issue #13, week 35. 31 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.

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NEWS

New issue of the ICSID Caseload - Statistics

August 2010, http://icsid.worldbank.org/

The ICSID Secretariat has published a new issue of the ICSID Caseload - Statistics, which is intended to provide a snapshot of the cases handled by the Centre.

This issue (Issue 2010-2), published in English, French and Spanish, contains an overview of all the cases registered or otherwise administered by ICSID as of June 30, 2010, and of the cases registered or administered in the course of the Centre's Fiscal Year 2010, covering the period from July 1, 2009 to June 30, 2010. The issue provides information on the basis for consent invoked to establish ICSID jurisdiction in registered ICSID cases, the geographic distribution of cases by State Party to the dispute, and the economic sectors involved in ICSID cases. It also includes data on outcomes of ICSID proceedings and the nationalities of arbitrators, conciliators and ad hoc committee members appointed in ICSID cases.

The Secretariat would like to take this opportunity to thank government officials, practitioners, arbitrators and academics for their feedback following the inaugural issue of the ICSID Caseload - Statistics.

The Centre continues to welcome any comments or suggestions, which should be addressed to the Secretariat by email to ICSIDsecretariat@worldbank.org.

India: Sebi move to hike arbitration fees may reduce complaints: The new mechanism encourages out-of-court settlement of disputes between investors and brokers

Aug 26, http://www.americanchronicle.com/articles/yb/149084993

Arbitration proceedings to settle disputes between brokers and investors are set to become more expensive starting next month. Investors say a new mechanism being put in place by capital market regulator Securities and Exchange Board of India (Sebi) pushes up arbitration fees by up to three times, especially for big-ticket transactions, and encourages out-of-court settlements.

Minister K. Shanmugam: Arbitration to 'grow further' in Singapore

Aug 29, http://www.straitstimes.com/BreakingNews/Singapore/Story/STIStory_572310.html

Law Minister K. Shanmugam said that international arbitration will continue to see growth and take Singapore 'beyond the demands of our limited domestic market'.

Republic of the Philippines Joins the Permanent Court of Arbitration in September 2010

Aug 30, http://www.pca-cpa.org/shownews.asp?nws_id=281&pag_id=1261&ac=view

The Republic of the Philippines acceded to the 1907 Convention for the Pacific Settlement of International Disputes on July 14, 2010, and will become a member state of the PCA effective September 12, 2010.

Arbitration panel awards Seashore Investments $31 million in dispute with BNP

Aug 27, http://www.caller.com/news/2010/aug/27/arbitration-panel-awards-seashore-investments-31/

BNP Oil & Gas, its owner and related companies owe an investor $31 million after an arbitration panel ruled that the companies never made payments on their loans. The ruling, following a two-week long arbitration hearing, was issued Aug. 17 and filed Thursday in federal bankruptcy court. It orders BNP Holdings, BNP Commercial Properties, and BNP Oil & Gas Properties -- all companies partially or wholly-owned by local entrepreneur Paul Black -- to pay Seashore Investments Management Trust $21 million in principal and interest, of which Black is personally responsible for about half.

Swedish arbitrability and Brussels I

Aug 25, http://www.chamber.se/?id=23696&newsid=35259

In a recent decision in a challenge procedure under the Swedish Arbitration Act, the Court of Appeal of Skåne and Bleking had reason to deliberate on the relationship between Swedish rules on arbitrability, and Article 22(2) of the Brussels I Regulation.

To read the judgment: http://www.chamber.se/filearchive/3/35258/Case%20T%201689-09%20ENG_2.pdf

Earlier this summer, Annette Magnusson gave a presentation in Moscow on Swedish principles of arbitrability.

For a brief summary: , Earlier this summer, Annette Magnusson gave a presentation in Moscow on Swedish principles of arbitrability. http://www.chamber.se/filearchive/3/35257/Arbitrability_Moscow_9_June_2010.pdf

India: SC rules against ONGC in Sumitomo case

Aug 6, http://timesofindia.indiatimes.com/business/india-business/SC-rules-against-ONGC-in-Sumitomo-case/articleshow/6263620.cms

NEW DELHI: This judgment of the Supreme Court is a perfect example of why India is not favoured as a destination for arbitration by MNCs. ONGC litigated for nearly 15 years to stall an arbitration award in favour of a Japanese firm and against it. SC drew curtains on ONGC's litigation, repeatedly challenging a 1995 arbitration award. A Bench comprising Justices R V Raveendran and H L Gokhale upheld the 15-year-old award and asked the PSU to pay a Japanese firm Rs 1.85 crore with 4.5% interest per annum from May 15, 1991, when the claim was made.

Sentences handed out in Lafayette frigate scandal

Aug 28, http://www.etaiwannews.com/etn/news_content.php?id=1358654&lang=eng_news

Former naval officer Kuo Li-heng and his brother Kuo Wen-tien were given 15-year and two-year sentences respectively by the Taipei District Court yesterday after they were found guilty of illegal gains from the purchase of warships from France in the decade-long Lafayette scandal. The accused can still choose to appeal the ruling.

Harper says Abitibi deal best feds could get, but Ottawa won't pay in future

Aug 26, http://www.winnipegfreepress.com/canada/breakingnews/harper-says-abitibi-deal-best-feds-could-get-hints-ottawa-wont-pay-in-future-101580878.html

A $130-million settlement with AbitibiBowater over Newfoundland and Labrador's expropriation of some of its assets is in the best interests of Canadian taxpayers, the prime minister said Thursday. But Stephen Harper also said Ottawa won't pay up if a similar situation happens again.

Estonia: Mine Claim Sparks State-Landowner Conflict

Aug 30, http://news.err.ee/economy/71b8cc8e-522e-4c71-8ec1-d4559259af95

Armed with a court ruling, landowners in a mining area in the northeastern part of the country are looking to halt expropriation proceedings, but the Ministry of Economic Affairs says they should have known before buying that the state would exercise eminent domain.

Now Mineral Resources Minister must turn step change into sea change

Aug 27, http://www.miningweekly.com/article/now-mineral-resources-minister-must-turn-step-change-into-sea-change-2010-08-27

Turnaround Tuesday was crucial for South Africa's mining industry and for South Africa's reputation as an investment destination.

South African Mineral Resources Minister Susan Shabangu has been universally commended for most of her statements of August 17, when she invited editors, reporters and mining industry analysts to hear her commitment to:

- overhaul South Africa's "ambiguous" Mineral and Petroleum Resources Development Act (MPRDA); - provide information on the Department of Mineral Resources' (DMR's) website on the status of exploration and mining licences, from September 1"in the interest of transparency"; and - have ready for public access a completely new system of 'licence-process tracking' within the next six months.

