issue #09, week 37. 12 September 2011
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

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

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NEWS

El Salvador To Appeal LaGeo Ruling

Jul 28, http://en.centralamericadata.com/en/article/home/El_Salvador_Appeal_Ruling_on_LaGeo

Tóchez Irving, president of the Commission of the Lempa River Hydroelectric Executive, said: "It is inappropriate to put a country’s strategic resource, such as a geothermal plant, into private hands," when presenting the proceedings before the court of appeals in Paris, France. A month ago, the International Arbitration Court ruled in favor of the Italian company Enel, enabling it to recapitalize its investment in the LaGeo geothermal plant and ordering CEL to allow the $127 million investment.

ICSID Internship Program - Deadline September 30, 2011

Aug 24, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement94

The main objective of the Internship Program is to provide an opportunity for highly promising students and young professionals to gain a better understanding of ICSID's work and contribute to its mission. With this goal in mind, the Secretariat is looking for enthusiastic and energetic candidates who can work effectively in a team-based environment.

ICC launches new rules of arbitration

Sep 12, http://www.iccwbo.org/index.html?id=45658

The International Chamber of Commerce (ICC) has launched a much-anticipated revised version of its Rules of arbitration with the aim of better serving the existing and future needs of businesses and governments engaged in international commerce and investment. The new Rules will come into force on 1 January 2012 and take into account current requirements and developments in arbitration practice and procedure, as well as developments in information technology, since they were last revised in 1998.

To download a copy of the ICC Rules of Arbitration visit: http://www.iccwbo.org/ICCDRSRules/

IFC Supports Papua New Guinea's Business Law Changes to Improve Investment Climate

July 28, http://www.ifc.org/ifcext/media.nsf/content/SelectedPressRelease?OpenDocument&UNID=C0CC8A5ACC24FAE5852578DB0009ED21

IFC, a member of the World Bank Group, and Papua New Guinea's Investment Promotion Agency will hold consultations on proposed changes to the country's business laws that will improve corporate regulation and simplify business registration, making it easier for firms to operate, expand, and create employment opportunities.

IFC will sponsor two seminars, hosted by the Investment Promotion Agency, to discuss the Companies Act and Business Names Act and gather feedback on proposed amendments from business owners, legal practitioners, politicians, and the public. The seminars will be held at the Gateway Hotel in Port Moresby on July 29 and the Lae International Hotel in Lae on August 1.

IFC has been advising the Investment Promotion Agency on reforming laws relating to business startup and operation. The proposed changes include streamlining business-startup procedures and improving corporate-governance regulation. These changes will protect shareholders, improve transparency, and clarify the regulatory authority of the company registrar.

CEDR: European Commission supports programme to boost standard of mediation

Sep 5, http://www.cedr.com/news/?376

The European Commission has agreed to support the Centre for Effective Dispute Resolution (CEDR) to run a mediation training project designed to help ensure a consistent high quality of standard in commercial mediation training provision across Europe, which is important given the new focus on using mediation to resolve business disputes in Europe as an alternative to costly litigation. The Mediator Skills Master Trainer Programme, which will run until spring 2012, will look at enhancing the ability and skill of mediation trainers in 10 different countries across the European Union.

UNCTAD: The World Investment Report 2011 (WIR11) released

July 26, http://unctad.org/Templates/webflyer.asp?docid=15289&intItemID=1528&lang=1

Download:
http://www.unctad.org/en/docs/wir2011_embargoed_en.pdf

The report is subtitled "Non-equity modes of international production and development."

The study explains that international production is not exclusively about foreign direct investment (FDI) on the one hand and trade on the other. NEMs - which include contract manufacturing, services outsourcing, contract farming, franchising, licensing, and management contracts - allow transnational corporations to coordinate activities in their global value chains and influence the management of host-country firms without owning equity stakes in those firms. Transnational corporations manage the activities of NEM partner firms in their global value chains - for example, a local company in a host country assembling a product or providing information technology (IT) support - through contracts or, equally important, through access to transnational corporations´ technology, skills, business models or internal markets. Transnational corporations seldom take equity stakes in NEM partner firms, although the partner firms are tied to the transnational corporations´ global networks.

Algeria: Caldera Resources Announces That Global Gold Falsely Claims Marjan License Reverts Claims Do Not Affect NY Arbitration or Ownership - Claims Do Not Affect NY Arbitration or Ownership

Aug 2, http://calderaresources.com/caldera-resources-announces-that-global-gold-falsely-claims-marjan-license-reverts-claims-do-not-affect-ny-arbitration-or-ownership

Caldera Resources Inc. announces that in a Press Release issued by Global Gold Corporation (Global Gold) earlier today, they falsely stated that "Marjan Mine and Marjan Mining Company, LLC in Armenia to Revert to Full Global Gold Ownership and Control After Court Confirms Illegal Acts by Caldera Resources, Inc."

Mr. Bill Mavridis states that "Legal Counsel advises me that this press release issued by Global Gold is false and misleading. From a report from Caldera's legal counsel in Armenia we have been advised that the decision of the Administrative Court in Armenia is not effective and should be appealed. We are still awaiting a complete and final translation of this decision."

Caldera's legal counsel in Armenia also advised that, contrary to the Global Gold press release, the judgment contains no allegations of any wrong-doing by Caldera and its officers. The judgment of the Armenian Administrative Court confirms that the ownership of the shares of Marjan Mining Company LLC is a matter of New York Law and that the matter is the subject of Arbitration proceedings in New York.

Under Armenian law, this decision is not enforceable and is not considered as final, and State Authorities or third parties may not refer to non-final judicial decisions in their decisions and actions. Due to the pending appeal, this decision will not be considered final by any legal authority in Armenia. This decision is explicit, and it does not interpret the joint venture agreement between the parties. There will be no change in ownership or control because of this decision.

Additional disclosure will be made upon receipt of a full translation of the judgment and a legal opinion thereon from Armenian legal counsel.

The issue of the illegal termination of the joint venture by Global Gold is pending before the American Arbitration Association in New York City. The Arbitration hearing is scheduled to commence on August 23, 2011.

Bill Mavridis further states: "This press release is nothing more than a continuation of the scheme by Global Gold and its president, Mr. Van Krikorian, to take back what we bargained. My personal belief is that their spurious and false statements are meant to cause damage to Caldera, and I consider this part of an ongoing pattern of intimidation and extortion that they have used in this matter. Global Gold's press release is nothing more than an another act of desperation to take back the project. I am confident, as always, that we will prevail in the Arbitration process."

Apotex Inc. v. United States of America - NAFTA/UNCITRAL Arbitration Rules Proceeding - Invitation to Amici Curiae

Aug 9, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement93

In accordance with Section XVI of Procedural Order No. 1, dated 16 December 2011, the Tribunal invites any person or entity that is not a Disputing Party in these arbitration proceedings or a Contracting Party to the NAFTA to make a written application to the Tribunal for permission to file submissions as an amicus curiae.

All such written applications should:

(1) be emailed to ICSID at icsidsecretariat@worldbank.org by Thursday, 1 September 2011;

(2) the application for leave to file shall not exceed 5 pages;

(3) be made in the languages of these proceedings, English;

(4) be dated and signed by the person or by an authorized signatory for the entity making the application verifying its contents, with address and other contact details;

(5) describe the identity and background of the applicant, the nature of any membership if it is an organization, and the nature of any relationships to the Disputing Parties and any Contracting Party;

(6) disclose whether the applicant has received, directly or indirectly, any financial or other material support from any Disputing Party, Contracting Party or from any person connected with the subject-matter of these arbitration proceedings;

(7) specify the nature of the applicant's interest in these arbitration proceedings prompting its application;

(8) explain, insofar as not already answered, the reason(s) why the Tribunal should grant permission to the applicant to file its written submissions in these arbitration proceedings as an amicus curiae;

(9) include (as an attachment to the application per paragraph 10 below) a copy of the applicant's written submissions to be filed in these arbitration proceedings, assuming permission is granted by the Tribunal for such filing, such submissions to address only matters within the scope of the subject-matter of these arbitration proceedings; and

(10) the submission shall not exceed 20 pages and shall comply with the format and content requirements set forth in the statement of the Free Trade Commission on non-disputing party participation.

World Bank court to hear case on Argentina default

Aug 10, http://www.whitecase.com/News/Detail.aspx?news=4399

Press release - White & Case LLP achieved success for tens of thousands of Italian bondholders who are claimants in a landmark arbitration against the Argentine Republic before the International Centre for Settlement of Investment Disputes (ICSID) at the World Bank.

The World Bank Tribunal hearing the case issued a highly anticipated Decision on Jurisdiction and Admissibility on August 4, 2011. The decision establishes jurisdiction over claims for compensation in excess of US$1 billion brought by the Italian bondholders under the Argentina-Italy bilateral investment treaty in connection with Argentina's issuance of sovereign bonds and sovereign debt restructuring.

White & Case Partner Carolyn Lamm said, "This is a victory for tens of thousands of individual Italian bondholders and demonstrates that Argentina must confront its violations of fundamental investment protections."

In its 283-page decision, the Tribunal found for the bondholders on a series of critical issues of jurisdiction and admissibility. The decision has significant implications for sovereign finance and for procedures involving multiple claimants and mass claims. The Tribunal ruled, among other things, on the following issues:

- Sovereign Finance - The Tribunal discusses sovereign bonds and sovereign debt restructuring, and concludes that the "dispute does not derive from the mere fact that Argentina failed to perform its payment obligations under the bonds but from the fact that it intervened as a sovereign by virtue of its State power to modify its payment obligations towards its creditors."

- Mass Claims - The "mass aspect of Claimants' claims" present no barrier to the arbitration and the "claims are admissible."

- Scope of Investments - "The bonds in question, and in particular the security entitlements held by Claimants in these bonds, qualify as 'Investment' . . . made 'in the territory of Argentina' and 'in compliance with the laws and regulations of Argentina.'"

- Consent of Claimants - The consent forms submitted by Claimants contain "a clear and unambiguous expression of irrevocable consent" to the jurisdiction of the Centre.

- Consent of the State - Argentina's "consent to ... jurisdiction includes claims presented by multiple Claimants in a single proceeding."

The Tribunal reached its decision in a majority vote and ordered that the case move to a phase regarding the merits of the claims brought by the bondholders. The Tribunal also dismissed, in a separate letter, a request for provisional measures filed by Argentina. The bondholder Claimants previously secured a critical confidentiality and procedural order pursuant to which the decision on jurisdiction will be made public.

Jonathan C. Hamilton, partner of White & Case, said: "The bondholders' case resonates in Latin America and beyond because it addresses sovereign finance and debt restructuring in the context of investment protections."

The formal name of the case is Abaclat and others (Case formerly known as Giovanna a Beccara and Others) v. Argentine Republic (ICSID Case No. ARB/07/5).

The White & Case team was led by partners Carolyn B. Lamm, Jonathan C. Hamilton, Andrea J. Menaker, Francis A. Vasquez Jr. and Abby Cohen Smutny, together with counsel Frank Panopoulos and Lee A. Steven. Grimaldi e Associate in Rome, and Pérez, Alati, Grondona, Benites, Arntsen & Martínez de Hoz (Jr.) in Buenos Aires also advise on the matter.

Armania: Caldera Resources Inc President Reports on the Arbitration Case

Aug 25, http://www.baystreet.ca/users/newswire/viewarticle.aspx?id=394062

Bill Mavridis, President and CEO of Caldera Resources Inc. ("Caldera") reports on the Arbitration case:

"On Tuesday August 24, I attended a conference in New York City called by former Justice Herman Cahn, the Arbitrator for the dispute between ourselves and Global Gold Corporation ("GBGD"). Due to the East Coast Earthquake the conference was aborted around 2 o'clock.

"The hearing to settle this dispute will start on September 7th and will include the dates of September 8, 12 and 14. We are working at streamlining the process but we will pursue the matter we have brought before the American Arbitration Association until a final judgment confirming that Global Gold acted illegally and that the rights of Caldera in the Joint venture are confirmed by the decision of the Arbitrator.

....

Armenia: Caldera Receives Confirmation of More False Claims filed by Global Gold in Armenia

Aug 9, http://calderaresources.com/caldera-receives-confirmation-of-more-false-claims-filed-by-global-gold-in-armenia

Bill Mavridis, President and CEO of Caldera Resources Inc. ("Caldera") issued the following statement regarding Global Gold Corporation's ("GBGD") efforts to evade its obligations to Caldera:

"I am in receipt of a letter issued by the U.S. Embassy to a Senior Official of the Republic of Armenia that contains misleading and false statements against Caldera and its officers. It appears that Mr. Van Krikorian, Legal Counsel, CEO and Chairman of GBGD, has deliberately misled the U.S. Embassy in Armenia in order to compel the U.S. Government to intervene on GBGD's behalf.

"The U.S. Embassy's correspondence includes an attachment of a "non-paper" restating Mr. Krikorian's misleading and false allegations against Caldera and its officers.

"These misleading and false allegations go beyond the allegations made in GBGD's press release of August 2, 2011, which have been addressed in our press release of August 5, 2011.

"I am not surprised by the allegations made by Mr. Van Krikorian because he has a track record of making misleading and false claims in GBGD's Arbitration filings. However, I am shocked and dismayed that the U.S. Embassy failed to verify the truthfulness of a single claim made by Mr. Van Krikorian and his Country Manager Mr. Ashot Boghossian.

"GBGD's lobbying of the U.S. Government to make false and misleading statements, raises serious legal and ethical issues and violates the confidentiality of the arbitration process, that must be addressed forthwith.

"A copy of the US Embassy letter and "non-paper" summary has been submitted to our legal counsel at the New York Law Firm of Harris Beach with instructions to file a copy of the letter with the Arbitrator and deposit a formal complaint with the U.S. State Department regarding the dangerous attempt by GBGD to deliberately mislead the U.S. Government.

"I have also filed a complaint with the Canadian Embassy in the Russian Federation to assist us in these matters in Armenia."

Australia, European Union plan investment treaty

Sep 6, http://www.theaustralian.com.au/business/markets/australia-european-union-plan-investment-treaty/story-e6frg916-1226130055831

Mr Barroso, who is the first European president to visit Australia in 30 years, said the treaty would "serve as an umbrella" for many areas of co-operation, ranging from nuclear safety to the exchange of airline passenger details. Unlike similar treaties that the European Union is negotiating with Canada and South Korea, there is agreement between Australia and Europe that the vexed issue of trade will not be covered, beyond the declaration of a joint commitment to the World Trade Organisation.

Australia-China: AED Oil calls in administrators

Aug 14, http://news.ninemsn.com.au/article.aspx?id=8285761

AED Oil has called in the administrators after the junior oil and gas producer lost an arbitrated dispute with the owner of a floating production vessel for the Puffin field offshore Western Australia.

Australia-China: Sinopec Ordered To Pay $60M In Compensation Following Oilfield Shutdown

Aug 15, http://www.capitalvue.com/home/CE-news/inset/@10063/post/3029873

The joint venture (JV) of China Petroleum and Chemical Corporation (Sinopec) and Melbourne-based AED Oil Limited was ordered by the International Court of Arbitration of the International Chamber of Commerce (ICC) to pay US$60 million in compensation to Norway-based SeaProduction Limited for the shutdown of an oil drilling platform, reports the National Business Daily, citing an unnamed source.

Australia: BATA aims high in law advice access bid

Aug 24, http://www.theaustralian.com.au/national-affairs/bata-aims-high-in-law-advice-access-bid/story-fn59niix-1226120768142

BIG tobacco may seek an urgent hearing in the High Court in a last-ditch bid to have government legal advice on plain packaging released before MPs vote on the controversial measures.

British American Tobacco Australia yesterday lost a Federal Court appeal to gain access to the advice, which relates to the legality of plain packaging, in light of Australia's international trade obligations.

Australia: BHP Billiton welcomes new Australian international arbitration rules

Aug 30, http://acica.org.au/assets/media/news/ACICAMediaReleaseRulesAugust2011.pdf

Vice President of Litigation BHP Billiton, Mr Damian Lovell has today welcomed the introduction of the new ACICA Arbitration Rules designed to speed up the resolution of cross border and international commercial disputes.

Australia: IMC Aviation Solutions Pty Ltd v Altain Khuder LLC

Aug 23, http://www.hopgoodganim.com.au/Publications/Litigation-and-Dispute-Resolution/Litigation-Alert-HopgoodGanim-wins-landmark-decision-on-international-arbitration-enforcement-23-Aug-2011.aspx

The Victorian Court of Appeal yesterday allowed an appeal in favour of IMC Aviation Solutions (formerly IMC Mining Solutions), represented by HopgoodGanim. The decision in IMC Aviation Solutions Pty Ltd v Altain Khuder LLC is expected to have wide-reaching ramifications for parties seeking to enforce (or oppose) arbitration awards obtained in a foreign jurisdiction.

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSCA/2011/248.html?stem=0&synonyms=0&query=title%28IMC%20%29

Australia: Rush to be first on plain packaging on tobacco

July 29, http://www.theaustralian.com.au/business/legal-affairs/rush-to-be-first-on-plain-packaging-on-tobacco/story-e6frg97x-1226103789471

AS with the economy-wide carbon tax, the government seems set on making Australia the first country in the world to implement tobacco plain-packaging laws, regardless of consequences.

