issue #12, week 52. 28 December 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 5 (2011) - Resolving International Business Disputes by ADR in Asia

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NEWS

ICC surveys in-housers on arbitration process

Dec 5, http://www.thelawyer.com/icc-surveys-in-housers-on-arbitration-process/1010530.article

The move comes as the ICC gets ready to implement a new set of rules aimed at cutting costs to attract more litigants to alternative -dispute resolution.

The rules, which come into force in January, have been broadly welcomed by the arbitration community for offering practical -methods of dealing with the age-old problems of time and cost.

ICJ: Nicaragua institutes proceedings against Costa Rica with regard to violations of Nicaraguan sovereignty and major environmental damages to its territory

Dec 22, http://www.icj-cij.org/docket/files/152/16857.pdf

THE HAGUE, 22 December 2011. Today, the Republic of Nicaragua instituted proceedings against the Republic of Costa Rica with regard to "violations of Nicaraguan sovereignty and major environmental damages to its territory".

ICJ: United Nations General Assembly and Security Council elect Ms Julia Sebutinde (Uganda) as a Member of the Court

Dec 15, http://www.icj-cij.org/presscom/files/5/16855.pdf

The General Assembly and the Security Council of the United Nations elected on Tuesday 13 December Ms Julia Sebutinde as a Member of the International Court of Justice (ICJ) for a term of office of nine years, beginning on 6 February 2012.

PCA Optional Rules for the Arbitration of Disputes Relating to Outer Space Activities

Dec 6, http://www.pca-cpa.org/shownews.asp?nws_id=323&pag_id=1261&ac=view

On December 6, 2011, the Administrative Council of the Permanent Court of Arbitration (the "PCA") adopted the "PCA Optional Rules for the Arbitration of Disputes Relating to Outer Space Activities."

The project was set in motion in 2009 by the PCA's Secretary-General, Mr. Christiaan M.J. Kröner, in response to a perceived need for specialized dispute resolution mechanisms in the rapidly evolving field of outer space activities. The text was developed by the International Bureau of the PCA, in conjunction with an Advisory Group of leading experts in air and space law.

The Advisory Group is chaired by H.E. Fausto Pocar, judge of the International Criminal Tribunal for the Former Yugoslavia. The other members of the Advisory Group are Dr. Tare Brisibe, Prof. Frans von der Dunk, Prof. Joanne Gabrynowicz, Prof. Dr. Stephan Hobe, Dr. Ram Jakhu, Prof. Armel Kerrest, Mrs. Justine Limpitlaw, Prof. Dr. Francis Lyall, Prof. V.S. Mani, Mr. Jose Montserrat Filho, Prof. Dr. Maureen Williams, and Prof. Haifeng Zhao.

The "PCA Optional Rules for the Arbitration of Disputes Relating to Outer Space Activities" can be found here: http://www.pca-cpa.org/showfile.asp?fil_id=1774

EFTA Council reviews Ministerial meeting and discusses free trade relations

Dec 9, http://www.efta.int/about-efta/news/2011-12-09-efta-council.aspx

The Council discussed the results of the Ministerial meeting, including next steps for commencing free trade negotiations with Central American countries (Costa Rica, Honduras and Panama).

...

Concerning relations with free trade partners, the Council reviewed the results of the recent round with India. Furthermore, the Council assessed the outcome of a Joint Committee meeting under the EFTA-Israel Free Trade Agreement held on 23 November, where it was agreed to modernise and enhance the Agreement in areas such as trade in agricultural products and rules of origin.

Afghan businessmen get ADR training in Bahrain

Dec 14, http://www.dt.bh/newsdetails.php?key=301110213629&newsid=131211224701

Senior members of the Afghanistan Chamber of Commerce and Industry (ACCI) recently completed a three-day workshop on arbitration and mediation at the Bahrain Chamber for Dispute Resolution (BCDR-AAA). The workshop was organised in association with the American Arbitration Association (AAA) and the US Department of Commerce's Commercial Law Development Programme (CDLP).

Armenia: Caldera Issues Update on Claim Against Global Gold Corporation

Dec 13, http://www.panarmenian.net/eng/news/86524/

Caldera Resources Inc. (the "Company") provided the following update on the current arbitration claim it filed against Global Gold Corporation ("GBGD") for unilaterally terminating the JV between the parties on October 7, 2010.

The testimony in the Arbitration Hearing, filed under the rules of the American Arbitration Association in New York, NY, closed on December 13 with the completion of the cross examination of Global Gold's CEO, Mr. Van Krikorian.

"The testimony in the first phase of the arbitration will be over later today. I hope the Arbitrator, Ret. Justice Herman Cahn, can expedite the procedure for closing arguments and reaches a verdict before the Christmas holidays. After the verdict the ownership dispute will be settled and the shares of Marjan Mining Company, LLC, the holder of the Marjan Gold and Silver Project, will be registered, accordingly, in Armenia. The arbitration process will resume again for the damages phase later," stated Bill Mavridis, President and CEO of Caldera.

In Armenia, the Administrative Court of Appeals announced that the appeal filed by the Company was rejected and the decision of the previous court stands. Please see the Company's news release of August 2, 2011 and August 5, 2011.

Caldera remains the holder of the license and the Operator of the Marjan Project, as defined in the JV agreement signed with GBGD, Caldera's estranged joint venture partner.

Contrary to GBGD's news release, issued at the market close, nothing reverts back to GBGD and the ownership issues will be settled in Arbitration in NY and not in Armenia. The New York Arbitrator's decision trumps the Administrative Appeals Court decision on the mater relating to the ownership and registration of the shares of Marjan Mining Company, the license holder of the Marjan Gold and Silver Project.

"GBGD continues to make false and misleading statements in their press releases and SEC filings, in an effort to defame Caldera's management and to avoid self incrimination in their illegal actions in the US and Armenia," stated Bill Mavridis.

Caldera has not yet received a copy of the verdict from the Administrative Appeals Court and awaits a translation and review of the verdict by its Armenia legal counsel later this week. Additional reply to the GBGD's misleading and defamatory comments will be addressed after the Company completes its review.

* Armenia: Court of Appeals Confirms Marjan Mine and Marjan Mining Company, LLC in Armenia to Revert to Global Gold Ownership After Illegal Acts by Caldera Resources, Inc.

Dec 12, http://www.globalgoldcorp.com/news/20111212release.php

Gold Corporation is pleased to announce that on Monday December 12, 2011 the Armenian Court of Appeals issued a decision affirming the July 29, 2011 Armenian court verdict which ruled that Caldera Resources, Inc.'s ("Caldera") registration and assumption of control through unilateral charter changes of the Marjan Mine and Marjan Mining Company, LLC were illegal and that ownership rests fully with Global Gold Mining, LLC (a wholly owned subsidiary of Global Gold Corporation). Absent any further appeals, the decision becomes effective on January 12, 2012. On November 17, 2011, in a separate arbitration proceeding in New York, the arbitrator issued an interim order precluding the sale or pledging of the shares; the same order also explicitly provided that it would not act as a stay on any other court proceedings.

Based on Caldera's report of TSX-V approval, on June 17, 2010, Global Gold and Caldera announced they were proceeding with their March 24, 2010 joint venture agreement to explore and bring the Marjan property into commercial production. In late August 2010, Global learned that Caldera had circumvented the agreement by unilaterally and illegally registering changes to the Armenian project company's charter to Global's detriment. Such changes could only have been properly made with the signature of one of three authorized Global officers. However, Caldera was somehow able to register changes without Global's consent or knowledge. Without even advising Global that it had made those changes to take control, Caldera tried to have Global sign a resolution that would have authorized Caldera's illegal acts. Global refused. In addition, Caldera advised that it would not be performing the mining license requirements, failed to perform, and materially breached the agreements in other ways. After a detailed notice sent on September 2, 2010 and attempts to work out a solution failed, Global filed an action in the appropriate Armenian court to rescind the illegal registration on September 22, 2010, and terminated the joint venture with Caldera on October 7, 2010. Global had agreed to keep the termination notice confidential until October 15, 2010, all as previously reported in Global's SEC filings.

On April 10, 2010 Caldera wrote to Global that "any claims of illegal registrations and request for changes must be addressed to Administrative Court in Armenia." Later, Caldera intervened in the Armenian case as a third party, and repeatedly delayed adjudication for months, using questionable tactics. After trial, court examination, and a 22 page opinion, the July 29 verdict reinstated Global as the sole shareholder of Marjan Mining Company. The lower court specifically identified both Caldera's President Vasilios (Bill) Mavridis and its country representative Azat Vartanian as responsible for Caldera's actions in this case. Global has a security interest freezing the shares of Marjan Mining Company pending the formal turn-over or any appeal.

The December 12, 2011 54 page opinion concluded that the "Court of Appeals found that all material evidence necessary for the resolution of this case have already been duly examined and evaluated by the Administrative Court." Further, the "Court of Appeals found that the conclusion made by the Administrative Court that the application by Marjan Caldera Mining, LLC to make changes of the ownership of shares of Marjan Mining Company, LLC was made by the person not having such authorities is valid," and that the appeal filed by Caldera Resources, Inc aimed at revoking the Administrative Court's decision "is not substantiated and shall be rejected."

Independently, there is an arbitration pending in New York where Caldera is seeking confirmation through the American Arbitration Association of the joint venture's existence, and Global is seeking damages for accrued but unpaid amounts while Caldera maintained illegal possession of the Marjan property ($1.35 million as of September 30, 2011), interest at the contractual rate of 10% , the lost value of the 500,000 shares of stock Caldera failed to deliver in June 2010, and for Caldera's other breaches, non-performance, and attacks on Global. Among other things, subject to a 30 day extension if it could not raise the funds in capital markets, Caldera agreed to make $300,000 payments to the Company on September 30, 2010 and December 31, 2010; $250,000 payments on March 30, 2011, June 30, 2011, September 30, 2011, December 30, 2011, March 30, 2012, June 30, 2012, and September 30, 2012; and a $500,000 payment on December 31, 2012. Caldera raised sufficient funds, but did not make the payments as due, while ignoring the joint venture terms.

The Marjan mining property is located in Southwestern Armenia, along the Nakichevan border in the Syunik province. Further information is available on the Global Gold Corporation website www.globalgoldcorp.com.

Armenia: Testimony in dispute between Caldera and Global Gold Corporation to end today

Dec 13, http://www.mining.com/2011/12/13/testimony-in-dispute-between-caldera-and-global-gold-corporation-to-end-today/

Caldera Resources Inc. provides the following update on the current arbitration claim it filed against Global Gold Corporation ("GBGD") for unilaterally terminating the JV between the parties on October 7, 2010.

The testimony in the Arbitration Hearing, filed under the rules of the American Arbitration Association in New York, NY, will close today with the completion of the cross examination of Global Gold's CEO, Mr. Van Krikorian.

"The testimony in the first phase of the arbitration will be over later today. I hope the Arbitrator, Ret. Justice Herman Cahn, can expedite the procedure for closing arguments and reaches a verdict before the Christmas holidays. After the verdict the ownership dispute will be settled and the shares of Marjan Mining Company, LLC, the holder of the Marjan Gold and Silver Project, will be registered, accordingly, in Armenia. The arbitration process will resume again for the damages phase later," stated Bill Mavridis, President and CEO of Caldera.

In Armenia, the Administrative Court of Appeals announced yesterday that the appeal filed by the Company was rejected and the decision of the previous court stands. Please see the Company's news release of August 2, 2011 and August 5, 2011.

Caldera remains the holder of the license and the Operator of the Marjan Project, as defined in the JV agreement signed with GBGD, Caldera's estranged joint venture partner.

