issue #02, week 10. 08 March 2012
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

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

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NEWS

ICC: Facts and Figures on ICC Arbitration - 2011 Statistical Report

Feb 8, http://www.iccwbo.org/court/arbitration/index.html?id=47370

- 796 Requests for Arbitration were filed with the ICC Court;
- Those Requests concerned 2,293 parties from 139 countries and independent territories;
- In 10,2% of cases at least one of the parties was a State or parastatal entity;
- The place of arbitration was located in 63 countries throughout the world;
- Arbitrators of 78 nationalities were appointed or confirmed under the ICC Rules;
- The amount in dispute was under one million US dollars in 22.7% of new cases;
- 508 awards were rendered.

ICC: South Texas College of Law wins ICC Mediation Competition

Feb 10, http://www.iccwbo.org/index.html?id=47401

After five days of intense competition South Texas College of Law (USA), has emerged victorious in the battle to win the 7th ICC International Commercial Mediation Competition.

ICJ: Territorial and Maritime Dispute (Nicaragua v. Colombia) - The Court to hold public hearings from Monday 23 April to Friday 4 May 2012

Feb 16, http://www.icj-cij.org/docket/files/124/16927.pdf

The International Court of Justice (ICJ), the principal judicial organ of the United Nations, will hold public hearings in the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia) from Monday 23 April to Friday 4 May 2012, at the Peace Palace in The Hague, the seat of the Court.

These hearings will be streamed live in full on the Court's website.

The schedule for the hearings and more information can be found here http://www.icj-cij.org/docket/files/124/16927.pdf

ICSID - New Designations to the ICSID Panels

Feb 8, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement104

The Centre maintains a Panel of Conciliators and a Panel of Arbitrators pursuant to Articles 12-16 of the ICSID Convention. Each ICSID Contracting State may designate up to four persons to each Panel. The designees may, but need not, be nationals of the designating country. In addition, up to ten persons may be designated by the Chairman of the Administrative Council. Each designee normally serves for a renewable term of six years.

Since the last release of November 2010, designations to the ICSID Panels have been made by the governments of Albania, Bahrain, Chile, Grenada, Honduras, Kuwait, Lebanon, Moldova, Peru, Portugal and Timor-Leste. The names of the designees and the effective dates of their terms in office are listed below.

ICSID Caseload - Statistics - Issue 2012-1

Feb 2, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement103

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

This issue (Issue 2012-1), published in the three official languages of the Centre (English, French and Spanish), contains an overview of the cases registered or otherwise administered by ICSID as of December 31, 2011. The issue features information concerning the basis of consent to ICSID jurisdiction, the geographic distribution of cases by State Party to the dispute, and the economic sectors involved in ICSID cases. It also contains data on outcomes in ICSID proceedings (including further information on disputes decided by arbitral tribunals), the nationalities of arbitrators, conciliators and ad hoc committee members appointed in ICSID cases, and outcomes in annulment proceedings under the ICSID Convention.

PCA: Indus Waters Kishenganga Arbitration (Pakistan v. India)

Feb 15, http://pca-cpa.org/shownews.asp?ac=view&nws_id=329&pag_id=1261

A Court of Arbitration constituted pursuant to the Indus Waters Treaty 1960 has completed a site visit of the Neelum River Valley.

A delegation of the Court of Arbitration constituted pursuant to the Indus Waters Treaty 1960 has completed a site visit of the Neelum River Valley.

Arriving in Islamabad on February 3' 2012 the Court's delegation' together with representatives from India and Pakistan' traveled to Muzaffarabad. On February 4' the Court's delegation proceeded by road into the Neelum Valley and visited the Gauge-Discharge observation site at Dudhnial. The Court's delegation also visited a water pumping installation in the vicinity of Athmuqam and was briefed on lift irrigation practices in the Neelum Valley. The Court's delegation then returned to Islamabad on February 5' and departed Pakistan on February 6' 2012.

On May 17' 2010' Pakistan had instituted arbitral proceedings against India under Article IX and Annexure G of the Indus Waters Treaty' an international agreement signed by India and Pakistan in 1960 that allocates the use of the Indus river system between the two countries. Pakistan and India differ over the interpretation and application of provisions of the Indus Waters Treaty bearing upon the Kishenganga Hydroelectric Project. The full Court of Arbitration conducted an earlier site visit to the Neelum-Jhelum and Kishenganga hydro-electric projects and surrounding areas in June 2011.

The notes and photographs taken during the two site visits will be used in the internal deliberations of the Court. Additionally' the Court will consider the written and oral pleadings that have been and will be submitted by Pakistan and India. The Court is set to issue its Award in early 2013.

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

PCA: Three New Member States Join the PCA

Feb 8, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=327&pag_id=1261

On October 28, 2012, the Republic of Albania acceded to the 1907 Convention for the Pacific Settlement of International Disputes, and became an effective member state of the PCA on December 27, 2011.

The Socialist Republic of Vietnam deposited its instruments of accession to the 1899 and 1907 Hague Conventions for the Pacific Settlement of International Disputes with the Ministry of Foreign Affairs of The Netherlands, the depositary of the Conventions, on December 29, 2011. According to Article 60 of the 1899 Convention, the Convention entered into force for Vietnam on December 29, 2011.

The People's Republic of Bangladesh acceded to the 1907 Convention for the Pacific Settlement of International Disputes on December 28, 2011, and will become a member state of the PCA effective February 26, 2012.

Albania, Vietnam and Bangladesh have thus become the 113th, 114th and 115th member states of the PCA.

The PCA welcomes this expression of support for the work of the PCA and the peaceful settlement of international disputes.

ECT: Restrictions on Export of Electricity in the Balkan Region

Feb 22, http://www.encharter.org/index.php?id=21&id_article=267&L=0

On 17 February 2012 the Energy Charter Secretariat received a letter signed by representatives of six companies located in Energy Charter Treaty member countries. The letter refers to certain measures which have resulted in severe restrictions of electricity exports in the Energy Charter's constituency.

Given the provisions of the Energy Charter Treaty prohibiting unjustified export restrictions and the seriousness of allegations presented in the letter, the Secretariat contacted the governments of Albania, Bulgaria, Greece, Romania, Serbia and The former Yugoslav Republic of Macedonia as well as transmission system operators in those countries on 17 February 2012 requesting information that would allow the Secretariat to clarify the nature and basis of any measures enacted.

The Secretariat continues to monitor the situation with respect to countries that have enacted similar measures. All additional information received by the Secretariat will be immediately made available on its website.

The Secretariat calls for maximum transparency with respect to any measures limiting the electricity export in the constituency of the Energy Charter Treaty. The Secretariat also reiterates that the measures applied to prevent or relieve critical shortage of electricity on domestic markets should not be employed for periods longer than is necessary to achieve that objective.

EFTA opens free trade negotiations with Central American States (Costa Rica, Guatemala, Honduras and Panama)

Mar 2, http://www.efta.int/free-trade/free-trade-news/2012-03-01-efta-central-america-1st-rnd-fta.aspx

Delegations from the EFTA States and Costa Rica, Guatemala, Honduras and Panama convened for a first round of negotiations on a broad-based free trade agreement from 28 February to 1 March 2012 in Geneva.

The launch of negotiations between EFTA and Central American States had been announced by Ministers from both sides on 14 November 2011. In December, a common framework for the negotiating process was agreed by the Parties.

The first round allowed for an initial review of all envisaged topics in an open and constructive spirit, with Ambassador Didier Chambovey from the Swiss State Secretariat for Economic Affairs acting as EFTA’s spokesperson.

Delegations agreed on the structure of the draft agreement as well as on a range of follow-up work in preparation for the second round of negotiations, foreseen to be held in Panama.

During the last decade, merchandise trade between EFTA and the four Central American countries has increased substantially to reach almost USD 1 billion in 2011.

New Survey Launched to Explore Current and Best Practices in the Arbitral Process

Mar 6, http://www.arbitrationonline.org/survey

The views of lawyers involved in international commercial and investment arbitration are being sought for a new international arbitration survey from Queen Mary, University London (QMUL).

Conducted by the School of International Arbitration and sponsored by global law firm White & Case LLP, the 2012 survey aims to examine whether a "harmonised international arbitration procedure is emerging, by canvassing the views of experienced arbitration practitioners from all over the world," comments Professor Loukas Mistelis, Director of the School of International Arbitration at QMUL.

Those who wish to contribute have time until the end of May to complete their responses. Questionnaire responses will be followed by individual interviews for those willing to participate. The report is expected to be launched in September 2012.

Report: Litigation Funding in Australia: Identifying and Addressing Conflicts of Interest for Lawyers

Feb 8, http://www.instituteforlegalreform.com/doc/litigation-funding-in-australia-identifying-and-addressing-conflicts-of-interest-for-lawyers

The combination of influence and incentives created by litigation funding arrangements create an array of conflicts of interest for the lawyer. This paper examines those conflicts of interest in light of the Australian experience.

Parliamentarians from EFTA and Indonesia support comprehensive economic partnership

Feb 13, http://www.efta.int/advisory-bodies/advisory-bodies-news/2012-02-13-pc-trip-indonesia.aspx

A delegation from the EFTA Parliamentary Committee visited Jakarta, Indonesia, from 7 to 10 February. The main purpose of the visit was to discuss the merits of strengthened EFTA-Indonesia trade relations with legislators, officials and stakeholders, and to support the ongoing negotiations between EFTA and Indonesia on a comprehensive economic partnership agreement (CEPA).

Albania: Sky Petroleum, Inc. vs Ministry of Economy, Trade, and Energy of Albania, National Agency of Natural Resources of Albania

Jan 23, http://ir.skypetroleum.com/phoenix.zhtml?c=148155&p=irol-secText&TEXT=....

From SEC Filings:

On June 24, 2010, Sky Petroleum, Inc. entered into the Production Sharing Contract (“PSC”) with the Ministry of Economy, Trade and Energy of Albania, acting by and through the National Agency of Natural Resources of Albania (“AKBN”) ratified by the Council of Ministers and published in the Fletoren Zyrtare on December 17, 2010. The PSC became effective on January 3, 2011.

As reported in the Sky Petroleum’s Form 8-K dated December 23, 2011, Sky Petroleum delivered Notice of Arbitration on December 22, 2011, under the Arbitration Rules of the United Nations Commission on Internal Trade Law to AKBN to institute an arbitration proceeding against the Ministry of Economy, Trade and Energy of Albania, acting by and through AKBN, for breach of the PSC. The arbitration proceeding arises out of the alleged termination of the PSC in breach of the expressed termination provisions in Article 24 of the PSC.

On January 10, 2012, Sky Petroleum filed a complaint (Case No.: A-12-CA-023-SS) with the United States District Court, Western District of Texas, Austin Division (the “Court”) for declaratory and injunctive relief against the Ministry of Economy, Trade, and Energy of Albania, acting by and through AKBN (collectively, the “Defendants”). The action for declaratory and injunctive relief under the Foreign Sovereign Immunities Act and the Albania-America Bilateral Investment Treaty sought to compel arbitration of the dispute between Sky Petroleum and the Defendants (collectively, the “Parties”) under the PSC and to preserve the status quo ante between the Parties pending completion of arbitration under the United Nations Commission on International Trade Law.

On January 10, 2012, the Court granted a Temporary Restraining Order in favor of Sky Petroleum to maintain the status quo between the Parties by temporarily restraining the Defendants from awarding, transferring, or otherwise disposing of any rights to explore, develop and/or produce petroleum on the properties that are the subject matter of the PSC (the “Contract Area”). The Court also ordered that the matter be set for a hearing on January 19, 2012 and that Sky Petroleum provide a surety bond in the amount of $500,000.

On January 19, 2012, Sky Petroleum, through legal counsel and a corporate representative, appeared before the Court to argue the merits of Sky Petroleum’s Motion for Preliminary Injunction and on January 20, 2012, the Court delivered an Order and Preliminary Injunction (i) granting Sky Petroleum’s preliminary injunction to maintain the status quo between the Parties pending arbitration, (ii) enjoining the Defendants and all persons acting in concert with them from awarding, transferring, or otherwise disposing of any rights to explore, develop and/or produce petroleum on the Contract Area until a final arbitration award is issued, (iii) ordering the Defendants to remove from their website or other publicly available documents all references to the Contract Area being “free” or otherwise available for new contractors until a final arbitration award is issued, and (iv) ordering the Parties to arbitrate their dispute with the United Nations Commission on International Trade Law according to the terms of the PSC. Additionally, the Court ordered that Sky Petroleum only be required to post a surety bond of $50,000 in lieu of the $500,000 surety bond that the Court had previously requested.

