issue #10, week 43. 26 October 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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TDM 3 (2011) - Intersections: Dissemblance or Convergence between International Trade and Investment Law

TDM 3 (2011) Special: Intersections: Dissemblance or Convergence between International Trade and Investment Law

Edited by Dr. Todd Weiler, this TDM Special Issue addresses the intersections that exist between investment treaty law and international trade law. Issues addressed include: the use and relative applicability of substantive trade law concepts investor-state arbitration; an in-depth examination and analysis of the TRIMs Agreement; a comparison between most favored nation and national treatment clauses in WTO law and in international investment law, and research into the substantive and procedural standards offered by investment treaties and WTO agreements. We would also like to thank Dr. Walid Ben Hamida, Heather Bray and Devin Bray for their ineluctable assistance in preparing this Special.

Table of contents TDM 3 (2011)

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NEWS

ITLOS: Election of Judge Shunji Yanai As President of the Tribunal and Judge Albert J. Hoffmann as Vice-President

Oct 1, http://www.itlos.org

Judge Shunji Yanai (Japan) was today elected as President of the International Tribunal for the Law of the Sea and Judge Albert J. Hoffmann (South Africa) as Vice- President for the period 2011-2014 by the members of the Tribunal.

President Yanai has been a member of the Tribunal since 2005. In accordance with the Rules of the Tribunal, the President is elected for a period of three years and may be re-elected. He presides at all meetings of the Tribunal, directs its work and supervises its administration. He represents the Tribunal in its relations with States and other entities and is required by the Statute of the Tribunal to reside permanently at the seat of the Tribunal in Hamburg. The outgoing President, Judge Jos?uis Jesus, conducted the election for the presidency. He expressed his gratitude to his colleagues for their support during his three-year term of office and gave his best wishes to the new President.

Vice-President Hoffmann has been a Member of the Tribunal since 2005 and replaces Judge Helmut Tuerk. The Vice-President is elected for a period of three years and assumes the functions of the President in the event of a vacancy in the presidency or of the inability of the President to exercise the functions of the presidency. The newly elected President of the Tribunal, Judge Yanai, conducted the election.

ITLOS: Reconstitution of the Chambers of the Tribunal

Oct 7, http://www.itlos.org

The Chambers of the International Tribunal for the Law of the Sea have been reconstituted by the Tribunal.

ITLOS: Three Members of the Tribunal Sworn in

Oct 1, http://www.itlos.org

At a public ceremony held this morning, Mr David Joseph Attard (Malta), Ms Elsa Kelly (Argentina) and Mr Markiyan Z. Kulyk (Ukraine) were sworn in as members of the Tribunal. The three judges were elected at the twenty-first Meeting of States Parties to the United Nations Convention on the Law of the Sea to serve a term of nine years, commencing 1 October 2011. Before taking up their duties, newly elected judges are required to make a solemn declaration that they will exercise their powers as judges impartially and conscientiously. The declarations were made today in the presence of the Tribunal.

Designations to the ICSID Panels of Conciliators and of Arbitrators by the Chairman of the ICSID Administrative Council

Sep 15, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement95

Today, Mr. Robert B. Zoellick, President of the World Bank and Chairman of the Administrative Council of the International Centre for Settlement of Investment Disputes (ICSID), announced a new list of Chairman's designations to the ICSID Panels of Conciliators and of Arbitrators. These designations were made pursuant to Article 13(2) of the ICSID Convention, which allows the Chairman to name 10 arbitrators and 10 conciliators of different nationalities to each Panel. Members of the Panels are available for appointment by disputing parties or by the Centre in proceedings at ICSID.

In announcing the new Panels, Meg Kinnear, the Secretary-General of ICSID, commented on the importance of arbitrators and conciliators in the efficient and effective management of investment disputes at ICSID. "The flow of private investment capital remains central to global economic development, and the availability of effective and independent dispute resolution at ICSID is one very important way in which such flows can be encouraged. ICSID arbitrators and conciliators play a fundamental role in this process," said Ms. Kinnear.

The persons designated by the Chairman to the Panel of Arbitrators are: Ms. Teresa Cheng, SC (China), Mr. Eduardo Zuleta (Colombia), Prof. Alain Pellet (France), Dr. Claus von Wobeser (Mexico), Prof. Azzedine Kettani (Morocco), Prof. Donald M. McRae (New Zealand/Canada), Mrs. Tinuade Oyekunle (Nigeria), Mr. Muhammad Makhdoom Ali Khan (Pakistan), Prof. Pierre Tercier (Switzerland), and Ms. Lucy Reed (United States).

The persons designated by the Chairman to the Panel of Conciliators are: Prof. Dr. Laurence Boulle (Australia/South Africa), Prof. Dr. Luiz Olavo Baptista (Brazil), Mr. Roberto Echandi (Costa Rica), Mrs. Anna Joubin-Bret (France), Prof. Dr. Siegfried H. Elsing (Germany), Prof. Dr. Nayla Comair-Obeid (Lebanon), Dr. David J. A. Cairns (New Zealand/United Kingdom), Prof. Lawrence Boo (Singapore), The Hon. Justice James Ogoola (Uganda), and Prof. Jeswald W. Salacuse (United States).

These designations are for six year terms, effective September 15, 2011. The complete list of the ICSID Panels of Conciliators and of Arbitrators is available on the ICSID website. Short biographical notes on each of the Chairman's designees to the Panel of Arbitrators are available on the ICSID website. Short biographical notes on each of the Chairman's designees to the Panel of Conciliators are available on the ICSID website.

This is the first time that the Chairman of the ICSID Administrative Council has issued separate lists for designees to the Panel of Arbitrators and the Panel of Conciliators. It responds to inquiries by States and other ICSID facility users about the potential to resolve investment disputes through various mechanisms, including arbitration and conciliation. Ms. Kinnear noted that, "While ICSID cases are usually resolved through arbitration, the Chairman's lists offer parties access to experts with skills in arbitration and in alternative forms of dispute resolution."

Ms. Kinnear also acknowledged the extraordinary contribution of the former designees of the Chairman to the ICSID Panels: Prof. James R. Crawford, SC, FBA (Australia), Mr. Robert M. Dossou (Benin), Mr. L. Yves Fortier, CC, QC (Canada), Prof. Francisco Orrego Vicu??Chile), Dr. Ahmed S. El-Kosheri (Egypt), Prof. Prosper Weil (France), Mr. Fali Nariman (India), Prof. Gabrielle Kaufmann-Kohler (Switzerland), and Judge Stephen M. Schwebel (United States). She thanked them for their distinguished service in a period when the number of cases at the Centre increased dramatically and raised important issues for the development of international investment law.

CIArb conference highlights need for 'toolkit' to control costs of international arbitration

Sep 28, http://www.ciarb.org/news/ciarb-news/ciarb-conference-highlights-need-for-toolkit-to-control-costs-of-international-arbitration.php

The first day of the two-day conference also saw the launch of CIArb's survey into the costs of international arbitration. The survey was completed by practising arbitrators and lawyers from five continents and includes information on 254 arbitrations conducted between 1991 and 2010.

ICC unveils International Centre for ADR

Sep 22, http://www.iccwbo.org/index.html?id=45776

As ICC rolled out revised rules of arbitration last week, other dispute resolution services offered by the world business organization are undergoing some changes of their own. The range of services, which includes ADR (amicable dispute resolution), expertise, dispute boards and work involving DOCDEX (Documentary Instruments Dispute Resolution Expertise) have been pulled together to establish the ICC International Centre for ADR

CEDR - Irish demand for services sees launch of CEDR Ireland

Sep 12, http://www.cedr.com/?location=/news/archive/20110912_377.htm

Today the Centre for Effective Dispute Resolution (CEDR) announces the creation of a new operational base in Ireland to benefit its growing mediation marketplace, in particular as a response to the increasing frequency of local requests for CEDR´s dispute resolution services, in addition to its training.

CEDR has long been regarded as the leading international trainer of mediators and, through its CEDR Solve dispute resolution service, as the largest independent (Alternative Dispute Resolution) ADR provider in Europe. It now adds to its leadership by opening CEDR Ireland a cross-border initiative set up to address the growing demand for ADR in the Irish Republic and Northern Ireland as an alternative to resolving commercial disputes in the courts.

Although in the process of opening CEDR Ireland, with a panel of 28 mediators, CEDR has already successfully mediated 30 commercial disputes to date, ranging from construction to farming and finance to technology. Based at the Ormond Building with its dedicated ADR facilities centre, Ormond Meeting Rooms, and close to Dublin's Four Courts, CEDR Ireland will continue to offer CEDR´s regular training courses around Ireland, where it has been active as a training provider for many years, accrediting 350 mediators across the South and North to date. It will use Dublin as a further base for cross-border cases and in addition to providing mediation for high value claims (in excess of ?1 million) CEDR is also launching its small claims services, Mediation 125 and Arbitration 125, for the Irish market for claims under ?125,000 (or £125,000 in Northern Ireland).

The launch of CEDR Ireland will be formally marked by an event for the legal community on the evening of 18th October 2011 at the Ormond Meeting Rooms in Dublin, preceded on the 17th by a formal reception at the British Embassy to help introduce businesses unfamiliar with commercial mediation to the concept.

"Having worked for so many years across Ireland, CEDR is delighted that Irish businesses and people, whether in the South or North, can know if they are involved in disputes that they can always gain access to a mediator of the highest quality," said Karl Mackie CBE, CEDR Chief Executive, "CEDR's approach to quality in both its dispute resolution services and training means we have developed effective dispute resolution for today's business disputes. We look forward to making our new home at the Ormond Building in the heart of Dublin's legal district."

The news also comes as CEDR prepares to launch a new office in Hong Kong that will service the Asia Pacific region and a new base in Doha will address needs in the Middle East. The openings come as response to the increasing frequency of local requests for CEDR´s dispute resolution services, in addition to its training in mediation and conflict management.

In 2011 CEDR became part of the Northern Irish Mediation Council and Gregory Hunt, Director of CEDR Solve, became a Council Member of the Irish Commercial Mediators Association. More information is available on CEDR's website www.cedrsolve.ie.

CEDR: Economy in Ireland set to save ?120 million a year as CEDR Ireland launches mediation services with series of events

Oct 19, http://www.cedr.com/news/?379

The figure of ?120 million in savings for the Irish economy was given at an event last night, 18 October 2011, at the Ormond Meeting Rooms, in Dublin, the new base of CEDR Ireland, attended by guests from across the South and North of Ireland. The event was the culmination of a series of events where CEDR Ireland officially launched its full panel of 35 mediators along with new low-cost mediation and arbitration services for legal claims under ?125,000 (or £125,000 in Northern Ireland).

Australia: Dispute settlement group aims at China

Oct 16, http://finance.ninemsn.com.au/newsbusiness/aap/8360881/dispute-settlement-group-aims-at-china

The chief spruiker for Australia's newly established international arbitration centre, Doug Jones, has arrived back from Beijing hopeful that major Chinese companies will settle their commercial disputes at the Sydney-based centre.

Austria-Hungary: Budapest accused of fleecing Austrian banks

Sep 13, http://www.presseurop.eu/en/content/news-brief-cover/943721-budapest-accused-fleecing-austrian-banks

The appreciation of the Swiss Franc threatens relations between Austria and Hungary. "Expropriation of banks: Vienna files a suit against Budapest," announces Austrian daily Der Standard. The Austrian government's anger towards its Hungarian counterpart isn't abating over a plan to allow debtors to repay their loans at fixed - and advantageous - rates. Hungarians would be allowed to reimburse their loans in Swiss Francs at a rate of 180 forints rather than 240 and loans in euros at a rate of 250 forints rather than 280.

BlackRock sees resource nationalism a threat to mine investing

Oct 24, http://af.reuters.com/article/energyOilNews/idAFL3E7LO3GH20111025

BlackRock Inc, the world's largest money manager, on Tuesday warned so-called "resource nationalism" was on the rise globally, threatening to undermine investment in sectors where governments were playing too heavy a hand.

BP and Transocean argue over fresh Gulf of Mexico oil 'leaks'

Sep 28, http://www.telegraph.co.uk/finance/newsbysector/energy/oilandgas/8794752/BP-and-Transocean-argue-over-fresh-Gulf-of-Mexico-oil-leaks.html

The US Coast Guard has warned that more oil may have leaked from the Deepwater Horizon rig, causing a new round of finger-pointing between BP and Transocean.