Contrary to GBGD's news release, issued at the market close yesterday, nothing reverts back to GBGD and the ownership issues will be settled in Arbitration in NY and not in Armenia. The New York Arbitrator's decision trumps the Administrative Appeals Court decision on the mater relating to the ownership and registration of the shares of Marjan Mining Company, the license holder of the Marjan Gold and Silver Project.

"GBGD continues to make false and misleading statements in their press releases and SEC filings, in an effort to defame Caldera's management and to avoid self incrimination in their illegal actions in the US and Armenia," stated Bill Mavridis.

At the time of the filing of this press release, Caldera has not received a copy of the verdict from the Administrative Appeals Court and awaits a translation and review of the verdict by its Armenia legal counsel later this week. Additional reply to the GBGD's misleading and defamatory comments will be addressed after the Company completes its review.

Australia: BAT challenges Australia plain pack tobacco laws

Dec 1, http://uk.reuters.com/article/2011/12/01/uk-australia-smoking-idUKTRE7B00IQ20111201

Reuters - British American Tobacco on Thursday became the second tobacco giant to launch legal action against Australian laws forcing tobacco products to be sold in drab, plain packaging from next year, following the lead of Philip Morris.

BAT Company Press release: High Court plain packaging proceedings commence December 1 2011 http://www.plainpack.com/doris/media/plainpack/PDF/High-Court-proceedings-1-December-v2.pdf

British American Tobacco (BAT) was today forced to commence proceedings in the High Court on behalf of its shareholders after the Tobacco Plain Packaging Act (TPP) gained Royal Assent. The High Court proceedings by BAT will operate as a 'test case' on the validity of the TPP relating to various property rights of two of our brands, Winfield and Dunhill. If we're successful the decision should apply to other property and brands sold by BAT.

BAT believes the TPP legislation is unconstitutional and invalid due to the fact the Federal Government is trying to acquire our valuable intellectual property without compensation. Minister Roxon has been unable to give a guarantee that her government would win a legal challenge by the tobacco industry and neither could her key legal advisers during the plain packaging Senate Inquiry.

BAT spokesperson Scott McIntyre said that this is such bad law we believe it should be stopped before we have to argue about compensation.

"Obviously we'd rather not be in a situation where we're forced to take the Government to court but unfortunately for taxpayers the Government has taken us down the legal path," Mr McIntyre said.

"Minister Roxon will now waste millions of taxpayer's dollars on legal fees defending plain packaging even though she has said herself there is no proof it will reduce smoking rates. "As a legal company selling a legal product we have consistently said we will defend our valuable intellectual property on behalf of our shareholders as any other company would.

"If the same type of legislation was introduced for a beer brewing company or a fast food chain, then they'd be taking the Government to court and we're no different.

"There are so many serious consequences involved with plain packaging. Besides the High Court case the tobacco black market will be flooded with counterfeit cigarettes as they'll be easier to copy and smuggle into the country once all packs look the same.

"Taxpayers will miss out on billions in tobacco excise while organised crime gangs make millions. Worse still cheaper more accessible illegal tobacco will actually increase smoking rates which is the opposite effect to what the Minister is hoping to achieve.

"Legal cigarette prices will also be reduced as the industry is forced to compete on price rather than brands. We all know once you make a product cheaper more people will purchase it which will increase smoking rates even further."

Australia: Philip Morris Limited Files High Court Challenge Against the Australian Government Over Plain Packaging

Dec 20, http://www.pmi.com/eng/media_center/press_releases/pages/20111220.aspx

MELBOURNE -- Philip Morris Limited (PML) today announced that it has filed a High Court challenge against the Australian Government over plain packaging for tobacco products. This is the second legal claim filed by a Philip Morris company against the Government on plain packaging.

Commenting on today’s announcement, PML spokesperson Chris Argent said: “The Government has passed a law that acquires our valuable brands and intellectual property despite being unable to demonstrate that it will reduce smoking and ignoring the widespread concerns raised in Australia and internationally regarding the serious adverse ramifications associated with plain packaging.”

“We believe plain packaging violates the Australian Constitution because the Government is seeking to acquire our property without paying compensation,” Mr. Argent concludes.

PML is seeking a ruling from the Court that the Government cannot prevent PML from continuing to use its valuable intellectual property and branding on its cigarettes and packaging.

This lawsuit follows the arbitration claim filed on November 21 by Philip Morris Asia under Australia’s Bilateral Investment Treaty with Hong Kong in which the company is seeking substantial monetary damages.

Bolivia: Jindal Steel seeks arbitration over Bolivia plans

Dec 24, http://economictimes.indiatimes.com/news/news-by-industry/indl-goods-/-svs/steel/jindal-steel-seeks-arbitration-over-bolivia-plans/articleshow/11230856.cms

Indian manufacturer Jindal Steel and Power has said it had filed a claim against Bolivia in the International Court of Arbitration over a financial dispute about a USD 2.1 billion mining project.

Bulgaria to abandon trans-Balkan oil pipeline

Dec 7, http://uk.reuters.com/article/2011/12/07/bulgaria-pipeline-idUKL5E7N71XD20111207

Reuters - Bulgaria asks Greece and Russia to cancel pipeline deal; To walk out on its own in a year if they disagree; Advisors say project not economically, financially viable; Local analysts welcome the move.

Canada Govt, US Steel Reach Agreement To End Legal Battle

Dec 12, http://online.wsj.com/article/BT-CO-20111212-713008.html

Dow Jones - Canadian government drops lawsuit against United States Steel; Government said steel maker violated terms of 2007 pact over jobs, productions; U.S. Steel says it's pleased to resolve legal battle.

Canada: Crystallex International Corporation Announces CCAA Filing, update on arbitration proceedings

Dec 23, http://www.crystallex.com/News/PressReleases/PressReleaseDetails/2011/Crystallex-Announces-CCAA-Filing1127770/default.aspx

Crystallex International Corporation today announced that it has obtained an order from the Ontario Superior Court of Justice (Commercial List) for protection under the Companies' Creditors Arrangement Act (Canada) (CCAA). Ernst & Young Inc. was appointed monitor under the order. Subject to the order, proceedings by creditors and others cannot be continued or commenced without the consent of the Company and the monitor, or leave of the court.

As previously announced, management of the Company has been exploring financing alternatives for some time, including a $120 million private placement disclosed on October 11, 2011, in order to deal with the liquidity crisis resulting from the $100 million senior unsecured notes issued by the Company maturing on the date hereof. Although the Company has received proposals, none have been satisfactory and discussions continue. The order obtained today permits Crystallex to remain in possession and control of its property, carry on its business and retain employees while the Company obtains additional time to pursue its arbitration with the Bolivarian Republic of Venezuela and complete financings in order to enable all its creditors to be paid in full.

The Company currently has cash and cash equivalents and other assets that are expected to be sufficient to fund its obligations and budgeted expenditures until it obtains debtor-in-possession financing ("DIP financing"). The Company is currently pursuing DIP financing in amounts sufficient to continue to finance the Company through the CCAA proceedings. Crystallex has received expressions of interest from several parties who are interested in providing DIP financing and intends to conclude negotiations for a DIP financing facility within the next few weeks.

Effective no later than December 28, 2011, court filed documents and other information regarding the CCAA proceedings will be available on the Company's website at www.crystallex.com and on the monitor's website at www.ey.com/ca/crystallex.

Other Matters

Crystallex has been informed that the arbitral tribunal for its claim against the Bolivarian Republic of Venezuela with respect to the Las Cristinas Project has agreed upon a schedule of written submissions from the parties and has set a hearing date of November 11, 2013. The Company is diligently advancing its arbitration claim, while remaining receptive to settlement alternatives with Venezuela. The Company will continue to vigorously pursue this claim while it remains under creditor protection.

On December 7, 2011, the Toronto Stock Exchange determined that the Company did not meet the Original Listing Requirements of the Exchange and that the Company's shares will be delisted effective at the close of market on January 6, 2012. Management has no current intentions to pursue alternative exchange listing options. Crystallex shares will continue to trade in the US on the OTCQB market.

Canada: Maple-TMX deal runs into new obstacle

Dec 8, http://www.theglobeandmail.com/globe-investor/tmx-deal/maple-tmx-deal-runs-into-new-obstacle/article2265127/?utm_medium=Feeds%3A%20RSS%2FAtom&utm_source=Report%20On%20Business&utm_content=2265127

However, the parties are nowhere close on a value for Alpha, according to people familiar with the situation. Maple is offering something in the range of $100-million to $200-million, while Alpha is looking for something in the range of $450-million to $600-million, the people said. The expectation is that the parties will likely have to go to binding arbitration to set a price.

Canada: Route1 is awarded US $4 million under the Federal Reseller Agreement with Qwest

Dec 23, http://www.route1.com/news/pr.php?id=2320

Route1 Inc. a security and identity management company, today announced that it received an arbitration award in its favour pursuant to an arbitration under the Federal Reseller Agreement between Route1 and Qwest Government Services made as of May 9, 2008, and as amended on November 25, 2008 (the "Agreement").

Under the arbitration section of the Federal Reseller Agreement, the award is final and there is no right of appeal. Once the award has been confirmed to be final, Route1 is entitled to enforce payment under the award after 14 days. Under the JAMS Comprehensive Arbitration Rules and Procedures, either party may request that the arbitrator correct any computational, typographical or other similar error within 7 calendar days.

After payment of associated professional fees and disbursements for the arbitration, Route1 will receive approximately US $2.5 million. The one-time positive accounting and cash impact will be presented in Route1's fourth quarter 2011 financial results.

Canada: Tresoro Mining Corp. Obtains Injunctive Relief Against Former President and Mercer BC

Dec 6, http://finance.yahoo.com/news/Tresoro-Mining-Corp-Obtains-prnews-319268654.html?x=0

Tresoro Mining Corp. (formerly Mercer Gold Corporation; the "Company") (TSOR-OTCQB, AN4- Frankfurt ) announces that the British Columbia Supreme Court (the "Court") has today issued Reasons for Judgment (the "Reasons for Judgment") granting an injunction against both Rahim Jivraj, the former President, CEO and a director of the Company ("Mr. Jivraj"), and Mercer Gold Corp. ("Mercer BC"), a privately held British Columbia company owned and/or controlled by Mr. Jivraj, enjoining each of them from taking any steps to interfere with the Company's role as operator of the Guayabales Gold Project located in Colombia (the "Property") and interfering with the Company's rights as optionee under that certain Mineral Assets Option Agreement, dated for reference effective as at April 13, 2010 , between the Company and Mercer BC relating to the Property (the "Option Agreement"), pending completion of the arbitration proceeding commenced by the Company with respect to such matter (the "Arbitration Proceeding"). The Court has also ordered that a counterclaim filed by Mercer BC in the Court shall be stayed.

...

The foregoing description of the Reasons for Judgment is not complete and is qualified in its entirety by reference to the Reasons for Judgment which will be available on the Court's website at http://www.courts.gov.bc.ca/supreme_court/recent_Judgments.aspx.

Chevron: Government of Kazakhstan to Become Partner in Karachaganak Project

Dec 14, http://www.chevron.com/chevron/pressreleases/article/12142011_governmentofkazakhstantobecomepartnerinkarachaganakproject.news

Chevron Corporation today confirmed that the Karachaganak project partners have reached an agreement with the government of Kazakhstan for it to become a 10 percent equity owner in the Karachaganak project. The transfer of equity to the Kazakhstan government is anticipated to occur on June 30, 2012.

China's global reach: lending more than the World Bank

Dec 9, http://www.bbc.co.uk/news/business-16092634

European officials may have flown to Beijing with their begging bowl underarm, but for developing countries, China's cheque book comes to you. ... "Last year China provided more loans to the developing world than even the World Bank," says Jamie Metzl from the US-based Asia Society. "The role of China is large, it's growing and it's critically important."