On the downside is the soon-to-be-gazetted six-month prospecting licence moratorium. This will endure from September 1 until the end of February, to allow for a comprehensive audit of the licences granted since the promulgation of the MPRDA. All other existing licensing activities will continue as normal.

$12b lawsuit against Petrotrin on hold

Aug 27, http://www.trinidadexpress.com/business/_12b_lawsuit_against_Petrotrin_on_hold-101623293.html

A district judge in New York has stayed a $12 billion lawsuit by an American energy company and its St Lucia subsidiary against State-owned Petrotrin in the largest lawsuit ever filed against the government of Trinidad and Tobago. World GTL Inc served Petrotrin with a complaint in the United States Federal District Court for what it called wrongful expropriation of its assets in joint venture company, World GTL Trinidad Ltd in February.

Frontera Resources: ARAR Arbitration update

Aug 27, http://www.fronteraresources.com/cmtdoc/Q2_2010_financials.pdf

In January 2008, Frontera Eastern Georgia Limited, an indirect consolidated subsidiary of the Company ("FEGL") served a notice of arbitration and claim on ARAR, Inc. ("ARAR"), for breach of contract under a drilling services contract dated May 2007, specifically for, among other things, failure to commence work by the time specified in the contract, failure of the drilling rig to meet required specifications and failure to reconcile advance payments made by FEGL with work actually performed. FEGL terminated the contract after ARAR failed to mobilize the rig to the required location and failed to commence work as otherwise required under the contract. FEGL claimed damages of approximately $7.0 million in the arbitration. ARAR denied FEGL's claims and filed counterclaims against FEGL, seeking payments of approximately $7.1 million for, among other things, standby charges for the period of time the rig was undergoing inspection and repairs to bring it into contract specification, early termination fees and demobilization fees. The parties entered into a settlement agreement in December 2008 pursuant to which ARAR was required to make a series of payments to FEGL through December 2009. The settlement resolved all outstanding claims and counterclaims between Frontera and ARAR arising out of the drilling services contract. Beginning in August 2009, ARAR defaulted on its monthly payments and remains in default on payments due August-December 2009. The Company applied to the arbitration panel for entry of an agreed award pursuant to the settlement agreement. The panel held a hearing on the Company's application in March 2010, and in April 2010, entered a final, binding award in the amount of $1.4 million in favor of FEGL. The Company intends to pursue payment of the full amount of the award and to enforce the award in any jurisdiction in which the assets of ARAR may be found. In April 2010, FEGL filed an action in the U.S. District Court for the Southern District of Texas seeking confirmation of the final arbitration award pursuant to the Convention on Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 as a precursor to further enforcement action in the U.S. Service of process has been effected on ARAR and is being effected on certain affiliates of ARAR in Turkey that are subject to the final award. In May 2010, ARAR filed a counterclaim in the district court seeking to deny confirmation and to vacate the award. In July 2010, FEGL filed an enforcement action in the 4th Commercial Court in Ankara, Turkey, seeking to enforce its $1.4 million final award against assets of ARAR located in Turkey. An affiliate of ARAR initiated a lawsuit against FEGL in the 7th Commercial Court in Ankara, Turkey in July 2010 claiming damages of $0.3 million in connection with the exportation of the rig from Georgia. The Company believes the claims made by ARAR in the Turkish lawsuit are subject to the arbitration clause of the contract, were resolved by the December 2008 settlement, and in any event are completely without merit.

Agreement reached in investment dispute on Moorburg plant in Germany

Aug 26, http://www.vattenfall.com/en/press-details-hidden.htm?newsid=3C7FCDE9C82C4CF2A2CF3D313FBE1DBD&WT.ac=pressrel_moorburg_100826

Vattenfall and the Federal Republic of Germany have reached an agreement for settlement regarding the international investment dispute on the Moorburg power plant in Hamburg, Germany. Vattenfall's CEO Øystein Løseth:

The German Government and Vattenfall have reached an agreement regarding the termination of the arbitral proceedings initiated by Vattenfall before the World Bank arbitral tribunal ICSID (International Centre for Settlement of Investment Disputes) against the Federal Republic of Germany. The agreement sets forth the procedure for the amicable settlement of the dispute aimed for by the parties. Statements regarding the content of the agreement cannot be made as the ICSID arbitration proceedings are still pending.

Cairn to seek govt nod for Vedanta deal

Aug 20, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil--gas/Cairn-to-seek-govt-nod-for-Vedanta-deal/articleshow/6353871.cms

Cairn Energy will seek the full range of approvals from the government, a senior company executive said, an indication of a conciliatory gesture by the oil explorer to seal a transaction to sell a controlling stake in its Indian unit to Vedanta Resources.

....

Under the terms of a PSC signed some 15 years ago, Cairn is exempt from royalty payments for output from the Rajasthan block. It is paying 70% of the cess under protest, arguing that under contract terms ONGC should bear the full burden. The dispute is now the subject of arbitration

Spain's Gas Natural loses price war vs Sonatrach: Arbitration court rules Sonatrach can raise prices

Aug 17, http://af.reuters.com/article/commoditiesNews/idAFN1627110120100817

Reuters - A three-year court battle over prices between Spain's Gas Natural and Algeria's Sonatrach has ended in favour of the Algerian state-controlled gas company, implying higher prices for a quarter of Spanish gas supply. Gas Natural said an arbitration court ruled that Sonatrach had the right to increase the price of gas supplied to the Spanish company from its North African-European pipeline, which accounts for 25 percent of Spain's gas supply, from 2005.

See also http://www.bloomberg.com/news/2010-08-17/gas-natural-shares-fall-after-ruling-on-sonatrach-gas-contract-price-case.html

Denying Advisors A Legal Forum

Sep 2010, http://www.onwallstreet.com/ows_issues/2010_9/denying-advisors-a-legal-forum-2668380-1.html

If the SEC prohibits arbitration agreements for investors, it surely must apply the same logic to FINRA rules which require employees to arbitrate their disputes. As part of the Dodd-Frank Wall Street Reform Act, Congress has given the Securities and Exchange Commission the authority to prohibit or impose conditions upon the use of pre-dispute arbitration agreements by brokerage firms and federally registered investment advisors in their customer agreements.

Zimbabwe's hitting the arbitration headlines

Aug 24, http://www.zimtelegraph.com/?p=8797

... a Swiss-German family has brought a claim before ICSID, seeking damages for the expropriation of three large estates, including forestry and agricultural businesses. In a claim registered at ICSID on 8 July 2010, the von Pezold family alleges that Zimbabwe has breached its treaty obligations with Switzerland and Germany by failing to provide fair and equitable treatment and full protection and security.

Kumba, Lonmin mining rights dispute

Aug 24, http://www.sharenet.co.za/v3/news_disp.php?id=491459

Reuters - Kumba Iron Ore and Lonmin have challenged the South African government's grant of a prospecting right to Imperial Crown Trading (ICT) and Keysha Investments, respectively, over areas they were mining.

