issue #07, week 46. 15 November 2012
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

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Recent issues:

ICC seeks LatAm input on Business World Trade Agenda

Nov 09, http://www.thefinancialexpress-bd.com/index.php?ref=MjBfMTFfMDlfMTJfMV84OV8xNDkzMTU=

The International Chamber of Commerce (ICC) Wednesday consulted in Mexico City with business leaders from Latin America, to get regional input on the initial recommendations of its Business World Trade Agenda initiative, aimed at driving World Trade Organization (WTO) multilateral trade talks out of an 11-year deadlock.

ICC: Proposed regulation of tobacco packaging in New Zealand could increase counterfeiting, ICC BASCAP warns

Oct 05, http://www.iccwbo.org/News/Articles/2012/Proposed-regulation-of-tobacco-packaging-in-New-Zealand-could-increase-counterfeiting,-ICC-BASCAP-warns/

Business Action to Stop Counterfeiting and Piracy (BASCAP), an initiative of the International Chamber of Commerce (ICC), cautioned that New Zealand's proposal to require plain packaging of tobacco products could result in a series of unintended consequences on the ability to control the flow of illicit trade and ultimately on future economic growth.

ICJ: Frontier Dispute (Burkina Faso/Niger) - Conclusion of the public hearings - Court to begin its deliberation [pdf]

Oct 17, http://www.icj-cij.org/docket/files/149/17136.pdf

THE HAGUE, 17 October 2012. The public hearings in the case concerning the Frontier Dispute (Burkina Faso/Niger) were concluded today. The Court will now begin its deliberation.

During the hearings, which opened on Monday 8 October 2012 at the Peace Palace, seat of the Court, the delegation of Burkina Faso was led by H.E. Mr. Jérôme Bougouma, Minister for Territorial Administration, Decentralization and Security, as Agent; and the delegation of the Republic of Niger was led by H.E. Mr. Mohamed Bazoum, Minister of State for Foreign Affairs, Co-operation, African Integration and Nigeriens Abroad, Chairman of the Support Committee to Counsel for Niger, as Agent.

The Court's Judgment will be rendered at a public sitting, the date of which will be announced in due course.

Final submissions of the Parties

At the end of the oral proceedings, the Parties presented the following final submissions to the Court....

ICJ: Territorial and Maritime Dispute (Nicaragua v. Colombia) - The Court to deliver its Judgment on Monday 19 November 2012 at 3 p.m. - Reading to be broadcast live on the Court's website [pdf]

Nov 8, http://www.icj-cij.org/docket/files/124/17154.pdf

THE HAGUE, 8 November 2012. On Monday 19 November 2012, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, will deliver its Judgment in the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia).

A public sitting will take place at 3 p.m., during which the President of the Court, Judge Peter Tomka, will read the Court's Judgment. This sitting will be broadcast live and in full on the Court's website (via the "multimedia" link). It will immediately be made available as a recorded webcast (VOD) on the Court's website and, shortly thereafter, will be uploaded to the United Nations multimedia site (http://webtv.un.org/meetings-events/).

It should be noted that, owing to the renovation of the Great Hall of Justice of the Peace Palace, where the Court usually sits, this public sitting will be held in the auditorium of The Hague Academy of International Law, whose building is adjacent to the Peace Palace.

ICJ: The International Court of Justice has more than doubled its work rate since 1990, the President of the Court declares before the Member States of the United Nations

Sep 28, http://www.icj-cij.org/presscom/files/2/17102.pdf

THE HAGUE, 28 September 2012. "[B]ringing a dispute before the Court usually contributes to defusing tensions between States, in particular in situations of competing claims to sovereignty or maritime zones", declared H.E. Judge Peter Tomka, President of the International Court of Justice (ICJ), the principal judicial organ of the United Nations Organization. The President of the Court was addressing representatives of the United Nations Member States who were gathered in New York on the occasion of the "high-level meeting on the rule of law", on 24 September 2012.

"If the Parties are unable to resolve such matters through negotiation to their satisfaction or find a creative solution, such as joint management and exploitation régimes, the Court remains available to assist them by adjudicating the dispute on the strength of their legal arguments and evidence in accordance with international law", President Tomka stated.

Energy Charter: Ad Hoc Seminar on China's Views on Global Energy Governance

Oct 24, http://www.encharter.org/index.php?id=21&id_article=328&L=0

On 23 October 2012 the Secretariat organised an Ad Hoc Seminar on China's Views on Global Energy Governance. An official Chinese delegation headed by the Director General of the Energy Research Institute (ERI) of the National Development and Reform Commission (NDRC) Prof. Han Wenke, briefed the participants on China's views on the subject.

Participants also discussed the proposal by the Chinese Premier Wen Jiabao of January 2012 regarding the possibility of establishing a global energy market governance mechanism under the G20 framework that would involve energy suppliers, consumers and transit countries. ERI researchers presented the results of their study on global energy governance, existing international frameworks and their future role.

Energy Charter: Afghanistan Parliament Delegation visits the Energy Charter Secretariat

Oct 12, http://www.encharter.org/index.php?id=21&id_article=324&L=0

A delegation of Members of the Afghanistan Parliament visited the Energy Charter Secretariat on 12 October 2012, where they met with Secretary General Rusnák and the Secretariat's management. The main topics of discussion were cooperation between Afghanistan and the Charter and Afghanistan's pending accession to the Energy Charter Treaty.

ITLOS: Order Adopted in the M/V "Virginia G" Case (Panama/Guinea-Bissau) - Tribunal finds Guinea-Bissau's counter claim admissible and fixes time-limit for the filing of an additional pleading by Panama [pdf]

Nov 6, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_180_E_02.pdf

Hamburg, 6 November, 2012. On 2 November 2012, the Tribunal adopted an Order on the admissibility of a counter-claim submitted by Guinea-Bissau in its Counter-Memorial in the M/V "Virginia G" Case (Panama/Guinea-Bissau).

By that Order, the Tribunal, by 18 votes to 4, "[f]inds that the counter-claim presented by Guinea-Bissau satisfies the conditions set forth in article 98, paragraph 1, of the Rules of the Tribunal," and by 18 votes to 4, "[f]inds that, in the light of the foregoing, the counter-claim presented by Guinea-Bissau is admissible under article 98, paragraph 1, of the Rules of the Tribunal." By the same Order, the Tribunal unanimously "[a]uthorizes the submission by Panama of an additional pleading related solely to the counter-claim submitted by Guinea-Bissau and fixes 21 December 2012 as the time-limit for the filing of this pleading." The subsequent procedure has been unanimously reserved for further decision.

ITLOS: Request for Provisional Measures Submitted by Argentina in a Dispute Over the Frigate Ara Libertad (Argentina v. Ghana) [Pdf]

Nov 14, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_182_E.pdf

A request for the prescription of provisional measures was submitted today to the International Tribunal for the Law of the Sea by Argentina in a dispute with Ghana concerning the detention by the Ghanaian authorities of the frigate ARA Libertad. Proceedings were instituted on the basis of article 290, paragraph 5, of the 1982 United Nations Convention on the Law of the Sea.

In its Request for provisional measures, Argentina claims that the frigate ARA Libertad was illegally detained by the authorities of Ghana at the Port of Tema on 2 October 2012, where it is still being held. Argentina emphasizes that the ARA Libertad is a warship and the flagship of the Argentine Navy. It alleges that, at the time of its detention, the frigate ARA Libertad was on an official visit to Ghana and that the Government of Argentina and the Government of Ghana had agreed upon the vessel's arrival at the Port of Tema on 1 October 2012. According to Argentina, on 24 October 2012, it had to repatriate most of the ship's crew and all officers of foreign States participating in the expedition. The captain of the ship and 44 crew members are still on board the ARA Libertad at this time. Argentina claims that the ship was detained pursuant to an order rendered by a Ghanaian court in violation of international law and, in particular, of the immunities enjoyed by warships.

According to article 290, paragraph 5, of the Convention, pending the constitution of an arbitral tribunal to which a dispute is being submitted under annex VII of the Convention, any party to the dispute may request the International Tribunal for the Law of the Sea to prescribe provisional measures. The request may be submitted to the Tribunal by a party after a period of two weeks from the date of a request for provisional measures addressed to the other party. The Tribunal may prescribe provisional measures if it considers that prima facie the arbitral tribunal to be constituted would have jurisdiction and that the urgency of the situation so requires. By a notification addressed to the Minister for Foreign Affairs and Regional Integration of the Republic of Ghana, dated 29 October 2012, Argentina instituted arbitral proceedings under Annex VII of the Convention against Ghana and in the said notification requested Ghana to adopt a provisional measure.

In the request submitted today to the Tribunal Argentina seeks the prescription of the following provisional measure:

that Ghana unconditionally enable the Argentine warship Frigate ARA Libertad to leave the Tema port and the jurisdictional waters of Ghana and to be resupplied to that end.

Article 90, paragraph 2, of the Rules of the Tribunal provides that the Tribunal, or the President if the Tribunal is not sitting, shall fix the earliest possible date for the hearing.

Note: The press releases of the Tribunal do not constitute official documents and are issued for information purposes only.