Brazil Senate Aims To Vote On Oil Royalties Proposal Wed

Oct 18, http://www.foxbusiness.com/industries/2011/10/18/brazil-senate-aims-to-vote-on-oil-royalties-proposal-wed/

Dow Jones - Brazil's Senate will aim to vote Wednesday on a compromise measure to resolve a nagging dispute over distribution of royalties from the country's lucrative offshore oil fields, lawmakers working on the bill said Tuesday.

Brazil: Halliburton Provides Update on KBR Indemnification on Barracuda-Caratinga Project

Sep 28, http://ir.halliburton.com/phoenix.zhtml?c=67605&p=irol-newsArticle&ID=1610810&highlight=

BUSINESS WIRE - Halliburton has been notified that an award of approximately $200 million has been issued to Barracuda & Caratinga Leasing Company (BCLC) by the panel hearing an arbitration proceeding filed by BCLC against KBR.

The arbitration proceeding is related to a contract between BCLC and KBR for the development of the Barracuda and Caratinga oil fields offshore Brazil. Certain subsea bolts used in developing the fields were allegedly defective, and the award finds KBR liable for the cost of replacing the bolts. Halliburton is pursuing all possible avenues to appeal the ruling.

As part of the November 2006 Master Separation Agreement between Halliburton and KBR, Halliburton agreed to provide indemnification in favor of KBR for all out-of-pocket cash costs and expenses, or cash settlements or cash arbitration awards in lieu thereof, KBR may incur after the separation agreement as a result of the replacement of the subsea flowline bolts installed in connection with the Barracuda-Caratinga project. Halliburton expects to record a charge to discontinued operations in the third quarter of 2011 related to this arbitration award.

Bulgaria takes Russia to court over nuclear plant

Oct 6, http://www.reuters.com/article/2011/10/06/bulgaria-nuclear-idUSL5E7L636820111006

Bulgaria files counter claim against Atomstroyexport; Says Russian nuclear firm owes it over 60 mln euros; Decision on Belene plant delayed until April.

Cameroon: Fresh fight for Grynberg

Oct 5, http://www.africaintelligence.com/AEM/financial-operations/2011/10/05/fresh-fight-for-grynberg,93336652-BRE

[Subscription required] - Having lost two arbitration procedures before the International Center for Settlement of Investment Disputes (ICSID), a wing of the World Bank, Jack Grynberg hasn't given in, and indeed filed suit on September 19 - this time against Cameroon.

Canada wins NAFTA dispute over Ontario mine dump

Oct 11, http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/canada-wins-nafta-dispute-over-ontario-mine-dump/article2197924/

A U.S. businessman [Vito Gallo] involved in an abandoned project to throw Toronto's garbage into a disused Northern Ontario mine has lost a bid to extract more than $350-million in compensation out of the Canadian government under a controversial clause of the North American free-trade agreement.

Canada: Nordion Provides Updated Schedule for MAPLE Arbitration

Oct 21, http://news.nordion.com/phoenix.zhtml?c=68761&p=irol-newsArticle&ID=1619941

Nordion Inc., a leading provider of products and services to the global health science market, today released an update to the schedule for the ongoing arbitration with Atomic Energy of Canada Limited (AECL) relating to the MAPLES, the nuclear reactors that were being commissioned to serve as the Company's source of long-term medical isotope supply.

The dates for the hearings that had originally been scheduled to be completed by the end of 2011 will be extended to the second fiscal quarter 2012. This extension is required to allow further evidence from the parties to be heard. Based on the current status of the hearings, we believe this new schedule allows sufficient time for completion of the arbitration and a decision thereafter from the panel.

Nordion served AECL with a notice of arbitration proceedings on July 8, 2008, after AECL and the Government of Canada unilaterally announced their intent to discontinue development work on the MAPLE facilities. The arbitration seeks to compel AECL to fulfil its contractual obligations to Nordion to complete the MAPLES and, in the alternative and in addition to such order, to pay significant monetary damages.

China, Myanmar to properly settle dispute over dam

Oct 10, http://www.reuters.com/article/2011/10/10/china-myanmar-idUSL3E7LA0AA20111010

Reuters - China and Myanmar have agreed to "properly settle" a dispute over Myanmar's suspension of a dam built and financed by Chinese firms as a Chinese leader hoped "friendly consultations" would bring a solution to ensure cooperation and stable ties.

China-Canada investment deal in the works

Oct 13, http://www.cbc.ca/news/politics/story/2011/10/13/pol-china-investment-agreement.html

Canada and China are creeping closer to signing an agreement that would set investment rules and guide dispute resolution for investors, International Trade Minister Ed Fast said Thursday.

China-Taiwan: SEF to sign investment accord at next meeting

Oct 22, http://www.chinapost.com.tw/taiwan/china-taiwan-relations/2011/10/22/320594/SEF-to.htm

Chairman of the Taipei-based Straits Exchange Foundation (SEF) Chiang Pin-kung promised yesterday that a long-stalled investment protection agreement would definitely be signed during his next meeting with the SEF's Chinese counterpart.

China-Taiwan: SEF-ARATS talks fail to deliver investment protection agreement

Oct 24, http://taiwantoday.tw/ct.asp?xItem=178588&ctNode=413

Contrary to the wishes of 1.5 million Taiwan businessmen operating in mainland China, the SEF and ARATS failed to ink a deal on investment protection. This issue is one of the greatest challenges Taipei and Beijing face in recent negotiations and, if Beijing continues to dodge Taipei on the issue, this does not augur well for future cross-strait negotiations.

China-US: Artisan Gateway Serves Demand for Arbitration Against EPT East, Inc.

Sep 12, http://news.morningstar.com/all/pr-news-wire/20110912NY65552/artisan-gateway-serves-demand-for-arbitration-against-ept-east-inc.aspx

PRNewswire - Following unsuccessful attempts to resolve the dispute amicably, Artisan Gateway, Ltd. announced today that it has served a Demand for Arbitration against EPT East, Inc., a subsidiary of Kansas City-based Entertainment Properties Trust. The Demand for Arbitration, initiated under the auspices of the American Arbitration Association in New York City, seeks damages for fraud and breach of contract, along with requests for an accounting and declaratory relief.

The dispute stems from EPT's 2008 engagement of Artisan Gateway - a leading film and entertainment business consultant with operations in Hong Kong, Shanghai and Singapore - to advise and represent EPT in connection with its entry into the Asia theatre properties market. The Demand for Arbitration asserts that Artisan Gateway ("AG") introduced EPT to joint venture partners in China, with whom EPT is now involved in various theatre projects, and that EPT intentionally misled AG regarding EPT's ongoing activities with at least one such partner to avoid paying AG certain compensation components on projects. EPT is also alleged to refuse to pay for other services provided by AG.

"It seems unconscionable that a multi-billion-dollar company like Entertainment Properties Trust would take full advantage of introductions from a smaller, specialized firm like Artisan Gateway, then try to conceal the extent of its subsidiary operations in China to avoid paying Artisan Gateway's percentage," said Robert R. Amsterdam of Amsterdam & Peroff LLP, co-counsel for Artisan Gateway in the arbitration. "It is not unreasonable to expect the highest standards of conduct from a prominent U.S. real estate investment trust, regardless of where it does business in the world."

Crowell & Moring Files Arbitration On Behalf Of Dutch Developer Against Turkey For Improperly Terminating Istanbul Housing Project

Oct 18, http://www.crowell.com/NewsEvents/PressReleasesAnnouncements/Crowell-Moring-Files-Arbitration-On-Behalf-Of-Dutch-Developer-Against-Turkey-For-Improperly-Terminating-Istanbul-Housing-Project

Press release - Washington, D.C. - October 18, 2011: Crowell & Moring LLP announced today that its client, Tulip Real Estate and Development, B.V., of Rotterdam, Netherlands, has filed a request for arbitration against the Government of Turkey for the termination of a state-of-the-art housing and development project in Istanbul, known as the Ispartakule III project. The project is one of the largest of its kind in Turkey, worth hundreds of millions of dollars.

As alleged in the Request for Arbitration, Tulip was formed by experienced Dutch real estate and housing developers to invest and build major projects in Turkey. It was encouraged to invest in the Istanbul project, its first in Turkey, by the office of Turkish Prime Minister Recep Tayyip Erdogan. In 2006, a government agency known as TOKI, through its state-owned company Emlak GYO, solicited bids for investors in the project. Tulip won the bid based on its world-class housing designs and favorable financial terms, which later resulted in highly successful sales of housing units. In May 2010, Tulip lost its entire investment when the project was terminated.

Meyer Benitah is a Dutch investor who played a lead role in the Tulip project. He said, "When we first came to Turkey, our group was quite excited about the opportunities for developing major projects that would provide Turkish citizens with modern, convenient apartments with excellent value. However, the Government's unfair and discriminatory actions have deprived us of our entire investment and we have no choice but to seek justice under international law."

As a Dutch investor in Turkey, Tulip is guaranteed protection from unlawful governmental interference with its business and seizure of its assets. A bilateral investment treaty between the Netherlands and Turkey provides that investment disputes between Dutch companies and the Turkish government may be resolved in arbitration. The Tulip claim has been submitted to the International Centre for Settlement of Investment Disputes (ICSID), which is associated with the World Bank in Washington, D.C.

Stuart H. Newberger, a partner at Crowell & Moring in Washington, is lead counsel for Tulip in the arbitration. He said, "The details of this dispute are set forth in the Request for Arbitration, and describe how Tulip was encouraged to come to Istanbul and invest substantial amounts of money to construct a state-of-the-art, green-compliant project to provide Turkey's growing middle class with superior and affordable housing choices. Only after it was a success and when construction was well under way did the Government unlawfully terminate its contract without any legal basis, which is a clear violation of the Netherlands-Turkey treaty. Turkey agreed to submit disputes with Dutch investors to ICSID at the World Bank, and we look forward to obtaining a favorable arbitration award."

Crystallex Updates Shareholders about ICSID case

Oct 7, http://www.crystallex.com/News/PressReleases/PressReleaseDetails/2011/Crystallex-Updates-Shareholders1126846/default.aspx

ICSID Case - On October 5, 2011, Crystallex was advised by the International Centre for Settlement of Investment Disputes ("ICSID") that the Arbitral Tribunal for its claim against the Bolivarian Republic of Venezuela has been constituted and the formal proceedings have commenced.

Mr. Laurent Levy, a Swiss and Brazilian national, has been appointed the President of the Tribunal. Mr. Levy frequently serves as presiding arbitrator in investment arbitrations brought on the basis of bilateral or multilateral treaties (BITs, NAFTA, the Energy Charter Treaty, etc.) conducted under the ICSID Convention, UNCITRAL Arbitration Rules, or less frequently also under the Arbitration Institute of the Stockholm Chamber of Commerce, ICC and LCIA arbitration rules. The two other members of the Tribunal are Professor John Gotanda, a US national and the Dean of the Villanova University School of Law and Judge Florentino P. Feliciano, a national of the Philippines and a former Member and Chairman of the Appellate Body of the World Trade Organization.

Crystallex's arbitration claim seeks the restitution by Venezuela of its investments including the Mine Operating Contract ("MOC"), and the issuance of the Permit, and compensation for interim losses suffered, or, alternatively full compensation for the value of its investment in an amount in excess of US$3.8 billion.

Cyprus' sovereign rights are non-negotiable, President says

Oct 2, http://famagusta-gazette.com/cyprus-sovereign-rights-are-nonnegotiable-president-says-p13096-69.htm

The sovereign rights of the Republic of Cyprus, as circumscribed by international law and the UN Convention of the Law of the Sea in particular, are non-negotiable, Cyprus President Demetris Christofias has said.

Cyprus: UN Wants Peace in Cyprus Oil and Gas Dispute

Sep 16, http://blogs.voanews.com/breaking-news/2011/09/16/un-wants-peace-in-cyprus-oil-and-gas-dispute/

The United Nations has called on Turkey to peacefully resolve a growing dispute with Greece and Greek Cypriots over planned gas exploration off the coast of divided Cyprus.

