issue #03, week 09. 01 March 2011
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

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

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This issue includes articles complementing the TDM 4 (2010) China special, various advocacy related materials, papers about Latin America, international (commercial) law, case comments and book reviews.

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NEWS

Energy Charter: Road Map for the Modernisation of the Energy Charter Process

http://www.encharter.org/

File: http://www.encharter.org/fileadmin/user_upload/document/Road_Map_ENG.pdf

As a result of the Strategy Group's work, the Energy Charter Conference at its meeting on 24 November 2010 adopted the Road Map for the Modernisation of the Energy Charter Process. The Road Map sets out specific tasks to be pursued in the medium term, in areas covering the expansion of the Energy Charter Treaty's geographical scope, transit and cross-border trade, emergency response, investment promotion and protection, energy efficiency, energy security and interdependence and the effectiveness of the Charter's institutions. Furthermore, as part of the modernisation process, the member states remain open to discuss initiatives coming from members, observers or interested states to improve international energy governance.

CIEL and IISD Efforts for Transparency in UN Arbitration Body

Feb 11, http://www.ciel.org/Tae/UNCITRAL_11Feb11.html

This week, the United Nations Commission on International Trade Law (UNCITRAL) resumes negotiations on including transparency and access to information in its rules for investor-State arbitrations at the United Nations headquarters in New York. CIEL, together with the International Institute for Sustainable Development (IISD), has spearheaded the efforts to include transparency, access to information and public participation in arbitrations brought by investors against States at UNCITRAL and elsewhere..

Originally developed more than three decades ago for use in private commercial disputes, UNCITRAL arbitration rules are now used around the world to resolve disputes involving not only private companies but national governments. In fact, UNCITRAL rules are now the second most commonly used rules in arbitrations where a State is a party. In light of this, CIEL's and IISD are working to raise awareness of the profound public interest in these rules, and the disputes resolved under them. These disputes often raise important public policy issues that can deeply affect decision-making on issues of national importance. Unfortunately, the existing rules stifle transparency, access to information and public participation. It is often impossible to even know whether an arbitration exists or what the outcome is. This secrecy undermines democratic values and thwarts both domestic freedom-of-information laws and the human right to access to information.

UNCITRAL's Working Group II, the group mandated to revise the arbitration rules, initially rebuffed calls by CIEL and IISD to introduce transparency requirements into investment arbitrations. But, in 2008, UNCITRAL's main body agreed that the arbitration rules should provide for transparency in investor-State arbitrations. More recently, CIEL has worked to raise the linkage between these negotiations and countries' obligations under international human rights law. As the Working Group resumes discussions on transparency in February 2011, stiff opposition is expected, in part because so many of the negotiators are members of the private arbitration bar that is benefited by the current secretive rules.

Op-ed: Canada holds a losing hand in the arbitration game

Feb 21, http://www.theglobeandmail.com/report-on-business/commentary/barrie-mckenna/canada-holds-a-losing-hand-in-the-arbitration-game/article1914984/

The London Court of International Arbitration. The name alone evokes images of judges in black gowns and horsehair wigs – dour and beyond reproach. Not quite. The LCIA isn’t a court at all. It’s a corporation. At times, it seems more like a private club. The LCIA is overseen by a not-for-profit company, headed by a well-connected American law professor – William “Rusty” Park of Boston University – and run by a board composed mainly of European arbitration lawyers. The court rents out its services to companies and governments around the world.

...

A better long-term strategy would be to push for an international investment court, answerable to governments and their citizens, not to the gatekeepers who run the arbitration system.

Op-ed: Goodbye and Good Riddance - Why the WTO could soon be obsolete.

Feb 20, http://www.newsweek.com/2011/02/20/goodbye-and-good-riddance.html

Representatives of 153 nations and regions will meet in Geneva this week to try and salvage one of the longest and most laborious trade negotiations in modern times. For almost a decade, the World Trade Organization has been trying to lower trade barriers for thousands of goods and services, and now a self-imposed deadline is looming at the end of this year. But whether the WTO succeeds or not will make little difference to most people; indeed, trade negotiations would actually go much further if the WTO simply closed down its talks altogether.

ICC arbitration reaches new horizons

February 2011, http://www.iccwbo.org/court/arbitration/index.html?id=41190

Never before have so many parties from so many countries opted for ICC arbitration. This is one of the revelations of the 2010 statistics newly released by the International Court of Arbitration. They also show a record number of awards rendered during the year, the result of an expanding caseload and effective case administration.

Facts and Figures on ICC Arbitration - 2010 Statistical Report

- 793 Requests for Arbitration were filed with the ICC Court; - Those Requests concerned 2,145 parties from 140 countries and independent territories; - In 10% of cases at least one of the parties was a State or parastatal entity; - The place of arbitration was located in 53 countries throughout the world; - Arbitrators of 73 nationalities were appointed or confirmed under the ICC Rules; - The amount in dispute was under one million US dollars in 24.1% of new cases; - 478 awards were rendered.

IFCAI survey: Are awards complied with?

Feb 25, http://www.sccinstitute.com/?id=23696&newsid=39150

IFCAI, the International Federation of Commercial Arbitration Institutions, is undertaking a study on the enforcement of international arbitral awards, in collaboration with its members.

The purpose of the research is to gain a better understanding on the ultimate efficiency of international arbitration. Counsels involved in awards rendered in 2008 under the respective rules, will be asked to fill in a survey. The survey closes on 1 April 2011. The results will be made public in due course.

IFCAI members are, among others; AAA, CIETAC, CRCICA, DIS, ICAC, ICC, LCIA and Milan.

Bahamas: Bluewater Issues Threat

Feb 28, http://nassauguardian.net/BLUEWATER-ISSUES-THREAT

Last year the government agreed to pay Bluewater $1.9 million to settle a multi-million- dollar arbitration claim that alleged the Ingraham administration violated the deal the investment company reached with the previous administration to buy 49 percent of BTC. Bluewater is demanding that the government immediately cease and desist from making or publishing any “further defamatory statements” about Bluewater and/or its principals, and take all steps necessary to correct the “prior defamatory statements” that have already been made by or on behalf of the government.

Bangladesh Govt to claim Tk 7.64b compensation from Niko

Feb 12, http://www.thefinancialexpress-bd.com/more.php?news_id=125946&date=2011-02-12

Bangladesh will claim Tk 7.64 billion as compensation from Canadian company Niko Plc at an arbitration tribunal constituted to settle the dispute over two gas blowouts at Tangratila in Sunamganj district in 2005. ... In July last year Niko went to the International Centre for Settlement of Investment Dispute (ICSID) for arbitration of disputes with Petrobangla. The Washington-based court took up the issue and formed the arbitration tribunal appointing a German national as its president. "Petrobangla appointed Advocate Tawfiq Newaz and one of his junior associates as solicitor for this arbitration, and also proposed the name of a national of Netherlands as an arbitrator", a senior official of Petrobangla told BSS.

Bangladesh lodges claim with UN

Feb 27, http://www.thefinancialexpress-bd.com/more.php?news_id=127434&date=2011-02-27

Bangladesh finally submitted its claim over the extended continental shelf in the Bay of Bengal with the United Nations in New York Friday to establish its legitimate rights, the foreign ministry said Saturday. Foreign Minister Dr Dipu Moni officially lodged the country's claim, which ranges from 400 460 nautical miles in the sea bed of the Bay of Bengal. She presented the claim to the Division of Ocean Affairs and Law of the Sea well ahead of the claim submission deadline of July 26, 2011.

Bermuda: Nordic American Tanker update on Nordic Galaxy arbitration

Feb 14, http://www.nat.bm/IR/press_releases/1488489.html

As reported earlier, the Company did not take delivery of a newbuilding (Nordic Galaxy) in August 2010 as it was not in a deliverable condition. This vessel will not join our fleet. We have debited the profit & loss account by a one-time charge of $1.5m related to direct costs of this newbuilding. We will claim this amount from the seller of the vessel as one component in the arbitration process. The parent company (First Olsen Ltd.) of the seller has not repaid an amount under an on demand guarantee that the parent company of the seller has provided in favour of our Company. The guarantee covers a loan our Company has extended to the seller. This amount of $26.8m is included in current assets pending the outcome of the arbitration.

Botswana: CIC Energy Receives Notice Of Arbitration From GCL Botswana Regarding Mookane Domestic Power Project

Feb 24, http://www.cicenergycorp.com/investor_relations/news_releases/index.php?&content_id=197

CIC Energy Corp. announces that today it received a letter advising the Company that GCL Botswana Limited has filed a notice of arbitration with the Hong Kong International Arbitration Center under the shareholders' agreement respecting the Mookane Domestic Power Project.

GCL Botswana has alleged that CIC Energy's subsidiary, CIC International (Barbados) Corp. ("CIC International") has a contractual obligation under the shareholders' agreement to agree with GCL Botswana the terms of a power purchase agreement and a coal supply agreement. Having consulted with legal counsel, the Company believes that this claim is without merit.

GCL Botswana also requested that CIC International provide written confirmation that CIC International will agree a power purchase agreement and a coal supply agreement.

Having consulted with legal counsel, CIC International refused to provide such confirmation on the basis that there is no provision in the shareholders' agreement that obligates either GCL Botswana or CIC International to agree the terms of a power purchase agreement or a coal supply agreement with which such party is not satisfied and that if such an obligation did exist, it would not be enforceable as a matter of law.

The agreement between CIC Energy and JSW Energy Limited ("JSW") provides that it is a condition of the completion of the acquisition of CIC Energy by JSW that CIC Energy shall have delivered documentation satisfactory to JSW demonstrating that there are no outstanding liabilities or obligations arising out of or in connection with the shareholders' agreement. CIC Energy is in discussions with GCL Botswana with a view to resolving this dispute.

As CIC Energy has not had sufficient time to discuss this matter with JSW, CIC Energy cannot, at this time, provide any advice to shareholders as to the impact thereof upon the closing of the proposed acquisition, or the timing of the closing of such acquisition. CIC Energy had previously stated that the proposed acquisition was expected to close no later than Monday February 28, 2011.

Canada heeds softwood lumber ruling

Feb 11, http://www.canada.com/business/Canada+heeds+softwood+lumber+ruling/4268953/story.html

Canada will increase export charges on softwood lumber to the United States, the government said Friday after an arbitration court ruled it had wrongly subsidized lumber exports.

See also "Statement by Minister Van Loan on Softwood Lumber Ruling" Feb 11, http://www.international.gc.ca/media_commerce/comm/news-communiques/2011/062.aspx?lang=eng

Te Honourable Peter Van Loan, Minister of International Trade, today issued the following statement regarding Canada's response to a softwood lumber ruling by the London Court of International Arbitration on programs administered by Ontario and Quebec:

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

"However, the tribunal's decision demonstrates that loan guarantee programs that specifically benefit the softwood lumber industry contravene the Softwood Lumber Agreement. This is why the federal government chose instead to foster research, innovation and the development of new markets, as well as aid for workers and communities.

"The tribunal ruled that additional export charges of 0.1 percent and 2.6 percent for Ontario and Quebec respectively would bring Canada into compliance with the Softwood Lumber Agreement. The provinces and industry have called on the Government of Canada to comply promptly with this ruling.

"After carefully reviewing the ruling, the government will complete the necessary steps in Parliament to implement these additional charges as of March 1, 2011.

"Under the provisions of the Softwood Lumber Agreement, charges collected will be returned to the provinces.

"Canada remains committed to the Softwood Lumber Agreement. The Agreement has brought much-needed stability and predictability to the lumber industry and returned over $5 billion to Canadian exporters when they needed it most. Before 2006, endless disputes resulted in unilateral U.S. action that unduly and unjustifiably punished the Canadian forestry industry."

Canada to Review Encana, PetroChina Agreement, Clement Says

Feb 11, http://www.bloomberg.com/news/2011-02-11/canada-will-review-encana-petrochina-agreement-industry-minister-says.html

The investment is subject to a review under the Investment Canada Act, Industry Minister Tony Clement said in a statement today.

See also http://www.encana.com/news/newsreleases/2011/0209-petrochina-jointventure.html

Canada-EU trade deal threatened by oilsands dispute

Feb 21, http://www.vancouversun.com/business/Canada+trade+deal+threatened+oilsands+dispute/4320495/story.html

Canada has threatened to scrap a trade deal with the European Union if the EU persists with plans that would block imports of Canada's highly polluting tar sands, according to EU documents and sources.