ITLOS: The M/V "Virginia G" Case (Panama/Guinea-Bissau) - Solemn Declaration By the Judges Ad Hoc in Case 19 - Public Sitting to Be Held on Friday 2 November

Oct 31, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_179_E.pdf

The Tribunal will hold a short public sitting in The M/V "Virginia G" Case (Panama/Guinea-Bissau) on Friday 2 November 2012 at 10.00 a.m.

During the sitting, Mr José Manuel Sérvulo Correia (Portugal), Judge ad hoc chosen by Guinea-Bissau, and Mr Tullio Treves (Italy), Judge ad hoc chosen by Panama, will make the solemn declaration required under article 9 of the Rules of the Tribunal.

Attending the sitting

The sitting will take place in the courtroom of the Tribunal and is open to the public. Members of the diplomatic and consular corps and general public are welcome to attend. They are requested to register in advance. Members of the press are requested to register in advance with the Press Office using the accreditation form that is available on the website of the Tribunal.

Webcast

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

KLRCA Adjudication Training Programme (for Public), Kuala Lumpur

Oct 16, http://www.rcakl.org.my/scripts/list-posting.asp?recordid=297

KLRCA had successfully conducted its first Adjudication Training Programme (for public) from 29 Sept - 3 Oct 2012 in Kuala Lumpur. The programme aims to train future adjudicators and provide them with the necessary skills to conduct an adjudication. The training consisted of five units altogether, i.e. the Application of Statutory Adjudication to the Construction Industry, the Practise and Procedure of Adjudication under CIPAA 2012, Fundamental of Construction Law, The Construction process and Writing Adjudication Decisions. At the end of the course, participants who wish to become certified adjudicators had to take two examinations.

HKIAC Administered Arbitration Rules - Near-Final Draft Open for Comments - respond before November 26 2012

Nov 08, http://www.hkiac.org/index.php/en/news/457

Consultation paper: http://www.hkiac.org/images/stories/rules/consultationpaper(October).pdf

The near-final draft of the HKIAC Administered Arbitration Rules is now open for comments. Modifications in the new rules have been adopted to reflect the latest trends in international commercial arbitration and to further strengthen the Centre's service to parties and professionals. Key changes under the draft Rules include joinder of parties, consolidation of arbitrations, fees of arbitral tribunal, interim measures of protection and emergency arbitrators.

Please refer to the Consultation Paper which is now available on our website. Briefing note on the proposed key changes to the HKIAC Administered Arbitration Rules is also included in the Consultation Paper.

We would be grateful for your comments and suggestions. Please submit your comments to the HKIAC Rules Committee at rules@hkiac.org before 26 November 2012.

Hong Kong to introduce cap on hourly arbitration rates

Oct 29, http://www.legalweek.com/legal-week/news/2220695/hong-kong-to-introduce-cap-on-hourly-arbitration-rates

The Hong Kong International Arbitration Centre (HKIAC) is planning to introduce new rules in the first quarter of next year which would usher in a cap on hourly rates on arbitration held in the centre, making the process less expensive for companies and individuals.

Oxfam briefing note: 'Our Land, Our Lives' - Time out on the global land rush [pdf]

Oc 4, http://www.oxfamnovib.nl/Redactie/Downloads/Rapporten/bn-land-lives-freeze-041012-en%20%5Bembargoed%5D.pdf

In the past decade an area of land eight times the size of the UK has been sold off globally as land sales rapidly accelerate. This land could feed a billion people, equivalent to the number of people who go to bed hungry each night. In poor countries, foreign investors have been buying an area of land the size of London every six days. With food prices spiking for the third time in four years, interest in land could accelerate again as rich countries try to secure their food supplies and investors see land as a good long-term bet. All too often, forced evictions of poor farmers are a consequence of these rapidly increasing land deals in developing countries. As the world's leading standard-setter and a big investor itself, the World Bank should freeze its own land investments and review its policy and practice to prevent land-grabbing. In the past the Bank has chosen to freeze lending when poor standards have caused dispossession and suffering. It needs to do so again, in order to play a key role in stopping the global land rush.

WIPO: Decision of UN Sanctions Committee on WIPO's Technical Assistance to Islamic Republic of Iran

Sep 25, http://www.wipo.int/pressroom/en/articles/2012/article_0020.html

The United Nations (UN) committee charged with overseeing implementation of Security Council resolutions relating to the Islamic Republic of Iran has confirmed that WIPO technical assistance to the Islamic Republic of Iran does not violate United Nations resolutions.

WTO establishes new Reference Centre in Nigeria

Oct 9, http://www.wto.org/english/news_e/news12_e/refc_09oct12_e.htm

The WTO established a new Reference Centre in Abuja, Nigeria, on 9 October 2012 following an official request by Nigeria's Federal Ministry of Trade and Investment.

The Centre is located in the Ministry's Department of Trade. The Permanent Secretary of the Ministry, Mr Dauda S. Kigbu, commissioned the Centre on behalf of the Government of Nigeria.

WTO: "Friends of Safeguards" urge more transparency and due process in investigations

Oct 25, http://www.wto.org/english/news_e/news12_e/safe_22oct12_e.htm

A new ten-delegation WTO grouping called Friends of Safeguards Procedures (FSP), at the Committee on Safeguards meeting on 22 October 2012, expressed concern about "procedural, transparency, and due process issues" related to certain safeguard investigations.

Joint statement: http://docsonline.wto.org/DDFDocuments/t//G/SG/W226.doc

WTO: Appellate Body issues report on China's duties on steel products from the US

Oct 18, http://www.wto.org/english/news_e/news12_e/414abr_e.htm

On 18 October 2012, the WTO Appellate Body issued its report in the case "China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States" (DS414).

Summary of key findings

China's appeal was limited to the Panel's findings in relation to MOFCOM's price effects finding and the related disclosure of underlying facts. China claimed that the Panel erred in the interpretation and application of Article 3.2 of the Anti-Dumping Agreement and Article 15.2 of the SCM Agreement in finding that China acted inconsistently with Articles 3.1 and 3.2 of the Anti-Dumping Agreement and Articles 15.1 and 15.2 of the SCM Agreement. China also claimed that the Panel erred in finding that China acted inconsistently with Articles 6.9 and 12.2.2 of the Anti-Dumping Agreement, and Articles 12.8 and 22.5 of the SCM Agreement, in relation to MOFCOM's final disclosure, and public notice and explanation, of the facts underlying its price effects finding.

The Appellate Body upheld the Panel's finding that MOFCOM's price effects finding was inconsistent with Articles 3.1 and 3.2 of the Anti-Dumping Agreement and Articles 15.1 and 15.2 of the SCM Agreement. The Appellate Body interpreted Article 3.2 of the Anti-Dumping Agreement and Article 15.2 of the SCM Agreement as requiring an investigating authority to consider the relationship between subject imports and the prices of the like domestic products so as to understand whether the volumes and/or prices of subject imports provide explain the occurrence of significant depression or suppression of domestic prices. Like the Panel, the Appellate Body rejected China's interpretation that Articles 3.2 and 15.2 merely require an investigating authority to consider the existence of price depression or suppression, and do not require the consideration of any link between subject imports and these price effects.

With regard to the Panel's application of the legal standard under Articles 3.2 and 15.2, read together with Articles 3.1 and 15.1, the Appellate Body found that the Panel was correct to conclude that MOFCOM's finding as to the "low price" of subject imports referred to the existence of price undercutting, and that MOFCOM relied on this factor to support its finding of significant price depression and suppression. The Appellate Body also found that the Panel did not improperly disregard the parallel price trends of subject imports and domestic products, or the role that the increase in the volume of subject imports played in MOFCOM's price effects finding. Although the Appellate Body considered that the Panel did not properly examine the effect of a policy aiming at undercutting domestic prices, it found no basis to reverse the Panel's price effects finding in this case. Moreover, the Appellate Body found that the Panel did not act inconsistently with its duty to make an objective assessment under Article 11 of the DSU.

The Appellate Body upheld the Panel's finding that China acted inconsistently with Article 6.9 of the Anti-Dumping Agreement and Article 12.8 of the SCM Agreement. The Appellate Body agreed with the Panel that MOFCOM failed to disclose in its preliminary determination and its final injury disclosure document all the "essential facts" relating to the "low price" of subject imports on which it relied for its price effects finding. The Appellate Body also upheld the Panel's finding that China acted inconsistently with Article 12.2.2 of the Anti-Dumping Agreement and Article 22.5 of the SCM Agreement because MOFCOM failed to disclose in its final determination "all relevant information on the matters of fact" relating to the "low price" of subject imports on which it relied for its price effects finding. In both instances, the Appellate Body found that MOFCOM was required to disclose under Articles 6.9 and 12.2.2 of the Anti-Dumping Agreement and Articles 12.8 and 22.5 of the SCM Agreement the price comparisons of subject imports and domestic products that were necessary to understand MOFCOM's finding regarding the "low price" of subject imports.

