issue #12, week 32. 11 August 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.
Comments, suggestions, news?
If you have news, comments or suggestions feel free to send them.
Archived issues
Transnational Dispute Management Linkedin, Twitter, Facebook
Follow us OGEL & TDM on twitter @ogeltdm
Notice 2021: New publication:
Transnational Arbitration Observer (News & Analysis)
Covering international dispute management, arbitration, mediation, investment disputes (ISDS), and more...
TAO Twitter, TAO LinkedinLaunched 2022: Transnational Arbitration Observer (TAO) - https://taobserver.com/ - is a source of daily news and analysis aimed at keeping its readership abreast of recent developments in transnational arbitration (investment & commercial arbitration, mediation, and so forth). It complements the existing Transnational Dispute Management (TDM, ISSN 1875-4120) law journal. Visit https://taobserver.com/ and register for the daily headlines (email) or follow TAO on social media twitter.com/taobserver and linkedin.com/company/taobserver/ Questions? Contact info@maris.nl.
TDM
Young-OGEMID virtual symposia
Young-OGEMID is a free listserv associated with our Transnational Dispute Management law journal for Students and (junior) Associates - you can apply for your free membership here: www.transnational-dispute-management.com/young-ogemid/
Call for contributions
- Special Issue on Mergers and Acquisitions (M&A) Disputes and International Arbitration
Editor: Beata Gessel-Kalinowska vel Kalisz; Reviewers: Cecilia Carrara & Luminita Popa - Special Issue on Sanctions and International Arbitration: Impact on Substantive and Procedural Issues
Editors: Ali Burney, Rinat Gareev, Kiran Nasir Gore, Prof. Joel Slawotsky, May Tai - Special Issue on National Courts as a Forum for the Resolution of Disputes under Article 26 Energy Charter Treaty
Editors: John Gaffney, Richard Happ, Lucia Raimanova, Anna-Maria Tamminen, Catharine Titi - Special Issue on International Investment Arbitration - Environmental Protection and Climate Change Issues (Vol 4+)
Editors: Prof. Dr A F M Maniruzzaman, Kiran Nasir Gore, Prof. Dr Stephen Minas - Special Issue on The African Continental Free Trade Agreement (AfCFTA)
Editors: J. Chaisse, J. Górski, E. Laryea, M.M. Mbengue, and K. Olaoye
Recent issues:
- TDM 5 (2018) - Strategic Considerations in Energy Disputes
- TDM 6 (2018) - FDI Moot 2018
- TDM 5 (2018) - Regular issue
- TDM 4 (2018) - Time and Cost Issues in International Arbitration
- TDM 3 (2018) - Sir Elihu Lauterpacht QC
- TDM 2 (2018) - International Commercial and Investment Disputes in and with India
- TDM 1 (2018) - Regular issue
- TDM 5 (2017) - FDI Moot 2017
- TDM 4 (2017) - Comparative and International Perspectives on Mediation in Insolvency Matters
- TDM 3 (2017) - One Belt One Road (OBOR)
- TDM 2 (2017) - Non-Legal Adjudicators in National and International Disputes
- TDM 1 (2017) - Regular issue
- TDM 6 (2016) - FDI Moot 2016
- TDM 5 (2016) - Latin America (vol. 2)
- TDM 4 (2016) - Africa
- TDM 3 (2016) - Three Centuries of Arbitration for Peace
- TDM 2 (2016) - Latin America
- TDM 1 (2016) - CETA
- TDM 7 (2015) - FDI Moot 2015
- TDM 6 (2015) - Regular issue
- TDM 5 (2015) - Yukos Special - OGEL 5 (2015) - Yukos Special
- TDM 4 (2015) - ArbitralWomen/TDM: Dealing with Diversity in International Arbitration
- TDM 3 (2015) - Renewable Energy Disputes - OGEL 3 (2015) - Renewable Energy Disputes
- TDM 2 (2015) - Arbitration in the Middle East: Expectations and Challenges for the Future
- TDM 1 (2015) - The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century
- TDM 6 (2014) - Dispute Resolution from a Corporate Perspective
- TDM 5 (2014) - FDI Moot 2014
- TDM 4 (2014) - CILS - 8th Biennial Symposium on International Arbitration and Dispute Resolution
- TDM 3 (2014) - Regular issue
- TDM 2 (2014) - The New Frontiers of Cultural Law: Intangible Heritage Disputes
- TDM 1 (2014) - Reform of Investor-State Dispute Settlement: In Search of a Roadmap
- TDM 6 (2013) - FDI Moot 2013
- TDM 5 (2013) - Art and Heritage Disputes in International and Comparative Law
- TDM 4 (2013) - Ten Years of Transnational Dispute Management
- TDM 3 (2013) - Corruption and Arbitration
- TDM 2 (2013) - EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges
- TDM 1 (2013) - Aligning Human Rights and Investment Protection
- TDM 5 (2012) - Legal Issues in Tobacco Control
- A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought
- TDM 5 (2011) - Resolving International Business Disputes by ADR in Asia
- TDM 4 (2011) - Contingent Fees and Third Party Funding in Investment Arbitration Disputes
- TDM 3 (2011) - Intersections: Dissemblance or Convergence between International Trade and Investment Law
TDM Recently published
- International Arbitration and Mediation: A Practical Guide by Michael McIlwrath and John Savage (Book review)
- Book reviews: The Creeping Codification of the New Lex Mercatoria (K.P. Berger); ¿Cómo se codifica hoy el derecho comercial internacional? Biblioteca de derecho de la golbalización: La Ley Paraguaya (eds. J. Basedow, D.P. Fernández Arroyo, J.A. Moreno Rodríguez)
- Book review: Fraser Davidson, Hew R. Dundas and David Bartos, Arbitration (Scotland) Act 2010.
- Recent Trends in International Investment Agreements in Asia
See https://www.transnational-dispute-management.com/journal-advance-publication.asp
NEWS
India: HC allows WSG to take dispute with Sony to Singapore arbitrator
Aug 9, http://ibnlive.in.com/generalnewsfeed/news/hc-allows-wsg-to-take-dispute-with-sony-to-spore-arbitrator/217935.html
PTI - Bombay High Court today allowed World Sports Group (Mauritius) to refer its dispute with Sony MSM (Singapore) over payment of facilitation fee for the telecast rights of Indian Premier League to arbitrator in Singapore. Sony had opposed arbitration in Singapore.
...
Rosneft pays $400 mln to Yukos
Aug 9, http://en.rian.ru/business/20100809/160131740.html
The Russian state-controlled oil company Rosneft has paid Yukos Capital 12.9 billion rubles ($400 mln) in overdue debt, a company spokesman said on Monday. On June 25, the Dutch Supreme Court denied Rosneft the right to appeal a court order for it to pay Yukos Capital, a leftover subsidiary of the now defunct Russian oil giant Yukos, the equivalent of $400 million. The court upheld an April 2009 Dutch ruling that Rosneft owed Yukos Capital 13 billion rubles ($418 million) in loans dating to 2004.
...
BYT Claims RosUkrEnergo Demanding Ukrainian Court Enforcement Of Stockholm Arbitration Tribunal Resolution
Aug 5, http://un.ua/eng/article/279351.html
The Bloc of Yulia Tymoshenko claims that RosUkrEnergo (Switzerland) on July 19 turned to the Shevchenkovskyi district court of Kyiv with a petition on enforcement of a resolution issued by the Arbitration Institute of the Stockholm Chamber of Commerce (Sweden), which on June 8 bound the Naftohaz Ukrainy national joint-stock company to return 12.1 billion cubic meters of gas to RosUkrEnergo, reads a statement made by the press service to the BYT leader Yulia Tymoshenko.
Argentina Scores Second Win In World Bank Arbitration Committee
Aug 02, http://www.tradingmarkets.com/news/press-release/sre_-argentina-scores-second-win-in-world-bank-arbitration-committee-1082541.html
Argentina scored its second victory in just over a month at the World Bank's arbitration tribunal, winning an appeal to dismiss $106 million in damages over a disputed energy contract.
ICSID cancels another sentence against Argentina
Aug 1, http://www.buenosairesherald.com/BreakingNews/View/40962
A committee of the International Centre for Settlement of Investment Disputes (ICSID) ruled in favour of Argentina and cancelled a decision by which it had been condemned to pay more than US$106 million to shareholding companies of the local Southern Gas Conveyor (TGS), a news source said.
Arbitration panel backs Argentina in TGS dispute
Aug 1, http://www.reuters.com/article/idUSN0122965420100802
Reuters - A World Bank arbitration panel has ruled in Argentina's favour in a complaint lodged by U.S. investors in Transportadora de Gas del Sur, the Argentine state press agency Telam said on Sunday.