Canada-US: Arbitration ruling on Canadian softwood lumber posted [pdf]

http://www.international.gc.ca/controls-controles/assets/pdfs/softwood/ruling-London_Court_pub_ver-decision.pdf

Canada: Adroit Resources: Expropriation Claim Update

Feb 15, http://www.marketwire.com/press-release/Drilling-Progress-on-Adroit-Resources-Incs-Red-Vein-Volcanogenic-Massive-Sulphide-VMS-TSX-VENTURE-ADT-1396516.htm

The Company advises that the Supreme Court of Canada announced on February 10, 2011 that it would not grant the Company's request for leave to appeal the decision of the BC Court of Appeal in relation to the compensation proceedings brought by the Company concerning the expropriation of the Company's Amber Claims in British Columbia in 1995. Aside from addressing matters of costs, which the Company anticipates will result in a net payment in its favor from the government, this brings to a conclusion the litigation that the Company has been involved in with the BC government concerning its taking of the Company's Amber Claims for parkland.

Canada: TransAlta issues notice of termination for Sundance 1 and 2 Power Purchase Arrangement

Feb 8, http://www.transalta.com/newsroom/news-releases/2011-02-08/transalta-issues-notice-termination-sundance-1-and-2-power-purchas

TransAlta Corporation today issued notice of termination for destruction on its Sundance 1 and 2 coal-fired generation units under the terms of the Sundance A Power Purchase Arrangement (PPA). After extensive physical inspection of the boilers in the units and review of the terms and conditions of the PPA, TransAlta has determined that the units cannot be economically restored to service.

TransAlta expects to recover the net book value prescribed in the PPA and does not expect any material financial impact. TransAlta remains committed to continuing to work with the PPA Buyer and the Balancing Pool under the processes established within the PPA.

TransAlta took Sundance 1 and 2 units out of service in mid-December 2010 due to testing that indicated boiler tube conditions were no longer at design limits. Comparable boiler conditions have not been observed at TransAlta’s other coal-generation units. TransAlta subsequently notified the PPA Buyer and the Balancing Pool on January 4, 2011 of a force majeure event.

Sundance 1 and 2 comprised 560 megawatts (MW) of the 2,126 MW Sundance power plant, which has six individual units and serves as a baseload facility for the Alberta electricity system. Sundance is located about 70 kilometres west of Edmonton and is the largest power plant in Alberta, and the largest coal plant in Western Canada.

Canada: TransCanada Responds to Notice Seeking Termination of Sundance 1 and 2 Power Purchase Arrangement

Feb 9, http://www.transcanada.com/5642.html

TransCanada Corporation today announced that it has received from TransAlta Corporation (TransAlta) notice under the Sundance A Power Purchase Arrangement (PPA) that TransAlta has determined that the Sundance 1 and 2 generating units cannot be economically repaired, replaced, rebuilt, or restored and that TransAlta therefore seeks to terminate the PPA in respect of those units. TransCanada has not received any information that would validate TransAlta's determination that the units cannot be economically restored to service.

TransCanada has 10 business days from the date of TransAlta's notice to either agree with or dispute TransAlta's determination that the Sundance 1 and 2 generating units cannot be economically repaired, replaced, rebuilt or restored. TransCanada will assess any information provided by TransAlta during this 10 day period. If TransCanada disputes TransAlta's determination, the issue will be resolved using the dispute resolution procedure under the terms of the PPA.

In December 2010, the Sundance 1 and 2 generating units were withdrawn from service for testing. In January 2011, these same units were subject to a force majeure claim by TransAlta under the PPA. To date, TransCanada has received insufficient information to make an assessment of TransAlta's force majeure claim.

Czech government wants to scrap US investment treaty

Feb 16, http://www.ceskapozice.cz/en/news/foreign-affairs/czech-government-wants-scrap-us-investment-treaty

The Czech government in early January postponed plans to renegotiate or scrap a bilateral treaty with the US on the support and protection of investments. It transpires that diplomatic courtesy is behind the delay: Czech Foreign Minister Karel Schwarzenberg (TOP 09) did not want the issue to be the first item on the agenda for the new US ambassador Norman Eisen.

Czech Republic: Capital Partners to file law suit against CNB

Feb 7, http://www.ceskapozice.cz/en/business/markets-finance/capital-partners-file-law-suit-against-cnb

Capital Partners is seeking arbitration against Hungary and is also preparing to take legal action against the Czech Republic, namely the CNB. The national bank intends to defend its actions against the brokerage and insists it acted "in accordance with the law and its legal tasks in the area of financial market supervision."

Czech Republic: State involved in 14 arbitration suits over CZK 24bn, finance ministry says

Feb 20, http://praguemonitor.com/2011/02/21/state-involved-14-arbitration-suits-over-czk-24bn-finance-ministry-says

CTK - The Czech state is involved in 14 arbitration suits based on investment protection agreements, with five disputes currently under way, and damages claims are worth around Kc24bn, according to data made available to CTK by the Finance Ministry.

Ecuador - Amazon pollution: Chevron hits back in row with Ecuador

Feb 15, http://www.bbc.co.uk/news/world-latin-america-12464063

US oil giant Chevron says it will appeal against an $8.6bn (£5.3bn) fine imposed by Ecuador judges, carrying on a long-running row over pollution.

Ecuador - Lawyers: No plan yet to go after Chevron money

Feb 15, http://www.kcautv.com/Global/story.asp?S=14036764

AP - Lawyers for Ecuadoreans who won a $9.5 billion judgment against Chevron Corp. for decades-old damage to the country's rain forest said Tuesday they won't try to collect the award until the oil giant completes the appeals process.

Ecuador Supports Transparency in International Arbitration

Feb 10, http://www.pge.gov.ec/deplegarItem.do?itemid=841

[GOOGLE TRANSLATION] As part of the regular meeting of the Working Group N. II Conciliation and Arbitration of the United Nations Commission on International Trade Law, UNCITRAL, which is held at the United Nations, New York, Ecuador presents his vision for transparency rules to be applicable in any arbitration initiated between investors and states.

Ecuador: An Arbitral Tribunal, Constituted Under the Arbitration Rules of the United Nations Commission on International Trade Law (Uncitral), Ordered the Adoption of Provisional Measures

Feb 11, http://www.pge.gov.ec/deplegarItem.do?itemid=844

FOR IMMEDIATE RELEASE - Quito, February 11 2011 CS/006 - On February 9, 2011, in the last arbitration proceeding initiated (in September, 2009) by the companies Chevron Corporation and Texaco Petroleum Company (Chevron) against the Republic of Ecuador, an arbitration tribunal issued a new order of provisional measures.

In this order the Court asked Ecuador to "take all measures at its disposal to suspend or cause to be suspended any measure for recognition or enforcement in or out of Ecuador against Chevron." This order is related to the case known as Lago Agrio case, in which a group of communities in the Ecuadorian Amazon Region filed an environmental claim 18 years ago (first before the U.S. courts and later it was transferred to the courts of Ecuador at the request of Chevron) with the purpose to get a judgment against the company for alleged environmental damage and impact on the health of the citizens of the Amazon region, allegedly caused after 30 years of its operation in the Amazon region of Ecuador.

This order requests from Ecuador to take measures that are already recognized by Ecuadorian law, i.e., that no first-instance judgment that is on appeal and therefore has not been enforced, can be recognized or enforced in Ecuador or abroad.

The Attorney General of Ecuador stated that "Ecuador is analyzing, with its local and international lawyers in charge of representing the State, all legal and appropriate measures than can be taken to comply with the order from the Tribunal. Ecuador, despite the fact that it does not agree with the provisional measures ordered by the arbitral tribunal, which unnecessarily interfere in our administration of justice, is a sovereign country that recognizes its obligations under international law, and also is very aware of those obligations that Ecuadorian authorities have under the domestic law, which should be equally respected".

The Attorney General also pointed out in his statement that "the Tribunal makes clear in its ruling that this order does not affect at all the jurisdictional objections filed by Ecuador, which still are awaiting a decision by the Tribunal. Nor imply any statement about the allegations on the merits. Yet, there is still no court ruling of the judge hearing the Lago Agrio case, and the eyes of the national and international community are looking at that case, which we all hope that whatever the judgment is, to be in compliance with the law and based on the facts of the case."

Ecuador: Chevron given temporary protection in Ecuador suit

Feb 9, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/02/08/BU0E1HK1HD.DTL

Judge Lewis Kaplan, with the U.S. District Court for the Southern District of New York, issued the ruling even though no verdict has been rendered in the 18-year-old Ecuadoran suit, which seeks to hold Chevron responsible for polluting a swath of the Amazon rain forest. Nor is a verdict likely in the next few weeks. The plaintiffs suing San Ramon's Chevron are still filing their closing arguments.

Ecuador: Chevron pays (US$8 billion) for pulluting Amazon

Feb 14, http://www.salon.com/news/env/environment/?story=/news/feature/2011/02/14/chevron_ecuador_lawsuit_rain_forest

After 17 years of courtroom battling, oil conglomerate to pay $8 billion towards damages affecting 30,000 locals. An Ecuadorean judge ruled Monday that Chevron Corp. was responsible for oil contamination in a wide swath of Ecuador's northern jungle. The plaintiffs' attorney says the company was fined $8 billion.

Ecuador: PROCURADOR GARCÍA: "The tribunal makes it clear that this order does not imply any statement on allegations of fund"

Feb 11, http://www.pge.gov.ec/deplegarItem.do?itemid=845

Ante la orden de medidas provisionales dictada por un Tribunal Arbitral bajo reglas UNCITRAL/CNUDMI, en el caso Chevron

PROCURADOR GARCÍA: "The tribunal makes it clear that this order does not imply any statement on allegations of fund"

Quito, febrero 11 de 2011, CS/007 - "El Tribunal deja en claro en su decisión que esta orden no afecta en nada a las objeciones jurisdiccionales que ha presentado el Ecuador y que aun se encuentran pendientes de una decisión por parte del Tribunal. Tampoco implican ningún pronunciamiento sobre las alegaciones sobre el fondo del caso. Todavía no existe una sentencia del Juez que conoce el caso de Lago Agrio, y los ojos de la comunidad nacional e internacional se encuentran pendientes de ese caso, cuya sentencia, en cualquier sentido que se adopte, todos esperamos sea apegada a derecho y se fundamente en los hechos del caso", declaró el Procurador General del Estado, doctor Diego García, en referencia a la reciente orden dada por un Tribunal Arbitral para que el Ecuador adopte medidas provisionales en el caso Chevron.

El Procurador restó importancia práctica a la decisión adoptada por el Tribunal, considerando que las medidas ordenadas por el Tribunal Arbitral ya se encuentran reconocidas por el Derecho Ecuatoriano, esto es, que ninguna sentencia de primera instancia, que puede ser apelada por las partes y que por tanto no se ejecutoría mientras se sustancia un recurso de apelación, pueda ser ejecutada en el Ecuador o en el exterior.

El 9 de febrero de 2011, dentro del arbitraje iniciado en septiembre de 2009, por Chevron en contra del Ecuador, un tribunal de arbitraje emitió una nueva orden de medidas provisionales: el Tribunal solicita al Ecuador que "adopte todas las medidas a su disposición para suspender o hacer que se suspenda cualquier medida de reconocimiento o ejecución en o fuera de Ecuador, en contra de Chevron."

Al respecto, el Procurador Diego García indicó: "El Ecuador, si bien no está de acuerdo con las medidas provisionales que ha adoptado el tribunal arbitral, las que interfieren innecesariamente en nuestra administración de justicia, es un país soberano que reconoce sus obligaciones bajo el Derecho Internacional, pero también tiene muy presente aquellas obligaciones que tienen las autoridades ecuatorianos bajo el derecho interno, que debe ser igualmente respetado".

Las medidas provisionales requeridas por el Tribunal Arbitral están relacionadas al proceso judicial conocido como el caso Lago Agrio.

France: Launching of International Academy for Arbitration Law in Paris

Feb 21, http://www.arbitrationacademy.org/

In response to the increasing demand for specialized courses in international arbitration, an International Academy for Arbitration Law will be launched in Paris in July 2011.

Interested students and young practitioners are invited to apply to the Academy by April 30, 2011. The Application Form and the complete Program can be viewed on the Academy's Website at www.arbitrationacademy.org.

Georgia: Israeli Bribery Case Puts Spotlight on Court System

Feb 11, http://www.eurasianet.org/node/62879

Repeatedly ranked as one of the world's top economic reformers, Georgia is accustomed to accolades for its pro-business attitude. But the trial of two Israeli businessmen on bribery charges is stoking fresh concerns about the impartiality of Georgian courts, at least in cases that pit the government against foreign investors.