Premier Williams tight-lipped as feds agree to pay AbitibiBowater $130M over NL seizure

Aug 24, http://www.winnipegfreepress.com/canada/breakingnews/feds-to-pay-abitibibowater-130-million-over-newfoundland-expropriation-101415424.html

Premier Danny Williams was tight-lipped Tuesday as the federal government announced it will pay AbitibiBowater $130 million to settle the company's claim that Newfoundland illegally seized some of its assets in the province.

...

"This payment represents the fair market value of the company's expropriated assets," AbitibiBowater said in a statement.

IIROC Requests Comments on Proposals to Increase Award Limit and Other Matters Under Arbitration Program

Aug 24, http://docs.iiroc.ca/DisplayDocument.aspx?DocumentID=C56218869B254E0081289409E02970E0&Language=en

IIROC issued a Notice today which provides a summary of the public comments IIROC received as part of its ongoing review of the IIROC Arbitration Program. The Notice also requests comments on two IIROC proposals: - Increasing the award limit under the arbitration program to $500,000; and - Changing the rules of procedure of the arbitration organizations to allow a claimant to opt, at the start of a proceeding, to eliminate the arbitrator’s discretion to award costs against either party, unless that party has acted in a manner that can be characterized as ‘‘unfair, vexatious, improper, in bad faith or has unnecessarily and unreasonably prolonged proceedings.

IIROC began its comprehensive review and evaluation of the program in the fall of 2008. After making a number of administrative changes to harmonize the program’s operation and enhance statistical reporting, IIROC initiated the first public comment period on December 16, 2009. At that time, IIROC invited comment on, among other issues: the viability of the program; suggestions on how to improve it; and an IIROC proposal to improve the award limit beyond its current $100,000 level.

The 45-day comment period ends on October 8, 2010. Any further comments received will be posted on the IIROC website. After considering any comments, the IIROC Board of Directors will determine whether to increase the award limit to $500,000 or some other amount and whether to implement the procedure changes for the arbitration organizations. IIROC will issue another notice on the outcome of these matters.

Comment letters on the proposals may be addressed to:

Rosemary Chan Senior Vice President and General Counsel Investment Industry Regulatory Organization of Canada 121 King Street West, Suite 1600 Toronto, Ontario M5H 3T9

IIROC is the national self-regulatory organization which oversees all investment dealers and trading activity on debt and equity marketplaces in Canada. Created in 2008 through the consolidation of the Investment Dealers Association of Canada and Market Regulation Services Inc., IIROC sets high quality regulatory and investment industry standards, protects investors and strengthens market integrity while maintaining efficient and competitive capital markets.

IIROC carries out its regulatory responsibilities through setting and enforcing rules regarding the proficiency, business and financial conduct of dealer firms and their registered employees and through setting and enforcing market integrity rules regarding trading activity on Canadian equity marketplaces.

ENRC buys majority of Kolwezi, Congo assets

Aug 21, http://www.reuters.com/article/idUSLDE67J1C120100821

Reuters - Kazakh mining group ENRC has agreed to pay $175 million for a majority stake in a company that has licences for copper assets in Congo, including a permit revoked from Canada's First Quantum Minerals.

First Quantum Minerals Provides Update on Legal Proceedings in the Democratic Republic of Congo

Aug 21, http://www.marketwatch.com/story/first-quantum-minerals-provides-update-on-legal-proceedings-in-the-democratic-republic-of-congo-2010-08-21

First Quantum Minerals Ltd. announced today that on August 19, 2010, the tribunal (the "Tribunal") that has been constituted by the International Chamber of Commerce in Paris to hear the arbitration relating to the Kolwezi tailings project (the "Kolwezi Project") involving First Quantum, the IFC (International Finance Corporation) and the Industrial Development Corporation of South Africa ("IDC") as Claimants and the Democratic Republic of Congo ("RDC") and La Generale des Carrieres et des Mines ("Gecamines") as Defendants, has issued two procedural orders. One order prohibits the RDC and Gecamines from taking any action to transfer or allow the transfer of the Kolwezi tailings exploitation permit covering the Kolwezi Project. The other order prohibits the RDC and Gecamines from taking any action to enforce a March 10, 2010 judgment of the Appeal Court of Kinshasa pursuant to which each of Congo Mineral Developments Ltd. ("CMD"), a subsidiary of First Quantum, and Kingamyambo Musonoi Tailings SARL ("KMT"), the Congolese company which was developing the Kolwezi Project until the site was sealed by the RDC authorities, were ordered to pay damages totalling more than US$12 billion to Gecamines, the Mining Registry ("CAMI") and the RDC. The Tribunal's orders are to remain in place until such time as the Tribunal has made a decision on the Claimants' request for interim measures.

First Quantum, through its RDC subsidiary Frontier SPRL, has also received a letter dated August 5, 2010 from CAMI which purports to withdraw the exploitation permit from the Frontier mine in the RDC. First Quantum believes that any purported withdrawal of the Frontier permit is contrary to the Mining Code and RDC law, and was initiated against First Quantum in connection with the commencement of arbitration relating to the Kolwezi Project. Frontier's operations currently continue unaffected, employing approximately 1500 workers. Frontier was the largest tax payer in the RDC in 2009.

First Quantum also notes the day following the Tribunal's orders, on August 20,2010, a press release was issued by Eurasian Natural Resources Corporation PLC ("ENRC") announcing that a wholly-owned subsidiary of ENRC has privately purchased 50.5% of the outstanding common shares of Camrose Resources Limited, which through its share ownership of Highwind Properties Limited and other companies, has a purported indirect 70% interest in the tailings exploitation permit covering the Kolwezi Project. The RDC also issued a statement following the ENRC press release announcing the ENRC acquisition. These announcements appear to indicate a clear contradiction of the Tribunal's orders. First Quantum believes that CMD and the Kolwezi Project's other contributing partners, the IFC and the IDC, continue to have exclusive rights and a valid and binding contract with RDC and Gecamines relating to the Kolwezi Project, which are currently the subject of the arbitration before the Tribunal. ENRC has not contacted First Quantum with respect to the status of the arbitration or its legal and contractual rights to the Kolwezi tailings exploitation permit and its over $400 million investment in plant and infrastructure on site First Quantum further believes that any purported transfer of the tailings exploitation permit covering the Kolwezi Project is ineffective and contrary to the orders issued by the Tribunal.

First Quantum will continue to advance its rights through arbitration with respect to the Kolwezi Project and will also pursue all legal remedies available to maintain its exclusive rights to the Kolwezi Project and Frontier mine, including against third parties seeking enrichment through interference with First Quantum's, the IFC and IDC's legal rights.