See also "La Procuración revirtió otra sentencia contra la Argentina" http://www.ptn.gov.ar/prensa_gac1deagosto.php
"Un fallo internacional anuló un laudo que había condenado a la Argentina a pagar U$S 106 millones" http://www.telam.com.ar/vernota.php?tipo=N&dis=27&sec=2&idPub=193944&id=368941
The ICSID confirms Argentina's liability for terminating the water and wastewater contracts for the city of Buenos Aires and the State of Santa Fe
Aug 2, http://www.suez-environnement.com/en/news/press-releases/press-releases/?communique_id=771
The ICSID, the World Bank's independent arbitration body, has confirmed, on July 30, 2010, the Republic of Argentina's liability in the litigation concerning the termination of the water and wastewater concession contracts for the city of Buenos Aires and State of Santa Fe, which had pitted GDF SUEZ, SUEZ ENVIRONNEMENT and AGBAR against Argentina. GDF SUEZ, SUEZ ENVIRONNEMENT and AGBAR welcome this decision which has come after many years of litigation during which the parties concerned presented their respective positions at length. GDF SUEZ and SUEZ ENVIRONNEMENT note that no complaint against them has been upheld.
Chevron urges arbitration in $27 billion Ecuador case
Aug 5, http://news.yahoo.com/s/nm/20100805/bs_nm/us_chevron_ecuador_rainforest
Reuters - Chevron Corp urged a federal appeals court not to force it into Ecuador's courts to defend a $27.4 billion lawsuit alleging its oilfields polluted the Amazon rainforest and sickened thousands of Ecuadorians.
Chevron-Ecuador verdict unlikely until 2011 - judge
July 30, http://blogs.reuters.com/braden-reddall/2010/07/30/chevron-ecuador-verdict-unlikely-until-2011-judge/
Reuters - A verdict in a multibillion-dollar trial against Chevron Corp in Ecuador over rain forest pollution looks unlikely to be reached until 2011, according to the new judge on the case. Responding to a request from the international arbitration tribunal to which Chevron appealed last year, the judge in the case estimated his verdict would not be reached for another eight to ten months.
Court rules Chevron must get some film outtakes
July 15, http://www.reuters.com/article/idUSTRE66E7AL20100716
Reuters - A filmmaker must turn over to Chevron Corp parts of raw footage from a documentary he made on the 17-year-old legal fight over oil pollution in the Amazon rainforest in Ecuador, a U.S. appeals court ruled on Thursday.
Ecuador asks that arbitration ruling be thrown out
July 9, http://uk.reuters.com/article/idUKN0916768920100709
Reuters - Ecuador said on Friday it moved to nullify a March arbitration ruling by a panel of the Permanent Court of Arbitration in The Hague that ordered the country to pay $700 million to Chevron Corp.
See also "Procuraduría General Del Estado Solicita La Nulidad De Los Laudos Emitidos En Su Contra En El Arbitraje Planteado Por Chevron-Texaco, Por Supuesta Denegacion De Justicia." http://www.pge.gov.ec/deplegarItem.do?itemid=772
Pacific Rim Mining Corp: ICSID Tribunal Rejects Government of El Salvador's Preliminary Objection
Aug 3, http://www.pacrim-mining.com/s/News.asp?ReportID=412268
The tribunal at the International Centre for Settlement of Investment Disputes ("ICSID") that is hearing the investment claims of Pac Rim Cayman LLC ("PacRim") against the Government of El Salvador ("GOES") has unanimously rejected the Preliminary Objection filed by GOES. PacRim has brought claims against GOES under the Dominican Republic-United States-Central America Free Trade Agreement ("CAFTA") and the Investment Law of El Salvador. In January 2010, GOES filed numerous arguments in support of a Preliminary Objection that sought to dispose of nearly all of PacRim's case. Hearings on the Preliminary Objection were held at ICSID on May 31 and June 1, 2010. In a decision dated August 2, 2010, the tribunal ruled in favor of PacRim, rejecting all of the arguments made in the GOES's Preliminary Objection filed under Articles 10.20.4 and 10.20.5 of CAFTA. The case now proceeds.
"We are very pleased with ICSID's decision on the Preliminary Objection," states Tom Shrake, President and CEO. "This is a positive and crucial step in the CAFTA process for PacRim. We are, however, reticent to celebrate as we believe a more productive outcome is possible for both the Salvadoran people and foreign investors. With this phase of the arbitration now completed, we hope to resume a mutually beneficial dialogue with the GOES to resolve the impasse on the El Dorado project."
See also "Pacific Rim gets favorable tribunal decision" http://ca.reuters.com/article/businessNews/idCATRE67230K20100803
ICSID Decision on GOES Preliminary Objection:
http://www.pacrim-mining.com/i/pdf/2010-08-02_ICSID_PO.pdf
Other documents http://www.pacrim-mining.com/s/RegFilings.asp
Op-ed: Pacific Rim vs El Salvador and Perils of Free Trade in Americas
July 30, http://www.eurasiareview.com/201007306223/pacific-rim-vs-el-salvador-and-perils-of-free-trade-in-americas.html
Written by Council on Hemispheric Affairs (COHA) - In 2005, then-Senator Barack Obama published an opinion piece in the Chicago Tribune entitled "Why I oppose CAFTA." In his article, released on the same date as the Senate vote on the Dominican Republic-Central American Free Trade Agreement ("DR-CAFTA"), Obama explained that he would not vote for the bill and voiced his opinion that DR-CAFTA "...does little to address enforcement of basic environmental standards in the Central American countries and the Dominican Republic." Despite well-founded fears about the consequences of DR-CAFTA among its critics, President George W. Bush and his administration lobbied heavily for the passage of the bill, which was signed into law on August 2, 2005. El Salvador became the first of the Central American nations to implement DR-CAFTA after the treaty took effect in the country on March 1, 2006.
Kishenganga dispute: Govt earmarks Rs30 crore for legal battle with Pak
Aug 8, http://www.dnaindia.com/india/report_kishenganga-dispute-govt-earmarks-rs30-crore-for-legal-battle-with-pak_1420390
With India and Pakistan set for a battle in an international court to settle their dispute over the Jammu and Kashmir-based Kishenganga hydel project, the government has earmarked Rs30 crore to take care of the legal expenses. Accusing India of breaching the provisions of the 1960 Indus Water Treaty by diverting water of the Jhelum tributary for its Kishenganga project, Pakistan had sought international arbitration in May this year after the two countries failed to resolve the issue bilaterally for over two decades.
Both the countries have already nominated two arbitrators each to contest their case in an international court of arbitration.
Iran cancels gas deal with Crescent Petroleum
Aug 07, http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100807/BUSINESS/708079887/1005
The National Iranian Oil Company (NIOC) has cancelled its contract with Sharjah's Crescent Petroleum to export natural gas to the UAE, according to a senior Iranian official. "The oil ministry's policy is the direct sale of gas to the UAE government," the semi-official Mehr news agency quoted Javad Oji as saying.
Crescent says Iran gas deal still valid
Aug 9, http://www.tehrantimes.com/index_View.asp?code=224489
Reuters - UAE-based Crescent Petroleum on Sunday said Iran did not cancel a 25-year gas supply contract it had signed with the National Iranian Oil Company (NIOC). Last week, Iranian media reported that the contact had been cancelled, quoting an official from NIOC.
India: Keep off well-reasoned awards, High Courts told
Aug 7, http://www.thehindu.com/news/national/article556033.ece
The Supreme Court has cautioned High Courts against interfering with well-reasoned awards passed by arbitrators. For, such awards are immune from challenge. A Bench consisting of Justices R.V. Raveendran and H.L. Gokhale said: "The court, while considering the challenge to an arbitral award, does not sit in appeal on the findings and decision of the arbitrator.
Uganda MPs oppose arbitration in Heritage tax row
Aug 6, http://af.reuters.com/article/topNews/idAFJOE6750FM20100806
Reuters - Some Ugandan legislators want their government to collect all the tax from the sale of Heritage Oil's assets in the country, and plan a motion to bar Kampala from seeking arbitration over the dispute. ... "If Heritage is dissatisfied with the tax assessment, why doesn't it go to the Ugandan courts to seek remedy, the oil is here in Uganda not in London," he said.
Heritage has demanded to settle the tax dispute at the international court of arbitration
July 28, http://www.newvision.co.ug/D/8/220/727151
Heritage was against paying the tax "based on comprehensive advice from leading tax experts in Uganda, the United Kingdom and North America." It demanded to settle the tax dispute via the international court of arbitration in London on depositing $108m.