China: BP in labor dispute after quitting solar business

Dec 22, http://www.china.org.cn/business/2011-12/22/content_24222629.htm

BP's Chinese staff let go by the Britain oil company after it decided to shut down its solar business filed a demand for arbitration, claiming that the layoff process did not "comply with the rules." Two arbitration panels separately in Guangzhou and Shanghai will make a joint ruling.

China: New int'l arbitration center established in Guangzhou

Dec 19, http://english.peopledaily.com.cn/90883/7682600.html

On Dec. 19, the management committee of the Guangzhou Nansha Development Zone and Guangzhou Arbitration Commission, Hong Kong International Arbitration Centre, the Arbitration Centre of Macau World Trade Center signed the "Establishment of Nansha International Arbitration Centre Cooperation Framework Agreement" in Guangzhou and jointly announced the establishment of the Nansha International Arbitration Center.

Commerce Group Corp. Files a Memorial in Support of its Application for Annulment; CAFTA Proceeding Suspended Pending Payment

Dec 19, http://www.sec.gov/Archives/edgar/data/109757/000010975711000009/frm8k1211.txt

On December 15, 2011, Commerce Group Corp. (the "Company") and San Sebastian Gold Mines, Inc., an affiliate which is 82 1/2% owned by the Company, submitted their Memorial in Support of the Application for Annulment to the International Centre for Settlement of Investment Disputes ("ICSID"). The Memorial was due under the schedule set by the ad hoc Committee, which is a three member panel which ICSID assigned to hear the Application for Annulment submitted by the Company and its affiliate on July 11, 2011.

While the Company and its affiliate have met the deadline established by the ICSID ad hoc Committee for submitting their Memorial, the Company has been unable to pay the $150,000 advance deposit requested by ICSID to cover the cost of the hearing on the Application for Annulment. In accordance with ICSID Administrative and Financial Regulation 14(3)(d) and (e), the Secretary-General of ICSID has moved that the ad hoc Committee stay the proceeding in this case, and on December 19, 2011 the ad hoc Committee decided to stay the proceeding because the payment was not made. If the proceeding remained stayed for non-payment for a consecutive period in excess of six months, the Secretary-General may, after notice to and as far as possible in consultation with the parties, move that the ad hoc Committee discontinue the proceeding.

On December 15, 2011, the law firm representing the Government of El Salvador ("GOES") submitted a letter to the ad hoc Committee and to ICSID in response to ICSID's August 17, 2011 and October 24, 2011 requests for advance payments to fund the annulment proceeding and in response to the Company's November 17, 2011 letter notifying the ad hoc Committee that it was unable to pay the requested advance payment.

Ecuador Appeals Arbitration Ruling In Chevron Case

Dec 23, http://english.capital.gr/News.asp?id=1364411

Dow Jones - Ecuador has asked a district court in the Netherlands to annul 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. The appeal was presented on Nov. 30, the attorney general's office confirmed to Dow Jones Newswires on Friday. A hearing is scheduled for Feb. 2 to allow for Ecuador and Chevron to present their arguments, the attorney general's office added.

Ecuador conservation effort gets dragged into legal fight

Dec 22, http://www.miamiherald.com/2011/12/22/2558089/ecuador-conservation-effort-gets.html

Ecuadoran plaintiffs in an $18 billion lawsuit against Chevron say the company has been trying to “bribe” its way out of the case by offering to support the Yasuní-ITT imitative, an innovative conservation effort.

Ecuador: Chevron Welcomes Petroecuador Clean-up Announcement

Dec 16, http://www.chevron.com/chevron/pressreleases/article/12162011_chevronwelcomespetroecuadorcleanupannouncement.news

Chevron Corporation today released the following statement from Hewitt Pate, vice president and general counsel, regarding the recent announcement by Ecuador's state oil company, Petroecuador, that the company will complete its remediation of the sites it is responsible for under a 1995 agreement entered into with Texaco Petroleum Co. (TexPet) at the conclusion of an oil-producing consortium:

Egypt Cabinet approves budget savings for 2011/12

Dec 20, http://english.ahram.org.eg/~/NewsContent/3/12/29774/Business/Economy/Egypt-Cabinet-approves-budget-savings-for-.aspx

Another law being scrutinised for reform is Investment Law 8/1998 to make it easier for foreign investors to solve disputes, in a move designed to show Egypt is a safe place for investment. In a further move to reassure investors, formerly state-owned land sold below its true market value will not be confiscated, however, the fee will be increased to reflect the true market value of the land.

Egypt: Telecom Egypt expects favourable ruling on interconnect fees

Dec 9, http://www.zawya.com/story.cfm/sidZAWYA20111208080035

Telecom Egypt has a case before the Cairo Regional Center for International Commercial Arbitration against Mobinil and Vodafone. Telecom Egypt has not included this amount in its financial reporting for the third quarter of 2011, Hassan Helmy, Senior Vice President for Financial Affairs, told Zawya. It will, however, be included as soon as Telecom Egypt receives a favorable ruling in this regard, Helmy said.

Ethiopia: Wind Farm Storm Leads to Blocked Accounts for Both Parties

Dec 5, http://addisfortune.com/Wind%20Farm%20Storm%20Leads%20to%20Blocked%20Accounts%20for%20Both%20Parties.htm

Hydro Construction & Engineering Co Ltd has been ordered to deposit half a million Br into a blocked account to guarantee payment for damages if it loses the suit it has brought against Vergnet SA, a French company involved in a wind farm project in Ethiopia.

Finland: Comptel Provides Information about Request for Arbitration by Cisco

Dec 22, http://www.comptel.com/default.asp?docId=19048

Cisco Systems Inc. has filed a request for arbitration against Comptel Corporation and its wholly owned subsidiary Comptel Communications Ltd in the London Court of International Arbitration concerning Comptel's use of a certain sub-set of Axioss software that was sold to Cisco and subsequently licensed back to Comptel for use in the current release of Comptel Fulfillment.

At this stage of the dispute, Comptel is yet to receive Cisco's final submission of claims. Once the claims are detailed by claimant, Comptel will provide further information, as necessary.

Comptel regards Cisco's claims entirely against the recent agreements concluded by Comptel and Cisco for the sale of Axioss software to Cisco.

Comptel will vigorously defend its position and protect the interests of its customers and partners.

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France: Renault grandchildren take France to court

Dec 14, http://www.telegraph.co.uk/news/worldnews/europe/france/8956235/Renault-grandchildren-take-France-to-court.html

Seven grandchildren of the founder of French carmaker Renault took the French state to court claiming it unfairly nationalised the family business at the end of Second World War due to his alleged collaboration with Nazis.

Georgia pardons 2 jailed Israeli busines (Roni Fuchs, Ze'ev Frenkel)

Dec 4, http://www.jpost.com/International/Article.aspx?id=247995

Roni Fuchs, Ze'ev Frenkel were originally convicted of attempting to bribe Georgia's deputy foreign minister.

Georgia: Saakashvili Pardon of Two Israeli Entrepreneurs Raises Questions

Dec 7, http://www.eurasianet.org/node/64649

In Georgia, some people are asking whether a get-out-of-jail card costs $73 million. Questions started arising after Georgian President Mikheil Saakashvili on December 2 pardoned imprisoned Israeli businessmen Ron Fuchs and Ze'ev Frenkiel, who were serving seven and six-and-a-half-year prison terms, respectively. Saakashvili's order came after Tramex, a company with which Fuchs and Frenkiel were involved, agreed to shave $73 million off an international arbitration tribunal's $98 million judgment against the Georgian government.

Georgia: The Surprise Ending to the Rony Fuchs Affair

Dec 8, http://www.businessweek.com/magazine/the-surprise-ending-to-the-rony-fuchs-affair-12082011.html

The Israeli financier thought the visit would result in the settlement of a $100 million commercial battle he had been waging with the former Soviet republic for almost 15 years. That dispute is now resolved, but not the way that Fuchs had hoped.

Germany: Berlin backs mediation to keep civil suits out of court

Dec 15, http://www.dw-world.de/dw/article/0,,15603701,00.html

For many, compromise-focused mediation is a cheaper, quicker solution to civil lawsuits. With Germany's court system buckling at the knees, the Bundestag has voted to lend mediation more support.

Goldbrook Announces Arbitration Award (Jilin Jien)

Dec 21, http://www.goldbrookventures.com/media/2011GoldbrookArbitrationAward.pdf

Vancouver, British Columbia - Goldbrook Ventures Inc. ("Goldbrook" or the "Company") announces that on December 20, 2011 it received a Final Award in respect of the Arbitration proceeding it commenced on March 30, 2011 against Jilin Jien Nickel Industry Co., Ltd. ("JJ"), Jien International Investments Ltd. ("JIIL"), and Jien Canada Mining Ltd. ("JCML") in respect of JCML's purported approval of a loan of up to $357,497,576 from JJ's affiliate JHG Capital Inc. ("JHG").

The unanimous Final Award of the Arbitral Panel declared that JCML breached the Shareholder's Agreement by purporting to approve the JHG loan facility without the unanimous consent of the JCML board. The Tribunal further declared that JCML breached the Agreement by failing to provide information, including the executed commitment letter for the JHG loan facility to the Goldbrook nominee directors. In addition, the Tribunal has made an award of costs in favor of Goldbrook whereby JCML will pay to Goldbrook 75% of Goldbrook's actual reasonable legal fees and expenses related to this Arbitration, including Goldbrook's share of the Arbitrator's remuneration and expenses.

* Goldbrook Ventures Provides Corporate Update - Jilin Jien Requests Consent to Make an Offer to Goldbrook Shareholders.

Nov 30, http://www.goldbrookventures.com/media/2011%20-%2020%20Jilin%20Jien%20Requests%20Consent%20to%20Make%20an%20Offer_Nov%2030_v2.pdf

Vancouver, British Columbia - Goldbrook Ventures Inc. ("Goldbrook" or the "Company") announces that it received from Jilin Jien Nickel Industry Co., Ltd. ("Jilin Jien") a request for Goldbrook's consent to make a CAD$0.30 cash offer to Goldbrook shareholders to acquire all of the issued and outstanding shares of Goldbrook. Goldbrook has declined to provide the consent for the reasons stated below.

The request for consent is required in light of the restriction imposed on Jilin Jien in the Shareholder, Joint Bid and Operating Agreement between Goldbrook and Jilin Jien with respect to the Nunavik Nickel Project. The requirement for Goldbrook to consent was negotiated to ensure that Goldbrook shareholders would have full information and receive a bona fide offer for fair value for their shares if Jilin Jien, as operator of the Nunavik Nickel Project, wished to make an offer to purchase all of the shares of Goldbrook.

Following receipt of the request for consent, Goldbrook's Board of Directors formed a special committee (the "Special Committee") of independent directors comprised of William R. LeClair (Chair) and J. Earl Terris to evaluate the request and to provide a recommendation to the Board. The Special Committee retained McCarthy Tétrault LLP as independent legal counsel and engaged Raymond James Ltd. as independent financial advisor.

The Special Committee requested additional information from Jilin Jien relating to the Nunavik Nickel Project, particularly relating to the ongoing construction, financing, capital and operating expenditures and projected output for the project. Certain information was provided by Jilin Jien which allowed the committee and its advisors to more fully evaluate the request for consent. However, the Committee and its advisors continue to be hampered by significant incomplete information. The Company's Chairman, Mr. Baker, Mr. LeClair and independent counsel also met with representatives of Jilin Jien in Beijing to further understand the nature of the request for consent and to provide to Jilin Jien its views with respect to fair value for the issued and outstanding shares of Goldbrook based on available information.

