issue #04, week 13. 30 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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NEWS

Useful overview by ICSID: Awards, Decisions and Procedural Orders Published by ICSID in 2010

Mar 2, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement84

ICSID commenced a project in 2010 to make more ICSID jurisprudence publicly available. With the consent of the parties, the Centre was able to publish the following Awards, Decisions, and Orders in 2010. We are grateful for the support of ICSID users and will continue these efforts.

SCC Investment Arbitration Update

Mar 1, http://www.sccinstitute.com/?id=23696&newsid=39163

In the last ten years, a total of 27 investment arbitrations have been filed under the SCC Rules. This figure includes both BIT cases and ECT cases. So far in 2011, one BIT case has been filed under the SCC Rules.

The SCC also frequently appears as appointing authority in investment treaty arbitrations under the UNCITRAL rules.

The most recent figure for the average number of months for investment arbitration under the SCC Rules is 23 months. Average arbitration costs – which includes fees and expenses of the arbitrators and to the SCC, but not costs for legal representation - amounts to EUR 300 000.

8 page PDF, 330 kb:
http://www.sccinstitute.com/filearchive/3/39162/SCC%20Investment%20Arbitration%20Update.pdf

SCC: Dismissal from board arbitrable

Mar 16, http://www.sccinstitute.com/?id=23696&newsid=39427

In a recent decision of the Svea Court of Appeal, the Court reasons on Swedish principles of arbitrability in the light of foreign mandatory law. Plaintiff argued that the award, rendered on 20 December 2007 in an ad hoc arbitration under the Swedish Arbitration Act, included an assessment of an issue which could not be referred to arbitration under Swedish law and that this caused the award to be invalid under Section 33 of the Swedish Arbitration Act.

The court held that: "The fact that there are mandatory provisions in a certain area, however, does not automatically imply that disputes in this area are not arbitrable. As regards international disputes relating to foreign legislation, it should be determined from case to case whether the applicable foreign law is of such a nature that a settlement of the case in a Swedish court would not be accepted. When it comes to an economic-political regulation in a foreign state, there is often no reason to have the mandatory rules affect settlement possibilities in Sweden and therefore arbitrability according to Swedish law."

The claim was dismissed and the Court did not find reasons to permit an appeal of its decision (Swedish Arbitration Act, Section 43).

Original judgment:
http://www.sccinstitute.com/filearchive/3/39426/T%202375-08.pdf

English version (Office translation by Mannheimer Swartling):
http://www.sccinstitute.com/filearchive/3/39425/Case%20T%202375-08.pdf

Swedish arbitrability and Brussels I:
http://www.sccinstitute.com/?id=&newsid=35259

Abu Dhabi investor to seek hearing on Ferrostaal

Mar 27, http://www.thenational.ae/news/uae-news/transport/abu-dhabi-investor-to-seek-hearing-on-ferrostaal

An investment company based in Abu Dhabi is preparing to take the German industrial services giant Ferrostaal to arbitration court over an alleged violation of a local partnership agreement, it has emerged.

Argentina-Falklands: Oil legislation to obstrut Falklands' industry, a 'boomerang' for Argentine companies says FCO

Mar 19, http://en.mercopress.com/2011/03/19/oil-legislation-to-obstrut-falklands-industry-a-boomerang-for-argentine-companies-says-fco

For the Foreign Office the bill approved this week by the Argentine congress that proscribes fines and sanctions for companies or persons involved in support of the oil industry in the Falkland Islands is a 'boomerang'' that will only harm Argentine companies, reports Buenos Aires daily La Nacion in its Friday edition.

Australia: Landmark Decision Positions Australia as Global Disputes Referee

Mar 14, http://www.prnewswire.com/news-releases/landmark-decision-positions-australia-as-global-disputes-referee-117924839.html

PRNewswire - The Australian government has appointed the Australian Centre for International Commercial Arbitration (ACICA) as the sole default appointing authority to resolve commercial disputes under the new International Arbitration Act.

The landmark action removes the requirement for parties to commence proceedings in one of the State or Territory Supreme Courts or in the Federal Court to have an arbitrator appointed under the Act.

In welcoming the decision, ACICA President and Clayton Utz Head of Major Projects and International Arbitration, Professor Doug Jones AM said: "Having a single, centralised body will substantially reduce cost and delay and ensure certainty of process and make the appointment procedures clearly known and understood by all stakeholders.

Under the previous court appointed system, parties had to decide which court - from a choice of nine - in which to commence proceedings.

"ACICA charges $1000 to appoint an arbitrator while arbitrators appointed by the courts could cost maybe $20,000 depending on whether a dispute is contested or not." Professor Jones said.

Commenting on the increasing importance of international commercial arbitration, he said: "It has emerged as the process of choice for international businesses in the global economy. Investors want to avoid the uncertainty of litigation in a foreign court system with the associated lack of familiarity over processes and uncertainty of enforcement outside local jurisdictions."

In 2008 a PricewaterhouseCoopers survey, 'International Arbitration: Corporate attitudes and practices', revealed 73% of corporations prefer to use international arbitration to resolve their cross-border disputes rather than transnational litigation and saw arbitration as a means to successfully preserve business relationships.

A board comprising representatives of the Attorney-General, the Chief Justices of the High Court and Federal Court, the President of the Australian Bar Association, the President of the Law Council of Australia and other industry representatives will oversee the appointment process.

ACICA is signatory to co-operation agreements with over 50 global arbitral institutes and boasts a panel of eminent local and international arbitrators drawn from a diverse range of professions and industries.

ACICA's appointment signals the final legislative reform along with the establishment of the Australian International Disputes Centre (www.disputescentre.com.au) to position Australia as an attractive neutral venue to resolve international commercial disputes. "From a legal and business perspective, Australia is as desirable, if not more desirable, than anywhere else in our region," said Professor Jones.

Bolivia: Rurelec says shareholder vote sends strong message to Bolivia

Mar 28, http://www.rurelec.com/component/content/article/201-general-meeting

Peter Earl, CEO of Rurelec said: "I am delighted that shareholders in Rurelec have given their overwhelming support to our proposals for the current capital increase which in total amounts to £18 million. The strength of shareholder support for our plans sends a supremely strong signal to the Government of Bolivia as we look to achieve a just settlement of our expropriation claim, whether by private agreement or at the United Nations sponsored arbitration tribunal under the process which is now under way."

Brazil's JBS ends Italy venture after long dispute

Mar 4, http://www.reuters.com/article/2011/03/04/jbs-cremonini-idUSN0415053220110304

In July JBS sued Cremonini, claiming it did not comply with their agreements, and in August it asked for arbitration before the International Chamber of Commerce in Paris to solve governance issues over the joint venture.

see also "JBS and Cremonini announces the termination of their partnership" http://jbs.riweb.com.br/JBS/Show.aspx?id_materia=f6wFSPYFto6ZCDjvXQ3r2Q==

Canada: AbitibiBowater NAFTA settlement has privatized Canadian water, trade committee hears

Mar 8, http://www.canadians.org/media/trade/2011/08-Mar-11.html

Steven Shrybman's (Sack Goldblatt Mitchell) full presentation to the International Trade Committee:

http://www.canadians.org/trade/documents/Submissions_AbitibiBowater.pdf

Ottawa - The record-setting $130-million NAFTA settlement with AbitibiBowater has effectively privatized Canada's water by allowing foreign investors to assert a proprietary claim to water permits and even water in its natural state, says trade lawyer and Council of Canadians board member Steven Shrybman, in a presentation to Parliament today.

"It would be difficult to overstate the consequences of such a profound transformation of the right Canadian governments have always had to own and control public natural resources," says Mr. Shrybman in his presentation to the Standing Committee on International Trade, which is studying the AbitibiBowater NAFTA settlement from last August.

"Moreover, by recognizing water as private property, the government has gone much further than any international arbitral tribunal has dared to go in recognizing a commercial claim to natural water resources."

In 2008, AbitibiBowater, a Canadian firm registered in the United States, closed its pulp and paper mill in Grand Falls-Windsor, NL. The company asserted rights to sell its assets, including certain timber harvesting licenses and water use permits. These permits were contingent on production. More importantly, under Canada's constitution they are a public trust owned by the Province, not by private firms. So the Newfoundland government moved to re-appropriate them as it has a right to do under Canadian law. AbitibiBowater sidestepped the courts to challenge the Newfoundland government.

"The case clearly put the concept of water as a public trust on a direct collision course with treaty-based corporate and commercial rights. However, rather than defend public ownership and control of water, the federal government has agreed to settle AbitibiBowater's claim," says Mr. Shrybman. "By stipulating that the payment of compensation is on account of rights and assets, the government of Canada has explicitly acknowledged an obligation to compensate AbitibiBowater for claims relating to water taking permits and forest harvesting licenses."

By settling with the company rather than challenging its case, we have no response from the federal government to refute the company's proprietary claims to water and timber rights, explains Mr. Shrybman. The settlement also fails to identify the particular rights for which compensation will be paid, and makes no attempt to exclude any of the company's claims, "thereby acknowledging the validity of the claims."

"Moreover, by recognizing a proprietary claim to water taking and forest harvesting rights, Canada has gone much further than any international tribunal established under NAFTA rules, or to our knowledge, under the rules of other international investment treaties," he says.

A statement by the government that the settlement shall not set a precedent is "entirely ineffective," because of NAFTA's National Treatment clause which grants foreign companies treatment no less favourable than national companies in like circumstances.

"It is not therefore an overstatement to describe the consequences of this settlement as effectively representing a coup-de-grace for public ownership and control of water and other natural resources with respect to which some license or permit had been granted."

Shrybman suggests water takings by tar sands operations in Alberta, a golf course in Ontario or a water bottling plant in Quebec are other examples of where even a partial recovery of water rights by the provinces could detrimentally affect business. If any of these companies were foreign owned they could claim compensation on the same terms granted AbitibiBowater.

The Council of Canadians strongly believes there is no place in existing or future trade agreements for such overstretching investment protections. It has repeatedly called on the federal government to reopen NAFTA to remove the investor-to-state dispute process. The Council also recently joined several other Canadian organizations in writing to all members of the European Parliament urging them to reject the inclusion of NAFTA-like investment protections in the Canada-EU Comprehensive Economic and Trade Agreement (CETA), which could be signed by the end of the year.

Canada: Apache Canada Ltd commenced an arbitration against BP Canada Energy [pdf]

Mar 2, http://www.bp.com/liveassets/bp_internet/globalbp/globalbp_uk_english/set_branch/STAGING/common_assets/downloads/pdf/BP_Annual_Report_and_Form_20F.pdf

Page 133: On 9 February 2011, Apache Canada Ltd commenced an arbitration against BP Canada Energy. Apache alleges that in the future various of the sites that it acquired from BP Canada Energy pursuant to the parties' July 2010 Purchase and Sale Agreement will have to have work carried out to bring the sites into compliance with applicable Alberta environmental laws, and Apache Canada Ltd claims that the purchase price should be adjusted for its estimated possible costs. BP Canada Energy denies such costs will arise or require any adjustment to the purchase price. The process of selecting the arbitrator has begun. No hearing dates have been set.

Canada: Goldbrook Announces Notice of Arbitration [pdf]

Mar 8, http://www.goldbrookventures.com/media/GBKMarch82011NR.pdf

Goldbrook Ventures Inc. announces that on March 7, 2011 it received a Notice of Arbitration from Jilin Jien Nickel Industry Co. Ltd., and Jilin International Investment Limited (together "Jilin Jien") in respect of a matter in dispute between Jilin Jien and Goldbrook arising out of the Option and Joint Venture Agreement dated August 28, 2008 between Goldbrook and Jilin Jien Nickel Industry Co. Ltd. (the "Joint Venture Agreement"). This dispute is in addition to the current arbitration that is ongoing between Goldbrook and Jilin Jien in respect of Jilin Jien's purported dilution of Goldbrook's 25% interest in Canadian Royalties Inc. Jilin Jien is seeking to consolidate the arbitrations.

