issue #06, week 39. 25 September 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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Recent issues:

PCA: Indus Waters Kishenganga Arbitration (Pakistan v. India) - Court of Arbitration Commences Hearing on the Merits

Aug 20, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=340&pag_id=1261

On Monday, August 20, 2012, the Court of Arbitration commenced the hearing on the merits in the matter of the Indus Waters Kishenganga Arbitration between the Islamic Republic of Pakistan and the Republic of India at the Peace Palace in The Hague. The hearing is scheduled to continue for two weeks, ending on August 31, 2012.

History of the Proceedings

On May 17, 2010, Pakistan 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 which allocates the use of the Indus river system between the two countries. Pakistan and India disagree on the interpretation and implementation of the Treaty in relation to the construction and operation of the Kishenganga Hydro-Electric Project.

In June 2011, the Court of Arbitration conducted a site visit to the Neelum/Jhelum and Kishenganga hydroelectric projects and surrounding areas located on the Kishenganga (Neelum) river. In February 2012, a delegation of the Court conducted a second site visit to the Neelum river valley. The Parties have also exchanged written pleadings.

On September 23, 2011, the Court of Arbitration issued an Order on Interim Measures, which is available on the website of the PCA at http://www.pca-cpa.org/showpage.asp?pag_id=1392.

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.

UNODC: Where Corruption flourishes, Development & the Rule of Law fail, says UNODC Chief

Sep 25, http://www.unis.unvienna.org/unis/pressrels/2012/uniscp682.html

UN Information Service - Speaking at a high-level meeting of the 67th General Assembly in New York, UNODC Executive Director, Yury Fedotov, expressed concerns that corruption was undermining the rule of law by eroding democratic institutions essential for fair and equitable societies.

Mr. Fedotov said it was essential for governments and their partners to take drastic measures to combat corruption: "Without these measures, there can be no equity, no inclusivity, no fairness and no lasting social and economic development."

ITLOS: The M/V "LOUISA" Case (Saint Vincent and the Grenadines V. Kingdom of Spain) Public Hearing to Be Held From 4 October 2012 Live Webcast of the Hearings on the Tribunal's Website

Sep 21, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_178_E.pdf

The public hearing in the M/V "Louisa" Case (Saint Vincent and the Grenadines v. Kingdom of Spain) will open on Thursday, 4 October 2012 at 10 a.m. Judge Yanai, President of the Tribunal, will preside. The hearing will be broadcast live on the Tribunal's website.

The schedule for the hearing can be found on www.itlost.org

Webcast

The hearing will be broadcast live on the website. A recorded webcast of the hearing will be available under Webcast Archives.

ECT: Morocco Signs the 1991 Energy Charter and Reinforces Observer Status

Sep 20, http://www.encharter.org/

20 September 2012, Rabat - Today H.E. Mr. Fouad Douiri, Minister of Energy, Mines, Water and Environment of the Kingdom of Morocco signed the 1991 Energy Charter on behalf of his country. The signing ceremony took place at the opening of the plenary Ministerial Session of the Rabat Energy Forum, co-organised by the Moroccan Ministry of Energy, Mines, Water and Environment and by the Energy Charter Secretariat. By signing the 1991 Energy Charter, the political declaration underlying the 1994 Energy Charter Treaty, Morocco reinforced its status as observer to the Energy Charter.

EFTA and Montenegro promote new trade agreement

Sep 14, http://www.efta.int/free-trade/free-trade-news/2012-09-14-efta-montenegro-export-promotion-seminar-tech-corp.aspx

Marking the entry into force of the free trade agreement between the EFTA States and Montenegro, a jointly organised export promotion seminar was held on 12 September 2012 in Podgorica for the benefit of Montenegrin businesses.

The EFTA-Montenegro free trade agreement became effective on 1 September 2012 between Montenegro, Liechtenstein and Switzerland. It will enter into force on 1 October for Iceland and on 1 November for Norway.

With a focus on opportunities arising from the new agreement for Montenegrin producers and exporters, experts presented technical and practical aspects of accessing the EFTA markets. The topics covered included rules of origin, sanitary and phytosanitary requirements as well as technical standards.

Merchandise trade between the EFTA States and Montenegro has potential for further growth. In 2011, total imports and exports between the two sides amounted to USD 14 million.

EFTA holds sixth round of free trade negotiations with Russia, Belarus and Kazakhstan

Sep 25, http://www.efta.int/free-trade/free-trade-news/2012-19-20-efta-rubeka-6th-rnd-free-trade-negotiations.aspx

Delegations from the four EFTA States and the customs union of Russia, Belarus and Kazakhstan convened from 17 to 20 September 2012 in Ålesund, Norway to continue their negotiations on a comprehensive preferential trade agreement.

EU: Dispute over emissions trading

Jul 30, http://www.dw.de/dw/article/0,,16129520,00.html

EU Climate Commissioner Connie Hedegaard would like to make CO2 allowances scarcer and thus more expensive. But why are pollution rights so cheap to purchase?

ICC BASCAP cautions against standardized packaging of tobacco products in UK

Aug 10, http://www.iccwbo.org/News/Articles/2012/ICC-BASCAP-cautions-against-standardized-packaging-of-tobacco-products-in-UK/

Business Action to Stop Counterfeiting and Piracy (BASCAP), an initiative of the International Chamber of Commerce has responded to a UK government call for public comment on a proposal to introduce standardized packaging of tobacco products by warning that such a move would result in a backwash of unintended negative consequences.

ICC tackles Third Party Funding and international arbitration at Annual Institute World Business Law Meeting

Sep 13, http://www.iccwbo.org/News/Articles/2012/ICC-tackles-Third-Party-Funding-and-international-arbitration-at-Annual-Institute-World-Business-Law-Meeting/

The ICC Institute of World Business Law is set to discuss the challenges of using Third Party Funding to offset rising costs of arbitration during its 32nd Annual Meeting, in Paris on 26 November 2012.

ICJ: Frontier Dispute (Burkina Faso/Niger) - Live web streaming of the public hearings which will be held from Monday 8 to Wednesday 17 October 2012 - Schedule for the hearings

Sep 19, http://www.icj-cij.org/docket/files/149/17090.pdf

THE HAGUE, 19 September 2012. The public hearings which will be held in the case concerning the Frontier Dispute (Burkina Faso/Niger), from Monday 8 to Wednesday 17 October 2012, will be streamed live and in full on the Court's website (click on "Multimedia").

Schedule for the hearings

First round of oral Argument

Monday 8 October: 10 a.m.-1 p.m.: Burkina Faso; 3 p.m.-6 p.m.: Burkina Faso Tuesday 9 October: 10 a.m.-11.30 a.m.: Burkina Faso Thursday 11 October: 3 p.m.-6 p.m.: Niger Friday 12 October: 10 a.m.-1 p.m.: Niger; 3 p.m.-4.30 p.m.: Niger

Second round of oral Argument

Monday 15 October: 10 a.m.-1 p.m.: Burkina Faso Wednesday 17 October: 3 p.m.-6 p.m.: Niger

Owing to the renovation of the Great Hall of Justice of the Peace Palace, where the Court usually sits, these public hearings will be held in the auditorium of The Hague Academy of International Law, whose building is adjacent to the Peace Palace.

History of the proceedings

The history of the proceedings can be found in Press release no 2012/14 of 22 March 2012, available on the Court's website (www.icj-cij.org).

ICSID Caseload - Statistics Issue 2012-2 published

Jul 26, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement110

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

This issue (Issue 2012-2), published in the three official languages of the Centre (English, French and Spanish), contains an overview of the cases registered or otherwise administered by ICSID as of June 30, 2012. 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.

ICSID: Background Report on Annulment by the ICSID Secretariat Provided to Contracting States

Aug 15, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement113

On August 10, 2012, the ICSID Secretariat provided ICSID Contracting States with a report prepared by the Secretariat concerning the ICSID Convention annulment mechanism. This report was prepared as a result of the discussion on annulment at the 2011 Annual Meeting of the ICSID Administrative Council. The report is intended to provide Contracting States with an overview of the annulment remedy and empirical data on annulment to June 30, 2012. It is not intended as legal advice, nor does it take a position on whether any case is correctly decided.

The report [in PDF format] can be found here http://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDNewsLettersRH&actionVal=ShowDocument&DocId=DCEVENTS11

ICSID: Montenegro Signs the ICSID Convention

Jul 20, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement109

The Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) was signed on July 19, 2012 on behalf of Montenegro by H.E. Dr. Srdjan Darmanovic', Ambassador of Montenegro to the United States. The Ambassador was accompanied at the signing ceremony by Ms. Marija Petrovic', First Secretary of the Embassy of Montenegro. The signing ceremony was attended by World Bank and ICSID officials and staff.

In accordance with Article 75 of the ICSID Convention, the World Bank has notified all ICSID Convention signatory States of Montenegro's signature.

CIETAC Announcement On the Administration of Cases Agreed to be Arbitrated by CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission

Aug 01, http://www.cietac.org/index/news/477bc3110798bf7f001.cms

The 2012 Arbitration Rules of the China International Economic and Trade Arbitration Commission came into effect as of 1 May 2012. Yet, as branch offices of CIETAC, the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission (originally named the CIETAC Shenzhen Sub-Commission) refuse to apply the CIETAC Arbitration Rules (2012), and refuse to remain under the leadership of CIETAC in respect of case administration. Such conduct violates the basic principles provided in the CIETAC Articles of Association and the CIETAC Arbitration Rules (2012) that CIETAC and its Sub-Commissions form an integrated arbitration institution and that the Sub-Commissions conduct arbitration business under the authorization of CIETAC.

In order to ensure the effective realization of parties' autonomy in choosing CIETAC for arbitration, safeguard the exercise of parties' arbitration rights and facilitate the effective resolution of parties' disputes through CIETAC arbitration, CIETAC hereby announces the following decisions in accordance with the CIETAC Articles of Association (2012) and CIETAC Arbitration Rules (2012):

1. As from 1 August 2012, CIETAC's authorization to the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission for accepting and administering arbitration cases is hereby suspended.

2. As from 1 August 2012, where parties have agreed to arbitrate their disputes by the CIETAC Shanghai Sub-Commission or the CIETAC South China Sub-Commission (the CIETAC Shenzhen Sub-Commission), the parties shall submit their applications for arbitration to CIETAC and the CIETAC Secretariat shall accept such arbitration applications and administer such cases. Without CIETAC's authorization, no institutions shall have the right to accept and administer the afore-mentioned arbitration cases.

3. When the CIETAC Secretariat accepts and administers the above-mentioned cases, unless otherwise agreed by the parties, for cases agreed to be arbitrated by the CIETAC Shanghai Sub-Commission, the place of arbitration and the place of oral hearing shall be Shanghai; for cases agreed to be arbitrated by the CIETAC South China Sub-Commission (the CIETAC Shenzhen Sub-Commission), the place of arbitration and the place of oral hearing shall be Shenzhen.

4. For information and consultation about the afore-mentioned cases, please contact the CIETAC Secretariat at the following:

CSOs: Heritage Oil arbitration case in London deprives Ugandan citizens of right to information

Sep 13, http://www.globalwitness.org/library/heritage-oil-arbitration-case-london-deprives-ugandan-citizens-right-information

PRESS RELEASE - A closed-door London arbitration tribunal between Heritage Oil and the Government of Uganda denies Ugandans the right to information about the management of the country's critical oil wealth, claim campaign groups and civil society leaders. On the day of the opening of the tribunal, the groups are calling for the proceedings and the case's outcome to be open to the public.

The tribunal will decide whether UK-listed Heritage Oil should pay US$435 million in capital gains tax to the Government of Uganda - an amount equivalent to 10% of this year's Ugandan Government expenditure. Under tribunal rules the proceedings will take place 'in camera' meaning that there is no public access and that all documents, proceedings and outcomes will be confidential.

"Oil could be a blessing or a curse for Uganda. But the sector has been marred by secrecy, close executive control and corruption allegations from the start," said Mr. Henry Bazira, the chairperson of the Civil Society Coalition on Oil. "This closed-door arbitration compounds things by robbing Ugandans of access to vital information about how their resources are being managed. Greater transparency now is vital to restoring confidence in the Government's handling of the sector."

The tax dispute dates back to Heritage Oil's sale of rights to two oil blocks in Uganda's Lake Albert region to the UK-listed Tullow Oil in July 2010. The Ugandan Revenue Authority claims Heritage Oil owes US$435 million in capital gains tax from the US$1.45 billion sale. Heritage Oil disputes this assessment. The case has already been heard by the Uganda Tax Appeals tribunal, which ruled in favour of the Government.

"Ugandans do not understand why their Government is being forced to spend millions of pounds on a tax dispute thousands of miles away in London when it has already been decided by Uganda's courts," Said Dickens Kamugisha, chair of the Oil Watch Coalition of NGOs. "They understand even less why the dispute is taking place behind closed doors and this secrecy is making them deeply mistrustful."

Uganda is in the process of passing crucial new oil laws, and will soon begin allocating the remaining rights to its oil fields. Civil Society Organisations are now calling for changes in the proposed laws to ensure that all future deals stipulate arbitration takes place in public view, and that oil contracts and associated documents are made public.

"If Heritage Oil win this case and avoid paying tax, there will be a deep sense of injustice in Uganda for many years to come," said George Boden, a Campaigner at Global Witness. "Last year the UK provided 84 million pounds in aid to Uganda. As one of the country's biggest donors we need to question the hypocrisy of a London arbitration process which deprives Ugandan civil society of the ability to hold their own Government to account on vast public assets."

NEITI: NNPC, Oil Firms in $8bn Legal Tussle over Royalty, Tax Computations Chineme Okafor, Articles

Sep 19, http://www.thisdaylive.com/articles/neiti-nnpc-oil-firms-in-8bn-legal-tussle-over-royalty-tax-computations-chineme-okafor/125376/

The Nigeria Extractive Industries Transparency Initiative (NEITI) has disclosed that a total of $8 billion is currently at stake in a disagreement between the Nigerian National Petroleum Corporation (NNPC) and its contractors (oil multinationals) over the legal basis for calculating revenues from Petroleum Sharing Contracts (PSC), royalty payments and petroleum profit tax (PPT) accruable from Nigeria's hydrocarbon resources.

WTO membership rises to 157 with the entry of Russia and Vanuatu

Aug 22, http://www.wto.org/english/news_e/pres12_e/pr671_e.htm

Today (22 August 2012), Russia becomes the 156th WTO member. Vanuatu will join the WTO on 24 August as its 157th member. "Once again this year, we welcome two new members in the WTO family. It has been a long journey for both countries and they will undoubtedly strengthen the multilateral trading system", said WTO Director-General Pascal Lamy.

WTO: Argentina files dispute against the EU on biodiesel imports

Aug 17, http://www.wto.org/english/news_e/news12_e/ds443rfc_17aug12_e.htm

On 17 August 2012, Argentina notified the WTO Secretariat of a request for consultations with the European Union on Spanish restrictions to the imports of biodiesel from Argentina. Argentina claims that Spain put in place a regulation in April that in effect discriminates against biodiesel imports from Argentina in favour of those produced in the European Union.

WTO: Argentina files dispute against the US on imports of lemons

Sep 03, http://www.wto.org/english/news_e/news12_e/ds448rfc_03sep12_e.htm

On 3 September 2012, Argentina notified the WTO Secretariat of a request for consultations with the United States on measures applied by the United States to imports of fresh lemons from the north-western region of Argentina. Argentina claims that the prohibition of imports of this fruit for the last 11 years, and other restrictive measures, lack scientific justification. Argentina also claims that the measures of the United States appear to cancel or impair the benefits for Argentina derived, directly or indirectly, from the relevant WTO Agreements.

WTO: Argentina files dispute against US on import restrictions of beef and other meat products

Aug 31, http://www.wto.org/english/news_e/news12_e/ds447rfc_31aug12_e.htm

On 30 August 2012, Argentina notified the WTO Secretariat of a request for consultations with the United States on measures applied to the imports of Argentinian meat and other products of animal origin. Argentina claims that the restrictions, applied on sanitary grounds, don't have scientific justification. It also claims that the measures of the United States appear to cancel or impair the benefits for Argentina derived from the relevant WTO Agreements.

WTO: China files dispute against US countervailing and anti-dumping measures

Sep 17, http://www.wto.org/english/news_e/news12_e/ds449rfc_17sep12_e.htm

On 17 September 2012, China notified the WTO Secretariat of a request for consultations with the United States on countervailing and anti-dumping measures applied to a wide range of products exported by China to the US. Among the products cited by China, affected by the measures, are paper, steel, tyres, magnets, chemicals, kitchen appliances, wood flooring, and wind towers. Further information will be available within the next few days in document WT/DS449.

WTO: Indonesia files dispute against the European Union on imports of fatty alcohols

Jul 30, http://www.wto.org/english/news_e/news12_e/ds442rfc_30jul12_e.htm

On 30 July 2012, Indonesia notified the WTO Secretariat of a request for consultations with the European Union with respect to the imposition of definitive and provisional anti-dumping measures by the European Union on the importation of fatty alcohols from Indonesia (used in the chemical industry). In the request, Indonesia refers to a possible inconsistency of the measures with the Anti-Dumping Agreement and the General Agreement on Tariffs and Trade (GATT 1994).

WTO: US files dispute against China on subsidies to the automobile industry

Sep 17, http://www.wto.org/english/news_e/news12_e/ds450rfc_17sep12_e.htm

On 17 September 2012, the United States notified the WTO Secretariat of a request for consultations with China on "China's measures providing subsidies such as grants, loans, forgone government revenue, the provision of goods and services and other incentives contingent upon export performance to automobile and automobile-parts enterprises in China".

Abu Dhabi arbitration body signs cooperation agreement with Australian counterpart (ACICA)

Sep 23, http://gulfnews.com/business/economy/abu-dhabi-arbitration-body-signs-cooperation-agreement-with-australian-counterpart-1.1080234

WAM - Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) of the Abu Dhabi Chamber of Commerce and Industry (ADCCI) has signed a cooperation agreement with the Australian Centre for International Commercial Arbitration (ACICA).

Arbitration Tribunal Ruling Makes History

Aug 10, http://www.lawyer-monthly.com/news/ARBITRATION-TRIBUNAL-RULING-MAKES-HISTORY

For the first time, an arbitration tribunal has ruled that investors can sue States that have ratified the Investment Agreement of the Organisation of the Islamic Conference.

The law firm, Salans LLP, is representing Saudi businessman, Hesham al-Warraq. He claims his rights under the OIC Investment Agreement were breached when, in November 2008, the Republic of Indonesia nationalised PT Bank Century tbk (now called PT Bank Mutiara tbk), in which he held a substantial shareholding. His associate, UK businessman Rafat A. Rizvi, is bringing a parallel compensation claim against Indonesia at the International Centre for Settlement of Investment Disputes (ICSID) under the UK-Indonesian Bilateral Investment Treaty.

Argentina to seize outsourced, scandalized printer

Aug 08, http://seattletimes.nwsource.com/html/nationworld/2018868502_apltargentinamoneyscandal.html

Argentina announced plans Tuesday for another government takeover, this time expropriating a company that is printing the nation's pesos and is at the center of a criminal case involving the vice president and the tax chief.

Argentina's YPF weighs gas purchases from Russia's Gazprom

Sep 05, http://latino.foxnews.com/latino/news/2012/09/05/argentina-ypf-weighs-gas-purchases-from-russia-gazprom/

YPF, the oil company controlled by the Argentine state following the expropriation of a 51 percent stake in the company from Spain's Repsol, said it was studying the possibility of buying liquefied natural gas (LNG) from Russia's Gazprom.

Argentina: 'Law makes us pay in pesos' Argentine group tells Vestas

Sep 18, http://www.rechargenews.com/energy/wind/article323075.ece

Wind-power developer Genneia says it is quite willing to hand over money owed to turbine-maker Vestas in a dispute over payment - but only in Argentine Pesos, in compliance with local regulations.

Argentina: Ciccone expropriation bill cleared for debate at Upper House

Aug 10, http://www.buenosairesherald.com/article/108502/ciccone-expropriation-bill-cleared-for-debate-at-upper-house

The bill that seeks to take over the former Ciccone mint company and to declare money printing a matter of national interest was cleared for debate following a meeting of Committees at the Upper House.

Argentina: Ciccone: Gov't seeks to pass expropriation bill 'quickly'

Aug 09, http://www.buenosairesherald.com/article/108391/ciccone-govt-seeks-to-pass-expropriation-bill-quickly

National Senator for the Victory Front Aníbal Fernández expressed today the government's intentions regarding the former money printing company and said: "the objective is that the draft bill is passed quickly."

Argentina: Concerns in Spain about attempts to expropriate Vieira

Aug 14, http://www.fis.com/fis/worldnews/worldnews.asp?monthyear=&day=13&id=54564&l=e&special=&ndb=1%20target=

The Government of Santa Cruz will send a bill proposing the expropriation of the plant of Vieira SA this week to the Legislature, and then transfer it to another domestic company that will respect the dependency ratio scheme.