WTO: China files dispute against the EU and certain member states

Nov 06, http://www.wto.org/english/news_e/news12_e/ds452rfc_05nov12_e.htm

China notified the WTO Secretariat on 5 November 2012 of a request for consultations with the European Union and certain member states. It alleges that certain measures affecting the renewable energy generation sector relating to the feed-in tariff programmes of EU member states, including but not limited to Italy and Greece, include domestic content restrictions and are inconsistent with the GATT 1994, the Agreement on Subsidies and Countervailing Measures and the Agreement on Trade-Related Investment Measures.

WTO: EU requests consultations with the US on compliance in the Boeing dispute

Sep 25, http://www.wto.org/english/news_e/news12_e/ds353oth_26sep12_e.htm

On 25 September 2012, the European Union notified the WTO Secretariat of a request for consultations with the United States over disagreement as to the existence or consistency of the measures taken by the United States to comply with the recommendations and rulings of the Dispute Settlement Body on the dispute "Measures affecting trade in large civil aircraft (second complaint)" (DS353).

WTO: Following an official request by Rwanda, the WTO established a new Reference Centre at the Ministry of Trade and Industry in Kigali, Rwanda, on 27 September 2012

Oct 08, http://www.wto.org/english/news_e/news12_e/refc_27sep12_e.htm

The WTO provided training to the Reference Centre Manager and senior officials from the Ministry of Trade and Industry in a number of areas. This included accessing WTO information resources - including tariff profiles and commitments of WTO members, the Global Technical Assistance Database (GTAD) and other WTO databases, reports of WTO bodies and developments in the Doha Round negotiations. Specific empirical exercises (trade and tariff illustrations) relevant to the Rwandan economy were carried out by the participants. The Reference Centre Manager and officials also received training on information management techniques to assist them in better organizing and providing access to WTO information resources, with a particular focus on Rwanda. The Centre will be accessible to the general public, the private sector and academics.

WTO: General Council accepts Laos' membership, only ratification left

Oct 29, http://www.wto.org/english/news_e/news12_e/acc_lao_26oct12_e.htm

WTO members meeting as the General Council on 26 October 2012 have agreed to Laos joining the organization, paving the way for the southeast Asian country to become a member in early 2013.

WTO: Historic signing ends 20 years of EU-Latin American banana disputes

Nov 08, http://www.wto.org/english/news_e/news12_e/disp_08nov12_e.htm

"This is a truly historic moment," said WTO Director-General Pascal Lamy. "After so many twists and turns, these complicated and politically contentious disputes can finally be put to bed. It has taken so long that quite a few people who worked on the cases, both in the Secretariat and in member governments have retired long ago."

Mr Lamy distributed to the countries concerned legally certified copies of the EU's revised commitments (document WT/Let/868 of 30 October 2012) replacing, with tariffs only, a complicated and WTO-illegal banana import regime. These banana import tariffs decline annually to 114 euros per tonne. The EU's revised commitments include the 2009 Geneva Banana Agreement. The WTO is the depository of these revised commitments, which have now been accepted by the WTO's membership.

Dispute Settlement Body chairperson Shahid Bashir, who is Pakistan's ambassador, presided when the EU and the 10 Latin American countries signed a "mutually agreed solution" (document WT/DS16/8, available shortly), officially closing the legal disputes over bananas (cases DS16, DS27, DS105, DS158, DS361 and DS364) between the EU and Latin American countries

One positive feature of the disputes is that they have provided a "rich source of jurisprudence" on WTO law, he said.

WTO: Interim WTO Ruling Finds Canadian Renewable Energy Scheme Discriminatory

Oct 16, http://ictsd.org/i/news/biores/147261/

ICTSD - According to a confidential interim WTO dispute settlement report, a three-member panel has sided with the EU and Japan in their challenge of renewable energy support provided by the Canadian province of Ontario, sources told BioRes this week. The two countries had argued that the feed-in-tariff (FIT) system - put in place in 2009 - violates WTO rules because it requires participating electricity generators to source up to 60 percent of their equipment in Ontario.

WTO: Mexico files dispute against China on alleged subsidies to clothing and textile products

Oct 16, http://www.wto.org/english/news_e/news12_e/ds451rfc_15oct12_e.htm

Mexico notified the WTO Secretariat on 15 October 2012 of a request for consultations with China concerning several measures allegedly taken by China to support the production and exports of clothing and textile products. It said it had requested consultations because China appears to maintain a wide variety of measures that support producers and exporters of apparel and textile products, both directly and indirectly. It added that these measures appear to involve both prohibited and actionable subsidies that are inconsistent with China's obligations under the Subsidies and Countervailing Measures Agreement, GATT 1994, the Agreement on Agriculture, and China's Accession Protocol.

WTO: Panels set up on Australia's tobacco measures and on US duties on China's exports

Sep 28, http://www.wto.org/english/news_e/news12_e/dsb_28sep12_e.htm

At its meeting on 28 September 2012, the Dispute Settlement Body (DSB) agreed to establish a panel on Australia's measures on plain packaging of tobacco products (DS434) and another one on countervailing duty measures on exports from China to the United States (DS437).

WTO: Panels set up on China's duties on US automobiles and on US compliance in Boeing dispute

Oct 23, http://www.wto.org/english/news_e/news12_e/dsb_23oct12_e.htm

The Dispute Settlement Body (DSB), on 23 October 2012, established a panel to examine a complaint by the United States against China's anti-dumping and countervailing duties on US automobiles. In the Boeing dispute, it established a panel, at the request of the European Union, to examine whether the US had complied with DSB recommendations, and referred to arbitration a request by the EU to take countermeasures for $12 billion against the US.

UNCTAD: Assisting States in drafting better investment agreements

Oct 16, http://unctad.org/en/pages/newsdetails.aspx?OriginalVersionID=321&Sitemap_x0020_Taxonomy=International%20Investment%20Agreements%20(IIA);

A new UNCTAD publication, the sequel to the 1999 Pink Series paper on expropriation, analyses expropriation provisions in international investment agreements (IIAs) and their interpretation by arbitral tribunals. Moving beyond a merely descriptive role, the paper offers policy options to assist States in drafting IIA clauses that help to promote sustainable development.

EFTA and Central America make further headway in free trade negotiations - EFTA

Nov 05, http://www.efta.int/free-trade/free-trade-news/2012-11-05-Central-America.aspx

Delegations from the EFTA States as well as Costa Rica, Guatemala, Honduras and Panama held a fourth round of negotiations on a comprehensive free trade agreement from 29 October to 2 November 2012 in Geneva.

Five days of intensive discussions allowed for significant progress in all areas covered by the draft free trade agreement. Delegations agreed on a detailed work plan towards the fifth round foreseen to take place in December 2012 in Guatemala City, with the objective of concluding the negotiations on that occasion.

The EFTA team during the round was headed by Ambassador Didier Chambovey from Switzerland, while on the Central American side Mr Ricardo Zuñiga, for Costa Rica, Ms Sonia Lainfiesta, for Guatemala, Mr César Díaz, for Honduras, and Mr Luis Garrido, for Panama, acted as chief negotiators.

Bilateral merchandise trade between EFTA and the Central American countries stood at almost USD 1 billion in 2011.

EFTA and Malaysia to start free trade negotiations - EFTA

Nov 06, http://www.efta.int/free-trade/free-trade-news/2012-11-05-efta-malaysia-launch-fta-neg.aspx

The Member States of the European Free Trade Association (EFTA) - Iceland, Liechtenstein, Norway and Switzerland - and Malaysia today announced the launching of negotiations on a comprehensive free trade agreement between the two sides.

Today's announcement was made in Kuala Lumpur by Federal Councillor Johann N. Schneider-Ammann, Head of the Federal Department of Economic Affairs of Switzerland, on behalf of the EFTA States, and Dato' Seri Mustapa Mohamed, Minister of International Trade and Industry of Malaysia.

The Ministers also witnessed the signing of a "Scoping Paper" setting out terms of reference for the future free trade agreement.

In July 2010, the EFTA States and Malaysia had signed a Joint Declaration on Cooperation, laying the ground for exploratory work in view of free trade negotiations.

Economic relations between the EFTA States and Malaysia

The value of total EFTA-Malaysia merchandise trade (imports plus exports) amounted to USD 1.662 billion in 2011. The EFTA States exported goods to Malaysia worth USD 993 million while imports reached USD 669 million. Imports from Malaysia consisted mainly of machinery, optical/surgical instruments, rubber and plastic articles. EFTA's key exports were machinery, pharmaceutical products, and clocks and watches.

Trade between the two sides has grown robustly in recent years, more than doubling in value over the past decade. Although a fall in bilateral trade flows was registered in 2009 in the aftermath of the global financial crisis, its value rebounded swiftly, increasing by 19.9% in 2010 and by 10.2% in 2011.

EFTA as a trade partner

EFTA has established one of the most extensive networks of preferential trade relations worldwide. In addition to the European Union as the EFTA States' most important economic partner, EFTA's network of 24 free trade agreements currently extends to 33 countries. Free trade negotiations are currently underway with several other partners.