On Behalf of the Board of Directors of First Quantum Minerals Ltd. G. Clive Newall, President

What was really won in global Naia 3 suit Written by Gloria Victoria C. Yap-Taruc / Assistant Solicitor General Aug 22, http://www.businessmirror.com.ph/index.php?option=com_content&view=article&id=332:what-was-really-won-in-global-naia-3-suit&catid=34:perspective&Itemid=62

Government clarifies press reports on scope and significance of ICC award on Piatco controversy. On July 22, 2010, an international arbitral tribunal under the auspices of the International Chamber of Commerce (ICC) issued an award dismissing all claims in the long-running arbitration that Philippine International Air Terminals Co. Inc. (Piatco) had brought against the government. The award is not, at this time, public and must be maintained as confidential.

Arbitration looms for Aquila and Vale

Aug 15, http://www.tradingmarkets.com/news/stock-alert/aqlrf_arbitration-looms-for-aquila-and-vale-1111997.html

The Australian Financial Review - Australian-listed Aquila Resources and Brazilian miner, Vale, are expected to enlist an independent investment bank to resolve a dispute over values.

Investor in Madoff Feeder Fund Wins $1.5 Million Arbitration Award

Aug 19, http://www.law.com/jsp/article.jsp?id=1202470392331

A New York state judge on Tuesday confirmed a $1.5 million arbitration award in favor of an investor in Ascot Partners, which was set up by hedge fund operator J. Ezra Merkin, who had turned over management of the fund to convicted Ponzi-schemer Bernard L. Madoff.

David Bamberger of Bamberger and Brickman, who represents the investor, Noel M. Weiderhorn, said that to his knowledge Manhattan Supreme Court Justice Richard B. Lowe's affirmance of the 2-1 arbitration award is the first to hold one of Madoff's "feeder funds" legally responsible for investor losses.

Ivanhoe Sticks To Shareholders' Plan As Arbitration Continues

Aug 17, http://www.tradingmarkets.com/news/stock-alert/ivhmf_rtp_dj-ivanhoe-sticks-to-shareholders-plan-as-arbitration-continues-1114773.html

Ivanhoe Mines Ltd. Tuesday said its battle with Rio Tinto PLC for control of Mongolia's Oyu Tolgoi mine is continuing, and it is sticking to a shareholders' rights plan that has led its project partner to go to arbitration, Ivanhoe said Tuesday.

Kazakh gas field group to cede stake to state-sources

Aug 13, http://www.reuters.com/article/idUSLDE67C1PF20100813

Reuters - The four foreign stakeholders in Kazakhstan's Karachaganak gas field have agreed to cut their stakes and relinquish 10 percent of the company to the Kazakh government, sources told Reuters.

MAG Silver: Arbitration hearing presently set for the last week of October 2010 (Juanicipio)

Aug 16, http://www.magsilver.com/s/NewsReleases.asp?ReportID=414600

Juanicipio Property: ... During Fresnillo's attempted hostile bid for MAG in late 2008 and into 2009, the Company initiated arbitration proceedings with the International Chamber of Commerce ("ICC") pursuant to the dispute resolution provisions contained in the Minera Juanicipio Shareholders Agreement. The Company is seeking a ruling to confirm that the standstill provisions contained in the Minera Juanicipio Shareholders Agreement prevent Fresnillo from acquiring control of the Company on a hostile basis, and is also seeking relief in relation to other alleged violations by Fresnillo as operator under the Shareholders Agreement.

An arbitral tribunal has been established in the Arbitration proceedings, and on April 20, 2010, the ICC Court provided notice to both MAG and Fresnillo that the procedural terms of reference and a preliminary timetable had both been approved. A hearing on the merits of the arbitration is presently set for the last week of October 2010 in Mexico City, with closing arguments to be submitted in December 2010. As part of the arbitration proceedings, the Company has recently filed various documents and evidence in support of its claims. There will be associated legal and administrative costs going forward.

Centaurus wins $2m from fmr JV partner

Aug 16, http://www.centaurus.com.au/index.php?option=com_investorcentre&task=download&cid[]=69

International iron ore company Centaurus Metals Ltd (ASX Code: CTM) is pleased to advise that the legal action it initiated in June 2009 against its former Joint Venture partner in the Liberdade Iron Ore Project in south-east Brazil has been successfully concluded, resulting in the award of $2 million in damages.

The legal action - against Mineração Marsil Ltda ("Marsil") and an associated company, Master Mineração Ltda - has been concluded in the Arbitration Court of Minas Gerais, CAMARB.

In addition to ratifying the annulment of the contract, Centaurus has been awarded damages totalling BR$3,103,617 (AUD2.00 million). As part of the award, interest is payable by Mineração Marsil Ltda on the amount awarded at the rate of 1% per month until the payment is received by Centaurus.

Centaurus is now in the process of enforcing the CAMARB judgement.

Background to the Legal Action

Centaurus was previously earning up to a 60% interest in the Liberdade Iron Ore Project, located in south east Brazil. Due to Marsil's non-compliance with the joint venture contract, and having pursued all other avenues for the realisation of value from the Company's investment in the Liberdade asset, Centaurus annulled the contract and commenced legal action against Marsil for breach of contract in June 2009.

R-Tech Ueno Submits a Request for Arbitration against Takeda Pharmaceutical

Aug 16, http://www.rtechueno.com/en/news/100816_pr_en.pdf

R-Tech Ueno, Ltd., together with Sucampo Pharmaceuticals, Inc. ("Sucampo") and Sucampo AG ("SAG"), has requested arbitration against Takeda Pharmaceutical Company Ltd. ("Takeda").

R-Tech Ueno supplies Amitiza® Capsules to Takeda pursuant to agreements with Takeda and Sucampo. On March 12, 2010, Sucampo submitted for filing with the International Court of Arbitration, International Chamber of Commerce, a Request for Arbitration against Takeda. In that Request, Sucampo claimed that Takeda has violated the provisions of the October 29, 2004 Collaboration and License Agreement between Sucampo and Takeda and other applicable duties, and that Takeda's violations have injured Sucampo. Sucampo requested all appropriate relief, including termination of the agreements, damages remedy and so on.

In an Amended and Supplemental Request for Arbitration, R-Tech Ueno has joined in the arbitration proceeding filed by Sucampo, and has claimed, among other things, that Takeda has breached the provisions of the October 29, 2004 Supply Agreement among R-Tech Ueno, Takeda and Sucampo, and that its breaches have injured R-Tech Ueno. R-Tech Ueno has requested all appropriate relief, including termination of the agreements, damages remedy and so on.

R-Tech Ueno is unable to predict at this time the effect of this action on the performance of R-Tech Ueno. An announcement will be made when the effect on the performance is fixed.

