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

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issue #06, week 22. 02 June 2011
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM

TDM Recently published

• Rationalizing Costs in Investment Treaty Arbitration (S.D. Franck) - Article review
• International Commercial Arbitration - An Asia-Pacific Perspective (S. Greenberg, C. Kee, J. Romesh Weeramantry) - Book review
• The Standard of Interpretation Applicable to Consent and its Revocation in Investment Arbitration
• Consent to ICSID Arbitration: Recent Conventional and Arbitral Practice
• The Enforcement of ICSID Awards Before Argentine Courts
• Take the Witness: Cross-Examination in International Arbitration (L.W. Newman, B.H. Sheppard Jr. eds.) - Book review

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

Young-OGEMID virtual symposia

Young-OGEMID is a free listserv associated with our Transnational Dispute Management law journal for Students and (junior) Associates - you can apply for your free membership here: www.transnational-dispute-management.com/young-ogemid/

Call for contributions

• Special Issue on Mergers and Acquisitions (M&A) Disputes and International Arbitration
  Editor: Beata Gessel-Kalinowska vel Kalisz; Reviewers: Cecilia Carrara & Luminita Popa
• Special Issue on Sanctions and International Arbitration: Impact on Substantive and Procedural Issues
  Editors: Ali Burney, Rinat Gareev, Kiran Nasir Gore, Prof. Joel Slawotsky, May Tai
• Special Issue on National Courts as a Forum for the Resolution of Disputes under Article 26 Energy Charter Treaty
  Editors: John Gaffney, Richard Happ, Lucia Raimanova, Anna-Maria Tamminen, Catharine Titi
• Special Issue on International Investment Arbitration - Environmental Protection and Climate Change Issues (Vol 4+)
  Editors: Prof. Dr A F M Maniruzzaman, Kiran Nasir Gore, Prof. Dr Stephen Minas
• Special Issue on The African Continental Free Trade Agreement (AfCFTA)
  Editors: J. Chaisse, J. Górski, E. Laryea, M.M. Mbengue, and K. Olaoye

Recent issues:

• TDM 5 (2018) - Strategic Considerations in Energy Disputes
• TDM 6 (2018) - FDI Moot 2018
• TDM 5 (2018) - Regular issue
• TDM 4 (2018) - Time and Cost Issues in International Arbitration
• TDM 3 (2018) - Sir Elihu Lauterpacht QC
• TDM 2 (2018) - International Commercial and Investment Disputes in and with India
• TDM 1 (2018) - Regular issue
• TDM 5 (2017) - FDI Moot 2017
• TDM 4 (2017) - Comparative and International Perspectives on Mediation in Insolvency Matters
• TDM 3 (2017) - One Belt One Road (OBOR)
• TDM 2 (2017) - Non-Legal Adjudicators in National and International Disputes
• TDM 1 (2017) - Regular issue
• TDM 6 (2016) - FDI Moot 2016
• TDM 5 (2016) - Latin America (vol. 2)
• TDM 4 (2016) - Africa
• TDM 3 (2016) - Three Centuries of Arbitration for Peace
• TDM 2 (2016) - Latin America
• TDM 1 (2016) - CETA
• TDM 7 (2015) - FDI Moot 2015
• TDM 6 (2015) - Regular issue
• TDM 5 (2015) - Yukos Special - OGEL 5 (2015) - Yukos Special
• TDM 4 (2015) - ArbitralWomen/TDM: Dealing with Diversity in International Arbitration
• TDM 3 (2015) - Renewable Energy Disputes - OGEL 3 (2015) - Renewable Energy Disputes
• TDM 2 (2015) - Arbitration in the Middle East: Expectations and Challenges for the Future
• TDM 1 (2015) - The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century
• TDM 6 (2014) - Dispute Resolution from a Corporate Perspective
• TDM 5 (2014) - FDI Moot 2014
• TDM 4 (2014) - CILS - 8th Biennial Symposium on International Arbitration and Dispute Resolution
• TDM 3 (2014) - Regular issue
• TDM 2 (2014) - The New Frontiers of Cultural Law: Intangible Heritage Disputes
• TDM 1 (2014) - Reform of Investor-State Dispute Settlement: In Search of a Roadmap
• TDM 6 (2013) - FDI Moot 2013
• TDM 5 (2013) - Art and Heritage Disputes in International and Comparative Law
• TDM 4 (2013) - Ten Years of Transnational Dispute Management
• TDM 3 (2013) - Corruption and Arbitration
• TDM 2 (2013) - EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges
• TDM 1 (2013) - Aligning Human Rights and Investment Protection
• TDM 5 (2012) - Legal Issues in Tobacco Control
• A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought
• TDM 5 (2011) - Resolving International Business Disputes by ADR in Asia
• TDM 4 (2011) - Contingent Fees and Third Party Funding in Investment Arbitration Disputes
• TDM 3 (2011) - Intersections: Dissemblance or Convergence between International Trade and Investment Law

NEWS

ICJ: Territorial and Maritime Dispute (Nicaragua v. Colombia) - The Court finds that the Application to intervene submitted by Honduras in the case cannot be gra

May 4, http://www.icj-cij.org/docket/files/124/16514.pdf

In its Judgment, the Court "By thirteen votes to two, Finds that the Application for permission to intervene in the proceedings, either as a party or as a non-party, filed by the Republic of Honduras under Article 62 of the Statute of the Court cannot be granted.

IN FAVOUR: President Owada; Vice-President Tomka; Judges Koroma, Al-Khasawneh, Simma, Keith, Sepúlveda-Amor, Bennouna, Cançado Trindade, Yusuf, Xue; Judges ad hoc Cot, Gaja;

AGAINST: Judges Abraham, Donoghue."

The Judgment of the Court was read by the President of the Court, Judge Hisashi Owada, at a public sitting held at the Peace Palace, The Hague, following another public sitting, at which the President had delivered the Judgment of the Court on whether it could grant another Application to intervene, submitted by Costa Rica.

ICJ: Request for interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - Request for the indication of provisional measures

May 19, http://www.icj-cij.org/presscom/index.php?pr=2355&pt=1&p1=6&p2=1

The Court to hold public hearings on Monday 30 and Tuesday 31 May 2011.

ICSID - Webcast Public Hearing: Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12)

May 18, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement89

ICSID webcast live a hearing in the above case on May 2-4, 2011.

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

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

Moldova Ratifies the ICSID Convention

May 9, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement88

Having signed the ICSID Convention on August 12, 1992, the Republic of Moldova deposited with the International Bank for Reconstruction and Development (the World Bank) an Instrument of Ratification of the Convention on May 5, 2011.

On its ratification of the Convention, Moldova notified the depositary (the World Bank)as follows

"Following Article 70 of the Convention, the Republic of Moldova specifies that the provisions of the Convention shall be applied only on the territory effectively controlled by the authorities of the Republic of Moldova.

Pursuant to Article 75 of the ICSID Convention, the World Bank has notified all ICSID Convention signatory States of Moldova's ratification

In accordance with its Article 68(2), the ICSID Convention will enter into force for Moldova on June 4, 2011.

ITLOS: The M/V "Louisa" Case (Saint Vincent and the Grenadines v. Kingdom of Spain) Extension of time-limits for the filing of the Memorial and Counter-Memorial

May 5, http://www.itlos.org/news/press_release/2011/press_release_165_en.doc

Hamburg, 5 May 2011. The President of the International Tribunal for the Law of the Sea has extended the time-limits for the filing of the Memorial and Counter-Memorial in The M/V "Louisa" Case (Saint Vincent and the Grenadines v. Kingdom of Spain).

Further to the request of the Agent of Saint Vincent and the Grenadines, and having ascertained the views of the Agent of Spain, by Order of 28 April 2011, the President has extended the time-limit for the submission of the Memorial of Saint Vincent and the Grenadines to 10 June 2011 and that for the submission of the Counter-Memorial of Spain to 10 November 2011

The subsequent procedure has been reserved for further decision

The text of the Order is available on the Tribunal's website.

Algeria-Spain: Gas Natural denies capital hike deal with Sonatrach

May 24, http://af.reuters.com/article/energyOilNews/idAFLDE74N08F20110524

Reuters - Spanish utility Gas Natural said on Tuesday it had not done a deal with Algeria's Sonatrach to let the gas supplier take a stake in the firm of up to 10 percent, but talks to resolve the pair's legal spat continued.