EFTA and Pakistan sign Joint Declaration on Cooperation

Nov 13, http://www.efta.int/free-trade/free-trade-news/2012-11-12-efta-pakistan-joint-declaration-on-cooperation.aspx

Ministers from the Member States of the European Free Trade Association (EFTA) - Iceland, Liechtenstein, Norway and Switzerland - and Pakistan signed a Joint Declaration on Cooperation today. Through the Declaration both sides commit to further enhancing their bilateral economic relations.

The EFTA-Pakistan Joint Declaration on Cooperation was signed on the EFTA side by Össur Skarphéðinsson, Minister for Foreign Affairs and External Trade of Iceland; Aurelia Frick, Minister of Foreign Affairs of Liechtenstein; Roger Ingebrigtsen, State Secretary of the Ministry of Trade and Industry of Norway; and Johann N. Schneider-Ammann, Federal Councillor and Head of the Federal Department of Economic Affairs of Switzerland. Pakistan was represented by Mr Shahid Bashir, Ambassador and Permanent Representative to the World Trade Organisation in Geneva.

Economic relations between the EFTA States and Pakistan

The value of EFTA-Pakistan merchandise trade (imports plus exports) amounted to USD 517 million in 2011. The EFTA States exported goods to Pakistan worth USD 334 million, while imports reached USD 183 million. Imports from Pakistan consisted mainly of textiles and apparel articles. Top exports from the EFTA States included pharmaceutical products, machinery and watches. Trade has more than doubled over the past decade.

Joint Declaration on Cooperation (English) PDF http://www.efta.int/~/media/Documents/legal-texts/free-trade-relations/pakistan/EFTA-Pakistan-Joint-Declaration-on-Cooperation.pdf

EFTA and Palestinian Authority review operation of free trade agreement

Oct 23, http://www.efta.int/free-trade/free-trade-news/2012-10-23-efta-palestine-4th-jc-mtng.aspx

The Joint Committee under the Free Trade Agreement between the EFTA States and the Palestinian Authority convened for the fourth time on 23 October 2012 in Geneva.

Delegations reviewed all areas covered by the free trade agreement, with a focus on the potential for further strengthening trade relations between the two sides, including through technical cooperation. The agreement has been operational since 1999.

The EFTA delegation was headed by Ambassador Remigi Winzap from Switzerland while Mr Ziad Toame, Director General in the Ministry of National Economy, led the Palestinian side.

Bilateral merchandise trade amounted to USD 34 million in 2011, representing an increase of 22% compared to the preceding year. EFTA's main exports to the Palestinian Authority are pharmaceutical products, tobacco and machinery. The primary Palestinian exports to the EFTA States consist of vegetables, fats and oils, and fruit and nuts.

EFTA and Vietnam pursue free trade negotiations

Oct 19, http://www.efta.int/free-trade/free-trade-news/2012-10-19-efta-vietnam-2nd-rnd-fta-neg.aspx

The second round of negotiations between the EFTA States and Vietnam, held on 16-19 October 2012 in Geneva, saw constructive discussions on the full range of topics covered by the draft free trade agreement.

On the basis of a joint feasibility study concluded in 2011 and a Memorandum of Understanding signed by Ministers in the summer 2012, negotiating teams from EFTA and Vietnam continued their work towards a free trade agreement. Further understanding was gained on the approaches proposed by the two sides, and a detailed programme of follow-up work was agreed in preparation of the next round, foreseen in early 2013.

The EFTA team was headed by Mr Sveinung Røren, Deputy Director General of the Trade Policy Department of the Norwegian Ministry of Trade and Industry. Mr Luong Hoang Thai, Director General of the Multilateral Trade Policy Department of the Ministry of Industry and Trade, was spokesperson for Vietnam.

A free trade agreement between EFTA and Vietnam is expected to provide a strong framework for further development of bilateral trade and investment between the two sides. Total EFTA-Vietnam merchandise trade (imports and exports) amounted to USD 2.1 billion in 2011.

EFTA Case E-18/11 - Irish Bank Resolution Corporation Ltd v Kaupþingi hf

Sep 28, http://www.eftacourt.int/index.php/news/detail/case_e_18_11_irish_bank_resolution_corporation_ltd_v_kaupingi_hf/

REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Héraðsdómur Reykjavíkur (Reykjavík District Court), in the case of "Irish Bank Resolution Corporation Ltd and Kaupthing Bank hf." concerning the interpretation of Article 14 of Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions.

EFTA-Hong Kong free trade agreement enters into force

Oct 01, http://www.efta.int/free-trade/free-trade-news/2012-10-01-efta-hongkong-fta-entry-into-force.aspx

Following ratification by all Parties, the free trade agreement between the EFTA States and Hong Kong, China will enter into force on 1 October 2012 for Iceland, Liechtenstein and Switzerland, and on 1 November 2012 for Norway.

The broad-based agreement was signed on 21 June 2011 in Schaan, Liechtenstein. It covers trade in goods (industrial and processed agricultural goods, as well as fish), trade in services, investment, intellectual property rights, government procurement, competition and trade and environment. Bilateral arrangements on basic agricultural products between the individual EFTA States and Hong Kong complement the instruments establishing the free trade area between the two sides, along with a side agreement on labour.

Bilateral merchandise trade between EFTA and Hong Kong amounted to over USD 11 billion in 2011. Top EFTA exports to Hong Kong include watches, precious stones and metals, electrical machinery, pharmaceutical products, optical, medical and surgical instruments as well as fish.

The agreement will further enhance trade and investment relations between the two sides by creating new opportunities for economic operators from both sides. For more information on the agreement please visit the EFTA website www.efta.int/free-trade.

The agreement with Hong Kong is EFTA's third treaty with an Asian partner, following those with Singapore and the Republic of Korea. EFTA's network of free trade agreements currently comprises 24 agreements covering 33 partners outside of the European Union.

EFTA: Case E-15/11 - Arcade Drilling AS v Staten v/Skatt Vest

Oct 3, http://www.eftacourt.int/index.php/news/detail/case_e_15_11_arcade_drilling_as_v_staten_v_skatt_vest/

Judgment in English (and Norwegian) in Case E-15/11 - Arcade Drilling AS v Staten v/Skatt Vest, delivered on 3 October 2012.

The EFTA States and Ukraine promote trade under their Free Trade Agreement - EFTA

Oct 11, http://www.efta.int/free-trade/free-trade-news/2012-10-10-efta-ukraine-export-promotion-seminar.aspx

The Free Trade Agreement between the Member States of the European Free Trade Association (EFTA) - Iceland, Liechtenstein, Norway and Switzerland - and Ukraine entered into force on 1 June 2012. Together, the Parties promoted trade from Ukraine to the EFTA markets at an event on 9 October 2012 in Kyiv.

The United States and East African Community Announce Progress under Trade and Investment Partnership

Oct 19, http://www.ustr.gov/about-us/press-office/press-releases/2012/october/us-eac-announce-progress

Today, 19th October 2012, the East African Community and the United States have taken important steps to advance the U.S.-EAC Trade and Investment Partnership - a new initiative that supports the economic integration of the EAC and enhances the U.S.-EAC trade and investment relationship. This new Partnership is built on the recognition of the important role that trade and investment play in economic and social development including job creation, both in East Africa and the United States.

The EAC and the United States agreed on a framework to move forward on the establishment of a Commercial Dialogue, which will be formally launched in late November 2012.

The EAC and the United States also agreed that their respective technical teams will meet at the soonest possible date for further consultations toward negotiation of a proposed investment treaty and a trade facilitation agreement. The technical teams will further discuss and agree on the trade capacity building assistance, including identification and agreement of priority areas to support the Trade and Investment Partnership. The EAC acknowledged that the United States already provides substantial assistance to the EAC Partner States and the Secretariat, including an additional amount of up to $10 million (ten million United States Dollars) that the United States will provide over the next five years to the EAC Secretariat to support regional economic integration.

As the next step, the EAC Ministers responsible for Trade and Investment, and the U.S. Trade Representative agreed to advance the U.S.-EAC Trade and Investment Partnership within their respective administrations. They also agreed to hold their next Ministerial meeting on the margins of the 2013 AGOA Forum.

Abu Dhabi fund challenges Citi victory in $4 billion arbitration

Nov 09, http://finance.yahoo.com/news/abu-dhabi-fund-challenges-citi-232727811.html

Reuters - A lawyer for Abu Dhabi Investment Authority urged a U.S. judge on Thursday to overturn an arbitration panel's ruling favoring Citigroup Inc (NYS:C) in a dispute over a $7.5 billion investment in Citi during the subprime meltdown.

Algeria-Edison Gas Dispute Sent to Intl. Arbitration

Nov 07, http://www.bedigest.com/NEWS/79521.aspx

The dispute between Algeria's Sonatrach and Italian Edison over gas price was submitted to the international arbitration, said in Algiers a senior official of Sonatrach.

Argentina Judge Embargoes Up to $19 Billion of Chevron Assets - Lawyer

Nov 08, http://www.nasdaq.com/article/argentina-judge-embargoes-up-to-19-billion-of-chevron-assets---lawyer-20121107-01245

Dow Jones Newswires - Ecuadorean indigenous groups have moved a step closer to collecting on a multi-billion-dollar court award against Chevron Corp. (CVX), after a judge embargoed up to $19 billion of the oil company's assets in Argentina, according to a lawyer involved in the case.