Progressive Concepts vs AT&T - Final Arbitration Hearing Postponed To March 21-25

Aug 13, http://www.rttnews.com/Content/QuickFacts.aspx?Node=B1&Id=1393549

RTTNews - Teletouch Communications, Inc. said Friday that its subsidiary Progressive Concepts, Inc. dba Hawk Electronics as Claimant recently agreed to an AT&T, Inc. (T) requested amended scheduling order, moving the final arbitration hearing from November 8-12, 2010 to March 21-25, 2011.

"Philip Morris International claims against Uruguay without merit"

Aug 12, http://www.marketwire.com/press-release/Philip-Morris-International-claims-against-Uruguay-without-merit-1303838.htm

A legal analysis of the challenge launched by Philip Morris International (PMI) found the company to be both unjustified and unreasonable in its opposition to Uruguay's new tobacco packaging laws.

"In my opinion" said the report's author, Todd Weiler," the claim is nothing more than the cynical attempt by a wealthy multinational corporation to make an example of a small country with limited resources to defend against a well-funded international legal action, but with a well-deserved reputation as a worldwide leader in tobacco control."

Vivendi is very satisfied with the confirmation by the ICSID of the award issued in its favor on August 2007

Aug 11, http://www.vivendi.com/vivendi/Vivendi-is-very-satisfied-with-the

In a decision released on August 10, 2010, the International Centre for Settlement of Investment Disputes (ICSID) rejected Argentina's action to annul the award rendered in favor of Vivendi, on August 20, 2007. This award determined that the acts of provincial officials of Tucumán violated rights of Vivendi and its subsidiary Compañía de Aguas del Aconquija (CAA) and the Treaty between France and Argentina that protects foreign investors.

The ICSID had awarded Vivendi and CAA $105 million for damages plus interest and costs.

Vivendi is very satisfied with this decision rendered in its favor, in a long-running dispute, initiated in 1997, over a water services concession contract in the Argentine Province of Tucumán.

MSM petition over facilitation fee arbitration dismissed

Aug 12, http://uk.eurosport.yahoo.com/12082010/28/msm-petition-facilitation-fee-arbitration-dismissed.html

The Bombay High Court has dismissed MSM Satellite (Singapore) Pte Limited's petition asking it to prevent World Sport Group (Mauritius) from seeking to resolve their dispute over the IPL media rights 'facilitation fee' through international arbitration. The original agreement between WSG and MSM states that any disputes between the two parties must be settled by an international arbitration under English law conducted by the International Chamber of Commerce in Singapore. However MSM, the official broadcasters of the IPL, opposed the arbitration process and wanted the High Court to rule on the dispute.

Factbox: Chevron's $27 bln Ecuador damages case

Aug 24, http://www.reuters.com/article/idUSN2325292720100824?type=oilRpt

Reuters - U.S.-based Chevron Corp faces a $27 billion environmental damages lawsuit in Ecuador, a case that has already dragged on for years and could last many more if it gets bogged down in appeals. The amount in requested damages, assessed by an Ecuadorean court appointee, makes it the biggest case of its kind.

Ecuador And Oil Companies Start New Contract Talks

Aug 25, http://www.automatedtrader.net/real-time-dow-jones/13479/-ecuador-and-oil-companies-start-new-contract-talks

Dow Jones - Ecuador's Minister for Nonrenewable Natural Resources Wilson Pastor said Wednesday that oil companies have the will to negotiate contract changeovers.

Chevron Files Petition in Ecuador Seeking Dismissal of Lawsuit

Aug 6, http://www.chevron.com/chevron/pressreleases/article/08062010_chevronseekingdismissaloflawsuit.news

SAN RAMON, Calif., Aug. 6, 2010 - Chevron Corporation has today filed a petition before the Provincial Court of Sucumbíos in Lago Agrio, Ecuador seeking dismissal of the lawsuit pending against it there. In support of its petition, Chevron has submitted to the court video outtakes from the movie Crude that show the plaintiffs' counsel, consultants, and associates meeting with the court's supposedly neutral "Global Expert," Richard Stalin Cabrera Vega, to plan and create the $27.3 billion damages report that Cabrera later would present to the court as his own.

Chevron believes that the video evidence proves that plaintiffs' counsel and consultants colluded with Cabrera to present a fraudulent report and then to present a fraudulent "peer review" of their own work. Chevron also believes that the video proves that plaintiffs' and Cabrera's denials of their collusion in filings and testimony before the Ecuadorian court, before various United States courts and other institutions, and before the worldwide press have been false.

Chevron's petition argues that the case must be dismissed as a sanction for the abusive misconduct by plaintiffs and their attorneys, and because the fraudulent "Global Expert" report submitted under Cabrera's name is the only "evidence" supporting plaintiffs' case.

El Salvador intends total ban on mining

Aug 6, http://www.miningweekly.com/article/el-salvador-intends-total-ban-on-mining---report-2010-08-06

Canadian firm Pacific Rim Mining this week claimed a small victory in its arbitration against the El Salvadorian government, but President Mauricio Funes has been quoted as saying that he plans to stop mining in the country altogether.

Swiss airport operator seeks Venezuela arbitration

Aug 10, http://uk.reuters.com/article/idUKN1015792820100810

Swiss airport operator Flughafen Zurich AG and a Chilean company have requested arbitration in a dispute with Venezuela in the latest case against the country before a World Bank tribunal.

Ukrainian PM hopes to review gas contract with Russia

Aug 25, http://en.rian.ru/business/20100825/160334353.html

The Ukrainian government plans to suggest a review of the Russian-Ukrainian gas contract, which provides for a quarterly change in Ukraine's gas price, Ukrainian Prime Minister Mykola Azarov said on Wednesday.

Gazprom, E.ON Threats Won't Stop Lithuania Market Opening, Government Says

Aug 25, http://www.bloomberg.com/news/2010-08-25/gazprom-e-on-threats-won-t-stop-lithuania-market-opening-government-says.html

Lithuania won't allow threats of legal action by OAO Gazprom and E.ON AG, owners of the country's natural-gas utility, to thwart efforts to open the market to competition, Energy Minister Arvydas Sekmokas said today.

"The tone of the E.ON and Gazprom letters is in the spirit of an ultimatum addressed to the highest heads of the state," Sekmokas said at a news conference in the capital, Vilnius. "Threats about arbitration" in the case "can be perceived as pressure of large companies on a small country," he said.

Naftogaz challenges court ruling obliging it to return 12.1 bcm of gas to RUE by September 1

Aug 25, http://bsanna-news.ukrinform.ua/newsitem.php?id=13900&lang=en

UKRINFORM - The national JSC Naftogaz of Ukraine has lodged an appeal against a ruling by the Shevchenkivsky District Court of Kyiv, which confirms the verdict of the Arbitration Institute of the Stockholm Chamber of Commerce (Sweden) obliging the company to return 12.1 billion cubic meters of natural gas to Swiss-registered gas trader RosUkrEnergo (RUE), Ukrainian Energy Minister Yuriy Boiko has said.