Heritage Receives Government Consent for the sale of its Ugandan Interests
July 7, http://www.heritageoilplc.com/resource/h880oidkzmtayggex9f7yl6g.pdf
Heritage Oil Plc (LSE: HOIL), an independent upstream exploration and production company issues an update on Heritage Oil & Gas Limited's ("HOGL") disposal of its entire interests in Block 1 and Block 3A (the "Assets") in Uganda.
Highlights
- The Government of the Republic of Uganda ("Government") has provided conditional consent for the disposal of the Assets in Uganda
- The transaction is expected to complete within five working days following finalisation with Government of a mechanism, including arbitration, for dealing with any taxes lawfully payable from the disposal of the Assets
- Heritage has received advice that the disposal of the Assets is not taxable in Uganda
- On completion of the transaction Heritage will receive US$1.35 billion in cash from Tullow Uganda Limited, with deferred consideration of up to US$150 million in cash or an interest in a mutually agreed asset
- Following completion of the transaction Heritage will provide an update on the proposed dividend
In accordance with the Petroleum Exploration and Production Act Cap 150, Mr. Hilary Onek, Minister of Energy & Mineral Development, has given consent to Heritage's disposal of the Assets. This consent is conditional on HOGL demonstrating to Government that it will pay any taxes on demand which may arise from the disposal of the Assets.
In a separate letter Mr. Kabagambe-Kaliisa, Permanent Secretary to the Ministry of Energy & Mineral Development, advised that if HOGL was to resolve the tax matter by arbitration in London, then such arbitration would be on the basis that HOGL deposit approximately US$121.5 million, representing 30% of the disputed amount of US$404,925,000 with the Uganda Revenue Authority and provide a bank guarantee for the balance. As announced on 17 June 2010 Heritage previously proposed to Government the option of arbitration in London.
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. Heritage is considering Government's response and will update the market in due course.
Government of Uganda approves sale of Heritage's Ugandan assets to Tullow and the subsequent farmdown to CNOOC and Total
July 7, http://www.tullowoil.com/index.asp?pageid=137&newsid=668
Tullow Oil plc announces that the Government of Uganda has approved the sale by Heritage Oil & Gas Limited ("HOGL") of its 50% interest in Blocks 1 and 3A in Uganda to Tullow's subsidiary, Tullow Uganda Limited ("Tullow Uganda"), subject to conditions outlined in a Heritage Oil Plc release issued today and reproduced below. Separately, Tullow Uganda has also received approval from the Government for its farmdown to CNOOC and Total, subject to certain routine conditions that Tullow intends to discuss with the Government in due course.
See also "Government approves biggest oil sale" http://www.monitor.co.ug/News/National/-/688334/953552/-/x20q2s/-/
Congo liquidator takes over First Quantum mine
Aug 6, http://www.financialpost.com/news/Congo+liquidator+takes+over+First+Quantum+mine/3368101/story.html
A court-appointed liquidator said on Friday it has taken over the running of Toronto-listed First Quantum Minerals' Kingamyambo Musonoi Tailings (KMT) copper and cobalt project at Kolwezi in the Democratic Republic of Congo.
First Quantum says Congo project faces liquidation
Aug 4, http://www.theprovince.com/business/First+Quantum+says+Congo+project+faces+liquidation/3359117/story.html
The crisis facing a Canadian miner in the Democratic Republic of the Congo (DRC) has taken another turn for the worse as a local court has begun proceedings to dismantle its key joint venture in the country. ... Wednesday, the Vancouver-based miner said that a Congolese appeal court appointed a liquidator whose job is to break up the joint venture that governed Kolwezi. The liquidator was told "to transform the assets into cash, to transfer them to third parties either by selling them or offsetting them against the company's debts."
South Africa: Challenge to the Mineral and Petroleum Resources Development Act (MPRDA) concluded
Aug 9, http://www.citizen.co.za/index.php?option=com_content&view=article&id=102777&catid=25:local-news&Itemid=34
CAPE TOWN - International arbitration proceedings brought against SA in 2006 to challenge the Mineral and Petroleum Resources Development Act (MPRDA) and the black economic empowerment Mining Charter have been concluded. The claimants -- certain Italian investors -- had previously sought to withdraw all of their claims, the trade and industry and mineral resources departments said in a joint statement on Thursday. In an award issued on Wednesday, the arbitral tribunal formally dismissed the claims with prejudice and ordered the claimants to contribute EU400,000 (about R3.8 million) to government's costs. The claimants had argued that government had settled the claims made against it. The tribunal did not accept that argument....
Arbitration claimants satisfied with outcome
Aug 6, http://www.busrep.co.za/index.php?fArticleId=5591874&fSectionId=552&fSetId=662
International arbitral proceedings, conducted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), have now been concluded after almost four years.
South Africa: Court Rules Against Italian Investors, Endorses Mining Law
Aug 6, http://allafrica.com/stories/201008060289.html
Cape Town — An international arbitration tribunal in The Hague has dismissed an objection by Italian investors to the Mineral and Petroleum Resources Development Act and the mining charter, endorsing SA's mining legislation.
Mineral resource arbitration ends with R3.8m costs
Aug 6, http://www.busrep.co.za/index.php?fSectionId=552&fArticleId=5591721
New Yemeni investment bill equalizes foreign and national investors
Aug 2, http://www.yobserver.com/local-news/10019312.html
The Yemeni Parliament passed an alternative bill last Sunday to the current investment law. The new bill is said to be distinctive in that it refers the tax and customs exemptions to other laws and that it equates between the Yemeni and foreign investors in addition to restructuring the Investment Authority in a way that allows private sector to have representatives on the board of directors in the Investment Authority.
Ivanhoe moves to block Rio
Aug 5, http://www.watoday.com.au/business/ivanhoe-moves-to-block-rio-20100804-11fq9.html
BILLIONAIRE mining entrepreneur Robert Friedland's efforts to create competitive tension on the share register of his Canadian-based Ivanhoe to ensure that Rio Tinto cannot make a low-ball takeover bid for the $C9 billion ($A9.6 billion) group are taking shape. Speaking at the Diggers & Dealers conference, Mr Friedland said Ivanhoe was having ''very interesting discussions with a number of parties'' about taking up a stake in the company. He did not elaborate further.
Indonesia in talks with miners over new contract law
Aug 04, http://www.mineweb.com/mineweb/view/mineweb/en/page107?oid=109229&sn=Detail&pid=107
Reuters - Indonesia is in talks with mining companies to try and adjust their contracts in line with a new law that aims to boost government revenue and at the same time attract investments through streamlined procedures.
Australia Challenges Hong Kong in International Dispute Market
Aug 03, http://www.businessweek.com/news/2010-08-03/australia-challenges-hong-kong-in-international-dispute-market.html
Bloomberg - Australia opened its first international dispute resolution center, challenging Hong Kong and Singapore for business in the growing legal market. "Unfortunately we let those regional centers get the jump on us," federal Attorney General Robert McClelland said at the opening of the Australian Centre for International Commercial Arbitration in Sydney today. "Now, we're back in the game."
HKIAC reports: New Policy for Internet Keyword Dispute Resolution will be Effective from 29 August 2010
July 30, http://www.cnnic.cn/html/Dir/2010/07/29/5934.htm
HKIAC reports: New Policy for Wireless Keyword Dispute Resolution will be Effective from 29 August 2010
July 30, http://www.cnnic.cn/html/Dir/2010/07/29/5935.htm
National Environmental Investment Agency protected position of Ukraine on the international legal level
July 30, http://www.kmu.gov.ua/control/en/publish/article;jsessionid=992C2589A7FEC9C9571560F992214CF7?art_id=243563133&cat_id=243427149
National Environmental Investment Agency defended the position of Ukraine at the international level on issue of judicial sale of assigned amount units. The Chairman of the National Agency Sergei Orlenko said that at the briefing today. Sergei Orlenko noted that at the beginning of his work at the agency he faced charges of legal action for 19 million of assigned amount units and 185 million USD as compensation for failure to perform under the joint implementation of projects by the Cyprus company Naftrak LTD. "This company put forward a request to sell 19 million AAU belonging to Ukraine ... After reviewing the court decided in favor of Ukraine" - the Head of the agency said and added that the hearing took place in the Hague Court of Arbitration. Sergei Orlenko noted that this court decision helps balance the green investment market and greenhouse quotas and is barring the hot air trade.
Sapiens receives claim submitted to arbitration court in Poland
July 29, http://www.sapiens.com/LiteratureRetrieve.aspx?ID=65705
Sapiens International Corporation N.V., a member of the Formula Group, today announced that one of its subsidiaries has received a claim submitted to the arbitration court in Warsaw, Poland, from a former customer in Poland claiming an amount of approximately €3.4 million. The claim relates to a dispute regarding a project for such former customer more than two years ago. Sapiens is at a very preliminary stage of reviewing the claim.