This most recent dispute arises out of whether Jilin Jien has vested its interest in the joint venture and become operator of the project. Jilin Jien purported to give notice that it had vested its interest under the Joint Venture Agreement on November 15, 2010. However, the Joint Venture Agreement provides that Jilin Jien must incur or fund $45,000,000 in expenditures and permit any funds rebated by the Government of Quebec to be used for expenditures on the project. The Government of Quebec has so far failed to assess and pay rebates in respect of the 2009 tax year. It is Goldbrook's position that the time for Jilin Jien's interest to vest should be extended beyond January 31, 2011 (being the date by which the option must have been exercised) until such time as the Quebec Government assesses and pays rebates in respect of the 2009 calendar year. At such time as the 2009 rebates are paid and Jilin Jien permits those funds to be used for expenditures under the Joint Venture Agreement, Jilin Jien will have acquired its interest in the Joint Venture in accordance with the Joint Venture Agreement.

The Notice of Arbitration filed today by Jilin Jien takes the position, among other things, that Goldbrook has repudiated the Joint Venture Agreement by failing to acknowledge that Jilin Jien's interest has vested. Jilin Jien is seeking damages of $52,000,000 for all monies paid under the Joint Venture Agreement, including all rebates provided or that will in the future be provided by the Quebec Government as a result of tax filings based upon the Joint Venture Agreement. In the alternative, Jilin Jien is seeking a declaration that its interest has vested and it is the operator of the joint venture.

Goldbrook maintains its position in respect to this matter and will defend the claims.

Canada: Nearctic Nickel Mines Inc: Arbitration Statement of Claim received from Canadian Royalties Inc.

Mar 8, http://finance.yahoo.com/news/Arbitration-Statement-Claim-cnw-4110079552.html

Nearctic Nickel Mines Inc. (the "Company"), advises that it has received Canadian Royalties Inc.'s "CRI" Statement of Claim in the Arbitration announced January 17, 2011. The Company will append the Claim to the Material Change Report which will be filed following upon this Press Release.

China-Taiwan: Cross-strait talks to cover tariffs, dispute arbitration

Mar 6, http://www.chinapost.com.tw/taiwan/china-taiwan-relations/2011/03/06/293585/Cross-strait-talks.htm

Cross-strait economic cooperation talks will resume this week to discuss issues concerning tariffs reductions, the service industry and dispute solving mechanisms, a Taipei economics official said yesterday.

China: A-Power Affiliate Receives Notice of Arbitration from GE Transportation

Mar 9, http://apowerenergy.investorroom.com/index.php?s=43&item=111

A-Power Energy Generation Systems, Ltd., a leading provider of distributed power generation systems in China and a manufacturer of wind turbines, today announced that on March 7, 2011, a subsidiary of GE Transportation served notice on A-Power that GE Transportation has issued a demand for arbitration against A-Power for alleged unresolved breaches of certain terms of the gearbox purchase and sale contract between them. A-Power is presently considering its response to this notice from GE Transportation. If this matter proceeds to arbitration, A-Power cannot reliably determine the outcome or the potential financial consequences that an adverse outcome in any such proceeding may have on the Company.

See also http://www.cnbc.com/id/41986540

China 'needs to give nod for lawsuit against Congo'

Mar 22, http://www.businessday.co.za/articles/Content.aspx?id=137812

CHINA had to approve a US investment fund's lawsuit in Hong Kong against the Democratic Republic of the Congo before it could proceed, the central African country's lawyers said yesterday in a challenge to the Chinese region's independent judiciary. "This is a matter that self- evidently affects the position of the central people's government," Barrie Barlow, a lawyer representing Congo, told Hong Kong's Court of Final Appeal .

Congo Will Adhere to New York Convention Arbitration Rules

Mar 26, http://www.bloomberg.com/news/2011-03-26/congo-will-adhere-to-new-york-convention-arbitration-rules.html

The Democratic Republic of Congo intends to ratify the New York Convention rules on the recognition of international arbitration rulings, the Prime Minister’s office said today.

Costa Rica v. Nicaragua: Live webcast of the reading of the ICJ's Order [pdf]

http://www.icj-cij.org/presscom/files/0/16320.pdf

The reading of the Order that the Court will make in the case concerning Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) will be broadcast live and in full (in the original language only) on the Court's website (www.icj-cij.org), via the "multimedia" link, on Tuesday 8 March 2011 from 3 p.m. local time (1 p.m. GMT).

Those later wishing to access the recorded webcast of the reading are invited to click on the temporary "Video On Demand" (VOD) link featured on the Court's website. This link will be deactivated three months after the reading, at midnight on 8 June 2011.

Costa Rica, Nicaragua border dispute could involve control over oil reserves

Mar 20, http://www.ticotimes.net/News/News-Briefs/Costa-Rica-Nicaragua-border-dispute-could-involve-control-over-oil-reserves_Sunday-March-20-2011

The territorial dispute that has Costa Rica and Nicaragua facing off in the International Court of Justice could have implications for control over potential petroleum and natural gas reserves in the Caribbean, according to the daily La Nación.

Ecuador: Chevron Appeals Ecuador Judgment

Mar 11, http://www.chevron.com/chevron/pressreleases/article/03112011_chevronappealsecuadorjudgment.news

Chevron Corporation has appealed the judgment entered last month against the company by the Provincial Court of Justice of Sucumbíos in Lago Agrio, Ecuador in a lawsuit alleging that Texaco Petroleum Company's participation in a state-controlled oil consortium prior to 1990 makes Chevron responsible for environmental impacts in the area. In the filing, Chevron details the pattern of fraud by the plaintiffs' lawyers, supporters and others that has corrupted the trial, as well as the numerous legal and factual defects in the judgment.

In addition to its appeal in Ecuador, Chevron continues to seek recourse through legal proceedings outside of Ecuador. In an arbitration Chevron initiated in 2009 under the U.S.-Ecuador Bilateral Investment Treaty (BIT), a Tribunal in The Hague issued an order on Feb. 9 requiring Ecuador to take all measures at its disposal to prevent enforcement of the Lago Agrio judgment until further order of the Tribunal, including the Tribunal's final award on the merits. On Mar. 7, the U.S. District Court for the Southern District of New York issued a preliminary injunction against the Lago Agrio plaintiffs, their lawyers, and those in concert with them, barring them from attempting to enforce the Lago Agrio judgment pending resolution by the U.S. court of Chevron's claims that the Lago Agrio judgment is unenforceable.

Through discovery proceedings in the United States, Chevron obtained thousands of documents that memorialize the plaintiffs' lawyers' efforts to pressure judges to rule in their favor, corrupt expert reports, and manufacture evidence.

Chevron's appeal points to evidence that the plaintiffs' lawyers falsified data and pressured scientific experts to "find contamination" where none existed. The plaintiffs' lawyers also procured the appointment of a supposedly neutral "global expert" who was recruited and paid by the plaintiffs' lawyers to pass off as his own a damages report ghostwritten by Stratus and plaintiffs' other consultants. As this scheme was being exposed through discovery proceedings in U.S courts, the plaintiffs' lawyers later attempted to conceal the fraud by hiring another U.S. firm to repackage the data and conclusions under new names. Even though the court claims that it cured this misconduct by not considering the fraudulent "global expert" report, the judgment relies on data and conclusions produced in that report.

As the company states in its appeal, the court ignored the valid scientific evidence. All legitimate expert reports in the case concluded that the areas remediated by Texaco Petroleum Company pose no significant risk of harm to human health or the environment. Besides the evidence of fraud and corruption, Chevron's appeal sets forth numerous additional grounds for reversal, establishing that the judgment is contrary to the facts and law, including:

Ecuador: Hearing Burlington case from 8 to 12 march in Paris

Mar 3, www.pge.gov.ec

The Republic of Ecuador will defend the legitimacy of Law 42 and the expiration of oil contracts in Paris, from 8 to 12 March 2011.

Egypt names new foreign minister

Mar 7, http://www.google.com/hostednews/afp/article/ALeqM5hXNctUrUhbZD-GcjmneQFqiP3cVg?docId=CNG.b493560d470ff36e06375c297cd6f36a.01

Egypt on Sunday named its former ambassador to the United Nations, Nabil al-Arabi, as foreign minister in the latest move to purge the cabinet of members of toppled president Hosni Mubarak's regime.

Egypt: New CRCICA Arbitration Rules (2011) as of March 1st 2011

Mar 1, http://crcica.org.eg/arbitration_rules.html

Since its establishment, CRCICA adopted, with minor modifications, the Arbitration Rules of the United Nations Commission on International Trade Law (the "UNCITRAL"), approved by the General Assembly of the United Nations by resolution No. 31/98 on December 15, 1976.

CRCICA has amended its Arbitration Rules in 1998, 2000, 2002 and 2007 to ensure that they continue to meet the needs of their users, reflecting best practice in the field of international institutional arbitration.

The present CRCICA Arbitration Rules are based upon the new UNCITRAL Arbitration Rules as revised in 2010, with minor modifications emanating mainly from the Centre's role as an arbitral institution and an appointing authority. They have entered into force as from 1 March 2011 and shall apply to arbitral proceedings that have commenced after this date.

Download the CRCICA Arbitration Rules (English version):
http://crcica.org.eg/publication/arbitration_rules/pdf/English/CRCICA_arbitration_rules_en.pdf (Also available in Arabic at the CRCICA site)

Published on TDM "The Cairo Regional Centre for International Commercial Arbitration (CRCICA) Newly Revised Arbitration Rules: Incorporating the New UNCITRAL Model Rules of 2010 and Expanding the Centre's Role as an Appointing Authority"

El Salvador: CIEL Amicus Brief Highlights Environmental and Human Rights Impacts of Mining in $77 Million Investment Arbitration Case

Mar 2, http://www.i-newswire.com/amicus-brief-highlights-environmental/93225

The amicus curiae brief emphasizes the devastating impact on the local environment and on the human rights of the people that depend upon that environment. Moreover, the investor failed to adequately assess the environmental impacts of the mine.

El Salvador: Statement of Lori Wallach, Director of Public Citizen's Global Trade Watch: Commerce Group CAFTA Ruling Highlights Threat of Foreign Investor Rules Also Included in Korea FTA: Even as Mining Firm's Frivolous Challenge of Environmental Policy Is Dismissed on Technicality, El Salvador Must Pay $800,000

Mar 15, http://www.citizen.org/documents/commerce-group-press-release-march-2011.pdf

That El Salvador must pay more than $800,000 in legal fees to defend itself against a frivolous corporate challenge of its environmental laws under the Central America Free Trade Agreement (CAFTA) provides a glaring example of why having the same provisions in the Korea trade pact now before Congress is so dangerous. In fact, there are nearly $9.1 billion in claims in the 14 known investor-state cases outstanding under NAFTA-style deals. None of them relate to traditional trade concerns; all of them relate to environmental, public health and transportation policy.

The tribunal in this case made clear that Commerce Group Corp. had the right under CAFTA to challenge El Salvador's mining policy. The case was dismissed on a technicality: If Commerce Group had simply written a letter to the Salvadoran judiciary informing it that it was waiving its right to challenge revocation of its environmental permits in Salvadoran courts, then Commerce Group's attack on Salvadoran mining policy would likely be going forward under CAFTA.

Indeed, when El Salvador attempted to recoup its legal costs, the tribunal sided with Commerce Group that its case was not frivolous. The fact that a corporate attack on a sovereign country's domestic environmental policy before a foreign tribunal would even be possible - much less cost a country almost a million dollars when they win the case - highlights what is wrong with our current trade agreement model.