Angola: CNOOC Might Call Off Partnership with Pertamina in Angola

May 8, http://theindonesiatoday.com/news-headlines/9934-cnooc-might-call-off-partnership-with-pertamina-in-angola.html

China National Offshore Oil Corporation might call off a partnership with Indonesian national oil and gas company Pertamina in the development of Anglola block in Africa. CNOOC, according to Kontan.co.id, was upset with Pertamina's inconsistency in West Madura Offshore block.

Australia: Sydney arbitration growing

May 31, http://www.theaustralian.com.au/business/sydney-arbitration-growing/story-e6frg8zx-1226065977491

INTERNATIONAL companies locked in cross-border disputes are increasingly turning to Sydney to settle legal cases, according to data provided by the country's newly opened international arbitration centre.

Bangladesh approves fresh PSC signing with ConocoPhillips

May 23, http://www.thefinancialexpress-bd.com/more.php?news_id=136776&date=2011-05-24

The cabinet committee on economic affairs Monday approved afresh the signing of production sharing contract (PSC) with the US-based oil giant ConocoPhillips to initiate exploration in reduced areas of two deep water offshore blocks in the Bay of Bengal.

Bolivia: Glencore fears resource grabs but not Bolivia hit

May 5, http://www.reuters.com/article/2011/05/05/us-glencore-risks-idUSTRE7443RL20110505

Reuters - Glencore expects Bolivian moves to take more control of mines to be resolved soon without a major financial hit, but the world's biggest commodities trader is worried by growing resource nationalism.

Brazil: Casino files for ICC arbitration against Diniz

May 31, http://www.groupe-casino.fr/en/Notice-from-Casino.html

Casino has filed on 30 May 2011 a request for arbitration under ICC Rules against the Diniz Group, requesting notably theDiniz group to comply with and perform its obligations under the shareholders' agreement dated as of 27 November 2006 and relating to their common company Wilkes, the controlling shareholder of the Brazilian company CBD.

More info http://uk.reuters.com/article/2011/05/31/idUKLDE74U08Q20110531

Canada: Court clears way for Canada suit vs U.S. Steel

May 27, http://af.reuters.com/article/metalsNews/idAFN2710723020110527

Government argues U.S. Steel broke job-protection pledges; Company claims rights violated by Investment Act.

Congo: Global Witness: Court ruling a major step forward for case against Canadian mining company

Apr 28, http://www.globalwitness.org/library/court-ruling-major-step-forward-case-against-canadian-mining-company

Download court decision (French only):

http://www.globalwitness.org/sites/default/files/library/Anvil%20decision.pdf

Montreal - The Superior Court of Quebec has ruled today that the case against Canadian corporation Anvil Mining Limited in relation to alleged involvement in a 2004 massacre in the Democratic Republic of Congo can proceed to the next stage

The class action against Anvil Mining was filed in the District of Montreal on 8 November 2010 by The Canadian Association against Impunity, an organization representing survivors and families of victims of the Kilwa massacre. Anvil Mining is accused of providing logistical support to the Congolese army who raped, murdered and brutalised the people of Kilwa in a massacre in 2004. According to the United Nations, over 70 civilians died as a direct result of the military action, including some who were executed and thrown in mass grave

In his decision, Judge Benoît Emery dismissed Anvil Mining's attempt to have the case thrown out and concluded that there were sufficient links to Quebec to found the Quebec court's jurisdiction over the case. Judge Emery also dismissed Anvil Mining's argument that Quebec was not the appropriate forum and that the case should rather be brought in the DRC or Australia. Judge Emery stated

(translation) "In fact, at this stage of the proceedings, everything indicates that if the Tribunal dismissed the action on the basis of article 3135 C.C.Q.[which allows the court to decline jurisdiction if another forum is more appropriate], there would exist no other possibility for the victims to be heard by civil justice

Patricia Feeney, President of The Canadian Association against Impunity, said "We strongly welcome this decision. It represents a significant step forward in the process of trying to hold Anvil Mining to account and to bring some justice to the victims of the massacre and their families"

The court will now consider whether the case should be certified as a class action, allowing all those who suffered in Kilwa to bring claims against Anvil Mining. A hearing on the class certification is scheduled for June

The Canadian Association against Impunity is represented by the Montréal based firm Trudel & Johnston

Croatia, Slovenia submit border arbitration agreement to UN

May 27, http://www.setimes.com/cocoon/setimes/xhtml/en_GB/newsbriefs/setimes/newsbriefs/2011/05/27/nb-03

Croatia and Slovenia have submitted an arbitration agreement to UN Secretary-General Ban Ki-moon on their long-standing sea border dispute.

Czech Republic: Another foreign court accepts Diag Human's claim against Czech Republic

May 31, http://praguemonitor.com/2011/05/31/another-foreign-court-accepts-diag-humans-claim-against-%C4%8Dr

CTK - A Paris court acknowledged Diag Human firm's claim to ten billion crown compensation by the Czech Republic, the firm's lawyer Jan Kalvoda said yesterday.

Czech Republic: Arbitration begins over Kc 5.0 billion Binder claim

May 26, http://www.ceskapozice.cz/en/business/companies/arbitration-begins-over-kc-50-billion-binder-claim

A new high-stakes battle started in earnest this week in Prague over the second-biggest arbitration claim facing the Czech Republic

Egypt: Damac files international claim against Egypt

May 17, http://www.zawya.com/story.cfm/sidZAWYA20110517115814

The Chairman of Damac, one of the largest real estate development companies in the Middle East, through international law firm King & Spalding, has filed an international arbitration case against Egypt. Damac's Chairman, Hussain Sajwani, has brought the ICSID claim against Egypt under the bilateral investment treaty between the United Arab Emirates and Egypt, which protects investments made by UAE nationals in Egypt.

Egypt: Damac rejects Egyptian court verdict

May 12, http://www.khaleejtimes.com/DisplayArticle.asp?xfile=data/business/2011/May/business_May246.xml§ion=business&col=

DUBAI - The UAE's leading independent property developer Damac Properties on Wednesday rejected an Egyptian court ruling on its Red Sea resort land deal "as a gross miscarriage of justice", and said it would file an arbitration claim at the International Centre for Settlement of Investment Disputes, or ICSID.

European Court of Human Rights Judgement: Euro-court orders Russia to compensate Khodorkovsky

May 31, http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=885884&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649

... Holds

(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into Russian Roubles at the rate applicable at the date of settlement

(i) EUR 10,000 (ten thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage

(ii) EUR 14,543 (fourteen thousand five hundred and forty-three euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points

...

France: The Paris Court of Appeals rejects the appeals lodged by BioAlliance Pharma

May 31, http://www.spepharm.com/media/110531_%20BioAlliance%20appeals%20denied_HP.pdf

The Paris Court of Appeals rejects the appeals lodged by BioAlliance Pharma in a case against Spepharm Holding B.V. and SpeBio BV, and orders BioAlliance Pharma to refund in total € 500K of legal costs to the two companies.

Amsterdam, May 31, 2011. SpePharm Holding B.V. announces that the appeals lodged by BioAlliance Pharma S.A. - a French company listed on Paris Euronext - before the Paris Court of Appeals have been rejected.

On February 27th 2009 BioAlliance unilaterally and, in the opinion of SpePharm, wrongfully terminated the license agreement and the supply agreement both signed on 31 May 2007 with SpeBio B.V., a joint venture established between BioAlliance and SpePharm for the commercialization of Loramyc® in Europe (excluding France). SpePharm has filed counterclaims in excess of € 35 million against BioAlliance for wrongful termination and breaking up the joint venture, SpeBio.

In two decisions issued on May 5th, 2011, the Paris Court of Appeals upholds earlier decisions rendered in first instance, including an arbitral award rendered on April 8, 2010 by an Arbitral Tribunal of the International Chamber of Commerce (ICC) and an order of enforcement of such award rendered on May 17, 2010 by the President of the Tribunal de Grande Instance of Paris. On April 8, 2010, the ICC Arbitral Tribunal ordered, that, in the preliminary stage of the proceedings regarding jurisdiction issues, BioAlliance should reimburse € 334,000 of legal costs (plus interest) as a first payment to SpePharm and SpeBio. By dismissing the review action filed by BioAlliance against the award, the Court of Appeals now confirms that the ICC arbitral award is enforceable. In addition, the Court of Appeals ruled that BioAlliance must reimburse an additional € 160,000 of legal costs to SpePharm and SpeBio.

