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 #02, week 05. 03 February 2011
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM

TDM: Winner and Runners up OGEMID Awards 2010

Jan 28, https://www.transnational-dispute-management.com/ogemidawards/

Voting closed on January 14th, 2011. Only OGEMID participants and TDM readers could vote. The Winners, Runners up and nominations can be found here https://www.transnational-dispute-management.com/ogemidawards/

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

2011 ICSID Review Student Writing Competition

Jan 26, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement80

ICSID is pleased to announce the Annual ICSID Review—Foreign Investment Law Journal Student Writing Competition. Current law students are invited to submit articles on a procedural or substantive issue in international investment arbitration by May 1, 2011. The author of the winning submission will receive a cash prize of US$1000.00 and will have his or her essay published in a future issue of the ICSID Review. Please see the Student Writing Competition page for the official announcement, detailed contest rules and article submission guidelines.

SCC: One year with Emergency Arbitrators

Jan 28, http://www.sccinstitute.se/?id=23696&newsid=38812

SCC's new rules on an Emergency Arbitrator have now been in force for over a year. During 2010, SCC received four applications for the appointment of an Emergency Arbitrator. In all cases, an Emergency Arbitrator was appointed within the stipulated 24 hour limit. The Emergency Arbitrator made a decision within the 5 day frame in 2 of the cases and in the other 2 cases the time for making the decision was extended with a couple of days in order to give the respondent opportunity to present its case. All four cases concerned cross boarder agreements and the amount in dispute in a potential arbitration varied between EUR 500 000 and EUR 100 million. The underlying agreement was different for each case: one shareholders agreement, one transport agreement, one agency agreement and one construction agreement.

A more detailed description of the cases will be published soon.

Algeria: Orascom Telecom Chairman Sawiris Says Sees "No Other Option" But International Arbitration Over Djezzy Dispute

Jan 18, http://www.cnbc.com/id/41129879

Egyptian mobile firm Orascom Telecom's chairman Naguib Sawiris said on Tuesday the firm saw international arbitration as the only option in a row with Algeria over its local unit Djezzy.

Angola: Partners at odds over Luxinge diamond project in Angola

Jan 18, http://www.miningweekly.com/article/partners-at-odds-over-luxinge-diamond-project-in-angola-2011-01-18

miningweekly.com - An Angolan consortium is considering taking legal action against Swedish mining group International Gold Exploration (IGE), which is withdrawing from the Luxinge diamond project ... that the local-partner consortium was prepared to take IGE to the International Court of Arbitration, if the parties were unable to resolve matters.

See also "IGE victim of smear campaign" http://www.ige.se/pressreleases.aspx?r_id=537484

Argentina: Pampa Energía S.A. obtained an option to acquire the rights over the lawsuit against Argentina

Jan 19, http://www.sec.gov/Archives/edgar/data/1469395/000129281411000136/pam20110119_6k.htm

Lastly, as part of the transaction reported here, the Company informs that it has obtained an option to acquire the rights over the lawsuit initiated by Ponderosa Assets L. P. and Enron Creditors Recovery Corp. (the “Plaintiffs”) against the Republic of Argentina before the International Centre for Settlement of Investment Disputes (“ICSID”) of the World Bank

Belize Bank demands its $43 million, but GOB files appeal, asks for stay on arbitration award

Jan 14, http://www.amandala.com.bz/index.php?id=10759

Senior Counsel Michael Young told Amandala that on Wednesday, January 5, 2011, he filed an application for appeal. Young also saidthat he is additionally asking the court to grant a stay of execution on the Muria decision; however, he has no idea when that application would be heard.

BP seeks to soothe Russian partners

Jan 30, http://www.bsr-russia.com/en/oil-a-gas/item/1509-bp-seeks-to-soothe-russian-partners.html

BP is moving to divert a London lawsuit by its billionaire partners in TNK-BP to arbitration in Sweden. BP signed a $16 bn deal in January with Rosneft, Russia's state oil company covering a share-swap, exploration in three concessions in the Arctic Kara Sea and the establishment of a research institute. The Russian billionaire partners of BP in TNK-BP claim that BP is obliged to pursue all business opportunities in the Russian oil and gas sector exclusively through TNK-BP.

Bulgaria, Japan Commercial Chambers Strike Arbitration Deal

Jan 24, http://www.bcci.bg/news/index.php?news=615

Today, the 24th January 2011, an Agreement was signed between the Bulgarian Chamber of Commerce and Industry (BCCI) and the Japan Commercial Arbitration Association (JCAA). The meeting preceding the official signing of the document was attended by Mr. Traycho Traykov Minister of Economy, Energy and Tourism, Mr. Evgeny Angelov, Deputy Minister of Economy, Energy and Tourism, Mr. Ognyan Donev, Chairman of the Confederation of the Employers and Industrialists in Bulgaria and Mr. Tzolo Voutov, President of Geotechmin Ltd. and member of the Management Board of the BCCI.

During the meeting, Minister Traykov confirmed the intention of the Government to keep the lowest tax levels in the EU and to continue the process of reducing the administrative barriers for the business. Content was expressed with the signing of the Agreement and confidence that it will be another guarantee for the trust between the business circles in two countries. For Bulgaria the Agreement was signed by Mr. Tsvetan Simeonov, President of the BCCI and member of the Arbitration College of the Arbitration Court with the BCCI, and for Japan - by Mr. Kosuke Yamamoto, President of the JCAA.

The previous Agreement between the two institutions dates back to 1961 and doesn't meet the requirements of present day commercial arbitration and the conditions in Bulgaria as a member-state of the EU with working market economy. The new Agreement, besides cooperation in the field of arbitration, provides for cooperation in the field of mediation, conciliation and other alternative methods for settling of disputes.

It is envisaged that the lists of international arbitrators of the two institutions will include arbitrators proposed by each of the countries. An invitation was extended to Mr. Yamamoto to visit Bulgaria and to get acquainted on the spot with the achievements of the Arbitration Court with the BCCI, especially in field of domestic arbitration. The invitation was happily accepted by the Japanese party.

During the talks it became clear that the number of cases in the Bulgarian Arbitration Court is 10 times bigger than the number of cases in JCAA, due to the wider use of arbitration for the settling of domestic disputes. The two parties agreed to exchange and provide all the necessary information about the procedures and the current practices in the two countries, so that it will be available to any company which is interested in it.

Canada Will Vigorously Defend British Columbia's Softwood Lumber Industry

Jan 18, http://www.international.gc.ca/media_commerce/comm/news-communiques/2011/028.aspx?lang=eng

Government of Canada Will Vigorously Defend British Columbia's Softwood Lumber Industry

(No. 28 - January 18, 2011 - 3 p.m. ET) The Honourable Peter Van Loan, Minister of International Trade, today issued the following statement regarding the U.S. request for arbitration with Canada under the Softwood Lumber Agreement:

"The U.S. complaint deals with a pricing system that is no longer in place.

"Canada and British Columbia have been transparent on B.C.'s market-based timber pricing system. The increased proportion of low-value logs in B.C.'s timber harvest is due to the unprecedented infestation of the mountain pine beetle. Regrettably, the United States continues to rely on unfounded allegations that are flatly contradicted by trade and other economic data.

"I am disappointed that the United States has rejected cooperative dialogue on this matter in favour of formal dispute settlement. There is no justification for arbitration, and Canada will vigorously defend the interests of its softwood lumber industry.

"The Softwood Lumber Agreement was negotiated with a view to establishing stability, enhancing cooperation and facilitating an open dialogue between Canada and the United States.

"The Softwood Lumber Agreement has been in effect since October 2006. The Agreement was designed to create a predictable trade environment, and to provide stability and certainty to producers and consumers on both sides of the border. It put an end to unproductive trade litigation and has served both countries' industries well during the recent global economic downturn."

Under the Softwood Lumber Agreement, the arbitration will be conducted in accordance with the rules of the London Court of International Arbitration (LCIA). A panel of arbitrators will hear the case.

For more information, please visit Softwood Lumber [http://www.international.gc.ca/controls-controles/softwood-bois_oeuvre/other-autres/agreement-accord.aspx] and LCIA Arbitration Rules [http://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration_Rules.aspx].

Canada: Softwood agreement honoured

Jan 20, http://www.bclocalnews.com/bc_cariboo/quesnelobserver/news/114315359.html

Forests, Mines and Lands Minister, Pat Bell, responded Thursday to the U.S. government's filing for arbitration under the U.S.-Canada 2006 Softwood Lumber Agreement about British Columbia's timber pricing policies. "British Columbia has always honoured and continues to honour its commitments under the softwood lumber agreement," Bell said. "I am confident the arbitrators will find the same."

China and Vietnam to Talk on Sea Dispute

Jan 29, http://www.post-gazette.com/pg/11029/1121602-82.stm

Nguyen Van Tho, the Vietnamese ambassador to China, told Chinese reporters on Thursday that China and Vietnam would hold a new round of talks on their territorial dispute in the South China Sea this year, Chinese news organizations reported Friday. He declined to name a specific date, but said, "I am optimistic about this issue," the reports said.

