issue #08, week 30. 27 July 2011
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

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

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Università degli Studi of Milan: Twelve new courses in English - Academic year 2011 / 2012 at the Milan State University

July 2011, http://www.dirppie.unimi.it/professori_ordinari/boschiero.html

The Faculty of Law at Università degli Studi di Milano (Milan State University) - Italy - is going to offer the next academic year (2011/2012) twelve new courses, entirely taught in English, on various subject matters, with the aim of improving the internationalization of the legal education. The topics are: - Competition Law & Economics; - Ombudsman in Europe; - International Agricultural Law; - Advance International Refugee Law; - International Investment Law and Disputes; - Negotiation & ADR; - International Insolvency Law; - Law and Ontology; - International Criminal Law; - International Corporate Governance; - Financial Markets and Institutions; and - European Criminal Law.

These courses, spread over the two academic semesters, are open both to Italian students and to the foreigners who might decide to spend at the Università degli Studi di Milano half, or even an entire academic year, in their different qualities (Erasmus students, visiting researchers...).

The courses are aimed at providing the students not only with the theoretical basics of each subject matter, but also with the relevant practical tools and background in view of the different professional careers. Therefore, they are characterized by theoretical lessons, as well as practical and interactive seminars and workshops.

In addition, some modules might see the participation, over the years, of internationally renowned visiting professors, who are academics, practitioners or members of organizations and instituions with remarkable experience in the respective sectors.

Finally, in order to fill the gap between the University education and the professional world, the Faculty of Law has developed many relations with international Organizations and Institutions, which operate in different fields of law (International Trade, International Arbitration, Human Rights, Immigration, Maritime Law, Security and Cooperation...), by which the most outstanding students, who have succesfully attended the courses, can carry out a period of internship.

For any information please contact prof. Nerina Boschiero, Full Professor of International Law, at

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)

July 18, http://www3.icj-cij.org/presscom/index.php?pr=2361&p1=6&p2=1&lang=en

Request for the indication of provisional measures. The Court finds that both Parties must immediately withdraw their military personnel currently present in the provisional demilitarized zone defined by it, and refrain from any military presence within that zone and from any armed activity directed at that zone.

IFC and Papua New Guinea Courts Promote Mediation to Resolve Business Disputes

July 26, http://www.ifc.org/ifcext/media.nsf/content/SelectedPressRelease?OpenDocument&UNID=7DDE18BEC114872A852578D90011523F

IFC, a member of the World Bank Group, is helping promote the use of mediation among lawyers and business owners in Papua New Guinea as a means to resolve business disputes quicker, cheaper, and on good terms.

WTO to rule on Japan's green energy complaint against Canada

July 20, http://www.google.com/hostednews/afp/article/ALeqM5heHj-n9Esd0MHvOB3NDikuTD4UCQ?docId=CNG.f7f503a6aede16a0648e161326c40fa9.121

AFP - The World Trade Organization said on Wednesday it will rule on a Japanese claim that a Canadian province's renewable energy programme flouts international trade law. "A panel was established," a spokesperson from the world trade body said, referring to a team of arbitrators.

See also http://ictsd.org/i/news/bridgesweekly/110923/

Arbitration Panel Issues Declaration that Goldbrook entitled to 25% Interest in Nunavik Nickel Project

July 20, http://www.goldbrookventures.com/media/2011GBKJuly20.pdf

As Goldbrook Ventures Inc. announced on October 20, 2010, Goldbrook commenced an arbitration (the "Arbitration") pursuant to the Shareholder, Joint Bid and Operating Agreement between Jilin Jien Nickel Industry Co., Ltd., Jien International Investment Ltd. and Jien Canada Mining Ltd., dated August 6, 2009 (the "Shareholders Agreement") against Jilin Jien Nickel Industry Co., Ltd. and its affiliates ("Jilin Jien").

The Arbitration was in respect of Jilin Jien's purported issuance of 494 voting common shares of Jien Canada Mining Ltd. ("Jien Canada") that would reduce Goldbrook's percentage of voting shares, and consequently Goldbrook's interest in the Nunavik Nickel Project, from 25% to 4.21% (the "Dilution"). Today the Arbitration Tribunal issued a partial final award in respect of the Arbitration.

The Arbitration Tribunal found that Goldbrook is entitled under the Shareholders Agreement to be the holder of 25% of the voting shares of Jien Canada and that the issuance of 494 voting shares that would have effected the Dilution was not authorized by, and was contrary to, the Shareholders Agreement.

The Tribunal further directed that if Goldbrook intends to seek an award directing the steps to be taken to restore its 25% shareholding beyond the declarations made in the Award that the Tribunal requires submissions from the parties on that issue. The Tribunal has reserved its jurisdiction to decide all matters relating to costs until any further submissions have been made.

Goldbrook intends to pursue any further steps necessary in order to restore its 25% interest in the Nunavik Nickel Project.

Brazil: Casino Group files second request for arbitration at the International Chamber of Commerce

July 4, http://www.groupe-casino.fr/en/NOTICE-BY-CASINO.html

Casino Group today announced that it has filed on July 1, 2011 a second request for arbitration at the International Chamber of Commerce - ICC - against the Diniz Group, following the proposal simultaneously presented on June 28th, 2011 to CBD and its shareholders.

In doing so, Casino, first shareholder of CBD, seeks to ensure the respect for the procedures established by the Shareholders' Agreements as of November 27th, 2006.

Pursuant to Brazilian law, this arbitration includes CBD as an intervening party. This measure protects CBD by ensuring the full effectiveness of the arbitral award.

Casino reaffirms its commitment to CBD, as well as its confidence in CBD's management. A shareholder since 1999, the Casino Group has continuously supported the growth and development of CBD.

British Virgin Islands-Canada-Kazakhstan: Court hears ENRC bid to strike out £1.2 billion lawsuit

July 25, http://www.iii.co.uk/news/?type=reutersnews&articleid=TRE76O1UI&feed=Bus&action=article

Reuters - A British Virgin Islands court will on Monday consider an application from units of Kazakh miner ENRC to strike out a $2 billion (1.2 billion pounds) claim filed by Canadian rival First Quantum Minerals over a disputed Congo copper project.

Bulgaria is ready to submit counterclaims against Atomstroyexport

July 21, http://www.focus-fen.net/index.php?id=n255261

Bulgaria is ready to submit counterclaims against Atomstroyexport, press office of the Ministry of Economy and Energy announced.