Commenting on the decision by the Paris Court of Appeals, Jean-Francois Labbé, Managing Director of SpePharm Holding B.V., stated that "these judgments are in line with our expectations. However it is sad to note that a company such as BioAlliance persists in its earlier approach of what appears to be a clear misbehavior that harms its partners. The judgments of the Court of Appeals make it clear to us that SpePharm has taken the right steps to defend its position and that of SpeBio, its joint venture with BioAlliance. We are confident regarding the further outcome of the remaining court cases."

The confirmation of earlier court decisions reinforces SpePharm's firm intention of asserting its rights in the ongoing litigation with BioAlliance over Loramyc® launch in Europe and over SpePharm's and SpeBio's damage claims.

France: BioAlliance Pharma filed an appeal to the French Supreme Court contesting a preliminary procedural decision on jurisdiction in the arbitration against SpePharm and SpeBio

June 1, http://news.morningstar.com/all/business-wire/20110601006837/bioalliance-pharma-filed-an-appeal-to-the-french-supreme-court-contesting-a-preliminary-procedural-decision-on-jurisdiction-in-the-arbitration-against-spepharm-and-spebio.aspx

The proceedings to the arbitral tribunal are still at a preliminary stage concerning the scope of its jurisdiction. This tribunal will have to rule on the relief sought by BioAlliance Pharma and the counterclaims of SpePharm and SpeBio.

Germany: Arbitral tribunal decides on details of Siemens' exit from Areva NP

May 19, http://www.siemens.com/press/en/pressrelease/index.php

On May 19, 2011, an arbitral tribunal of the International Chamber of Commerce (ICC) ruled on the modalities of Siemens' exit from the nuclear power joint venture Areva NP. According to the tribunal's ruling, Siemens had not fully met its contractual obligations toward its former joint venture partner Areva S.A. Consequently Siemens will have to pay Areva €648 million plus interest. In mid-March 2011, Areva paid the full purchase price based on a valuation report submitted a short time earlier, in which an independent expert had appraised Siemens' share in the Areva NP joint venture at a market value of €1.62 billion. Likewise in March 2011, Siemens transferred its stake in the joint venture to Areva. In connection with the sale, Siemens realized a profit of €1.52 billion before taxes in the second quarter of fiscal 2011. The payment now due to Areva will be recognized in Siemens' income statement for the third quarter of fiscal 2011.

The tribunal limited the term of the non-compete clause in the partnership agreement of the former joint venture to four years. Accordingly, the restriction on competition will run until September 25, 2013. The validity of the restriction on competition and its term are currently also being investigated by the European Commission

Proceedings had been ongoing since April 2009. Siemens had terminated its joint venture with Areva S.A. in early 2009 and completed the exit in March 2011.?

Germany: Eutelsat submitted a request for contract arbitration against Deutsche Telekom

May 13, http://www.spacenews.com/satellite_telecom/110513-eutelsat-leases-sat-protect-slot.html

The company also announced that on April 6 it submitted a request for contract arbitration with the International Chamber of Commerce against Deutsche Telekom. Media Broadcast of Germany, which purchased Deutsche Telekom's satellite business in 2008, is also a party to the arbitration.

Germany: Siemens ordered to pay AREVA 648 million euros in penalties

May 19, http://www.areva.com/EN/news-8903/siemens-ordered-to-pay-areva-648-million-euros-in-penalties.html

On January 27, 2009, Siemens announced its decision to pull out of AREVA NP, in which it held a 34% share.

In the days immediately following the announcement, representatives of the German company made no secret of the fact that Siemens had entered into negotiations with Russian group Rosatom for the creation a joint company which would operate in the nuclear sector

Within the context of the disagreement that opposed AREVA to Siemens when it decided to pull out of AREVA NP, AREVA took the matter to arbitration against Siemens on April 14, 2009

In its ruling announced today, the court of arbitration confirmed that Siemens was at fault and ordered it to pay AREVA 648 million euros in penalties

This corresponds to the full amount provided for in the event of violation of the shareholders' agreement signed by AREVA and Siemens in 2001, i.e. 40% of Siemens' share in AREVA NP. On March 18, 2011 an independent expert mandated jointly by the parties had estimated this share at 1.62 billion euros.

Ghana: EO Group fails to repay $61.7m debt to Kosmos

May 24, http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=208902

"If Kosmos Ghana is not paid, Kosmos Ghana would have a contractual claim against EO Group for the amounts owed under the EO Participation Agreement and our recourse would be to international arbitration", it says.

Ghana: Kosmos to pay $15 million fine

May 11, http://news.myjoyonline.com/news/201105/65554.asp

Kosmos Energy has agreed to pay a fine of $15 million to the Ghana Government for disclosing data on the Jubilee oil field without the government's consent.

Hong Kong: Boost for HK's development as an international arbitration hub

June 1, http://7thspace.com/headlines/384739/boost_for_hks_development_as_an_international_arbitration_hub.html

Hong Kong (HKSAR) - The Government will provide additional floor space at Two Exchange Square for the Hong Kong International Arbitration Centre (HKIAC) to expand its hearing and office facilities, the Secretary for Justice, Mr Wong Yan Lung, SC, announced today (June 1) at a reception jointly organised by the Department of Justice and HKIAC to promote arbitration.

India: Cairn Energy may give up non-compete fee on Vedanta deal

June 2, http://www.business-standard.com/india/news/cairn-energy-may-givenon-compete-feevedanta-deal/437551/

With cost recoverability of royalty on Barmer crude oil set to become a reality for Cairn India, its Edinburg-based parent Cairn Energy Plc might give up the non-compete fee on the multibillion-dollar deal with Vedanta Resources.

India: Cairn-Vedanta Deal Edges Closer to Approval

May 28, http://online.wsj.com/article/SB10001424052702304066504576350911252668634.html

MUMBAI - An Indian ministerial panel Friday recommended that a federal cabinet panel approve Vedanta Resources PLC's proposal to acquire a majority stake in Cairn Energy PLC's Indian unit with conditions, two people familiar with the development said Saturday.

India: Canoro withdraws HC appeal on PSC termination

May 22, http://www.business-standard.com/india/news/canoro-withdraws-hc-appealpsc-termination/436365/

Canadian company Canoro Resources has withdrawn its appeal from the division bench of the high court here against the March order of a single-judge bench refusing an injunction against the termination of its production sharing contract in an Assam oilfield.

India: Delhi HC issues notice on working of London Court of International Arbitration in Delhi

May 31, http://www.lawetalnews.com/NewsDetail.asp?newsid=4087

The High Court of Delhi has issued notice to the New Delhi branch of the London Court of International Arbitration (LCIA) on a petition seeking it to remove the word "London Court" from its name. The order of the court came over a petition filed by Chandrashekhar Pal on behalf of Association of Indian lawyers (AIL) alleging that the arbitration agency by using the word "London Court" in its name has tried to create an impression that it is a part of the London Municipal Court or English Legal machinery.

Indonesia Needs Reform to Remain An Attractive Investment Destination

May 24, http://www.thejakartaglobe.com/opinion/indonesia-needs-reform-to-remain-an-attractive-investment-destination/442690

The feisty debate between the House of Representatives and the finance minister over purchasing a stake in miner Newmont Nusa Tenggara points to broader issues facing Indonesian investment laws.

Iran gas delay not for price reasons

May 29, http://www.emirates247.com/business/iran-gas-delay-not-for-price-reasons-2011-05-29-1.398662

The delay of gas supply from Iran to the UAE under a contract signed nearly 10 years ago was because of technical not pricing reasons, the head of the company which signed the deal was quoted on Sunday as saying. Mohammed Hameed Jaafar, executive president of the Sharjah-based Crescent Petroleum, said an international arbitration over the delay is under way and a ruling is expected at the end of this year or by early 2012.

Isreal: Shalom provides NIS 1m. for business mediation center

May 5, http://www.jpost.com/NationalNews/Article.aspx?id=219269

Deputy Prime Ministry Silvan Shalom announced a NIS 1 million grant for the Jerusalem Arbitration Center on Tuesday, two days after Palestinian and Israeli business leaders announced the initiative to create a mediation alternative to the courts for settling business disputes.