China: Huawei Sues Motorola to Block Asset Sale

Jan 25, http://online.wsj.com/article/SB10001424052748703555804576101893898645486.html

Huawei Technologies Co. has sued to delay the sale of some Motorola assets to Nokia Siemens Networks, claiming it would improperly transfer the Chinese company's intellectual property. Motorola, which has since split into two companies, agreed in July to sell the bulk of its network-equipment business to Nokia Siemens Networks for $1.2 billion. In a suit filed Monday in federal court in Chicago, Huawei asked a judge to hold up the sale until its intellectual property claim can go through arbitration.

Czech Republic: CEB wins Kc 500 million arbitration with AIG over trolleybuses

Jan 19, http://www.ceskapozice.cz/en/business/companies/ceb-wins-kc-500-million-arbitration-aig-over-trolleybuses

The Vienna International Arbitral Center this week upheld an earlier arbitration ruling in favor of state-owned Czech Export Bank (CEB). The arbitration center ordered US-based insurance company AIG to pay Kc 48 million to CEB to cover all the bank’s legal costs and more than Kc 4 million in court fees, CEB spokesman Jirí Pekárek told Czech Position. The initial arbitration ruling was rendered in September 2010.

Denmark-Poland: TP claimant takes fight to Britain

Jan 24, http://www.wbj.pl/article-52903-tp-claimant-takes-fight-to-britain.html?type=wbj

The UK's High Court of Justice has issued an order of enforcement which could force Telekomunikacja Polska (TP) to use revenues from its UK contracts to pay a substantial amount of money to Danish headset and hearing-aid producer GN Store Nord.

The Danish entity is attempting to recoup around DKK2.9 billion (€389 million) in earnings which an Austrian arbitration court ruled it was owed by TP. The company has also initiated similar enforcement proceedings in Germany, Poland and the Netherlands.

Hong Kong: HK mediation cases get 90 percent settlement rate

Jan 28, http://www.theasset.com/article/19076.html

The Hong Kong International Arbitration Centre (HKIAC), which focusses on dispute resolution, posted a 90 settlement rate at the end of 2010, with majority of cases involving local parties and some coming from outside the territory.

Iceland wants to reverse Magma deal: Bjork

Jan 20, http://www.financialpost.com/Iceland+wants+reverse+Magma+deal+Bjork/4140726/story.html

International pop music queen Bjork says the government of her native Iceland is prepared to reverse a deal that saw Vancouver-based Magma Energy Corp. buy geothermal energy producer HS Orka, denouncing the transaction as a secretive agreement with “no benefit” to the local economy.

..

The star said the only question now is which method to use to nix the agreement, valued at US$417-million including debt. She said there are three options, one of which is expropriating Orka’s assets.

ICSID Caseload - Statistics (Issue 2011-1) available

Jan 21, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement79

The ICSID Secretariat has updated its online publication, the ICSID Caseload - Statistics.

This issue (Issue 2011-1), published in the three official languages of the Centre (English, French and Spanish), contains an overview of the cases registered or otherwise administered by ICSID as of December 31, 2010. The issue features information concerning the basis of consent to ICSID jurisdiction, the geographic distribution of cases by State Party to the dispute, and the economic sectors involved in ICSID cases.

It also contains data on outcomes in ICSID proceedings (now including further information on disputes decided by arbitral tribunals), the nationalities of arbitrators, conciliators and ad hoc committee members appointed in ICSID cases, and outcomes in annulment proceedings under the ICSID Convention.

The ICSID Caseload - Statistics will be updated bi-annually and can be accessed through the "Publications" section of the Centre's website.

The Secretariat continues to welcome any comments or suggestions by email.

India: Delhi High Court Upholds ICC Decision Favoring Penn Racquet Sport

http://indiankanoon.org/doc/232104/

The Delhi High Court upheld the enforcement of a decision made by the International Chamber of Commerce in Paris. The dispute was between the American firm Penn Racquet Sports and Indian company Mayor International Limited. Disputes arose over a perceived breach of contract and were brought to the ICC in Paris for arbitration. The decision made was in favor of the American firm.

India: More arbitration centres for commercial disputes planned

Jan 24, http://newshopper.sulekha.com/more-arbitration-centres-for-commercial-disputes-planned_news_1258642.htm

IANS - Union Law Minister M. Veerappa Moily Monday said that the central government was looking at setting up arbitration centres for commercial disputes in every metropolitan city in the country. Speaking during a ceremony in Panaji, marked to unveil India's first international arbitration outside the national capital, Moily also made a pitch for a paradigm shift in India's approach to institutional dispute solving.

India: Oil min wants Vedanta to surrender its rights, disputes

Jan 28, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil--gas/oil-min-wants-vedanta-to-surrender-its-rights-disputes/articleshow/7378333.cms

In a move that is being seen as fresh arm-twisting, the Oil Ministry wants Vedanta Resources to surrender all its rights in past and future disputes and agree to several other stringent conditions if it wants government nod for acquiring majority stake in Cairn India.

India: Oil Ministry sets 11 preconditions for Vedanta-Cairn deal

Jan 24, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil--gas/oil-ministry-sets-11-preconditions-for-vedanta-cairn-deal/articleshow/7353637.cms

The Oil Ministry is ready to give "in-principle" approval for Vedanta Resources' $9.6 billion acquisition of Cairn India , provided the mining firm led by billionaire Anil Agarwal agrees to a set of 11 preconditions.

India: Sterlite Industries (India) Limited: Update on BALCO Arbitration

Jan 27, http://www.stockhouse.com/News/USReleasesDetail.aspx?n=8031403

The arbitration panel hearing the matter of the exercise by Sterlite Industries (India) Limited ("Sterlite" or The "Company") of its call option to purchase the 49% equity stake in Bharat Aluminium Company Limited ("BALCO") from the Government of India delivered its decision on 25 January 2011. The three-member panel ruled 2:1 that the call option was in violation of section 111A(2) of the Indian Companies Act, 1956. The company is considering its next course of action.

Kazakhstan says recovers $143 mln from gas consortium

Jan 19, http://af.reuters.com/article/energyOilNews/idAFLDE70I1I620110119

Reuters - Kazakhstan's customs authorities recovered 21 billion tenge ($143 million) last year from the consortium that runs the large Karachaganak natural gas project, the customs committee said in a statement on Wednesday.

Kenya: Parliament to Discuss Ruling On Tanesco

Jan 27, http://allafrica.com/stories/201101270200.html

The Tanzanian Parliament will debate the ruling of the International Chamber of Commerce (ICC), requiring public power utility Tanesco to pay a foreign firm Tsh94 billion in compensation for breach of contract, the Speaker, Ms Anne Makinda ruled.

Kuwait: Advanced investment law under examination - Kuwaiti official

Jan 18, http://www.zawya.com/story.cfm/sidZAWYA20110118071451

KUWAIT - The Cabinet is examining a draft of a new law for foreign investments that constitutes a qualitative stride that "conforms with current requirements" in this field for luring external capitals, said the Minister of Commerce and Industry.

Latvia: Negotiations between Ventbunkers and Litasco without result – will the Latvian government intervene?

Feb 01, http://www.baltic-course.com/eng/energy/?doc=36705

Rudolf Meroni, chairman of A/S Ventbunkers Supervisory Board, informs that the negotiations between Ventbunkers and the Lukoil subsidiary Litasco did not lead to any result because of the totally unreasonable position of Litasco. Ventbunkers will call for the intervention of the Latvian Government.

Letter on CETA and investor protection sent to Members of the European Parliament

Jan 2011, http://www.world-psi.org/TemplateEn.cfm?Section=Search&CONTENTFILEID=34724&TEMPLATE=/ContentManagement/ContentDisplay.cfm

We are writing to urge you to reject the inclusion of investment protection provisions, including an investor-state arbitration mechanism, in the proposed Canada-EU Comprehensive Economic and Trade Agreement (CETA). These provisions, based on NAFTA's Chapter 11 investment rules, will clearly erode the ability of governments to act in the best interest of their citizens. Similar provisions in the proposed Multilateral Agreement on Investment were wisely rejected in 1998.

NAFTA Chapter 11-style investment protections are very likely to be included in the CETA, despite the negative effects Canada has already experienced. Senior Canadian negotiators report that European Commission (EC) negotiators, initially leery of an investor-state arbitration mechanism, have embraced the Canadian proposal to include it in the CETA investment chapter (see attached article).

As you are well aware, investor-to-state dispute settlement has not been a feature of previous European trade agreements. Nor have European trade treaties included many of NAFTA Chapter 11's substantive protections for investors, which include:

- an extremely broad definition of investment (Article 1139),
- right of establishment (articles 1102 and 1103),
- compensation for direct and indirect expropriation (Article 1110),
- minimum standards of treatment (Article 1105) and
- prohibitions against performance requirements (Article 1106).

The inclusion of these investment protection provisions in CETA, together with investor-to-state dispute settlement, would result in unprecedented threats to public policy, democratic governance and the public interest in Europe.