Argentina: PAMPA ENERGIA S.A. announces the suspension of arbitration proceedings entitled "Enron/Ponderosa vs. Republic of Argentina" before the ICSID's Court

Aug 01, http://www.stockhouse.com/News/USReleasesDetail.aspx?n=8578820

Pampa Energia S.A., announces today that the Arbitration Tribunal of the International Centre for Settlement of Investment Disputes ("ICSID") ordered, pursuant to the instructions imparted in due course by PAMPA (as assignee of the rights arising from the claim mentioned below) to the claimants, the suspension of the arbitration proceedings filed by Enron Creditors Recovery Corp. (formerly Enron Corp.) and Ponderosa Assets L.P. against the Republic of Argentina (Case No ICSID ARB/01/03) which originally involved a claimed amount of approximately US$ 167 million as of the date hereof.

The referred suspension has been requested pursuant to the commitment undertaken before the Argentine Antitrust Authority (Comision de Defensa de la Competencia, "CNDC") and the Argentine Gas Enforcement Authority (Ente Nacional Regulador del Gas, "Enargas") by Compania de Inversiones en Energia S.A. ("CIESA"), EPCA S.A. (formerly Enron Pipeline Company Argentina S.A.), Petrobras Argentina S.A., Petrobras Hispano Argentina S.A. and PAMPA, dated August 29, 2011 under the scope of the proceedings filed before both agencies as a result of the approval of the Restructuring Agreement concerning the financial debt of CIESA, executed on September 1, 2005, as amended on May 31, 2006, August 23, 2007, August 25, 2008, May 17, 2011 and July 13, 2012 (the "Restructuring Agreement"), which approval is currently pending the issuance of the relevant governmental consents.

Argentina: Pro-government lawmakers celebrate Ciccone's expropriation

Aug 23, http://www.buenosairesherald.com/article/109576/progovernment-lawmakers-celebrate-ciccones-expropriation-

Pro-government lawmakers celebrated today the passing of money-printer Companía de Valores Sudamericana's expropriation (CVS), formerly called Ciccone Calcográfica, into law and said that the nationalization of the printing company will "boost" the National Mint.

Argentina: Repsol seeks class-action suit against Argentina in NY court

Aug 02, http://www.worldoil.com/Repsol_seeks_class_action_suit_against_Argentina_in_NY_court.html

In the suit--which Repsol is pursuing in the name of other YPF shareholders as a class--Repsol claims among other things that Argentina failed to comply with YPF bylaws because it didn't offer to buy all of YPF's outstanding Class D shares as it acquired of a controlling stake in the company.

Argentina: Senate preliminary approves Ciccone expropriation bill

Aug 16, http://www.buenosairesherald.com/article/109095/ciccone-expropriation-bill-preliminary-approved-at-upper-house

The bill to take over the currency printing South American Values Company, formerly known as Ciccone, was preliminary approved at the Upper House, as 44 senators voted in favour and 20 voted against. The bill. which also aims to declare mint a matter of national interest, will be sent to the Lower House floor.

Argentina: Special session addresses Vieira expropriation project

Sep 05, http://www.fis.com/fis/worldnews/worldnews.asp?monthyear=&day=5&id=55145&l=e&special=&ndb=1%20target=

The deputy governor of Santa Cruz, Fernando Cotillo, convened an extraordinary meeting in the House of Representatives today to discuss a bill declaring the processing plant, ships and machinery, furniture and supplies of the firm Vieira SA as public interest and subject to expropriation.

Argentina: US gov't asks Argentina to improve investment opportunities

Jul 27, http://www.buenosairesherald.com/article/107204/us-govt-asks-argentina-to-improve-investment-opportunities

Ámbito.com had the chance to approach the Assistant Secretary for Public Affairs of the US Department of State Mike Hammer on the recent expropriation of YPF Energy Company. The US official assured that his country is conducting a close follow-up of the latest measures taken by President Cristina Fernández de Kirchner such as the aforementioned as well to the limits imposed to multinational companies for transferring revenues overseas. "It is important for Argentina to promote the foreign investment, so that both nations can move forward on their mutual interests."

Australia Plain-Pack Tobacco Law May Spread to U.K., N.Z.

Aug 16, http://www.businessweek.com/news/2012-08-15/australia-plain-pack-tobacco-law-may-spread-to-u-dot-k-dot-n-dot-z-dot

The Australian ruling gives New Zealand "a greater sense of security" during its consultation process on plain-packaging legislation, Tariana Turia, New Zealand's associate minister of health, said yesterday after the ruling in Canberra. "This is more than just a victory for the Australian government, I think it is a global victory."

Australia's Intrepid Mines surges on Indonesian share deal

Aug 01, http://www.sharenet.co.za/news/Australias_Intrepid_Mines_surges_on_Indonesian_share_deal/b6665fec78fd312e4bd14292bbdc5919

Reuters - Intrepid places shares with Indonesian businessman Surya Paloh; Move follows eviction of Intrepid by partner from Java gold mine.

Australia: Business demands sovereign risk protection in FTAs

Aug 09, http://acci.asn.au/Research-and-Publications/Media-Centre/Media-Releases-and-Transcripts/Global-Engagement/Australian-Foreign-Investment-Requires-Right-to-Su.aspx

See https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=7931

Australian Foreign Investment Requires Right to Sue Foreign Governments

Statement by Peter Anderson, Chief Executive

Australia's largest and most representative business organisation, the Australian Chamber of Commerce and Industry (ACCI), together with leading business groups and some of Australia's foremost legal experts on trade policy, have launched a campaign for trade agreements to include, on a case by case basis, provisions that allow private companies to sue foreign governments for breach of contract or property rights.

The business campaign seeks to restore Australian support for these rights, known as Investor-State dispute settlement (ISDS) provisions. Case-by-case support was withdrawn by the Gillard government in its 2011 policy statement 'Trading our Way to More Jobs and Prosperity'.

The campaign features a joint letter signed last month by sixteen business organisations and legal experts, addressed and sent to the Prime Minister.

In launching the campaign?s public phase, ACCI Chief Executive said:

"If Australian companies are to fully grasp opportunities of the Asian century and emerging markets of Africa and the Indian Ocean Rim, trade agreements must provide investor certainty for private companies, not just governments. Investors are put off if they don?t have a secure legal frameworks with enforceable rights by courts or commercial arbitration."

"Especially in developing countries where legal systems are ambiguous or suspect, Australian companies investing off-shore need confidence to take legal action and compel international arbitration against governments which infringe property and contractual rights."

"The recent focus on in-bound foreign investment must not overshadow the prosperity flowing from Australian companies successfully investing in emerging markets."

"ISDS provisions support Australian companies in their investments in foreign countries and provide an efficient mechanism for companies to seek to directly rectify any adverse situations" the joint letter says.

Since 2011, ACCI has tried to persuade the Gillard government to restore a case-by-case approach to ISDS in trade agreements, including Trans Pacific Partnership and Indian Ocean Rim negotiations.

As recently as 13th July in Brisbane, business organisations forming ACCI's General Council resolved to support a public campaign given no-change in the government's approach.

"The government's refusal to consider inclusion of such provisions in current or future regional and bilateral free trade agreements is a flawed approach which reduces security for Australian firms seeking to invest internationally" the joint letter says.

Together with the International Chamber of Commerce, ACCI last week held seminars on international commercial dispute arbitration across five Australian capitals, including judge from the Supreme People?s Court of China.

"Those arbitration seminars starkly reminded businesspeople that investment is stymied and Australian businesses ripped-off if legal rights are not protected and enforceable on foreign shores."

Aside from ten business groups, the co-signed letter, attached, includes support from the Chartered Institute of Arbitrators, leading barristers (including a former Commonwealth Solicitor General) and legal academics.

Australia: Philip Morris Limited Comments on Australian High Court Decision on Plain Packaging for Tobacco Products

Aug 15, http://www.pmi.com/eng/documents/20120815_Philip_Morris_Limited_Media_Statement.pdf

MELBOURNE - The Australian High Court today ruled in favor of the government in the challenges brought by tobacco companies finding that the plain packaging legislation did not violate the Australian Constitution. The key issue before the court was whether, under the Constitution, plain packaging is an `acquisition of property', which includes a corresponding benefit to the government.

The court today announced its ruling but has not yet published its opinion on the case.

Commenting on today's ruling, PML spokesperson Chris Argent said, "we will have to wait to read the court's opinion to fully assess today's decision. Regardless, the legality of plain packaging, including whether Australia will have to pay substantial compensation to Philip Morris Asia, remains at issue and will be considered in other ongoing legal challenges."

Three countries have already challenged Australia before the World Trade Organization (WTO) over the plain packaging legislation as contrary to Australia's obligations as a WTO member. Philip Morris Asia (PMA) is also suing Australia for multiple breaches of its Bilateral Investment Treaty (BIT) with Hong Kong. The company expects decisions in these cases within two to three years. In broad terms, the WTO and BIT challenges will examine a number of issues, including:

- Whether there is any reliable evidence that plain packaging will be effective at reducing smoking rates - Whether there are effective, less restrictive alternatives that Australia could have implemented instead - Whether plain packaging breaches Australia's international trade and treaty obligations - Whether the Australian government will need to pay compensation to PMA

Today's High Court ruling has no legal bearing on these international cases or on other jurisdictions.

"We believe that Philip Morris Asia's investment treaty case and the WTO challenges are strong. As such, there is still a long way to go before all the legal questions about plain packaging are fully explored and answered." added PML spokesperson Chris Argent.

As of 1 December 2012, all tobacco products sold at retail must be in plain packaging.

Australia: Tobacco fight not over, Phillip Morris says

Aug 15, http://www.smh.com.au/business/tobacco-fight-not-over-phillip-morris-says-20120815-2488s.html

Philip Morris says today's High Court decision supporting the plain packaging of cigarettes would not affect other legal challenges to the Australian government's plan.

"We believe that Philip Morris Asia's investment treaty case and the WTO challenges are strong," said PML spokesperson Chris Argent. "As such, there is still a long way to go before all the legal questions about plain packaging are fully explored and answered."

Belgium: Baromètre de la Médiation 2012 - Plus de médiations pour une justice plus efficace

Sep 18, http://www.bmediation.eu/images/stories/News/communique_de_presse_18_09_2012.pdf

Download: http://www.bmediation.eu/images/stories/News/barometre_de_la_mediation_2012.pdf

bMediation avec le soutien de la Commission Fédérale de Médiation publie son baromètre 2012 de la médiation, le résultat d'une enquête à laquelle ont répondu près de 50% des médiateurs belges. - En 2010, 3.117 médiations ont été organisées dont 1.166 en matière civile et commerciale, 1.282 en matière familiale et 477 en matière sociale. Le nombre de médiation progresse positivement en 2011 (3.228 médiations) et pour les 6 premiers mois de 2012 (2.171 médiations). En comparaison, en 2010, 690.000 affaires ont été traitées devant les tribunaux compétents dans ces matières (justice de paix, tribunaux de 1 ère instance et de commerce, Cour d'Appel). Certaines affaires auront été jugées plusieurs fois. - Le taux de réussite moyen de la médiation en matière civile et commerciale est supérieur à 75%. Le délai moyen d'introduction d'une médiation est de 15 jours et la médiation dure en moyenne entre 8 et 12 heures. Le coût moyen d'une médiation varie entre 0 et 1.500€.

« Le législateur belge, en 2005, a été innovateur en adoptant une loi sur la médiation trois ans avant la Directive européenne. Bien du chemin reste à faire, toutefois, afin de garantir une meilleure effectivité de la médiation. Si le justiciable se défie généralement de la justice, il continue de reconnaître, en l'institution judiciaire, l'ultime recours. Les modes alternatifs de règlement restent trop peu connus comme le révèle cette enquête. La politique de la Commission consiste, plus que jamais, à garantir une meilleure effectivité pour ce mode de règlement à travers ses collaborations avec les instances politiques, le Conseil supérieur de la justice, les magistrats, les médiateurs de terrain, de quartiers, hospitaliers.... Gageons qu'au terme du semestre prochain, des réalisations concrètes voient le jour. C'est en tout cas l'engagement que la Commission entend pleinement assumer et remplir », commente Bernard Castelain, Président de la Commission Fédérale de Médiation.

« Cette première enquête sur le marché de la médiation en Belgique illustre le manque d'intégration du processus de médiation dans le système judiciaire. La médiation civile et commerciale est nettement moins chère et beaucoup plus rapide qu'une procédure judiciaire, elle devrait être systématiquement envisagée par les avocats et encouragée par les magistrats saisis d'une affaire », souligne Theo De Beir, Président de bMediation.

Belgium: Ping An files arbitration claim over Fortis

Sep 24, http://www.ft.com/intl/cms/s/0/87437290-0620-11e2-bd29-00144feabdc0.html

Ping An, China's second-biggest insurer, has filed an international arbitration claim against Belgium in an attempt to recoup losses from its disastrous investment in Fortis, the now defunct financial services group.

Belize: Government Fends Off 40 Mil Ashcroft Alliance Arbitral Award In Appeals Court

Aug 8, http://www.7newsbelize.com/sstory.php?nid=23143

There were three major judgments coming out of the court of appeals today - all of them having to do with ongoing legal battles between the Ashcroft Alliance and the Government of Belize.

...

Another of the cases on which judgment was handed down today also had to do with an international treaty and again it was the British Caribbean Bank against the Attorney General of Belize.

Bolivia: Jindal Steel employees arrested

Jul 23, http://timesofindia.indiatimes.com/business/india-business/Jindal-Steel-employees-arrested-in-Bolivia/articleshow/15080213.cms

Two employees of Jindal Steel and Power were arrested in Bolivia, where the company had scrapped its USD 2.1 billion project a few days back.

The company's property and equipment at Porto Suarez, where the project was supposed to come up, have also been confiscated. The arrested local employees were later released by the police. The local government also filed criminal cases against the company employees.

JSPL in a statement alleged that the arrest was "harassment and victimisation" of its employees "subsequent to JSPL's termination of contract on July 16, 2012 for investment of USD 2.1 billion in the El Mutun mines in Bolivia".

Bolivia: South American Silver Announces Receipt of Formal Decree and Provides Update on Plan of Action

Aug 02, http://www.soamsilver.com/august-2-2012.asp

Vancouver, British Columbia - South American Silver Corp. announces an update on its plan of action after receiving today official notice of a Nationalization Decree of its Malku Khota silver-indium project in Bolivia. South American Silver Limited, the Company's wholly owned Bermuda subsidiary, invested in Malku Khota through its Bolivian subsidiary, Compañía Minera Malku Khota S.A.

"We will continue to pursue all channels available to us" said Greg Johnson, President and CEO of South American Silver Corp. "This action plan includes the prospect of negotiating a resolution of the situation with the Bolivian government, or, if required, the pursuit of compensation for the full value of the project through international arbitration."

The Company reported last month that the Bolivian government had stated its intention to nationalize the Malku Khota project despite objections from the great majority of indigenous communities in the vicinity of the project, who had signed numerous resolutions of support for the Company and the Malku Khota project.

Other nationalization cases in Bolivia have been resolved through negotiation or compensation and several Bolivian officials have acknowledged publicly that compensation is due to South American Silver. In the oil and gas sector specifically, past affected companies subsequently negotiated new joint venture agreements with the Bolivian government.

During the months preceding the government's announced intent to nationalize the Malku Khota project, the Company and the vast majority of indigenous communities in the project area had received numerous assurances, including a signed accord with the Minister of Mines, which stated that the concessions were confirmed to be valid and that the Company should continue its exploration activities.

Accordingly, the Company is very disappointed with the government's announcements, but has been quick to respond and to take action. Over the past month, management has been pursuing all possible diplomatic options in addition to reaching out to the Bolivian government at all levels. In particular, the Company thanks the Canadian government for its strong support by raising this matter as a priority on a number of diplomatic fronts.

Even with the rising move toward resource nationalism in the region, including nationalizations of Red Electrica Corp's Bolivian electrical grid assets, Glencore's Colquiri mine and the cancellation of Jindal Steel's El Mutun iron project, mining is an important industry for Bolivia and these recent actions by the state send a strongly negative message to potential foreign investors and developers about the security of their investment in the developing country, investment that will be critical for addressing the extreme level of poverty in the long term. Additionally, Bolivian ministers are on record as having recently stated that other nationalizations had been repatriations of previously state-owned assets, unlike Malku Khota, and that foreign private investment would be respected and protected under the constitution.

To reach its full potential, the Malku Khota project will require a significant capital investment and specialized proprietary processing technology, which has been developed by South American Silver over the past four years in coordination with researchers from the University of British Columbia and SGS Lakefield Research, and that has been taken to patent by the Company.

As South American Silver continues to aggressively pursue all options to maximize the value from its Bolivian investments, management is also continuing to advance its promising Escalones project, a high potential copper-gold-silver project in Chile, with an inferred resource of 3.8 billion pounds of copper, 610,000 ounces of gold and 16.8 million ounces of silver. The first round of drilling this year has been completed and assays are anticipated to be available within two months. In addition, management will deliver a first Economic Assessment on Escalones in 2013, and is accelerating the work on this important project.

The Company has several essential components that position it well for the future: seasoned leadership, a healthy balance sheet, a large, attractive development project in a stable, mining-friendly jurisdiction, and proprietary acid chloride leach technology that gives it a competitive advantage for developing bulk mineable deposits that contain both precious and base metals.

The management team members at South American Silver have decades of technical and mining experience, much of it in North and South America, with a track record of successful project development and value creation with a focus on corporate social responsibility.

Mr. Johnson stated, "The Company is proud of its record of working collaboratively with the indigenous communities in Bolivia. South American Silver has worked closely with the local indigenous communities over the past several years providing significant direct employment on project-related jobs, as well as jointly developing programs with the communities to facilitate job training, education, agricultural enhancement and water management for long-term sustainable development."

"These community-inclusive approaches have been developed by our team over the past two decades with other companies in successfully working with indigenous communities in South America, Alaska, Canada and globally. Over the past year in Bolivia, we were focused on completing support agreements with all the local communities that would address how they wanted to see development proceed on their local lands."

Mr. Johnson continued, "The period ahead will be one of transition for the Company as we adjust our business strategy to advancing our Chilean copper-gold project, realizing value from our Bolivian investments, and focusing on opportunities that create long-term shareholder value."

Brazil Gafisa: Former Owner Files Arbitration on Alphaville Sale - WSJ.com

Jul 4, http://online.wsj.com/article/BT-CO-20120704-703349.html

SAO PAULO--Brazilian real-estate developer Gafisa SA (GFA, GFSA3.BR) said late Tuesday that former controllers of its high-profile and most-profitable real estate project, Alphaville Urbanismo SA, filed an arbitration procedure to contest the payment of the unit.

Brazil Gafisa: Former Owner Files Arbitration on Alphaville Sale - WSJ.com

Jul 4, http://online.wsj.com/article/BT-CO-20120704-703349.html

SAO PAULO--Brazilian real-estate developer Gafisa SA (GFA, GFSA3.BR) said late Tuesday that former controllers of its high-profile and most-profitable real estate project, Alphaville Urbanismo SA, filed an arbitration procedure to contest the payment of the unit.

Brazil's Gafisa sees Alphaville arbitration over in 6-9 months

Aug 13, http://uk.reuters.com/article/2012/08/10/gafisa-alphaville-idUKR6E8F400L20120810?feedType=RSS&feedName=rbssFinancialServicesAndRealEstateNews

Brazilian homebuilder Gafisa expects arbitration to buy out the remaining stake in its higher-income Alphaville unit will be resolved in six-to-nine months.

Brazil's Gafisa sees Alphaville arbitration over in 6-9 months

Aug 13, http://uk.reuters.com/article/2012/08/10/gafisa-alphaville-idUKR6E8F400L20120810?feedType=RSS&feedName=rbssFinancialServicesAndRealEstateNews

Brazilian homebuilder Gafisa expects arbitration to buy out the remaining stake in its higher-income Alphaville unit will be resolved in six-to-nine months.

Bulgaria Undaunted by Russia's Court Battle over N-Plant

Sep 12, http://www.novinite.com/view_news.php?id=143152

Bulgaria will rely on two back-up plans as Russia's Atomstroyexport is seeking EUR 1 B in compensation over the cancellation of nuclear power plant Belene, the energy minister has said.

Bulgaria: Moscow claims 1 billion euro compensations for suspended Belene NPP project

Sep 12, http://paper.standartnews.com/en/article.php?d=2012-09-12&article=40001

Moscow has given check to Bulgaria regarding Belene NPP project. Russian company Atomstroyexport surprisingly raised its claim for the suspended Belene NPP project from 58 million euro to 1 billion euro. Russia exerts pressure on Bulgaria through the International Court of Arbitration in Paris. The attack comes only two weeks before the visit of a Russian delegation to Sofia which will make preliminary discussions about the project for future unit 7 of Kozloduy NPP.

Bulgaria: Rosatom wants to acquire Bulgarian NEC for debt

Sep 20, http://rt.com/business/news/rosatom-nec-debt-claim-479/

Russia's state nuclear company Rosatom may acquire a stake in Bulgaria's National Electric Company (NEC) if it fails to pay off a 1bln euro debt for work on a canceled nuclear power plant at Belene.

Canada may be on verge of ratifying international investment dispute treaty - Yves Fortier

Aug 08, http://business.financialpost.com/2012/08/07/canada-close-to-ratifying-international-investment-dispute-treaty-yves-fortier/

According to no less an authority than Yves Fortier, the globally renowned arbitrator and former Canadian ambassador to the United Nations, Canada may finally be ready to ratify the ICSID Convention on investor-state disputes.