Australia: Victoria lawyers call for local dispute resolution base

July 26, http://www.thenewlawyer.com.au/article/Vic-lawyers-call-for-local-dispute-resolution-base/530833.aspx

VICTORIA thinks its been left out in the cold on dispute resolution, with lawyers calling for an international dispute centre based in Melbourne. The Victorian Bar and the Law Institute of Victoria, with four national dispute resolution bodies, have called on Federal and State governments to help establish an Australian International Dispute Centre (AIDC) in Melbourne.

Bangladesh: UN hears Dhaka's claim on August 25

Aug 20, http://www.thedailystar.net/newDesign/news-details.php?nid=199408

The United Nations will hear Bangladesh's claim on the continental shelf in the Bay of Bengal on August 25, months after Dhaka sought international arbitration following disputes with neighbouring India and Myanmar.

Brazil: Brazil Rio Governor Floats Oil Fee Hike To End Royalty Dispute

Sep 5, http://www.foxbusiness.com/industries/2011/09/05/brazil-rio-governor-floats-oil-fee-hike-to-end-royalty-dispute/

Dow Jones - Oil companies operating in Brazil's pre-salt offshore oil fields should pay 30% more than initially planned in "special participation fees" to cover the demand for distribution of oil royalties to Brazilian states, Rio de Janeiro state governor Sergio Cabral proposed Monday.

Brazil: The Case Of The $755 Billion Lawsuit Against Brazil

Aug 30, http://www.forbes.com/sites/andersonantunes/2011/08/30/the-case-of-the-755-billion-lawsuit-against-brazil/

In the late 1970s, Brazil and Iraq became major commercial partners. The South American nation, then ruled by military dictator Ernesto Geisel, needed oil to run its industrial machine, which was booming at the time. Meanwhile, Iraq needed food, technical support, appliances, automobiles and, perhaps most importantly, engineering services to build and improve its infrastructure, all of these things that the Brazilians were not only able but eager to offer. It seemed only natural that the two countries began trading so feverishly with one another, and a lot of people got rich off of that relationship.

Bulgaria Expects Russia to Give up Court Battle over Nuclear Plant

July 31, http://www.novinite.com/view_news.php?id=130734

"I think they [the Russians] realized that it makes no sense to fill the pockets of lawyers for getting legal services and that the best thing they can do for the project is to withdraw their claim," Economy and Energy Minister Traicho Traikov said in an interview for the Bulgarian National Radio on Sunday.

Bulgaria to Sue Russia in Geneva over Belene Project

Aug 4, http://www.novinite.com/view_news.php?id=130838

... It was not immediately clear however why the Bulgarian authorities have picked the Swiss town for their lawsuit.

Bulgaria to take National Bank of Greece to Paris court

Aug 11, http://www.sofiaecho.com/2011/08/11/1137508_bulgaria-to-take-national-bank-of-greece-to-paris-court

Bulgaria's Privatisation Agency said on August 10 it would submit a claim for at least three million euro against the National Bank of Greece in the International Court of Arbitration in Paris. The decision follows NBG's refusal to pay a bank guarantee on behalf of Greece's Public Power Corp (PPC), once picked to buy Bulgarian coal-fired power plant Bobov Dol.

Bulgaria's NEC to Launch Counterclaim on Belene

Aug 19, http://paper.standartnews.com/en/article.php?d=2011-08-19&article=37047

Next month, Bulgaria's electric utility NEC is going to file a counterclaim against Russia's Atomstroyexport. NEC's law department has almost finalized the paperwork necessary to file a claim at the Court of Arbitration with the International Chamber of Commerce in Geneva, the company's press office said.

See also http://www.sofiaecho.com/2011/08/18/1141386_stand-off-over-belene-nuclear-project-continues

Bulgaria's NEK says it will wait until Wed for Russia to announce whether its withdraws its Belene claim or not

Aug 2, http://www.focus-fen.net/index.php?id=n256233

"We will wait until Wednesday for Russia to announce whether it will withdraw its Belene NPP claim or not", National Electricity Company (NEK) Director Mihail Andonov told journalists, cited by FOCUS News Agency.

Bulgaria, Russia Get Tangled in Talks on Delayed Belene NPP Payments

Aug 10, http://www.novinite.com/view_news.php?id=131003

Bulgaria and Russia have started negotiations on their claims for one another over delayed payments for equipment for the Belene nuclear power plant, parallel to the general talks on the fate of the troubled project.

Bulgaria-Russia: NEK-Atomstroyexport talks to continue on August 12

Aug 3, http://www.focus-fen.net/index.php?id=n256307

Talks between Bulgaria's National Electricity Company (NEK) and Russia's Atomstroyexport over the withdrawal of the claim filed by the Russian company against the Bulgarian national grid operator will continue on August 12, Bulgarian Minister of Economy, Energy and Tourism Traycho Traykov announced after the sitting of the Council of Ministers, FOCUS News Agency reporter informs.

See also http://www.sofiaecho.com/2011/08/03/1133594_bulgaria-to-take-russia-to-geneva-court-over-belene-nuke-project

Bulgaria: Atomstroyexport replies to Bulgarian nuke power regulator's recommendations for Belene NPP

Aug 8, http://www.focus-fen.net/index.php?id=n256692

Atomstroyexport sent to the Bulgarian Nuclear Regulatory Agency a full set of answers to the recommendations made by the experts on the technical project for Belene NPP, RIA Novosti reports, citing a press release of the Russian company.

Burma-Bangladesh border dispute set for UN hearing (ITLOS)

Aug 26, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/pr_169_eng.pdf

Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar) - Public Hearing to Be Held From 8 September 2011

Canada-Honduras free trade agreement

August 12, http://pm.gc.ca/eng/media.asp?id=4252

The Government of Canada is committed to an ambitious free trade and investment agenda that will create new opportunities for Canadian businesses and workers. Prime Minister Stephen Harper, along with the President of Honduras, Porfirio Lobo, announced the conclusion of negotiations toward a Canada-Honduras free trade agreement.

Canada-US: Softwood dispute goes to arbitrator Tuesday

Aug 8, http://www.leaderpost.com/business/Softwood+dispute+goes+arbitrator+Tuesday/5219768/story.html

The latest round of the Canada-U.S. softwood lumber dispute will continue Tuesday as the United States is set to make its case at an international tribunal that British Columbia is subsidizing timber prices for pine-beetle damaged trees.

Canada: B.C. lumber group says confidential U.S. softwood lumber filing is without merit

Aug 10, http://www.cumberlandnewsnow.com/Canada---World/Business/2011-08-10/article-2700406/B.C.-lumber-group-says-confidential-U.S.-softwood-lumber-filing-is-without-merit/1

MONTREAL - The U.S. arbitration submission under the Softwood Lumber Agreement will remain confidential for a week, but a group representing B.C. lumber producers says reports about its contents suggest the unfair trade case against Canada is without merit.

Canada: JAMS to Expand to Canada with Opening of New Resolution Center in Toronto

Aug 11, http://www.jamsadr.com/jams-to-expand-to-canada-with-opening-of-new-resolution-center-in-toronto-08-11-2011/

JAMS, the largest provider of mediation and arbitration services worldwide, today announced it will expand its ADR services to Canada by opening a new Resolution Center in Toronto during the first quarter of 2012.

Canada: Mining Association of Canada (MAC) Applauds Progress by Canadian Government in the Americas

Aug 10, http://www.newswire.ca/en/releases/archive/August2011/10/c2932.html

The Mining Association of Canada (MAC) today offered congratulations to the federal government on the formal entry into force of the Canada-Colombia Free Trade Agreement (FTA) effective August 15 2011. Prime Minister Harper made this formal announcement during his ongoing trip to South America that features trade promotion and foreign relations visits to Brazil, Colombia, Costa Rica and Honduras.

Canada: St. Marys VCNA seeks $275M in compensation over scuttled quarry

Aug 10, http://www.thestar.com/news/ontario/article/1037616--cement-company-seeks-275m-in-compensation-over-scuttled-quarry

A Brazilian corporation is alleging its bid to build a massive quarry outside Hamilton was scuttled by the Liberal government for political reasons. In a $275 million lawsuit against the federal government - filed under the North American Free Trade Agreement - St. Marys Cement (SMC) charges the province intervened last year to help Grits living nearby.

St Marys VCNA LLC v Government of Canada - NAFTA - Notice of Intent to Submit a Claim to Arbitration - 13 May 2011:

https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=5349

Op-ed Gus Van Harten: The Carlisle quarry and NAFTA

Aug 14, http://www.thespec.com/opinion/columns/article/577718--the-carlisle-quarry-and-nafta

Provisions in free-trade agreement let international investors bypass laws and our courts The controversy over the Carlisle quarry has gone global, illustrating how Ontario and Ontarians can be the victims of flaws in a trade deal. St. Mary's Cement is threatening Canada under NAFTA Chapter 11 because Ontario took steps to reconsider the aggregate quarry it wanted to excavate on about 67 hectares at the 11th Concession and Milburough Line. The company is represented by Canadian lawyer Barry Appleton, one of the pioneers of Chapter 11 lawsuits against Canada. Local groups must now steel themselves for the next chapter in their long battle. They must ensure that Ontario and Canada will fight this lawsuit tooth and nail, as Canada has done in most other NAFTA cases. They can also now blow the whistle on how investor-arbitration can put unfair constraints on democracy. Before NAFTA, this sort of lawsuit was impossible

Chevron Awarded $96 Million in Arbitration Claim Against the Government of Ecuador

Aug 31, http://www.chevron.com/chevron/pressreleases/article/08312011_chevronawarded96millioninarbitrationclaimagainstthegovernmentofecuador.news

An international arbitration tribunal has awarded Chevron Corporation and Texaco Petroleum Company $96 million in a claim against Ecuador related to past oil operations by Texaco Petroleum, which is now a Chevron subsidiary. The tribunal, administered by the Permanent Court of Arbitration in The Hague, found that Ecuador's courts violated international law through their significant delays in ruling on certain commercial disputes between Texaco Petroleum and the Ecuadorian government. The final award also takes into account taxes, compound interest, and costs associated with the preliminary award announced in March 2010.

Chevron and Texaco Petroleum filed the international arbitration case in December 2006 under the Rules of the United Nations Commission on International Trade Law (UNCITRAL). The Permanent Court of Arbitration is an intergovernmental organization with more than 100 member countries established by international convention in 1899 to facilitate arbitration and other forms of dispute resolution. The United States acceded to the Court's founding convention in 1900 and Ecuador acceded in 1907.

The decision by the arbitration tribunal resolves seven commercial claims that Texaco Petroleum filed in Ecuador between 1991 and 1993. Ecuadorian courts continually delayed and refused to rule on the seven cases, which the tribunal determined was a violation of Ecuador's obligation under its Bilateral Investment Treaty with the United States to provide effective means for U.S. investors in Ecuador to assert claims and enforce their rights.

"This ruling confirms that Ecuador can be held accountable for its obligations under international law," said Hewitt Pate, Chevron vice president and general counsel. "Since Ecuador's politicized court system has failed to provide impartial tribunals and due process, Chevron has had to seek international remedies. Chevron will continue to pursue enforcement of the agreements entered into by Ecuador and its state-owned oil company, Petroecuador, when they were members of a producing consortium with Texaco Petroleum."

The Treaty arbitration tribunal is not alone in highlighting the Ecuadorian courts' failure to provide justice. In April 2011, the United States Department of State released its human rights report for Ecuador which states, "The media reported on the susceptibility of the judiciary to bribes for favorable decisions and resolution of legal cases and on judges parceling out cases to outside lawyers, who wrote the judicial sentences and sent them back to the presiding judge for signature." Likewise, the World Bank's latest Worldwide Governance Indicators ranked Ecuador below the 10th percentile of all countries surveyed with respect to the rule of law, placing it behind North Korea.

Recent events in Ecuador demonstrate the continuing deterioration and political subjugation of the justice system there:

- After a leading Ecuadorian newspaper, El Universo, ran an opinion column critical of President Rafael Correa, an Ecuadorian judge-at Correa's insistence-sentenced three newspaper executives and the columnist to jail for three years and fined the newspaper $40 million.

- According to The Economist, "It took Juan Paredes, replacing the intended judge who was on holiday, less than two days to read through the case's 5,000-page file" and issue the ruling. President Correa personally attended the hearing, "accompanied by a small crowd of supporters that pelted the defendants and their lawyers with eggs and bottles outside the courthouse. The media were barred from attending." International observers, including Human Rights Watch, called the ruling "a major setback for free speech in Ecuador."

- President Correa's Legal Secretary, Alexis Mera, issued an official proclamation, "by order of the Constitutional President of the Republic," requiring Ecuadorian Government ministries to immediately file suits for damages holding any judge who enjoins government projects personally liable if their injunctions are subsequently overturned by a higher court.

China-Canada: Major Green Disputes Move Ahead at WTO

Sep 7, http://ictsd.org/i/news/bridgesweekly/113568/

With an appeal by China in the China-Raw Materials (DS394, 395, 398) case and a new consultation request by the EU regarding the Canadian province of Ontario's controversial feed-in tariff programme for renewable energy (DS426), two high-stakes - and high-profile - environmental disputes recently moved forward at the global trade body.

China-Taiwam: Investor blasts cross-strait deals

Sep 6, http://www.taipeitimes.com/News/taiwan/archives/2011/09/06/2003512590

The head of an association that represents Taiwanese businessmen who fall victim to the Chinese said it looked like Chinese policy to prey on Taiwanese.

Churchill Mining's legal dispute in Indonesia unresolved

Aug 15, http://www.stockmarketwire.com/article/4203048/Churchill-Minings-legal-dispute-in-Indonesia-unresolved.html

... ICD will also commence arbitration proceedings in Singapore against other members of the Ridlatama Group who are parties to the investors agreements, under the rules of the International Chamber of Commerce, for their alleged breaches of the investors agreements. ICD is seeking, amongst other things, a declaration that there have been breaches of the investors agreements and for damages to be assessed.

China: Shenzhen announces ground rules for Qianhai zone

Aug 3, http://www.newsgd.com/news/GDNews/content/2011-08/03/content_27674888.htm

Hong Kong is mentioned in more than 20 articles in this document. For example, it is clearly stipulated that the Qianhai zone should persist in maintaining close cooperation with Hong Kong and draw on the concepts and experience of Hong Kong and other regions in market operation and planning, as well as common international rules and practices in development, construction and management. Senior managers of the Qianhai Authority may be recruited from among Hong Kong and overseas professionals. Qianhai will encourage the introduction of advanced international commercial arbitration systems, encourage Hong Kong arbitration agencies to provide commercial arbitration services to enterprises in the Qianhai cooperation zone, and encourage cooperation between Shenzhen and Hong Kong private mediation bodies in the provision of commercial mediation services to enterprises in Qianhai.

Congo's George Forrest Takes Gecamines to Arbitration Over Forced Sale

Sep 2, http://www.bloomberg.com/news/2011-09-02/congo-s-forrest-takes-gecamines-to-arbitration-over-forced-sale.html

Entreprise Generale Malta Forrest said it filed for arbitration with Democratic Republic of Congo's Gecamines for trying to "illegally appropriate" one of its copper and cobalt mines. Gecamines denies the charges.... it filed charges on Aug. 24 against state-owned Gecamines to the Paris-based International Chamber of Commerce's International Arbitration Court.

Czech Republic: Ministry halts biogas subsidies

Aug 4, http://www.praguepost.com/business/9670-ministry-halts-biogas-subsidies.html

The decision, which came on the heels of a municipal court ruling against taxes on solar plants intended to offset the cost of solar subsidies, will affect farmers planning biogas operations and change the shape of the sector for better or worse.

Czech Republic: Prague rejects accusation of forging document in Diag Human case

Aug 11, http://praguemonitor.com/2011/08/11/prague-rejects-accusation-forging-document-diag-human-case

The Czech Office for Government Representation in Property Affairs (UZSVM) rejects the Diag Human firm's accusation of manipulating some documents in the dispute about a high compensation for the firm's frustrated trade, Robert Hurt, from the UZSVM, told CTK yesterday. ... Diag Human has initiated distraints of the Czech Republic's property abroad on the basis of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. ...

See also http://www.radio.cz/en/section/curraffrs/czech-republic-facing-serious-problems-in-diag-human-arbitration-case

Czech Republic: Transparency International calls for shelving of Czech eco-tender

Sep 6, http://www.ceskapozice.cz/en/news/politics-policy/graft-watchdog-calls-shelving-czech-eco-tender

The Czech branch of global corruption watchdog Transparency International (TI) has called for the government to shelve a massive pollution clean-up tender in its tracks because of the high graft risks involved.

DryShips in Arbitration With Cosco Over Ship-Charter Payments

Aug 24, http://www.businessweek.com/news/2011-08-24/dryships-in-arbitration-with-cosco-over-ship-charter-payments.html

Bloomberg - DryShips Inc., the New York-listed operator of commodity carriers and drilling rigs, said it's in arbitration with China Cosco Holdings Co. over payments for ships chartered out to the Chinese company.