India: Supreme Court upholds arbitration award on ONGC-Sumitomo dispute
Aug 1, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil--gas/SC-upholds-arbitration-award-on-ONGC-Sumitomo-dispute/articleshow/6243837.cms
NEW DELHI: The Supreme Court has upheld an arbitration award in a dispute between Oil & Natural Gas Corporation (ONGC) and Sumitomo Heavy Industries over income tax liability, directing the state-run firm to pay 129.6 million yen to the Japanese firm. A Supreme Court bench comprising justices RV Raveendran and HL Gokhale set aside an order of the Bombay High Court, which had in December 2001 turned down the arbitration award directing ONGC to reimburse the tax liability for a project on one of its Bombay High offshore site.
"We allow the appeal and set aside the judgment of the single judge, as well as that of the division bench (of the Bombay High Court). The award made by the umpire is upheld and there shall be a decree in terms of the award. The arbitration petition filed by the respondent (ONGC) for setting aside the award shall stand dismissed with cost," the bench said.
Philippines wins arbitration case vs Piatco
July 31, http://businessmirror.com.ph/index.php?option=com_content&view=article&id=28285:rp-wins-arbitration-case-vs-piatco&catid=23:topnews&Itemid=58
Malacañang on Saturday welcomed the victory of the Philippine government in its arbitration case against the Philippine International Air Terminals Co. (Piatco), the builder of the Ninoy Aquino International Airport (Naia) Terminal 3.
German farmers take case to ICSID
July 30, http://www.thezimbabwean.co.uk/index.php?option=com_content&view=article&id=33109:german-farmers-take-case-to-icsid&catid=52&Itemid=32
The von Pezold family, which owns Makandi Tea and Coffee Estate, Border Timbers Estate and Forester Estate that were invaded by Zanu (PF) supporters in June, has asked the ICSID to arbitrate in its conflict in Harare.
Ecuador To Submit New Model Oil Contract To Companies Friday
July 29, http://online.wsj.com/article/BT-CO-20100729-721160.html
Dow Jones - Ecuador's government plans to submit to private oil companies on Friday the model contract that will be used to exchange current production-sharing deals for service contracts. Negotiations with each company will start in the second week of August, the country's minister for non-renewable natural resources said Thursday.
Minister: Ecuador To Decide Fate Of Noble Unit's Contract by Nov
July 29, http://online.wsj.com/article/BT-CO-20100729-723784.html
Dow Jones - Ecuador will decide by November whether to continue the contract of Energy Development Corp., or EDC, a subsidiary of U.S.-based oil and gas producer Noble Energy Inc. (NBL), the country's minister for non-renewable natural resources told Dow Jones Newswires.
Secretary Gen of UN, others to name Kishenganga umpires
Juyl 29, http://www.hindustantimes.com/Secretary-Gen-of-UN-others-to-name-Kishenganga-umpires/Article1-579612.aspx
The Secretary General of the United Nations is among the international personalities who will now decide on the three neutral umpires to settle the dispute between India and Pakistan over the Kishenganga hydro power project in Jammu and Kashmir.
CLST Holdings, Inc. Announces Arbitration Award in Mexico Arbitration Proceeding
July 29, http://www.breitbart.com/article.php?id=xprnw.20100729.LA43340&show_article=1
CLST Holdings, Inc. announced today that on July 23, 2010 it received an Arbitration Award dated July 15, 2010 in its arbitration proceeding against Soluciones Inalambricas, S.A. de C.V. ("Wireless Solutions") and Prestadora de Servicios en Administracion y Recursos Humanos, S.A. de C.V. ("Prestadora") that was held in Mexico City in October of 2009.
Among other things, the Arbitration Award awarded the Company breach of contract damages of $394,230 and $102,457 relating to the Company's claim for unpaid management fees. The arbitration panel also awarded the Company interest on those two damage amounts at the rate of 6%. Interest began accruing on September 12, 2007 and will continue to accrue until the date the amounts are paid in full. The Arbitration Award also provided that each side must bear its own attorneys' fees and experts' fees and that arbitration expenses be divided between the parties.
In addition, the arbitration panel concluded that certain of the Company's claims could not be determined in the arbitration. However, the arbitration panel specifically noted in the Arbitration Award that its finding was "without prejudice to (the Company's) right, or nonexistence of such right, to bring such claims in a new arbitration." The Company is giving consideration to asserting these claims against Wireless Solutions and Prestadora.
We will not dissolve Audiomex Export Corp., National Auto Center, Inc. and CLST-NAC, Ltd., which are direct parties to, and NAC Holdings, Inc., which is an indirect party to, the arbitration proceeding, until payment is received in accordance with the Arbitration Award.
Russia's Gazprom files law suit against federal watchdog
July 23, http://en.rian.ru/business/20100723/159919910.html
The Russian gas giant Gazprom has filed a law suit against the Federal Anti-Monopoly Service (FAS) asking the court to deem illegal an FAS ruling that Gazprom violated the competition law, a Russian Agency of Legal and Court Information (RAPSI) reporter said on Friday.
Mesa Offshore Trust Announces Delay in Final Liquidating Distribution Due to Arbitration Demand
July 23, http://www.earthtimes.org/articles/press/distribution-due-arbitration-demand,1396427.html
Business Wire - Mesa Offshore Trust announced today that certain unitholders of the Trust have made a demand for arbitration ("Demand for Arbitration") under the Final Settlement Agreement dated May 19, 2009. As a result of the Demand for Arbitration and potential expenses and related contingencies associated with the Demand for Arbitration and the resolution thereof, the Trustee has decided to withhold current funds held by the Trust as a reserve for these contingent expenses and to defer making any final liquidating distribution at this time.
The claimants contend that Pioneer should have sold and accepted an offer from some of the claimant's to buy an inchoate overriding royalty interest in Brazos A-39, which constituted part of the Pioneer settlement interests and the interest of the Mesa Offshore Trust Partnership (the "Partnership"). The offer made for this interest was $125,000, which would represent approximately $0.0017 per unit. Such claimants did not offer to buy the interest in the public auction of this and other interests held in accordance with the Settlement Agreement. The Settlement Agreement set forth that if the public auction did not result in a sale of the properties, "Pioneer will have the absolute right, in its sole discretion, to cancel, extinguish, or otherwise dispose of all or part of such interests." The Trustee has been informed by Pioneer that the Brazos A-39 lease reverted to the Mineral Management Service in early March 2010, 180 days after the Midway Well ceased production back in September 2009. In addition, as previously announced, the Mesa Offshore Royalty Trust Partnership was dissolved in June 2010.
The Trustee will continue to act as Trustee and exercise its powers for the purpose of liquidating and winding up the affairs of the Trust at its termination until its duties have been fully performed and the Trust estate is finally distributed. In accordance with the Trust Indenture, the Trustee will as promptly as possible distribute the remaining assets in the Trust estate (including settlement proceeds), after paying, satisfying and discharging all of the liabilities of the Trust, or, when necessary, setting up reserves in such amounts as the Trustee in its discretion deems appropriate for contingent liabilities.
As previously announced as part of the liquidation and termination of the Trust, the Trustee set February 22, 2010 as the record date for unit holders entitled to payments of any final liquidating distributions. Accordingly, the Trustee will make payment of any final liquidating distribution only to unitholders of record as of February 22, 2010.
Perenco seeks compensation from Ecuador
July 24, http://www.marketwatch.com/story/perenco-seeks-compensation-from-ecuador-2010-07-24
MarketWatch - Anglo-French company Perenco Corp. is analyzing Ecuador's decision to end its contracts in the Andean country, and is hoping a tribunal will order compensation. "Experts would determine the amount of damages caused to the company," Perenco's regional manager told Dow Jones Newswires on Friday.
International arbitration on SL oil hedging tomorrow - German bank seeks relief under bilateral treaty agreements
July 25, http://www.sundaytimes.lk/100725/BusinessTimes/bt11.html
The Deutsche Bank-instituted arbitration with the government of Sri Lanka, with the first hearing scheduled for July 26, is considered to be a significant case for the Germany-Sri Lanka Bilateral Investment Treaty (BIT).
Two US firms aim to purchase Zorlu stake in venture
July 25, http://www.hurriyetdailynews.com/n.php?n=two-us-firms-aim-to-purchase-zorlu-stake-in-venture-2010-07-25
... The two U.S. companies [Invar and Talex] in April filed a complaint in the U.S. District Court for the Southern District of New York alleging that Zorlu Enerji and Zorlu Holding "engaged in self-dealing and fraud" to earn inflated returns on its investment. They filed a similar arbitration case in the International Chamber of Commerce of Switzerland.
