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

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issue #17, week 49. 07 December 2010
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM

TDM Recently published

• The Art of Advocacy in International Arbitration by D. Bishop and E. Kehoe (book review)
• Cultural Differences in Advocacy in International Arbitration
• Comment on Jan Paulsson's essay: "Cultural differences in Advocacy in International Arbitration"
• Making Your Case: The Art of Persuading Judges by Antonin Scalia & Bryan A Garner (book review)
• Fit and Function in Legal Ethics: Developing a Code of Attorney Conduct for International Arbitration
• Regulating International Arbitrators: A Functional Approach to Developing Standards of Conduct
• Enabling Trade in the Era of Information Technologies: Breaking Down Barriers to the Free Flow of Information
• The Multilateralization of International Investment Law by Stephan W. Schill (Book review)

See https://www.transnational-dispute-management.com/journal-advance-publication.asp

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

NEWS

Report: Human rights impact assessments for trade and investment agreements

http://www.humanrightsimpact.org/resource-database/publications/resources/view/298/user_hria_publications/

Report: http://www.ccic.ca/what_we_do/Report_HRIA-seminar_2010_eng%5B1%5D.pdf

Author(s): Berne Declaration, the Canadian Council for International Co-operation, Misereor

Publisher: 2010, Berne Declaration, the Canadian Council for International Co-operation, Misereor

This report reviews the conclusions of a recent international expert seminar on human rights impact assessments for trade and investment agreements convened under the auspices of the UN Special Rapporteur for the Right to Food, Olivier De Schutter. The seminar, hosted by the South Centre in Geneva in June 2010, was jointly organized by the Berne Declaration, the Canadian Council for International Co-operation, Misereor and others.

The report sets out key issues and methodologies for conducting human rights impact assessments (HRIAs) for trade and investment agreements. There have been widespread calls for States to undertake HRIAs ahead of concluding trade agreements, but limited international consensus on how to do so.

The objectives of the seminar were:

1. To review lessons learned from existing approaches to HRIAs for trade and investment agreements, as well as other relevant assessment and monitoring tools.

2. To review and develop key principles, indicators and methodological approaches to guide HRIAs of trade and investment agreements, including a focus on specific human rights and on specific trade and investment provisions.

3. To lay the groundwork for the elaboration of guidelines and/or terms of reference for HRIAs of trade and investment agreements, to be applied in pilot initiatives.

4. To strengthen collaboration and international working relationships among civil society organizations (CSOs), academics and UN officials with an interest in promoting HRIAs.

5. To improve recognition of HRIAs as a feasible and important policy step for states negotiating trade and investment agreements.

The meeting underscored the urgency of mobilizing governments, CSOs and multilateral institutions to take concrete steps towards developing a human-rights-based approach to trade and investment agreements, and highlighted the possibilities for employing HRIAs as one means to this end.

The Georgetown Declaration (November 2010)

Nov 26, http://www.guyanachronicleonline.com/site/index.php?option=com_content&view=article&id=21734:the-georgetown-declaration&catid=2:news&Itemid=2

The following is the full text of the Declaration agreed here in Georgetown, Guyana, at the IV Ordinary Meeting of The Council of Heads of State and Government of The Union of South American Nations (UNASUR) on Friday November 26, 2010.

...

21. Urge Member States to fulfill the mandates outlined at the meetings of the Council of Heads of State and Government on August 10, 2009 and May 4, 2010, regarding the creation of an investment-related dispute settlement mechanism. In that respect, they call on the Pro Tempore Presidency to convene, within the next 30 days, the Working Group on Dispute Settlement that shall comprise high-level experts appointed by the Heads of State and Government, to consider the proposal put forward by the Republic of Ecuador regarding the following issues: Dispute Settlement Centre; Centre for Legal Advice on Investment-related Issues and Code of Conduct for the Members of the Arbitration Tribunals. The Group shall present its recommendations to the Council of Delegates that shall be convened for that purpose, 90 days after it has been constituted;

...

ALSF Takes Measures to Fight Vulture Funds in Africa

Nov 9, http://www.aflsf.org/en/actualites/3-generale/13-alsf-prend-des-mesures-pour-lutter-contre-les-fonds-vautours-en-afrique.html

The African Legal Support Facility (ALSF) will provide a USD 500,000 grant to fund services of a reputable international law firm in connection with the dispute between the government of the Democratic Republic of Congo (DRC) and a renowned vulture fund, FG Hemisphere. The ALSF Acting Director, Mamoudou Deme, revealed his institution's support to DRC, on Tuesday, 9 November 2010 in Tunis, following the grant's approval by the ALSF Board on 8 November 2010.

Winners of CEDR Awards 2010 announced

Nov 18, http://www.cedr.com/news/?357

Important conflict management initiatives recognised.

World Arbitration Forum for IP Inaugurated in Jordan

Nov 24, http://www.ag-ip-news.com/GetArticle.asp?Art_ID=8613&lang=en

JORDAN - The World Arbitration Forum for Intellectual Property, organized by the Arbitration Center of the Arab Federation for Protection of Intellectual Property (ACIP), was inaugurated today by HRH Prince Asem Bin Nayef at the Mövenpick Resort Dead Sea with the participation of regional and international experts and officials.

The two-day Forum aims at highlighting the pivotal and strategic role of Jordan in the Arab region, and to emphasis on the distinguished Jordanian role in the legislature of intellectual property and arbitration.

CIArb Launches Major Survey into Costs of International Arbitration

Nov 26, http://www.ciarb.org/news/ciarb-news/ciarb-launches-major-survey-into-costs-of-international-arbitration.php

The Chartered Institute of Arbitrators (CIArb) is launching a major survey into the costs of international arbitration, which has become the preferred method of resolving cross-border commercial disputes. CIArb invites corporate counsel, lawyers and arbitrators involved in international commercial dispute resolution to participate in the survey, the results of which will be analysed and presented at a conference to be held in September 2011 in London.

The Chartered Institute of Arbitrators (CIArb) today launches a major survey into the costs of international arbitration. The 'Costs of Arbitration' survey will gather data to inform parties, legal representatives and arbitrators about the overall costs of international commercial arbitration and how these are incurred at each stage.

The results will be analysed and presented at an international conference organised by CIArb and sponsored by Alvarez & Marsal on 27 - 28 September 2011 in London, aimed at uncovering ways in which costs might be reduced and the process streamlined to become more cost-effective and efficient.

International arbitration has a justifiable reputation as the preferred method of dispute resolution for international commercial disputes. The worldwide economic downturn has accelerated a rising trend in favour of the use of international arbitration, where the enforceability of awards under the New York Convention gives it a major advantage over litigation in national courts. Globally, governments have invested in bringing their arbitration laws up-to-date and building modern arbitration centres to capitalise on this growing market.

However, as the size and complexity of disputes referred to international arbitration has increased, so too have concerns about the growing complexity, cost and time involved in the process, diminishing some of the very factors that make it preferable to the courts for commercial dispute resolution.

CIArb's Costs of Arbitration survey will play a key role in understanding the present position and, together with the international conference on the Costs of International Arbitration, finding ways of tackling the problem and reducing the costs of arbitration.

Doug Jones SC FCIArb, a Chartered Arbitrator and Vice President of CIArb (President in 2011) and a member of the organising committee for the conference said: "The survey report and conference will provide an invaluable contribution to the debate on costs, helping to generate proposals to restore speed and cost-effectiveness to the arbitration process. This is essential if international arbitration is to maintain its position as the commercial dispute resolution method of choice. To make the survey effective, we need corporate counsel, party representatives and arbitrators to give us as much data as possible on arbitrations in which they have been involved."