Argentina sailing ship Restrained in Port City of Tema

Oct 02, http://mobile.ghanaweb.com/wap/article.php?ID=252245

Earlier today the Superior Court of Judicature granted NML Capital Limited, a commercial creditor of the Republic of Argentina, an injunction and interim preservation order against the sailing ship ARA Libertad, which arrived Monday at Tema port. The order requires the Libertad to remain at Tema pending hearings on the enforcement in Ghana of judgments against Argentina issued by the United States District Court for the Southern District of New York, supported by similar judgments in London. Argentina may obtain release of the ship, however, by posting a bond with the High Court in Accra.

Argentina says to sue Ghana over detained naval tall ship

Nov 14, http://www.chicagotribune.com/news/sns-rt-us-ghana-argentina-shipbre8ab0ub-20121112,0,2979065.story

Reuters - Argentina vowed to file suit against Ghana at a United Nations maritime tribunal on Wednesday if the country does not release a tall sailing ship seized after creditors won a court order to keep the vessel in port.

Argentina Shale Gas Investment Hinges On Stable Regulations - Executives

Oct 19, http://www.foxbusiness.com/news/2012/10/19/argentina-shale-gas-investment-hinges-on-stable-regulations-executives/

Argentina needs stable regulations to attract the investment needed to develop its vast unconventional oil and gas resources, according industry participants. "Shale gas and tight oil have big potential, but billions of dollars in investment are needed," Daniel Gerold, director of G&G Energy Consultants, said at a summit of business leaders Friday.

Argentina: Even With All That Oil, It's a Tough Sell - Michael J Economides

Oct 26, http://www.energytribune.com/64050/argentina-even-with-all-that-oil-its-a-tough-sell

Last month, YPF SA's CEO Miguel Galuccio took his dog and pony show on the road, seeking US and European energy partners whose engineering expertise and financial resources are indispensable in its $37.2 billion plan to develop Argentina's vast unconventional energy reserves. But after 40 meetings with 70 businesses and investors in Houston, Los Angeles, Boston, New York and London, there were no new investors to be found.

Argentina: Vieira vessels prevented from setting sail

Nov 15, http://www.fis.com/fis/worldnews/worldnews.asp?monthyear=&day=15&id=56858&l=e&special=&ndb=1%20target=

The insolvency administration of Vieira Argentina asked authorities of the Prefecture of Puerto Deseado to prohibit seven ships belonging to the Argentinean subsidiary of the Galician Group Eduardo Vieira from setting sail. This company was expropriated in September by the Government of the province of Santa Cruz and is now being managed by the Maritime Workers' Union (SOMU).

Related: "Vieira expropriation approved" Sep 7, http://www.fis.com/fis/worldnews/worldnews.asp?l=e&id=55175&ndb=1

On Wednesday, and by majority, the House of Representatives of the province of Santa Cruz approved the project to expropriate the Galician group Eduardo Vieira and its subsidiary Vieira SA.

Argentines Showed Guns to Keep Ship From Being Moved in Ghana

Nov 09, http://www.nytimes.com/reuters/2012/11/09/world/americas/09reuters-argentina-bonds-ghana-ship.html?ref=reuters&_r=0

Reuters - The crew aboard an Argentine military training vessel displayed their weapons to keep port authorities in Ghana from forcibly boarding the ship this week to move it to another berth, the Argentine Defense Ministry said on Friday.

Austria: Spindelegger: "Important step towards opening the Nigerian export market" / Austria concludes investment protection agreement with Nigeria

Nov 12, http://newscuss.com/2012/11/12/spindelegger-important-step-towards-opening-the-nigerian-export-market-austria-concludes-investment-protection-agreement-with-nigeria/

African Press Organization (APO) -- Austrian Vice-Chancellor, Foreign Minister Michael Spindelegger was pleased that the bilateral agreement on promoting and protecting investments between Austria and Nigeria was initialled at the Ministry today after extended negotiations: "My visit to Nigeria last June also had a distinct economic background. I am happy that we have succeeded in closing the investment agreement with my Nigerian ministerial colleague Olugbenga Ashiru as agreed during my visit."

...

It is planned to officially sign the agreement during a visit of the Nigerian Minister of Foreign Affairs to Austria in 2013.

Bahrain Chamber for Dispute Resolution (BCDR) team attends Delhi forum - Bahrain to host 2012 AIPN conference

Oct 22, http://www.gulf-daily-news.com/NewsDetails.aspx?storyid=340194

Delegates from the Bahrain Chamber for Dispute Resolution (BCDR) attended the annual Association of International Petroleum Negotiators (AIPN) Dispute Resolution in the International Oil and Gas Business Conference which was held in New Delhi.

In November 2013, the AIPN conference will be sponsored by the BCDR and will be held in Manama where more than 200 leading professionals will gather to discuss the issues affecting the oil and gas industry.

Bahrain to play major arbitration role

Oct 22, http://www.gulf-daily-news.com/NewsDetails.aspx?storyid=340190

"Ten years ago, there were no cases coming out of Bahrain," said ICC International Court of Arbitration secretary general Jose Ricardo Feris. "Over the last five years, more than 40 parties have participated from Bahrain and in 2011, six cases were seated in the country."

Bahrain: Batelco, regulator settle three-year dispute

Nov 01, http://www.itp.net/591065-batelco-regulator-settle-three-year-dispute

Telecoms operator Batelco said on Wednesday that a long-running dispute with Bahrain's regulator relating to giving rivals access to international cable facilities, has been resolved through an arbitration process.

The telco said in a statement that a BD5.238m ($13.89m) fine imposed by the Telecommunications Regulatory Authority (TRA) on Batelco back in 2009 had been reduced to BD750,000.

Bangladesh: Niko-Petrobangla disputes - ICSID to pronounce verdict soon

Nov 01, http://www.thefinancialexpress-bd.com/index.php?ref=MjBfMTFfMDFfMTJfMV85MF8xNDg0Nzk=

"The ICSID has informed us in early this month (October) that it would pronounce the verdict soon," the Petrobangla official said.

BC First Nations considering legal challenge against Canada-China investment agreement

Nov 06, http://www.firstperspective.ca/news/2284-bc-first-nations-considering-legal-challenge-against-canada-china-investment-agreement

Grand Chief Stewart Phillip, head of the Union of B.C. Indian Chiefs says Canada breached its fiduciary duty to consult before it embarked on negotiating its Foreign Investment Promotion and Protection Agreement (FIPA) with China which could have significant impacts on Aboriginal and Treaty rights. Phillip said the agreement has created widespread concern among First Nations leaders and taking the issue to court is an option currently on the table.

Bhutan's public and private sectors meet in Thimphu to validate UNCTAD investment guide for the country

Oct 08, http://unctad.org/en/pages/newsdetails.aspx?OriginalVersionID=316&Sitemap_x0020_Taxonomy=Investment%20Guides;

The guide is a joint publication between UNCTAD and the International Chamber of Commerce, and is aimed at raising awareness among the global investment community of the opportunities and conditions for investment in Bhutan.

Bolivia: No compensation for seized South American Silver (SAS, Canadian) mine

Oct 04, http://www.theglobeandmail.com/report-on-business/international-business/latin-american-business/no-compensation-for-seized-canadian-mine-bolivia/article4586391/

Bolivia ruled out paying compensation to South American Silver (SAS) on Wednesday, two months after its leftist government nationalized a mine operated by the Canadian firm.

"The nation has no financial obligation to South American Silver," Mining Minister Mario Virreira told reporters.

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Bolivia: South American Silver Notifies Bolivian Government of an Investment Dispute over the Expropriation of Malku Khota Mining Concessions

Oct 23, http://www.soamsilver.com/october-23-2012-news-release.asp

23 October, 2012 - Vancouver, British Columbia - South American Silver Corp. (TSX: SAC, US OTC: SOHAF) announced today that its wholly-owned subsidiary, South American Silver Limited, has delivered a formal letter to the Plurinational State of Bolivia notifying it of an investment dispute between South American Silver and Bolivia. The dispute has arisen as a result of acts of the Government of Bolivia including the issuance of Supreme Decree No.1308 on August 1, 2012. The Decree revoked mining concessions held by Compañia Minera Malku Khota S.A. (CMMK), a wholly-owned subsidiary of South American Silver Limited.

South American Silver Limited is a protected investor under the Bilateral Investment Treaty between the Government of the United Kingdom and the Government of Bolivia, and the actions of the Bolivian Government are in violation of that Treaty and of international law. Notification of the investment dispute triggers a six-month cooling-off period during which the disputing parties may negotiate a settlement. If settlement cannot be reached within the cooling-off period, South American Silver intends to file for international arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) claiming full compensation based on fair market value of the Malku Khota project.

Phillip Brodie-Hall, President and CEO of South American Silver said, "We had made significant investments in Bolivia leading to the discovery of the Malku Khota silver-indium gallium deposit to which we added substantial value through the application of our exploration expertise and our unique processing technology. It is most unfortunate that development of the project has been cut short by the nationalization of our concessions but we are confident that the international arbitration process gives us the means to recover the full value of our project."