Canada: First Point and Cliffs Settle Arbitration Action on Decar Project

Jul 31, http://www.firstpointminerals.com/s/NewsReleases.asp?ReportID=539734&_Type=News-Releases&_Title=First-Point-and-Cliffs-Settle-Arbitration-Action-on-Decar-Project

First Point Minerals Corp. announces that it has agreed with Cliffs Natural Resources Exploration Canada Inc. and Cliffs Natural Resources Exploration Inc., both wholly owned subsidiaries of Cliffs Natural Resources Inc., on a comprehensive settlement of a previously announced arbitration action with respect to the Decar Nickel-Iron Alloy Project (the "Decar Project" or the "Project") in British Columbia.

The terms of the settlement agreement executed by First Point and Cliffs maintain the Decar Project option agreement in full force and effect, enabling Cliffs, as manager of the Project, to continue progressing the Project towards completion of a NI-43-101 compliant Preliminary Economic Assessment ("PEA") by March, 2013, delivery of which would increase its interest in the Project from 51% currently to 60%.

"We are extremely pleased that Cliffs and First Point were able to come together on a settlement of these contractual matters, and that the full focus of the parties' efforts can once again be dedicated to the business of moving the Project forward technically and commercially," said Jim Gilbert, President and CEO of First Point. Further details of the settlement agreement will remain confidential, pursuant to the terms of the Project option agreement.

First Point is the original owner of, and currently holds a 49% interest in, the Decar Project, which First Point believes to be the first property of its type anywhere in the world to be explored for possible commercial production of nickel entirely from awaruite, a naturally-occurring nickel-iron alloy, effectively naturally-occurring "stainless steel". On April 16, 2012, First Point announced the maiden Inferred resource for the Project, totaling 1.2 billion tonnes grading 0.113% Davis Tube Recoverable Nickel, or 1,352,610 tonnes of contained Davis Tube Recoverable Nickel.

Canada: Isotechnika engaged in arbitration proceedings with ILJIN

Aug 15, http://www.virtual-strategy.com/2012/08/14/isotechnika-reports-second-quarter-2012-financial-results

The net income for three months ended June 30, 2011 included an unrealized non-cash gain of $6.7 million on a derivative financial instrument resulting from the Development, Distribution and License Agreement ("DDLA") with ILJIN Life Science Co., Ltd. ("ILJIN"). There was no similar item for the same period in 2012. The Company terminated the DDLA with ILJIN on January 30, 2012. As a result of ILJIN submitting a request for arbitration to the International Chamber of Commerce ("ICC") Court of Arbitration, the Company is currently engaged in arbitration proceedings under the ICC Rules of Arbitration.

Canada: Press Release: Arbitration Place Announces Advisory Board

Sep 5, http://arbitrationplace.com/wp-content/uploads/2012/09/AP_Board_Announcement-090512.pdf

Toronto - Arbitration Place, a fully integrated state-of-the-art-Canadian arbitration centre, is pleased to name the members of its newly formed Advisory Board.

"I am deeply honoured by the caliber of people who have agreed to join our Advisory Board," said Kimberley Stewart, CEO of Arbitration Place. "The breadth of their collective experience is exceptional."

"Arbitration Place is committed to doing everything it can to to help win Canada global recognition as a leading seat for international arbitration, and to expand the use of commercial arbitration here at home. With the guidance of our Advisory Board, we believe both objectives are possible."

Members of the Arbitration Place Advisory Board include: Geoffrey D. Creighton; Daniel Desjardins; Sanjeev Dhawan; Barry M. Fisher; Patrick Garver; The Honourable William C. Graham, PC, QC; William J. Hartnett, QC; The Honourable Frank Iacobucci, CC, QC, LLD, LSM; Wendy A. Kelley; Barry Leon; J. Robert S. Prichard, OC, OOnt; J. William Rowley, QC; Tom Trbovich; Anne Marie Whitesell.

Canada: TransCanada Receives Favourable Ruling with Sundance A Power Purchase Arrangement Arbitration Decision

Jul 23, http://www.transcanada.com/6070.html

TransCanada Corporation has received a favourable decision from an independent arbitration panel regarding the dispute over TransAlta Corporation's Sundance A force majeure and destruction claims. The arbitration panel was selected by TransCanada, TransAlta and the Alberta Balancing Pool.

"We are pleased the independent panel has determined the Power Purchase Arrangement (PPA) should not be terminated, and we look forward to receiving the economic value that Sundance A provides to TransCanada," said Russ Girling, president and chief executive officer, TransCanada Corporation. "As the independent panel ruled, it is now up to TransAlta to decide how it will honour this decision and establish a reasonable schedule to return the Sundance A units to service."

Under the PPA, TransCanada is entitled to 100 per cent of the generating capacity of the 560 MW Sundance A coal-fired power generating facility until the PPA expires at the end of 2017. In December 2010, Sundance A Units 1 and 2 were withdrawn from service and shortly thereafter, TransAlta claimed force majeure and economic destruction under the terms of the PPA. These claims were heard by the independent arbitration panel earlier this year. In summary, the independent panel has ordered TransAlta to rebuild these units and limited their force majeure claim from November 20, 2011 until a period of time that the units can reasonably be returned to service.

As of March 31, 2012, TransCanada had accrued $188 million of pre-tax income since TransAlta withdrew the units from service. As a result of the panel's decision, the company expects to realize approximately $138 million of this amount and will record a charge to earnings in the second quarter for the remaining approximate $50 million ($37 million after tax or $0.05 per common share). Of the non-recoverable balance, $30 million and $20 million relate to amounts originally recorded in first quarter 2012 and fourth quarter 2011, respectively.

Going forward, until TransAlta returns the Sundance A units to service, TransCanada will not realize the generation or related revenues it would otherwise be entitled to under the PPA but will be relieved of the associated capacity payments.

For confidentiality reasons, specific details in the decision are not permitted to be published.

China claims sovereignty over 80 per cent of disputed sea

Aug 13, http://www.brisbanetimes.com.au/world/china-claims-sovereignty-over-80-per-cent-of-disputed-sea-20120812-242mz.html

HAIKOU, China: China does not want to control all of the South China Sea, says Wu Shicun, the president of a government-sponsored research institute here devoted to that strategic waterway, whose seabed is believed to be rich in oil and natural gas. It wants only 80 per cent.

China eyes more EU investment after slow start

Sep 17, http://economictimes.indiatimes.com/news/international-business/china-eyes-more-eu-investment-after-slow-start/articleshow/16436778.cms

LONDON: The ambition of China's No. 2 bank to spend more on a single acquisition than the value of all of the country's European deals in the past two years sends a clear signal of intent: Europe is finally on China's takeover radar.

China-Australia: Sage confident on securing MCC $80m

Jul 24, http://au.news.yahoo.com/thewest/business/a/-/wa/14348404/sage-confident-on-securing-mcc-80m/

Tony Sage says he is very confident Cape Lambert Resources will get its hands on the $80 million it claims to be owed by Metallurgical Corporation of China before arbitration, despite further bickering in court yesterday.

The long-running dispute over the balance allegedly owed from the $400 million sale of its namesake magnetite project to MCC in 2008 has continued in the Supreme Court of WA, with lawyers arguing over arbitration processes.

Although a Supreme Court judgment last month ordered the Chinese group to deposit the contested sum into an escrow account, MCC lawyers said yesterday all disputes it had with Cape Lambert should be referred to the Singapore International Arbitration Centre.

China-Lao PDR: Sanum seeks World Bank help on Lao dispute

Aug 16, http://www.theasset.com/article/22481.html

Lao Holdings N.V. and its wholly-owned subsidiary, Macau-based Sanum Investments, have both filed suit against the government of the Lao People's Democratic Republic to stop the alleged illegal taking of a US$400 million investment by Lao government. The claims will be handled by the World Bank's International Center for the Settlement of Investment Disputes using treaties signed by Lao to protect foreign investment.

China-Taiwan: Dispute settlement mechanism to be detailed in Taiwan-China pact

Aug 01, http://www.taiwannews.com.tw/etn/news_content.php?id=1986006

Beijing and Taipei will detail multiple ways of resolving business disputes between private investors and the governments in a cross-Taiwan Strait investment protection pact, officials said Tuesday.

China-Taiwan: Entrepreneurs urge closer IP protection cooperation between Taiwan and China

Aug 13, http://www.iam-magazine.com/reports/detail.aspx?g=a17841c0-edf8-4739-b78e-856978dc97bd

Unsatisfied with the joint efforts of both governments under the Cross-Strait IP Rights Protection Cooperation Agreement, signed on 26th June 2010, some Taiwanese entrepreneurs have urged the government to aim for closer cooperation in IP rights protection and to consider establishing special mechanisms under the BIA to resolve IP-related disputes across the Taiwan Strait.

China-Taiwan: Foreign banks divided over investment pact

Aug 01, http://www.taipeitimes.com/News/taiwan/archives/2012/08/01/2003539169

Foreign banks in Taiwan have expressed mixed views on a long-stalled cross-strait investment protection pact that is expected to be signed at the eighth round of high-level talks between Taiwan and China, which are set to begin on Aug. 9.

China: White Paper Issued on Strengthening the Legal Environment for Shanghai's Finance Sector

Aug 13, http://www.china-briefing.com/news/2012/08/10/white-paper-issued-on-strengthening-the-legal-environment-for-shanghais-finance-sector.html

Further, according to the Paper, Shanghai is spearheading the establishment of a relatively complete system in terms of financial judicial specialization. Specifically, 4 district courts have established third-level financial tribunals and 14 basic courts have set up financial collegial panels. In addition, financial arbitration institutions and financial mediation institutions in Shanghai provide another efficient means of dispute resolution. The Financial Arbitration Court of Shanghai handled 450 cases last year.

China: White Paper Issued on Strengthening the Legal Environment for Shanghai's Finance Sector

Aug 13, http://www.china-briefing.com/news/2012/08/10/white-paper-issued-on-strengthening-the-legal-environment-for-shanghais-finance-sector.html

Further, according to the Paper, Shanghai is spearheading the establishment of a relatively complete system in terms of financial judicial specialization. Specifically, 4 district courts have established third-level financial tribunals and 14 basic courts have set up financial collegial panels. In addition, financial arbitration institutions and financial mediation institutions in Shanghai provide another efficient means of dispute resolution. The Financial Arbitration Court of Shanghai handled 450 cases last year.

Colombia: Midasco Capital Corp. - Contract Arbitration

Aug 06, http://finance.sympatico.ca/home/midasco_capital_corp_-_contract_arbitration/d553342d

The Company has received notice from the Titleholder of the 7 licenses under the Option Agreement dated April 11, 2011 that he has unilaterally terminated the agreement due to non-payment of certain monies under the payment schedule.

The Company has paid as per the Agreement signed between the Government of Bolivar and the Titleholder all Canon arrears and made all regulatory filings (PTO's, EIA's and Insurance documents) to bring a number of the licenses current and available for transfer to the Company under the Agreement. The Company made a decision not to make a payment to the Titleholder as the Titleholder failed to cooperate with facilitating the transfer of titles and the Secretary of Mines Bolivar refused to transfer the licenses even though the Company paid the surface Canon funds directly to them and submitted Irrevocable Power of Attorney from the Titleholders to transfer the titles.

The Company through its Colombian law firm Alianza W.J. Ltd has notified the Titleholder that the Company will seek Arbitration under Clause 13 of the Agreement and seek an order instructing the Secretary of Mines, Bolivar to affect the transfer of titles.

We seek safe harbour.

CONOCOPHILLIPS: Contingencies and Commitments

Aug 01, http://www.sec.gov/Archives/edgar/data/1163165/000119312512325680/R20.htm

A number of lawsuits involving a variety of claims have been made against ConocoPhillips that arise in the ordinary course of business. We also may be required to remove or mitigate the effects on the environment of the placement, storage, disposal or release of certain chemical, mineral and petroleum substances at various active and inactive sites. We regularly assess the need for accounting recognition or disclosure of these contingencies. In the case of all known contingencies (other than those related to income taxes), we accrue a liability when the loss is probable and the amount is reasonably estimable. If a range of amounts can be reasonably estimated and no amount within the range is a better estimate than any other amount, then the minimum of the range is accrued. We do not reduce these liabilities for potential insurance or third-party recoveries. If applicable, we accrue receivables for probable insurance or other third-party recoveries. In the case of income-tax-related contingencies, we use a cumulative probability-weighted loss accrual in cases where sustaining a tax position is less than certain.

Based on currently available information, we believe it is remote that future costs related to known contingent liability exposures will exceed current accruals by an amount that would have a material adverse impact on our consolidated financial statements. As we learn new facts concerning contingencies, we reassess our position both with respect to accrued liabilities and other potential exposures. Estimates particularly sensitive to future changes include contingent liabilities recorded for environmental remediation, tax and legal matters. Estimated future environmental remediation costs are subject to change due to such factors as the uncertain magnitude of cleanup costs, the unknown time and extent of such remedial actions that may be required, and the determination of our liability in proportion to that of other responsible parties. Estimated future costs related to tax and legal matters are subject to change as events evolve and as additional information becomes available during the administrative and litigation processes.

Environmental

We are subject to international, federal, state and local environmental laws and regulations. When we prepare our consolidated financial statements, we record accruals for environmental liabilities based on management's best estimates, using all information that is available at the time. We measure estimates and base liabilities on currently available facts, existing technology, and presently enacted laws and regulations, taking into account stakeholder and business considerations. When measuring environmental liabilities, we also consider our prior experience in remediation of contaminated sites, other companies' cleanup experience, and data released by the U.S. Environmental Protection Agency (EPA) or other organizations. We consider unasserted claims in our determination of environmental liabilities, and we accrue them in the period they are both probable and reasonably estimable.

Although liability of those potentially responsible for environmental remediation costs is generally joint and several for federal sites and frequently so for state sites, we are usually only one of many companies cited at a particular site. Due to the joint and several liabilities, we could be responsible for all cleanup costs related to any site at which we have been designated as a potentially responsible party. We have been successful to date in sharing cleanup costs with other financially sound companies. Many of the sites at which we are potentially responsible are still under investigation by the EPA or the state agencies concerned. Prior to actual cleanup, those potentially responsible normally assess the site conditions, apportion responsibility and determine the appropriate remediation. In some instances, we may have no liability or may attain a settlement of liability. Where it appears that other potentially responsible parties may be financially unable to bear their proportional share, we consider this inability in estimating our potential liability, and we adjust our accruals accordingly. As a result of various acquisitions in the past, we assumed certain environmental obligations. Some of these environmental obligations are mitigated by indemnifications made by others for our benefit and some of the indemnifications are subject to dollar and time limits.

We are currently participating in environmental assessments and cleanups at numerous federal Superfund and comparable state sites. After an assessment of environmental exposures for cleanup and other costs, we make accruals on an undiscounted basis (except in respect of sites acquired in a purchase business combination, which we record on a discounted basis) for planned investigation and remediation activities for sites where it is probable future costs will be incurred and these costs can be reasonably estimated. At June 30, 2012, our balance sheet included a total environmental accrual of $440 million, compared with $922 million at December 31, 2011. A significant portion of our environmental contingencies at December 31, 2011, was related to our Downstream business. See Note 2-Separation of Downstream Business, for additional information. We expect to incur a substantial amount of these expenditures within the next 30 years. We have not reduced these accruals for possible insurance recoveries. In the future, we may be involved in additional environmental assessments, cleanups and proceedings.

Legal Proceedings

Our legal organization applies its knowledge, experience and professional judgment to the specific characteristics of our cases, employing a litigation management process to manage and monitor the legal proceedings against us. Our process facilitates the early evaluation and quantification of potential exposures in individual cases. This process also enables us to track those cases that have been scheduled for trial and/or mediation. Based on professional judgment and experience in using these litigation management tools and available information about current developments in all our cases, our legal organization regularly assesses the adequacy of current accruals and determines if adjustment of existing accruals, or establishment of new accruals, are required.

Other Contingencies

We have contingent liabilities resulting from throughput agreements with pipeline and processing companies not associated with financing arrangements. Under these agreements, we may be required to provide any such company with additional funds through advances and penalties for fees related to throughput capacity not utilized. In addition, at June 30, 2012, we had performance obligations secured by letters of credit of $1,035 million (issued as direct bank letters of credit) related to various purchase commitments for materials, supplies, services and items of permanent investment incident to the ordinary conduct of business.

In 2007, we announced we had been unable to reach agreement with respect to our migration to an empresa mixta structure mandated by the Venezuelan government's Nationalization Decree. As a result, Venezuela's national oil company, Petróleos de Venezuela S.A. (PDVSA), or its affiliates, directly assumed control over ConocoPhillips' interests in the Petrozuata and Hamaca heavy oil ventures and the offshore Corocoro development project. In response to this expropriation, we filed a request for international arbitration on November 2, 2007, with the World Bank's International Centre for Settlement of Investment Disputes (ICSID). An arbitration hearing was held before an ICSID tribunal during the summer of 2010, and we are currently awaiting an interim decision on key legal and factual issues. A different arbitration hearing was held in January 2012 with the International Chamber of Commerce on ConocoPhillips' separate claims against PDVSA for certain breaches of their Association Agreements prior to the expropriation. The arbitration process is ongoing.

In 2008, Burlington Resources, Inc., a wholly owned subsidiary of ConocoPhillips, initiated arbitration before ICSID against The Republic of Ecuador, as a result of the newly enacted Windfall Profits Tax Law and government-mandated renegotiation of our production sharing contracts. Despite a restraining order issued by ICSID, Ecuador confiscated the crude oil production of Burlington and its co-venturer and sold the illegally seized crude oil. In 2009, Ecuador took over operations in Blocks 7 and 21, fully expropriating our assets. In June 2010, the ICSID tribunal concluded it has jurisdiction to hear the expropriation claim. An arbitration hearing on case merits occurred in March 2011, and we are awaiting a decision. On April 24, 2012, Ecuador filed a revised supplemental counterclaim asserting environmental damages, which we believe are not material. The arbitration process is ongoing.

Cuba: Max Marambio Wins Arbitration Against Cuba in International Court

Aug 01, http://www.havanatimes.org/?p=75487

HAVANA TIMES - The International Court of Arbitration in Paris accepted the arguments of Chilean businessperson Max Marambio, who is suing the Cuban government for assets of the Rio Zaza company, reported La Tercera newspaper.

http://diario.latercera.com/2012/07/27/01/contenido/pais/31-114635-9-max-marambio-obtiene-triunfo-en-corte-de-paris-por-juicio-contra-cuba.shtml

Czech Finance Ministry prepares for another costly arbitration

Jul 24, http://www.ceskenoviny.cz/news/zpravy/czech-finance-ministry-prepares-for-another-costly-arbitration/820317

Prague - The Czech Finance Ministry is preparing for an arbitration in dispute with Canadian citizen Peter Pechan in which the state representation costs are put at 80 to 200 million crowns.

Denmark: Vestas in $32m row with Argentine wind developer

Sep 13, http://www.rechargenews.com/energy/wind/article322606.ece

Danish turbine maker Vestas has started international arbitration proceedings against Argentina's Genneia - the only company to successfully develop wind power in the South American nation - in a row over payments, Recharge has learned.

Ecuador: Chevron says Ecuador arbitration to stretch into 2014

Aug 03, http://www.chicagotribune.com/business/sns-rt-us-chevron-ecuadorbre8711c1-20120802,0,7684919.story

Reuters - An international tribunal that will weigh in on Chevron Corp's two-decade dispute over pollution in Ecuador has set a timeline that runs into 2014, according to a Chevron regulatory filing on Thursday.

Egypt: SODIC takes legal steps against Solidaire to scrap deals

Sep 12, http://english.mubasher.info/portal/CASE/getDetailsStory.html?storyId=2155260&goToHomePageParam=true

Six of October Development & Investment Co. (SODIC) announced posting a legal memo at Cairo Regional Centre for International Commercial Arbitration against Solidaire International Co. to recall a contract between both companies. SODIC said that Solidaire failed to fulfill its contractual obligations related to the partnership agreement on Sheikh Zayed project.

Eni: dismissal by the United States District Court of the criminal information filed against Snamprogetti Netherlands B.V. for incidents of corruption regarding the TSKJ consortium in Nigeria - Eni

Sep 21, http://www.eni.com/en_IT/media/press-releases/2012/09/2012-09-19-TSKJ-consortium.shtml

The dismissal definitively concludes the U.S. criminal proceeding against Snamprogetti Netherlands BV, a former indirect subsidiary of Eni and current subsidiary of Saipem. Snamprogetti Netherlands BV had a 25% participation in the TSKJ consortium.

Establishing a Framework for Cooperation in Economic Relations between the Government of Japan and the Government of the Republic of Turkey, and Results of the Trade and Investment Summit / Ministry of Economy, Trade and Industry (METI)

Jul 19, http://www.meti.go.jp/english/press/2012/0719_01.html

On Thursday, July 19, Mr. Koichiro Gemba, Minister for Foreign Affairs, Mr. Yukio Edano, Minister of Economy, Trade, and Industry, and H.E. Mr. Zafer Caglayan, Minister of Economy of the Republic of Turkey, who was visiting Japan, signed on the "Memorandum on Establishing a Framework for Cooperation in Economic Relations between the Government of Japan and the Government of the Republic of Turkey." Subsequently, the ministers held the First Japan-Turkey Trade and Investment Summit (TRINS) launched on the basis of the Memorandum.