Czech Republic wins arbitration over Kc1bn with German investor Voecklinghaus

Sep 15, http://www.electroiq.com/photovoltaics/2011/09/1504822416/cr-wins-arbitration-over-kc1bn-with-german-investor-voecklinghaus.html

The Czech Republic has won an arbitration dispute with German investor Peter Franz Voecklinghaus in which Voecklinghaus demanded more than Kc1bn in compensation for thwarted investment in a golf course, Finance Ministry spokesman Ondrej Jakob told CTK today.

Czech Republic: Diag Human looks to freeze Czech accounts abroad

October 17, http://praguemonitor.com/2011/10/17/ekonomcz-diag-human-looks-freeze-czech-accounts-abroad

CTK - A distraint officer has started asking banks in Luxembourg to freeze foreign accounts of the Czech Republic over the dispute with the Diag Human firm that demands a high compensation for an allegedly thwarted business deal, the Ekonom weekly's server has reported.

Ecuador - WikiLeaks: Chevron Sought US Help in Ecuador

Sep 22, http://motherjones.com/blue-marble/2011/09/wikileaks-chevron-lobbies-us-help-ecuador

Now, several new cables that WikiLeaks has released shed additional light on how the company tried to get help from the US Embassy in Ecuador to have the case dismissed over the years. While some cables show that embassy officials seemed willing to help, it's not clear exactly how much they may have done to intervene on Chevron's behalf.

Ecuador Seeks $504 Million From Conoco In Arbitration Counterclaim

Oct 10, http://www.foxbusiness.com/industries/2011/10/10/ecuador-seeks-504-million-from-conoco-in-arbitration-counterclaim/

Conoco's subsidiary Burlington Resources started in 2008 an international arbitration claim against Ecuador over a tax dispute and contract renegotiation; Counterclaims are part of Ecuador's defense strategy; Ecuador canceled contract with Burlington Resources last year and state-run Petroamazonas took over operations; ConocoPhillips declined to comment.

Ecuador To Appeal Arbitration Ruling In Chevron Case - Ecuador Attorney General

Oct 5, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201110051606dowjonesdjonline000490&title=ecuador-to-appeal-arbitration-ruling-in-chevron-caseecuador-attorney-general

Dow Jones - Ecuador plans to launch an appeal in a court in the Netherlands next month against an Aug. 31 ruling from an international tribunal in the Hague that awarded oil company Chevron Corp. (CVX) $96 million in connection with claims made in Ecuadorean courts in the early 1990s.

Ecuador: Chevron Statement on United States Second Circuit Court of Appeals Order

Sep 19, http://www.chevron.com/chevron/pressreleases/article/09192011_chevronstatementonunitedstatessecondcircuitcourtofappealsorder.news

The United States Court of Appeals for the Second Circuit today issued an order denying the Ecuadorian plaintiffs' attempt to recuse Judge Lewis Kaplan, vacating Judge Kaplan's preliminary injunction against enforcement of the Ecuadorian judgment against Chevron, and staying Chevron's claim for a declaratory judgment that the Ecuadorian judgment is unenforceable.

In denying the Ecuadorian plaintiffs' mandamus petition, the Second Circuit rejected accusations that Judge Kaplan is biased and refused to recuse him or otherwise reassign the case. The Second Circuit vacated the preliminary injunction after receiving on September 16, 2011 a written representation from the Ecuadorian plaintiffs' lawyers that they would not attempt to enforce the Ecuadorian judgment during the pendency of the first instance appeal in Ecuador -- a promise the Ecuadorian plaintiffs repeatedly refused to make to the trial court before and since the preliminary injunction first issued. Chevron's lawsuit against the Lago Agrio plaintiffs and their representatives for violations of the federal RICO statute, common law fraud, and other laws will continue. Chevron's claims are supported by overwhelming evidence -- documented in the Ecuadorian plaintiffs' lawyers' own documents and in their lawyers' own statements caught on videotape -- that the Lago Agrio plaintiffs' lawyers made corrupt payments to an Ecuadorian court official from a secret bank account, forged expert reports that were submitted in the name of court experts and contained fraudulent data, and even participated in the fraudulent drafting of the Ecuadorian court's judgment. There is no legitimate evidence supporting any finding of liability against Chevron because Texaco Petroleum Company cleaned up its share of environmental impacts in Ecuador and the remaining impacts are the responsibility of the government of Ecuador and its state-owned oil company, Petroecuador.

Chevron is disappointed that the trial scheduled for November has been stayed, but remains committed to its consistent goal -- obtaining judicial review on the merits of the Ecuadorian plaintiffs' lawyers' fraud before they are allowed to attempt enforcement of the Ecuadorian judgment. Chevron remains confident that once the full facts are examined, the fraudulent judgment will be found unenforceable and those who procured it will be required to answer for their misconduct.

The Second Circuit's order has no effect on the February 9, 2011 Order for Interim Measures issued by the Bilateral Investment Treaty Arbitration Tribunal presiding over Chevron's claims against Ecuador in the Permanent Court of Arbitration in The Hague. The Treaty Arbitration Tribunal's order continues to require Ecuador to take all measures at its disposal to suspend or cause to be suspended the enforcement or recognition within and without Ecuador of any judgment against Chevron in the Lago Agrio case pending further order of the Tribunal.

Egypt: Ampal Says EMG Begins Arbitration Against Egypt Gas Sellers

Oct 9, http://www.businessweek.com/news/2011-10-09/ampal-says-emg-begins-arbitration-against-egypt-gas-sellers.html

Ampal-American Israel Corp. said its 12.5 percent-owned East Mediterranean Gas SAE filed a request for arbitration with the International Chamber of Commerce after repeated interruptions of gas supply from Egyptian suppliers.

Egypt: Disputes to be settled

Sep 14, http://weekly.ahram.org.eg/2011/1063/ec3.htm

THE EGYPTIAN cabinet is expected to settle the contracts of 17 major investors within days to enable these companies to resume their work in Egypt without the need to revert to arbitration or legal disputes. These companies include, among others, Damac Properties, Al-Futtaim Group and Omar Effendi, the local department store which had been bought by Saudi investor, Anwal.

Egypt: International arbitrators considering 7 lawsuits against Egypt over halting supply of natural gas to Israel (supply renewed)

Oct 23, http://www.imra.org.il/story.php3?id=54217

Seven lawsuits over Egypt's halting of its natural gas supplies through the Sinai pipeline are now being considered by international arbitrators, according to a source at the Egyptian Ministry of Petroleum.

El Salvador: LaGeo Could Lose Concession in El Salvador

Oct. 25, http://en.centralamericadata.com/en/article/home/LaGeo_Could_Lose_Concession_in_El_Salvador

The mixed ownership company for geothermal power generation has failed to deliver the power levels cited in the concession contract for the past 3 year

Energy Community: Dispute settlement procedure initiated against Bosnia and Herzegovina for non-compliance of its legal framework in gas

Oct 7, http://www.energy-community.org/portal/page/portal/ENC_HOME/NEWS/News_Details?p_new_id=5101

On 7 October 2011, the Secretariat sent an Opening Letter to Bosnia and Herzegovina in accordance with Article 12 of the Rules of Procedure for Dispute Settlement. In the Opening Letter, the Secretariat takes the preliminary view that Bosnia and Herzegovina failed to fulfill its obligations under the Energy Community Treaty by not having put in place appropriate legislation in the gas sector. [ECS-8/11]

Energy Community: Dispute settlement procedure initiated against several Contracting Parties for discriminatory allocation of interconnection capacities

Oct 7, http://www.energy-community.org/portal/page/portal/ENC_HOME/NEWS/News_Details?p_new_id=5102

On 7 October 2011, the Secretariat sent Opening Letters to Albania, Montenegro and Serbia in accordance with Article 12 of the Rules of Procedure for Dispute Settlement. The Secretariat takes the preliminary view that these Contracting Parties failed to fulfill their obligations under the Energy Community Treaty by allocating capacity on electricity interconnectors in a discriminatory manner. [case number ECS-9/11, ECS-10/11 or ECS-11/11.]

Energy Community: Secretariat submits a Reasoned Opinion against Serbia in the case concerning the electricity network located on the territory of Kosovo

Oct 7, http://www.energy-community.org/portal/page/portal/ENC_HOME/NEWS/News_Details?p_new_id=5103

On 7 October 2011, the Energy Community Secretariat submitted a Reasoned Opinion in Case ECS-3/08 against Serbia. The case concerns the non-compensation of KOSTT, the transmission system operator of the electricity network located on the territory of Kosovo under the UN Resolution 1244, by EMS, the transmission system operator in Serbia, for certain electricity transits. It also concerns the usage by EMS of the revenues from allocating transmission capacity on electricity interconnectors between the network operated by KOSTT and adjacent systems. The Secretariat is of the view that EMS' conduct, attributable to the Republic of Serbia, fails to comply with Articles 3 and 6 of Regulation (EC) 1228/2003 on conditions for access to the network for cross-border exchanges in electricity. [ECS-3/08]

FDI shadow on India-US bilateral treaty talks

Oct 15, http://business-standard.com/india/news/fdi-shadowindia-us-bilateral-treaty-talks/452637/

Concerns about delays in opening up foreign direct investment across various sectors in India were among the issues raised by those attending a briefing by the United States Trade Representative's office and the state department on the status of negotiations on the India-US bilateral investment treaty (BIT) in Washington, DC on Thursday.

Ghana: Set Up International Arbitration Centre - Shippers Authority

Oct 10, http://www.modernghana.com/news/355147/1/set-up-international-arbitration-centre-shippers-a.html

The Ghana Shippers Authority (GSA) has suggested the establishment of an international arbitration centre to settle commercial disputes emanating from increasing sea-borne trade litigations in the country.

Goldbrook opponent Jilin to appeal partial award

Sep 19, http://www.goldbrookventures.com/media/GBKNrSep22.pdf

Goldbrook Ventures Inc. ("Goldbrook") announces that on September 19, 2011, Jilin Jien Nickel Industry Co., Ltd. ("Jilin Jien"), Jien International Investment Ltd. ("Jien International"), and Jien Canada Mining Ltd. ("Jien Canada") filed a petition in British Columbia Supreme Court seeking an order granting leave to appeal the Partial Final Award of the arbitral tribunal dated July 20, 2011 (the "Award").

As Goldbrook announced on July 20, 2011, the Arbitration Tribunal found in that Award that Goldbrook is entitled under the Shareholder, Joint Bid and Operating Agreement among Goldbrook, Jilin Jien, Jien International and Jien Canada dated August 6, 2009 (the "Shareholders Agreement") to be the holder of 25% of the voting shares of Jien Canada and that an issuance of shares that would have reduced Goldbrook's interest in the Nunavik Nickel Project to 4.21% was not authorized by, and was contrary to, the Shareholders Agreement.

Pursuant to section 31 of the British Columbia Commercial Arbitration Act, in order to obtain leave to appeal, Jilin Jien and its affiliates must establish that the appeal sought is on a question of law arising out of the Award. If Jilin Jien and its affiliates are able to establish that the appeal sought is on a question of law, the petition provides that they must also establish (i) that the importance of the result of the arbitration to the parties justifies the intervention of the court, (ii) that determination of the point of law may prevent a miscarriage of justice, and (iii) that granting of leave is an appropriate exercise of judicial discretion.

Goldbrook will oppose the petition for leave to appeal the Award.

Greece: NewLead Holdings Ltd. Announces Second Favorable Arbitration Award Against TMT Bulk Corp. and Withdrawal of Vessel from Service

Oct 12, http://phx.corporate-ir.net/phoenix.zhtml?c=190546&p=irol-newsArticle&ID=1616245&highlight=

NewLead Holdings Ltd., an international shipping company owning and operating tankers and dry bulk vessels, today announced that it has recently received a second favorable arbitration award against TMT Bulk Corp. ("TMT") for $1,969,821.75 inclusive of interest and costs.

This is the second favorable arbitration award to NewLead. The total amount received to date, under both arbitration awards is $3,968,757.71. Furthermore, in early October 2011, the Company withdrew the second vessel chartered-out to TMT. The first vessel was withdrawn from TMT's service in late September 2011.

To date, only one vessel remains under charter to TMT. The Company is taking all the necessary legal steps to secure payment of its claim in relation to this vessel as well.