All participants in the survey will receive a report of the survey findings and a discount on the cost of attending the conference.

The launch of CIArb's survey reflects the sustained growth of international arbitration worldwide and its importance to global corporations. Last month Queen Mary University of London released the findings of its 2010 survey exploring the factors that influence corporate choices about arbitration. CIArb's survey will focus specifically on the crucial aspect of costs, a factor not specifically examined in the Queen Mary survey but one which is becoming ever more critical to all businesses, especially in the present economic climate.

The conference will assemble an array of distinguished speakers to discuss the impact of costs in different jurisdictions and sectors. It will include contributions from all those involved in the process, from in-house counsel in the commercial, construction, maritime and oil and gas sectors to lawyers, arbitrators and expert witnesses.

It will be an essential date in the diary for all practitioners, corporate counsel, chief executives, commercial and finance directors, international trade lawyers, investment advisers, policymakers and contract drafters.

To complete the Costs in Arbitration Survey (party representatives or arbitral tribunal members) please visit: http://www.shape-the-future.com/costsurvey

To find out more information about CIArb's Costs of International Arbitration conference or to register your interest, please visit CIArb's conference site: http://www.ciarb.org/conferences/costs

Algeria: Legal action last resort, says Orascom

Nov 19, http://www.tradearabia.com/news/it_189156.html

Egypt's mobile phone company Orascom Telecom said it still hoped to resolve a dispute with the Algerian government over its Djezzy unit although it did not rule out arbitration as a last resort. 'There is an international tender to choose advisers on November 24,' Chief Executive Khaled Bichara told the Morgan Stanley annual TMT conference in Barcelona on Thursday.

Argentina-US: Transportadora De Gas Del Sur S.A. ("Tgs")

Dec 1, http://www.sec.gov/Archives/edgar/data/931427/000093142710000020/balancetgsseptiembre2010ingl.htm

On September 30, 2010, the Company filed an injunction against the ENARGAS and the SCyCG in order to obtain the implementation of the new tariff increase schedule. On October 25, 2010, the ENARGAS and the SCyCG provided the information required by the Judge on October 19, 2010. On November 8, 2010 the Company was served notice of the judgment that upheld the injunction filed by TGS. Said judgment orders the SCyCG to return to ENARGAS -within a two-day period- the documents remitted by said body in connection with the Tariff Chart applicable to TGS under Decree No. 1,918/09; and orders the ENARGAS -within two days following reception of said documents- to set the Tariff Chart and the retroactive collection methodology.

Consequently, for the nine-month period ended September 30, 2010, TGS recorded sales for Ps. 46.5 million valued at their present value, in relation with the tariff increase mentioned above. The transitional agreement will be in force until the date of the coming into effect of the integral license renegotiation agreement to be signed with the Argentine government.

According to the provisional agreement, the Company should reach a consensus with the UNIREN on the terms and conditions of the overall agreement subscription before the expiration date of the Emergency Law, on December 31, 2011. In the case of not reaching this consensus, the UNIREN will inform the Executive Branch with the recommendations of the procedural steps to follow.

In this regard, in October 2008, TGS received an integral license renegotiation agreement proposal from the UNIREN (which includes the initial 20% tariff increase), whose purpose is the license renegotiation and the overall tariff revision. As of the date of the issuance of these consolidated interim financial statements, TGS is still evaluating the terms of this proposal and negotiating with the UNIREN the scope of one of its clauses.

The production and commercialization of liquids segment is not regulated by the ENARGAS, and as it is provided in the Transfer Agreement, is organized as a separate business unit within the Company, keeping accounting information separately. However, the Federal Energy Bureau sets the propane and butane sales price for the local market. This agency determines periodically a minimum volume of propane and butane to be commercialized by the producers in the local market in order to guarantee the domestic supply.

On September 30, 2008 the Federal Energy Bureau and propane and butane producers, among others, signed an agreement on the price stabilization of the LPG bottles whereby the industry players committed to a substantial reduction in the price of LPG bottles from October 1, 2008, to support low-income consumers. This price reduction is partially offset by a subsidy paid by a trust fund created for that purpose. This trust fund receives the funds provided by the rise in the wellhead natural gas price which was authorized by the Argentine government.

The License establishes, among other restrictions, that the Company will not be allowed to assume CIESA's obligations, nor to grant loans, real guarantees or any other kind of favor to CIESA's creditors.

Bangladesh: Govt yet to award gas block to Tullow in disputed area

dec 6, http://www.thefinancialexpress-bd.com/more.php?news_id=119358&date=2010-12-06

The government is still indecisive over awarding a shallow water gas block to Irish Tullow Oil as it could not reach a consensus with the foreign firm over exploration in disputed offshore areas, officials said Sunday.

Canada to spell out investment rules within month

Nov 16, http://www.reuters.com/article/idUSN1614257820101116

Reuters - Canada will clarify in the next month how it intends to interpret its foreign investment law after it blocked what would have been the biggest takeover this year, Industry Minister Tony Clement said on Tuesday.

Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. Republic of El Salvador (ICSID Case No. ARB/09/17) Public Hearing

Nov 17, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement71

The hearing on preliminary objections was held at the seat of the Centre in Washington, D.C. The case concerns a mining enterprise in the Republic of El Salvador. Procedural details of the case are available on our website.

The live streaming was made available pursuant to Article 10.21.2 of the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA-US), with full support from the disputing parties. The oral proceedings were webcast in Spanish and English, the procedural languages chosen by the parties. Video recordings of the hearing, in both languages, will remain available at the ICSID website.

This initiative is part of the Centre's continuous effort to promote a broader understanding of investment dispute settlement under the ICSID Convention, Rules and Regulations, and to further the development of international investment law.

Costa Rica: Crucitas ruling bad sign, say biz leaders

Dec 3, http://www.ticotimes.net/News/Top-Story/News/Crucitas-ruling-bad-sign-say-biz-leaders_Friday-December-03-2010

A landmark court ruling that last week struck down a major gold mining concession may scare away foreign investment, say some members of Costa Rica's business and political communities.

"It's a mark in the negative column," said Lynda Solar, executive director of the Costa Rican-American Chamber of Commerce (AMCHAM), referring to a ruling that rescinded a concession the government had already granted to Industrias Infinito, a Costa Rican subsidiary of Calgary, Canada-based Infinito Gold, for operations at its site at Las Crucitas.

Costa Rica: Infinito Loses Half Its Value On Reports Costa Rican Court Annulled Crucitas Gold Mine Concession

Nov 26, http://www.insidecostarica.com/dailynews/2010/november/26/costarica10112606.htm

Reuters says the administrative court's decision comes after Costa Rica's Supreme Court ruled in April that the Crucitas project could move forward. After that ruling, environmentalists put together a new case to challenge the mine's legality, Reuters adds.

See also "Administrative Tribunal Rules on Crucitas" http://www.infinitogold.com/s/News.asp?ReportID=430598&_Type=News&_Title=Administrative-Tribunal-Rules-on-Crucitas

Infinito Gold Ltd. announces that the Tribunal Contencioso Administrativo (the "Administrative Tribunal") in Costa Rica has rendered a summary ruling on November 24, 2010, on the Crucitas gold mining permits and permitting procedures. The verbal ruling read in court is negative and includes cancellations of the Company's exploitation concessions and environmental and other approvals held by its local subsidiary, Industrias Infinito SA ("IISA"). The Company is seeking further details of the ruling and has been advised the full written ruling will not be available until December 14, 2010. IISA is considering all legal options including submitting an appeal to the relevant chamber of the Supreme Court of Costa Rica (SALA I). The decision by the Administrative Tribunal appears to conflict with the decision reached by the Constitutional Chamber of the Supreme Court of Costa Rica (SALA IV) in April of 2010 that confirmed the validity of IISA's exploitation concessions and approvals.