After due deliberation and consultation with its legal and financial advisors, the Special Committee concluded that the request for consent and potential offer, if made, are opportunistic, coercive and lack key material terms including providing certainty of financing and certainty of proceeding or completion of any offer if it were to be forthcoming. Accordingly, the Special Committee recommended that Goldbrook reject the request for consent. The Board subsequently adopted the Special Committee's recommendation and has rejected the request for consent.

In reaching this conclusion, the Special Committee considered a number of factors including, but not limited to, the following:

- The potential offer price in light of Goldbrook's depressed share price which it believes arises from the lack of information provided by Jilin Jien with respect to the ongoing construction, financing, capital and operating expenditures and projected output for the Nunavik Nickel Project.

- The need for complete financial information in light of Jilin Jien's unique position as 75% partner in the Nunavik Nickel Project.

- The potential offer price would not appear to represent the intrinsic value of a 25% carried interest in a near-term operating sulphide nickel mine and a 50% interest in prospective exploration lands with identified resources which are nearby.

- According to Jilin Jien, commencement of commercial production is now scheduled for March 2013.

- The request for consent and potential offer, if made, are opportunistic and coercive and Jilin Jien was unable to provide adequate assurances with respect to the funding and certainty of proceeding or completion of an offer if it were to be forthcoming.

No further discussions are currently planned with Jilin Jien. The Company will continue to protect shareholder's interests through vigorous application of the various arbitration processes arising under the joint venture and joint bid and operating agreements. The Company will continue to keep shareholders apprised with information as it becomes available and will continue to request additional information from Jilin Jien relating to the construction, financing, capital and operating expenditures and projected output for the Nunavik Nickel Project.

ON BEHALF OF THE BOARD: (signed) "David Baker," Chairman and Director

* Greece: NewLead Holdings Ltd. Announces Fifth Favorable Arbitration Award Against TMT Bulk Corp.

Dec 9, http://phx.corporate-ir.net/phoenix.zhtml?c=190546&p=irol-newsArticle&ID=1638162&highlight=

NewLead Holdings Ltd., an international shipping company owning and operating tankers and dry bulk vessels, today announced that it has recently received a fifth favorable arbitration award against TMT Bulk Corp. ("TMT") for $1,658,376.21 plus interest. The total amount awarded to date, under the fifth interim arbitration awards, is approximately $8,658,000 plus interest.

As of December 9, 2011, the total outstanding amount owed by TMT to NewLead was approximately $9,675,000 plus interest and costs.

Michael Zolotas, president and chief executive officer of NewLead, stated, "We are very pleased we have been successful in receiving one more favorable arbitration award against TMT. We continue to pursue all our rights and our success to date allows us to remain confident that we will prevail in our claims."

Guyana territory claim heats up Venezuela border dispute

Dec 21, http://af.reuters.com/article/commoditiesNews/idAFL1E7NL01O20111221

Reuters - Venezuela and its small neighbor Guyana are locked in a dispute over territorial waters that could slow the development of Guyana's offshore oil and gas reserves.

HK's status as arbitration hub safe, experts say

Dec 5, http://www.scmp.com/portal/site/SCMP/menuitem.2c913216495213d5df646910cba0a0a0/?vgnextoid=d93444c876904310VgnVCM100000360a0a0aRCRD&vgnextfmt=teaser&ss=Markets&s=Business

Some fear Court of Final Appeal ruling in Congo case could shift dispute settlements to Singapore.

Hong Kong Grows As International Arbitration Centre

Dec 12, http://www.tax-news.com/news/Hong_Kong_Grows_As_International_Arbitration_Centre____52899.html

In a recent address in Seoul, Hong Kong's Secretary for Justice, Wong Yan Lung, has expressed the government's determination to develop Hong Kong into a regional dispute resolution centre, in particular as an international arbitration hub in the Asia Pacific. He had already remarked on a previous occasion that, with the commencement of the Arbitration Ordinance on June 1, 2011, Hong Kong had a brand new regulatory framework to enable arbitration to realize its full potential as a dispute resolution mechanism, and to further strengthen the city's credentials as the regional hub for international arbitration. Wong now confirmed that the arbitration body, the Hong Kong International Arbitration Centre, had already handled more than 170 international arbitration cases, and was ranked second in Asia in terms of the number of its cases in 2010.

Iceland: Nordural Helguvik Receives Results of Power Arbitration

Dec 19, http://news.morningstar.com/all/market-wire/11834043/nordural-helguvik-receives-results-of-power-arbitration.aspx

Century Aluminum Company announced today that its subsidiary, Nordural Helguvik hf, has received the results of its arbitration with one of the power suppliers to its Helguvik greenfield smelter. The arbitration panel ruled that the parties' power contract remains in force in accordance with its terms and that HS Orka hf remains obligated to provide the full amount of contracted power to Nordural, subject to the satisfaction of certain remaining conditions.

India and EFTA hold tenth round of free trade negotiations

Dec 5, http://www.efta.int/free-trade/free-trade-news/2011-12-02-efta-india-fta-neg-10th-rnd.aspx

Subjects covered during this round included trade in industrial goods and fish, agricultural products, rules of origin, customs procedures and trade facilitation, trade defence, competition, trade in services, sustainable development, dispute settlement and legal and institutional issues.

India Clears Final Hurdles for Cairn-Vedanta Deal

Dec 5, http://online.wsj.com/article/SB10001424052970204770404577079830394337646.html

NEW DELHI-India's home ministry has given a crucial security clearance to Cairn Energy PLC's proposal to sell a majority stake in its India unit to Vedanta Resources PLC, clearing the last major hurdles for the closure of the multibillion-dollar deal, people with direct knowledge of the matter said Monday.

India Glenmark seeks arbitration after US co breaches pact

Dec 13, http://www.reuters.com/article/2011/12/13/india-glenmarkpharma-napo-idUSL3E7ND1Y420111213

Reuters - India's Glenmark Pharmaceuticals said on Tuesday it has sought an arbitration in the U.S. as Napo Pharmaceuticals has no basis for terminating a collaboration agreement with it to develop and market an HIV-associated diarrhoea drug.

India: A second look at international arbitration

Dec 22, http://www.thehindu.com/opinion/lead/article2735659.ece

... Chief Justice of India's recent decision to constitute a constitutional bench to hear challenges to the Court's earlier parochial rulings opens the most important chapter in the legal battle to convert the Indian judicial system into a pro-arbitration regime. The constitutional bench reference was made in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc. A two-judge bench of the Supreme Court had earlier in this case expressed reservation on the correctness of the operating precedent laid down in Bhatia International v. Bulk Trading S.A. (Bhatia International), and subsequently followed in Venture Global Engineering v. Satyam Computer Services (Venture Global) and other cases...

India: Govt blinks as RIL threatens arbitration

Dec 5, http://www.expressindia.com/latest-news/Govt-blinks-as-RIL-threatens-arbitration/884251/

Days after Reliance Industries slapped an arbitration notice on the government against its move to limit the cost the company can recoup from flagging KG-D6 gas fields, the Oil Ministry today hinted that it would not like to rush into an arbitration. It said it would study the issue before deciding on the move to make.

India: Govt develops cold feet over action against RIL

Dec 10, http://timesofindia.indiatimes.com/business/india-business/Govt-develops-cold-feet-over-action-against-RIL/articleshow/11051667.cms

Faced with the prospect of a long-drawn legal battle with Reliance Industries Ltd (RIL), the government appears to have developed cold feet over taking action against the Mukesh Ambani-led company for a drastic fall in gas output from its showcase Andhra offshore field. The oil ministry and its regulatory arm for explorers, Directorate General of Hydrocarbons, has been working on their plan to reclaim about $1.8 billion of the $5 billion investment in the field that RIL had recouped from gas sales.

India: International Arbitration hub

Dec 15, http://pib.nic.in/newsite/erelease.aspx?relid=78757

In order to encourage alternative dispute resolution and to develop India as a hub of international arbitration, the Government proposes to amend the Arbitration and Conciliation Act, 1996. Giving this information in written reply to a question in the Lok Sabha today, Shri Salman Khurshid, Minister of Law and Justice, said that the proposed amendments, inter-alia, provide for filing of applications for challenging and execution of awards and appeals in the High Courts, arbitrator not to charge fee on the basis of per sitting unless agreed to by the parties, referring of matters relating to commercial disputes of specified value by the Chief Justices of High Courts to the arbitration institute approved by the Central Government, disclosures of information and circumstances with any other parties or counsel in relation to the subject matter of dispute by the proposed arbitrator, deposit of fifty percent of the amount awarded in the Court by the party challenging arbitral award, etc.

India: RIL arbitration notice: Oil Ministry seeks time till Jan 31 to reply

Dec 23, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/ril-arbitration-notice-oil-ministry-seeks-time-till-jan-31-to-reply/articleshow/11219209.cms

The Oil Ministry has sought an extension of over one month in the deadline to respond to the arbitration notice issued by Reliance Industries against proposed penal action for a fall in KG-D6 gas output. The Oil Ministry on Wednesday wrote to RIL seeking time till January 31 to respond to the arbitration notice, sources privy to the development said.

Indonesia: Churchill Mining might seek international arbitration over ownership of the East Kutai coal

Dec 3, http://www.proactiveinvestors.co.uk/companies/news/36473/

... Churchill Mining's this week asked the Indonesian government to intervene in the dispute over the ownership of the East Kutai coal prospect or else it will seek international arbitration.

Indonesia: Govt Hires Lawyer to Fight Hesham-Rafat

Dec 6, http://www.tempointeractive.com/hg/nasional/2011/12/06/brk,20111206-370143,uk.html

TEMPO Interactive - Finance Minister Agus Martowardojo has hired a lawyer from the Karimsyah Law Firm to respond to the arbitration lawsuit from two indicted in the Century case, Rafat Ali Rizvi, in the International Centre for Settlement Investment Disputes (ICSID), and Hesham al-Warraq under the Islamic Conference Organization (OKI).

Iran: U.S. military equipment-maker owes Iran $2.8 million

Dec 15, http://www.publicbroadcasting.net/wamc/news.newsmain/article/0/0/1885884/US.News/U.S..military.equipment-maker.owes.Iran.$2.8.million

Cubic Defense Systems had asked the U.S. Court of Appeals for the 9th Circuit to overturn an international arbitration award Iran won over a decades-old contract dispute. But the appeals court refused, finding America's interest in enforcing international arbitration awards outweighed the public policy against trade with Iran.

Israel: Mind CTI sues pwc Israel Kesselman for NIS 8m

Dec 14, http://www.globes.co.il/serveen/globes/docview.asp?did=1000706700

Mind CTI is suing its former accountant for alleged breach of contract, negligence, and breach of fiduciary duty. ... Mind CTI accused Credit Suisse Group AG of investing the ARS against the company's instructions. Mind CTI was awarded $18.5 million in arbitration in 2009.

* Israel: Trade arbitration project 'building peace from bottom up' - Jerusalem Arbitration Center will boost bilateral commerce, create jobs for Israelis and Palestinians, planners say.

Dec 22, http://www.jpost.com/Business/BusinessNews/Article.aspx?id=250640

The peace process may be stalled, but Israeli and Palestinian business leaders are determined to improve bilateral trade links, International Chamber of Commerce Israel chairman Oren Shahor told The Jerusalem Post on Thursday.

Ivory Coast Claims Ghana's Oil Fields

Nov 29, http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=224604

The government of Ivory Coast led by President Allasane Ouattara has mapped out a new maritime border it is sharing with Ghana covering some of Ghana's jubilee oilfields.

Lithuania-Serbia: Regarding arbitration case - Alita AB

Nov 29, http://www.euroinvestor.com/news/story.aspx?id=11852491

"ALITA", AB (the Company) informs that it has received from the Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce documents of court of arbitration, which translated into Lithuanian language show that on 15 November 2011 the court of arbitration made partial award and decided to include the Company as co-respondent to the case which was started against AB „ALT investicijos" and United Nordic Beverages AB (about which was announced in the Company's notification on material event dated 9 December 2010).