Accordingly, Sky Petroleum intends to continue to vigorously pursue its rights and remedies against the Defendants under the mandatory arbitration provision in Article 21 of the PSC.

Algeria: Endgame with Maersk (subscription)

Feb 15, http://www.africaintelligence.com/AEM/financial-operations/2012/02/15/endgame-with-maersk,98496610-BRE

A finding is shortly to be handed down on the arbitration procedure between Denmark's Maersk and the national oil company Sonatrach on Algeria's windfall tax on exceptional oil profits.

Argentina's YPF Shares Rally As Takeover Fears Recede

Mar 1, http://www.foxbusiness.com/news/2012/03/01/argentinas-ypf-shares-rally-as-takeover-fears-recede/

BUENOS AIRES - Shares of Argentina's largest oil and gas producer, YPF SA, rose as much as 16.5% Thursday as investors piled back into the stock after President Cristina Kirchner made no mention of nationalizing the company in a speech to Congress.

Argentina: US eyes suspending trade benefits for Argentina

Mar 6, http://www.dailytimes.com.pk/default.asp?page=2012%5C03%5C07%5Cstory_7-3-2012_pg5_34

Reuters - The United States could soon suspend trade benefits for Argentina because of that country's failure to pay awards in two long-running investment disputes with US companies, a US trade official said. "We hope to make a recommendation to the president Barack Obama in the near term," a US trade official told Reuters in response to an Argentine newspaper report that Argentina could soon lose the US trade benefits.

Argentine Ambassador to the US: "Argentina accepts and acknowledges ICSID's arbitral awards are final and binding"

Mar 6, http://english.telam.com.ar/index.php?option=com_content&view=article&id=14434:argentine-ambassador-before-the-us-argentina-accepts-and-acknowledges-icsids-arbitral-awards-are-final-and-binding&catid=37:economy

Télam - National News Agency of Argentina - Argentine Ambassador before the US Jorge Argüello has stated that Argentina "accepts and acknowledges" ICSID (International Centre for Settlement of Investment Disputes)´s arbitral awards are final and binding and that those investors who were benefited by the Tribunal should begin locally the collection procedure.

The Ambassador added that Argentina clearly rejects the ex post facto interpretation on the part of the United States that the arbitral awards must be complied with voluntarily by States according to article 53 of ICSID".

Armenia: Developed commercial arbitration will promote Armenian businesses: Deputy Justice Minister

Feb 22, http://arka.am/en/news/economy/developed_commercial_arbitration_will_promote_armenian_businesses_deputy_justice_minister/

ARKA - A developed commercial arbitration will help promote Armenian businesses, a deputy justice minister Aram Orbelian told a news conference today. He said a developed commercial arbitration is an alternative way to resolve business disputes, and alternative solutions have a positive influence on these disputes.

"In 2011 the arbitration court of the Chamber of Commerce and Industry of Armenia heard only three cases. I think we need to work hard to increase the level of public confidence in the arbitration system," he said.

The European Union is showing support for a special program designed to develop commercial arbitration in Armenia. The Arbitration Court of Armenia was established in 2007. -0-

Australia Said to Face WTO Complaint Over Tobacco Packaging, Ban on Logos

Mar 5, http://www.bloomberg.com/news/2012-03-05/australia-said-to-face-wto-complaint-over-ban-on-tobacco-logos.html

Australia may face a complaint at the World Trade Organization over its decision to ban trademarks and logos on tobacco products, according to two people with direct knowledge of the matter.

Australia: Plain cigarette packaging labelled unlawful

Feb 14, http://www.ft.com/intl/cms/s/0/9be23214-5701-11e1-be25-00144feabdc0.html#axzz1mRcONVdt

Big tobacco companies are claiming Australia's plain packaging law breaches the nation's constitution because the government is effectively acquiring brands and intellectual property without compensation by suppressing branding.

Bangladesh awaits UN ruling on sea boundary; hopes to offer disputed gas blocks

Mar 7, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/NaturalGas/7331411

Platts - Bangladesh, which is waiting for a UN tribunal ruling on its sea boundary with Myanmar later this month, hopes to offer some disputed deepwater gas blocks along with eight shallow water offshore blocks under a bidding round in April, Petrobangla's director for PSCs Muhammah Imaduddin said Wednesday.

"We are planning to offer at least two to three deepwater gas blocks in the planned April bidding round if Bangladesh gets legitimate right over the deepwater blocks in the verdict by the international tribunal," Imaduddin, who looks after Petrobangla's production sharing contracts with international oil companies, said.

The International Maritime Boundary Dispute Settlement Tribunal in Hamburg, Germany, will pass a verdict in the Bangladesh-Myanmar maritime boundary dispute on March 14, Bangladesh's Foreign Minister Dipu Moni said earlier.

Barbados plays role in Venezuelan firms nationalisation fight

Feb 23, http://www.caribbean360.com/index.php/business/556717.html

A 1999 double taxation convention signed between Barbados and Venezuela has been drawn into play in a nationalisation dispute between well known Venezuelan food and beermaker Empresas Polar and the Venezuelan government.

Bolivia: Rurelec Submits Bolivian Claim of US $142 million to Permanent Court of Arbitration in The Hague

Feb 2, http://www.rurelec.com/news-and-publications/219-rurelec-submits-bolivian-claim-of-us-142-million-to-permanent-court-of-arbitration-in-the-hague?format=pdf

Rurelec PLC, the electricity utility which owns and operates power generation capacity in Latin America announces that it has submitted its Statement of Claim to the Permanent Court of Arbitration (PCA) in The Hague in the context of its ongoing arbitration against the Plurinational State of Bolivia ("Bolivia") commenced on 24 November 2010 pursuant to the UK-Bolivia investment treaty. The value of the claim for the expropriation of its controlling share stake in Empresa Guaracachi SA ("Guaracachi") and other associated assets has been assessed by its independent valuation experts at US $142.3 million.

The Government of Bolivia agreed to full transparency relating to documents filed in the arbitration process and the hearings, which will be held in public. The parties are bound by the decision of the arbitration tribunal, which is not appealable on the merits. In accordance with the process laid down in the 2010 Arbitration Rules of the United Nation Commission on International Trade Law (UNCITRAL) and the Tribunal's rulings, if no earlier settlement is reached, the final hearing of the arbitration panel following submission of all written submissions is scheduled for April 2013.

Bolvia: Rurelec Submits Bolivian Claim of US $142 million to Permanent Court of Arbitration

Mar 2, http://www.rurelec.com/index.php?view=article&catid=10:press-releases&id=219:rurelec-submits-bolivian-claim-of-us-142-million-to-permanent-court-of-arbitration-in-the-hague&format=pdf

http://www.rurelec.com/index.php?view=article&catid=10:press-releases&id=219:rurelec-submits-bolivian-claim-of-us-142-million-to-permanent-court-of-arbitration-in-the-hague&format=pdf

On TDM: Statement of Claim as filed with the Permanent Court of Arbitration on 1 March 2012 in the pending arbitration with Bolivia pursuant to Article 16 (Transparency) of the Tribunal's Procedural Order No. 1.

https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=7349

Canaccord and China plan $1bn resources fund

Feb 9, http://www.ft.com/intl/cms/s/0/bebbe6bc-5310-11e1-950d-00144feabdc0.html#axzz1lzJROAoy

Canaccord is to establish a $1bn fund with the state-owned Export-Import Bank of China to invest in Canadian natural resources, as a trade mission to Beijing led by Canada’s prime minister prompts a flurry of deals between the two countries.

China and Canada signed a bilateral investment treaty on Wednesday. Stephen Harper, Canadian prime minister, said that the treaty, which came after nearly two decades of talks, was a historic step forward.

Canada: NDP demand changes to foreign investment law

Feb 7, http://www.cbc.ca/news/politics/story/2012/02/07/pol-ndp-motion-caterpillar-investment-canada.html

The NDP want the House of Commons to spend Thursday debating a motion on foreign buyers and the Investment Canada Act in the wake of two plant closures, party leader Nycole Turmel told Evan Solomon, host of CBC's Power & Politics.

Cape Verde government to approve new Tax Benefit Code

Feb 15, http://www.macauhub.com.mo/en/2012/02/15/cape-verde-government-to-approve-new-tax-benefit-code/

The minister noted that Cape Verde offered a lot of tax benefits but the companies have not always been capable of making use of them.

Central African Republic - CNPC on Grynberg's old block [subscription]

Feb 29, http://www.africaintelligence.com/AEM/oil/2012/02/29/cnpc-on-grynberg-s-old-block,99040870-GRA

The state-owned Chinese group has been working very discreetly on part of the block operated in the past in a high tension zone by the American Jack Grynberg

China: AMSC Fights for Justice in China, Revives Wind Business

Feb 14, http://www.greentechmedia.com/articles/read/AMSC-Fights-For-Justice-in-China-Revives-Wind-Business/

AMSC's next court date is February 24 with the Beijing Arbitration Commission. McGahn is optimistic.

But optimism may be inadequate in the confrontation with China's legal system. Both a Shanghai corporate head and an attorney who does business law in China offered GTM the same potentially crucial insight.

In the Chinese legal system, the weakness in AMSC's case is that it did not have a contract specifying what damages it would be entitled to.

China: AMSC Provides Litigation Update

Feb 15, http://phx.corporate-ir.net/phoenix.zhtml?c=86422&p=irol-newsArticle_Print&ID=1661245&highlight=

AMSC, a global solutions provider serving wind and grid leaders, today provided an update regarding its legal actions in China. As previously reported, AMSC has filed for arbitration and has filed three civil lawsuits in the Chinese courts against Sinovel Wind Group Co., Ltd. (Sinovel) and companies related to Sinovel. In total, AMSC is seeking to recover more than $1.2 billion for contracted shipments and damages from Sinovel in these cases, which stem from Sinovel's contractual breaches in March 2011 and AMSC's discovery of intellectual property theft by Sinovel employees in June 2011.

Among the cases is a civil action against Sinovel for software copyright infringement that has been filed with the Beijing No. 1 Intermediate People's Court. The case alleges Sinovel's unauthorized use of portions of the AMSC's wind turbine control software source code developed for Sinovel's 1.5 MW wind turbines and the binary code, or upper layer, of AMSC's software for its PM3000 power converters. AMSC is seeking a cease and desist order and damages totaling $6 million in this case.

In November 2011, Sinovel filed a motion to remove this case from the Beijing No. 1 Intermediate People's Court and transfer the matter to the Beijing Arbitration Commission. On February 14, 2012, the court denied Sinovel's motion to remove the case.

China: First Arbitration Hearing for AMSC

Feb 26, http://www.offshorewind.biz/2012/02/26/china-first-arbitration-hearing-for-amsc/

On Friday AMSC had its first arbitration hearing with the Beijing Arbitration Commission. AMSC is seeking $70 million for past product shipments and is seeking enforcement of its contracts with Sinovel Wind Group Co., Ltd (Sinovel), which are valued at approximately $700 million.

China: Izard Nobel LLP Announces Class Action Lawsuit Against CNOOC Limited

Mar 6, http://www.izardnobel.com/CNOOC

The law firm of Izard Nobel LLP, which has significant experience representing investors in prosecuting claims of securities fraud, announces that a lawsuit seeking class action status has been filed in the United States District Court for the Southern District of New York on behalf of purchasers of the American Depositary Shares ("ADSs") of CNOOC Limited ("CNOOC" or the "Company") CEO -3.15% between January 27, 2011 and September 16, 2011, (the "Class Period"). CNOOC, through its subsidiaries, engages in the exploration, development, production and sale of crude oil, natural gas and other petroleum products. CNOOC owns oil and natural gas properties in Asia, Oceania, Africa, the Americas and offshore China -- including the Penglai 19-3 ("PL19-3") oilfield situated in northern China's Bohai Bay.

Complaint: http://www.izardnobel.com/admin/uploads/10565004684f56878d53813.pdf

Chinese arbitration authority hears American Superconductor's contractual dispute

Feb 29, http://www.shanghaidaily.com/article/article_xinhua.asp?id=54000

Xinhua - Sinovel, the world's second-largest wind turbine maker, and the American Superconductor Corporation (AMSC) have separately expressed confidence in winning a contractual dispute that is being mediated by Chinese authorities.

Criticism of Chevron Grows Over Use of "Secret" Panel to Evade $18 Billion Ecuador Judgment - International Jurists Protest Oil Giant's Latest Maneuver

Feb 13, http://chevrontoxico.com/news-and-multimedia/2012/0213-criticism-of-chevron-grows-over-use-of-secret-panel.html

The Andean Commission of Jurists and five prestigious international law experts from around the world have joined a growing chorus of criticism targeting Chevron's attempt to use a secret investor arbitration as part of its campaign to evade an $18 billion environmental judgment in Ecuador, according to letters released today.

