issue #10, week 25. 24 June 2010
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

provides a condensed overview of recent events of interest to the international arbitration community.

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NEWS

FinMin to say whether arbitration threatens in huge tender

June 22, http://praguemonitor.com/2010/06/22/finmin-say-whether-arbitration-threatens-huge-tender

CTK - The Czech centre-right coalition leaders will call on the Finance Ministry to guarantee that the Czech Republic would not face an arbitration proceedings if no winner is chosen in the huge tender for the environmental burdens's removal, possible future PM Petr Necas said Monday.

Khan Resources prepares suit against Mongolia, claiming licences taken illegally

June 22, http://www.khanresources.com/investors/news/100622.pdf

... Legal Actions and Ongoing Review

The Company also announced that it has broadened the legal actions it will initiate to recover damages and other remedies in respect of the illegal expropriation of its licenses in Mongolia and other unlawful, unfair and discriminatory actions taken by the Government of Mongolia and, in particular, the Nuclear Energy Agency of Mongolia (the "NEA"). Khan has retained the Washington D.C. law firm of Crowell & Moring LLP to commence international arbitration proceedings against the Government of Mongolia, and the necessary legal work to initiate proceedings on Khan's behalf has begun. Khan believes that it has a strong case and intends to seek a substantial damages award that reflects the significant value that Khan has created in the Dornod Uranium Project, as demonstrated by the Definitive Feasibility Study completed in March 2009. As previously disclosed, the Definitive Feasibility Study estimated an after-tax value for the Dornod Uranium Project of US$276 million (using a 10% discount rate), of which approximately $189.3 million is attributable to Khan based on its current ownership position in the project. As previously disclosed, the Company's Mongolian subsidiaries through which the licenses are held had also previously filed claims in the Mongolian courts challenging the legal basis for the purported license invalidations by the NEA. The relevant Court has accepted the filing of these claims and the proceedings are ongoing.

Khan has also engaged counsel to carefully examine the conduct and influence of the parties who have been involved in, and have benefited from, the recent events which have affected Khan's interests in Mongolia. Mr. Edey commented "Khan will be looking very closely at all necessary means to defend its interests and seek recuperation from those who have caused damage to its rights".

Khan and its legal counsel intend to vigorously defend its rights and interests, including pursuing all available rights and remedies in Canada, Mongolia and elsewhere, as necessary.

The Board of Directors of Khan is also actively engaged in identifying potential strategic opportunities that may be in the best interests of Khan and its shareholders, including possible investments in projects outside of Mongolia.

The Company is sufficiently well funded, with no debt, and is therefore well equipped to continue its activities in Mongolia, as well as pursuing the legal and strategic activities mentioned above.

Khan will provide further updates as more information becomes available.

Irish Pharmacies seek arbitration over €50m takeover

June 23, http://www.irishtimes.com/newspaper/finance/2010/0623/1224273110221.html

Three years ago, Sam McCauley Chemists, which operates a chain of pharmacies across the south-east and east, approached a smaller rival, owned by Adrian Dunne, to discuss a takeover valued at about €50 million. Following due diligence, the initiative did not go ahead, and the matter is now due to go before formal arbitration proceedings early next week. The Dunne group wants McCauley to proceed but the intended purchaser is refusing to do so, and is understood to have made a counter-claim. Arbitration is carried out in private.

National Arbitration Forum Updates Supplemental Rules

http://domains.adrforum.com/main.aspx?itemID=631&hideBar=Fal...

Effective July 1, 2010, this version of the FORUM's UDRP Supplemental Rules govern the FORUM's administration of the UDRP. Previous versions of the FORUM's UDRP Supplemental Rules are available for cases filed prior to July 1, 2010. To see what has changed in our Supplemental Rules since the March 1, 2010 version, review the redline version below.

Regulator says TNK-BP Holding pays 1.1 bln rbl antitrust fine

June 21, http://www.itar-tass.com/eng/level2.html?NewsID=15248034&PageNum=0

Itar-Tass - TNK-BP Holding, the main production unit of Russian oil major TNK-BP, has paid a 1.1 billion ruble antitrust fine, the Federal Antimonopoly Service said Monday. Russia's Supreme Arbitration Court upheld on May 25 the fine imposed by the Federal Antimonopoly Service on TNK-BP Holding for setting excessively high gasoline and kerosene prices in June-August 2008.

Circuit Court Rules for Toyo in GTY Suit

June 21, http://www.tirereview.com/Article/74827/circuit_court_rules_for_toyo_in_gty_suit.aspx

Toyo Tire USA Corp. has made some headway in its efforts to salvage its medium truck tire allocation from former GTY Tire partners Yokohama Tire Corp. and Continental Tire the Americas. On June 17, the U.S. Ninth Circuit Court of Appeals ruled that the U.S. District Court incorrectly denied Toyo's request for an injunction to prevent YTC and CTA from cutting Toyo's supply of medium truck tires and dissolution of the GTY Tire partnership.

Russian court rules against MegaFon-Turkcell merger

June 21, http://www.forexyard.com/en/news/Russian-court-rules-against-MegaFon-Turkcell-merger-2010-06-21T154613Z-UPDATE-1

Reuters - Russian tycoon Alisher Usmanov won a major step in his battle to scrap the merger of Russia's No.2 mobile firm MegaFon and top Turkish operator Turkcell after a Moscow court nullified the deal on Monday. A Moscow Arbitration court ruled on Monday in favour of the suit by Telekominvest.

Anadarko May Use Arbitration to Resolve BP Oil-Spill Dispute

June 21, http://www.businessweek.com/news/2010-06-21/anadarko-may-use-arbitration-to-resolve-bp-oil-spill-dispute.html

Bloomberg - Anadarko Petroleum Corp. may resolve a dispute with BP Plc over who should pay for the biggest oil spill in U.S. history through a private proceeding not accessible to the public.

Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case N o. ARB/09/12) - Amicus Curiae Submissions

June 10, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement61

In accordance with Article 10.20.3 of the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA-US) and ICSID Arbitration Rule 37(2), the Tribunal invites any person or entity that is not a Disputing Party in these arbitration proceedings or a Contracting Party to DR-CAFTA-US to make a written application to the Tribunal for permission to file submissions as an amicus curiae.

In the Arbitration Proceeding Initiated by Burlington Inc., an Tribunal Upheld Partially the Exceptions to Jurisdiction Raised by Ecuador

June 16, http://www.pge.gov.ec/admin/fck/FCKeditor/editor/dialog/Browser.jsp?sort=1&file=%2Fvar%2Fwww%2Fhtml%2Fpge%2Fimages%2Fupload%2Fjune4_eng.pdf

PRESS RELEASE, Quito, June 16th, 2010 - CS/223. Quito, June 16th, 2010. An Arbitral Tribunal conformed at the behest of the International Centre for Settlement of Investment Disputes (ICSID) ruled partially in favor the exceptions to jurisdiction raised by Ecuador.