India's payments dispute with Iran over oil

Feb 8, http://in.reuters.com/article/2011/02/08/idINIndia-54741120110208

A proposed solution to the dispute between India and Iran over oil payments raises new questions as India seeks to use a European bank that is subject to U.S. sanctions to facilitate the $12 billion-a-year trade.

India, Malaysia sign CECA to promote foreign investments

Feb 18, http://www.sify.com/news/india-malaysia-sign-ceca-to-promote-foreign-investments-news-international-lcsv4fhfaef.html

Commerce and Industry Minister Anand Sharma and his Malaysian counterpart Mustapa Mohamed today signed the India-Malaysia Comprehensive Economic Cooperation Agreement (CECA) to promote foreign investments at Putrajaya in Kuala Lumpur. The agreement will come into effect on July 1, 2011 and the first review will be held within a year of coming into force

India-US: Mahindra announces dismissal of all U. S. litigation filed against it by Global Vehicles

Feb 14, http://www.mahindra.com/mahindra/press-releases.page?cname=news&dname=news&prid=1297684971

Mahindra & Mahindra Ltd., a leading automobile manufacturer based in Mumbai, India, is pleased to report that all U.S. litigation filed against it by Global Vehicles, U.S.A. (“Global Vehicles”) has been dismissed.

On January 13, 2011, an arbitral tribunal in London issued an Award confirming that the tribunal has exclusive jurisdiction to resolve all disputes relating to Mahindra and Global Vehicles’ relationship, and it has directed Global Vehicles to stop all current litigation & not file any further litigation against Mahindra relating to the parties’ current dispute.

As a result, GV filed for dismissal of the suit it filed against Mahindra in June 2010 in the Georgia Federal Court. Earlier, an administrative action filed by GV against Mahindra in Georgia was dismissed. With these developments, GV has failed in its attempts to involve Mahindra in multiple litigations before courts and administrative agencies in the US.

Mahindra continues to believe Global Vehicles’ claims in the arbitration are groundless and looks forward to presenting its defenses in the arbitration in London later this year.

India: Cairn deal conditions won't stand court scrutiny, say lawyers

Feb 5, http://www.business-standard.com/india/news/cairn-deal-conditions-won%5Ct-stand-court-scrutiny-say-lawyers/424144/

One of the crucial files on the table of Murli Deora before he moved out of the petroleum ministry on January 19 was on the $10-billion Cairn-Vedanta deal. The companies had been awaiting clearance from the government ever since Deora, now in the corporate affairs ministry, forced Cairn Plc to apply for the approval. The requirement approval arose in the wake of Cairn Plc's plan, unveiled in August 2010, to sell its stake in Cairn India to the Anil Agarwal-controlled Vedanta group.

India: Cairn-Vedanta: Cameron steps in

Feb 18, http://blogs.ft.com/beyond-brics/2011/02/18/cairn-vedanta-cameron-steps-in/

The British prime minister has intervened in a bid to break the deadlock threatening Cairn Energy's $9.6bn sale of its stake in Indian oilfields, a deal that is becoming a test of India's receptiveness to foreign investment.

The FT[1] is reporting that David Cameron, the prime minister, wrote a letter earlier this week to Manmohan Singh, his Indian counterpart, emphasising the importance of the deal to British investment in India and appealing to Singh to see that Cairn's sale of the oilfields to Vedanta is given the go-ahead as soon as possible

[1] http://www.ft.com/cms/s/0/38ab0a52-3b66-11e0-9970-00144feabdc0.html#axzz1DvfkxOx8

India: CCEA to decide upon royalty payment dispute between Cairn and ONGC

Feb 16, http://money.oneindia.in/news/2011/02/16/ccea-decide-royalty-payment-dispute-cair.html

Union petroleum minister, S Jaipal Reddy said on Tuesday that Cabinet committee on economic affairs (CCEA) will decide upon the Vedanta Resources Plc.'s proposed acquisition of a majority stake in Cairn India Ltd which has been pending till date due to the royalty payment dispute between Oil and Natural Gas Corporation (ONGC) and Cairn.

India: Ficci to help resolve disputes

Feb 19, http://thestatesman.net/index.php?option=com_content&view=article&id=359690&catid=40

With thousands of crores of rupees locked up in commercial disputes, the Federation of Indian Chambers of Commerce and Industry (Ficci) has teamed up with the Delhi Dispute Resolution Society (DDRS), to create awareness among corporations so that they opt for mediation, not litigation, for speedy resolution of disputes

India: High courts to get special wings for commercial disputes

Feb 6, http://www.legalindia.in/high-courts-to-get-special-wings-for-commercial-disputes

The proposed commercial divisions of high courts will help resolve commercial disputes speedily, Law Minister M. Veerappa Moily said Sunday.

India: Oil ministry sets tough conditions to clear Cairn deal

Feb 24, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/oil-ministry-sets-tough-conditions-to-clear-cairn-deal/articleshow/7564117.cms

In a note to the Cabinet, the oil ministry has said Cairn India must share the royalty burden for its Rajasthan block with ONGC if it wants the government to clear the proposed $9.6 billion takeover of Cairn India by Anil Agarwal's Vedanta Resources Ltd.

In a draft cabinet note dated February 21st sent to the Cabinet Committee on Economic Affairs, the oil ministry is firm on its stand that both Vedanta and Cairn need to agree to share royalty in the Rajasthan block, or else government will explore legal options in the future. The Cabinet is expected to take the final call on the Cairn, Vedanta deal in its next meeting.

India: Oilmin sets Ravva profit sharing as rider to Cairn-Vedanta deal

Feb 5, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/oilmin-sets-ravva-profit-sharing-as-rider-to-cairn-vedanta-deal/articleshow/7429488.cms

The oil ministry will ask Cairn India to accept its position in a lawsuit over sharing of profits in Cairn-operated Ravva oil and gas fields as a precondition to approve the $9.6-billion Cairn-Vedanta deal.

India: Reliance Hires Advisers to Discuss Chevron-Atlas Concerns

Feb 3, http://online.wsj.com/article/SB10001424052748703652104576122380553773972.html

India's Reliance Industries Ltd. has hired financial and legal advisors to discuss concerns about the proposed $3.2 billion acquisition of U.S. natural gas producer Atlas Energy Inc. by oil giant Chevron Corp.

Iran: Crescent awaits arbitration on Iran gas project

Feb 18, http://www.steelguru.com/middle_east_news/Crescent_awaits_arbitration_on_Iran_gas_project_-_Report/191583.html

Dow Jones - UAE's privately owned Crescent Petroleum Company is awaiting the outcome of an international arbitration over a disagreement with an Iranian company regarding a project to transport natural gas from Iran to the United Arab Emirates.

Iraq Drafting International Arbitration Law

Feb 25, http://www.rferl.org/content/iraq_arbitration/2320391.html

Iraq is drafting an arbitration law as a step toward accession to an international convention on recognition and enforcement of arbitration awards, RFE/RL's Radio Free Iraq (RFI) reports.

Abdel Sattar al-Beriqdar, a spokesman for Iraq's High Judicial Council, told RFI that Iraq is keen to join the 1958 New York Convention on international arbitration.

He said the country's first commercial arbitration court has been established in Baghdad to settle trade disputes involving non-Iraqi business partners, and similar courts are planned for other provinces that have foreign investment potential, such as Basra and Ninevah.

... "this new arbitration law that Iraq is considering will be a very big surprise to the rest of the world -- of how modern it is, while enacting the New York Convention after that will be the most important single step Iraq could take to welcome international trade and investment."

Iraq: Babil investment committee complains of failure to activate investment law

Feb 21, http://www.zawya.com/story.cfm/sidZAWYA20110222075424

The Vice chairman of the Babil Investment Committee complained on Monday that Iraq's investment law has been "paralyzed" by the state's failure to implement it effectively in ministries and government departments.

Jordan: New law to restrict incentives to 'added-value investments' - minister

Feb 18, http://www.jordantimes.com/?news=34636

AMMAN – Industry and Trade Minister Hani Mulki on Thursday said that the ministry plans to enact a new investment law that grants incentives to only added-value investments that employ Jordanians and use local raw materials.

Kenya - Rwanda: Second Telecom Operator May Lose Licence

Feb 28, http://allafrica.com/stories/201102280684.html

...

Rwandatel has also been sued by MTN Rwanda over an accumulated interconnection fee estimated at $3m.

Sources familiar with the case say both companies are currently seeking an arbitrator after the case could not be handled by Rwanda's commercial court.

Korea: Yongin Rapid Transit Co. files a lawsuit in Paris against the Yongin city government

Feb 23, http://joongangdaily.joins.com/article/view.asp?aid=2932604

Yongin Rapid Transit Co. has filed a lawsuit in an international court (Paris) against the Yongin city government over the delay of a rapid transit system that would connect the city with the Bundang line in the west.

Kuwait: Announcement regarding a court judgment

Feb 7, http://www.investegate.co.uk/article.aspx?id=201102071348548043A

Global Investment House ("Global" or the "Company") announced today that the Kuwaiti Court of Appeal, issued its decision in favor of Global on its appeal in the matter relating to a litigation with "Madinat Al Kuwait Holding Company".

On 1 April 2010 the Kuwaiti Commercial Arbitration Centre awarded Global an amount of Kuwaiti Dinars 11,575,175/- (Kuwaiti Dinars eleven million, five hundred seventy five thousand and one hundred seventy five only) in addition to KD400,000/- (Kuwaiti Dinars four hundred thousand only) as compensation due and payable by Madinat Al Kuwait Holding Company to Global ("the Award").

On 2nd November 2010 Kuwaiti Courts of First Instance, being the preliminary courts in the State of Kuwait, revoked and put aside "the Award".

Global appealed the Kuwaiti Courts of First Instance decision. The Court of Appeals issued its Decision No. 3630/2010 revoking the Kuwaiti Courts of First Instance decision and rejected the Madinat Al Kuwait Holding Company case.

Global is pleased with the outcome of the Kuwaiti Courts of Appeals decision. The Financial impact of this decision on the Company can be determined only upon the execution of the honorable Court's order and recovery of the Award due from "Madinat Al Kuwait Holding Company".

Liberia: Diamond Fields Initiates US Action Against Liberia on DFI Gold Property

Feb 9, http://www.diamondfields.com/s/NewsReleases.asp?ReportID=441828&_Type=News-Releases&_Title=Diamond-Fields-Initiates-US-Action-Against-Liberia-on-DFI-Gold-Property

Diamond Fields International Ltd. announces that it is proceeding with arbitration against the Government of Liberia ("GOL") alleging it wrongfully terminated the license on the Company's Henry Town gold project. Proceedings are being brought before the International Center for Settlement of Investment Disputes in Washington D.C., per the license agreement.

The Company undertook an exploration program for gold in the license area and a group 1,500 soil samples were analyzed by Alex Stewart Assayers, a NI43-101 compliant laboratory. An initial appraisal of the results indicated significant gold mineralization within discrete zones of quartz veining.

DFI is seeking reinstatement of the license or conversion to a Mineral Development Agreement, and monetary damages.

Malaysia: Carrefour wins appeal

Feb 8, http://www.btimes.com.my/articles/c4win-2/Article/

Carrefour Malaysia seems to have full control of its business here following the Court of Appeal's ruling to overturn an injunction granted to its Malaysian minority shareholder. The judgment enables Carrefour to execute the transfer of shares from its 30 per cent Bumiputera partner Hartajaya Harmoni Sdn Bhd. Hartajaya, however, plans to appeal against the decision.

Arief Emran Arifin ... "In the meantime, we have actually filed a stay of the (oppression suit) case pending arbitration. We want it to be arbitrated instead of having to go before the courts," Emran said.

Mali Strengthens Alternative Dispute Resolution - Businesses benefit from contract enforcement mechanism [doc]

Feb 17, http://www.icfafrica.org/downloads/Mali_%20ADR_Press%20Release_14%20Feb%202011.%20FINAL%20doc.doc

The Investment Climate Facility for Africa (ICF) has today announced the completion of the Alternative Dispute Resolution project in Mali.

The project, carried out in partnership with the Centre de Conciliation et d'Arbitrage du Mali (CECAM), strengthened Mali's Alternative Dispute Resolution (ADR) system by improving the legal framework, streamlining procedures and training arbitrators, resulting in faster settlement of claims, reduced legal fees and strengthening arbitration as a mechanism to resolve disputes.