Kazakhstan says can freeze Karachaganak gas project

May 18, http://www.reuters.com/article/2011/05/18/kazakhstan-karachaganak-idUSLDE74H01320110518

Kazakhstan will freeze further development of its most promising gas field, Karachaganak, if it fails to resolve its dispute with foreign shareholders of the project, the Kazakh oil and gas minister said on Wednesday.

Kazakhstan: World Wide Minerals Ltd. Comments on Kazakhstan Arbitration

http://www.worldwideminerals.com/news/110503.pdf

CANADA - World Wide Minerals Ltd. today commented on current developments in its long-running arbitration with Kazakhstan involving its investments in that country in 1996 - 1997. The issues in the arbitration relate to default by Kazakhstan in repaying loans made to Kazakhstan in 1996-1997 as well as losses suffered by World Wide in Kazakhstan and the net value of uranium deposits and related assets that World Wide had the right to acquire. The arbitration was commenced in 2006 and has been conducted under UN Arbitration Rules.

In October, 2008, World Wide appointed the initial arbitrator in a panel of three. The Republic of Kazakhstan (ROK) and its nuclear agency, Kazatomprom, then jointly appointed a second arbitrator. The two arbitrators were to appoint a third arbitrator before the end of 2008. In the meantime World Wide and its legal counsel were assembling evidence for the commencement of the substantive arbitration itself.

In September, 2009 the initial arbitration was put on hold when World Wide and the ROK chose to simplify the process by appointing a mutually agreed, sole arbitrator to determine certain preliminary and substantive issues in connection with the November, 1996 Loan Agreement. This was done. Written submissions were made by both parties, an oral hearing was held in London (UK) in December, 2009 (to deal with certain preliminary issues) and a second oral hearing was held in Brussels (Belgium) in July, 2010 (to deal with the remaining issues). At the July hearing the arbitrator reserved his decision.

The arbitrator's written decision on the issues debated at the July 2010 hearing was delivered to the parties at the end of the year, in a Final Award dated December 22, 2010. In the Final Award, the arbitrator (1) confirmed that he had jurisdiction over all of the claims related to the Loan Agreement, including claims for breach of the Foreign Investment Law and for breach of customary international law, but (2) decided that all of the claims were time-barred under the general three-year limitations period under Kazakh law. On this basis, the arbitrator dismissed all of World Wide's claims.

On January 20, 2011, World Wide filed a request with the arbitrator for a supplementary award, on the grounds that the arbitrator had failed to consider the claims under the Foreign Investment Law and under customary international law for illegal conduct of state bodies and officials that was not and could not have been 2 discovered prior to September 2004. The arbitrator denied World Wide's request in a written decision dated March 16, 2011.

Since 1998, World Wide has invested millions of dollars of its own capital in an attempt to recover its investment and damages for lost opportunity. It also entered into agreements with unrelated parties, including law firms, to pay costs contingent upon recovery of the claims. At this time, World Wide has no further resources with which to continue its efforts to recover its losses against either ROK or Kazatomprom.

See:

June 3, 2009 - World Wide Comments On Developments In Kazakhstan
http://www.worldwideminerals.com/news/090603.pdf

January 27, 2009 - World Wide Minerals Provides Status Update
http://www.worldwideminerals.com/news/090127.pdf

July 5, 2007 - World Wide Commences New Arbitration Against Kazakhstan And Kazatompro
http://www.worldwideminerals.com/news/070705.pdf

February 23, 2006 - World Wide Starts Process Leading To Arbitration With Kazakhstan
http://www.worldwideminerals.com/news/060223.pdf

Full account of World Wide Mineral's efforts to recover its investment in Kazakhstan and to seek compensation for the confiscation of that investment
http://www.worldwideminerals.com/investors/kazakhstan.pdf

Madagascar digs in on Madagascar Oil arbitration

May 6, http://af.reuters.com/article/topNews/idAFJOE7450FJ20110506

Reuters - Madagascar said on Friday it would contest an arbitration process launched this week by Madagascar Oil over oil blocks and that the London-listed firm owed the government $9 million.

Madagascar Oil Limited Commencemes Arbitration Proceedings

May 4, http://www.madagascaroil.com/images/Press%20Release%204%20May%202011%20v2.pdf

Madagascar Oil announces that, further to the declaration of force majeure announced on 21 March 2011, arbitration proceedings were commenced on 29 April 2011, in accordance with the terms of the Production Sharing Contracts ("PSCs") for Blocks 3104, 3105, 3106 and 3107 (the "Blocks") that it operates in Madagascar. The arbitration filings claim breach of contract by the Government of Madagascar and OMNIS, the regulatory agency of the government that manages the country's oil and gas resources. The arbitration claims were formally submitted to the International Chamber of Commerce ("ICC") in accordance with the requirements of the PSCs. The Company's filing seeks declaration that the PSCs are valid and that OMNIS be instructed to proceed with the approval process of the Company's work programmes and related extensions as contemplated under the PSCs.

Simultaneously, the Company has also submitted a notice of dispute to the Government of Madagascar under the rules of the International Centre for Settlement of Investment Disputes ("ICSID") with regard to its threatened expropriation of the Company's assets. While the arbitration process under the ICC rules begins immediately, the notice sent by the Company under ICSID triggers a nine-month cooling off period designed to stimulate negotiations between the parties.

The Company will continue to aggressively pursue a meeting with the Government in order to satisfactorily rectify the current situation. In the event of a mutually satisfactory settlement, all arbitration proceedings can be set aside.

Trading in the Company's shares continues to remain suspended pending clarification of the Government's intentions regarding the Blocks. The Company will provide further updates in due course.

Laurie Hunter, Chief Executive Officer, said: "We are committed to negotiating a resolution with the Government of Madagascar and remain optimistic this can be achieved. Today's announcement is simply a mechanism for us to protect our shareholders' interests in the event that we are unsuccessful in a negotiated settlement. This first step in the process of arbitration proceedings does not in any way preclude the possibility of an early resolution between the parties, which we firmly believe is within the best interests of all involved, not least because of the impact the alternative may have on potential future foreign investment into the country."

Mexico: Fresnillo Plc Comments on Arbitration Decision

May 9, http://online.hemscottir.com/ir/fres/ir.jsp?page=news-item&item=647653151003490

Fresnillo plc today announced that an Arbitration Panel formed according to the Arbitration Rules of the International Chamber of Commerce has delivered its decision in respect of claims made by Vancouver-based MAG Silver Corp (TSX: MAG and NYSE:MVG), Fresnillo's joint venture partner in the advanced exploration stage Juanicipio silver project in Mexico.

The Arbitration Panel rejected MAG's claims that Fresnillo was deficient in the execution pace or performance of drilling at the project. The Arbitration Panel denied both of MAG's principal demands, specifically: (a) that Fresnillo be ordered to pay damages to MAG of up to US$61 million related to MAG's claims that delays by Fresnillo delayed the start of production; and (b) that Fresnillo be ordered to sell or transfer its equity participation in the Minera Juanicipio joint venture to MAG

The Arbitration Panel upheld certain other MAG claims, including claims related to Fresnillo's announcement in December 2008 that it intended to make an unsolicited bid to acquire MAG. Fresnillo announced its intention based on the opinion of external legal counsel regarding a certain clause in the JV Agreement. The Arbitration Panel, based on a different interpretation of that clause, ordered Fresnillo to reimburse MAG for legal fees of US$1.86 million incurred by MAG in connection with the announcement of Fresnillo's intended offer

The cost of the arbitration was US$775,000. The Arbitration Panel ruled that each party should pay 50% of the arbitration cost and bear its own legal costs

Jaime Lomelin, Chief Executive Officer, said, "We are pleased that the Arbitration Panel has dismissed MAG's most serious claims. We continue to believe Fresnillo has acted appropriately and in accordance with the terms of the joint venture agreement."

Mexico: MAG Provides Update on Favourable ICC Arbitration Decision and Corrects Inaccuracies Disseminated by Fresnillo

May 12, http://www.magsilver.com/s/NewsReleases.asp?ReportID=456720

MAG Silver Corp., Vancouver, B.C. On May 5, 2011, MAG announced that it had received the favourable unanimous ruling of a three member arbitral panel of the International Court of Arbitration of the International Chamber of Commerce ("ICC") with respect to the arbitration proceedings commenced in Mexico against its joint venture partner, Fresnillo plc ("Fresnillo"). MAG has now received a complete translation of the ICC award and wishes to provide the following further details.