On April 21st, 2008, Burlington Resources Inc., Burlington Resources Ecuador Ltd., Burlington Resources Andean Ltd. and Burlington Resources Oriente Ltd. initiated an arbitration proceeding against the Republic of Ecuador and Petroecuador, regarding the enactment of Law 42 and the operation of Blocks 23 and 24.

The Arbitral Tribunal, based on the arguments presented by Ecuador's defense team, declared that it lacked jurisdiction to hear all claims raised by Burlington in relation to Law 42, except for those related to the alleged expropriation, argued under Article III of the Treaty, by considering that Law 42 is a taxation matter under the US-Ecuador Treaty on the Promotion and Reciprocal Protection of Investments. The Arbitral Tribunal, moreover, declared Burlington's claims regarding blocks 23 and 24 inadmissible, due to the lack of a proper notification of the dispute.

Finally, the Arbitral Tribunal will decide during the period of liability, another objection raised by Ecuador concerning the inapplicability of the Bilateral Treaty clause that requires compliance with other obligations (in this case, contractual), on account of the lack of a direct legal contract link between Ecuador and Burlington Resources Inc.

Territorial and Maritime Dispute (Nicaragua v. Colombia) - The Republic of Honduras requests permission to intervene in the proceedings

June 16, http://www.icj-cij.org/docket/files/124/15959.pdf

On 10 June 2010, the Republic of Honduras filed in the Registry an Application for permission to intervene in the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia).

In its Application for permission to intervene, Honduras asserts that Nicaragua is putting forward maritime claims in its dispute with Colombia that lie in a zone of the Caribbean Sea in which Honduras has rights and interests.

Honduras points out that part of the maritime boundary between Honduras's and Nicaragua's respective territorial seas, continental shelves and exclusive economic zones was determined in the Court's Judgment of 8 October 2007 in the case concerning Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras). Honduras adds that the Court refrained at that time from specifying an endpoint of the maritime boundary between the two States in order to avoid implicating the rights of third States in the region.

Honduras further states that it concluded a maritime delimitation treaty in 1986 with Colombia and contends that it holds rights under that treaty in the maritime zone north of the 15th parallel. Honduras thus asserts that it has "an actual, present, direct and concrete interest of a legal nature in the delimitation of maritime areas in the zone to the north of the frontier line deriving from the 1986 Treaty" and that any claim by Nicaragua in respect of this zone is liable to affect Honduras's rights and interests.

Honduras states that the object of its Application for permission to intervene, based on Article 62 of the Statute of the Court, is "to protect [its] rights . . . in the Caribbean Sea by all the legal means available" and "to inform the Court of the nature of the legal rights and interests of Honduras which could be affected by the decision of the Court, taking account of the maritime boundaries claimed by the parties in the case brought before the Court".

Specifically, Honduras considers that the permission to intervene it is seeking from the Court "is aimed at protecting [its] interests of a legal nature by eliminating the existing uncertainty in respect of the fixing of its maritime boundaries with Nicaragua in the maritime zone north of the 15th parallel that is the subject of [the pending] proceedings, with a view to enhancing legal security for all States wishing to carry on their legitimate activities in the region". Honduras states that its intervention "is confined exclusively to the maritime delimitation in the zone delineated by the 1986 Treaty and excludes islands, cays and all other geographical features situated outside the maritime areas at issue".

Honduras primarily requests the Court to be permitted to intervene in the proceedings as a State party. To found the jurisdiction of the Court for this purpose as between itself, Nicaragua and Colombia, Honduras relies on Article XXXI of the American Treaty on Pacific Settlement, signed on 30 April 1948 and officially designated as the "Pact of Bogotá". Should the Court accede to its request to intervene as a party, Honduras indicates that, in accordance with Article 59 of the Statute of the Court, it "would recognize the binding force of the decision that would be rendered".

In the alternative, if the Court does not accede to its request to intervene as a State party, Honduras requests the Court for permission "to intervene as a non-party".

In accordance with Article 83, paragraph 1, of the Rules of Court, the Application of Honduras was communicated forthwith to Nicaragua and Colombia. The President of the Court has fixed 2 September 2010 as the time-limit for these two States to furnish written observations on the Application. It will be for the Court to decide whether the Application for permission to intervene should be granted. If objections are filed to the Application, the Court will hear the Parties and the Republic of Honduras before deciding, pursuant to Article 84, paragraph 2, of the Rules of Court.

Argentine gov't intervenes in Metrogas over debt

June 17, http://af.reuters.com/article/energyOilNews/idAFN1712055520100617

Reuters - The Argentine government intervened on Thursday in the country's biggest natural gas distributor, Metrogas, after the company said it could not pay its debts because of price controls. Metrogas, which is indirectly controlled by Britain's BG Group, distributes natural gas throughout the Argentine capital, Buenos Aires, and the surrounding metropolitan area, serving some 2 million clients.

See also "MetroGAS announces Chapter 11 Protection Filinguncia" June 17, http://www.metrogas.com.ar/downloads/deuda/press_170610_eng.pdf

Rurelec set for compensation talks with Bolivia

June 17, http://www.livecharts.co.uk/share_prices/news_article.php?id=3523064

The Bolivian government has called in Rurelec for compensation talks following last month's decision to nationalise the power plant operator's controlling stake in Guaracachi, the country's largest generator.

TNK-BP Loses Bid To Recover Interest On Excess Tariffs

June 17, http://english.capital.gr/news.asp?id=992853

Dow Jones Newswires - TNK-BP sued the Federal Customs Service in March, seeking to recover 921.6 million rubles ($29.6 million) in interest because the agency missed a deadline for reimbursing the oil company for its overpayment. On Wednesday, the Moscow Arbitration Court rejected TNK-BP's claim, a company spokesman said. TNK-BP will appeal the decision, he said.

Thallion Pharmaceuticals Receives Arbitration Decision on TLN-232 License Agreement

June 16, http://www.thallion.com/en/news-events/press-release.php?id=103

Thallion Pharmaceuticals Inc. announced that it received notification from the Secretariat of the International Chamber of Commerce (ICC) International Court of Arbitration that the Arbitral Tribunal has rendered a partial award in favor of the licensor of TLN-232. This binding award establishes that the License Agreement was duly terminated by the licensor effective December 22, 2008. The award stipulates that Thallion shall return all materials and information related to TLN-232 originally obtained from the licensor. Thallion is also held to be liable, in principle, for damages caused to the licensor. As is typical for this procedural approach, a decision on potential damages has been deferred to a further or final award following deliberations expected during a second part of the proceedings, unless a settlement between the parties can be reached.

"Although we are disappointed with the outcome related to this first part of the arbitration proceedings, this decision does not impact our current strategy of focusing on our lead asset Shigamabs® while we work towards initiating a Phase II study in South America later this year," said Dr. Allan Mandelzys, CEO of Thallion. "Thallion will now close its Phase II trial evaluating TLN-232 in metastatic melanoma patients which the company suspended last July following the initiation of the dispute with our licensor. We would like to thank the patients and all the clinical investigators for their participation in the study and for their patience and understanding throughout this process."