The project, which commenced in 2008, has reduced the number of days to enforce a contract from 860 to 180 days, the length of time taken to file judgements from 345 days to 180 days and ensuring judgements are enforced in 30 days as opposed to 515 days.

The project has delivered specialised training to a total of 120 magistrates and arbitrators. New arbitration regulations have been established and awareness of arbitration as a dispute resolution mechanism within the business community has improved. Eleven new arbitration cases have been received by CECAM since the project's inception, compared to just two cases received between 2005 and 2008, a significant indicator of increased confidence in its capabilities.

Coumba DIARRA, Director, of CECAM said: "We are very proud of the improvements we have brought about to the Malian arbitration system, which is now clearer, faster and cheaper for our business community and outside investors. We would like to thank ICF for their valuable support to this project. ICF's experience and fast, results-orientated approach were the reason we chose to partner with. Now the system is transparent and efficient meaning we are now more capable of protecting investors' legal rights. The changes have been beneficial to businesses and to Mali."

Omari Issa, Chief Executive Officer of ICF explains: "A country's ability to enforce contracts is an important determinant of its competitiveness in the global economy. A swift and affordable judicial system is necessary to create an environment in which investors and businesses can thrive. We hope that, as a result of Mali being able to handle arbitration cases swiftly and transaparently, investor confidence in the business environment of Mali will increase. "

The project supports OHADA (Organisation for the Harmonisation of Business Law in Africa) in its bid to introduce ADRs in 17 francophone African countries, as a complementary mechanism to commercial judiciaries. ICF is also supporting improvements in the judiciary systems in Burkina Faso, Mauritius, Tanzania, Rwanda and Zambia. The Malian government is also working with ICF on a tax dispute modernisation project.

For more information on ICF, or to find out how you can get involved, please visit www.icfafrica.org

Mongolia: Khan Resources Inc - Second Arbitrator Appointed in International Arbitration Action

Feb 22, http://www.khanresources.com/investors/news/110222.pdf

Khan Resources Inc. announced today that the Government of Mongolia has now appointed its arbitrator for the international arbitration proceeding commenced in January, 2011. The two appointed arbitrators will now select a third arbitrator to preside over the arbitration tribunal. This procedure is expected to take upwards of 30 to 45 days.

As announced on January 10, 2011, Khan formally commenced an international arbitration action against the Government of Mongolia for its expropriatory and unlawful treatment of Khan in relation to the Dornod uranium deposit located in northeastern Mongolia. The claim seeks over $200 million in compensation for losses and damages.

Norway: Altimo offers quick legal fix to Vimpelcom dispute

feb 11, http://www.reuters.com/article/2011/02/10/altimo-telenor-idUSLDE7191SK20110210

Reuters - Altimo offers expedited arbitration with award by March 7; Telenor says no objections to doing arbitration quickly; Says to continue to pursue arbitration, injunction request

Norway: Telenor Seeks Injunction to Protect its Pre-emptive Rights in the Wind Telecom Transaction

Feb 7, http://www.telenor.com/en/news-and-media/press-releases/2011/telenor-seeks-injunction-to-protect-its-pre-emptive-rights-in-the-wind-telecom-transaction

Telenor has petitioned the Commercial Court in London, England for interim injunctive relief in support of Telenor's arbitration action against VimpelCom Ltd., Altimo Holdings & Investments Ltd. and Altimo Cooperatief U.A. Telenor commenced its arbitration on 28 January to protect its pre-emptive rights in the context of VimpelCom's proposed acquisition of Wind Telecom S.p.A.

Telenor is seeking an injunction that will require VimpelCom to issue to Telenor its pre-emptive rights shares at the same time that VimpelCom issues shares to the Wind Telecom shareholders if the proposed Wind Telecom acquisition is completed. Telenor has proposed that its shares be placed in escrow until the arbitration tribunal has reached a decision, on the condition that Telenor will pay the full purchase price for its shares to the escrow agent when the shares are issued. The shares will remain in escrow until the arbitration tribunal has determined whether Telenor is entitled to receive its pre-emptive rights shares.

If the arbitration tribunal agrees with Telenor that the Wind Telecom transaction is not a related M&A transaction, then the shares will be released to Telenor and the purchase price released to VimpelCom. Should the tribunal decide that the transaction is a related M&A transaction, the shares will be returned to VimpelCom for cancellation and the purchase price returned to Telenor.

"Telenor believes this proposal is a fair and equitable solution that will preserve the status quo while the arbitration is ongoing and ensure that no party will be unfairly disadvantaged if the Wind Telecom acquisition is completed as presently proposed," said Telenor spokesman Dag Melgaard.

Pakistan-India: Kishenganga Might be Settled Out of Court: Khurshid

Feb 11, http://news.outlookindia.com/item.aspx?711591

The Union Government today said there were "some signals" that the dispute over Kishenganga power project in Jammu and Kashmir with Pakistan might be settled outside arbitration. "That (matter) is already in arbitration in Geneva. But there are some signals that we might be able to settle it outside arbitration," Union Water Resources Minister Salman Khurshid told reporters here.

See also "No need for alarm over China's power project" http://www.thehindu.com/news/national/article1414282.ece

Pakistan: TCCP refuses to submit Reko Diq feasibility

Feb 25, http://nation.com.pk/pakistan-news-newspaper-daily-english-online/Politics/25-Feb-2011/TCCP-refuses-to-submit-Reko-Diq-feasibility

ISLAMABAD - The Tethyan Copper Company Pakistan (TCCP) has refused to submit the original feasibility report to the federal government required to prove its claim of investing millions in the Reko Diq copper and gold mining project in Balochistan. ... "The TCCP says it invested $214 million on exploration activities but it is reluctant to provide the original feasibility report to the federal government to share details of the remaining investment," Khokhar said, adding the TCCP is expected to move to the International Court of Arbitration.

Philippines: Government likely to lose arbitration case to be filed by Baggerwerken DeCloedt en Zoon over unilateral cancellation of the Laguna Lake Rehabilitation Project (LLRP)

Feb 21, http://www.businessmirror.com.ph/home/opinion/7763-government-likely-to-lose-arbitration-case-

... the Belgian firm Baggerwerken DeCloedt en Zoon (BDC), one of the top five dredging companies in the world, has already contracted a topnotch law firm in Hong Kong to represent it in an arbitration case to be filed before ICSID anytime now.

... The BDC is furious over the unilateral cancellation by the Aquino administration of the P18.7-billion Laguna Lake Rehabilitation Project (LLRP), which involved the dredging of the heavily silted Laguna de Bay. The project had acquired particular urgency because in the past, the siltation of the lake had caused widespread flooding in the region, especially during the typhoon season. What riles the BDC is that the dredging project had gone through the required process of approval, including three legal opinions from the Department of Justice. The supply contract with the Department of Environment and Natural Resources and the financing contract with the Department of Finance were, therefore, valid and binding, and yet the government unilaterally canceled the project without citing any particular reason for doing so. The government even wanted the BDC to agree to the unilateral cancellation without penalties.

See also:

- "Belgian firm denies pursuing arbitration for Laguna de Bay dredging" November 28, 2010 http://www.philstar.com/Article.aspx?articleId=634193&publicationSubCategoryId=63 - "WB, Netherlands give $10-M aid for Laguna de Bay cleanup" February 05, 2011 http://www.philstar.com/Article.aspx?articleId=654549&publicationSubCategoryId=63

Russia: BP directors fail to show for TNK-BP meeting

Feb 25, http://www.ft.com/cms/s/0/da7396b2-40eb-11e0-9a37-00144feabdc0.html#axzz1FG4Ucoh7

All four of BP's nominated directors failed to attend TNK-BP's board meeting on Friday, preventing a vote on whether the Russian oil venture should join the UK group's alliance with state-controlled Rosneft.

Russia: Court Rules on Shareholder Rights

Feb 16, http://www.times.spb.ru/index.php?action_id=2&story_id=33569

MOSCOW — The Supreme Arbitration Court has ruled that minority shareholders have the right to request any document, including agreements with contractors, from a company they have shares in — but not from its subsidiaries. Vedomosti has obtained a copy of the final draft of the Supreme Arbitration Court’s clarifications on shareholders’ rights to information.

...

Rosneft refused to provide Navalny with protocols, citing commercial secrets, among other reasons. The company lost that dispute in its first hearing. The case is now being appealed.

A Rosneft spokesman declined to comment on the memorandum, which he had not seen.

United Company RusAl, which owns 25.13 percent of Norilsk Nickel, has not been able to obtain protocols from Norilsk’s board of directors. RusAl is pleased with the court’s conclusions, a RusAl spokesman said. A Norilsk spokesperson declined to comment.

Russia: Cyprus Court Releases $6Bln in Kerimov Assets

Feb 16, http://www.themoscowtimes.com/business/article/cyprus-court-releases-6bln-in-kerimov-assets/431098.html

A court in Cyprus has lifted a billion-dollar asset freeze against businessman and senator Suleiman Kerimov in a high-profile dispute with fugitive Duma Deputy Suleiman Kerimov. The Nicosia district court on Tuesday revoked an earlier decision to freeze stakes in Cyprus-based companies owned by Kerimov, arguing that the plaintiffs withheld vital facts and failed to prove the urgency of their petition, news reports said.

Russia: Dvorkovich hopes for pre-court solution over Rosneft-BP deal

Feb 3, http://english.ruvr.ru/2011/02/03/42629881.html

Russia's presidential aide Arkady Dvorkovich hopes that an extra-judicial solution can be found to a dispute over a recently-unveiled joint venture deal between Rosneft and British Petroleum.

Russia: Gas Buyers Seek End of Europe’s Two-Tier Pricing: Energy Markets

Feb 16, http://www.bloomberg.com/news/2011-02-16/natural-gas-buyers-seek-end-of-europe-s-two-tier-pricing-energy-markets.html

Arbitration Confidence: “A number of our key customers used their right to renegotiate prices at the beginning of last year,” Medvedev said at an investor meeting in London yesterday. “If it does come to arbitration proceedings, we are pretty confident.”

Russia: Moscow Federal Arbitration Court rejects latest TeliaSonera, Altimo merger appeal

Feb 21, http://www.telegeography.com/cu/article.php?article_id=36251

According to business news agency Prime-Tass, Russia’s Federal Arbitration Court for the Moscow District has upheld a lower court’s earlier ruling to reject a long-mooted deal concerning the ownership of Russian cellco MegaFon.

Russia: Navalny's Suit v Transneft Goes to Court

Feb 8, http://www.themoscowtimes.com/business/article/navalnys-suit-vs-transneft-goes-to-court/430532.html

The Moscow Arbitration Court held preliminary hearings late Monday on the second lawsuit of outspoken blogger and lawyer Alexei Navalny against Transneft, seeking to obtain the minutes from the company's board of directors' meetings for 2009 and 2010, a court official told The Moscow Times on Monday.

Russia: New hurdle for BP-Rosneft deal

Feb 11, http://www.bangkokpost.com/news/world/220927/new-hurdle-for-bp-rosneft-deal

A contested tie-up between BP and Russian counterpart Rosneft hit a new hurdle Thursday when an arbitration tribunal extended an injunction on the deal until a fresh hearing next month. The injunction was taken out by Russian shareholders in TNK-BP Holding, concerned that the deal will hit their own interests.

Russia: Norilsk Offers Rusal $12.8 Billion to Buy Back Shares

Feb 11, http://www.businessweek.com/news/2011-02-11/norilsk-offers-rusal-12-8-billion-to-buy-back-shares.html

Bloomberg - OAO GMK Norilsk Nickel, the world’s biggest nickel producer, increased its offer to buy back shares held by billionaire Oleg Deripaska’s United Co. Rusal as it seeks to end an ownership feud.

Russia: Rosneft to TNK-BP: Stay out!

Feb 3, http://www.upi.com/Science_News/Resource-Wars/2011/02/03/Rosneft-to-TNK-BP-Stay-out/UPI-35731296737777/

UPI - Officials at Russian oil company Rosneft said they weren't about to let TNK-BP in on a deal with BP to drill for oil in the arctic waters of Russia.

Russia: Russian court blocks Uralkali-Silvinit merger

Feb 28, http://en.rian.ru/business/20110228/162789631.html

An Arbitration Court in Russia's Perm region has blocked a multi-billion dollar merger between major fertilizer producers Uralkali and Silvinit pending a suit filed by rival fertilizer firm Akron, which owns 8% of Silvinit's voting shares, a court official told RIA Novosti on Monday.