South Africa: Mittal and Kumba in 'Steel Wars' Talks Truce
July 23, http://allafrica.com/stories/201007230022.html
Johannesburg — STATE intervention in the dispute between ArcelorMittal SA and Kumba Iron Ore over an interim pricing agreement had brought a speedy resolution to talks that had deadlocked, Kumba CEO Chris Griffith said yesterday.
See also "Kumba will beat Mittal, despite early setback" http://www.businessday.co.za/ articles/Content.aspx?id=115743
South Africa: International Commercial Arbitration is Good for Business
July 22, http://allafrica.com/stories/201007230692.html
Johannesburg — TOP lawyers say SA's "antiquated" arbitration law means we are losing out on a lucrative opportunity, and overburdening a civil justice system already creaking under its own weight.
Lumber dispute laid to rest
July 22, http://www.canada.com/business/Lumber+dispute+laid+rest/3310566/story.html
OTTAWA — Canada appears to have resolved at least one of its trade disputes over softwood lumber with the United States.
The U.S. has agreed to drop a 10 per cent duty imposed last year on softwood lumber imports to the U.S. from four Canadian provinces, International Trade Minister Peter Van Loan confirmed Thursday.
Bahrain seeks role in disputes
July 22, http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100722/BUSINESS/707229915/1005/
The Bahrain Chamber for Dispute Resolution hopes to double the number of arbitration cases it handles next year as the kingdom looks to become a regional centre for resolving business disputes. Since its launch in January, the chamber has handled about US$1 billion (Dh3.67bn) of claims. It expects to handle about 15 arbitration claims this year and double that number next year. In addition, it hopes to administer 15 mediation cases next year.
ICJ - Burkina Faso and Niger jointly submit a frontier dispute to the International Court of Justice
July 21, http://www.icj-cij.org/docket/files/149/15981.pdf
Telefonica Hires 2nd Legal Adviser In Arbitration Proceedings
July 21, http://www.foxbusiness.com/story/markets/industries/technology/telefonica-hires-nd-legal-adviser-arbitration-proceedings/
Dow Jones - Telefonica SA (TEF) has hired a second law firm, Dewey & Leboeuf LLP, to advise it in the arbitration proceedings it has instituted in an Amsterdam court to break up the Brazilian venture with Portugal Telecom SGPS SA (PT) through which it controls Vivo Participacoes SA (VIV), a Telefonica spokesman said Wednesday.
Georgia Limits Public Information about International Court Cases
July 21, http://www.eurasianet.org/node/61573
A new amendment to Georgia's freedom of information law is introducing strict limits on "third-party" access to information about cases involving the Georgian government in international courts. Civil society watchdogs term the change a setback for the country's democratic development. The amendment's sponsor, however, contends that the change reflects international standards.
Pininfarina - Mitsubishi Arbitration Award
July 21, http://www.pininfarina.com/index/finanza/financialNews.html
Pininfarina S.p.A. was informed of the award handed down in the arbitration proceedings between the Company and Mitsubishi Motors Europe BV. Pininfarina was a party to arbitration proceedings activate by Mitsubishi before the International Chamber of Commerce in Paris, in which Mitsubishi was seeking compensation for damages of about 43.4 million euros. The Company completely rejected Mitsubishi's claim and, in turn, filed for arbitration, asking that the Board of Arbitrators find Mitsubishi liable and, consequently, order it to pay compensation for the damages suffered by Pininfarina and for repayment of the investments made pursuant to contract.
The outcome of the proceedings was partly favorable to Pininfarina, to whom the Board of Arbitrators awarded the amount of 37,934,385 euros plus interest as repayment of the investment made under a contract to develop and produce the Mitsubishi Colt Cabrio automobile. However, the Board of Arbitrators also partially granted some of Mitsubishi's claims totaling 20,533,044 euros plus interest. As a result, the Board of Arbitrators ordered Mitsubishi to pay to Pininfarina the net amount of 17,401,341 euros plus interest, which, as of today's date, brings the total to 19,167,365 euros.
Based on the terms of the arbitration award, the Company will recognize a negative effect (included in the data at June 30, 2010 scheduled for approval by the Board of Directors) of 28,564,459 euros, including 5,947,562 euros for writedowns of Mitsubishi financial receivables (carried at 47,731,824 euros), and 22,616,897 euros for the amount that Pininfarina owes to Mitsubishi.
Indonesian Petroleum Association calls for arbitrary body to settle cost recovery disputes
July 22, http://www.thejakartapost.com/news/2010/07/22/ipa-calls-arbitrary-body-settle-cost-recovery-disputes.html
The Indonesian Petroleum Association (IPA), a powerful grouping of oil and gas companies operating in Indonesia, has suggested legislators to establish an arbitrary institution to settle cost recovery disputes between oil and gas producers with upstream oil and gas regulator BPMigas.
Gloria Macapagal-Arroyo inked 2 international documents during her last week in office
July 20, http://www.philstar.com/Article.aspx?articleId=594924&publicationSubCategoryId=63
MANILA, Philippines - Pampanga Rep. Gloria Macapagal-Arroyo had signed, during her last week as president, the country's membership to the oldest international legal organizations in the Netherlands. Philippine Ambassador Cardozo Luna transmitted to the Ministry of Foreign Affairs of the Netherlands last July 14 the Instrument of Acceptance of the Statute of the Hague Conference on Private International Law, signed on June 29, and the Act of Accession to the Convention for the Pacific Settlement of International Disputes, signed on June 25
Landmark Victory for The Republic of Croatia
July 20, http://www.earthtimes.org/articles/press/landmark-victory-the-republic-croatia,1390569.html
Press Release, Author: Latham & Watkins - The Republic of Croatia has won a resounding victory in an international arbitration brought against it by Austrian company, Adria Beteiligungs GmbH (Adria). Adria had made a series of unfounded and exaggerated claims against the Republic of Croatia and demanded compensation in excess of €80 million. In an Award dated 21 June 2010, an arbitration tribunal constituted under the United Nations Commission on International Trade Law (UNCITRAL) Rules dismissed Adria's claims in their entirety.
Russian court to consider TNK-BP's claims against Kovykta operator
July 21, http://en.rian.ru/business/20100721/159892992.html
A Siberian court will consider on August 16 including a 11.855 billion ruble ($382 million) claim by BP's joint Russian venture TNK-BP against RUSIA Petroleum in the register of creditors' claims, the court said on Wednesday.
ArcelorMittal shuts Saldanha as Kumba talks fail
July 16, http://www.mining-journal.com/production-and-markets/arcelormittal-shuts-saldanha-as-kumba-talks-fail
ArcelorMittal South Africa Ltd said it will close its Saldanha plant and cut all steel exports after failing to reach an interim iron-ore supply agreement with Kumba Iron Ore Ltd. ... Iscor's steel business, which was renamed ArcelorMittal South Africa, took ownership of the plant after Iscor was split into separate steel and mining companies. A pact agreed as part of the split entitled ArcelorMittal South Africa to buy iron ore from the mining group's Sishen mine at 3% above production costs. A dispute erupted in February after Kumba, which now controls Sishen, cancelled the nine-year-old supply pact. The dispute is now in arbitration.
New Zealand: Overseas investment law review likely to be out this week: PM
Jul 19, http://www.odt.co.nz/news/politics/116644/overseas-investment-law-review-likely-be-out-week-pm
... Last year the Government announced the vast majority of overseas investment applications would no longer need ministerial approval.
No Indo-Pak consensus on Kishenganga dispute
July 16, http://www.zeenews.com/news641499.html
New Delhi: India and Pakistan today failed to reach consensus on the names of three neutral umpires for the International Court of Arbitration which will decide on resolution of dispute over Kishenganga power project to be constructed in Jammu and Kashmir.
India scuttles move to force new arbitration clause
July 19, http://www.financialexpress.com/news/India-scuttles-move-to-force-new-arbitration-clause/648333/
New Delhi: A strong attempt by some countries, led by the US and some European nations, to force India to disallow appeals in arbitration awards was recently defeated by an Indian delegation.
India, Pak exchange experts' names for Kishenganga Arbitration
July 15, http://www.expressindia.com/latest-news/India--Pak-exchange-experts---names-for-Kishenganga-Arbitration/647053/
With the deadline for appointment of neutral umpires ending on Friday, India and Pakistan have exchanged the names of four experts each for the International Court of Arbitration to resolve the dispute over the 330-MW Kishenganga hydel project in Jammu and Kashmir.