Kishenganga project set for arbitration by Intl Court

June 16, http://www.ptinews.com/news/719628_Kishenganga-project-set-for-arbitration-by-Intl-Court

PTI - India and Pakistan are set to fight a legal battle over Kishenganga power project being constructed in Jammu and Kashmir in an international court of arbitration. Pakistan named its experts for arbitration recently, following which India decided to nominate a judge of the Geneva-based International Court of Justice Peter Tomka and a Swiss international law expert Lucius Caflisch to represent it in the Kishenganga project dispute.

Chavez announces expropriation of auto parts company in Venezuela

June 16, http://www.canadianbusiness.com/markets/market_news/article.jsp?content=D9GC5JHG0

AP - Venezuelan President Hugo Chavez says his government will expropriate auto parts company AutoSeat de Venezuela and turn over its management to workers.

Global Vehicles sues automaker Mahindra & Mahindra

June 16, http://www.tribuneindia.com/2010/20100617/biz.htm#1

Automaker Mahindra & Mahindra's exclusive American distributor has filed a law suit against the company for taking too long to launch its pick-up truck in the country. Atlanta-based Global Vehicles (GV), Mahindra & Mahindra's (M&M) sole distributor in the US, in the law suit filed before an Atlanta District Court, alleged that there has been inordinate delay in the launch of the truck. ... GV also said the US dealers have spent more than $60 million in franchisee fees for the right to sell Mahindra vehicles. It has also initiated arbitration proceedings against M&M.

Uganda rejects Heritage arbitration, deposit

June 19, http://af.reuters.com/article/ugandaNews/idAFLDE65I06C20100619

Reuters - Uganda on Saturday rejected Heritage Oil's proposal to seek arbitration in London as well as an offer by the firm to deposit $108 million and settle a tax dispute blocking the sale of oil assets.

Heritage Oil Asks Uganda For Arbitration In Tax Dispute

June 17, http://www.heritageoilplc.com/resource/iqhwn2yoskkuut06q9ndufx7.pdf

…

Uganda

Since it first entered Uganda 13 years ago Heritage has been the pioneering oil company in Uganda, being the first company to explore for oil there in almost 60 years. As such, Heritage has always enjoyed good relations with Government. Heritage, as operator, discovered two of the largest oil fields in Uganda; the Kingfisher Field on the shores of Lake Albert in Block 3A and the Buffalo-Giraffe Field in Block 1. Having invested over US$150 million in the country, Heritage is proud of the part it has played in establishing the Ugandan oil industry which stands on the verge of an exciting new phase in its development.

As announced previously, Tullow Uganda Limited exercised its right of pre-emption on 17 January 2010 to acquire the Company's entire interests in Blocks 1 and 3A (the "Assets") for a cash consideration on closing of US$1.35 billion (the "Consideration") with deferred consideration of up to US$150 million in cash or an interest in a mutually agreed asset.

Heritage announced on 7 April 2010 that it had received a letter from Government stating that it supports Heritage's disposal of the Assets and will conclude its review of the transaction within eight weeks. As previously announced, the only substantive condition still outstanding and preventing completion of the disposal of the Assets is Government approval of the transaction. Government has now informed Heritage that its review of the transaction has been concluded and the only issue preventing approval from being granted is the absence of an agreement between Heritage and Government with respect to whether the disposal of the Assets is taxable in Uganda.

Heritage representatives have met with appointed officials from the Ministry of Energy and Mineral Development, Ministry of Finance Planning and Economic Development (collectively the "Ministry") and the URA on many occasions over recent weeks to resolve this remaining issue but no agreement has been reached. Heritage's position, based on comprehensive advice from leading tax experts in Uganda, the United Kingdom and North America, is that the disposal of the Assets is not taxable in Uganda. Historically, none of the corporate or asset transactions in the oil sector in Uganda which have involved the sale or transfer of a licence have been taxed. Government's current position is that the Consideration is subject to a tax of approximately US$360 million.

Heritage prides itself on its track record of compliance and good relations in all of the jurisdictions in which it operates and intends to pay any lawfully imposed tax. In an effort to resolve the situation and to expedite Government's consent, Heritage has proposed (the "Proposal") in writing that the outstanding tax dispute be submitted to binding arbitration in London under the rules established by the United Nations Commission for International Trade Law (UNCITRAL), as required under the Production Sharing Agreements between Heritage and Government with respect to the Assets (collectively, the "PSAs").

Even though Heritage is under no legal obligation to do so, it has also offered to deposit US$108 million with the URA on its receipt of the Consideration, which would be refunded to Heritage if it is ultimately determined that no tax is payable. Although the dispute will be settled in accordance with the procedures set out in the PSAs, this amount of US$108 million has been determined based on subsection 103(2) of the Income Tax Act (Uganda), which requires a taxpayer to deposit 30% of the disputed amount of tax with the URA pending final resolution of the dispute.

The Proposal is in accordance with the laws of Uganda and the terms of the PSAs and goes beyond Heritage's legal obligations and is given in good faith. Government has assured Heritage that it will respond in a timely fashion and is committed to completing the transaction as soon as possible. Heritage is of the opinion that it has done everything reasonable to obtain Government's consent to the disposal of the Assets and looks forward to completing the transaction shortly.

International Arbitration Survey "Choices in International Arbitration"

June 2010, http://www.arbitrationonline.org/survey

A major survey on international arbitration by the School of International Arbitration at Queen Mary University London (QMUL) is canvassing the views of in-house counsel in key markets worldwide.

This year's survey, entitled "Choices in International Arbitration", will consider the key factors that influence corporate choices about international arbitration. In doing so, the survey revisits and expands upon some of the themes of the first survey conducted by QMUL in 2006 which examined corporate attitudes towards arbitration.

The 2010 survey aims to have an extended geographical reach to consider international arbitration in some of the emerging markets and will include the following themes:

"Arbitration is the dispute resolution method of choice in cross-border transactions and broadening our research into emerging markets and industry sectors will help to take our previous very well received surveys yet another step further," commented Professor Loukas Mistelis, Director of the School of International Arbitration at QMUL.

The survey questionnaire can be accessed at http://www.arbitrationonline.org/survey and corporate counsel are strongly encouraged to participate. Those who wish to contribute have until the end of June to complete their responses. The report is expected to be launched at the IBA in Vancouver in autumn 2010.

The survey is sponsored by White & Case.

Ecuador's new hydrocarbons bill ready for Congress, announces Correa

June 15, http://en.mercopress.com/2010/06/15/ecuador-s-new-hydrocarbons-bill-ready-for-congress-announces-correa

Ecuador President Rafael Correa said over the weekend that a new hydrocarbons bill is ready and will be sent to the National Assembly. The bill will allow the government to speed the shift from production contracts to service contracts for oil companies operating in Ecuador.

....