The same outlandish investor rights were in the trade deal George W. Bush signed with Korea that President Barack Obama now wants to push through Congress early this year. If Congress implements the U.S.-South Korea Free Trade Agreement (FTA), the hundreds of Korean firms operating here would get new rights to skirt our court system and domestic laws and demand taxpayer compensation before foreign tribunals for U.S. policies that they don't like, just as these mining corporations are doing in El Salvador. In contrast to pacts such as CAFTA, the Korea FTA involves a country that has 270 corporate affiliates established in this country - all of which would be newly empowered to attack our public interest laws before foreign tribunals to demand taxpayer compensation for loss of expected future profits.

These trade pact investor attacks ring an alarm across the political spectrum - from conservatives concerned about sovereignty threats posed by the U.S. government being under the jurisdiction of such foreign tribunals to progressives concerned about the 200-plus Korean affiliates that would be newly empowered to attack domestic environmental or health policies.

The question is: Will we allow this kind of thing to keep happening? These cases reignite the debate about trade pacts' threats to the environment and public health, remind people that Obama promised during his campaign to fix this very problem and shine a spotlight on the same horrible terms in the pending Korea trade deal.

The mining environmental and safety regulatory policies at issue in this CAFTA case was of vital importance to environmental protection and the future of democracy in El Salvador.

Ethiopia: CGC Overseas Construction Ethiopia Ltd Urges Court to Drop

Mar 29, http://allafrica.com/stories/201103290409.html

CGC Overseas Construction Ethiopia Ltd claimed its contractual agreement with Ethio-Canadian Business Group Plc stipulates that no court has the authority to try the case in which the latter sued it for breach of contract, and requested that the charges be dropped, on Wednesday, March 23, 2011. Ethio-Canadian is contractually obliged to settle the dispute through arbitration at the International Chamber of Commerce (ICC) or outside of court as had previously been agreed to by the plaintiff, CGC Overseas claimed in the Federal High Court, Eighth Civil Bench.

European Commission v Republic of Slovakia, Case C-264/09 - Opinion of Advocate General Jääskinen

Mar 15, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62009C0264:EN:HTML

Failure of a Member State to fulfil obligations – Internal market in electricity – Directive 2003/54/EC – Priority Access – Non-discriminatory access to transmission and distribution systems – Investment contract concluded prior to accession to the European Union – Energy Charter Treaty – Bilateral Investment Protection Agreement –Article 307 EC – Fair and equitable treatment – Expropriation

Franz J. Sedelmayer vs. Russian Federation (Goszagransobstvennost)

Mar 21, http://www.marcompany.com/en/press.htm

Franz J. Sedelmayer vs. Goszagransobstvennost, Federal State Unitary Enterprise "For the Management of Overseas Property" (UdPRF)

German Court Stops the Fraudulent Conveyance of Russian State Property

The State Court Cologne (Landgericht Köln) has issued an arrest order against a Federal State Unitary Enterprise controlled by the President of the Russian Federation. The court order specifies that the defendant must not transfer, sell and/or pledge certain property rights it holds in real estate located in the city of Cologne, Germany. The Russian Federation transferred the right to make exclusive commercial use of state owned real estate (usus fructus or Niessbrauch) to the defendant, hoping to escape future enforcement proceedings. (Case No. 18 O 60/11, issued March 8, 2011, served March 18, 2011)

Ironically, the arrest order in part is based on recent interviews given by the Manager of Presidential Affairs Vladimir Kozhin and the Kremlin spokesman Krekhov, published by the news agencies Interfax and the Voice of Russia. Kozhin and Krekhov vowed that Russia will never pay Sedelmayer and proudly communicated that the transfer of property rights to this state company was designed to disrupt all future public auctions since potential buyers, given these drawbacks, would not dare to place a bid.

Sedelmayer welcomes the open comments made to the press, though he still finds it rather troubling that Russian top officials, who speak for this important member state of the Council of Europe, are not ashamed to admit fiddling with the law!

Sedelmayer is Russia's only creditor, who repeatedly was able to obtain payments stemming from a variety of enforcement proceedings against Russia's overseas state assets. More public auctions in Germany are underway in the first six months of 2011. The next public auction will take place in Cologne on May 11, 2011.

Information about the defendant in this case, a Russian state unitary enterprise, can be found on the internet under: http://www.udprf.ru/struktura_udprf

Guyana-Venezuela: New mediator to oversee Guyana border dispute

Mar 5, http://www.taiwannews.com.tw/etn/news_content.php?id=1534422&lang=eng_news

Jamaica's government says in a statement that Professor Norman Girvan will fulfill the role on behalf of the secretary-general of the Organization of American States.

Hong Kong: New Arbitration Ordinance to become effective on June 1

Mar 3, http://www.news.gov.hk/en/categories/law_order/html/2011/03/20110303_155351.shtml

HKSAR - The new Arbitration Ordinance (the Ordinance) will come into operation on June 1, 2011.A commencement notice will be published in the Government Gazette tomorrow (March 4).

"Enacted last November, the new Ordinance will be more user-friendly and in line with international practices and developments.This will facilitate the conduct of arbitration proceedings in Hong Kong and thus further promote Hong Kong as a regional centre for dispute resolution," a spokesman for the Department of Justice said today (March 3).

See also F. van Eupen; "Hong Kong Enacts New Arbitration Ordinance"

TDM 4 (2010), www.transnational-dispute-management.com/article.asp?key=1634

Hungary-Ukraine: Emfesz CEO alleges concerning connection between former owner and Swedish arbitration court counsel

Mar 22, http://bbjonline.hu/business/emfesz-ceo-alleges-concerning-connection-between-former-owner-and-swedish-arbitration-court-counsel_56719

Hungarian gas trader Emfesz will not pay its former parent company the more than $527 million ordered by a Swedish arbitration court because of a concerning connection between the company's owner, Ukrainian businessman Dmytro Firtash, and the court's chief counsel, Emfesz CEO István Góczi said in Tuesday's issue of daily Népszabadság.

Hungary-Ukraine: RosUkrEnergo Wins International Arbitration - Stockholm Tribunal Makes a Final Award in Excess of US$500M

Mar 21, http://www.groupdf.com/News_315.asp

On 17 March, the Arbitration Institute of the Stockholm Chamber of Commerce made a Final Award in the dispute between Rosukrenergo (RUE) and Emfesz.

The hearings were held in Stockholm on 6 - 9 December 2010 and 17 - 19 January 2011.

In summary, RUE was successful in all of its claims against Emfesz and was awarded US$421m plus interest for the non-payment of gas RUE had delivered to Emfesz in 2008 and 2009, and Commodity Credit interest in the sum of US$106m, plus RUE's legal costs in the sum of £3.4m.

Emfesz's counterclaims were all dismissed.

Commenting on the Final Award and the comments of the Arbitrators, Group DF CEO, Robert Shetler Jones, said: "This case and the Award and comments by the International Tribunal of eminent arbitrators, amounts to the highest possible condemnation of the circumstances surrounding the fraudulent transfer of Emfesz to RosGas and Mr Goczi's role in the fraud. Mr Goczi was simply not believed by the arbitrators. The Tribunal directly challenged the credibility of his evidence and dismissed his version of events. I hope now that the Hungarian Authorities will take note of the views of the International Arbitration Tribunal and finally act swiftly and appropriately to deal with this issue which has undermined confidence in Hungary in terms of its energy security as well as the security for foreign investment in the country."

Background:

Group DF subsidiary, Centragas Holding A G, is the owner of a 50% interest in RUE, which is co-owned by Gazprom.

Group DF's 100% subsiday, Mabofi, has been in a long-running dispute with Goczi over his fraudulent transfer of Mabofi's shares in Emfesz to RosGas for US $1.

On 17 November 2010, the Supreme Court in Hungary confirmed that the Hungarian Energy Office (HEO), the country's energy regulator, acted unlawfully when it approved the fraudulent transfer of Emfesz to RosGas in April 2009.

Emfesz had its HEO trading licence suspended for a period of 90 days starting from 13 January 2011. Emfesz failed to apply for a return of the suspended licence before the deadline on 16 March 2011.

Hungary: Investors prepare to take Hungary to international court

Mar 3, http://bbjonline.hu/business/investors-prepare-to-take-hungary-to-international-court_56390

The owners of Danubius and Sláger are in the last stages of preparing to file their case against the Republic of Hungary at the World Bank's International Center for Settlement of Investment Disputes (ICSID) in March, an advisor to owners Mezzanine and Emmis told the Budapest Business Journal

India: Cairn-Vedanta deal likely to go through?

Mar 2, http://profit.ndtv.com/news/show/cairn-vedanta-deal-likely-to-go-through-143260?pfrom=home-Business

After keeping it on tenterhooks for months, the government looks set to clear London-listed mining group Vedanta Resources' $9.6 billion acquisition of Cairn India without any significant precondition.

This follows the Oil Ministry watering down preconditions it had set for Vedanta to buy a 51 per cent stake from UK's Cairn Energy, sources with direct knowledge of the matter said.

India: Canoro Resources Ltd. Issues Update Respecting Amguri Litigation

Mar 7, http://www.canoro.com/

Canoro Resources Ltd. announces that, further to its press release dated February 28, 2011, the High Court of Delhi has dismissed the Company's petition seeking an injunction against the termination of the Company's Amguri Production Sharing Contract (the "Amguri PSC") by the Ministry of Petroleum and Natural Gas of India. The issue of whether the Company is in breach of the Amguri PSC remains subject to the determination of an arbitration panel.

The Company is reviewing all its options in connection with the said decision, including, without limitation, an appeal to a higher court.

India: Petroleum ministry's no to arbitrator for PMT disputes

Mar 14, http://www.business-standard.com/india/news/petroleum-ministry%5Cs-no-to-arbitrator-for-pmt-disputes/428427/

Despite an arbitration notice from Reliance Industries and BG Group of the UK for arbitration on disputes over Panna/Mukta and Tapti (PMT) oil and gas fields, the petroleum ministry has refused to do so.

India: Will Cairn be asked to reapply for govt nod?

Mar 14, http://profit.ndtv.com/news/show/will-cairn-be-asked-to-reapply-for-govt-nod-144579?pfrom=home-Business

Vedanta Resources' $9.6-billion acquisition of Cairn India has not been listed for consideration by the Union Cabinet this week amid talk that Cairn may be asked to resubmit applications seeking government approval for the deal without attaching any conditions.

Indonesia: Direct Vision Files Lawsuit Against Singapore Arbitration Ruling

Mar 2, http://theindonesiatoday.com/dispute-headline/8012-direct-vision-files-lawsuit-against-singapore-arbitration-ruling.html

Direct Vision has filed a lawsuit in Central Jakarta District Court to revoke the verdict of Singapore International Arbitration Center (SIAC) which ordered Direct Vision, PT Ayunda Prima Mitra, and PT First Media (KBLV) to pay fines amounting US$230 million.

Iraq: Opening of Centre for International Commercial Arbitration in Iraq

Mar 12, https://www.zawya.com/Story.cfm/sidZAWYA20110313062138/Efforts%20to%20turn%20down%20disputes%20over%20investment%20in%20Iraq

Efforts to turn down disputes over investment in Iraq - Najaf province opened on Saturday the first International Commercial Arbitration Center in Iraq to ??settle the disputes over contracts and investment companies inside and outside Iraq according to the arbitration way adopted in the world with the participation of the French ambassador and representatives of the Dutch Embassy and economic, political, and cultural personalities outside Iraq.

Mouhammed Jawad al-Turaihi, the head of the Arbitration Center told AKnews that the Arbitration Center is not substitute for the judiciary, but the judicial process take wider areas and the Center has more speed until they reach a solution and will take ranges on the objection and appeal and discrimination, and the procedures of the court are under way for longer term which affect the commercial issues and cause material losses that multiply with the passage of time.

ITLOS: Capacity-Building and Training Programme on Dispute Settlement under the United Nations Convention on the Law of the Sea - application deadline 30 April 2011

Mar 3, http://www.itlos.org/training/nippon-foundation/ITLOS%20-%20Nippon%20training%20programme_en.shtml

The International Tribunal for the Law of the Sea is pleased to announce the capacity-building and training programme on dispute settlement under the United Nations Convention on the Law of the Sea ("the Convention") for 2011-2012, which is organized with the support of the Nippon Foundation.