Mexico looks outside of NAFTA, signs Free Trade Agreement with Central America

Nov 22, http://transborder.wordpress.com/2011/11/29/mexico-looks-outside-of-nafta-signs-free-trade-agreement-with-central-america/

On November 22 in San Salvador, El Salvador, Mexico signed a Free Trade Agreement with five Central American countries, including Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. The pact is expected to cover the regional trade that amounts to $48 billion every year and it will take the place of the individual Free Trade Agreements Mexico holds with all five countries.

Mongolia: Ivanhoe expects Rio dispute ruling within two weeks

Dec 9, http://uk.finance.yahoo.com/news/UPDATE-1-Ivanhoe-expects-Rio-targetukfocus-3440197439.html;_ylt=A03uoWcQc.VO.VMANT8vsLFG;_ylu=X3oDMTFkMjluOXMyBHBvcwM4BHNlYwNuZXdzSHViQXJ0aWNsZUxpc3QEc2xrA3VwZGF0ZTEtaXZhbg--?x=0

Reuters - Ruling could come as early as next week; Talks continue with China over power supply. Ivanhoe Mines Ltd said it expects a ruling on an arbitration dispute with Rio Tinto, its largest shareholder, to be delivered within a couple of weeks.

Mongolia: Ivanhoe Mines Evaluating Implications of Arbitration Decision on Company's Shareholders' Rights Plan

Dec 13, http://www.benzinga.com/news/11/12/2200640/update-ivanhoe-mines-evaluating-implications-of-arbitration-decision-on-companys-

Ivanhoe Mines announced today that the company and its legal counsel are continuing to evaluate the implications of an arbitrator's decision on the company's Shareholders' Rights Plan that was issued Monday, December 12, and addressed in Ivanhoe's December 12 news release.

Mongolia: Rio Allowed to Maintain Ivanhoe Stake, Arbitrator Decides

Dec 12, http://www.businessweek.com/news/2011-12-12/rio-allowed-to-maintain-ivanhoe-stake-arbitrator-decides.html

Bloomberg - Ivanhoe Mines Ltd., building the Oyu Tolgoi in mine in Mongolia with its largest shareholder Rio Tinto Group, said an arbitrator ruled in favor of Rio in a dispute about its holding.

Mongolia: Rio Tinto successful in arbitration against Ivanhoe Mines

Dec 13, http://www.riotinto.com/media/18435_media_releases_21343.asp

An independent arbitrator has upheld Rio Tinto's claim in respect of Ivanhoe Mines' Shareholder Rights Plan (the "SRP"). This means that after a standstill agreement expires on 18 January 2012, Rio Tinto has the ability to purchase additional shares in Ivanhoe beyond its current holding of 49 per cent without being diluted by the SRP.

As part of the decision, the arbitrator dismissed Ivanhoe's counterclaim and ruled that Rio Tinto did not breach the Private Placement Agreement with Ivanhoe.

From 19 January 2012, Rio Tinto will no longer be subject to a standstill agreement with Ivanhoe. Thereafter, depending upon its assessment of Ivanhoe's business, prospects and financial condition, the market for Ivanhoe's shares, general economic and tax conditions and other factors, Rio Tinto may seek opportunities to increase its shareholding in Ivanhoe to a majority position but currently has no intention of making a full takeover bid for Ivanhoe's shares. Rio Tinto reserves the right to change its intention in the future.

Morocco boost for chamber

Dec 27, http://www.gulf-daily-news.com/NewsDetails.aspx?storyid=320419

The Bahrain Chamber for Dispute Resolution (BCDR-AAA) continued to bolster its international reputation as a centre of excellence for alternative dispute resolution (ADR) following the completion of a three-day mediation workshop in Rabat, Morocco.

Oman: Call to enhance professional standards in arbitration

Dec 26, http://main.omanobserver.om/node/76926

A forum on 'Arbitration, Arbitration Skills and Standards, and Requirements of Arbitration Centres', was opened at Oman Chamber of Commerce and Industry (OCCI) yesterday under the auspices of Khalil bin Abdullah al Khonji, OCCI Chairman. The three-day forum is being organised by OCCI in collaboration with the Arab Administrative Development Organisation (ARADO).

Open Letter to World Bank Officials on Pacific Rim-El Salvador Case

Dec 12, http://www.ips-dc.org/articles/open_letter_to_world_bank_officials_on_pacific_rim-el_salvador_case?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IPS%2Flatest+%28The+Latest+from+the+Institute+for+Policy+Studies%29

Pacific Rim is suing El Salvador for up to hundreds of millions of dollars under the U.S.-Central America Free Trade Agreement for not approving a mining license. Since Canada isn't part of this agreement, Pacific Rim opened a subsidiary in Reno, Nevada.

Pakistan awaits Kishanganga impact report

Dec 20, http://www.dailytimes.com.pk/default.asp?page=2011%5C12%5C20%5Cstory_20-12-2011_pg7_19

ISLAMABAD: The Pakistani authorities claimed that they have yet to receive a copy of an environmental impact report over the controversial Kishanganga Hydro Electric Power Project (KHEP) which has been submitted by the Indian authorities to the International Court of Arbitration (ICA).

Pakistan decides to take Nimoo-Bazgo project to ICA

Dec 3, http://www.dailytimes.com.pk/default.asp?page=2011%5C12%5C03%5Cstory_3-12-2011_pg7_1

ISLAMABAD: Pakistan has taken decision in principle to take up the controversy over Nimoo-Bazgo hydropower project having generation capacity of 45 MW with International Court of Arbitration (ICA) and has given a go ahead signal to Indus Water Commissioner of Pakistan (IWCP) for preparation on legal technicalities.

Pakistan: Copper-gold project: Supreme Court moved to resume Reko Diq case

Dec 6, http://islamabad.newspakistan.pk/2011/12/06/copper-gold-project-sc-moved-to-resume-reko-diq-case-3/

The Supreme Court has been moved to resume the hearing of the Reko Diq case to "block the Tethyan Copper Company's effort to frustrate the laws of the land through international arbitration".

Pakistan: Tethyan Files Arbitration In US, France Over Pakistan Project - Compensation through arbitration would be at least $12 billion - Dow Jones

Nov 30, http://www.londonstockexchange.com/exchange/news/dow-jones/news-detail.html?newsId=20111130DN013275

Tethyan files for arbitration in two jurisdictions to protect legal rights over Reko Diq; Tethyan prefers to amicably resolve mining lease application dispute; Compensation through arbitration would be at least $12 billion according to Dow Jones calculations.

Pakistan: Tethyan Halts $3.4 Billion Project as Pakistan Rejects Lease

Nov 30, http://www.bloomberg.com/news/2011-11-30/tethyan-halts-3-4-billion-mine-work-as-pakistan-rejects-lease.html

Tethyan Copper Co., a venture between Antofagasta Plc (ANTO) and Barrick Gold Corp. (ABX) to build a $3.4 billion Pakistan copper and gold mine, mothballed operations that will cost 150 jobs after its mining lease was rejected.

Papua New Guinea: Triple Plate Junction (TPJ) has started arbitration proceedings on Crater Mountain interests (SIAC)

Dec 23, http://www.stockmarketwire.com/article/4282488/TPJ-seeks-declaration-on-Crater-Mountain-interests.html

Triple Plate Junction has started arbitration proceedings to resolve a dispute over interests in the Crater Mountain project in Papua New Guinea. TPJ's interest derives from a joint venture agreement with Celtic Minerals dated July 2004 and subsequently a JV agreement with Gold Anomaly, and others, with the approval of Celtic, in August 2007.

Peru: Newmont Suspends Work at Peruvian Gold Deposit on Protests

Nov 29, http://www.businessweek.com/news/2011-12-01/newmont-suspends-work-at-peruvian-gold-deposit-on-protests.html

Bloomberg - Newmont Mining Corp., the largest U.S. gold producer, said it halted construction work at a gold deposit in Peru for a second day during a regional protest.

PH, German ministers won't let Fraport-NAIA row affect ties

Dec 9, http://www.abs-cbnnews.com/global-filipino/12/09/11/ph-german-ministers-wont-let-fraport-naia-row-affect-ties

Philippines - Foreign Affairs Secretary Albert Del Rosario and German Foreign Minister Dr. Guido Westerwelle discussed ways to further strengthen economic, political and cultural cooperation between both countries in a meeting in Berlin. This was the first official visit to Germany by a Philippine foreign affairs secretary in 10 years.

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

Dec 7, http://www.winston.com/index.cfm?contentid=30&itemid=3761

Press release - On December 7, 2011, the International Centre for Settlement of Investment Disputes (ICSID) issued an award for Winston & Strawn client Romania, in the case Spyridon Roussalis v. Romania. Romania prevailed completely in its defense and was awarded US $8.3 million in legal fees and arbitration costs. The Tribunal, by majority opinion, held that it lacked jurisdiction over Romania's counterclaim.

Claimant's ICSID claim arose out of his purchase of shares in a large frozen food warehousing facility from the Romanian government's privatization authority AVAS. According to the Share Purchase Agreement, Claimant was to make a $1.4 million post-purchase investment within two years, after which the Romanian government could enforce a share pledge and recover the shares purchased by Claimant. Claimant alleged that the $1.4 million investment was made as required, and that Romania's attempt to enforce the share pledge amounted to an expropriation and a breach of fair and equitable treatment.

Claimant also asserted a "fiscal claim" in which he challenged tax liabilities and penalties levied by the Government, an "interdiction claim" wherein he challenged Romania's enforcement of a law that prevented him from leaving the country for three years while he was under criminal investigation, and a "food safety claim" where he challenged the legality of orders to shut down operations in the facility. In all, Claimant claimed $91 million in compensatory damages and $56 million in moral damages. He was awarded nothing.

Romania asserted a counterclaim seeking a declaration that Claimant did not meet his post-investment obligation and an order that Claimant tender the shares he purchased back to Romania or pay compensation. A majority of the Tribunal denied the counterclaim based on the absence of explicit consent in the Romania-Greece BIT to arbitrate counterclaims. Yale Law Prof. Michael Reisman's dissent sharply criticized the majority opinion given that the ICSID Convention also governed the dispute and the ICSID Convention provides for jurisdiction of counterclaims "arising directly out of the subject-matter of the dispute." Despite Romania's loss on the issue of counterclaim jurisdiction, the Tribunal made findings of fact that were tantamount to the declarations sought from the Tribunal by Romania, namely that Claimant did not comply with the required $1.4 million post-investment obligation.

Winston & Strawn partner Mark Bravin and associates Alex Kaplan and Mary Webster, based in the firm's Washington, D.C. office, represent Romania in collaboration with the Bucharest Office of CMS Cameron McKenna.

Round two: URA beats Heritage in $30 million tax dispute

Dec 11, http://www.observer.ug/index.php?option=com_content&view=article&id=16259:round-two-ura-beats-heritage-in-30-million-tax-dispute&catid=38:business&Itemid=68

More money from the ongoing series of oil disputes continues to flow into Uganda's treasury.

Just this week, Uganda Revenue Authority won a $30 million court case against Heritage Oil Plc - the second in three weeks - after the Tax Appeals Tribunal handed the tax body another victory, and laid more groundwork for intense debate when the same cases are finally brought before a British judge in a London court sometime next year. To a keen observer, URA's victory this week is to a great extent predictable.

Russia: Alfa-Cukurova dispute takes new turn

Dec 22, http://www.ft.com/intl/cms/s/0/f8a5fa54-2c99-11e1-aaf5-00144feabdc0.html#axzz1hM5EtqH8

A dispute between a Russian oligarch and one of Turkey’s richest men has taken a new turn with claims that have raised questions over the ownership history of London-listed Genel Energy, the group headed by former BP chief executive Tony Hayward.