Correa's administration wants to end the current production-sharing deals and replace them with service contracts that would see oil companies getting a production fee that includes a reimbursement for investment costs, while the government would own 100% of oil and gas produced

Venezuela says preliminary Exxon ruling favorable

June 11, http://af.reuters.com/article/energyOilNews/idAFN1115431720100611

Reuters - Venezuela said on Friday a preliminary court ruling signaled Exxon Mobil Corp (XOM.N: Quote) will not win its full compensation claim of $10 billion after President Hugo Chavez nationalized its oil projects in 2007. Oil Minister Rafael Ramirez said the decision by the World Bank's International Center for Settlement on Investment Disputes set a shorter time period for compensation than the U.S. oil giant had requested.

See also http://english.eluniversal.com/2010/06/11/en_eco_esp_icsid-admits-exxons_11A4003971.shtml and http://www.cnbc.com/id/37649777

Switzerland, Egypt Sign Investment Agreement

June 10, http://www.tax-news.com/news/Switzerland_Egypt_Sign_Investment_Agreement____43737.html

Switzerland and Egypt have signed an agreement on the Promotion and Reciprocal Protection of Investments. Commenting on the agreement, the Swiss Federal Administration states that: "The new agreement will offer modern protection standards to Swiss and Egyptian investors and replace the agreement in force between the two countries since 1974. It covers in essence the treatment of foreign investments by the partner country, the transfer of capital and investment returns, compensation for expropriation and dispute settlement procedures."

PCA 109th Annual Report - 2009

http://www.pca-cpa.org/showpage.asp?pag_id=1069

In the course of 2009, the Permanent Court of Arbitration (PCA) administered a record number of cases, including its first intra-state arbitration, in which the final award was delivered approximately one year after the parties' arbitration agreement was deposited at the PCA and within nine months of the constitution of the Tribunal.

Kyiv says no talks with RosUkrEnergo pending review of Stockholm ruling

June 22, http://www.kyivpost.com/news/nation/detail/70585/

Interfax-Ukraine - The Ukrainian government will not hold negotiations with Switzerland-registered gas trader RosUkrEnergo pending completion of an expert review of the Stockholm arbitration ruling, the Fuel and Energy Ministry said, citing the head of the ministry, Yuriy Boiko.

Naftohaz Not Planning Giving RosUkrEnergo 12.1 Billion Cubic Meters Of Gas From Its Balance

June 11, http://un.ua/eng/article/270304.html

"Today [June 11] I have received the award from the Stockholm Arbitration Tribunal which orders returning the expropriated gas until 1 September 2010. I have notified the Russian partners [50% of RosUkrEnergo is owned by Russia's Gazprom gas monopoly] that we cannot and won't give 11 billion cubic meters from own balance at any circumstances," said Boiko.

Ukraine to appeal RosUkrEnergo arbitration ruling

June 9, http://www.kyivpost.com/news/business/bus_general/detail/69094/

Ukraine said on Wednesday it would appeal an arbitration court ruling ordering it to transfer natural gas worth billions of dollars to a former trading intermediary owned by Russia's Gazprom and a local tycoon.

Stockholm arbitration rules in favor of RosUkrEnergo

June 9, http://www.kyivpost.com/news/nation/detail/69079/

The Arbitration Institute of the Chamber of Commerce in Stockholm has upheld the validity of RosUkrEnergo AG's position in its dispute with Naftogaz Ukrainy, but only in commodity - not monetary - terms, RosUkrEnergo told Interfax.

Many Indonesian firms prefer to go to arbitration to settle disputes

June 9, http://www.thejakartapost.com/news/2010/06/09/many-firms-prefer-go-arbitration-settle-disputes.html

Many Indonesian companies now prefer to go to international arbitration panels when settling business disputes with foreign partners, rather than going to local courts, a senior official of the Indonesian National Board of Aribitration (BANI) says.

BCB Holdings Limited asks Belize Supreme Court to enforce arbitration award

June 7, http://www.amandala.com.bz/index.php?id=9927

BCB Holdings Limited, the parent company of the Belize Bank Limited, controlled by British billionaire Michael Ashcroft, is asking the Belize Supreme Court to enforce a $40 million arbitration award against the Government of Belize - won in 2009 over the settlement deed and amending agreement given by ex-Prime Minister Said Musa, allegedly to get the Ashcroft group to abandon litigation against the Government over the shares in Belize Telemedia Limited (formerly Belize Telecommunications Limited.)

Brunei and KL to share oil and gas revenue

June 8, http://thestar.com.my/news/story.asp?file=/2010/6/8/parliament/6421375&sec=parliament

ALTHOUGH Brunei has the sovereign rights over oil blocks L and M, revenue from oil and gas explorations in the two zones will be shared with Malaysia, said Foreign Minister Datuk Anifah Aman. "I'll be honest with you. The blocks belong to Brunei. Brunei is gracious enough to share. We are in no position to make demands," said Anifah. "We have the slimmest chance if we bring the case for arbitration or to the ICJ (International Court of Justice). "If we brought it to the ICJ, we will not only lose dollars and cents, but also the friendship (with Brunei)," he said.

Venezuelan government seizing 18 food and retail distributors in latest expropriation round

June 8, http://www.google.com/hostednews/canadianpress/article/ALeqM5jIyuRbj2vV5bh_keH49R5bAoOQCQ

The Associated Press (CP), Venezuela — The Venezuelan government began taking over 18 food and retail distributors Monday, accusing them of irregularities.

Authorities have "temporarily occupied" the businesses and will later expropriate them, Commerce Minister Richard Canan told state television.

Property arbitration cases double in Dubai

June 8, http://www.arabianbusiness.com/589992-property-arbitration-cases-double-in-dubai

Construction and real estate-related disputes heard at the Dubai International Arbitration Centre more than doubled last year, it was reported on Tuesday.

DNO International ASA - Delayed final award with regards to arbitration proceedings

June 8, http://www.dno.no/Press--Media/Press-Releases/4142/DNO-International-ASA---Delayed-final-award-with-regards-to-arbitration-proceedings/

As previously reported to the market, DNO Iraq AS, a subsidiary of DNO International ASA, is involved in arbitration proceedings related to certain third party interests in Kurdistan. Based on our best time estimate when releasing the first quarter results, DNO International communicated a possible conclusion in this matter by the end of May 2010. At present, no final award has been reached and no new information is received. DNO International will publish updated information regarding the arbitration proceedings as soon as such information is available.

ANC accused of failing SA investors

June 04, http://www.thezimbabwean.co.uk/index.php?option=com_content&view=article&id=31601:anc-accused-of-failing-sa-investors&catid=70:sunday-issue

Cape Town - South Africa 's opposition Democratic Alliance party last Thursday accused the ruling ANC party of failure to ensure that the recently signed Bilateral Investment Promotion and Protection Agreement (BIPPA) offered sufficient protection to South African investments in Zimbabwe. ... The BIPPA signed by Zimbabwe and South Africa last November provides protection only to investments made after its signing excluding farms and other property that South African investors may have lost to the Harare government before the trade pact came into existence.