The Company is reviewing the impact of this ruling with respect to its debt facilities and their related covenants and the impact this may have on the presentation of its financial statements.

Ecuador Says Two Oil Firms Will Not Sign New Deals

Nov 20, http://abcnews.go.com/Business/wireStory?id=12203247

Reuters - Tuesday is the deadline for executives to sign new deals that would throw out profit-sharing arrangements in favor of flat-fee service contracts. The government says companies that do not sign the new pacts would have to leave the country.

See also "Petrobras to Leave Ecuador as Contract Talks Fail" http://online.wsj.com/article/SB10001424052748704170404575625131428716488.html

Ecuador sees long fight if oil firms protest

Nov 17, http://af.reuters.com/article/energyOilNews/idAFN1616357120101117

Reuters - Ecuador's President Rafael Correa warned on Tuesday of a lengthy legal dispute if foreign oil firms seek international arbitration over the government's efforts to renegotiate contracts in its favor.

Ecuador settles OCP oil pipeline dispute with foreign owners

Nov 25, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/Oil/8225845

Ecuador's contract renegotiations with major foreign oil companies this week included the settlement of a dispute over the privately-operated Heavy Crude Pipeline, or OCP, Oil Minister Wilson Pastor said Thursday.

While the government failed to reach agreements with Petrobras of Brazil and Noble Energy of the US, it has already reached a cash settlement with Noble over its assets and expects a transition of Petrobras' operations by the end of the first quarter, Pastor told reporters at the ministry in Quito.

Ecuador: Eni successfully renegotiates oil contract in Ecuador

Nov 24, http://www.eni.com/en_IT/media/press-releases/2010/11/2010-11-24-ecuador-contratct.shtml

Eni signed yesterday in Quito a new service contract for the Villano oil field, which allows Eni to successfully continue its operations in Ecuador confirming the extension of the contract until 2023.

Ecuador: Petrobras Argentina not to migrate contract in Ecuador

Nov 24, http://www.agenciapetrobrasdenoticias.com.br/

Petrobras states that its subsidiary Petrobras Argentina S.A. (Petrobras Argentina) has not accepted the final arrangements proposed by the government of Ecuador to migrate from exploration to service contracts for operations in Block 18 and the Palo Azul Unified Field.

Petrobras Argentina has an interest in these assets through Ecuador TLC S.A., in which it holds a 30% stake. Both assets are located in the Eastern Basin of Ecuador. Oil production related to the stake held by Petrobras Argentina S.A. (2,400 barrels a day) amounts to 3% of the company's total consolidated oil and gas production.

The company will take the necessary measures to secure the compensation payment laid down in the contract, and the outcome will ultimately determine the financial impact of not migrating to service contracts.

Petrobras Argentina's presence in Ecuador consists mainly of the stake it holds in Sociedad Oleoducto de Crudos Pesados S.A

Fiji: Fiji Water shuts operations in 'unstable' Pacific nation

Nov 29, http://news.yahoo.com/s/afp/20101129/bs_afp/fijiusbusinessdrinkresources

US-owned bottled water giant Fiji Water shut down operations in the military-ruled Pacific nation Monday, branding it "increasingly unstable" and a risky place to do business.

Grynberg Summoned to Court (subscription only)

Nov 24, http://www.africaintelligence.com/AEM/oil/2010/11/24/grynberg-summoned-to-court%2C86337987-ART-login

Without waiting for a verdict in arbitration proceedings pitting it against Jack Grynberg's company, Bangui has ordered the U.S. oil man to appear in a local court.

Guernsey: Burford Capital Limited raises $175 million to become world's largest dispute financier

Nov 25, http://www.guernseyfinance.com/news_room/guernsey-fund-raises-175-million-become-worlds-largest-dispute-financier

Burford Capital Limited has raised $175 million (£110 million) to create the world's largest dispute financier.

The Guernsey closed-ended investment company is publicly traded on the London Stock Exchange's Alternative Investment Market (AIM) following from its initial public offering (IPO) in October 2009.

Guatemala: TECO Guatemala Holdings, LLC v. Republic of Guatemala (ICSID Case No. ARB/10/23)

Electricity distribution concession, Registered November 23, 2010. Tribunal not yet constituted

"On Jan. 13, 2009, a TECO Energy subsidiary, TECO Guatemala Holdings, LLC, (TGH), delivered a Notice of Intent to the Guatemalan government that it intended to file an arbitration claim against the Republic of Guatemala under the Dominican Republic Central America - United States Free Trade Agreement (DR - CAFTA) alleging a violation of fair and equitable treatment of its investment in EEGSA. On Oct. 20, 2010, TGH filed a Notice of Arbitration with the International Centre for Settlement of Investment Disputes to proceed with its arbitration claim.

The arbitration was prompted by actions of the Guatemalan government in July 2008 which, among other things, unilaterally reset the distribution tariff for EEGSA at levels well below the then existing tariffs. These actions caused a significant reduction in earnings from EEGSA. Until Oct. 21, 2010, TGH held a 24% ownership interest in EEGSA through a holding company (DECA II) with Iberdrola Energia, S.A. and Electricidade de Portugal, S.A. On such date, TGH's interest was sold (see below). In connection with the sale of TGH's ownership interest in EEGSA, TGH reserved the right to pursue the arbitration claim described above." source http://www.sec.gov/Archives/edgar/data/96271/000119312510248971/0001193125-10-248971.txt

Hong Kong Pushes International Arbitration Centre, by Mary Swire

Nov 19, http://www.tax-news.com/news/Hong_Kong_Pushes_International_Arbitration_Centre____46435.html

At a luncheon arranged by the Hong Kong International Arbitration Centre, the Secretary for Justice, Wong Yan Lung, confirmed that the government is committed to the development of arbitration in Hong Kong.

ICSID: New Designations to the ICSID Panels

Nov 24, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement72

The Centre maintains a Panel of Conciliators and a Panel of Arbitrators pursuant to Articles 12-16 of the ICSID Convention. Each ICSID Contracting State may designate up to four persons to each Panel. The designees may, but need not, be nationals of the designating country. In addition, up to ten persons may be designated by the Chairman of the Administrative Council. Each designee normally serves for a renewable term of six years.

Since the last release of March 2010, designations to the ICSID Panels have been made by the governments of Australia, Belgium, Burundi, China, Costa Rica, Georgia, Jordan, Lebanon, Morocco, Paraguay, Slovak Republic, Somalia, Sri Lanka and Syria. The names of the designees and the effective dates of their terms in office are listed on the ICSID website.

ICSID: Results of the 2010 ICSID Review Student Writing Competition

Nov 24, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement73

ICSID wishes to congratulate Delphine Burriez and Bart L. Smit Duijzentkunst as the winners of the First Annual ICSID Review-Foreign Investment Law Journal Student Writing Competition. Mr. Smit Duijzentkunst, an LL.M. student at Tufts University's Fletcher School of Law and Diplomacy, discussed "Treaty Rights as Tradable Assets: Can Investors Waive Investment Treaty Protection?" Ms. Burriez, a PhD student at the University of Paris II, Panthéon-Assas, explored "Procedural Treaty Shopping Based on Incorporation in Transnational Arbitration" [« Le treaty shopping procédural d'incorporation dans le contentieux arbitral transnational »].

