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 #07, week 27. 04 July 2011
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM

TDM Recently published

• The Protection of Investments in Armed Conflicts
• The Rise and Possible Fall of Investor-State Arbitration in Asia: A Skeptic's View of Australia's "Gillard Government Trade Policy Statement"
• Foreign Investment In and Out of Japan: Economic Backdrop, Domestic Law, and International Treaty-based Investor-State Dispute Resolution
• Addressing Investment in a Possible Comprehensive Economic Partnership Initiative Between The United States and Egypt
• Mirages of International Justice - The Elusive Pursuit of a Transnational Legal Order (Introduction)

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

The Bahamas: Arbitration bid can emulate Singapore

July 1, http://www.tribune242.com/sports/07012011_Arbitrate_business_Page1-3

The Bahamas is assembling the "foundations" to emulate Singapore and become an international arbitration centre for the Americas and Caribbean region, after this nation's Chapter "accomplished a milestone that usually takes 10 years" in becoming a Chartered Institute of Arbitrators Branch.

US: A Dallas Lawyer's Social Contacts With Arbitrator Prove Costly

July 1, http://blogs.wsj.com/law/2011/07/01/a-dallas-lawyers-social-contacts-with-arbitrator-prove-costly/?mod=WSJBlog

The reason for the appellate court's ruling: the arbitrator failed to disclose contacts he'd had with a lawyer in the case, including attending a Dallas Mavericks basketball game and sharing meals with the attorney.

Sedelmayer vs. Russian Federation: Russia looses Former Trade Mission in Final Ruling of the Swedish Supreme Court

July 1, http://www.marcompany.com/

Press release - Swedish Supreme Court (Högsta Domstolen) in a Final Ruling Strikes Down the Russian Federation's Claim of Immunity From Execution. Former Trade Mission to go under the Hammer.

On Friday, July 1, 2011, Sweden's highest court agreed with Russia's private creditor, Franz J.Sedelmayer, and has ordered the sale of a building once housing the USSR Trade Mission to Sweden. (case no. Ö 170-10)

Russia may not launch any subsequent appeal against this final court order in the Kingdom of Sweden. The Supreme Court's order is attached.

The Supreme Court found the building not be used for any sovereign purpose.The debtor had claimed the building was actually part of Russia's Trade Delegation to Sweden. The Supreme Court did accept evidence presented by the creditor clearly showing Russia is actually using the facilitiy for commercial purposes, i.e. renting offices and apartments. Furthermore, the creditor could show written evidence in which the debtor admits Russia's Trade Mission is currently not housed or registered under this Swedish address, located in the City of Lidingö, just outside Stockholm. Thus, the Supreme Court found, the state debtor does not enjoy the protection accorded under the"United Nations Convention on Jurisdictional Immunities of States and their Property" and/or the general principles of International Law.

This Swedish ruling is expected to influence execution proceedings in other European countries, including and not limited to proceedings at the Bundesverfassungsgericht (Germany's Constitutional Court), that will soon decide about several constitutional complaints on the status of the so called "Russian House of Science and Culture" in Berlin Germany. Also in he Geman cases, Russia had invoked the claim of sovereign immunity from execution, despite the fact that Russia is using that facility for commercial purposes, only!

Background: Franz J. Sedelmayer, a German citizen residing in France, has obtained Swedish judgments and an arbitral award against the Russian Federation for tens of millions of Swedish Crowns between 1998 and 2009, under the auspices of the Stockholm Arbitration Institute. The case concerned the illegal expropriation of Sedelmayer's holdings in Saint Petersburg, Russia, in 1995 by the late Russian President Boris Yeltsin. Russia has since categorically refused to compensate this creditor. Sedelmayer managed to auction off Russian Federation property in Germany, and has also retrieved rent payments from third party debtors renting housing and commercial space from the debtor, making him the only successful private creditor of Russia to date. http://www.marcompany.com/en/press.htm

Sweden traditionally applies the doctrine of restrictive immunity allowing compulsory enforcement into assets a foreign state holds in Sweden as long as those assets are being used for commercial purposes. Sweden and Russia are both signatories to the "United Nations Convention on Jurisdictional Immunities of States and their Property".

Guinea: President Conde Issues Multi-Billion Dollar Ultimatum to Rusal - Alcoa, Rio Tinto, and Chinese in New Race for Rusal Assets in Guinea

June 29, http://www.businessinsider.com/president-conde-issues-multi-billion-dollar-ultimatum-to-rusal--alcoa-rio-tinto-and-chinese-in-new-race-for-rusal-assets-in-guinea-2011-7

Now it's official - the French, British, Americans, Chinese and Indians are all behind Guinean President Alpa Conde's decision to revoke the Russian concession for the world's largest unmined bauxite mining deposit, Dian-Dian, and hit the current concession holder, United Company Rusal, with back-tax and fraud claims, plus interest and penalties, for about $1 billion.

India: Govt turns arbitrator, clips Cairn's rights

July 1, http://news.in.msn.com/business/article.aspx?cp-documentid=5252745

... Playing a role of arbitrator itself, the government resolved the issue in favour of ONGC. "It undermines the judicial process we have in this country," said Chaudhri. It means if the Cairn India board, forced by its current and future promoter, accepts these conditions to the disadvantage of minority shareholders, its rights are clipped under PSC.

Philippines: 'PH turning off investors by renegotiating contracts'

July 1, http://www.abs-cbnnews.com/business/06/30/11/ph-turning-investors-renegotiating-contracts

The Philippines is turning off investors by trying to scrap or revise the terms of contracts for projects such a Roll-on Roll-off (RORO) port project and a Laguna Bay dredging, said European Chamber of Commerce President Hubert d'Aboville.

South Korea Criticizes Shortsighted NK Stance

July 1, http://www.dailynk.com/english/read.php?cataId=nk00400&num=7909

"North Korea's unilateral action regarding South Korea's assets in the Mt. Geumgang tourist area will boomerang, affecting its efforts to attract investment from third countries," an official from the Ministry of Unification pointed out today.

Belize: Back to the drawing board - The courts overturn a controversial nationalisation

June 30, http://www.economist.com/node/18898155?story_id=18898155&fsrc=rss

... Belize's Court of Appeal ruled that the 2009 nationalisation of Telemedia was unconstitutional.

Iran: Crescent Expects February Arbitration Ruling

July 1, http://www.bloomberg.com/news/2011-07-01/crescent-expects-february-arbitration-ruling-gulf-news-says.html

Crescent Petroleum Co. expects an arbitration case against National Iranian Oil Co. to be settled in February, the Gulf News said, citing Crescent's Chief Executive Officer Majid H. Jafar.

Russia judges Strasbourg bill

June 30, http://themoscownews.com/international/20110630/188799394.html

Russia's higher institutions of justice are peering over a bill that could neuter the growing pile of rulings against Russia from the European Court of Human Rights.

Alexander Torshin's bill would allow Russia's Constitutional Court to block certain decisions from Strasbourg, but it has been receiving mixed views in judicial circles.

Spain: Lectra Obtains the Recognition in Spain of the October 2009 Award Rendered by the International Arbitral Tribunal Against Induyco

June 30, http://www.lectra.com/binaries/Lectra_Press%20release_Exequatur_300611_tcm31-169149.pdf

Paris, June 30, 2011. In a decision of exequatur issued on June 27, 2011, and notified today, the Madrid Court of First Instance recognized the arbitral award rendered against Induyco in October 2009 by an International Arbitral Tribunal seated in London.

The Madrid Court of First Instance has thus recognized the award is valid and enforceable in Spain and rejected Induyco's challenge to exequatur.

In June 2005, Lectra initiated arbitration proceedings against Induyco (a member of the Spanish group El Corte Inglés), the former shareholder of Investronica, following the acquisition of this company. Under the share purchase agreement signed on April 2, 2004, the parties agreed that any disputes arising out of the share purchase agreement would be finally settled by international arbitration under the Rules of the International Chamber of Commerce in London, England.

In its award of October 21, 2009, the international arbitral tribunal awarded Lectra €25.9 million (as at June 30, 2011).

Induyco refused to honor the award, which was binding on it under international law, and commenced an action in England to set aside the award (the London High Court of Justice dismissed this action in its entirety and denied leave to appeal). Induyco also commenced proceedings in Spain to prevent Lectra from recovering the amounts due to it under the award.

Following the September 20, 2010 decision of the Madrid Court of Appeals, Lectra called on the first demand guarantees provided by Induyco and received €15.1 million.