TMT has defaulted on a number of charter hires. As of October 11, 2011, the total outstanding amount owed by TMT to NewLead was approximately $9,150,000 exclusive of interest and costs. This amount comprises unpaid hires until October 11, 2011 for all vessels chartered-out to TMT plus damages in connection with TMT's breach of the two terminated charters.

NewLead has commenced London arbitration and has seized maritime and other assets owned by TMT and affiliated companies. Currently, security in the total amount of $5,053,372.01 is held for the Company's claims against TMT and we anticipate that an additional $5,125,000 will be placed as security by TMT today. Following the payment of the later the amount held as security, will total $10,178,372.01.

Michael Zolotas, President and Chief Executive officer of NewLead, stated, "In these difficult times, we will continue to protect the interests of all stakeholders by vigorously pursuing our rights. As this relates to defaulting charters, we will pursue all options and we are confident that we will prevail in our claims."

Hong Kong to pass new law allowing local solicitors to adopt LLP model, says SOJ

Oct 18, http://asia.legalbusinessonline.com/news/breaking-news/hong-kong-to-pass-new-law-allowing-local-solicitors-to-adopt-llp-model-says-soj/107423

New rule to further internationalisation of HK legal market - Secretary of Justice; Shenzhen's special service zone Qianhai to pioneer international arbitration for commercial disputes; HKIAC to set up rep office in Shenzhen's Qianhai.

Hungary: Appointment made to head arbitration panel in INA-Edison dispute

Sep 27, http://www.bbj.hu/business/appointment-made-to-head-arbitration-panel-in-ina-edison-dispute_60478

Hungarian oil and gas company MOL on Tuesday said an appointment had been made to head an arbitration panel in a dispute between MOL's Croatian unit INA and Italy's Edison International.

I.M. Skaugen Group takes delivery of Wintergas #3 - continues arbitration

Sep 16, http://cws.huginonline.com/I/179/PR/201109/1547121_5.html

Although Norgas Camilla has been delivered, we are still proceeding with the arbitration process at HKIAC (Hongkong International Arbitration Centre) for the economic loss we suffered from the delayed delivery.

India - US Bilateral Investment Treaty Discussions Nearly Complete: Anand Sharma

Sep 21, http://pib.nic.in/newsite/erelease.aspx?relid=76118

Chicago Mayor and Former Obama chief of staff to Lead Trade Mission to India - The Union Minister of Commerce Industry and Textiles Shri Anand Sharma, has indicated that the India-US Bilateral Investment Treaty discussions were nearly complete and he would shortly meet USTR Ron Kirk to discuss other issues related to trade and commerce under the Trade Policy Forum mechanism. The Indian Minister is leading a high level industry delegation of Indian CEOs to the US- India Economic Opportunity & Synergies Summit, organized by Federation of Indian Chamber of Commerce (FICCI) and the Executives' Club of Chicago at Chicago on September 20, 2011.

Shri Sharma also had a bilateral meeting with Mr. Rahm Emanuel, Mayor of Chicago who has been a former Congressman and Chief of Staff to President Barack Obama. The Mayor thanked the Minister for his visit and indicating his desire to invigorate and strengthen economic ties with India, announced his intention to lead the first trade mission of his tenure to India. Commerce & Industry Minister welcomed the visit and extended his personal invitation as well as reciprocated by announcing a repeat trade mission to Chicago in 2012. At the Mayor's request Shri Sharma also confirmed that the next meeting of the India Business Forum (IBF) would be held in Chicago. On the occasion of the 150th birth anniversary of Swami Vivekananda in 2013, Mayor Emanuel conveyed the request to Prime Minister Dr. Manmohan Singh to visit Chicago. The Mayor also expressed his interest to promote cultural links with India through the medium of theatre.

At the Inaugural Session, the Minister addressed a wide gamut of issues, and in particular on the continuing economic liberalization process.On the second set of economic reforms in India, CIM assured the audience that it was an ongoing process and the government was committed to furthering reforms. He elaborated that India was an attractive investment destination and a vibrant market. India would be seeking an investment in infrastructure of over a trillion dollars in the next 5 years and United States could be major beneficiary being a leading nation in the world in terms of innovation and technology, which could help India's growth. India provides a stable framework and rule based law that provides an impetus to investors.

Mr. Sharma congratulated the Executives' Club of Chicago for completing 100 years and urged businesses in Chicago to increase business ties.

India-Australia: BIT of a problem down under

Oct 17, http://www.financialexpress.com/news/bit-of-a-problem-down-under/860705/0

At a time when investor confidence in India is low due to corruption scandals and the manner in which many big-ticket foreign investment projects like Cairn-Vedanta and Posco have been dealt with, the last thing India wanted was to be dragged by a foreign investor to an international arbitration-further denting its claim to be an attractive destination for foreign investment. An Australian company, White Industries, has taken India to international arbitration under the India-Australia Bilateral Investment Treaty (BIT) for alleged breaches of the treaty. The hearings in the case are over and the ruling is awaited. The current case is the first BIT dispute after India was flooded with a number of BIT claims by foreign corporations involved in the Dabhol power project in the mid-2000s.

India: Canoro shuts office in India

Sep 13, http://www.business-standard.com/india/news/canoro-shuts-office-in-india/448950/

Canoro Resources, the first company to face cancellation of production-sharing contract (PSC) for an oil block in India, has wound up its operations after it withdrew from the arbitration proceedings for a pre-NELP (new exploration licensing policy) block in Assam.

Canoro's partner in the block, the Kolkata-based Assam Company India Ltd or ACIL, in a letter to the petroleum ministry last month claimed its pre-emptive right on Canoro's 60 per cent interest.

A ministry official said Canoro participated in one arbitration meeting but did not turn up for the subsequent meeting. "Therefore, the arbitration has been closed," he said.

India: Notice to Unitech on arbitration plea by Telenor

Oct 18, http://timesofindia.indiatimes.com/india/Notice-to-Unitech-on-arbitration-plea-by-Telenor/articleshow/10405003.cms

The Company Law Board (CLB) today issued notices to Unitech and its associates on an arbitration plea filed by its foreign partner Telenor with regard to dispute over the rights issue of Uninor.

India: ONGC gives consent for Cairn-Vedanta deal

Sep 27, http://www.thehindubusinessline.com/companies/article2489823.ece

ONGC on Tuesday gave its consent for stake sale in Cairn India to Vedanta Resources, provided Cairn Energy, Vedanta and their affiliates enter a formal agreement with the PSU on royalty and cess conditions.

Indonesia, Thai company agree to name third party to settle dispute

Sep 13, http://www.thejakartapost.com/news/2011/09/13/ri-thai-company-agree-name-third-party-settle-dispute.html

The Indonesian government and Thai oil company PTT Exploration and Production (PTTEP) have agreed to appoint a third party to study potential damages caused by the Montara oil spill in the Timor Sea in August 2009.

Indonesia: International Arbitration Lawsuit Involving Bank Century 'Fugitives' Not Even Begun Yet

Sep 16, http://www.tempointeractive.com/hg/nasional/2011/09/16/brk,20110916-356580,uk.html

Arbitrations in the lawsuit filed against Indonesia by the former shareholders of Bank Century, fugitives Rafat Ali Rifzi and Hesham al Warraq, have not commenced, a lawyer who represents the government has said.

Iran Files Complaint at ICA over Russians' Breach of S-300 Contract

Sep 28, http://english.farsnews.com/newstext.php?nn=9007040405

FNA - Iran lodged a complaint with the International Court of Arbitration against Russia after the latter refused to deliver S-300 air-defense systems to Tehran in compliance with the two countries' contract, Iranian Defense Minister Brigadier General Ahmad Vahidi announced on Wednesday.

Iran has no reason to appeal against Russia's refusal to supply S-300: Lavrov

Oct 10, http://en.trend.az/news/politics/1942636.html

Iran has no legal grounds to apply to the International Court of Arbitration to demand Russia to pay a penalty, because broke a contract on supply anti-aircraft missiles S-300 to Tehran in line with UN sanctions, Russian Foreign Minister Sergei Lavrov told Profile journal, Ria Novosti reported.

Iran: Russia returns to Iran prepayment for S-300 missile - Trend

Sep 28, http://en.trend.az/news/politics/1937872.html

Russia returned to Iran a prepayment that it received for S-300 surface-to-air missile systems , IRNA reported quoting Iranian Defense Minister Ahmad Vahidi as saying.

Ireland-Poland: TPSA Required to Provide EUR 1.5 million in Security in Ireland

Oct 24, https://newsclient.omxgroup.com/cdsPublic/viewDisclosure.action?disclosureId=474718&messageId=579608

In connection with the enforcement proceedings before the High Court Commercial in Dublin, Ireland TPSA is required to provide security in the amount of EUR 1.5 million until the court has made a decision on the enforcement of TPSA's assets in Ireland. The next court date has been scheduled for December 15, 2011.

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. It 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 by the Austrian courts 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.

Jamaica Seeking to Update Arbitration Law

Sep 17, http://www.jis.gov.jm/news/hl.s1/28796

KINGSTON - The country could see a draft amendment to the Arbitration Act by the end of September, as chief legislative drafters in the Ministry of Justice are now seeking to make changes to the law, which has not been updated since 1900.

The Ministry is collaborating with consultant, Professor John Rooney of the University of Miami with a view to adopting elements of the United Nations Commission on International Trade Law (UNCITRAL) Model International Commercial Arbitration Law.

Kazakhstan won't drop tax claim for Karachaganak stake

Oct 4, http://www.lse.co.uk/FinanceNews.asp?ArticleCode=ovgkrpnwpupqkb5&ArticleHeadline=UPDATE_3Kazakhs_wont_drop_tax_claim_for_Karachaganak_stake

Reuters - Kazakhstan will not drop a claim for back taxes from the operators of the Karachaganak project in return for a stake in the lucrative oil and gas field, its oil and gas minister said on Tuesday.

Malaysia: Don't allow EU investors to bypass our courts: MP

Oct 20, http://www.theedgemalaysia.com/in-the-financial-daily/194933-mp-dont-allow-eu-investors-to-bypass-our-courts.html

The government should reject pressure from the European Union (EU) to adopt provisions under the free trade agreement (FTA) that allow investors to bypass Malaysia's legal system and sue the government directly, said a Member of Parliament.

Malaysia: LFE Corporation Bhd has been awarded RM26.35 million in its suit against its major shareholder and former director, Alan Rajendram A/L Jeya Rajendram

Oct 17, http://www.theedgemalaysia.com/highlights/194731-stocks-to-watch-pacmas-leader-public-bank-lfe-corp.html

LFE said the Kuala Lumpur Regional Centre for Arbitration had awarded RM26.35 million, interest at the rate of 8% per annum from Dec 21, 2008, legal costs of RM200,000 and costs of the arbitration of RM104,352

Maldives: Government withdraws amendment to abolish Foreign Investment Act

Oct 18, http://minivannews.com/politics/government-withdraws-amendment-to-abolish-foreign-investment-act-27138

The government today withdrew at the preliminary stage a bill to abolish the Foreign Investment Act of 1979, one of 18 pieces of legislation proposed under its economic reform package currently before parliament.

Presenting the draft legislation in August, MP Alhan Fahmy of the ruling Maldivian Democratic Party (MDP) said the purpose of the bill was to remove restrictions and open the country to unhindered investment by foreign companies.

Most Commonwealth of Independent States (CIS) Countries Sign Up To Free-Trade Zone

Oct 18, http://www.rferl.org/content/cis_putin_free-trade_zone/24364420.html

"The heads of the delegations have had lengthy discussions today and reached a rather unexpected result," Putin said. "We discussed [a free-trade agreement], made some corrections, and adopted its final text."

Myanmar: Investment law set to be updated

Sep 12, http://www.mmtimes.com/2011/business/592/biz59202.html

THE Ministry of National Planning and Economic Development has rewritten the Foreign Investment Law in an attempt to encourage investors before the ASEAN Free Trade Area (AFTA) comes into effect, the ministry's deputy chief director, U Aung Naing Oo, said last week.

Namibia: Walvis Bay Airport arbitration closes - decision expected this year

Oct 18, http://www.informante.web.na/index.php?option=com_content&task=view&id=8902&Itemid=103

The International Chamber of Commerce and Industry is expected to announce its findings at the latest by the end of December this year, after both the Namibian Government and the Spanish construction company INECO put their arguments forward to this international arbitration body over alleged substandard construction work carried out on parts of the extended runway of the Walvis Bay Airport. The expected timing of the outcome of this arbitration hearing was given last Friday to Informant?y the project leader of the Walvis Bay Airport, Hendrik Kruger from Windhoek Consulting Engineers.