Bulgaria: NEK EAD will lodge a claim against Atomstroyexport for unpaid equipment amounting to 61 mln Euro

July 22, http://www.nek.bg/cgi?d=2834

In connection with the information disseminated in the Russian public domain about a claim lodged by Atomstroyexport to the Arbitration Court in Paris against NEK EAD, we inform you about the following:

The National Electricity Company is surprised to learn about this fact from the Russian mass media and not officially from Atomstroyexport.

Our company hasn't officially received any notification from the Russian party about such a claim lodged to court.

During the negotiations between the two parties the National Electricity Company many times raised the issue about unpaid sums related with a contract for purchase of the old equipment from the Belene NPP site. The sum which Atomstroyexport owes to NEK EAD under these engagements amounts to over 61 mln Euro. That's the reason why NEK EAD stopped its payments to Atomstroyexport.

Atomstroyexport notified NEK EAD by an official letter that it found our claims justified and suggested a new meeting between the two parties for settling these issues. NEK EAD has always been open to dialogues for solving any problems that may occur.

When NEK EAD receives a formal letter from the Russian party that it has instituted proceedings against NEK EAD, our company will also institute legal proceedings against the Russian party by lodging a claim against it for unpaid equipment amounting to 61 mln Euro.

Canada: Tar Sands campaigners challenge Canada-EU trade talks in Brussels

July 7, http://www.canadians.org/media/trade/2011/07-Jul-11.html

Campaigners will gather in Brussels next week at the start of the latest round of Canada-EU free trade negotiations, to call for the talks to be put on hold due to concerns that they will boost Europe's involvement in Canada's destructive tar sands industry.[1]

On Monday they will hold a 'Lobby Tour'[2] of the offices of organisations who have been pushing to get further rights for European oil companies to exploit the controversial oil source, and undermine the EU's ability to pass effective climate policy, such as the Fuel Quality Directive.[3] On Tuesday they will participate in a meeting co-hosted by Keith Taylor MEP and Kriton Arsenis MEP in the European Parliament.[4]

Chevron Experts Subpoenaed by Ecuador for Fight at Hague

July 25, http://www.courthousenews.com/2011/07/25/38435.htm

The Ecuadorean government hopes to fight allegations at The Hague that its judiciary fraudulently entered an $18 billion judgment against Chevron by accessing testimony from the oil company's consultants.

China, EU to seek bilateral investment treaty

July 14, http://www.chinadaily.com.cn/china/2011-07/14/content_12906429.htm

China and the European Union (EU) have agreed to negotiate a bilateral investment treaty, said China's Minister of Commerce Chen Deming on Thursday. He made the remarks during a joint briefing in Beijing with the visiting EU Trade Commissioner Karel De Gucht. The minister said the two sides discussed a wide range of issues including investment, trade and intellectual property rights (IPR).

China: In May I.M. Skaugen SE (IMS) received an interim award from the HKIAC for immediate release of ship

July 18, http://cws.huginonline.com/I/179/PR/201107/1531208_5.html

In May I.M. Skaugen SE (IMS) received an interim award from the Hong Kong International Arbitration Centre with a positive decision for our legal demands of an immediate release of the ship by the Chinese counterparties involved. The next step is now to make the relevant Chinese authorities and courts enforce this verdict in mainland China. The ship yard is cooperating to deliver the ship, but the trading house involved is not.

Through this process, we have received continuous support and assistance from the Chinese Government and based on the legal position from the award we believe that the export license may soon been issued, and thus enable us to finally take delivery of the last 3 Wintergas vessels in 3Q 2011.

Czech Rep no soft touch after arbitration win with German investor

July 19, http://www.ceskapozice.cz/en/news/politics-policy/czech-rep-no-soft-touch-after-arbitration-win-german-investor

The Czech Republic has won the second biggest arbitration it is currently facing with a ruling against a German businessman's claims for around Kc 4 billion in damages, the Ministry of Finance announced on Tuesday. "The international arbitration tribunal dismissed all claims of German investor Joseph Rupert Binder against the Czech Republic amounting to nearly Kc 4 billion," the ministry said in a statement.

Press release: Weinhold Legal Assisted Czech State in Winning Arbitration With German Entrepreneur, R. J. Binder

Weinhold Legal, v.o.s. - The law firm of Weinhold Legal successfully represented the Czech Republic in international arbitration proceedings initiated by German entrepreneur, Rupert Joseph Binder, in respect of the alleged frustration of his investment in the company CARGO TRANSPORT - INTERNATIONALE SPEDITION, spol. s r.o. The claimant asserted that his rights were breached by the actions of the Czech customs administration when enforcing guarantee claims against his company.

The proceedings before the international arbitral tribunal residing in Prague had been pending since 2005; the final award was rendered on 15 July 2011.

The arbitration proceedings were conducted on the basis of the Treaty concluded between the Federal Republic of Germany and the Czech and Slovak Federative Republic on 2 October 1990 regarding the Promotion and Mutual Protection of Investments.

The international arbitral tribunal dismissed all claims of the claimant lodged against the Czech Republic; the asserted claims totalled nearly 4 billion CZK.

"It is very satisfying that the tribunal, which was composed of reputable foreign arbitrators, unequivocally refused the assertions that the Czech-German Bilateral Investment Treaty had been breached," said Daniel Weinhold.

Egypt: EMG shareholders pursue legal action against Egypt

July 11, http://af.reuters.com/article/egyptNews/idAFLDE76A0I520110711

Reuters - International shareholders in East Mediterranean Gas Co (EMG) are pushing ahead with legal claims against Egypt for $8 billion in damages from contract violations in gas supplies, a company official said.

Seel also "Ampal-American Israel Corporation and Other EMG International Owners Launch International Arbitration Process against the Government of Egypt" http://www.ampal.com/pages/news_room/window/press.php?id=581849

Tel Aviv, May 31, 2011 GLOBE NEWSWIRE -- Ampal-American Israel Corporation, a holding company with experience in acquiring interests in various businesses with emphasis in recent years on energy, chemical and related fields, announced today, that Ampal, as a holder of a 12.5% interest in East Mediterranean Gas S.A.E. ("EMG"), has joined EGI-Fund (08-10) Investors, L.L.C., PTT International Company Limited and other international EMG's shareholders, in taking the formal steps required to initiate an international arbitration process against the Government of Egypt ("GOE") under the U.S.-Egypt bilateral treaty for the protection of investments.