After Induyco refused voluntarily to pay the outstanding €10.8 million still due to Lectra commenced an action of exequatur before the Madrid Court of First Instance at the end of December 2010, in order to enforce in Spain the arbitral award and recover the remaining amounts owed by Induyco. The decision just rendered by the Madrid Court of First Instance confirms the validity and enforceability of the award and represents a major milestone in the settlement of this dispute. It reinforces Lectra in its commitment to vigorously enforce its rights and to recover the full amount due to it under the award.

The June 27, 2011 decision, which remains appealable, does not modify the accounting of the award in the company's financial statements: the company has only recorded the €15.1 million received in 2010. The balance (€10.8 million) still due by Induyco will not be recorded in the June 30, 2011 financial statements and will only be recorded upon its receipt.

As all of the costs incurred by Lectra (excluding those relative to the procedures pending in Spain) have already been paid, the execution of the arbitral decision will result in a cash inflow equal to the balance of the award still owed by Induyco of the arbitral award.

For more information on the history of the dispute, please refer to Lectra's 2010 Annual Report available on lectra.com.

New domain for Investment Treaty Arbitration website: italaw.com

June 28, http://ita.law.uvic.ca/

ita.law.uvic.ca is migrating to www.italaw.com. ITA will continue to serve as a comprehensive and free resource site. The move to the new domain will provide ITA a permanent home for the future. Please note that all links to materials on ita will continue to work. The server will direct traffic automatically to the new domain. Older links can also be updated manually.

US: State Bar Association Calls for Creation of a Permanent Center for International Arbitration in New York

June 28, http://www.nysba.org/AM/Template.cfm?Section=Home&template=/CM/ContentDisplay.cfm&ContentID=51120

Panel of International Legal Experts Unveils a Blueprint to Strengthen New York's Role As One of the World's Premier Centers for International Arbitration

To maintain its position as one of the world's major centers for international legal matters, New York should establish a permanent center for international arbitration, as well as a council of international law firms to promote and advance New York law, recommends a report released today by the New York State Bar Association.

The Report of the Task Force on New York Law in International Matters cautions that as competition increases from other global legal centers, New York must act or risk losing its position as a major world center for resolving international disputes. The State Bar's House of Delegates approved the report Saturday at its Cooperstown meeting.

"Dating back to the 1620s, New York has enjoyed the well-earned reputation as a global financial and commercial center," said State Bar President Vincent E. Doyle III of Buffalo (Connors & Vilardo LLP).

"Today, our courts and arbitrators are recognized worldwide as fair and impartial, offering predictability, cost efficiency, fairness, neutrality and justice in international business and legal matters. However, as this report shows, our role is being challenged by other international jurisdictions. If we fail to act, we risk losing not only our prominence, but millions of dollars in revenue," Doyle said.

The report warns of competition from abroad. For instance, in 2010, Australia, India and Ireland each established specialized courts to handle international arbitration matters. It also notes that France, United Kingdom, Switzerland, Sweden and China -- all jurisdictions well-known for international arbitration -- have designated specialized courts or judges to hear cases to challenge or enforce arbitration awards.

Additionally, new arbitration laws were enacted in 2010 and 2011 in France, Ireland, Hong Kong, Scotland, Ghana and other nations to enhance their attractiveness as seats of arbitration.

"Make no mistake: international arbitration is big business," said Joseph T. McLaughlin of Manhattan (Bingham McCutchen LLP), co-chair of the Task Force. "Every year, hundreds of millions of dollars are generated in direct, indirect and tax revenues-benefitting all New Yorkers. Attention must be paid to this important report and its common sense recommendations."

Economic experts estimate that if the business of dispute resolution in New York were to increase by only 10 to 20 percent, it could produce approximately $200 to $400 million in incremental revenues annually for law firms in New York.

Among the specific Task Force recommendations are:

• Establishing a council of New York international law firms to promote and advance New York law;
• Creating a degree of judicial specialization, such as a designation of specialized courts to deal with international arbitration matters;
• Creating a "rocket docket" in the court system's Commercial Division to expedite international arbitration-related cases;
• Using "judicial referee" decisions by New York judges on issues presented to them by foreign courts, rather than by litigants, that require interpretation of New York law;
• Promoting domestic and overseas continuing legal education programs on drafting international arbitration agreements primarily for transactional lawyers and in-house counsel; and
• Coordinating efforts among groups and individuals who are currently working to advance New York in international matters.

"Preserving New York's historic role as an international commercial and financial center must be a top priority," Doyle said. "This report shows us how to achieve our goal. I congratulate the entire Task Force on its superb effort."

The Task Force was established in October 2010 by Immediate Past President Stephen P. Younger of Manhattan (Patterson Belknap Webb & Tyler LLP). It was co-chaired by McLaughlin and James B. Hurlock, former chairman of White & Case LLP. More than 30 major law firms, five law schools, four arbitral institutions, lawyers from Canada, Mexico and Germany, and judges participated in preparing the report.

Retired New York State Chief Judge Judith S. Kaye of Manhattan (Skadden Arps, Slate, Meagher & Flom LLP) and former chair of the Bar's Dispute Resolution Section Edna Sussman of Scarsdale (Sussman ADR LLC) served as advisors.

The full Report of the Task Force on New York Law in International Matters can be viewed at www.nysba.org/InternationalReport.

The 77,000-member New York State Bar Association is the largest voluntary state bar association in the nation. It was founded in 1876.

Peru: Bear Creek Mining Corp. mining firm threatens legal action against Peru

June 26, http://www.theglobeandmail.com/globe-investor/canadian-mining-firm-threatens-legal-action-against-peru/article2076445/

Canada's Bear Creek Mining Corp. is threatening a legal challenge against Peru after its mining rights were revoked in a move that raises the risk for other resource companies doing business in the mineral-blessed South American country.

KLRCA To Actively Promote Islamic Arbitration Globally

June 27, http://www.bernama.com/bernama/v5/newsbusiness.php?id=597088

The Kuala Lumpur Regional Centre for Arbitration (KLRCA) is making robust efforts to expand its role in promoting Islamic arbitration globally and will launch Islamic arbitration rules to cover other sectors such as construction and maritime.

Belize: Fortis seeking compensation

June 27, http://www.dailybusinessbuzz.ca/Provincial-News/2011-06-27/article-2614406/NL%3A-Fortis-seeking-compensation/1

The St. John's-based company aims to submit its compensation claim to the Belize government by the end of next month.

Singapore: FIMI explores potential of Singapore as trading hub

June 27, http://www.moneycontrol.com/news/business/fimi-explores-potentialsingapore-as-trading-hub_560501.html

These companies could enter into contracts adopting Singapore Laws and conduct arbitration in Singapore to resolve trade conflicts quickly, said Singh, pointing out that the Singapore International Arbitration Centre was globally recognised and rated as fourth in an international arbitration survey last year. IE Singapore, along with compatriot agency Economic Development Board, made a presentation on the city state's regulatory framework supporting international trading during their meeting with FIMI.

Ukraine: The fair price for transit of the Russian gas to Europe should be twice as much

June 25, http://www.kmu.gov.ua/control/en/publish/article?art_id=244357098&cat_id=244314975

Our scientists have presented to the Government calculation methods by which the cost of transporting thousands of cubic meters of gas per 100 kilometres of the Ukrainian GTS should be $ 5.85, and its price on the eastern border of Ukraine (for Ukrainian consumers) - $ 270.75 per thousand cubic meters.

...

Korea: Seoul mulls int’l arbitration over Mt. Geumgang

June 23, http://www.qwtnews.com/?p=43131

Seoul could consider taking Pyongyang to an international court in the worst-case scenario if the sides fail to sort out a compromise over a jointly-run mountain resort in North Korea, an official said. The North last week threatened to dispose of assets at Mt. Geumgang owned by South Korean companies, including Hyundai Asan, the firm that developed the scenic resort there. It demanded South Korean business representatives visit the North by June 30 to discuss their property.

PCA: Pakistan-India Site Visit

June 22, http://www.pca-cpa.org/showfile.asp?fil_id=1662

A Court of Arbitration constituted pursuant to the Indus Waters Treaty 1960 has completed a weeklong site visit of the Neelum-Jhelum and Kishenganga hydroelectric projects and surrounding areas located on the river Kishenganga/Neelum. Arriving first in Islamabad on June 15, from June 16-17, the Court visited the Neelum Valley by helicopter and inspected components of the Neelum-Jhelum Hydroelectric Project (located some 40 kilometers east of Muzaffarabad). The Court then crossed the line of control at Chakothi/Aman Setu on June 17 and proceeded to Srinagar. From June 18-19, the Court inspected components of the Kishenganga Hydroelectric Project, located in the Gurez valley and the area near Bandipura north of Wular Lake. The Court then departed from India by way of New Delhi on June 20-21, 2011.