Russia: Supreme arbitration court upholds FAS fine against Gazprom Neft for 4.7 bln rubles

Feb 15, http://www.interfax.com/newsinf.asp?id=222608

Interfax - The presidium of Russia's Supreme Arbitration Court has reversed lower court rulings invalidating a fine imposed by the Federal Antimonopoly Service (FAS) against Gazprom Neft (RTS: SIBN) amounting to 4.7 billion rubles.

Russia: UC RUSAL - Voting and transfer of quasi-treasury shares held by Norilsk Nickel subsidiaries halted by Nevis Court

Feb 7, http://rusal.ru/en/news_details.aspx?id=6862

UC RUSAL, the world’s largest aluminium producer and owner of a 25% stake in MMC Norilsk Nickel, welcomes the decision of the Nevis Judge following an ex-parte hearing to issue an interim court order against Corbiere and Raleigh, Nevis indirect subsidiaries of Norilsk Nickel. The order restrains these two companies from voting the shares that they hold in Norilsk Nickel and prohibits any transferring or disposing of these shares. The order also precludes these companies from taking any further steps with respect to the Trafigura transaction.

RUSAL filed proceedings in the Nevis Court in an attempt to halt the adverse impact of the buy-back and sale of Norilsk shares to Trafigura. RUSAL has argued consistently since Norilsk Nickel's December board meeting that the decision by the board to buy-back over 6% of its own shares at a premium just over one week after an announcement to sell 8% of the quasi-treasury shares at a significantly lower price was illegitimate, harming the shareholders and further damaging the company's value.

This interim order is in force till 2 March 2011 when the case is next heard. RUSAL will present its arguments as to why Corbiere and Raleigh should not be entitled to vote or transfer their shares or take further steps with respect to the Trafigura transaction. RUSAL, acting in the interests of all minority shareholders of MMC, will continue to defend its interests and protect its rights by all available legal means.

Russian billionaire Ashot Egiazaryan flees to the U.S. after receiving death threats over top Moscow hotel project

Feb 7, http://www.dailymail.co.uk/news/article-1354507/Russian-billionaire-flees-U-S-receiving-death-threats-Moscow-hotel-project.html

He claims he was subjected to groundless police raids, personal smears and anonymous death threats for two years as he struggled to hold on to his $2billion stake in the Moskva hotel project.

The lawsuit over the hotel, which is just yards from the Kremlin, is being waged in a civil court in Cyprus, the London Court of International Arbitration and on Capitol Hill.

Russian court confirms voiding MegaFon merger with Turkcell

Feb 17, http://www.prime-tass.com/news/_Russian_court_confirms_voiding_MegaFon_merger_with_Turkcell/0/%7BEC4414E5-889E-4929-A464-AD9BAE675561%7D.uif

PRIME-TASS - Russia’s Federal Arbitration Court for the Moscow District on Thursday upheld a lower court’s ruling to void a deal between major Russian mobile operator MegaFon’s key shareholders to combine their stakes in MegaFon with stakes in Turkey’s Turkcell.

South Africa: Kumba Hopes To Resolve ArcelorMittal SA Arbitration By 2012

Feb 10, http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/201102100727DOWJONESDJONLINE000300_univ.xml

Kumba Iron Ore Ltd. said Thursday that it hopes the arbitration process with ArcelorMittal South Africa Ltd. (ACL.JO) over iron ore pricing is resolved within a year.

Spain-Algeria: Gas Natural Shares Fall as Sonatrach Provision Hurts Profit

Feb 22, http://www.bloomberg.com/news/2011-02-22/gas-natural-shares-fall-as-sonatrach-provision-hurts-profit.html

Gas Natural SDG SA, Spain's largest gas supplier, dropped in Madrid trading after saying it made a provision to cover a dispute over fuel supplies with Algeria's Sonatrach and as full-year profit fell short of estimates.

Sri Lanka: Legal Delays - Sri Lanka India coal project hit by legal queries: report

Feb 18, http://www.lankabusinessonline.com/fullstory.php?nid=1837114249

LBO - A state joint venture coal power plant between India and Sri Lanka which has been negotiated for several years has been hit by further delays following legal queries from the island nation, a media report said. India's National Thermal Power Corporation and Sri Lanka's Ceylon Electricity Board has been talking on a 500 MegaWatt 50:50 joint venture coal plant in the Eastern coastal town on Trincomalee from 2006.

...

Sri Lanka's attorney general is also battling two cases of arbitration and court proceedings in three countries relating to a disputed energy deal relating to the island's state run petroleum utility.

Tanzania To Contest $65 Million Dowans Arbitration Court Judgment -President

Feb 7, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201102070202dowjonesdjonline000019&title=tanzania-to-contest-65-million-dowans-arbitration-court-judgmentpresident

Dow Jones Newswires - The Tanzanian government will contest an International Chamber of Commerce judgment issued in November that requires the government to pay at least $65 million to Costa Rica-based Dowans Holdings SA over a power supply contract dispute, Tanzania's President said over the weekend.

Tanzania: Civic United Front (CUF) wants MP `behind Dowans deal` dealt with

Feb 8, http://www.ippmedia.com/frontend/index.php?l=25863

Says the legislator should be held accountable and be forced to pay demanded compensation. In unexpected turn of events, the Civic United Front (CUF) yesterday asked the government to hold a Member of Parliament accountable and force him to pay the hefty compensation an international court has granted Dowans Holdings.

Tanzania: Dowans Tanzania to forgive some of the compensation awarded - Tanesco Board to decide on offer, says Ngeleja

Feb 26, http://www.ippmedia.com/frontend/index.php?l=26448

THE government has said that the Tanzania Electric Supply Company Ltd, Board of Directors is responsible for deciding whether to accept Dowans offer, Minister for Energy and Minerals, William Ngeleja said yesterday.

Dowans Tanzania on Thursday succumbed to the outcry of Tanzanians and declared its intention to forgive some of the compensation awarded to it by the ICC.

See "Dowans: We are ready to forgive 94bn" http://www.ippmedia.com/frontend/index.php?l=26408

Tanzania: President's Reaction On Dowans Sparks Debate in Musoma

Feb 16, http://allafrica.com/stories/201102160226.html

In a speech broadcast live on the radio and television, President Kikwete said he was not for or against payment of the Sh94-billion compensation awarded to Dowans by the International Court of Arbitration of the International Chamber of Commerce (ICC).

Tanzania: Tanesco challenges ICC on Dowans

Feb 17, http://www.ippmedia.com/frontend/index.php?l=26143

Tanzania Electric Supply Company has filed a petition challenging the International Chamber of Commerce (ICC) ruling, awarding 94bn/- to Dowans which was commissioned to generate emergency power in the country. The petition filed at the High Court on February 9, this year challenges the validity of the award, saying the arbitration was not conducted fairly.

Thailand: Banpu unphased by Thai-Lao Lignite (TLL) lawsuit

Feb 28, http://www.nationmultimedia.com/2011/02/28/business/Banpu-unphased-by-TLL-lawsuit-30149616.html

Banpu is confident that a lawsuit claiming damages of Bt63.5 billion, filed against it by Thai-Lao Lignite (TLL), will not affect development of the 1,878-megawatt (MW) Hongsa power plant project in Laos.

...

TLL also commenced arbitration against the Lao government in 2007.

In November 2009, UNCITRAL, the core UN legal body for international trade law, ruled that the Lao government improperly breached the agreement with TLL and ordered Laos to pay US$57.2 million (Bt1.75 billion) to the company.

The government is still refusing to pay the award, leading the law firm to commence enforcement proceedings under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). It subsequently filed similar actions in London, Paris and New York.

The French courts in July 2010 confirmed the ruling. The judgement from the New York Convention is expected to be made this month, said Berger.

Thailand: Bt11bn compensation over Klong Dan project

Feb 11, http://www.nationmultimedia.com/2011/02/11/national/Bt11-compensation-over-Klong-Dan-project-30148430.html

Thai Arbitration Institute (TAI) yesterday issued a verdict on the Klong Dan wastewater treatment project, demanding Pollution Control Department (PCD)to pay compensation for the jointventure construction company NVPSKG. Panel of arbitrators chaired by Witoon Tangtrongjit and other arbitrators including Satient Wongwachian and Kian Permboon had read the verdict on the case and asked PCD to pay Bt 4,983,324,383 and US$ 31,035,780 as compensation and 7.5 percent as interest of Bt 4,424,099,982 and US$ 26,434,636 which counted from 28 February 2003. PCD also must return letters of guarantees and fee worth Bt 6 million to NVPSKG.

Trinidad Company wins $55 Million On Grenada stadium deal

Feb 5, http://www.spicegrenada.com/index.php?option=com_content&view=article&id=2999:trinidad-company-wins-55-million-on-grenada-stadium-deal&catid=658:feb-05th-2011&Itemid=143

A judge ... ordered a payment of 55 million in connection with the facility to a contracting firm.

... part arbitration proceedings in 2002, NHIC was awarded a net sum of EC$7,626,797.67 (approximately TT$15, 253,594) and 12 percent interest compounded annually thereafter until paid. ICS was not happy with that award and applied to have it set aside and even appealed the decision, it was argued in court.

Turkmen Leader Orders Creation of Private Cell Phone Companies

Feb 11, http://www.eurasianet.org/node/62876

Turkmenistan's President Gurbanguly Berdymukhamedov called for private mobile phone companies to be founded in Turkmenistan ... MTS said they were seeking $600 million in damages in two suits, one at the International Arbitration Court and the other at the International Chamber of Commerce. They also threatened to go to the World Bank as well.

UK Lawmakers Call For More Transparency In Mining, Oil Industry

Feb 14, http://www.foxbusiness.com/markets/2011/02/14/uk-lawmakers-transparency-mining-oil-industry/

Dow Jones - Four members of the U.K. Parliament are calling for U.K.-listed mining, oil and gas companies to report their payments to foreign governments in order to create a new standard of transparency for the global extractive industry, according to an early day motion.

The motion aims to build on the U.S. Dodd-Frank Wall Street Reform and Consumer Protection Act of July 2010, which requires companies engaged in oil, gas and mining extraction to report country and project-specific payment data in their annual filing to the U.S. Securities and Exchange Commission, the motion filed Thursday said.

Ukraine-Russia: Gazprom Attracts USD 550 Million From RosUkrEnergo

Feb 10, http://un.ua/eng/article/312062.html

In November 2010, Russia's gas monopoly, Gazprom, has attracted USD 550 million from the RosUkrEnergo company, in which it owns 50%. This is disclosed in the consolidated interim accounts of Gazprom for nine months of 2010. The report does not read other details.

Ukraine: Court extends arrest of Didenko until March 10

Feb 8, http://www.kyivpost.com/news/nation/detail/96643/

Kyiv Court of Appeals has extended the arrest of former deputy CEO of the national gas company Naftogaz Ukrainy Ihor Didenko to eight months and a day, which is until March 10, 2011.

Ukraine: Law enforcement raid on Magisters prestigious law firm sparks more fears of persecution

Feb 11, http://www.kyivpost.com/news/nation/detail/96884/

Authorities have not explained why they conducted a Feb. 3 raid on Magisters law firm, but its lawyers represented state-owned Naftogaz before President Viktor Yanukovych came to power.

Ukraine: Tymoshenko alarmed at upcoming deal between Ukraine, Vanco Prykerchenska

Feb 3, http://www.kyivpost.com/news/nation/detail/96252/

Leader of the Batkivschyna Party and former Prime Minister Yulia Tymoshenko has said that the possible signing of an agreement between the Government of Ukraine and Vanco Prykerchenska about the extraction of oil and gas on the Black Sea shelf represents a betrayal of national interests.

"I think we have a few weeks left. They plan to sign the agreement and hand over the strategic territory of Ukraine in the coming weeks," she said, when asked when the final agreement between Ukraine and Vanco Prykerchenska on the development of the Black Sea shelf might be reached.

Ukraine: Tymoshenko warns IMF of Ukraine's plans to repay debt to RosUkrEnergo using fund's loan

Feb 25, http://www.interfax.com.ua/eng/eco/62107/

Batkivschyna Party leader and former Prime Minister Yulia Tymoshenko has said that she would like to hold talks with representatives of the International Monetary Fund (IMF) and the Ukrainian opposition regarding plans by the authorities to repay the country's debt to RosUkrEnergo using an IMF loan.

"I think we will hold consultations with the International [Monetary] Fund and the opposition forces in Ukraine, and we will try to draw up an action plan to prevent such so-called reforms being conducted by [Ukrainian President Viktor] Yanukovych," she said at a press conference on Friday.