Nigerian government and Global Holding in arbitration over Ajaokuta Steel

Oct 23, http://www.steelguru.com/international_news/Nigerian_government_and_Global_Holding_in_arbitration_over_Ajaokuta_Steel/231749.html

"Government and the Global Infrastructure Holdings Limited the Company that was purported to have bought the entity are now in Arbitration. Both parties met in September and are to meet again in January 2012."

Pakistan sets new body to protect its water rights

Sep 27, http://ibnlive.in.com/generalnewsfeed/news/pak-sets-new-body-to-protect-its-water-rights/837526.html

Working as an agency attached to the Water and Power Ministry, the PTWO will coordinate Pakistan's response and policy initiatives with government and military departments, including the ministries of foreign affairs, law and environment, and the chief engineer of the Pakistan Ar

Pakistan-India: ICA decision on Kishanganga a big success: Qamar

Sep 27, http://paktribune.com/news/ICA-decision-on-Kishanganga-a-big-success-Qamar-243911.html

Federal Minister for Water and Power Syed Naveed Qamar on Monday categorically called the interim decision of the International Court of Arbitration (ICA) on the controversial Kishanganga hydropower project "a big success" for the country.

Pakistan-India: Kashmiris Hail Hague Stay on Dam

Sep 27, http://www.international.to/index.php?option=com_content&view=article&id=2613:india-kashmiris-hail-hague-stay-on-dam&catid=80:politics&Itemid=120

IPS - A ruling by the International Court of Arbitration (ICA) at The Hague, staying construction of a dam across a river that flows into Pakistan, has brought cheer to the tribal people who live around the site.

Pakistan-India: Kishanganga on hold

Sep 28, http://www.hydroworld.com/index/display/news_display.1509794700.html

IN AN interim ruling, the International Court of Arbitration (ICA) has restrained India from any 'permanent construction or works' on or above the Kishanganga/Neelum river bed at Gurez site that may inhibit the restoration of the 'flow of the river to its natural channel'. This order has come as big relief to Pakistan that after a decade of unsuccessful negotiations with India on the construction of Kishanganga hydropower project had resorted to settlement through the Court of Arbitration, a dispute resolution mechanism available under the Indus Waters Treaty signed between India and Pakistan in 1960.

Pakistan: PaCCS issue: Agility moves ICSID

Oct 14, http://www.brecorder.com/market-data/stocks-a-bonds/single/636/0/1241902/

M/s Agility has approached the International Centre for Settlement of Investment Disputes (ICSID) at the US against the government of Pakistan to resolve the issue of payments made against customs clearance services under the Pakistan Automated Customs Computerised System (PaCCS).

Pakistan: Tethyan Copper Files Notice Of Dispute With Pakistan Province

Oct 21, http://www.foxbusiness.com/markets/2011/10/20/tethyan-copper-files-notice-dispute-with-pakistan-province/

Tethyan files dispute notice after Baluchistan fails to engage in talks or grant extension to respond to letter; Tethyan prepared to open two international arbitration proceedings; Tethyan still wants to develop Reko Diq with Baluchistan government; Reko Diq copper and gold project could add percentage points to Pakistan's GDP.

Peru: Unesco to hear dispute over ownership of Machu Picchu

Sep 8, http://latino.foxnews.com/latino/entertainment/2011/09/08/unesco-to-hear-dispute-over-ownership-machu-picchu/

Two Peruvian families who say the government never paid them compensation for the expropriation of the Inca citadel of Machu Picchu and surrounding lands plan to take their complaint to the U.N. Educational, Scientific and Cultural Organization, their attorney told Efe.

Philippines: Belgian firm pulling out

Oct 14, http://www.mb.com.ph/articles/337745/belgian-firm-pulling-out

Baggerwerken Decloedt en Zoon (BDC), the Belgian company that proposed the P18.7-billion Laguna Lake Rehabilitation Project (LLRP), is shutting down its Philippine operations while other companies from member-countries of the European Union (EU) are reported to be on the verge of following BDC's lead.

Philippines: Gov't gains ground in airport ownership

Oct 14, http://www.bworldonline.com/content.php?section=Nation&title=Gov%E2%80%99t-gains-ground-in-airport-ownership&id=39946

THE GOVERNMENT is a step closer to gaining ownership of the disputed Ninoy Aquino International Airport Terminal 3 (NAIA-3) after it obtained court approval to deposit in an escrow account its payment for an expropriation claim on the airport.

Philippines: Gov't sued for P4B for canceled dredging

Sep 26, http://newsinfo.inquirer.net/65549/gov%E2%80%99t-sued-for-p4b-for-canceled-dredging

The foreign contractor of the shelved Laguna Lake Rehabilitation dredging project has filed a case at an international arbitration body and sought 70 million euros, or P4 billion, in damages from the Philippine government.

Poland: PGNiG to resort to arbitration if gas price talks with Gazprom fail

Oct 20, http://www.warsawvoice.pl/WVpage/pages/article.php/18469/news

Natural gas group PGNiG will team up with other companies and turn to international arbitration if the renegotiations of gas prices with Russia's Gazprom bear no fruit by the end of October, deputy CEO Radoslaw Dudzinski told reporters during an industry event.

Report: Dutch Bilateral Investment Treaties: A gateway to ?treaty shopping? by multinational corporations for investment protection

Oct 24, http://somo.nl/news-en/dutch-bilateral-investment-treaties-a-gateway-to-2018treaty-shopping2019-by-multinational-corporations-for-investment-protection/

Multinational corporations (MNCs) investing abroad have been using Dutch bilateral investment treaties (BITs) to sue host country governments for over 100 billion dollars for alleged damages to the profitability of their investments. This is one of the outcomes, described in the new SOMO report ?Dutch Bilateral Investment Treaties?, that is launched today, which focuses on the unknown and opaque field of Dutch BITs and their legal impacts. In addition, the majority of the companies availing themselves of the generous investment protections offered by Dutch BITs are so-called ?mailbox companies,? companies with no employees on their payroll and no real economic activity in the Netherlands.

It is a known fact that many transnational corporations choose the jurisdiction of the Netherlands as the base for their global trade and investment operations because of its favorable tax regime that facilitates corporate tax avoidance strategies. Les well known are the unexplored advantages of Dutch investment protection policy for Dutch based MNCs investing abroad. The Dutch bilateral investment treaty network is one of the most extensive in the world. The report argues that current Dutch investment policies are used for treaty shopping, allowing for investor?state dispute settlement that pose a danger to policy space and the safeguarding of public goods and interests. This is not only highly problematic from a sustainable development perspective for Southern countries, but increasingly also for Northern states, as foreign investors, especially from emerging economies, are increasingly making their presence felt in Europe.. SOMO- researcher Roos van Os notes that the practice of treaty shopping increases the possibilities to take advantage of gaps in effective governance of multinational corporations: ?Contrary to recent recommendations of the United Nations, treaty havens such as the Netherlands are often averse to maintaining effective oversight on the extraterritorial operations of MNCs based in their jurisdiction. This increases the governance gap between needed worldwide oversight on multinationals and the stubborn reality.?

The Lisbon Treaty, which came into effect in 2009, has brought foreign direct investment (FDI) under the exclusive competence of the EU. This requires the development of a new common investment policy framework that will in time incorporate the BITs of all EU Member States. The European Parliament has called on all parties to rebalance the rights and obligations of investors. However, leading EU investor states like the Netherlands disregard this call. Researcher Roeline Knottnerus is critical: ?Investment is seen by governments as a development tool. However, there is also growing recognition of the impacts that business activities, in particular those of powerful transnational investors, have on human rights and sustainable development. Coupled with the exponential growth of transnational economic activity since the 1990s, this calls for an urgent reassessment of the frameworks currently guiding the protection of international investment.?

SOMO recommends that the Netherlands cease to facilitate investment treaty shopping. Instead, the country must embrace a standard that counterbalances investor rights with the investor obligations, which are needed to ensure that foreign direct investment contributes to sustainable and equitable development.

Romania expropriation bill 'threatens democray': NGOs

Sep 7, http://www.google.com/hostednews/afp/article/ALeqM5jsAv0uZP_yeYMVYKeQ87w4X9Kfug?docId=CNG.f82080c3f0dd39bfae34fb9650892342.761

A draft law enabling mining companies to expropriate land as they please sparked a vivid debate in Romania Tuesday, with rights groups claiming it would "spell the end of democracy".

The bill, which was adopted by the upper house of parliament in 2009 and should be soon summitted to the lower house, reads that "mining works are in the public interest".

On these grounds, it is no longer up to the state but to mining companies to expropriate land and then pay out compensatiion, it adds.

"This draft law violates the right to private property, Romania's Constitution and several international treaties signed by this country," MaiMultVerde and Alburnus Maior associations said.

Rusal Says 'Senseless' to Invest in Guinea After Mining Law

Sep 13, http://www.businessweek.com/news/2011-09-13/rusal-says-senseless-to-invest-in-guinea-after-mining-law.html

Bloomberg - United Co. Rusal said changes to Guinea's mining laws mean investors will find it "senseless" to agree on new projects for the country, the biggest exporter of the metal's main ingredient.

Russia-China: Transneft, China Fail To Agree On Oil Price Formula

Sep 19, http://www.oilandgaseurasia.com/news/p/0/news/12986

Transneft and China have been unable to reach an agreement on a formula for the price of crude and the issue will now move to arbitration court, Transneft Vice President Mikhail Barkov said.

Russia: Berezovsky Seeks $5.56 Billion From Abramovich Over Sibneft

Oct 3, http://www.bloomberg.com/news/2011-10-03/berezovsky-seeks-5-56-billion-from-abramovich-on-oil-deal-threat-claims.html

Roman Abramovich, the billionaire owner of Chelsea Football Club, was accused in a London trial of using political threats to force his former business partner Boris Berezovsky to sell shares in a Russian oil company.

Russia: BP and oligarchs in arbitration hearing

Sep 29, http://www.cityam.com/news-and-analysis/bp-and-oligarchs-arbitration-hearing

BP faced an arbitration hearing yesterday with its billionaire partners in the Russian joint venture TNK-BP, who are claiming damages against the oil giant for breaching a shareholder pact.

Russia: BP gets relief in Moscow arbitration

Oct 11, http://www.upi.com/Business_News/Energy-Resources/2011/10/11/BP-gets-relief-in-Moscow-arbitration/UPI-51121318330244/?spt=hs&or=er

UPI - A Russian court ruled that documents seized during a raid on the Moscow offices of BP can't be used in a lawsuit filed by sister company TNK-BP.

Russia: Moscow confirms readiness to prosecute Ukraine over gas deals

Sep 16, http://bsanna-news.ukrinform.ua/newsitem.php?id=17195&lang=en

UKRINFORM - Russian Foreign Ministry spokesman Alexander Lukashevich has on Thursday confirmed at a news conference that Moscow is ready to defend its interests over the "gas" dispute with Ukraine in court, Russia's position on this issue has not changed.

Russia: Shipyard drops court appeal

Oct 19, http://www.world-nuclear-news.org/IT-Shipyard_drops_court_appeal-1910114.html

The Russian Legal Information Agency has reported that the Baltiysky Zavod shipyard has dropped its appeal against a court decision to impound the world's first floating nuclear power plant, which it is helping to build. However, proceedings continue in order to determine whether ownership of the nearly complete vessel lies with the shipyard or Rosenergoatom.

Russia: Siberian bank wins $4 mln lawsuit against Baltiysky Zavod shipyards

Oct 18, http://en.infosud.ru/judicial_news/20111018/256472665.html

The latest collection order was issued by the Supreme Commercial Court on September 13: the court's presidium approved the Stockholm arbitration tribunal's 20 million euro award in favor of Stena RoRo AB, Sweden, as losses from the failure to execute contracts on building cargo vessels.

Russia: TNK-BP Holding May Join Class Action Suit Against BP Directors

Oct 18, http://www.businessweek.com/news/2011-10-18/tnk-bp-holding-may-join-class-action-suit-against-bp-directors.html

Bloomberg - OAO TNK-BP Holding, Russia's third- biggest oil producer, may join a lawsuit brought by minority shareholders after the collapse of parent company BP Plc's planned alliance with state-run OAO Rosneft.