India: London Court of International Arbitration hears first two cases in India

Nov 25, http://www.legallyindia.com/201011251558/Bar-Bench-Litigation/london-court-of-international-arbitration-hears-first-two-cases-in-india

The London Court of International Arbitration's (LCIA) first independent subsidiary LCIA India has commenced business with its first two arbitration cases received within six months of the publication of the LCIA arbitration and mediation rules in April this year.

Indonesia: Govt to continue with final PT NNT divestment

Dec 6, http://www.thejakartapost.com/news/2010/12/06/govt-continue-with-final-pt-nnt-divestment.html

The Energy and Mineral Resources Ministry says that the divestment of the final 7 percent stake in PT Newmont Nusa Tenggara (PT NNT) will proceed despite a recent court verdict annulling the initial divestment.

Indonesia: Newmont to Appeal Indonesian Court Ruling Contradicting Contract of Work

Nov 30, http://www.tradingmarkets.com/news/press-release/nem_ssumf_newmont-to-appeal-indonesian-court-ruling-contradicting-contract-of-work-1338398.html

Newmont Mining Corporation announced that its subsidiary, Newmont Indonesia Limited ("NIL"), along with Nusa Tenggara Mining Corporation ("NTMC"), a subsidiary of Sumitomo Corporation, will appeal a ruling issued earlier today by the South Jakarta District Court finding that PT Pukuafu Indah ("PTPI") has an entitlement to receive the 31% stake in PT Newmont Nusa Tenggara ("PTNNT") that NIL and NTMC are required to divest and awarding PTPI monetary damages of approximately $27 million.

Ireland: Report on Alternative Dispute Resolution: Mediation and Conciliation

Nov 16, http://www.lawreform.ie/news/report-on-alternative-dispute-resolution-mediation-and-conciliation.318.html

Full report: http://www.lawreform.ie/_fileupload/Reports/r98ADR.pdf

Tuesday 16th November 2010: The Law Reform Commission's Report on Alternative Dispute Resolution: Mediation and Conciliation will be launched by the Chief Justice, Mr Justice John Murray, at the Commission's offices at 6 pm this evening. This Report forms part of the Commission's Third Programme of Law Reform 2008-2014, it makes over 100 reform recommendations and also includes a draft Mediation and Conciliation Bill.

Jamaica: Legal settlement boosts Lasco's bottom line

Nov 21, http://www.jamaicaobserver.com/Legal-settlement-boosts-Lasco-s-bottom-line_8163760

Lasco Distributors Limited (LDL) is to see a boost in profits of $31.6 million at the end of the December 31, 2010 quarter following a favourable settlement between the company and its co-distributor Johnson and Johnson (J&J).

...

The dispute was settled, through arbitration on November 3, 2010. LDL had made a provision of $47 million in the previous financial year ended March 31, 2010 for the settlement. However, based on the settlement, LDL was required to pay $15.4 million, as such the over provision of the difference of $31.6 million will be written back to profit for the quarter-ending December 31, 2010.

Kazakhstan accuses Italian oil company Agip of fraud worth $110 million

Nov 19, http://www.canadianbusiness.com/markets/market_news/article.jsp?content=D9JJ3U080

AP - Police in Kazakhstan have accused Italian energy company Agip, an operator of the country's largest oil project, of fraud worth $110 million, local media reported Friday.

Kazakhstan: Ascom Urges International Leaders to Address Kazakhstan's 'Resource Nationalism' as 40 Heads of State Gather in Astana for the OSCE Summit

Nov 23, http://www.tristanoil.com/index.php/oil-price/87-september-8-2010.html

Illegal Expropriation of Energy Assets is a Red Flag for the International Community's Dealings With Kazakh Government

Ascom S.A. ('Ascom'), the international oil and gas exploration group, today called on international leaders attending the Organization of Security and Cooperation in Europe Summit on the 1 -2 December in Astana, Kazakhstan, to raise concerns about Kazakhstan's ongoing 'resource nationalism'.

40 Heads of State will be attending the summit, including Russian President Dmitri Medvedev, German Chancellor Angela Merkel and French President Nicolas Sarkozy. Also in attendance will be the UN Secretary General Bank Ki-Moon, the Chairman of the European Union Jose Manuel Barroso and the US Secretary of State Hillary Clinton.

In September 2010, Ascom announced it had taken the Government of Kazakhstan to court in Stockholm following the illegal expropriation of its investments in Kazakhstan, in direct contravention of the international Energy Charter Treaty.

Ascom's subsidiary, Tristan Oil, invested over $1billion over a ten year period in Kazakhstan, but was subjected to a systematic campaign of harassment by the Kazakh State from 2008. This culminated with the abrupt cancellation of the Subsoil Use Contracts held by Ascom's local operating companies and the illegal seizure of its Kazakh assets in July 2010. These assets are now being operated by state-owned KazMunaiGas.

Ascom believes that this trend should be of concern to other investors, international businesses and oil companies, such as ExxonMobil, Royal Dutch Shell, BP, Chevron Corporation, ConocoPhillips and Total S.A., operating in Kazakhstan.

Comment

Artur Lungu, Chief Financial Officer of Tristan Oil and Commercial Vice President of Ascom, said

"The Kazakh Government's authority and legitimacy to participate in international affairs continues to be severely undermined by its ongoing illegal expropriation of energy assets and flouting of its own laws, such as we have experienced. This is to the long-term detriment of its reputation with international investors, business and governments, the international rule of law and its economic development.

"For the Heads of State from over 40 countries to attend this summit and not discuss the very real concerns about the direction of the country, would be an opportunity missed. If Kazakhstan wants to be seen as a key participant in international affairs and attract foreign investment, then it must provide assurances to the international community that it will abide by the rule of law.

"We would urge any businesses thinking of operating in Kazakhstan to consider carefully the illegal expropriation of our investment of over $1bn over ten years."

Kenya: Sh2.4bn scandal unravels, 30 years after dubious deal

http://www.nation.co.ke/News/Scandal%20unravels%2030%20years%20after%20dubious%20deal%20/-/1056/1062224/-/4vu28rz/-/

Philippine Chief Justice Renato Corona: Promoting arbitration and mediation

Nov 22, http://news.net.ph/1573/phl-china-to-expand-judicial-exchanges-lawyers%E2%80%99-visits

In his lecture before a large crowd of students and faculty members, Corona cited three priority reform areas set out by the country's highest court:

- Promoting the use of the alternative dispute resolution, especially arbitration and mediation, to declog the dockets of the courts;

Poland: DeTe, Vivendi in talks to end dispute over Polska Telefonia Cyfrowa

Nov 19, http://fr.quote.com/news/story.action?id=DME323m7449

Deutsche Telekom and French group Vivendi are in talks to settle their long-running dispute over the ownership of Polish mobile phone operator Polska Telefonia Cyfrowa (Era), Dow Jones Newswires writes citing Polish daily newspaper Parkiet. T

Russia may have to pay compensation to foreign Yukos investors

Dec 6, http://en.rian.ru/world/20101206/161645855.html

The international arbitration court in Stockholm may force Russia to pay compensation to foreign companies which suffered losses over the Yukos affair, a business daily said on Monday.

Russia-Ukraine: Gazprom, Naftogaz Ukrainy and Rosukrenergo sign agreements to settle gas issues

Nov 29, http://www.gazprom.com/press/news/2010/november/article106001/

Gazprom, NAK Naftogaz Ukrainy and Rosukrenergo AG signed a set of agreements to settle several outstanding issues related to interaction in the gas sector.

According to the documents, Rosukrenergo AG will pay off its USD 810 million debt to Gazprom Group.