Russia: BP, TNK Billionaires Seek to Defeat Oil-Company Theft Claims

Dec 15, http://www.bloomberg.com/news/2011-12-15/bp-tnk-billionaires-seek-to-defeat-oil-company-theft-claims.html

BP Plc and its billionaire partners in Russian oil venture TNK-BP asked a New York judge to throw out claims against them seeking more than $1 billion in damages over the alleged theft of an oil company.

Russia: Eurasian Natural Resources Corporation PLC and Magnitogorsk Iron & Steel Works have settled legal claims

Dec 5, http://staging.hemscottir.com/ir/enrc/ir.jsp?page=news-item&item=844405602810074

Eurasian Natural Resources Corporation PLC (ENRC) and Magnitogorsk Iron & Steel Works (MMK) are pleased to announce their decision to amicably settle the existing dispute between the two companies.

ENRC has dropped its claims against MMK and called off the asset freezing order that was issued against MMK and its subsidiary MMK-Mining Assets Management S.A.

The relevant notifications were sent to the International Court of Arbitration at the International Chamber of Commerce in Zurich, as well as to the Federal Court of Australia.

Boris Dubrovsky, Chief Executive Officer, MMK, said: "We are satisfied with the results of our negotiations with ENRC. Mutual waiver of claims by the two parties confirms our bilateral intention to cooperate on a long-term basis."

Felix J Vulis, Chief Executive Officer, ENRC, said: "ENRC and MMK continue to benefit from long-term partnership and we are pleased to retain MMK as one of our valued customers."

Russia: Siberian Court Rejects TNK-BP Shareholders' Appeal Against BP

Dec 21, http://english.capital.gr/News.asp?id=1361583

Dow Jones - A Siberian arbitration court said Wednesday it had rejected an appeal by minority shareholders in BP PLC's (BP) Russian joint venture, OAO TNK-BP Holding (TNBP.RS), in a $2.8 billion lawsuit, marking a small victory for the U.K. oil major.

Russia: Supreme Arbitration Court supports decision of Antimonopoly Service to dismiss claim of Yekaterinburg Electric Grid Company

Dec 12, http://www.utilityproducts.com/news/2011/12/1558886668/supreme-arbitration-court-supports-decision-of-antimonopoly-service-to-dismiss-claim-of-yekaterinbur.html

The Supreme Arbitration Court of the Russian Federation pronounced legitimacy of the decision of the Federal Antimonopoly Service (FAS Russia) to dismiss the claim of "Yekaterinburg Electric Grid Company" OJSC.

Russia: TNK-BP to pay record div, directors flee conflict-sources

Dec 9, http://www.reuters.com/article/2011/12/09/russia-tnkbp-dividend-idUSNEWPLS20111209

Reuters - Former German chancellor quits board, sources; Rio Tinto veteran also quits board, sources; Board approved $1.25 billion interim div, source; BP says shareholders affirm common priorities.

Russia: Tribunal to Rule on BP Dispute With Russian Partners

Dec 16, http://online.wsj.com/article/SB10001424052970203893404577101360469729238.html

LONDON - An arbitration tribunal hearing a long-running dispute between BP PLC and its Russian partners in the TNK-BP Ltd. joint venture has decided it will issue a definitive ruling on whether the U.K. energy giant breached their shareholder agreement when it pursued an alliance with Russia's state-owned oil company OAO Rosneft earlier this year, two people familiar with the matter said Thursday.

Russian court to hear appeal on BP case in January 2012

Dec 7, http://uk.reuters.com/article/2011/12/07/bp-russia-idUKL5E7N73IK20111207

Reuters - A Russian court will hear an appeal in January to pursue a $2.8 billion suit against oil firm BP's representatives on the board of its Russian joint venture TNK-BP, a plaintiff's representative said on Wednesday.

Singapore: Glencore Unit Pays Tipco Asphalt $20.2 Million Arbitral Award

Nov 30, http://www.businessweek.com/news/2011-11-30/glencore-unit-pays-tipco-asphalt-20-2-million-arbitral-award.html

Bloomberg - Glencore International Plc's Singapore unit has paid a $20.2 million arbitration award to Tipco Asphalt Pcl's Thai Bitumen Co., which will withdraw a lawsuit seeking to liquidate the commodities trader in the city.

South Africa: ArcelorMittal S. Africa, Kumba Postpone Iron-Ore Arbitration

Dec 12, http://www.businessweek.com/news/2011-12-12/arcelormittal-s-africa-kumba-postpone-iron-ore-arbitration.html

Bloomberg - ArcelorMittal South Africa Ltd., a unit of the largest steelmaker, and Kumba Iron Ore Ltd. agreed to postpone arbitration over a supply agreement until court proceedings over a mining right at Kumba's Sishen mine end.

South Africa: Kumba granted full rights to Sishen mine

Dec 15, http://www.fin24.com/Companies/Mining/Kumba-granted-full-rights-to-Sishen-mine-20111215

Pretoria - A South African judge ruled on Thursday that a company with no mining experience and business links with President Jacob Zuma's son could not keep mineral prospecting rights it was awarded.

South Sudan: IMF, World Bank Group Institutions Bill Presented to Parliament

Dec 8, http://allafrica.com/stories/201112080661.html

Parliament - National Legislative Assembly yesterday in its sitting No.36 chaired by speaker James Wani Igga passed International Monetary Fund and World Bank groups institution bill presents to the parliament to its second reading and deliberation suspend to coming week.

Sri Lanka: Expropriation To Be Referred For Arbitration (ICSID) - Lanka Tractors

Dec 4, http://www.thesundayleader.lk/2011/12/04/expropriation-to-be-referred-for-arbitration/

Lanka Tractors, one of the companies listed to be acquired by the government under the new Act introduced recently, says it will refer the matter for arbitration at the International Centre for the Settlement of Investment Disputes in Washington, USA.

Sweden: Softronic AB Updates on Arbitration Proceedings Regarding Compulsory Acquisition of shares in Modul 1 Data AB

Dec 20, http://www.reuters.com/finance/stocks/SOFb.ST/key-developments/article/2453338

Reuters - ... The arbitration tribunal has determined that Softronic has the right and obligation to redeem approximately 4,249,838 outstanding shares of Module 1 at SEK 0.84 per share, totaling approximately SEK 3.6 million plus interest rate. ...

Switzerland Adopts Four DTAs (Russia, Spain, Hong Kong, and the United Arab Emirates)

Nov 29, http://www.tax-news.com/news/Switzerland_Adopts_Four_DTAs____52660.html

Commenting on the adoption, the administration states that: "The negotiated economic benefits of the DTAs include reductions in withholding tax, or even tax exemption for dividends, interest and royalty payments in the source state, as well as arbitration clauses within the scope of mutual agreement procedures".

Syria: Suncor Energy announces withdrawal from Syria

Dec 11, http://www.suncor.com/en/newsroom/2418.aspx?id=1541093

Suncor Energy reported today that it has declared force majeure under its contractual obligations and is suspending its operations with the General Petroleum Corporation (GPC) in Syria. These actions are taken as a result of sanctions on Syria announced by the European Union on Dec. 2, 2011.

Thailand: Glencore unit in legal spat with Thai firm over oil cargo

Nov 30, http://www.reuters.com/article/2011/11/30/glencore-thaibitumen-idUSL4E7MU1AU20111130

Reuters - A Thai company has taken the Singapore unit of Glencore to court urging it to declare the unit insolvent after a dispute over an undelivered oil cargo.

The Energy Charter Welcomes Germany's Voluntary Contribution in Support of the Organisation's Closer Working Relations with the MENA Region

Nov 30, http://www.encharter.org/index.php?id=21&id_article=257&L=0

The Energy Charter welcomed Germany's voluntary contribution aimed at strengthening the dialogue and cooperation between the countries of North Africa and the Middle East and the ECT constituency. The contribution will support the project "Creating a Reliable Legal and Political Framework for Energy Investments in the MENA Region on the Basis of the Energy Charter Treaty" and will be spread over a period of 18 months from January 2012.

Within the framework of this project, the Energy Charter Secretariat will actively involve MENA countries in the organisation's meetings and initiatives; participate in and contribute to the relevant events organised in the region, particularly those focusing on sustainable energy; promote the Charter's profile in Arabic countries and ultimately provide information and assistance to facilitate their fuller involvement in the Energy Charter Process.

The aim is to share the experience and best practices developed in ECT member countries over the years and to offer the Energy Charter forum as a platform to promote regional energy partnerships and projects in the MENA region. Most MENA countries already have Observer status with the Charter, the successful implementation of the above project could lead to these countries' accession to the En

Uganda: Auditor General unhappy about handling of oil issues

Dec 7, http://www.ugpulse.com/uganda-news/government/auditor-general-unhappy-about-handling-of-oil-issues/23009.aspx

The Auditor General John Muwanga has said that the arbitration case in which Heritage Oil and the government of Uganda are embroiled in should have been handled under the Ugandan laws.

Note the following documents are available on TDM:

Tullow Uganda Limited v Heritage Oil and Gas Limited, Heritage Oil Plc Claim No 2011-471

Particulars of Claim - 14 April 2011 https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=6973

Defence and Counterclaim - 10 June 2011 https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=6974

Reply and Defence to Counterclaim - 18 August 2011 https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=6975

Uganda: Oil bribes: MPS on a wild goose chase

Dec 4, http://observer.ug/index.php?option=com_content&view=article&id=16176:oil-bribes-mps-on-a-wild-goose-chase&catid=78:topstories&Itemid=59

In a development that will undoubtedly take the momentum away from four legislators spearheading bribery allegations against three ministers, the Bank of New York Mellon has distanced itself from any transactions with Tullow Oil Plc.

* Uganda: Private firm drafted controversial contract government signed with Umeme http://www.monitor.co.ug/News/National/-/688334/1285964/-/bg6gmoz/-/index.html

Government did not engage the services of its principal legal adviser while drafting the now controversial Concession Contract Agreement with Umeme, a senior official in the Justice ministry has told Parliament. Ms Elizabeth Nakkungu, the commissioner of Legal Advisory Services, told MPs yesterday that the Ministry of Finance instead hired a transaction adviser "because the government did not have the capacity at that time to draw up such agreements". Ms Nakkungu said Hunton and Williams, a US-based private firm, drafted the agreement and added that the Attorney General's Office merely 'reviewed and cleared the documents'. "It is not the Attorney General's Office that drafted the agreements. It was the Ministry of Finance through the Privatisation Unit," she told the parliamentary ad hoc committee on energy.

UK-Argentina: Overnight, the Falklands dispute comes alive

Dec 21, http://www.politics.co.uk/news/2011/12/21/overnight-the-falklands-dispute-comes-alive

There were intense diplomatic scenes overnight, after a Latin American deal froze a host of British ships from using their national ports in response to the UK's continued ownership of the Falkland Islands.

The Mercosur bloc, which includes Brazil, Argentina and Uruguay, voted to close their ports to ships flying the Falklands flag, in an unforeseen move which surprised the Foreign Office.

US backs IDB loan for Argentina

Dec 9, http://www.buenosairesherald.com/article/86743/us-backs-idb-loan-for-argentina

The US$400 million credit approval reflects a change in the US's stance, given that even up until recently, Barack Obama's administration had voted against lending Argentina money because of its government's "failure to comply" with its international debt. In September, State Department spokesperson Victoria Nuland said: "As a government we have encouraged Argentina to settle its pending issues" in the international disputes centre from the World Bank (ICSID, International Centre for Settlement of Investment Disputes) so as "to take the necessary measures to normalize totally and definitively its relations with creditors.