ITLOS: Three arbitrators appointed by the President in the arbitral proceedings instituted by Mauritius against the United Kingdom in respect of the dispute concerning the 'Marine Protected Area' related to the Chagos Archipelago

Mar 25, http://www.itlos.org/news/press_release/2011/press_release_164_en.pdf

On 25 March 2011, the President of the International Tribunal for the Law of the Sea, Judge José Luis Jesus, appointed three arbitrators to serve as members of the Annex VII arbitral tribunal instituted in respect of the dispute between Mauritius and the United Kingdom concerning the ‘Marine Protected Area’ related to the Chagos Archipelago. The arbitrators are Ivan Shearer (Australia), James Kateka (Tanzania), and Albert Hoffmann (South Africa). The President appointed Ivan Shearer as the president of the arbitral tribunal. These appointments were made in consultation with the two parties to the dispute.

In accordance with article 3 of Annex VII of the United Nations Convention on the Law of the Sea, if the parties are unable to reach an agreement on the appointment of one or more of the members of the tribunal to be appointed by agreement, or on the appointment of the president of the arbitral tribunal, these appointments shall be made by the President of the International Tribunal for the Law of the Sea at the request of a party to the dispute and in consultation with the parties.

In a letter dated 21 February 2011, the Solicitor-General of Mauritius, acting on behalf of the Government of Mauritius, requested the President of the International Tribunal for the Law of the Sea to appoint the three arbitrators, since the two parties were unable to reach an agreement thereon.

Kazakhstan Near Agreement With BG, Eni Over Karachaganak Field

Mar 15, http://www.bloomberg.com/news/2011-03-15/kazakhstan-near-agreement-with-bg-eni-over-karachaganak-field.html

Kazakhstan is close to resolving a dispute with BG Group Plc and Eni SpA (ENI) over Karachaganak, the nation's second-largest producing oil field, Deputy Justice Minister Marat Beketayev said.

Lithuania: Opposition failed to impeach energy minister

Mar 16, http://www.baltictimes.com/news/articles/28237/

On March 10, the Lithuanian parliament opposition's attempt to impeach Energy Minister Arvydas Sekmokas failed.

...

The main accusations in the parliament against Sekmokas were related to the failure of the competition over construction of the new Ignalina nuclear plant and his battles against Russia’s Gazprom, which has caused the highest price for gas for Lithuania among all the EU states.

...

If Gazprom will not start negotiating with Lithuania in Brussels over a fair price, Lithuania will appeal to the Arbitration Institute of the Stockholm Chamber of Commerce seeking to annul the results of privatization of the company Lietuvos Dujos, Sekmokas said. Lietuvos Dujos operates transmission and distribution pipelines.

Madagascar Oil Limited Declaration of Force Majeure - prepared to assert all necessary legal claims under the PSCs

Mar 21, http://www.madagascaroil.com/images/Declaration%20of%20Force%20Majeure%2021st%20march.pdf

Madagascar Oil announces that it has today declared force majeure under the four production sharing contracts for Blocks 3104, 3105, 3106 and 3107 that it operates in Madagascar, in order to safeguard its rights under those agreements.

Force majeure is a contract provision that allows the party making such a declaration the ability to preserve time upon the occurrence of an event or action that impedes that party from meeting contractual deadlines. In this case, the Company has the right to declare force majeure under the Production Sharing Contracts ("PSCs") in response to an "act of state." This is in response to both the stated threat of expropriation made by the Minister of Mines and Hydrocarbons and the failure by the Ministry of Mines and Hydrocarbons ("MMH") to instruct OMNIS (the state regulatory authority that is the counterparty to the Company's contracts) to proceed with initiating the approval process for the Company's 2011 work programmes.

These acts have left Madagascar Oil unable to continue to perform under its PSCs. The Company has made repeated attempts at removing the impediments created by the threats of expropriation and the failure to schedule a contractually required meeting for the purpose of approving the Company's 2011 work programmes under the production sharing contracts.

The declaration of force majeure comes only after the Ministry of Mines and Hydrocarbons has persistently refused to engage with the Company in its efforts meet to resolve these matters. The Company is entirely confident that it has complied fully with all PSC obligations and has provided extensive documentation to the MMH regarding activity on all of the blocks. Furthermore, to date MMH has provided no findings from the audit of the Tsimiroro Block announced in January of this year.

Madagascar Oil does not view the force majeure declaration as an act of hostility. Rather, the declaration serves to place the contract terms on hold while the delaying events introduced by the MMH are resolved. The Company hopes that the declaration will encourage negotiation with the government.

Management believes that the declaration of force majeure, while not in itself a solution, is an action that the Company can move to rescind once the government agrees on the necessary steps to allow for a return to work.

The Company is also prepared to assert all necessary legal claims under the PSCs unless the situation that created the force majeure events is rectified without delay.

The Board continues to believe that it is in the best interests of shareholders for trading in the Company's shares to remain suspended. The Company will provide further updates in due course.

Laurie Hunter, the Company's Chief Executive Officer, said:

"We hope that the force majeure declaration will convince the government parties to enter into meaningful discussions with Madagascar Oil. The Company fully anticipates that the force majeure can be withdrawn once a mutually beneficial resolution of the underlying issues is reached. This declaration is merely a tool to protect existing company rights, to which we are fully entitled under our contracts."

See also "Madagascar Oil to freeze contracts" Mar 21, http://www.ft.com/cms/s/0/08750eb4-532b-11e0-86e6-00144feab49a.html#axzz1HJzKrHrB

Norway: Telenor trying to scare and arm-twist co: Unitech sources

Mar 29, http://www.moneycontrol.com/news/cnbc-tv18-comments/telenor-trying-to-scarearm-twist-co-unitech-sources-_532464.html

The battle between telecom partners Unitech and Telenor has taken a turn for the worse. Unitech sources allege that Telenor is trying to scare and arm-twist the company, and that Telenor's real motive is to hike its stake in the venture at a lower value, reports CNBC-TV18's Nayantara Rai reports.

Norway: Vimpelcom shareholders okay disputed Wind Telecom purchase

Mat 18, http://news.smh.com.au/breaking-news-world/vimpelcom-shareholders-okay-disputed-wind-telecom-purchase-20110318-1bz9s.html

Shareholders of Russia's Vimpelcom approved Thursday a $6.5-billion deal to buy Wind Telecom, sending another blow to Norway's Telenor, a major Vimpelcom shareholder which staunchly opposes the deal.

Pacific Rim Mining Corp: Upcoming CAFTA Hearings Delayed

Mar 22, http://www.pacrim-mining.com/s/News.asp?ReportID=448576

Pac Rim Cayman LLC ("PacRim"), a subsidiary of Pacific Rim Mining Corp. (collectively with its subsidiaries, "Pacific Rim" or "the Company"), has been informed by the International Centre for Settlement of Investment Disputes ("ICSID") that hearings previously scheduled for March 23 -- 26, 2011 have been postponed to May 2 -- 5, 2011 due to an unforeseen logistical problem (unrelated to PacRim). These postponed hearings pertain to the arbitration claim brought by PacRim and the Company's Salvadoran subsidiaries against the Government of El Salvador ("GOES") through the provisions of the Dominican Republic-United States-Central America Free Trade Agreement ("CAFTA") and the Investment Law of El Salvador, as disclosed in the Company's previous quarterly and annual reports and news releases, available at www.pacrim-mining.com and www.sedar.com.

The purpose of these hearings is for the ICSID Tribunal to hear argument and witness testimony regarding a Jurisdiction Objection filed by the GOES in August 2010 wherein the GOES asserts that ICSID does not have jurisdiction to hear PacRim's investment claims based primarily on issues of nationality. The Jurisdiction Objection was filed immediately after the ICSID Tribunal panel unanimously rejected all of the GOES's arguments made in an earlier Preliminary Objection (filed under Articles 10.20.4 and 10.20.5 of CAFTA) and issued a ruling in favor of PacRim. As with the Preliminary Objection, PacRim asserts the Jurisdiction Objection is without merit and looks forward to presenting its arguments and witness testimony to the Tribunal panel in May.

Pakistan-India: Moratorium on Kishanganga project urged

Mar 19, http://www.dawn.com/2011/03/19/moratorium-on-kishanganga-project-urged.html

Pakistan should make efforts to secure a moratorium on the construction by India of the controversial Kishanganga hydropower project on Jhelum River, a government official said on Friday, adding that without such relief Pakistan would be losing precious time while preparing its case for submission to the International Court of Arbitration (COA) that could result in a fait accompli against Islamabad's water rights.

Peru: Modification to Magistral Arbitration Demand

Mar 3, http://www.incapacific.com/s/NewsReleases.asp?ReportID=445681&_Type=News-Releases&_Title=Modification-to-Magistral-Arbitration-Demand

Inca Pacific Resources Inc. (TSX-V: IPR) ("Inca Pacific" or the "Company") reports that the Company's subsidiary, Minera Ancash Cobre S.A. ("MACSA"), has received confirmation from the arbitration panel as to a request by MACSA to modify its original complaint with respect to the ongoing arbitration proceeding over the Magistral Transfer Agreement. The Transfer Agreement governs the privatization terms for 5 of the 26 concessions originally controlled by MACSA that host the Magistral copper/molybdenum deposit.

Modified Complaint

MACSA's original complaint was comprised of six claims (refer to press release dated October 26, 2010) including termination of the Transfer Agreement due to serious breach of contract by Activos Mineros S.A.C. ("Activos Mineros") with respect to its obligations under the Transfer Agreement (Fourth Claim), and payment of US$195 million for the damages caused by the unilateral illegal termination of the Transfer Agreement by Activos Mineros (Fifth Claim). Under the modified complaint, MACSA has withdrawn the Fourth Claim and Fifth Claim, and included a Seventh Claim whereby MACSA requests that the arbitration panel orders Activos Mineros to pay MACSA approximately US$65 million for significant damages caused by the delay originated by the unilateral illegal termination of the Transfer Agreement by Activos Mineros. The arbitration panel has accepted this modified demand, and Activos Mineros will have 20 business days to respond to this modified demand.

While there are significant issues with the Transfer Agreement being reinstated, the Company believes it is in the best interest of all its stakeholders to request that the Transfer Agreement be reinstated and to reduce the amount of damages. MACSA has invested $40 million into this Project, was committed to the development of Magistral, and is committed to the goal today. Inca Pacific and MACSA have worked extremely hard to find a resolution to the dispute so that the development of Magistral could proceed. The Company has the resources to bring capital and expertise to see that Magistral is developed. While significant damage has been caused to MACSA and Inca Pacific, the Company is confident it can find solutions with the government so Magistral can be brought into production for the benefit of the Company, its shareholders, the communities and Government of Peru.

GOP Privatization Update

The Company continues to request that the Government of Peru cease the privatization of the Magistral Deposit until the arbitration proceedings are completed. This action by the Government of Peru to put the Magistral property out for public tender while the arbitration proceedings are taking place suggest that the government has little regard for the arbitration process. Currently, the Government has extended the decision on this privatization effort until March 18, 2011.

Community & Exploration Program

The Company continues with exploration plans to evaluate the 12,750 hectares of mining concessions surrounding the five core claims subject to the dispute. Even though the claims in dispute constitute the core of the known mineralization, they represent less than 2% of the entire property area, which remains highly prospective for a variety of mineralized systems. The Company has identified 12 priority targets of different mineralization style over its 100% owned mining concessions. As part of this effort, the Company is working on two agreements with the local communities of Conchucos and Pampas. As part of one of the agreements, the Company may issue approximately 2 million common shares to the communities. These shares would be held in escrow and released upon a commercial deposit being brought into production over the property or a 10 year period. The Company is also negotiating a cooperative agreement with the communities during the exploration period. The Company and MACSA are looking for positive solutions for the advancement of the Company's exploration portfolio as well as to resolve the Magistral dispute and feel having the Communities as shareholders of Inca Pacific is a positive step towards this effort. The possible share issuance would be subject to the approval of the TSX Venture Exchange and applicable regulatory authorities.