Ethiopia May Run Gas Fields Amid Dispute With China's PetroTrans

Aug 02, http://www.businessweek.com/news/2012-08-02/ethiopia-may-run-gas-fields-amid-dispute-with-china-s-petrotrans

Ethiopia's government may develop gas fields in its eastern Somali region itself or with a partner while a contractual dispute with a Chinese oil and gas company is resolved, Mines Minister Sinknesh Ejigu said.

Frontera Receives Favorable Ruling from the United States Court of Appeals for the Fifth Circuit in Frontera vs. ARAR

Jul 20, http://www.fronteraresources.com/recent-news/frontera-receives-favorable-ruling-from-the-united-states-court-of-appeals-for-the-fifth-circuit-in-frontera-vs-arar/

Frontera Resources Corporation (London Stock Exchange, AIM Market - Symbol: FRR), an independent oil and gas exploration and production company ("Frontera""), today announced that, further to the disclosure in its financial statements for the year ended December 31, 2011, its operating subsidiary, Frontera Eastern Georgia Limited ("FEGL"), received on July 16, 2012, a favorable ruling from the United States Court of Appeals for the Fifth Circuit ("Court of Appeals") in relation to the arbitration case described below.

In this ruling, the Court of Appeals affirmed, in entirety, the confirmation by the United States District Court for the Southern District of Texas of an arbitration award in favor of FEGL, in the total amount of US$1.6 million, against ARAR, ARAR's Turkish affiliate and Mr. Fatih Alpay, from an international arbitration panel of the International Centre for Dispute Resolution (the "ICDR") seated in Houston, Texas.

The arbitration dispute arose out of the performance of a drilling contract between FEGL and ARAR, Inc. in 2007-08, and FEGL initiated arbitration before the ICDR in January 2008. The parties entered into a settlement agreement in December 2008 providing for ARAR to, among other things, make certain payments to FEGL during the period December 2008 to December 2009. In August 2009, ARAR ceased making payments as required under the settlement agreement, and FEGL applied to the arbitration panel for entry of an agreed award as provided by the settlement. Following a hearing in March 2010, the arbitration panel issued its award which was subsequently confirmed by the District Court judgment. ARAR appealed the District Court's judgment with the Court of Appeals which, upon hearing on July 9, 2012, issued its ruling on July 16, 2012, dismissing ARAR's appeal and affirming the District Court's judgment in its entirety.

Gazprom: International arbitration settles Gazprom's claims against Lithuanian Ministry of Energy

Jul 31, http://www.gazprom.com/press/news/2012/july/article141139/

The Arbitration Institute of the Stockholm Chamber of Commerce resolved today to settle most of Gazprom's claims against the Ministry of Energy of the Republic of Lithuania. The Ministry had filed a case with the Lithuanian court against Lietuvos Dujos and its top management in breach of the Shareholders Agreement.

The Stockholm Arbitration Institute protected the rights of Gazprom, as a shareholder of Lietuvos Dujos, having declared that the case filed with the Vilnius Court of Commercial Arbitration partially violated the Lietuvos Dujos Shareholders Agreement.

Moreover, the Arbitration Institute agreed with Gazprom that the Shareholders Agreement was the only document regulating changes in the terms and conditions of gas purchase and all other commercial relationships between Gazprom and Lietuvos Dujos, and the Lithuanian authorities did not have the right to turn to the Lithuanian court seeking a forced amendment to the previously agreed terms and conditions of the Russian gas purchase and transit. The Arbitration Institute also obliged the Lithuanian Ministry of Energy to give up their key allegations in the Vilnius Court trial coming to an end.

The decision taken by the independent Arbitration Institute affirmed Gazprom's initial standpoint in the long-lasting dispute with Lithuania whereas the Lithuanian Ministry of Energy tried to settle commercial issues for its own benefit by bringing the case to Lithuanian court instead of independent arbitration according to the Lietuvos Dujos Shareholders Agreement.

Georgia: Bidzina Ivanishvili sues Georgian Government

Aug 17, http://www.today.az/news/regions/111337.html

If the Georgian Dream wins the election, Ivanishvili will be defendant and plaintiff at the same time in the arbitration lawsuit. If the claim is met, then Prime Minister Ivanishvili will pay the compensation to businessman Ivanishvili.

Georgia: Ivanishvili to start arbitration with government

Aug 02, http://dfwatch.net/ivanishvili-to-start-arbitration-with-government-48870

Saakashvili's potential nemesis, the businessman Bidzina Ivanishvili, has lodged a an arbitration case against the Georgian government. Maya Panjikidze, spokesperson for Georgian Dream coalition, said at a briefing Wednesday that the law firm Skadden will defend Ivanishvili.

Hong Kong: Arbitration Chambers Hong Kong was officially launched last Wednesday 19 September 2012.

Sep 19, http://www.arbitrationchambershk.com

Over 130 of Hong Kong's and the Asia-Pacific's leading practitioners and arbitrators attended a cocktail reception to help celebrate the launch of China's first set of chambers dedicated to international arbitration.

Arbitration Chambers Hong Kong (www.arbitrationchambershk.com) is an exciting new concept that brings together experienced arbitration counsel and arbitrators from around the world. Tenants of Arbitration Chambers Hong Kong are able to act as arbitration counsel or as arbitrators in ad hoc arbitrations as well as arbitrations held under the rules of institutions such as the ICC, HKIAC, SIAC, CIETAC, LCIA and the SCC.

The establishment of Arbitration Chambers Hong Kong recognises the growing importance of arbitration as a way of resolving commercial disputes across the Asia-Pacific region and the increasing demand for specialist arbitration services.

Arbitration Chambers Hong Kong was set-up by Gavin Denton, an arbitration specialist who worked and studied in Mainland China (Beijing and Shanghai), before relocating back to Hong Kong to establish Arbitration Chambers Hong Kong. Other tenants include Pump Court International with six QCs and seven junior barristers from London and leading silk Bruce Collins Q.C. from Sydney. Over time the aim is to attract a select number of leading law firms with a focus on arbitration from different geographic regions, including Continental Europe, North America, South America and Asia to join chambers and to contribute to the dynamic and growing arbitration community in Hong Kong and China.

Arbitration Chambers Hong Kong believes that Hong Kong is perfectly placed to deliver arbitration services to businesses in China and those doing business with China and across the Asia-Pacific region. Hong Kong's importance is reflected in the fact that it is home to the stylishly refurbished Hong Kong International Arbitration Centre (HKIAC), the first regional Secretariat of the ICC's International Court of Arbitration (ICC), and shortly the China International Economic and Trade Arbitration Commission (CIETAC).

Arbitration Chambers Hong Kong adds to the progressive and constantly evolving arbitration environment in Hong Kong, which has made it one of the leading arbitration centres not only in the Asia-Pacific, but around the world.

Hong Kong: Speech by SJ at inauguration ceremony of CIETAC Hong Kong Arbitration Centre

Sep 24, http://7thspace.com/headlines/422243/speech_by_sj_at_inauguration_ceremony_of_cietac_hong_kong_arbitration_centre.html

HKSAR - Following is the translation of the speech by the Secretary for Justice, Mr Rimsky Yuen, SC, at the inauguration ceremony of the China International Economic and Trade Arbitration Commission Hong Kong Arbitration Centre and Conference on Arbitration this afternoon (September 24).

India-Pakistan: Court of arbitration closes hearings into Kishenganga dam

Sep 01, http://tribune.com.pk/story/429835/court-of-arbitration-closes-hearings-into-kishenganga-dam/

THE HAGUE: The International Court of Arbitration on Friday closed two weeks of hearings into an arbitration put forward by Pakistan on the construction of the Kishenganga dam by India on the Neelam River.

India-Pakistan: Notice to govt on plea against construction of dams by India

Sep 07, http://www.thenews.com.pk/Todays-News-2-130526-Notice-to-govt-on-plea-against-construction-of-dams-by-India

LAHORE: The Lahore High Court (LHC) on Thursday issued notice to the Federal Government for September 15 on a petition seeking direction for the federal government to approach International Court of Arbitration on the issue of illegal construction of dams by Indian authorities on Indus River.

India: Arbitration deed must be registered

Aug 20, http://www.business-standard.com/india/news/arbitration-deed-must-be-registered/483730/

The Supreme Court has ruled that an arbitration clause in a deed which is compulsorily registrable but not registered and insufficiently stamped cannot be enforced. In this case, Naina Thakkar vs Annapurna Builders, the Hyderabad civil court rejected her application invoking the Arbitration and Conciliation Act because the lease deed was not registered properly. The Andhra Pradesh High Court upheld the civil court order. She moved the Supreme Court contending that she should have been given an opportunity to make up the deficit stamp duty and pay penalty following the procedure prescribed in the Indian Stamps Act. The court rejected her contention remarking that "it is not the duty of the court to adjourn the suit indefinitely until the defect on stamp duty concerning the arbitration agreement is cured."

India: Axiata sends notice to government - 3rd global telco after Telenor and Sistema

Jul 24, http://profit.ndtv.com/News/Article/axiata-sends-notice-to-government-308283

Axiata, which owns 19.69 per cent in Idea Cellular, claims that its investments in India faces risk because of the February Supreme Court order. It has written to the Prime Minister, External Affairs Minister and Telecom Minister, seeking to resolve the matter within the next six months. The letter says that if the matter is not resolved within six months, the company has the right to go into arbitration under the Indo-Mauritius Bilateral Investment Treaty.

India: Centre mulls renegotiating bilateral investment pacts

Jul 23, http://www.business-standard.com/india/news/centre-mulls-renegotiating-bilateral-investment-pacts/481170/

With Vodafone, Sistema and Loop Telecom, among others, serving notices on the Government of India for international arbitration on tax or licence disputes, the latter is considering renegotiating its Bilateral Investment Promotion & Protection Agreement (Bipa) with diverse countries, to introduce provisions barring investors from taking such recourse. The government also wants it stated clearly that a Bipa does not cover taxation.

The proposed move is aimed at putting an end to the confusion on whether an international court can override the decisions taken by an Indian court, especially the Supreme Court. A favourable ruling for the investor in an international court can put the government in a fix.

"A number of Bipa clauses need to be revised. If you are taking legal recourse under domestic law, then you can't seek protection under international law. It has to be either of the two," an official told Business Standard.

India: CLB stops Uninor asset sale

Aug 10, http://www.business-standard.com/india/news/clb-stops-uninor-asset-sale/482882/

"I allow the application and injunct the respondent (Uninor) from taking any steps whatsoever in pursuance to the auction notice published on August 1 or similar notices that may have been published," CLB Chairman D R Deshmukh said in his order on Thursday. He added the decision was final and would not be reviewed by CLB.

India: DoT puts major conditions for Uninor rights issue

Aug 06, http://www.business-standard.com/india/news/dot-puts-major-conditions-for-uninor-rights-issue/482207/

The Department of Telecommunications (DoT) has conveyed to the Foreign Investment Promotion Board (FIPB) that Unitech Wireless will have to get security clearance for its proposed new Indian investor, as well as furnish the rights issue price and the number of shares subscribed by its Indian and foreign investors.

India: DoT raises concerns on Uninor rights issue

Jul 31, http://www.thehindubusinessline.com/industry-and-economy/info-tech/article3703875.ece?homepage=true&ref=wl_home

The Department of Telecom has told the Foreign Investment Promotion Board (FIPB) that a decision on Uninor's rights issue should be taken after looking into a number of pending issues.

This includes the legal notice issued by the Norwegian firm against the Indian Government under a bilateral investment treaty.

India: Energy companies like RIL, Cairn India want government to retain incentives for oil and gas contracts

Aug 22, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/energy-companies-like-ril-cairn-india-want-government-to-retain-incentives-for-oil-and-gas-contracts/articleshow/15595756.cms

NEW DELHI: Exploration companies such as Reliance Industries, BP and Cairn India have urged the Rangarajan committee, which is reviewing oil and gas contracts, to improve administration of oil and gas blocks while continuing with the contentious but lucrative system that allows them to recover field development costs before sharing profits with the government.

India: Kishenganga hydro project - India proposes to make court proceedings public

Aug 20, http://english.samaylive.com/nation-news/676511676/kishenganga-hydro-project-indo-pakistan-dispute-international-co.html

The Indo-Pak dispute over Kishenganga hydro project has taken a new turn with the two countries locked in a tussle over whether the proceedings of the case in the Hague-based court of arbitration should be made public.

The International Court of Arbitration at Hague will hold its final hearing on August 20 on the dispute between India and Pakistan over the 330 MW Kishanganga hydro-electric project in Jammu and Kashmir.

India: Supreme Court ruling on international arbitration order a relief for Private Equity firms

Sep 08, http://economictimes.indiatimes.com/news/economy/finance/supreme-court-ruling-on-international-arbitration-order-a-relief-for-pe-firms/articleshow/16305384.cms

MUMBAI: Private equity investors and businesses agreeing to settle disputes through arbitration overseas can rest assured that the Indian legal system will no more be a stumbling block in enforcing awards.

India: TCI files writ petition against coal ministry, Coal India

Aug 02, http://www.livemint.com/2012/08/01172449/TCI-files-writ-petition-agains.html

New Delhi: The Children Investment Fund Management (UK) Llp, or TCI, filed a writ petition in the Delhi high court against India's coal ministry and Coal India Ltd, in which it is a minority shareholder, challenging their moves to keep prices artificially low.

India: Unitech, Telenor in fresh JV spar

Jul 26, http://timesofindia.indiatimes.com/business/india-business/Unitech-Telenor-in-fresh-JV-spar/articleshow/15154968.cms

The fight between mobile joint venture partners Unitech and Telenor has escalated with the realtor approaching the Foreign Investment Promotion Board (FIPB) alleging that the Norwegian firm has "deliberately misrepresented" purported approval given to the "rights issue" and has sought that a decision should not be taken as it would be "contrary to law".

In a six-page letter to FIPB, Unitech, which holds nearly 33% in Unitech Wireless (Uninor) through three entities, has said that contrary to Telenor's claims, its nominees have not agreed to a rights issue that is already under arbitration.

India: US working on investment treaty with India

Sep 20, http://www.indianexpress.com/news/us-working-on-investment-treaty-with-india/1005304/

Months after it unveiled a model bilateral investment treaty (BIT), a top Obama Administration official has said the US is working on BIT with a number of countries, including India, China and Mauritius.

India: Vodafone Considers $2.2 Billion Tax Provision on Indian Law

Sep 17, http://www.bloomberg.com/news/2012-09-16/vodafone-considers-2-2-billion-india-provision-after-law-change.html

Vodafone Group Plc (VOD), which has resisted setting aside money for a $2.2 billion tax bill in India, may make a provision to cover the legal risks, Chief Financial Officer Andy Halford said in an interview.

Indian finance minister Palaniappan Chidambaram to review tax law that landed Vodafone with $2bn bill

Aug 08, http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/telecoms/9457831/Indian-finance-minister-Palaniappan-Chidambaram-to-review-tax-law-that-landed-Vodafone-with-2bn-bill.html

India's new finance minister Palaniappan Chidambaram has ordered a review of retrospective tax laws that landed British mobile phone giant Vodafone with a $2.2bn bill.

Indonesia appoints senior lawyers for arbitration with UK Churchill Mining

Aug 09, http://www.asianewsnet.net/home/news.php?id=34819

In an apparent first, an ad hoc tribunal has agreed to hear a Saudi investor's claim against Indonesia under a little-known investment treaty signed by member states of the Organisation of Islamic Cooperation.

Indonesia: Astro All, Lippo Face Off in Singapore Court Over $300m Ruling

Jul 24, http://www.thejakartaglobe.com/business/astro-all-lippo-face-off-in-singapore-court-over-300m-ruling/532274

The long-running legal saga between the Lippo Group and Malaysia's Astro All Network, owned by T. Ananda Krishnan, over a failed pay-television joint venture in Indonesia took another turn in Singapore's High Court on Monday as Queen's Counsel Toby Landau sought to overturn earlier awards granted by the arbitration tribunal against several Lippo group companies.

Indonesia: President Susilo Bambang Yudhoyono warns of time bomb in RI mining

Aug 08, http://www.thejakartapost.com/news/2012/08/08/sby-warns-time-bomb-ri-mining.html

President Susilo Bambang Yudhoyono warned on Tuesday that the growing mining permit problems in the country could become a time bomb if the government failed to find the right solution.

"There are so many problematic mining permits [...] there are thousands, not just merely hundreds. We should fix the problems because they have hampered investment," the President told a press conference after a limited Cabinet meeting on energy held at state-owned oil and gas company Pertamina's headquarters in Jakarta on Tuesday.

Indonesian partner ousts Intrepid Mines

Jul 26, http://www.theaustralian.com.au/business/mining-energy/indonesian-partner-ousts-intrepid-mines/story-e6frg9df-1226433329031

INTREPID Mines has been elbowed out of its flagship project in Indonesia by local business interests operating in the shadows, sending shares in the formerly high-flying company crashing and prompting it to warn that Indonesia's reputation as a mining investment destination was being damaged.

International Tribunal Orders Russian Government to Pay Investors for Nationalization of Yukos Oil

Jul 26, http://en.ria.ru/business/20120726/174789782.html

An international tribunal has ordered the Russian government to compensate a group of Spanish investors for the losses they suffered when Russia placed Yukos Oil Company under state control, Covington & Burling, which represented the plaintiff's interests, said on Thursday. ... The tribunal concluded "that Yukos' tax delinquency was indeed a pretext for seizing Yukos assets and transferring them to Rosneft... The finding supports the Claimants' contention that the Russian Federation's real goal was to expropriate Yukos, and not to legitimately collect taxes," Covington & Burling said in a statement.

[Quasar de Valores SICAV S.A., et al. v. The Russian Federation]

Iran suspends $2.6B gas project over funding dispute

Sep 02, http://www.ctvnews.ca/business/report-iran-suspends-2-6b-gas-project-over-funding-dispute-1.939751

Iran's media says the country has suspended a $2.6 billion gas project with a Chinese consortium over a funding dispute.

Iran to withdraw complaint if Russia hands over S-300 systems: Envoy

Aug 02, http://www.presstv.ir/detail/2012/08/01/253841/iran-to-drop-case-if-russia-hands-s300/

If Russia agrees to deliver the systems under an already-signed agreement between the two sides, then Iran will withdraw its claim against Rosoboronexport, Russia's state-run arms trader, Mahmoud-Reza Sajjadi said in an interview with Russia's Izvestia daily published on Wednesday.

Iran-Russia: lawsuit puts relations at risk

Aug 16, http://rbth.ru/articles/2012/08/16/iran-russia_lawsuit_puts_relations_at_risk_17429.html

Tehran is claiming breach of contract after Moscow failed to deliver the S-300 missile system; Russia says it will stop backing Tehran in the international arena unless the lawsuit is withdrawn.

Iraq blacklists Chevron for Kurdish oil deals

Jul 25, http://www.reuters.com/article/2012/07/24/iraq-chevron-idUSL6E8IOBAD20120724

Iraq bars Chevron from oil deals with central government; Chevron buys oil block shares from India's Reliance; Baghdad, Kurds locked in dispute over oil deals.

Iraqi Parliamentary Team Satisfied with Inquiry into Kurdistan's Oil Deals

Jul 28, http://www.rudaw.net/english/kurds/5014.html

ERBIL, Kurdistan Region - An Iraqi parliamentary team visited Erbil last week to investigate Kurdistan's oil deals with foreign oil companies, the lack of an oil and gas law in Baghdad, and Baghdad's stoppage of Kurdistan's share of refined oil products. Ali Fayaz, the deputy head of the parliamentary committee for oil and gas who met with Kurdistan Region's Minister of Natural Resources Ashti Hawrami, told Rudaw, "The purpose behind this visit was to find out what the oil and gas dispute between Baghdad and Erbil is about and how to work together on this issue."

Italy: Edison counts on gas contract revamps to help margins

Jul 30, http://www.reuters.com/article/2012/07/30/edison-idUSL6E8IUFC320120730

Reuters - "We will get 600 million euros from the (gas arbitration) process," Lescoeur told analysts in a conference call on the group's first-half results. But he warned that renegotiation of the contracts was not a one-off and that the process would have to be ongoing to offset a severe squeeze on margins that is set to continue.

Jindal Steel & Power: Flight from Bolivia

Aug 13, http://www.business-standard.com/india/news/flightbolivia/482920/

Two days later, the left-leaning Evo Morales government hit back. "Jindal was simply trying to make investments on the basis of our potential (sic)," Mining Minister Mario Virreira said at a news conference. "They don't have their own capital; they were just speculating with stock markets and trying to invest on the back of that." Hector Cordova, the head of Comibol, Bolivia's state-owned mining company, said the government would call for fresh bids for the mines by the end of the year and steel would be produced at the site by 2014. "Jindal's exit," he told a news agency, "gives us an opportunity to team up with a serious company that has the technical and economic capacity to guarantee the project's success.