Russia: TNK-BP Holding minorities up damage claim against BP to $5 billion

Sep 21, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/Oil/8365924

Minority shareholders in TNK-BP Holding have increased the estimate of their alleged damage from the unrealised deal between TNK-BP and Russia's Rosneft to around Rb154 billion ($4.9 billion) from Rb87.1 billion, a BP Russia spokesman in Moscow said Wednesday.

S'pore to help M'sia set up arbitration centre

Sep 16, http://www.channelnewsasia.com/stories/singaporelocalnews/view/1153331/1/.html

Singapore has offered to help Malaysia set up its own international arbitration centre. Singapore's Foreign and Law Minister K Shanmugam said this after meeting his Malaysian counterpart in charge of legal affairs Nazri Aziz, in Kuala Lumpur on Thursday.

Signing of Taiwan-China investment protection deal uncertain

Oct 11, http://www.taiwannews.com.tw/etn/news_content.php?id=1732127

"We will not sign the agreement until both sides have reached a consensus on all aspects of the pact," Minister of Economic Affairs Shih Yen-shiang said in an interpellation session at the Legislative Yuan.

Singapore: MinLaw to seek public opinion on changes to arbitration law

Oct 20, http://www.channelnewsasia.com/stories/singaporelocalnews/view/1160723/1/.html

The Law Ministry is seeking public opinion on planned changes to Singapore's arbitration law (International Arbitration Act). It is also getting feedback on a new law - one that gives certainty to a time limit where individuals and businesses can commence legal action on cross-boundary cases. Companies can enter into arbitration to resolve disputes out of court, and Singapore is fast becoming popular, even for foreign firms, to resolve disputes.

Slovakia wins arbitration vs Dutch shareholder of health insurers

Oct 24, http://www.finance.gov.sk/en/Default.aspx?CatID=10&id=71

The Slovak Republic wins first health insurance case.

In the international investment arbitration HICEE B.V. v. the Slovak Republic, the arbitral tribunal rendered on 17, October 2011 its final award that concluded the case in favor of the Slovak Republic.

The Dutch company HICEE, B.V., a member of PENTA GROUP and shareholder of the health insurance companies D?ERA zdravotn?oistovna a.s. (?D?ERA?) and Apollo zdravotn?oistovna a.s. (Till December 30, 2009) had alleged violations of the Agreement on the Promotion and Reciprocal Protection of Investment between the Czech and Slovak Federal Republic and the Kingdom of the Netherlands ("SR NL Agreement") arising out of the adoption of a number of changes and amendments to the laws on health insurance since 2007. Based on the alleged violation of the SR NL Agreement, HICEE had originally claimed damages in excess of 1 billion EUR.

In its partial award on jurisdiction dated 23, May 2011, the arbitral tribunal ruled that it did not have jurisdiction over the dispute. The crucial point of the decision was the Tribunal?s acceptance of the argument of the Slovak Republic that HICEE?s indirect interest in D?ERA and Apollo does not fulfill the preconditions for protection contained in Article 1 of the SR NL Agreement, which protects only investments made ?directly or through an investor of a third state?. As a result of the jurisdictional finding in favor of the Slovak Republic, the arbitration did not get enter a merit phase where the tribunal would have reviewed whether or not the changes to the health insurance sector breached any protections of the NL SR Agreement and caused damage to the HICEE B.V. company.

The Slovak Republic was represented by the arbitration team of the firm Skadden, Arps, Slate, Meagher & Flom, under assistance of firm Rowan Legal and JUDr. Jozef Voz? CSc.. The Slovak Republic had paid for its representation over 5,5 million EUR and 250 000 EUR as a deposit for reimbursement of tribunal?s expenses.

The Slovak Republic continues to defend two other investment arbitrations and also three domestic court proceedings initiated by shareholders of health insurance companies.

The decisions of arbitral tribunal from 23, May and 17, October represent the first win for the Slovak Republic in international arbitrations arising out of changes to the health insurance sector. It is also the third recent success of the Slovak Republic in arbitration proceedings initiated by a foreign company under one of the bilateral investment agreements concluded by the Slovak Republic.

In March 2011 the arbitral tribunal in the dispute between Alps Finance and Trade AG (?AFT?) and the Slovak Republic delivered the final award to the Slovak Republic by which the Tribunal ruled in favor of the Slovak Republic after a preliminary jurisdictional phase of the dispute, dismissing all of Claimant AFT?s claims against the State, and ordering that Claimant AFT pay all costs of arbitration to the Slovak Republic, including the State?s costs of legal representation. Claimant AFT had filed its claim against the Slovak on the basis of the Agreement between the Czech and Slovak Federal Republic and the Swiss Confederation on the promotion and reciprocal protection of investments.

In October 2009, following a preliminary jurisdictional phase, the Slovak Republic defeated in its entirety the claim brought by Austrian Airlines AG under the Agreement between the Czech and Slovak Federal Republic and the Republic of Austria on the promotion and reciprocal protection of investments.

Spain's Gallardo files arbitration suit against CSN

Sep 16, http://www.reuters.com/article/2011/09/16/alfonsogallardo-csn-spain-idUSE5E7JC06L20110916

Reuters - Grupo Alfonso Gallardo, the Spanish cement and steel producer that was selling assets to Brazilian rival CSN, denied on Friday breaching terms of that contract.

Sri Lanka: 'World class Arbitration Court Complex in Colombo, a priority'

Oct 12, http://www.dailynews.lk/2011/10/12/news36.asp

"The International Law on Arbitration is the dominant commercial law that unites the world of commerce. The standard set by the New York Arbitration Convention is the basis of arbitration systems of the world, said ICLP Arbitration Centre Secretary General S S Wijeratne. He said that the proposal by Justice Minister Rauf Hakeem endorsed by President Mahinda Rajapaksa to set up a world class Arbitration Court complex in Colombo needs to be given priority.

Taiwan and Japan to Sign Investment Protection Agreement

Sep 22, http://cens.com/cens/html/en/news/news_inner_37834.html

aiwan and Japan will sign an investment protection agreement today, which Shih Yen-shiang, minister of economics, characterizes as a progressive and comprehensive agreement, due to the inclusion of investment protection, promotion, and liberalization.

Taiwan seeking further French La Fayette-related compensation

Oct 12, http://focustaiwan.tw/ShowNews/WebNews_Detail.aspx?Type=aALL&ID=201110120034

CNA - The government is seeking more compensation from France for its violation of a no-commission promise in a sub-contract related to a 1991 deal in which Taiwan obtained six French-made La Fayette warships, Defense Minister Kao Hua-chu said Wednesday.

Taiwan-China: Investment pact with China still hung up over arbitration issue

Sep 18, http://focustaiwan.tw/ShowNews/WebNews_Detail.aspx?Type=aALL&ID=201109180012

Negotiations between Taiwan and China on a bilateral investment protection pact continue to be stalled by a failure to reach a consensus on a potential deal's dispute arbitration mechanism, officials familiar with the issue said Sunday.

Taiwan-China: MAC sees progress on cross-strait investment protection pact

Oct 12, http://www.taiwannews.com.tw/etn/news_content.php?id=1733924

CNA - Substantial progress has been made between Taiwan and China in the negotiation of an investment protection agreement, although they will not ink the pact in the upcoming top-level talks, a senior official said Wednesday.

Tanesco: Paying Dowans will paralyse power supply

Oct 18, http://thecitizen.co.tz/news/4-national-news/16261-tanesco-paying-dowans-will-paralyse-power-supply.html

Tanzania Electric Supply Company (Tanesco) says it would not afford to pay $65 million (nearly Sh110bn) in compensation it has been ordered to pay a private power generating company.In court papers filed to appeal against a High Court judgement that withheld the compensation, Tanesco argues that its operations could be severely affected by the huge payment owed to Dowans Tanzania Limited and Dowans Costa Rica.

Tanzania: Experts question land laws in agric investments

Oct 16, http://www.ippmedia.com/frontend/index.php?l=34440

President Jakaya Kikwete is set to inaugurate a high profile Lake Tanganyika zone investors' forum tomorrow in Mpanda District in the new Katavi Region. However, academicians, economists, politicians and other stake holders have warned that under the current land laws and policies, the investment amounts to exploitation and a form of colonialism.

Tanzania: Govt given ultimatum over Dowans payments

Oct 12, http://www.ippmedia.com/frontend/index.php?l=34298

The government was yesterday issued a two days ultimatum to suspend payment of 94bn/- compensation to Dowans Holdings as instructed by international court. The ultimatum was given by a coalition of activists who have threatened to stage peaceful demonstrations on Friday if the government does not respond positively to their demand.

Turkcell: ?kurova gets a lifeline

Oct 12, http://blogs.ft.com/beyond-brics/2011/10/12/turkcell-cukurova-gets-a-lifeline/#axzz1aeieNZRb

In a decree issued on Tuesday with immediate effect, Turkey's Capital Markets Board said the country's top listed companies must have no fewer than two independent members on their boards, and that independents must account for at least a third of the board total.

Turkey's Cukurova Holding evaluating ICC arbitration decision - CNBC

Sep 30, http://www.cnbc.com/id/44731135

Turkey's Cukurova Holding said on Friday it is still evaluating the arbitration decision taken by the International Chamber of Commerce (ICC).

Turkey: Cukurova ordered to pay damages of USD 932 million to TeliaSonera

Sep 30, http://www.teliasonera.com/media/press-releases/2011/9/cukurova-ordered-to-pay-damages-of-usd-932-million-to-teliasonera/

An arbitration tribunal of the International Chamber of Commerce (ICC) has issued its final award related to a dispute concerning the 2005 Turkcell Holding share purchase agreement between TeliaSonera and Cukurova. The tribunal orders Cukurova to pay damages to TeliaSonera in an amount of USD 932 million, plus interest.

The arbitration tribunal has earlier issued partial awards. The first award was issued in January 2007, stating that a binding share purchase agreement between TeliaSonera and Cukurova was concluded and ordering Cukurova to close the transaction. In a second partial award, issued in July 2009, the arbitration tribunal further stated that Cukurova must deliver all the remaining shares in Turkcell Holding to TeliaSonera for a cash consideration of USD 3.1 billion.

Under the rules of the ICC, which Cukurova has agreed to be bound by, the parties undertake to carry out any award without delay and shall be deemed to have waived their right to any form of recourse.

Cukurova has in no way acted or showed any interest in acting in accordance with its obligations under any of the earlier partial awards. TeliaSonera therefore turned to the arbitration tribunal and requested the tribunal to award damages.

The arbitration tribunal of the ICC has now ordered Cukurova to pay damages to TeliaSonera in an amount of USD 932 million. In addition, the amount awarded shall bear interest from 30 June 2007 until full payment by Cukurova, at the highest rate paid by the Turkish State Banks for one year term deposit accounts in USD.

"The damages and compound interest which have been awarded represent a significant amount of money. Given Cukurova's total disregard of previous arbitration awards, we will take immediate action to recover damages in countries where Cukurova has assets," says Cecilia Edstr?Senior Vice President and Head of Group Communications.

"In November 2009, we agreed with Altimo to collaborate and align our efforts to resolve all ongoing legal disputes between each of us and Cukurova. The final ICC award and the recent decision by the Court of Appeal of the Eastern Caribbean Supreme Court in favour of Altimo are important steps in the right direction. We will now join forces to implement the award and seek for a speedy resolution of a conflict which has affected Turkcell far too long," says Cecilia Edstr?Senior Vice President and Head of Group Communications.

Turkey: TeliaSonera says Turkcell deadlock more urgent than damages

Oct 19, http://www.totaltele.com/view.aspx?ID=468564

TeliaSonera AB must focus on breaking the board deadlock at Turkcell Iletisim Hizmetleri AS, in which it is the largest shareholder with a 38% stake, the Swedish telecoms company's chief executive said Wednesday, while playing down the importance of the $1 billion in damages it received from rival shareholder Cukurova Holding.

Uganda could refund $405m in tax as oil company lodges dispute in London

Sep 25, http://www.theeastafrican.co.ke/news/Uganda+could+refund++405m+in+tax/-/2558/1242562/-/lqh9rw/-/

According to documents seen by The EastAfrican, Heritage makes further claims on interests on the sum accruing from May last year, and damages for delay on the part of government to transfer its interest to Tullow oil.