Vietnam Moves to Resolve South China Sea Disputes

June 06, http://www.businessweek.com/news/2010-06-06/vietnam-moves-to-resolve-south-china-sea-disputes-update1-.html

Bloomberg - Vietnam is taking steps to peacefully resolve territorial disputes in areas of the South China Sea that may be rich in oil and gas reserves, Defense Minister General Phung Quang Thanh told a defense forum.

Arbitration claims against Turkey reach $51.5 billion

June 07, http://www.todayszaman.com/tz-web/news-212322-105-arbitration-claims-against-turkey-reach-515-billion.html

Claims filed against Turkey in international arbitration bodies have reached $51.5 billion, with the lion's share of these claims brought by companies and parties connected to the embattled businessman Cem Uzan.

Slovenians Seem to Favor Arbitration in Border Dispute With Croatia

June 06, http://www.nytimes.com/2010/06/07/world/europe/07iht-slovenia.html

Reuters - Slovenians on Sunday appeared to have voted in favor of the government's deal with neighboring Croatia to let international negotiators solve their 19-year dispute over an Adriatic Sea border.

Would federal intervention in oil disaster make U.S. liable?

June 3, http://edition.cnn.com/2010/POLITICS/06/03/government.oil.spill/

... CNN legal analyst Jeffrey Toobin said an intervention into the cleanup would only hurt the government's litigation against BP.

"Undoubtedly, one of the defenses of the BP people here, both the corporation and the individuals involved, is going to be, 'Hey, the federal government was involved with this every step of the way. You knew what we were doing. You approved it. You approved all our actions. How can you turn around and prosecute us?'"

Kazmunaigas wants 10% stake in field

June 3, http://english.capital.gr/news.asp?id=983181

Kazakh Energy Minister Sauat Mynbayev Thursday downplayed Kazakhstan's dispute with the BG Group and Eni SpA-led (E) consortium Karachaganak, and said the government wasn't seeking to change the status of the contract. However, KazMunaiGas chairman Timur Kulibayev, told reporters that the company "would like to get up to 10% in Karachaganak," Kazakhstan's largest gas producing field.

RUSIA Petroleum Filed a Bankruptcy Petition after TNK-BP Served Early Repayment Notice

June 03, http://www.tnk-bp.com/press/releases/2010/6/149/

TNK-BP announced that the General Director of OJSC RUSIA Petroleum, of which TNK-BP is the major shareholder, presented a petition to the Arbitration Court of Irkutsk region to initiate bankruptcy proceedings of RUSIA Petroleum. These actions followed the submittal by TNK-BP, on May 14 2010, of an early repayment notice for a part of the loans issued to RUSIA Petroleum to finance development of the Kovykta gas condensate field.

The current financial situation precludes RUSIA Petroleum from timely repayment of its loans to TNK-BP Group. In accordance with current legislation the General Director was obligated to file a bankruptcy petition with the court.

TNK-BP announced its original decision to withdraw from the Kovykta project back in 2007. As the major shareholder and creditor of RUSIA Petroleum, TNK-BP is determined to recover its investments and minimize its financial losses. For this purpose, the company is determined to resort to the procedures prescribed by the current legislation.

Notes to editors:

RUSIA Petroleum was established in April 1992 to develop major hydrocarbon fields in the Irkutsk region. RUSIA Petroleum is the operator of the Kovykta gas condensate field. Since the beginning of its operations RUSIA Petroleum has conducted additional exploration at Kovykta, which generated reserve growth from 346 billion to more than 2,000 billion cubic meters of gas. In 2000—2007, the company executed an exploration drilling program, built surface infrastructure, infield pipelines, prepared and approved project documentation. The pilot development of the field started in 2001. In 2009, production reached 41.7 million cubic meters of gas and 2,100 tons of condensate.

At present, 62.9% of RUSIA Petroleum shares are owned by TNK-BP structures, 24.99% by OJSC OGK-3, and 10.78% by the Irkutsk regional administration.

Anaconda and New Island Settle Arbitration Claim

June 2, http://www.newislandresources.com/newsitem.php?id=108

Anaconda Mining Inc., and New Island Resources Inc., are pleased to announce that they have resolved the Arbitration commenced by New Island with respect to the interpretation of the Custom milling Agreement. Lew Lawrick, President and CEO of Anaconda stated, "The resolution of the arbitration was on mutually acceptable terms which are in the best interests of both parties. Anaconda looks forward to the completion of the Pine Cove redevelopment project with commissioning on schedule for later this month."

Harold Wareham, President and CEO of New Island stated, "New Island is pleased to have the matter settled and looks forward to the start-up of Commercial Production at Pine Cove in the near term."

Some Central American countries put brakes on mining

June 2, http://www.miningweekly.com/article/some-central-american-countries-put-breaks-on-mining-2010-06-02

Reuters - Four Central American countries, fearing environmental and political fallout from mining, have called for a halt to new projects, even as gold prices soar and copper prices rebound. Less than two hours after taking office in May, Costa Rican President Laura Chinchilla issued a decree banning all new open-pit gold mining in the country, reversing the policy of her predecessor, who had lifted the ban two years earlier.

...

Dubai International Arbitration Centre explores cooperation with China International Economic & Trade Arbitration Commission

June 3, http://www.zawya.com/story.cfm/sidZAWYA20100603101815

Dubai, UAE: Dubai International Arbitration Centre (DIAC), an initiative of Dubai Chamber of Commerce and Industry, discussed recently the bilateral arbitration relations with a Chinese visiting delegation representing the China International Economic & Trade Arbitration Commission (CIETAC) working under The China Council for the Promotion of International Trade.

PODCASTS

IDN Podcast 90: Tom Stipanowich on Protocols for Better Commercial Arbitration

Shortly after the CPR Institute's Annual Meeting early this year, IDN host Mike McIlwrath sat down for a discussion on the future of U.S. arbitration with Thomas J. Stipanowich, academic director of the Straus Institute for Dispute Resolution, at the Pepperdine University School of Law, in Malibu, Calif. "The American Bar is a rather conservative, kind of stodgy group, says Tom, adding, " I think we're at a sea change with respect to the use of litigation. I think we're confronting a lot of the same issues with binding arbitration." Tom and Mike discuss in detail how domestic arbitration can be improved with the American College of Commercial Arbitrators' 2009 protocols for expeditious cost-effective commercial arbitration.

EVENTS

Transnational Securities Class Actions, 6 July 2010

London, UK. 6 July 2010, http://www.biicl.org/events/view/-/id/548/

Participants

Chair:
The Rt Hon the Lord Collins of Mapesbury, Justice of the Supreme Court of the United Kingdom

Speaker:
Professor Linda Silberman, Martin Lipton Professor of Law, New York University School of Law, Scholar-in-Residence at Wilmer Cutler Pickering Hale and Dorr LLP

Important Note: The U.S. Supreme Court has just handed down its opinion in the case Morrison v. National Australia Bank Ltd. In this opinion, the Supreme Court departs substantially from previous case law. Professor Linda Silberman will discuss the implications of this landmark decision.