Dubai's legal system improves competitiveness - Dubai Chamber seminar sheds light on new ways of resolving commercial disputes

Mar 6, http://www.emirates247.com/business/economy-finance/dubai-s-legal-system-improves-competitiveness-2012-03-06-1.446941

Dr. Ahmed bin Hazeem, Director General, Dubai Courts, said Dubai's legal system not only contributes to providing stability necessary for the development of trade but also helps in attracting global investors to the emirate's safe business environment.

EN CASO CHEVRON III - TRIBUNAL ARBITRAL DICTA SEGUNDO LAUDO INTERINO DE MEDIDAS PROVISIONALES PARA SUSPENDER LA EJECUCIÓN DE LA SENTENCIA DE LAGO AGRIO

Feb 17, http://www.pge.gob.ec/es/rotativo/1818-tribunal-arbitral-dicta-medidas-provisionales-para-suspender-ejecucion-de-sentencia-lago-agrio.html

Quito, 17 de febrero de 2012, CS/064 - El tribunal internacional que conoce el arbitraje conocido como Chevron III, iniciado en septiembre de 2009 por las compañías Chevron Corporation y Texaco Petroleum Company en contra de la República del Ecuador, con la finalidad de que se declare al Estado ecuatoriano responsable por la sentencia que pueda dictarse en el proceso conocido como “juicio de Lago Agrio”, emitió el día de ayer, 16 de febrero, un segundo laudo interino de medidas provisionales, luego de que en días anteriores se llevara a cabo una audiencia en Washington DC, donde el tribunal conoció varios pedidos de medidas hechos por las petroleras.

Este segundo laudo interino ordena al Estado y, de forma expresa a las funciones Judicial, Legislativa y Ejecutiva, a adoptar todas las medidas a su disposición para suspender o causar la suspensión de la ejecución y reconocimiento, dentro y fuera del Ecuador, de la sentencia dictada en dicho juicio. Además, y, sin perjuicio de la generalidad de la orden anterior, dispone al Estado tomar medidas que impidan cualquier certificación de la República que pueda causar que dicha sentencia sea ejecutada en contra de Chevron Corporation.

De otra parte, en el mismo laudo, el tribunal ordenó a Chevron y Texaco hacer un depósito de USD 50 millones como garantía, debido a que las compañías serán legalmente responsables, de forma individual o conjunta, por los costos o pérdidas que la República del Ecuador pueda sufrir en el cumplimiento de sus obligaciones en virtud de esta decisión arbitral; dicha cantidad deberá ser depositada ante la Corte Permanente de Arbitraje dentro de los 30 días siguientes a la emisión del laudo.

El Procurador General del Estado, al referirse a lo resuelto por el tribunal, declaró que “el laudo interino es una medida procesal que no tiene por objeto y no decide sobre el tema de fondo; en este sentido, es de competencia exclusiva de la Función Judicial y de los órganos respectivos del Estado ecuatoriano determinar sus respectivas obligaciones a la luz del derecho internacional, los preceptos de la Constitución de la República, los tratados internacionales ratificados por el Ecuador y, en general, de las disposiciones del ordenamiento jurídico vigente.”

Ecuador Communities Target Chevron's Secret Investor Arbitration in New Court Filing, Says Amazon Defense Coalition

Feb 10, http://chevrontoxico.com/news-and-multimedia/2012/0210-ecuador-communities-target-chevrons-secret-investor-arbitration.html

Petition Accuses Oil Giant of Trying to Deny Human Rights to Thousands of Rainforest Inhabitants

Indigenous rainforest communities from Ecuador who recently won an $18 billion judgment against Chevron for environmental damage have filed suit before a renowned international human rights court seeking an order that would prevent the oil giant from using a secret arbitration to violate their legal rights.

The Ecuadorians filed a petition (attached) before the Inter-American Commission on Human Rights strongly criticizing Chevron's "egregious misuse" of the U.S.-Ecuador Bilateral Investment Treaty ("BIT") to violate human rights protections. They are seeking an order requiring Ecuador's government to protect their right to life, physical integrity, health, a fair trial, and equal treatment under the law as guaranteed by the American Declaration of the Rights of Man and other international human rights treaties.

...

Ecuador court rejects Chevron arbitration ruling

Feb 20, http://www.reuters.com/article/2012/02/21/ecuador-chevron-idUSL2E8DK31Z20120221?type=companyNews&feedType=RSS&feedName=companyNews&rpc=31

Reuters - A court in Ecuador has rejected an order by arbitrators that an $18 billion pollution ruling against Chevron should be frozen, but the judges referred an appeal by the U.S. oil company to the country's Supreme Court.

Ecuador Court Rejects Latest Chevron Attempt to Block Enforcement of $18 Billion Judgment

Feb 20, http://chevrontoxico.com/news-and-multimedia/2012/0220-ecuador-court-rejects-latest-chevron-attempt-to-block-enforcement-of-18-billion-judgment.html

A three-judge appellate panel in Ecuador on Friday ruled that a Chevron request for a special bond waiver had no basis in Ecuadorian law, thereby paving the way for the commencement of enforcement actions. Chevron has stripped its assets from Ecuador, forcing the rainforest communities to consider standard judgment collection lawsuits against the oil giant in other countries.

Ecuador: For Second Time, Ecuador Appellate Panel Rejects Chevron Attempt to Block $18 Billion Judgment For Dumping Toxic Waste

Mar 2, http://chevrontoxico.com/news-and-multimedia/2012/0302-for-second-time-ecuador-appellate-panel-rejects-chevron-attempt-to-block-judgment.html

Amazon Defense Coalition: Quito, Ecuador – A three-judge appellate panel Thursday denied for the second time a Chevron motion to block Amazon communities from enforcing their $18 billion judgment in countries around the world, moving the long-warring parties one step closer to a global judicial showdown that pits some of the most impoverished indigenous groups against one of the world's biggest oil giants.

The appellate panel in Ecuador ruled that a second interim award from a panel of international investor arbitrators, which asked Ecuador's government to suspend the litigation, could not stop enforcement of the judgment given that the rainforest communities were not a party to the proceeding. The panel also found that human rights law obligated Ecuador's government to protect the rights of the country's citizens to pursue their legal claims without outside interference.

Ecuador: In Chevron III Case: Attorney General García: "We Are in Disagreement With the Decision of the Tribunal That Declared its Jurisdiction to Hear the Claims Brought By Chevron-Texaco"

Feb 28, http://www.pge.gob.ec/es/reglamentos-internos/doc_download/370-cs-066-english.html

PRESS RELEASE - Quito, February 28, 2012 - CS/66

The Arbitral Tribunal hearing the case brought by Chevron Corporation and Texaco Petroleum Company against the Republic of Ecuador in September 2009, issued yesterday, February 27, an interim award on jurisdiction and admissibility, declaring that it has jurisdiction to hear the claims raised by the companies.

The Ecuadorian State defense, led by the State's Attorney General, in a timely manner filed numerous and substantial objections to the jurisdiction of the Tribunal, based on the fact that the claimants cannot invoke the protection of the Treaty on the Promotion and Protection of Investments (BIT) signed between Ecuador and the United States of America, because: i) Texaco's investment voluntarily ended in 1992, i.e. five years before the entry into force of the BIT and, from that date, Texaco has not had business in our country, ii) Texaco is not the defendant in the proceedings known as "Lago Agrio litigation," and iii) Chevron neither signed nor is the beneficiary of the bilateral agreements for environmental release signed between Ecuador and Texaco, which do not affect the rights of third parties.

Through this arbitration, the Chevron-Texaco companies seek a declaration that the Ecuadorian State has violated its obligations under the BIT and, consequently, they be held harmless with respect to any judgment that may be issued against them in the "Lago Agrio litigation" brought by the communities of the Ecuadorian Amazon for alleged environmental damage caused as a result of Texaco's operations between the years 1972 and 1992 in that area.

Commenting on this award, Dr. Diego García Carrión, State's Attorney General said: "We are in disagreement with the decision of the Arbitral Tribunal, which erroneously accepted the arguments presented by the Chevron - Texaco companies to assume jurisdiction over a dispute in which the Republic of Ecuador is not a party, and even worse, to act as a tribunal that may review judgments issued by the Ecuadorian judicial system. Notwithstanding this, it must be underscored the Tribunal's assertion that it is not pre-judging the merits of the dispute, and that Ecuador will have the opportunity to present all the arguments available to it in the upcoming merits phase, where the State's defense will continue to submit all allegations, arguments and relevant evidence and will use all resources at its disposal, to show that ChevronTexaco claims are baseless."

Ecuador: International Arbitration Panel Orders Ecuador to Take “All Measures Necessary” To Suspend Enforcement of the Lago Agrio Judgment

Feb 17, http://www.chevron.com/chevron/pressreleases/article/02172012_...

Press release - Yesterday an international arbitration tribunal issued a Second Interim Award ordering Ecuador to prevent enforcement and recognition of the $18.2 billion Lago Agrio judgment, both within and without Ecuador. The tribunal, convened under the authority of the U.S.-Ecuador Bilateral Investment Treaty (the "BIT") and administered by the Permanent Court of Arbitration at The Hague, is considering the claims of Chevron Corporation (NYSE: CVX) and TexPet (a Chevron subsidiary) that Ecuador has breached its obligations under the BIT and international law through the Lago Agrio litigation, the resulting judgment, and the appellate decision upholding the judgment.

Ecuador: International Human Rights Commission to Review Chevron's Abuses In Ecuador - Rainforest Communities to Provide More Information About Health Impacts of Chevron Contamination

Mar 1, http://chevrontoxico.com/news-and-multimedia/2012/0301-international-human-rights-commission-to-review-chevrons-abuses-in-ecuador.html

An international human rights court has agreed to hear the claims of the Ecuadorian indigenous rainforest communities who recently won an $18 billion judgment against the American oil company Chevron for its poisoning of their ancestral lands.

Ecuador: Permanent Court of Arbitration Panel Establishes Jurisdiction Over Claims Against Republic of Ecuador

Feb 28, http://www.chevron.com/chevron/pressreleases/article/02282012_tribunaldetermineschevronsecuadorarbitrationmayproceed.news

February 28, 2012 - Chevron Corp. today announced that an international arbitration tribunal, convened under the authority of the U.S.-Ecuador Bilateral Investment Treaty (the "BIT") and administered by the Permanent Court of Arbitration at The Hague, ruled that it has jurisdiction to hear Chevron's claims against the Republic of Ecuador. Chevron filed its request for arbitration in 2009, claiming that the Republic violated its obligations under the BIT and international law.

Chevron's arbitration claim stems from the government of Ecuador's exploitation of the ongoing environmental lawsuit against the company in Ecuador and its courts' failure to administer justice in a trial that has been marred by fraud. Additionally, Chevron maintains that the government of Ecuador has failed to uphold prior settlement and release agreements that the government of Ecuador entered into with Texaco Petroleum Company (now a Chevron subsidiary) when the consortium between Texaco Petroleum and Petroecuador was terminated.

"With today's decision, Chevron will proceed to the merits of its arbitration to hold Ecuador responsible for the fraud being committed through its judicial system. The documentary and video evidence of that fraud is irrefutable. The dysfunction of Ecuador's judiciary is well documented in both the Lago Agrio case and the recent El Universo case involving a ghostwritten judgment against journalists," said Hewitt Pate, Chevron vice president and general counsel. "Rather than allow American plaintiffs' lawyers to cause even more damage for which Ecuador may ultimately be held responsible, the Republic should take this opportunity to pursue a more constructive course."

Chevron's claim will now proceed to the merits phase of the arbitration. In prior rulings, the tribunal has put the Republic on notice that if Chevron's arbitration ultimately prevails, "any loss arising from the enforcement of (the Lago Agrio judgment) may be losses for which the (Republic) would be responsible to (Chevron) under international law."

On Feb. 16, 2012, the tribunal issued a Second Interim Award ordering the Republic of Ecuador-and all of its branches, including the judiciary-to prevent enforcement and recognition of the $18.2 billion Lago Agrio judgment, both within and without Ecuador. The award expands upon a prior award requiring Ecuador to "take all measures at its disposal to suspend or cause to be suspended the enforcement or recognition within and without Ecuador of any judgment."

In August 2011, a different international arbitration tribunal convened under the BIT awarded Chevron and Texaco Petroleum $96 million in a claim against the Republic of Ecuador related to past oil operations. The tribunal found that Ecuador's courts violated the BIT and international law through their decade-long delays in ruling on certain commercial disputes between Texaco Petroleum and the Ecuadorian government.

