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 #08, week 20. 18 May 2010
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

NEWS

Chavez decrees state takeover of property owned by Venezuela's largest food producer

Apr 28, http://www.canadianbusiness.com/markets/market_news/article.jsp?content=D9FBROS80

AP - Venezuelan President Hugo Chavez ordered a state takeover of property where Empresas Polar, the country's largest food producer, has warehouses and offices. A decree ordering the forced acquisition of the land was signed by Chavez on Tuesday, and is the final step before expropriating the property in the city of Barquisimeto. Empresas Polar, which makes everything from mayonnaise to beer, had asked the Supreme Court to annul the planned expropriation and allow its operations to continue.

Venezuela expropriates Mexican-owned food company

May 13, http://www.businessweek.com/ap/financialnews/D9FM2U7G2.htm

Venezuela's government has ordered the "forced acquisition" of one of the largest food companies in the country. A notice in the Official Gazette announces the expropriation of the property and assets of Molinos Nacionales CA, or Monaca.

... "The Mexican food processing company said that it would cooperate in the process of expropriation" http://english.eluniversal.com/2010/05/14/en_eco_esp_grumas-local-unit-s_14A3882033.shtml

Venezuela's Chavez orders expropriation of iron, aluminum makers, transport companies

Amy 15, http://www.canadianbusiness.com/markets/market_news/article.jsp?content=D9FNMNMO2

AP - President Hugo Chavez announced Saturday the expropriation of a group of iron, aluminum and transportation companies in Venezuela's mining region. Among the expropriated companies is Materiales Siderurgicos, or Matesi, which is the Venezuelan subsidiary of Luxembourg-based steel maker Tenaris SA.

South Africa: Turning over the land

May 14, http://www.mg.co.za/article/2010-05-14-turning-over-the-land

The government is preparing to overhaul land reform legislation, with the controversial Expropriation Bill coming off the shelf and the agriculture department looking at legislating targets for BEE ownership in the farming industry. In addition, the Department of Rural Development and Land Reform was due to present a Green Paper to the Cabinet last week outlining a new form of land ownership.

On Tuesday Beeld reported that Minister Tina Joemat-Pettersson had proposed a new empowerment charter for agriculture requiring farmers to sell a 40% share of their farms and land to black shareholders. In her budget vote last month Joemat-Pettersson also alluded to possible black ownership targets in agriculture. Her comments provoked an angry reaction from commercial farm unions, with which she had previously enjoyed good relations.

...

South Africa: Land grab bill back on books

May 05, http://www.fin24.com/Economy/Land-grab-bill-back-on-books-20100505

Cape Town - Expropriation legislation, aimed at making it easier for government to seize land from farmers who refuse to sell their properties for redistribution, will be reintroduced to parliament next year, Minister of Public Works Geoff Doidge announced on Wednesday.

South Africa: DA to fight return of Expropriation Bill

May 6, http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71654?oid=174742&sn=Detail

...

The Democratic Alliance (DA) fully supports an equitable and sustainable land reform process as it is imperative that South Africa's skewed patterns of land ownership are urgently modified. However, this process must be carried out within constitutionally set parameters and must not allow for arbitrary land dispossession.

Nigeria: International Arbitration Centre is under construction at Okun

May 13, http://234next.com/csp/cms/sites/Next/Home/5568184-146/story.csp

...

Mr. Oniru said his ministry's activities have led to the discovery of warm water spring at Epe and Itoikin. He further said an International Arbitration Centre is under construction at Okun, which will serve as a multipurpose centre of international standard. Part of its facilities will include conference rooms, shops, café, and hearing rooms.

Successful debut for PZU

May 12, http://www.wbj.pl/article-49594-successful-debut-for-pzu.html?typ=wbj

In what marks the symbolic end to a decade of acrimony and legal disputes, Poland's largest insurer, Powszechny Zaklad Ubezpieczen (PZU), has debuted on the Warsaw Stock Exchange. Its IPO may well be the largest to take place in Europe this year.

...

The public listing of PZU sale was made possible by a breakthrough agreement between Poland and Dutch insurer Eureko in October 2009. ... A Dutch Arbitration Tribunal ruled in August 2005 that Poland had failed to protect Eureko's investment by defaulting on the contract. As part of its 2009 agreement, the Polish government will pay zl.1.24 billion from its IPO proceeds as dividend to Eureko. This compensation takes into account damages claimed by the Dutch firm due to lost dividends and other matters.

Serbia loses legal battle over Israeli spy satellite

May 13, http://www.setimes.com/cocoon/setimes/xhtml/en_GB/newsbriefs/setimes/newsbriefs/2010/05/13/nb-04

Local media reported on Wednesday (May 12th) that Serbia will have to pay 36m euros in damages to an Israeli company for violating a contract to rent a spy satellite. The International Court of Arbitration in Paris ruled in favour of ImageSet, Serbia, tried to challenge that court's jurisdiction, taking the case to a London court, where it lost.

Instigation of Arbitration Process in connection with Compensation Claim for Bolivian Nationalisation of Controlling Stake in Guaracachi

May 13, http://www.rurelec.com/news-and-publications/171-instigation-of-arbitration-process-in-connection-with-compensation-claim-for-bolivian-nationalisation-of-controlling-stake-in-guaracachi

Rurelec PLC (AIM:RUR), the power plant developer and owner-operator of power generation assets in Latin America, announces Rurelec has today served a formal notice of a breach of the Bilateral Investment Treaty between the UK and Bolivia ("the Treaty") on President Evo Morales thereby triggering the six month negotiating period prior to international arbitration. Rurelec has instructed Freshfields Bruckhaus Deringer LLP, who have experience in resolving nationalisation claims against Bolivia, to advise them in relation to negotiations and in an eventual arbitration.

Compensation Claim

The Decree ordered expropriation of the 50.001 per cent. interest in Guaracachi held by Rurelec subsidiary Guaracachi America, Inc ("GAI"). The Supreme Decree stated that ENDE (the integrated electricity utility owned by the Bolivian state) had to pay fair value ("compensacion adecuada") for GAI's shares. Bolivia's proposals regarding compensation amount should be made within 120 days of the issue of the Decree.

Subsequent statements by Bolivia's Minister for Economic Development, Sra Viviana Caro have sought to reassure investors in the four companies nationalised on May Day that Bolivia has the resources and the willingness to meet its compensation payment obligations. A facility of US $1 billion has been made available by the Bolivian Central Bank for the power sector including compensation to investors whose share stakes have been nationalised. On 6th May Standard & Poor's announced that it was upgrading Bolivia's foreign currency to B from B-. on the grounds of the country's strong economic performance and the fact that Bolivia currently has US $8.5 billion of foreign exchange reserves on deposit.

Under the terms of the Treaty, which came into force in 1990 and protects the investments of UK companies in Bolivia, Rurelec has a right to receive the market value of its investment in Guaracachi, calculated prior to any threat of nationalisation. This value is likely to be materially in excess of Guaracachi's Bolivan GAAP audited net asset value of US$70.5 million (£46 million). Since President Morales came to office in 2006, Rurelec has sponsored over US$110 million of intestment in new power capacity in Bolivia totalling 185 MW in five separate projects involving eleven new turbines or gas engines. Rurelec is believed to be the third largest British investor in Bolivia after BP and BG. In the event that no settlement on compensation is reached with Bolivia prior to expiry of the six month notice period established under Treaty, Rurelec is entitled to commence an international arbitration against the Government of Bolivia under the Treaty in order to obtain just and effective compensation.