Canada's experience under NAFTA Chapter 11 should stand as a stark warning of the dangers of accepting a similar regime within the CETA. To date, there have been 28 NAFTA investment claims against Canada. An extremely broad range of public policy measures, at all levels of government, have been challenged. Moreover, the use of Chapter 11 by foreign investors is growing. Over half the claims (54%) against Canada since NAFTA came into force over 15 years ago were initiated within the last five years.

Canada has already lost four cases and paid out NAFTA damages totalling $CAD 157 million. The most significant examples are:

- In Ethyl vs. Canada, international and inter-provincial trade of the gasoline additive MMT was banned by Canada for health reasons and its interference with anti-pollution systems in automobiles. Ethyl, the manufacturer of MMT sued and Canada settled. Under the terms of settlement, Canada paid approximately $16 million for damage to the investor's reputation, issued a statement that MMT did not pose a health or environmental threat, and withdrew the ban.

- In SD Myers vs. Canada, a U.S. company successfully challenged a Canadian ban on the export of toxic PCB wastes. In its defence, Canada cited the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The tribunal rejected Canada's arguments and awarded the investor $20 million.

- The AbitibiBowater vs. Canada dispute arose in 2008 when the company closed its last remaining pulp and paper mill in the province of Newfoundland and Labrador. The provincial government enacted legislation to return the company's water use and timber rights to the crown and to expropriate certain AbitibiBowater lands and assets. The investor sued under NAFTA and the federal government settled, paying the company $130 million. The case is constitutionally significant because AbitibiBowater was apparently compensated for the loss of water and timber rights on public lands, which are not compensable rights under Canadian law.

Examples of ongoing Chapter 11 cases involve:

- investor challenges to Quebec's ban on cosmetic lawn pesticides,

- the rejection of a massive quarry in Nova Scotia as recommended by a joint federal-provincial environmental assessment panel,

- the Ontario government's rejection of a scheme to dispose of Toronto's municipal waste in a man-made lake, and

- conservation measures to protect caribou in Canada's Northwest Territories, and Atlantic salmon in Quebec (see attached table of disputes).

The Canadian government has incurred tens of millions of dollars in legal costs defending itself from such NAFTA claims. A further serious concern is the adverse effect of NAFTA Chapter 11 on public policy-making and the democratic process itself. Fear over the real prospect that a measure will be challenged contributes to "regulatory chill", distorting the public policy-making process by giving excessive weight to investor concerns over other legitimate public concerns such as environmental protection, progressive social policies and public safety.

In a recent statement of concern, leading experts in investment law, arbitration and regulation noted that: "awards issued by international arbitrators against states have in numerous cases incorporated overly expansive interpretations ... that have prioritized the protection of the property of and economic interests of transnational corporations over the right to regulate of states and the right to selfdetermination of peoples." The legal experts, from 24 universities in nine countries, went on to say that the current international investment regime typified by NAFTA's Chapter 11, "lacks fairness and balance, including basic requirements of openness and judicial independence (statement attached)."

The NAFTA investor-state arbitration mechanism was originally characterized as a last-resort remedy in situations where the domestic courts, specifically in the Mexican regime of that era, could not be trusted to redress valid investor concerns. Both the EU and Canada, however, have "mature, democratic systems of justice that are available to protect all investors." (See the Van Harten and Schneiderman analysis of the draft CETA investment chapter, attached.) There is simply no justification for providing extraordinary substantive and procedural rights to foreign investors, over and above those already provided by our respective domestic legal systems (see excerpt from Australian Government Productivity Commission Report, November 2010, attached).

Fifteen years of experience has clearly shown that the sweeping powers and protections afforded to investors by NAFTA Chapter 11 have repeatedly been invoked in order to frustrate the legitimate exercise of democratic governmental authority. In too many cases, those efforts have succeeded. It would be highly undesirable if this deeply flawed approach were to be entrenched and expanded in the CETA.

We strongly urge you and your colleagues in the European Parliament to do all that you can to prevent the EU and EC negotiators from taking this reckless and irresponsible step.

Yours truly,

Canadian Centre for Policy Alternatives
Canadian Labour Congress
Canadian Union of Public Employees
Council of Canadians
National Union of Public and General Employees

Malaysia: Arbitration Act Amendment Expected To Be Passed Next Parliament Session

Jan 27, http://www.dailymail.com.my/v2/index.php?option=com_content&view=article&id=4912:arbitration-act-amendment-expected-to-be-passed-next-parliament-session&catid=87:parliament&Itemid=133

An amendment to the Arbitration Act 2005 which is expected to be passed by the Dewan Rakyat in its first meeting for the year in March, will have more edge to the process of arbitration. Deputy Minister in the Prime Minister's Department Datuk V. K. Liew said the bill which would be on the second reading at the Dewan Rakyat was "hoped that can promote arbitration as an alternative to dispute resolutions to people". "Many are increasingly concerned about the time and cost spent to resolve their conflicts in the normal court," he told Bernama here after witnessing the signing of a memorandum of understanding (MoU) between the Kuala Lumpur Regional Centre for Arbitration (KLRCA) and Associated Chinese Chambers of Commerce and Industry of Malaysia (ACCCIM).

Myanmar approves investment law

Jan 28, http://www.straitstimes.com/BreakingNews/SEAsia/Story/STIStory_629295.html

YANGON - MYANMAR'S military government has enacted a law on foreign investment in a move to attract much-needed foreign capital to an economy held back by decades of sanctions and mismanagement. A 'Special Economic Zone Law' was passed on Thursday by the junta, four days before a new parliament convenes for the first time, outlining privileges for investors and regulations regarding banking and insurance firms.

Norway: Telenor Commences Arbitration against VimpelCom and Altimo to Preserve Telenor's Pre-emptive Rights in the Wind Telecom Transaction

Jan 31, http://www.telenor.com/en/news-and-media/press-releases/2011/telenor-commences-arbitration-against-vimpelcom-and-altimo-to-preserve-telenors-pre-emptive-rights-in-the-wind-telecom-transaction

Telenor has commenced an arbitration proceeding against VimpelCom Ltd. and Altimo Holdings & Investments Ltd. under the VimpelCom Shareholders Agreement in order to protect Telenor's pre-emptive rights in the context of VimpelCom's proposed acquisition of Wind Telecom S.p.A.

Telenor has requested an arbitration tribunal to determine that VimpelCom's proposed acquisition of Wind Telecom is not a Related M&A Transaction under the VimpelCom Shareholders Agreement and that Telenor is entitled to exercise its pre-emptive rights under the Shareholders Agreement in connection with the issuance of new VimpelCom shares to the Wind Telecom shareholders if VimpelCom's proposed acquisition of Wind Telecom is completed.

See also "Telenor Says VimpelCom Acquisition of Wind Telecom Makes No Sense, Will Harm VimpelCom Minority Shareholders, Jan. 17" http://www.telenor.com/en/news-and-media/press-releases/2011/telenor-says-vimpelcom-acquisition-of-wind-telecom-makes-no-sense-will-harm-vimpelcom-minority-shareholders

Norway: VimpelCom Receives Notice of Arbitration from Telenor

Jan 31, http://www.vimpelcom.com/news/press.wbp

Amsterdam and New York (January 31, 2011) - VimpelCom Ltd. announced today that it received a notice of arbitration from Telenor, in relation to the proposed transaction with Wind Telecom S.p.A. (the "Transaction"), to enforce its alleged pre-emptive rights under the VimpelCom shareholders agreement because it believes the Transaction is not a Related M&A Transaction.

The VimpelCom Supervisory Board decided at its January 16, 2011 meeting that the Transaction constitutes a Related M&A Transaction and consequently the VimpelCom shareholders agreement does not provide pre-emptive rights to Altimo and Telenor.

Telenor has requested that VimpelCom adjourn the special general meeting of VimpelCom shareholders scheduled for March 17, 2011 (the "SGM") and postpone the January 31, 2011 record date for the SGM until after the arbitration panel has reached a decision on the claim. Today's date of January 31, 2011 will remain the record date for the SGM.

VimpelCom's management and Supervisory Board continue to believe strongly in the strategic rationale for the Transaction which will create a new global telecom player with significant scale and an attractive mix of developed and emerging market assets, well-positioned to realize profitable growth.

Peru: Doe Run Threatens Peru with Free Trade Lawsuit

Jan 17, http://upsidedownworld.org/main/news-briefs-archives-68/2867-us-company-threatens-peru-with-free-trade-lawsuit

IPS - The U.S. mining and metallurgical company Doe Run has once again challenged the Peruvian government. The Renco Group, of which it is a subsidiary, notified the government of its plans to start an international arbitration process, invoking the free trade agreement between this South American country and the United States. The U.S.-based holding company said the arbitration will be filed in 90 days if no agreement is reached. What is behind this ultimatum?