DryShips says COSCO resumes lease payments

Aug 31, http://www.reuters.com/article/2011/08/31/dryships-idUSL4E7JV2JN20110831

Reuters - Says COSCO has resumed higher payments on 3 disputed vessels; DryShips CFO says co has no further issues with counterparties

Dutch Court Confirms that it has Jurisdiction to Enforce the DPTG/TPSA Award and Seize Assets of TPSA

Sep 5, http://www.cisionwire.com/gn-store-nord-a-s-g/r/dutch-court-confirms-that-it-has-jurisdiction-to-enforce-the-dptg-tpsa-award-and-seize-assets-of-tps,e256979

On September 1, 2011 GN received a decision from the District Court in Amsterdam stating that the court has jurisdiction to enforce the DPTG/TPSA award in the Netherlands and thereby the power to seize TPSA's Dutch assets as requested by DPTG. The Dutch court also states that it will not make a decision on the enforcement until the so-called setting-aside proceedings in the Austrian court is completed. A final hearing in the setting-aside proceedings in the Commercial Court in Vienna, Austria is scheduled for September 8, 2011. DPTG´s prejudgment attachment on TPSA´s shares in its subsidiary TPSA Finance B.V. is not affected by the decision from the District Court in Amsterdam and remains in full force and effect.

CFO of GN Store Nord, Anders Boyer says: "With this decision we have once again received confirmation of the legitimacy of the Arbitration Tribunal's decision from September 2010, as the Dutch court confirmed its jurisdiction and thereby the power to seize the assets of TPSA. In our view this again confirms that courts in all member states to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards will enforce the award from the Austrian Arbitration Tribunal from September 2010 once a decision is rendered in the Commercial Court in Vienna."

Background

GN Store Nord continues to be involved in an arbitration case against Telekomunikacja Polska S.A. (TPSA) through its 75% share of DPTG I/S. The dispute concerns the determination of traffic volumes carried over the NSL fibre optical telecommunication system in Poland. DPTG is entitled to 14.8% of net profits from NSL during the period 1994-2009. The seat of the Arbitration Tribunal is Vienna, Austria.

The arbitration case against TPSA was initiated by DPTG in 2001 due to lack of profit sharing by TPSA. On September 3, 2010 the Arbitration Tribunal awarded DPTG approximately DKK 2.9 billion for the contract period from 1994 to mid-2004 (Phase 1). Despite the fact that the award is final and legally binding, TPSA did not pay the amount due within the 14-day deadline established by the Arbitration Tribunal, and the payment is still outstanding. Penalty interest of 6% p.a. will accrue until payment is received.

Ecuador Says Murphy Oil Drops ICSID Arbitration Suit

Aug 23, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201108232139dowjonesdjonline000390&title=ecuador-says-murphy-oil-drops-icsid-arbitration-suit

Dow Jones - U.S. company Murphy Oil Corporation has withdrawn its request for an arbitration process against Ecuador before the World Bank's International Center for Settlement of Investment Disputes, or ICSID, the Ecuadorean Attorney General's office said Tuesday.

Procuraduría logra el retiro de la solicitud de arbitraje en el CIADI presentada por la petrolera Murphy
August 23 2011
http://www.pge.gob.ec/es/rotativo/1697-procuraduria-logra-el-retiro-de-la-solicitud-de-arbitraje-en-el-ciadi-presentada-por-la-petrolera-murphy.html

El día de ayer, 22 de agosto de 2011, la Secretaría General del Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (CIADI) comunicó al Ecuador que la empresa Murphy Exploration and Production Company International retiró la segunda solicitud de arbitraje presentada contra el Estado ecuatoriano el 13 de julio de 2011.

Esto, luego de que, el 28 de Julio de 2011, la Procuraduría General del Estado presentara ante la Secretaría General del CIADI sus objeciones a este nuevo registro de reclamo, con sólidos argumentos jurídicos basados en la falta de consentimiento del Estado ecuatoriano para este arbitraje, debido a que el Ecuador dejó ser parte del Convenio CIADI a partir del 7 de enero de 2010, por lo que la disputa presentada estaba manifiestamente fuera de la jurisdicción de dicho organismo.

Como antecedente a este caso, el 15 de abril de 2008, la empresa Murphy presentó una primera solicitud de arbitraje iniciada ante el mismo CIADI, en la cual el Tribunal se declaró incompetente para conocer sobre el fondo de la controversia, debido a que la compañía no completó el periodo de seis meses de negociaciones previstos en el TBI, requisito previo indispensable al inicio del procedimiento.

En sus reclamos, la multinacional petrolera alegó supuestas violaciones al Tratado Bilateral de Protección de Inversiones (TBI) suscrito con Estados Unidos, a partir de la expedición de la Ley 2006-42 por la que el Estado recibía una participación sobre las ganancias extraordinarias percibidas por las petroleras, fruto del incremento de los precios del petróleo en el mercado internacional.

Al respecto, el Procurador General del Estado, doctor Diego García Carrión, calificó el retiro de la solicitud de arbitraje como la segunda victoria, en materia de jurisdicción, que el Estado ecuatoriano obtiene frente a Murphy, gracias a las acertadas actuaciones de un equipo de defensa totalmente comprometido con los intereses del Ecuador, y se reservó divulgar la estrategia de defensa del Estado en caso de que la compañía inicie un tercer arbitraje, pero aseguró que la defensa del país agotará todos los mecanismos que se encuentren a su alcance para obtener un nuevo resultado positivo.

Ecuador To Seek Reversal Of Hague Court Ruling Favoring Chevron

Aug 31, http://www.pge.gob.ec/es/reglamentos-internos/doc_download/253-final-chevron-ii.html

STATE DEFENSE GETS AWARD OF ARBITRATION AGAINST ECUADOR REDUCED BY $ 600 MILLION
http://www.pge.gob.ec/es/reglamentos-internos/doc_download/253-final-chevron-ii.html

August 31, 2011

Today the arbitral Tribunal -constituted under the UNCITRAL Arbitration Rules-- which heard the case instituted in December 2006 by Chevron- Texaco (Chevron II) against the Ecuadorian State for alleged denial of justice, issued its final award dramatically reducing the claims of the multinational oil company.

Previously, on March 30, 2010, the Tribunal had already accepted in a partial ruling the company's claims against the State of Ecuador and declared Ecuador responsible for breach of Article II (7) of the Bilateral Investment Treaty (BIT) signed with the United States resulting from its failure to afford Chevron-Texaco "effective means of asserting claims and enforcing rights with respect to investments, investment agreements and investment authorizations."

In its partial ruling the Tribunal preliminarily set an amount for damages of approximately $ 700 million, equivalent to the aggregate total of claims by the company in a number of judicial actions filed in Ecuador, plus simple interest accrued from the date of the filing of each of the underlying complaints in Ecuador until the date of the company's notice of arbitration (December 21, 2006). Additionally, the Tribunal ordered that compound interest should accrue on the nearly $ 700 million from December 22, 2006 until the date of effective payment.

However, because of an adequate defense by the Ecuadorian State, headed by the Attorney General and supported on Ecuadorian tax laws, the arbitral Tribunal ultimately found, among other things, that the amounts claimed by the company are subject to payment of a 87.31% unified tax, so Chevron-Texaco is entitled only to $ 96,355.369 million. This effects a substantial reduction of approximately 86% compared to the partial award and a 94% reduction when compared to the aspirations of the company, originally estimated at $1.6 billion.

ECUADOR REJECTS THE TRIBUNAL´S DECISION AND ANNOUNCES LEGAL ACTIONS

The Ecuadorian State rejects the final decision of the UNCITRAL Tribunal, despite the reduction in the amount of compensation, considering that it has no legal validity and constitutes a serious injustice.

Ecuador's defense argues that the six complaints that Chevron filed between 1991 and 1993 and which are the basis of this ruling in favor of the company were not covered by the BIT because the treaty only entered into force in 1997 and, because it cannot be applied retroactively, the Tribunal had no jurisdiction to decide on such claims.

Furthermore, the UNCITRAL Tribunal decided that, as a result of delays in the adjudication of claims by the judiciary, it could arrogate to itself the power to render a decision in each one of the six cases, stepping into the shoes of the Ecuadorian judges. In doing so, the Tribunal completely ignored the rulings of the Ecuadorian courts and circumventing their authority. Moreover, the Tribunal did so even after implicitly recognizing that the Ecuadorian courts are competent and independent.

The Office of the Attorney General does not accept that any delays in the adjudication of Chevron's claims constituted a breach of any provision of the BIT, and differs with the Tribunal's interpretation of Article II (7). According to Ecuador, the requirement stated by this Article -effective means- refers to the implementation of a framework or system where claims can be made and rights upheld, but it does not impose an obligation on the Parties to ensure that the said framework or system always be effective in each particular cases.

For these reasons, on July 7, 2010, Ecuador initiated an action to set aside the decision on jurisdiction - in which the Tribunal upheld its jurisdiction to hear the case - and the partial award of March 2010; additionally, in the next ninety days, Ecuador will initiate a new action for annulment, this time of the final award rendered by the Tribunal.

The two actions for annulment will be heard by the District Court in The Hague, and constitute the first instance before the District Courts of Holland, which would be followed by a review by the Court of Appeals and, ultimately, by the Supreme Court of the Netherlands.

"The defense of the Ecuadorian State will exhaust all resources at its disposal to obtain a decision of last resort and ensure that the enforcement of awards are not detrimental to the interests and development of the country, due to the enormous financial burden that these could represent," adds Dr. Garcia.

Ecuador: IACHR Takes Case Involving Ecuador to Inter-American Court

Aug 17, http://www.cidh.oas.org/Comunicados/English/2011/93-11eng.htm

The Inter-American Commission on Human Rights (IACHR) filed an application with the Inter-American Court of Human Rights in Case No. 12.600, Hugo Quintana Coello and Others (Justices of the Supreme Court), Ecuador.

Admissibility Report in the case:
http://www.cidh.oas.org/annualrep/2007eng/Ecuador1425.04eng.htm

Applications Filed with the Inter-American Court:
http://www.cidh.oas.org/demandas/demandasENG2011.htm

Egypt seeks to settle land disputes

Sep 1, http://www.timeslive.co.za/africa/2011/09/01/egypt-seeks-to-settle-land-disputes

The Egyptian government is seeking to settle disputes over the price of land and other issues with about 20 foreign and local investors in a bid to avoid costly arbitration and rebuild confidence in Egypt, says an official.

Egypt: International arbitration plays key role in gas deal, Egypt's future

Aug 11, http://www.almasryalyoum.com/en/node/485459

In this case, arbitration proceedings would be presided over by a non-state third party, and could cost Egypt up to US$8 billion in recompense, as mentioned by Yosef Maiman, CEO of Ampal, which is part of Eastern Mediterranean Gas Company (EMG), to Reuters. But arbitration proceedings could also reveal the corruption that many believe was inherent to the deal.

Finland: New English name for Arbitration Institute

Sept 1, http://www.arbitration.fi/en/news.html

As of April 2011, the Arbitration Institute has changed its name in English to The Arbitration Institute of the Finland Chamber of Commerce (formerly "The Arbitration Institute of the Central Chamber of Commerce of Finland"). The Arbitration Institute's model arbitration clauses have been updated accordingly to reflect the new name.

French court orders probe of IMF chief Lagarde's role in $400 million arbitration deal

Aug 4, http://www.washingtonpost.com/world/europe/french-court-orders-probe-of-imf-chief-lagardes-role-in-400-million-arbitration-deal/2011/08/04/gIQAXY9stI_story.html

Investigators will open an inquiry this week into possible charges of "complicity to embezzlement of public funds" and "complicity to forgery," prosecutors said.

Georgia: Appeals Court Upholds Conviction of Israeli Businessmen

July 27, http://www.civil.ge/eng/article.php?id=23804

Court of Appeals in Tbilisi upheld on July 26 the conviction of two Israeli businessmen sentenced in Georgia for bribery charges.

Germany-China: CHENCO GmbH Announces Initiation of Claims Proceedings Against Do-Fluoride Chemicals (DFD)

Aug 12, http://www.abc12.com/story/15265277/chenco-gmbh-announces-initiation-of-claims-proceedings-against-do-fluoride-chemicals-dfd-for-unauthorized-use-of-technology-material-breach-of?clienttype=printable

CHENCO GmbH announced that they have filed claims of more than EUR 23 Million against Do-Fluoride Chemicals (DFD) of Henan, China under ICC arbitration for immediate judgment.

CHENCO claims that DFD, after having licensed and built 3 (three) plants using authorized CHENCO Technology, has built 12 (twelve) additional unauthorized and illegal plants for the production of Anhydrous Hydrogen Fluoride (AHF) and Aluminium Fluoride (AlF3) based upon CHENCO Technology. Additionally, CHENCO claims that DFD together with Chalco (Aluminium Corporation of China) has entered into a joint venture, called Fushun, whereby unauthorized CHENCO Technology is to be used for both. Contrary to the clear obligation of the underlying Agreements DFD has not paid for these additional plants.

The total claims to be made by CHENCO continue to rise, as further evidence is uncovered that additional contractual violations have been committed by DFD.

The claims shall be presented at hearings to be held as ICC Arbitration in Zurich, Switzerland, under Swiss Law as agreed contractually by both CHENCO and DFD.

Germany-Russia: E.ON Ruhrgas seeks arbitration in row with Gazprom

Aug 1, http://uk.reuters.com/article/2011/08/01/eon-gazprom-dispute-idUKLDE77016P20110801

Reuters - E.On Ruhrgas said on Monday it will seek arbitration in a prolonged row with Gazprom over long-term gas supply contract terms.

Gold Reserve Inc. Provides Update to ICSID Arbitration

Aug 1, http://www.goldreserveinc.com/documents/nr%2011-04.pdf

Gold Reserve Inc. announced the filing of its Reply on July 29, 2011 to Venezuela's Counter-Memorial relating to the arbitration claim against the Bolivarian Republic of Venezuela with the World Bank's International Centre for Settlement of Investment Disputes ("ICSID"), in accordance with the provisions of the Canada-Venezuela Bilateral Investment Treaty ("BIT").

Gold Reserve's claim alleges violations of three provisions of the Canada-Venezuela BIT culminating in the effective expropriation of Gold Reserve's sizable investments in the world-class Brisas gold/copper project and the promising Choco 5 property.

Gold Reserve claims that Venezuela's wrongful conduct caused it to lose the entire value of its rights to develop the Brisas Project and Choco 5. As a result, Gold Reserve is seeking compensation corresponding to the restitution, or fair market, value of the rights to develop the Brisas Project and Choco 5, as of the date of the award. After accepting a few proposed corrections noted in Venezuela's Counter-Memorial and updating the interest calculations to reflect the measure of Gold Reserve's losses as of June 30, 2011, the revised claim now approximates $2.1 billion.

Venezuela is scheduled to file its Rejoinder by November 14, 2011. At that point the written phase of the arbitration will be complete and the final hearing on the merits and jurisdictional issues is scheduled for a 10 day hearing to commence on February 6, 2012 in Washington, D.C.

Doug Belanger, President, stated, "The filing of our Reply is the culmination of an extensive effort by counsel, technical, legal and financial experts and Company personnel. With only six months to the final hearing we are very pleased with the progress and the pace of the arbitration. However, we always remain ready to evaluate and possibly enter an amicable settlement that would compensate Gold Reserve for its losses in addition to possibly retaining an interest in the project in exchange for the transfer of the extensive technical information that will allow the project to proceed on a fast track basis rather than to take years to duplicate. Any settlement would only be accepted if it were beneficial to the shareholders and stakeholders of the company. Our objective is to pursue both the arbitration and settlement until the process is concluded."

Hungary: Court orders Genefar to pay Richter $40 mln

Aug 9, http://www.bbj.hu/business/court-orders-genefar-to-pay-richter-usd40-mln_59402

On August 8, 2011 Gedeon Richter Plc. received the award of the International Court of Arbitration of the International Chamber of Commerce (ICC) dated August 3, 2011 in the arbitration proceedings related to the failure of the Polpharma transaction.

Gedeon Richter Plc. initiated the proceedings in December 2008 against Genefar BV claiming compensation for damages caused by breach of contract. In its award the Arbitral Tribunal ordered Genefar BV to pay to Gedeon Richter Plc. USD 40,000,000 (that is forty million US Dollars) plus interest until payment as break fee. By the award the arbitration proceedings are closed, the Arbitral Tribunal dismissed the parties' further claims (including Genefar BV's counterclaim).

"Israel Chemicals Ltd (ICL) should pay most of salt harvesting cost"

Sep 4, http://www.globes.co.il/serveen/globes/docview.asp?did=1000679448

Israel Chemicals Ltd. unit Dead Sea Works should bear the "largest share" of the salt harvesting from the southern basin of the Dead Sea, and a special tax should be levied on the company's profits, Deputy Attorney General for Economics and Fiscal Affairs Adv. Avi Licht has ruled in a detailed opinion submitted to the Ministry of Finance. Licht says that the company should be compelled to carry out the salt harvesting through legislation, if the arbitration with the company fails.

India-Pakistan: ICA decision on Kishanganga project imminent

Sep 9, http://www.dailytimes.com.pk/default.asp?page=2011%5C09%5C09%5Cstory_9-9-2011_pg7_17

ISLAMABAD: A decision by International Court of Arbitration (ICA) is expected after reviewing the additional required information over controversial Kishanganga Hydro Power Project, which both Pakistan and India submitted the day before yesterday.

India: Antrix moves SC on issue of arbitration with Devas

Aug 10, http://www.hindustantimes.com/Antrix-moves-SC-on-issue-of-arbitration-with-Devas/Article1-731829.aspx

Antrix Corporation, the commercial arm of ISRO, has approached the Supreme Court challenging the arbitration proceedings initiated against it in London by Devas Multimedia, whose controversial 1,000 crore deal for scarce S-band spectrum with it was annulled. Antrix has filed a petition objecting to the invocation of arbitration proceedings by Devas at the International Court of Arbitration in London.