Commenting on the nationalisation, Peter Earl, Managing Director, Rurelec PLC, said: "We have instigated the formal arbitration process now in order to shorten the overall time frame in the event that an internationally supervised settlement is required. However, we are hopeful of negotiating a settlement during the six month prelude to arbitration. Guaracachi's market value is clearly linked to its future earnings which were set to double from 2010 onwards as a result of increased combined cycle margins from our new power plant and contracted carbon credit income in excess of US $7 million a year." He also noted: "Rurelec has some US $50 million invested in its Argentine power business, Energia del Sur, of which US $33 million is in inter-company loans from Rurelec which are due to be refinanced and repaid to Rurelec in 2010. Energia del Sur owns a state of the art combined cycle power plant which has recently received Argentine government approvals for premium tariffs. Even without its Bolivian power plants, Rurelec still has a major asset in Argentina which is expected to contribute to the group significantly from this year onwards

Rurelec plc: Nationalisation of Controlling Stake in Guaracachi

May 1, http://www.rurelec.com/news-and-publications/168-nationalisation-of-controlling-stake-in-guaracachi

Rurelec plc (AIM:RUR) ("Rurelec" or "the Company"), the power plant developer and owner-operator of power generation assets in Latin America, announces that it has today been informed that the Bolivian Government has taken steps to nationalise by force Rurelec's controlling stake in Empresa Electrica Guaracachi SA ("Guaracachi"). The move comes as part of a May Day programme which saw all three of the privatised power generations companies forcibly brought into state ownership by means of a Supreme Decree signed by President Evo Morales, together with one regional distribution company and the national electricity transmission company.

This surprise move was taken in the face of assurances given to the British and French ambassadors in La Paz at the end of last week that the Morales Administration continued to want to maintain European private investment in the power sector. Furthermore, during the same week, the Morales Administration stated publicly that it expected to reach negotiated agreement for a public-private partnership with the electricity generators. Such an approach would permit even greater investment in new power plants by Rurelec and its subsidiaries.

Since President Morales came to office in 2006, Rurelec has invested over US $110 million in new power capacity of 185 MW in five separate projects involving eleven new turbines or gas engines.

Rurelec's shares in Guaracachi are held through a wholly owned holding company subsidiary called Guaracachi America Inc ("GAI"). The book value in Bolivia of the Guaracachi shares held by GAI is US $65 million (£42.5 million). Additionally GAI is due to receive US $5.5 million (£3.6 million) in dividends declared by Guaracachi. The Supreme Decree issued by President Morales on 1st May requires GAI to transfer all of its 50.001 per cent. stake in Guaracachi to ENDE, the state power company and states that ENDE must pay fair value ("compensacion adecuada") for GAI's shares. The Supreme Decree gives ENDE 120 days to formulate its fair value proposals to GAI.

Rurelec enjoys full protection of its investment in Bolivia as a result of an investment treaty between Bolivia and the United Kingdom which came into force in 1990. The Agreement for the Promotion and Protection of Investments was signed in La Paz on 24th May 1988. This treaty protects all British companies and guarantees payment of market value in the event of compulsory state nationalisation of their investments in Bolivia. Rurelec is believed to be the third largest British investor in Bolivia after BP and BG.

Bolivia nationalises private electricity firms

May 1, http://news.bbc.co.uk/2/hi/americas/8656106.stm

Bolivian President Evo Morales has ordered the nationalisation of four private electricity companies. Police moved into the offices of Corani, Valle Hermoso and Guaracachi firms, following Mr Morales' decree.

Bolivia takes over BP subsidiary

May 1, http://news.bbc.co.uk/2/hi/americas/8030208.stm

Bolivian President Evo Morales has announced the takeover of a subsidiary of British oil company BP, as part of his nationalisation campaign. Mr Morales told May Day crowds that he had ordered troops and the state oil company to take over Air BP, which supplies jet fuel across the country.

World GTL Inc Files Largest Ever Lawsuit Against Trinidad Government-Owned Petrotrin

May 13, http://www.prnewswire.com/news-releases/world-gtl-inc-files-largest-ever-lawsuit-against-trinidad-government-owned-petrotrin-93712439.html

World GTL Inc, in the largest lawsuit ever filed against a private or Government-owned company in Trinidad, and amid upcoming elections, said it had served, with the help of a court order there, the Government-owned Petroleum Company of Trinidad and Tobago (Petrotrin) with a complaint in the United States Federal District court for the wrongful expropriation of its assets in a joint venture company, World GTL Trinidad Limited. The Complaint requests damages of more than US $2 billion.

World GTL Trinidad Limited was constructing a gas-to-liquid plant located within the Petrotrin refinery in Point-a Pierre, Trinidad, 51% owned by the World GTL Inc subsidiary, World GTL of St. Lucia Ltd, and 49% by Petrotrin. When expropriated, the plant was in the process of being commissioned and would have been the first commercial GTL plant in the western hemisphere.

World GTL Inc says it is seeking damages equal to the projected enterprise value contemplated by Wall Street analysts in an initial public offering.

In the complaint, World GTL Inc says Petrotrin executed its secret plan to expropriate the plant with the full knowledge and consent of the Trinidad Government.

In 2005 World GTL Inc and Petrotrin entered into a "Project Agreement" to build a gas-to-liquid plant within Petrotrin's refinery at a location selected by Petrotrin and recommended as safe, when in fact it was directly down wind from Petrotrin's Sulfur Recovery Unit. Petrotrin assured World GTL Inc the refinery location was environmentally safe.

"In order to obtain project financing, Petrotrin introduced us to Credit Suisse, noting that a former Trinidad finance minister was now an officer of the bank. The bank agreed to provide a US $125 million loan," said James Carlisle, World GTL Inc's vice president of finance and operations.

"Contrary to Petrotrin's representations when we entered into a 'Project Agreement,' there were numerous toxic sulfur releases from the Petrotrin refinery, which contaminated the entire facility including the gas-to-liquid plant," said Carlisle. "We had to evacuate the plant on many occasions - sometimes for as long as two months at a time - creating unforeseen cost overruns and delays severely impacting our ability to meet the completion date set forth in the agreement with Credit Suisse. Plant closings and evacuations continued despite the many assurances from our partner, Petrotrin, that the situation was being corrected," he said.

However, according to the Complaint, Petrotrin surreptitiously bought World GTL Trinidad's loan from Credit Swiss, which had been jointly guaranteed, clearly demonstrating its intent to be the sole owner of the gas-to-liquid plant.

"Moreover, with a clear disregard for their fiduciary responsibilities to the GTL joint venture company, Petrotrin engaged in actions demonstrating it planned to control the project," continued Carlisle. "This included payment to Credit Suisse of a disputed $16.2 million breakage premium in order to facilitate taking ownership of the loan," said Carlisle. "This was done secretly so they could declare a default effectively expropriating the assets without compensating us," he said.

According to the complaint, World GTL Inc and its subsidiary, World GTL St. Lucia, allege that Petrotrin did not make the requisite corrections to the sulfur problem because it at all times wanted timely completion of the construction of the plant to fail, thereby creating a default under the terms of the loan agreement with Credit Suisse. This allowed Petrotrin to appoint a Receiver to take over all the assets of the entire project without proper compensation to World GTL Inc. This action was not only contrary to the agreements between the parties but constituted fraud on its face, according to the Complaint.

