Court of Appeal, according to lawyers polled by Interfax-Ukraine.

Rosneft Gives Security to Yukos to End Freezing Order

Apr 8, http://www.businessweek.com/news/2010-04-08/rosneft-gives-security-to-yukos-to-end-freezing-order-update1-.html

Bloomberg - A former Yukos Oil Co. unit said that OAO Rosneft, Russia's largest oil company, provided a "mutually agreed" security to discharge a 425 million-pound ($646 million) freezing order in a London court.

Manufacturers Statement on Arbitration Tribunal Ruling on Ecuadorian Violations

Apr 1, http://www.nam.org/Communications/Articles/2010/04/Chevron-Ecuador-Case-Statement.aspx

The National Association of Manufacturers (NAM) Vice President for International Economic Affairs Frank Vargo issued the following statement today regarding the decision by an international arbitration panel in the claim of Chevron against the government of Ecuador under the U.S.-Ecuador Bilateral Investment Treaty (BIT):

"The recent ruling in favor of Chevron emphasizes the importance of the U.S. BIT program as a tool to ensure U.S. investors are treated fairly in BIT partner countries, including Ecuador.

Currently, the Administration is conducting a thorough policy review of the U.S. BIT program, and this decision provides evidence of the importance of a strong BIT program to protect U.S. investors, workers and shareholders when U.S. companies invest abroad. We urge the Administration to quickly complete its review of the 'Model BIT' framework with additional emphasis on our BIT program.

Manufacturers in the United States are at a competitive disadvantage in many fast-growing foreign markets where foreign competitors enjoy strong protections, including access to international arbitration. Many U.S. companies stand to benefit in these foreign markets by negotiating strong treaties to protect international investments.

We are encouraged by this decision and we hope the Administration moves forward with bolstering the BIT program to help level the playing field in foreign markets for American companies."

Kenya: Mumias, Moco opt for arbitration

Apr 8, http://www.standardmedia.co.ke/business/InsidePage.php?id=2000007293&cid=14&story=Mumias,%20Moco%20opt%20for%20arbitration

The law Society of Kenya (LSK) has appointed a Nairobi lawyer Ahmednasir Maalim Abdullahi to arbitrate a financial dispute between Mumias Sugar Company (MSC) and its outgrowers firm, Mumias Outgrowers Company (Moco). The disagreement involves Sh4 billion allegedly owed to Moco by the sugar miller for cane development, and other money managed by MSC - as an accountant of Moco. Industry regulator, Kenya Sugar Board (KSB) has also agreed to facilitate the arbitration process, as spelt out in the Arbitration Act.

Vodacom to take DRC dispute to arbitration

Apr 7, http://www.mg.co.za/article/2010-04-07-vodacom-to-take-drc-dispute-arbitration

Mobile telephone operator Vodacom Group and its minority shareholder in the DRC will enter into arbitration proceedings under International Chamber of Commerce (ICC) rules in Brussels, the South African company said on Wednesday.

PODCASTS

IDN 88 - One or Three? How Many Arbitrators Do You Need?

Jennifer Kirby, a Paris-based partner of London's Herbert Smith LLP, and former deputy secretary general of the International Chamber of Commerce's Court of International Arbitration, joins host Mike McIwrath to discuss arbitration strategy.

EVENTS

University of Miami School of Law to host ceremony honoring Jan Paulsson as Michael Klein Distinguished Scholar Chair op April 29th

April 23, http://everitas.univmiami.net/2010/04/23/school-of-law-to-host-ceremony-honoring-jan-paulsson-as-michael-klein-distinguished-scholar-chair/

The University of Miami School of Law will host a celebration in honor of the appointment of Jan Paulsson as the Michael Klein Distinguished Scholar Chair. Paulsson is head of the public international law and international arbitration groups at Freshfields Bruckhaus Deringer, and has had his professional base in Paris for 30 years. He is currently the president of both the London Court of International Arbitration and the World Bank Administrative Tribunal, and he was recently elected president of the International Council for Commercial Arbitration (ICCA). Paulsson joined the law school in the academic year 2009-10.