On May 17, 2010, Pakistan had instituted arbitral proceedings against India under Article IX and Annexure G of the Indus Waters Treaty, an international agreement signed by India and Pakistan in 1960 that allocates the use of the Indus river system between the two countries. Pakistan and India disagree on the application of the provisions of the Treaty regarding the Kishenganga Hydroelectric Project.

In addition to the expert briefings and features observed during the site visit, the Court will consider the written and oral pleadings that have been and will be submitted by Pakistan and India. The Court will then issue its Award.

The seven-member Court of Arbitration is chaired by Judge Stephen M. Schwebel (United States), former President of the International Court of Justice. The other members of the Court are Sir Franklin Berman KCMG QC (United Kingdom), Professor Howard S. Wheater FREng (United Kingdom), Professor Lucius Caflisch (Switzerland), Professor Jan Paulsson (Sweden), H.E. Judge Bruno Simma (Germany), and H.E. Judge Peter Tomka (Slovakia). The Permanent Court of Arbitration in The Hague acts as Secretariat to the Court by agreement of the Parties.

Lithuania: Stockholm rules against Gazprom

June 27, http://www.baltictimes.com/news/articles/28929/

The company seeked to block a case in Lithuanian courts over the inner workings of Lietuvos Dujos (Lithuanian Gas), which is partially owned by Gazprom.

US: Macondo settlement possibilities remain despite Transocean stance

June 23, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/Oil/6216133

Litigants making various damages claims in the consolidated Macondo oil spill case said Thursday a momentum for settlements that accelerated on Monday with a deal between BP and Weatherford was not much diminished by Transocean's contentions Wednesday fixing blame on BP.

Belize: Government of Belize Expropriates Fortis Ownership of Belize Electricity Limited ("BEL")

June 21, http://www.fortisinc.com/Attachments/MediaReleases/516.pdf

On Monday, June 20, 2011, the Government of Belize (the "Government") passed legislation and then issued an order, delivered on Tuesday, June 21, 2011, to expropriate the ownership interest of Fortis Inc. ("Fortis" or the "Corporation") (TSX:FTS) in BEL and dismiss the Board of Directors of BEL, including nominees of Fortis. Compensation remains to be determined.

At expropriation, Fortis held an approximate 70% ownership interest in BEL, an integrated electric utility and the principal distributor in Belize, Central America, following investment at the invitation of the Government in 1999. Fortis also owns Belize Electric Company Limited ("BECOL"), a non-regulated hydroelectric generation business that operates three hydroelectric generating facilities in Belize. No expropriation order has been served in respect of BECOL.

As at March 31, 2011, the assets of BEL represented less than 2% of the total assets of Fortis; the combined assets of BEL and BECOL represented approximately 3% of the total assets of Fortis.

Venezuela Moves Forward With Expropriation of Matesi

June 21, http://ir.tenaris.com/releasedetail.cfm?ReleaseID=586578

Tenaris S.A. announced today that, within the framework of the Venezuelan National Assembly's law declaring all of Matesi's assets to be of public and social interest and ordering the Executive Branch to take the necessary measures for the expropriation of such assets, President Chavez issued Decree 8280/2011, which orders the expropriation of Matesi's assets as may be required for the implementation of a state-owned project for the production, sale and distribution of briquettes, and further instructs to commence negotiations and take any actions required for the acquisition of such assets.

While Tenaris is prepared to engage in negotiations with the Venezuelan government at any time, Tenaris is concerned about the absence of any meaningful progress in the discussions on compensation since Venezuela's 2009 announcement of the nationalization of Matesi. Tenaris continues to reserve all of its rights under Venezuelan and international law, including investment treaties, and will take legal actions against Venezuela to seek prompt, fair and adequate compensation for its entire interest (including assets and liabilities) in Matesi.

Tenaris is a leading global supplier of steel tubes and related services for the world's energy industry and certain other industrial applications.

China, Vietnam agree to resolve maritime dispute

June 26, http://in.reuters.com/article/2011/06/26/idINIndia-57924020110626

Reuters - China and Vietnam pledged on Sunday to resolve their maritime dispute through peaceful negotiations, a sign of easing tension over rival claims in the South China Sea which is believed to be rich in oil and gas.

Madagascar Oil Limited reports Resolution of Dispute with the Government of Madagascar

June 24, http://www.madagascaroil.com/news_pressreleases.php?neid=47

Madagascar Oil is pleased to announce that the dispute with the Government of Madagascar in connection with the Tsimiroro Block has now been resolved. The Company is also today highlighting certain key operational highlights prior to its Full Year Results due to be announced on 30 June 2011.

Commenting on today's announcement, Laurie Hunter, Chief Executive Officer, said: "We are pleased to have resolved the issues that have led to the suspension in trading of our shares. The last six months have highlighted risks associated with operating in frontier petroleum provinces, but we believe that our recent constructive dialogue with the Government of Madagascar has served to reaffirm our historical compliance under our contracts, the amount of work that we have already completed to date, and our clear and well funded plans for future development to bring online the country's first commercial oil production."

Canada-Bangladesh: Niko Resources to pay $9.5M fine for bribing official

June 24, http://www.nikoresources.com/upload/news_release/141/01/press-release.pdf

Niko Agrees to Pay $9,499,000 According to Agreed Statement of Facts

In an agreed statement of facts between Niko Resources Ltd. and the Crown, filed with the Alberta Court of Queen's Bench, Niko pleaded guilty to one count of bribery under the Corruption of Foreign Public Officials Act. The charge refers to two specific incidents that occurred in 2005: the provision of a vehicle for the personal use of the then-Bangladeshi Energy Minister, valued at $190,984; and the provision of travel costs to the same Minister to attend an Energy Expo in Calgary and a subsequent personal trip to New York, valued at $5,000.

The agreed statement of facts includes a recommendation on sentencing, which was accepted by the Court. The sentence includes a fine of $8,260,000 and an additional 15% Victim Fine Surcharge for a total amount of $9,499,000. Additionally, the sentence includes a Probation Order, which puts Niko under the Court's supervision for the next three years to ensure audits are done to ensure Niko's compliance with the Act. The costs of compliance with the Probation Order will be borne by Niko.

"What happened was wrong. We acknowledge this. We accept responsibility, and we appreciate the seriousness of the actions," said Niko Chairman and CEO Ed Sampson. "As a result of these events we have taken extensive steps in all aspects of our organization. One such step is the creation of the position of Chief Compliance Officer who reports directly to our Board, to ensure that something like this doesn't happen again."

Niko will continue with its commitment to uphold and maintain the highest standards in the conduct of its business and affairs in all aspects of its operations. Niko has, since 2009, adopted a full anti-corruption compliance program, training program and processes for risk assessment due diligence and compliance monitoring and reporting around the world to ensure it meets all Court probationary requirements and its own internal ethical and best practices standard. It regrets and apologizes for the errors and events which have resulted in the charges, and for its involvement.

Kenya: Anglo Leasing fights back

June 24, http://www.standardmedia.co.ke/InsidePage.php?id=2000037759&cid=4&ttl=Anglo%20Leasing%20fights%20back

Two firms linked to Anglo Leasing scandal sought protection from Kenyan court as a parliamentary watchdog committee questioned top Government officials over Sh147 million paid to local and overseas lawyers.

Ex-Ukraine PM Accuses Yanukovich of 'Mock' Trial

June 24, http://www.nytimes.com/reuters/2011/06/24/world/europe/international-us-ukraine-tymoshenko.html?_r=2&scp=3&sq=russia&st=nyt

Reuters - Former Ukrainian Prime Minister Yulia Tymoshenko used a pre-trial hearing Friday to allege President Viktor Yanukovich was behind a crooked court action that was certain to convict her of abuse of power.

Belarus To Sell Gas Pipelines To Russia

June 23, http://www.rferl.org/content/belarus_to_sell_gas_pipelines_to_russia/24244727.html

The Belarusian government says it is prepared to sell all its stakes in its natural gas pipelines to Russia's Gazprom for $2.5 billion.