US Deepwater drilling permits must move forward, judge rules

Feb 17, http://latimesblogs.latimes.com/greenspace/2011/02/deepwater-drilling-permits-must-move-forward-judge-rules.html

A federal judge in New Orleans has ordered the Interior Department to move forward with five drilling applications for the Gulf of Mexico that have been under review for four to nine months.

...

Gulf Oil Spill; Court's Ruling on Preliminary Injunction (ENSCO v. Salazar CA 10-1941) New Orleans, Louisiana, February 17, 2011.

http://www.laed.uscourts.gov/GENERAL/Notices/10-1941.pdf

"The Court therefore ORDERS that BOEMRE is required to act on the five pending permit applications within thirty days of this Order and simultaneously report to the Court its compliance. Ensco’s application for a preliminary injunction meets all the requirements of Rule 65 of the Federal Rules of Civil Procedure and is GRANTED."

US-Canada: Award: Grand River Enterprises Six Nations, Ltd., et al. v. United States of America, January 12, 2011

https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=4521

AWARD

For the foregoing reasons, the Tribunal unanimously DECIDES:

(a) That its does not have jurisdiction over the claims of Grand River Enterprises Six Nations, Ltd., Jerry Montour and Kenneth Hill because these Claimants do not have an investment in the United States; (b) That it has jurisdiction over the claims of Arthur Montour, Jr; (c) That the conduct of the Respondent that is the subject of the claims of Arthur Montour, Jr. did not involve any breach of Articles 1102, 1103, 1105 or 1110 of NAFTA; (d) That Arthur Montour's claims are accordingly dismissed in their entirety; and (e) That each Party shall bear its own costs and half of the costs and expenses of these proceedings.

US: Amkor Receives License Termination Notice from Tessera

Feb 18, http://www.amkor.com/index.cfm?objectid=49601FA5-920A-1A4F-D6FE322C99F98A2B

Amkor Technology, Inc. today announced that it received a notice from Tessera, Inc. purporting to terminate Amkor's Patent License Agreement with them. "This latest letter is just another part of Amkor's ongoing dispute with Tessera regarding the License Agreement and does not affect our business," said Ken Joyce, Amkor's president and chief executive officer.

As previously disclosed, Amkor filed a request for arbitration in the International Court of Arbitration of the International Chamber of Commerce against Tessera in August 2009 seeking relief confirming that it is a licensee in good standing, that the License Agreement remains in effect, and seeking damages and injunctive relief against Tessera. Tessera has denied Amkor's claims, and alleges that Amkor has breached the License Agreement, seeks termination of the License Agreement and asserts that Amkor owes Tessera additional royalties under the License Agreement as well as other damages.

US: An arbitration proceeding commenced by Centocor against Schering-Plough may result in the Company’s loss of the rights to market Remicade and Simponi.

Feb 28, http://www.sec.gov/Archives/edgar/data/310158/000095012311019286/y87773e10vk.htm

Sales of Remicade and a follow-on product, Simponi, were $2.8 billion in the aggregate in 2010. The Company is involved in an arbitration with Centocor Ortho Biotech, Inc. (“Centocor”), a subsidiary of Johnson & Johnson, in which Centocor is seeking to terminate the Company’s rights to continue to market Remicade and Simponi. The arbitration hearing has concluded and the Company is awaiting the arbitration panel’s decision. See Item 8. “Financial Statements and Supplementary Data,” Note 12. “Contingencies and Environmental Liabilities” below. An unfavorable outcome in the arbitration would have a material adverse effect on the Company’s financial position, liquidity and results of operations.

...

A subsidiary of the Company is a party to a Distribution Agreement with Centocor, a wholly owned subsidiary of Johnson & Johnson, under which the Schering-Plough subsidiary has rights to distribute and commercialize the rheumatoid arthritis treatment Remicade and Simponi, a next-generation treatment, in certain territories.

Under Section 8.2(c) of the Distribution Agreement, “If either party is acquired by a third party or otherwise comes under Control (as defined in Section 1.4 [of the Distribution Agreement]) of a third party, it will promptly notify the other party not subject to such change of control. The party not subject to such change of control will have the right, however not later than thirty (30) days from such notification, to notify in writing the party subject to the change of Control of the termination of the Agreement taking effect immediately. As used herein ‘Change of Control’ shall mean (i) any merger, reorganization, consolidation or combination in which a party to this Agreement is not the surviving corporation; or (ii) any ‘person’ (within the meaning of Section 13(d) and Section 14(d)(2) of the Securities Exchange Act of 1934), excluding a party’s Affiliates, is or becomes the beneficial owner, directly or indirectly, of securities of the party representing more than fifty percent (50%) of either (A) the then-outstanding shares of common stock of the party or (B) the combined voting power of the party’s then-outstanding voting securities; or (iii) if individuals who as of the Effective Date [April 3, 1998] constitute the Board of Directors of the party (the ‘Incumbent Board’) cease for any reason to constitute at least a majority of the Board of Directors of the party; provided, however, that any individual becoming a director subsequent to the Effective Date whose election, or nomination for election by the party’s shareholders, was approved by a vote of at least a majority of the directors then comprising the Incumbent Board shall be considered as though such individual were a member of the Incumbent Board, but excluding, for this purpose, any such individual whose initial assumption of office occurs as a result of an actual or threatened election contest with respect to the election or removal of directors or other actual or threatened solicitation of proxies or consents by or on behalf of a person other than the Board; or (iv) approval by the shareholders of a party of a complete liquidation or the complete dissolution of such party.”

Section 1.4 of the Distribution Agreement defines “Control” to mean “the ability of any entity (the ‘Controlling’ entity), directly or indirectly, through ownership of securities, by agreement or by any other method, to direct the manner in which more than fifty percent (50%) of the outstanding voting rights of any other entity (the ‘Controlled’ entity), whether or not represented by securities, shall be cast, or the right to receive over fifty percent (50%) of the profits or earnings of, or to otherwise control the management decisions of, such other entity (also a ‘Controlled’ entity).”

On May 27, 2009, Centocor delivered to Schering-Plough a notice initiating an arbitration proceeding to resolve whether, as a result of the then proposed Merger, Centocor is permitted to terminate the Distribution Agreement and related agreements. As part of the arbitration process, Centocor has taken the position that it has the right to terminate the Distribution Agreement on the grounds that, in the Merger, Schering-Plough and the Schering-Plough subsidiary party to the Distribution Agreement were (i) “acquired by a third party or otherwise come[ing] under “Control’ (as defined in Section 1.4) of a third party” and/or (ii) undergoing a “Change of Control” (as defined in Section 8.2(c)).

The Company is vigorously contesting Centocor’s attempt to terminate the Distribution Agreement as a result of the Merger. A hearing in the arbitration was completed in late December 2010. If the arbitration panel were to conclude that Centocor is permitted to terminate the Distribution Agreement as a result of the Merger and Centocor in fact terminates the Distribution Agreement, the Company’s subsidiary would not be able to distribute Remicade or Simponi. In addition, in the arbitration, Centocor is claiming damages, “in an amount to be determined”, that result from Merck’s alleged non-termination of the Distribution Agreement. If Centocor were to prevail in the arbitration, Merck could be liable for the net damages, including any offsets or mitigation, that the arbitration panel finds Centocor incurred as a result of non-termination. Sales of Remicade and Simponi in 2010 were $2.7 billion and $97 million, respectively. An unfavorable outcome in the arbitration would have a material adverse effect on the Company’s financial position, liquidity and results of operations. In addition, the Company would be required to record a material, non-cash impairment charge with respect to the termination of those marketing rights.

Finally, due to the uncertainty surrounding the outcome of the arbitration, the parties may choose to settle the dispute under mutually agreeable terms but any agreement reached with Centocor to resolve the dispute under the Distribution Agreement may result in the terms of the Distribution Agreement being modified in a manner that may reduce the benefits of the Distribution Agreement to the Company.

US: Callon Petroleum Company Announces Arbitration Decision

Feb 4, http://www.b2i.us/profiles/investor/ResLibraryView.asp?ResLibraryID=43340&GoTopage=1&Category=1915&BzID=2019

Callon Petroleum Company announced today that the arbitration panel reviewing its claims against the joint interest owner in the Entrada Project had delivered its final decision in which it ruled that the company was not entitled to recover any damages. Callon completed the abandonment of the Entrada Project in 2009 and does not expect to incur additional costs in connection with the project.

Callon Petroleum Company is engaged in the acquisition, development, exploration and operation of oil and gas properties in Louisiana, Texas, and the offshore waters of the Gulf of Mexico.

US: Vulcan Materials Company announces favorable results in two recent arbitrations

Feb 24, http://ir.vulcanmaterials.com/phoenix.zhtml?c=87467&p=irol-newsArticle&ID=1532479&highlight=

Vulcan Materials Company today announced that it has received favorable results in two recent arbitrations.

In the first arbitration, which related to the settlement in 2007 of two lawsuits brought against the Company's divested Chemicals business, the Company was awarded $13.5 million against one of its insurers. Of this award, $6 million pretax was recognized in earnings in the third quarter of 2010. The remaining $7.5 million pretax amount will be recognized in earnings in the first quarter of 2011. When combined with settlements reached earlier with four other insurers, the Company now has recovered $37.9 million of the total amounts paid in settlement and for defense expenses in this litigation.

The second arbitration related to the $40 million settlement announced on May 18, 2010 of a lawsuit brought against the Company by the State of Illinois and the Illinois Department of Transportation. The Company recorded a charge against earnings for this amount and certain related defense expenses in the second quarter of 2010. In this arbitration, the panel ordered that the Company was entitled to recover $25.5 million under two insurance policies for a portion of the amounts paid in settlement and for defense expenses. The $25.5 million pretax award will be recognized in earnings in the first quarter of 2011. A further arbitration proceeding to recover additional amounts paid in settlement and for defense expenses is pending against another insurer.

Vulcan Materials Company, a member of the S&P 500 index, is the nation's foremost producer of construction aggregates and a major producer of other construction materials. For more information about Vulcan Materials Company, visit www.vulcanmaterials.com.

Venezuela: Crystallex Files Request for Arbitration Before the World Bank's International Centre for Settlement of Investment Disputes

Feb 16, http://www.crystallex.com/News/PressReleases/PressReleaseDetails/2011/Crystallex-Files-Request-for-Arbitration-Before-the-World-Banks-International-Centre-for-Settlement-of-Investment-Disputes112/default.aspx

MARKET WIRE - 02/16/11 - Crystallex International Corporation (TSX: KRY)(NYSE Amex: KRY) announced that it has filed a Request for Arbitration before the Additional Facility of the World Bank's International Centre for Settlement of Investment Disputes ("ICSID") against the Bolivarian Republic of Venezuela ("Venezuela") pursuant to the Agreement between the Government of Canada and the Government of the Republic of Venezuela for the Promotion and Protection of Investments (the "Treaty").

The arbitration has been commenced following the failure of the Venezuelan Government to propose any resolution to the dispute notified by Crystallex on November 24, 2008 and the subsequent unlawful termination on February 3, 2011, of the Mine Operation Contract ("MOC") it had entered into with Corporacion Venezolana de Guayana ("CVG"). The claim is for breach of the Treaty's protections against expropriation, unfair and inequitable treatment and discrimination.

Crystallex seeks the restitution by Venezuela of Crystallex's investments, including the MOC, and the issuance of the Permit and compensation for interim losses suffered, or, alternatively full compensation for the value of its investment in an amount in excess of US$3.8 billion.

Venezuela: Crystallex: Las Cristinas Project "unilaterally terminated" by the CVG

Feb 6, http://www.crystallex.com/News/PressReleases/PressReleaseDetails/2011/Crystallex-Updates-Status-of-Las-Cristinas-Mine-Operating-Contract1124026/default.aspx

Crystallex International Corporation announced today that it has received a letter from the Corporacion Venezolana de Guayana ("CVG") that states that the Company's Mine Operating Contract ("MOC") for the Las Cristinas Project in Bolivar State, Venezuela, has been "unilaterally terminated" by the CVG. The letter also enclosed a copy of a resolution passed by the CVG on February 3, 2011 which states that the MOC is unilaterally terminated. The resolution cites, as the basis for the termination of the MOC, Crystallex's lack of activity to progress the Las Cristinas Project for more than one year and "... for reasons of opportunity and convenience".