On May 9, 2011, Fresnillo issued a news release asserting that the ICC denied MAG's two principal claims and upheld "certain other MAG claims" including MAG's claims related to Fresnillo's December 2008 announcement and subsequent pursuit of an illegal hostile take-under bid for MAG. Fresnillo's news release mischaracterizes the rulings issued by the ICC in a manner that suggests that Fresnillo won the arbitration. In fact, Fresnillo lost the most important claim advanced by MAG in the arbitration proceedings and had its two principal defences soundly rejected by the ICC. This press release corrects the inaccuracies disseminated by Fresnillo

Fresnillo's news release fails to recognize that MAG initiated the arbitration in April 2009 as a direct result of Fresnillo's refusal to comply with the standstill provision in the shareholders agreement governing the Minera Juanicipio Joint Venture (the "Shareholders Agreement"). At that time, MAG sought, first and foremost, to have the Fresnillo take-under bid (announced at US$4.54 per share which was a 4.5% discount to the market price on the day prior to announcement) declared a violation of the Shareholders Agreement. As the Fresnillo release confirms, the ICC upheld MAG's interpretation that Fresnillo breached the standstill provision in the Shareholders Agreement and, in accordance with Mexican law, awarded MAG US$1.86 million in damages. The damage award represents MAG's direct costs of defending Fresnillo's improper take-under bid in late 2008 and 2009. More importantly, by upholding the standstill provision, the ICC has confirmed that MAG and its shareholders are protected from a further lowball and opportunistic take-under bid by Fresnillo

As is customary in proceedings of this nature, MAG also advanced a number of ancillary claims. These ancillary claims related to Fresnillo's actions as operator under the Shareholders Agreement and the ICC found that Fresnillo's actions resulted in numerous breaches and violations of the Shareholders Agreement. In particular, MAG alleged that Fresnillo failed to abide by the terms of the Shareholders Agreement by, among other things, taking unilateral action regarding the development of the Juanicipio Joint Venture and by intentionally delaying the advancement of the joint venture in a veiled attempt to depress MAG's share price, thereby facilitating the completion of its lowball take-under bid for MAG

With respect to MAG's claim that Fresnillo breached the agreement by taking unilateral action regarding the development of the Juanicipio Joint Venture, the ICC award states that

"...including the Valdecañas vein in Fresnillo II, as such is described in the [Fresnillo IPO] Prospectus, without the authorization of the Mining Company and without previously following the process and consideration of plans, programs or authorizations applicable under the Agreement (clauses 7.1 and 7.2), constitutes a violation of the same by Fresnillo..." (Translation

Similarly, Fresnillo's assertion that the "Arbitration Panel rejected MAG's claims that Fresnillo was deficient in the execution pace or performance of drilling at the project" is at best misleading in light of the finding by the ICC that

"Fresnillo violated the [Shareholders] Agreement with its conduct which had the effect of delaying the Feasibility Study under the Agreement". (Translation

While the ICC agreed with several of MAG's claims and held that Fresnillo unequivocally breached the provisions of the Agreement and delayed the advancement of the Juanicipio property towards a feasibility study, the ICC did not award additional damages for these breaches, holding that the damages caused by the delay were too uncertain to quantify under Mexico law

It is also notable that the ICC soundly rejected Fresnillo's two principal defences: (i) that the Shareholders Agreement no longer governed the Minera Juanicipio joint venture and (ii) that the ICC lacked jurisdiction to hear MAG's complaint

Dan MacInnis, MAG's President and Chief Executive Officer said: "The purpose of the ICC arbitration has always been about protecting MAG's interest in the Juanicipio property and ensuring that Fresnillo respects MAG's rights and acts in the best interests of the joint venture. While we believe that awarding damages would have been entirely appropriate, we are nonetheless extremely satisfied with the outcome of the arbitration". He added "Fresnillo tried to convince the ICC that it is not bound by the Shareholders Agreement and was wholly unsuccessful in that endeavour. With this arbitration finally behind us and the protections afforded to MAG under the Shareholders Agreement now confirmed by the ICC, we are hopeful that Fresnillo will avoid future breaches of the Shareholders Agreement so that the Juanicipio property can be developed in accordance with industry best practice and without further delay or diversion.

Speaking about the ICC's key determination that Fresnillo's take-under bid was illegal and contravened the standstill provision of the Shareholders Agreement, Mr MacInnis said "The standstill provision was included in the Shareholders Agreement to prevent exactly the kind of conduct Fresnillo has engaged in -- trying to snatch away our shareholders' interest in one of the most promising silver projects in the world at grossly inadequate value. MAG's position has always been clear -- if Fresnillo wants to consolidate its interest in this terrific project in order to take advantage of the very substantial infrastructure and other synergies such a consolidation would generate, it will not be permitted to do so with a low-ball bid. Fresnillo has now been told in clear terms that it is bound by our Shareholders Agreement. MAG will simply not permit Fresnillo to continue to treat the Juanicipio property as if it already owns it. The protections afforded by the ICC decision will be significant in protecting MAG's shareholders from further opportunistic actions."

Mexico: MAG Reports on Favourable ICC Arbitration Decision, awarded US$1.86 million in damages

May 5, http://www.magsilver.com/s/NewsReleases.asp?ReportID=455236

MAG Silver Corp. was informed late yesterday that a three member arbitral panel of the International Court of Arbitration of the International Chamber of Commerce ("ICC"), has unanimously ruled that Fresnillo plc ("Fresnillo") has committed numerous breaches and violations of the shareholders agreement governing the Juanicipio Joint Venture ("Shareholders Agreement"), including the breach of a standstill provision which prohibits any attempt by Fresnillo to, directly or indirectly, take control of MAG without MAG's consent. Among other things, the ICC awarded approximately US$1.86 million in damages to MAG, which represents MAG's costs of defending Fresnillo's improper "take-under" bid in late 2008 and 2009.

The written reasons, which are in Spanish, are currently being translated into English. Further details of the judgment will be disclosed after the decision has been translated and reviewed.

Namibia: New law on investment

May 13, http://www.namibian.com.na/news/full-story/archive/2011/may/article/new-law-on-investment/

GOVERNMENT is putting the final touches to a new investment law, which will cater for state-owned companies like Epangelo and will empower Namibian investors to claim their stake in the local economy.

Nigeria says resolving Exxon oil license dispute

May 25, http://www.businessdayonline.com/NG/index.php/news/76-hot-topic/22023-nigeria-says-resolving-exxon-oil-license-dispute-

"We are on track," the spokesman told Reuters when asked about resolving the dispute.

The disputed blocks are situated in the shallow water creeks of the Niger Delta and are some of the largest oil-producing assets in Africa's largest energy industry.

Pakistan, India to meet again to find 'amicable settlement' over Sir Creek estuary row

May 21, http://economictimes.indiatimes.com/news/politics/nation/pakistan-india-to-meet-again-to-find-amicable-settlement-over-sir-creek-estuary-row/articleshow/8491265.cms

The dispute over the 100-km (60-mile) estuary has hampered exploration for oil and gas and led to the detention of hundreds of fishermen from the two countries when they stray across the poorly demarcated border.

The Sir Creek issue is one of the more easily resolved issues between India and Pakistan, analysts say, and could lead to progress on more contentious disputes like the one on Siachen, the world's highest battlefield in Kashmir, where thousands of troops are holed up in freezing temperatures that have killed more soldiers than fighting.

Pakistan-Canada: [Pakistan] Government to hire lawyers in Canada for Pakistan Steel case

May 21, http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=48125&Cat=3&dt=5/21/2011

KARACHI: Pakistan High Commissioner in Canada has initiated the process of hiring lawyers to fight Pakistan Steel Mills case in the Supreme Court of Canada and get free the impounded ship that was carrying coal for the Mills, an official said on Friday.

Pakistan-India: World Court seeks Pak reply by July 15

May 6, http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=45417&Cat=2&dt=5/6/2011

ISLAMABAD - The International Court of Arbitration, constituted by the United Nations for hearing the Kishanganga Dam project case, has asked Pakistan to submit its reply until 15 July.