What is this event about?
The topic is transnational securities class actions, and in particular, the problem of the "f-cubed" (foreign-cubed) securities case. The f-cubed case presents the situation where claims in state A are brought by purchasers who reside outside state A and who purchased their securities from non-state A issuers on exchanges outside state A. The United States Supreme Court has this paradigm case pending before it (Morrison v. National Australia Bank Ltd) and will shortly determine the reach of U.S. jurisdiction and application of U.S. securities law in this situation. Courts in other countries are confronting similar questions. Among the issues raised by these cases are: (1) In what circumstances should a court exercise jurisdiction over a multinational securities action? (2) Which country's securities laws should apply in such a case? (3) Will court decisions or settlements of these actions be recognized in other jurisdictions?

Launch of Young ICCA

May 26, http://www.arbitration-icca.org/YoungICCA/Home.html

Rio de Janeiro saw the launch on 26 May 2010 of Young ICCA, the new grouping aimed at young practitioners world-wide and operating under the auspices of ICCA. With the launch of the Young ICCA website, the door was opened for the development of a broad-based addition to the circle of young practitioners' groupings. Marike Paulsson, Lise Bosman and Eduardo Damiao Goncalves are the office-holders of Young ICCA who will establish and develop Young ICCA in its initial phase.

Webinar on the Revision of the ICC Rules of Arbitration 23 June 2010

June 23, http://www.iccwbo.org/court/arbitration/index.html?id=37258

On 23 June 2010, ICC Events is organizing one hour webinar at 4 p.m. C.E.T. on the Revision of the ICC Rules of Arbitration: Recent developments. This webinar will be presented by Jason Fry. They will explain the reasons for starting the rules revision process, the procedure for the revision of the rules and its current status and give examples of changes which are debated. In order for the Speakers to prepare and respond amply to questions, we encourage registered participants to send their questions ahead of time by e-mail.

ICC/ITF Paris Conference: New Directions in Investment Treaty Law 2 July 2010

2 July 2010, Paris, France, http://www.biicl.org/events/view/-/id/528/

The first ITF outside London will held in Paris on 2 July Participants include: John Beechey, Professor Brigitte Stern, Raëd M Fathallah, Toby Landau QC, Carole Malinvaud, Loretta Malintoppi, Anna Joubin-Bret, Dr Nikos Lavranos, Nick Minogue, Philippe Pinsolle, Pierre Poret.

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.

Legal aspects of the choice of law in international contracts under the new “Rome I-Regulation” 9 - 10 September 2010

9 - 10 September 2010. Bourgogne, France. http://www.u-bourgogne.fr/-ROME-1-et-le-choix-de-loi-.html

This two-day conference will explore the legal aspects of the choice of law in international contracts under the new "Rome I-Regulation". Speakers from eight different member States of the EU will discuss current issues relating to choice of law, in a comparative law approach based in particular on the national courts' pratice of the Rome Convention. 9 Sep 2010 - 10 Sep 2010 Dijon - France. The conference language will be French.

Cross-Border Dispute Resolution: The Perspective for Russia and the CIS, September 14

September 14, Moscow, Russia. http://new.abanet.org/calendar/resolution-of-russia-related-business-disputes-the-next-wave/Pages/default.aspx

On September 14, 2010, the Section of International Law of the American Bar Association (ABA) will hold its award-winning conference on dispute settlement, “Cross-Border Dispute Resolution: The Perspective for Russia and the CIS.”

The conference will feature presentations by world-class Russian and foreign arbitration experts, including Professor Alexey Kostin (Chairman of the International Commercial Arbitration Court at the Russian Federation’s Chamber of Commerce and Industry (MKAS)), Peter M. Wolrich (Curtis Mallet; Chairman of the ICC Commission on Arbitration), Vladimir Khvalei (Baker & McKenzie), William R. Spiegelberger (RUSAL), Ilya V. Nikiforov (Egorov Puginsky Afanasiev & Partners), Graham Coop (Energy Charter Secretariat), Ivan Marisin (Dechert LLP), and many others.

Topics will include:

To register or for more information, please visit http://new.abanet.org/calendar/resolution-of-russia-related-business-disputes-the-next-wave/Pages/default.aspx

Arbitration on the Edge of the Rules. When does a Clever Procedural Tactic Become an Abuse? September 15

September 15, Moscow, Russia. http://www.adr.org/sp.asp?id=33639

ICDR Young & International, Moscow Arbitration Forum Below 40, and the American Bar Association's Section of International Law present: The Moscow Seminar for Young Practitioners. "Arbitration on the Edge of the Rules. When does a Clever Procedural Tactic Become an Abuse?" The program will be held from 4.30 PM - 7.30 PM, with registration opening at 4.00 PM, at The Institute of State and Law of the Russian Academy of Sciences, 2nd Floor, Znamenka Street 10, 119991 Moscow, Russia.

Where lies the border between acceptable tactics and abusive procedural tricks in international arbitration? Who guards that border and what happens if it is violated? What are the remedies against procedural maneuvers such as excessive challenges, last-minute motions, disruptive interim measures, and "Friday night filings", which are formally allowed under the applicable arbitration rules but increase time and delay and challenge due process? Please join us for a debate with international and Russian arbitration practitioners on these and other topical issues.

Our keynote speaker, Nicholas Munday, the head of litigation & arbitration at Clifford Chance Moscow, will examine the ICDR and MKAS arbitration rules in search for "ticking procedural bombs" among their provisions as well as for rule-based shields against them. His presentation will be followed by a panel discussion featuring Yulia Andreeva (Debevoise & Plimpton), Andrey Astapov (Astapov Lawyers), Dmitri Evseev (Arnold & Porter), Julia Romanova (Chadbourne & Parke), and Maria Theresa Trofaier (CMS Reich-Rohrwig Hainz).

The seminar will be followed by a reception and dinner for the speakers and participants.

This seminar is organized on the occasion of the ABA conference on Cross-Border Dispute Resolution: The Perspective for Russia and the CIS. The conference will take place on September 14, 2010, at the Lotte Hotel, 8 bld. 2 Novinskiy Boulevard, Moscow, Russia. Visit http://www.adr.org/sp.asp?id=33639 for more info.

The Swedish Arbitration Days 2010 - Damages and other relief in international arbitration, 16-17 September 2010

Näringslivets Hus, Storgatan 19, Stockholm. 16-17 September 2010, www.swedisharbitration.se

Swedish Arbitration Days 16-17 September 2010 - Damages and other relief in International Arbitration. The Swedish Arbitration Days 2010 will bring together leading international arbitration practitioners, well-known arbitrators, scholars, forensic evaluation experts and accounting experts in the appraisal of damages, among others, to discuss the issues of damages and other relief in international arbitration.

Construction Disputes Asia: Evolution or Revolution?