Brazil refinery makes counteroffer to avert expropriation

Oct 23, http://uk.reuters.com/article/2012/10/22/manguinhos-expropriation-idUKL1E8LM2XC20121022

- Refinery offers to sell part of land for $173 mln; - Manguinhos says offered land does not need clean-up; - Brazilian state issued expropriation order last week.

Brazil's Manguinhos refinery halts trading on expropriation news

Oct 16, http://www.reuters.com/article/2012/10/15/brazil-refinery-manguinhos-idUSL1E8LF4H520121015

Reuters: - Manguinhos is only non-Petrobras refinery in Brazil; - State wants refinery land to build public housing; - Expropriation expected to cost $83.3 million.

Brazil's Manguinhos refinery wins order blocking share trading

Oct 18, http://www.reuters.com/article/2012/10/18/manguinhos-expropriation-injuction-idUSL1E8LI6ZT20121018

- Refinery expropriation order led to trading halt; - Common, preferred shares last traded October 11; - Refinery forced to end Sinopec tank talks - report.

Brazil's Rio State Rejects Manguinhos Offer, Will Expropriate Land

Oct 24, http://www.foxbusiness.com/news/2012/10/23/brazil-rio-state-rejects-manguinhos-offer-will-expropriate-land/

Brazil's Rio de Janeiro state plans to seize all lands belonging to oil refiner Refinaria de Petroleos de Manguinhos SA (RPMG3.BR, RPMG4.BR) as part of a revitalization plan for the area, rejecting a company proposal that would have allowed the refinery to continue operations.

Bulgaria: 9 Firms Form US Consortium Bidding for Belene NPP

Sep 27, http://www.novinite.com/view_news.php?id=143581

A total of nine companies are involved in the largely unknown US entity called "Global Power Consortium", which has announced its desire to purchase Bulgaria's abandoned Belene NPP project, Bulgarian financier Emil Harsev announced.

Bulgaria: Predictable and transparent regulatory environment important to investment, US ambassador to Bulgaria says

Oct 31, http://sofiaglobe.com/2012/10/30/predictable-and-transparent-regulatory-environment-important-to-investment-us-ambassador-to-bulgaria-says/

"I know that the AmCham played a leading role in the negotiation of the taxation treaty to the benefit of many of the companies in this room and to many American and Bulgarian citizens residing abroad," Ries said.

Bulgaria: Rosatom 'Open' for Nuclear Arbitration Suit Compromise with Bulgaria

Oct 22, http://www.novinite.com/view_news.php?id=144386

Russia's state nuclear corporation Rosatom has made it clear it is "open" for talks and out-of-court settlement with Bulgaria over a EUR 1 B international arbitration suit over the terminated project for a second Bulgarian nuclear power plant in the Danube town of Belene.

Burkina Faso: Endeavor Financial Corporation update regarding arbitration relating to the termination of a drill blast contract

http://member.afraccess.com/media?id=CMN://3A379041&filename=20120918/EVR_01334203.pdf

On May 17, 2010 Endeavour received a notice of arbitration from Burkina Faso Mines Services S.A. ("BFMS") relating to the termination of a drill blast contract at the Youga Gold Mine in December 2009. The arbitration hearing took place in London, England in March 2012 and post-hearing briefs were filed on April 5, 2012. BFMS is claiming payments and damages totaling US$9.3 million plus accrued interest and exchange rate adjustments. BFMS has also requested the arbitrator to grant injunctive relief to prevent Endeavour and Burkina Mining Company from claiming under a performance guarantee provided by BFMS' parent company, EPC Groupe. Endeavour has submitted a counter-claim totaling US$1.7 million plus interest plus costs relating to additional costs incurred by Endeavour to have the drill blast contract completed by another contractor. Endeavour is of the view that BFMS' claim is without merit. No accrual for this contingency has been made in the financial statements. The arbitrator has asked the parties to submit their costs by way of affidavit. The affidavits were submitted in mid-June 2012. The arbitrator's decision is expected during Q3 2012.

Burkina Faso: New flare-up in Tambao ownership fight [subscription]

Sep 19, http://www.africaintelligence.com/AMA/exploration-production/2012/09/19/new-flare-up-in-tambao-ownership-fight,107883244-EVE

The decidedly complicated issue over who owns the Tambao manganese project has reared its head once again in Ouagadougou.

http://www.jeuneafrique.com/Article/ARTJAWEB20120210160200/

Burkina Faso: Tambao Project Arbitration Proceedings - Favourable Preliminary Decisions in Tambao Project Arbitration Proceedings for Weatherly International PLC

Oct 23, http://www.weatherlyplc.com/news-item?item=1183909882667004

Weatherly announce that preliminary decisions have been issued in arbitration proceedings before the International Chamber of Commerce (ICC), favourably affecting Weatherly's rights with respect to the Tambao manganese deposits in Burkina Faso ('the Tambao Project').

In June 2007, Weatherly entered into an agreement with Wadi Al Rawda Investments LLC ('Wadi'), which held the rights to exploit the Tambao Project pursuant to an agreement with the Government of Burkina Faso ('Burkina Faso') dated 3 April 2007 ('the Agreement'). Weatherly, on behalf of Wadi, completed a feasibility study and submitted it to Burkina Faso in September 2008.

Burkina Faso has since refused to recognise Wadi's rights to the Tambao Project and has attempted to negotiate the project with various third parties. As a result, Wadi commenced arbitration proceedings before the ICC in Paris to enforce its exclusive rights under the Agreement in August 2011.

Burkina Faso argued that the arbitration was inadmissible.

In August 2012, Burkina Faso also sought to award the rights to the Tambao Project to Pan African Minerals Limited ('Pan African') in exchange for a purported total investment of US$ 650 million.

The ICC Tribunal hearing the proceedings has recently issued a preliminary decision dismissing Burkina Faso's position that the arbitration is inadmissible and confirming that the arbitration will go forward. A final decision on the merits is expected for 2014. The ICC Tribunal has also indicated that notwithstanding the Pan African agreement, all options for the resolution of the ICC arbitration proceedings, including the recognition of Wadi's existing rights to the Tambao Project, remain open.

The Tribunal has expressly indicated that Burkina Faso would therefore implement the agreement with Pan African at its own risk and peril pending the determination of the arbitration proceedings.

Burma: Myanmar president signs long-awaited foreign investment law

Nov 05, http://www.reuters.com/article/2012/11/02/us-myanmar-investment-idUSBRE8A10U120121102

Reuters - Myanmar's president signed a foreign investment law, state television reported on Friday, clearing the way for overseas companies to commit funds to the country after long delays.

Canada's FIPA treaty with China and what it means

Oct 16, http://www.canadianbusiness.com/article/102020--canada-s-fipa-treaty-with-china-and-what-it-means

It may seem auspicious, coming as it does while the federal government ponders approval of China National Offshore Oil Co.'s $15-billion purchase of Calgary-based Nexen, but the new investment agreement with China that is soon to be ratified in Parliament was actually 18 years in the making.

Canada's top court won't hear Crystallex appeal

Sep 27, http://in.reuters.com/article/2012/09/27/crystallex-ruling-idINL1E8KPJBD20120927

Reuters - The Supreme Court of Canada said on Thursday it will not hear an appeal from noteholders of Crystallex International, who were trying to overturn lower court decision approving the Canadian gold miner's debtor-in-possession financing.

Canada, Tanzania conclude deal to boost economic, social cooperation - bilateral Foreign Investment Promotion and Protection Agreement (FIPA)

Oct 11, http://www.globaltimes.cn/content/736636.shtml

Canadian Prime Minister Stephen Harper said Thursday that Canada and Tanzania have reached an accord on the bilateral Foreign Investment Promotion and Protection Agreement (FIPA).

Canada-Jordan Free Trade Agreement came into force on October 1, 2012

Oct 1, http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/jordan-jordanie/index.aspx?lang=eng&view=d

The Canada-Jordan Free Trade Agreement (FTA), the Labour Cooperation Agreement and the Agreement on the Environment came into force on October 1, 2012.

Canada: Arbitration Committee Confirms Termination of Joint Venture Agreement and 100% Ownership of Antilla Copper/Molybdenum Project by Panoro

Sep 27, http://www.panoro.com/s/NewsReleases.asp?ReportID=549941&_Type=News-Releases&_Title=Arbitration-Committee-Confirms-Termination-of-Joint-Venture-Agreement-and-1...

Panoro Minerals Ltd. Panoro is pleased to announce that the two year long arbitration process for the Antilla Project Joint Venture Agreement has concluded with the receipt of the final ruling of the arbitration committee. The committee has ruled that Panoro's termination of the Joint Venture Agreement with Chancadora Centauro S.A.C on September 16, 2010 was legal and that Panoro retains a 100% interest in the Antilla Project.

The arbitration committee ruled that Panoro followed the contractual procedures defined in the Joint Venture Agreement in its termination of the agreement following a lack of payment by Chancadora Centauro S.A.C. The decision of the arbitration committee is binding and may not be appealed.