Philippine: Natural gas, Spratlys issue top agenda of Aquino, Bolkiah

June 1, http://globalnation.inquirer.net/2819/natural-gas-spratlys-issue-top-agenda-of-aquino-bolkiah

Natural gas exploration and the South China Sea dispute were on top of the agenda when President Aquino and Brunei's Sultan Haji Hassanal Bolkiah met here on Wednesday, as the sultanate received the Philippine president in full royal regalia.

Philippines: Belgian firm sues Aquino gov't for P6B

May 4, http://www.manilatimes.net/news/nation/belgian-firm-sues-aquino-gov%E2%80%99t-for-p6b/

BELGIAN firm Baggerwerken Decloedt en Zoon (BDC) is seeking P6 billion in damages from the Aquino government over the cancellation of the P18.7-billion Laguna Lake Rehabilitation Project (LLRP).

Philippines: Court orders gov't to pay Piatco $176-M

http://www.abs-cbnnews.com/business/05/24/11/court-orders-govt-pay-piatco-176-m

The Pasay City Regional Trial Court has ordered the government to pay Philippine International Air Terminals Company Inc. (PIATCO) US$175.8 million as just compensation for the takeover of the Ninoy Aquino International Airport (NAIA) Terminal 3.

Russia's Transneft says China pays some oil arrears

May 31, http://www.reuters.com/article/2011/05/31/russia-china-oil-idUSLDE74U1LM20110531

Reuters - Russia oil pipeline monopoly Transneft said on Tuesday that China has paid $78 million, or around three quarters of disputed arrears for oil supplies.

Russia-UK: BP and Rosneft: Still in the pipeline - The British oil company's Russian deal is not dead yet

May 19, http://www.economist.com/node/18712747

BP's deal-to swap shares with the state-backed Russian oil giant and explore for Arctic oil-seemed to have expired merely because a deadline passed on May 16th. But there are deadlines and deadlines. Contrary to most reports, the deal is not yet dead.

Russia-UK: BP opens Rosneft Arctic deal to TNK-BP

May 7, http://www.reuters.com/article/2011/05/07/us-bp-russia-idUSTRE74615W20110507

Reuters - BP has agreed to cede its share of an Arctic oil exploration pact with Rosneft to its half-owned affiliate TNK-BP in a compromise with Russian partners who have fought for a slice of the action.

Russia-UK: Robert Amsterdam slates BP as Rosneft deal falls through

May 17, http://www.fundweb.co.uk/lawyer-slates-bp-as-rosneft-deal-falls-through/1031218.article

A legal expert on corporate governance in the developing world has slated BP as its $16 billion (£10 billion) deal with Rosneft, the state-owned Russian oil firm, fell through and finally collapsed today.

Russia-UK: Rosneft, BP to cooperate further, cautiously - Sechin

May 19, http://www.itar-tass.com/en/c36/145803.html

Itar-Tass - Rosneft and BP will continue to cooperate, Deputy Prime Minister, Chairman of the Board of Directors of Rosneft, Igor Sechin, has said.

See also the statement by Rosneft http://www.rosneft.com/news/pressrelease/18052011.html

Russia: Crt orders RusHydro to repay 25 mln rbl in damages to RUSAL unit

May 11, http://www.hydroworld.com/index/display/news_display.1415589830.html

Russia's Ninth Arbitration Court of Appeals has ordered hydropower monopoly RusHydro to repay 25.46 million rubles in damages to RUSAL Sayanogorsk Aluminium Smelter, part of aluminum giant UC RUSAL, a spokesperson for the court told PRIME-TASS on Wednesday.

Russia: SCC award enforced in Russia [Odjfell v Sevmash]

May 27, http://www.sccinstitute.com/?id=23696&newsid=40516

A Norwegian party recently applied for the recognition and enforcement of an SCC award in St Petersburg, Russia. The Russian defendant objected and argued that the SCC lacked jurisdiction over the dispute, that the Russian party had not been duly notified of the arbitration, and that enforcement of the award would constitute a violation of Russian public policy.

Russian courts found no ground for the objections and decided to grant recognition and enforcement of the Swedish award

Court decision in Russian (original)
http://www.sccinstitute.com/filearchive/4/40518/court%20decision,%20Russia.pdf

Court decision in English (office translation by Mannheimer Swartling
http://www.sccinstitute.com/filearchive/4/40517/Court%20decision_10%20March%202011_MSA.pdf

Russia: Sevmash lost in Supreme Court

http://www.barentsobserver.com/sevmash-lost-in-supreme-court.4926129-116320.html

Norwegian private shipping company Odfjell expects that the full outstanding amount from the Russian state-owned shipyard Sevmash will be paid.

Russia: Total Seeks Dismissal of Russian Case

May 26, http://online.wsj.com/article/SB10001424052702303654804576345573378449318.html

French oil company Total SA has asked a court in Stockholm to dismiss a case brought against it by a small Russian company and two Russian regional governments that claimed breach of a contract signed 19 years ago in the early days of Russia's shift to capitalism.

Slovakia: Dovera Loses EUR 750M Lawsuit Against State

May 27, http://www.thedaily.sk/2011/05/27/top-news/dovera-loses-eur-750m-lawsuit-against-state/

Yesterday the Court of Arbitration ruled that the Slovak state would not have to compensate the shareholders of health insurer Dovera over a EUR 750 million claims for lost profits.

Dutch company HICEE owns Dovera and was suing Slovakia because the former government put a ban on the use of profits for health insurers back.

South Africa: Court ends Von Abo bid for compensation for lost farms

May 24, http://www.legalbrief.co.za/

Crawford von Abo has reached the end of the road in his bid for compensation from the SA Government for the expropriation of his farms in Zimbabwe.

South Africa: Swazi court hands MTN win over One

June 1, http://www.iol.co.za/business/companies/swazi-court-hands-mtn-win-over-one-1.1076731

Delivering the judgment yesterday, the supreme court sent MTN and SPTC back to arbitration in terms of the joint venture agreement that set up a working relationship to form MTN Swaziland.

Tanzania: Dowans taken back to court over energy plant

May 29, http://www.theeastafrican.co.ke/news/-/2558/1171206/-/o22ehvz/-/

The Dowans saga returned to haunt President Kikwete's administration last week, after a journalist moved to court to block the proposed sale of contested energy plant on Tanesco compound to an American firm.

Telenor sees Vimpelcom arbitration outcome in '12

May 25, http://uk.reuters.com/article/2011/05/25/telenor-vimpelcom-idUKLDE74O0UW20110525

Reuters - Telenor said it expected arbitration hearings aimed at securing its shareholder rights in Russian mobile phone company Vimpelcom would conclude in the first half of next year.

The Energy Charter Secretariat Supports the Development of Solar Energy in the Middle East and North Africa

May 4, http://www.encharter.org/

On 4 May 2011 the Third Middle East and North Africa Solar Conference (MENASOL) in Casablanca, Morocco, brought together officials from MENA countries and representatives of companies involved in the development of solar energy projects.

Patrice DREISKI, Energy Charter Secretariat: ... "For all these reasons the Energy Charter Secretariat is keenly interested in the promotion of the Energy Charter Treaty within the MENA countries. As I have already stated, I believe that the Treaty is a very relevant tool in the development of the solar energy resource. In this context the Energy Charter Secretariat wishes to work more closely with the Union for the Mediterranean" ..

Source http://www.encharter.org/fileadmin/user_upload/document/Menasol.pdf

Trinidad: Germans grab for Methanol Holdings

May 6, http://guardian.co.tt/news/2011/05/06/germans-grab-methanol-holdings

Already facing three lawsuits from Clico policyholders who want the Government to honour the debt owed to them for their investments in the Executive Flexible Premium Annuity (EFPA), the Government is facing a new headache-an arbitration threat from the German minority shareholders of MHTL (Methanol Holdings Trinidad Ltd).

Turkmenistan: Turkey thought to seek $1b from Turkmen

May 30, http://www.signonsandiego.com/news/2011/may/30/turkey-thought-to-seek-1b-from-turkmen/

Turkish president held talks Monday with Turkmenistan's officials amid complaints by Turkish construction companies that they are owed about $1 billion in unpaid bills for their work in revamping the capital city.