The process was launched when EMG and other international shareholders gave formal notice to the relevant Egyptian ministries demanding consultations with regard to breaches under the Gas Supply and Purchase Agreement (the "Gas Contract") between EMG and the Egyptian General Petroleum Corporation and the Egyptian Natural Gas Holding Company (together the "Seller"), which include the failure to deliver the contractually required amounts of gas to EMG. These violations of the Gas Contract constitute violations of the Treaty between the United States of America and the Arab Republic of Egypt Concerning the Reciprocal Encouragement and Protection of Investments. In the event that the current dispute is not resolved through consultations, EMG's shareholders intend to submit the dispute to the International Centre for the Settlement of Investment Disputes in Washington DC.

...

El Salvador: International Arbitration Court Unveils Ruling Favourable to Enel Green Power on the Lageo Case

July 7, http://www.enelgreenpower.com/en-GB/media_investor/press_releases/release.aspx?iddoc=1645485

The decision of the Arbitration Court on the joint venture between Enel's renewables company and Inversiones Energéticas (INE) for the development of geothermy in El Salvador paves the way for Enel Green Power to make greater investments in El Salvador and supports geothermal development in the country.

Rome and San Salvador, July 6th, 2011 - The International Chamber of Commerce yesterday notified the parties of the ruling issued by the Arbitration Court on May 30, 2011 in Paris, in the international arbitration proceeding initiated by Enel Green Power against its partner in LaGeo, Inversiones Energéticas (INE), for recognition of its right to make investments in LaGeo by means of capitalization of such investments, thus achieving the majority stake in that company's share capital.

The Arbitration Court recognised Enel Green Power's right to make further investments through the joint venture LaGeo in geothermal energy in El Salvador and to capitalise such investments in LaGeo itself by means of the subscription of new shares in that company.

This right, based on the Agreement between LaGeo shareholders, signed on June 4th, 2002, will enable Enel Green Power to acquire the majority of LaGeo's share capital.

In addition, the Arbitration Court dismissed in its entirety a counterclaim brought by INE against Enel Green Power for alleged damages. The Arbitration Court concluded that there are no legal grounds for this counterclaim.

Georgia: Patarkatsishvili Family, Gov't Say 'Dispute Settled'

July 6, http://www.civil.ge/eng/article.php?id=23709

The family of late tycoon Badri Patarkatsishvili will no longer claim ownership over Imedi TV station, according to a deal reached with the Georgian government, the both sides have said.

The deal will also apply to Mtatsminda Park in Tbilisi - another asset, previously disputed between the late tycoon's family and the government. Details of the deal, signed by Deputy Justice Minister Tina Burjaliani and Bari Patarkatsishvili's widow Ina Gudavadze on July 6, were not released.

...

"An end has been put to all the disputes [between the Patarkatsishvili family and the government] and I would highlight the one, which was ongoing in the international arbitration," Tina Burjaliani said after signing of the agreement.

Germany ratifies new investment treaty with Pakistan

July 9, http://nation.com.pk/pakistan-news-newspaper-daily-english-online/Business/09-Jul-2011/Germany-ratifies-new-investment-treaty

Germany on Friday ratified new Bilateral Investment Treaty with Pakistan after obtaining the consent of its Parliament. The modern version of Bilateral Investment Treaty was signed on December 1, 2009 in Berlin during the visit of Prime Minister Yousuf Raza Gilani. Pakistan ratified the new treaty in 2010. After ratification by Germany, the new Bilateral Investment Treaty replaces the old agreement for protection of investment, which the two countries had signed in 1959.

Full text of India-US joint statement

July 19, http://www.hindustantimes.com/Full-text-of-India-US-joint-statement/Article1-722986.aspx

India's Minister of External Affairs Shri SM Krishna and the US Secretary of State Hillary Rodham Clinton met in New Delhi on July 19, 2011, for the second annual meeting of the India-US Strategic Dialogue. The leaders recognized the achievements made since the inaugural Strategic Dialogue in June 2010 and President Obama's historic visit to India in November 2010 in advancing our two countries' shared interests. They committed to continuing to broaden and deepen the India-US global strategic partnership.

India rejects clause on litigation [EU]

July 4, http://www.livemint.com/2011/07/04002124/India-rejects-clause-on-litiga.html

Despite a demand by the European Union (EU), India is unlikely to allow a clause in a proposed trade pact with the bloc that permits an overseas investor to sue a host country at an international dispute settlement agency. EU wanted the inclusion of such a clause, known as an investor to state dispute settlement mechanism, in a draft investment chapter under the proposed trade and investment agreement, negotiations for which started in 2007. Mint has reviewed a copy of the draft.

India, U.S. to fast-track bilateral investment treaty dialogue

June 23, http://www.thehindu.com/business/Economy/article2128250.ece

Seeking to enhance the economic relationship between the two nations, India and the United States on Thursday agreed to put the technical negotiations for early conclusion of a bilateral investment agreement (BIA) on the fast track.

India: Devas moves international court to get back Antrix deal

July 10, http://timesofindia.indiatimes.com/india/Devas-moves-international-court-to-get-back-Antrix-deal/articleshow/9177606.cms

Devas Multimedia has approached the International Court of Arbitration (ICA) seeking restoration of its contract with Indian Space Research Organisation's (ISRO) commercial arm Antrix which was terminated in February after allegations of wrongdoing emerged over the allocation of S-band spectrum.

Ireland: Warner Chilcott Announces Decision in ACTONEL Arbitration

July 15, http://finance.sfgate.com/hearst.sfgate/news/read?GUID=18972892

Warner Chilcott plc today announced that it received a decision from the arbitration panel in its previously disclosed arbitration proceeding relating to the termination date of its global collaboration agreement with Sanofi-Aventis U.S. LLC ("Sanofi"). Under the collaboration agreement, Warner Chilcott and Sanofi co-develop and market ACTONEL on a global basis, excluding Japan, and Warner Chilcott markets its next generation product, ATELVIA, in the United States.

Libya: Qadhafi regime tells operators to start pumping oil

July 11, http://www.petroleum-economist.com/Article/2863311/Upstream/Exclusive-Qadhafi-regime-tells-operators-to-start-pumping-oil.html

LIBYA'S state-owned National Oil Corporation (NOC) has told foreign operators to restart oil production. Chief executives of international oil companies (IOCs) were summoned to a show-down in Djerba last week to be told they must end force majeure on upstream projects. NOC sent letters to all its foreign upstream partners, a senior Libyan oil industry source told Petroleum Economist, but only Italy's Eni attended the meeting in Djerba on 7 July, and sent a mid-ranking executive in place of the company's boss, Paolo Scaroni. Eni would not confirm any of the details. No other foreign firms responded to the summons. Azam Messalati, NOC's general manager, attended the meeting, as did other officials from the state-owned company, including one legal representative.