Tunisia: A new (and soon last) page in Banque Franco-Tunisienne (BFT) saga

June 23, http://www.africaintelligence.com/MCE/business-circles/2011/06/23/a-new-%28and-soon-last%29-page-in-bft-saga%2C90913659-GRA-login

ABCI Investments is now recognized as the rightful owner of Banque Franco-Tunisienne (BFT). ABCI acquired the bank in 1989 but it was subsequently confiscated by the Tunisian government; ABCI petitioned the International Center for the Settlement of Investment Disputes (ICSID) for its return. [free registration]

US - CEMEX: Recent Developments Relating to Regulatory Matters and Legal Proceedings

June 22, http://www.sec.gov/Archives/edgar/data/1076378/000119312511170414/dex1.htm

On April 1, 2011, in connection with the European Commission’s antitrust investigations, the European Commission notified CEMEX, S.A.B. de C.V. about a decision under Article 18(3) of Council Regulation (EC) No 1/2003 of December 16, 2002 on the implementation of the rules on competition set forth in Article 81 of the EC Treaty (current Articles 101 and 102 of the EC Treaty), which included a request for CEMEX, S.A.B. de C.V. to deliver a material amount of information and documentation by June 27, 2011. CEMEX, S.A.B. de C.V. and several of its European affiliates filed an appeal before the General Court of the European Union for the annulment of such decision on the grounds that such request is contrary to several principles of European Union Law. In addition, on June 17, 2011, CEMEX, S.A.B. de C.V. and several of its European affiliates filed a claim for a provisional suspension of the obligation to comply with such decision before the General Court of the European Union.

Russia: Transneft shifts China oil price dispute to Rosneft, but conflict with CNPC is over

June 22, http://www.businessinsider.com/transneft-shifts-china-oil-price-dispute-to-rosneft-but-conflict-with-cnpc-is-over-2011-6

Transneft, the state-owned Russian oil pipeline company, is now refusing to pay state-owned oil producer Rosneft $26 million in money Transneft claims that the China National Petroleum Company (CNPC) should pay for pipeline deliveries of crude oil, but won’t.

Canada: Ridley Terminals, Suncor headed to arbitration

June 22, http://www.bclocalnews.com/bc_north/thenorthernview/business/124321723.html

After a lengthy period of inactivity, the court case involving Suncor Energy Inc. and Ridley Terminals has picked up again as the two sides proceed to arbitration over more than initially discussed.

APEC eyes firmer AsiaPac FTA

June 22, http://www.channelnewsasia.com/stories/economicnews/view/1136628/1/.html

The 21-member Asia-Pacific Economic Cooperation (APEC) meets again in November with the hope that plans for a Free Trade Area of the Asia-Pacific, or FTAAP, will take a firmer shape.

Russia: Court overturns ICAC ruling in favor of NLMK

June 23, http://www.steelguru.com/russian_news/Court_overturns_ICAC_ruling_in_favor_of_NLMK/211111.html

On June 21st 2011 the Moscow City Arbitration Court issued a ruling accepting NLMK’s application to overturn the International Commercial Arbitration Court award from March 31, 2011 which had partially satisfied the claim of Mr Nikolay Maximov and awarded the latter RUB 9.5 billion in compensation.

ITA Survey Tracks Rise of Latin American Arbitral Institutions

June 22, http://www.whitecase.com/News/Detail.aspx?news=4312

Download Survey: (8.3 mb, 40 pages) http://www.cailaw.org/ita/itasurvey.pdf

Press release - White & Case LLP has supported The Institute for Transnational Arbitration (ITA) on a new report called The Inaugural Survey of Latin American Arbitral Institutions. The Survey is a first-of-its-kind publication on international arbitral institutions in Latin America.

"We have released the first comprehensive regional survey of Latin American arbitral institutions," said Survey Editor Jonathan C. Hamilton, a partner at White & Case LLP. "The Survey tracks the evolving legal framework for arbitration and the suitability of Latin American jurisdictions and institutions when drafting arbitration clauses. It is a valuable tool for transactional and disputes lawyers, companies, governments, academics and institutions."

The Survey identified 165 arbitral institutions throughout Latin America with the objective of sharing information about institutions in the region and facilitating best practices in the administration of arbitration. With favorable laws in place, regional arbitral institutions have multiplied in number in Latin America. Some of these institutions already have significant cross-border caseloads and many more are on the rise, reflecting the emergence of an arbitration-friendly culture in Latin America.

The Survey features detailed information on 30 key arbitral institutions in Latin America, including information on their histories, commonalities and best practices. Some of the key findings include:

- A significant number of disputes heard by Latin American Arbitral Institutions involve foreign parties.

- While most cases involve private parties, an increasing number of cases involve state or municipal entities.

- As disputes are becoming increasingly complex, more and more cases are involving multiple parties.

- The majority of jurisdictions apply limited requirements for the selection of arbitrators, suggesting increasing autonomy given to parties to designate an arbitrator.

"As the Survey demonstrates, local and regional arbitral institutions, alongside the major international institutions, have contributed to the impressive growth of arbitration in Latin America and will play a critical role in dispute resolution going forward," said Eduardo Zuleta, Chair of the ITA Americas Initiative and Partner at Gómez-Pinzón Zuleta in Bogota, Colombia.

The ITA Americas Initiative encourages the development of arbitration in Latin America through publications and events, including the annual Americas Workshops co-sponsored with local and regional arbitral institutions. These workshops serve as forums for the continuing education of attorneys and professionals interested in arbitration, as well as cooperative opportunities for regional practitioners to meet and discuss new trends and best practices. The Survey was developed in part through presentations and discussions at conferences in Bogota, Colombia and Panama City, Panama, over the past year.

The Survey was edited by Hamilton and co-authored by members of the White & Case Latin America arbitration team, including Michael P. Daly, Courtney E. Hague, Daniel A. Kapner, Alex Khachaturian and Mairée Uran-Bidegain.

Czech Republic ranks third in number of faced arbitrations

June 20, http://praguemonitor.com/2011/06/21/n-%C4%8Dr-ranks-third-number-faced-arbitrations

The Czech Republic is "an easy target" for investors' arbitration lawsuits, and it is the third most frequently sued state in the world, after Argentina and Mexico, daily Lidove noviny (LN) writes Monday.

Bahamas: 'Centre of excellence' arbitration ambition

June 21, http://www.tribune242.com/features/Taste/06212011_Arbitrate_business_Page-1-Lead

... the Bahamas was looking to establish a "niche" for itself as "a centre for excellence" in resolving maritime and trust disputes through alternative dispute resolution (ADR), Ms Warren said arbitration was among a number of initiatives "dovetailing together" that could modernise this nation's standing as an international business centre. Acknowledging that the Arbitration Act and Arbitration (Foreign Arbitral Awards) Act, which both took effect on May 20, 2010, had put the Bahamas "in a very competitive position" when it came to the legislative platform, Ms Warren said the BFSB and BMA, coupled with other stakeholders, had established a committee to track the Bills and work with government on them.

Romania: Tuca Zbarcea & Asociatii and Freshfields to defend Romania in investment dispute

June 20, http://www.romania-insider.com/tuca-zbarcea-asociatii-and-freshfields-to-represent-romania-in-investment-dispute/26582/

The Authority for State Assets Recovery (AVAS) in Romania has selected the consortium formed by law firms Tuca & Asociatii and Freshfields Bruckhaus Deringer to represent Romania in an international arbitration, registered at the International Centre for Settlement of Investment Disputes (ICSID) by two Turkish businessmen. Omer Dede and Serdar Elhuseyni have complained that the Romanian State violated the privatization contract of IMUM Medgidia. The consortium was named winner following a selection procedure organized by AVAS.

Mexico: Castrol Faces Arbitration from Its Mexican Distributor LUBREK, has Breached Temporary Restraining Orders from a Judge in Mexico who Warns of Possible Criminal Activity

June 20, http://www2.bizjournals.com/houston/prnewswire/press_releases/national/Mexico/2011/06/20/MX18385

Castrol Mexico faces arbitration from LUBREK, its distributor in northern Mexico - On February 23, 2011, LUBREK obtained from a Mexican Judge sitting in Monterrey, Nuevo Leon, Temporary Restraining Orders to ensure the status quo of the relationship while initiating the corresponding arbitration.

These Orders included among others a formal prohibition for Castrol Mexico to sell, distribute or market, through their own means or through a third party, any of the Castrol Products to any of LUBREK's clients.

After reviewing the evidence filed by LUBREK, the Judge concluded in a resolution issued on March 18th, 2011: i) that Castrol Mexico had breached the Court Orders dictated on the 23rd of February, 2011, and ii) that in case of infringing the Court Orders again the responsible person could be subject to arrest, fine or indictment for disobeying the court order. The Court also, as a means of assuring compliance with its orders, requested the District Attorney to proceed with the correspondent investigations considering that Castrol Mexico's actions have indicated the possible existence of criminal conduct.