Jindal Steel & Power: Flight from Bolivia

Aug 13, http://www.business-standard.com/india/news/flightbolivia/482920/

Two days later, the left-leaning Evo Morales government hit back. "Jindal was simply trying to make investments on the basis of our potential (sic)," Mining Minister Mario Virreira said at a news conference. "They don't have their own capital; they were just speculating with stock markets and trying to invest on the back of that." Hector Cordova, the head of Comibol, Bolivia's state-owned mining company, said the government would call for fresh bids for the mines by the end of the year and steel would be produced at the site by 2014. "Jindal's exit," he told a news agency, "gives us an opportunity to team up with a serious company that has the technical and economic capacity to guarantee the project's success.

Kazakhstan: IIT seeks bankruptcy of Krasnoyarsk sawmill over debt of 440 mln rubles

Jul 24, http://www.interfax.com/newsinf.asp?id=349280

International Investor for Trading (IIT), a Jordanian lumber importer, has filed a lawsuit with the Krasnoyarsk Territory Arbitration Court seeking to have OJSC Maklakovsky Sawmill declared bankrupt.

The grounds for the lawsuit is the failure of Maklakovsky, one of the region's largest sawmills, to comply with a regional arbitration court order from September 29, 2011 to pay the Jordanian company 438.9 million rubles on a lumber supply contract, according to court materials.

Lao: Casino Set for Seizure

Sep 11, http://www.rfa.org/english/news/laos/sanum-09112012164320.html

A China-based company says authorities in Laos are poised to seize its casino-its last remaining asset in the country-after it sued the government for allegedly breaking treaties protecting foreign investment.

Sanum Investments Ltd. said it has learned that the government will take over the Savan Vegas casino and entertainment complex in southern Laos's Savannakhet province if it refuses to pay millions of dollars in back taxes the company says it does not owe.

Lithuania: Stockholm Arbitration dismissed Gazprom's claims for Lithuania concerning the case of "Lietuvos dujos"

Jul 31, http://www.enmin.lt/en/news/detail.php?ID=2235

Arbitration acknowledged that Gazprom can by no means prohibit Lithuanian Government to question the eligibility of "Lietuvos dujos' "management bodies. However arbitration stated that the issue of high gas price for Lithuania cannot be resolved during same court procedures - this question should be separately submitted to Stockholm arbitration.

According to the Minister of Energy of the Republic of Lithuania Arvydas Sekmokas, this positive decision once again demonstrates that the issues of "Lietuvos dujos" governance and those of the 3rd EU Energy Package implementation in the gas sector should not be resolved by arbitration, but by negotiations. The Government of Lithuania is certainly ready to continue the intensive dialogue with Gazprom. This dialogue, in which European Commission is also actively participating, is ongoing from February 2012.

Lone Star Funds Releases Notification of Dispute and Accompanying Memorandum Given to South Korean Government Outlining Basis of Dispute

Aug 5, http://www.businesswire.com/news/home/20120805005041/en/Lone-Star-Funds-Update-Dispute-South-Korean

Notification and accompanying memorandum: https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=7932

BUSINESS WIRE - Lone Star Funds ("Lone Star") today released the text of a notification and accompanying memorandum that it delivered to the government of the Republic of Korea in May 2012, regarding Lone Star's claim for damages suffered as a result of the Korean government's unlawful interference with Lone Star's rights as the majority shareholder of Korea Exchange Bank and other Korean companies acquired by Lone Star in the early 2000s.

The notice has continued to be the subject of media reports, particularly in Korea, some of which have been inaccurate or incomplete. In the interest of transparency, Lone Star is releasing the full text of the notice, which details the government's illegal actions and the associated violations of Lone Star's rights under the investment protection treaty between Belgium and Korea.

The government's actions summarized in the notice resulted in billions of Euros of damages to Lone Star's investors, which mainly include pension funds for thousands of government and corporate employees and retirees, as well as endowments that support medical research, higher education and other philanthropic causes. If the dispute is not resolved amicably within six months of when notice was given, Lone Star will submit the dispute for arbitration by an international tribunal under the investment protection treaty.

Maitland acquires Mauritian management company

Jul 30, http://www.itinews.co.za/companyview.aspx?cocategoryid=61&companyid=22312&itemid=8DBEF842-1205-4863-9F52-F2DA0B0D66EB

Mauritius' favourable tax regime and wide international double tax and bilateral investment treaty network makes it a sought after jurisdiction for the establishment of international holding companies and trusts for international corporations and individuals.

It is also a suitable jurisdiction for the establishment of investment funds.

Commenting on the acquisition, Maitland CEO Steve Georgala said: "This is in line with Maitland's strategy to expand into jurisdictions offering sophisticated international tax planning opportunities."

Malawi says will not halt oil search in disputed lake

Aug 13, http://www.newsday.co.zw/article/2012-08-13-malawi-says-will-not-halt-oil-search-in-disputed-lake/

Reuters - Malawi will press ahead with oil and gas exploration in Lake Malawi despite demands by Tanzania to halt such activities until a border dispute is resolved, Foreign Affairs Minister Ephraim Chiume said on Monday.

Malaysia: Sarku starts proceedings against ONGC

Sep 24, http://www.btimes.com.my/Current_News/BTIMES/articles/20120922000014/Article/

SapuraKencana Petroleum Bhd says its unit Sarku Engineering Services Sdn Bhd has started arbitration proceedings against India's Oil and Natural Gas Corporation Ltd (ONGC) following a dispute over a contract to revamp 26 well platforms.

From the quarterly report:

A demand was made by Sarku Engineering Services Sdn Bhd ("SESSB"), a wholly-owned subsidiary of the Company, on 4 April 2012 against Oil & Natural Gas Corporation Ltd ("ONGC") in connection with the claims for the performance of works by SESSB to revamp 26 well platforms located in Mumbai High South field offshore pursuant to a contract entered between SESSB and ONGC on 20 February 2006 ("Contract") for a sum of INR977,569,460.70 (approximately RM58.26 million converted at an exchange rate of INR1:RM0.0596) and USD123,855,262.86 (approximately RM379.61 million converted at an exchange rate of USD1:RM3.065) including interest, costs, losses and damages. Under the Contract, SESSB can elect to refer the disputes and seek to recover its claims by way of arbitration. SESSB has been advised by its solicitors that SESSB has a reasonable basis for its claims. SESSB has sent its Notice of Arbitration on 28 May 2012. SESSB had, on 21 September 2012, commenced Arbitration Proceedings by filling a Statement of Claim against ONGC in relation to disputes pursuant to the Contract.

Saved as disclosed above, there was no material litigation that may, upon materialisation, have a material effect on the Group's financial results or position.

http://announcements.bursamalaysia.com/EDMS/edmsweb.nsf/all/37EA97A9ABEB3AB148257A8300353234/$File/SKPB%20Q2%2031%20July%202012.pdf

Maldives: Attorney General asks for Supreme Court to decide jurisdiction on GMR

Sep 18, http://minivannews.com/politics/attorney-general-asks-for-supreme-court-to-decide-jurisdiction-on-gmr-2-43970

However, she also expressed her confidence that government would be successful in the arbitration case regarding the Airport Development Charge, which was file by GMR in Singapore. "We can win the case at the Singapore Arbitration even by biding our time. It is quite certain," she told Haveeru.

Maldives: GMR takes USD27 issue to Singapore's Arbitration Court

Aug 06, http://www.haveeru.com.mv/news/43823

GMR has filed a case against the Maldivian government and Maldives Airports Company Limited (MACL) at Singapore's Arbitration Court following government orders that the company cannot deduct USD27 as Airport Development Charge (ADC) and Insurance Fee from passengers.

Mexico: Excellon Resources Declares Force Majeure at La Platosa

Aug 8, http://www.sedarpush.com/extractfile.aspx?fn=/pdfdocs/00003353_1015013694_4E00003353.pdf

Excellon Resources Inc. today announced that it has declared force majeure in respect of its concentrate delivery contracts with Consorcio Minero De Mexico Cormin Mex, S.A. DE C.V. ("Trafigura"), located in Manzanillo, Mexico, due to the ongoing illegal blockade at the Company's La Platosa mine in the state of Durango, Mexico. The blockade was commenced by the Ejido de La Sierrita (the "Ejido") on July 8, 2012, with the assistance and funding of the non-governmental organization ProDESC and Sindicato Nacional de Trabajadores Mineros Metalúrgicos, Siderúrgicos y Similares de la República Mexicana, affiliated with the United Steelworkers Union of Canada.

Criminal charges for trespassing were laid more than four weeks ago, immediately following the commencement of the blockade. On the evening of Monday, August 6, 2012 the Company notified the Mexican federal government that it would be imminently required to declare force majeure unless the illegal blockade was removed. Despite that notice and the evident urgency of the situation, no actions were taken by authorities to prosecute the outstanding criminal charges and uphold the law.

The Company continues to meet regularly with local, state and federal governments in Mexico in an effort to resolve the situation. La Platosa remains under care and maintenance during the illegal action.

Michael J. Economides: Argentina's Re-Nationalization of the Energy Industry and What it Means

Sep 19, http://www.energytribune.com/articles.cfm/11700/Argentinas-Re-Nationalization-of--the-Energy-Industry-and-What-it-Means

Argentina could be one of the world's richest new energy frontiers, both in terms of natural gas and oil. It has vast amount of shale reserves - second only to the U.S. and China. However, years of unfavorable terms for producers and low energy prices for consumers have made Argentina a net oil importer in 2011.

Mongolia: International Arbitration Tribunal Rules in favour of Khan on Jurisdiction

Jul 26, http://www.khanresources.com/investors/news/120726.pdf

Khan Resources Inc. is pleased to announce that the Tribunal hearing the Company's $200 million international arbitration action against the Government of Mongolia has ruled entirely in Khan's favour on matters of jurisdiction and has dismissed all of Mongolia's objections to the continuance of the suit. The action will now progress to the phase in which the panel will rule as to the merits of the arbitral claims and the amount of damages suffered by Khan arising from the Mongolian Government's expropriatory and unlawful treatment of Khan in relation to the Dornod uranium deposit located in northeastern Mongolia. Khan initiated the international arbitration suit in January, 2011.

Mr. Grant Edey, President and Chief Executive Officer of Khan, commented "We are pleased that the Tribunal has validated Khan's initiatives to achieve recourse to damages suffered by our shareholders. Our treasury is well-funded and we will continue to vigorously pursue this action to its logical end to receive value for our investments in Mongolia."

Khan will immediately commence preparatory activities for the upcoming merits/damages phase of the proceedings.

Montenegro Accedes to the Convention on the Limitation Period in the International Sale of Goods, as amended

Aug 10, http://www.unis.unvienna.org/unis/pressrels/2012/unisl173.html

UN Information Service - Montenegro has deposited its instrument of accession to the Convention on the Limitation Period in the International Sale of Goods, as amended by the Protocol of 11 April 1980. The Convention, as amended, will enter into force for Montenegro on 1 March 2013.

Adopted by a diplomatic conference on 12 June 1974, the Convention establishes uniform rules governing the period of time within which legal proceedings arising from an international sales contract must be commenced. The Convention was amended by a Protocol adopted in 1980 to harmonize it with the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Montenegro becomes the 22nd State party to the Convention, as amended.

Montenegro Accedes to the Convention on the Limitation Period in the International Sale of Goods, as amended

Aug 10, http://www.unis.unvienna.org/unis/pressrels/2012/unisl173.html

UN Information Service - Montenegro has deposited its instrument of accession to the Convention on the Limitation Period in the International Sale of Goods, as amended by the Protocol of 11 April 1980. The Convention, as amended, will enter into force for Montenegro on 1 March 2013.

Adopted by a diplomatic conference on 12 June 1974, the Convention establishes uniform rules governing the period of time within which legal proceedings arising from an international sales contract must be commenced. The Convention was amended by a Protocol adopted in 1980 to harmonize it with the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Montenegro becomes the 22nd State party to the Convention, as amended.

Myanmar minister says foreign investment law ready soon

Sep 12, http://www.chicagotribune.com/news/sns-rt-us-myanmar-investmentbre88b06t-20120911,0,1516571.story

Reuters - A new foreign investment law should be promulgated in Myanmar soon, a senior minister said on Wednesday, after lawmakers compromised on certain proposals that were opposed by President Thein Sein who is keen to attract foreign companies.

Myanmar signals possibility of making investment in mining with transparency

Jul 25, http://www.globaltimes.cn/content/723186.shtml

Myanmar has signaled that foreign investment could be made in mining sector with transparency, accountability and security as new Myanmar Investment Law will be promulgated soon for application by investors from the international community, official media reported Wednesday.

Myanmar's foreign investment law under hot discussions in parliament

Aug 08, http://www.globaltimes.cn/content/725847.shtml

Myanmar's new foreign investment law was under hot discussion in the ongoing session of the parliamentary House of Representatives (Lower House) in Nay Pyi Taw Tuesday, involving the House's committee, commission, entrepreneurs and scholars, official media reported Wednesday.

Myanmar: 'Help us build a new Myanmar'

Sep 17, http://www.mmtimes.com/index.php/national-news/1473-help-us-build-a-new-myanmar.html

The head of the investment commission has encouraged representatives from hundreds of foreign firms to invest and help build "a new Myanmar", amid continued uncertainty over planned amendments to the foreign investment law.

"We need your assistance and support," Myanmar Investment Commission chairman U Soe Thein told 800 Myanmar and foreign delegates at the Myanmar Global Investment Forum in Nay Pyi Taw on September 12.

Myanmar: Amended FDI bill to be approved this month

Aug 13, http://www.mmtimes.com/2012/news/639/news63918.html

A NEW draft of the Foreign Investment Law that gives greater protection to small and medium enterprises will be approved by parliament later this month, a prominent Pyithu Hluttaw representative told The Myanmar Times last week.

Myanmar: Amended FDI bill to be approved this month

Aug 13, http://www.mmtimes.com/2012/news/639/news63918.html

A NEW draft of the Foreign Investment Law that gives greater protection to small and medium enterprises will be approved by parliament later this month, a prominent Pyithu Hluttaw representative told The Myanmar Times last week.

Myanmar: Burma's Foreign Investment Law goes back to Parliament

Sep 20, http://www.mizzima.com/business/8060-burmas-foreign-investment-law-goes-back-to-parliament.html

Burma's President Thein Sein has decided to send back the Foreign Investment Law approved by the Parliament for recommended revisions, sources close to the president said this week.

Myanmar: Economists Warn Burma Against Breaks For Foreign Investors

Aug 22, http://www.voanews.com/content/Burma-investment-law/1492085.html

Sean Turnell, an economist with Australia's Macquarie University, told the Foreign Correspondents Club of Thailand the draft foreign investment law was now facing a local backlash.

"There's been a bit of a push back against some of the concessions granted to foreign investors," said Turnell. "In particular, there seems to be a walling off of some of the sectors from foreign investors. Now, that's a bit unfortunate because in a sense a much more open approach, particularly in sectors that are dominated by local conglomerates that you know dominate the economy, we really need an injection of competition on that front."

Myanmar: Foreign Investment May Be Restricted Under New Laws

Aug 16, http://www.eurasiareview.com/16082012-burma-foreign-investment-may-be-restricted-under-new-laws/

Experts have labelled the government's move to limit foreign investment in certain sectors as "retrograde" and fear protectionist economic policies, aimed at sheltering domestic markets, could inhibit the impoverished country's future socioeconomic growth.

Myanmar: Hluttaw approves investment law

Sep 10, http://www.mmtimes.com/index.php/home-national-news/136-national-news.html

Myanmar's combined houses of parliament passed hotly debated amendments to the foreign investment law on September 7, leaving President U Thein Sein with the final decision on whether to enact the changes immediately or return them with comments to the hluttaw.

Nam mining magnate sues Polish State N$30 billion in damages [at SCC]

Aug 03, http://www.confidente.com.na/2012/08/02/nam-mining-magnate-sues-polish-state-n30-billion-in-damages/

Shareholders of Polish Steel Company Huta Pokoj with accumulated shareholding of 62% represented by Namibian based mining magnate Boris Bannai has filed a claim with the Arbitration Institute of the Stockholm Chamber of Commerce pursuant to the provisions of an Investment Treaty between Poland and Cyprus. The shareholders, who are Cypriot companies, seek damages in respect of the loss they have suffered as a result of the expropriation of their shareholding by the Polish authorities. The shareholders UK lawyer, Irene Dallas of Dallas and Co Solicitors confirmed the latest development this week.

Netherlands: GasTerra wins gas price arbitration against Italy's ENI

Sep 20, http://af.reuters.com/article/energyOilNews/idAFI6E8JM02C20120920

Reuters - Dutch gas-trading firm GasTerra said on Thursday it had won a gas pricing dispute in arbitration against Italian oil and gas group Eni, generating a windfall in backpayments for supplies dating back to 2005.

New Zealand: Next steps in tobacco control

Jul 23, http://www.health.govt.nz/news-media/news-items/next-steps-tobacco-control

With tobacco products disappearing out of sight in retail outlets the focus of smokefree initiatives now shifts to a consultation process around the introduction of plain packaging for tobacco, the single biggest cause of preventable death and disease.

From July 23 retailers will have to ensure that tobacco products are not visible to the public, either from the inside or the outside of a premise. A fine of up to $10,000 exists for breaching the new law.

Removing tobacco from public view is an important step to prevent the promotion of tobacco products and close a gap in the otherwise comprehensive ban on tobacco advertising.

The Government is also considering other steps to stop the promotion of tobacco products including the introduction of plain packaging. Australia has already decided to introduce plain packaging from December this year which will remove tobacco company branding and replace it with larger hard-hitting images featuring the tragic consequences of smoking.

Proposal to introduce plain packaging of tobacco products in New Zealand http://www.health.govt.nz/publication/proposal-introduce-plain-packaging-tobacco-products-new-zealand

New Zealand: Plain packaging: This time it's serious

Sep 13, http://www.nzherald.co.nz/geoff-cumming/news/article.cfm?a_id=88&objectid=10830913&ref=rss

The global tobacco industry - which barely flinched when New Zealand banned smoking in pubs and hiked cigarette prices - is fighting back furiously against plain packaging. Geoff Cumming examines why.

Next Chinese gold target - Venezuela`s huge Las Cristinas project

Sep 24, http://www.mineweb.com/mineweb/view/mineweb/en/page34?oid=159038&sn=Detail&pid=102055

China has entered into a number of resource related deals with the Venezuelan government, key among which is for Citic to develop the massive and frequently disputed, Las Cristinas gold mine.

Norway's Kvaerner to quit offshore wind business

Aug 17, http://www.rechargenews.com/energy/wind/article319909.ece

Norway's Kvaerner has revealed that it will walk away from the offshore wind business after finishing work on the jackets destined for the Nordsee Ost project, as its contractual dispute with RWE rumbles on.

...

However, she acknowledges that Kvaerner's views on offshore wind have not been brightened by its ongoing disagreement with German utility RWE over who should shoulder the burden of cost overruns at Nordsee Ost. The matter is presently in arbitration.

Oman to have own arbitration centre

Sep 04, http://main.omanobserver.om/node/108383

Oman to have its own arbitration centre on the lines of some GCC and other developed countries that will pave way for easy and early settlement of commercial disputes. The Sultanate is working out its modalities and the final outcome is likely to come by the beginning of 2013.

Oman's Al Anwar begins proceedings against Addax Bank

Sep 24, http://www.cpifinancial.net/news/post/15825/omans-al-anwar-begins-proceedings-against-addax-bank

Al Anwar Holding has initiated a commercial claim at the GCC Arbitration Centre, Bahrain, against Addax Bank for recovery of the amount invested in its shares.

Pakistan: Arbitration in Reko Diq case withheld after objections by Pakistan

Jul 27, http://www.thenews.com.pk/Todays-News-2-123026-Arbitration-in-Reko-Diq-case-withheld--after-objections-by-Pakistan

To the frustration of Tethyan Copper Company (TCC), which had invoked the ICSID Arbitration along with ICC Arbitration when the mining lease for the Reko Diq area was refused, the delay is not favouring their cause as the arbitration has been stalled due to the recent objections filed by the Pakistan's legal team on the appointment of Mr. John Beechey - one of the co-arbitrators in this case.

Pakistan: Arbitration proceedings on Reko Diq blocked

Jul 28, http://dawn.com/2012/07/28/arbitration-proceedings-on-reko-diq-blocked/

ISLAMABAD: Pakistan has been able to temporarily block proceedings of the International Court of Arbitration, continuing under the aegis of the International Chamber of Commerce and dealing with the Reko Diq dispute over mining lease in Balochistan, when its objections forced a member of the ICC tribunal to resign for being too close to Antofagasta Canada, one of the leading mining firms in the world.

Pakistan: BoI steps towards Pak-US investment treaty despite concerns

Aug 31, http://www.dailytimes.com.pk/default.asp?page=2012%5C08%5C31%5Cstory_31-8-2012_pg7_16

- Mandviwala to welcome US investment in nuclear power plant, defence - Says final draft will be sent to prime minister for approval

Pakistan: LCCI needs a referee - The LCCI Dispute Resolution Centre

Aug 17, http://www.pakistantoday.com.pk/2012/08/17/news/profit/lcci-needs-a-referee/

LAHORE - Lahore Chamber of Commerce and Industry (LCCI) Thursday became the first chamber in the SAARC region having an International Mediation Centre by the name of LCCI Dispute Resolution Centre in collaboration with International Finance Corporation (IFC), a member of World Bank Group.