Liechtenstein Accedes to Convention on the Recognition and Enforcement of Foreign Arbitral Awards - 146th Country to Become Party to the Convention

July 12, http://www.unis.unvienna.org/unis/pressrels/2011/unisl154.html

UN Information Service - With its accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also commonly known as the New York Convention), effected on 7 July 2011, Liechtenstein becomes the 146th State party to the Convention. The Convention will enter into force for Liechtenstein on 5 October 2011.

The "New York" Convention is widely recognized as a foundation instrument of international arbitration and requires courts of contracting States to give effect to an agreement to arbitrate when seized of an action in a matter covered by an arbitration agreement and to recognize and enforce awards made in other States, subject to specific limited exceptions.

Malaysia: Dialogue focuses on arbitration in economy

July 13, http://www.thedailystar.net/newDesign/news-details.php?nid=193977

Alternative dispute resolution (ADR) should be effective and provide an alternative to the overburdened courts, said Law Minister Barrister Shafique Ahmed. ... The minister said the Arbitration Act of 2001 and amendment of the Civil Procedure Code were made to facilitate ADR, particularly arbitration. However, he noted that the implementation left much to be desired. He is considering setting time limits for each stage of the proceedings, training in arbitration and mediation particularly in the Judicial Training Institute. Settlement of disputes must be on the basis of an understanding between the parties, and courts must not overturn such understandings.

Manila proposes U.N. arbitration to China in sea dispute

July 11, http://sg.news.yahoo.com/manila-proposes-u-n-arbitration-china-sea-dispute-091749048.html

The Philippines has put the idea to China of trying to resolve disputes over South China Sea territory possibly rich in oil and gas through U.N. arbitration, the foreign secretary said Monday.

Moscow Court overturns ICAC ruling regarding NLMK

June 23, http://www.steelorbis.com/steel-news/latest-news/moscow-court-overturns-icac-ruling-regarding-nlmk-608731.htm

On June 21, Russian steelmaker Novolipetsk Iron and Steel Corp. (NLMK) announced that the Moscow City Arbitration Court has overturned the International Commercial Arbitration Court (ICAC) ruling from March 31, 2011 made in favor of Nikolay Maximov, founder of Maxi Group, regarding the dispute between him and NLMK on the completion of payments by NLMK for its acquisition of Maxi Group.

Op-ed: Local trade arbitrators need to meet international standards (Viet Nam)

July 20, http://vietnamnews.vnagency.com.vn/Opinion/213527/Local-trade-arbitrators-need-to-meet-international-standards.html

Lawyer Vu Anh Duong, deputy general secretary of the Viet Nam International Arbitration Centre, spoke with the Hai Quan (Customs) newspaper about the role of local trade arbitrators

Oxfam International Discussion Paper: International investment treaties, state-investor disputes and access to food, land and water

May 2011, http://www.oxfam.org.uk/resources/policy/trade/sleeping-lions.html

Publication date: 26 May 2011 - Author: Javier Perez, Intermon Oxfam, Myriam Gistelinck, Oxfam Solidarité, Dima Karbala, MPA-ID Harvard University

Philippines: China's refusal to int'l arbitration may weaken its Spratlys claim

July 13, http://www.gmanews.tv/story/226157/pinoyabroad/dfa-chinas-refusal-to-intl-arbitration-may-weaken-its-spratlys-claim

China's refusal to resolve the territorial dispute over Spratly islands before an international tribunal may weaken the country's claim on the area, a senior Philippine diplomat said Wednesday.

Philippines: Decision expected tomorrow on royal jet

July 17, http://www.bangkokpost.com/news/local/247393/decision-expected-tomorrow-on-royal-jet

A German court is expected to rule on the release of His Royal Highness Crown Prince Maha Vajiralongkorn's plane tomorrow after the judges called for additional evidence from the Thai side to prove that the jet does not belong to the government.

Russia: Court rejects Inteko's $5.8-mln lawsuit against Moscow authorities

July 8, http://en.rian.ru/russia/20110708/165090945.html

The Moscow Arbitration Court on Friday rejected a 161-million ruble ($5.8-million) lawsuit against the Moscow City Hall filed by Inteko, a company owned by the billionaire wife of Moscow ex-mayor Yury Luzhkov, Yelena Baturina.

Russia: Swedish Charge d'Affaires Summoned to the Foreign Ministry

July 7, http://www.mid.ru/brp_4.nsf/0/DD2145A87B572045C32578C6005B2CED

The Foreign Ministry on July 6 summoned the Swedish Charge d'Affaires in Russia, Martin Oberg, to express surprise at the recently published decision of the Supreme Court of Sweden, whereby a Russian diplomatic property, the premises of the residential building of the Trade Mission in Sweden, may be subject to seizure and a forced sale by auction at the suit of Franz Sedelmayer, a German businessman, against the Russian Federation. This decision by Sweden's Supreme Court is contrary to international law. In particular, under Article 22 of the Vienna Convention on Diplomatic Relations of 1961, the premises of the Russian Trade Mission in Sweden enjoy immunity, including from execution.

It was emphasized that under Article III of the 1927 Convention between the USSR and Sweden on the Legal Status of the USSR Trade Mission in Sweden, the Russian Trade Mission enjoys extraterritoriality for its official premises, among them, of course, the premises of the residential building of the Trade Mission.

It was also stated that we do not understand the aloof position taken on this issue by Swedish government bodies, primarily the Ministry of Foreign Affairs. We believe that a foreign affairs agency ought to clarify the international legal obligations of its state in the context of such cases when they are considered by national executive and judicial authorities. We have repeatedly called on the Swedish partners to adhere to this approach.

The Swedish Charge d'Affaires in Russia was told that the Russian side does not recognize the legitimacy of this decision of the Supreme Court of Sweden as being contrary to international law.