Uganda: Heritage Oil Commences Arbitration Proceedings Against Uganda

May 16, http://www.heritageoilplc.com/resource/afr17ee1of10m40lq46n97d3.pdf

Heritage Oil Plc, an independent upstream exploration and production company, announces that international arbitration proceedings have been commenced against the Government of the Republic of Uganda (the "Ugandan Government") by Heritage Oil & Gas Limited, a wholly owned subsidiary of Heritage, ("HOGL"). HOGL is seeking a decision requiring, among other things, the release of approximately $405 million currently on deposit with the Ugandan Revenue Authority ("URA") or in escrow with Standard Chartered Bank following HOGL's sale of its interests in Blocks 1 and 3A in Uganda on 26 July 2010.

On completion of the sale of the interests in Blocks 1 and 3A in Uganda on 26 July 2010, Heritage received and retained $1.045 billion. An additional, approximately $405 million of the purchase price, was in part deposited with the URA and in part deposited in escrow pending resolution of a tax dispute with the URA. The position of both Heritage and HOGL is based upon comprehensive advice from leading tax experts in Uganda, the United Kingdom and North America; the disposal of the interests in Blocks 1 and 3A is not taxable in Uganda.

Accordingly, the arbitration proceedings concern HOGL's claims that the Ugandan Government wrongfully or unreasonably withheld consent to the sale by HOGL of the rights under the Production Sharing Agreements for Blocks 1 and 3A, including by making this consent conditional upon the payment of a sum alleged to be a tax liability of HOGL. Whilst HOGL has sought to resolve the issue without resorting to arbitration, it has been left with no alternative but to take this step.

The arbitration proceedings will be held in London in accordance with the provisions of the Production Sharing Agreements in relation to Block 1 and Block 3A.

UK Ministry of Justice Releases New Action Plan to Promote Legal Services Sector

May 16, http://www.justice.gov.uk/news/features/feature160511a.htm

Plans to strengthen the UK's reputation as a world leader in legal services were unveiled by Justice Secretary Kenneth Clarke and Minister for Trade and Investment Lord Green today.

A new Action Plan has been published by the Ministry of Justice and UK Trade and Investment setting out how the country's commercial arbitration, mediation and court services will be promoted to a global audience.

Source http://www.justice.gov.uk/downloads/publications/corporate-reports/MoJ/legal-services-action-plan.pdf

UK: West Tankers Inc v Allianz Spa & Anor [2011] EWHC 829 (Comm) (06 April 2011)

Apr 6, http://www.bailii.org/ew/cases/EWHC/Comm/2011/829.htm

This is an application by the Defendants to set aside the order of Simon J dated 15 November 2010 whereby: (i) leave was granted to the Claimant pursuant to s. 66 (1) of the Arbitration Act 1996 ("the 1996 Act") to enforce an arbitration award dated 12 November 2008; and (ii) judgment was entered against the Defendants pursuant to s. 66 (2) of the 1996 Act in the terms of the award.

...

Ukraine's long natural gas row rolls onto U.S. shores

May 5, http://oilandglory.foreignpolicy.com/posts/2011/05/05/ukraines_long_natural_gas_row_rolls_onto_us_shores

For the last half-decade, one of the biggest -- and most menacing -- tales in energy has involved the shady natural gas business in Ukraine. The story has included three consecutive years of dead-of-winter heat cutoffs to major parts of Europe, Russian political bullies poised to pounce on the continent, and billions of dollars in alleged underhanded dealings. In sideshows, the West and Russia have unveiled dueling, multi-billion-dollar natural gas pipelines, and in December rowdy Ukrainian politicians erupted into a free for all in parliament. Now, the spectacle has spilled out into U.S. courts.

Uruguay: Philip Morris sues Uruguay over anti tobacco legislation

May 26, http://www.buenosairesherald.com/article/68152/philip-morris-sues-uruguay-over-anti-tobacco-legislation

One of the world's biggest tobacco companies is launching a claim against Uruguay for considering their legislation commercially damaging to the company.

One of the smallest Latin America's countries faces a multi million corporation, based in Switzerland, in Parisian courts this week. The corporation has filed a claim at the International Centre for Settlement of Investment Disputes (ICSID), a World Bank branch.

US: Airbus Wins Hawker Beechcraft Case

May 9, http://www.aviationweek.com/aw/generic/story_channel.jsp?channel=busav&id=news/awx/2011/05/06/awx_05_06_2011_p0-319735.xml&headline=Airbus%20Wins%20Hawker%20Beechcraft%20Case

The International Chamber of Commerce (ICC) has directed Hawker Beechcraft to pay about $14.2 million to Airbus to settle a two-year dispute over Hawker Beechcraft's purchase volume of fuselages, wings, track kits and spare parts, Hawker Beechcraft says.

US: Anadarko Prepared to 'Come to the Table' With BP, CEO Says

May 3, http://www.bloomberg.com/news/2011-05-03/hackett-anadarko-prepared-to-come-to-the-table-on-bp-dispute.html

Anadarko Petroleum Corp. (APC), the Texas company that owns a stake in BP Plc (BP/)'s damaged Macondo well in the Gulf of Mexico, said it's "prepared to come to the table" to resolve disputed costs from last year's oil spill.

US: Dems plot to get $21B from Big Oil

May 10, http://www.politico.com/news/stories/0511/54670.html

Senate Democrats announced a proposal Tuesday to repeal $21 billion in tax incentives over 10 years for the five biggest oil and gas companies and use that money to reduce the deficit.

US: Marathon provides update on lawsuit filed by Noble

May 2011, http://www.sec.gov/Archives/edgar/data/101778/000010177811000020/0000101778-11-000020.txt

We are defendant in a number of lawsuits arising in the ordinary course of business, including, but not limited to, royalty claims, contract claims and environmental claims. While the ultimate outcome and impact to us cannot be predicted with certainty, we believe the resolution of these proceedings will not have a material adverse effect on our consolidated financial position, results of operations or cash flows. Certain of these matters are discussed below.

In March 2011, Noble Drilling (U.S.) LLC ("Noble") filed a lawsuit against us in the District Court of Harris County, Texas alleging, among other things, breach of contract, breach of the duty of good faith and fair dealing, and negligent misrepresentation, relating to a multi-year drilling contract for a newly constructed drilling rig to be deployed in the U.S. Gulf of Mexico.

We filed an answer in April 2011, contending, among other things, failure to perform, failure to comply with material obligations, failure to mitigate alleged damages and that Noble failed to provide the rig according to the operating, performance and safety requirements specified in the drilling contract. Noble is seeking an unspecified amount of damages. We are vigorously defending this litigation. The ultimate outcome of this lawsuit, including any financial effect on us, remains uncertain. We do not believe an estimate of a reasonably probable loss (or range of loss) can be made for this lawsuit at this time.

US: Noble sues Marathon over cancelled $752 mln deal

May 6, http://www.reuters.com/article/2011/05/06/noble-marathon-idUSN0626468120110506

Reuters - Noble discloses that it filed lawsuit in March; Cancelled contract was worth $752 mln over four years; Marathon says Noble seeking unspecified damages; Marathon says it is "vigorously defending" itself.

Uzbekistan Targets Foreign Investor Oxus Gold Plc With Resource Nationalism

May 9, http://www.prnewswire.co.uk/cgi/news/release?id=320292

Distributed by PR Newswire on behalf of Amsterdam & Peroff - The Government of Uzbekistan has distributed false and misleading statements about one of the country's largest foreign investments, say lawyers for Oxus Gold PLC (Oxus). On 5 May 2011, unfounded statements were made to the press that Oxus had violated tax regulations in an attempt to force the Amantaytau Goldfields A.O. (AGF) joint venture into involuntary liquidation.

"It is a clear indication of the type of government we are dealing with in Uzbekistan," said Robert Amsterdam, lawyer to Oxus, a 50% shareholder in AGF. "Oxus has been resisting the government's demands to liquidate which have been coupled with an ongoing campaign to fabricate a reason to steal the last foreign assets in the mining industry in Uzbekistan.

After many years as one of the country's success stories, Oxus has been targeted by the Government of Uzbekistan, says Amsterdam, "The Government has already run out of the country other foreign investors in the mining sector.