See also "Inca Initiates Magistral Arbitration" March 18 2010 http://www.incapacific.com/s/NewsReleases.asp?ReportID=390100&_Type=News-Releases&_Title=Inca-Initiates-Magistral-Arbitration

Philippines: Fraport to sue Philippines again on NAIA-3 case

Mar 24, http://www.abs-cbnnews.com/business/03/24/11/fraport-sue-philippines-again-naia-3-case

German firm Fraport is suing the Philippines again before a World Bank arbitrationcourt in Washington in connection with the controversial Ninoy Aquino International Airport (NAIA) Terminal 3 in Pasay City.

UK-Russia: Rusal Loses U.K. Case to Force Disclosure of Law Firm Documents

Mar 1, http://www.bloomberg.com/news/2011-03-01/rusal-loses-u-k-case-to-force-disclosure-of-law-firm-documents.html

United Co. Rusal, the world’s biggest aluminum company, lost a U.K. lawsuit in which it sought to force the New York law firm Debevoise & Plimpton LLP to turn over documents to aid its fight for control of competitor OAO GMK Norilsk Nickel.

UK-Russia: UC RUSAL's statement regarding London court decision

Mar 1, http://rusal.ru/en/news_details.aspx?id=687501.03.2011

UC RUSAL announces that in light of the application in the United States District Court for the District of Connecticut that was granted on 25 February 2011 and other factors, the High Court in London today declined to order Debevoise & Plimpton LLP (lawyers acting for Interros, Norilsk Nickel, Corbiere and Raleigh) to disclose documents relating primarily to Trafigura’s purchase of Norilsk Nickel securities on the ground that it was not necessary. The court found that RUSAL could obtain the information in its other existing court cases. In Connecticut, for example, Trafigura AG was ordered to produce documents and testimony relating primarily to its affiliate's recent purchase of Norilsk Nickel securities, as well as any other agreements or understandings with Norilsk Nickel or Interros.

The English Court noted that it "could well infer that there is an agreement or arrangement between Trafigura and Interros, so as that they form a group for the purposes of passing the 30% threshold" which RUSAL complains amounts to a breach of Russian law and gives rise to an obligation on those who form the group to make an offer to acquire the shares of the other shareholders of Norilsk. This will assist RUSAL in pursuing its pending claims arising from the Buy-Back and Trafigura transaction, including conspiracy claims against related parties Corbiere and Raleigh, in the High Court of St Christopher's & Nevis.

The Court found that the aim of neutralizing the negative effects of shareholders' conflicts on the company could, in certain circumstances, be done with a legitimate interest in mind. However, the Court also found that if the method of achieving this aim was by means of assembling a block of shareholders through the Buy Back organised by parties who act together as a group, then RUSAL had an arguable case that such means are unlawful.

The Court further noted that RUSAL has "a good arguable case ... that the London office of Debevoise was (innocently) involved in [this] wrongdoing".

RUSAL remains determined to vindicate its rights and expose all acts of corporate piracy which are in violation of recognized corporate governance norms and that prejudice shareholder interests.

Russia urges respect for MTS interests in Turkmenistan

Mar 7, http://www.itar-tass.com/eng/level2.html?NewsID=16018958&PageNum=0

Itar-Tass - Russia insists that the interests of its mobile operators in Turkmenistan should be respected, the Foreign Ministry said in reply to Turkmenistan's accusations of MTS of unfair profit distribution.

Russia's Rosneft to push ahead with BP Arctic pact

Mar 25, http://news.yahoo.com/s/nm/20110325/bs_nm/us_bp_rosneft

Reuters - Russia's Rosneft vowed to push ahead with a strategic alliance with BP (BP.L), despite a block on the deal by the British oil company's partners in joint venture TNK-BP.

Russia-China Oil Price Dispute Valued at $100M

Mar 28, http://www.themoscowtimes.com/business/article/russia-china-oil-price-dispute-valued-at-100m/433814.html

An oil dispute between Russia and China has escalated, industry sources said Friday, as Moscow believes Beijing has underpaid it $100 million for oil in 2011 under a landmark 20-year suppl

Russia-Lithuania demands fair gas price from Gazprom or it or will go to international arbitration

Mar 3, http://www.reuters.com/article/2011/03/03/lithuania-gazprom-idUSSAT00912520110303

Reuters - Lithuania wants a "fair gas price" from Russia's gas giant Gazprom or will go to international arbitration, the Baltic country's energy minister said on Thursday.

Russia-Poland insists Gazprom lowers its prices or the matter will be taken to a court of arbitration

Mar 3, http://www.wbj.pl/article-53517-poland-insists-gazprom-lowers-its-prices.html?typ=pam

Polish state-owned gas monopolist PGNiG is demanding that Russian behemoth Gazprom decreases the price of its natural gas by 10 percent, daily Dziennik Gazeta Prawna reports. PGNiG is taking a hard stance: either Gazprom reduces its prices or the matter will be taken to a court of arbitration.

Russia-UK: AAR welcomes Arbitration Tribunal decision against BP - Calls on BP to respect the London ruling to avoid further contention

Mar 24, http://www.aar.ru/en/press/news/item/466-aar-welcomes-arbitration-tribunal-decision-against-bp.html

At 5:30 p.m. London time today, the Stockholm Arbitration Tribunal notified AAR and BP that it has ruled that BP's proposed strategic alliance with Rosneft breaches the terms of the TNK-BP shareholder agreement.

According to the Tribunal, BP cannot proceed with any part of its proposed Rosneft transaction, which includes: (i) the Cooperation Agreement to explore for oil and gas in the Arctic; (ii) the Framework Agreement, which encompasses a broad strategic alliance between BP and Rosneft, and (iii) the Share Swap, which underpins both the Cooperation and Framework agreements, thus cementing a strategic partnership between the two companies.

The Tribunal decision means that BP is prohibited from entering into any future share arrangement with Rosneft that has any kind of a strategic component.

"AAR welcomes the decision of the Arbitration Tribunal, which we expect BP to honor fully and absolutely," said Stan Polovets, chief executive officer of AAR. "Wilfully ignoring the provisions of the shareholder agreement was a serious misjudgement by BP that has severely damaged the relationship between the TNK-BP shareholders; it has also harmed BP's reputation in Russia. We expect Bob Dudley to make every effort to rectify the situation and rebuild the trust that has been lost between BP, AAR and the management of TNK-BP."

Since its establishment in 2003, TNK-BP has delivered consistently high returns as a leading vertically integrated Russian oil company. During this period, BP has received $14.3bln in dividends from TNK-BP. This amount excludes the Q4 2010 dividend of $1.7b, which has been suspended subject to the resolution of the ongoing dispute between AAR and BP.

Last year, TNK-BP increased production of oil and gas by 3.1% and replaced 134% of its reserves. In comparison, BP's production (not counting TNK-BP) declined by 6% and its reserve replacement ratio was only 70%.

Russia-UK: Analysis: Follow the money, not the oil, in BP's Russia row

Mar 15, http://www.reuters.com/article/2011/03/25/us-bp-rosneft-analysis-idUSTRE72O3YR20110325

Reuters - Forget Arctic oil that may not be produced for decades; the unraveling of the deal between BP

Russia-UK: BP Remains Committed to Partner with Russia

Mar 24, http://www.bp.com/genericarticle.do?categoryId=2012968&contentId=7067926

BP announced today that an arbitral tribunal has ruled that the interim injunction issued to prevent BP’s proposed transaction with Rosneft, which includes Arctic exploration and a share swap transaction, from proceeding should continue.

BP will now apply for a determination whether the share swap may proceed on its own.

BP said it looks forward to finding a way to resolve its differences with its Russian partners to allow these important Russian Arctic developments to proceed in future.

BP has a long history as a leader in oil and gas exploration and the development of new technologies. BP intends to continue in that role for decades to come as the world looks to satisfy its increasing demand for secure, affordable energy supplies. BP has the scale and experience to use these new technologies to develop frontiers like the Russian Arctic.

BP said it was disappointed that these agreements, which are important for Russia, for Rosneft and for BP, cannot for now go ahead in the form intended, due to legal challenge by AAR. BP intends to continue to honour the TNK-BP shareholders' agreement to which it is a party with AAR, and will respect the decision of the arbitrators.

The arbitral tribunal was convened to resolve the issues raised by AAR relating to the share swap agreement and Arctic exploration arrangements agreed between BP and Rosneft and the parties' obligations under the TNK-BP shareholders' agreement.

BP has always been and remains, fully committed to investing in Russia. TNK-BP is BP's primary business vehicle in Russia and BP fully supports its strategy and investment programme. BP is also continuing with its exploration programme with Rosneft offshore Sakhalin.

Russia-UK: Standard Life Investments tells BP to drop Rosneft deal share swap

Mar 29, http://www.telegraph.co.uk/finance/newsbysector/energy/8412012/Standard-Life-Investments-tells-BP-to-drop-Rosneft-deal-share-swap.html

BP is losing shareholder support as it attempts to salvage the share-swap part of the $16bn (£10bn) Arctic oil deal with Rosneft, the 75pc state-owned Russian energy group.

Russia-UK: Stockholm Court Rules Against BP On Proposed Rosneft Alliance

Mar 24, http://www.aar.ru/en/press/news/item/465-stockholm-court-rules-against-bp-on-proposed-rosneft-alliance.html

BP PLC's (BP) Russian partners in TNK-BP Ltd. said Thursday a Stockholm court has ruled against the U.K. oil major, dealing a blow to BP's planned Arctic alliance and $16 billion share swap with Russian state oil producer OAO Rosneft (ROSN.RS).

Russia: Court says TagAZ must repay state loan

Mar 10, http://www.just-auto.com/news/court-says-tagaz-must-repay-state-loan_id109630.aspx

Russia's Ninth Arbitration Court of Appeals has ordered Russia's Taganrog Automobile Plant, or TagAZ, to repay RUB726.9m (US$25.7m) of loan debt to state-controlled VTB Bank.

Russia: Lawsuit Filed in Bank of Moscow Deal

Mar 2, http://www.themoscowtimes.com/business/article/lawsuit-filed-in-bank-of-moscow-deal/431858.html

The proposed sale by the Moscow city administration of Bank of Moscow to VTB via Tsentralnaya Toplivaya Kompania might become a court matter.

According to material from the Moscow Arbitration Court, Echo Technology has filed suit against VTB, the Moscow Property Department and Tsentralnaya Toplivaya Kompania, charging them with "using the consequences of the invalidity of a deal." Bank of Moscow is also named as a third party in the suit.

Russia: Nevis court holds claim that Rusal had no arguable case & misled judge

Mar 9, http://www.mineweb.com/mineweb/view/mineweb/en/page674?oid=122506&sn=Detail&pid=102055

Corbiere Holdings Limited ("Corbiere"), an indirect whollyowned subsidiary of OJSC MMC Norilsk Nickel ("Norilsk Nickel") announces receipt of the written Judgment issued on 4 March 2011 by the Eastern Caribbean Supreme Court In the High Court of Justice, Nevis Circuit, explaining the Court's reasons for granting the application by Corbiere for the discharge of an interim injunction granted to United Company Rusal Pls and United Company Rusal Investment Management LLC (together "Rusal").

Russia: Odfjell arbitration award

Mar 10, http://www.odfjell.com/PressRoom/NewsAndPressReleases/Pages/Odfjellarbitrationaward.aspx

In 2004 Odfjell placed an order at Sevmash, a large state-owned shipyard near Arkhangelsk, for up to 12 chemical tankers, each of about 45,000 dwt.

Excessive and continuing delays during construction forced Odfjell in 2008 to cancel these contracts. Odfjell claimed for damages and was awarded USD 43 million plus interest by the Swedish Arbitration Tribunal on 30 December 2009.