PNG landowners told to go to mediation over LNG project

Jan 21, http://www.radioaustralia.net.au/pacbeat/stories/201101/s3118508.htm

Papua New Guinea's Chief Justice has ordered an urgent mediation over a complex legal battle taken by landowners against the government and developers of PNG's multi-billion US dollar Liquefied Natural Gas or LNG project.

Poland: Danish Firm Encircles Polish Telecom With Lawsuits

Jan 20, http://blogs.wsj.com/new-europe/2011/01/20/danish-firm-encircles-polish-telecom-with-lawsuits/

Danish-Polish Telecommunications Group, or DPTG, a company that once invested in a Polish fiber-optic cable, is initiating procedures across Europe to enforce $525 million from Poland’s dominant telecommunications operator Telekomunikacja Polska. The company has recently filed lawsuits in a number of jurisdictions—in countries where Telekomunikacja Polska has no operations to speak of. The enforcement proceedings are part of several initiatives that DPTG is taking to collect 2.9 billion Danish krone ($525 million) awarded by the arbitration court in Vienna to DPTG in September 2010 for fees DPTG said Telekomunikacja Polska owes it for traffic volumes carried through a fiber-optic network that was installed in Poland in the early 1990s.

Resource rich DR Congo, Turkmenistan, Sudan, Venezuela and Angola top Maplecroft legal and regulatory risk list

Jan 27, http://www.maplecroft.com/about/news/lrea_2011.html

Corruption and expropriation amongst primary risks for extractive sector. Endemic corruption and the expropriation of assets feature amongst the top risks for extractive businesses looking to capitalise on growth opportunities in DR Congo, Turkmenistan, Sudan, Venezuela and Angola. This is according to Maplecroft’s Legal and Regulatory Environment Risk Atlas 2011, which places the five nations in the top 10 of a ranking of 172 countries.

See also http://www.thenewage.co.za/8905-9-53-4_African_countries_named_among_riskiest

Russia: Ad Hoc Notice - MTS Finance was served with a freezing order issued by the English High Court of Justice

Jan 28, http://www.mtsgsm.com/news/2011-01-28-28587/

Mobile TeleSystems OJSC, the leading telecommunications provider in Russia and the CIS, announces that it has been notified by Mobile TeleSystems Finance S.A. (“MTS Finance”), a wholly owned subsidiary of MTS, that MTS Finance was served with a freezing order issued by the English High Court of Justice on January 26, 2011 (the “Order”).

The Order was issued in connection with the enforcement of an arbitration award in favor of Nomihold Securities Inc. (“Nomihold”) dated November 11, 2010 requiring MTS Finance to pay $170 million plus costs, interest, and $5.88 million in dividends (the “Award”) first reported by MTS on November 22, 2010, and reaffirmed on January 5, 2011, upon its finalization by the London Court of International Arbitration (LCIA). Among other things, the Order states that MTS Finance may not remove assets in England and Wales up to the amount of $208,113,544.60 or “in any way dispose of, deal with or diminish the value of any other of its assets” outside England and Wales up to the same value.

As previously announced on January 24, 2011, MTS is currently engaged in a cash tender offer to acquire any and all of the outstanding senior unsecured USD-denominated Eurobonds in the amount of $400 million with an annual interest rate of 8.00% due January 28, 2012 issued by MTS Finance and guaranteed by MTS.

MTS does not believe that the Order applies by its terms to MTS or that the Order should prevent the completion of either the tender offer or the solicitation of waivers and consent on its outstanding senior unsecured USD-denominated Eurobonds in the amount of $750 million with an annual interest rate of 8.625% due in June 2020 issued by MTS International Funding Limited [A private company organized and existing as a private limited company under the laws of Ireland]. Nonetheless, MTS intends to seek further clarifications.

Russia: BNP Paribas sues Rosinteragroservis for $20 mln

Jan 19, http://uk.reuters.com/article/idUKLDE70I08A20110119

Reuters - BNP Paribas has filed a lawsuit for $20 million against one of the biggest Russian grain traders Rosinteragroservis (RIAS), according to a Moscow Arbitration Court document seen by Reuters on Wednesday.

South Africa: ArcelorMittal: Sishen Mine Arbitration Progressing

Jan 19, http://www.foxbusiness.com/markets/2011/01/19/arcelormittal-south-africa-sishen-arbitration-progressing/

Dow Jones - ArcelorMittal South Africa Ltd. said Wednesday the arbitration process to settle a pricing dispute for iron ore from the Sishen mine in South Africa is progressing.

Russia: BP Announces Plans to Enter into Arbitration Proceedings

Feb 01, http://www.bp.com/genericarticle.do?categoryId=2012968&contentId=7067091

BP today announced immediate plans to enter into arbitration proceedings to resolve the issues raised by Alfa Petroleum Holdings Limited and OGIP Ventures Limited in their application to the English High Court relating to the share swap agreement and Arctic exploration arrangements agreed between BP and Rosneft, announced on 14 January 2011.

The Court today issued an order, the terms of which were agreed by the parties, that the parties use their best endeavours to have an arbitral tribunal constituted on an expedited basis, with a view to deciding the questions which were before the court today, by 25 February 2011. In accordance with the Court order the share swap agreement with Rosneft will not be completed pending this expedited arbitration hearing.

BP's head of Russia David Peattie said: "It has always been BP's position that these matters should be resolved through arbitration, and we are pleased that this is what the Court has now decided."

Russia: BP faces legal challenge to Russian deal

Jan 28, http://www.ft.com/cms/s/0/7aa37e74-29f7-11e0-997c-00144feab49a.html

BP’s alliance with Rosneft, the Russian state oil company, faces a potential legal battle after the billionaire shareholders in the UK group’s other Russian venture filed for an injunction in London’s High Court to halt it.

Russia: London Court places injunction on Rosneft-BP deal

Feb 01, http://en.rian.ru/russia/20110201/162410954.html

London's High Court imposed on Tuesday an injunction on the strategic Rosneft-BP deal on share swap until February 25 following a lawsuit by the AAR consortium of Russian shareholders in the TNK-BP joint venture.

The injunction could be extended depending on the decision of the Stockholm Arbitration Court. BP said in a statement on Tuesday that it hoped to resolve the dispute with the Russian shareholders in TNK-BP through the Stockholm court by February 25.

Russia: Putin asks to speed up work on easing foreign investment rules

Feb 2, http://www.prime-tass.com/news/_Putin_asks_to_speed_up_work_on_easing_foreign_investment_rules/0/%7BF3E14878-AE14-477F-AB2C-9C43A7FE6B3E%7D.uif

Prime Minister Vladimir Putin on Wednesday asked the Federal Antimonopoly Service to speed up the submission of the second package of amendments to ease foreign investors’ operations in strategic sectors of the Russian economy.

Serbia Settlement, IAI Bond Purchase Boost Fortunes of Israel's ImageSat

Jan 28, http://www.spacenews.com/earth_observation/110128-settlement-iai-bond-purchase.html

TEL AVIV, Israel - A cash injection from Serbia and expanded equity from a patron shareholder should boost the long-languishing business of Israel-based ImageSat International, owner and operator of the Eros A and Eros B commercial imaging satellites.

The parallel deals involve a 28 million euro ($38.4 million) arbitration settlement from the government of Serbia and an agreement by Israel Aerospace Industries Ltd. (IAI) of Lod, Israel, to buy $81 million worth of ImageSat bonds held by Pegasus Capital Advisors LP, a New York-based private equity investment firm with outstanding legal claims against the satellite operating company.

According to industry sources here, the Serbian settlement will take place the week of Jan. 31 while the IAI-Pegasus deal should conclude by the end of February. Implementation of both will remove a key plaintiff in lawsuits brought by ImageSat minority shareholders claiming commercialization rights to IAI-built imaging satellites. The pending Pegasus buyout also will consolidate IAI's already majority control of ImageSat operations and investment strategy and pave the way for a third IAI-produced satellite, the Eros C.

...

SIAC: CEO's Annual Report

Jan 28, http://www.siac.org.sg/cms/images/stories/CEOs_Annual_Report_2010_v9.pdf

We are conscious of the growing concern amongst some practitioners that arbitration that the traditional benefits of arbitration, namely speed, cost and efficiency, have been eroded. The 2010 SIAC Rules retain most of the features of the 2007 SIAC Rules. However, several important changes and improvements to the 2007 SIAC Rules have been introduced. These changes and improvements are aimed at achieving greater efficiency in the conduct of the arbitral process, greater effectiveness of the arbitral process, clarification of certain provisions, and flexibility of the arbitral process. Two particular innovative changes were the introduction of the Expedited Procedure under new rule 5.1 and the provision of an appointment of an Emergency Arbitrator before the tribunal has been constituted under new rule 26. The new rules have been well received and the arbitration community was quick to adopt and make use of the new provisions. Of the new cases filed in 2010, 88 were under the new rules. SIAC received 20 requests for the Expedited Procedure of which 12 cases were accepted under Rule 5.1(a) and 1 case accepted under Rule 5.1(b). 8 of these cases were subsequently consolidated. SIAC received 2 applications under the Emergency Arbitrator provision. The number of disputes referred to the SIAC in 2010 rose for the tenth consecutive year, with 198 new filings compared to 160 in 2009. The consistent growth in case numbers and the diverse variety of the contracts referred to SIAC for dispute resolution - highlight the durability and international appeal of SIAC for conflict management.