The event will take place on Thursday, April 29 at the Lowe Art Museum. The dedication ceremony will start at 4:30 p.m., with a lecture followed by a reception.

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.

Latin American Conference on Arbitration (CLA 2010) June 10-11

June 10-11, Asunción, Paraguay. http://www.cedep.org.py/arbitraje/

In this year's Conference themes regarding commercial and investment arbitration will be addressed, for the purpose of updating concepts, regulations and arbitral practices and bring them to discussion to the hands of arbitrators, academics and lawyers with experience on international arbitration.

This, indeed, considering that on Saturday, June 12th, a meeting will be organized at noon on global and regional arbitration circles, in association with the "Law Firm Management Committee of the International Bar Association", presented under the name: "Contemporary Management Issues in International Arbitration and Dispute Resolutions Practices", whose agenda and direction will be in charge of Norman Clark, Head of the Law Firm Management Committee of the IBA. Said meeting promises to have a great international impact, in line with the arbitration event of Asunción (whose success is well known in major global and regional arbitration circles).

On June 12th, additionally, the Moot Asunción will be held, in association with Moot Madrid 2010 and the Willem C. Vis Moot of Vienna, which will be coordinated by: Eric E. Bergsten, Roque Caivano, Fernando Cantuarias Salaverry, and Pilar Perales Viscasillas. The activity is aimed for national and regional college students.

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.

Cologne Summer Academy on Business Negotiation and Mediation - September 05 - 09 2010

http://www.central.uni-koeln.de/sommerakademien

This Academy is closely connected with CENTRAL's Summer Academy on International Commercial Arbitration which is scheduled for the same dates. Both Academies will deal with the same Case Study. Informal discussions during the Academies and a joint session at the end will give participants of both Academies the unique chance for a productive exchange of views and ideas. This ensures a more effi cient learning process and a deeper understanding of the law and practice of arbitration and ADR for participants of both Academies. All participants receive a copy of "Private Dispute Resolution in International Business" which contains materials and videos of both arbitration and ADR.

Cologne Summer Academy on International Commercial Arbitration - September 05 - 09 2010

http://www.central.uni-koeln.de/sommerakademien

This Academy is closely connected with CENTRAL's Summer Academy on Business Negotiation and Mediation which is scheduled for the same dates. Both Academies will deal with the same Case Study. Informal discussions during the Academies and a joint session at the end will give participants of both Academies the unique chance for a productive exchange of views and ideas. This ensures a more effi cient learning process and a deeper understanding of the law and practice of arbitration and ADR for participants of both Academies. All participants receive a copy of "Private Dispute Resolution in International Business" which contains materials and videos of both arbitration and ADR

MOVES / JOBS

Herbert Smith announces Partner promotions

Apr 20, http://www.herbertsmith.com/News/news200410.htm

Herbert Smith LLP - a leading and full-service international legal practice - News - Herbert Smith announces Partner promotions Herbert Smith announced today the promotion of 18 lawyers to its partnership on 1 May 2010. The lawyers come from across the firm's global contentious and transactional practices, with seven based outside London and most having worked for significant periods outside their home jurisdictions. Six are women. New Arbitration, Dispute Resolution partners: Emmanuelle Cabrol - Arbitration, Paris; Gavin Margetson - General Dispute Resolution, Tokyo; Chris Parker - Arbitration, London ; Erwan Poisson - General Dispute Resolution, Paris; May Tai - Arbitration, Shanghai.

HKIAC Appoints Ms Chiann BAO as its New Secretary-General

Apr 12, http://www.hkiac.org/

The Hong Kong International Arbitration Centre (HKIAC) is pleased to announce that Ms Chiann BAO has been appointed to the position of Secretary-General commencing 1 May 2010. Ms BAO will succeed the current Secretary-General, Gary SOO, who will return to the Bar.