US-Oman: First arbitration request under US-Oman FTA initiated

Dec 11, http://www.muscatdaily.com/Archive/Business/First-arbitration-request-under-US-Oman-FTA-initiated

Adel al Tamimi's lawyers formally submitted a Request for Arbitration on Friday as the American businessman took the next step towards initiating the first-ever investment arbitration under the US-Oman Free Trade Agreement. Tamimi is seeking damages totalling approximately US$560mn.

US: BP Announces Settlement with Cameron International Corporation

Dec 16, http://www.bp.com/genericarticle.do?categoryId=2012968&contentId=7072608

BP today announced that it has reached agreement with Cameron International Corporation (“Cameron”), the designer and manufacturer of the Deepwater Horizon blowout preventer, to settle all claims between the companies related to the Deepwater Horizon accident and spill. BP and Cameron have concluded that the settlement is in their mutual best interests, and the agreement is not an admission of liability by either party.

US: Citigroup Deal Haunts Pandit as Saudis Claim $383 Million

Nov 30, http://washpost.bloomberg.com/Story?docId=1376-LTQZ0R0YHQ0X01-2D4TPDJN8NI4RP0IE6SP0VBFHH

Bloomberg - Saudi businessman Ghazi Abbar, who claims in an affidavit he lost $383 million of his family's fortune on investments with Citigroup Inc., was sold one of the transactions even though the bank questioned his ability to properly manage them, according to an internal memo.

The memo, an exhibit in arbitration proceedings with the Financial Industry Regulatory Authority, warned that Abbar didn't have the risk-management capability of the large hedge funds that were typical clients of the bank's "hybrid" desk, which in 2006 was trying to persuade him to move his family's money into complex derivative securities.

US: DuPont Prevails in PROaccess(SM) Arbitration with Monsanto

Dec 15, http://onlinepressroom.net/DuPont/NewsReleases/

An arbitration panel has ruled in favor of DuPont in a dispute filed by Monsanto in May 2009. In the arbitration, Monsanto alleged that DuPont business Pioneer Hi Bred's PROaccessSM genetics distribution relationships breached Pioneer's Roundup Ready® corn and soybean licenses with Monsanto. The arbitrators' ruling denied Monsanto's claims for damages and for injunctive relief. The written decision is confidential.

"Today's ruling is good news for farmers who have shown support for choices in the marketplace by their purchases of seed through PROaccessSM genetics affiliates and distributors," said Paul E. Schickler, Pioneer president. "The arbitration panel's decision affirms DuPont's commitment to bring choices to the farmer."

Through its PROaccessSM business model, launched in 2008, Pioneer has acquired seven U.S. seed companies and maintains distribution relationships with two unaffiliated U.S. seed companies.

Pioneer Hi-Bred, a DuPont business headquartered in Des Moines, Iowa, is the world's leading developer and supplier of advanced plant genetics, providing high-quality seeds to farmers in more than 90 countries. Pioneer provides agronomic support and services to help increase farmer productivity and profitability and strives to develop sustainable agricultural systems for people everywhere. Science with Service Delivering Success™.

US: Fox Insurance Company Awarded $3.3 Million in Arbitration Against Former Pharmacy Benefit Manager

Dec 12, http://www.bizjournals.com/albany/prnewswire/press_releases/New_York/2011/12/12/NY20715

Fox Insurance Company, a Medicare Part D provider, with offices in New York, NY, announces a judgment in the arbitration between the company and ProCare, its former pharmacy benefit manager, in excess of $3.3 million, following a suit against ProCare based on Fox's allegations of negligence and breach of contract.

US: Heungkuk Life Dispute With Goldman Sachs Goes to Arbitration

Dec 22, http://www.businessweek.com/news/2011-12-22/heungkuk-life-dispute-with-goldman-sachs-goes-to-arbitration.html

Bloomberg - Heungkuk sued New York-based Goldman Sachs in federal court in Manhattan in March over a $1 billion collateralized debt obligation known as Timberwolf, accusing the company of fraud and seeking more than $47.3 million in damages. The Seoul-based insurer filed a similar state-court suit in April.

US: Lawmaker urges U.S. pursue trade pact with Egypt

Dec 14, http://www.reuters.com/article/2011/12/14/us-usa-egypt-trade-idUSTRE7BD2H220111214

Reuters - A top Republican lawmaker urged President Barack Obama's administration on Wednesday to pursue trade talks with Egypt to help shape the nascent democracy after a tumultuous year.

Related papers on TDM:

Addressing Investment in a Possible Comprehensive Economic Partnership Initiative Between The United States and Egypt https://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=408

Egypt's Bilateral Investment Treaties: A Straitjacket in a New Era of Foreign Investment Re-regulations? https://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=431

US: Mattersight Announces Settlement of Arbitration With TCV and Private Placement of Common Stock; Mattersight Also Reaffirms Its Q4 Guidance

Dec 19, http://phx.corporate-ir.net/phoenix.zhtml?c=113803&p=irol-newsArticle&id=1641206

Mattersight Corporation today announced that it has settled its arbitration with Technology Crossover Ventures (TCV). As previously disclosed, the arbitration related to TCV's rights as a holder of the Company's Series B Preferred Stock. Under the terms of the settlement, Mattersight has agreed to repurchase all of the 1,872,805 shares of Series B Preferred Stock held by TCV for $8.60 per share, plus an additional $.17 per share representing accrued and unpaid dividends. This purchase price is comprised of $5.10 per share for the liquidation preference of the Series B Preferred Stock plus $3.50 per share for the value of the share of Common Stock into which each share of Series B Preferred Stock is convertible. The total amount of the transaction is $16.4 million, of which $9.9 million will be paid in cash and $6.5 million will be paid in the form of a promissory note. The promissory note accrues interest at the rate of 7% per annum and is payable on December 31, 2012. The Company expects the repurchase to close on December 20, 2011.

US: Protestors Condemn Mining Corporation Suing El Salvador

Dec 15, http://www.ipsnews.net/news.asp?idnews=106237

IPS - Protestors rallied in front of World Bank headquarters in Washington, D.C. today hoping to persuade a tribunal housed there to dismiss a case brought by Pacific Rim Mining Corporation against the government of El Salvador.

US: Senecas agree to arbitration on casino proceeds - Revenue-Sharing Dispute

Dec 13, http://www.buffalonews.com/city/capital-connection/albany/article670781.ece

The Seneca Nation of Indians has agreed to a year-old request by the State of New York to take a $350 million dispute over stalled casino revenue-sharing payments to binding arbitration.

US: Sucampo Reports Conclusion of Arbitration Hearing

Dec 22, http://investor.sucampo.com/phoenix.zhtml?c=201197&p=irol-newsArticle&ID=1642210&highlight=

Sucampo Pharmaceuticals, Inc. announced that the hearing on the Company's claims in the demand for arbitration under the applicable provisions of the Collaboration and License Agreement with Takeda Pharmaceuticals Company Limited, or Takeda, dated October 29, 2004, have concluded within the expected timeframe and we look forward to the arbitrators' decision in the first quarter of 2012.

Under the current agreement, Sucampo and Takeda jointly commercialize AMITIZA® (lubiprostone) in the United States for chronic idiopathic constipation (CIC) and irritable bowel syndrome with constipation (IBS-C) and are developing AMITIZA for other gastrointestinal indications.

Uzbekistan: Metal-Tech - Update on arbitration case against the Republic of Uzbekistan

Dec 9, http://www.metal-tech.co.il/var/102/61646-Uzbekistan%20tribunal%20update%20Final%20091211%20clean.pdf

Further to the announcement on 7 December 2011, Metal-Tech is pleased to announce that its ongoing arbitration case before a Tribunal of the International Centre for Settlement of Investment Disputes (the "Tribunal") against the Republic of Uzbekistan (the "Respondent") is to proceed as scheduled on 23 January 2012 following the Tribunal's decision to reject the Respondent's request to postpone the hearing.

Metal-Tech is seeking damages because it claims that Uzbekistan breached its obligations by denying Uzmetal Technology necessary inputs of molybdenum concentrate in mid-2006, thereby forcing the joint venture to become idle for lack of raw materials to process. The damage to Metal-Tech was exacerbated when Uzbekistan and its state-owned companies (which owned the other 50 percent of Uzmetal Technology) later forced the joint venture into bankruptcy and eventual liquidation.

Aik Rosenberg, Executive Chairman and CEO of the Company, said: "We are delighted with this decision from the Tribunal to continue with the hearing as planned. The Israel-Uzbekistan Bilateral Investment Treaty protects Israeli investors in Uzbekistan from actions such as those taken against Metal-Tech. Under that treaty, Metal-Tech has the right to seek redress from Uzbekistan through binding arbitration. This was an action we had to undertake having exhausted all other avenues. We will continue in our efforts to ensure that the Republic of Uzbekistan answers our claims in front of the Tribunal without delay."

Uzbekistan: Metal-Tech Ltd. - Update on arbitration case against the Republic of Uzbekistan

Dec 12, http://www.metal-tech.co.il/var/102/535972-MTT%20-%20draft%20announcement%20re_%20Uzmetal%20RNS%20version.pdf

The Company provides an update on its ongoing arbitration case before a Tribunal of the International Centre for Settlement of Investment Disputes (the "Tribunal") against the Republic of Uzbekistan (the "Respondent").

As stated previously, Metal-Tech filed a Request for Arbitration against the Republic of Uzbekistan asserting that country's unlawful treatment of Metal-Tech's 50% investment in UzMetal-Technology, a joint venture to produce high-quality molybdenum products. The Request for Arbitration, filed with the International Centre for Settlement of Investment Disputes (ICSID) based in Washington, D.C., asserted Uzbekistan's breach of the Israel- Uzbekistan Bilateral Investment Treaty, as well as violations of various standards of treatment under international law and Uzbek legislation.

The Respondent has requested that the Tribunal defer the hearing currently scheduled to begin on 23 January 2012. The Respondent alleges that it has recently become aware of details concerning a criminal investigation by the Prosecutor General's Office of several companies and individuals involved in unlawful activities in which Uzbek Government officials, Metal-Tech and Uzmetal have been implicated. The Respondent acknowledges that the full scope of the investigation (which could take several months to complete) and the targets are not known at this time.

The Company will not only strongly oppose the Respondent's application to delay the opening of the hearing but will also defend itself vigorously against any such actions if brought.

As part of its request to delay the hearing, the Respondent alleges that the investigation has uncovered a criminal enterprise involved in kickback payments to individuals that included Government officials and individuals affiliated with Metal-Tech and Uzmetal. The Respondent argues that the Tribunal hearing should be deferred until it has analysed any evidence received from the Prosecutor General's Office and both parties have had an opportunity to make written submissions.

Metal-Tech first became aware of the allegations when the Respondent made its request for the hearing to be deferred. Metal-Tech has not been approached by the Prosecutor General's Office in relation to such allegations. Metal-Tech firmly believes that the Respondent is using delaying tactics and any such allegations may be linked to its bringing of the arbitration proceedings before the Tribunal.

Further updates will be provided in due course.

CEMEX and Venezuela sign agreement on compensation for nationalization of CEMEX Venezuela

Dec 1, http://www.cemex.com/MediaCenter/PressReleases/PressRelease20111201.aspx

CEMEX S.A.B. de C.V. is pleased to report that it has reached an agreement, through its Dutch subsidiaries, with the Government of the Bolivarian Republic of Venezuela and its public entity Corporación Socialista del Cemento, S.A. contemplating the payment to CEMEX of US$600 million as compensation for the nationalization of CEMEX Venezuela, S.A.C.A. ("CEMEX Venezuela"). Additionally, the agreement contemplates the cancellation of US$154 million of accounts payable by CEMEX subsidiaries to CEMEX Venezuela.