17 September 2010, Pan Pacific Hotel, Singapore

The Singapore International Arbitration Centre and the Society of Construction Law (Singapore) proudly present a one day conference on ‘Construction Disputes Asia: Evolution or Revolution’ on 17 September 2010 at the Pan Pacific Hotel, Singapore.

This prestigious conference offer an update of the new SIAC 2010 Rules (and its application to construction contracts including Institutional Arbitration); the problems and challenges of using a Construction Expert in dispute resolution; effective ADR from an international perspective from leading construction practitioners form United Kingdom, Australia, Hong Kong and Malaysia; and aspects specialist Energy sector Construction Contracts.

Register before 31 August 2010 and pay the early registration fee. For a limited period only, register 4 delegates and pay for only 3.

For more information on programmes and registration, please visit www.siac.org.sg. Alternatively, you can email to Ms Sylvia Beetsma at events(at)siac . org . sg or call +65 6221 8833.

Investment Treaty Arbitration, 22-23 september 2010

Gouman Charring Cross Hotel, London, UK. www.c5-online.com/arbitration

C5 has brought together the leading lawyers and arbitrators to provide you with the latest tools needed to initiate, conduct and succeed in investment treaty arbitration worldwide. In a series of highly practical sessions delivered by a faculty of the top minds in the field, you will get the most up-to-the-minute and relevant information possible on the issues shaping the investment treaty arbitration landscape now.

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.

3rd St.Gallen International Dispute Resolution Conference, 14-15 October 2010

St.Gallen, Switzerland. http://www.sg-disputeresolution.com/

Organised by the University of St.Gallen in cooperation with the University of Texas School of Law. Speakers and Moderators: Prof. Rachel Brewster, - Prof. Lucius Caflisch, - Ambassador Dr. Christian Etter, - Prof. Susan Franck, - Daniel Hochstrasser, - Prof. Dr. Christine Kaddous, - Prof. Dr. Juliane Kokott, - James Loftis, - Paul Mahoney, - Prof. Dr. Markus Müller-Chen, - Sir Richard Plender, QC. - Prof. Alan Rau, - Dean Lawrence Sager, - Prof. Akio Shimizu, - Dr. John Temple Lang, - Prof. Dr. Peter Van den Bossche, - Edwin Vermulst, - Dr. Michael Waibel, and Prof. Dr. Franz Werro.

International Investment Arbitration - The Need of Change of Legal Regulations, 26 October 2010

26 October 2010, Warsaw, Poland.

The Chairs of the Conference are prof. Andrzej Szumanski, the President of the Court of Arbitration at PCPE Lewiatan and dr Marcin Dziurda, President of the State Treasury Solicitors' Office. The panelists will be: dr Beata Gessel-Kalinowska vel Kalisz, dr Marek Swiatkowski, dyr. Maria Szymanska, mec. Bartosz Kruzewski, dr Andrzej W. Wisniewski, dr Maciej Jamka, mec. Pawel Pietkiewicz, dr Wojciech Sadowski, mec. Wojciech Jaworski, dr Katarzyna Michalowska, mec. Sylwester Pieckowski, dr Maciej Szpunar, prof. dr hab. Stanislaw Soltysinski, prof. dr hab. Grzegorz Domanski, mec. Maciej Laszczuk and mec. Justyna Szpara.

The Conference is a part of the project “Promotion of amicable methods of commercial dispute resolution” co-financed by the European Union Funds within the framework of the European Social Fund. Therefore, the Conference is free of charge. The Conference will be held in Polish and English (simultaneous translation)

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/

Cross-Examination in International Arbitration, 5 November 2010

Grand Hotel Wien, Vienna, Austria, http://www.jurisconferences.com/

Juris Conferences will be putting on a day-long seminar at the Grand Hotel in Vienna on Cross-Examination in International Arbitration. The seminar will be directed toward an expected audience of lawyers with civil law backgrounds who would like to have greater familiarity with the techniques of cross-examination, because it is a major part of international arbitration hearings.

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.

Hong Kong International Arbitration Centre 25th Anniversary, 17-20 November 2010

http://www.hkiac.org/25th, Hong Kong

This year marks the 25th anniversary of the founding of the Hong Kong International Arbitration Centre (the “HKIAC”). To celebrate this special occasion, the HKIAC will host a series of events from 17-20 November in Hong Kong.

The festivities will commence on 17 November 2010 with the Kaplan Lecture 2010 and the Opening Reception. This year's Kaplan Lecture will be delivered by Toby Landau QC.

The HKIAC 25th Anniversary Conference will then be held from 18-19 November 2010. The theme for the Conference is "Rethinking International Arbitration". The Opening Keynote Speaker will be Jan Paulsson. The Conference will include many distinguished practitioners from around the world who will serve as presenters or moderators of the various sessions. These include Lord Hoffman, Lord Goldsmith QC, Professor Dr Gabrielle Kaufmann-Kohler, Arthur Marriott QC, Albert Jan van den Berg, David W. Rivkin, Dominique Brown-Berset, Hon. Charles Brower and others.

On 20 November 2010, the HKIAC will organise a mock arbitration co-supported by the ICC Court of International Arbitration and the Chartered Institute of Arbitrators, East Asia Branch.

For more details, please visit http://www.hkiac.org/25th or contact the HKIAC by email at adr (at) hkiac [dot] org or by fax at (852) 2524 2171.

The 15th Geneva Global Arbitration Forum - Ahead of the Curve. December 8 - 9

December 8 and December 9, 2010. Geneva, Switzerland. http://www.ggaf.ch/

Jacques Werner will be the Chairman of the Conference
Programme:

Wednesday, December 8, 2010Cocktail reception at the Four Seasons Hotel des Bergues


Thursday, December 9, 2010

Conference Information

Dates and Venue:
Wednesday, December 8 and Thursday, December 9, 2010
Four Seasons Hotel des Bergues - 33, Quai des Bergues - 1201 Geneva - Switzerland

Conference Fee:
CHF 900 / US$ 860 / Euro 690. This includes cocktail reception and lunch.

Language:
The proceedings will be in English.

The number of participants is limited and registration will be accepted on a first-come, first-served basis.

The Forum is sponsored by The Journal of World Investment & Trade; The Geneva Post Quarterly; OGEL; TDM
Please visit www.ggaf.ch for updates of the conference programme.

MOVES / JOBS

John P. Gaffney Appointed to Partner at Donegans Solicitors

June 21, http://www.donegans.ie/index.php/news/73-june-2010-update

John Gaffney has joined Donegans Solicitors as a Partner bringing with him 19 years experience. Gaffney has previously worked with Freshfields in Paris and Skadden Arps in London, as well as serving with the United Nations Compensation Commission in Geneva. He has practiced commercial law as a Partner with two leading Irish corporate law firms in Dublin and Cork.

Michael Hwang will be the new chief justice of the Dubai International Financial Centre (DIFC) Courts

June 16, http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100616/BUSINESS/706169918/1005/rss

Michael Hwang, a veteran of the Singapore legal system, has become only the second chief justice of the Dubai International Financial Centre (DIFC) Courts. Mr Hwang inherits responsibility for one of the fastest-growing legal centres in the region.