Uganda-Tullow venture delayed by disagreement - MarketWatch

Sep 26, http://www.marketwatch.com/story/uganda-tullow-venture-delayed-by-disagreement-2011-09-26

Dow Jones - Ugandan lawmakers said Monday they are seeking an emergency session this week to discuss an ongoing tax disagreement with London-listed Heritage Oil PLC. Uganda is contesting a key provision of its current oil agreement with U.K.-based Tullow Oil PLC (TLW.LN) in the latest dispute to delay the long-discussed $2.93 billion sale of its stake in three oil blocks to French oil major Total SA and China's CNOOC. President Yoweri Museveni sent a directive blocking the signing of the agreement, which was originally scheduled for Sept. 15, according to two people familiar with the matter. Museveni opposes a "stabilization" clause in the agreement that the country fears could limit its share of additional cash if oil prices rise significantly from today's level.

Uganda: MPs call for a halt on Gov't execution of oil contracts and transactions

Sep 2011, http://www.newvision.co.ug/news/18344-mps-call-for-a-halt-on-gov-t-execution-of-oil-contracts-and-transactions.html

The call was contained in a motion appealing for the regularisation of the oil sector in Uganda. The mover of the motion Theodore Ssekikubo (NRM) asked Parliament to put a moratorium on executing oil contracts and transactions until the necessary laws have been passed by Parliament to put into effect the Oil and Gas Policy.

Uganda: Oil Deals - Four Legislators in London As Police Go to Dubai

Oct 17, http://allafrica.com/stories/201110171679.html

Four Members of Parliament yesterday left for London to meet lawyers representing Uganda in a case in which Heritage Oil sued Uganda over an oil tax amounting to $404m (about sh1.1 trillion). Western Uganda Youth representative, Gerald Karuhanga, Kajara MP Stephen Tashobya, Bakka Mugabi (Bukooli North) and Florence Namayanja (Bukoto East) left for London yesterday to oversee the arbitration case. "We were sponsored by Parliament to travel to London to oversee how the arbitration case is going to be heard and how our lawyers are going to represent us," Mr Karuhanga, who was at the airport, told Daily Monitor yesterday. The hearing of the case begins tomorrow.

Brussels Cools Ties With Ukraine

Oct 18, http://online.wsj.com/article/SB10001424052970204346104576638824132703998.html

The European Union said a meeting with Ukrainian President Viktor Yanukovych had been postponed after he rejected calls from Western capitals to release the jailed former Prime Minister Yulia Tymoshenko.

Ukraine ex-prime minister convicted of abuse of power

Oct 11, http://www.latimes.com/news/nationworld/world/la-fg-ukraine-conviction-20111012,0,7918429.story

Yulia Tymoshenko, a popular figure from Ukraine's 2004 Orange Revolution, is found guilty of exceeding her powers when she signed a gas deal with Russia in 2009 and is sentenced to seven years in prison.

Ukraine: Tymoshenko to face more trials

Oct 15, http://english.ruvr.ru/2011/10/15/58790436.html

Ukraine's former Prime Minister Yulia Tymoshenko was sentenced to 7 years for abuse of office and inflicting nearly $200mln of damage to the state. Ever since the conviction was pronounced this week, experts have been speculating on the future of gas contracts signed by Russia and Ukraine and on Ukraine's future relations with the EU.

Uruguay: Philip Morris says closes plant in Uruguay amid lawsuit

Oct 22, http://www.reuters.com/article/2011/10/22/philipmorris-uruguay-idUSN1E79K1YZ20111022?feedType=RSS&feedName=marketsNews

Reuters - U.S. tobacco giant Philip Morris said on Friday it shut down its plant in Uruguay because the country's anti-smoking policies make business unprofitable.

United States Senate Approves U.S. - Rwanda Bilateral Investment Treaty

Sep 27, http://www.state.gov/r/pa/prs/ps/2011/09/174101.htm

The United States Senate approved the United States-Rwanda Bilateral Investment Treaty (BIT) on September 26 by unanimous consent. The Department of State applauds the Senate's approval of the treaty and is pleased that the Senate's longstanding tradition of bipartisan support for these treaties has been upheld. This treaty demonstrates Rwanda's commitment to the economic reforms that will help enable sustainable economic development and opportunity.

US to soon hold technical talks with India on investment pact

Oct 15, http://zeenews.india.com/business/international/us-to-soon-hold-technical-talks-with-india-on-investment-pact_32283.html

Describing India as an "Asian tiger", the Obama administration has said it will soon hold technical discussions with the country on a "next generation" bilateral investment treaty, through which the US aims to attract billions of dollars of investment and create jobs.

US: BP Announces Settlement with Anadarko Petroleum Company of Claims Related to Deepwater Horizon Accident

Oct 17, http://www.bp.com/genericarticle.do?categoryId=2012968&contentId=7071823

BP today announced that it has reached agreement with Anadarko Petroleum Company ("Anadarko") to settle all claims between the companies related to the Deepwater Horizon accident. Anadarko - which had a 25 per cent interest in the MC252 (Macondo) prospect - and BP have concluded that entering into a settlement is in the best interest of the parties to resolve pending disputes. The agreement is not an admission of liability by any party regarding the accident.

Under the settlement agreement, Anadarko will pay BP $4 billion in a single cash payment. BP will apply the payment to the $20 billion trust it established that is available to meet individual, business and government claims, as well as the cost of the natural resource damages. Anadarko will also transfer all of its 25 per cent interest in the MC252 lease to BP.

In addition, Anadarko will no longer pursue its allegations of gross negligence with respect to BP. Anadarko and BP have agreed to work cooperatively with respect to indemnified claims, and Anadarko has the opportunity for a 12.5 per cent participation in future recoveries from third parties or insurance proceeds cumulatively exceeding $1.5 billion, up to a total cap of $1 billion.

Finally, the parties have also agreed to mutual releases of claims against each other. BP has agreed to indemnify Anadarko for certain claims arising from the accident. However, BP's indemnity excludes civil, criminal or administrative fines and penalties, claims for punitive damages, and certain other claims.

"This settlement represents a positive resolution of a significant uncertainty and it resolves the issues among all the leaseholders of the Macondo well," said Bob Dudley, BP group chief executive. "There is clear progress with parties stepping forward to meet their obligations and help fund the economic and environmental restoration of the Gulf. It's time for the contractors, including Transocean and Halliburton, to do the same."

BP previously announced settlements with MOEX, which had a 10 per cent interest in the Macondo well, and Weatherford, which provided drilling equipment. Consistent with official investigations that found the accident was the result of multiple causes, involving multiple parties, BP is working to ensure that other parties, including Halliburton and Transocean, contribute appropriately. Multiple official investigations, including those conducted by the Presidential Commission and the Marine Board of Investigation, found that conduct by those parties contributed to the accident. The issuance of regulatory violations last week to BP, Transocean and Halliburton by the US Department of Interior demonstrates that the contractors responsible for well control and cementing, not just the operator, should be held accountable for their conduct.

From the outset, BP has committed to paying all legitimate claims and fulfilling its obligations to the Gulf Coast communities under the Oil Pollution Act. BP has to date paid out more than $7 billion.

US: Chevron may rethink Ecuador strategy after US court move on Shell: analyst

Oct 18, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/Oil/6594193

Chevron likely wants a resolution in the ongoing legal dispute over the former Texaco assets in Ecuador, Oppenheimer analyst Fadel Gheit said Tuesday, adding that Monday's US Supreme Court agreeing to hear a case charging Shell for human rights violations in Nigeria could hold implications for Chevron.

US: Colorado district court dismisses diamond corporation's claims against LUKOIL

Oct 26, http://en.infosud.ru/judicial_news/20111026/256692235.html

RAPSI - A Colorado district court (USA) has dismissed all the claims Archangel Diamond Corporation (ADC) filed against Russian major oil producer LUKOIL, the oil company reported.

US: Court to hear bid to sue Shell for Nigerian abuses

Oct 17, http://www.google.com/hostednews/ap/article/ALeqM5hyexMQLQcxybTqMEixs1LG3o0H7A?docId=5816aba4419040dd935c7f997fca7564

AP - The Supreme Court said Monday it will use a dispute between Nigerian villagers and oil giant Royal Dutch Shell to decide whether corporations may be held liable in U.S. courts for alleged human rights abuses overseas.

US: Group challenges secret court arbitration in Delaware

Oct 15, http://www.bostonherald.com/business/technology/general/view.bg?articleid=1376006&srvc=rss

An open-government group has filed a federal lawsuit challenging a law that allows members of Delaware?s Court of Chancery to oversee secret arbitration proceedings in business disputes.

US: Imagenetix Announces Interim Award in Arbitration with TriPharma

Sep 19, http://www.sys-con.com/node/1987093

Imagenetix, Inc. announced today that it received an adverse decision in an interim arbitration award arising out of its pending dispute with former distributor TriPharma, LLC and its principal, Evan Dameshek. The arbitration is pending before a private arbitrator and is conducted under the rules of JAMS (Judicial Arbitration and Mediation Services) in San Diego, California. The interim award against the Company and its President, William Spencer, is for approximately $2.2 million plus as yet not determined legal fees and interest. "We obviously are not happy with the outcome of this case and are considering our legal options," said Mr. Spencer.

US: Magal Announces an Award of Approximately $2.5 Million from Arbitration

Oct 15, http://www.magal-s3.com/57457.html

Magal Security Systems Ltd. today announced that it has collected an award of approximately $2.5 million, arising from a lengthy arbitration proceeding. The arbitration was with a former customer in Eastern Europe regarding a contract to supply a comprehensive security solution for a sensitive site and followed the unwarranted cancellation in 2006. Magal expects to record income of $2.2 million from the arbitration, net of legal expenses. The defendant has notified Magal that it may seek to vacate the judgment.

Venezuela has proposed $1 billion compensation for Exxon

Sep 22, http://www.reuters.com/article/2011/09/22/us-exxon-venezuela-idUSTRE78K7I420110922

Reuters - Venezuela has proposed paying Exxon Mobil Corp $1 billion in compensation for the nationalization of its assets in 2007, much less than the U.S. oil giant wanted, the energy minister said on Wednesday.

Venezuela says Exxon lowered compensation demands

Sep 22, http://www.menafn.com/qn_news_story.asp?storyid=%7Bc36de3a8-0258-4973-aaa0-f4770d236191%7D

The top lawyer for the Venezuelan government, Carlos Escarra, said ExxonMobil has lowered its compensation demands for nationalized oil assets from $20 billion to $6 billion.

Venezuela's PDVSA in Talks on $6 Billion Settlement With Exxon Mobil

Sep 21, http://www.bloomberg.com/news/print/2011-09-21/exxon-pdvsa-arbitration-negotiations-at-6-billion-escarra-says.html

Petroleos de Venezuela SA, the state oil company, and Exxon Mobil Corp. (XOM) are negotiating an arbitration settlement of about $6 billion for assets seized by President Hugo Chavez in 2007.

Venezuela: Ch?z insists on amicable agreement with Owens Illinois

Sep 29, http://www.eluniversal.com/economia/110929/chavez-insists-on-amicable-agreement-with-owens-illinois

Venezuelan President Hugo Ch?z on Thursday confirmed his plans to seize Owens Illinois plants in Venezuela in a friendly manner.

Venezuela: Ch?z Moves to Exit Global Dispute Forum

Sep 13, http://online.wsj.com/article/SB10001424053111903285704576560760106674594.html?mod=googlenews_wsj

President Hugo Ch?z of Venezuela has taken steps to pull out of the global forum most used to settle investor disputes, where Caracas faces more than $40 billion in claims for nationalized properties. Venezuelan officials have drawn up plans, at Mr. Ch?z's order, to withdraw from the International Centre for the Settlement of Investment Disputes, or ICSID, a unit of the World Bank in Washington, according to recent documents reviewed by The Wall Street Journal.

Venezuela: Ch?z moves to return indigenous lands

Oct 20, http://lapress.org/articles.asp?art=6486

President Hugo Ch?z on Oct. 12 gave the green light for the expropriation of 15,808 hectares (39,000 acres) that comprise 25 lots in the northwestern state of Zulia, so that the Yupka indigenous people can move on the land. The announcement was made on the Day of Indigenous Resistance, which is celebrated instead of Columbus Day.