Russia: TNK-BP Minorities Prepare Lawsuit Against BP

July 20, http://www.foxbusiness.com/markets/2011/07/20/tnk-bp-minorities-prepare-lawsuit-against-bp/

Dow Jones - A Russian court has ordered U.K. oil major BP PLC (BP) and its joint venture TNK-BP Holding (TNBP.RS) to provide documents in preparation for a lawsuit related to a proposed alliance with OAO Rosneft (ROSN.RS), a group of TNK-BP minority shareholders said Wednesday.

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. In a filing to the Stockholm District Court, Total claimed its opponents were trying to exploit the Swedish legal system to "exert pressure on the Total group for financial gain."

Hearing next month on Quinn firm in Russia

July 23, http://www.irishtimes.com/newspaper/finance/2011/0723/1224301201797.html

The Moscow court of arbitration will hear the bankruptcy petition from the company, Finansstroy, on August 24th after ruling yesterday that it had insufficient documentation to proceed with the case at the scheduled hearing.

Russian nuclear exporter Atomstroyexport takes Bulgaria's power grid operator NEK to the International Court of Arbitration in Paris

July 21, http://www.focus-fen.net/index.php?id=n255254

Russia's state-owned nuclear power equipment exporter said Thursday it had taken Bulgaria's national grid operator NEK to the International Court of Arbitration in Paris over project payment delays, AFP reported.

Sierra Leone Lawmakers Agree to Restore Oranto Oil-Block Rights

July 19, http://www.bloomberg.com/news/2011-07-19/sierra-leone-lawmakers-agree-to-restore-oranto-oil-block-rights.html

Lawmakers in Sierra Leone approved an agreement between Oranto Petroleum Ltd. of Nigeria and the West African nation's government to restore the company's rights to an offshore oil block.

The deal was passed after the International Court of Arbitration ruled that Oranto should have the full rights to the 4,022 square-kilometer (1,552 square-mile) block, known as SL-5, said Coleson Turay, a member of the ruling party that voted in favor of the policy, in an interview today. The decision was agreed by lawmakers in the capital, Freetown, yesterday, he said.

Singapore: Sembcorp Marine's subsidiary Jurong Shipyard files Notice of Arbitration against former Auditor, Ernst & Young for claims in respect of unauthorised foreign exchange transactions

July 22, http://www.sembcorpmarine.com.sg/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=349&cntnt01origid=15&cntnt01returnid=78

Sembcorp Marine wishes to announce that its wholly-owned subsidiary Jurong Shipyard (JSPL) has filed a Notice of Arbitration against its former Auditor, Ernst & Young in respect of the disputed unauthorised foreign exchange transactions.

Although a full and final amicable settlement with all the banks involved in the disputed foreign exchange transactions had been achieved in 2010, JSPL believes that it has a valid claim against Ernst & Young.

South Africa 'needs a law' on foreign direct investment - Richard Levin

July 22, http://www.businessday.co.za/articles/Content.aspx?id=148986

CAPE TOWN - SA needs a code or law along the lines of Canada's investment act which sets out what the government wants from foreign direct investment, the director general in the Department of Economic Development, Richard Levin, said yesterday. ... He pointed to the Canadian investment law which provided for a "net benefit" assessment of foreign direct investment to determine whether it would be beneficial for the economy. The law was recently used to block BHP Billiton 's bid for Potash.

South Africa: 'Expropriation without compensation possible'

July 10, http://www.iol.co.za/business/business-news/expropriation-without-compensation-possible-1.1096290

The expropriation of land without compensation is a possibility in future if the current leadership fails to speed up land reform, Land Reform and Rural Development Minister Gugile Nkwinti reportedly said.

South Africa: Why nationalisation is on the agenda - Sipho Ngcobo

July 8, http://www.moneyweb.co.za/mw/view/mw/en/page292679?oid=547128&sn=2009+Detail

Well, people keep asking me what I think of nationalisation and land expropriation adopted as major resolutions at the recent ANC Youth League national congress.

South China Sea Dispute Continues to Dominate ASEAN Forum

July 20, http://www.voanews.com/english/news/asia/South-China-Sea-Dispute-Continues-to-Dominate-ASEAN-Forum-125903703.html

The dispute between China and some members of the Association of Southeast Asian Nations continues to dominate the organization's annual regional security meeting. ASEAN leaders say progress has been made in developing guidelines to help resolve conflicting claims to oil and gas reserves in the South China Sea, but some members are disappointed that ASEAN did not take a stronger stand against China.

Sri Lanka: GoSL to challenge London ruling on oil hedging deal

July 12, http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=30009

The Ceylon Petroleum Corporation (CPC), which has been asked to pay US $ 162 million plus interest to the Standard Chartered Bank (SCB), by the Commercial Court of London, over the stopped payment in 2008 on an oil derivative, will challenge the decision shortly. A Top official of the CPC told The Island yesterday that they will challenge the decision to award billions of rupees to SCB.

Extracts from the judgement here:

http://www.lbo.lk/fullstory.php?nid=1988556386

Taipei, Beijing seek consensus on investment protection pact

July 4, http://www.chinapost.com.tw/taiwan/china-taiwan-relations/2011/07/04/308499/Taipei-Beijing.htm

A senior official at the Cabinet-level Mainland Affairs Council (MAC) said yesterday that both sides of the Taiwan Strait will strive to arrange the next meeting of the two top negotiators this summer, despite speculation that such a meeting might not be held this year. There were reports that Chairman Chiang Pin-kung of Taiwan's Straits Exchange Foundation (SEF), and his Chinese counterpart, President Chen Yunlin of the Beijing-based Association for Relations Across the Taiwan Straits (ARATS), might not be able to hold a planned meeting to secure agreements on investment protection and cooperation on nuclear power safety.

Taiwan: Thales finally pays MND over US$875 million

July 13, http://www.chinapost.com.tw/taiwan/national/national-news/2011/07/13/309673/Thales-finally.htm

The Ministry of National Defense (MND) confirmed yesterday that it has received the disbursement of more than US$875 million (around NT$25.375 billion) from France's Thales Group that complied with court orders to return the commission in relation to Taiwan's procurement of six Lafayette-class frigates. In a brief statement issued in Taipei yesterday, the MND said the total payment also includes legal fees, interest and other expenses arising from the deal with the French conglomerate which supplied the Taiwan navy with six Lafayette frigates in 1991.

Thai government filing lawsuit against Walter Bau on royal jet impound case

July 22, http://www.mcot.net/cfcustom/cache_page/241834.html

The Thai government will file a lawsuit against Walter Bau, a German company, for requesting a German court order to impound a royal aircraft in relation to the legal dispute between the firm and the Thai government, according to Thailand's head prosecutor, Attorney General Julasing Wasantasing.