The tribunal's decision on jurisdiction may be accessed here. A copy of Chevron's 2009 arbitration claim may be accessed here.

Ecuadorean Plaintiffs Want Judge Off US Racketeering Case against Chevron

Feb 17, http://blogs.wsj.com/law/2012/02/17/donziger-ecuadorean-plaintiffs-want-judge-off-us-racketeering-case/

Steven Donziger, the U.S. legal adviser to a group of Ecuadoreans suing Chevron Corp., and the Ecuadoreans have asked a U.S. judge to step aside from a racketeering case the oil company brought against the Ecuadoreans in New York.

Chevron and Ecuador to arbitrate damages

Feb 10, http://finance.ninemsn.com.au/newsbusiness/aap/8417084/chevron-and-ecuador-to-arbitrate-damages

Chevron and the Ecuadoran government have agreed to create an arbitration panel to review a $US9.5 billion ($A8.84 billion) judgment against the oil giant for damage to the Amazon rainforest, activists and the company said on Thursday.

Egypt to allow arbitration on PPP disputes

Feb 14, http://news.yahoo.com/egypt-allow-arbitration-ppp-disputes-054116471.html

Reuters - Egypt on Tuesday amended its rules for public private partnerships (PPP) to allow disputes to be resolved through arbitration rather than through Egyptian courts, a Finance Ministry official said.

Egypt: France Telecom, Sawiris reach accord on Mobinil

Feb 13, http://english.ahram.org.eg/NewsContent/3/12/34413/Business/Economy/France-Telecom,-Sawiris-reach-accord-on-Mobinil.aspx

France Telecom reaches initial agreement to buy out most of Naguib Sawiris' share in Mobinil venture at $33.75 per share and plans to push for 95 per cent dominance

Falklands: Argentina To Complain To UN Over Falkland Islands 'Militarisation' By Britain

Feb 8, http://news.sky.com/home/world-news/article/16165366

Argentina has vowed to complain formally to the United Nations about Britain sending one of its most modern warships to the Falkland Islands.

The country's President, Cristina Fernandez Kirchner, said: "We will present a complaint to the UN Security Council and the UN General Assembly, as this militarisation poses a grave danger to international security."

Germany: Baden-Wuerttemberg Starts Arbitration Process Over EnBW Price

Feb 16, http://www.businessweek.com/news/2012-02-16/baden-wuerttemberg-starts-arbitration-process-over-enbw-price.html

Bloomberg - EnBW Energie Baden-Wuerttemberg AG’s main shareholder has started arbitration proceedings at the Paris-based International Chamber of Commerce to determine if it paid a market price for the stake it acquired from Electricite de France SA.

Ghana: Sekondi-Takoradi Regional Chamber of Commerce and Industry (STRCCI) to lobby for passage of Local Content Bill

Mar 3, http://vibeghana.com/2012/03/02/strcci-to-lobby-for-passage-of-local-content-bill/

Speaking at a meeting of the chamber at Takoradi, he said members would be able to take advantage of business opportunities in the oil and gas industry when the law is passed. Mr. Annan said the chamber has made input into the bill which has been before Parliament for about two years.

Guinea Mining Ministry Threatens To Cancel Licenses

Feb 7, http://www.foxbusiness.com/news/2012/02/07/indaba-guinea-mining-ministry-threatens-to-cancel-licenses/

Guinea's mining ministry will begin an audit of companies operating in the country next month which could see some licenses revoked, as the country is currently not "getting the benefit from its resources," the minister said Tuesday.

"A lot of companies took licenses and then went all over the world to sell them," Mines Minister Mohamed Lamine Fofana said on the sidelines of the INDABA mining conference. "If the miner isn't fulfilling his commitments his license will be cancelled."

Guyana: UC RUSAL dismissal of bauxite workers for arbitration

Mar 6, http://www.steelguru.com/metals_news/UC_RUSAL_dismissal_of_bauxite_workers_for_arbitration/253520.html

Three years after 62 workers were dismissed by the local subsidiary of Russian Aluminium and a senior company official had allegedly threatened to assault workers, the Guyana government has decided to take the dispute to arbitration.

How to Make Russia Pay its Debts: An Interview with Franz Sedelmayer

Feb 1, http://robertamsterdam.com/2012/02/how-to-make-russia-pay-its-debts-an-interview-with-franz-sedelmayer/

In this exclusive interview, German businessman Franz J. Sedelmayer discusses his decades-long dispute with the Russian government, challenging Russia's sovereign immunity, and the link between state corruption and the current environment of civil unrest in Russia.

Hungary: Russian ruling next step in Emfesz dispute

Feb 20, http://www.budapesttimes.hu/index.php?option=com_content&task=view&id=23286&Itemid=221

The Hungarian Supreme Court decided on Monday that the one-dollar sale of gas trader Emfesz in 2009 was illegal, but the ruling said that if any foreign court or a court of arbitration in a foreign country reaches a legally binding ruling about the case, then the sale could still be valid.

India loses arbitration case against White Industries of Australia

Feb 9, http://www.indianexpress.com/news/india-loses-arbitration-case-against-oz-firm/909643/

In a stinging indictment of the slow speed with which the higher judiciary decides cases and lackadaisical manner in which the government deals with disputes involving foreign companies doing business in India, a three-member international arbitration panel has decided a case against the Government of India and a PSU.

What makes the defeat of the government of India worrisome, in the case that would otherwise have been regarded as routine, is the fact that for the first time since the slew of arbitration cases following the ill-fated Dabhol power project, a foreign company invoked the Bilateral Investment Treaty (BIT) between India and a foreign government to seek redressal of grievance.

The 141-page order, a copy of which is with The Indian Express, has the three arbitrators questioning the failure of the Indian government to provide the foreign firm — White Industries of Australia — with “effective means of asserting claims and enforcing rights” vis-a-vis the Indian PSU — Coal India Ltd — as well as the failure of the Indian courts to have determined “by now” if an earlier award in favour of White Industries was enforceable in India.

India: Amarchand to set up int'l arbitration centre to bring disputes back to India, after 7 year gestation

Feb 16, http://www.legallyindia.com/201202162581/Law-firms/amarchand-to-set-up-intl-arbitration-centre-to-bring-disputes-back-to-india-after-7-year-gestation

Amarchand Mangaldas Delhi managing partner Shardul Shroff will start a separate company that will offer virtual international arbitration services from India, and includes its own arbitration rules and state-of-the-art technology.

The Universal Virtual Arbitration Centre (UVAC) for domestic arbitrations, and the First Universal Virtual International Arbitration Centre (FUVIAC) targeting international arbitrations, will be launched in the coming months as a standalone company, after Shroff had started planning for it almost seven years ago.

India: Antrix plea against Devas adjourned to March 17

Feb 26, http://www.dnaindia.com/bangalore/report_antrix-plea-against-devas-adjourned-to-march-17_1655037

The additional city civil and sessions court here has adjourned to March 17 the hearing of a case filed by Antrix Corporation Ltd to restrain Devas Multimedia Private Ltd from proceeding with the arbitration at an international court in Paris.

India: Centre turns focus on B'lore-based firm Devas

Feb 6, http://www.deccanherald.com/content/225184/centre-turns-focus-blore-based.html

After sending out a strong signal to the people indicted by the two high level committees that probed the $300 million controversial Antrix-Devas deal, the Centre’s focus has shifted to dealing with Devas Multimedia, a Bangalore-based firm that has dragged Antrix — Isro’s commercial arm — to an international court.

Following the Centre annulling the deal owing it to ‘national interest’ and the findings of the high level committee, Devas had, in July 2011, moved the International Court of Arbitration (ICA) seeking restoration of its contract with Antrix.

India: Government may have to send legal notice to RIL: Reddy

Feb 14, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/government-may-have-to-send-legal-notice-to-ril-reddy/articleshow/11887584.cms

Oil Minister S Jaipal Reddy today said the government may have to send a notice to Reliance Industries to curtail cost-recovery at its KG-D6 gas fields as the company drilled fewer number of wells than planned.

India: Govt rejects RIL demand for KG-D6 gas price revision

Feb 7, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/govt-rejects-ril-demand-for-kg-d6-gas-price-revision/articleshow/11792450.cms

NEW DELHI: The government has rejected Reliance Industries' demand for a revision in the KG-D6 gas price, saying the USD 4.2 per mmBtu rate for five years was not only agreed to by the Mukesh Ambani-run firm but also upheld by the Supreme Court.

India: Now, Comptroller and Auditor General (CAG) to quantify loss to exchequer on RIL gas output

Feb 7, http://www.business-standard.com/india/news/now-cag-to-quantify-loss-to-exchequerril-gas-output/463955/

The next salvo from the Comptroller and Auditor General (CAG) may come in the form of year-wise figures of the loss to the exchequer because of falling gas production from Reliance Industries Ltd’s KG-D6 field. How the CAG’s Rs 1.76-lakh-crore loss figure it came out for 2G telecom spectrum allocation haunted the government is well documented already.

India: Oil Ministry again asks RIL to withdraw arbitration notice

Feb 29, http://profit.ndtv.com/News/Article/oil-ministry-again-asks-ril-to-withdraw-arbitration-notice-298786

The Oil Ministry has once again asked Reliance Industries to withdraw its arbitration notice against the proposed move to curtail cost-recovery at its KG-D6 gas fields, saying no dispute on the issue has arisen as yet.

India: Reliance Industries Limited, BP to draw fresh plan for KG-D6 block

Feb 14, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/reliance-industries-limited-bp-to-draw-fresh-plan-for-kg-d6-block/articleshow/11881276.cms

NEW DELHI: Reliance Industries and global major BP plan to submit a brand new field development plan for the entire D6 block by June to raise output and cut costs, hoping to turn the page on its uneasy relationship with the oil ministry, which wants to penalise the company for the fall in gas production.

India: Russia to take up Sistema's license cancellation issue with Indian government

Feb 8, http://economictimes.indiatimes.com/news/news-by-industry/telecom/russia-to-take-up-sistemas-license-cancellation-issue-with-indian-government/articleshow/11800715.cms

Russia is set to join Norway in mounting diplomatic pressure on India to protect foreign investors who have pumped in billions of dollars in telecom firms whose licences were scrapped by the Supreme Court last week.

India: Telenor Group seeks indemnities from Unitech Limited as it gets ready for a new future in India

Feb 15, http://www.telenor.com/en/news-and-media/press-releases/2012/telenor-group-seeks-indemnities-from-unitech-limited-as-it-gets-ready-for-a-new-future-in-india

Telenor Group today issued a notice to its Indian strategic partner Unitech Limited, that it will seek indemnity and compensation following the cancellation of Uninor’s 22 licenses by the Supreme Court of India.

Kenya: KenolKobil to appeal decision in Sh5bn KPC case

Feb 3, http://www.kenolkobil.com/images/DOWNLOADS/notice%20to%20shareholders.pdf

We refer to recent media reports in connection with Kenya Pipeline Company Limited's Appeal in the High Court challenging the Final Award by the Arbitrator, Mr. Abdul Nasir Abdullahi - issued on 10th December 2009. The High Court ruled to remit the matter to the Arbitrator for reconsideration, taking into account the findings in the Judgment.

Being aggrieved by the Judgment and upon receiving legal advice, KenotKobil decided to lodge an application in court seeking leave to appeal to the Court of Appeal. The same has been certified urgent and is listed for Hearing on 6th February 2012.

In the application we seek the Court of Appeal to determine the validity of the said Judgment, on grounds that the High Court exercised jurisdiction which it does not have under the law, that the Court had no jurisdiction under to law to grant Reliefs which were not pleaded or prayed for and that the court engaged in re-evaluation or re-assessment of evidence, which evidence, by consent of the parties had been excluded from record before the High Court.

The Board of Directors of KenolKobil wishes to reassure all its shareholders that together with management and its legal teams, considerable focus and efforts will continue to be put in protecting all company rights in this protracted case with KPC and any other.

Letter to UN Asks for Review of Chevron in Ecuador Case for Possible Violations of International Law, Says Amazon Defense Coalition

Feb 6, http://www.prnewswire.com/news-releases/letter-to-un-asks-for-review-of-chevron-in-ecuador-case-for-possible-violations-of-international-law-says-amazon-defense-coalition-138797294.html

Alleged "Egregious Misuse" of U.S.-Ecuador Investment Treaty As Oil Giant Tries Yet Again to Evade $18 Billion Liability

PRNewswire-USNewswire - A distinguished international law jurist [José Daniel Amado V.] from Latin America has issued a letter to United Nations Secretary General Ban Ki-moon, asking for a review of Chevron's "egregious misuse" of an investor treaty to evade its $18 billion liability in Ecuador for creating one of the world's worst oil-related disasters in the Amazon rainforest, according to a letter released to thousands of arbitration specialists around the globe.