World GTL Inc is seeking compensation from Petrotrin for alleged fraud, negligent misrepresentation, breach of contract, unjust enrichment, negligence and expropriation.

World GTL Inc, based in New York City, was formed in 2000 to build and operate gas-to-liquid (GTL) facilities that convert natural gas (coal and other hydrocarbons) into high-value, pollution free fuels and other valuable products.

Vodacom awaits DRC outcome

May 11, http://www.itweb.co.za/index.php?option=com_content&view=article&id=33002:vodacom-awaits-drc-outcome&catid=260&Itemid=59

Vodacom is waiting for an outcome in the arbitration process that started a month ago against shareholders in its operation in the Democratic Republic of Congo (DRC). The company instigated the process under International Chamber of Commerce arbitration rules, in Brussels, early last month, after relations between Vodacom and another shareholder, Congolese Wireless Networks (CWN), hit boiling point.

The International Fund for Agricultural Development requests an advisory opinion from the Court on a judgment rendered by the Administrative Tribunal of the International Labour Organization

May 11, http://www.icj-cij.org/docket/files/146/15933.pdf

THE HAGUE, 10 May 2010. On 26 April 2010, the International Court of Justice received a request for an advisory opinion from the International Fund for Agricultural Development (IFAD), concerning a judgment rendered by an administrative court, the Administrative Tribunal of the International Labour Organization (hereinafter "the Tribunal").

IFAD is one of the specialized agencies of the United Nations which have been authorized by the General Assembly, on the basis of Article 96, paragraph 2, of the Charter of the United Nations, to request advisory opinions of the Court on legal questions arising within the scope of their activities.

Ms S-G., a staff member of the Global Mechanism of the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (hereinafter "the Global Mechanism"), held a fixed-term contract of employment which was due to expire on 15 March 2006.

When her contract was not renewed, Ms S-G. made approaches to various organs of IFAD, which houses the Global Mechanism. In particular, she filed an appeal with the Joint Appeals Board, which recommended in December 2007 that Ms S-G. be reinstated within the Global Mechanism for a period of two years and paid an amount equivalent to all the salaries, allowances and entitlements she had lost since March 2006. The President of IFAD rejected this decision in April 2008.

...

Judgment by the Svea Court of Appeal - Challenge of Arbitral Award

May 5, http://www.chamber.se/?id=23696&newsid=33821

Download Award: http://www.chamber.se/filearchive/3/33819/SW-1073167-v1-Translation_of_the_Svea_Court_of_Appeal_Judgement_1.pdf

In November 2003 a company registered in the United States requested arbitration against a company wholly owned by the Russian State, pursuant to the SCC Rules. The claimant moved that the Arbitral Tribunal affirm that a contract between the parties was rescinded and that the respondent should pay certain damages. In the arbitral award, issued in June 2007, the Arbitral Tribunal dismissed all claims.

Consequently the claimant challenged the arbitral award and moved that the Svea Court of Appeal declared the arbitral award invalid or alternative, that the Court of Appeal set aside the arbitral award. The claimant invoked, as grounds for the claims, that the Arbitral Tribunal had addressed and decided on issues of a criminal law nature, which would render the arbitral award invalid pursuant to section 33 of the Arbitration Act (1996:116). The claimant also invoked that the Arbitral Tribunal had exceeded its mandate in seven different respects - inter alia that the Arbitral Tribunal had based the arbitral award in violation of the principle of res judicata, that the Arbitral Tribunal failed to take into account circumstances and evidence invoked by the parties and that the arbitral award was based on written evidence which pursuant to the parties' agreement and the Arbitral Tribunal's decision should not have been admitted - wherefore the arbitral award should be set aside pursuant to section 34 of the Arbitration Act.

The Court of Appeal found that none of the claimant's assertions in support of its actions had the consequence that the award was invalid or should have been set aside. The claimant's actions were thus dismissed.

First decision under the new Emergency Arbitrator provisions of the SCC Rules has been rendered.

Apr 28, http://www.chamber.se/?id=23696&newsid=33757

The first decision under the new Emergency Arbitrator provisions of the SCC Rules has been rendered.

SCC special provisions regarding the appointment of an Emergency Arbitrator entered into force on 1 January 2010. For parties seeking to apply for interim measures under the SCC Rules, these provisions of the rules bridge a gap that previously existed between the time for the request of arbitration and the time for the referral of the case to the Arbitral Tribunal.

Under the Emergency Arbitrator provisions, parties may apply for an emergency decision on interim measures up until 30 days prior to filing a request for arbitration. The Emergency Arbitrator shall be appointed within 24 hours and a decision shall be rendered within 5 days. Time limits may be extended.

For additional reading, see the SCC Rules (http://www.sccinstitute.se/filearchive/3/33619/Skiljedomsregler%20eng%202010.pdf) and previous news reports (http://www.sccinstitute.se/?id=23696&newsid=30175) regarding the SCC Emergency Arbitrator.

Iran steps up gas field pressure on foreign firms

May 8, http://www.reuters.com/article/idUSTRE6470SB20100508

Reuters - Iran plans to replace foreign companies which have "dragged their feet for years" with domestic firms in developing its giant South Pars natural gas field, the oil minister was quoted as saying on Saturday.

France Telecom, Orascom disclose more details on ECMS deal

May 10, http://www.totaltele.com/view.aspx?ID=455325

Orascom Telecom Holding and France Telecom Sunday released further details on their agreement that ended a dispute over the ownership of Egyptian Co. for Mobile Services, or ECMS, as requested by Egypt's regulator.

The World Bank May Cause Ecuador's Ruin - Is a country entitled to effective legal sovereignty over its natural resources?

May 9, http://www.humaniteinenglish.com/spip.php?article1529

Seven hundred million dollars. That is the sum Ecuador, one of the smallest countries in Latin America [1] was sentenced to pay to the Texaco-Chevron multinational on March 30th. The amount is the equivalent of the compensation money imposed on Germany at the end of WWI [2] And seven other rulings are still pending in the files of ICSDI, the International centre for the settlement of disputes between governments and foreign investors, an arbitration organism under the authority of the World Bank, to which multinationals that have invested in Latin America appeal whenever their interests are damaged or simply under a threat (an important tax increase or the imposition of a minimum wage may be considered as "indirect expropriations").

The ruling may spell total ruin for Ecuador, whose public debt stands at 27% of the GDP already, and whose single crime is its determination to exert its legitimate sovereignty over its natural resources.

Grenada/Trinidad Maritime Treaty Now Duly Entered Into Force

Apr 28, http://www.gov.gd/egov/news/2010/apr10/28_04_10/item_1/maritime_treaty.html

St. George's, April 28, 2010 - Instruments of Ratification for the maritime treaty involving Grenada and Trinidad and Tobago have been exchanged by the Foreign Ministers of the two countries. Grenada's Foreign Affairs Minister, Hon. Peter David, and his Trinidad counterpart, Hon. Paula Gopee-Scoon, exchanged the Instruments of Ratification of the Treaty on the Delimitation of Marine and Submarine Areas on Tuesday, April 27, in Port of Spain, Trinidad.