Venezuela: No Direct Talks In Exxon Arbitration - Venezuela Oil Minister

Sep 22, http://online.wsj.com/article/BT-CO-20110922-700122.html

Dow Jones - Venezuela's oil minister moved quickly Wednesday to quash media reports that the member of the Organization of Petroleum Exporting Countries was negotiating a $6 billion settlement in its arbitration case with Exxon Mobil Corp. (XOM), and released a statement saying the sides weren't in direct talks.

Venezuela: Owens-Illinois seeks arbitration against Venezuela

Sep 28, http://www.cnbc.com/id/44708611

U.S.-based glass container manufacturer Owens-Illinois Inc. said Wednesday it is seeking international arbitration in a dispute with Venezuela over the expropriation of two factories in the South American nation.

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.

Cairo hosts major arbitration conference

Oct 12, http://arabnews.com/middleeast/article516921.ece

The Cairo headquarters of the Arab League hosted an important conference that ended on Tuesday to discuss implementation of a 2000 convention on settling investment disputes in Arab countries.

JOBS / MOVES

SIAC Appoints Two New Board Members from India and China

Sep 30, http://www.siac.org.sg/cms/index.php?option=com_content&view=article&id=321:siac-appoints-two-new-board-members-from-india-and-china&catid=1:latest-news&Itemid=50

Professor Michael Pryles, Chairman of Singapore International Arbitration Centre, is pleased to announce that Mr Nishith Desai and Ms Ariel Ye have been appointed to serve on the SIAC Board of Directors. Mr Desai and Ms Ye are leading international arbitration practitioners from India and China which are SIAC's leading markets and their expertise will compliment the depth and breadth of experience within the SIAC Board.

JAMS International Strengthens Its Position as Global ADR Leader, Launches More Than 40 New Panellists

Sep 21, http://www.jamsinternational.com/news/jams-international-strengthens-its-position-as-global-adr-leader-launches-more-than-40-new-panelists

London - JAMS International, the European arm of JAMS, the world's largest private provider of mediation and arbitration services, announced today that it launched more than 40 mediators and arbitrators as part of its European panel. The launch of the panel, which brings together some of the most seasoned Alternative Dispute Resolution specialists in the world, cements JAMS International's growing presence in the global ADR community.

BOOKS

Is Arbitration Only As Good as the Arbitrator? Status, Powers and Role of the Arbitrator

Edited by: Yves Derains, Laurent Levy
Publisher: International Chamber of Commerce
Format: Paperback
ISBN13: 9789284201099

Whether arbitration is only as good as the arbitrator is a question that has often been asked. Indeed, an arbitration procedure can be a quick and efficient means of dispute resolution that can save parties a lot of money compared to a court procedure. However, arbitral awards, unlike court judgements, are not subject to ordinary judicial remedies and there is no recourse available against an award which is substantially wrong.

ICSID

New: Mamidoil Jetoil Greek Petroleum Products Societe Anonyme S.A. v. Republic of Albania (ICSID Case No. ARB/11/24)

Hydrocarbons Industry, Registered September 12. Tribunal not yet constituted

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

Award of September 2 now available at http://bit.ly/ICSID

New: Mamidoil Jetoil Greek Petroleum Products Societe Anonyme S.A. v. Republic of Albania (ICSID Case No. ARB/11/24)

Oil storage and distribution project, Registered September 12

New: RSM Production Corporation v. Republic of Cameroon (ICSID Case No. CONC/11/1)

Hydrocarbons Exploration and Exploitation Concession Agreement, Registered September 19

New: OI European Group B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/25)

Industrial plants for production and distribution of glass containers, Registered September 26

New: Tenaris S.A. and Talta - Trading e Marketing Sociedade Unipessoal LDA v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/26)

Hot briquetted iron production plant, Registered September 30

New: Mobile TeleSystems OJSC v. Turkmenistan (ICSID Case No. ARB(AF)/11/4)

Telecommunications enterprise, Registered October 05

Agility for Public Warehousing Company K.S.C. v. Islamic Republic of Pakistan (ICSID Case No. ARB/11/8)

Constitution of Tribunal September 08. Composition of Tribunal: L.Y. Fortier; C.N. Brower; S. Moollan. http://www.brecorder.com/market-data/stocks-a-bonds/single/636/0/1241902/

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

Status of Proceeding: the suspension of the proceeding is extended, pursuant to the parties' agreement on August 2

I?le Insaat Limited Sirketi v. Turkmenistan (ICSID Case No. ARB/10/24)

Status of Proceeding: the Tribunal issues a procedural order on September 9, 2011, concerning the Respondent's request to address the objections to jurisdiction as a preliminary question

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

Status of Proceeding: the Tribunal holds a hearing on provisional measures in Zurich on September 8-9

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

Status of Proceeding: the Claimant files a reply on the merits and a rejoinder on jurisdiction on september 9

UAB "ARVI" ir ko and UAB "SANITEX" v. Republic of Serbia (ICSID Case No. ARB/09/21)

Status of Proceeding: the Claimants file a counter-memorial on jurisdiction on September 9

Perenco Ecuador Limited v. Republic of Ecuador(ICSID Case No. ARB/08/6)

Status of Proceeding: the Claimant files a revised memorial on the merits on August 5

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

Status of Proceeding: the proposal for disqualification of an arbitrator is declined; the proceeding is resumed on September 7

Longreef Investments A.V.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/5)

Tribunal Constituted September 02. President: David A.O. EDWARD (British) Arbitrators: Enrique G?EZ-PINZ? (Colombian) Alexis MOURRE (French)

Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9)

Decision on Annulment, September 16, available in English and Spanish at http://bit.ly/ICSID

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

Tribunal Constituted: September 21.

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

Status of Proceeding: Tribunal holds a first session in Paris on September 15

Caravel?otaruse Transmisora de Energ?S.A.C. v. Republic of Peru (ICSID Case No. ARB/11/9)

Status of Proceeding: Tribunal holds a first session in Washington, D.C. on October 4

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

Tribunal Constituted: October 05.

Nova Scotia Power Incorporated v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/11/1)

Tribunal Constituted: September 16

T? Petrolleri Anonim Ortakligi v. Republic of Kazakhstan (ICSID Case No. ARB/11/2)

Tribunal Constituted: September 27

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

Tribunal Reconstituted: September 15

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

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

Mr. David Minnotte and Mr. Robert Lewis v. Republic of Poland (ICSID Case No. ARB(AF)/10/1)

Status of Proceeding: Claimants file a request for provisional measures on September 26

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 supplemental counter-memorial on jurisdiction on September 28

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

Status of Proceeding: Tribunal issues a procedural order concerning production of documents on September 19

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

Tribunal Reconstituted: September 15

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

Status of Proceeding: Respondents file a supplemental counter-memorial on jurisdiction on September 28

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

Status of Proceeding: Tribunal issues Procedural Order No. 7 concerning the procedural calendar on October 5

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

Status of Proceeding: Respondent files a memorial on jurisdiction on September 24

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

Status of Proceeding: Tribunal issues a procedural order concerning the Claimants' request of July 29 on September 22

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

Status of Proceeding: Respondent files a counter-memorial on the merits on September 29

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

Status of Proceeding: ad hoc Committee holds a first session by telephone conference on September 26

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

Status of Proceeding: Respondent files a rejoinder on jurisdiction and merits on September 12

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

Status of Proceeding: each party files a post-hearing brief on September 30

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

Status of Proceeding: Respondent files a rejoinder on the merits on October 7

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

Status of Proceeding: Tribunal issues a decision on September 16, on the Claimant's request to submit new evidence

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 revised counter-memorial on the merits and quantum on September 27

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

Status of Proceeding: Respondent files a supplemental memorial on counter-claims on September 30

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

Status of Proceeding: Claimants file a reply on the merits on September 15

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

Status of Proceeding: Claimants file a rejoinder on jurisdiction on September 29

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

Status of Proceeding: Claimants file a request for provisional measures on September 30

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

Status of Proceeding: parties file post-hearing briefs on September 23

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

Status of Proceeding: ad hoc Committee recently constituted)

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

Status of Proceeding: Nations Energy, Inc. and others file a reply on provisional measures on October 6

Abaclat and others v. Argentine Republic (ICSID Case No. ARB/07/5)

Status of Proceeding: Respondent files a proposal for disqualification of two arbitrators; the proceeding is suspended on September 15

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

Status of Proceeding: Tribunal issues a decision on the admissibility of new evidence on September 29

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

Status of Proceeding: Claimants file a request for provisional measures on September 30

Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/04/6)

Status of Proceeding: Tribunal holds a hearing on jurisdiction and merits in Washington, D.C. on October 3-6

Azurix Corp. v. Argentine Republic (ICSID Case No. ARB/03/30)

Status of Proceeding: proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) on September 27

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

Status of Proceeding: Tribunal issues a procedural order concerning production of documents on September 26

Plama Consortium Limited v. Republic of Bulgaria (ICSID Case No. ARB/03/24)

Reconstitution of Tribunal: October 03

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

Status of Proceeding: Claimant files a response to the Respondents' supplemental counter-memorial on jurisdiction on October 10

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: Claimant files a response to the Respondents' supplemental counter-memorial on jurisdiction on October 10

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

Status of Proceeding: Respondent files a counter-memorial on the merits on October 7

New: Baggerwerken Decloedt En Zoon NV v. Republic of the Philippines (ICSID Case No. ARB/11/27)

Dredging operations, Registered October 11. News report http://bit.ly/qEvnog

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

Status of Proceeding: Tribunal issues Procedural Order No. 4 concerning production and confidentiality of documents on October 11

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

Status of Proceeding: following appointment by the Claimants, Francisco Orrego Vicu??Chilean) accepts his appointment as arbitrator on September 21

Koch Minerals S? and Koch Nitrogen International S? v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/19)

Status of Proceeding: following appointment by the Claimant, Mr. Marc Lalonde (Canadian) accepts his appointment as arbitrator on September 27

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

Status of Proceeding: following appointment by the Respondent, Mr. Toby T. Landau (British) accepts his appointment as arbitrator on September 26

Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v. Republic of Poland (ICSID Case No. ARB(AF)/11/3)

Tribunal Constituted: October 11 - M.A. Khan; F. Orrego Vicu??C. Von Wobeser

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

Status of Proceeding: Tribunal issues a procedural order concerning the procedural calendar on October 13

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

Status of Proceeding: Respondent files a reply on jurisdiction on October 10

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

Status of Proceeding: Tribunal issues a procedural order concerning the organization of the hearing on jurisdiction and the merits on October 12

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

Status of Proceeding: Tribunal issues Procedural Order No. 11 concerning the organization of the hearing on the merits on October 12

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

Status of Proceeding: Georgia files observations on Ron Fuchs' request for provisional measures on October 6

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

Status of Proceeding: Georgia files observations on Ioannis Kardassopoulos' request for provisional measures on October 6

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

Status of Proceeding: following appointment by the Claimant, Doak Bishop (U.S.) accepts his appointment as arbitrator on October 17

Koch Minerals S? and Koch Nitrogen International S? v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/19)

Status of Proceeding: following appointment by the Respondent, Florentino P. Feliciano (Philippine) accepts his appointment as arbitrator on October 17

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

Status of Proceeding: Respondent files preliminary objections on October 18, 2011, pursuant to ICSID Arbitration Rule 41(5))

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

Tribunal Constituted October 24. T. Cheng; B. Hanotiau; P. Sands

Flughafen Z?A.G. and Gesti?? Ingener?IDC S.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/19)

Status of Proceeding: Claimants file a memorial on the merits on October 21

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

Status of Proceeding: Tribunal issues a decision on jurisdiction on October 24, 2011; attached to the decision is a dissenting opinion by arbitrator J. Christopher Thomas

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

Status of Proceeding: Tribunal holds a pre-hearing organizational meeting with the parties by telephone on October 20

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

Status of Proceeding: each party files a submission on costs on October 21

Abaclat and others v. Argentine Republic (ICSID Case No. ARB/07/5)

Status of Proceeding: Claimants file observations on the proposal for disqualification on October 21

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

Status of Proceeding: Tribunal holds a pre-hearing organizational meeting with the parties by telephone on October 20