India: Delhi High Court asks Australian mining firm AMCI PTY Ltd to deposit USD 152.8 million with it

Sep 4, http://economictimes.indiatimes.com/news/news-by-industry/indl-goods-/-svs/metals-mining/hc-asks-australian-mining-firm-amci-pty-ltd-to-deposit-usd-152-8-million-with-it/articleshow/9857410.cms

Allowing a plea of state-owned steel major SAIL, the Delhi High Court has asked USD 152.8 million as security deposit by Australian mining firm AMCI PTY Ltd in pursuance of an award of the International Court of Arbitration (ICA).

India: Glenmark Pharmaceuticals Files Arbitration Claims against Napo

Aug 8, http://www.glenmarkpharma.com/GLN_NWS/PDF/Filing_Arbitrati_Claims_gainst_Napo.pdf

Glenmark Pharmaceuticals said on Monday it has filed for arbitration claims against its partner Napo Pharmaceuticals to prevent the latter from distributing an HIV-associated drug in Glenmark's territories through relief agencies. Glenmark along with U.S.-based partners Napo and Salix Pharmaceuticals has developed 'Crofelemer', a drug to treat HIV-associated diarrhoea.

According to the licensing agreement, Glenmark holds the exclusive rights to distribute Crofelemer in 140 countries while Salix would distribute the drug in regulated markets like North America, Japan and Europe.

Glenmark believes, contractually it has exclusive legal rights with respect to relief agency distribution as well in the specified 140 countries and it has resources to meet the demand, it said in a statement.

India: Procurement law to battle graft

Aug 29, http://timesofindia.indiatimes.com/business/india-business/Procurement-law-to-battle-graft/articleshow/9774602.cms

In a move aimed at rooting out corruption from lucrative contracts, the government is expected to draw heavily from the model UN (United Nations) law while drafting India's public procurement legislation, which will also cover public private partnership projects, a top government official said.

India: SC issues notice to Devas over arbitration clause disp

Sep 7, http://www.lawetalnews.com/NewsDetail.asp?newsid=4679

The Supreme Court on Tuesday issued notice to Devas Multimedia over a petition filed by Antrix Corporation, the commercial arm of the Indian Space Research Organisation (ISRO), challenging an arbitration proceedings initiated by Devas Multimedia at the International Court of Arbitration in London.

India: Supreme Court defers hearing of Antrix Devas deal dispute

Aug 30, http://www.lawetalnews.com/NewsDetail.asp?newsid=4638

The Supreme Court on Tuesday deferred the hearing on the dispute between Antrix Corporation, the commercial arm of Indian Space Research Organisation (ISRO), and Devas Multimedia over an arbitration proceedings initiated by the latter at the International Court of Arbitration in London.

India: Unregistered arbitration, but stamped, agreements are valid: SC

July 22, http://economictimes.indiatimes.com/news/economy/policy/unregistered-arbitration-but-stamped-agreements-are-valid-sc/articleshow/9317214.cms

NEW DELHI: The Supreme Court has ruled that the unregistered arbitration agreements are valid and can be enforced for the purpose of the resolution of the dispute between the parties. The apex court overruled a Guwahati High Hourt order which had said that the arbitration proceedings cannot be initiated on the basis of an unregistered agreement.

India: Vedanta Gets Formal Approval of Cairn Takeover From India

Aug 1, http://www.bloomberg.com/news/2011-08-01/vedanta-gets-formal-approval-of-cairn-takeover-from-india-1-.html

Vedanta Resources Plc (VED) received formal approval from India to take over Cairn Energy Plc (CNE)'s domestic unit on condition an agreement is reached on sharing royalty payments currently covered by state-run Oil & Natural Gas Corp.

Iran has filed a lawsuit against Russia (International Arbitration Court)

Aug 25, http://en.rian.ru/analysis/20110825/166169192.html

Failing to receive the promised Russian S-300 air defense systems, Iran has filed a lawsuit against Russia in the hope of enforcing the contract that was canceled in 2010. But Tehran's chances of getting anything out of it are slim.

Iran: Russia 'surprised' by Iran's legal complaint over S-300

Aug 25, http://www.dailystar.com.lb/News/Middle-East/2011/Aug-25/Russia-surprised-by-Irans-legal-complaint-over-S-300.ashx

Russia said Thursday it was surprised by Iran's move to lodge a legal complaint against Moscow over the cancellation of an S-300 missile contract, insisting that sanctions had tied its hands.

Iraq Parliamentary economic committee pushes for amending investment law

Aug 05, http://www.alsumaria.tv/en/Economics-News-Iraq/3-67275-Iraq-Parliamentary-economic-committee-pushes-for-amending-investment-law.html

Iraq's Parliamentary economic committee affirmed on Thursday that the investment law requires some modifications that go in line with economic orientation in Iraq. Bank guarantees are among the hindrances that impede foreign investments in Iraq, the committee said noting that Iraqi banks are close to exchange offices.

Iraq's Kurdish Region Stops All Crude Oil Exports, Minister al-Luaibi Says

Sep 11, http://www.bloomberg.com/news/2011-09-11/iraq-s-kurdistan-stops-oil-exports-minister-al-luaibi-says-1-.html

The semi-autonomous Kurdish region of northern Iraq halted all exports of crude today, Iraqi Oil Minister Abdul Kareem al-Luaibi said.

Iraq: Hess Exclusion From Iraqi Oil-License Bid 'Unjustified,' MP Says

Sep 6, http://www.bloomberg.com/news/2011-09-06/hess-exclusion-from-iraqi-oil-license-bid-unjustified-mp-says.html

Hess Corp. (HES), the New York-based oil company, is barred from competing in Iraq's fourth licensing round for energy contracts, Iraqi Kurdish lawmaker Bayazid Hasan said, calling the Oil Ministry's decision unwarranted.

Kurdistan denounces Iraqi oil law

Sep 6, http://www.krg.org/articles/detail.asp?lngnr=12&smap=02010100&rnr=223&anr=41371

Presidency's statement on Iraq Council of Ministers' passage of federal hydrocarbons law

The Kurdistan Region Presidency (KRP) yesterday issued a statement in Arabic, on the Iraqi Council of Ministers' approval of a draft federal hydrocarbons law. The following is a translation of the statement.

Ireland: ICC Tribunal decision on Arbitration proceedings between CRH and Semapa in relation to Secil Portuguese joint venture

Aug 11, http://www.crh.ie/news-and-media/press-releases/2011/11-08-2011.aspx

Since 29 October 2009, when CRH last made an announcement on this matter, CRH and Semapa (SGPS, S.A.), CRH's joint venture partner in the Secil joint venture, have been engaged in Arbitration proceedings to resolve disagreements between them which have culminated in an Award by an Arbitral Tribunal in Paris, functioning under the Rules of Arbitration of the International Chamber of Commerce (ICC) in accordance with the provisions of the Shareholders Agreement.

The Arbitral Tribunal has concluded in its Award that, while both parties have breached provisions of the Shareholders Agreement, Semapa's exercise of a call option for the purchase of CRH's 49% shareholding in Secil is valid. The parties are now obliged to complete the sale and purchase of CRH's shareholding in Secil at an equity price of €574 million within 180 business days. The Arbitral Tribunal dismissed claims by Semapa for compensation.

CRH acquired a 49% shareholding with joint management control in Secil in June 2004 for an equity consideration of €329 million plus share of net debt at acquisition of approximately €100 million.

Jordan: Investors urged to voice concerns, solutions promised

Sep 7, http://www.jordantimes.com/index.php?news=41067

His Majesty King Abdullah on Tuesday emphasised the need to seriously and swiftly respond to investors' demands to enable them to expand their projects in the Kingdom. The King, during a meeting yesterday with Arab and foreign investors, stressed the importance of investment in creating job opportunities and achieving the sought-after growth, urging authorities to offer investors all facilities and guidance, according to a Royal Court statement.

Kazakhstan: BG Group confident of resolution to Kazakhstan dispute

July 26, http://af.reuters.com/article/energyOilNews/idAFL3E7IQ2C120110726

Reuters - BG Group is confident of resolving a dispute with Kazakhstan over the Karachaganak gas project before the end of the year, the British oil and gas firm's chief executive said.

Kenya: Migingo among other border disputes

Sep 10, http://www.theeastafrican.co.ke/news/Migingo+among+other+border+disputes/-/2558/1234062/-/1453db5z/-/

Kenya has had a number of territorial disputes with its neighbours, some of which are yet to be solved almost 50 years after Independence. The oldest dispute is that around the Ilemi Triangle a territory, claimed by Sudan, Kenya and Ethiopia, and which goes back to the colonial times.

Laos: Federal court in New York ruled in favor Thai-Lao Lignite and Hongsa Lignite in international arbitration

Aug 8, http://www.paulhastings.com/NewsDetail.aspx?NewsId=147863

Press release - Paul Hastings LLP announced today that a federal court in New York ruled in favor of Paul Hastings energy clients Thai-Lao Lignite (Thailand) Co., Ltd. and Hongsa Lignite (Lao PDR) Co., Ltd. in an international arbitration against the Government of Laos involving a breach of contract in the development and operation of a $2.7 billion power plant, which will be one of the largest power plants in Southeast Asia. The court ruled that the Government of Laos is required to pay the arbitration award, valued at $56 million.

The arbitration award arose out of the Lao Government's premature termination of an agreement whereby Thai-Lao Lignite (Thailand) Co., Ltd. and Hongsa Lignite (Lao PDR) Co., Ltd. were to develop and operate the coal-fired power plant project located in the Hongsa region of Laos.

The companies were forced to seek judicial enforcement after Laos refused to pay the award, which was handed down in November 2009. On August 3, 2011, The U.S. District Court for the Southern District of New York rejected all of Laos' objections to the arbitral award. The ruling underscores the bedrock U.S. policy favoring the prompt enforcement of international arbitration agreements, which represent foreign investors' primary form of legal protection in disputes against the states in which they invest.

Libya: Dispute over control of Libya's $65bn fund

Aug 30, http://www.zawya.com/story.cfm/sid20110830_21151_119/Dispute_Over_Control_Of_Libyas_65bn_Fund

A dispute has erupted over control of Libya's $65bn sovereign wealth fund, as the national transitional council attempts to maintain stability in the oil-rich nation. Several NTC members have contested the authority of Mahmoud Badi, who is probing corruption at the Libyan Investment Authority.

Malaysia: Plans To Promote Malaysia As Dispute Resolution Centre

Aug 16, http://www.bernama.com.my/bernama/v5/newsindex.php?id=608562

Bernama - Plans are underway to promote Malaysia as a dispute resolution centre in Southeast Asia and the Asia-Pacific region.

The move is being made by the judiciary and the Malaysian Bar in view of the positive changes made by Chief Justice Tun Zaki Azmi to the judiciary, including efficiently disposing off court cases in a speedy manner.

Malaysian Bar president Lim Chee Wee said in order to raise this awareness, a 5th China-Asean forum on legal cooperation and development would be held in Kuala Lumpur this Sept 26 and 27.

Mauritius: The establishment of LCIA-MIAC

July 28, http://www.lcia.org//News/Mauritius_The_establishment_of_LCIA_MIAC.aspx

On 28 July, at the Commonwealth Secretariat, Marlborough House, in London, the Government of the Republic of Mauritius, the LCIA and a new Mauritian company incorporated for the purpose, Mauritius International Arbitration Centre Limited (MIAC), entered into an agreement for the establishment and operation of a new arbitration centre in Mauritius, to be known as LCIA-MIAC Arbitration Centre.

Myanmar: As parliament prepares to sit, expectations high for 'solid' legal changes

Aug 22, http://www.mmtimes.com/2011/news/589/news58902.html

There is consensus that the Foreign Investment Law and Myanmar Citizens' Investment Law, enacted in 1988, are both unsuitable for the present economic climate, a fact acknowledged by U Kyaw Hsan at the August 12 press conference.

Namibian Govt in offshore tender fight

Aug 9, http://www.namibian.com.na/news/full-story/archive/2011/august/article/govt-in-offshore-tender-fight/

A row over a rehabilitation and upgrading contract for two Namibian airports has put bilateral ties between Namibia and Spain under strain after the Namibian Government terminated the contract of a Spanish engineering company.

Netherlands: SBM Offshore reports legal action in the case of the Deep Panuke platform and arbitration proceedings for the Yme platform have been initiated

July 28, http://www.sbmoffshore.com/DOCS/PressRelease-20110728.pdf

SBM Offshore's Yme and Deep Panuke platforms have now been installed on their respective offshore locations in Norway and Canada. Commissioning activities, as well as remaining construction works are currently ongoing to complete and prepare the facilities for start of production.

Due to one client recently having revised its contractual position and a remeasurement of remaining on-site works the latest forecast net costs for the two platforms has materially increased.

In both projects the Company has been unable to reach a settlement with its clients for additional compensation. Legal action in the case of the Deep Panuke platform and arbitration proceedings for the Yme platform have been initiated against the respective clients. The Company will actively continue both actions to maximise recovery of costs. The outcomes of proceedings will only be known when the litigation and arbitration processes have run their course.

Due to the uncertainty as to the Company's ability to secure satisfactory compensation for its claims, the Company will therefore book an impairment charge under the Lease and Operate segment in the SBM Offshore H1 2011 results to be published on 18 August 2011.

The impairment charge to be recognised amounts to US$ 450 million which will lead to a net loss for the first half year of 2011. Net result before minority interests for the full year 2011 is expected to be close to breakeven. A fully updated 2011 outlook will be issued with the mid-year results release.

The more recent major projects in execution by the Company are on schedule and are performing in line with or above expectations.

In view of the ongoing legal action, arbitration proceedings, discussions with our clients and finalisation of the mid-year accounts the Company can not disclose any further information regarding the above impairment charge nor outlook until mid year results press release and analysts presentation on 18 August 2011.

New issue of The ICSID Caseload - Statistics

July 27, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement91

The ICSID Secretariat has released a new issue of its online publication, the ICSID Caseload - Statistics.

This issue (Issue 2011-2), published in the three official languages of the Centre (English, French and Spanish), contains an overview of the cases registered or otherwise administered by ICSID as of June 30, 2011. The issue features information concerning the basis of consent to ICSID jurisdiction, the geographic distribution of cases by State Party to the dispute, and the economic sectors involved in ICSID cases. It also contains data on outcomes in ICSID proceedings (including further information on disputes decided by arbitral tribunals), the nationalities of arbitrators, conciliators and ad hoc committee members appointed in ICSID cases, and outcomes in annulment proceedings under the ICSID Convention.

The ICSID Caseload - Statistics will be updated bi-annually and can be accessed through the "Publications" section of the Centre's website.

The Secretariat continues to welcome any comments or suggestions by email at icsidsecretariat@worldbank.org.

New Zealand: Partnership puts centre at forefront of dispute resolution education

Aug 13, http://www.massey.ac.nz/massey/about-massey/news/article.cfm?mnarticle_uuid=8568DBC7-C9EB-522C-A539-DF8AB48F4EAA

The Massey University has signed a partnership agreement with the Arbitrators' and Mediators' Institute of New Zealand (AMINZ) that cements the Dispute Resolution Centre's place at the forefront of mediation education.

Nigeria: Exxon Mobil Awaits Nigeria Erha Oil Arbitration Ruling

Aug 22, http://www.businessweek.com/news/2011-08-22/exxon-mobil-awaits-nigeria-erha-oil-arbitration-ruling.html

Bloomberg - Exxon Mobil Corp.'s Nigerian unit is awaiting an arbitration ruling to end its dispute with the Nigerian National Petroleum Corp. over "entitlements to lift crude oil" from the Erha offshore field.

Seoul could seek int'l arbitration over dispute

July 28, http://www.koreaherald.com/national/Detail.jsp?newsMLId=20110728000944

South Korea could seek international arbitration in case North Korea disposes of seized South Korean assets at a scenic mountain resort in the isolated country, a research arm of the legislature said Thursday.

North Korea expels Southern workers from Mt. Geumgang

Aug 23, http://www.koreatimes.co.kr/www/news/nation/2011/08/116_93341.html

North Korea expelled the last remaining South Korean workers at a jointly-run mountain resort Tuesday after vowing to unilaterally dispose of South Korean assets there, leaving the symbolic project in limbo.

Norway: Aker Solutions Announces Blind Faith Arbitration Ruling

June 17, http://www.offshoreenergytoday.com/norway-aker-solutions-announces-blind-faith-arbitration-ruling/

The final ruling has been delivered in the proceedings between subsidiaries of Aker Solutions and Chevron concerning delivery of the Blind Faith platform. The platform was installed in the Gulf of Mexico and started production in 2008.

Pakistan fails to get ICA stay against India's Kishanganga project construction

Sep 1, http://www.newstrackindia.com/newsdetails/238266

ANI - Pakistan has failed to get stay from the International Court of Arbitration (ICA) against India's construction of the Kishanganga Hydroelectric Power Project (KHEP).

Pakistan moves International Court of Arbitration to halt India's Kishenganga project

Aug 15, http://www.newstrackindia.com/newsdetails/235538

ANI - Pakistan has moved the International Court of Arbitration to ask India to halt construction of the Kishenganga project.