The Treaty duly entered into force on the date of the exchange of the Instruments of Ratification. The formal signing of the Treaty, by Prime Minister Patrick Manning of the Republic of Trinidad and Tobago, and Grenadian Prime Minister Tillman Thomas, took place on April 21 in Port of Spain.

The treaty was reviewed by the cabinets of both countries, a move Foreign Minister Gopee-Scoon described as a "formality to ensure that all is in order.'' Minister David, who has since returned home, said "all of Grenada'' is excited at the treaty and the prospects of exploring for oil and gas in Grenada's waters. The treaty also identifies the protection and preservation of marine life as one of its objectives.

The treaty is the first delimitation agreement negotiated between Grenada and its oil-rich CARICOM neighbour. The delimitation is a formal line which is drawn to indicate where Trinidad and Tobago's jurisdiction ends and Grenada's begins.

Settle Kishenganga water row on lines of 1960 Indus Treaty: Pak to India

May 10, http://economictimes.indiatimes.com/news/politics/nation/Settle-Kishenganga-water-row-on-lines-of-1960-Indus-Treaty-Pak-to-India/articleshow/5914646.cms

ISLAMABAD: Differences and disputes between India and Pakistan on the Kishenganga project should be addressed in line with the dispute-settlement mechanism in the Indus Waters Treaty of 1960, foreign minister Shah Mahmood Qureshi said on Monday.

Pakistan: "Recognition and Enforcement of Arbitration Agreements and Foreign Arbitral Awards" before parliament in days

May 7, http://www.thenews.com.pk/daily_detail.asp?id=237977

ISLAMABAD: At least 12 laws, which were kept away from debate in parliament, will now have to be presented within 30 days of the passage of the 18th Amendment.

The government is constitutionally bound to get a parliamentary approval of 12 repeatedly re-promulgated presidential ordinances, including some controversial ones, The News has learnt. The 18th Amendment makes it compulsory for the government to bring a re-promulgated ordinance before parliament and obtain its simple majority approval, through a resolution or through proper act, to continue its enforcement.

Australia's Proposed Resources Super Profits Tax [pdf]

www.futuretax.gov.au/documents/attachments/announcement_document.pdf

The Australian Government will introduce a Resource Super Profits Tax (RSPT), as recommended by the Australia's Future Tax System review. The RSPT will ensure all Australians share in the returns from our non-renewable resources. The RSPT will commence on 1 July 2012.

Australian tax could breach treaty with China

May 9, http://www.telegraph.co.uk/finance/markets/7701544/Australian-tax-could-breach-treaty-with-China. html

...

This raises the prospect that the Chinese government, which controls mining group Chinalco, could take legal action against the Australian government. UK pension funds are locked out of this process, unless they have funds incorporated in countries that have a bilateral investment treaty (BIT) with Australia. The tax proposal "is a classic example of a potential breach of a host state's obligations under a BIT", according to Mr Baykitch. "Broadly speaking, BITs establish clear rules on the scope of investment protection and the treatment that states must provide to foreign investment in their territories. In addition, they establish a framework for the resolution of investment disputes through arbitration between the foreign investor and the host state."

This means that a looming BIT claim by mining companies' minority shareholders could play a part in the lobbying and opposition to the new mining tax.

...

Shareholder Wins Ruling Against Transneft Over Charity Funds

May 7, http://www.themoscowtimes.com/news/article/shareholder-wins-ruling-against-transneft-over-charity-funds/405534.html

Transneft minority shareholder Alexei Navalny has won a court ruling forcing the police to conduct a check into the beneficiaries of the state-owned oil pipeline operator's billions of rubles in charity donations.

Malaysia-EU FTA talks enter second round

May 7, http://biz.thestar.com.my/news/story.asp?file=/2010/5/7/business/6208954&sec=business

KUALA LUMPUR: The European Union (EU) is going to have a second round of meetings with the Government in June to explore the feasibility of agreeing to a free trade agreement (FTA).

Kenya: Attorney General office dismiss lawyer's claims

May 6, http://www.nation.co.ke/News/AG%20office%20dismiss%20lawyer%20claims/-/1056/913246/-/gckbl3z/-/

The State Law Office has dismissed accusations by a city lawyer that its officers have been deliberately losing cases against the government. While seeking to strike out an affidavit filed by lawyer Kenneth Kiplagat, Deputy Solicitor General Muthoni Kimani told the court Thursday that it was not true that the AG's office has also been compromising some cases. She said the contents of the statement were injurious to the AG's office.

...

In the affidavit, the lawyer alleges plans by the civil department in the AG's office to weaken Kenya's case before the International Centre for Settlement of Investment Disputes (ICSID).

Merrill & Ring Forestry L.P. v. Government of Canada - Final award [pdf]

March 31, http://www.international.gc.ca/trade-agreements-accords-commerciaux/assets/pdfs/Merrill_Award-033110.pdf

Merrill & Ring Forestry L.P., a forestry and land management company incorporated under the laws of the state of Washington, filed a claim against the Government of Canada, alleging that measures imposed by the federal and provincial government, i.e., the federal surplus testing procedure and the provincial surplus testing procedure in British Columbia requiring that logs from both private and public land must be deemed surplus to provincial needs before they can be exported, caused private landowners such as Claimant loss and damage. Claimant alleges that Canada has violated NAFTA Article 1102 (national treatment), Article 1103 (most favored nation treatment), Article 1105 (minimum standard of treatment), Article 1106 (prohibition on performance requirements), and Article 1110 (expropriation).

Publication of ICSID Decisions and Awards with the Parties' Consent

http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement54

The ICSID Secretariat has initiated a project to make more ICSID jurisprudence publicly available.

To date, ICSID has published decisions and awards on the ICSID website or in the ICSID Review- Foreign Investment Law Journal, with consent of the parties involved. The Centre also publishes excerpts of the legal reasoning in an award where a party does not wish to publish that award (see Arbitration Rule 48(4)).

The purpose of the current project is to provide access to as much ICSID case law as possible, including procedural and substantive rulings. To that end, the Secretariat will be contacting parties in concluded cases to seek their authorization to publish decisions, orders and awards not yet published by the Centre. This case law will be posted on ICSID's website if both parties agree to publication. ICSID is aware that parties may view some information as confidential, in which case it will seek their consent to publish the rulings with appropriate excerpts or a general description of the relevant information, in lieu of the full text of the ruling.

ICSID appreciates the collaboration of facility users with this project. It is our hope that this project will enhance understanding of the ICSID process and international investment law. Questions about the project may be directed to icsidcaselaw [_at_] worldbank ( dot ) org.

The Netherlands, Italy in dispute over cheap gas

May 7, http://www.dutchnews.nl/news/archives/2010/05/the_netherlands_italy_in_dispu.php

The Netherlands and Italy are embroiled in a high-profile row about cheap gas exports, the Financieele Dagblad reports on Friday. The paper says the Netherlands wants to end the special deal for Italy established in the 1960s in an effort to stop Italy buying cheap gas from Moscow.

...

The dispute is currently under arbitration in Switzerland and neither side will officially comment, the paper says. 'We are required to keep this confidential,' a GasTerra spokesman said. Sources say the dispute is being discussed at government level.

Specialized maritime Arbitration center in West Africa underway

May 4, http://www.vanguardngr.com/2010/05/04/specialized-maritime-arbitration-center-in-west-africa-underway/

A specialised Maritime Arbitration and Alternative Dispute Resolution (ADR) Center is to be established for the West and Central African Sub-Region. This was contained in the Communiqué issued at the end of the two-day International Conference on Promoting Maritime Arbitration and Alternative Dispute Resolution in the West and Central African sub-region which took place in Lagos.