Libya amending bank law to attract foreigners

Feb 27, http://www.reuters.com/article/2012/02/25/us-libya-centralbank-idUSTRE81O0CL20120225

Reuters - In an interview with Reuters, Saddeq Omar Elkaber said the new Libyan leadership was working on creating the legal framework and necessary infrastructure, including updating a 2005 banking law which first allowed foreign banks in the North African country.

Lithuania: Gazprom seeks international arbitration against Lithuanian Government

Mar 1, http://www.gazprom.com/press/news/2012/march/article130681/

Press release - Gazprom was forced today to seek international arbitration under the UNCITRAL Rules against the Lithuanian Government to protect the Company's investments in the Republic of Lithuania.

The relevant statement was made today by Gazprom's spokesman at the meeting of the Lietuvos Dujos Board during the vote on dividing Lietuvos Dujos in line with the requirements of the Lithuanian legislation regarding the natural gas industry.

"Gazprom hopes that the accords reached on February 27, 2012 will be implemented before the Lietuvos Dujos Shareholders Meeting in order to avoid legal proceedings," said Alexander Medvedev, Deputy Chairman of the Gazprom Management Committee.

Lower Austria Backs Bulgaria's Hydro Project, Schengen Entry: Lower Austria Backs Bulgaria's Hydro Project, Schengen Entry

Feb 3, http://www.novinite.com/view_news.php?id=136344

Lower Austria fully supports the advancing of the "Gorna Arda" hydro power plant project, says the province's Governor, Edwin Proll.

Proll spoke after his Friday meeting in Sofia with the new Bulgarian President, Rosen Pleveneliev.

Malaysia: Court allows Tajudin to postpone appeals involving Celcom

Feb 20, http://thestar.com.my/news/story.asp?file=/2012/2/20/nation/20120220175132&sec=nation

Celcom sued its former directors including Tajudin to recover RM880mil it had to pay DeTeAsia Holdings GmbH, a unit of Deutsche Telekom, following an arbitration award DeTeAsia obtained against Celcom in the International Court of Arbitration of the International Chamber of Commerce on Aug 2, 2005 in a breach of contract case.

Namibia: New investment law ready by year-end

Feb 9, http://www.newera.com.na/articles/42724/New-investment-law-ready-by-year-end

WINDHOEK – The Ministry of Trade and Industry is promising to this year deliver on the long-awaited legislation governing foreign investment, an Act expected to bring relief to local businesspeople complaining of overcrowding by so-called foreign investors.

New Zealand: High court judge tells government to reconsider sale of Crafar dairy farms to Chinese buyer

Feb 15, http://www.interest.co.nz/rural-news/57926/businessdesk-high-court-judge-tells-government-reconsider-sale-crafar-dairy-farms-c

The Crafar farms saga continues, with the High Court ordering permission given to Chinese investor Shanghai Pengxin to buy the farms be set aside and reconsidered because the Overseas Investment Office had “materially overstated” the economic benefits for New Zealand.

New Zealand: Ministers need to fully understand Overseas Investment law before making further decisions on Shanghai Pengxin's Crafar bid, Key says

Feb 27, http://www.interest.co.nz/rural-news/58113/ministers-need-fully-understand-overseas-investment-law-making-further-decisions-sh

The government is in a "terrible position" in the Crafar farms saga, and Prime Minister John Key is uncomfortable about Ministers making further decisions on Shanghai Pengxin's application to buy the 16 farms before they fully understand overseas investment rules which appear to have been tightened by a court ruling.

The High Court ruled earlier this month that the Overseas Investment Office did not apply overseas investment rules properly when processing Pengxin's bid for the farms. It made the OIO set aside its approval and reconsider its decision with different rules concerning the economic benefits Pengxin proposed to bring to New Zealand through its purchase.

Nicaragua and Russia Sign Bilateral Investment Treaty

Feb 11, http://www.execdigital.com/press_releases/nicaragua-and-russia-sign-bilateral-investment-treaty

Nicaragua and Russia signed a Bilateral Investment Treaty (BIT) on January 26th, with the purpose of promoting and protecting investments between both countries.

Pakistan: Copper, gold mining project: Balochistan govt seeks time for arbitrators' nomination

Feb 24, http://www.dailytimes.com.pk/default.asp?page=2012%5C02%5C24%5Cstory_24-2-2012_pg7_22

ISLAMABAD: Complying with the Supreme Court's February 7 order, the Balochistan government has moved an application in the International Chamber of Commerce and International Centre for Settlement of Investment Disputes (ICSID) for extending the period for nominating arbitrators in Reko Diq case until the disposal of the matter in the apex court of Pakistan.

Pakistan: Govt rejects out of court settlement

Feb 23, http://tribune.com.pk/story/340394/govt-rejects-out-of-court-settlement/

The government has rejected the proposal of oil and gas exploration and production companies for an ‘out of court’ settlement of a tax dispute involving Rs14 billion taxes.

Pakistan: SC puts TCCA on notice in Reko Diq mining lease case

Feb 29, http://www.dawn.com/2012/02/29/sc-puts-tcca-on-notice-in-reko-diq-mining-lease-case.html

ISLAMABAD: The Supreme Court on Wednesday issued notice on Tethyan Copper Company Limited, Western Australia (TCCA), in a case pertaining to award of mining lease of gold and copper reserves in Reko Diq, Chagi area of Balochistan province.

Pakistan: Supreme Court repeats notice on TCC

Mar 6, http://www.thefrontierpost.com/?p=103385

The Supreme Court on Monday has adjourned the hearing of Reko Diq case till today (Tuesday).

...

Pakistan: Supreme Court seeks time from ICC to settle Reko Diq case

Feb 7, http://tribune.com.pk/story/332965/supreme-court-seeks-time-from-icc-to-settle-reko-diq-case/

The Supreme Court of Pakistan on Tuesday directed the government to seek appropriate time from the International Court of Arbitration (ICC) to let the apex court decide the Reko Diq case on merit.

Fool's Gold? Pakistan mine rift exposes investor risk

Feb 17, http://www.reuters.com/article/2012/02/17/pakistan-goldmine-idUSL4E8CU4MM20120217

Gold and copper project potentially one of world's biggest; Dispute with government now before Supreme Court; Company has sought international arbitration; New Pakistan, Chinese firms exploring area; Legal certainty yet another risk in Pakistan

Peru: Metropolitano arbitration could cost $100 million - Lima

Mar 1, http://www.peruthisweek.com/news-1674-Lima-Metropolitano-arbitration-could-cost-100-million/

On Thursday, Alberto Valenzuela, council for the Municipality of Lima, estimated that arbitration between the city and the Metropolitano concession holders could cost up to $100 million.

Poland: Gazprom may lower gas-export prices to Poland by 10%

Feb 13, http://www.wbj.pl/article-58004-gazprom-may-lower-gas-export-prices-to-poland-by-10.html?typ=ise

Despite applying to an arbitration tribunal in Stockholm to have the price Gazprom currently charges it reduced, PGNiG has said it was willing to negotiate with Gazprom over its latest proposal, Parkiet reported.

Poland: Lewiatan Court of Arbitration an IFCAI Member

Feb 20, http://www.sadarbitrazowy.org.pl/en/news;id-83

Lewiatan Court of Arbitration became a member of a prestigious organization International Federation of Commercial Arbitration Institutions (IFCAI).

IFCAI was founded in June 1985, for the purpose of establishing and maintaining relations between commercial arbitration institutions. Since then IFCAI has extended its reach to include both commercial and investment arbitration bodies, and both arbitration and ADR, and seeks to promote greater understanding of arbitration and ADR, and the important role of institutions in providing procedures for the management of conflicts, and to unite efforts to strengthen the performance of member institutions.

Poland: PGNiG SA files suit with Arbitration Tribunal

Feb 21, http://www.pgnig.pl/pgnig/com/8387?r%2Cnews%2CfromCtx=588&r%2Cnews%2CnewsId=34175

Polskie Górnictwo Naftowe i Gazownictwo SA hereby reports that, in accordance with the procedure required by the Arbitration Tribunal in Stockholm, on February 20th 2012, the Company filed a suit against OAO Gazprom and OOO Gazprom Export.

The subject of the suit is an amendment of the price terms of the long-term gas supply contract of September 25th 1996 executed by PGNiG SA with Gazprom and Gazprom Export.

Due to the nature of the arbitration proceedings, and in particular their confidentiality, PGNiG is not in a position to provide any further details regarding the suit.

Poland: Rules of the Lewiatan Court of Arbitration Enforced From 1 March 2012

Feb 8, http://www.sadarbitrazowy.org.pl/en/rules

Directly download the new rules here: http://www.sadarbitrazowy.org.pl/upload/Rules1March2012.pdf

Polish PGNiG Denies Receiving Price Cut Offer From Gazprom

Feb 14, http://www.4-traders.com/GAZPROM-OAO-6491735/news/GAZPROM-OAO-Polish-PGNiG-Denies-Receiving-Price-Cut-Offer-From-Gazprom-14021401/

Dow Jones - Poland's natural gas monopoly PGNiG SA said Tuesday it hadn't received any proposals from Russia's OAO Gazprom (GAZP.RS) to lower prices in exchange for a larger volume of purchases, denying reports in the Polish media.

Polish regulator may enact new PGNiG gas tariff in March

Feb 23, http://www.reuters.com/article/2012/02/23/pgnig-idUSL5E8DN7H720120223

Reuters - New gas tariffs for Poland's gas monopoly PGNiG may take effect in March after necessary approvals from the country's energy regulator URE, its head, Marek Woszczyk said on Thursday.

Polish regulator to approve new gas tariff next week

Mar 6, http://www.reuters.com/article/2012/03/06/pgnig-idUSL5E8E609X20120306

Reuters - Poland's energy regulator URE will approve a new gas tariff for the country's gas monopoly PGNiG by next week at the latest, thus ending a nearly half-year long haggle over gas prices, URE head Marek Woszczyk said on Tuesday.

Public hearing: Apotex Inc. v. United States of America - NAFTA/UNCITRAL Arbitration Rules Proceeding

Feb 1, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement101

Washington, D.C., February 1, 2012. The hearing on jurisdiction in the Apotex Inc. v. USA case is scheduled to take place before a three-member arbitral tribunal from 9:00 a.m. to 6:00 p.m. on Wednesday, February 15, 2012, and from 9:00 a.m. to 1:00 p.m. on Thursday, February 16, 2012.

This case has been initiated under Chapter Eleven of the NAFTA and is governed by the UNCITRAL Arbitration Rules. ICSID is administering the proceedings in this case.

The parties have agreed to make the hearing open to the public, except for those parts which involve confidential matters. The hearing will be broadcast live in room MC C1-110 of the World Bank. The room, which has limited seating, is located at 700 18th Street, N.W., Washington, DC 20433. Members of the public wishing to attend are requested to provide their e-mail addresses to Ms. Lamiss Al-Tashi (laltashi@worldbank.org) of ICSID, in order to arrange for access to the broadcast room. Visitor passes will be issued upon presentation of a valid picture ID. The passes will allow access to room MC C1-110 only.

Cameras and recording equipment are not allowed.

Questionniare on the potential Amendment of the Vienna Rules - open until 16 March 2012

Feb 24, http://media.wko.at/survey/index.php?sid=67423

It was and is VIAC's aim to tailor its rules best to the needs of its users. This entails to survey customer satisfaction from time to time. So now, more than 5 years after having entered into force this seems to be the perfect time to check the perception of the Vienna Rules on the market and if necessary make amendments and improvements.

This is the intention of the following questionnaire which is open until 16 March 2012 (duration no longer than 5 minutes).

Russia intends to help Khartoum & Juba settle disputes, envoy says

Feb 1, http://www.sudantribune.com/Russia-intends-to-help-Khartoum,41483

Russia's Deputy Minister of Foreign Affairs Mikhail Bogdanov has led a delegation to the Sudanese capital and held a series of meetings with top Sudanese officials.

Russia-Canada: High River Provides an Update on the Bankruptcy Procedures of Prognoz Silver LLC

Feb 24, http://www.stockhouse.com/News/CanadianReleasesDetail.aspx?n=8434807

High River Gold Mines Ltd. was informed that Argentum CJSC, a joint venture partner in the Prognoz silver project, applied to the Arbitration Court of the City of Moscow for commencing official bankruptcy proceedings for Prognoz Silver LLC ("Prognoz Silver").