Crystallex has fully complied with all its obligations under the MOC and has advanced Las Cristinas to a "shovel ready" state while awaiting the issuance of the Authorization to Affect Natural Resources (the "Permit") from the Ministry of Environment and Natural Resources ("MinAmb"). In June, 2007, the CVG confirmed that the approval of the Crystallex Las Cristinas Environmental Impact Study ("EIS"), the posting of the construction guarantee bond and the payment of the environmental disturbance taxes represented the final and conclusive step in the procedure for the issuance of the Permit required to construct the Las Cristinas Project. Notwithstanding Crystallex's fulfillment of the conditions to receive the Permit, MinAmb denied the request for the Permit in April 2008. Despite the Company's compliance with the MOC requirements and the CVG's confirmation in August 2010 that the MOC was in full force and effect, to date the Permit to allow project construction to commence has not been issued.

Crystallex is reviewing its position in light of this correspondence and is considering all steps necessary to protect its investment on behalf of all its stakeholders including the filing of the International Arbitration claim outlined in a Notification of Dispute served by the Company on the Venezuelan Government in November 2008.

Venezuela: John Woods Group Seeks $100 Million Damages From PDVSA

Feb 10, http://www.bloomberg.com/news/2011-02-10/john-woods-group-seeks-100-million-damages-from-pdvsa-update1-.html

Petroleos de Venezuela SA said a John Wood Group Plc unit filed an international arbitration request, seeking about $100 million in compensation for assets nationalized in 2009.

Venezuela: Pdvsa to face three other arbitrations on takeovers

Feb 21, http://english.eluniversal.com/2011/02/21/en_eco_esp_pdvsa-to-face-three_21A5195371.shtml

... Pdvsa reported that the decision on the international arbitration filed by ExxonMobil will be announced during the first months of 2011.

Viet Nam: Call for draft investment law

Feb 22, http://vietnamnews.vnagency.com.vn/Opinion/208625/Call-for-draft-investment-law.html

Viet Nam Economic Times spoke to experts about measures to improve the efficiency of public investment.

Zambia: Investment law to be revised - RB

Feb 18, http://www.lusakatimes.com/2011/02/18/investment-law-revised-rb/

President Rupiah Banda says government is reviewing the Investment Act to enhance the country's potential for foreign investment.

Zimbabwe: Court Dismisses Amari Appeal

Feb 21, http://allafrica.com/stories/201102220035.html

THE High Court has dismissed the application in which Amari Holdings was challenging the cancellation of its "joint ventures" with the Zimbabwe Mining Development Corporation because it is not urgent and lacked merit.

Amari, the SA-based resource firm, and ZMDC are partners in two mining projects - Zimari Nickel and Zimari Platinum.

Zimbabwe: Mines expropriation to go ahead

Feb 17, http://www.financialgazette.co.zw/companies-a-markets/7244-mines-expropriation-to-go-ahead.html

Government has snubbed investor pressure to relax its punitive empowerment thresholds taking away control from foreign shareholders in local mining operations, despite earlier indications members of the two MDC formations in the inclusive government would resist the move.

EVENTS

2024

April 2024

  • CIArb Virtual Diploma in International Maritime Arbitration (Booking deadline: 31 January 2024)
    With maritime arbitrations on the rise, build your knowledge now! The scale, diverse range and complexity of maritime arbitrations coupled with an increase in arbitral systems means that it is essential to have the right knowledge and skills to navigate this field. Ciarb’s highly popular Virtual Diploma in International Maritime Arbitration will provide you with this and more! Join international dispute resolution specialist George Lambrou FCIArb for this Diploma, delivered virtually from 3 April 2024 to 26 June 2024, on Wednesdays for two and a half hours.
    3 April 2024 - 26 June 2024. Online,
    More information is available at the organisers website

May 2024

  • Pakistan International Disputes Weekend (PIDW)
    South Asia's premiere legal conference for 'reviewing, reflecting and reviving' the landscape for dispute resolution. The conference is organized annually in Pakistan by international construction law firm MK Consultus. Bringing together international dispute resolution experts, government representatives, serving members of Pakistan's judiciary, Legal 500 firms, international ADR Centres and global masters of the trade in South Asia's emerging economic corridor, PIDW has revitalized the ADR sector in Pakistan, contributing significantly to the discourse regarding reform.
    11 May 2024 - 12 May 2024. Karachi, Pakistan,
    More information is available at the organisers website
  • 4th Edition Executive Course on International Arbitration - King's College London (Application deadline: 03 May 2024)
    [Application deadline: 03 May 2024] Join leading global arbitration experts for King’s College London’s Executive Course on International Arbitration, online, starting on 17 May 2024. Develop your skills and grow your network with this CPD accredited course. Learn the key elements of practice, from drafting effective arbitation agreements to enforcing arbitral awards around the globe.
    17 May 2024 - 21 June 2024. Online; Fridays (11:30 - 15:00 BST) over 6 weeks,
    More information is available at the organisers website
  • Dispute Resolution in M&A Transactions - 7th edition
    International Conference for Promoting Arbitration - The biggest M&A conference in the region, a truly unique event. Who should attend: * Arbitrators; * Attorneys; * In-house counsel; * M&A legal and business advisors. More information about the program and topics to be announced, in the meantime, visit the conference website to see the archives of the 6th (2022) and 5th (2019) editions of the conference.
    23 May 2024 - 24 May 2024. Warsaw, Poland,
    More information is available at the organisers website
  • International Arbitration Summer Institute - Center on International Commercial Arbitration (AU WCL)
    Taught by leading practitioners and arbitrators from around the world, the International Arbitration Summer Institute is an intense three-week certificate program that addresses foundational and practical aspects of international commercial arbitration. Networking activities such as special lectures, coffee hours, luncheons, and site visits to D.C. law firms and institutions provide participants with ample opportunities to network beyond the classroom setting. This Summer Institute is one of the annual events hosted by the Center on Int'l Commercial Arbitration. The Center is directed by Horacio A. Grigera Naón, a renowned independent international arbitrator and former secretary general of the Int'l Court of Arbitration of the Int'l Chamber of Commerce. The rest of the faculty of this Summer Institute is also very prominent. Participants may opt to stay in the American University dormitory at Cassell Hall.
    28 May 2024 - 13 June 2024. Washington, D.C.,
    More information is available at the organisers website

June 2024

  • Baltic Arbitration Days (13th edition)
    The Baltic Arbitration Days is an international forum for arbitration practitioners and academics, which takes place every June in Riga and Jurmala. During two days of lectures and social functions, we discuss current issues of international commercial and investment arbitration. While Central- and Eastern Europe remains the focus of the conference, different guest countries or regions are designated each year, hosting speakers and participants from around the world. Topics: * Investigations & Enforcement; * Investment Arbitration Update; * Climate & Energy & Construction Arbitration; * Legaltech & IT in Arbitration.
    2 June 2024 - 3 June 2024. Riga and Jurmala,
    More information is available at the organisers website
  • CanArbWeek 2024
    TOPICS: * ADRIC - Awards: Law and Practice; * SIAC - Demystifying the Scrutiny Process; * CPR Canada - In-House Counsel Wishlist: Dispute Boards; * CIArb Canada - Debate Series: Vavilov, Value, Venue; * Ciarb Canada Award for Distinguished Service; * ICC Canada - Navigating the Grey: Conflicts of Interest; * VanIAC - Ask us Anything: from Appointment to PO1; * WCCAS - Arbitrating Your Way to a Speedier Trial; * ICDR Canada - Debate on Proposed Rules Changes; * YCAP - Costs Report: DOs and DON’Ts in Cost Awards; * TCAS - Exploring the Psychology of Arbitration; * and more... Gala Welcome Reception (2 June 2024); Early Bird Tickets Until 1 May 2024.
    3 June 2024 - 4 June 2024. Toronto, Canada,
    More information is available at the organisers website
  • Critical Developments in International Arbitration - 5th edition of the Bucharest Arbitration Days
    The theme of the BArD 2024 brings to our attention the recurrent concern with the legitimacy of international arbitration, as a suitable dispute resolution mechanism for commercial disputes. The 2021 Queen Mary University of London and White & Case Survey has highlighted the evolving nature of international arbitration, adapting to the challenges posed, among others by diversity, technology, environmental considerations and information security. BArD 2024 will discuss ethics and conflicts in int'l arbitration; the evolving relationship between arbitration and courts; the diversity in arbitration from the perspective of diversity of seats and arbitration institutions; the ongoing discussion on evidence and the impact of technology on it. With a focus on disputes involving foreign investments, BArD 2024 will tackle the critical issue of the regulatory space of States, in particular in the context of the transition to a clean energy and int'l commitments on climate change.
    6 June 2024 - 7 June 2024. Bucharest, Romania; Virtual,
    More information is available at the organisers website
  • I Investment Forum
    This event aims to bring together key stakeholders (government officials, business leaders, legal professionals, and foreign investors) on a single platform to highlight significant legal aspects influencing business and investments in Ukraine. It includes an in-depth analysis of Ukraine's investment climate, dispelling common myths about conducting business in our country, preparing Ukrainian businesses for European Union integration, and focusing on recent legal improvements in sectors such as agriculture, extractive industries, energy, and defense. Identifying existing legal issues and presenting practical solutions is also a key focus.
    6 June 2024 - 7 June 2024. Kyiv, Ukraine; Online (Zoom),
    More information is available at the organisers website
  • Arbitration and State: A Complex Symbiosis - XVIII International Congres CEIA
    Topics: * Presentation of the Report on the Inclusion of Disability in Arbitration (CEIA - CINDA); * The work of UNCITRAL Group III; * State and anti-process measures in arbitration; * State responsability for the denial of recognition and execution of arbitration agreements and awards; * The State as a police against corruption in arbitration; * LATAM 360°: Administrative activity as the object of the arbitration disputes; * Arbitration as a mechanism for resolving conflicts between States; * The cases of the year: procedural situations when the State is a party. The conference will have Spanish-English simultaneous translation.
    9 June 2024 - 11 June 2024. Madrid, Spain,
    More information is available at the organisers website
  • Italian Arbitration Day: The Geography of International Arbitration
    The Italian Association for Arbitration and the Milan Chamber of Arbitration, with the support of several national and international organizations, join forces to organize the third Italian Arbitration Day ("IAD"). The IAD will explore the geography of arbitration, navigating the routes of international arbitration, exploring methods and characters of its actors. Stellar international practitioners will discuss the ever-changing map of international arbitration. Participants will be able to contribute ideas, experiences and anecdotes. PROGRAM: * KEYNOTE SPEECH: Lucio Caracciolo - Arbitration and Geopolitics: A Way to De-escalate International Crises? * Panel I - Quo Vadis International Arbitration? Of Parties, Arbitrators and Arbitral Institutions + Reverse Debate * A View from Our Partners: Unidroit * Panel II - International Conflicts and Economic Sanctions: What Role for International Arbitration? + Reverse Debate
    13 June 2024. Rome, Italy,
    More information is available at the organisers website
  • Arbitration Academy 2024
    Applications for the 2024 session of the International Academy for Arbitration Law will be opened soon. The Arbitration Academy is designed to provide advanced courses in arbitration law to students, government officials and practitioners who have already a general knowledge of arbitration law. The Academy provides advanced Summer Courses in Paris to students and young practitioners interested in international arbitration. The Curriculum is conceived by international arbitration academics and practitioners to cover all aspects of international arbitration, and the Courses are taught by the most renowned experts in the fields of international commercial arbitration and investment treaty arbitration. A great opportunity to attend high-level courses and seminars on International Arbitration, and to learn from world-renowned professors and practitioners - don't miss out!
    17 June 2024 - 4 July 2024. Paris, France,
    More information is available at the organisers website or contact
  • El arbitraje internacional en materia de construcción (AU WCL)
    El arbitraje comercial internacional constituye el mecanismo preferido para la solución de disputas en el mundo de los negocios. Un área en que el arbitraje internacional tiene frecuente aplicación es en disputas que emergen de proyectos de construcción. En América Latina el arbitraje de construcción también ha comenzado a ser muy relevante. Esta evolución ha generado una extensa demanda de profesionales altamente formados y especializados en esta materia. Por esto el Centro de Arbitraje Comercial Internacional de la AUWCL trabaja junto con la Comisión Interamericana de Arbitraje Comercial (CIAC) para ofrecer este Seminario Práctico en arbitraje de construcción en junio y julio de 2024. Este Seminario Práctico permite experimentar el desarrollo de un proceso arbitral en materia de construcción desde los inicios de la disputa y su tratamiento por la junta de resolución de disputas, pasando por la notificación de arbitraje, la práctica de la prueba, hasta la adopción del laudo. ...
    17 June 2024 - 12 July 2024. Washington, D.C.,
    More information is available at the organisers website
  • London Summer Arbitration School (Application deadline 20 April 2024)
    The London Summer Arbitration School will feature an interactive five-day programme introducing participants not only to commercial arbitration, but also to less well-known types of arbitration such as maritime, construction and commodities arbitration. The participants will also engage in discussion of related career and business development opportunities with practitioners and representatives of institutions. Topics: * ad hoc arbitration; * maritime arbitration; * construction arbitration; * commodities arbitration; * commercial arbitration; * ethics in international arbitration; * banking & finance arbitration; * climate change arbitration; * outer space arbitration; * investor-state arbitration; * relationship between arbitral tribunals and domestic courts. It will also be possible to attend the school in the online format. Registration deadline: 20 April 2024.
    17 June 2024 - 21 June 2024. Online; London, United Kingdom,
    More information is available at the organisers website