PKN ORLEN Statement of Claim regarding arbitration proceedings against Yukos International in connection with transaction of purchase of AB Mazeikiu Nafta shares

May 4, http://www.orlen.pl/EN/InvestorRelations/Pages/Regulatoryannouncementno802010.aspx

Polski Koncern Naftowy ORLEN Spolka Akcyjna ("PKN ORLEN") hereby announces that on 3 May 2010 it submitted, in the Court of Arbitration at the International Chamber of Commerce, the Statement of Claim against Yukos International UK B.V., headquartered in the Netherlands ("Yukos International") regarding claims of payment of the amount of USD 250 million together with interest and costs of proceedings.

On 15 July 2009 PKN ORLEN submitted, in the Court of Arbitration at the International Chamber of Commerce, the Request for Arbitration, that initiated the arbitration proceedings against Yukos International in connection with transaction of purchase of AB Mazeikiu Nafta shares (currently AB ORLEN Lietuva). The Statement of Claim submitted by PKN ORLEN on 3 May 2010 specifies claims made in the request for arbitration and supports them by numerous evidences. The proceedings is running in London, in Arbitration Court composed of three arbiters, based on Rules of Arbitration Proceedings of the International Chamber of Commerce.

The requested by PKN ORLEN amount of USD 250 million in the arbitration proceedings was deposited in the escrow account, as a part of the payment for AB Mazeikiu Nafta shares in order to secure the potential claims of PKN ORLEN towards Yukos International in respect to differences between some Yukos International's statements made on 14 December 2006 with the actual state of AB Mazeikiu Nafta.

PKN ORLEN reserved a right to increase its demands or to make additional claims, if it prove justified in the course of arbitration proceedings.

PKN ORLEN owns 100% of AB ORLEN Lietuva shares.

Thales: Result of the arbitration with the Republic of China (Taiwan)

May 3, http://www.thalesgroup.com/Pages/PressRelease.aspx?id=12795

Thales has been notified of the award handed down on 3 May, 2010, in the arbitration against the Republic of China (Taiwan). This award has been made as a result of an alleged breach of the terms pertaining to the use of intermediaries contained in a contract entered into in 1991 by Thomson-CSF (now Thales) for the supply of six Lafayette frigates to Taiwan.

The total amount of the award is set to 482 million US dollars and 82 million euros, bearing interest as from August 2001; as well as around 15 million euros, bearing interest as from today, i.e. a total of around 630 million euros (including interest).

Thales disputes the very grounds of this decision. The company will initiate all available proceedings and actions against this award, and will in particular file petition for nullity in front of the Paris Court of Appeal.

The share of Thales in this litigation represents 27.463% of the total, and corresponds to its industrial share in the supply contract. Taking into account the provisions previously booked, an additional provision of about 35 million euros (pre-tax) will be booked on a protective basis in the company's accounts as of 30 June, 2010.

Pakistan to move arbitration court on Kishanganga project

May 3, http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/19-construction-of-kishanganga-project-by-india-pakistan-to-move-arbitration-court-350-hh-01

Pakistan has finally decided to approach the International Court of Arbitration against construction of the controversial Kishanganga Hydropower Project by India in alleged violation of 1960 Indus Waters Treaty and has formed a team of legal experts to fight the case.

Informed sources told Dawn on Sunday that Professor Kaiyan Homi Kaikobad, an international legal expert of Pakistan origin, would lead the team at the International Court of Arbitration.

BIT negotiations restart between USA and Pakistan

May 2, http://pakistanchamberusa.com/pccusa/2010/05/02/bit-negotiations-restart-between-usa-and-pakistan/

Pakistan Chamber of Commerce USA (PCC-USA) has been active in creating awareness among Pakistani trade groups about BIT effectiveness and importance.

Jose Alvarez, leading international law scholar, is appointed Special Adviser to the Office of the Prosecutor of the International Criminal Court

Apr 28, http://www.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/news%20and%20highlights/pr518?lan=en-GB

ICC Prosecutor Luis Moreno-Ocampo today announced the appointment of Professor Jose Alvarez as his Office's Special Advisor on International Law. "Professor Alvarez is one of the leading academics in international law," said Prosecutor Moreno-Ocampo. "He has written extensively on the law-making powers of international organisations and on the ad hoc international war crimes tribunals for the former Yugoslavia and Rwanda."

As Special Adviser to the Office of the Prosecutor (OTP), Professor Alvarez will focus on any public international law questions that arise in the course of the Prosecutor's duties. This may include, for example, the relationship between the Security Council and the International Criminal Court.

...

World Bank bans Macmillan publishers

May 7, http://news.icm.ac.uk/business/world-bank-bans-macmillan-publishers/6389/

International publishers Macmillan has been banned from all World Bank contracts for the next six years. International publishing company Macmillan has been banned from all World Bank contracts for the next six years. Macmillan, one of the best-known international publishers, has been banned from all World Bank contracts for the next six years, after admitting to bribery payments relating to a Trust Fund-supported education project in southern Sudan. The publisher has been declared "ineligible to be awarded World Bank-financed contracts" and has itself voluntarily referred its concerns to the Serious Fraud Office (SFO) over the "improper and unauthorised payments made to public officials in southern Sudan in an unsuccessful bid to secure a contract funded by the World Bank".

...

RosGas asks Moscow court to confirm it as Emfesz owner

Apr 30, http://bbjonline.hu/?col=1000&id=52624

Switzerland-based RosGas has asked a Moscow arbitration court to confirm its purchase of Hungarian gas company Emfesz from Mabofi Holding, Emfesz managing director István Góczi said in Budapest on Friday.

ICJ Maritime Dispute (Peru v. Chile) - The Court authorizes the submission of a Reply by Peru and a Rejoinder by Chile, and fixes time-limits for the filing of these pleadings

Apr 28, http://www.icj-cij.org/docket/files/137/15907.pdf

THE HAGUE, 28 April 2010. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, has authorized the submission of a Reply by the Republic of Peru and a Rejoinder by the Republic of Chile in the case concerning Maritime Dispute (Peru v. Chile).

By an Order of 27 April 2010, the Court fixed 9 November 2010 and 11 July 2011 as the respective time-limits for the filing of these written pleadings.

The Court's decision was made taking account of the agreement of the Parties and the circumstances of the case. The subsequent procedure has been reserved for further decision.

BMSV Puts Acquisition on Hold, GGF to File for Arbitration (thepiratebay.org)

Apr 28, http://www.pr-inside.com/bmsv-puts-acquisition-on-hold-ggf-r1859958.htm

Business Marketing Services, Inc ("BMSV" or the "Company") a development stage company in Cambridge, MA announced that Global Gaming Factory X AB of Sweden ("GGF") had begun the process of commencing an arbitration proceeding with the Arbitration Institute of The Stockholm Chamber of Commerce ("SCC") to gain access to the underlying Domain Name Portfolio including thepiratebay.org and other related domain names in compliance with the Escrow Agreement between Reservella Ltd and GGF. BMSV has postponed its acquisition of The Pirate bay and will await the SCCs decision. The arbitration proceeding does not affect BMSV's plans to acquire certain bittorrent sites and introduce a next generation filesharing technology.