Naftogaz Ukrainy will return 12.1 billion cubic meters of gas to Rosukrenergo following a Stockholm Arbitration Court ruling.

Moreover, Rosukrenergo AG will repay its USD 1.7 billion debt to NAK Naftogaz Ukrainy.

Thus, all disputes over gas supplies in 2008 and 2009 were resolved by the set of agreements signed.

The accords reached will maintain the Ukrainian gas balance and ensure that the 2010-2011 heating season requires no additional borrowings by NAK Naftogaz Ukrainy.

Russia: Medvedev urges reduction in workload for Russian judges

Nov 22, http://en.rian.ru/russia/20101122/161448098.html

"We are perfectly aware that the current workload is enormous," Medvedev said at a meeting on improving the operation of arbitration courts in the country. "Unfortunately, it leads to... the poor consideration of cases. The bigger the load, naturally, the lower the quality of the consideration of disputes is," he said. The chairman of Russia's Higher Court of Arbitration, Anton Ivanov, said a judge considers some 60 cases a month on average, adding that the figure reaches 100 in big cities.

Russia: Moscow Arbitration court slashes Rosneft's fine by more than 50 pct

Nov 24, http://en.rian.ru/business/20101124/161481019.html

The Moscow Arbitration Court more than halved the fine imposed by the Federal Antimonopoly Service on Russia's largest oil company Rosneft to 2.039 billion rubles, a judge said on Wednesday.

Russia: MTS Ordered by LCIA to Buy Outstanding Stake in an Kyrgyzstan Holding Company

Nov 22, http://www.mtsgsm.com/news/2010-11-22-28464/

Moscow, Russian Federation - Mobile TeleSystems OJSC ("MTS" - NYSE: MBT), the leading telecommunications provider in Russia and the CIS, announces that an international arbitration tribunal constituted under the rules of the London Court of International Arbitration (LCIA) has rendered an award with regards to arbitration commenced by Nomihold Securities Inc. ("Nomihold") in April 2007. The ruling requires MTS Finance to honor Nomihold's option to sell MTS Finance the remaining 49% stake in Tarino Limited for $170 million, plus interest, $5.88 million in dividends that the tribunal ruled were payable to Nomihold under the option agreement, and to compensate it for related costs.

As previously disclosed by MTS, MTS Finance acquired a 51% stake in Tarino Limited from Nomihold at the end of 2005. Tarino Limited was believed at that time to be the indirect owner, through its 100% owned subsidiaries, of Bitel, a Kyrgyz GSM mobile phone operator. In March 2007, MTS wrote off the costs relating to the acquisition of Bitel in the amount of $150 million and a liability of $170 million was recorded with an associated charge to non-operating expenses to account for potential liability with respect to the option for the remaining 49% of Tarino, as noted in MTS annual financial statements for year ended 31 December, 2006.

MTS is currently reviewing the award and its legal options.

Russia: Putin sees rules for foreign investment simplified within months

http://www.prime-tass.com/news/_Putin_sees_rules_for_foreign_investment_simplified_within_months/0/%7B4588F1E7-B085-4E20-B568-F7D8DD860A45%7D.uif

The Russian government plans to simplify rules for foreign investors' access to strategic industries in the upcoming months, Prime Minister Vladimir Putin said Friday at an economic forum in Germany.

South Africa: Coega land case settled

http://business.iafrica.com/news/688009.html

The owner of approximately 505 hectares of land within the Coega Industrial Development Zone was never deprived of his property rights, despite threats of expropriation by the Coega Development Corporation, the Constitutional Court ruled on Thursday.

South Africa: Mvela wins arbitration case against Khumama

Nov 26, http://www.miningweekly.com/article/mvela-wins-arbitration-case-against-khumama-2010-11-26

Commercial manager James Wellsted said that the arbitrator had decided against Khumama, which claimed that Mvela was "unjustly enriched" by its Booysendal deal with Northam Platinum, and awarded costs to Mvela Resources.

See also http://www.mvelares.co.za/khumama_platinum.php

Sri Lanka: Budget 2011 speech delivered by President Mahinda Rajapaksa in his capacity as Finance and Planning Minister in Parliament

Nov 23, http://www.dailynews.lk/2010/11/23/bus04.asp

...

Investment Climate

We need to reformulate our strategies and the institutional mechanism to improve our investment climate. In the past, all what successive Governments have done in this regard, is offering costly tax concessions, cheap labour and our valuable assets free of charge. A skilled labour force, political stability, a low tax regime and efficient government institutions to facilitate investment must be the basis of our investment promotion strategy. Therefore, the Board of Investment (BOI) will be required to focus on three core activities. First, is to manage Export Processing Zones efficiently. Investment will be attracted to fill vacant positions in all 12 zones. Second, to concentrate on promoting quality investment from abroad. Such investment must add value to our economy. They must be environment friendly and socially responsible. Large investment will be promoted under the strategic investment law and income tax laws. I propose to revise BOI Regulations to offer its incentives to carefully targeted priority sectors. Third, is to devote time for monitoring and follow-up. ...

Sweden: Supreme Court re-visits Titan

http://www.sccinstitute.se/?id=23696&newsid=37786

In a decision on 12 November 2010, the Swedish Supreme Court clarifies the effect of the seat of arbitration under Swedish law:

"Since RosInvestCo and the Russian Federation have agreed that the arbitral proceedings shall take place in Sweden, the Swedish Arbitration Act is applicable. Consequently, Swedish courts are competent to rule on the arbitrators' jurisdiction and as to whether there is sufficient connection to the Swedish legal system."

The reasoning of the Supreme Court means that the Court rejects the previous reasoning of the Svea Court of Appeal's in the so-called Titan-case from 2005 (Titan Corporation v Alcatel CIT SA).

In Titan, the Svea Court of Appeal dismissed a challenge against an arbitral award on the ground that the award did not have sufficient connection to Sweden, and thus lacked Swedish judicial interest. The decision in Titan has been the subject to much debate.

Switzerland: Dutch Arbitration Court Orders J&J To Pay $130 Million To Basilea

Nov 29, http://www.basilea.com/News-and-Media/Basilea-awarded-USD-130-million-by-arbitral-tribunal/387

Basilea Pharmaceutica Ltd. announced today that the tribunal has found Johnson & Johnson in breach of its License Agreement with Basilea. The tribunal awarded Basilea approximately USD 130 million as compensation for lost payments related to ceftobiprole, including milestones, other damages and interest.

The tribunal at the Netherlands Arbitration Institute has found Johnson & Johnson, Johnson & Johnson Pharmaceutical Research and Development, L.L.C. and Cilag GmbH International [collectively Johnson & Johnson] in breach of its License Agreement with Basilea, which caused the rejection of ceftobiprole, a novel anti-MRSA broad-spectrum antibiotic, by health authorities.

The tribunal awarded an amount of approximately USD 130 million, including lost milestones, other damages and interest. The award is immediately enforceable.

"This award in our favor has validated our grounds for arbitration," said Dr. Anthony Man, CEO of Basilea. "Ceftobiprole is a very innovative drug. It has activity against a wide range of bacteria, including MRSA and many Gram-negative pathogens, that no other single antibiotic can currently provide. Patients are dying from serious resistant bacterial infections in hospitals. This is a very unfortunate situation in which patients have not been able to access this potentially life-saving drug. We are pleased that we will gain full control of the development and commercialization of ceftobiprole. We are now focusing on completing the return of ceftobiprole to Basilea at the latest by February 2011 so that we can move forward with its future development and make this important drug available again to patients as soon as possible."