Sri Lanka: 65 new courts to expedite cases - BASL President

Jan 30, http://www.tops.lk/article32309-65-new-courts-to-expedite-cases-basl-president.html

Aziz said that the conference would help investors to dispel misconception about the legal system in the country and get a proper picture of the laws relating to trade and investment.

...

Aziz said that the Association is contemplating setting up an international arbitration centre in Sri Lanka for which the government is fully supportive.

Suez to fight Hungary contract loss in Vienna court

Jan 27, http://www.bbj.hu/?col=1000&id=55699

Suez Environnement, whose water services contract with the Hungarian city of Pécs was abruptly terminated by the municipality in 2009, now plans to take its battle to an international court of arbitration in Vienna.

Taiwan: Shaw Receives $29 Million Payment on Arbitration Award

Jan 31, http://ir.shawgrp.com/phoenix.zhtml?c=61066&p=irol-newsArticle&ID=1521594&highlight=

The Shaw Group Inc. announced it received a $29 million arbitration award payment from Taiwan Power Company for work completed on the Lungmen Nuclear Power Project.

Earlier this month, the Taiwan High Court upheld an arbitration award that ordered Taiwan Power Company to pay Shaw damages for increased costs caused by Taiwan Power Company. That ruling also dismissed Taiwan Power Company's counterclaims in their entirety. Taiwan Power Company decided this week not to appeal the ruling of the High Court.

See "Shaw receives favorable ruling from Taiwan High Court for Lungmen project" Jan 6, http://www.oilandgasobserver.com/news/shaw-receives-favorable-ruling-from-taiwan-high-court-for-lungmen-project/002295

Taiwan: Shaw receives favorable ruling from Taiwan High Court for Lungmen project

Jan 6, http://www.oilandgasobserver.com/news/shaw-receives-favorable-ruling-from-taiwan-high-court-for-lungmen-project/002295

Shaw received formal notice of the High Court's ruling January 5, 2011, which affirmed an arbitration award that ordered Taiwan Power Company to pay Shaw approximately $27 million in damages for increased costs caused by Taiwan Power Company. The court also dismissed Taiwan Power Company's counterclaims in their entirety.

Tajikistan may adopt law on international commercial arbitration

Jan 23, http://www.neurope.eu/articles/104401.php

Chairman of Tajikistan’s Chamber of Commerce and Industry (CCI) Sharif Said recently urged the government to adopt a law on international commercial arbitration. He stressed that the law is necessary for business circle in attracting foreign investments for development of Tajikistan’s economy and private sector, Asia-Plus reported.

...

For this, Tajikistan should also join the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards, he added.

Tanzania: DOWANS SAGA Fierce propaganda campaign unleashed

Jan 27, http://www.thisday.co.tz/?l=11011

...AS SENIOR OFFICIAL WARNS: "IT'S MORALLY, ETHICALLY AND LEGALLY WRONG FOR THE GOVERNMENT TO PAY DOWANS UNDER ANY CIRCUMSTANCES." A sophisticated propaganda campaign has been unleashed to dupe Tanzanians and senior government officials to approve a dubious payment of more than $65.8 million (approx. 100 billion shillings) plus interest to Dowans Holdings SA/Dowans Tanzania Limited for an illegal power generation contract, it has been revealed.

Tunisia: Eurogas International: The Seawolf Litigation

Jan 28, http://www.eurogasinternational.com/_pdfs/News-Release-Jan%2028-11.pdf

In 2009, APEX, on behalf of the joint venture partners, commenced arbitration proceedings against Seawolf under the rules of the London Court of International Arbitration, seeking damages for misrepresentations and breach of contract in respect of the drilling of the REB-3 well on the Ras-El-Besh concession. In May 2010, the parties reached a settlement agreement that provides for a US$12 million payment to the joint venture over an 18-month period. The settlement amount is secured by a letter of guarantee issued by a recognized international bank.

During the year ended December 31, 2010, the Corporation received cash of $2.1 million (US$2.1 million) and recognized further amounts receivable of $1.5 million (US$1.5 million), as its share of the expected settlement proceeds.

Turkmenistan: MTS Invites the Government of Turkmenistan to Resolve the Dispute through Negotiations

Jan 21, http://www.mtsgsm.com/news/2011-01-21-28572/

Moscow, Russian Federation - Mobile TeleSystems OJSC ("MTS" - NYSE: MBT), the leading telecommunications provider in Russia and the CIS, announces that on January 21, 2011 the Company sent a letter to the Government of Turkmenistan inviting it to resolve the dispute over the suspension of MTS' operations in the country and to remove impediments to the Company's business activities in Turkmenistan.

In the letter sent to the Government of Turkmenistan, MTS warns that as a result of actions undertaken by the Turkmen authorities, their agents and/or third parties acting on behalf of the Government of Turkmenistan and/or on its instructions, MTS has suffered and continues to suffer significant losses.

The aforementioned letter is a formal request to resolve the dispute through negotiations within the framework of the procedure for settlement of investment disputes provided for by the Bilateral Investment Treaty signed by the Russian Federation and Turkmenistan. Should the dispute not be resolved amicably, MTS reserves the right to commence proceedings against Turkmenistan in the International Centre for Settlement of Investment Disputes ("ICSID"), which is part of the World Bank Group.

As was previously announced, the Company had suspended its operations in Turkmenistan in accordance with the notice from the Ministry of Communications of Turkmenistan received by MTS on December 15, 2010. The notice informed the Company of a decision to suspend telecommunications licenses held by Barash Communications Technologies, Inc. ("BCTI"), MTS' wholly-owned US subsidiary running operations in Turkmenistan, for a period of one month starting from December 21, 2010. Given that the actions of the Turkmen authorities prevent the Company from providing services to its customers, the operations will remain suspended until removal of certain impediments to run the Company's business in Turkmenistan through negotiation with the Turkmen authorities.

The Company shall vigorously defend its legal rights and investment interests.

US-Canada: Capital Power Income L.P. announces arbitration ruling on its North Carolina facilities

Jan 27, http://www.capitalpowerincome.ca/en-ca/News/2011/Pages/012711.aspx

EDMONTON, Alberta – January 27, 2011 – Capital Power Income L.P. (TSX.CPA.UN) (the Partnership) announced today that the North Carolina Utilities Commission (NCUC) has issued an Order on Arbitration (Order) relating to Power Purchase Agreements (PPAs) for the Partnership’s North Carolina facilities with Progress Energy Inc. (Progress). The PPAs for the Partnership’s two North Carolina facilities expired on December 31, 2009 and the Partnership initiated an arbitration process with the NCUC in October 2009, seeking long-term PPAs including pricing terms reflecting Progress’ full avoided costs, including both capacity and energy components.

“The arbitration ruling supported the majority of our positions including our request for long-term PPAs,” said Stuart Lee, President of CPI Income Services Ltd., the General Partner of the Partnership. “Under the Order, our two North Carolina facilities will have 10-year PPAs that will provide the Partnership with long-term contracted cash flows. With some significant elements still to be negotiated, we expect to provide updated financial guidance relating to the PPAs once they have been finalized.”

The NCUC Order ruled on four fundamental issues in the arbitration:

1. The time at which a legally enforceable obligation was created between the two parties: - NCUC ruled in favour of the Partnership’s position that a legally enforceable obligation was created in July 2008 and that, accordingly, it is appropriate to use Progress’ June 2008 fuel forecasts as the basis for determining the avoided cost fixed energy rates for the new PPAs.

2. Whether the Partnership is entitled to capacity payments for the years 2010-2014: - NCUC ruled in favour of the Partnership’s position by indicating that it is just and fair for the Partnership to receive full capacity payments in respect of the full term of the PPAs. Progress had suggested that the Partnership should not be entitled to receive any value for capacity for the years 2010-2014, and as a consequence, the levelized capacity payments over the full term would have been significantly reduced.

3. Whether and to what extent economies of scale should be used to determine capacity costs for Progress’ planned combustion turbine resource additions: - NCUC ruled in favour of Progress’ position of using the average unit cost to construct four combustion turbines at a plant site to determine Progress’ avoided cost capacity rate. The Partnership had suggested that capacity costs should be determined based on a single combustion turbine at a plant site.

4. The appropriate term for the new PPAs: - NCUC ruled that a 10-year term would be fair and appropriate for the new PPAs with the term starting from the time when the new PPAs are signed. The Partnership requested a 15-year contract term while Progress requested a maximum of a 2-year term for PPAs with fixed energy rates.

The NCUC Order did not set a deadline at this time for the completion of negotiations but requires the Partnership and Progress to report on the status of negotiations within 30 days, if no agreement is reached sooner.