BOOKS

Enhanced Dispute Resolution Through the Use of Information Technology

Arno Lodder, John Zeleznikow

ISBN13: 9780521515429
ISBN: 0521515424
To be Published: June 2010
Publisher: Cambridge University Press
Country of Publication: UK
Binding: Hardback
Price: £65.00 - Not Yet Published

Alternative Dispute Resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution.

Contents:

1. Introduction
2. Norms for the use of technology in dispute resolution
3. Developing dispute resolution processes
4. Technologies for supporting dispute resolution
5. Advanced intelligent technologies for dispute resolution
6. A three step model for online dispute resolution
7. Future prospects.

ICSID

New: Pan American Energy LLC v. Plurinational State of Bolivia (ICSID Case No. ARB/10/8)

Exploration and exploitation of hydrocarbons. Registered April 12, 2010. Tribunal not yet constituted

New: Universal Compression International Holdings, S.L.U. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/9)

Oil and gas enterprise. Registered April 12, 2010. Tribunal not yet constituted

New: Olyana Holdings LLC v. Republic of Rwanda (ICSID Case No. ARB/10/10)

Tea company. Registered April 16, 2010. Tribunal not yet constituted.

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

Status of Proceeding: Makhdoom ALI KHAN (Pakistani) appointed following the resignation of Charles N. BROWER (U.S.)

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

Status of Proceeding: Pending (the Claimant files a reply on the merits on April 15, 2010)

Compagnie d'Exploitation du Chemin de Fer Transgabonais v. Gabonese Republic (ICSID Case No. ARB/04/5)

Status of Proceeding: Pending (the ad hoc Committee declares the proceeding closed on April 23, 2010)

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

Status of Proceeding: Pending (the Respondent files a reply on preliminary objections on March 31, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction in Washington, D.C. on April 7-14, 2010)

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

Status of Proceeding: Pending (the Respondent files a response on the Claimants’ proposal for disqualification of an arbitrator on April 16, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a pre-hearing conference with the parties by telephone on April 14, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a first session at The Hague on April 9, 2010)

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

Status of Proceeding: Pending (the ad hoc Committee declares the annulment proceeding closed on April 16, 2010)

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

Status of Proceeding: Pending (the Tribunal declares the proceeding closed on April 15, 2010)

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

Status of Proceeding: Pending (the parties file post-hearing briefs and observations on the submission of the non-disputing party on March 31, 2010)

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

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 April 16, 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 Tribunal issues a procedural order concerning confidentiality and production of documents on April 14, 2010)

Compagnie d'Exploitation du Chemin de Fer Transgabonais v. Gabonese Republic (ICSID Case No. ARB/04/5)

Status of Proceeding: Pending (the Gabonese Republic files a statement of costs on April 15, 2010)

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

Status of Proceeding: Pending (pursuant to the parties' agreement, the suspension of the proceeding is extended on April 16, 2010)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents on April 9, 2010)

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

Status of Proceeding: Pending (the Respondent files a counter-memorial on the merits on April 12, 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 Tribunal holds a hearing at The Hague on April 12-14, 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 April 12, 2010)

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

Status of Proceeding: Pending (the suspension of the proceeding is further extended, pursuant to the parties’ agreement on April 13, 2010)

Quiborax S.A., Non-Metallic Minerals S.A. & Allan Fosk Kaplún v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2)

Status of Proceeding: Pending (the Respondent files a proposal for disqualification of the three members of the Tribunal. The proceeding is suspended on April 7, 2010)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning examination of witnesses on April 6, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a pre-hearing conference with the parties by telephone on March 24, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on preliminary jurisdictional objections in Paris on March 23-25, 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 Respondent files observations on the Claimants' request for production of documents on April 7, 2010)

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