Telkom to pay US firm $80m to settle dispute
July 15, http://www.engineeringnews.co.za/article/telkom-to-pay-us-firm-80m-to-settle-dispute-2010-07-15
Arbitration proceedings between South African fixed-line operator Telkom and US-based Telcordia, in a dispute over the termination of a customer activation and assurance system installation contract, has been concluded, with Telkom ordered to pay the US firm $80-million.
Namibia: Focus on the proposed Land Bill
July 16, http://www.newera.com.na/article.php?articleid=12032
WINDHOEK - Namibia's land reform programme was in the spotlight during the past week. A three-day Land Bill Stakeholders' National Consultative Workshop ends today in the capital. ...
Expropriation: Strengthening compulsory land acquisition or expropriation has been identified as the first strategy of the lands sub-sector in the third National Development Plan (NDP3) to bring about a more equitable distribution of and access to land.
However, the expropriation of agricultural land remains a controversial issue, as the administration of the expropriation process had violated Namibian law on several grounds, although the principle of expropriation is legal.
Under the proposed Land Bill, expropriation of agricultural land remains the same as in the Agricultural Commercial Land Reform Act (ACLRA), although the Bill introduces some changes.
Among the changes is the omission of the Land Reform Advisory Commission (LRAC) from the process of expropriation, in contrast to the ACLRA, which requires the commission to make recommendations to the minister.
The minister therefore takes all decisions about expropriation on his/her own, without the recommendation of any commission or other institution.
Telefonica could turn to courts as Vivo battle rumbles on
July 14, http://www.telegeography.com/cu/article.php?article_id=33678
The Financial Times reports that Telefonica of Spain will most likely seek arbitration in the international courts if efforts to resolve an ongoing dispute with Portugal Telecom (PT) vis a vis control of Brazilian mobile operator Vivo Participacoes is not resolved by Friday.
Telefonica eyes arbitration over PT impasse-report
July 13, http://www.reuters.com/article/idUSLDE66C0G720100713
Reuters - Spanish telecoms leader Telefonica will seek international arbitration if it does not reach a deal this week with Portugal Telecom in a tug-of-war over ownership of Brazil's biggest mobile phone company, ABC newspaper said on Tuesday.
Kazakhs Seeking More Oil Revenue Tax Chevron Unit
July 13, http://www.businessweek.com/news/2010-07-13/kazakhs-seeking-more-oil-revenue-tax-chevron-unit.html
Bloomberg - Kazakhstan plans for the first time to tax exports of crude oil from a venture led by Chevron Corp., in the government's latest effort to seek a bigger share of revenue from the country's energy wealth.
Zimbabwe mulls new Investment Bill
July 13, http://www.newsday.co.zw/article/2010-07-13-zimbabwe-mulls-new-investment-bill
Zimbabwe is enacting a new Investment Bill in the next 100 days to do a legislative make-over of its investment profile, but the provisions being proposed fall too short of what the country requires to effectively regulate foreign and domestic investments.
The proposed legislation - still at a preliminary stage - adds to the inclusive government's string of investment promotion measures engendered since its formation in February last year, including agreeing bilateral investment treaties (BIT) with potential sources of foreign direct investment (FDI).
Does rule of law really matter for development?
by Christopher Sabatini Senior
Director Policy, AS/COA and Editor-in-Chief, Americas Quarterly July 12, 2010
http://www.huffingtonpost.com/christopher-sabatini/does-rule-of-law-really-m_b_643863.html
We hear it often: the rule of law is essential for investment. For over a decade, a legion of organizations and scholars--from the World Bank to Douglass North--have argued that if countries really want to develop they need to develop an independent, impartial, pro-market system for the application of laws and their adjudication. And those that don't will be ignored by international investors and banished from the global market.
New Zealand High Court Dismisses Todd Energy Charges Against Joint Venture Partners
July 13, http://www.tradesignalonline.com/Markets/Story.aspx?id=653549&cat=7
Dow Jones - New Zealand's High Court Tuesday ruled against Todd Energy's claim that its partners in the Pohokura oil and gas field in the Taranaki basin breached the joint venture agreement and the Commerce Act by imposing restrictions on the amount of oil and gas produced by the field.
Todd Pohokura Ltd v Shell Exploration New Zealand Ltd (CIV-2006-485-1600 / 2010). Decision: http://www.courtsofnz.govt.nz/cases/todd-pohokura-ltd-v-shell-exploration-new-zealand-ltd/at_download/fileDecision
Surgutneftegas's sues Mol
July 13, http://www.mol.hu/en/about_mol/investor_relations/news_releases/2010/mol_has_received_surgutneftegas_rsquo_s_action/
MOL Plc. hereby informs the capital market participants that OJSC Surgutneftegas initiated a litigation against the Company before the Metropolitan Court in order to make void the resolution accepted on 20 April 2010 by the Board of Directors of MOL on the refusal of OJSC Surgutneftegas's registration into the share register. The Metropolitan Court has set the date of the first hearing to 3 December 2010.
Panel confirms Anheuser-Busch InBev position in Arbitration with Grupo Modelo
July 12, http://www.ab-inbev.com/press_releases/hugin_pdf%5C377489.pdf
An arbitration panel issued a decision finding that the combination of Anheuser-Busch and InBev did not violate the investment agreement between entities of Anheuser-Busch and Grupo Modelo.
Rio Tinto refers Ivanhoe's Shareholder Rights Plan to arbitration
July 9, http://www.riotinto.com/media/18435_media_releases_19362.asp
Rio Tinto announced today that it has given notice to Ivanhoe Mines Ltd. that it has referred to arbitration Ivanhoe's breaches of the Private Placement Agreement caused by its adoption of the Shareholders Rights Plan. Before its adoption, Rio Tinto advised Ivanhoe that the Rights Plan would breach Rio Tinto's contractual rights. However, the board of Ivanhoe nonetheless adopted the Plan on April 6, 2010 over Rio Tinto's strong objection.
ICC Court extends its membership
July 1, http://www.iccwbo.org/court/arbitration/index.html?id=37994
On 1 July 2010, three new members and two new alternate members took up office with the ICC International Court of Arbitration, following their appointment by the ICC World Council at its meeting in Hong Kong on 29 June 2010.
Glen Eagle Resources Inc. Settles Dispute With Orvana Minerals
July 7, http://www.gleneagleresources.com/pr_20100707.pdf
Glen Eagle Resources Inc. wishes to announce that it has settled its claims against Orvana Minerals Asturias Corp., formerly Kinbauri Gold Corp., and Kinbauri Espana, S.L.
The terms of the Settlement call for Orvana Minerals Asturias Corp. to pay the Company the sum of $1,500,000, which was released to Cassels, Brock and Blackwell LLP, in trust, Glen Eagle's legal advisers in handling the case. The terms of the Settlement also call for the parties to execute documents (the "Release") releasing each other from any further obligations. The Release has been signed.
Jean Labrecque, CEO commented, "We are pleased with the terms of the settlement. The execution of the mutual release represents an end to this matter and allows both companies to move forward with their respective projects. To this end, Glen Eagle wishes Orvana Minerals Asturias well in their endeavor to develop the El Vale project."
Golden Ocean withdraws arbitration case vs Pipavav
July 9, http://asia.news.yahoo.com/rtrs/20100709/tbs-pipavav-shipyard-arbitration-7318940.html
Reuters - Pipavav Shipyard Ltd said on Friday the Golden Ocean Group Ltd along with its two associate companies has withdrawn the arbitration proceedings against the company.
South-Korean Court Rules in Favor of Hyundai Heavy in Oilbank Row
July 8, http://www.tradingmarkets.com/news/stock-alert/hyhzf_s-korean-court-rules-in-favor-of-hyundai-heavy-in-oilbank-row-1031013.html
A South Korean court on Friday ruled in favor of Hyundai Heavy Industries Co. to enforce an international ruling that the shipbuilder has a right to repurchase shares of a local oil refiner from an Abu Dhabi-based firm.
Ghana, oil companies face off over control of rich field
July 8, http://www.washingtontimes.com/news/2010/jul/8/ghana-oil-companies-face-off-over-control-of-rich-/
Ghanaian officials are scheduled to meet Tuesday in Accra, Ghana, with representatives of Kosmos and ExxonMobil to try to resolve the oil companies' months-old rift with the government over the vast newly discovered oil field in the waters off the country's coast, according to the Ghanaian embassy.
Turkish contractor sues Ukraine's richest man over stadium construction price
July 8, http://www.kyivpost.com/news/business/bus_general/detail/72759/
The contractor for the construction of Donbass Arena, Turkish firm Enka, has filed a lawsuit with a Moscow arbitration court against Akhmetov's football team Shakhtar, which ordered the work.