US-Canada: Coalition for Fair Lumber Imports Applauds U.S. Government Initiation of Arbitration Proceeding Against British Columbia Softwood Lumber Agreement Violations

Jan 18, http://www.fairlumbercoalition.org/doc/press_release_01-18-11.pdf

US-Canada: Coalition for Fair Lumber Imports Welcomes Arbitral Decision Under U.S.-Canada Softwood Lumber Agreement Regarding Ontario and Quebec Subsidies

Jan 21, http://www.fairlumbercoalition.org/doc/press_release_01-21-11.pdf

WASHINGTON (January 21, 2011) - The Coalition for Fair Lumber Imports welcomed today's London Court of International Arbitration (LCIA) ruling that subsidies provided by the Ontario and Quebec governments to lumber manufacturers in their provinces violate the terms of the 2006 U.S.-Canada Softwood Lumber Agreement (SLA). This trade agreement prohibits the Canadian federal and provincial governments from providing new subsidies to the Canadian lumber industry after July 1, 2006.

In late 2006 and 2007, Quebec and Ontario announced and implemented plans to provide hundreds of millions of dollars in grants, subsidized loans, and subsidized loan guarantees to lumber producers. The United States initiated dispute settlement proceedings under the SLA with respect to these new subsidies in January 2008. The text of today's LCIA Tribunal decision has not yet been released publicly.

However, the Office of the U.S. Trade Representative states that, according to the terms of the Tribunal award, Canada must implement a cure for this breach within 30 days or impose additional export taxes for the duration of the SLA. It is anticipated that these additional export taxes will amount to U.S.$ 59.4 million.

"By providing new subsidies, Canada knowingly violated the terms of the lumber trade agreement to provide an unfair advantage to Canadian producers in this very challenging market," said Steve Swanson, Chairman of the Coalition and President of the family-run Swanson Group in Oregon. "The remedy prescribed by the LCIA will help bring about a more level playing field for U.S. manufacturers, millworkers, and private forest landowners," Swanson added.

Today's decision is the second consecutive ruling by an LCIA Tribunal that Canada has violated the 2006 Softwood Lumber Agreement. In 2009, another LCIA Tribunal agreed with the United States that Quebec, Ontario, Manitoba, and Saskatchewan had exceeded quota requirements and ordered a 10% penalty export tax on lumber shipments from those provinces until C$68.26 million is collected. LCIA Tribunals are comprised of experienced international commercial arbitrators who may not be citizens or residents of the United States or Canada. On January 18, the United States formally requested a third LCIA arbitration regarding a long-standing dispute over misgrading and underpricing of timber in the Interior region of British Columbia. The members of the LCIA Tribunal that will hear that claim will be named over the next few weeks.

The SLA entered into force in October 2006. Under the agreement, Canada collects export taxes on shipments of softwood lumber to the United States when lumber prices fall below certain levels. In return for Canada's commitment to collect these export taxes, the Coalition agreed to settle outstanding trade actions it had brought against unfair Canadian lumber subsidies and to refrain from pursuing such actions while the SLA is in place. The agreement also prohibits the Canadian federal and provincial governments from circumventing these export taxes by providing subsidies to Canadian softwood lumber producers in excess of those in existence on July 1, 2006. Otherwise, Canada would be simply collecting the export taxes with one hand and giving them back to the lumber producers with the other hand - effectively circumventing the export tax requirements.

"The Coalition commends the U.S. Government team whose hard work made this successful outcome possible," concluded Swanson.

US-Canada: Softwood lumber haunts Canada again

Jan 21, http://www.canada.com/business/smallbusiness/Softwood+lumber+haunts+Canada+again/4146025/story.html

An international arbitration panel ruled Friday that two Canadian provinces have breached the terms of the 2006 Softwood Lumber Agreement with the United States.

The London Court of International Arbitration set a financial penalty of US$59.4-million that Canada will have to pay if it doesn't resolve the dispute.

US-Canada: Statement by Minister Van Loan on Softwood Lumber Ruling

Jan 21, http://www.international.gc.ca/media_commerce/comm/news-communiques/2011/031.aspx?lang=eng

"Today, the London Court of International Arbitration provided its decision on a U.S. challenge against forestry programs run by the provinces of Ontario and Quebec.

"The Government of Canada is closely reviewing this decision and its impact on the Canadian industry.

"I note that the tribunal rejected 97 percent of the United States' $1.86-billion claim as having no basis.

"Canada remains committed to the Softwood Lumber Agreement, which provided for a fair and independent ruling on these claims. Before 2006, disputes resulted in unilateral action that unduly and unjustifiably punished the Canadian forestry industry.

"The Softwood Lumber Agreement has brought much-needed stability and predictability to the lumber industry and returned over $5 billion to Canadian exporters at a time when they needed it most."

US-Canada: U.S. Arbitration Filing Questions Impact of Beetle Attack, BCLTC Claims

Jan 18, http://news.morningstar.com/all/canada-news-wire/20110118C3447/us-arbitration-filing-questions-impact-of-beetle-attack-bcltc-claims.aspx

The British Columbia Lumber Trade Council (BCLTC) responded today to a request by the Office of the United States Trade Representative to seek arbitration under the Softwood Lumber Agreement (SLA) on matters relating to British Columbia's interior forest pricing system.

US-Canada: United States Requests Arbitration with Canada Under Softwood Lumber Agreement

Jan 18, http://www.ustr.gov/about-us/press-office/press-releases/2011/january/united-states-requests-arbitration-canada-under-so

Washington, D.C. - United States Trade Representative Ron Kirk announced today that the United States is requesting arbitration with Canada under the 2006 Softwood Lumber Agreement (SLA) regarding the under-pricing of timber harvested from public lands in the Interior region of British Columbia.

"Canada is providing an additional benefit to Canadian exporters of softwood lumber by selling timber harvested from public lands for prices below those provided for under the timber pricing system grandfathered under the SLA. By doing so, Canada is in breach of its commitments under the Agreement. This type of benefit harms U.S. workers and firms in the lumber industry, and is inconsistent with Canada's obligations under the 2006 Softwood Lumber Agreement," said Ambassador Kirk. "When we believe our trading partners are not living up to their obligations, we will not hesitate to enforce our rights under our trade agreements."

Growing U.S. concerns over this issue have gone unaddressed by Canada, and the United States requested formal consultations with Canada under the SLA in September 2010. Consultations were held in October 2010, but did not resolve the matter. As a result, the United States is exercising its rights under the SLA to submit the matter to binding arbitration. The SLA provides for binding arbitration to resolve differences between the United States and Canada regarding interpretation of the Agreement. Under the SLA, arbitration is conducted under the rules of the London Court of International Arbitration. Upon USTR's request, the U.S. Department of Justice will be filing the request and handling the arbitration.

BACKGROUND

The 2006 SLA is intended to resolve disputes over Canada's subsidization of softwood lumber exports. Under the SLA, Canada agreed to impose certain measures to affect the price of softwood lumber exports to the United States. The SLA provides that Canada may not circumvent those export measures, including through providing grants or other benefits. By selling timber harvested from public lands in the Interior region of British Columbia for prices below those provided for under the timber pricing system grandfathered under the SLA, Canada provides a benefit to Canadian softwood lumber producers in circumvention of the export measures provided for in the Agreement.

The central issue in the dispute involves the mis-assignment of public timber to the salvage "grade 4," which British Columbia then sells to Canadian softwood lumber producers at the very low fixed rate of 25 cents per cubic meter. The share of timber harvested from public lands in the Interior region of British Columbia and provided as "grade 4" (or otherwise priced at 25 cents per cubic meter) has increased dramatically since the SLA entered into force. This increase is not justified under the British Columbia provincial timber pricing system recognized under the SLA, even when known factors affecting timber quality (such as damage from the mountain pine beetle) are fully taken into consideration.

The United States has brought two previous disputes under the SLA to ensure proper implementation of the Agreement. In the first dispute, a tribunal found that Canada failed to calculate quotas properly during the first six months of 2007 and found that Canada should impose an additional CN$68.26M in export duties on softwood lumber as compensation. The second dispute is ongoing and concerns several Canadian provincial programs that provide subsidies in circumvention of the SLA.

U.S. Request for Arbitration here: http://www.ustr.gov/webfm_send/2484

Exhibit A http://www.ustr.gov/webfm_send/2485

Exhibit B http://www.ustr.gov/webfm_send/2486

US-Mexico: Corn Products Receives $58.4 Million Related to NAFTA Tribunal Judgment

Jan 26, http://www.heraldonline.com/2011/01/26/2783818/corn-products-international-receives.html

Corn Products International, Inc., a leading global provider of ingredient solutions to diversified industries, received payments totaling US$58.4 million on January 25, 2011, from the Government of the United Mexican States pursuant to an award rendered in its favor by a North American Free Trade Agreement (NAFTA) Chapter 11 Tribunal in 2009.

The award was the result of a claim Corn Products submitted to arbitration in 2003 under the investment protection provisions of NAFTA arising out of a tax Mexico had imposed on beverages sweetened with high fructose corn syrup. In 2008 the NAFTA Tribunal found that the tax violated NAFTA's national treatment provisions by discriminating in favor of domestic producers of cane sugar.