The Russian shipyard failed to honour the international award, forcing Odfjell to seek enforcement within Russia. A ruling was made by the State Commercial Court in Arkhangelsk on 10 December 2010, in Odfjell’s favour. However, Sevmash appealed the decision.

The Cassation Court in St. Petersburg today Thursday 10 March 2011 decided in favour of Odfjell, and confirmed the decision of the State Commercial Court allowing enforcement of the arbitral award, which now with interest is about USD 50 million. The decision was handed down orally in the court today, and Odfjell will receive the full written decision within a week from today

Russia: Oligarchs in $8bn bid to rewrite BP's Russian deal

Mar 2, http://www.theaustralian.com.au/business/news/oligarchs-in-8bn-bid-to-rewrite-bps-russian-deal/story-e6frg90o-1226014559986

TNK-BP has offered to buy a 5 per cent stake in BP in a deal worth almost 5 billion pounds ($8bn), The Times has learnt.

The proposal is understood to be an attempt by the Russian shareholders in TNK-BP to resolve a dispute over BP's proposed £10bn share swap with Rosneft.

Under the terms of the proposal, TNK-BP would pay for the BP stake and then swap it for a 10 per cent holding in Rosneft. It is expected to be discussed with BP directors at a TNK board meeting on Friday.

Russia: Putin accuses BP of misleading him over Rosneft deal

Mar 5, http://www.google.com/hostednews/afp/article/ALeqM5gmiKnHrbXj23PsxtI9uBQYq-aQ-A?docId=CNG.0dc8667c1044e69c192df3be444c31bf.a81

AFP - BP's historic alliance with Russia's state oil giant Rosneft hit a rough patch on Friday when Prime Minister Vladimir Putin accused the British firm of misleading him going into the deal.

Russia: TNK-BP Board Offers No Solution in Standoff

Mar 14, http://www.themoscowtimes.com/business/article/tnk-bp-board-offers-no-solution-in-standoff/432449.html

Old wounds at TNK-BP re-opened Sunday as the board of directors' failure to approve the replacement of BP in its landmark $16 billion deal with Rosneft initiated a mud-slinging match.

Both sides blamed each other for the outcome of Saturday's meeting in Paris.

Russia: TNK-BP floats spoiler against BP-Rosneft pact

Mar 2, http://af.reuters.com/article/energyOilNews/idAFLDE7210I520110302

TNK-BP management proposes buying $7.6 billion BP stake; Wants to swap into Rosneft, join offshore alliance; Proposal comes amid Mexican standoff between TNK-BP owners

Russia: UC RUSAL’s statement regarding Nevis court decision

Feb 28, http://rusal.ru/en/news_details.aspx?id=6873

On 27 February 2011 the court in Nevis discharged the injunction obtained by RUSAL on 3 February 2011.

Originally, the hearing was set for 2 March 2011 before the judge who granted the injunction on 3 February 2011.

However, without explanation or proper notice, Judge Edward Bannister, who normally sits in the BVI, was flown in to Nevis on February 24th to substitute for the regular Nevis judge without proper notice to RUSAL and in highly unusual circumstances.

Unusually, Judge Bannister held the hearing on February 25, 26 and 27 which is Friday, Saturday and Sunday. The formal notice of the hearing was received by RUSAL's lawyer in Nevis via email at 8.52 PM on February 24th. The hearing commenced at 9 am on February 25th without RUSAL's leading counsel present because leading counsel could not physically arrive to Nevis from London in time for this court hearing, due to the short notice.

RUSAL's lawyer in Nevis had to stand in court by himself Friday and Saturday without leading counsel present.

RUSAL is particularly concerned about the highly unusual manner in which this matter proceeded. RUSAL will consider all lawful avenues available to it, including appeal, once a written decision is handed down by Judge Bannister.

RUSAL wishes to make it clear that it will press forward with its substantive case in the Nevis court which is still pending. This case includes a claim for conspiracy to cause harm to RUSAL and a claim for procurement for a breach of contract.

RUSAL remains of the view that Corbiere and Raleigh should not be entitled to vote their shares in Norilsk as this will further the attempts by Norilsk's management and Interros to gain greater control over Norilsk to the detriment of all of its shareholders.

Russia: US Federal Court Orders The Bank of New York Mellon to Provide Norilsk Evidence to RUSAL

Mar 10, http://rusal.ru/en/news_details.aspx?id=6880

On 9 March 2011, the US Federal District Court for the Southern District of New York granted RUSAL’s application for discovery from Bank of New York Mellon (“BoNY”).

The court ordered BoNY to produce all documents concerning the Trafigura Transactions and the Buy-Back, whether those documents are located in the U.S. or abroad. He directed BoNY to turn over to RUSAL for inspection all documents reflecting any instructions it received from Norilsk or Interros regarding voting of Norilsk Nickel securities, and the identity of any persons who paid any fees to BoNY concerning the Buy-Back, the Trafigura Transaction, or any of the General meetings, among other topics. The US also ordered BoNY produce a corporate representative to RUSAL’s counsel’s office for a deposition no later than 30 March 2011 to testify regarding all topics requested by RUSAL, which include the voting of Norilsk securities and the Buyback and Trafigura transactions, among other things.

RUSAL is looking forward to receiving the information in BoNY’s possession to further support its claims in Russia, England and Nevis.

Russia: Volga Gas in court win

Mar 1, http://www.upstreamonline.com/live/article246530.ece

UK-listed Volga Gas has won the third round of a legal dispute with Trans Nafta subsidiary Gazneftedobycha to recover a payment of 640 million roubles ($22 million) related to development of a Russian gas field.

Russian courts to admit foreign lawyers

Mar 28, http://english.ruvr.ru/2011/03/28/48074901.html

Pursuant to its regulations and as part of preparations for the country's upcoming WTO accession, the Federal Chamber of Lawyers should do away with all work restrictions for foreign legal advisers at civil and arbitration courts. Until now, their scope of work was limited to providing consultations only on their homeland's legal issues. Technically, the Russian act on the practice of law itself allowed foreign lawyers to obtain an associate status, but their further activity was banned by the Federal Chamber of Lawyers

Russian Potash Merger in Hiatus

Mar 4, http://www.ibtimes.com/articles/118782/20110304/russian-potash-merger-in-hiatus.htm

The merger between Russian potash miners Uralkali (LON:URKA) and Silvinit (PINK:SLVNF) has been put on hold, after an arbitration court in Russia agreed to hear minority shareholder Acron's complaints.

Shell muscles in on BP's Russian deal

Mar 26, http://www.thisismoney.co.uk/markets/article.html?in_article_id=527259&in_page_id=3&position=moretopstories

News of Shell's intervention comes as BP is reeling from an arbitration court ruling by a Swedish panel in London that upheld the objection by the oligarchs in TNK-BP to the £6.3bn tie-up with Rosneft.

Scotland: Opening of Scottish Arbitration Centre

Mar 15, http://www.scottisharbitrationcentre.org/

Partner-led international arbitration centre will boost Scottish economy - Scotland is now well positioned to be a world leader in the lucrative international arbitration scene, Scottish Government Ministers announced today.

Community Safety Minister Fergus Ewing and Enterprise Minister Jim Mather spoke as they visited the Edinburgh headquarters of the newly formed Scottish Arbitration Centre, which will promote Scottish arbitration, and build on the Arbitration (Scotland) Act 2010 coming into force to give Scotland a world class legal framework for arbitration.

The partnership brings the Scottish Government together with the Chartered Institute of Arbitrators, the Faculty of Advocates, the Law Society of Scotland and the Royal Institute of Chartered Surveyors.

Singapore Maritime Foundation: Chinese, Japanese versions added to Singapore ship sale form

Mar 3, http://cnbusinessnews.com/chinese-japanese-versions-added-to-singapore-ship-sale-form/

The SSF also makes Singapore the default seat of arbitration for disputes, which will help Singapore achieve its aspiration of turning itself into a maritime arbitration hub.

South Africa: Nationalisation - National Union of Mineworkers' (NUM) comment on ANCYL position

Mar 11, http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71654?oid=225764&sn=Detail&pid=71616

Union says applicants for mining rights should allocate 60% of shares to state-owned mining company

The ANCYL released a discussion document on Nationalization of the Mines (Umrabulo no. 33). The document in the first sections deals with research, political and ideological conceptions - with this portion of the document the Union is of the view that there is no need to engage with facts and ideological perspectives that are known and acceptable. What should be engaged with are the sections "Why Mines should be nationalized" and "What is to be done".

In the debate, the ANCYL managed to bring back to the discussions and focus of the movement the question of nationalization and the need to have the Freedom Charter as central to the economic policies of the ANC and government.

South Sudan, Donor and IFC Partnership Supports Development of Vibrant Private Sector

Feb 28, http://www.ifc.org/ifcext/media.nsf/content/SelectedPressRelease?OpenDocument&UNID=906103283C454F2185257845004FE5AE

Juba, Sudan, February 28, 2011-The government of South Sudan, with the support of donors, IFC and the World Bank Group, today launched an important partnership program that will support the development of the country's private sector. South Sudan is counting on a viable private sector to contribute to its reconstruction and development as a newly independent state.

Spain: International PV Investors Demand Compensation or Repeal for Retroactive Spanish PV Tariff Changes Under International Investment Treaty

Mar 8, http://www.finanznachrichten.de/nachrichten-2011-03/19578568-international-pv-investors-demand-compensation-or-repeal-for-retroactive-spanish-pv-tariff-changes-under-international-investment-treaty-007.htm

PRESS RELEASE Allen & Overy - London, Madrid (ots) - International investors have served demands on the Spanish government seeking reparation under an international investment treaty for Spain's retroactive changes to the solar photovoltaic (PV) tariff regimes. This is only the second time that the Energy Charter Treaty has been used against an EU15 country. The investors, represented by the international law firm Allen&Overy, have invested in over EUR4 billion of Spanish PV projects. The investors include strategic investors and energy, infrastructure and cleantech funds. These investors manage over $30 billion on behalf of more than 70 workers' pension plans and other institutional and individual investors, who collectively manage over $3 trillion in capital for global investment.

Switzerland-US: Ruling Issued in Midas-MESA/Mobivia Group Arbitration

Mar 3, http://www.midasinc.com/phoenix.zhtml?c=111698&p=irol-newsArticle&ID=1535813&highlight=

A ruling has been issued today by the arbitral tribunal based in Geneva, Switzerland, in the arbitration between Midas, Inc. (NYSE:MDS) and its European licensee MESA S.p.A. and Mobivia Group S.A. (formerly known as Norauto Groupe).

MESA had filed a request for arbitration on June 12, 2009, seeking damages of up to EUR 256 million from Midas, claiming breach of a 1998 agreement of strategic alliance (ASA) agreement and requesting termination of the license agreement under which royalty payments are paid to Midas. Under terms of ASA, disputes are to be settled by binding arbitration in Geneva, Switzerland, under the UNCITRAL Arbitration Rules.

In the ruling announced today, Midas prevailed in its defense of the vast majority of claims that MESA and Mobivia had asserted as to Midas' obligation to invest under the ASA in Midas Europe.

The tribunal has awarded MESA EUR 17.45 million (approximately US $23.4 million) plus interest of five percent from June 12, 2009, in connection with MESA's claim that Midas failed to cooperate in the improvement of IT systems in the European operations.

Because MESA failed to prevail in the majority of its claims, the tribunal ordered MESA to pay 85 percent of Midas' legal and other arbitration expenses and Midas to pay 15 percent of MESA's expenses, resulting in MESA being required to pay Midas approximately EUR 1.6 million (approximately US $2.3 million).

The damages payable to MESA will be offset by EUR 1.5 million (US $2.1 million) in Midas Europe license fee payments due to Midas that have been held in escrow pending the outcome of the arbitration.

Under the ruling, the license agreement between Midas and MESA continues in full force and the license fee royalty stream will continue uninterrupted.