Pakistan envoy Kamal Majiullah will lead a delegation in the ongoing legal battle against India on the project.

The delegation would first call on foreign lawyers hired by Pakistan, in London between August 21and 23.

Pakistan team leaves for The Hague without key official

Aug 23, http://www.pakistantoday.com.pk/2011/08/pakistan-team-leaves-for-the-hague-without-key-official/

The Pakistan team left for The Hague without its key official, Indus Water Commissioner (IWC) Shiraz Memon, who was dropped at the last moment due to differences with Special Assistant to the Prime Minister on Water and Agriculture Kamal Majeedullah.

Pakistan-India: International Court of Arbitration to resume hearing Aug. 25 on Kishanganga hydel project

Aug 24, http://www.brecorder.com/pakistan/industries-a-sectors/25206-international-court-of-arbitration-to-resume-hearing-aug-25-on-kishanganga-hydel-project.html

International Court of Arbitration is slated to resume its hearing in Kishanganga 330MW hydel power project in Indian Held Kashmir later this week in The Hague. A Bench from the court visited site of project in Held Kashmir in June this year. The hearing, set to start from August 25, will be second after arbitration Bench met for first time in January 2011. Pakistan has petitioned seeking an interim stay order on construction activities at the site.

Pakistan: Kishanganga to cause Pakistan Rs12b annual loss

Aug 19, http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=63600&Cat=2

If the Kishangaga hydropower project being built by India in held Kashmir gets commissioned by 2014 as per the new schedule, Pakistan will be left to suffer over Rs12.1 billion annual losses ($140 million loss) just in the wake of reduction in hydro generation by Neelum-Jhelum hydropower project. It will also be hit by a Rs421 million loss since the execution of planned agriculture development activities will also be jeopardised, reveals a study carried out by eminent water expert, Arshad H Abbasi of the Sustainable Development Policy Institute (SDPI).

Peru: Chinese businessperson to receive USD 1 million compensation from State

Aug 5, http://www.fis.com/fis/worldnews/worldnews.asp?monthyear=&day=5&id=44995&l=e&special=&ndb=1%20target=

The ICSID decided against the Peruvian state in a lawsuit filed by a Chinese fishing entrepreneur, and ordered that USD 1 million compensation shall be paid.

Philipines: Risks of arbitration

Aug 11, http://business.inquirer.net/12177/risks-of-arbitration

Barring any compromise agreement, another multibillion-peso infrastructure project of the country involving a foreign company is expected to go to arbitration. President Aquino has served notice of his intention to cancel the P11.8-billion contract entered into by the past administration for the construction of 72 roll-on, roll-off ports in different parts of the country.

Philippines to seek more oil in West Philippine Sea

June 29, http://globalnation.inquirer.net/5034/philippines-to-seek-more-oil-in-west-philippine-sea

The Philippines said Wednesday it would grant more permits to private firms to search for oil and natural gas in the West Philippine Sea (South China Sea), where it has a simmering territorial dispute with China.

Philippines: DFA launches Philippine Treaties Online

Sep 7, http://www.gov.ph/2011/09/07/dfa-launches-philippine-treaties-online/

The Department of Foreign Affairs (DFA), through its Office of Legal Affairs (OLA), has made available on its website the full text of some 1,600 international agreements entered into the country since 1946, under its "Philippine Treaties Online" project. Website address: http://dfa.gov.ph/treaties/ola/

Poland: PGNiG may seek arbitration over Russian gas prices

Sep 1, http://www.warsawvoice.pl/WVpage/pages/article.php/17844/news

Poland's gas monopoly PGNiG said Wednesday that if it does not reach a deal with Russia's Gazprom by October on the price of Russian gas imports it may take the case to an arbitration court.

Russia Deems Unlawful EU's Presumable Audit Of Ukraine-Russia 2009 Gas Contracts

Sep 8, http://un.ua/eng/article/348787.html

Russia takes as unlawful presumable audit by the European Commission of the Ukraine-Russia 2009 gas contracts, reads a statement posted at the website of the Russian Ministry of Foreign Affairs.

Statement [in Russian] http://www.mid.ru/brp_4.nsf/0/0653B2150F120616C3257905002253CF

Russia urges Ukraine not to politicize gas deliveries

Aug 12, http://en.rian.ru/russia/20110812/165739232.html

Russian President Dmitry Medvedev has called on his Ukrainian counterpart Viktor Yanukovych not to politicize the Russian-Ukrainian gas cooperation, a Kremlin source said.

Russia's Transneft may repay $10 bln loan to China, early - source

Aug 4, http://www.prime-tass.com/news/_Source_Russias_Transneft_may_repay_10_bln_loan_to_China_early/0/%7BAE528D14-D853-4973-925C-0215966F8F52%7D.uif

PRIME - Russian oil pipeline monopoly Transneft is ready to repay its U.S. $10 billion loan to China ahead of schedule, if it goes to a London arbitration court to sue Chinese partners over a decrease in payments for Russian oil supplies, a source close to negotiations said Thursday, as cited by RIA Novosti.

Russia-Germany: Gazprom and RWE Interests 'Match'

Aug 10, http://www.themoscowtimes.com/business/article/gazprom-and-rwe-interests-match/441804.html

FRANKFURT - RWE and Gazprom are both willing to develop further their exclusive talks, begun last month, on power station ventures and gas prices, the German utility said Tuesday.

Russia-Lithuania: Gazprom has filed a request to Arbitration against Lithuania

Aug 31, http://english.ruvr.ru/2011/08/31/55465155.html

Gazprom has filed a request to the Arbitration Institute of the Stockholm Chamber of Commerce to consider the conflict with Lithuania's Energy Ministry. The Russian company wants to receive a compensation of damage from the ministry following an earlier court proceedings Vilnius initiated against Gazprom. ... Now Gazprom has filed a counter claim seeking compensation for damage it suffered due to Vilnius' claims. According to general director of the Russian Fund of national energy security Konstantin Simonov, Gazprom has good chances of having his counter claim satisfied.

Russia-Ukraine Honeymoon Over As Gas Dispute Deepens

Sep 6, http://www.rferl.org/content/ukraine_prepare_arbitration_russia_gas_dispute/24319377.html

It all started with great fanfare last year in the Ukrainian city of Kharkiv, where Ukraine's newly elected President Viktor Yanukovych and his cheerful-looking Russian counterpart, Dmitry Medvedev, signed a sweeping agreement extending Russia's lease of a former Soviet naval base at the Black Sea port of Sevastopol.

Russia: Aukett settles out of court with engineer over Russian tower

Aug 9, http://www.bdonline.co.uk/news/aukett-settles-out-of-court-over-russian-tower/5022864.article

Aukett Fitzroy Robinson has reached an out-of-court settlement with engineering consultant IDA in their legal row over unpaid fees.

IDA took the architecture practice to an arbitration court in Moscow in March claiming it had not been paid for more than two years.

Russia: BP - Update on Russia office raid

Sep 2, http://www.bp.com/genericarticle.do?categoryId=2012968&contentId=7070801

BP EOC will initiate cancellation of enforcement proceedings under the unjustified claim by Andrei Prokhorov

On Thursday night the bailiff of the Federal Bailiff Service (FSSP) for Moscow passed a resolution to postpone the execution of enforcement procedures against BP Exploration Operating Company Limited (BP EOC) until 10 September 2011. The postponement was introduced in response to a petition filed by BP EOC regarding the necessity to get clarification from the Arbitration Court of Tyumen Region. The required clarifications concern the judicial act which was the basis for the executive actions.

BP EOC believes that the Court Decision which allowed the inspection and copying of documents in the Moscow office of the company contradicts the applicable Russian legislation, contains outrageous requirements and was made in support of an unfounded lawsuit. BP EOC is not a defendant in the legal claim by TNK-BP Holding minority shareholders and is neither a direct nor an indirect shareholder of TNK-BP Holding. The keywords "oil" and "gas", on which the search in documents was authorized to be carried out, allows the seizure of virtually all corporate documentation of BP EOC, including confidential documents.

In addition, the Arbitration Court of Tyumen ordered the bailiffs to allow the representatives of Andrei Prokhorov, a minority shareholder of TNK-BP, to participate in the examination and confiscation of documents and then to turn them over to such representatives instead of the court. BP EOC believes that this process has been a misuse of the Russian Arbitration Procedure Code.

The decision taken by the bailiffs will allow BP EOC time to appeal against the decision of the Arbitration Court of Tyumen region under normal conditions and to require the complete cancellation of any enforcement proceedings under the unfounded lawsuit by Andrei Prokhorov.

At present, all examined documents of BP EOC remain in office in a sealed cabinet. The company expects to resume normal operation of the office on Monday, 5 September.

Russia: BP appeals 'misconceived' Russian ruling

Sep 7, http://www.upstreamonline.com/live/article276973.ece

The British supermajor has asked for the ruling of a Tyumen arbitration court to be quashed as it hits back at a raid by Russian bailiffs at its Moscow offices last week.

Russia: BP seeks arbitration in dispute with Renova - report

Aug 9, http://af.reuters.com/article/commoditiesNews/idAFLDE77801G20110809

Reuters - British oil company BP has launched a legal case in a Stockholm court of arbitration against one of the shareholders in its Anglo-Russian TNK-BP joint venture, Kommersant newspaper reported citing sources close to all the parties.

Russia: BP seeks new arbitration as oligarch tensions continue

Aug 10, http://www.telegraph.co.uk/finance/newsbysector/energy/oilandgas/8691929/BP-seeks-new-arbitration-as-oligarch-tensions-continue.html

BP has accused one of the oligarchs behind its Russian joint venture TNK-BP of breaching their shareholder agreement in the latest twist of tensions between the partners.

Russia: BP's Russia problems mount with $3 bln claim

Aug 20, http://www.google.com/hostednews/afp/article/ALeqM5gI-AdFB3_75Nc_5cgL3Qg0_pMc9w?docId=CNG.3d2307e4375fe7fc89b5b38d0b8bf535.8a1

AFP - BP's problems in the high-stakes Russian oil market mounted Friday with news that a Siberian court had set a hearing into a $3 billion claim by a local shareholder against the British energy giant.

Russia: BP's Russian Offices Raided for Second Day

Sep 2, http://www.nytimes.com/2011/09/02/business/global/bps-russian-offices-raided-for-second-day.html?_r=1

Russian officials disrupted operations at BP's Moscow office, occupying the premises for a second day, adding to the oil producer's woes in the country.

Russia: Court Postpones Rosneft Appeal To Block BP Office Search

Sep 9, http://www.foxbusiness.com/markets/2011/09/09/court-postpones-rosneft-appeal-to-block-bp-office-search/

Rosneft said Thursday it had asked the arbitration court of Tyumen to block further searches of BP's office in Moscow in a move to "protect its interests," as the documents being sought could contain confidential information.

Russia: E.ON Offered Gazprom Stakes In European Power Plants - source

Aug 4, http://www.foxbusiness.com/markets/2011/08/04/eon-offered-gazprom-stakes-in-european-power-plants-source/

Dow Jones - E.ON offered Gazprom stakes in German and European power stations as part of a possible solution to a gas-price dispute between the two companies, a person familiar with the matter said Thursday.

Russia: Moscow Court upholds BNP $20 mln suit against Russia trader

Aug 12, http://af.reuters.com/article/commoditiesNews/idAFLDE77B0GJ20110812

Reuters - The Moscow Arbitration Court said on Friday it had ruled that a former major Russian grain trader must pay over $20 million to its creditor BNP Paribas The court decided on Thursday that Rosinteragroservice (RIAS) and its unit Kubankhleboprodukt should repay the bank a loan of $19.99 million with a penalty of around $80,000. The ruling was posted on the court's website www.msk.arbitr.ru. RIAS could not be reached for comment.

Russia: Nemiroff vodka could disappear from Russian shelves

Aug 25, http://themoscownews.com/business/20110825/188956178.html

Chairman of the board and company founder Alexander Glus intends to file a lawsuit in London Arbitration court against what he called a raid. The other shareholders have 74.96 per cent of the shares, less than the 75 needed to gain total control of the company.

Russia: Ninth Arbitration court upheld the decision of the bankruptcy of JSC RusSpetsStal

Aug 7, http://www.steelguru.com/russian_news/Ninth_Arbitration_court_upheld_the_decision_of_the_bankruptcy_of_JSC_RusSpetsStal/218773.html

It is reported that Ninth Arbitration Court of Appeal upheld the decision of the insolvency / bankruptcy / ZAO RusSpetsStal entering into a state corporation Russian Technologies.

Russia: TNK-BP internal fraud probe leads to 37 criminal cases

Sep 8, http://www.telegraph.co.uk/finance/newsbysector/energy/oilandgas/8751128/TNK-BP-internal-fraud-probe-leads-to-37-criminal-cases.html

Explosive revelations over the extent of alleged fraud and corruption at BP's Russian joint-venture have emerged just days before David Cameron makes a high-profile visit to Moscow.

Russia: TNK-BP Minorities Claim RUB87 Billion In Damages From BP

Aug 10, http://www.foxbusiness.com/markets/2011/08/10/tnk-bp-minorities-claim-rub87-billion-in-damages-from-bp/

- TNK-BP minority shareholders put damages for unrealized Rosneft deal at RUB87 billion;

- BP not immediately able to comment; - Hearings in Russian court to take place Sept. 21 and Oct. 12.

Russia: TNK-BP Minority Investor Calls for Shareholders to Join BP Suit

Sep 9, http://www.bloomberg.com/news/2011-09-09/tnk-bp-minority-investor-calls-for-shareholders-to-join-bp-suit.html

Bloomberg - OAO TNK-BP Holding minority shareholder Andrei Prokhorov called for investors to join a class action suit against BP directors on the Moscow-traded oil producer's board, according to an advertisement in the Kommersant newspaper today.

* Russian Ambassador Zurabov Attributes Escalation Of Gas Dispute To Approaching Elections In Ukraine And Russia

Sep 10, http://un.ua/eng/article/349287.html Russian Ambassador Mikhail Zurabov has attributed the escalation of the dispute between Ukraine and Russia to the approaching elections in both countries.

Russian bailiffs raid BP Moscow office

Aug 31, http://www.bangkokpost.com/news/world/254385/russian-bailiffs-search-bp-moscow-office

Russian bailiffs on Wednesday conducted a search at the offices of British energy giant BP in Moscow, in an operation apparently linked to its failed deal with Rosneft, the company said.

Slovenia-Croatia: Sekolec Only Candidate for Slovenian Border Arbiter

Aug 18, http://www.sta.si/en/vest.php?s=a&id=1666379

STA - Jernej Sekolec, a member of the Permanent Court of Arbitration in the Hague and a vice president of the London Court of International Arbitration, is the only candidate for Slovenian arbiter on the international tribunal that will decide on the Slovenian-Croatia border, Justice Minister Ales Zalar said Thursday.

South Africa: 'Reckless' nationalisation debate harming SA - Gigaba

Aug 1, http://www.eyewitnessnews.co.za/Story.aspx?Id=71191

Government is aware that the "reckless debate" over mine nationalisation is harming the country and the economy, Public Enterprises Minister Malusi Gigaba said on Monday.

Speaking at the American Chamber of Commerce on Monday morning, he said there would not be unguided land expropriation without compensation. He said expropriation could not take place in an unconstitutional manner.

South Africa: Constitutional Court rules on expropriation

Aug 25, http://www.ecr.co.za/kagiso/content/en/east-coast-radio/east-coast-radio-news?oid=1342574&sn=Detail&pid=490476&ConCourt-rules-on-expropriation

The Constitutional Court has ruled that government may expropriate land before it reaches an agreement around compensation.

South Africa: Cosatu against expropriation without compensation

Aug 25, http://www.citizen.co.za/citizen/content/en/citizen/local-news?oid=220348&sn=Detail&pid=146826&Cosatu-against-expropriation-without-compensation

Cosatu supports the need to change the Constitution to bolster land redistribution, but does not support expropriation without compensation, it said on Thursday.

South Africa: Green paper pledges farm redistribution

Sep 1, http://www.morningstaronline.co.uk/news/content/view/full/108970

South Africa's government released an updated land reform policy on Wednesday which aims to reinvigorate stalled efforts to transfer farms to black citizens. Land Reform Minister Gugile Nkwinti of the African National Congress (ANC) rejected ANC youth league president Julius Malema's call for "expropriation without compensation."

Green paper on Land Reform, 2011

http://www.ruraldevelopment.gov.za/DLA-Internet/content/document_library/home_page/GREEN_PAPER_LAND%20REFORM%20August%202011.pdf

South Africa: The ArcelorMittal SAfrica, Kumba mine rights dispute

Aug 15, http://af.reuters.com/article/metalsNews/idAFL6E7JC1PC20110814

A South African court will this week hear a case over disputed mineral rights that is at the bottom of a spat worth billions of rand and which could shed light on allegations of perceived fraud and corruption in government ranks.

South-Africa: AMSA arguing for "expropriation" - Kumba

Aug 17, http://www.moneyweb.co.za/mw/view/mw/en/page292523?oid=549975&sn=2009+Detail

Had Sishen Iron Ore Company (SIOC) converted ArcelorMittal South Africa's old order rights it would've amounted to expropriation, hence the need for each party to have converted its own share, argued Chris Loxton, SIOC's senior counsel, on the second day of what some have argued is the mining battle of the century.