Some of the abuses claimed by LUBREK and found by the Court include: a) that Castrol Mexico, contrary to what was ordered by the Judge, designated a new distributor in the zone, b) that Castrol Mexico, contrary to what was ordered by the Judge, proceeded to make sales to LUBREK clients through a third party, and c) that Castrol Mexico, contrary to what was ordered by the Judge, did not comply in maintaining the "status quo" of the Distribution Agreement and therefore complying with its obligations there under.

Turkmenistan: Berdimuhamedov reassures Turkish businessmen

June 20, http://centralasianewswire.com/Berdimuhamedov-reassures-Turkish-businessmen/viewstory.aspx?id=4293

Turkmen President Gurbanguly Berdimuhamedov on Monday opened a new museum built by Turkish contractors and reassured Turkish investors that he is open to resolving business disputes.

Kazakhstan: BG Group shifts offices to Astana as $28bn gas breakthrough looms

June 20, http://www.telegraph.co.uk/finance/newsbysector/epic/bgdot/8585252/BG-Group-shifts-offices-to-Astana-as-28bn-gas-breakthrough-looms.html

Kazakh officials told Reuters last week that BG Group and the government were close to a deal whereby the state oil company Kazmunaigas would take 10pc of the Karachaganak project, something the Kazakhs have been demanding for more than a year.

Pakistan-India: Arbitration team visits Kashmir power project site

June 18, http://in.news.yahoo.com/arbitration-team-visits-kashmir-power-project-074647625.html

An India-Pakistan arbitration team left here Saturday for north Kashmir's Bandipora district to inspect the site of the upcoming Kishenganga hydro power project, an official said. 'The 19-member team arrived here yesterday (Friday) and would inspect the Kishenganga hydro power project site after Pakistan raised objections against the construction of the project close to the LoC (Line of Control),' an official told IANS, declining to be named.

ITLOS: Election of Seven Members of the Tribunal During the Twenty-First Meeting of States Parties

June 17, http://www.itlos.org/news/press_release/2011/press_release_167_en.pdf

Seven Members of the International Tribunal for the Law of the Sea have been elected at the twenty-first Meeting of the 162 States Parties to the United Nations Convention on the Law of the Sea, in session at United Nations Headquarters in New York. Among those seven Members, Judge Cot (France), Judge Gao (China), Judge Lucky (Trinidad and Tobago) and Judge Ndiaye (Senegal) were reelected and Mr Attard (Malta), Ms Kelly (Argentina) and Mr Kulyk (Ukraine) were newly elected by the States Parties.

Romania: Sterling Resources Files Notice of Dispute Under the Bilateral Treaty Between the State of Romania and Canada on Its Offshore Licenses in Romania

June 20, http://www.sterling-resources.com/news/2011/20-jun-2011.html

Sterling Resources Ltd. (TSX-V:SLG) ("Sterling" or the "Company") has filed a Notice of Dispute with the State of Romania under the Treaty for the Promotion and Reciprocal Protection of Investments between Romania and Canada (the "Treaty"). The Notice of Dispute was filed on June 20th, 2011 as a result of deliberate and discriminatory actions taken against the Company's investments on its Midia and Pelican Blocks in the Black Sea (the "Concession"). These actions include media attacks and various actions to block the progress of the Company's activities in its offshore license blocks.

The actions that have been taken by the State of Romania date back to early 2009. Sterling had a highly successful exploration campaign in 2008, and in February 2009 a territorial dispute with Ukraine affecting portions of the Concession area was resolved in Romania's favour. Immediately after this, an intense media campaign was initiated by Romanian public officials in the Romanian press including prejudicial and unfounded speculation regarding the legality of the Concession Agreement. There were also unfair and biased enquiries conducted by the Investigation Commission of the House of Deputies and by other Romanian State bodies. Later this gave way to sustained blockages on a number of fronts including the refusal to grant assignments to prospective assignees and the inability to obtain environmental and construction permits. In general, there also exists an inability to receive market prices for domestically-produced gas and an inability to export gas or receive equitable access to the National Transmission System. In addition, the Romanian authorities instructed the Prosecutor's Office Department for Investigation of Organized Crime and Terrorism ("DIICOT") to undertake an inquiry into the process followed by the government authorities when issuing the Concession agreement. Although we understand that the ongoing investigation is not directed against Sterling, its continued existence and slow pace have given rise to rumours and innuendo which tarnishes Sterling's reputation and have a severely detrimental effect on Sterling's ability to obtain timely and unbiased treatment from governmental authorities.

The Company has used quiet diplomacy in order to defend and protect its lawful rights under the Concession agreement. Sterling has shown openness and has been willing to co-operate fully with all Romanian authorities involved in order to bring necessary clarification so that its planned investments in the Concession can move forward unhindered. Unfortunately, these efforts have not been successful. More recently, the Company has attempted to force resolution by using specific provisions under the Concession agreement, such as declaration of Force Majeure and issuance of a notice of default. To date these further steps have not unlocked the impasse.

The Company's next recourse is to initiate the procedures for international arbitration under the Treaty. In the Treaty, Romania undertook obligations with respect to the protection of investments of Canadian investors into Romania. The Notice of Dispute allows for a six month period of negotiations in which to resolve the issues amicably. If Sterling is unable to obtain satisfactory resolution on all the issues within this period, the Company can then submit the matter to arbitration, if it so desires. Under the arbitration process, Sterling would claim monetary damages that reflect the entire and significant ultimate value of its offshore assets.

Mike Azancot, Sterling's Chief Executive Officer, said: "It is with much reluctance that the Company has had to take this step in our efforts to continue the exploration and development of oil and gas resources in our offshore license blocks. We have always been of the opinion that Romania's Black Sea offers the country the potential to reduce gas imports dramatically, provide for high levels of investment and tax receipts while providing significant employment opportunities. Sterling has until recently been the only non-Romanian operator to have achieved exploration success in the offshore arena. This success has, we believe, had a knock-on effect in encouraging other companies, including majors, to take offshore licenses with potentially significant future benefit for the country. Sterling intends to be at the forefront of creating the infrastructure and business development to help realize this great potential for Romania. Our actions now are focused on taking a proactive approach in assisting in the resolution of the current impasse. As a long-standing, loyal and patient investor in the country we continue to reiterate that our intention is to follow through on our business activities and we remain optimistic that, with prompt actions from the government, an amicable resolution can be reached without resorting to arbitration."

Sterling Resources Ltd. is a Canadian-listed international oil and gas company headquartered in Calgary, Alberta with assets in the United Kingdom, Romania, France and the Netherlands. The shares are listed and posted for trading on the TSX Venture Exchange under the symbol "SLG".

UN: New Guiding Principles on Business and human rights endorsed by the UN Human Rights Council

June 16, http://www.business-humanrights.org/SpecialRepPortal/Home

Advance edited version, 27 pages, PDF: http://www.business-humanrights.org/media/documents/ruggie/ruggie-guiding-principles-21-mar-2011.pdf

GENEVA - In an unprecedented step, the United Nations Human Rights Council has endorsed a new set of Guiding Principles for Business and Human Rights* designed to provide - for the first time - a global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity.

"The Council's endorsement establishes the Guiding Principles as the authoritative global reference point for business and human rights," said John Ruggie, the Secretary-General's Special Representative for Business and Human Rights. "They will also provide civil society, investors and others the tools to measure real progress in the daily lives of people."

The Guiding Principles are the product of six years of research led by Professor Ruggie from Harvard University, involving governments, companies, business associations, civil society, affected individuals and groups, investors and others around the world. They are based on 47 consultations and site visits in more than 20 countries; an online consultation that attracted thousands of visitors from 120 countries; and voluminous research and submissions from experts from all over the world.

The new standards outline how States and businesses should implement the UN "Protect, Respect and Remedy" Framework in order to better manage business and human rights challenges.

Under the "State Duty to Protect," the Guiding Principles recommend how governments should provide greater clarity of expectations and consistency of rule for business in relation to human rights. The "Corporate Responsibility to Respect? principles provide a blueprint for companies on how to know and show that they are respecting human rights. The "Access to Remedy? principles focus on ensuring that where people are harmed by business activities, there is both adequate accountability and effective redress, judicial and non-judicial.

In giving its endorsement, the Human Rights Council commended Professor Ruggie for developing the UN "Protect, Respect and Remedy" Framework, and recognized the role of the Guiding Principles in providing comprehensive recommendations for its implementation.