Taiwan: Cross-strait talks may be delayed over investment treaty

Dec 3, http://www.taiwantoday.tw/ct.asp?xItem=133565&CtNode=415

The sixth round of talks between Taiwan's Straits Exchange Foundation and its mainland Chinese counterpart the Association for Relations Across the Taiwan Straits could face delay unless both parties sort out arbitration rules under the proposed investment protection agreement.

Tanzania: Stanchart takes Tanesco for arbitration

Nov 22, http://www.theeastafrican.co.ke/news/Stanchart%20takes%20Tanesco%20for%20arbitration/-/2558/1057196/-/qex4kqz/-/

Tanzania has failed to shake off the ghost surrounding its dispute with Independent Power Tanzania Ltd (IPTL) - this time around a bank has taken the country's electricity supplier to an international court for arbitration. The Standard Chartered Bank (Hong Kong) which is said to have financed the controversy-ridden deal has decided to take Tanzania Electric Supply Company (Tanesco) to the International Centre for Settlement of Investment Disputes (ICSID).

Tanzania: Tanesco loses case, to pay Dowans Sh186bn

Dec 1, http://thecitizen.co.tz/component/content/article/37-tanzania-top-news-story/6032-tanesco-loses-case-to-pay-dowans-sh186bn.html

The ICC has ordered Tanzania Elecdtricity Supply Company (Tanesco) to pay Dowans Holdings SA and Dowans Tanzania Limited a sum of Sh106 billion for breach of contract.

Tanzania: Tanesco to challenge Dowan's 186bn award

Dec 4, http://thecitizen.co.tz/business/13-local-business/6079-tanesco-to-challenge-dowans-186bn-award.html

The Tanzania Electric Supply Company (TANESCO) said yesterday it would challenge the whopping Sh186 billion awarded to Dowans by the International Chamber of Commerce (ICC).

UK: ICC turns to A&O as arbitration selection wrangle intensifies

Nov 29, http://l2b.thelawyer.com/icc-turns-to-ao-as-arbitration-selection-wrangle-intensifies/1006250.article

The International Chamber of Commerce (ICC) has instructed Allen & Overy (A&O) to intervene in a bid to overturn a Court of Appeal (CoA) ruling that found the selection process for appointing arbitrators in commercial disputes breached UK equality laws.

Ukraine: Parliament on Nov. 19 to hear Stockholm Arbitration Tribunal report on gas spat

Nov 18, http://www.kyivpost.com/news/politics/detail/90353/

"On Friday the investigation commission will present its report and terminate its work," said the commission's head and a member of the Our Ukraine-People's Self-Defense faction, Roman Zvarych.

Ukrania: Supreme Court Orders Naftohaz Ukrainy Return 12.1 Billion Cubic Metres Of Gas To RosUkrEnergo

Nov 24, http://un.ua/eng/article/298858.html

The Supreme Court upheld judgments by lower instance courts that confirmed an order by the arbitration institute of the Stockholm Chamber of Commerce (Sweden) obligating the Naftohaz Ukrainy national joint-stock company to return 12.1 billion cubic metres of gas to RosUkrEnergo (Switzerland), Ukrainian News has learned from the court press service. "The court upheld the lower instances' decisions," he said.

Uruguay court dismisses Philip Morris tobacco challenge

Nov 19, http://news.yahoo.com/s/afp/20101119/hl_afp/healthuruguaytobaccowhocourt_20101119212235

AFP - Uruguay's Supreme Court on Friday dismissed a constitutional challenge brought by tobacco giant Philip Morris that disputes the tiny South American country's anti-tobacco laws.

US-China: LDK Solar Arbitration Award Upheld in Venice Court of Appeal

Nov 18, http://www.ldksolar.com/Press%20Release.html

CITY, China and SUNNYVALE, Calif. - LDK Solar Co., Ltd, a leading manufacturer of multicrystalline solar wafers and PV products, today announced that on November 9th, 2010 the Venice Court of Appeal declared that the international arbitration award made in London by the International Court of Arbitration in the proceedings between LDK Solar and the Italy-based Helios Technology S.p.A (Helios) is valid, effective and enforceable in Italy.

The Venice Court of Appeal upholds that the "take or pay" clause in the wafer supply contract entered into in October 2008 between LDK Solar and Helios is valid and effective throughout its duration and at terms and conditions related to quantities and prices set forth therein. The arbitration award orders Helios to pay to LDK Solar an amount of approximately $31 million plus interest, costs for the arbitration proceedings and lawyers' fees. The Venice Court of Appeal issued the provision after verifying that all the stipulations on the international arbitration are not contrary to Italian legal order and that there are no impediments to the acceptance of the conditions required for the effectiveness of the award itself.

"We are very satisfied with the results of the appeal," stated Xiaofeng Peng, Chairman and CEO. "LDK Solar looks forward to Helios delivering on their contractual commitments."

US: Airbus complaint could put Hawker Beechcraft further in red

Nov 18, http://www.flightglobal.com/articles/2010/11/18/349896/airbus-complaint-could-put-hawker-beechcraft-further-in.html

Hawker Beechcraft is awaiting a decision from the International Chamber of Commerce as to whether the company will have to pay Airbus close to $60 million in penalties for undelivered assemblies for its Hawker business jet line.

US: Kraft Foods Challenges Starbucks Attempt To Terminate Strategic Partnership - Initiates Arbitration Under Agreement

Nov 29, http://phx.corporate-ir.net/phoenix.zhtml?c=129070&p=irol-newsArticle&ID=1500558

Kraft Foods Inc. announced today that it initiated an arbitration proceeding to challenge Starbucks Coffee Company's attempt to end the agreement under which Kraft Foods has successfully built Starbucks retail grocery coffee business.

The strategic partnership between Kraft and Starbucks dates back to 1998, when Starbucks retail grocery coffee business was generating less than $50 million in annual revenues. Since then, Kraft has grown the business to approximately $500 million in annual revenues through its considerable expertise and resources. Over the years, Starbucks has recognized and acknowledged Kraft's role in building Starbucks presence in grocery stores.

Kraft and Starbucks entered into a contract that remains in effect indefinitely, subject to certain limitations and protections. Notably, the companies agreed to a straightforward basis under which Starbucks could take over the business in order to pursue a different arrangement. Under the agreement, there needs to be sufficient time for Kraft to execute an orderly transition and Starbucks must compensate Kraft for the fair market value of the business plus, under most circumstances, a premium of up to 35 percent of that value.

"Starbucks unilaterally and unjustifiably declared in public statements the agreement's termination, needlessly risking confusion among customers about the agreement's status," said Marc Firestone, Executive Vice President, Corporate and Legal Affairs and General Counsel. "In effect, Starbucks is trying to walk away from a 12-year strategic partnership, from which it has greatly benefited, without abiding by contractual conditions. Kraft reasonably expected Starbucks to honor the contract. We are confident in our position and look forward to presenting the facts before the arbitrator."

Kraft is continuing to conduct business under the terms of its contractual arrangements with Starbucks.

See also "Kraft Foods Statement Regarding Starbucks Agreement" http://phx.corporate-ir.net/phoenix.zhtml?c=129070&p=irol-newsArticle&ID=1492526

US: Rosetta Genomics Settles Arbitration With Prometheus Laboratories, Regains U.S. Rights to microRNA-Based Cancer Diagnostic Tests

Nov 23, http://phx.corporate-ir.net/phoenix.zhtml?c=203066&p=irol-newsArticle&ID=1499815&highlight=

Rosetta Genomics, Ltd. ("Rosetta"), a leading developer and provider of microRNA-based molecular diagnostics, today announced that it has settled the outstanding arbitration with Prometheus Laboratories, Inc. ("Prometheus").