Sri Lanka: International arbitrator voids Sri Lanka's hedging deal with Citi Bank

Aug 1, http://srilog.com/international-arbitrator-voids-sri-lankas-hedging-deal-with-citi-bank_1537.html

A Singapore-based international arbitrator has dismissed a Citi Bank claim against Sri Lanka's state-owned Ceylon Petroleum Corporation (CPC) on the payment of soured hedging deal, Reuters report said citing anonymous sources. The bank has demanded the CPC to pay US$ 192 million plus interest in payments it said it was owed. "The decision has said that the entirety of the transaction is not right and Citibank's claim has been dismissed," ...

Switzerland commits $3.2m to help Egypt do business

http://english.ahram.org.eg/NewsContent/3/12/19395/Business/Economy/Switzerland-commits-m-to-help-Egypt-do-business-.aspx

Dispute resolution is another bottleneck that the programme tackles. "Average complaint resolution turnaround time in Egypt reached 1000 days according to doing business report," Haggerty told Ahram Online. IFC works together with the Cairo Regional Centre for International Commercial Arbitration (CRCICA) to train mediators in order to improve arbitration services and promote arbitration and other alternative dispute resolution (ADR) techniques. "We are trying to instill a new culture of mediation in Egypt's business environment" adds Stefano Toscano, deputy head of mission at the Swiss embassy in Egypt. SECO has already funded an IFC-run ADR program in Egypt as well as other programs to simplify business start-ups.

Approval of bilateral investment treaty with Syria

Aug 8, http://www.iloubnan.info/business/actualite/id/65073/titre/Approval-of-bilateral-investment-treaty-with-Syria

The Lebanese Parliament ratified an agreement between Lebanon and Syria that aims to promote private investments between the two signatory nations in each other's territory, as reported by Lebanon This Week, the economic publication of the Byblos Bank Group.

Taiwan, Japan to sign investment pact in September: Sankei Shimbun

Aug 14, http://focustaiwan.tw/ShowNews/WebNews_Detail.aspx?Type=aALL&ID=201108140003

One of features of the Taiwan-Japan pact will be provisions governing compensation for investors in the event of expropriation and other investment protection measures. It will also include all the other key elements of a regular investment agreement, such as "most favored nations" treatment, national treatment and prohibition of export performance requirement, according to the Sankei Shimbun.

Taiwan-China: Cross-strait investment protection pact stuck on two issues

Aug 7, http://focustaiwan.tw/ShowNews/WebNews_Detail.aspx?Type=aECO&ID=201108070021

Negotiations between Taiwan and China over an investment protection agreement remain knotted over the arbitration mechanism and how to protect Taiwanese investors' personal safety, officials said Sunday

Taiwan-China: Investment protection pact may not be signed in August meeting

Aug 10, http://focustaiwan.tw/ShowNews/WebNews_Detail.aspx?Type=aIPL&ID=201108100060

CNA - A much-expected investment protection agreement may not be signed when top negotiators of Taiwan and China meet in Tianjin later this month, officials said Wednesday.

Taiwan-US: Sign an investment treaty with the US, economist says

Aug 7, http://www.taipeitimes.com/News/taiwan/archives/2011/08/07/2003510146

Economist Derek Scissors is urging Taiwan to diversify its international investment portfolio and seek a bilateral investment treaty with the US. Scissors, a research fellow with the Asian Studies Center at the Washington-based Heritage Foundation, says that the US and Taiwan have an extraordinarily intense trading relationship.

Taiwan: Officials propose amendments to expropriation act

Aug 26, http://www.taipeitimes.com/News/taiwan/archives/2011/08/26/2003511699

The Cabinet yesterday proposed revised rules on farmland expropriation with a view to preventing indiscriminate development of arable land by turning it into non-agricultural use and ensuring the rights of displaced farmers.

Tanzania: Antrim Energy provides update on Pemba-Zanzibar PSA

Aug 12, http://www.digitaljournal.com/pr/390056

In December 2010, two agreements were signed in Tanzania which are expected to lead to the resumption of exploration activities on the production sharing agreement for the Pemba-Zanzibar exploration licence offshore and onshore Tanzania (the "P-Z PSA"). Antrim holds an option for a 20% carried interest in the P-Z PSA through the pre-drilling phase and an additional 10% option to be exercised up to 180 days following receipt of the initial drilling results. The carried interests would be repaid from future production. The P-Z PSA has been in a state of effective force majeure for several years due to a dispute between the federal government of Tanzania and the provincial government of Zanzibar regarding revenue sharing, and access to the licence area for petroleum exploration activities has been blocked. RAK Gas, the operator, is currently drafting a revised work program for the P-Z PSA for submission to the government of Tanzania.

Tanzania: Dowans saga - Tanesco coughs up Sh8 billion

Aug 29, http://thecitizen.co.tz/component/content/article/37-tanzania-top-news-story/14271-dowans-saga-tanesco-coughs-up-sh8-billion.html

The Tanzania Electric Supply Company (Tanesco) has parted with $5 million (Sh8 billion) as security for the postponement of the ruling requiring it to pay billions of shillings in penalty to Dowans, The Citizen has learnt. The amount was issued by Tanesco recently in compliance with the London-based High Court of Justice, Queen's Bench Division, Commercial Court's ruling that directed the national power generation and supply company to make the security payment so that the contested penalty payment to Dowans is put on hold.

Tanzania: Ruling on LHRC`s petition over Dowans 94bn/- award underway

Aug 13, http://www.ippmedia.com/frontend/index.php?l=32201

The High Court in Dar es Salaam has said it will issue a notice to both parties on the ruling's date on whether the Legal and Human Rights Centre's (LHRC) petition against the Dowans SA 94bn/- award should be upheld or not.

Tanzania: Tanesco seeks Sh8bn to delay Dowans pay

Aug 18, http://thecitizen.co.tz/component/content/article/37-tanzania-top-news-story/13873-tanesco-seeks-sh8bn-to-delay-dowans-pay.html

Dar es Salaam. Tanzania Electric Supply Company (Tanesco) has been directed to deposit $5 million (about Sh8 billion at yesterday's exchange rate) as security for the enforcement of the order requiring it to pay a $65 million (Sh104 billion) penalty to be deferred.

A London court made the ruling late last month after Tanesco asked that the order be put on hold to await the conclusion of a number of suits that were pending in Tanzania. Several people and organisations have challenged in court the International Commercial Court's award to Dowans for breach of contract.

Thailand Seeks Quick Settlement Of Walter Bau Dispute

Aug 3, http://www.rttnews.com/Content/PoliticalNews.aspx?Id=1682037

RTTNews - Thailand's government has said that it will not utilize the Crown Prince's assets to secure the release of his Boeing-737 aircraft impounded in Germany to settle a contractual dispute with the German construction firm Walter Bau.

Thailand: 'Germany should bring jet case to Thailand' - Attorney-General

Jul 30, http://ph.news.yahoo.com/germany-bring-jet-case-thailand-074006674.html

The Nation/ANN - The Office of the Attorney-General (OAG) in Thailand Friday (July 29) challenged the German construction firm Walter Bau to bring the investment conflict case over Don Muang Tollway to a Thai court to enforce the compensation awarded by an international arbitration tribunal. "If they really want compensation, they should bring the case to a Thai court. There is so much Thai government property here," said Attorney-General Julasing Wasantasing. "The arbitration tribunal awarded the company two years ago, why haven't they brought the case to a Thai court for enforcement? Why ask the German court to enforce the case and seize the royal plane?" he asked.

Thailand: 'New info' in jet seizure case

July 29, http://www.nationmultimedia.com/2011/07/29/national/New-info-in-jet-seizure-case-30161425.html

Prime Minister Abhisit Vejjajiva is preparing to turn the tables on Germany in the investment conflict and the jet-seizure case - saying Thailand has information that could make Berlin change its tone.

Thailand: German government releases royal jet after Thailand posts bond

Aug 10, http://www.mcot.net/cfcustom/cache_page/250562.html

The royal plane impounded in Germany was released after the Thai government posted a 38 million euro bond in a long-standing dispute with German company Walter Bau AG, former prime minister Abhisit Vejjajiva said on Tuesday.

Thailand: Prince to pay for his jet's release

Aug 2, http://www.bangkokpost.com/news/local/249844/prince-to-pay-for-his-jet-release

His Royal Highness Crown Prince Maha Vajiralongkorn has promised to pay from his own pocket to secure the release of his private jet impounded in Germany as a result of a commercial dispute between the Thai government and German contractor Walter Bau AG.

Turkey-Cyprus: Tensions Mounting in Cyprus Over Oil, Gas Exploration Plans

Aug 20, http://www.voanews.com/english/news/Tensions-Mounting-in-Cyprus-Over-Oil-Gas-Exploration-Plans-128121273.html

Tensions are mounting between the Cyprus and Turkey over the island nation's plans to begin oil and gas exploration in the eastern Mediterranean Sea. Drilling is scheduled to start in just six weeks.

Turkey: Libananco case ends in favor of Turkey

Sep 3, http://www.worldbulletin.net/?aType=haber&ArticleID=78369

The International Center for Settlement of Investment Disputes has concluded the Libananco case between the Republic of Turkey and the Uzan Family.

Uganda Court Suspends Heritage Tax Arbitration Proceedings

Sep 1, http://www.londonstockexchange.com/exchange/news/dow-jones/news-detail.html?newsId=20110901DN005686

Dow Jones - Uganda's Tax Appeals Tribunal has suspended a hearing of the tax dispute between the government and London-listed Heritage Oil PLC (HOIL.LN) in Kampala to allow the parties to proceed with the ongoing arbitration in London, Ugandan officials said Thursday.

UK: Raytheon Sues U.K. Over E-Border Deal Termination

Aug 25, http://www.defensenews.com/story.php?i=7482523&c=EUR&s=TOP

Raytheon is suing the British government for more than 500 million pounds ($823 million) over the termination of an e-Borders contract, a letter from the company to a parliamentary committee has revealed. ... The dispute between the company and the U.K. Border Agency is being considered by the London Court of International Arbitration. A ruling, which will be binding, is likely to be more than 18 months away, legal experts said

UK: Rolls Building court complex can make London 'global legal centre'

Aug 19, http://www.guardian.co.uk/law/2011/aug/19/rolls-building-court-complex-london

A £300m state-of-the-art law court complex will open in the next few weeks as the government tries to make the UK the world's pre-eminent destination for swiftly resolving international high-value legal disputes - and making a lot of money in the process.

Ukraine - Yanukovych Regards Appeal To International Court For Revising Gas Contracts With Russia As Extreme Decision

Sep 3, http://un.ua/eng/article/347982.html

President Viktor Yanukovych thinks to appeal to international courts for revising the gas contracts with Russia is an extreme decision, the presidential press-service said in the statement.

Ukraine - Yanukovych: Litigation over gas contract 'last resort'

Sep 3, http://www.kyivpost.com/news/nation/detail/112158/

Ukraine will continue dialogue with Russia on revising the gas supply contracts even despite the fact that Russia is insisting that it could agree to reduce the gas price only if Naftogaz Ukrainy merges with Gazprom, Ukrainian President Viktor Yanukovych said.

Ukraine could sever gas contracts with Russia without appealing to Stockholm arbitration

Sep 7, http://www.kyivpost.com/news/politics/detail/112323/

During an interview with Channel 5 aired on the evening of September 6, BYT-Batkivschyna faction MP Serhiy Vlasenko stated that Ukraine could sever its gas supplies contracts with Russia, signed by Ukraine's ex-Premier Yulia Tymoshenko in 2009, without having to address international courts.

Ukraine rejects Belarusian model of gas cooperation with Russia

Aug 16, http://en.rian.ru/business/20110816/165828156.html

Ukraine's prime minister said on Tuesday that a deal like the one Belarus has struck with the Russian state-run gas giant Gazprom would be unacceptable for Kiev.

Ukraine threatens to sue Russia over gas deal

Aug 31, http://www.channelnewsasia.com/stories/afp_world/view/1150311/1/.html

Ukraine will take Russia to the Stockholm court of arbitration if the two sides fail to resolve their latest energy dispute by mid-October, a top Ukrainian official warned on Wednesday.

Ukraine: Appeal to Stockholm arbitration aimed at achieving amicable deal with Russia on gas issues

Sep 7, http://www.kyivpost.com/news/business/bus_general/detail/112362/

The possible application by Ukraine to the Arbitration Institute of the Stockholm Chamber of Commerce is aimed at achieving a compromise rather than at revoking gas agreements with Russia for 2009, according to Volodymyr Fesenko, the head of the Penta Center of Applied Political Studies.

Ukraine: Azarov Ruling Out Ukraine Failure To Meet Gas Contracts With Russia Before Their Revision

Sep 5, http://un.ua/eng/article/348017.html

Prime Minister Mykola Azarov rules out failure of Ukraine to fulfill gas contracts with Russia before they will be revised, he told the Inter TV channel.

Ukraine: Experts Consider Possible To Alter Russian Gas Price Formula In Court

Aug 17, http://un.ua/eng/article/345360.html

Experts think Ukraine has all reasons to apply to the Arbitration Institute of the Stockholm Chamber of Commerce for altering the current price formula for natural gas fixed in the contract between the Russian Gazprom and the Naftohaz Ukrainy national joint stock company.

Ukraine: Experts Urge Ukraine To Take Rigid Stance In Gas Talks With Russia

Aug 29, http://un.ua/eng/article/346982.html

Experts consider Ukraine's stance in the negotiations on revising natural gas supply and transit contracts with Russia to be more rigid. They have said this addressing the press-conference in the Ukrainian News press center.

Ukraine: Former Naftogaz official says he believed Cabinet approved directives

Sep 2, http://www.kyivpost.com/news/politics/detail/112117/

Former First Deputy Head of Naftogaz Ukrainy Ihor Didenko has told the court that he signed agreements on the customs clearance of natural gas owned by RosUkrEnergo in 2009 because he was absolutely sure that he had received the directives to sign them from the Cabinet of Ministers, rather than from Yulia Tymoshenko, who headed the government at that time.

Ukraine: Hearing of case against Shepitko, Makarenko rescheduled for August 26 2011

Aug 5, http://www.interfax.com.ua/eng/main/75755/

Pechersky District Court of Kyiv has put off hearing the case against former Head of the State Customs Service Anatoliy Makarenko and former Deputy Chief of the Energy Regional Customs Service Taras Shepitko until 0900 on August 26.

Ukraine: Prosecutors change Didenko's charges for milder ones - Lawyer

Aug 30, http://www.kyivpost.com/news/nation/detail/111906/

The prosecutors in the trial of former first deputy chairman of Naftogaz Ukrainy Ihor Didenko came to a conclusion that the charges against the defendant should be changed for milder ones, Didenko's defense counsel Ihor Stepanov has said.

Ukraine: Tymoshenko insists on combining her case with 2009 gas customs clearance case

Aug 10, http://www.kyivpost.com/news/politics/detail/110623/

Batkivschyna party leader and former Ukrainian Prime Minister Yulia Tymoshenko is continuing to insist on combining a criminal case against her, which deals with the 2009 Ukrainian-Russian gas supply agreements, with the case against former chief of Energy Regional Customs Taras Shepitko and former head of the Ukrainian Customs Service Anatoliy Makarenko and the case against former Naftogaz First Deputy CEO Ihor Didenko.

Ukrainian president calls for out of court gas price settlement

Aug 11, http://en.rian.ru/world/20110811/165707630.html

Ukraine and Russia should seek a compromise in their dispute over gas prices without taking the matter to court, Ukrainian President Viktor Yanukovych said on Thursday before a meeting with Russian President Dmitry Medvedev.

US firm Azurix Corp eyes trade case to force Argentina payment

Aug 8, http://www.reuters.com/article/2011/08/08/usa-argentina-dispute-idUSN1E7770XN20110808

Firm [Azurix Corp] wants Argentina to pay $165 million, plus interest; Will ask U.S. to oppose Argentine debt restructuring; Also wants U.S. to block World Bank loans to Argentina.

Stephen Kho, a lawyer with the Akin Gump law firm, said it would be the first time a U.S. company has used the "Section 301" trade law to pressure a foreign government to pay an award decided by an arbitrator in an investment dispute.

US-Canada: B.C. lumber industry faces big fines, but fundamentals intact

Aug 9, http://business.financialpost.com/2011/08/09/b-c-lumber-industry-could-be-fined-up-to-500m-but-sector-fundamentals-intact/

"We believe B.C. lumber producers will likely be fined and we think the penalties will be excessive. The fine will depend on how the stumpage calculation is determined, but will likely be in the neighbourhood of $300-million to $500-million for all producers," said analyst Richard Kelertas in a research note Tuesday.

US-Canada: U.S. expected to demand billions in softwood lumber dispute

Aug 8, http://www.theglobeandmail.com/news/national/british-columbia/us-expected-to-demand-billions-in-softwood-lumber-dispute/article2122915/

The United States is expected to seek billions of dollars in penalties Tuesday when it files its case backing up the claim that British Columbia is subsidizing wood damaged by the mountain pine beetle.

US-Canada: US seeks $499 million export tax against B.C. lumber companies

Aug 19, http://www.vancouversun.com/seeks+million+export+against+lumber+companies/5280385/story.html

The United States is seeking a $499 million penalty against Interior British Columbia lumber companies in a complaint filed under the Softwood Lumber Agreement.