The Special Representative's mandate was created in 2005 by the then UN Commission on Human Rights (now Human Rights Council) in order to move beyond what had been a long-standing and deeply divisive debate over the human rights responsibilities of companies. Professor Ruggie, of Harvard University, was appointed to the position by Kofi Annan, UN Secretary-General at the time, and was extended in his role by current Secretary-General Ban Ki-moon. His aim was to build meaningful consensus among all stakeholders about the roles and responsibilities of both States and companies with regard to business's impacts on human rights. To achieve that consensus, he conducted extensive research and convened consultations around the world.

Learn more about the mandate and work of the Special Representative, visit: http://www.ohchr.org/EN/Issues/TransnationalCorporations/Pages/Reports.aspx and http://www.business-humanrights.org/SpecialRepPortal/Home

Algeria: Gas Natural reports Settlement With Sonatrach

June 15, http://www.bloomberg.com/news/2011-06-15/gas-natural-climbs-after-1-9-billion-settlement-with-algeria-s-sonatrach.html

Gas Natural SDG SA (GAS) rose the most in five months in Madrid after agreeing to pay Algeria’s Sonatrach $1.9 billion to settle a dispute while saying the Algiers-based energy company may take a stake in its Spanish distributor.

Russia: Rosneft Fails to End Yukos's U.K. Case Seeking $160 Million

June 14, http://www.businessweek.com/news/2011-06-14/rosneft-fails-to-end-yukos-s-u-k-case-seeking-160-million.html

Bloomberg - The Dutch remnant of Yukos Oil Co. won court permission to question the independence of Russia's judicial system in a U.K. case against OAO Rosneft over $160 million in interest on arbitration awards.

Russia: Rusal abandons claim to declare invalid conversion of MMC Norilsk Nickel shares into ADR & transaction with Trafigura

une 15, http://www.mineweb.com/mineweb/view/mineweb/en/page674?oid=129341&sn=Detail&pid=102055

Moscow - Court of arbitration of Krasnoyarsk Territory dismissed the claim of UC Rusal Investment Management LLC against Corbiere Holdings Ltd., Raleigh Investment Inc., Trafigura Beheer B.V., Bank of New York International Nominees, Bank of New York Mellon, OJSC MMC Norilsk Nickel, OJSC Norilsk Combine and OJSC Kola MMC.

Armenia: Caldera Resources Inc. Announces Binding Arbitration Hearing Set to Start On August 23, 2011

June 14, http://www.baystreet.ca/users/newswire/viewarticle.aspx?id=393099

Caldera Resources Inc., announced today that it has received a copy of an Order issued by the Minister of Energy and Natural Resources of the Republic of Armenia ("MENR"), Mr. Armen Movsisyan, annulling the warning notices of September 28 and October 13, 2010.

World Justice Project Rule of Law Index finds faults in China, Russia, US

June 13, http://www.worldjusticeproject.org/rule-of-law-index/

Download: http://worldjusticeproject.org/sites/default/files/WJPROLI2011_0.pdf

WASHINGTON - An annual survey of the rule of law around the world released Monday sees weak protections for fundamental rights in China, "serious deficiencies" in Russia, and problems with discrimination in the United States. Sweden and Norway scored highest on the World Justice Project Rule of Law Index, which ranks countries on such key areas as whether the government is held accountable, there is access to justice, rights are protected and crime and corruption is prevented.

* Timor Leste - Australia: Shell to build second floating LNG facility http://www.channelnewsasia.com/stories/singaporebusinessnews/view/1134934/1/.html

Royal Dutch Shell said it plans to install a second floating liquid natural gas (FLNG) facility in the natural gas field off Timor Leste and Australian waters. Shell said it will proceed with the project once it gets the go-ahead to enter the field. Timor Leste and Woodside Petroleum from Australia are in a dispute over the development of the field. Timor Leste intends to build an LNG plant onshore while Woodside Petroleum wants to build a floating LNG plant.

Ecuador Prepares For New Hearing In Occidental Petroleum Case

June 13, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201106131034dowjonesdjonline000157&title=ecuador-prepares-for-new-hearing-in-occidental-petroleum-case

Dow Jones - The office of Ecuador's Attorney General will represent Ecuador in Washington at a June 30 hearing in the arbitration case filed against the Andean country by U.S. oil company Occidental Petroleum Corp. (OXY).

Costa Rica: U.S. oil company demands contract from Costa Rica

June 10, http://www.ticotimes.net/Business-Real-Estate/U.S.-oil-company-demands-contract-from-Costa-Rica_Friday-June-10-2011

The Mallon Oil Company is pressuring Laura Chinchilla's government to allow for oil and natural gas exploration within Costa Rica. Two letters sent in the past seven months by representatives of the U.S. company warned that Costa Rican officials would face “legal, economic and international consequences” if the 11-year-old exploration contract is not honored. The first letter was sent November 2010 to Foreign Trade Minister Anabel Gonzáles, and a second one was sent March 31 to Costa Rica’s ambassador in Washington, D.C., Muni Figueres.

France: Lagarde "confident" about arbitration payout case

June 10, http://sg.news.yahoo.com/lagarde-confident-arbitration-payout-case-084503977.html

Reuters - French Economy Minister Christine Lagarde said on Friday she was confident about a judicial review of her role in a 2008 arbitration payout.

Philippines: Oil exploration near Spratlys to continue, says gov't

June 10, http://www.abs-cbnnews.com/business/06/10/11/oil-exploration-near-spratlys-continue-says-govt

Oil and gas explorations sanctioned by the Philippine government in Palawan sea will continue despite tensions with China over the oil-rich Spratly Islands, Energy Secretary Jose Rene Almendras said.

See also "Zone of eternal dispute" by The Economist: Clashes between China and the smaller claimants to parts of the South China Sea are increasingly likely. More at http://gulfnews.com/opinions/columnists/zone-of-eternal-dispute-1.819948

Philippines: Marcos crony claims US court vindication in BNPP mess

June 13, http://www.philstar.com/Article.aspx?articleId=695675&publicationSubCategoryId=63

Bernas cited an award sentence rendered by the International Court of Arbitration on Dec. 19, 1991, which concluded that "there is no evidence either of any agreement between Marcos and Westinghouse, or that Mr. Disini acted as agent for Marcos."

Pakistan: PSM panel to submit report on Femento fiasco

June 10, http://www.steelguru.com/middle_east_news/PSM_panel_to_submit_report_on_Femento_fiasco/209059.html

The News reported that an audit and finance committee of the Pakistan Steel Mills will submit a report within a month, fixing responsibility on the whole fiasco of the Femento. Mr Jawaid Iqbal Awan secretary production of PSM said that "We are also trying to bring back the vessel, carrying coal worth USD 20 million and hopefully, the Pakistan Steel Mills management will be able to bring the confiscated vessel back.

Pakistan: Ship carrying coal for PSM released

June 11, http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=51852&Cat=3&dt=6/11/2011

KARACHI - The Supreme Court of Canada has released the coal-loaded ship for Pakistan against a guarantee of one billion rupees.

Mongolia: Ivanhoe said arbitration proceedings with Rio Tinto to resume later this month

June 14, http://cnbusinessnews.com/big-oyu-tolgoi-copper-gold-mine-in-mongolia-23-built/

Ivanhoe said arbitration proceedings with project partner Rio Tinto regarding Ivanhoe's shareholders' rights plan is expected to resume later this month, following the expiry of a mutually-agreed six-month suspension.

Czechs seek emergency steps over solar arbitration threat

June 9, http://www.ceskapozice.cz/en/business/energy-green-biz/czechs-seek-emergency-steps-over-solar-arbitration-threat

Finance Ministry wants to sidestep normal tender rules to pick a legal team for a huge, looming solar power arbitration battle

Czech arbitration battler traces bloody 20 year fight

June 8, http://www.ceskapozice.cz/en/business/markets-finance/czech-arbitration-battler-traces-bloody-20-year-fight

Czech-Swiss arbitration battler against the Czech state, Josef Štáva, describes his long fight for justice and eventual decision to cash out

Zimbabwe: MDC-T Agrees to Mortgage Diamonds

June 10, http://allafrica.com/stories/201106101191.html

It adds that any dispute arising from the agreement would be settled through friendly consultation. If the parties fail to reach a settlement, the dispute would be referred to the International Court of Arbitration of the International Chamber of Commerce for arbitration.

Israeli, Palestinian businessmen to deepen ties via new arbitration arrangement

June 13, http://english.peopledaily.com.cn/90001/90777/90854/7407532.html

Despite a lingering freeze in the Mideast peace process, Israeli and Palestinian businessmen hope to strengthen working ties via a new forum, Israeli business daily TheMarker reported on Sunday.