Former Naftogaz official detained in Ukraine
July 9, http://af.reuters.com/article/energyOilNews/idAFLDE6681BJ20100709
Reuters - A former top official of Ukraine's state energy holding Naftogaz and ally of former Prime Minister Yulia Tymoshenko has been detained in a criminal probe, the SBU state security service said on Friday.
Vanco Prykerchenska suspends arbitration case against Ukraine for cancelling exploration license
July 8, http://www.canadianbusiness.com/markets/headline_news/article.jsp?content=b3881620
Vanco Prykerchenska, said Thursday it had frozen the arbitration case filed in Stockholm to take a "constructive new approach" with the country's new government under President Viktor Yanukovych.
Niko lodges another arbitration suit for Feni gas bills
July 8, http://www.thefinancialexpress-bd.com/more.php?news_id=105447&date=2010-07-08
FE Report - The Canadian oil company Niko Resources Ltd has lodged another arbitration suit with the ICSID last month, claiming outstanding bills for its Feni gas sale, Petrobangla officials said Wednesday. The officials said Niko, operating in Bangladesh's Feni gasfield, has filed the case with the ICSID against Bangladesh government, Petrobangla and state-owned energy corporation BAPEX. "The documents of the new arbitration case by Niko with ICSID have been received by us yesterday. The Canadian oil company has claimed outstanding bills for sale of gas from Feni field," a senior Petrobangla official told the FE Wednesday.
NCSP welcomes arbitration court ruling
July 7, http://www.bfnnews.com/display/?id=3897341§ionId=standardNews
Business Financial Newswire - Russian port operator Novorossiysk Commercial Sea Port Group has welcomed a ruling by the Moscow Arbitration Court in a battle with the Federal Antimonopoly Service.
Countries Have Opportunities to Boost Global Investment Competitiveness, Finds World Bank Group
July 7, http://web.worldbank.org/WBSITE/EXTERNAL/NEWS/0,,contentMDK:22639659~pagePK:34370~piPK:34424~theSitePK:4607,00.html
Overly restrictive and obsolete laws are an impediment to foreign direct investment and their poor implementation creates additional costs to investment, finds Investing Across Borders 2010, a new report by the World Bank Group.
This is the first World Bank Group report to offer objective data on laws and regulations affecting foreign direct investment that can be compared across 87 countries. Clear and effective laws and regulations are vital for ensuring best results for host economies, their citizens, and investors.
"Foreign direct investment is critical for countries' development, especially in times of economic crisis. It brings new and more committed capital, introduces new technologies and management styles, helps create jobs, and stimulates competition to bring down local prices and improve people's access to goods and services," said Janamitra Devan, Vice President of Financial and Private Sector Development, World Bank Group.
See also www.investingacrossborders.org
ICC Court releases 2009 statistics
July 2010, http://www.iccwbo.org/court/arbitration/index.html?id=37820
The 2009 Statistical Report, containing a detailed analysis of parties, arbitrators and aspects of procedure, can be consulted in the online ICC Dispute Resolution Library, pending its forthcoming publication in the ICC International Court of Arbitration Bulletin.
New EU Investment package set to boost trade and underpin investor rights
July 7, http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/907&format=HTML&aged=0&language=EN&guiLanguage=en
The European Commission today took the first step towards a comprehensive European international investment policy with two initiatives. A policy paper lays out how the new EU competence on foreign direct investment can be used to boost competitiveness and trade resulting in growth and jobs. At the same time a draft regulation sets up transitional arrangements offering guarantees on existing or pending bilateral investment treaties concluded between EU and Non-EU countries. Under the Lisbon Treaty, investment policy will be developed and managed at the European level giving the EU a strengthened negotiating hand to deliver better investment protection for all European businesses.
US Supreme Court: Arbitrator Should Decide Arbitration Agreement's Unconscionability
July 6, http://www.adr.org/sp.asp?id=38230
The U.S. Supreme Court has ruled in Rent-A-Center West v. Jackson that an arbitrator, not the court, should decide whether an arbitration agreement is unconscionable, and therefore, unenforceable.
New Singapore International Arbitration Centre (SIAC) Rules 2010
July 1, http://www.siac.org.sg/cms/
SIAC is pleased to announce the release of the new SIAC Rules 2010 which come into effect on 1 July 2010. A new Schedule of Fees also comes into force on the same date.
Download: http://www.siac.org.sg/cms/images/stories/documents/news/2010/SIAC_Rules_2010.pdf
PODCASTS
IDN #91, Technology for Managing Legal Disputes at General Electric
In episode 91 of CPR's International Dispute Negotiation podcast, hosted by Mike McIlwrath, Jay Brudz, senior counsel overseeing legal technology at General Electric Co, discusses the state of the art in dispute management from a corporate law department perspective.
EVENTS
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:
- Judicial Assistance and Enforcement Proceedings
- International Asset Recovery
- Business and Corporate Raiding
- Disputes Involving the Russian State and State Entities
- Late-breaking Developments in Arbitration and Litigation
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
- Session 1:
Another way to settle disputes - can the success story of Dispute Boards be extended beyond construction to other fields? - Session 2:
Best practices for international commercial arbitrators: how far are we?
The arbitrator as a creator of value - Session 3:
Arbitration as a growth industry: where will the growth come from - the BRICs and other emerging economies? Is it a case for supply-side economics? - Session 4:
Preventing a backlash against investment arbitration: could the WTO be the solution?
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
Dubai International Arbitration Centre appoints new head
July 4, http://www.arabianbusiness.com/press_releases/detail/41879
Dubai International Arbitration Centre (DIAC), an initiative of the Dubai Chamber of Commerce and Industry announced today the appointment of Dr. Hadif Al Owais as its new acting director. Dr. Al Owais will replace DIAC's current director, Dr. Hussam Al Talhuni.
BOOKS
Confidentiality in International Commercial Arbitration: A Comparative Analysis of the Position under English, US, German and French Law
Kyriaki Noussia
Publisher: Springer-Verlag
Binding: Hardback
ISBN13: 9783642102233
Published: March 2010
Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany.
Take the Witness: Cross Examination In International Arbitration
ISBN: 978-1-933833-63-7
Author: Lawrence W. Newman and Ben H. Sheppard
Page Count: 341
Published: June 2010
Media Desc: 1 Hardcover Volume
Price: $125.00 (Discount available for TDM / OGEMID members, contact us for details (Expires - August 24, 2010)
This volume is the "go to" reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world.
Table of Contents
FOREWORD
Charles B. Renfrew
ABOUT THE AUTHORS
INTRODUCTION
Lawrence W. Newman and Ben H. Sheppard, Jr.
PART ONE
TECHNIQUES OF CROSS-EXAMINATION IN INTERNATIONAL ARBITRATION
CHAPTER 1
TAKING CHARGE-PROVEN TACTICS FOR EFFECTIVE WITNESS CONTROL
By Ben H. Sheppard, Jr.
CHAPTER 2
WHEN TO BE FRIENDLY AND WHEN TO IMPEACH
By David Haigh
CHAPTER 3
CONFRONTATION - TECHNIQUES FOR IMPEACHMENT
By J. William Rowley, Markus Koehnen and Robert Wisner
CHAPTER 4
CROSS-EXAMINATION WITHOUT DISCOVERY: NOT BLIND, BUT WITH BLINDERS
By Laurence Shore
CHAPTER 5
INTUITION IN CROSS-EXAMINATION
By Lawrence W. Newman
CHAPTER 6
POLITE CROSS-EXAMINATION: A SYMBOLIC STEP TOWARD FURTHER UNIFORMITY IN INTERNATIONAL ARBITRATION
By Arthur W. Rovine
CHAPTER 7
IDENTIFYING AND AVOIDING PITFALLS AND MISTAKES IN CROSS-EXAMINATION
By Steven A. Hammond
CHAPTER 8
CROSS-EXAMINATION AGAINST THE CLOCK
By Richard Kreindler
CHAPTER 9
WHEN TO CROSS-EXAMINE AND WHEN TO STOP
By Hilary Heilbron and Klaus Reichert
PART TWO
ANTICIPATING CROSS-EXAMINATION IN THE PRESENTATION OF WITNESSES
CHAPTER 10
PREPARING THE WITNESS FOR CROSS-EXAMINATION
By Robert S. Rifkind
CHAPTER 11
THE EFFECTIVE USE OF A POWERFUL EVIDENTIARY TOOL: CONSIDERATIONS FOR BOTH COUNSEL AND ARBITRATORS
By C. Mark Baker
PART THREE
SPECIAL CONSIDERATIONS IN THE CROSS-EXAMINATION OF EXPERTS
CHAPTER 12
CROSSING THE HOT TUB: EXAMINING ADVERSE EXPERT WITNESSES IN INTERNATIONAL ARBITRATION
By John M. Townsend
CHAPTER 13
CROSS-EXAMINING A TECHNICAL OR SCIENTIFIC EXPERT
By Kim J. Landsman
CHAPTER 14
CROSS-EXAMINING THE LEGAL EXPERT
By George A. Berman
CHAPTER 15
TEN GUIDELINES FOR THE CROSS-EXAMINATION OF FINANCIAL AND TECHNICAL EXPERTS
By Carolyn B. Lamm, Francis A. Vasquez Jr., and Matthew N. Drossos
PART FOUR
CULTURAL ISSUES
CHAPTER 16
CROSS-EXAMINATION IN INTERNATIONAL ARBITRATION: IS IT WORTHWHILE?