US: AIG sues BofA for $10 bn alleging 'massive fraud'

Aug 8, http://www.moneycontrol.com/news/world-news/aig-sues-bofa-for-3610-bn-alleging-massive-fraud_574310.html

Reuters - The insurer AIG is suing Bank of America Corp to recover more than USD 10 billion of losses from a "massive fraud" on mortgage debt, deepening the morass of litigation faced by the largest US bank.

US: ERF Wireless Requests Formal Arbitration Decision in Multi-Million Dollar Contractual Dispute With Schlumberger Technology Corp. Regarding U.S. Contract

Aug 3, http://investor.erfwireless.com/releasedetail.cfm?ReleaseID=596363

... The arbitration now commenced involves one of these contracts with the GCS Division of Schlumberger for all of the U.S. including the Gulf of Mexico. A second and similar contract for all of Canada with their Canadian Division may be the subject of a separate proceeding. ...

US: KMD construction wins arbitration

Aug 17, http://www.salisburypost.com/News/081711-WEB-kmd-wins-arbitration-qcd

A local construction firm has been awarded nearly $1 million in its wrongful termination claim against Haywood County. A board appointed by the American Arbitration Association sided with KMD Construction of Salisbury in its claim that Haywood officials were wrong in firing the company in 2008 from a project to renovate the county's historic courthouse.

US: Norit to Receive $40.5 Million Settlement from ADA

Aug 31, http://www.norit-americas.com/news/settlement-from-ada

$33 Million to Be Paid Immediately, Followed By an Additional $7.5 Million Paid Over Three Years

Marshall, Texas, August 31, 2011 - Norit Americas Inc. ("Norit") announced today that it has accepted a settlement offer from ADA-ES, Inc. (NASDAQ: ADES) in reference to a three-person independent arbitration panel's decision, which found ADA and two former Norit employees John Rectenwald and Steve Young, liable for theft of trade secrets and breach of contract.

Under the terms of the settlement, ADA-ES will pay Norit $33,000,000 immediately, followed by an additional $7,500,000 over three years. The Arbitration Panel will also enter a Stipulated Final Award governing the administration of the running royalty previously ordered by the Panel over an eight year period. The Stipulated Final Award confirms that ADA-ES and other defendants shall pay Norit a royalty of 10.5% for three years and 7.0% for a further five years on all activated carbon sales at any existing or future facility that uses the Norit trade secrets in any material respect. Royalties earned to date will be paid immediately upon dismissal of the outstanding actions. The settlement agreement and related arbitration awards close all remaining claims and outstanding litigation. This settlement agreement compensates Norit for this theft, and requires ADA and the other defendants to maintain the confidentiality of Norit's trade secrets.

"Establishing the validity of our trade secrets, and enforcing our ownership of this information has been an important issue for Norit. These trade secrets are the result of nearly 100 years of investment, R&D efforts, manufacturing experience and hard work, and we are pleased that the panel found ADA, Rectenwald, and Young liable for theft of our trade secrets. We will continue to enforce our rights to these secrets against anyone else who would try to steal them from us," said Ron Thompson, chief executive officer of Norit.

"With this issue successfully behind us, we can continue to focus our efforts on growing our business around the world. We remain committed to maintaining our position as world's largest producer of activated carbon through ongoing innovation and using our proprietary knowhow to create superior products which are tailored to meet our customers' specific needs." said Mr. Thompson.

US: Shaw Receives $32.5 Million Arbitration Award

Aug 8, http://ir.shawgrp.com/phoenix.zhtml?c=61066&p=irol-newsArticle&ID=1594124&highlight=

The Shaw Group Inc. today announced it received an arbitration award of approximately $32.5 million for a contract previously executed by its Power segment for the engineering, procurement and construction of a 600-megawatt steam turbine electrical generation plant in the U.S.

Shaw will recognize an immaterial gain in the company's earnings in the fourth quarter of fiscal year 2011 and expects to collect cash in the amount of the award.

This arbitration settles force majeure, schedule-related liquidated damages and other claims. Final acceptance performance testing for closing out the contract still must be completed. The receipts result from the return of liquidated damages previously collected or withheld by the customer, payment for force majeure costs and other damages and increased costs, as well as the return of a letter of credit drawn by the customer.

US: Sucampo Reports on progress ICC arbitration with Takeda

Aug 4, http://baltimore.citybizlist.com/1/2011/8/4/SEC-Filing-Sucampo-Reports-Financial-Results.aspx

We continued to make progress in resolving the arbitration with Takeda at the International Court of Arbitration, International Chamber of Commerce. The arbitration was initiated under the application provisions of the Collaboration and License Agreement between Sucampo and Takeda, dated October 29, 2004, which specified that New York law will govern the procedural and substantive aspects of the arbitration. The arbitrators have set the hearing on Sucampo's claims to conclude by December, 2011, but it is not known if the arbitration will remain on schedule or how long thereafter the arbitration proceedings will conclude.

Uzbekistan jails former metallurgist at British mining company for spying

Aug 11, http://www.telegraph.co.uk/news/worldnews/asia/uzbekistan/8695231/Uzbekistan-jails-former-metallurgist-at-British-mining-company-for-spying.html

A lawyer acting for Oxus Gold, the London-based mining company, described Said Ashurov's conviction as a fabrication and said that the Uzbek government was using him as a pawn in their battle to take control of a lucrative gold field in the Central Asian country.

Uzbekistan: Oxus Gold PLC announces commencement of Arbitration Proceedings

Aug 31, http://uk.finance.yahoo.com/news/Oxus-Gold-PLC-Commencement-afxcnf-3690391397.html?x=0

Oxus Gold plc (Company) refers to its announced intent to commence international arbitration proceedings if settlement cannot be reached with the Government of the Republic of Uzbekistan (Uzbek Government) over the shareholder interest of the Company's subsidiary, Oxus Resources Corporation (ORC), in Amantaytau Goldfields A.O. (AGF), the joint-venture vehicle for the Company's mining investment in Uzbekistan. The Company further refers to its recent declaration of force majeure in respect of its management and services agreement for AGF and under the charter of AGF.

International Arbitration

The Company hereby announces that negotiations with the Uzbek Government have failed, and that the Company has commenced international arbitration proceedings against the Uzbek Government under the Agreement for the Promotion and Protection of Investments dated 24 November (Berlin: NBXB.BE - news) 1993 between the United Kingdom and the Republic of Uzbekistan (Agreement).

Under the Agreement, the Company and the Uzbek Government are required to pursue good faith negotiations, for a period of three months, to attempt to resolve the Company's dispute amicably. While the Company has actively sought to engage in discussions and has requested meetings with the Uzbek Government on various occasions - including a formal invitation to the President of Uzbekistan - the Uzbek Government has not made itself available to discuss the issues with the Company to date. Regrettably, therefore, the Company is compelled to resort to arbitration for a resolution.

Among other things, the arbitration asserts that the Uzbek Government treated the Company and its subsidiaries, Oxus Resources Corporation Limited and Marakand Minerals Limited (collectively the Group), unfairly and inequitably, discriminated against the Group, and failed to provide the Group with full protection and security, all in violation of the Uzbek Government's obligations toward foreign investors under the Agreement. The arbitration requests that damages be awarded in favour of the Company in an amount to be proven and quantified in the proceedings and currently estimated as no less than US$400 million.

The Company further informs that on 21 July 2011 it was served with a claim commenced by the Ministry of Finance of Uzbekistan in the English High Courts to enforce an Uzbek judgment the Ministry of Finance obtained against the Company for the payment of a US$10 million special dividend by the Company. The Company had specifically identified the payment of such special dividend by the Company as one of the several basis upon which it would challenge the Uzbek Government in the arbitration under the Agreement. The Company considers the decision by the Ministry of Finance to commence these legal proceedings in the United Kingdom as an abuse of process which is motivated by a desire to derail the imminent arbitration under the Agreement. The Company is working together with its legal counsel to contest this claim.

Force Majeure Update

The Company recently advised its shareholders that ORC was no longer able to comply with its management obligations towards AGF as a consequence of an onerous and arbitrary audit instituted against AGF by the Uzbek Government.

Since the declaration of force majeure on 18 March 2011, ORC has continuously updated AGF's Uzbek shareholders regarding the force majeure circumstances by delivering notices that: (i) reiterate ORC's desire to negotiate regarding the future of AGF; and (ii) advise them of their duty to mitigate the force majeure circumstances affecting AGF. There have been no meaningful discussions between the Company and AGF's Uzbek shareholders regarding the future of AGF.

The Uzbek Government continues to exclude Company and ORC from AGF's operations, while denying the Company and ORC access to AGF data.

The Company is continuing its efforts, with assistance from international legal counsel, to protect the interests of the Company's shareholders. The Company is pursuing all available remedies to seek appropriate redress and compensation for its losses. The Company will continue to advise its shareholders of any further material developments concerning AGF as and when they occur.

Valeri Belokon begins international arbitration proceedings against Kyrgyzstan

Aug 4, http://www.leta.lv/eng/press_rel.php?id=07B14B64-3D40-4F65-B463-CBC462BF220Fl

"Clifford Chance" attorneys for Mr. Belokon have submitted the request for arbitration to Kyrgyz authorities. Under the UNICITRAL rules, pursuant to which the case will be reviewed, submission of the request for arbitration to Kyrgyz authorities is considered to have commenced the arbitral proceedings.

In April 2010, Kyrgyz government was violently overthrown. Mr. Belokon was dispossessed of "Manas Bank", his credit institution in Kyrgyzstan, by members of the new Kyrgyz political power. To justify the unlawful expropriation of property, Kyrgyz authorities launched a number of fabricated cases against "Manas Bank" and the bank's officials.

...

World Bank Tribunal Dismisses Brandes Case Against Venezuela

Aug 3, http://www.bloomberg.com/news/2011-08-03/world-bank-tribunal-dismisses-brandes-case-against-venezuela.html

A panel at the World Bank's International Centre for Settlement of Investment Disputes agreed with Venezuela that it lacked jurisdiction to resolve the dispute, putting an end to a case filed in 2008, according to the statement.

"The decision once again shows that the country's defense in international proceedings is always grounded in solid legal fundamentals," PDVSA said.

...

Decision on the Respondent's Objection under Rule 41(5) of the ICSID Arbitration Rules (February 02, 2009) are available in English and Spanish on the ICSID Website http://bit.ly/ICSID

...

Statement, in Spanish:
http://www.pdvsa.com/index.php?tpl=interface.sp/design/salaprensa/readnew.tpl.html&newsid_obj_id=9389&newsid_temas=1

Caracas - La República Bolivariana de Venezuela anuncia, por intermedio de los Ministerios del Poder Popular para la Ciencia y la Tecnología y del Poder Popular para la Energía y Petróleo, que el tribunal arbitral del Banco Mundial, el Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (Ciadi), rechazó la reclamación de Brandes Partners LP por falta de jurisdicción.

Brandes, compañía estadounidense de asesoría en materia de inversiones, había impugnado las medidas tomadas por la República Bolivariana de Venezuela en relación con la nacionalización de la Compañía Anónima Teléfonos de Venezuela (CANTV) en 2007, argumentando que el Ciadi tenía jurisdicción con fundamento en el artículo 22 de la Ley de Promoción y Protección de Inversiones.

El tribunal estuvo de acuerdo con la posición de la República Bolivariana de Venezuela en cuanto a que el Artículo 22 no constituye un consentimiento abierto de la República a la jurisdicción del Ciadi. Con esta decisión se puso fin al juicio.

Esta es la tercera decisión de los tribunales internacionales que acepta la posición de la República Bolivariana de Venezuela sobre el tema de jurisdicción bajo el artículo 22 de la Ley de Promoción y Protección de Inversiones. Previamente los tribunales del Ciadi en los casos ExxonMobil y Cemex, también adoptaron la posición de la república respecto al artículo 22.

La nueva decisión muestra una vez más que la defensa del país en los procedimientos internacionales incoados en su contra esta siempre sustentada en fundamentos sólidos de derecho.

Venezuela: Accelerate land reform, Chavez tells ministers (nationalisation land owned by Smurfit Kappa)

Sep 1, http://www.morningstaronline.co.uk/news/content/view/full/108971

Venezuelan President Hugo Chavez ordered his agriculture minister on Wednesday to accelerate the nationalisation of 12,000 hectares of Venezuelan land currently owned by Irish transnational Smurfit Kappa.

Venezuela: Chavez Plans To Nationalize Gold Industry

Aug 17, http://online.wsj.com/article/BT-CO-20110817-711924.html

Chavez says he will introduce "decree to take the gold sector"; Government looks to take over production, ramp up international reserves; Chavez hinted in May he may centralize control over gold; Rusoro CEO says he's not worried about expropriation.

See also http://blogs.ft.com/beyond-brics/2011/08/18/chavez-nationalises-gold-sector-so-what/

Venezuela: Pdvsa ready to negotiate arbitrations

July 27, http://english.eluniversal.com/2011/07/27/pdvsa-ready-to-negotiate-arbitrations.shtml

Venezuelan Minister of Energy and Petroleum Rafael Ramírez said that Venezuela is "willing to reach an agreement with Exxon Mobil, and ConocoPhillips, provided that the sum is reasonable," in relation to arbitrations and litigations pending, after state-run oil firm Pdvsa took over and nationalized Exxon and Conoco assets in Venezuela. "We never said we will not pay for the assets (...)"

Venezuela: Tenaris Initiates Arbitration Proceedings Against Venezuela in Connection With Matesi's Nationalization

Aug 24, http://ir.tenaris.com/releasedetail.cfm?ReleaseID=600982

Tenaris S.A (NYSE: TS) (BAE: TS) (MXSE: TS) (MILAN: TEN) and its wholly-owned subsidiary Talta - Trading e Marketing Sociedad Unipessoal Lda (Talta), announced today that, given the absence of progress in the discussions on compensation since Venezuela's 2009 expropriation of their majority-owned subsidiary Matesi Materiales Siderurgicos S.A., they have initiated arbitration proceedings against Venezuela before the International Centre for Settlement of Investment Disputes (ICSID) in Washington D.C., pursuant to the bilateral investment treaties entered into by Venezuela with the Belgium-Luxembourg Economic Union and Portugal. In these proceedings, Tenaris and Talta seek adequate and effective compensation for the expropriation of their investment in Matesi.

Tenaris and Talta, however, continue to be prepared and willing to engage in discussions with the Venezuelan government to reach a solution that recognizes their rights under Venezuelan and international law.

Venezuelan gov't has seized 988 companies

Aug 29, http://www.eluniversal.com/2011/08/29/venezuelan-govt-has-seized-988-companies.shtml

From 2002 to date, the Venezuelan government has seized 988 companies, according to data from the Venezuelan Confederation of Industries (Conindustria).

Viet Nam: Ministry urged to reconsider tax incentives for foreign projects

July 30, http://english.vietnamnet.vn/en/business/11314/ministry-urged-to-reconsider-tax-incentives-for-foreign-projects.html

Under the current regulations, expanded investment projects are not subject to corporate income tax incentives. However, the regulations may be adjusted since ministries and experts have pointed out that this is an unreasonable policy.

Vietnam, China to try to hasten talks on sea dispute

Sep 8, http://af.reuters.com/article/commoditiesNews/idAFL3E7K81C820110908

Reuters - China and Vietnam have agreed to speed up negotiations towards ending a long-running spat over the South China Sea, state media reported on Thursday, as Beijing continued a campaign to defuse tension.

West & East Africa Shareholders in the United States Seek $40 Million Mediation with Cairo's Citadel Capital Subsidiary, National Petroleum Company (NPC)

Aug 23, http://www.pressreleasenetwork.com/newsroom/news_view.phtml?news_id=3578

PRN - United States business Gaille & Company, LLC has filed a request with the United States Department of Commerce seeking the U.S. Government's assistance in mediating an investment dispute with Citadel Capital's NPC. Gaille & Company has been a shareholder in NPC's subsidiary, West & East Africa, since 2007. West & East Africa is pursuing a U.S. $40 million oil and gas exploration program in Sub-Saharan Africa.

The United States - Egypt Bilateral Investment Treaty provides for certain consultation and negotiation options before the filing of an arbitration with the International Court. Gaille & Company, LLC has sought these rights in an effort to mediate an ongoing dispute over Citadel Capital's NPC obligation to fund the U.S. $40 million oil and gas exploration program in Africa.

Zimbabwe empowerment law on mining flexible-minister

Sep 1, http://www.reuters.com/article/2011/09/01/zimbabwe-mining-idUSL4E7K11MX20110901

Reuters - Zimbabwe's empowerment law, which requires foreign miners to transfer 51 percent equity stakes in local entities to black investors is "flexible" and does not aim to seize or nationalise assets, a government official said Thursday.

Zimbabwe: Expropriation in Zimbabwe - Your mine is mine

Sep 3, http://www.economist.com/node/21528303

A new plan to wreck one of Africa's unluckiest countries. Saviour Kasukuwere, Mr Mugabe's indigenisation minister, has now sent an ultimatum to a dozen foreign-owned groups. Those that do not comply may lose their assets and operating licences. Their directors may be jailed. The victims include six miners, notably Rio Tinto's Murowa Diamonds and Impala Platinum's Zimplats; two banks, Standard Chartered and Barclays; and three manufacturers, British American Tobacco, Nestlé and Cargill Zimbabwe. The deadline for submitting compliance plans was the end of August; for implementing them, it is the end of September.