Belarussian Power Cut Over $54M Bill

June 10, http://www.themoscowtimes.com/business/article/belarussian-power-cut-over-54m-bill/438601.html

Russia's Inter RAO followed through on its promise and reduced by 50 percent its electricity supplies to Belarus because of the troubled country's failure to make back payments.

Thailand: French company must repay kickbacks

June 9, http://www.english.rfi.fr/asia-pacific/20110609-french-company-loses-appeal-against-repayment-kickbacks

The French defence company Thales on Thursday lost its appeal against a ruling that it should pay damages of 630 million euros over the controversial sale of French frigates in 1991.

Also: http://focustaiwan.tw/ShowNews/WebNews_Detail.aspx?Type=aALL&ID=201106100006

Algeria Oil Min: Close To Agree With Gas Natural On Arbitration

June 8, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201106080614dowjonesdjonline000303&title=algeria-oil-minclose-to-agree-with-gas-natural-on-arbitration

Dow Jones - Algeria's energy minister, Youcef Yousfi, told Dow Jones, "We are close to reach an agreement with Gas Natural. It's a comprehensive accord."

Nigeria: Investment Council plans investment law for year end

June 8, http://234next.com/csp/cms/sites/Next/Money/Business/5711904-147/investment_council_plans_investment_law_for.csp

The Nigeria Investment Promotion Council (NIPC) is working towards the enactment of a National Investment Policy Framework to ensure a coordinated investment strategy for the country.

Russia, Norway resolve oil-rich Barents Sea dispute

June 7, http://www.allheadlinenews.com/articles/90050842?Russia%2C%20Norway%20resolve%20oil-rich%20Barents%20Sea%20dispute

In what could improve relations between them, Russia has agreed to divide its Barents Sea’s shares with Norway in a deal signed in Oslo on Tuesday. Both nations have been at odds over how to divide the 68,000 square mile region that is rich in oil and gas. The deal will allow companies of both the countries to explore for these reserves in the region.

Viet Nam: Arbitration proves useful in settling disputes

June 8, http://vietnamnews.vnagency.com.vn/Economy/212101/Arbitration-proves-useful-in-settling-disputes.html

A conference called Viet Nam - Global Investment Destination - An Arbitral Perspective in Ha Noi on Monday revealed that creating a transparent legal environment in which commercial arbitration is the tool in enterprise dispute settlement, contributes to more investment capital.

PCA: Republic of Rwanda will become the 112th member state of the Permanent Court of Arbitration

June 7, http://www.rnw.nl/international-justice/article/pca-%E2%80%93-more-cases-ever

The Republic of Rwanda will become the 112th member state of the Permanent Court of Arbitration on 28 June. PCA Secretary-General Christiaan Kröner explains the court's "untapped role" in resolving internal armed conflicts.

CPR Survey on the Use of Mediation in the Asia Pacific Region

June 6, http://www.magnetmail.net/forms/display_form.cfm?uid=IICPR&fid=25512&rtype=nonmm

CPR (www.cpradr.org) is currently collecting information about the use of mediation in the region and barriers to mediation use.

Vietnam insists on peaceful measures for East Sea issues: defense official

June 5, http://www.thanhniennews.com/2010/Pages/20110605173118.aspx

I think it's [bringing a case to the International Court of Arbitration] an option. But, in my opinion, the United Nations Convention on the Law of the Sea (UNCLOS) already established how to identify a nation's sovereignty and exclusive economic zone [the 200 mile marine border extending out from a country's coastline]. So, we don't need any court.

South Africa: Farmers win battle to sell Zimbabwe state assets

June 7, http://www.businesslive.co.za/incoming/2011/06/07/farmers-win-battle-to-sell-zimbabwe-state-assets

The High Court in Pretoria on Monday dismissed a Zimbabwean government application to set aside three court orders granted in favour of dispossessed farmers. The decision came more than a year after the court registered two SADC Tribunal rulings in favour of Zimbabwean farmers Louis Fick, Richard Etheredge and the late Michael Campbell. The Zimbabwean government asked the court to set aside this and two other rulings.

Angola: New investment law to provide incentives case by case

May 22, http://www.portalangop.co.ao/motix/en_us/noticias/economia/2011/5/22/New-investment-law-provide-incentives-case-case,dd2170dc-755b-4c4e-b440-614d3faccf24.html

Luanda – The co-ordinator of the Commission for Restructuring of the National Private Investment Agency (ANIP), Aguinaldo Jaime, on Friday in Luanda said that in the new Investment Law the facilities and incentives will be negotiated case by case with each investor.

Qatar proposes to set up arbitration court branch

June 6, http://www.thepeninsulaqatar.com/business-news/154758-qatar-proposes-to-set-up-arbitration-court-branch.html

The proposed chapter could cater to the needs of businessmen from the entire Middle East and North Africa region, which of course includes the GCC states. The proposed branch would also help further boost foreign investment flow into the country, says a senior official of the Qatar Chamber of Commerce and Industry (QCCI).

South Africa: ArcelorMittal SAfrica asks to join case against ICT

May 30, http://www.arcelormittalsa.com/Portals/0/ArcelorMittal%20SAfrica%20asks%20to%20join%20case%20against%20ICT.pdf

Reuters - ArcelorMittal South Africa has decided to join Kumba Iron Ore in its legal case against Imperial Crown Trading, which was granted a prospecting right over an area already mined by Kumba. The decision on whether ArcelorMittal can join Kumba in its case against ICT will be heard on June 2. The arbitration case between ArcelorMittal and Kumba is set for May next year.

EVN-Macedonia arbitration cases closed

June 2, http://macedoniaonline.eu/content/view/18283/45/

The Macedonian Government and power utility company EVN have agreed to close the arbitration cases in Washington and London, said Vice Premier for Economic Affairs Vladimir Pesevski and EVN Macedonia Holding Executive Director Guenther Ofner at Thursday's press conference.

Interview with Abby Cohen Smutny "Arbitrating cross-border cases Investment treaties rely on faith in the process"

June 1, http://www.praguepost.com/business/8915-arbitrating-cross-border-cases.html

Abby Cohen Smutny, an expert in international investment treaty arbitration for global law firm White & Case, was in Prague May 26 and spoke to The Prague Post about the changing landscape of international disputes.

Czech state tops European arbitration rankings

June 1, http://www.ceskapozice.cz/en/business/markets-finance/czech-state-tops-european-arbitration-rankings

The Czech Republic is Europe's leader and third in the world for arbitration cases launched by international investors against the state.

EVENTS

JOBS / MOVES

Chelva Rajah SC, Director of SIAC, Appointed to Commonwealth Secretariat Arbitral Tribunal

June 21, http://www.siac.org.sg/cms/index.php?option=com_content&view=article&id=306:cr-rajah-appointment-on-commonwealth-tribunal&catid=1:latest-news&Itemid=50

Chelva Rajah SC, a Director of Singapore International Arbitration Centre ("SIAC") and head of M/s Tan Rajah & Cheah's dispute resolution team, has been appointed by the Commonwealth Secretariat, as a member of its Arbitral Tribunal. Mr Rajah is the first Singaporean to be appointed to the Tribunal and will serve on the panel for a term of four years.

AAA Elects New Board Members

May 23, http://www.adr.org/sp.asp?id=39746

The American Arbitration Association elected nine new members to its board of directors and presented an award to the Honorable Marc Lalonde, former minister of justice of Canada, during its recent annual meeting.

The newly elected AAA board members are:

• Arthur Chong, executive vice president, general counsel, and secretary of Broadcom Corp.
• Harold Coleman Jr., a San Diego-based professional mediator and arbitrator whose practice focuses on complex business, real estate, commercial, consumer, and employment disputes.
• Judith Ann Freedberg, director of professional programs at the University of Miami School of Law, where she coordinates its international arbitration program. She has served as general counsel for the Permanent Court of Arbitration at The Hague.
• Elisa Garcia, executive vice president, general counsel, and corporate secretary for Office Depot Inc.
• Teresa Giovannini, co-founding member at Lalive in Geneva. She specializes in international litigation and arbitration and art law.
• Melinda Hatton, general counsel to the American Hospital Association, providing leadership on all legal matters for the organization.
• Kaj Hobér, a partner in Mannheimer Swartling Advokatbyrå in Stockholm and a professor of East European law at Uppsala University (Sweden), where he also teaches international arbitration and international investment and trade law.
• William F. Jessee, M.D., president and chief executive officer of the Medical Group Management Association. He is a clinical professor of preventive medicine and biometrics at the University of Colorado Health Sciences Center in Denver.
• Wolf Juergen von Kumberg, European legal director and assistant general counsel to Northrop Grumman Corp. and its predecessor, Litton Industries Inc.