Compensation will be paid US$240 million in cash and US$360 million in various negotiable securities issued by Petróleos de Venezuela, S.A. ("PDVSA").

The Government of the Bolivarian Republic of Venezuela, Corporación Socialista del Cemento, S.A., and CEMEX are pleased with the resolution of this dispute and look forward to further the relationship between Venezuela and Mexico.

CEMEX is grateful for the support received from the Presidents and Chancellors of Mexico and Venezuela in this matter.

CEMEX is a global building materials company that provides high-quality products and reliable service to customers and communities in more than 50 countries throughout the world. CEMEX has a rich history of improving the well-being of those it serves through its efforts to pursue innovative industry solutions and efficiency advancements and to promote a sustainable future.

Venezuela Petroleum minister: Disputes with oil majors to be solved this year

Nov 29, http://www.eluniversal.com/economia/111129/petroleum-minister-disputes-with-oil-majors-to-be-solved-this-year

"We were told that (rulings will be issued this year,") Venezuela s Minister of Petroleum and Mining Rafael Ramírez said on Monday without providing the names of the companies. Exxon Mobil and ConocoPhillips are requesting over USD 40 billion in compensation, but courts limited their demands

Venezuela: Chavez Rolls Back Seizures as Shortages Hurt Re-Election Bid

Dec 16, http://www.businessweek.com/news/2011-12-18/chavez-rolls-back-seizures-as-shortages-hurt-re-election-bid.html

Bloomberg - Venezuela's President Hugo Chavez is enlisting Mexico's Gruma SAB, French retailer Casino and other international companies to boost supplies of milk, corn flour and cement as shortages threaten to dent his bid for re-election in 2012.

Venezuela: Chavez says Venezuela would be open to seeking agreement in Exxon Mobil arbitration dispute

Dec 6, http://www.macleans.ca/business/wire/article.jsp?content=b15368498

The Associated Press - CARACAS, Venezuela - Venezuelan President Hugo Chavez says his government would be open to negotiating with Exxon Mobil Corp. in a dispute over the nationalization of an oil project in the country.

Venezuela: Rusoro May Turn to Arbitration to Resolve Venezuela Gold Mining Dispute

Nov 29, http://www.rusoro.com/s/News_Releases.asp?ReportID=493762

Rusoro Reports Q3 2011 Financial Results and Termination of Gold Export Permits and Provides Update on the Nationalization

See also http://www.bloomberg.com/news/2011-12-17/rusoro-may-turn-to-arbitration-to-resolve-venezuela-gold-mining-dispute.html

IDN 102 - Part 2 with William Ury on Negotiating with Difficult People

Dec 5, http://cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/737/IDN-102--Part-2-with-William-Ury-on-Negotiating-with-Difficult-People-Dec-5.aspx

Part 2: William Ury returns to discuss negotiating with difficult people. The co-author of Getting to Yes this week turns to practice pointers. Here's what you need to do to get to your "Batna"-your "best alternative to a negotiated agreement."

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.

JOBS / MOVES

Nils Wahl nominated Advocate-General at the Court of Justice of the European Union

Dec 9, http://www.sweden.gov.se/sb/d/7331/a/182358

The Government today nominated Judge Nils Wahl of the General Court as Advocate-General at the Court of Justice of the European Union.

EFTA - Election of Judge Carl Baudenbacher as President of the Court

Dec 12, http://www.eftacourt.int/index.php/news/detail/pr_12_11_election_of_judge_carl_baudenbacher_as_president_of_the_court/

The EFTA Court consists of three regular judges and six ad hoc judges nominated by Norway, Iceland, and Liechtenstein. Earlier this year, Per Christiansen (Norway), and Páll Hreinsson (Iceland) took office as new judges at the Court. Carl Baudenbacher has been a member of the Court since 1995.

PCA: Resignation of the Secretary-General and appointment of his successor

Dec 6, http://pca-cpa.org/shownews.asp?ac=view&nws_id=325&pag_id=1261

On December 6, 2011, the PCA Administrative Council composed of the representatives of its 112 Member States accepted the resignation of H.E. Christiaan M.J. Kröner as Secretary-General of the PCA, effective as of December 31, 2011.

The Administrative Council appointed H. E. Hugo Hans Siblesz, current Ambassador of the Kingdom of the Netherlands to France, to succeed Secretary-General Kröner, effective as of May 1, 2012.

In the interim period Mr. Brooks W. Daly, current Deputy Secretary-General, will be acting Secretary-General of the PCA.

Energy Charter Conference Appoints Urban Rusnak as new ECS Secretary General

Nov 29, http://www.encharter.org/

Dr. Urban Rusnák was appointed ECS Secretary General by the Energy Charter Conference at its 22nd Meeting in Sofia, Bulgaria, on 29 November 2011, he is to take up his post in January 2012. From 2009, Dr. Rusnák was the Project Leader for External Energy Security of the Slovak Republic, prior to that was Extraordinary and Plenipotentiary Ambassador of the Slovak Republic to Ukraine for four years. In addition to his mother tongue, Dr. Rusnák speaks English, Russian, Turkish, Ukrainian, French and Hungarian.

BOOKS

Challenge and Disqualification of Arbitrators in International Arbitration

Karel Daele
Kluwer Law International, Hardback, ISBN13: 9789041137999, December 2011

In this thoroughly researched study of the grounds and procedures involved in challenging an arbitrator, the author provides the first in-depth analysis of the pertinent rules, guidelines, and standards of all the major international arbitration tribunals, as well as relevant issues raised in national case law in the United States, France, England, Sweden and Switzerland.

ICSID

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

Status of Proceeding: Claimants file a request for the Tribunal to decide on matters concerning participation of counsel on November 28:

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

Status of Proceeding: arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3) on November 23:

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

Status of Proceeding: Respondent files a rejoinder on the merits on November 23

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

Status of Proceeding: Claimant files a reply on the merits and a counter-memorial on jurisdiction on November 25

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

Status of Proceeding: each party files a submission on costs on November 25

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

Status of Proceeding: ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award in Paris on November 25

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

Status of Proceeding: Respondent files a rejoinder on quantum on November 25

New: Gambrinus, Corp. v. Bolviarian Republic of Venezuela (ICSID Case No. ARB/11/31)

Fertilizer enterprise, Registered December 02. Tribunal not yet constituted.

New: Indorama International Finance Limited v. Arab Republic of Egypt (ICSID Case No. ARB/11/32)

Textile enterprise, Registered December 02. Tribunal not yet constituted

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

Tribunal Constituted, Dec 2. B.M. Cremades, B. Hanotiau, R. Knieper

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

Status of Proceeding: Claimant files observations on the Respondent's preliminary objections on November 30

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

Status of Proceeding: Tribunal holds a first session in Washington, D.C. on December 1

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

Status of Proceeding: Tribunal issues a procedural order concerning the Respondent's request of November 18, 2011 on November 24

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

Status of Proceeding: Claimants file a rejoinder on the counter-claim on November 18

Giordano Alpi and others v. Argentine Republic (ICSID Case No. ARB/08/9)

Following the Tribunal's invitation of November 4, 2011, each party files a further submission on jurisdiction on November 25

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

Status of Proceeding: following the Tribunal's invitation of November 9, 2011, the Respondent files a further submission on jurisdiction on November 29

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

Status of Proceeding: Tribunal poses questions to the parties on December 2

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

Status of Proceeding: Respondent files a counter-memorial on the merits on November 30

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

Status of Proceeding: Tribunal holds a first session in London on December 8

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

Status of Proceeding: Claimant files a request for provisional measures on December 9

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 December 9

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

Status of Proceeding: Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference on December 7

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

Decision on the Proposal for the Disqualification of two Members of the Arbitral Tribunal May 20th 2011 available http://bit.ly/ICSID

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

Status of Proceeding: Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference on December 7

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

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

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

Status of Proceeding: Respondent files observations on the Claimant's request for the exclusion of evidence on December 2

Bosh International, Inc. and B&P, LTD Foreign Investments Enterprise v. Ukraine (ICSID Case No. ARB/08/11)

Status of Proceeding: Tribunal hold a hearing on jurisdiction and liability in Washingon, D.C. on December 7-9

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

Status of Proceeding: Respondent files a counter-memorial on the merits, including counter-claims on December 5

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 conference on November 17

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

Status of Proceeding: Tribunal issues Procedural Order No. 5 concerning the organization of the hearing on quantum on December 7

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

Status of Proceeding: Claimant files observations on the Respondent's response of November 23, 2011 on December 9

Spyridon Roussalis v. Romania (ICSID Case No. ARB/06/1) Award and Separate Opinion @ http://bit.ly/ICSID

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

Status of Proceeding: following appointment by the Claimant, Judd L. Kessler (U.S.) accepts his appointment as arbitrator

National Gas S.A.E. v. Arab Republic of Egypt (ICSID Case No. ARB/11/7)

Tribunal Constituted: Dec 15. V.V. Veeder; L.Y. Fortier; B. Stern

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

Status of Proceeding: the Tribunal issues Procedural Order No. 1 concerning production of documents on December 19

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

Status of Proceeding: the Tribunal issues Procedural Order No. 3 concerning production of documents, the procedural calendar, and the organization of the hearing on jurisdiction and merits on December 13

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

Status of Proceeding: Commerce Group Corp. and San Sebastian Gold Mines, Inc. file a memorial on annulment on December 15

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

Status of Proceeding: the Respondent files a rejoinder on jurisdiction on December 12

Giordano Alpi and others v. Argentine Republic (ICSID Case No. ARB/08/9)

Status of Proceeding: each party files observations on the other party's submission of November 25, 2011 on December 13

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

Status of Proceeding: the Respondent files a rejoinder on the merits on December 15

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

Outcome of Proceeding: The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1) on December 12, 2011.

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

Status of Proceeding: following the Tribunal's invitation of November 9, 2011, the Claimants file a further submission on jurisdiction on December 19

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

Outcome of Proceeding: The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1) on December 12, 2011

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

Status of Proceeding: the Tribunal issues Procedural Order No. 6 concerning the admissibility of new evidence on December 8

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

Status of Proceeding: Claimants' file a rejoinder on jurisdiction on December 21

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

Annulment Proceeding Registered December 20, 2011. Ad hoc Committee not yet constituted.

Getma International and others v. Republic of Guinea (ICSID Case No. ARB/11/29)

Status of Proceeding: following appointment by the Respondent, Pierre Tercier (Swiss) accepts his appointment as arbitrator on December 15

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

Status of Proceeding: the Tribunal holds a first session by telephone conference on December 21

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

Status of Proceeding: the Respondent files a counter-memorial on the merits on December 22

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

Status of Proceeding: the Tribunal issues Procedural Order No. 4 concerning production of documents and examination of witnesses on December 22

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

Status of Proceeding: the Tribunal issues Procedural Order No. 4 concerning the organization of the hearing on jurisdiction on December 23

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

Status of Proceeding: the ad hoc Committee holds a first session in Paris on December 5

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

Status of Proceeding: the ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Bernardo M. Cremades (Spanish), President; Nayla Comair-Obeid (Lebanese); and Fernando Mantilla-Serrano (Colombian); all members appointed by the Chairman of the Administrative Council on December 20

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

Status of Proceeding: the proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d)on December 9

Electricidad Argentina S.A. and EDF International S.A. v. Argentine Republic (ICSID Case No. ARB/03/22)

Status of Proceeding: the suspension of the proceeding is further extended until March 31, 2012, pursuant to the parties’ agreement on December 22

Antoine Goetz and others v. Republic of Burundi (ICSID Case No. ARB/01/2)

Status of Proceeding: the Tribunal holds a hearing on jurisdiction and the merits in Paris on November 28-29