The LCCI Dispute Resolution Centre, first of its kind in the private sector, was jointly inaugurated by the LCCI President Irfan Qaiser Sheikh and Mr Magdi M Amin, IFC Manager Investment Climate Advisory for Middle East and North Africa. Saima Zuberi and Isfandyar Ali Khan of IFC were also present. LCCI Vice President Saeeda Nazar, former Presidents Mian Mohammad Ashraf, Iftikhar Ali Malik, Anjum Nisar, former Senior Vice President Sohail Lashari, former Vice President Shafqat Saeed Piracha and Executive Committee member Fahimur Rehman Saigol also spoke on the occasion.

Pakistan: New LNG project: Planning Commission fearful Dutch firm may sue Pakistan

Aug 20, http://tribune.com.pk/story/423593/new-lng-project-planning-commission-fearful-dutch-firm-may-sue-pakistan/

The Planning Commission and Ministry of Finance have expressed fears that Dutch firm 4Gas, who won the Mashal LNG import project, may take Pakistan to the international court of arbitration should the government start new short and long-term LNG import ventures.

Pakistan: Reko Diq case - Centre refuses to pay Rs450m fee for legal experts

Aug 03, http://tribune.com.pk/story/416789/reko-diq-case-centre-refuses-to-pay-rs450m-fee-for-legal-experts/

The federal government has distanced itself from the multi-billion-dollar Reko Diq gold and copper mining saga by refusing to pay Balochistan the Rs450 million it needs to pay legal experts to fight the international arbitration case filed by Tethyan Copper Company.

Pakistan: Tethyan saga continues: Balochistan asks Centre to stay away from Reko Diq project

Sep 12, http://tribune.com.pk/story/435004/tethyan-saga-continues-balochistan-asks-centre-to-stay-away-from-reko-diq-project/

ISLAMABAD: Balochistan has told the central government that it should stay away from striking a settlement deal with the Tethyan Copper Company (TCC) over the multi-billion-dollar Reko Diq gold and copper mining project, saying the province has full rights over the project.

Pakistan: Washington seeks more time for finalising NCM draft: Signing of BIT between Pakistan, US deferred

Sep 20, http://www.brecorder.com/top-news/108-pakistan-top-news/80664-washington-seeks-more-time-for-finalising-ncm-draft-signing-of-bit-between-pakistan-us-deferred-.html

ISLAMABAD: The bilateral investment treaty (BIT) between Pakistan and US, scheduled to be signed this month, has been deferred, as both sides have yet to agree on some Non-Conforming Measures (NCMs).

Peru Gas Co To Seek Arbitration In Export Royalty Dispute

Jul 27, http://www.foxbusiness.com/news/2012/07/26/peru-gas-co-to-seek-arbitration-in-export-royalty-dispute/

A consortium that operates the Camisea natural gas fields in southern Peru says it has chosen arbitration to resolve a dispute with the government over the payment of royalties on exports from Block 56.

Peru May Rescind Camisea Contract on Insufficient Royalties

Jul 26, http://washpost.bloomberg.com/Story?docId=1376-M7Q95A6S973901-4RBFO08KQ89LLM1S8JM953QJSH

Peru may rescind a contract with a group led by Hunt Oil Co. for failing to pay sufficient royalties on natural-gas shipments from the country's largest fields, a government official said.

The six-company group, which operates the Camisea project, exported 10 shipments of gas from its Block 56 to third parties without notifying Peru, said Aurelio Ochoa, president of state oil-contracting agency Perupetro. The Camisea group, which includes Spain's Repsol SA and Pluspetrol SA of Argentina, said it will seek arbitration.

Petrotrin gets US$10 m from refinery arbitration

Aug 04, http://www.guardian.co.tt/business/2012-08-04/petrotrin-gets-us10-m-refinery-arbitration

Petrotrin is claiming a significant victory at the International Chamber of Commerce (ICC) International Court of Arbitration in a battle against Fluor Daniel, South America Limited (Fluor), to the tune of approximately US$10 million.

Philippines gets 4 bids for disputed S.China Sea oil, gas blocks

Aug 02, http://www.moneycontrol.com/news/wire-news/philippines-gets-4-bids-for-disputed-schina-sea-oil-gas-blocks_737922.html

Reuters - The Philippines accepted on Tuesday four bids for three oil and gas exploration blocks in the South China Sea, including two prospects in waters claimed by China, a weak turnout for the last phase of the country's biggest petroleum exploration tender.

Philippines: BCDA Open To CJHDevco Arbitration

Sep 13, http://www.mb.com.ph/articles/371590/bcda-open-to-cjhdevco-arbitration

State-owned Bases Conversion Development Authority (BCDA) may submit to arbitration proceedings against the Sobrepena-led Camp John Hay Development Corp. (CJHDevco). This developed after CJHDevco posted last week R736 million bond which would (theoretically) compel BCDA to arbitrate. CJHDevco had filed a pending petition before the Baguio Regional Trial Court for arbitration.

Poland wants European market price for Russian gas imports: minister

Sep 12, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/NaturalGas/8716076

Poland wants to reduce the price it pays for natural gas imports from Russia's Gazprom to bring it in line with market prices, Treasury Minister Mikolaj Budzanowski said Wednesday.

Qatar: Edison reports positive conclusion of the arbitration with Rasgas for the review of the price of the LNG contract

Sep 11, http://www.edison.it/it/investor-relations/comunicati-e-avvisi/news/2012-09-11-edison-concluso-positivamente-larbitrato-per-la-revisione-del-prezzo-del-contratto-lng-con-rasgas.shtml

Estimated positive impact on 2012 Edison's result of 450 million euros on EBITDA

Milan, September 11, 2012 - As of today the Court of Arbitration of the ICC - International Chamber of Commerce - has notified to Edison the award related to the dispute between Edison and Rasgas for the revision of the price of LNG (liquid natural gas) supplied under the long term contract from Qatar.

The Court decision has accepted the merits of Edison's positions. The overall impact on 2012 accounts of Edison is estimated in 450 million euros on EBITDA.

The arbitration with Rasgas started in March 2011 within the renegotiation process of Edison's long term procurement gas contracts. Currently are pending the arbitrations for the Libyan and Algerian gas contracts.

Qatar: RasGas resilient to ICC Arbitration Outcome

Sep 19, http://www.reuters.com/article/2012/09/19/idUSWLA345820120919

Fitch Ratings believes that the recent outcome of arbitration proceedings between Ras Laffan Liquefied Natural Gas Company Limited (II) and Ras Laffan Liquefied Natural Gas Company Limited (3) (together, RasGas) and Edison Spa ('BB'/Positive) will not have a material negative effect on the credit quality of RasGas' bonds.

Report: Ukraine. Arbitration-friendly jurisdiction: statistical report, 2011-2012. Pilkov, Konstantin. Kyiv: Cai & Lenard, 2012

Sep 18, http://inve-trade.eu/itf-research.html?lang=en&lastid=251

This statistical report is based on the study of the practice of Ukrainian courts related to recognition of arbitration agreements and recognition and enforcement of arbitral awards. The study covers 2011 and the first half of 2012.

Rusian: Bear won't stray far from [London] bar

Aug 13, http://www.thelawyer.com/bear-wont-stray-far-from-bar/1013792.article

East Europeans will continue to seek justice in London despite Russian call for 'forum shopping' clampdown, say David Allen and Philippa Charles, London litigation and dispute resolution partners, Mayer Brown

Russia says it will not allow Sistema Investment in India to go waste

Jul 23, http://www.telecomtiger.com/PolicyNRegulation_fullstory.aspx?passfrom=breakingnews&storyid=15060§ion=S174

Russia has said that it will not let USD 3.1 billion Sistema invested in its Indian telecom venture go waste due to "internal problems" in India. Referring to regulatory uncertainties following Supreme Court's February 2 verdict canceling 122 spectrum licences allotted during the former telecom Minister A Raja in 2008, Russian Ambassador to India Alexander M Kadakin has said that the Russian Government will never allow USD 3.1 billion just be "thrown into abyss"

Russia tries to dissuade Iran from going to court over S-300 deal

Jul 23, http://presstv.com/detail/2012/07/21/252048/court-not-best-solution-to-s300-dispute/

"It is of course the sovereign right of any state to forward legal claims in an arbitration court. We have thought, and still think, this is not the best method which could resolve this situation," Russia Foreign Ministry spokesman Alexander Lukashevich said.

Russia Watchdog May Work Out Amicable Agreement with Telenor - Report

Aug 13, http://www.foxbusiness.com/technology/2012/08/13/russia-watchdog-may-work-out-amicable-agreement-with-telenor-report/

Russia's Federal Antimonopoly Service and a government commission on foreign investment have worked out a possible amicable agreement to a dispute with Telenor (TEL.OS), the biggest shareholder in VimpelCom Ltd. (VIP), Russian business dailies Kommersant and Vedomosti report Friday and Monday, citing sources close to the dispute.

Russia Watchdog May Work Out Amicable Agreement with Telenor - Report

Aug 13, http://www.foxbusiness.com/technology/2012/08/13/russia-watchdog-may-work-out-amicable-agreement-with-telenor-report/

Russia's Federal Antimonopoly Service and a government commission on foreign investment have worked out a possible amicable agreement to a dispute with Telenor (TEL.OS), the biggest shareholder in VimpelCom Ltd. (VIP), Russian business dailies Kommersant and Vedomosti report Friday and Monday, citing sources close to the dispute.

Russia: Court Rejects Russian's Claim to Vatican

Aug 10, http://en.ria.ru/russia/20120809/175095807.html

Russia's Supreme Court has overturned an appeal from a Russian national who urged the country's judiciary to recognize his ownership of the Vatican, the court's spokeswoman said on Thursday.

Russia: Emfesz sale dispute reaches Moscow Commercial Court

Aug 7, http://rapsinews.com/judicial_news/20120807/264145825.html

Russian company Rosgaz is demanding that the decision of the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (ICAC) which invalidated the sale of Hungaria's gas trader Emfesz be nullified.

See also "Russia: Court upholds Firtash ownership of Hungarian gas trader" February 16th 2012 http://www.kyivpost.com/content/business/court-upholds-firtash-ownership-of-hungarian-gas-t.html

A Cyprus-company controlled by Ukrainian billionaire Dmytro Firtash is the legitimate and legal owner of what was Hungary's largest independent gas distributor, according to a ruling made this week by Hungary's Supreme Court. Through the Feb. 13 ruling announced in a statement by Firtash's Group DF holding company, the businessman regained control over Hungarian gas trader Emfesz. The decision is a major victory for Firtash, who years ago lost control over the once-lucrative trader.

Russia: Eurotoaz Limited Will Continue to Defend its Rights in a Dispute With Togliattiazot OJSC

Jul 23, http://www.sacbee.com/2012/07/23/4650761/eurotoaz-limited-will-continue.html

On 17 July, 2012 the Presidium of the Supreme Arbitration Court of the Russian Federation reviewed case number A55-11353/2010 of Arbitration Court of the Samara region "EUROTOAZ LIMITED (Ireland) against Togliattiazot and others". A decision was passed to cancel the previous decision of the Federal Arbitration Court of the Volga Region dated 26.01.2012 on case number A55-11353/2010 of Arbitration Court of the Samara region, which upheld the claim of Eurotoaz Limited and required Togiattiazot and its Registrar, JSC "VTB Registrar" to correct the error in the registry and to enter Eurotoaz Limited into the registry. The Presidium of the Supreme Arbitration Court of the Russian Federation decided not to overturn the decision of the Eleventh Arbitration Court dated 03.11.2011, which dismissed the appeal of Eurotoaz Limited.

Russia: Supreme Court Chairman justifies removal of defamation provisions

Jul 18, http://rapsinews.com/legislation_news/20120718/263830694.html

- Legislators restore 'defamation' article in Criminal Code; - Maximum fine for libel to reach $153,000; - Libel is not cause for imprisonment says State Duma; - Bill restoring criminal punishment for libel submitted to parliament.

Russian Court Rules Against BP in TNK-BP Lawsuit - BP Lawyer

Jul 30, http://english.capital.gr/News.asp?id=1571690

The Tyumen arbitration court in Russia Friday ordered BP PLC to pay 100.364 billion rubles ($3.1 billion) to TNK-BP, a lawyer for the British oil company said.

Senegal: Millicom reports settlement of license dispute in Senegal

Aug 29, http://www.millicom.com/common/download/download.cfm?companyid=MICC&fileid=594129&filekey=2ad102d1-7640-479e-a0f5-2f36a21af2c5&filename=Settlement_of_license_dispute_in_Senegal_FINAL.pdf

Millicom International Cellular S.A. ("Millicom") (Stockholmsbörsen: MIC) and the government of the Republic of Senegal have reached an agreement in principle to settle amicably their dispute over the validity of Millicom's license in Senegal. This settlement is subject to the signing of final documentation between Millicom and the Republic of Senegal, as well as the publication of an amended license.

Under this agreement, the validity of Millicom's Senegal subsidiary's license will be recognised by both parties. In addition, Millicom will be granted a 3G license, an alignment of its license terms with those of the other operators (meaning that Millicom will receive licenses to offer fixed line, WiMAX and cable TV services for instance), some additional spectrum and a 10-year extension of the term of its current license until 2028. Millicom has agreed to pay USD103 million to the government of the Republic of Senegal for these additional license rights and spectrum. The USD103 million will be paid in several instalments between closing of the agreement and December 2013.

In conjunction with today's announcement, both parties are asking for a 3-month suspension of the ongoing arbitration proceedings, initiated in 2008 before the ICSID (International Centre for Settlement of Investment Disputes), in order to finalize the documentation needed for the transaction to close.

Mikael Grahne, Millicom CEO commented: "We are delighted to have reached an agreement with the newly elected government of the Republic of Senegal in a way that will be beneficial to both parties involved, as well as to the people of Senegal and our Tigo customers. An amicable settlement has always been the preferred solution for Millicom. This agreement will enable us to enrich our product offering in Senegal over the next 16 years with the addition of new services, including 3G mobile internet and mobile financial services that we are now offering successfully in Tanzania, Rwanda, Ghana and DRC. In Senegal, as in all our markets, we want Tigo to strive to offer innovative products and services that are relevant to our customers."

Singapore: Cape Lambert, MCC dispute sent to arbitration

Aug 10, http://www.wabusinessnews.com.au/article/Cape-Lambert-MCC-dispute-sent-to-arbitration

A dispute between Cape Lambert Resources and the Metallurgical Corporation of China over an $80 million payment stemming from the 2008 sale of a magnetite project near Karratha has been referred to arbitration in Singapore.

Slovak PM says to buy or expropriate private health firms

Jul 31, http://www.reuters.com/article/2012/07/25/us-slovakia-healthcare-idUSBRE86O0ZN20120725

Reuters - Slovakia unveiled plans on Wednesday to buy out or expropriate its two private health insurers, judging that reinstating a unified state-run insurer would save the government cash that now goes into insurers' and other private sector pockets.

A forced buyout would be an unprecedented move in the euro zone country's history and Prime Minister Robert Fico said the move would be very carefully carried out to avoid trouble in court as he expected investors to fight his plan.

South Africa cancel investment protection agreements with the EU, locks horns with European Union

Sep 25, http://www.bdlive.co.za/businesstimes/2012/09/23/south-africa-european-union-lock-horns

European Union officials and business leaders are "disappointed" and "very concerned" about South Africa's decision to cancel investment protection agreements with the EU, the source of more than 80% of foreign direct investment in South Africa.

South Africa: URU Metals Limited: Arbitration of the Zebediela Project [pdf]

Aug 06, http://ww7.investorrelations.co.uk/niger/uploads/press/URUMetalsArbitrationProceedings060812.pdf

URU Metals Limited, (AIM:URU), the base metals and uranium explorer and development company announces that it has been notified by Southern Africa Nickel ("SAN"), a private South African Company and Umnex Mineral Holdings ("Umnex"), a South African Black Economic Empowerment ("BEE") Group, which is part of the Umbono Capital Group, its joint venture partners in the Zebediela Nickel Project, that they are serving a formal notice of arbitration against each other.

The dispute, in which both partners are citing a lack of performance in achieving deliverables under the SAN-Umnex joint venture agreement, is strictly between SAN and Umnex Mineral Holdings. URU is not a direct party to the dispute.

URU's interest in the Zebediela project has been vested through an agreement signed between SAN and URU (that pre-dates the SAN-Umnex agreement which is the subject of this dispute) under which URU would have first refusal over African nickel projects identified by SAN.

Over the past couple of weeks, URU's management has been actively talking with both SAN and Umnex to resolve the disputed issues, and to work towards a solution that is acceptable and equitable to all parties. Even though arbitration is proceeding, URU will continue to work with both parties to resolve the dispute and to move forward with the project's development as originally planned.

Should the arbitrator rule that Umnex is able to terminate the SAN-Umnex agreement due to non-compliance, Umnex may have the option to purchase 100% of the Zebediela project from SAN in exchange for cash equivalent to the entire expenditures incurred to date by URU and SAN. In that event, URU would recover all of the cash invested in the Zebediela project to date.

If the arbitrator rules in SAN's favour, the project will continue to be developed under the original agreement.

URU cannot provide guidance at this time as to when the arbitration proceedings will commence, and the timeframe under which one could expect a decision by the arbitrators.

The arbitration proceedings will certainly have an impact on the timelines for the completion of the Pre-Feasibility Study, as outlined in the Zebediela Preliminary Economic Assessment announced on 7 June 2012.

URU has retained legal council to guide and protect the Company's interest in the Zebediela project and will update the market in due course once further details of the arbitration proceedings become available.

Spain: Companies agree on Spanish uranium projects

Jul 25, http://www.world-nuclear-news.org/C-Companies_agree_on_Spanish_uranium_projects-2407127.html

Disputes over a venture to revive uranium mining in Spain have been resolved with an agreement that sees Berkeley Resources waive its rights to mine in reserves where Enusa has already begun rehabilitation. In exchange, Berkeley will hold full exploitation rights in other reserves.

Spanish firm says Dominican gov't seized assets

Aug 20, http://latino.foxnews.com/latino/news/2012/08/18/spanish-firm-says-dominican-govt-seized-assets/

Concesionaria Dominicana de Autopistas y Carreteras, or Codaxa, which also has U.S. and Dominican shareholders, accuses the Caribbean country's "recent governments" of "systematically" failing to comply with the terms of a 2001 concession contract for the construction, maintenance and operation of the San Pedro de Macoris-La Romana highway.

Sri Lanka: $ 200 m axe hangs on CPC

Jul 30, http://www.ft.lk/2012/07/30/200-m-axe-hangs-on-cpc/

The latest ruling by the London Appeal Court over the controversial oil hedging deal of CPC has placed a US$ 200 million axe on the Government, drawing the wrath of the main Opposition UNP (see boxed story), with some analysts toying with the idea of an out-of-court settlement as well.

- CPC can appeal to UK Supreme Court; - London Appeal court ruling on CPC hedging case goes in favour of Standard Chartered Bank; - Analysts say compensation and interest to be nearly $ 200 m; Ruling could have an influence on pending Deutsche Bank arbitration case; - Given local cases some analysts toy with idea of out-of-court settlement.

Sri Lanka: CPC to further appeal UK oil hedging verdict

Jul 30, http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=57921

The Ceylon Petroleum Corporation (CPC) will appeal against the determination of the British Appeal Court relating to a USD 164 million claim made by the Standard Chartered Bank (SCB) over the oil hedging transactions between the two organizations, CPC Managing Director Susantha de Silva said yesterday.

"The CPC (is) currently in the process of appealing against the judgment of the Court of Appeal to the Supreme Court,'' he said in a news release.

State of Guatemala vs Teco Energy Litigation

Aug 22, http://www.s21.com.gt/pulso/2012/08/22/pgn-teco-energy-otro-caso-favor-pais

The Attorney General's Office (PGN), Larry Robles, "noted that the previous ruling set a precedent and was taken into account in the final decision of the other claims", reported Siglo21.com.gt.

(via http://en.centralamericadata.com)

Swaziland: A year's free airtime for ONE users

Aug 16, http://www.times.co.sz/News/78705.html

Free airtime for up to a year plus a free fixedfone handset will be given to everyone who owns a ONE mobile phone. Alternatively, a customer who does not want a fixedfone handset has the option of choosing a new component known as an Ultimate Home Device, which acts both as a voice and data gadget. The new gadget allows a customer to make a call and also access internet.. This offer has been made by the Swaziland Posts and Telecommunications Corporation (SPTC) to its customers following the ruling by the International Court of Arbitration (ICA) and International Chamber of Commerce (ICC) that the ONE mobile component should be switched off.

Swaziland: MTN, SPTC dispute not over

Aug 13, http://www.times.co.sz/News/78563.html

MBABANE - Swazi MTN and the Swaziland Posts and Telecommunications Corporation (SPTC) could be headed for yet for another collision course.

Swaziland: MTN, SPTC dispute not over

Aug 13, http://www.times.co.sz/News/78563.html

MBABANE - Swazi MTN and the Swaziland Posts and Telecommunications Corporation (SPTC) could be headed for yet for another collision course.