Thailand: Govt refuses to pay surety for royal jet

July 22, http://www.bangkokpost.com/news/local/248178/govt-refuses-to-pay-surety-for-royal-jet

Thailand will contest a German court's order that it pay a surety of 20 million euros (846 million baht) for the return of HRH Crown Prince Maha Vajiralongkorn's Boeing 737 which has been impounded in Munich.

Thailand: Kasit off to Germany to retrieve royal jet

July 15, http://www.bangkokpost.com/news/local/247118/kasit-off-to-germany-to-retrieve-royal-jet

Foreign Minister Kasit Piromya left for Germany last night to seek the release of HRH Crown Prince Maha Vajiralongkorn's plane impounded at Munich airport by German liquidators since Tuesday to recover debts in a commercial bankruptcy case.

The Court of Appeal confirmed Alfa's rights to Cukurova's shares in Turkcell

July 21, http://altimo.org/?id=295

The Court of Appeal of the Eastern Caribbean Supreme Court (the Court) issued a decision confirming that since April 27, 2007 Alfa is the legal and beneficial owner of the Turkcell shares that were previously held by Cukurova Group through its affiliated companies, Cukurova Telecom Holdings Limited (CTH) and Cukurova Finance International Limited (CFI).

Turkmenistan: 20 Turkish companies to seek legal action against Turkmenistan for construction debts

July 13, http://www.therepublic.com/view/story/b27c8f0d70ce40499d3f62f8091a18aa/EU--Turkey-Turkmenistan/

AP - A group of Turkish companies are preparing to seek legal action against Turkmenistan in a bid to recover what they say is more than $1 billion in unpaid bills for construction work in the Central Asian country, the group's spokesman said Wednesday. ... The companies were now preparing to file complaints with the ICSID ...

U.S. Chamber of Commerce takes a swipe at Finra - Urges transparency, accountability for the regulator

July 24, http://www.investmentnews.com/article/20110724/REG/307249984

The nation's largest business group wants Finra and other self-regulatory organizations to be more transparent and accountable.

See also press release: "U.S. Chamber Report Offers Fixes to Five Major Holes that Remain One Year After Dodd-Frank" http://www.uschamber.com/press/releases/2011/july/us-chamber-report-offers-fixes-five-major-holes-remain-one-year-after-dodd- Report via http://www.uschamber.com/reports/unfinished-agendadirect download https://www.uschamber.com/sites/default/files/reports/1107_UnfinishedAgenda_WEB.pdf

UK: Should the English courts interfere with an arbitration that began outside its jurisdiction?

July 6, http://www.thelawyer.com/texas-hold-em?/1008509.article

That was the question Mrs Justice Gloster was forced to answer when she was appointed as judge in the Texas Keystone trial.

It is rare for the court to interfere with arbitrations in their own jurisdiction let alone those that began in the International Chamber of Commerce (ICC) in New York.

Ukraine: Makarenko, Shepitko released from custody

July 5, http://www.interfax.com.ua/eng/main/73061/

Kyiv Court of Appeals has released former head of the State Customs Service Anatoliy Makarenko and former Deputy Head of the Energy Regional Customs Service Taras Shepitko from custody.

Ukraine: Public pressure behind Makarenko, Shepitko's release from custody, says Tymoshenko

July 5, http://www.interfax.com.ua/eng/main/73102/

"It happened thanks to the clear position of the international democratic community. And in Ukraine there are enough people who know how to stand fast," she told reporters on Tuesday, answering a question from Interfax-Ukraine. The ex-premier was at Kyiv Court of Appeals to congratulate the former officials on their release from custody.

UNCITRAL adopts texts on procurement and insolvency, establishes pilot regional centre, and confirms commitment to meeting in Vienna and New York

July 13, http://www.unis.unvienna.org/unis/pressrels/2011/unisl155.html

UN Information Service - On 8 July 2011, the United Nations Commission on International Trade Law (UNCITRAL) concluded its 44th annual session.

Finalization and adoption of texts

During the session, the Commission adopted the UNCITRAL Model Law on Public Procurement, which updates the 1994 UNCITRAL Model Law on Procurement of Goods, Construction and Services.

The Commission also adopted "The UNCITRAL Model Law on Cross-Border Insolvency: the judicial perspective", a text designed to provide information and guidance for judges on cross-border related insolvency issues.

Future work

At its 45th session in 2012, the Commission will undertake an ambitious program, focusing on work by Working Group VI (Security Interests) on a security rights registry guide and work by Working Group I (Procurement) on a guide to enactment to accompany the UNCITRAL Model Law on Public Procurement. Work in the areas of transparency in treaty-based investor-State arbitration, online dispute resolution and cross-border insolvency will continue.

During this session, the Commission also decided to reconvene Working Group IV (Electronic Commerce), which has not met since 2004 and to task it with work in the field of electronic transferable records. The final product of this work is intended to complement existing UNCITRAL texts in the field of electronic commerce and will also be beneficial for the implementation of other UNCITRAL texts, such as the "Rotterdam Rules".

UNCITRAL regional centres pilot project

At its 42nd session, the Commission requested that the UNCITRAL Secretariat explore the possibility of establishing a presence in regions or specific countries by, for example, having dedicated project staff in United Nations field offices, collaborating with such existing field offices or establishing Commission country offices with a view to facilitating the provision of technical assistance with respect to the use and adoption of Commission texts.

In accordance with that request, the Secretariat invited Member States of the United Nations to express their interest in establishing UNCITRAL regional centres in different parts of the world, particularly in Africa, Asia and the Pacific, Eastern Europe and Latin America and the Caribbean.

Once established, UNCITRAL regional centres, envisaged as project-based offices, will enhance international trade and development by promoting certainty in international commercial transactions through the dissemination of international trade norms and standards, in particular those elaborated by UNCITRAL. Bearing in mind the limited availability of resources, the regional centres will also engage actively in fund-raising activities for their operation and activities.

There was broad support in the Commission for the initiative undertaken by the Secretariat, which was considered a novel yet important step for the Commission in reaching out and providing technical assistance to developing countries.