As a consequence of the illegal conduct of the Uzbek government, Oxus initiated international arbitration proceedings on 3 March 2011 pursuant to an investment treaty between the governments of Uzbekistan and the United Kingdom. As required by the treaty's provisions, Oxus is currently pursuing good faith efforts for a specified period to resolve the dispute amicably. However, the Government of Uzbekistan has expressed no interest in even discussing the issues with Oxus

The Government of Uzbekistan's campaign against Oxus took a dramatic turn in March 2011 when it commenced an onerous audit of AGF's financial and economic activities and cut off all access by Oxus to AGF's operations. This unwarranted action forced Oxus to declare force majeure in respect of its obligations towards the joint venture. Meanwhile, the actions of the Government have compelled virtually all Oxus personnel to flee Uzbekistan

Oxus will defend itself in international forums to the full extent of the law, and will continue to advise the international investment community so that foreign companies evaluating Uzbekistan as a potential investment destination are able to meaningfully assess the risks of doing business with a government whose interest in legal measures derives from commodity prices rather than the rule of law

See also "Gold miner rejects Uzbek tax evasion charges" http://finance.yahoo.com/news/Gold-miner-rejects-Uzbek-tax-apf-1366669370.html?x=0&.v=1

Venezuela: FACTBOX-Key political risks to watch in Venezuela

May 3, http://www.reuters.com/article/2011/05/03/venezuela-risks-idUSRISKVE20110503

Reuters - Tough new taxes on the oil industry, a weak economy and President Hugo Chavez's pressure on opponents ahead of next year's presidential election are the main risks to watch in OPEC member Venezuela.

Vietnam accuses China of sabotage

June 1, http://www.smh.com.au/world/vietnam-accuses-china-of-sabotage-20110601-1fgec.html

AN INCIDENT involving Chinese patrol boats and a Vietnamese oil exploration ship has drawn an angry response from Vietnamese officials as a growing territorial dispute engulfs the two countries.

Zimbabwe: Govt Committed to Indigenisation

May 7, http://allafrica.com/stories/201105070020.html

Cape Town - Prime Minister Morgan Tsvangirai says the inclusive Government is fully committed to the indigenisation process. Addressing guests at a dinner to discuss Zimbabwe's future here on Wednesday, PM Tsvangirai defended the policy and said as parties in Government they were committed to the success of the programme.

PODCASTS

IDN 99 - Arbitration Pledge, Part II with Gary Born

IDN Episode No. 99, featuring Gary Born, a partner and chairman of the International Arbitration Group at Wilmer Cutler Pickering Hale and Dorr in London, discussing a pledge that would make arbitration the default dispute resolution process in international commercial matters.

EVENTS

JOBS / MOVES

Scottish Arbitration Centre announces two Honorary Vice Presidents: The Hon Lord Dervaird (Professor John Murray QC) and Hew R. Dundas.

May 31, http://www.scottisharbitrationcentre.org

In addition to its Honorary President, Professor Sir David Edward QC, the Scottish Arbitration Centre today announced that it had appointed two Honorary Vice Presidents, The Hon Lord Dervaird (Professor John Murray QC) and Hew R. Dundas.

Andrew Mackenzie, Chief Executive of the Centre, said:

"We are delighted to announce that The Hon Lord Dervaird (Professor John Murray QC) and Hew R. Dundas have agreed to be the Centre's Honorary Vice Presidents. Both men are well known in the world of international arbitration, and will play a vital role in the Centre's promotion of Scottish arbitration and Scotland as a place to arbitrate".

Marc Lalonde honoured for dispute resolution

May 31, http://blogs.montrealgazette.com/2011/05/31/marc-lalonde-honoured-for-dispute-resolution/

Marc Lalonde, the international arbitrator and former federal government cabinet minister, has been named recipient of the President's Award for Outstanding Contributions and Leadership in the Field of Conflict Management, by the American Arbitration Association (AAA).

King & Spalding Receives Russian Approval to Open Moscow Office

May 19, http://www.kslaw.com/News-and-Insights/NewsDetail?us_nsc_id=4836

King & Spalding, a leading international law firm, announced today that it has opened an office in Moscow after having received the necessary government registration from the State Registration Chamber. The office will work closely with the firm's transactional and international arbitration practices in Europe. C

Partner Tom Sprange Anchors King & Spalding's London-based Arbitration and Litigation Practice

May 19, http://www.kslaw.com/News-and-Insights/NewsDetail?us_nsc_id=4837

Tom Sprange, an English-law qualified specialist in large-scale litigation and arbitration matters and cross-border disputes, has joined the London office of King & Spalding as a partner in its international arbitration and litigation practices. Sprange will anchor King & Spalding's litigation practice in London and help build the firm's international arbitration practice in Europe.

BOOKS

The New York Convention: A Commentary

Edited by: Reinmar Wolff
Publisher: Hart Publishing
ISBN13: 9781849461962, Not yet published

Arbitration has become the dispute resolution mechanism of choice in cross-border contracts. International arbitration not only paves the way for the parties to avoid state courts, it also facilitates transnational enforceability of awards far beyond the enforceability of state court judgments. The major instrument to that effect is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (the so-called New York Convention), for good reasons labelled as the Magna Charta of international arbitration.

Mirages Of International Justice - The Elusive Pursuit of a Transnational Legal Order

http://www.e-elgar.com/bookentry_main.lasso?id=14119

Mirages Of International Justice - The Elusive Pursuit of a Transnational Legal Order
by Matthew Parish, 2011 288 pp Hardback 978 1 84980 408 0. Available for TDM/OGEMID members with a 20% discount.

The book includes chapters on:

• The growth of international organisations
• The International Court of Justice and its predecessors
• International criminal courts
• Investment tribunals
• The WTO Dispute Settlement Body
• International human rights courts
• The European Union courts

ICSID

Award: M. Meerapfel Söhne AG v. Central African Republic (ICSID Case No. ARB/07/10)

Outcome of Proceeding: Award rendered on May 12, 2011.

New: Rafat Ali Rizvi v. Republic of Indonesia (ICSID Case No. ARB/11/13)

Banking enterprise, Registered May 19. Tribunal not yet constituted.

New: Diamond Fields Liberia, Inc. v. Republic of Liberia (ICSID Case No. ARB/11/14)

Mineral exploration operations, Registered May 20. Tribunal not yet constituted

New: Ekran Berhad v. People's Republic of China (ICSID Case No. ARB/11/15)

Arts and culture facilities, Registered May 24. Tribunal not yet constituted.

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

Status of Proceeding: Tribunal holds a first session by telephone on May 23, 2011

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

Status of Proceeding: Tribunal holds a first session by telephone on May 23, 2011

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

Status of Proceeding: proposal for disqualification of arbitrators is declined; the proceeding is resumed on May 20, 2011

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

Status of Proceeding: Tribunal holds a first session by telephone on May 25, 2011

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

Status of Proceeding: Claimants file an ancillary claim on May 23, 2011

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

Status of Proceeding: Tribunal issues a further procedural order concerning confidentiality on May 4, 2011

Içkale Insaat Limited Sirketi v. Turkmenistan (ICSID Case No. ARB/10/24)

Tribunal Constituted: May 11. Composition of Tribunal: V. Heiskanen; C.B. Lamm; F.S. Nariman

International Quantum Resources Limited, Frontier SPRL and Compagnie Minière de Sakania SPRL v. Democratic Republic of the Congo (ICSID Case No. ARB/10/21)

Status of Proceeding: Tribunal holds a first session by telephone on May 13, 2011

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

Status of Proceeding: Claimants file a memorial on the merits on April 28, 2011

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

Status of Proceeding: Respondent files a memorial on jurisdiction on May 6, 2011

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

Status of Proceeding: Claimant files a memorial on quantum on May 11, 2011

Carnegie Minerals (Gambia) Limited v. Republic of The Gambia (ICSID Case No. ARB/09/19)

Status of Proceeding: proposal for disqualification of an arbitrator is declined. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6) on May 17, 2011

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

Status of Proceeding: Claimant files a request for production of documents on May 16, 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 request for production of documents on May 6, 2011

CEMEX Caracas Investments B.V. and CEMEX Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15)

Status of Proceeding: Claimants file a memorial on the merits on May 6, 2011

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

Status of Proceeding: ad hoc Committee holds a first session in Paris on May 11, 2011

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

Status of Proceeding: Tribunal issues a procedural order concerning the procedural calendar on May 2, 2011

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

Status of Proceeding: applicants file a proposal for disqualification of two ad hoc Committee members; the proceeding is suspended on May 16, 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 post-hearing matters on May 19, 2011

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

Status of Proceeding: Respondent files a rejoinder on the merits on May 12, 2011

El Paso Energy International Company v. Argentine Republic (ICSID Case No. ARB/03/15)

Status of Proceeding: Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1) on May 5, 2011

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