Fuel Ministry: Naftogaz to appeal against Ukrainian court's ruling upholding decision of Stockholm Arbitration Tribunal

Aug 19, http://www.kyivpost.com/news/nation/detail/79014/

Fuel and Energy Minister Yuriy Boiko has instructed National JSC Naftogaz Ukrainy to appeal against a ruling by Shevchenkivsky District Court in Kyiv of August 13, which upheld a Stockholm Arbitration Tribunal decision obliging the state holding to return 11 billion cubic meters of gas to Swiss-registered gas trader RosUkrEnergo AG and pay a fine of 1.1 billion cubic meters of gas.

Rosneft Says Yukos Affair Not Over

Aug 12, http://www.themoscowtimes.com/news/article/rosneft-says-yukos-affair-not-over/412187.html

State-owned Rosneft said it aimed to get back the $430 million paid out to Yukos Capital earlier this week following a protracted lawsuit between the firms.

"Rosneft has complied with the Dutch court's decision but is expecting to regain control over the disbursed funds," the company said Wednesday in a press release.

...

Lukoil to Receive $438 Million in Kazakh Settlement

Aug 19, http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2010/08/19/bloomberg1376-L7FTO06M62H601-2B4N85U41S3FH4F9EQ48G30JH1.DTL

OAO Lukoil, Russia's second-largest oil producer, will receive about $438 million to help end an ownership dispute that arose when China National Petroleum Corp. bought its partner a Kazakh oil venture in 2005.

Russian court to hear RusAl suit against Norilsk Nickel AGM votes on Sept 16

Aug 20, http://en.rian.ru/business/20100820/160271013.html

A Siberian arbitration court has set a preliminary hearing date of September 16 for a suit from the world's largest aluminum producer RusAl over the failure of Russia's top nickel producer Norilsk Nickel to provide annual shareholders' meeting vote results, a court official said on Friday.

RUSAL files request for arbitration against Interros in the London Court of International Arbitration

Aug 11, http://rusal.ru/en/news_details.aspx?id=6761

UC RUSAL the world's largest aluminium producer and owner of a 25% stake in MMC Norilsk Nickel, announces the filing of a request for arbitration against Interros to the London Court of International Arbitration (LCIA).

UC RUSAL believes that Interros has breached a commitment between UC RUSAL and Interros agreed in November 2008 in respect of OJSC MMC Norilsk Nickel, which aimed to restore fair market value of Norilsk Nickel to benefit all shareholders, to ensure a balanced Board of Directors of Norilsk Nickel and to create clear and transparent mechanisms to ensure the independence of the Board of Directors.

According to this commitment, UC RUSAL and Interros, agreed to ensure the election of "an equal number of representatives from both companies" to the Board of Directors of Norilsk Nickel. In addition, both companies were to ensure the election of Alexander Voloshin to the Board and his further appointment as the independent Chairman of the Board of Directors of Norilsk Nickel.

The recent election to the Board of Directors at the AGM of Norilsk Nickel shareholders, held on 28 June 2010, upset these aims. As a result of voting at the AGM, only three representatives of UC RUSAL, two independent international directors and five representatives of Interros were elected to the Board of Directors of Norilsk Nickel. Alexander Voloshin, for whom UC RUSAL voted in accordance with the agreement, was not elected to the Board of Directors. Interros has not yet provided UC RUSAL with information about how they voted in the election.

UC RUSAL intends to restore balance to the Board of Directors of Norilsk Nickel and to defend its rights in accordance with the commitment.

RUSAL Arbitration involving Interros International Investments Limited

Aug 11, http://rusal.ru/investors/e_rusal_11082010.pdf

The Company has filed a request for arbitration to the London Court of International Arbitration pursuant to the LCIA arbitration rules for the commencement of arbitration against Interros on 10 August 2010. Shareholders and investors are advised to exercise caution when dealing in the shares of the Company.

The board of directors of United Company RUSAL Plc (the "Company") hereby announces that it has filed a request for arbitration (the "Request") to the London Court of International Arbitration (the "LCIA") pursuant to the LCIA arbitration rules for the commencement of arbitration against Interros International Investments Limited ("Interros") on 10 August 2010 in relation to a dispute that has arisen between the Company and Interros. The dispute relates to a cooperation agreement dated 25 November 2008 (the "Cooperation Agreement") between the Company and Interros in respect of a Russian company, OJSC MMC Norilsk Nickel ("Norilsk"), in which the Company and Interros each holds approximately 25% of the total issued share capital. The Cooperation Agreement provides for the resolution of disputes by way of LCIA arbitration in London, United Kingdom (the "Arbitration").

Background to the dispute

The Cooperation Agreement provides, among other things, that the Company and Interros should each use their best efforts to ensure the election of the maximum number of directors to the board of directors of Norilsk from each of them equally. It also provides that the parties should seek to ensure the election of Mr. A.S. Voloshin as a director of Norilsk and as chairman of the board of directors of Norilsk.

At Norilsk's annual general meeting on 28 June 2010 (the "AGM"), three directors nominated by the Company and four directors nominated by Interros were elected to the board of directors of Norilsk. Mr. Voloshin was not elected as a director of Norilsk and was not appointed as chairman of its board of directors. The Company alleges that Interros breached the Cooperation Agreement by failing to vote its shares so as to (1) ensure the election of four directors nominated by the Company and (2) ensure Mr. Voloshin's election as director and as chairman of Norilsk.

No hearing date has been fixed for the Arbitration. The Company seeks the speedy determination of this dispute in order that the parties' rights and obligations are established by arbitral award as quickly as possible. Further announcements will be made to keep shareholders of the Company and the investing public informed of any material development in relation to this matter as and when appropriate in accordance with the Listing Rules.

Abu Dhabi's IPIC to Sell Oilbank Stake After Rulings, Hyundai Heavy Says

Aug 11, http://www.bloomberg.com/news/2010-08-11/abu-dhabi-s-ipic-to-sell-oilbank-stake-after-rulings-hyundai-heavy-says.html

Hyundai Heavy Industries Co. said International Petroleum Investment Co. has agreed to sell Hyundai Oilbank Co. to the world's biggest shipyard for $2.2 billion after two courts ruled in favor of the transaction.

World Bank approves mining company suit against El Salvador

Aug 11. , World Bank approves mining company suit against El Salvador http://justinvestment.org/2010/08/world-bank-approves-mining-company-suit-against-el-salvador/

Source: bilaterals.org - In a decision with implications for the national sovereignty of member states under US trade pacts, a World Bank tribunal has approved a Canadian mining company's controversial lawsuit against the government of El Salvador. In 2009, Pacific Rim Mining filed the suit under the rules of the US-Central America Free Trade Agreement (CAFTA), demanding hundreds of millions of dollars from the Salvadoran government, which rejected the Vancouver-based company's application for mining permits.