Russia-India: Sistema threatens arbitration in 2G case

Feb 28, http://timesofindia.indiatimes.com/business/india-business/Sistema-threatens-arbitration-in-2G-case/articleshow/12070637.cms

NEW DELHI - Increasing the 2G headache for the government, Russian conglomerate Sistema JSFC, majority shareholder in Sistema Shyam TeleServices ( SSTL), has invoked provisions of the India-Russia Bilateral Investment Treaty to "protect its investment" following the cancellation of its 21 telecom licences by the Supreme Court.

Russia: Advocate intends to set up Sharia courts in Moscow and other cities

Feb 28, http://www.interfax-religion.com/?act=news&div=9104

Interfax - Advocate Dagir Khasavov plans to set up Russian Human Rights Center Muslim Union that will be involved in organizing Sharia courts in the country.

"We will help Muslims set up Sharia courts in Moscow and other cities," Khasavov told Interfax-Religion on Tuesday.

According to the interviewee of the agency, Sharia courts will have a status of arbitration tribunals.

Russia: Gazprom 'Optimistic' on European Disputes Settlement

Feb 16, http://news.businessweek.com/article.asp?documentKey=1376-LZI9236S972D01-40QPKO5H8KRN4MKBNA6GJ1DBG9

Bloomberg - OAO Gazprom, the world's largest natural gas producer, is "optimistic" that it will settle its pricing disputes with European companies without the need for arbitration, said Deputy Chairman Alexander Medvedev.

Russia: New Gazprom Plans Exclude Ukraine From Transshipping

http://www.themoscowtimes.com/business/article/new-gazprom-plans-exclude-ukraine-from-transshipping/453538.html

Gazprom said Wednesday that it would aim to completely stop gas transit via Ukraine when it builds new pipelines later this decade as tensions between the two countries over gas prices and transit escalated.

Russian Arms Maker Loses $80M Claim

Mar 5, http://en.ria.ru/russia/20120305/171752030.html

Ametex filed the claim over ineffective financing of an arms development contract with a foreign firm in 2001. The contract was mediated and arranged by Rosoboronexport, which subsequently failed to provide timely and sufficient funding for the project.

San Marino Accedes to United Nations Convention on Contracts for the International Sale of Goods (CISG)

Feb 24, http://www.unis.unvienna.org/unis/pressrels/2012/unisl160.html

UN Information Service - With its accession to the United Nations Convention on Contracts for the International Sale of Goods ("CISG"), San Marino becomes the 78th State Party to the Convention. The Convention will enter into force for San Marino on 1 March 2013.

Sedelmayer vs. Russia: Swedish Appellate Court (Svea Hovrätt) orders auction of former Russian Trade Mission

Feb 12, http://www.marcompany.com/en/press.htm

Bailiff has resumed the public auction proceedings for the facilities in Lidingö, Kostern 5. It remains to be seen if the self-proclaimed champion of the rule of law and protector of foreign investment and free trade, Prime Minister V.V. Putin, will finally pay Russia's debts before this auction will take place.

The rulings came as a consequence the Swedish Supreme Court's finding that the facilities to undergo the auction are not being used for any sovereign purpose.

The debtor had claimed the building was actually part of Russia's Trade Delegation to Sweden and thus deemed immune from execution. The Supreme Court did accept evidence presented by the creditor clearly showing Russia is actually using the facilities for commercial purposes, i.e. renting offices and apartments.

Senegal sought arbitration at the International Chamber of Commerce in Paris in late 2011 against ArcelorMittal

Feb 8, http://www.theafricareport.com/index.php/news-analysis/arcelormittal-taking-the-long-view-in-liberia-50181112.html

Elsewhere in Africa, ArcelorMittal maintains it is always looking for new opportunities. But it is facing trouble in Senegal, where the government has accused the steelmaker of reneging on a contract to produce ore at Falémé. Senegal sought arbitration at the International Chamber of Commerce in Paris in late 2011. In a statement to The Africa Report, ArcelorMittal said it intended to defend itself vigorously in this arbitration. "ArcelorMittal has always maintained open and transparent communications with the government and we have also consistently met our commitments in Senegal."

Singapore: Commercial disputes drop 5% but SIAC remains on track

Mar 6, http://www.channelnewsasia.com/stories/singaporelocalnews/view/1187373/1/.html

SINGAPORE: Commercial disputes settled by means of arbitration dropped five per cent last year, with 188 cases heard at the Singapore International Arbitration Centre (SIAC). But this is expected to be just a bump on the road to expansion.

South Africa: Chamber Launches Dispute Settlement Centre

Mar 5, http://www.cbn.co.za/dailynews/6054.html

All indicators point towards Alternate Dispute Resolution (ADR) playing a growing role in the traditional litigation process in South Africa and organisations in both the public and private sectors need to gear up for the new legal paradigm. The new Court Rules on Mediation make mediation a compulsory step for all civil and commercial litigation. A pilot project will be introduced in the second quarter of 2012 at all high courts and in nine regional civil courts.

South Africa: Davies to visit Turkey, Saudi Arabia to promote trade

Feb 12, http://www.thenewage.co.za/43148-9-53-Davies_to_visit_Turkey_Saudi_Arabia_to_promote_trade

Davies would discuss bilateral trade between the two countries, and would fast-track discussions a on bilateral investment treaty and trade co-operation agreements.

Southern Africa: Swissbourgh Still Battling to Get Regional Justice

Feb 1, http://allafrica.com/stories/201202010434.html

A LETTER sent to SADC Executive Secretary Tomaz Salomão, SADC heads of government and the head of legal affairs at the regional body by the Swissbourgh Group on January 9 has gone unanswered. The letter is part of arbitration proceedings the Swissbourgh Group had instituted against the Lesotho government and deals with aspects of international law such as the duties and obligations SADC has as an international organisation.

Sri Lanka expropriated land may be used for private hospital: report

Feb 26, http://www.lankabusinessonline.com/fullstory.php?nid=1888747050

LBO - Land expropriated from a private firm through a controversial law that violated property rights of citizens, may be given to another private group to develop a hospital, a media report said. Land owned by Lanka Tractors Ltd in the Narahenpita a suburb south of Sri Lanka's capital Colombo, will be used for an 850 million rupee hospital, The Sunday Times newspaper said quoting an un-named government official.

Sri Lanka state officials occupy sugar firm: listed company

Feb 20, http://www.lankabusinessonline.com/fullstory.php?nid=1438293934

LBO - State officials are occupying land of a listed Sri Lankan company, the parent firm of Pelwatte Sugar Industries told shareholders, despite it falling the outside the definition of a controversial law to expropriate citizens' property.

Sri Lanka: Lanka Tractors to file international case over land take-over

Mar 4, http://www.sundaytimes.lk/120304/BusinessTimes/bt05.html

Lanka Tractors Ltd plans to institute international arbitration at the Washington-based International Center for the Settlement of Investment Disputes against the state over its properties under recent expropriation laws, lawyers for the company said.

Sudan: Mediator urges Sudan, South to ease tough stance in oil dispute

Feb 10, http://www.middle-east-online.com/english/?id=50573

Buyoya says African Union panel hopes technical details, such as a pipeline fee, outstanding arrears, will be decided ‘if the parties accept to talk’.

Sudanese Oil Talks Open Amid Somber Atmosphere

Feb 13, http://www.voanews.com/english/news/africa/Sudanese-Oil-Talks-Open-Amid-Somber-Atmosphere-139239053.html

Sudan and South Sudan have resumed talks on sharing oil revenues that are a key component of both countries' economies. South Sudan shut down production at its oil fields last month, after accusing the Khartoum government of stealing crude that passed through northern pipelines. The talks began in a somber atmosphere.

Tanzania: Tanesco cornered in London

Feb 25, http://thecitizen.co.tz/component/content/article/37-tanzania-top-news-story/20033-tanesco-cornered-in-london.html

Tanesco will have to put down a deposit of Sh40 billion to get a London court to suspend an order that it pays Dowans $65.8 million. The British commercial court said last week that it was not ready to postpone an application in which Dowans is seeking to enforce the award unless Tanesco lodges $25 million with the complainant as security.

Tanzania: Tanesco loses $66m Dowans appeal case

Feb 20, http://thecitizen.co.tz/component/content/article/37-tanzania-top-news-story/19949-tanesco-loses-66m-dowans-appeal-case.html

The High Court yesterday rejected Tanesco's petition seeking permission to appeal against an order to pay $65.8 million (about Sh105.3) to Dowans Tanzania Limited.Justice Fauz Twaib said Tanesco did not use the right law in applying for permission to challenge the original order.Tanesco got a lifeline, however, when the judge ruled that it was free to use other sections of the law to challenge the payment order.

Tanzania: Tanesco prepares appeal against Dowans

Feb 22, http://dailynews.co.tz/index.php/local-news/2154-tanesco-prepares-appeal-against-dowans

A DAY after the High Court ruled that the Tanzania Electric Supply Company (TANESCO) had the right to appeal against Dowans, the utility company is now preparing to file its appeal to the Court of Appeal. The appeal is in respect of the award granted to Dowans in 2010 by the International Chamber of Commerce (ICC), in which the London-based arbitrator ruled that Tanesco should pay Dowans Tanzania Ltd and Dowans Costa Rica 94bn/- in compensation for breach of contract.

Telenor acquires 234,000,000 VimpelCom preferred shares from Weather Investments II and withdraws arbitration claim

Feb 15, http://www.telenor.com/en/news-and-media/press-releases/2012/telenor-acquires-234000000-vimpelcom-preferred-shares-from-weather-investments-ii-and-withdraws-arbitration-claim

Telenor has purchased 234,000,000 VimpelCom preferred shares from Weather Investments II S.a.r.l. ("Weather"), for US$374,400,000, thereby increasing Telenor's voting share in VimpelCom Ltd. to 36.36 %, subject to adjustment arising under certain put and call arrangements. Weather is the investment vehicle through which Mr. Naguib Sawiris and his family hold their interests in VimpelCom Ltd. ("VimpelCom").

In connection with the transaction, Telenor has withdrawn all its claims against Altimo Holdings & Investments Ltd., Altimo Cooperatief U.A. and VimpelCom Ltd. in the pending arbitration proceeding, and will work to expand the VimpelCom Board to eleven members. Telenor's withdrawal of its claims will result in the termination of the VimpelCom shareholders agreement.

"This transaction takes Telenor to approximately the same voting position as a successful outcome of the arbitration process would have achieved, and is therefore a commercial solution we are happy with," said Jon Fredrik Baksaas, Telenor's CEO. "The withdrawal of the arbitration claim will prevent further dilution of the VimpelCom shareholders, and it will enable a more normal corporate governance situation in VimpelCom. We will work to expand the VimpelCom Board to eleven members. Together with the other shareholders we will continue our contribution to the industrial development of VimpelCom as we always have done."

"I am very happy about this transaction which will allow Weather to participate actively in the Supervisory Board of VimpelCom, will foster improved corporate governance of the company and ensure a better focus of the management on industrial issues in a context in which the existing disputes among the key shareholders have been resolved," said Naguib Sawiris.

Simultaneously with Telenor's purchase of VimpelCom preferred shares from Weather, Telenor and Weather have entered into certain put and call arrangements regarding the remaining 71,000,000 VimpelCom preferred shares held by Weather.

...

Tubin of Turkey May Take Bilfinger to Court After Tribunal Award

Feb 15, http://www.businessweek.com/news/2012-02-15/tubin-of-turkey-may-take-bilfinger-to-court-after-tribunal-award.html

Bloomberg - Tubin Insaat Sanayi Turizm & Ticaret AS, a Turkish contractor, is considering taking a Bilfinger Berger SE-led joint venture to German court to extract a payment tied to a highway project dispute in Qatar.

Tubin won a ruling in November by the International Chamber of Commerce, a Paris-based arbitration panel to resolve international business disputes, more than three years after it filed the case, Tubin Vice Chairman Turgay Ozkan said

Turkey believes Arbitration court to decide in its favour in Iranian gas issue

Feb 7, http://en.trend.az/capital/energy/1989359.html

Turkey believes the International Court of Arbitration will decide in favour of Ankara in the issue of price and short supplies of the Iranian gas, Samanyolu Haber TV Channel quotes Turkish Minister of Energy and Natural Resources Taner Yildiz as saying on Tuesday.