Arbitration with Peregrine Adjourned in Order to Negotiate Joint Venture Agreement

Apr 30, http://www.indicatorminerals.com/s/News.asp?ReportID=397355&_Type=News&_Title=Indicator-Minerals-Announces-2-Million-Exploration-Program-at-Nanuq-North

Indicator Minerals Inc. today announced that it has reached an agreement (the "Adjournment Agreement") with Peregrine Diamonds Ltd. ("Peregrine") to adjourn arbitration hearings scheduled for May 2010 involving the Nanuq North Project in order to allow Indicator and Peregrine to negotiate a Joint Venture Agreement with respect to the Nanuq North Project. As a term of the Adjournment Agreement, Indicator and Peregrine have agreed to conduct a $2.0 million exploration program at Nanuq North in 2010.

"We have had constructive discussions with Peregrine regarding the issues material to the arbitration involving the Nanuq North Project and feel confident that an equitable joint venture agreement can be achieved," says Bruce Counts, President and CEO of Indicator Minerals. "We are also eager to resume work at Nanuq North. The exceptional initial diamond results from the NQN-001 kimberlite and the high potential for the discovery of additional kimberlites make this a promising and exciting project."

Indicator and Peregrine have agreed to equally fund the 2010 exploration program at Nanuq North. The primary goal is the evaluation of the NQN-001 kimberlite.

LCIA India - Arbitration Rules adopted to take effect for arbitrations commencing on or after 17 April 2010

http://www.lcia-india.org/Arbitration.aspx

Where any agreement, submission or reference provides in writing and in whatsoever manner for arbitration under the rules of LCIA India, the parties shall be taken to have agreed in writing that the arbitration shall be administered by LCIA India, a permanent arbitral institution, and shall be conducted in accordance with the following rules (the LCIA India Rules) or such amended rules as LCIA India and the Court of the LCIA (the LCIA Court) may have adopted hereafter to take effect before the commencement of the arbitration. The Rules include the Schedule of Costs in effect at the commencement of the arbitration, as separately amended from time to time by LCIA India and the LCIA Court.

LCIA India - Notes For Arbitrators

http://www.lcia-india.org/Notes_For_Arbitrators.aspx

Arbitration is now the first choice option for the binding resolution of commercial disputes in the widest range of contractual relationships and across many jurisdictions.

Pan American files for arbitration against Bolivia

Apr 27, http://in.reuters.com/article/oilRpt/idINN2712145020100427

Reuters - Argentine-based energy firm Pan American Energy has filed a case for arbitration against Bolivia at a World Bank tribunal over the nationalization of its subsidiary in the Andean nation last year. ICSID, said on its website on Tuesday that it had accepted a case for arbitration proceedings filed by Pan American against Bolivia, but gave no further details. Officials at Bolivia's Nationalizations Ministry said they could not comment on the ICSID announcement.

Report: Mining for Profits in International Tribunals

Apr 29, http://justinvestment.org/2010/04/mining-for-profits-in-international-tribunals/

Transnational corporations are increasingly turning to international arbitration tribunals to resolve disputes over natural resource rights, new report reveals

Washington, DC - In conflicts over rights to valuable natural resources, transnational companies are increasingly using a powerful new weapon - the right to sue governments in international arbitration tribunals. A new Institute for Policy Studies report, "Mining for Profits in International Tribunals," documents the increased use of these rights by transnational corporations involved in the oil, mining, and gas industries. Most countries in the world are obliged to provide such sweeping foreign investor rights through an expanding web of international arbitration tribunals, bilateral investment treaties and free trade agreements. The report finds that at the most frequently used tribunal, the International Center for Settlement of Investment Disputes (ICSID), 32 of the 128 pending cases are related to oil, mining, or gas. By contrast, ten years ago there were only three such cases.

…

"The oil, mining, and gas cases highlighted in this report are just one illustration of the imbalance in current rules that govern international investment, says Sarah Anderson, IPS Global Economy Project Director. "Policymakers should pursue alternative approaches that would promote a more equitable balance between corporate interests and the broader public interest."

The Institute for Policy Studies is a community of public scholars and organizers linking peace, justice, and the environment in the U.S. and globally. IPS has partnered with The Democracy Center, based in Bolivia, to create a Network for Justice in Global Investment to help facilitate a debate over a range of policy options, including withdrawing from the current system, re-writing the rules to support sustainable development and protect national sovereignty, and replacing the system with alternative institutions. To learn more, see: www.justinvestment.org.

CPR Pilot Economical Litigation Agreement Unveiled, April 19 (Posted April 27)

Apr 19, http://www.cpradr.org/tabid/45/articleType/ArticleView/articleId/584/Default.aspx

New model contractual agreement that companies can use to limit litigation costs.

Daniel Winslow, a Boston partner and litigator at international law firm Duane Morris LLP, and The International Institute for Conflict Prevention & Resolution (CPR Institute), a nonprofit think-tank and alliance of global corporations, law firms, scholars, and public institutions, are pleased to announce the rollout of a pilot program for the CPR Institute's first model Economical Litigation Agreement (ELA).

A means of containing civil litigation costs, ELA is a hybrid of civil litigation and arbitration, whereby parties agree to use standard, limited-scope discovery procedures in lieu of conventional discovery. Ideally, companies would incorporate the model agreement into contracts with partners, suppliers and customers at the start of a business relationship.

Colloquially known as a "litigation prenup," the model agreement includes a mandatory prelitigation dispute resolution section, which includes a clause calling for executives to negotiate directly with one another.

The model agreement was fine-tuned over the past year by an informal focus group of in-house attorneys from Abbott Laboratories, Bechtel Group Inc., Cisco Systems Inc., General Electric Co. and Microsoft Corp. and others One of the agreement's major innovations is the use of an arbitrator to enforce a discovery contract.

"CPR's model ELA allows the parties to have a judge decide a case on its merits, but the process is shaped by the parties and enforced by an arbitrator through binding arbitration", said Duane Morris' Winslow.

Kathleen Bryan, president and chief executive officer of the CPR Institute said, "This model agreement is essentially a series of default provisions based on what the CPR Institute has learned over the past 30 years of bringing together business leaders and their counsel to define best practices in commercial conflict management. It is a direct response to our member companies' need for more control over the pretrial process."

The ELA enjoys support from David Burt, a corporate counsel at I.E. du Pont de Nemours and Co. and a member of the CPR Institute's executive advisory committee. "Although many companies have agreements to arbitrate or mediate disputes or for senior executives to negotiate before going to court, the economical litigation agreement is a new idea," Burt said. "I foresee that it will be built into agreements once it is ready."

The model ELA debuted on April 15 at "American Justice at a Crossroads: A Public & Private Crisis," a conference co-sponsored by Pepperdine's Straus Institute for Dispute Resolution and the CPR Institute in Malibu, California.

Italians May Take 'Anything' to Drop Argentina Bonds

Apr 26, http://www.bloomberg.com/apps/news?pid=20601087&sid=a7k5Nb1QEvn0&pos=4

Bloomberg - Most Italians who own Argentine defaulted bonds are likely to take an offer from the South American country to swap $20 billion of the securities for new debt, said a Rome-based lawyer and adviser to small investors.

...

Arbitration

In 2006, TFA asked the Washington-based International Centre for Settlement of Investment Disputes to arbitrate its case. The group said in the statement that it's still "firmly committed" to the arbitration.