Luquman Shaheen, President & CEO of Panoro states, "We are very pleased that the arbitration committee has ruled in Panoro's favour and we look forward to preparing our next plans for the Antilla Project. Together with the Cotabambas Project, the company looks forward to advancing both of its 100% owned copper projects in the prolific Andahualyas-Yauri copper belt of Peru."

Canada: FIPA hysteria much ado about nothing

Oct 26, http://www.mjtimes.sk.ca/Canada%20-%20World/News/2012-10-26/article-3108443/FIPA-hysteria-much-ado-about-nothing/1

A cross-country letter writing campaign is taking aim at the recently negotiated Canada-China Foreign Investment Promotion and Protection Agreement (FIPA).

Canada: New Brunswick Premier Alward confirms federal pressure to ratify ICSID

Oct 02, http://business.financialpost.com/2012/10/02/new-brunswick-premier-alward-confirms-federal-pressure-to-ratify-icsid/

"The federal government has encouraged all provinces and territories that have not yet done so to pass legislation for the implementation of the convention within their jurisdiction," Alward wrote in a recent e-mail to The Council of Canadians.

Canada: Nordion Provides Update on MAPLE Arbitration Costs Proceedings

Oct 23, http://news.nordion.com/phoenix.zhtml?c=68761&p=irol-newsarticle&ID=1747994

OTTAWA, Ontario--(BUSINESS WIRE)--Oct. 22, 2012-- Nordion Inc. (TSX: NDN) (NYSE: NDZ) today provided an update regarding proceedings to determine the potential award of costs from Atomic Energy of Canada Limited (AECL) associated with Nordion's arbitration with AECL over the cancelled MAPLE project.

On September 10, 2012, Nordion stated that in the arbitration tribunal's decision, the arbitrators had yet to decide on the issue of arbitration-related costs, and requested that Nordion and AECL make submissions within 30 days. Nordion had previously indicated that it may be responsible for a portion of AECL's costs, which could be material.

Nordion and AECL have agreed upon a schedule with the tribunal to determine the allocation of arbitration-related costs. The parties are expected to make submissions with regard to costs, following which the tribunal is expected to hold proceedings to hear both parties during the Company's second fiscal quarter of 2013. Nordion expects to receive a decision thereafter. The Company intends to provide an update on this issue as more information becomes available.

Canada: The Rush to Ratify: BC Rejected International Investment Deal in '98 and Should Do So Again

Oct 25, http://www.desmogblog.com/2012/10/25/rush-ratify-bc-rejected-international-investment-deal-98-and-should-do-so-again

The legislative committee recommended that "when negotiating the MAI or any future investment treaty, the federal government must ensure that the agreement does not apply to matters within provincial jurisdiction, including local government measures, without the express consent of the Legislative Assembly of British Columbia...If the federal government fails to provide for such consent, then the provincial government should explore all means, including legal action, to defend vigorously its own jurisdictional rights and those of local governments to represent the interests of British Columbians."

Canada: Tories defeat last minute push for hearings on Canada-China investment treaty

Oct 26, http://www.theglobeandmail.com/news/politics/tories-defeat-last-minute-push-for-hearings-on-canada-china-investment-treaty/article4661921/

Conservative MPs defeated a last minute push for Parliamentary hearings on a Canada-China investment treaty, which cabinet will be able to enact into law within days.

CEDR: Hong Kong mediatior panel created in response to local demand

Oct 20, http://www.cedr.com/news/?402

Today CEDR Asia Pacific a division of the Centre for Effective Dispute Resolution, which a year ago opened a new operational base in Hong Kong, is launching a panel of 22 mediators in response to the increasing frequency of local requests for CEDR´s dispute resolution services, in addition to its training.

Chevron Subsidiaries Appeal Asset Embargo in Argentina

Nov 12, http://www.hispanicallyspeakingnews.com/notitas-de-noticias/details/chevron-subsidiaries-appeal-asset-embargo-in-argentina/19786/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+HSN-Global-Feed+%28HSN+Global+RSS+Feed%29

The subsidiaries - Chevron Argentina and Ing. Norberto Priu - argued in their appeal that the embargo is "not applicable due to the existence of widely documented fraud perpetrated by the plaintiffs, as well as the lack of jurisdiction and erroneous application of the law," Chevron's spokesman for Latin America, James Craig, told Efe Friday.

Chevron: Supreme Court Won't Hear Chevron's Claims; Underlying Merits Unaffected By Ruling

Oct 10, http://www.theamazonpost.com/in-the-news/supreme-court-wont-hear-chevrons-claims-underlying-merits-unaffected-by-ruling

While Chevron is disappointed that the Court denied the petition, Chevron will continue to defend against the plaintiffs' lawyers' attempts to enforce the fraudulent Ecuadorean judgment, to further expose their misconduct in the pending RICO case in New York, and in other proceedings.

European experts suggest international arbitration for East Sea dispute

Oct 24, http://www.thanhniennews.com/index/pages/20121024-europe-experts-suggest-international-trial-to-end-east-sea-disputes.aspx

Panelists at a recent conference on the East Sea held in Paris said China has no legal claim to sovereignty over large parts of the sea, and Vietnam and other countries involved should take it to an international court.

China turns to courts in business disputes with western governments

Oct 04, http://www.theglobeandmail.com/report-on-business/china-turns-to-courts-in-business-disputes-with-western-governments/article4590246/

Backed by Beijing's order to invest abroad, Chinese firms are shedding their political caution and becoming increasingly aggressive in launching legal actions to defend their interests against western governments.

China: Experts call for protecting overseas investment

Sep 28, http://www.chinadaily.com.cn/china/2012-09/28/content_15789071.htm

Experts urged investment destination countries to guarantee legitimate interests of Chinese investors in accordance with laws and agreements against the pressure from the slowing economic recovery.

Foreign governments should adhere to the principle of fairness when dealing with investment disputes, especially in the economic downturn, said Wang Zhile, director of The Research Center on Transitional Corporation. He was commenting on a Chinese company's billion-dollar investment loss.

Ping An Insurance Company of China (Ping An), China's second largest insurer, filed an arbitration claim with the International Center for Settlement of Investment Disputes (ICSID) against Belgium after two years of negotiations with Belgian government.

China: Nansha International Arbitration Center inaugurated

Oct 26, http://www.newsgd.com/news/GDNews/content/2012-10/26/content_56949461.htm

On October 23, 2012, the Inauguration Ceremony of the Nansha International Arbitration Center was held in Nansha District, Guangzhou.

The center was jointly established by the Administrative Committee of the Nansha Development Zone, the Guangzhou Arbitration Commission, the Hong Kong International Arbitration Center and the World Trade Center Macau Arbitration Center. The inauguration and formal operation of the center imply that the business environment of Nansha New Area has been further geared to the international practice.

The center will, in accordance with the UNCITRAL Model Law on International Commercial Arbitration as well as the arbitration rules of Hong Kong and Macau, formulate the arbitration rules of the center. Where an agreement is reached between the two parties involved, the arbitration rules and business rules applicable to some regions including Hong Kong and Macau, as well as some foreign languages including English and Portuguese may be selected for arbitration. The arbitration awards are applicable worldwide.

Chinese companies can sue BC for changing course on Northern Gateway, says policy expert [G. van Harten]

Oct 15, http://www.vancouverobserver.com/sustainability/chinese-companies-can-sue-bc-changing-course-northern-gateway-says-policy-expert

The Canada-China Foreign Investment Promotion and Protection Act (FIPPA), which will come into effect at the end of October, is Canada's biggest foreign trade treaty since NAFTA. What are its implications for BC?

Chinese wind firm sues over US president's prohibition order

Oct 03, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/ElectricPower/6667270

A Chinese company has filed suit in a US district court against the US government and President Barack Obama, alleging that an order signed Friday by the president to dismantle its four wind farms in Oregon violated its constitutional right of due process.

Congo's Gecamines to buy out George Forrest Int'l venture stake

Sep 26, http://af.reuters.com/article/investingNews/idAFJOE88P00J20120926

Reuters - GFI's parent Enterprise Generale Malta Forrest (EGMF) took Gecamines to arbitration in Paris last year over allegations that it was illegally trying to appropriate the company's 60 percent stake in the venture, CMSK, by forcing a $15 million sale.

"Conclusion: The DRC is hugely risky for investors but the settlement shows that the prospect of international arbitration can force corrupt government agencies to pay substantial compensation."

-- http://www.proactiveinvestors.co.uk/columns/fairfax-i-s/10717/fairfax-marketing-report-including-afferro-mining-bullabulling-gold-richland-resources-stellar-diamonds-and-others-10717.html

CRCICA's recent caseload

Oct 05, http://www.crcica.org.eg/newsletters/nl201202/crnl22012a001.html

The total number of arbitration cases filed before CRCICA until 15 July 2012 reached 840 cases. In the first half of 2012, 48 new arbitration cases were filed, scoring as such 60% annual increase compared to the first half of 2011 (30 cases).

Czech - Sri Lanka on bilateral talks

Nov 01, http://www.asiantribune.com/news/2012/10/31/czech-%E2%80%93-sri-lanka-bilateral-talks

Sri Lanka's Deputy Minister of External Affairs, Neomal Perera met with his Czech counterpart . Thomas Dub and senior officials of the Czech Republic to discuss issues of mutual interest, including cooperation in economic, trade, cultural, education and scientific areas.