Turkey: Metso receives an arbitration award of EUR 10 million

Feb 21, http://www.metso.com/news/newsdocuments.nsf/web3newsdoc/FE96E66880F9EBA2C22579AB00456731?OpenDocument&ch=ChMetsoWebEng&

Metso has received an arbitration award in its favor amounting to EUR 10 million plus around EUR 2 million in interest. The arbitration process was related to a large project delivery in Turkey. The arbitration tribunal denied substantially the claims made against Metso and its decision is final. Metso will book the amount awarded in its financial statements when the payment has been received.

UAE construction firms look before leaping into Libya

Feb 12, http://gulfnews.com/business/investment/uae-construction-firms-look-before-leaping-into-libya-1.979111

UAE construction companies will wait until a new government fills the legal vacuum in war-torn Libya before jumping on the bandwagon of rebuilding. Worries about uncertain investment laws, local partnerships, corporate governance and the fate of business deals made with the former regime are forcing construction companies to take a more cautious approach to the Libyan market, they say.

Uganda lawmakers to petition EU parliament over oil deals: report

Feb 24, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/Oil/8977702

A group of Uganda's members of parliament from the ruling and opposition sides are preparing to petition the European Union parliament to investigate if the practices of Tullow Oil and its partner Total in the oil transactions with government comply with EU standards, Ugandan media reported Friday.

Uganda: Govt wants more Shs7 billion for Heritage tax case

Feb 26, http://www.monitor.co.ug/News/National/-/688334/1335002/-/b06ml0z/-/

The Ministry of Justice has asked for an additional Shs6.7 billion to facilitate the controversial oil arbitration case in London despite failing to justify an already expanded budget for the same cause.

UK: Biofutures International plc - Reports result of Arbitration (against JJ Lurgi Engineering Sdn Bhd)

Feb 13, http://www.biofuturesplc.com/servlet/HsPublic?context=ir.access&ir_option=RNS_NEWS&item=931851136936328&ir_client_id=5354

The Group has received the results of the arbitration entered into by its subsidiary, Zurex Corporation Sdn Bhd ("Zurex"), and JJ Lurgi Engineering Sdn Bhd ("Lurgi"). The matter before arbitration was a claim by Zurex against Lurgi for RM9.89m and a counter claim by Lurgi for RM2.87m in relation to a contract dated 26 January 2007 for the supply by Lurgi of components for the construction of a biodiesel plant (the "Contract").

The arbitrator has concluded that the contract between Zurex and Lurgi was not terminated and, as a consequence, has dismissed the claims by both parties with each side paying its own costs. The directors of Biofutures are disappointed by the outcome as the Group had received legal advice that its case would be successful. The Group and its legal advisers are reviewing the decision.

Since the value of the assets under the Contract has been impaired in prior years; no provision had been recognised in respect of the claim against Zurex; and there is no direct liability arising as a consequence of this conclusion, the arbitration decision is not expected to have any material effects on the Group's results.

US-China: Blow for AMSC as Chinese court throws out case against Sinovel

Feb 6, http://www.rechargenews.com/business_area/finance/article301815.ece

A Chinese court has thrown out a case brought by US wind technology company AMSC alleging intellectual property (IP) infringement by Sinovel. ... It has filed another copyright infringement case in the Beijing No 1 Intermediate People’s Court and a trade secrets case in the Beijing Higher People’s Court. AMSC is also pursuing Sinovel at the Beijing Arbitration Commission, where it is seeking nearly $70m in compensation for past shipments and asking the court to enforce contracts in place.

US: Carlyle Drops Arbitration Clause From I.P.O. Plans

Feb 3, http://dealbook.nytimes.com/2012/02/03/carlyle-drops-arbitration-clause-from-i-p-o-plans/?partner=rss&emc=rss

The Carlyle Group, the private equity giant that filed to go public last month, is giving in to pressure from investors and regulators over a controversial legal clause in the filing for its initial public offering.

US: ICC to open office of the Court in New York - The aim of the new office in New York City is to increase ICC's presence in North America

Feb 9, http://www.iccwbo.org/court/arbitration/index.html?id=47397

The International Court of Arbitration of the International Chamber of Commerce (ICC) has announced it will open an office of the ICC Court's Secretariat in New York. The move follows the opening of the first overseas office of the Secretariat in Hong Kong in 2008 and of an ICC representative office in Singapore in 2010. The aim of the new office in New York City is to increase ICC's presence in North America and to make the services of the Court's Secretariat directly available to parties, their counsel and arbitrators in that region.

A case management team will administer cases in the region under the ICC Rules of Arbitration, in conjunction with the other case management teams located in Paris and Hong Kong. The addition of a case management team in New York will enable the Court's Secretariat to cover all major time zones.

John Beechey, President of the ICC Court said: "The opening of an office of the Secretariat in New York City is ICC's response to calls to establish a presence in one of the Court's most important markets. It is a very significant development for the Court and a reaffirmation of its commitment to North America."

ICC's mission is to promote international trade and investment. Arbitration is one of the organization's three main activities along with rules-setting and policy.

Jason Fry, Secretary General of the Court said: "North American parties have for a very long time comprised one of the largest constituencies of users of ICC arbitration. It is an important region for the Court and we hope that having a presence in North America will increase the local appeal of our renowned, high-quality arbitration services in the region."

Uzbekistan: Oxus Gold plc - Litigation Funding

Mar 1, http://online.hemscottir.com/servlet/HsPublic?context=ir.access&ir_option=RNS_NEWS&item=931851136975129&ir_client_id=4252

Oxus Gold plc is pleased to announce that on 29 February 2012 it entered into a litigation funding agreement with a subsidiary, of the Calunius Litigation Risk Fund LP. Calunius Capital LLP, is the exclusive investment advisor to the Fund which specialises in funding commercial litigation and arbitration claims. Calunius Capital LLP is authorised and regulated by the Financial Services Authority as an investment adviser.

Under the terms of the litigation funding agreement, the Funder has agreed to pay Oxus's legal costs in relation to the international arbitration proceedings against the Republic of Uzbekistan (the "Defendant") on a non-recourse basis.

Oxus will continue to have complete control over the conduct of the international arbitration proceedings, insofar as the proceedings relate to the Company's claims, and continues to have the right to settle with the Defendant, discontinue proceedings, pursue the proceedings to trial and take any action Oxus considers appropriate to enforce judgement.

Under the terms of the privileged litigation funding agreement, the Company has given certain warranties and covenants to the Funder. In respect of the provision of litigation finance, Oxus has agreed to pay to the Funder a material portion of any final settlement of the arbitration claim against the Defendant (the "Funder's Fee"). The Funder's Fee shall only become payable upon a final settlement of the arbitration claim and the value of the Funder's Fee is dependent upon a number of variables including the value of any settlement and the length of time taken to reach a settlement. The agreement also provides that the amount of the Funder's Fee shall not exceed the amount of the aggregate proceeds of the litigation under any circumstances.

Details of the background to the Company's dispute with the Uzbek Government can be found in the Company's annual report and accounts for the 12 months ended 31 December 2010, the interim results for the six months to 30 June 2011 and the announcement made by the Company on 14 November 2011 headed "Request for Restoration of Trading on AIM".

VenAmCham: Venezuela's investment climate has seriously deteriorated

Mar 6, http://www.eluniversal.com/economia/120306/venamcham-venezuelas-investment-climate-has-seriously-deteriorated

Carlos Tejera, a business leader, said that foreign investors' perception about Venezuela's country risk is high. He added that the government s decision to withdraw from Icsid increased uncertainty

Venezuela firm Empresas Polar files arbitration against Chavez

Feb 16, http://www.reuters.com/article/2012/02/16/us-venezuela-arbitration-idUSTRE81F0SO20120216

Reuters - A Barbados-based holding company led by executives of Venezuelan food and beermaker Empresas Polar has filed an international arbitration claim against President Hugo Chavez's government over its nationalization of a fertilizer project, documents show.

Venezuela says payment to Exxon Mobil puts an end to arbitration dispute

Feb 16, http://www.washingtonpost.com/business/venezuela-says-payment-to-exxon-mobil-puts-an-end-to-arbitration-dispute/2012/02/15/gIQApJrpGR_story.html

CARACAS, Venezuela - Venezuela's state-run oil company announced Wednesday that an arbitration dispute with Exxon Mobil Corp. has been settled because the U.S. oil giant has received a payment topping $250 million.

Venezuela, China's Citic Group To Work On Oil, Mining Projects

Feb 25, http://in.advfn.com/news_Venezuela-Chinas-Citic-Group-To-Work-On-Oil-Mining-Projects_51351968.html

Venezuelan President Hugo Chavez signed a series of accords with China's Citic Group Friday which included plans for both parties to work together on building offshore oilfield platforms and develop a gold mine formerly operated by a Canadian mining company.

Venezuela: Exitosa defensa de Venezuela ante pretensiones de transnacional ExxonMobil

Feb 1, http://www.pdvsa.com/index.php?tpl=interface.sp/design/salaprensa/readnew.tpl.html&newsid_obj_id=9761&newsid_temas=1

Caracas - Tras el laudo emitido por el Tribunal de la Cámara de Comercio Internacional (CCI), la estatal Petróleos de Venezuela, S.A. (PDVSA) aclara que solo le corresponderá pagar 255 millones de dólares en un plazo de 60 días a la transnacional estadounidense ExxonMobil.

Venezuela: Gold Reserve Announces Conclusion of Oral Hearings in ICSID Arbitration Against Venezuela

Feb 21, http://www.goldreserveinc.com/documents/nr%2012-02.pdf

Gold Reserve Inc. announces that the oral hearings held at the World Bank in Washington, DC and presided over by a three-member tribunal in the arbitration conducted under the auspices of the International Centre for the Settlement of Investment Disputes concluded, as scheduled, on February 17, 2012.

The hearings focused on the evidentiary record in the case and counsel for both the Company and the Bolivarian Republic of Venezuela addressed the issues of jurisdiction, liability and damages. The oral hearings presented an opportunity for the arbitral tribunal to hear testimony from fact witnesses and expert witnesses, as well as to address questions to the parties.

Gold Reserve claims damages arising from violations of three provisions of the Canada-Venezuela bilateral investment treaty resulting in the effective expropriation of Gold Reserve's sizable investments in the world-class Brisas gold/copper project and the promising Choco 5 property.

Gold Reserve seeks compensation corresponding to the restitution, or fair market value, of the rights to develop the Brisas Project and Choco 5, as of the date of the Tribunal's decision. Gold Reserve has presented evidence that the fair market value of those rights as last updated in its Reply dated July 29, 2011, is approximately $2.1 billion. The Tribunal will assess the evidence presented on this and other matters in making its final decision.

Doug Belanger, President, stated, "The oral hearings were the culmination of an extensive undertaking by the Company's counsel, technical, legal and financial experts, as well as its employees, to present Gold Reserve's case to the Tribunal. Upon review of the entire record of evidence, it is clear that Gold Reserve's claims are well supported."

The Tribunal granted both parties the opportunity to submit a post-hearing brief, to be filed simultaneously, in order to comment in conclusion on the full evidentiary record, as is typically permitted in such arbitrations. Those briefs are due to be filed by March 16, 2012. The Tribunal may issue its decision thereafter. It is typical for tribunals in this type of arbitration to require six to eighteen months (the historical average is approximately 1.2 years) to finalize and issue its decision.

Venezuela: PDVSA cancela a ExxonMobil compensación por Nacionalización del proyecto Cerro Negro

Feb 15, http://www.pdvsa.com/index.php?tpl=interface.sp/design/salaprensa/readnew.tpl.html&newsid_obj_id=9859&newsid_temas=1

Caracas.- Petróleos de Venezuela, S.A. (PDVSA) informa al país que fue honrado, antes de los 60 días estipulados, el monto previsto en el laudo arbitral publicado en fecha 30 de diciembre de 2011 por el Tribunal Arbitral ad hoc de la Cámara de Comercio Internacional (CCI), el cual acordó una indemnización a favor de ExxonMobil que, luego de los ajustes ordenados, implicó para PDVSA la realización de un pago de 250 millones 897 mil 799 dólares con 75 centavos.

Como se recordará, las pretensiones iniciales de ExxonMobil ascendían a 12 mil millones de dólares, tal como lo planteó al solicitar medidas cautelares contra PDVSA ante tribunales ingleses y de otras jurisdicciones. Al formalizar su denuncia ante la CCI su reclamo se redujo a 6 mil 800 millones de dólares, cifras evidentemente exorbitantes y abusivas.

PDVSA honra las indemnizaciones razonables en el marco de la Nacionalización de activos estratégicos para la principal industria del pueblo venezolano, como lo son los desarrollos en la Faja Petrolífera del Orinoco y demuestra la exitosa defensa de la Soberanía y los intereses del país ante las pretensiones desmedidas de las transnacionales.