First honour given for 'services to mediation' (Karl Mackie)

June 14, http://www.cedr.co.uk/?location=/news/archive/20100612_348.htm

The Centre for Effective Dispute Resolution is pleased to confirm that its Chief Executive, Karl Mackie, who has been with the organisation since its foundation in 1990, has been recognised in the Queen's Birthday Honours. Dr Mackie is awarded the CBE (Commander of the Order of the British Empire) for 'services to mediation', the first time this reason for an award has been cited, recognising his tireless work.

Nomination of Joan E. Donoghue to the International Court of Justice

June 18, http://www.state.gov/secretary/rm/2010/06/143348.htm

Hillary Rodham Clinton, Secretary of State: I congratulate Joan E. Donoghue, the State Department's Principal Deputy Legal Adviser, on her nomination by the U.S. National Group to serve as a Judge on the International Court of Justice. She is judicious, fair, an extraordinary international legal counsel, and an excellent choice for the Court.

Judge Thomas Buergenthal will resign as Member of the International Court of Justice with effect from 6 September 2010

June 10, http://www.icj-cij.org/presscom/files/5/15955.pdf

THE HAGUE, 10 June 2010. Judge Thomas Buergenthal will resign as Member of the International Court of Justice (ICJ) with effect from 6 September 2010. His term would have expired on 5 February 2015. The United Nations has fixed 9 September 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 Buergenthal's term. Judge Buergenthal has been a Member of the Court since 2 March 2000. After his first term, he was re-elected as from 6 February 2006.

Carita Wallgren-Lindholm: Advice to future arbitrators

June 8, http://www.chamber.se/?id=23696&newsid=34322

You have to be seen, unafraid and objective. Those qualities are a must if you want to become an arbitrator. This is according to the famous arbitrator Carita Wallgren-Lindholm, who has taken the step from being a partner at a large law firm to being self-employed.

BOOKS

Contemporary Issues in International Arbitration and Mediation - The Fordham Papers 2009

Edited by Arthur W. Rovine
Martinus Nijhoff Publishers
ISBN 978 90 04 18291 2
485 pages 2010
€ 130.00 / US$ 185.00 (before discount)
http://www.brill.nl/default.aspx?partid=210&pid=40217

Note: a 25% discount is available for TDM/OGEMID members. The discount, valid from today through September 15, 2010 Contact us for details.

The 2009 volume of Contemporary Issues in International Arbitration and Mediation - The Fordham Papers is a collection of important works in international arbitration and mediation written by the prominent speakers at the 2009 Fordham Law School Conference on International Arbitration and Mediation. This collection is a valuable resource for anyone involved in investor-state and international commercial arbitration and mediation, including arbitrators, mediators, advocates, scholars, government officials, international institutions, educators, and students.

Introduction, Convergence in International Arbitration,
Arthur W. Rovine

A Tribute to Aron Broches,
Arthur W. Rovine, Howard Holtzmann, Meg Kinnear.

Part I: Investor-State Arbitration

Part II: Arbitrator Ethics

Part III: Damages in International Commercial Arbitration

Part IV: The Theory and Philosophy of International Arbitration

Part V: Investor-State Mediation

Part VI: Mediation in the Context of Arbitration

Index

ICSID

Award: Gemplus, S.A., SLP, S.A. and Gemplus Industrial, S.A. de C.V. v. United Mexican States (ICSID Case No. ARB(AF)/04/3)

Concession agreement to operate the National Registry of Motor Vehicles. Outcome of Proceeding: Award rendered on June 18, 2010.

Award: Talsud, S.A. v. United Mexican States (ICSID Case No. ARB(AF)/04/4)

Concession agreement to operate the National Registry of Motor Vehicles. Outcome of Proceeding: Award rendered on June 18, 2010.

Award: Gustav F W Hamester GmbH & Co KG v. Republic of Ghana (ICSID Case No. ARB/07/24)

Award rendered on June 18, 2010.

New: Standard Chartered Bank v. The United Republic of Tanzania (ICSID Case No. ARB/10/12)

Power purchase agreement. Registered: June 11, 2010. Tribunal not yet constituted.

New: Mr. Hassan Awdi, Enterprise Business Consultants, Inc. and Alfa El Corporation v. Romania (ICSID Case No. ARB/10/13)

Press distribution and real estate. Registered June 16, 2010. Tribunal not yet constituted

New: Opic Karimum Corporation v. Venezuela (ICSID Case No. ARB/10/14)

Oil exploration and production

Registered June 16, 2010. Tribunal not yet constituted

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 the merits on June 21, 2010)

Joseph C. Lemire v. Ukraine (ICSID Case No. ARB/06/18)

Status of Proceeding: Pending (the Respondent files a counter-memorial on remaining issues on June 21, 2010)

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

Status of Proceeding: Pending (the Republic of Chile files a memorial on annulment on June 10, 2010)

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

Status of Proceeding: - Respondent files a rejoinder on the merits on June 15, 2010 - Tribunal holds a pre-hearing conference with the parties by telephone on June 22, 2010

ConocoPhillips Company and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30)

Status of Proceeding: Tribunal holds a hearing on the merits at The Hague on May 31-June 13, 2010

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

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning Amicus Curiae submissions on preliminary objections on June 10, 2010)

Mobil Corporation and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/27)

Status of Proceeding Pending (the Tribunal issues a decision on jurisdiction on June 10, 2010) Available on the ICSID Website

Murphy Exploration and Production Company International v. Republic of Ecuador (ICSID Case No. ARB/08/4)

Status of Proceeding: Pending (the Respondent files a rejoinder on the merits on June 7, 2010)

Mobil Corporation and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/27)

Status of Proceeding: Pending (the Tribunal issues a decision on jurisdiction on June 10, 2010)

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

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

Elsamex, S.A. v. Republic of Honduras (ICSID Case No. ARB/09/4)

Status of Proceeding: Pending (the Tribunal issues a decision on jurisdiction on June 4, 2010)

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

Status of Proceeding: Pending (the Respondent files a request for production of documents on June 3, 2010)

Repsol YPF Ecuador, S.A. and others v. Republic of Ecuador and Empresa Estatal Petróleos del Ecuador (PetroEcuador) (ICSID Case No. ARB/08/10)

Status of Proceeding: Pending (the Claimants file a memorial on the merits on December 17, 2009)

SGS Société Générale de Surveillance S.A. v. Republic of Paraguay (ICSID Case No. ARB/07/29)

Status of Proceeding: Pending (the Claimant files a memorial on the merits on May 31, 2010)

AES Summit Generation Limited and AES-Tisza Erömü Kft. v. Republic of Hungary (ICSID Case No. ARB/07/22)

Status of Proceeding: Pending (the Tribunal declares the proceeding closed on June 4, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a hearing on the Respondent's preliminary objections in Washington, D.C. on May 31 - June 1, 2010)