A positive outcome for TFA would enable creditors to seize Argentine assets in 150 countries, the group said in a June 2009 statement.

Giannandrea Leonardi, whose family inherited 115,000 euros worth of bonds that his father bought in 1998, said he may enter the restructuring because efforts by TFA, in which he is a participant, have been fruitless so far.

UralChem Sued for $106 Million Over Supply Contracts

Apr 27, http://www.times.spb.ru/index.php?action_id=2&story_id=31312

Bloomberg - UralChem, seeking to raise as much as $642 million in a London initial public offering, is being sued for 3.1 billion rubles ($106 million) over failing to buy agreed volumes of raw materials. ... Moscow Arbitration Court spokesman Dmitry Tafintsev said the court received a 1.7 billion ruble lawsuit against UralChem and its unit and will decide within five days whether to review the claim. Apatit filed two suits against Voskresensk Thursday with the Moscow Region Arbitration Court, a court spokesman said.

Pakistan: Supreme Court allows settlement of LNG contract case through arbitration

Apr 27, http://www.onlinenews.com.pk/details.php?id=161981

ISLAMABAD - The Supreme Court has accorded permission for settlement of LNG case through arbitration besides issuing directives that matter related to award of contract be again referred to Economic Coordination Committee (ECC) and the court be informed in this regard after consultation with the prime minister Syed Yousuf Raza Gilani in this respect and taking into confidence the other companies.

The secretary petroleum has assured the court that he will consult the prime minister and inform the court today on this count while the court ordered that matter is of national importance therefore, it be sorted out soon.

PODCASTS

IDN Podcast: Negotiating for a Sole Arbitrator--Part II of 'How Many Arbitrators?' May 11

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, returns for Part II of "How Many Arbitrators?" The focus is on choosing a tribunal, and addresses why you want to negotiate for a sole arbitrator.

EVENTS

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.

FIAA Workshop: Questioning of Expert Witnesses in International Arbitration, 1 - 3 July 2010 [pdf]

1 - 3 July 2010. Windsor, England, just outside of London. http://fiaa.com/files/FIAA%20July%202010%20Flyer.pdf

This learning-by-doing workshop is designed to provide international arbitration practitioners with advanced skills and techniques for examining and cross-examining expert witnesses based on a mock arbitration case.

Tax Dispute Resolution & Litigation Summit - 8th July 2010

Sofitel St James, London. http://www.informaglobalevents.com/KW5127TDMW

The Tax Dispute Resolution & Litigation Summit programme, drafted in consultation with some the most distinguished experts in the field, features an authoritative silk speaker faculty and will be congregating some of the finest direct and indirect tax QCs in the country, leading law firms and industry experts. HMRC Solicitor's Office will of course be represented at its most senior level in the person of Anthony Inglese, General Counsel & Solicitor, while the keynote speech will be delivered by Sir Stephen Oliver QC.

Third Investment Arbitration Forum 2 - 3 September 2010, Mexico

Mexico, D.F. http://www.juridicas.unam.mx/

The Investment Arbitration Forum (IAF) is looking for speakers and suggestions for topics for the Third Investment Arbitration Forum which will take place at the Instituto de Investigaciones Jurídicas (“IIJ”) of the National Autonomous University of Mexico (“UNAM”) in Mexico City on September 2 and 3, 2010. See "Call for speakers, topics and articles" (pdf) for more information.

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.

Foreign Direct Investment International Moot Competition (FDI Moot) 22-24 October 2010

The 2010 Oral Rounds will be held 22-24 October 2010 at Pepperdine University School of Law in Malibu, Cailfornia (on the Pacific Coast 20-45 minutes north of Los Angeles).

The "FDI Moot Problem 2010" and other information is available on the website http://www.fdimoot.org/

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

Judge Shi Jiuyong, former President and former Vice-President of the Court, will resign as a Member of the Court with effect from 28 May 2010

May 11, http://www.icj-cij.org/presscom/files/7/15927.pdf

Mr. Shi Jiuyong, former President and former Vice-President of the International Court of Justice (ICJ), will resign as a Member of the Court with effect from 28 May 2010.

Judge Shi's term as Member of the Court would have expired on 5 February 2012.

The United Nations Security Council has fixed 29 June 2010 as the date for the election of his successor by the Security Council and the General Assembly. The Member of the Court then elected will complete Judge Shi's term, serving until 2012.

A Member of the Court since 6 February 1994, Judge Shi was re-elected as from 6 February 2003. He was the Vice-President of the Court from 2000 to 2003, and its President from 2003 to 2006.

A former Legal Adviser in the Ministry of Foreign Affairs of the People's Republic of China and former member of the International Law Commission of the United Nations, Judge Shi currently serves as Honorary President of the Chinese Society of International Law, and as President of the Curatorium of the Xiamen Academy of International Law, China. He is also a member of other learned bodies and is the author of numerous publications on international law.

AAA Elects New Board and Executive Committee Chairpersons

May 3, http://www.adr.org/sp.asp?id=37929

May 3, 2010 -- The American Arbitration Association elected new chairpersons for its Board of Directors and Executive Committee and 12 new board members during its recent annual meeting.

Joia M. Johnson, executive vice president, general counsel, and corporate secretary of Hanesbrands Inc., is the new AAA Board of Directors chairperson, while John J. Kerr, of counsel to Simpson Thacher & Bartlett LLP, is the new Executive Committee chairperson. They were elected at the Association's annual meeting in New York City on April 29.

Johnson, who is responsible for overseeing the legal and corporate social responsibility functions of Hanesbrands, has more than 20 years of legal and business experience, including the creation and development of corporate law departments. She received a law degree from the University of Pennsylvania School of Law, an MBA from the Wharton School of Business at the University of Pennsylvania, and a bachelor's degree in public policy and economics from Duke University.

Kerr was a partner at Simpson Thacher and the head of its International Arbitration Group until his retirement in 2009, after 32 years at the firm. He has represented major domestic and foreign corporations, including General Electric, Ford Motor Co., and Bechtel in complex commercial cases. As an arbitrator, he has served in a wide range of commercial cases, including intellectual property, investment, and construction disputes. He received a bachelor's degree in history and economics from Boston College, where he graduated summa cum laude. He received a law degree from Columbia Law School, where he was a Harlan Fiske Stone Scholar, an International Fellow, a National Scholar of the Seventh Circuit, and editor-in-chief of the Columbia Journal of Environmental Law .

The 12 newly elected board members are:

Guillermo Aguilar-Alvarez, Henri C. Alvarez, Jacquelin F. Drucker, John Fellas, Toni D. Hennike, Jean E. Kalicki, https://www.transnational-dispute-management.com/authors/author_detail.asp?key=27, David Kreider, Billy R. Martin, Michael D. Nolan, Jan Paulsson, Edna Sussman.

Freshfields elects 18 in new generation of partners

Mar 29, http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=2063

International law firm Freshfields Bruckhaus Deringer has today announced the election of 18 new partners. The promotions take effect from 1 May 2010.

The new partners include: (Dispute Resolution) Giuseppe Curto (Milan), Boris Kasolowsky (Frankfurt), Noah Rubins (Paris), Tom Snelling (London)

Fulbright Partner Philip Punwar Elected Vice Chair of ICC's UAE Arbitration Steering Committee

Apr 16, http://www.fulbright.com/index.cfm?fuseaction=news.detail&article_id=8904&site_id=286

The International Chamber of Commerce (ICC) UAE Chapter has elected Fulbright partner Philip Punwar as one of four vice-chairmen of the Steering Committee charged with establishing and overseeing ICC UAE's newly formed Arbitration Commission.The Arbitration Commission will further promote and develop international arbitration in the UAE and the wider region.