Tanesco faces `devil's choice` in Sh105bn legal battle

Sep 24, http://www.ippmedia.com/frontend/index.php?l=46079

THE State-owned utility firm, Tanzania Electric Supply Company (Tanesco) now faces a bit of the devil's choice: either pay up the USD 65.8 million (Sh105.28 billion) Messrs Dowans SA and Dowans Tanzania Limited, or risk losing its landed property, if it can't raise the fine, the Guardian can report.

Tanzania asks Malawi to halt oil search in disputed lake

Jul 30, http://www.reuters.com/article/2012/07/30/tanzania-oil-malawi-idUSL6E8IUE5D20120730

Reuters - Malawi has awarded exploration license to Surestream; Tanzania says any find could escalate the dispute.

Tanzania: Tanesco loses again in the Dowans saga

Sep 06, http://thecitizen.co.tz/component/content/article/37-tanzania-top-news-story/25539-tanesco-loses-again-in-the-dowans-saga.html

Properties of the Tanzania Electric Supply Company (Tanesco) including buildings, cars and bank accounts are now at risk of being seized after attempts to block an order to pay $65.8 (about Sh102 billion) to Dowans over breach of contract failed.

Ternium, Amazonia sue Venezuela at ICSID

Aug 09, http://www.eluniversal.com/economia/120807/ternium-amazonia-sue-venezuela-at-icsid

Since 2009 the two companies have been negotiating with the Venezuelan Government the compensation payment arising from the seizure of companies Materiales Siderúrgicos (Matesi, currently named Briquetera de Venezuela) and Tubos de Acero de Venezuela (Tavsa).

Thailand: CAT to take network dispute to court

Aug 17, http://www.nationmultimedia.com/business/CAT-to-take-network-dispute-to-court-30188503.html

CAT Telecom will take its dispute over network asset ownership with Total Access Communication (DTAC) before the Central Administrative Court in the next few months in an effort to bring legal finality to the issue. CAT chief executive officer Kitisak Sriprasert said on Wednesday that the state agency would withdraw the current case involving 700 DTAC cellular base stations from the arbitration panel, and then forward it to the court. The CAT board has acknowledged the plan.

CAT considers that once the arbitration panel reached a decision on the dispute, one of the two parties would be likely to bring the case to court if it was dissatisfied with the outcome.

Therefore, it is better to withdraw the case from the panel, bring it before the court and get a final ruling on the matter as quickly as possible, the CEO said.

Swaziland: SPTC switches off One, Fixeddfones

Aug 09, http://www.times.co.sz/News/78481.html

The Swaziland Posts and Telecommunications Corporation (SPTC) will today begin switching off its ONE mobile service. This was disclosed in a statement issued by SPTC management yesterday afternoon. This comes three days after the confirmation of a ruling made by the International Court of Arbitration (ICA) in the longstanding battle between Swazi MTN and SPTC.

Trinidad: $150m HYATT BATTLE

Jul 30, http://www.trinidadexpress.com/news/_150m_HYATT_BATTLE-164223516.html

Hyatt Corporation, the international hotel chain and manager of the Government-owned hotel on the Port of Spain waterfront, has initiated arbitration proceedings against the Urban Development Corporation of Trinidad and Tobago (UDeCOTT) at the International Court of Arbitration in Paris, France, for "multiple breaches" in its Hotel Management Agreement.

Turkey: Toreador update on Tiway Arbitration [LCIA]

Aug 14, http://www.sec.gov/Archives/edgar/data/1528393/000110465912056952/R16.htm

...

On December 12, 2011, Tiway Oil BV ("Tiway") commenced an arbitration against the Company by submitting a formal Request for Arbitration to the London Court of International Arbitration ("the LCIA") pursuant to the SPA. An arbitrator was selected in the first quarter of 2012, but no further actions have been made. The Company believes that the underlying risk associated with this arbitration is remote as it has factual and procedural defenses against the underlying claims.

Tuscany International Drilling announces second quarter 2012 results

Aug 13, http://www.oilvoice.com/n/Tuscany_International_Drilling_announces_second_quarter_2012_results/41042e95d7e3.aspx

On June 15, 2012, HRT provided notice of early termination of a services agreement with Tuscany Perfurações Brasil Ltda. ("TPB") (a subsidiary of the Company) entered into on October 27, 2010 and a rental agreement with Tuscany Rig Leasing S.A. ("TRL") (also a subsidiary of the Company) entered into on May 11, 2011, both related to Rig 115. Subsequently, on July 23, 2012, HRT provided notice of early termination of a services agreement with TPB entered into on October 27, 2010 and a rental agreement with TRL entered into on May 11, 2011, both related to Rig 116. The subject contracts had an original term of approximately four years. HRT has claimed such early termination for cause due to breaches alleged to have been committed by the Tuscany counterparties, including unsatisfactory safety and performance rates. Tuscany strongly denies the allegations and has challenged HRT's termination, in that it failed to provide details of the alleged breaches or provide Tuscany with the required curative period to remedy any alleged breach. On August 1, 2012, Tuscany invited HRT to engage in good faith negotiations within 15 days, in an effort to reach an amicable solution in respect to the termination of the contracts. HRT accepted the proposal and the first meeting is scheduled to occur on August 14, 2012. If no settlement is reached, arbitration will be available to Tuscany pursuant to which Tuscany may seek to enforce its remedies related to early termination without cause, including: (i) a $10 million fee per rental contract (total of two) if new rental contracts for the relevant rigs are not secured within 60 days as from the respective termination dates, (ii) demobilization fees in the amount of $650,000 per rig (total of two), and (iii) DTM (Demobilization, Transportation and Mobilization) rates applicable during the required 60 day prior notice period. Both rigs are currently being moved by HRT from their last drilling locations to Manaus, Brazil and are being actively marketed to a number of oil companies.

Tuscany International Drilling might start arbitration proceedings

Aug 13, http://www.oilvoice.com/n/Tuscany_International_Drilling_announces_second_quarter_2012_results/41042e95d7e3.aspx

On June 15, 2012, HRT provided notice of early termination of a services agreement with Tuscany Perfurações Brasil Ltda. ("TPB") (a subsidiary of the Company) entered into on October 27, 2010 and a rental agreement with Tuscany Rig Leasing S.A. ("TRL") (also a subsidiary of the Company) entered into on May 11, 2011, both related to Rig 115. Subsequently, on July 23, 2012, HRT provided notice of early termination of a services agreement with TPB entered into on October 27, 2010 and a rental agreement with TRL entered into on May 11, 2011, both related to Rig 116. The subject contracts had an original term of approximately four years. HRT has claimed such early termination for cause due to breaches alleged to have been committed by the Tuscany counterparties, including unsatisfactory safety and performance rates. Tuscany strongly denies the allegations and has challenged HRT's termination, in that it failed to provide details of the alleged breaches or provide Tuscany with the required curative period to remedy any alleged breach. On August 1, 2012, Tuscany invited HRT to engage in good faith negotiations within 15 days, in an effort to reach an amicable solution in respect to the termination of the contracts. HRT accepted the proposal and the first meeting is scheduled to occur on August 14, 2012. If no settlement is reached, arbitration will be available to Tuscany pursuant to which Tuscany may seek to enforce its remedies related to early termination without cause, including: (i) a $10 million fee per rental contract (total of two) if new rental contracts for the relevant rigs are not secured within 60 days as from the respective termination dates, (ii) demobilization fees in the amount of $650,000 per rig (total of two), and (iii) DTM (Demobilization, Transportation and Mobilization) rates applicable during the required 60 day prior notice period. Both rigs are currently being moved by HRT from their last drilling locations to Manaus, Brazil and are being actively marketed to a number of oil companies.

U.S., Cambodia To Explore Possibility of Investment Treaty

Sep 03, http://cambodianconsular.wordpress.com/2012/09/03/u-s-cambodia-to-explore-possibility-of-investment-treaty/

Cambodia and the U.S have agreed to begin exploratory discussions on a potential bilateral investment treaty (BIT).

This was announced following a meeting in Siem Reap between Ambassador Mr. Ron Kirk, U.S. Trade Representative, and Cambodian Senior Minister and Minister of Commerce H.E. Cham Prasidh, who is also presiding over ministerial meetings of the Association of Southeast Asian Nations (ASEAN) this week, a U.S. Embassy's press release said yesterday.

UK: Gunnebo loses arbitration proceedings

Sep 07, http://www.gunnebo.com/uk/media/press/Pages/detailedpressfeed.aspx?u=http://feed.ne.cision.com/client/gunnebo/release/rss/rssdetail20.aspx%3freleaseid%3d695660

Gunnebo Entrance Control Limited, an English subsidiary within the Gunnebo group, has been ordered to pay compensation to a former commercial agent according to an arbitration award passed in London. The dispute has been ongoing since 2008. The negative impact on earnings due to the award, MEUR 2.5, will be accounted for during Gunnebo's third quarter.

UK: PV Crystalox Solar PLC in ICC arbitration over termination of a long-term wafer supply contract

Aug 16, http://www.pvcrystalox.com/scripts/php/rns_viewer.php?id=20299759

As previously disclosed, the Group had been negotiating compensation from a former customer for the termination of a long-term wafer supply contract. A satisfactory agreement was reached in May 2012 and this resulted in a cash settlement of approximately €90 million. This payment together with the successful implementation of our cash conservation strategy has considerably strengthened the Group's net cash position which was €122.4 million at the end of H1 2012 (31 December 2011: €22.6 million).

We have been unable to reach a satisfactory agreement with two long-term contract customers who have been amongst the industry leaders in recent years and we are seeking resolution under the jurisdiction of the International Court of Arbitration. While successful judgements in the Group's favour are anticipated there is increasing uncertainty as to whether one of these companies will have the financial resources to fully settle its claim.

Ukraine And Vanco Prykerchenska Extend Suspension Of Arbitration Proceedings At Stockholm Institute Until 2013

Sep 04, http://un.ua/eng/article/408749.html

The Cabinet of Ministers of Ukraine and the Vanco Prykerchenska company (British Virgin Islands) have agreed to extend the suspension of their arbitration proceedings at the Arbitration Institute of Stockholm Chamber of Commerce (Sweden) until December 31, 2012 (inclusive).

Ukraine's dispute with Vanco could be resolved by 2013, says Stavytsky [subscription]

Jul 25, http://www.interfax.co.uk/russia-cis-general-news-bulletins-in-english/ukraines-dispute-with-vanco-could-be-resolved-by-2013-says-stavytsky/

Interfax - An arbitration dispute between Ukraine and Vanco Prykerchenska Ltd. (the British Virgin Islands) will be resolved by the end of this year.

United Arab Emirates: Sharjah International Commercial Arbitration Centre calls for benefiting from services

Sep 05, http://www.ameinfo.com/sharjah-international-commercial-arbitration-centre-calls-310670

Sharjah International Commercial Arbitration Centre (Tahkeem) called for benefiting from services, consultations as well as regional and international relations of the Centre through events of the local business sector.

United States Complies with World Trade Organization Ruling in Aircraft Dispute

Sep 24, http://www.ustr.gov/about-us/press-office/press-releases/2012/september/US-complies-wto-ruling-aircraft

The Office of the United States Trade Representative (USTR) today submitted the attached notification to the World Trade Organization (WTO) Dispute Settlement Body detailing the United States' timely compliance with the WTO's recommendations in the large civil aircraft dispute with the European Union (EU) related to U.S. government subsidies to Boeing. The United States' deadline to comply with the rulings and recommendations in this case is today, September 23, 2012.

USTR has been working extensively over the last six months with all of the government entities affected by the March 23, 2012 ruling in this case - including NASA, the Department of Defense, the State of Washington, and the City of Wichita - to ensure full compliance with the United States' WTO obligations.

In a related dispute regarding the European Union's subsidies to Airbus, the WTO found that the EU provided more than $18 billion in subsidized financing to Airbus. In the EU's case against the United States, the WTO found $3-4 billion in subsidies to Boeing - which was mostly in the form of funding for public research. A WTO panel is currently hearing the case against the EU for its lack of compliance with the June 1, 2011 ruling.

U.S. notification of compliance: http://www.ustr.gov/webfm_send/3546

U.S. notification of compliance indexes: http://www.ustr.gov/webfm_send/3545

US: Arbitral Tribunal Issues Award in Favor of Aspen Technology in Arbitration Proceeding vs. Advanced Technology Middle East, WLL

Jul 31, http://www.aspentech.com/_threecolumnlayout.aspx?pageid=2147485680&id=15032386543

Aspen Technology, Inc., a leading provider of software and services to the process industries, announced that an Arbitral Tribunal operating under the auspices of the International Court of Arbitration of the International Chamber of Commerce had issued a partial final award in the arbitration proceeding captioned Aspen Technology, Inc. v. Advanced Technology Middle East, WLL, Case No. 16732/VRO. Among its determinations, the Tribunal concluded that AspenTech acted lawfully in terminating the reseller agreement with AspenTech Middle East (now known as Advanced Technology Middle East, WLL) ("ATME"). As a result, AspenTech is not obligated to pay to ATME the termination fee specified by the reseller agreement or any other fee or damages. In addition, the Tribunal concluded that ATME is liable to pay AspenTech damages of approximately $20 million, including interest, and approximately $5 million in costs. The award is final and binding, although the Tribunal has reserved certain other residual claims by AspenTech against ATME for subsequent determination by the same Tribunal if required.

Mark Fusco, Chief Executive Officer of AspenTech, said, "We are pleased with the result in this arbitration proceeding, and we look forward to continuing to serve our customers in the Middle East and around the world."

US: Chesapeake loses bid to void award over canceled Texas deal

Sep 12, http://www.reuters.com/article/2012/09/12/chesapeake-contract-ruling-idUSL1E8KCEX220120912

Reuters - A federal appeals court rejected Chesapeake Energy Corp's attempt to overturn a $20 million award arising from claims it wrongfully backed out of a contract to buy some Texas oil and gas leases.

US: EIG Global Energy Partners Files Federal Complaint Seeking to Enjoin Proposed TCW-Carlyle Transaction

Aug 21, http://www.finanznachrichten.de/nachrichten-2012-08/24373171-eig-global-energy-partners-files-federal-complaint-seeking-to-enjoin-proposed-tcw-carlyle-transaction-008.htm

PRNewswire - EIG Global Energy Partners (EIG) today announced that it has filed a complaint in Federal Court seeking to enjoin the announced acquisition of the TCW Group by investment funds managed by the Carlyle Group, together with TCW's management, from Societe Generale of France. EIG's complaint, filed in the Central District of California, alleges that the proposed transaction runs-afoul of certain consent rights granted to EIG as part of its consensual spin-out from TCW in 2009. The complaint seeks to enjoin the transaction until EIG's claims challenging it on various grounds are resolved in arbitration.

US: Grand Canyon Skywalk developer asks court to enforce $28.6 million binding arbitration award against Hualapai Nation

Sep 12, http://www.sacbee.com/2012/09/12/4813759/grand-canyon-skywalk-developer.html#mi_rss=PR%20Newswire

PRNewswire - The developer of the Grand Canyon Skywalk (GCSD) is asking the U.S. District Court in Arizona to enforce payment of the $28.6 million award it won against the Hualapai Nation. The two sides have been in dispute ever since the Hualapai tribe stopped paying management fees to GCSD.

US: Nordion Announces Decision in Arbitration with AECL Over Cancelled MAPLE Project

Sep 10, http://news.nordion.com/phoenix.zhtml?c=68761&p=irol-newsarticle&ID=1733262

Nordion Inc. announced today that it has received the decision in the confidential arbitration with Atomic Energy of Canada Limited (AECL). Nordion was unsuccessful in its claim for specific performance or monetary damages relating to AECL's cancelled construction of the MAPLE facilities. The majority of the tribunal ruled 2:1 that Nordion's claim against AECL in the arbitration was precluded under the terms of the 2006 Interim and Long-Term Supply Agreement (ILTSA) between Nordion and AECL. Thus, Nordion was not entitled to a remedy under the ILTSA for the unilateral termination by AECL of the construction of the MAPLE facilities.

The arbitrators dismissed AECL's counterclaim against Nordion, which claimed damages for breach of contract in the amount of $250 million and other relief.

Under the ILTSA, commercially reasonable efforts are required to maintain isotope production from the NRU reactor until such time as Nordion has established a satisfactory, long-term alternative supply. This supply is important to the global healthcare system and Nordion's Medical Isotopes business.

"We began this process to protect the interests of patients, the nuclear medicine community, our customers and employees with the goal of obtaining a long-term, safe supply of medical isotopes," said Steve West, Chief Executive Officer, Nordion. "We are disappointed with the outcome of the arbitration. It was our clear objective to protect our shareholders' investment in the MAPLE facilities. We intend to fully examine the implications of the decision and assess options for our future courses of action regarding this matter and long-term supply."

The MAPLE facilities were the nuclear reactors and processing facility that were being constructed by AECL to serve as the source of Nordion's long-term medical isotope supply. Nordion served AECL with a notice of arbitration proceedings on July 8, 2008, after AECL and the Government of Canada unilaterally terminated the construction and commissioning of the MAPLE facilities. Nordion sought to compel AECL to complete the commissioning of the MAPLE facilities or pay damages in lieu.

The MAPLE facilities were intended to replace AECL's National Research Universal (NRU) reactor. The ILTSA agreement stipulated that AECL would bring the MAPLE reactors into service commencing October 2008 to provide Nordion with a 40-year supply of isotopes.

Under the arbitration provisions included in the ILTSA between Nordion and AECL and the additional arbitration agreements between them, the parties have limited review or appeal rights relating to certain matters of law. Under Article 34 of the Commercial Arbitration Act (Canada) which applies, if either party wishes to initiate an appeal, it must do so within three months of the arbitration decision.

Other considerations

In the tribunal's decision, the arbitrators have yet to decide on the issue of costs and requested that Nordion and AECL make submissions within 30 days. As the decision of the tribunal favors AECL, Nordion may be responsible for a portion of AECL's costs, which could be material.

The arbitration decision leaves Nordion open to pursue its ongoing lawsuit against AECL in the Ontario courts in relation to the 1996 Isotope Production Facilities Agreement (IPFA). In the analysis of the decision, although the arbitrators did not conclude on the issue, the view of the majority was that a breach of contract by AECL did not occur under the ILTSA. As a result, the IPFA court claim may be substantially less than the C$1.6 billion Nordion is currently claiming. Nordion is pursuing its rights under the IPFA.

US: Paper Chase: Federal judge strikes down Delaware 'secret' arbitration rule

Aug 31, http://jurist.org/paperchase/2012/08/federal-judge-strikes-down-delaware-secret-arbitration-rule.php

JURIST - A judge for the US District Court for the District of Delaware on Thursday struck down the Delaware Chancery Court procedure allowing for closed-door arbitrations for large business disputes. In a 26-page decision Judge Mary McLaughlin held that the Chancery Court's rule allowing parties to opt for confidential, expedited arbitration, with one of the five Chancery judges sitting as arbitrator, amounted to secret non-jury trials that give rise to a qualified right of public access under the First Amendment.

US: Progress Continues in Trans-Pacific Partnership Talks

Sep 17, http://www.ustr.gov/node/7751

Leesburg, Virginia - Trans-Pacific Partnership (TPP) negotiators have continued to make progress at the 14th round of negotiations, which ended today in Leesburg, Virginia. Responding to direction in the September 9th statement of TPP Leaders issued at Vladivostok, Russia, negotiators in Leesburg focused on resolving outstanding issues where possible and narrowing differences on those that still need work.

US: Tariff fight resurrects dispute over Alaska pipeline's life expectancy

Aug 10, http://www.alaskadispatch.com/article/tariff-fight-resurrects-dispute-over-alaska-pipelines-life-expectancy

A complex regulatory battle is brewing over how much money the owners of the trans-Alaska oil pipeline charge to ship crude, one that raises questions about Gov. Sean Parnell's push to slash billions of dollars in oil taxes.

US: Tessera Receives Initial $20 Million Payment Resulting from Amkor Arbitration

Aug 21, http://www.tessera.com/abouttessera/pressroom/Pages/newsreleases.aspx?releaseId=701108

BUSINESS WIRE - Tessera Technologies, Inc. announced today that Tessera, Inc. has received an initial payment of approximately $20 million from Amkor Technology, Inc. related to the interim award the International Court of Arbitration of the International Chamber of Commerce (ICC) issued on July 6, 2012, in favor of Tessera, Inc. in its dispute with Amkor.

"As previously announced, we intend to seek an amount in excess of $125 million in connection with the ICC's interim award," stated Richard Chernicoff, president of Tessera Intellectual Property Corp. "We believe that litigation tactics are driving Amkor's decision to only pay this partial amount at this time, and we will continue to vigorously pursue our right to recover the full amount due."

USTR Holds Hearing on Canada and the Trans-Pacific Partnership

Sep 24, http://www.ustr.gov/about-us/press-office/press-releases/2012/september/USTR-hearing-Canada-TPP

Washington, D.C. - The Office of the United States Trade Representative (USTR) today held a public hearing on matters related to Canada's participation in the negotiations of the Trans-Pacific Partnership (TPP). Eleven individuals representing industry associations, non-governmental organizations, and organized labor offered testimony to officials from USTR and other U.S. government agencies.