Zimbabwe government crafting new investment laws

July 31, http://www.thestandard.co.zw/business/30907-government-crafting-new-investment-laws.html

GOVERNMENT is working on investment promotion and protection legislation as part of reforms to lure foreign investors to help rebuild the economy. The reforms, which include the conclusion as well as negotiating for new Bilateral Investment Promotion and Protection Agreements (Bippas) are designed to provide a favourable environment for investors and get a bigger chunk in terms of the global Foreign Direct Investment (FDI) inflows.

Zimbabwe: Malawian lawyer Mutharika forced to quit Zim land trial

Aug 19, http://www.thezimbabwean.co.uk/human-rights/51960/mutharika-forced-to-quit-zim.html?utm_source=thezim&utm_medium=homepage&utm_campaign=listarticle&utm_content=textlink

Malawian lawyer Peter Mutharika has been forced to resign from the arbitration panel in two international court cases in which groups of foreign investors are suing the Zimbabwean government for breaches of bilateral investment treaties following objections about his impartiality by some of the claimants.

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.

International Governance of Energy Trade: WTO and the Energy Charter Treaty - Session of the Energy Charter Secretariat during the WTO Public Forum 2011

http://www.wto.org/english/forums_e/public_forum11_e/forum11_background_e.htm

21 September 2011 - Energy resources are exhaustible natural resources that are vital for the development of the modern world. Indeed no sector other than energy has such a tremendous significance for development of other industries, both manufacturing of goods and provision of services. Moreover, the availability

JOBS / MOVES

John G. Ruggie - Author of U.N. Guiding Principles on Business and Human Rights - Joins Foley Hoag

July 26, http://www.foleyhoag.com/NewsCenter/PressCenter/2011/07/John-Ruggie-Foley-Hoag.aspx

Foley Hoag LLP will expand its Corporate Social Responsibility Practice with the addition of John G. Ruggie, the recent U.N. Secretary-General's Special Representative for Business and Human Rights and current Harvard professor, who will join the firm's Boston office in September as a senior advisor.

Foley Hoag Adds Three International Litigation and Arbitration Lawyers to Paris Office

July 27, http://www.foleyhoag.com/NewsCenter/PressCenter/2011/07/Paris-Associates-Join-Foley-Hoag.aspx

Foley Hoag has added three international litigation and arbitration lawyers to its new office in Paris. Counsel Hery Frederic Ranjeva and associates Ivan Urzhumov and Carlos Arrue Montenegro join Foley Hoag's International Litigation and Arbitration Practice from Winston & Strawn in Paris. The three will work closely with partners Bruno Leurent and Thomas Bevilacqua in Paris. "Hery, Ivan and Carlos are three talented lawyers who will help us provide the highest level of service to our clients in Europe and around the world, and I am pleased to welcome them to the firm," said Leurent, adding that the new Paris lawyers will work closely with Foley Hoag's U.S.-based international litigation and arbitration lawyers, including partners Ron Goodman, Paul Reichler, Mark Clodfelter, Larry Martin, Andrew Loewenstein, Janis Brennan and others.

Singapore: FTI Consulting Launches International Arbitration Service in Singapore

July 28, http://news.morningstar.com/all/pr-news-wire/20110728NY43231/fti-consulting-launches-international-arbitration-service-in-singapore.aspx

FTI Consulting, Inc., a global business advisory firm dedicated to helping organizations protect and enhance their enterprise value, today announced the launch of its International Arbitration service in Singapore. James Searby, a recognized leader in his field, will lead the effort.

Adrian Neritani Admitted to Arbitration Panel of ICSID

Aug 8, http://www.nmmlaw.com/index.php?option=com_content&view=article&id=1522:adrian-neritani-admitted-to-arbitration-panel-of-icsid-&catid=1:news&Itemid=40

Adrian Neritani, a Member of Norris McLaughlin & Marcus, P.A. and former Permanent Representative to the United Nations for Albania, has been designated by the government of Albania to the Panel of Arbitrators of the International Centre for Settlement of Investment Disputes (ICSID), the leading international arbitration institution devoted to investor-State dispute settlement. ICSID plays an important role in the field of international investment and economic development, as evidenced by its large membership, its considerable caseload, and the numerous references to its arbitration facilities in investment treaties and law.

Weil names Juliet Blanch as firmwide international arbitration head

Aug 8, http://www.legalweek.com/legal-week/news/2100196/weil-names-city-partner-firmwide-international-arbitration-head

Weil Gotshal & Manges has named London disputes partner Juliet Blanch as firmwide head of international arbitration. Blanch, who joined Weil last year from the City office of McDermott Will & Emery, has replaced Guillermo Aguilar-Alvarez in the role. Aguilar-Alvarez left Weil at the end of 2010 to join King & Spalding in New York.

Dubai International Arbitration Centre appoints Nassib G. Ziadé as new Director

Aug 9, http://www.ameinfo.com/272577.html

Dubai International Arbitration Centre (DIAC), an initiative of the Dubai Chamber of Commerce and Industry, has recently appointed Nassib G. Ziadé as its new Director. Mr. Ziadé was the Deputy Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID) between 2007 and 2011, and he also served between April 2008 and June 2009 as Acting Secretary-General of ICSID.

BOOKS

LE DROIT EUROPÉEN ET L'ARBITRAGE D'INVESTISSEMENT

European Law and Investment Arbitration
Sous la direction de Catherine Kessedjian
231 p. 40, ISBN 979-2-90429-01-7, ISSN 1765-0305
http://www.assas-boutique.com/ouvrages-editions-pantheon-assas/collection-colloques/le-droit-europeen-et-l-arbitrage-d-investissement-european-law-and-investment-arbitration.html

Note: A book review will be published on TDM

La rencontre du droit européen et du droit des investissements, dont les premières interactions prévisibles avaient été étudiées dans l'ouvrage le droit européen et l'investissement (éditions Panthéon-Assas 2009), remet en cause la place prise par l'arbitrage comme mode de règlement des différends principal lorsqu'un litige oppose l'investisseur et l'Etat hôte. On doit noter qu'en l'état actuel des statuts du CIRDI, l'Union européenne ne peut accéder à la Convention de Washington de 1965 et il est douteux qu'une telle adhésion puisse intervenir dans un proche avenir, à la fois pour des raisons de substance et des raisons techniques. Au-delà de cette question, c'est la place de l'Union dans les futurs litiges, en lieu et place des Etats membres ou à leurs côtés, qui est en cause. Dans quelles conditions l'Union peut-elle, doit-elle participer? L'Union sera-t-elle défenderesse? Si elle n'est pas défenderesse, pourra-t-elle intervenir et sous quelle forme? Comment se règleront les conflits potentiels entre les Etats membres et l'Union? Si l'arbitrage demeure le mode de règlement des différends préféré, la Cour de Justice aura-t-elle un rôle et lequel? Comment le droit européen (qui va devenir la source essentielle du droit des investissements pour les 27 Etats membres) va-t-il s'appliquer devant les tribunaux arbitraux? Comment vont être gérés les recours contre les sentences arbitrales et leur exécution? Ce sont toutes ces questions qui sont abordées dans le présent ouvrage, issu des travaux d'une journée d'étude organisée au Collège européen de Paris le 8 décembre 2010.

Ont collaboré: Jacqueline Dutheil De La Rochère, John P. Gaffney, Emmanuel Gaillard, Andrea Giardina, Laurence Idot, Catherine Kessedjian, Sophie Nappert, Klaus Reichert, August Reinisch, Stephan Schill, Eduardo Silva-Romero, Brigitte Stern, Pierre Tercier.

IISD: International Investment Law and Sustainable Development: Key cases from 2000–2010

http://www.iisd.org/publications/pub.aspx?pno=1469

Nathalie Bernasconi-Osterwalder, Lise Johnson, IISD, 2011. Book, 178 pages, copyright: IISD

This book summarizes and analyzes select decisions issued between 2000 and 2010 by arbitral tribunals in investor–state arbitrations. In contrast to other books on bilateral investment treaties (BITs) and other investment agreements, it examines the decisions with the aim of highlighting how they may impact sustainable development. Through such issues as jurisdiction, the interpretation of states’ substantive treaty obligations, and the use and availability of defences, the book highlights how the decisions affect the scope of the treaties and may impact the will and ability of governments to advance their domestic goals and policies. The book also contains two organizational charts: one listing the issues addressed in each of the roughly 20 cases included in the book, and one grouping the cases by their relevant common issues.

Mediation: A Non-model

Vibeke Vindelov
ISBN13: 9788757420869
ISBN: 8757420866

Mediation and conflict resolution are not subjects about which one can be 'neutral'. Values and concepts such as fairness, truth, power and neutrality etc., will always have a role to play, not just for the parties involved, but also for the mediator. The non-model is characterised by being eclectic, though not in the sense that 'anything goes' as long as it works. It is eclectic because it allows for inspiration to be drawn from all the best known mediation models and to use elements of them in practice, since what is of most importance to mediation is the values and assumptions that motivate the mediator and which are developed in the course of the mediation.

Pleading in arbitration: A Practitioner's guide

Steven P. Walker, Iain K. Clark & James Hope
Sweet & Maxwell
ISBN: 9780414018402

This is an essential new title which will provide arbiters, solicitors and Advocates with a narrative guide mirroring the various procedural stages of an arbitration process. Arbitration has seen a massive increase in interest in Scotland as a result of the commencement of the Arbitration (Scotland) Act 2010 in June last year. This new legislation has made Scotland a far more attractive location to conduct arbitration and is hoped to result in it becoming a centre for dispute resolution, attracting international arbitration cases as well as domestic disputes. This text is primarily designed to guide Scottish Arbiters who are conducting international cases, an occurrence which is expected to increase. Ensure you have the information required to win the best outcome for your clients.

This book contains a CD of relevant styles for each procedural stage, allowing the user to download these forms and use them in their own daily work.

IBA Rules of Evidence: Commentary

Tobias Zuberbühler, Dieter Hofmann, Christian Oetiker, Thomas Rohner
Sellier, 9783866531970, Hardback

The IBA Rules on the Taking of Evidence in International Commercial Arbitration were adopted by the IBA Council on 1 June 1999. A revised version entered into effect on 29 May 2010. Both the original Rules and the revision were prepared by working groups representing the major Anglo-American and Continental legal systems and reflect a harmonization of the evidence taking procedures commonly used in international arbitration.

After 12 years of being in force, the IBA Rules have found widespread acceptance in the arbitration community. With this first comprehensive commentary on the IBA Rules, the authors provide an overview on the case law and doctrine, with a special focus on Swiss arbitration law and current hot topics such as legal privilege and the efficiency of proceedings.

ICSID

Award: Brandes Investment Partners, LP v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/3)

Outcome of Proceeding: Award rendered on August 2, 2011. Available on the ICSID Website: Decision on the Respondent's Objection under Rule 41(5) of the ICSID Arbitration Rules (February 02, 2009) are available in English and Spanish

Award: Libananco Holdings Co. Limited v. Republic of Turkey (ICSID Case No. ARB/06/8)

Outcome of Proceeding: Award rendered on September 2, 2011. Info http://www.worldbulletin.net/?aType=haber&ArticleID=78369

Shell Nigeria Ultra Deep Limited v. Federal Republic of Nigeria (ICSID Case No. ARB/07/18)

Outcome of Proceeding: The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) on August 1

New: Vigotop Limited v. Republic of Hungary (ICSID Case No. ARB/11/22)

Property development projects (King's City casino project). Registered Aug 04. Tribunal not yet constituted. http://www.bbj.hu/business/world-bank-to-arbitrate-canceled-kings-city-casino-project_59171

New: Mr. Franck Charles Arif v. Republic of Moldova (ICSID Case No. ARB/11/23)

Duty free concessions, Registered August 23. Tribunal not yet constituted. "Moldova can become a major market for luxury, says Le Bridge Travel Retail, as it opens its first duty free shops" Novemer 17, 2009 http://www.moodiereport.com/document.php?c_id=31&doc_id=22392

Togo Electricité and GDF-Suez Energie Services v. Republic of Togo (ICSID Case No. ARB/06/7)

Status of Proceeding: parties file post-hearing briefs on July 22

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

Status of Proceeding: suspension of the proceeding is extended, pursuant to the parties' agreement

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

Status of Proceeding: Respondent files a memorial on jurisdiction on August 1

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

Status of Proceeding: Claimants file a counter-memorial on jurisdiction on July 29

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

Status of Proceeding: proceeding is suspended on July 22, 2011, pursuant to the parties' agreement

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

Status of Proceeding: Tribunal issues a procedural order concerning the procedural calendar on August 2

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

Status of Proceeding: Claimant files observations on the Respondent's request for production of documents on July 7

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

Status of Proceeding: Tribunal issues a procedural order concerning the parties' applications to submit further documents on August 2

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

Status of Proceeding: Tribunal holds a first session by telephone conference on July 28

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 August 2

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

Status of Proceeding: Tribunal holds a first session in Washington, D.C. on July 27

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

Status of Proceeding: Tribunal holds a hearing on jurisdiction in Paris on July 28-29

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

Status of Proceeding: Tribunal holds a hearing on the merits in Washington, D.C. on July 25-30

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 observations on the Respondent's request for production of documents on August 3

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

Status of Proceeding: parties file answers on August 1, 2011 to the additional questions posed by the Tribunal)

Giovanna a Beccara and others v. Argentine Republic (ICSID Case No. ARB/07/5)

Status of Proceeding: Tribunal issues a decision on jurisdiction and admissibility on August 4

Togo Electricité and GDF-Suez Energie Services v. Republic of Togo (ICSID Case No. ARB/06/7)

Status of Proceeding: parties file reply post-hearing briefs on July 29

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

Constitution of Ad hoc Committee, August 08. E. Gaillard, M.C. Pryles, C.H. Schreuer

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

Status of Proceeding: Tribunal issues a decision on the Claimants' application for the disqualification of counsel in summary form on August 10

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

Status of Proceeding: sole arbitrator poses questions to the parties on August 11

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 further observations on the Respondent's request for production of documents on August 11

Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada (ICSID Case No. ARB(AF)/07/4)

Status of Proceeding: parties file answers to the questions posed by the Tribunal on June 23 on July 29

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

Status of Proceeding: Claimant files observations on the Respondent’s request for production of documents on August 16

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

Annulment Proceeding Registered July 27. Ad hoc Committee not yet constituted.

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

Status of Proceeding: Claimant files a memorial on the merits on August 23.

Caravelí Cotaruse Transmisora de Energía S.A.C. v. Republic of Peru (ICSID Case No. ARB/11/9)

Tribunal Constituted August 26. L. Olavo Baptista; A. Mourre; H.A. Grigera Naón

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

Status of Proceeding: Claimants file a memorial on the merits on August 24

Niko Resources (Bangladesh) Ltd. v. People's Republic of Bangladesh, Bangladesh Petroleum Exploration and Production Company Limited ("Bapex") and Bangladesh Oil Gas and Mineral Corporation ("Petrobangla") (ICSID Case No. ARB/10/18)

Status of Proceeding: Respondents file a request for production of documents on August 16

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: Respondents file a request for production of documents on August 16

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

Status of Proceeding: Claimant files a memorial on the merits on August 25

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

Status of Proceeding: Claimants file a post-hearing brief on August 20

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

Status of Proceeding: Tribunal issues a decision concerning the Claimant's memorial on quantum and a new procedural calendar on May 30

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

Status of Proceeding: parties file answers to questions posed by the Tribunal after the hearing on August 26

Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada (ICSID Case No. ARB(AF)/07/4)

Status of Proceeding: Pending, each party files a response to the other party's answers of July 29, 2011, on August 26

Award: Libananco Holdings Co. Limited v. Republic of Turkey (ICSID Case No. ARB/06/8)

Rendered on September 2, Available on http://bit.ly/ICSID

Award + Decision on Annulment: Togo Electricité and GDF-Suez Energie Services v. Republic of Togo (ICSID Case No. ARB/06/7)

Available on http://bit.ly/ICSID

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

Outcome of Proceeding: Award rendered on September 2, 2011.

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

Status of Proceeding: Claimant files a response to the Respondent’s observations of August 29, 2011 on September 5

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

Status of Proceeding: Claimants file a second additional claim on September 5

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

Status of Proceeding: Respondent files a counter-memorial on the merits and a memorial on jurisdiction on September 5

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

Status of Proceeding: Tribunal issues a procedural order concerning the procedural calendar on September 1

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

Status of Proceeding: Tribunal holds a hearing on jurisdiction and merits in Singapore on August 25 - September 5

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

Status of Proceeding: Respondent files a counter-memorial on the merits and quantum on September 6

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

Status of Proceeding: each party files observations on the other party's answers of August 1, 2011, on September 6

Toto Costruzioni Generali S.p.A. v. Republic of Lebanon (ICSID Case No. ARB/07/12)

Status of Proceeding: Claimant produces evidence pursuant to the Tribunal's procedural order of December 16, 2010 on June 30

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

Status of Proceeding: Respondent files a counter-memorial on quantum on September 2

Niko Resources (Bangladesh) Ltd. v. People’s Republic of Bangladesh, Bangladesh Petroleum Exploration and Production Company Limited ("Bapex") and Bangladesh Oil Gas and Mineral Corporation ("Petrobangla") (ICSID Case No. ARB/10/18)

Status of Proceeding: Respondents file a second memorial on jurisdiction on August 30

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

Status of Proceeding: parties file submissions on costs on August 31