As of 8 July 2011, Argentina, the Dominican Republic, El Salvador, Kenya, Malaysia, the Republic of Korea and Singapore have formally expressed an interest in hosting an UNCITRAL regional centre. During this session, the Commission was informed of a specific offer from the Government of the Republic of Korea for the establishment and operation of an UNCITRAL regional centre in Incheon, Republic of Korea. After expressing its gratitude to the Government of the Republic of Korea for its generous contribution to this pilot project, the Commission approved the establishment of an "UNCITRAL Regional Centre for Asia and the Pacific" in the Republic of Korea.

Place of future meetings

During the session, the Commission considered a cost-saving proposal from the Secretary-General to hold all sessions of UNCITRAL and its working groups in Vienna. In response, the Commission proposed reducing the time budgeted for meetings of UNCITRAL and its working groups from fifteen to fourteen weeks, a proposal that would achieve roughly the same cost-savings. The Commission unanimously supported maintaining the long-standing practice of holding sessions alternately in Vienna and New York.

US-Canada: Mesa Power Group Files Legal Action Against Canadian Government for NAFTA Infractions

July 14, http://www.newswire.ca/en/releases/archive/July2011/14/c5426.html

see also http://old.news.yahoo.com/s/nm/20110714/wl_canada_nm/canada_us_mesapower_canada

Press release - Mesa Power Group LLC, a Texas-based renewable energy development company, has initiated the first step in a legal claim against the Canadian government for violations of the North American Free Trade Agreement (NAFTA) while the company was pursuing 565 megawatts of wind energy projects in western Ontario.

In its filing, Mesa Power specifically noted Canada's failure to meet its international law obligations contained in NAFTA with respect to Ontario's Green Energy Act and subsequent Feed-In Tariff Program (FITP).

US: Anadarko BP claims head to arbitration

July 15, http://www.upstreamonline.com/live/article267536.ece

BP can halt litigation with minority business partner Anadarko Petroleum so the companies can arbitrate liability over costs of the blown-out well in the Gulf of Mexico, a judge said.

...

July 15, The Court issued an Order, granting BP's Motion to Stay Proceedings Between BP and Anadarko:
http://www.laed.uscourts.gov/OilSpill/Orders/7152011Order(MotiontoStay).pdf

July 15, On this date, the Court also issued an Order, granting BP's Motion to Dismiss Plaintiffs' RICO Claims (B2 Pleading Bundle):
http://www.laed.uscourts.gov/OilSpill/Orders/7152011Order(RICO).pdf

US: BioTech Medics, Inc. Wins $1.78 Million FINRA Arbitration Award Against NevWest Securities

July 8, http://finance.yahoo.com/news/BioTech-Medics-Inc-Wins-178-iw-550519532.html?x=0

BioTech Medics, Inc., announced today that it has been notified by a FINRA Dispute Resolution Arbitration Judge that BioTech has been Awarded $1,788,841.00 in compensatory damages, plus 6% per annum pre-award interest from November 8, 2007, plus post interest, legal and filing fees.

* Uzbekistan Holds Foreign Investors Hostage in Resource Nationalism Attack against Oxus Gold PLC July 11. http://gov.ulitzer.com/node/1902472

Amsterdam & Peroff Press release - An important foreign-investor dispute in Uzbekistan escalated in recent weeks, as the Government of Uzbekistan elected to pursue a mudslinging strategy instead of good faith negotiations required under international law. The dispute involves a company owned by Oxus Gold plc (Oxus) - once Uzbekistan's largest foreign investor - and two entities controlled by the Government of Uzbekistan, all of whom joint venture in a precious metals extraction operation, Amantaytau Goldfields A.O. (AGF), in the Kyzylkum Region of Uzbekistan's Navoi Oblast. Following expropriatory conduct by the Uzbek entities, Oxus formally asked the Government of Uzbekistan in March 2011 to participate in obligatory good faith settlement discussions under an applicable bilateral investment treaty. While Uzbekistan gave lip service to meaningful discussions, its real effort went into launching a campaign of disinformation to try to force AGF into involuntary liquidation, which Oxus' lawyers assert smacks of resource nationalism.

"On June 28, 2011, state-owned Goskomgeology accused Oxus - its own joint-venture partner - of failing to meet technology and environmental standards, and of creating 'threats to human life,'" noted Robert R. Amsterdam, international counsel to Oxus. "These false accusations were leveled against the first company ever in Uzbekistan to implement an environmental plan that complied with World Bank standards, which far exceed local Uzbek environmental regulations. In most countries, these false allegations would be the source of jokes, but the Uzbek officials are shamelessly motivated by their desire to steal a profitable foreign investment."

Amsterdam also points out that the Uzbek authorities have conjured up punitive tax audits, initiated a pattern of bureaucratic harassment, and imprisoned Oxus's former chief technologist - Mr. Said Ashurov - on fabricated charges of espionage. "This kind of conduct effectively holds Oxus hostage. The international business community should take note of what happens to foreign investors who achieve success in Uzbekistan," said Amsterdam.

On July 6, 2011, Oxus' lawyers delivered a letter to the President of Uzbekistan and other officials, refuting the recent false allegations. A copy of that letter is available on http://www.robertamsterdam.com/uzbekistan.

This media campaign by the Uzbek government is the latest development in a dispute that commenced formally on March 3, 2011, when Oxus gave formal notice under the investment arbitration treaty between the governments of Uzbekistan and the United Kingdom. The principal basis for Oxus' claim is that Oxus and its subsidiaries have been subjected to expropriatory, unlawful, unfair and discriminatory treatment, resulting in catastrophic losses of no less than $400 million.

"The Uzbek government's conduct has been unlawful and morally reprehensible," Mr. Amsterdam stated. "Uzbekistan's reluctance to resolve the AGF dispute in a lawful manner will not only lead to significant injury in terms of foreign investment, it also jeopardizes critical aid programs if Uzbekistan is found to have violated the arbitration treaty."

Venezuela Maximum Price Law Seen Leading To More Expropriations

July 21, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201107181352dowjonesdjonline000215&title=venezuela-maximum-price-law-seen-leading-to-more-expropriations

- Commerce chamber official warns new law could lead to more expropriations, higher inflation; - Vice president says violators of law could have business intervened; - Government will publish details on new law in Official Gazette; - VP was granted power to expropriate in Chavez's absence.

Venezuela: World Bank to hear Koch arbitration against Venezuela

July 19, http://uk.reuters.com/article/2011/07/20/venezuela-koch-idUKN1E76I27U20110720

Reuters - The World Bank will hear an arbitration case requested by U.S. company Koch Industries after Venezuela's President Hugo Chavez nationalized a fertilizer plant it owned with the OPEC nation's state oil firm.