Matthew Rushton Joins JAMS International as Deputy Director

May 23, http://www.jamsadr.com/matthew-rushton-joins-jams-international-as-deputy-director-05-23-2011/

London – JAMS International continues its growth with the addition of Matthew Rushton as deputy director. Mr. Rushton, who currently owns The Mediator Magazine, will start May 23. He will assist the managing director with identifying and selecting panelists, growing the client list, developing marketing opportunities and more.

BOOKS

Various books by OUP

An short list of six books recently published by OUP.
OUP offers a 20% discount to TDM/OGEMID readers, contact us for info.

• International Commercial Arbitration in Sweden
  Prof. Dr Kaj Hobér
  978-0-19-921852-3 | April 2011 | Hardback | 512 pages
  
  International Commercial Arbitration in Sweden offers comprehensive coverage and analysis of the principles, rules and legal aspects of international commercial arbitration in Sweden. Sweden has long been a leading centre for international arbitrations, particularly for disputes involving parties from the former Societ Union, other Eastern European countries, and China.
  
  Written by a renowned author with more than 25 years experience, practicing both as counsel and arbitrator, this book utilizes personal and professional experience to provide the non-Swedish reader with an in-depth knowledge of Swedish arbitration laws as they are applied internationally. Special attention is paid to issues relating to the conflict of laws and further aspects of private and public international law.
  
  The publication features significant related materials as appendices: the Swedish Arbitration Act in English, the Rules of the Stockholm Chamber of Commerce, and the UNCITRAL Arbitration Rules.
  
  
• EU External Relations Law (2nd edition)
  Piet Eeckhout, Oxford European Union Law Library
  978-0-19-960663-4 | May 2011 | Hardback | 624 pages
  
  
• The Evolving International Investment Regime
  Expectations, Realities, Options
  J.E. Alvarez, K.P. Sauvant, With K. Girard Ahmed and G.P. Vizcamno
  OUP USA, 978-0-19-979362-4 | June 2011 | Hardback | 304 pages
  
• A Guide to the Icdr International Arbitration Rules
  Martin F. Gusy, James M. Hosking, and Franz T. Schwarz
  978-0-19-959684-3 | Hardback | April 2011 | 440 pages
  
  
• Blame It on the Wto? a Human Rights Critique
  Sarah Joseph
  978-0-19-956589-4 | Hardback | April 2011 |368 pages
  
  
• The Law of Treaties Beyond the Vienna Convention
  Edited by Enzo Cannizzaro
  978-0-19-958891-6 | February 2011 | Hardback | 496 pages

ICSID

Award: Impregilo S.p.A. v. Argentine Republic (ICSID Case No. ARB/07/17)

Water services concession. Award rendered on June 21, 2011; attached to the award are concurring and dissenting opinions by two of the arbitrators.

Award: Impregilo S.p.A. v. Argentine Republic (ICSID Case No. ARB/07/17)

Award and concurring and dissenting opinions by two of the arbitrators (Stern, Brower) available on http://icsid.worldbank.org/

New: Hussain Sajwani, Damac Park Avenue for Real Estate Development S.A.E., and Damac Gamsha Bay for Development S.A.E. v. Arab Republic of Egypt (ICSID Case No. ARB/11/16)

Property development projects, Registered June 20. Tribunal not yet constituted.

New: Renée Rose Levy and Gremcitel S.A. v. Republic of Peru (ICSID Case No. ARB/11/17)

Property development project, Registered June 24. Tribunal not yet constituted.

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

Status of Proceeding: Respondent files a counter-memorial on the merits and a reply on jurisdiction on June 2

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

Status of Proceeding: Respondent files a counter-memorial on the merits and a reply on jurisdiction on June 2 Tribunal issues a decision on production of documents on June 9

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

Status of Proceeding: Respondent files a counter-memorial on the merits and a reply on jurisdiction on June 2

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

Status of Proceeding: Tribunal issues a procedural order concerning the procedural calendar on June 7

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

Status of Proceeding: Tribunal holds a hearing on jurisdiction by telephone conference on June 3

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

Status of Proceeding: Claimant files a rejoinder on the counter-claim and the additional objections on jurisdiction on May 26

Swisslion DOO Skopje v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/09/16)

Status of Proceeding: Respondent files observations on the Claimant's request for production of documents on June 13

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

Status of Proceeding: Tribunal issues a procedural order on production of documents on June 10

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

Status of Proceeding: Tribunal issues a further decision on the stay of enforcement of the award on June 7

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

Status of Proceeding: Republic of Panama files observations on the applicants' response of June 3, 2011 on June 9

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

Status of Proceeding: Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1) on June 9

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

Status of Proceeding: parties file post-hearing briefs on June 7

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

Status of Proceeding: Tribunal issues a further decision on the stay of enforcement of the award on June 7

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

Status of Proceeding: parties file post-hearing briefs and statement of costs on June 10

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

Outcome of Proceeding: The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) on June 15, 2011.

Highbury International AVV and Ramstein Trading Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/1)

Tribunal Constituted: June 14, Composition: Eduardo Barros Bourie, Claus von Wobeser

Swisslion DOO Skopje v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/09/16)

Status of Proceeding: Claimant files a response to the Respondent's observations of June 13, 2011 on June 13

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

Status of Proceeding: Claimant files a rejoinder on jurisdiction on June 13

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

Annulment Proceeding Registered, ad hoc Committee not yet constituted

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

Status of Proceeding: parties file observations on the non-disputing party's application to file a written submission pursuant to ICSID Arbitration Rule 37(2) on June 10

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

Status of Proceeding: ad hoc Committee holds a hearing on annulment in Paris on June 7-8

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

Status of Proceeding: Respondent files a memorial on jurisdiction on June 6

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 June 20

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

Status of Proceeding: Respondents file a memorial on revision on June 17

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

Status of Proceeding: arbitrator furnishes explanations in regard to the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3) on June 16

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

Status of Proceeding: Respondents file a memorial on revision on June 17

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

Status of Proceeding: Claimant files a memorial on quantum on June 18

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

Status of Proceeding: Claimant files observations on the Respondent’s statement of costs on June 21

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

Status of Proceeding: the resignation of one of the arbitrator, the Centre notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2) on June 22

Bernhard von Pezold and others v. Republic of Zimbabwe (ICSID Case No. ARB/10/15)

Status of Proceeding: the resignation of one of the arbitrator, the Centre notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2) on June 22

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

Status of Proceeding: Respondent files a memorial on jurisdiction on June 23

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

Status of Proceeding: Tribunal issues a decision joining the objections to jurisdiction to the merits; the proceeding is resumed on June 17

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

Status of Proceeding: parties file observations regarding the statements of costs on June 24

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

Status of Proceeding: Claimants file a counter-memorial on jurisdiction on June 22

Bureau Veritas, Inspection, Valuation, Assessment and Control, BIVAC B.V. v. Republic of Paraguay (ICSID Case No. ARB/07/9)

Status of Proceeding: Respondent files a rejoinder on the merits on June 9

Suez, Sociedad General de Aguas de Barcelona S.A. and Vivendi Universal S.A v. Argentine Republic (ICSID Case No. ARB/03/19)

Status of Proceeding: Tribunal issues a procedural order concerning the appointment of a financial expert on June 15

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

Status of Proceeding: Claimants file a reply on the merits on June 24

Tza Yap Shum v. Republic of Peru (ICSID Case No. ARB/07/6)

Status of Proceeding: Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1) on June 27

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

Status of Proceeding: parties file post-hearing briefs on June 27

Electrabel S.A. v. Republic of Hungary (ICSID Case No. ARB/07/19)

Status of Proceeding: Tribunal issues Procedural Order No. 10 concerning the procedural calendar on June 24

Giovanni Alemanni and others v. Argentine Republic (ICSID Case No. ARB/07/8)

Status of Proceeding: Tribunal holds a hearing on jurisdiction in Paris on June 7-8

Sempra Energy International v. Argentine Republic (ICSID Case No. ARB/02/16)

Status of Proceeding: Tribunal holds a first session in London on June 24

Enron Creditors Recovery Corporation (formerly Enron Corporation) and Ponderosa Assets, L.P. v. Argentine Republic (ICSID Case No. ARB/01/3)

Resubmission Proceeding, Tribunal Constituted: June 29. Cecil W. M. Abraham Kamal Hossain David A.R. Williams

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