By Bernardo M. Cremades and David J.A. Cairns
CHAPTER 17
CROSS-EXAMINING WITNESSES BEFORE CIVIL LAW ARBITRATORS
By Robert H. Smit
CHAPTER 18
THE ENGLISH APPROACH TO CROSS-EXAMINATION IN INTERNATIONAL ARBITRATION
By Sophie Nappert and Christopher Harris
CHAPTER 19
EFFECTIVE CROSS-EXAMINATION IN ASIAN ARBITRATIONS
By Michael Hwang & Colin Y.C. Ong
CHAPTER 20
EFFECTIVE CROSS-EXAMINATION IN INTERNATIONAL ARBITRATIONS INVOLVING LATIN AMERICA
By Henri C. Alvarez
CHAPTER 21
THE PERILS OF CROSS-EXAMINATION IN A LANGUAGE OTHER THAN THE LANGUAGE OF THE PROCEEDING
By James H. Carter
ICSID
Award: Piero Foresti, Laura de Carli and others v. Republic of South Africa (ICSID Case No. ARB(AF)/07/1)
The Tribunal renders its award on August 4, 2010. Available on ICSID website
Award: Saba Fakes v. Republic of Turkey (ICSID Case No. ARB/07/20)
Award rendered on July 14, 2010.
New: Renee Rose Levy de Levi v. Republic of Peru (ICSID Case No. ARB/10/17)
Banking enterprise. Registered July 20. Tribunal not yet constituted
New: AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16)
Power facilities and trading companies, Registered July 20 2010, Tribunal not yet constituted. http://www.aes.com/aes/index?page=country&cat=KZ
New: Bernhard von Pezold and Others v. Republic of Zimbabwe (ICSID Case No. ARB/10/15)
Commercial farms, Registered July 08, 2010. Tribunal not yet constituted.
New: Niko Resources (Bangladesh) Ltd. v. People’s Republic of Bangladesh, Bangladesh Petroleum Exploration and Production Company Limited ("Bapex") and Bangladesh Oil Gas and Mineral Corporation ("Petrobangla") (ICSID Case No. ARB/10/18)
Gas purchase and sale agreement, Registered July 28, 2010. Tribunal not yet constituted
RSM Production Corporation and others v. Grenada (ICSID Case No. ARB/10/6)
Tribunal Constituted: August 05, 2010. J. William Rowley; Edward Nottingham; Pierre Tercier
Toto Costruzioni Generali S.p.A. v. Republic of Lebanon (ICSID Case No. ARB/07/12)
Status of Proceeding: Pending (The Claimant files a reply on the merits on August 3, 2010)
S&T Oil Equipment & Machinery Ltd. v. Romania (ICSID Case No. ARB/07/13)
Outcome of Proceeding: The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) on July 16, 2010.
Waguih Elie George Siag and Clorinda Vecchi v. Arab Republic of Egypt (ICSID Case No. ARB/05/15)
Outcome of Proceeding: The ad hoc Committee issues a notice of discontinuance of the proceeding pursuant ICSID Arbitration Rule 45 on June 21, 2010.
Cambodia Power Company v. Kingdom of Cambodia and Electricité du Cambodge (ICSID Case No. ARB/09/18)
Status of Proceeding: Pending (the Claimant submits observations on bifurcation of the proceeding on July 30, 2010)
Giovanna a Beccara and others v. Argentine Republic (ICSID Case No. ARB/07/5)
Status of Proceeding: Pending (The parties file statements of costs on August 4, 2010)
Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud v. Democratic Republic of the Congo (ICSID Case No. ARB/10/4)
Status of Proceeding: Tribunal constituted on July 27, 2010
Elsamex, S.A. v. Republic of Honduras (ICSID Case No. ARB/09/4)
Status of Proceeding: Pending (the Respondent files observations on the Claimant’s request for production of documents on June 23, 2010.
Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. Republic of El Salvador (ICSID Case No. ARB/09/17)
Status of Proceeding: Pending (The Tribunal holds a first session with the parties by teleconference on July 27, 2010)
Global Trading Resource Corp. and Globex International, Inc. v. Ukraine (ICSID Case No. ARB/09/11)
Status of Proceeding: Pending (The parties file submissions on costs on July 23, 2010)
Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/08/13)
Status of Proceeding: Pending (The Claimant files a reply on the merits and a counter-memorial on jurisdiction on July 23, 2010)
Shell Nigeria Ultra Deep Limited v. Federal Republic of Nigeria (ICSID Case No. ARB/07/18)
Status of Proceeding: Pending (The Respondent files its post-hearing brief on May 19, 2010)
Ron Fuchs v. Georgia (ICSID Case No. ARB/07/15)
Annulment Proceeding Registered July 16, 2010, ad hoc Committee not yet constituted
ATA Construction, Industrial and Trading Company v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/08/2)
Status of Proceeding: Pending (the Tribunal is reconstituted on July 22, 2010. Its members are: L. Yves Fortier (Canadian), President; Ahmed Sadek El-Kosheri (Egyptian); and W. Michael Reisman (U.S))
Electrabel S.A. v. Republic of Hungary (ICSID Case No. ARB/07/19)
Status of Proceeding: Pending (the parties file statements of costs on July 21, 2010)
RSM Production Corporation v. Central African Republic (ICSID Case No. ARB/07/2)
Status of Proceeding: Pending (the Respondent files a statement of costs on July 21, 2010)
Helnan International Hotels A/S v. Arab Republic of Egypt (ICSID Case No. ARB/05/19)
The ad hoc Committee issues a decision on the application for annulment on June 14, 2010. Available on the ICSID Website.
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 Claimants file observations on the Respondent’s request for production of documents on July 19, 2010)
ATA Construction, Industrial and Trading Company v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/08/2)
Status of Proceeding: Pending (the Secretary-General registers an application for interpretation of the award of March 18, 2010, and notifies the parties of the registration on July 16, 2010)
Metal-Tech Ltd. v. Republic of Uzbekistan (ICSID Case No. ARB/10/3)
Date of Constitution of Tribunal: June 28, 2010. Composition of Tribunal: Gabrielle KAUFMANN-KOHLER (Swiss), John TOWNSEND (U.S.), Claus von WOBESER (Mexican)
Nations Energy, Inc. and others v. Republic of Panama (ICSID Case No. ARB/06/19)
Status of Proceeding: Pending (the Respondent files a response to the Claimants' observations of July 13, 2010, on July 15, 2010)
Ioannis Kardassopoulos v. Georgia (ICSID Case No. ARB/05/18)
Status of Proceeding: Pending (the Centre registers an application for the institution of annulment proceedings, and notifies the parties of the provisional stay of enforcement of the award on July 16, 2010)
Cambodia Power Company v. Kingdom of Cambodia and Electricité du Cambodge (ICSID Case No. ARB/09/18)
Status of Proceeding: Pending (the Claimant files a memorial on liability on July 2, 2010)
KT Asia Investment Group B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/09/8)
Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents on July 15, 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 request for production of documents on July 12, 2010)
Tza Yap Shum v. Republic of Peru (ICSID Case No. ARB/07/6)
Status of Proceeding: Pending (the parties file post-hearing briefs on July 2, 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 Tribunal issues a decision on the Respondent’s proposal for disqualification of the three members of the Tribunal. Pursuant to ICSID Arbitration Rule 9(6), the proceeding is resumed on July 6, 2010)
SAUR International v. Argentine Republic (ICSID Case No. ARB/04/4)
Status of Proceeding: Pending (the Claimant files a memorial on the merits on July 5, 2010)
Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/08/13)
Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents on July 1, 2010)
Libananco Holdings Co. Limited v. Republic of Turkey (ICSID Case No. ARB/06/8)
Status of Proceeding: Pending (the parties file post-hearing briefs and statements of costs on July 1, 2010)