Press release: White & Case Wins Third Consecutive Victory Defending Romania in an Investment Treaty Arbitration

Aug 17, http://www.whitecase.com/News/Detail.aspx?news=3730

Global law firm White & Case LLP achieved its third significant victory for Romania when a three-member tribunal terminated proceedings before the International Centre for Settlement of Investment Disputes (ICSID) without any finding of liability by Romania in the case of S&T Oil Equipment and Machinery Ltd (S&T) against Romania.

"This case represents the third complete win that White & Case has achieved for Romania, following awards dismissing all claims against Romania in two prior ICSID arbitrations, Noble Ventures v. Romania and EDF v. Romania.," said Abby Cohen Smutny, a partner in the International Arbitration Practice of White & Case.

S&T, a US company, had entered into an agreement with Romania's privatization authority to take over the privatization of S.C. Nitramonia S.A., a large chemical manufacturing and processing plant. After S&T refused to cure numerous breaches of its obligations under the agreement, including a mandatory obligation to invest in Nitramonia’s working capital, the privatization authority terminated the privatization and re-registered itself as the owner of Nitramonia and several companies that S&T had spun off Nitramonia. S&T filed claims against Romania under the US–Romania bilateral investment treaty claiming its investment had been unlawfully expropriated and seeking compensation of approximately €140 million.

"After the case was fully briefed and all evidence was exchanged by the parties, S&T evidently decided to abandon its case, just weeks before the oral hearing on the merits was scheduled to begin, declining to pay its share of ICSID administrative fees," said Darryl Lew, who together with Smutny served as lead counsel in the case. After nearly a full year passed, the ICSID Tribunal agreed to terminate the proceedings.

In addition to Smutny and Lew, the White & Case team included Francis A. Vasquez, Jr., Robert J. Bittman, Anne D. Smith, Petr Polasek, Brody K. Greenwald, Sylvia Tonova, Daniel R. Gilbert, Danielle S. Tarin, Kristen M. Young and Reuben Sequeira. The law firm of Tuca Zbârcea & Asociatii served as co-counsel in the case.

Report: The Top 10 Changes to Build a Pro-Labor, Pro-Community and Pro-Environment Trans-Pacific Partnership

Aug 19, http://justinvestment.org/2010/08/investment-rules-in-trade-agreements/

Source: Institute for Policy Studies - The Top 10 Changes to Build a Pro-Labor, Pro-Community and Pro-Environment Trans-Pacific Partnership.

......

This document identifies the top changes to these investment rules that should be made to the TPP and that would do the most to reduce the threat to the general public and environment. The list begins with the most controversial and problematic element – investor-state dispute settlement. Changes to this mechanism are critical if we are to strike the right balance between public versus private for-profit interests. However, even if this mechanism is left intact, other reforms could go a long way towards reining in the excessive powers granted to private investors: 1. Replace the Investor-State Dispute Settlement Mechanism; 2. Limit Claims over the “Minimum Standard of Treatment”; 3. Limit Claims over “Indirect Expropriation”; 4. Narrow the Definition of Investment; 5. Allow Policies to Prevent and Mitigate Financial Crises; 6. Add a General Exception for Environmental and Labor Protections; 7. Eliminate the Subsidiary Loophole; 8. Prevent Abuse of National Treatment Obligations; 9. Prevent Abuse of Most-Favored Nation Obligations; 10. Create a Level Playing Field Between State-owned and Private Enterprises.

Dubai International Arbitration Centre partners with Cornell University

Aug 18, http://www.ameinfo.com/240457.html

The Dubai International Arbitration Centre (DIAC), an initiative of Dubai Chamber of Commerce and Industry, entered into a partnership agreement with the Institute of Conflict Resolution at Cornell University (ILR) based in New York, USA, for a hands-on exchange of cutting edge expertise between the University's academicians and the Centre's institutional case management expertise in the settlement of commercial disputes.

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:

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.

SMU Asian Arbitration Lecture: International Arbitration in a Global Economy: The Challenges of the Future

23 September, Singapore. http://www.law.smu.edu.sg/herbert_smith/2010/

Singapore Management University School of Law in association with Herbert Smith are pleased to invite you to the inaugural Herbert Smith - SMU Asian Arbitration Lecture on "International Arbitration in a Global Economy: The Challenges of the Future". Guest speaker: Dr. Bernard Hanotiau, Attorney at Law, Brussels Bar, Hanotiau & van den Berg

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.

IAI Conference on Jurisdiction in Investment Treaty Arbitration - 14 October 2010 [pdf]

14 October 2010. Paris, France. http://www.iaiparis.com/dwnld/agenda/IAIConference2010Programme.pdf

Conference organized by the International Arbitration Institute (IAI) on issues of "Jurisdiction in Investment Treaty Arbitration". The Conference will take place in Paris at the Cercle Interallié. Speakers and moderators include: Emmanuel Gaillard, Vicky Pryce, Stanimir Alexandrov, Pierre-Marie Dupuy, Stephen M. Schwebel, Michael Polkinghorne, Peter Turner, Megan Clifford, Roberto Echandi-Gurdián, Jae-Hoon Kim, Laurent Lévy, Doak Bishop, Partner, Yas Banifatemi, Geneviève Bastid Burdeau, Charles Brower, Veijo Heiskanen, Zachary Douglas. Working languages: English and French, with simultaneous translation.

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/

Current Developments in Investment Arbitration

Florida International University College of Law. Miami, Florida. November 5-6, 2010. http://bit.ly/9yOBPA

This seminar will offer an opportunity to US and Latin American arbitrators, practicing attorneys, corporate counsel, government officials, and academics, to discuss a broad range of issues currently at stake in the practice of investment arbitration. The program features several sessions and a showcase debate on the key issues that arise in investment arbitration. A number of well-known experts in the field of investment arbitration will be among the discussants and presenters at this seminar. This event will be hosted at Florida International University College of Law and is co-organized by FIU's Global Legal Studies Initiative and the Instituto Latinoamericano de Arbitraje.

Featured speakers and moderators include: Christian Leathley, Curtis, Mallet-Prevost, Colt & Mosle, LLP; Cristián Conejero Roos, Cuatrecases, Goncalves Pereira; Diego Brian Gosis, Remaggi, Pico, Jessen & Asociados; Ignacio L. Torterola, PTN - ICSID Liaison at the Argentine Embassy in Washington, DC; Marco Schnabl, Skadden, Arps, Slate, Meagher & Flom, LLP; Tomás Solis, Dewey & Leboeuf, LLP; Manuel A. Gomez, Florida International University College of Law; J. Eloy Anzola, Independent Arbitrator / Florida International University College of Law.

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.