BOOKS

Arbitration (Scotland) Act 2010 (Fraser Davidson, Hew R Dundas and David Bartos)

Professor Fraser Davidson, Hew R Dundas and David Bartos
ISBN: 9780414017726
Full price £70.00

Essential new text from W. Green publishing in June 2010. 10% Discount for TDM/OGEMID members - pre order your copy today (contact us for details)

This annotated version of the recently-enacted Arbitration (Scotland) Act 2010 provides a full copy of the Act, including Schedule 1 - Scottish Arbitration Rules, commented on by three experts in the field. The three authors were involved in the detailed drafting of the legislation to an unprecedented extent and so are able to provide unparalleled insight and guidance for those who will use the Act and this book as a necessary daily source of direction.

The book includes a Foreword by John Campbell QC, President CIArb in 2009 and himself heavily involved in progressing the Bill through the parliamentary system.

Nobody wishing to know about arbitration in Scotland, whether in Scotland or anywhere in the world will be able to do so without a clear understanding of the new Act. This book is a response to this need and the best resource available for a full understanding of this huge change in legislation.

To view the full flyer for this book http://www.wgreen.co.uk/documents/Arbitration.pdf

Due Process in International Commercial Arbitration 2nd ed

Matti Kurkela
ISBN13: 9780195377132
ISBN: 0195377133
Publisher: Oceana Publications
Country of Publication: USA
Binding: Hardback
Price: £105.00

This is the first publication to identify a universal procedural code for international commercial arbitration. This informative and well-argued discussion of a uniform code for due process is a useful aid for both practitioners and scholars. More than just a useful desk reference, this publication uncovers a unifying arbitration principle in light of the diversity of national traditions. The author Matti S. Kurkela demonstrates how this unifying principle might establish a new standard procedure in arbitration law.

Guiding the reader through a step-by-step analysis of due process in international commercial arbitration, the book is comprehensive without being esoteric. Due Process in International Commercial Arbitration Second Edition thus helps both practitioners new to arbitration procedure and experienced attorneys looking for a cutting-edge discussion of due process issues. It can be used as a handbook for lawyers engaged in arbitral disputes. To provide the necessary guidance for lawyers in need of quick, reliable information, author Matti Kurkela and Santtu Turunen update readers on the numerous changes made to arbitration law since the book's 2005 edition. Even more helpfully, Kurkela and Turunen have added two new chapters to show lawyers what to expect in the midst of an arbitration proceeding: a chapter on procedural rules from the New York Convention and a chapter on jurisdiction arising from sources outside the arbitration agreement. As corporations engage in more globalized commerce, and as arbitrators resolve more international legal disputes, this resource provides both the broad background and the quick reference information necessary to understand the complexities of arbitration procedure. A thorough Table of Contents, Index, and Appendix of primary documents facilitate practitioners' research in this vital book. This new edition's balance of comprehensiveness and concision make it a one-stop resource for arbitration attorneys around the world.

International Commercial Arbitration and the Arbitrator's Contract

Emilia Onyema
ISBN13: 9780415492782
ISBN: 0415492785
To be Published: February 2010
Publisher: Routledge-Cavendish

This book examines the formation, nature and effect of the arbitrators' contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator's contract in both ad hoc and institutional references. It also examines the institution's contract with the disputing parties and its effect on the arbitrator's contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator's contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America.

The primary focus of the book is an analysis of the formation of the arbitrator's contract and the terms of this contract and the institution's contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms.

International Commercial Arbitration and the Arbitrator's Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.

Contents:

1. Arbitration Agreement
2. Juridical and Relationship Theories
3. Parties to the Arbitrator's Contract
4. Formation of the Arbitrator's Contract
5. Terms of the Contracts
6. Remedies
7. Termination of the Contracts

ICSID

KT Asia Investment Group B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/09/8)

Status of Proceeding: Pending (the Tribunal holds a first session in London on May 7, 2010)

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

Status of Proceeding: Pending (pursuant to the parties' agreement, the proceeding is suspended on May 4, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on the merits in Paris on May 3-10, 2010)

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

Status of Proceeding: Pending (Continental Casualty Company files a reply for annulment with regard to its application for partial annulment on May 7, 2010)

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

Status of Proceeding: Pending (the ad hoc Committee declares the annulment proceeding closed on May 7, 2010)

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

Status of Proceeding: Pending (the Claimant files a memorial on liability and damages on April 30, 2010)

International Company for Railway Systems (ICRS) v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/09/13)

Status of Proceeding: Pending (the Claimant files a memorial on the merits on April 30, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction and liability in Paris on April 19-20, 2010)

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents on May 3, 2010)

Inmaris Perestroika Sailing Maritime Services GmbH and others v. Ukraine (ICSID Case No. ARB/08/8)

Status of Proceeding: Pending (the Tribunal issues a decision on jurisdiction on April 30, 2010)

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

Reconstituted: May 06, 2010

Composition of Tribunal: President: Peter TOMKA (Slovak) Arbitrators: Neil KAPLAN (British) J. Christopher THOMAS (Canadian)

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

Status of Proceeding: Pending (the Claimant files a memorial on liability and damages on April 30, 2010)

Astaldi S.p.A. v. Republic of Honduras (ICSID Case No. ARB/07/32)

Status of Proceeding: Pending (the parties file statements of costs on April 28, 2010)

HOCHTIEF Aktiengesellschaft v. Argentine Republic (ICSID Case No. ARB/07/31)

Status of Proceeding: Pending (the Claimant files a memorial on the merits on April 30, 2010)

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

Status of Proceeding: Pending (the Respondent files a counter-memorial on the merits on May 3, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a pre-hearing conference with the parties by telephone on May 3, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on the merits in Washington, D.C. on April 14-21, 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 response to the Claimants' observations of April 19, 2010, on May 3, 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 reply on the merits on April 27, 2010)

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

Status of Proceeding: Pending (the suspension of the proceeding is further extended, pursuant to the parties' agreement on May 3, 2010)

El Paso Energy International Company v. Argentine Republic (ICSID Case No. ARB/03/15)

Status of Proceeding: Pending (the Respondent files observations on the Claimant's request for production of documents on April 26, 2010)

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

Status of Proceeding: Pending (on April 28, 2010, Continental Casualty Company files a counter-memorial on annulment with regard to the application for partial annulment submitted by the Argentine Republic)

Antoine Goetz and others v. Republic of Burundi (ICSID Case No. ARB/01/2)

Status of Proceeding: Pending (Tribunal recently reconstituted)

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

Status of Proceeding: Pending (the Respondent files its counter-memorial on the merits on April 30, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a first session by telephone conference on April 23, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a first session in Washington, D.C. on April 27, 2010)

Maersk Olie, Algeriet A/S v. People's Democratic Republic of Algeria (ICSID Case No. ARB/09/14)

Status of Proceeding: Pending (the Claimant files a memorial on remaining issues on April 16, 2010)

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

Status of Proceeding: Pending (pursuant to the parties' agreement, the proceeding is suspended)

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