"I would like to thank everyone who participated in today's hearing and provided valuable input on negotiating objectives with respect to Canada's participation in the TPP," said United States Trade Representative Ron Kirk. "The Administration will continue to ensure that we hear from the widest possible range of stakeholders in Washington and from across the country as we move forward in these negotiations."

Counselor and Assistant U.S. Trade Representative for Trade Policy and Economics Doug Bell presided over the proceedings. Barbara Weisel, Assistant U.S. Trade Representative for Southeast Asia and the Pacific, and John Melle, Assistant U.S. Trade Representative for the Americas, along with interagency representatives, also participated in the hearing. The testimony presented today, as well as all comments received in response to USTR's Federal Register notice, are available at www.regulations.gov, docket number USTR-2012-0015.

USTR Holds Public Hearing on Mexico and the Trans-Pacific Partnership

Sep 24, http://www.ustr.gov/about-us/press-office/press-releases/2012/september/ustr-hearing-mexico-tpp

Washington, D.C. - The Office of the United States Trade Representative (USTR) today held a public hearing on matters related to Mexico's participation in the negotiations of the Trans-Pacific Partnership (TPP). Ten individuals representing industry associations, non-governmental organizations, and organized labor offered testimony to officials from USTR and other U.S. government agencies.

"USTR is committed to transparency in trade negotiations," said Ambassador Kirk. "Today's hearing is a good example of our engagement with interested stakeholders and members of the public. As the TPP negotiations progress, we will continue to ensure that all interested parties have an opportunity to express their views."

Counselor and Assistant U.S. Trade Representative for Trade Policy and Economics Doug Bell presided over the proceedings. Barbara Weisel, Assistant U.S. Trade Representative for Southeast Asia and the Pacific, and John Melle, Assistant U.S. Trade Representative for the Americas, also participated in the hearing. The testimony presented today, as well as all comments received in response to USTR's Federal Register notice, are available at www.regulations.gov, docket number USTR-2012-0014.

Uzbekistan: MTS facing fines of $80 million in Uzbekistan

Aug 09, http://www.cbsnews.com/8301-505245_162-57488912/mts-facing-fines-of-$80-million-in-uzbekistan/

ALMATY, Kazakhstan - A Russian-owned mobile communications company in Uzbekistan says it is facing $80 million in fines from the Central Asian nation's authorities.

Uzbekistan: Oxus Gold PLC - Update on Arbitration Proceedings

Sep 18, http://online.hemscottir.com/servlet/HsPublic?context=ir.access&ir_option=RNS_NEWS&item=1167258294422599&ir_client_id=4252

Oxus Gold plc ("Oxus" or the "Company") refers to the ongoing UNCITRAL international arbitration proceedings commenced by Oxus against the Government of Uzbekistan ("Respondent") on August 31, 2011, in relation to the expropriation of the Company's investments in Amantaytau Goldfields ("AGF") and the Khandiza deposit, as described in RNS Number 3270N dated 31 August 2011.

Claimant's Statement of Claim

On September 17, 2012, the Company submitted its Statement of Claim.

The Statement of Claim is accompanied by an independent quantum report prepared by accounting expert, Ernst & Young, and an expert opinion on valuation by Wardell Armstrong International, quantifying the losses to Oxus as a result of Respondent's various breaches of the bilateral investment treaty concluded between the United Kingdom and Uzbekistan on November 24, 1993 (the "BIT").

In respect of the Company's Khandiza investment, Ernst & Young has assessed Oxus's losses on alternative scenarios, on the basis of alternative dates of quantification (i.e. the date of the ultimate award and alternatively the date of expropriation), and on the basis of alternative investment structures (i.e. a concession agreement and alternatively a joint venture).

In respect of the Company's investment in AGF, Ernst & Young has carried out a similar assessment of Oxus's losses based on scenarios contemplating alternative dates of quantification, and on the basis of different acts of creeping expropriation amounting to breaches of the BIT.

On the basis of these different alternatives and these two investments, Ernst & Young has quantified the losses to the Company in respect of the AGF investment within a certain range, which Oxus cannot disclose as a result of its confidentiality obligations in the arbitration.

Calendar

A procedural calendar for the remainder of the arbitration proceedings is being discussed. Confidentiality obligations of the arbitration do not allow Oxus to disclose the calendar once agreed or ordered.

Stay of UK Proceedings

As described in RNS Number 3969E, on July 21, 2011, the Ministry of Finance of the Republic of Uzbekistan initiated proceedings before the English High Court to enforce a judgment obtained in the Uzbek Courts ordering payment from the Company of USD 10.84 million constituting the AGF Phase 2 Project Development Fund.

The parties have agreed that all proceedings in this UK court action will be stayed until after the Arbitral Tribunal has rendered its final award in the UNCITRAL arbitration proceedings, or the arbitration is finally discontinued or disposed of.

Shareholders will continue to be advised of any further material developments in respect of the arbitration as and when they occur subject to confidentiality obligations of Oxus in relation to the arbitration, which includes the obligation not to disclose the parties' pleadings, the timetable as well as any directions and orders of the Tribunal.

Richard Shead, Chairman commented:

"I confirm that the very detailed claim for compensation for the expropriation of the mineral assets at both AGF and Khandiza was filed with the Arbitral Panel yesterday.

Whilst for the reasons set out in the RNS I am not at liberty to disclose the value of the claim submitted I can assure shareholders that the work undertaken by the expert independent valuators has derived a scale of values which supports the value placed on the assets by Oxus.

I hope we can now move the process forward to ensure shareholders are appropriately compensated in the shortest possible time."

Uzbekistan: Oxus Gold secures £3m equity facility with Darwin Strategic Limited

Aug 20, http://www.proactiveinvestors.co.uk/companies/news/47047/oxus-gold-secures-3m-equity-facility-with-darwin-strategic-limited-47047.html

Oxus Gold (LON:OXS) has secured a £3 million equity financing facility with Darwin Strategic Limited, a majority owned subsidiary of Henderson Global Investors' Alphagen Volantis fund, to cover its working capital requirements.

Venezuela finally joins Mercosur, Chavez' winning card

Aug 01, http://www.dailystar.com.lb/News/International/2012/Aug-01/182892-venezuela-finally-joins-mercosur-chavez-winning-card.ashx

Venezuela was officially welcomed into the Mercosur trade bloc Tuesday, giving its leader Hugo Chavez a long-awaited political prize and strengthening links among the region's agricultural and energy powerhouses.

The inclusion of Venezuela also deepens a political rift within the South American trade group. Paraguay, which long blocked Venezuela's entry, remains temporarily suspended from the bloc in response to the congressional ouster of that nation's president.

Venezuela finally leaves Icsid on Wednesday - Departure from Icsid does not mean the end of arbitration in dispute settlement

Jul 25, http://www.eluniversal.com/nacional-y-politica/120724/venezuela-finally-leaves-icsid-on-wednesday-july-25

Venezuela is to complete on Wednesday, July 25, its pullout of the International Center for Settlement of Investment Dispute (Icsid), thus envisaging an uncertain scenario for investors as to arbitration. In the meantime, the State will be bound to the World Bank agency regarding several lawsuits against it, Efe reported.

Venezuela to make new arguments in Conoco arbitration: minister

Sep 25, http://www.reuters.com/article/2012/09/24/us-venezuela-conoco-idUSBRE88N0QP20120924

Reuters - State oil company PDVSA will present more arguments against an arbitration panel's recent ruling before it "considers paying" a $66.8 million award to U.S. oil company ConocoPhillips, Venezuela Oil Minister Rafael Ramirez said on Monday.

Venezuela's Chavez Threatens Repsol Over YPF Arbitration Case

Jul 24, http://bloomberg.finanza.repubblica.it/Notizie/Article?documentKey=1376-M7N92C6JTSEE01-1R2928M056D7GLFA93MICMDQLM

Bloomberg - Venezuela President Hugo Chavez warned Repsol SA to "think carefully" about taking action against Argentina after it nationalized its YPF SA unit, indicating the Spanish company may face ramifications in Venezuela.

"They have a lot of investment here in Venezuela," Chavez said on state television after holding a meeting with Argentine Planning Minister Julio De Vido in Caracas. "What happens there in Argentina affects what happens here."

Venezuela: Conoco says panel backs its case against Venezuela

Sep 24, http://au.news.yahoo.com/thewest/business/a/-/world/14920157/conoco-says-panel-backs-its-case-against-venezuela/

AFP - US oil company ConocoPhillips said Friday that an arbitration panel had awarded it $66.8 million in its case against Venezuelan state oil company PDVSA over production reductions.

Download the award here:

www.ogel.org/legal-and-regulatory-detail.asp?key=7939 https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=7939

Venezuela: Exterran Shares Double as Venezuela Agrees to Pay $442 Million over Nationalized Assets

Aug 08, http://phx.corporate-ir.net/phoenix.zhtml?c=113213&p=irol-newsArticle&ID=1723334&highlight=

Exterran Holdings, Inc. today announced that its Venezuelan subsidiary has completed the sale of assets nationalized in 2009 to PDVSA Gas, S.A. for total consideration of approximately $442 million. Exterran received an initial payment of approximately $177 million in cash at closing ($50 million of which will be used to repay insurance proceeds previously collected under the policy Exterran maintained for the risk of expropriation), and is due to receive the remaining principal amount of approximately $265 million in periodic cash payments through the third quarter 2016.

The net proceeds from the sale of these assets, when combined with the net proceeds of approximately $112 million from the March 2012 sale of Exterran's Venezuelan joint venture assets which were also nationalized in 2009, total in excess of $500 million. As previously reported with respect to the March 2012 joint venture asset sale, Exterran received $37.6 million at the closing, $4.7 million in June 2012 as an installment payment, and is due to receive the remaining approximately $70 million in periodic cash payments through the first quarter 2016.

Exterran intends to use the initial proceeds received from the sale of its Venezuelan subsidiary's assets (net of the $50 million to repay insurance proceeds previously collected) of approximately $127 million, as well as the remaining proceeds it is due to receive from both transactions in the principal amount totaling approximately $335 million, as such proceeds are received, for the repayment of indebtedness and for general corporate purposes.

As a result of the nationalization of its Venezuelan subsidiary's assets, Exterran recorded asset impairments during the year ended Dec. 31, 2009 totaling $329.7 million ($379.7 million excluding the insurance proceeds of $50 million). During the year ended Dec. 31, 2009, Exterran also recognized an impairment of approximately $90 million to write off its investment in the joint ventures.

Exterran has agreed to suspend the arbitration proceeding previously filed by its Spanish subsidiary against Venezuela in connection with the nationalization of its Venezuelan subsidiary's assets, pending payment in full by PDVSA Gas of the purchase price for these assets. The joint ventures have agreed to suspend their previously filed arbitration proceeding against Venezuela in connection with the nationalization of the joint ventures' assets, pending payment in full by PDVSA Gas of the purchase price for those assets.

Venezuela: Valle Verde Brings Arbitration Cases Against Venezuela to 25

Jul 27, http://www.laht.com/article.asp?CategoryId=10717&ArticleId=546772

MIAMI -- Valle Verde Sociedad Financiera SL, a Spanish company represented by international law firm DLA Piper out of their Miami office, had its request for arbitration registered Wednesday. Valle Verde listed "subject matter" as "banking enterprise." The corporate registration of Valle Verdes in Madrid quotes its purpose as "the acquisition, possession, management, sale, enjoyment and administration of securities."

Viacom Hit With $300 Million Court Ruling in 'Rock Band' Case

Aug 14, http://www.hollywoodreporter.com/thr-esq/viacom-rock-band-million-court-361322

A Delaware judge rules the conglomerate must pay bonuses to shareholders of video game studio Harmonix.

What Greece Can Learn From Argentina's Default

Aug 08, http://www.businessweek.com/articles/2012-03-15/what-greece-can-learn-from-argentinas-default#r=recommended

"Argentina is going to make this month's bond payment without any obstacle," Economy Minister Hernán Lorenzino assured reporters on his 40th birthday-on March 5-in Buenos Aires. He was shrugging off a ruling by U.S. District Judge Thomas Griesa in favor of creditors who have been challenging Argentina's debt restructuring in New York.

Zimbabwe: Indigenisation Policy Hostile to Investors - Mashakada

Sep 25, http://allafrica.com/stories/201209250289.html

THE current indigenisation policy is incompatible with Zimbabwe's investment attraction drive and must be revised, a Cabinet minister has said.

Economic Planning and Investment Promotion minister, Tapiwa Mashakada's remarks come in light of reports that South African companies were closely monitoring their assets in Zimbabwe.

The companies are said to be "quietly" preparing to contest a government move that forces disposal of shares to Zimbabweans under the indigenisation policy.

EVENTS

OECD: Bribery in international business, 10 October 2012 - OECD Conference Centre, Paris

Sep 13, http://www.oecd.org/investment/briberyininternationalbusiness/consultationoncollectiveactioninthefightagainstforeignbribery.htm

This annual consultation with the OECD Working Group on Bribery is open to representatives of the private sector and civil society. This year's discussions will focus on collective action and how collaborative and sustained processes of co-operation amongst stakeholders can combat corruption.

International ADR in India and the UK: Law Society led event in Delhi 8 October 2012

Oct 8, http://international.lawsociety.org.uk/node/12378

The Law Society of England and Wales are leading a legal services event in Delhi, India on Monday 8th October, 2012. The event is running parallel to a larger business visit to India that is being led by the Lord Mayor of the City of London, Alderman David Wootton.

Singapore Mediation Lecture Series - Wednesday, 29 August 2012

Aug 10, http://www.law.smu.edu.sg/sml/2012/

The Singapore Mediation Lecture series aims to enhance the understanding and use of mediation in resolving cross-border commercial disputes.

The inaugural Singapore Mediation Lecture will be delivered by the former President of the Republic of Singapore, Mr S R Nathan.

BAC: Beijing Arbitration Commission (BAC) Visited International Law Institute in US on Invitation

Jul 01, http://www.bjac.org.cn/en/news/view.asp?id=2097

Beijing Arbitration Commission (BAC) Visited International Law Institute in US on Invitation

On June 19, 2012, a three-person group of BAC composed of General Secretary Wang Hongsong, Division Chief Chen Fuyong and Secretary Xu Jie went to Washington, D.C. of the United Stateson invitation to visit the International Law Institute. The party was warmly welcomed by Professor Don Wallace, Jr, the Director of the Institute, Robert Sargin, the Vice-Director of the Institute, and Anne Marie Whitesell, the head of the dispute resolution team of the Institute and former Secretary of Arbitration Court of International Chamber of Commerce.

BAC: Beijing Arbitration Commission (BAC) Was Invited to Attend the 25th Anniversary Ceremonyof Straus Institute for Dispute Resolution and Watched the Advanced Mediation Training Courses at the School of Law of Pepperdine University in the U.S.

Jul 01, http://www.bjac.org.cn/en/news/view.asp?id=2096

On June 22, 2012, Straus Institute for Dispute Resolution of the School of Law of Pepperdine University in the U.S. held its 25th Anniversity Ceremony. General Secretary Wang Hongsong, Division Chief Chen Fuyong and Secretary Xu Jie attended the ceremony on invitation. At the ceremony, Professor Thomas Stipanowich, Academic Chief of the Institute introduced BAC to the attendees and highly praised the active role played by BAC in promoting diversified dispute resolution.

BAC: A delegation of Beijing Arbitration Commission (BAC) went to US to visit Kenneth Feinberg

Jul 02, http://www.bjac.org.cn/en/news/view.asp?id=2098

On June 18, 2012, a delegation of BAC composed of General Secretary Wang Hongsong, Division Chief Chen Fuyong and Secretary Xu Jie went to Washington D.C., U.S. to pay a visit to Kenneth Feinberg, who was the administrator for handling the oil spill accident in the Gulf of Mexico.

BAC: A Symposium on the Topic "International Arbitration in China -- an Ideal Dispute Resolution" was Successfully Held at the French Embassy in China

Jul 5, http://www.bjac.org.cn/en/news/view.asp?id=2099

On June 26, 2012, a Symposium on the Topic "International Arbitration in China -- an Ideal Dispute Resolution" which was sponsored by French Embassy in China with the assistance of Beijing Arbitration Commission (BAC) was successfully held at the embassy. There were about 60 attendees who were the legal consultants of French enterprises in China, lawyers, scholars and students from law schools at the symposium.

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

Prof. S.I. Strong (MU Law Professor) Named U.S. Supreme Court Fellow

July 18, http://law.missouri.edu/news/#strong-071812

Prof. S.I. Strong has been selected as a United States Supreme Court Fellow for the 2012-2013 term. She has been assigned to the International Judicial Relations Office of the Federal Judicial Center, examining the federal judicial process and helping seek, propose and implement solutions to problems in the administration of justice.

The Supreme Court Fellows are selected by a commission composed of nine members selected by the Chief Justice of the United States. The fellows work with top officials in the judicial branch of government. "To be chosen as a Supreme Court Fellow is a wonderful testament to Prof. Strong's scholarship and reputation in international law," University of Missouri School of Law Dean Larry Dessem says. "Her service at the Federal Judicial Center will not only provide her expertise to the federal courts, but enrich the writing that she will do as a Supreme Court Fellow and in the years to come."

Prof. Strong recently returned to the United States after serving as the Henry G. Schermers Fellow at the Hague Institute for the Internationalisation of Law in the Netherlands.

BOOKS

Handbook of Investment Arbitration: Commentary, Precedents and Models for ICSID Arbitration

Thomas H. Webster
ISBN13: 9780414044647
ISBN: 0414044649
To be Published: August 2012
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardcover
Price: £165.00 - August 2012

The Handbook of Investment Arbitration presents rule-by-rule commentary on the widely used ICSID Rules on investment treaty arbitration. Aimed at the arbitration practitioner, it makes the principles and procedures fully understandable and provides the detailed references required to deal with complex procedural issues as they arise during the investment treaty arbitration process.

ICSID

New: Ping An Life Insurance Company of China, Limited and Ping An Insurance (Group) Company of China, Limited v. Kingdom of Belgium (ICSID Case No. ARB/12/29)

Banking and financial services. Registered September 19. Pending. http://on.ft.com/UJYS0P

Award: Antoine Goetz and others v. Republic of Burundi (ICSID Case No. ARB/01/2) (June 21, 2012) in French

https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=7937

Award: Daimler Financial Services AG v. Argentine Republic (ICSID Case No. ARB/05/1)

Outcome of Proceeding: The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Charles N. Brower and a separate opinion by arbitrator Domingo Bello Janeiro.

New: Tenaris S.A. and Talta - Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/23)

Production of hot briquetted iron and steel products. Registered August 21.

New: Transban Investments Corp. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/24)

Vehicle import enterprise. Registered August 27.

New: Marco Gavazzi and Stefano Gavazzi v. Romania (ICSID Case No. ARB/12/25)

Steel production enterprise. Registered August 27.

New: Sudapet Company Limited v. Republic of South Sudan (ICSID Case No. ARB/12/26)

Exploration and production of hydrocarbons. Registered August 29.

New: Bidzina Ivanishvili v. Georgia (ICSID Case No. ARB/12/27)

Banking enterprise. Registered September 10.

New: Pluspetrol Perú Corporation and others v. Perupetro S.A. (ICSID Case No. ARB/12/28)

Hydrocarbon concession. Registered September 11.

New: Lao Holdings N.V. v. Lao People's Democratic Republic (ICSID Case No. ARB(AF)/12/6)

Gaming industry. Registered September 12.

New: Rusoro Mining Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/12/5)

Gold production, Registered August 01. Tribunal not yet constituted.

New: Valle Verde Sociedad Financiera S.L. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/18)

Banking enterprise, Registered July 25. Tribunal not yet constituted.

New: Ternium S.A. and Consorcio Siderurgia Amazonia S.L. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/19)

Manufacture of steel products, Registered August 01. Tribunal not yet constituted.

New: Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/21)

Industrial plants for production and distribution of glass containers, Registered August 10. Tribunal not yet constituted.

New: Venoklim Holding B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/22)

Lubricant production facilities. Registered August 15. Tribunal not yet constituted.

Award: Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v. Georgia (ICSID Case No. ARB/08/19)

Outcome of Proceeding: The Tribunal renders its award on August 9, 2012.

Accession Eastern Europe Capital AB and Mezzanine Management Sweden AB v. Republic of Bulgaria (ICSID Case No. ARB/11/3)

Outcome of Proceeding: The Secretary-General issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 45 on July 23, 2012.

Vestey Group Ltd v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/06/4)

Tribunal Constituted: July 6 - Gabrielle KAUFMANN-KOHLER (Swiss) Horacio A. GRIGERA NAON (Argentine) Pierre-Marie DUPUY (French)

Hortensia Margarita Shortt v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/30)

Status of Proceeding: the proceeding is suspended until November 28, 2012, pursuant to the parties' agreement on July 31

Blue Bank International & Trust (Barbados) Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/12/20)

Tourism and hospitality facilities, Registered August 07. Tribunal not yet constituted. https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=7930

Emmis International Holding B.V., Emmis Radio Operating B.V., MEM Magyar Electronic Media Kereskedelmi Szolgáltató Kft. v. Hungary (ICSID Case No. ARB/12/2)

Tribunal Constituted: August 15. Composition of Tribunal: Campbell McLACHLAN (New Zealand); Marc LALONDE (Canadian); J. Christopher THOMAS (Canadian).

... See @ogeltdm for further updates...