EVENTS

2024

April 2024

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

May 2024

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

June 2024

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

July 2024

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

October 2024

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

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

Malaysia To Host Conference On Commercial Dispute Resolution

June 13, http://www.bernama.com/bernama/v5/newsindex.php?id=593527

The Kuala Lumpur Regional Centre for Arbitration (KLRCA) announced its appointment today as the official conference host and secretariat of the 4th Asia Pacific Regional Arbitration Group (APRAG) general meeting and conference on July 9 and 10.

It will be the first time a Southeast Asian country plays host to the prestigious biannual event to be opened by the Chief Justice of the Federal Court of Malaysia Tun Zaki Azmi.

Symposium on International Commercial Arbitration Successfully Held in Beijing

July 2011, http://www.cietac.org/index/news/4772960e3609af7f001.cms

Co-organized by the China International Economic and Trade Arbitration Commission (CIETAC), the International Court of Arbitration of the International Chamber of Commerce (ICC) and China Chamber of International Commerce (CCOIC), the Symposium on International Commercial Arbitration was successfully held on July 5, 2011 in Beijing.

PODCASTS

IDN's 100th Episode! Eugenie Scott on Resolving Conflict Between Religion and Science (July 13).

The International Dispute Negotiation podcast celebrates its 100th episode with a look at the use of conflict resolution techniques in the fight against the teaching of creation science and intelligent design.

BOOKS

Commercial Arbitration in the Arab Middle East: Jordan, Kuwait, Bahrain, and Saudi Arabia 2nd ed

Edited by: Samir Saleh
ISBN13: 9781907229138
To be Published: September 2011
Publisher: Lexgulf Publishers Ltd
Country of Publication: UK
Format: Hardback

Samir Saleh's Commercial Arbitration in the Arab Middle East first published in 1984, became established as the most comprehensive treatment of the law in this field. The second edition was published in 2006, and covered the Shari'a, Syria, Lebanon and Egypt

The new companion volume, covering Jordan, Kuwait, Bahrain and Saudi Arabia follows the same basic structure as the earlier editions, analysing the national arbitration systems of the four countries by reference to statutes, judicial precedents and commentaries.

Detailed discussion of the law and practice is supported by extensive footnotes, and by the author's own translations into English of the current laws.

ICSID

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

Outcome of Proceeding: Award rendered on July 11, 2011.

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

Outcome of Proceeding: Award rendered on July 7, 2011.

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

Outcome of Proceeding: The Tribunal issues an order for the discontinuance of the proceeding on July 11

EVN AG v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/09/10)

Outcome of Proceeding: The parties file the full and signed settlement and request the Tribunal to embody their settlement in an award on June 1

New: DP World Callao S.R.L., P&O Dover (Holding) Limited, and The Peninsular and Oriental Steam Navigation Company v. Republic of Peru (ICSID Case No. ARB/11/21)

Pier concession agreement, Registered July 22. Tribunal not yet constituted.

New: Burimi SRL and Eagle Games SH.A v. Republic of Albania (ICSID Case No. ARB/11/18)

Gaming industry, Registered, July 12. Tribunal not yet constituted

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

Status of Proceeding: Tribunal holds a first session in Paris on July 22

Perenco Ecuador Limited v. Republic of Ecuador and Empresa Estatal Petróleos del Ecuador (Petroecuador) (ICSID Case No. ARB/08/6)

Status of Proceeding: Tribunal issues a decision on jurisdiction on June 30, document available at http://bit.ly/ICSID

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: Tribunal consents to the resignation of the arbitrator pursuant to ICSID Arbitration Rule 8(2) and the Centre notifies the parties thereof on July 1

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

Status of Proceeding: Tribunal consents to the resignation of the arbitrator pursuant to ICSID Arbitration Rule 8(2) and the Centre notifies the parties thereof on July 1

Niko Resources (Bangladesh) Ltd. v. People's Republic of Bangladesh, Bangladesh Petroleum Exploration & Production Company Limited ("Bapex") and Bangladesh Oil Gas and Mineral Corporation ("Petrobangla") (ICSID Case No. ARB/10/11)

Status of Proceeding: Claimant files a further memorial on jurisdiction on June 30

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

Status of Proceeding: Tribunal holds a hearing on the merits, on additional objections to jurisdiction, and on the counter-claim in Tegucigalpa, Honduras on June 27-30

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

Status of Proceeding: pursuant to the parties' agreement, the proceeding is suspended on July 6

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

Status of Proceeding: the Tribunal issues a decision concerning the Respondent's request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended on July 7

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

Status of Proceeding: the Claimants file a renewed request for production of documents on July 1

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

Status of Proceeding: the parties file post-hearing briefs on June 30

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

Status of Proceeding: Respondent files a response to the Claimants' observations of June 29, 2011 on July 8

Standard Chartered Bank (Hong Kong) Limited v. Tanzania Electric Supply Company Limited (ICSID Case No. ARB/10/20)

Status of Proceeding: Tribunal holds a first session in London on July 7

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

Status of Proceeding: Tribunal issues a decision on provisional measures on June 17

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

Status of Proceeding: Tribunal issues a decision on production of documents on July 11

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

Annulment Proceeding Registered June 13, Ad hoc Committee Constituted July 08. A. Rigo Sureda, S.A. Alexandrov, E. Silva Romero

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

Status of Proceeding: parties file further observations on the proposal for disqualification on June 24

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

Status of Proceeding: Tribunal holds a first session in Paris on July 22

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

Status of Proceeding: each party files observations on the other party's statement of costs on June 24

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

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

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

Status of Proceeding: parties file statements of costs on June 15

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

Status of Proceeding: Tribunal issues a procedural order concerning provisional measures on July 13

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

Status of Proceeding: Claimants complement their answers to questions posed by the Tribunal after the hearing on July 5

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

Status of Proceeding: Tribunal holds a hearing on the merits in Washington, D.C. on July 5-7

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

Annulment Proceeding Registered July 15. Ad hoc Committee not yet constituted.

AHS Niger and Menzies Middle East and Africa S.A. v. Republic of Niger (ICSID Case No. ARB/11/11)

Tribunal Constituted: July 22. Composition: F. Mantilla-Serrano, P. Hubert, G. Kenfack Douajni.

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

Status of Proceeding: Tribunal holds a first session in Paris on July 12