July 2024

  • Brunel Law School Summer Program on International Arbitration
    This Programme will cover "International Commercial Arbitration" (ICA) and "Investment Treaty Arbitration" (ITA) and will include esteemed arbitration scholars and practitioners such as Professor Kaj Hobér, Dr Kabir Duggal, Sir Bernard Rix, Dr Ylli Dautaj and others. ICA is essentially a private resolution forum between private parties (or States acting in a private capacity, jure gestionis), where the subject-matter of the dispute often stems from a "commercial" contract or undertaking of some sort. When studying ICA, we will largely focus on the process of arbitration and not on the subject matter. ITA, on the other hand, is a form of arbitration between foreign investors and host States regarding foreign direct investment (FDI). The subject-matter is arbitrated under public international law, more specifically international investment law. 10% early bird discount if booked by 30th April 2024.
    8 July 2024 - 13 July 2024. London, UK,
    More information is available at the organisers website
  • Brunel Law School Summer Program on International Arbitration
    This Programme will cover "Int'l Commercial Arbitration" (ICA) and "Investment Treaty Arbitration" (ITA) and will include esteemed arbitration scholars and practitioners such as Professor Kaj Hobér, Dr Kabir Duggal, Sir Bernard Rix, Dr Ylli Dautaj and others.ICA is essentially a private resolution forum between private parties (or States acting in a private capacity, jure gestionis), where the subject-matter of the dispute often stems from a "commercial" contract or undertaking of some sort. When studying ICA, we will largely focus on the process of arbitration and not on the subject matter. ITA, on the other hand, is a form of arbitration between foreign investors and host States regarding foreign direct investment (FDI). The subject-matter is arbitrated under public int'l law, more specifically international investment law. Int'l investment law is a sub-specie of int'l economic law. Upon conclusion of the Summer Programme, all participants shall receive a Certificate of Attendance.
    8 July 2024 - 13 July 2024. London, UK,
    More information is available at the organisers website

October 2024

  • International Law Weekend 2024 - Powerless law or law for the powerless? (Call for Panel Proposals deadline 15 April 2024)
    International law faces an existential threat as history unfolds at unprecedented speed worldwide. Indeed, international law and international institutions at times appear incapable of protecting vulnerable persons against war, disease, hunger, exploitation, climate change, and other human and natural catastrophes. Some people-both individually and collectively-are openly eschewing legal values and frameworks in order to pursue results through other means, including dangerous and destabilizing ones. Is international law, in fact, powerless or does it remain a source of power that vulnerable persons can utilize to protect and advance their rights and interests? This year's ILW is focused on engaged, interactive, and inclusive discussions about how international law can transcend perceptions and misperceptions of its powerlessness and fulfill its aspirations of balancing power through principles of justice, equality, and dignity. Call for Panel Proposals deadline 15 April 2024.
    24 October 2024 - 26 October 2024. New York City, USA,
    More information is available at the organisers website

Note: a list of prior events can be found here.

2011 Hersch Lauterpacht Memorial Lectures by Professor Nico Schrijver 22 - 24th February 2011

http://www.lcil.cam.ac.uk/news/article.php?section=25&article=1446

Sir Hersch Lauterpacht Memorial Lectures will be given by Professor Nico Schrijver on 22 - 24th February 2011 on the topic "The United Nations of the Future: The Role of International Law"

Professor Nico Schrijver, Chair of Public International Law, Grotius Centre for International Legal Studies, Leiden University; President of the International Law Association

Tuesday 22nd, Wednesday 23rd and Thursday 24th February 2011 (Plus a Q & A session during the Friday Lunchtime Lecture session at 1pm on Friday 25th February)

Finley Library, Lauterpacht Centre for International Law, 5 Cranmer Road, Cambridge CB3 9BL

All welcome but numbers are limited so arrive early to secure a seat.

JOBS / MOVES

Winston & Strawn Expands International Litigation and Arbitration Practice with Arrival of Mark Bravin and Don Wallace, Jr.

Feb 4, http://www.winston.com/index.cfm?contentid=30&itemid=3260

Winston & Strawn LLP announced today that it has significantly expanded its globally renowned international litigation and arbitration group with the addition of Mark N. Bravin and Don Wallace, Jr., to its Washington, D.C. office. They join the firm as partner and of counsel, respectively. Before joining Winston, Bravin and Wallace practiced at Morgan Lewis & Bockius, where Bravin headed that firm's international arbitration group and Wallace was of counsel.

BOOKS

International Arbitral Jurisdiction

Chittharanjan F. Amerasinghe

ISBN13: 9789004181335
Published: February 2011
Publisher: Brill Academic Publishers
Binding: Hardback
Price: £115.00

International Arbitral Jurisdiction analyzes the jurisdictional powers of international arbitral tribunals in areas of fundamental importance. The volume clarifies how tribunals have approached problems in consensual arrangements for submission to tribunals, and describes the general principles that have emerged.

The text also examines special aspects of the jurisdiction of the Iran United States Claims Tribunal, which has a distinctive character in the context of modern international relations.

International Arbitral Jurisdiction is a valuable, comprehensive and timely addition to the literature on international arbitration. It is intended to be a companion text to two preceding volumes on international jurisdiction by the same author, namely Jurisdiction of International Tribunals (2003) and Jurisdiction of Specific International Tribunals (2009).

ICC releases new set of procedural orders from arbitrations

Feb 10, http://www.iccbooks.com/Product/ProductInfo.aspx?id=658

The International Chamber of Commerce (ICC) has published a second collection of procedural orders issued in ICC arbitrations. This latest collection, published as the 2010 Special Supplement to the ICC International Court of Arbitration Bulletin, covers the 2003–2004 period.

The procedural orders provide examples of how arbitrators have handled issues relating to numerous aspects of arbitration procedure, including submissions, hearings, evidence, witnesses, confidentiality, choice of language, dismissal of claims, applicable law, time limits, stay of proceedings, security for costs and interim measures. An alphabetical subject index allows readers to find all relevant decisions quickly and easily.

In his foreword, John Beechey, Chairman of the ICC International Court of Arbitration, welcomes the new book as a contribution to greater transparency in arbitration and as a source of insight into case management that will be of interest to both parties and arbitration practitioners.

The book includes an introduction by Dominique Hascher, French arbitration specialist and appeal court judge. Mr Hascher presents topics covered in the procedural orders and offers advice on the role of procedural orders. He warns against overusing these orders and unnecessarily formalizing the arbitral process.

ICSID

Award: Malicorp Limited v. Arab Republic of Egypt (ICSID Case No. ARB/08/18)

DECISION

For these reasons, it is decided that:

1. The Arbitral Tribunal has jurisdiction to rule on the claims ofthe Claimant; 2. The prayer for relief of the Claimant aimed at the principle of a compensation for expropriation is rejected; 3. The costs ofthe arbitration, including the fees and expenses ofthe members of the Tribunal and the costs of ICSID, as subsequently determined and notified to the Parties by the Centre, shall be borne by both Parties in equal shares; 4. Each Party shall bear its own costs and legal fees and expenses of representation incurred in the present proceedings; 5. All other submissions made by the Parties are rejected.

Available at http://icsid.worldbank.org/

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

Outcome of Proceeding: Settlement agreed by the parties (Order taking note of the discontinuance issued by the Tribunal on February 22, 2011, pursuant to ICSID Arbitration Rule 43(1)).

New: Longreef Investments A.V.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/5)

Coffee production facilities. Registered Feb 23, Tribunal not yet constituted.

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

Tribunal Reconstituted Feb 23. Pierre TERCIER appointed following the resignation of Gary B. BORN (U.S.)

Reinhard Hans Unglaube v. Republic of Costa Rica (ICSID Case No. ARB/09/20)

Status of Proceeding: Tribunal holds a hearing on the merits in Washington, D.C. on February 21-23, 2011

Iberdrola Energía, S.A. v. Republic of Guatemala (ICSID Case No. ARB/09/5)

Status of Proceeding: Respondent files a rejoinder on the merits on February 22, 2011

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

Status of Proceeding: Claimants file observations on the Respondent's request for production of documents on February 23, 2011

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 24, 2011

ABCI Investments N.V. v. Republic of Tunisia (ICSID Case No. ARB/04/12)

Status of Proceeding: Tribunal issues a decision on objections to jurisdiction on February 18, 2011. Attached to the decision is a dissenting opinion by one of the arbitrators)

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: Tribunal issues a procedural order concerning the Respondent’s request to deal with the objections to jurisdiction as a preliminary matter on February 4, 2011

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

Date of Reconstitution of Tribunal: February 04, Composition: L. Yves Fortier, Vaughan Lowe, Francisco Orrego Vicuña

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

Date of Reconstitution of Tribunal: February 04, Composition: L. Yves Fortier, Vaughan Lowe, Francisco Orrego Vicuña

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

Status of Proceeding: Tribunal issues a procedural order concerning production of documents on February 7, 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: Respondent produces documents on February 2, 2011

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

Status of Proceeding: Tribunal issues a procedural order concerning production of documents on February 9, 2011

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

Status of Proceeding: Respondent files a request for production of documents on February 9, 2011

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

Tribunal Constituted: February 11, Composition Alexis Mourre, William W. Park, Rodrigo Oreamuno

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

Status of Proceeding: Tribunal holds a hearing on jurisdiction and the merits in Paris on January 31-February 10, 2011

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

Status of Proceeding: Claimant files a reply on the merits on February 10, 2011

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

Status of Proceeding: Claimant files a rejoinder on jurisdiction on February 10, 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: Tribunal issues a procedural order concerning production of original documents for inspection on February 8, 2011

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

Status of Proceeding: Claimant files a proposal for disqualification of an arbitrator. The proceeding is suspended on February 15, 2011

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

Status of Proceeding: arbitrator furnishes explanations in regard to the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3) on February 17, 2011

UAB "ARVI" ir ko and UAB "SANITEX" v. Republic of Serbia (ICSID Case No. ARB/09/21)

Status of Proceeding: Claimants file a memorial on the merits on February 15, 2011

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

Status of Proceeding: Respondent files a further request for production of documents on February 16, 2011

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

Status of Proceeding: Claimants file a response on the Respondent’s observations of January 28, 2011 on February 14, 2011

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

Status of Proceeding: Claimant files a reply on the merits, and a counter-memorial on the counter-claim and the additional objections on jurisdiction on February 18, 2011

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

Status of Proceeding: Tribunal issues a procedural order concerning procedural calendar on February 17, 2011

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

Status of Proceeding: arbitrator furnishes explanations in regard to the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3) on February 18, 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: Tribunal issues a decision on provisional measures on February 23, 2011

Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12)

Status of Proceeding: Tribunal issues a procedural order concerning the procedural calendar on February 22, 2011

Mr. David Minnotte and Mr. Robert Lewis v. Republic of Poland (ICSID Case No. ARB(AF)/10/1)

Tribunal Constituted: February 25. Composition: Vaughan LOWE, Maurice MENDELSON, Eduardo SILVA ROMERO (Colombian)

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: Respondent files a response to the Claimants' observations of February 14, 2011 on February 21, 2011

Metal-Tech Ltd. v. Republic of Uzbekistan (ICSID Case No. ARB/10/3)

Status of Proceeding: Tribunal holds a hearing on the Respondent's request to address its objections to jurisdiction and admissibility as a preliminary question on February 24, 2011

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

Status of Proceeding: Tribunal decides that the Respondent's jurisdictional objections will be joined to the merits in accordance with Arbitration (Additional Facilities) Rule 45(5) on February 25, 2011