Stockholm conference on Resolving Disputes in Today's China - A Case Study

8 November 2010, Sweden. http://www.sccinstitute.com/?id=23696&newsid=35599

The program revolves around a hypothetical case of a European-Chinese joint venture which has run into problems. Panelists will provide a practical approach and discuss the options available from a dispute resolution perspective, including investor-state arbitration. Corporate counsel will round off with a client perspective on the alternatives as presented throughout the day.

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.

Guerrilla Tactics in International Arbitration & Litigation, The Fine Line: How to Counter & Employ

Vienna, Austria. November 12 and 13 2010. http://www.icc-austria.org/

The conference will address topical issues that are of interest to arbitration practitioners, in-house counsel as well as forensic experts and investigators. A summary list of topics is provided below.

The registration form included in the detailed conference flyer (featuring legal experts from civil/common law jurisdictions along with investigation and PR experts, representatives of arbitration institutions and in-house counsel) is available at http://www.icc-austria.org/. OGEMID/YOUNG OGEMID members will receive a 10% discount on the registration fee (please state membership on registration form).

Friday, November 12, 2010
Start of registration: 8:15 a.m.

Conference: 10:00 a.m. - 6:30 p.m.

Facing the reality of guerrilla tactics in international arbitration

Facing guerrilla tactics - Sanctions of the tribunal & the threat of setting aside & enforcement proceedings

Facing guerrilla tactics - Investigation, media work & the in-house perspective

Cocktail - Reception & Conference Dinner (side event)

Saturday, November 13, 2010

9:30 a.m. - 1:30 p.m.

Preventing guerrilla tactics in arbitration through state court & institutional support Guerrilla tactics in international litigation

Preventing/Employing "guerrilla tactics" in arbitration and litigation

Cross Border Arbitration & Dispute Resolution

November 15 - 16, London, UK. http://www.informaglobalevents.com/KW8107TDMWB

* Hear from those at the coal face of international arbitration and those advising in the most complex cross border disputes
* Gain a deeper understanding of alternative dispute resolution and a greater commercial pragmatism in resolving commercial disputes
* Benefit from a sophisticated, advanced analysis and comparison of the various arbitration institutions and an update on the very latest institution and arbitration rules
* Hear a thorough update and insightful commentary from exceptional industry speakers and advisers from the very top of their game
Claim your 10% discount to attend this conference. Just quote your VIP Code: KW8107TDM.

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.

Investment arbitration and EU law, 8 December 2010

Paris, France.

The future of Investment arbitration in EU law is far from clear. The July Communication by the European Commission contributes to the ongoing discussion. On 8 December 2010, the European College of Paris and Prof. Catherine Kessedjian will host a "journée d'étude" on Investment arbitration and EU law as a follow up to the discussions held on 27 April 2009 which were published in November 2009. Papers will be presented in either French or English. There will be no simultaneous translation. Registration will be open around mid October. The full program may be obtained from the organising committee at investmentarb-8-12-2010 (at) hotmail (dot) fr

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.

Mauritius International Arbitration Conference 2010

13 and 14 December 2010, Balaclava, Mauritius. www.miac2010.mu

The conference is co-hosted by ICSID, UNCITRAL, the PCA, the ICC, the LCIA and ICCA and will launch the new platform created by the Government of Mauritius for international commercial and investment arbitration after five years of work during which Mauritius has adopted state-of-the art legislation based on the UNCITRAL Model Law; concluded a Host Country Agreement with the Permanent Court of Arbitration at The Hague pursuant to which the PCA has now appointed a permanent representative in Mauritius; and taken steps to open a dedicated and state-of-the art Centre for International Arbitration in co-operation with a leading institution.

MOVES / JOBS

Mr Cavinder Bull SC Appointed as New Deputy Chairman Singapore International Arbitration Centre

Aug 20, http://www.siac.org.sg/cms/index.php?option=com_content&view=article&id=221:siac-appoints-new-deputy-chairman&catid=1:latest-news&Itemid=50

The Chairman of the Singapore International Arbitration Centre (SIAC), Professor Michael Pryles, is delighted to announce the appointment of Mr Cavinder Bull SC as Deputy Chairman of the SIAC Board of Directors from 1 October 2010. Mr Bull has served as a member of the SIAC Board of Directors since March 1st 2009. He is a Director of Drew & Napier LLC.

President Aquino names Sereno SC Associate Justice

Aug 13, http://www.mb.com.ph/articles/272241/aquino-names-sereno-sc-associate-justice

President Benigno S. Aquino III Friday picked Maria Lourdes Aranal Sereno as his first appointee to the Supreme Court. Sereno took the Associate Justice position vacated by Justice Renato Corona after his appointment as Chief Justice. Corona replaced retired Chief Justice Reynato Puno.

Jill Barrett joins Institute as Senior Research Fellow in Public International Law

Aug 10, http://www.biicl.org/news/view/-/id/143/

The British Institute of International and Comparative Law is delighted to announce that Jill Barrett has joined them as the Senior Research Fellow in Public International Law. Jill is a highly experienced public international lawyer, having worked for over two decades with the Legal Adviser's team in the UK's Foreign and Commonwealth Office and previously at SOAS, University of London, and Durham University. She brings an ideal combination of broad practical experience of the multitude of international law issues today with a strong scholarly base, and will enhance the global recognition of the expertise of the Institute in applied research on matters of public international law.

BOOKS

Set-off Defences in International Commercial Arbitration: A Comparative Analysis

by Christiana Fountoulakis
ISBN13: 9781849460323
ISBN: 1849460329
Publisher: Hart Publishing

The book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance, and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and last part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that may offer significant help in the adjudication of commercial disputes.

ICSID

New: Flughafen Zurich A.G. and Gestion e Ingenieria IDC S.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/19)

Subject Matter: Development, operation, and maintenance of an airport. Registered August 09, 2010

Award: Togo Electricité and GDF-Suez Energie Services v. Republic of Togo (ICSID Case No. ARB/06/7)

Subject Matter: Electricity concession. Outcome of Proceeding: The Tribunal renders its award on August 10, 2010.

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

Outcome of Proceeding: The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 on August 19, 2010.

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

Status of Proceeding: Pending (the Tribunal issues a decision on bifurcation on August 22, 2010)

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

Status of Proceeding: Pending (the parties file post-hearing briefs on August 4, 2010)

Abengoa, S.A. y COFIDES, S.A. v. United Mexican States (ICSID Case No. ARB(AF)/09/2)

Tribunal Constituted: August 16. Composition: A. Mourre, J. Fernández-Armesto, E.T. Siqueiros

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

Status of Proceeding: Pending (the Claimant files a request for provisional measures on August 16, 2010)

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

Status of Proceeding: Pending (the Tribunal issues a decision on the Claimant's request of July 14, 2010 on August 10, 2010)

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

Status of Proceeding: Pending (The Respondent files a statement of costs on July 9, 2010)