Venezuela: Statement by the Legal Counsel of Gambrinus Corp Regarding Arbitration against the Venezuelan Government

Feb 16, http://au.finance.yahoo.com/news/statement-legal-counsel-gambrinus-corp-210800514.html

"... The claim is based on the international investment treaty between the Bolivarian Republic of Venezuela and Barbados which guarantees just compensation to investors for expropriated and nationalized property. Gambrinus, which is duly incorporated in Barbados, is an affiliate of Venezuela's Empresas Polar..."

Venezuela: What does Henrique Capriles want for Venezuela?

Feb 9, http://www.wtvr.com/sns-rt-us-venezuela-election-caprilestre818232-20120209,0,4995624.story

Reuters - State governor Henrique Capriles leads polls to win an opposition primary in Venezuela on Sunday and face President Hugo Chavez in the October presidential election.

Zimbabwe rejects Mimosa ownership plan

Feb 24, http://www.reuters.com/article/2012/02/24/impalaplatinum-idUSL5E8DO02B20120224

Reuters - Zimbabwe has rejected a local ownership plan submitted by Mimosa Holdings, a 50-50 joint venture between Aquarius Platinum and Impala Platinum, the two miners said, fuelling uncertainty about the future of the venture. "A clear and present danger of expropriation now exists for Mimosa, a risk which has dogged Aquarius since 2009," Liberum Capital said in a note.

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

Gare Smith, John Ruggie to Serve on Barrick Gold Corp.'s Corporate Social Responsibility Advisory Board

Mar 5, http://www.foleyhoag.com/NewsCenter/PressCenter/2012/03/Barrick-CSR-Board.aspx?ref=1

Two members of Foley Hoag LLP's Corporate Social Responsibility Practice have been selected to advise Barrick Gold Corporation on CSR performance and evolving best practices.

Gare Smith, a partner and chair of Foley Hoag's Corporate Social Responsibility Practice, is one of five inaugural members of the Toronto-based gold mining company's Corporate Social Responsibility Advisory Board. John Ruggie, senior advisor and the former U.N. Special Representative for Business and Human Rights, will serve as a special consultant to the board.

...

Yves Fortier has joined 20 Essex Street as an arbitrator member

Mar 1, http://www.20essexst.com

It was announced today that highly regarded international arbitrator, Yves Fortier, has joined 20 Essex Street as an arbitrator member. Fortier, who up until 31 December 2011, held the position of Chairman Emeritus at Norton Rose OR, (formerly Ogilvy Renault), practices law in Montréal as an independent arbitrator and is recognised as one of the top arbitrators in the world.

Hong Kong: Appointments to Financial Dispute Resolution Centre Limited announced

Mar 1, http://www.info.gov.hk/gia/general/201203/01/P201203010250.htm

The Government announced today (March 1) the appointment of Ms Teresa Cheng Yeuk-wah as the Chairman and other Directors to the Board of the Financial Dispute Resolution Centre Limited (FDRC), and the appointment of Ms Sou Chiam as the Chief Executive Officer (CEO) of the FDRC. The appointments take effect today.

Arif Hyder Ali, Alexandre de Gramont, Theodore R. Posner and Samaa A.F. Haridi Expand Weil's International Arbitration Practice

Feb 1, http://www.weil.com/news/newsdetail.aspx?news=41117

International law firm Weil, Gotshal & Manges LLP today announced that Washington, DC-based Arif Hyder Ali joins London-based Juliet Blanch as co-head of Weil’s International Arbitration practice. Mr. Ali joins the firm together with partners Alexandre de Gramont, Theodore R. Posner and Samaa A.F. Haridi.

Baker reinforces Madrid arbitration team: José María Alonso Puig

Feb 9, http://www.iflr1000.com/Article/2976081/Baker-reinforces-Madrid-arbitration-team.html

Baker & McKenzie has hired one of Spain's (and Europe's) most senior arbitration and litigation lawyers: José María Alonso Puig. He will formally join the firm's dispute resolution practice as a partner in Madrid in March.

BOOKS

Rules of Evidence in International Arbitration: An Annotated Guide

Nathan D. O'Malley
ISBN13: 9781843119562, ISBN: 1843119560
Publisher: Lloyd's List/Informa, Hardback

Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure.

The book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.

Complex Dispute Resolution Volume 1: Foundations of Dispute Resolution

Edited by: Carrie Menkel-Meadow
ISBN13: 9780754627968
ISBN: 0754627969
Publisher: Ashgate Publishing Ltd

This volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles relate to a wide variety of settings and cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. Also included are articles on the search for 'value-added' or 'pie-expanding' creative solutions; the choosing of strategies, based on game theory, economics and social and cognitive psychology; how foundational theories have been altered or modified, depending on contexts, and numbers of parties and issues; and what issues are raised by the 'privatization of justice'.

The articles span both the 'science' and 'art' of dispute resolution, consider the relationship of peace to justice and include both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.

ICSID

New: Supervision y Control S.A. v. Costa Rica (ICSID Case No. ARB/12/4)

Concession agreement to build and operate motor vehicle inspection facilities. Registered February 09, 2012. Tribunal not yet constituted

New: Elecnor S.A. e Isolux Corsán Concesiones S.A. v. Republic of Peru (ICSID Case No. ARB/12/5)

Electricity transmission concession, registered February 15, 2012. Tribunal not yet constituted.

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

Outcome of Proceeding: The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) on February 15, 2012.

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

Outcome of Proceeding: Award rendered on March 1, 2012.

ConocoPhillips Company and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30)

Status of Proceeding: proposal for disqualification of arbitrator L. Yves Fortier is declined. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6) on February 27, 2012. Available at TDM https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=7351

SGS Société Générale de Surveillance S.A. v. Republic of Paraguay (ICSID Case No. ARB/07/29)

Outcome of Proceeding: Award rendered on February 10, 2012.

Tulip Real Estate Investment and Development Netherlands B.V. v. Republic of Turkey (ICSID Case No. ARB/11/28)

Status of Proceeding: following appointment by the Respondent, Rolf Knieper (German) accepts his appointment as arbitrator on January 30

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

Status of Proceeding: Claimants file a reply on the merits on February 20

Adel A Hamadi Al Tamimi v. Sultanate of Oman (ICSID Case No. ARB/11/33)

Status of Proceeding: following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator on February 3

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

Status of Proceeding: Tribunal issues a decision on jurisdiction on February 29, 2012

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

Status of Proceeding:
- the Tribunal issues Procedural Order No. 3 concerning production of documents on February 3
- ad hoc Committee holds a hearing on annulment in Paris on February 13-14

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

Status of Proceeding: the Claimants file a request with the Tribunal, pursuant to Article 45 of the ICSID Convention and in accordance with ICSID Arbitration Rule 42, to deal with the questions submitted to it and to render an award on January 27

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

Status of Proceeding: Tribunal issues a decision on jurisdiction on February 16

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

Status of Proceeding: Respondent files a post-hearing brief on February 14

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

Status of Proceeding: following appointment by the parties, Pierre Tercier (Swiss) accepts his appointment as presiding arbitrator on February 29, 2012

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

Status of Proceeding:
- the Respondent files rejoinder on the merits on January 30
- Tribunal issues Procedural Order No. 7, concerning production of documents on February 19

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

Status of Proceeding: the Claimant files a memorial on the merits on February 10

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

Status of Proceeding: Tribunal issues a decision on provisional measures, and Procedural Order No. 1 concerning the conduct of the proceeding on February 23

EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A. v. Argentine Republic (ICSID Case No. ARB/03/23)

Status of Proceeding: each party files a statement of costs on February 16

Flughafen Zürich A.G. and Gestión e Ingenería IDC S.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/19)

Status of Proceeding: Respondent files a counter-memorial on jurisdiction on February 8

Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines (ICSID Case No. ARB/11/12)

Tribunal Constituted: February 07, 2012 President: Piero BERNARDINI (Italian) Arbitrators: Stanimir A. ALEXANDROV (Bulgarian) Albert Jan VAN DEN BERG (Dutch)

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

Status of Proceeding: following appointment by the Claimant, Marc Lalonde (Canadian) accepts his appointment as arbitrator on February 8, 2012

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

Tribunal Constituted: February 02. President: Vera VAN HOUTTE (Belgian) Arbitrators: Bernardo M. CREMADES (Spanish) Pierre TERCIER (Swiss)

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

Status of Proceeding: Respondent Tribunal holds a hearing on jurisdiction and merits in Washington, D.C. on February 13-17

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

Status of Proceeding: the Respondent files a reply on jurisdiction on January 19

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

Status of Proceeding: Tribunal issues Procedural Order No.1, concerning production of documents on February 13

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

Status of Proceeding:
- the Respondent supplements its request of December 30, 2011, on January 31
- Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents as supplemented on February 10, 2012, on February 15
- Tribunal decides on production of documents on February 22

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

Status of Proceeding:
- the proceeding is suspended until February 21, 2012, pursuant to the parties' agreement on February 7
- proceeding is resumed on February 22, 2012, pursuant to the parties’ agreement

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

Status of Proceeding: ad hoc Committee issues a decision on the stay of enforcement of the award on February 14

Kilic Insaat Ithalat Ihracat Sanayi ve Ticaret Anonim Sirketi v. Turkmenistan (ICSID Case No. ARB/10/1)

Status of Proceeding: the Tribunal holds a hearing on Treaty authenticity and interpretation on January 20

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

Status of Proceeding:
- ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are Andres Rigo Sureda (Spanish), President; Hans Danelius (Swedish) and Eduardo Silva Romero (Colombian/French); all members appointed by the Chairman of the Administrative Council on February 14
- Tribunal decides on (i) production of documents, (ii) confidentiality of documents, and (iii) the procedural calendar on February 15

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

Tribunal Constituted March 01. Composition: President Rolf KNIEPER (German) Arbitrators Steven A. HAMMOND (U.S.) Yas BANIFATEMI (Iranian/French)

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

Status of Proceeding:
- Tribunal holds a hearing on jurisdiction and merits in Washington, D.C. on January 23 - 28
- Tribunal issues Procedural Order No. 7 concerning production of documents and post-hearing briefing on January 10

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

Status of Proceeding: Each party files a post-hearing brief on January 27

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

Status of Proceeding: Tribunal holds a hearing on the merits in Paris on February 7-16

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

Tribunal Constituted February 27. Composition: President Campbell McLACHLAN (New Zealand) Arbitrators Michael C. PRYLES (Australian) Thomas BUERGENTHAL (U.S.)

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

Status of Proceeding: the Tribunal holds a first session by telephone conference on January 31

Mærsk Olie, Algeriet A/S v. People's Democratic Republic of Algeria (ICSID Case No. ARB/09/14)

Status of Proceeding: each party files a post-hearing brief on January 31

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

Status of Proceeding: the Respondent files a reply on jurisdiction on January 31

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

Status of Proceeding: the Tribunal holds a hearing on the Respondent's preliminary objections pursuant to ICSID Arbitration Rule 41(5) in Auckland, New Zealand on February 20-21

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

Status of Proceeding: Republic of Honduras requests an extension to file a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2 on January 31

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

Status of Proceeding: the Claimant files a counter-memorial on jurisdiction on January 30

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

Status of Proceeding:
- RSM Production Company files further observations on the Central African Republic's response of January 21, 2012, on January 27
- Ad hoc Committee holds a first session and hearing on the stay of enforcement of the award by telephone conference on February 6
- RSM Production Corporation files a proposal for disqualification of ad hoc Committee member Nayla Comair-Obeid. The proceeding is suspended in accordance with ICSID Arbitration Rules 53 and 9(6) on February 10
- Central African Republic files observations on the proposal for disqualification on February 17
- Following the resignation of ad hoc Committee member Nayla Comair-Obeid, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee on February 27, 2012, and the proceeding remains suspended

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

Tribunal Constituted: Feb 17, President: M. Baldi, J.C. Boggs III, J-P. Ancel.

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

Status of Proceeding: Respondent files a request for the Tribunal to decide on confidentiality of documents on February 1

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

Status of Proceeding: Claimant files a memorial on the merits on February 3

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

Status of Proceeding:
- Each party files a post-hearing brief on January 27
- Tribunal issues a procedural order concerning the procedural calendar on February 15
- Each party files a reply post-hearing brief on February 27, 2012

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

Status of Proceeding: Tribunal holds a hearing on jurisdiction in Washington, D.C. on February 29 to March 1, 2012

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

Status of Proceeding: the Tribunal issues Procedural Order No. 1 concerning production of documents on January 31

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

Status of Proceeding: the Tribunal poses questions to the parties on February 8

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 issues Procedural Order No. 1 concerning the place of arbitration on February 1