Mexico made this payment pursuant to an agreement with Corn Products International that provides for terminating pending post-award litigation and waiving post-award interest.

US: Chevron Files Fraud and RICO Case Against Lawyers and Consultants Behind Ecuador Litigation

Feb 1, http://www.chevron.com/chevron/pressreleases/article/02012011_chevronfilesfraudandricocaseagainstlawyersandconsultantsbehindecuadorlitigation.news

Chevron Corporation (NYSE: CVX) today filed a civil lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO) as well as other federal and state laws against the trial lawyers and consultants leading a fraudulent litigation and PR campaign against the company. Through the lawsuit, Chevron seeks a court declaration that any judgment against Chevron in the Ecuador lawsuit is the result of fraud and therefore unenforceable. Chevron is also seeking damages associated with the cost of defending the Ecuador litigation.

US: Depomed Will Engage in Mediation to Resolve Dispute With Abbott; Comments on DM-1796 Regulatory Status and Orphan Drug Designation

Jan 18, http://investor.depomedinc.com/phoenix.zhtml?c=97276&p=irol-newsArticle&ID=1516964&highlight=

MENLO PARK, Calif., Jan 18, 2011 (GlobeNewswire via COMTEX) -- Depomed, Inc. (Nasdaq:DEPO) today announced that it will engage in a mediation process with Abbott Products, Inc., regarding Abbott's commercialization obligations related to DM-1796, an investigational, once-daily formulation of gabapentin for the management of post-herpetic neuralgia (PHN). DM-1796 was developed by Depomed and is licensed to Abbott Products in the U.S., Canada and Mexico for the treatment of pain.

Carl Pelzel, Depomed's President and CEO, said, "We believe DM-1796 meets an important need for sufferers of PHN, as evidenced by the FDA's decision to grant DM-1796 Orphan Drug status on the basis of its side effect profile. We at Depomed want to ensure that this important therapy is available to patients as soon as possible following FDA approval, which could occur on the upcoming January 30 PDUFA date. Should that occur, the product's full commercial profile can be introduced to the marketplace. DM-1796 fills a very significant unmet market need and we hope to see it effectively marketed."

The Parties' Dispute

Abbott Laboratories (NYSE:ABT), the parent company of Abbott Products, recently informed Depomed that it does not believe it is obligated to launch and commercialize DM-1796.

Depomed believes the license agreement clearly and unambiguously imposes on Abbott the following obligations with regard to the launch and commercialization of DM-1796: (i) to make the first commercial sale of DM-1796 to occur within a specified period of time following FDA approval; (ii) to perform a minimum number of sales calls annually; (iii) to make specified minimum promotional expenditures; and (iv) to use commercially reasonable efforts to commercialize DM-1796 in the United States following approval of the DM-1796 NDA. Abbott's launch and commercialization obligations through the second anniversary of the product launch are defined by specific dollar values in the license agreement based on a minimum number of annual sales calls and minimum annual promotional expenditures. The dollar value specified totals approximately $85 million to $135 million, depending on the ultimate product labeling.

Mr. Pelzel added, "We see a significant market opportunity for DM-1796, one that would offer a healthy return on investment for both companies. We are perplexed by Abbott's reluctance to adhere to their contract obligations given the in-depth market research previously undertaken regarding this product. We are disappointed that the product does not appear to fit into the Abbott commercial portfolio and that they have chosen to contest what we believe are clear and unambiguous contractual terms. We are very willing to work collaboratively with Abbott to resolve this matter quickly, fairly and equitably."

In accordance with the license agreement, the parties are planning to initiate good faith mediation to resolve the dispute. Depomed expects Abbott will continue to fulfill its obligations under the agreement pending the resolution of the dispute. Should the parties be unable to resolve the matter through mediation, the agreement provides that the parties submit to binding arbitration. In that event, Depomed believes it would be entitled to seek damages that would include lost royalties and milestone revenues it would have received had Abbott performed under the license agreement.

US: SEC Approves FINRA Proposal to Give Investors Permanent Option of All Public Arbitration Panels

Feb 1, http://www.finra.org/Newsroom/NewsReleases/2011/P122877

Change Greatly Increases Investor Choice Within FINRA Arbitration Program

WASHINGTON — The Financial Industry Regulatory Authority (FINRA) today announced that the Securities and Exchange Commission (SEC) has approved its proposed rule change to provide customers in all FINRA arbitrations the option of having an all public panel. Historically, in cases with three arbitrators, the panels have been comprised of two public arbitrators and one arbitrator with a nexus to the securities industry. The amended rules will apply to all customer cases in which a list of potential arbitrators has not yet been sent to the parties.

"This change will give investors an additional choice in selecting their arbitrators when they file claims," said Richard Ketchum, FINRA Chairman and Chief Executive Officer. "We believe that giving investors the ability to have an all-public panel will increase public confidence in the fairness of our dispute resolution process."

FINRA sought the SEC's approval for the rule change in October after results of a 27-month pilot program showed that investors presented with this option chose the new method of arbitrator selection nearly 60 percent of the time. Investors regularly accepted a non-public arbitrator, but the ability to choose the circumstances improved their perception of the process. Participation in FINRA's Public Arbitrator Pilot Program was voluntary and ultimately included the participation of 14 firms.

"There was strong support from investor and consumer groups for giving arbitration customers the right to decide whether their panel should include a non-public member," said Ketchum.

Additional information about the new arbitration rules is available on FINRA's website at www.finra.org/arbitration/allpublicpanel.

Venezuela: Chavez takeover costs Owens-Illinois $329m

Jan 16, http://www.o-i.com/newsroom.aspx?id=2147483681

O-I has deemed the disposal of its expropriated Venezuelan operations as complete effective December 31, 2010. As a result, the Venezuelan business has been reflected in the Company’s financial statements as discontinued operations, and the Company has taken a one-time charge of approximately $329 million to write-off the Venezuelan net assets and the related cumulative Venezuelan currency translation adjustments recorded in prior years. The Company continues to negotiate with the Venezuelan government with respect to certain aspects of the expropriation, including compensation.

Venezuela: Chávez threatens BBVA Provincial with expropriation for second time in 2 months

Jan 27, http://www.bnamericas.com/news/banking/chavez-threatens-bbva-provincial-with-expropriation-for-second-time-in-2-months1

Venezuela's third largest private sector bank, BBVA Provincial, is on the defensive once more after President Hugo Chávez called its president during a live television broadcast and threatened to expropriate the bank over a construction lending controversy.

Zimbabwe: Heinrich von Pezold vows to press case against land seizure

Jan 21, http://www.monstersandcritics.com/news/business/news/article_1613469.php/German-investor-in-Zimbabwe-vows-to-press-case-against-land-seizure

In an interview at one of his properties north of Harare, Heinrich von Pezold, 58, said he went to the ICSID after Harare refused to deal with his complaints. He said that his three investments are covered by a bilateral investment protection treaty that Berlin and Harare signed in 1995. 'A lot of damage has been caused on my assets by settlers on my properties,' he said. 'Over the years I have tried to engage the government of Zimbabwe.' Von Pezold called Zimbabwe 'a place to do productive investment, which is why we continue to invest here.' He hopes for a chance to meet the government and find a solution under the bilateral investment protection accord.

EVENTS

JOBS / MOVES

Dechert Promotes Eight to Partner

Jan 28, http://www.dechert.com/newsroom/newsroom.jsp?pg=news_release_detail&id=13384&nav=newsrelease

Dechert LLP announced today that eight attorneys have accepted invitations to join the firm partnership effective January 1, 2011. The newly elected partners are Muna Abu-Shaar, Matthew T. Clark, Dennis H. Hranitsky [arbitration], Jonathan Kim, Michael L. Sherman, Stuart T. Steinberg, Emmanuelle Trombe and Kenneth E. Young.

Curtis Promotes Two International Arbitration Attorneys to Counsel

Jan 28, http://www.curtis.com/sitecontent.cfm?pageid=15&itemid=638

Curtis, Mallet-Prevost, Colt & Mosle LLP is pleased to announce the appointment of Kate Brown de Vejar and Jennifer Morrison as counsel in its Mexico City and London affiliates, respectively. Both attorneys are specialized in international arbitration, one of Curtis' core practice areas.

CIArb: Top practitioners take the lead at CIArb

Jan 24, http://www.ciarb.org/news/ciarb-news/top-practitioners-take-the-lead-at-ciarb.php

This month sees several prestigious appointments for the Chartered Institute of Arbitrators (CIArb). Leading international arbitrator Doug Jones AM FCIArb takes up his appointment as CIArb President and John Wright FCIArb, a solicitor and construction disputes specialist, becomes Chairman of the Board of Trustees.