Under the terms of the settlement, effective immediately, Rosetta regains U.S. commercial rights to the three microRNA-based cancer diagnostic tests licensed to Prometheus in April 2009, including miRview(TM) mets, miRview(TM) squamous and miRview(TM) meso. In return, Rosetta will pay Prometheus $3.1 million over the next 18 months with an initial payment of $1.2 million due on December 2, 2010.

"We appreciate the initial commercial launch efforts undertaken by Prometheus for these three cancer diagnostic tests, especially as product demand has doubled in recent months. As market interest in microRNA-based diagnostics and biomarkers has grown considerably since the time we signed the agreement with Prometheus, regaining U.S. commercial rights to these tests provides Rosetta with a significant opportunity to develop potential new partnering and co-promotional agreements for some or all of our microRNA-based oncology diagnostics," noted Kenneth A. Berlin, President and CEO of Rosetta Genomics.

"Over the years Rosetta Genomics has invested significantly in the development of our proprietary microRNA technology platform, and today we have a robust portfolio of diagnostic tests on the market, nearing commercial launch and in development. Regaining full U.S. commercial rights for all of our products allows us to offer a more comprehensive line of state-of-the-art microRNA-based products," added Mr. Berlin.

US: State (New Mexico) Seeks Millions From Fuel Producers

Nov 21, http://seekingalpha.com/news-article/124543-state-seeks-millions-from-fuel-producers

SANTA FE - The office that oversees state trust lands contends that oil and gas producers have been "cheating" New Mexico's schoolchildren out of millions of dollars for decades. Not so, argue two companies, which counter that the state Land Office is trying to change the way royalty payments to the state have been computed for the last 60 years. The dispute is now before the state Supreme Court, which has been called upon to interpret the wording dealing with royalties in a 1947 statutory form governing oil and gas leases on state trust land in New Mexico.

Venezuela buys out 81.2 percent of shares of Casino's subsidiary

Nov 26, http://english.eluniversal.com/2010/11/26/en_pol_esp_venezuela-buys-out-8_26A4780051.shtml

Eight months after the announcement of the expropriation of the hypermarket chain Éxito and the temporary occupation by the government of Cada supermarkets, formerly controlled by Cadena de Tiendas Venezolanas (Cativen) and partially owned by French retailer group Casino, the Venezuelan government made official the purchase of 81.2 percent of the company's shares.

Venezuela: Seeking cash, Chavez looks to sell Citgo

Nov 28, http://www.google.com/hostednews/ap/article/ALeqM5hKTtAjl6wWFNB5uy28vRWL_nJ-sw?docId=7fbea8d3caed46feb458540676263dd0

AP - [Chavez] has raised a possibility that once seemed remote: selling off Venezuela's U.S.-based oil company, Citgo Petroleum Corp.

Zimbabwe: Indigenous act 'not meant as a deterrent'

Nov 21, http://www.timeslive.co.za/africa/article773476.ece/Indigenous-act-not-meant-as-a-deterrent

Zimbabwe's indigenisation and empowerment laws are not intended to stifle foreign investment, but rather to guarantee security of investment through indigenous participation, says Youth, Empowerment and Indigenisation Minister Saviour Kasukuwere.

Conference: Slovene convinced to use arbitration

Nov, http://www.iccwbo.org/court/arbitration/index.html?id=40207

The conference which was held in Ljubljana (Slovenia) on 5 November 2010 (link to the conference), achieves its objective : explaining how arbitration is the most appropriate means to settle international commercial disputes efficiently

...

The event was covered by national legal and general media. The Government of the Republic of Slovenia, Ministry of Justice, published in its website a news-release http://www.mp.gov.si/si/splosno/cns/novica/article/717/6904/0b7766ae2b/), where a MP3 version of the speech in English given by Minister of Justice, Mr Aleš Zalar, can be heard.

EVENTS

JOBS / MOVES

Al Tamimi and Company appoints top international litigator as new regional Head of Arbitration

Nov 24, http://www.ameinfo.com/249700.html

Al Tamimi & Company, the largest independent law firm in the Middle East, has announced the appointment of Paul Turner as Regional Head of Arbitration. He will join the firm in January 2011 and will take responsibility for the development of Al Tamimi's market leading dispute resolution team across the firm's 10 offices in the Middle East.

Dr Beata Gessel-Kalinowska Vel Kalisz Joins Arbitralwomen Board of Directors

Nov 22, http://www.sadarbitrazowy.org.pl/en/news;id-38

On 19 October 2010 the ArbitralWomen Annual General Meeting was held, during which a new board for 2010-2012 was announced. Lorraine Brennan is the new AW President and the Vice-President's function will be performed by Yulia Andreeva. See also www.arbitralwomen.org

Fountain Court Chambers Announces Three New Door Tenants

Nov 22, http://www.fountaincourt.co.uk/news/detail/fountain-court-chambers-announces-three-new-door-tenants

Fountain Court Chambers will today announce that three new door tenants have been appointed to the set. David R Wingfield, a leading Canadian commercial litigator, Lawrence Boo, a leading Singaporean arbitrator, and Peter Watts, an internationally respected New Zealand academic and barrister, have all accepted invitations to join chambers.

The three new door tenants are each highly respected in their home jurisdictions, and add considerable standing to Fountain Court's international work as well as to its cadre of existing door tenants, who include Sir Mark Potter, Sir Gordon Langley, Sir Henry Brooke, Sir Francis Jacobs QC, Professor Andrew Burrows QC (Hon.), and Michael Lerego QC. The appointments bring the number of door tenants at Fountain Court to twelve.

ICDR Young & International Selects New Leaders

Nov 22, http://www.adr.org/sp.asp?id=38745

The International Centre for Dispute Resolution Young & International (ICDR Y&I), a networking and educational group for ADR practitioners under the age of 40, recently selected new members of its Executive Board and Global Advisory Board.

Cramer-Salamian reinforces its Dubai team with appointment of Partner and Senior Associate

Nov 23, http://www.ameinfo.com/249528.html

Cramer-Salamian is pleased to announce the addition to the firm's Dubai office (operated in association with Abdulla Ali and Associates) of Maria Rubert and Damir Valeev, as respectively Partner/Dubai office and Senior Associate.

David W. Rivkin Named Secretary-General of the International Bar Association

Nov 15, http://www.debevoise.com/64/s1039/newseventspubs/news/detail.aspx?id=4d199a71-4965-4827-9c7c-1f0df10aaf58

Debevoise & Plimpton LLP is pleased to announce that David W. Rivkin, Co-Chair of the firm's International Dispute Resolution Group, has been elected the Secretary-General of the International Bar Association (IBA) for the 2011/2012 term. The election was held at the IBA's Annual Conference last month in Vancouver. Mr. Rivkin will assume office as Secretary-General in January 2011.

Herbert Smith opens disputes operation in Belfast

Nov 24, http://www.herbertsmith.com/News/news241110.htm

Herbert Smith announced today that it will be setting up an operation in Belfast, focused principally on reviewing and analysing the large volumes of documents often found in major contentious work, notably in litigation, arbitration and regulatory investigations.

BOOKS

The Advancement of International Law

by Charles Leben
Oct 2010 339pp Hbk 9781841132785 £45 / €58.50
Discount Price: £36 / €47 (contact us for details)
http://www.hartpub.co.uk/books/details.asp?isbn=9781841132785

Charles Leben is Professor of Public International Law at the University of Paris (Panthéon-Assas) and Director of the Institute of Advanced International Studies (Paris).

Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'.

Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more.

By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'.

This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law.

These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.

The Law of MERCOSUR

Edited by Marcílio Toscano Franca Filho, Lucas Lixinski and María Belén Olmos Giupponi

Oct 2010 484pp Hbk 9781841139432 £115 / €149.50
Discount Price: £92 / €120 (contact us for details)
http://www.hartpub.co.uk/books/details.asp?isbn=9781841139432

The Law of MERCOSUR presents both an overview and in-depth analysis of one of the world's most important and increasingly influential economic organisations. The book comprises both a series of first-hand analyses of MERCOSUR by experts from countries in the MERCOSUR bloc, and also discussions from other parts of the world looking at MERCOSUR as global actor of ever-increasing importance. The book is divided into three main parts: the first analyses the key institutional legal aspects of MERCOSUR, looking at its history, the general theory of economic integration, and basic aspects relating to the functioning of MERCOSUR; the second examines specialised topics, including the regulation of the environment, human rights and the energy market in MERCOSUR; and in the third part the editors offer a translation of core MERCOSUR instruments, with the objective of furthering understanding of the economic bloc. Original in its conception, the book aims to fill a major gap in the English-language literature by offering a comprehensive and in-depth analysis of the Law of MERCOSUR, and it is hoped that it will become essential reading for those practitioners and academics who are interested not only in MERCOSUR, but in economic integration generally, in international trade, and in the regional aspects of the phenomenon of globalisation.

- Marcílio Franca Filho is Visiting Professor of International Economic Law of the Faculty of International Relations of the State University of Paraíba (Brazil) and General Attorney of the Public Ministry at the Audit Court of Paraiba (Brazil).
- Lucas Lixinski is a PhD Researcher at the European University Institute (Florence, Italy).
- María Belén Olmos Giupponi is an Assistant Professor of International Law and European Union Law at Universidad Rey Juan Carlos.

40 Years of the Vienna Convention on the Law of Treaties

http://www.biicl.org/publications/view/-/id/137/

Published: November 2010
Publisher: British Institute of International and Comparative Law
ISBN-13: 978905221431
Cover: Hardback Pages: 242

This volume presents the reader with insights as to how law of treaties has worked over past 40 years, since the 1969 Vienna Convention was adopted as the comprehensive treaty to regulate the law of international agreements. Treaties form a basis for a daily conduct of international relations and thus it is vital to see how they are made, amended, interpreted and enforced. This volume capitalizes on 40 years of international experience, described and analytically examined by a group of experts on the subject.

Multiple issues the Convention covers include the aspects of conclusion, interpretation, reservations, amendment and modification, validity and other issues relating to treaties are covered. Based on the BIICL 50th Anniversary event held in London (40th Anniversary of the Vienna Convention on the Law of Treaties).

Contributors: Alan Boyle, Malgosia Fitzmaurice, Mary Footer, Anthony Aust, Richard Gardiner, Jan Klabbers, Paul Eden, Alexander Orakelashvili, and with a preface by Sir Franklin Berman.

The Rule of Law in International and Comparative Context

November 2010, ISBN-10: 97819005221424
Pages: 272
Member: £48, Non-Member: £80
http://www.biicl.org/publications/view/-/id/139/

If the daunting challenges now facing the world are to be overcome, it must be in important part through the medium of rules, internationally agreed, internationally implemented and, if necessary, internationally enforced. That is what the rule of law requires in the international order. - Lord Bingham (Chapter 1)

The maintenance and promotion of the rule of law is of fundamental importance for the human dignity and well-being of people everywhere, providing the foundations for good governance, an effective economy and a fair society, and affecting the daily lives of people around the world. Its relevance extends across a wide range in the affairs of people and states: in the laws of armed conflict; laws outlawing corruption and governing constitutional affairs; in energy and environmental rights; the respective roles and powers of the various arms of government and agencies at national, regional and international level; the independence of the judiciary; and in human rights.

This book explores some key issues concerning the rule of law in the international and comparative context, clarifying key aspects of the rule of law and applying them to real life examples across the world, including:

- the impact of business on human rights;
- anti-competitive practices and the role of the European Union bodies;
- the development of international investment law;
- the use of comparative law to inform national decision-making; and
- the effects of international criminal law and practice.

The analysis is given by some of the leading lawyers in the world-Yves Fortier, Mary Robinson, Jane Stapleton, Keir Starmer and Lord Bingham-as well as the senior researchers of the British Institute of International and Comparative, as it celebrated 50 years of promoting the rule of law in an international and comparative context.

ICSID

ICSID, New: TECO Guatemala Holdings, LLC v. Republic of Guatemala (ICSID Case No. ARB/10/23)

Electricity distribution concession, Registered November 23, 2010. Tribunal not yet constituted

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

Outcome of Proceeding: Award rendered on November 24, 2010; attached to the award is a dissenting opinion by one of the arbitrators.

Award: Global Trading Resource Corp. and Globex International, Inc. v. Ukraine (ICSID Case No. ARB/09/11)

Outcome of Proceeding: Award rendered on December 1, 2010. Award available on ICSID website

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

Status of Proceeding: Tribunal issues a procedural order concerning the further procedure on November 26, 2010

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

Status of Proceeding: Tribunal issues a procedural order concerning production of documents on November 29, 2010

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

Status of Proceeding: Respondent files a rejoinder on the merits on November 23, 2010

SAUR International v. Argentine Republic (ICSID Case No. ARB/04/4)

Status of Proceeding: Respondent produces documents on November 26, 2010

Adem Dogan v. Turkmenistan (ICSID Case No. ARB/09/9)

Status of Proceeding: Claimant files a counter-memorial on jurisdiction on November 29, 2010

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

Status of Proceeding: Respondent files a rejoinder on the merits and reply on jurisdiction on November 30, 2010

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

Status of Proceeding: Respondent files observations on Claimant's proposal for disqualification of an arbitrator on November 22, 2010

Millicom International Operations B.V. and Sentel GSM S.A. v. Republic of Senegal (ICSID Case No. ARB/08/20)

Status of Proceeding: Claimants file a memorial on the merits on November 26, 2010

Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/08/13)

Status of Proceeding: Tribunal issues Procedural Order No. 7 concerning production of documents on November 26, 2010

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

Status of Proceeding: Tribunal issues Procedural Order No. 9, concerning Respondent's request for information and costs on November 26, 2010

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

Annulment Proceeding Registered. November 04. Ad hoc Committee constituted November 22, 2010. Composition: A.J. van den Berg, F. Berman, R. Knieper

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

Status of Proceeding: Tribunal holds a first session by telephone conference on November 23, 2010

Itera International Energy LLC and Itera Group NV v. Georgia (ICSID Case No. ARB/09/22)

Outcome of Proceeding: The Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to Arbitration Rule 43(1) on November 19, 2010

Itera International Energy LLC and Itera Group NV v. Georgia (ICSID Case No. ARB/08/7)

Outcome of Proceeding: Settlement agreed by the parties (Order taking note of the discontinuance issued by the Tribunal on November 19, 2010, pursuant to ICSID Arbitration Rule 43(1)).

New: Ömer Dede and Serdar Elhüseyni v. Romania and AVAS Privatization Agency of the Government of Romania (ICSID Case No. ARB/10/22)

Expropriation of agricultural machinery and equipment enterprise. Registered November 19, 2010. Tribunal not yet constituted

Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. v. Argentine Republic (ICSID Case No. ARB/09/1)

Status of Proceeding: Claimants file a memorial on the merits on September 29, 2010

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

Status of Proceeding: Claimant files a counter-memorial on jurisdiction on October 15, 2010)

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