"While Midas is disappointed in the awards to MESA, we are pleased to have successfully defended the vast majority of claims we had faced and to have resolved this arbitration issue with the license agreement in full force. Now, we can devote all of our efforts and resources on managing our ongoing business," said Alan D. Feldman, Midas' chairman and chief executive officer.

Feldman said Midas is evaluating if there is any basis to challenge the awards in the Swiss Court system.

Under U.S. GAAP accounting standards, Midas will be required to reflect the damages award as a charge in fiscal 2010. The earnings release issued on March 3, 2011 should therefore not be relied upon, as it does not include the impact of the damage award.

The company expects that the accrual of this award will have an approximate $23.0 million negative impact on operating income, an approximate $12.0 million negative impact on net income, and an approximate $0.85 negative impact on earnings per share for both the fourth quarter and full-year 2010 results.

At the end of fiscal 2010, the company had $62.7 million outstanding under its $125 million revolving line of credit. While sufficient availability would otherwise exist to fund the award, the recording of this loss will cause the company to violate certain financial covenants under the credit agreement which would cause a default, thereby preventing Midas from drawing on its revolver. The company has notified all of its lenders that it will need a waiver of this violation. The company believes it has a favorable relationship with its lenders, and believes that the lenders will accommodate this request, although there can be no guarantee that Midas will receive the requested waivers.

Midas is one of the world's largest providers of automotive service, offering brake, maintenance, tires, exhaust, steering and suspension services at more than 2,300 franchised, licensed and company-owned Midas shops in 15 countries, including more than 1,500 in the United States and Canada. Midas also owns the SpeeDee Oil Change business, with 171 auto service centers in the United States and Mexico.

Tanzania: Court issues stop order on Dowans plant

Mar 3, http://thecitizen.co.tz/component/content/article/37-tanzania-top-news-story/8735-court-issues-stop-order-on-dowans-plant.html

The High Court yesterday issued an order barring the government and owner of the Dowans electricity generators from interfering with the plant, including switching it on to produce power, without the court's permission.

Thailand: Arbitration panel rejects CAT's DPC tax compensation claim; CAT to appeal

Mar 10, http://www.telegeography.com/cu/article.php?article_id=36427&

Thailand's largest cellco by customers, Advanced Info Service (AIS), revealed yesterday that a state arbitration panel has dismissed state-owned CAT Telecom's claims for an additional THB3.4 billion (USD112.4 million) in compensation for loss of revenue-sharing earnings under the build-transfer-operate (BTO) concession issued by CAT to AIS' wholly-owned subsidiary Digital Phone Company (DPC).

Trades Union Congress UK: Act now for a fair EU investment policy!

Mar 3, http://www.tuc.org.uk/international/tuc-19244-f0.cfm

In March and April this year the European Parliament will vote on a new set of rules for investors when operating abroad. Yet the draft policy on the table looks like a one-sided charter of investor's rights that will limit the ability of governments' to regulate business for the public good.

We need to urgently let Parliamentarians in Brussels know that we want a balanced EU investment policy for decent work and sustainable development.

UK: English Commercial Court Denies Telenor Request for Injunction March 17, 2011 Shareholders Meeting to Be Held As Planned

Mar 1, http://www.vimpelcom.com/pr/pr.wbp?id=fd778924-e25f-4f0a-983a-60c7d136b388

Amsterdam and New York (March 1, 2011) - VimpelCom Ltd. (“VimpelCom” or the “Company”) (NYSE: VIP) today announced that it welcomes the English Commercial Court’s decision which will allow the March 17, 2011 Special General Meeting of Shareholders (the “SGM”) to go forward as planned. The Court denied Telenor’s request that the Court grant an injunction preventing the SGM from occurring unless VimpelCom agreed to issue pre-emptive shares to Telenor. The Court also refused to accept Telenor’s alternative request to have pre-emptive shares issued to it in escrow pending the outcome of the arbitration initiated by Telenor.

Telenor commenced the arbitration on January 28, 2011 for the stated purpose of enforcing its alleged pre-emptive rights under the VimpelCom shareholders agreement with respect to the shares to be issued in connection with the combination of VimpelCom and Wind Telecom S.p.A. (the “Transaction”). VimpelCom’s Supervisory Board decided at its January 16, 2011 meeting that neither Telenor nor Altimo is entitled to pre-emptive rights in connection with the Transaction.

In connection with the proceedings before the English Commercial Court, VimpelCom, Altimo and Weather Investments II S.a.r.l. have agreed to give certain undertakings to the Court in order to help (a) ensure that Telenor will receive its pre-emptive shares should the arbitration tribunal ultimately find in Telenor’s favor and (b) protect Telenor’s voting stake from dilution below 25% plus one share between the closing of the Transaction and the resolution of the arbitration proceeding.

Alexander Izosimov, the CEO of VimpelCom, said: “We are pleased that the Court agreed with VimpelCom on the importance of allowing the shareholders to cast their vote on March 17. VimpelCom believes strongly in the merits of this transaction and is committed to continuing to act in the best interests of all shareholders.”

The SGM is scheduled to take place on March 17, 2011 to approve the issuance of up to 325,639,827 VimpelCom common shares and 305,000,000 convertible preferred shares and the increase of VimpelCom’s authorized share capital needed to complete this Transaction.

VimpelCom’s Supervisory Board and Management Board recommend that shareholders vote “FOR” the proposals by signing, dating and returning the WHITE voting card received from the Company.

UK: VimpelCom, Altimo, Telenor and Weather Give Undertakings to the Court in Substitute for an Injunction

Mar 1, http://www.telenor.com/en/news-and-media/press-releases/2011/vimpelcom-altimo-telenor-and-weather-give-undertakings-to-the-court-in-substitute-for-an-injunction

VimpelCom Ltd., Altimo Holdings & Investments Ltd., Telenor and Weather Investments II S.à.r.l., the principal shareholder of Wind Telecom S.p.A., today gave undertakings to the Commercial Court in London in order to avoid an injunction being granted. By the undertakings, VimpelCom, Altimo and Weather have agreed to take all necessary actions to cause Telenor's pre-emptive right shares to be promptly issued if the arbitration tribunal grants an award in Telenor's favor.

These undertakings have the same force as an injunction in England, and any breach of the undertakings would be a contempt of Court. Telenor commenced an arbitration proceeding on 28 January 2011 against VimpelCom and Altimo under the VimpelCom Shareholders Agreement in order to protect Telenor's pre-emptive rights in the context of VimpelCom's proposed acquisition of Wind Telecom. Telenor petitioned the Court to provide injunctive relief to protect its voting stake in VimpelCom pending completion of the arbitration proceedings and to ensure that an arbitral award in Telenor's favor can be enforced (as further discussed in Telenor's press releases of 31 January 2011 and 7 February 2011).

VimpelCom, Altimo, Telenor and Weather also gave undertakings to the Court, conditioned on the arbitration tribunal granting an award in Telenor's favor, that Telenor be awarded damages in the amount of lost dividends on the pre-emptive right shares, which amount can be set off against Telenor's purchase price for the pre-emptive right shares. Further, during a one-year period from today (or such other period as the arbitration tribunal will determine), the following undertakings were given:

- Altimo agreed that it would not to take any action, including transferring its shares, that would cause Telenor and Altimo's combined voting percentage in VimpelCom to fall below a simple majority;
- Telenor agreed that it would not transfer its VimpelCom shares; and
- VimpelCom, Altimo and Telenor agreed not to undertake, or cause VimpelCom to undertake, any acquisition, M&A Transaction, share issuance or other action that would dilute Telenor below 25% or that would cause Telenor and Altimo's combined ownership to fall below a simple majority of VimpelCom's voting shares, provided that Telenor has exercised all rights available to it under the VimpelCom Shareholders Agreement to maintain its voting stake in VimpelCom.

VimpelCom, Telenor and Altimo also agreed to enact stop-orders on Telenor and Altimo's shares on VimpelCom's share register in order to ensure compliance with the agreed transfer restrictions.

"Telenor is pleased with the Court's determination to accept undertakings from VimpelCom, Altimo and Weather, which stand in place of an injunction and which we believe will ensure Telenor is able to enforce any arbitration award in its favor and, ultimately, receive the pre-emptive right shares to which it is entitled. Telenor remains confident that the arbitration tribunal will recognize Telenor's right to receive the pre-emptive right shares if VimpelCom's proposed acquisition of Wind Telecom is completed," said Telenor spokesman Dag Melgaard.

Ukraine: Naftogaz returns about 7 billion cubic meters of gas to RosUkrEnergo

Mar 1, http://www.interfax.com.ua/eng/eco/62310/

Naftogaz Ukrainy, in pursuance of a ruling by the Arbitration Institute of the Stockholm Chamber of Commerce, has returned about seven billion cubic meters of natural gas to Swiss-registered gas trader RosUkrEnergo, Naftogaz CEO Yevhen Bakulin told reporters on Tuesday on the sidelines of the Ukrainian energy forum organized by the Adam Smith Institute.

Ukraine: signing of the draft law #8053 may be considered as the hidden expropriation

Mar 25, http://www.agrimarket.info/showart.php?id=105794

Ukrainian Grain Association appeals to the members of the Parliament to decline the draft law #8053* due to its discordance with the national legislation of Ukraine, and also to the standards of the International Law. The above stated law project limits the range of the business entities, which are allowed to export the commodities by the direct agricultural producers within the volumes of own production, and the Government Agent for export provision of the objects of the state price regulation.

US: Drinks Americas Wins Arbitration Judgment Against Liquor Group

Mar 8, http://finance.yahoo.com/news/Drinks-Americas-Wins-pz-1939588420.html

Drinks Americas Holdings, Ltd. today announced that on March 7, 2011, the Company received notice of an arbitration award to Drinks Americas, totaling $664,659.05 in the matter of Liquor Group and or Liquor Group Holdings vs. Drinks Americas.

US: Starbucks won an appeals court ruling last month that upholds a decision allowing it to end a deal under which Kraft Foods Inc.

Mar 10, http://balimetro.com/green-mountain-soars-on-starbucks-k-cup-coffee-distribution-deal/

Starbucks won an appeals court ruling last month that upholds a decision allowing it to end a deal under which Kraft Foods Inc. (KFT) distributed Starbucks coffee to grocery stores. Kraft sued in December to prevent Starbucks from ending the arrangement prior to arbitration. In January, U.S. District Judge Cathy Seibel rejected Kraft's contention that it would be irreparably harmed if Starbucks were to end the agreement.

Uzbekistan opposes Pakistan's plan to import electricity from Tajikistan

Mar 15, http://www.hydroworld.com/index/display/news_display.1379057516.html

.... warned of legal complications for Pakistan in its ongoing case in the UN-constituted International Court of Arbitration (COA) against India against controversial construction of Kishenganga project because India had also not shared its TEIA with Islamabad."The position of Uzbekistan on water issues is based on international laws and norms.

Uzbekistan: Oxus Gold seeking international arbitration in dispute with Uzbek govt

Mar 3, http://online.hemscottir.com/servlet/HsPublic?context=ir.access&ir_option=RNS_NEWS&item=612047872084409&ir_client_id=4252

Oxus Gold refers to the recent announcement of discussions between its wholly owned subsidiary, Oxus Resources Corporation and the Uzbek shareholders of Amantaytau Goldfields to acquire ORC's 50% owned stake in the AGF joint venture. As previously announced, the Uzbek shareholders, being Uzbek State owned entities, had agreed, in principle, to acquire ORC's 50% shareholding in AGF for cash, at a price to be agreed.

Since the above announcement, AGF has been subjected to an extensive audit of the financial and economic activities of AGF by an audit commission appointed by the Ministry of Finance in Uzbekistan. The practices employed by the audit commission have led the Directors to conclude that there is no evaluation of the assets taking place in good faith and there is a risk of the audit committee using the process to find reasons to justify putting AGF into liquidation. Accordingly, Oxus has now appointed Amsterdam & Peroff LLP, as legal counsel who specialise in dealing with disputes involving Sovereign States, to act on its behalf and A&P today advised the Government of Uzbekistan that Oxus intends to move directly to international arbitration to protect the interests of shareholders of Oxus, in the event that an agreement cannot be reached to dispose of ORC's shareholding in AGF for fair value or where there is any attempt to force AGF into liquidation.