Weinhold partners Havránek

Jan 19, http://www.praguepost.com/business/7192-movers-and-shakers-weinhold-partners-havranek.html

Weinhold Legal has appointed Ondrej Havránek its newest partner, bringing the total partner team to five. Havránek is an attorney at law who focuses primarily on mergers and acquisitions and restructuring in the Czech Republic. He has specialized in litigation and arbitration, representing the country in international investment arbitrations and a number of significant Czech companies in court disputes with minority shareholders.

Dewey & LeBoeuf Strengthens International Arbitration and Cross-Border Dispute Resolution Practice with Addition of James H. Carter

Jan 18, http://www.deweyleboeuf.com/en/Firm/MediaCenter/PressReleases/2011/01/DLStrengthensInternationalArbitration.aspx

Dewey & LeBoeuf LLP is pleased to announce that James H. Carter has joined the firm as a partner in its International Arbitration and Cross-Border Dispute Resolution Practice Group. He was most recently a partner at Sullivan & Cromwell LLP.

Paraschiva (Peggy) Suica-Neagu to lead White & Case disputes practice

Jan 19, http://www.romania-insider.com/white-case-poaches-head-of-petroms-litigation-dept.-to-lead-its-disputes-practice/17647/

Law firm White & Case has appointed litigation lawyer Paraschiva (Peggy) Suica-Neagu as a partner to lead its Bucharest disputes practice. Peggy Suica-Neagu has joined White & Case from OMV Petrom S.A. (formerly Petrom S.A.), where she led the litigation department.

BOOKS

Conflict of Laws in International Arbitration

Franco Ferrari, Stefan Kröll (Eds.)
November 2010. xiv, 466 pages. Softcover
ISBN 978-3-86653-170-3.
Publisher: sellier. european law publishers GmbH, Munich.
SPECIAL OFFER for TDM readers: 59 euro instead of 79 if ordered via a special order form before 31 March 2011 (contact us)

Chapter from this book:
Arbitration and Insolvency - Selected Conflict of Laws Problems by Stefan Kröll

Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of conflict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant conflict rules to determine the applicable law. This raises the question of what conflict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of conflict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization.

The very beneficial book is dealing with:

• the arbitration agreement,
• the jurisdiction of the arbitral tribunal,
• the law applicable to the merits,
• the arbitration procedure.

A review will be published in TDM.

Resolution of intellectual property disputes - Volume 2

Jacques de Werra (Editor)
Publisher: LinkSchulthess Verlag, 2010
Price: CHF 75.00
ISBN/ISSN: 978-3-7255-6154-4
Language: French and English
Pages: 216, Softcover

The second volume comprises the papers which were written for the conference of intellectual property law of February 8, 2010 which was devoted to the theme Resolution of intellectual property disputes/La résolution des litiges de propriété intellectuelle (the program is available at http://www.unige.ch/droit/jdpi/journees/2010.html).

ICSID

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

Feb 2, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement81

PROCEDURAL ORDER REGARDING AMICI CURIAE - ICSID NEWS RELEASE, 02 February 2011

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

...

New: Türkiye Petrolleri Anonim Ortakligi v. Republic of Kazakhstan (ICSID Case No. ARB/11/2)

Oil exploration and production joint venture. Registered January 14. Tribunal not yet constituted

New: Accession Eastern Europe Capital AB and Mezzanine Management Sweden AB v. Republic of Bulgaria (ICSID Case No. ARB/11/3)

Waste management services. Registered January 20. Tribunal not yet constituted

New: Club Hotel Loutraki S.A. and Casinos Austria International Holding GMBH v. Republic of Serbia (ICSID Case No. ARB/11/4)

Gaming industry. Registered January 21. Tribunal not yet constituted.

New: Nova Scotia Power Incorporated v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/1)

Coal supply agreement. Registered January 26. Tribunal not yet constituted

Border Timbers Limited, Border Timbers International (Private) Limited, and Hangani Development Co. (Private) Limited v. Republic of Zimbabwe (ICSID Case No. ARB/10/25)

Tribunal Constituted: January 20: L. Yves Fortier, A.Peter Mutharika, David A.R. Williams

Renée Rose Levy de Levi v. Republic of Peru (ICSID Case No. ARB/10/17)

Tribunal Constituted: January 19: Rodrigo Oreamuno, Bernard Hanotiau, Joaquin Morales Godoy

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

Status of Proceeding: the Claimant files a request for production of documents on January 21, 2011

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

Tribunal Constituted January 19: Piero Bernardini, Rudolf Dolzer, Hamid G. Gharavi

Opic Karimum Corporation v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/14)

Tribunal Constituted: January 05. Doug Jones, Philippe Sands, Guido Santiago Tawil. Claimants file a proposal for disqualification of an arbitrator; the proceeding is suspended on January 17, 2011

Tidewater Inc. and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/5)

Status of Proceeding: the Tribunal holds a first session in Washington, D.C. on January 24, 2011

Convial Callao S.A. and CCI - Compañía de Concesiones de Infraestructura S.A. v. Republic of Peru (ICSID Case No. ARB/10/2)

Status of Proceeding: the Tribunal issues a procedural order concerning provisional measures on January 17, 2011

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

Status of Proceeding: the Claimant files observations on the Respondent's request for production of document on January 26, 2011

H&H Enterprises Investments, Inc. v. Arab Republic of Egypt (ICSID Case No. ARB/09/15)

Status of Proceeding: the Tribunal issues a procedural order concerning production of documents on January 25, 2011

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

Status of Proceeding: the Tribunal issues a procedural order concerning production of documents on January 26, 2011

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: the Claimants file a counter-memorial on jurisdiction on January 24, 2011

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

Status of Proceeding: the Claimant files observations on the Respondent's request for production of documents on January 26, 2011

Burrlington Resources, Inc. v. Republic of Ecuador (ICSID Case No. ARB/08/5)

Status of Proceeding: the Tribunal issues a procedural order concerning the hearing on liability on January 28, 2011

ATA Construction, Industrial and Trading Company v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/08/2)

Annulment Proceeding Registered September 27, 2010.

Date of Constitution of Ad hoc Committee: December 08, 2010. Composition: Gilbert Guillaume, Juan Fernández-Armesto, Bernard Hanotiau

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

Annulment Proceeding Registered, January 21.

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

Status of Proceeding: the Claimant files a request for production of documents on January 25, 2010)

Urbaser S.A. and Consorcio de Aguas Bilbao Biskaia, Bilbao Biskaia Ur Partzuergoa v. Argentine Republic (ICSID Case No. ARB/07/26)

Status of Proceeding: the Claimants file a memorial on the merits on January 27, 2011

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

Annulment Proceeding Registered: January 28.

Railroad Development Corporation v. Republic of Guatemala (ICSID Case No. ARB/07/23)

Status of Proceeding: the Claimant files observations on the Respondent's request for production of documents of January 22, 2011 on January 27, 2011

Ron Fuchs v. Georgia (ICSID Case No. ARB/07/15)

Outcome of Proceeding: The ad hoc Committee issues a decision to terminate the stay of enforcement of the award on January 19, 2011.

Revision Proceeding Registered January 21. Status of Proceeding: Tribunal not yet reconstituted

RSM Production Corporation v. Central African Republic (ICSID Case No. ARB/07/2)

Status of Proceeding: the Claimant files a memorial on quantum on January 24, 2011

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

Status of Proceeding: the ad hoc Committee holds a first session in Paris on January 20, 2011

Quiborax S.A., Non-Metallic Minerals S.A. & Allan Fosk Kaplún v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2)

Status of Proceeding: the Respondent files a reply on jurisdiction on January 13, 2010

Ioannis Kardassopoulos v. Georgia (ICSID Case No. ARB/05/18)

Revision Proceeding Registered January 21. Status of Proceeding: Tribunal not yet reconstituted

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

Status of Proceeding: the Tribunal issues a procedural order concerning the Claimants' request for a site visit on January 20, 2011

Mobil Exploration and Development Inc. Suc. Argentina and Mobil Argentina S.A. v. Argentine Republic (ICSID Case No. ARB/04/16)

Status of Proceeding: the Tribunal decides on production of documents on January 14, 2011

AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16)

Status of Proceeding: Pending (following the resignation of an arbitrator, the Centre notifies the parties of a vacancy on the Tribunal; the proceeding is suspended on January 31, 2011

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

Status of Proceeding: Tribunal decides on provisional measures on February 1, 2011

Kilic Insaat Ithalat Ihracat Sanayi ve Ticaret Anonim Sirketi v. Turkmenistan (ICSID Case No. ARB/10/1)

Status of Proceeding: Tribunal holds a first session by telephone conference on January 31, 2011

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

Status of Proceeding: Claimant files a rejoinder on jurisdiction on January 31, 2010

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

Constitution of Ad hoc Committee February 01, 2011. Composition: Juan Fernández-Armesto, Jaime C. Irarrázabal, Eduardo Silva Romero

Railroad Development Corporation v. Republic of Guatemala (ICSID Case No. ARB/07/23)

Status of Proceeding: Tribunal issues a procedural order concerning production of documents on February 1, 2011

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

Status of Proceeding: ad hoc Committee issues a procedural order on the stay of enforcement of the award on January 31, 2011

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