Shareholders will continue to be advised of any further material developments in respect of AGF as and when they occur.

Oxus further announces that Richard Wilkins, the Finance Director, has for personal reasons resigned as a Director of Oxus with immediate effect.

Richard Shead, Chairman of Oxus, said:

"We still hope that an agreement can be reached with the Uzbek State in respect of the disposal of ORC's shareholding in AGF for fair value and, failing that, the Company will be left with no choice but to proceed to international arbitration. Further, the Board would like to thank Richard for his commitment to Oxus over the years and it is with regret that the Board accepted his resignation."

Venezuela: Crystallex's Request for Arbitration Registered by the World Bank's ICSID

Mar 10, http://www.crystallex.com/News/PressReleases/PressReleaseDetails/2011/Crystallexs-Request-for-Arbitration-Registered-by-the-World-Banks-ICSID1124467/default.aspx

Crystallex International Corporation announced today that its February 16, 2011, 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") has been registered by the Secretary General of ICSID.

The arbitration, 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"), was commenced by Crystallex following the Venezuelan Government's failure 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 Las Cristinas Mine Operation Contract ("MOC").

Crystallex's claim is for breach of the Treaty's protections against expropriation, unfair and inequitable treatment and discrimination. Crystallex is seeking restitution by Venezuela of Crystallex's investments, including the MOC, the issuance of the Permit to develop Las Cristinas and compensation for interim losses suffered, or alternatively full compensation for the value of its investment in excess of US$3.8 billion.

The details of the registration are available on ICSID's website at http://icsid.worldbank.org/ICSID/.

Venezuelan government takes control of steel foundry Acerven

Mar 7, http://www.steelguru.com/international_news/Venezuelan_government_takes_control_of_steel_foundry_Acerven/194621.html

BNamericas reported that the Venezuelan government has taken control of steel foundry Acerven.

See also "Venezuela Roils Multinationals" ... Drilling rig supplier Helmerich & Payne Inc. last year was expropriated from Venezuela after operating in the country for 50 years, a spokesman said. Mr. Chávez also threatened the expropriation of Japanese auto maker Toyota Motor Corp. ... http://online.wsj.com/article/SB10001424052748704076804576180772710245068.html

Zimbabwe's Biti Says Indigenization Law Not Nationalization

Mar 8, http://www.businessweek.com/news/2011-03-08/zimbabwe-s-biti-says-indigenization-law-not-nationalization.html

Zimbabwe's indigenization and empowerment law doesn't allow for expropriation of companies or or mean nationalization, said Tendai Biti, the southern African country's finance minister.

Zimbabwe: Govt tries to lure investment despite mounting violence

Mar 9, http://www.thezimbabwean.co.uk/index.php?option=com_content&view=article&id=37886:govt-tries-to-lure-investment-despite-mounting-violence&catid=31:weekday-top-stories&Itemid=30

The three principals in the coalition government, Robert Mugabe, Morgan Tsvangirai and Arthur Mutambara, on Tuesday launched a two day investment conference in Harare. The conference, aimed at reassuring potential investors that Zimbabwe is a safe investment haven, comes as Mugabe’s ZANU PF party has in recent weeks intensified their violent campaign against perceived MDC supporters and increased its threats to seize international companies.

Zimbabwe: Political Doubt Hits

Mar 2, http://online.wsj.com/article/SB10001424052748703749504576172200010790970.html

A daily stream of multinational executives ask Zimbabwe's Industry and Commerce minister the same question: Does President Robert Mugabe plan to seize my company?

Emmsons International Ltd Announces Arbitration Tribunal Award

Mar 25, http://www.reuters.com/finance/stocks/keyDevelopments?symbol=EMMS.BO

Emmsons International Ltd announced that an arbitration tribunal has issued an award of USD8,033,375 against the Company in arbitration proceedings held in London against one of its supplier.

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    [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.

JOBS / MOVES

Dr Beata Gessel Appointed President of the Court of Arbitration At Pkpp Lewiatan

Mar 9, http://www.sadarbitrazowy.org.pl/en/news;id-53

On 7 March 2011, the Board of the Polish Confederation of Private Employers Lewiatan named Dr Beata Gessel-Kalinowska vel Kalisz, Managing Partner at GESSEL, President of the Lewiatan Court of Arbitration (effective 8 April), at which she has been an arbitrator (since 2005) and a Vice President.

BOOKS

International Commercial and Marine Arbitration

Georgios Zekos

Publisher: Routledge-Cavendish
Binding: Paperback reissue
ISBN13: 9780415677820
Published: July 2011

International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.

ICSID

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

Available at http://bit.ly/ICSID

New: Crystallex International Corporation v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/2)

Registered March 09, Tribunal not yet constituted, http://www.crystallex.com/News/PressReleases/PressReleaseDetails/2011/Crystallexs-Request-for-Arbitration-Registered-by-the-World-Banks-ICSID1124467/default.aspx

New: Bawabet Al Kuwait Holding Company v. Arab Republic of Egypt (ICSID Case No. ARB/11/6)

Chemical products enterprise, Registered March 18, 2011. Tribunal not yet constituted

New: National Gas S.A.E. v. Arab Republic of Egypt (ICSID Case No. ARB/11/7)

Gas pipelines construction and operation agreement, Registered March 22. Tribunal not yet constituted

Award: Cargill, Incorporated v. United Mexican States (ICSID Case No. ARB(AF)/05/2)

Award (Sep 18, 2009) available at http://bit.ly/ICSID

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

Available at http://bit.ly/ICSID

Award: Vattenfall AB, Vattenfall Europe AG, Vattenfall Europe Generation AG v. Federal Republic of Germany (ICSID Case No. ARB/09/6)

Award embodying the parties' settlement agreement rendered on March 11, 2011.

Outcome of Proceeding: Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru (ICSID Case No. ARB/03/28)

The ad hoc Committee renders its decision on the application for annulment on March 1, 2011.

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

Decision on the interpretation of the award rendered on March 7, 2011. Available at http://bit.ly/ICSID

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

Decision on the Proposal for the Disqualification of a Member of the Arbitral Tribunal (Dec 23, 2010) made available at http://bit.ly/ICSID

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

Award rendered on March 28, 2011; attached to the Award is a Dissenting Opinion by one of the arbitrators.

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

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

Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud v. Democratic Republic of the Congo (ICSID Case No. ARB/10/4)

Status of Proceeding: Claimant files a counter-memorial on jurisdiction on March 25, 2011

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

Status of Proceeding: Respondent files a counter-memorial on the merits on March 25, 2011

Total S.A. v. Argentine Republic (ICSID Case No. ARB/04/1)

Status of Proceeding: Tribunal holds a hearing on procedural matters in Washington, D.C. on March 28, 2011

Flughafen Zürich A.G. and Gestión e Ingenería IDC S.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/19)

Tribunal Constituted: March 24, 2011. Composition: Juan Fernández-Armesto, Henri C. Álvarez, Raúl E. Vinuesa.

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

Status of Proceeding: Tribunal issues a decision on production of documents on March 24, 2011

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

Status of Proceeding: Claimant files a reply on the merits on March 24, 2011

Total S.A. v. Argentine Republic (ICSID Case No. ARB/04/1)

Status of Proceeding: Claimant files a response to the Respondent's observations of February 28, 2011 on March 24, 2011

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

Status of Proceeding:
- Respondent files further observations on the proposal for disqualification of an arbitrator on March 22, 2011
- Claimant files further observations on the proposal for disqualification of an arbitrator on March 24, 2011

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

Status of Proceeding: Tribunal holds a first session and a hearing on provisional measures in Washington, D.C. on march 21, 2011

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

Status of Proceeding: Tribunal issues a decision on jurisdiction on March 22, 2011

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

Status of Proceeding: Tribunal issues a procedural order concerning a non-disputing party submission on March 23, 2011 http://bit.ly/ICSID

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

Status of Proceeding: Tribunal issues a procedural order concerning production of evidence on March 21, 2011

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

Constitution of Ad hoc Committee, March 21. Composition: Bernard Hanotiau, Rolf Knieper, Abdulqawi Ahmed Yusuf

Spyridon Roussalis v. Romania (ICSID Case No. ARB/06/1)

Status of Proceeding: Tribunal holds a hearing on jurisdiction and merits in Paris March 14-19, 2011

EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A. v. Argentine Republic (ICSID Case No. ARB/03/23)

Status of Proceeding: Tribunal issues a procedural order concerning the admissibility of new evidence on March 19, 201

KT Asia Investment Group B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/09/8)

Status of Proceeding: Respondent files a memorial on jurisdiction on March 18, 2011

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

Status of Proceeding: Claimant files a renewed request for production of documents on March 16, 2011

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

Status of Proceeding: Claimant files further observations on the proposal for disqualification of an arbitrator on March 9, 2011

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

Status of Proceeding: Claimant files a rejoinder on jurisdiction on March 2, 2011

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

Status of Proceeding: Respondent files a reply on jurisdiction on March 10, 2011

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

Status of Proceeding: Tribunal holds a hearing on liability in Paris on March 8-11, 2011

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

Status of Proceeding: Tribunal holds a hearing on jurisdiction in Paris on March 4-5, 2011

Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. ARB/06/11)

Status of Proceeding: Tribunal issues a procedural order concerning the production of further expert evidence on March 11, 2011

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

Status of Proceeding: Respondent files a response to the Claimant's observations of March 7, 2011 on March 8, 2011

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

Status of Proceeding: Claimants file a memorial on the merits on March 4, 2011

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

Status of Proceeding: Tribunal issues a decision on production of documents on March 8, 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 logistics of document inspection on March 10, 2011

Asset Recovery Trust S.A. v. Argentine Republic (ICSID Case No. ARB/05/11)

Status of Proceeding: Respondent files a reply post-hearing brief on March 2, 2011

Total S.A. v. Argentine Republic (ICSID Case No. ARB/04/1)

Status of Proceeding: each party files observations on the other party's submission on quantum on February 28, 2011

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

Status of Proceeding: Respondent files a response on Claimant's observations of March 7, 2011 on March 8, 2011

Víctor Pey Casado and President Allende Foundation v. Republic of Chile (ICSID Case No. ARB/98/2)

Status of Proceeding: Claiments file a rejoinder on annulment on February 28, 2011

Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud v. Democratic Republic of the Congo (ICSID Case No. ARB/10/4)

Status of Proceeding: Tribunal issues a procedural order concerning the Respondent's request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended on March 1, 2011

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

Status of Proceeding: Claimants file observations on the Respondent's response of February 21, 2011 on February 28, 2011

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

Status of Proceeding: Claimant files a reply on the merits on February 28, 2011

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

Status of Proceeding: Respondent files a renewed request for production of documents on February 25, 2011

Antoine Goetz and others v. Republic of Burundi (ICSID Case No. ARB/01/2)

Status of Proceeding: Claimants reiterate their request of February 17, 2011 on February 22, 2011

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

Status of Proceeding: Claimant files further observations on the proposal for disqualification of an arbitrator on March 14, 2011

FTR Holding S.A. (Switzerland), Philip Morris Products S.A. (Switzerland) and Abal Hermanos S.A. (Uruguay) v. Oriental Republic of Uruguay (ICSID Case No. ARB/10/7)

Tribunal Constituted: March 15. Composition: Piero Bernardini; Gary B. Born; James R. Crawford

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

Status of Proceeding: Respondent files a reply on jurisdiction on March 14, 2011

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

Status of Proceeding: Tribunal issues a decision concerning suspension of the proceeding on March 21, 2011

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

Status of Proceeding: Tribunal issues a decision concerning suspension of the proceeding on March 21, 2011