Czech Republic: Activists protest CSSD's position on mining bill

Oct 11, http://praguemonitor.com/2012/10/11/activists-protest-%C4%8Dssds-position-mining-bill

CTK - Greenpeace activists Wednesday symbolically "expropriated" the opposition Social Democrats' (CSSD) headquarters in Prague in protest against the party's reluctance to back an amendment to the mining law that would scrap the chance to expropriate people for the sake of coal mining.

Denmark firm [MT Hojgaard A/S] sues Vietnam over tardy ODA project [ICA, Paris]

Nov 14, http://www.tuoitrenews.vn/cmlink/tuoitrenews/business/denmark-firm-sues-vietnam-over-tardy-oda-project-1.92001

Vietnam's project management board in Bac Giang City in the north has to pay EUR1.15 million (US$1.4 million) in compensation to a Demark contractor for finishing an ODA-funded environmental project one year later than planned.

...

According to the construction ministry, MTH has asked the International Court of Arbitration to temporarily suspend the litigation until December 3, 2012. If the Vietnamese side has not paid the EUR1.15 million sum by that date, the Paris court will proceed with the lawsuit.

Dominican Republic: El Estado dominicano condenado a pagar 1 millón de dólares a empresa española

Nov 12, http://feeds.univision.com/feeds/article/2012-11-12/el-estado-dominicano-condenado-a

[Machine translation] An arbitration tribunal sentenced the Dominican Republic to pay compensation of one million dollars in damages to the Spanish company Azucarera Porvenir, having breached a lease agreement signed in September 2010 with this company. The resolution states that the Dominican State and the State Sugar Council (CEA) failed delivery of some 6,300 hectares leased to Sugar Porvenir for growing sugarcane in San Pedro de Macoris (southeast).

Dubai plans real estate arbitration centre

Oct 13, http://www.sohbetna.com/business/articles/dubaiplansrealestatearbitrationcentre/

The Dubai Real Estate Arbitration Centre, launched on the sidelines of Cityscape Global, will work to impartially resolve property disputes and will hire internationally recognised real estate arbitrators, a statement said.

A draft law to establish the centre has been sent to the Executive Committee for approval.

Dubai: Meydan sues arbitration panel in Arabtec dispute

Oct 19, http://www.ft.com/intl/cms/s/2/3fc7cb4a-1959-11e2-9b3e-00144feabdc0.html

Meydan has launched legal action in the Dubai Courts against the three-member arbitration tribunal appointed to rule on its dispute with Arabtec Construction and WCT Berhard, Bader Suleiman, legal advisor to the chairman of Meydan, told dealReporter.

"We have sued the tribunal individually in the courts, seeking damages of AED 60m (USD 16.3m) jointly and severally against the three tribunal members," Suleiman said. The panel, appointed by the Dubai International Arbitration Centre (DIAC), consists of Stephen Furst QC, Humphrey Lloyd QC, and Professor Doug Jones, Suleiman said.

Oxy vs. Ecuador - Ecuador Rejects the Award of the Tribunal and Studies Possibilities for Cancellation

Oct 5, http://www.pge.gob.ec/es/rotativo/1918-estado-ecuatoriano-rechaza-el-laudo-de-mayoria-del-tribunal-arbitral-y-estudia-posibilidades-de-su-anulacion.html

PRESS RELEASE - Today, the Attorney General `s Office was informed with the final liability and damages award, issued by the ArbitratrionTribunal constituted under the Convention on the Settlement of Investment Disputes (ICSID) which settled the complaint filed by oil company Occidental (OXY) against Ecuador for the declaration of caducidad of the Participation Contract for the Exploration and Exploitation of Block 15, issued by the the Ministry of Energy and Mines under the administration of Alfredo Palacio, on 15 May 2006.

The decision was not unanimous, as one member of the Tribunal, Professor Brigitte Stern, issued a vigorous dissenting opinion.

While the transnational oil company sought a judgment of 3.37 billion, the award recognizes compensation in favor of the company for 1.77 billion plus interest, arguing that Ecuador breached the Bilateral Investment Treaty signed between Ecuador and the United States (BIT) by not granting fair and equitable treatment to OXY's investments, and for having expropriated this investment in declaring caducidad of the Block 15 contract.

However, the Tribunal also concluded that the oil company breached the Participation Contract by failing to obtain an authorization from then Ministry of Energy and Mines for the transfer of rights via the Farmout Agreement signed in October 2000, with Canadian company Alberta Energy Corporation (AEC).

In this regard, Dr. Diego Garcia Carrion, Attorney General of the Republic of Ecuador, was emphatic in stating that "Ecuador categorically rejects this award, as the caducidad of the contract with Occidental was issued in compliance with our internal legislation and the contract in force. The State's defense team is analyzing the award in order to identify possible measures against this decision, without excluding, of course, be annullment."

"Despite this court decision, the Ecuadorian state and its institutions confirm their respect towards domestic and international law," he said.

Given the complexity and scope of the award, which is about 350 pages in length and merits a detailed legal analysis, the Attorney General will offer a press conference on Monday, October 8 at 10h30.

Dr. Diego Garcia Carrion "Ecuador has been respectful of international law"

Sep 28, http://www.pge.gob.ec/es/rotativo/1910-el-estado-ecuatoriano-respeta-el-ordenamiento-juridico-internacional.html

PROCURADOR GARCÍA: "EL ESTADO ECUATORIANO RESPETA EL ORDENAMIENTO JURÍDICO INTERNACIONAL"

El Procurador General del Estado, doctor Diego García Carrión, cumplió esta semana una intensa agenda de reuniones en los Estados Unidos de América, en donde se reunió con los equipos de abogados de los estudios jurídicos que tienen a su cargo la defensa de las controversias del Estado ecuatoriano en jurisdicción internacional, con el objetivo de coordinar estrategias y acciones a adoptarse dentro de estos procesos, entre los que se destacan por su importancia, las demandas de las petroleras Chevron y Occidental.

Ecuador counting on LatAm support in wake of World Bank judgment

Oct 10, http://latino.foxnews.com/latino/news/2012/10/10/ecuador-counting-on-latam-support-in-wake-world-bank-judgment/

Ecuadorian Foreign Minister Ricardo Patiño said Wednesday his nation is counting on regional solidarity after a World Bank panel ordered Quito to pay more than $1.7 billion in damages to U.S. oil company Occidental Petroleum for terminating its contract in 2006.

Ecuador Court Awards $200 Million in Chevron Receivables to Plaintiffs

Oct 18, http://www.foxbusiness.com/news/2012/10/16/ecuador-court-awards-200-million-in-chevron-receivables-to-plaintiffs/

Dow Jones Newswires - According to the order, issued Monday by Judge Wilfrido Erazo Araujo and reviewed Tuesday by Dow Jones Newswires, Chevron trademarks affected include Texaco, Ursa, Havoline, Doro, Geotex, Meropa, Motex, Multigear, Regal, Toro, Texathern, Thuban, and others. All are used in Ecuador under licensing arrangements with local distributors.

Order is available here on TDM https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=8464 and OGEL www.ogel.org/legal-and-regulatory-detail.asp?key=8464

Ecuador Ordered to Pay $1.7 Billion for Oil Contract Termination

Oct 07, http://www.laht.com/article.asp?ArticleId=602287&CategoryId=14089

The ruling, published Friday on the Washington-based World Bank arbitration tribunal's Web site, said Ecuador's decision to terminate Oxy's contract for an oil block in the Amazon region was "tantamount to expropriation."

Ecuador Preparing to Contest ICSID's Award to Occidental

Oct 08, http://www.nasdaq.com/article/ecuador-preparing-to-contest-icsids-award-to-occidental-20121008-00876

Dow Jones - QUITO - Ecuador's Attorney General said Monday his office is preparing the legal basis to contest an international court ruling that ordered the country to pay $1.77 billion plus interest to Occidental Petroleum Corp. (OXY).

Ecuador Says It Expects Ruling in Occidental Case This Week

Oct 02, http://www.foxbusiness.com/news/2012/10/01/ecuador-says-it-expects-ruling-in-occidental-case-this-week/

QUITO, Ecuador--The World Bank's International Center for Settlement of Investment Disputes is expected to rule this week on a case brought by U.S. oil company Occidental Petroleum Corp. (OXY) against Ecuador, Ecuador's Attorney General Diego Garcia said Monday.

See also Dr. Diego Garcia Carrion "Ecuador has been respectful of international law" http://www.pge.gob.ec/es/rotativo/1910-el-estado-ecuatoriano-respeta-el-ordenamiento-juridico-internacional.html

Ecuador Seeks Annulment of International Court Ruling in Occidental Case

Oct 10, http://www.4-traders.com/OCCIDENTAL-PETROLEUM-CORP-13928/news/Ecuador-Seeks-Annulment-of-International-Court-Ruling-in-Occidental-Case-15321894/

"The request for the annulment was filed yesterday," a spokesperson from the Attorney General's office said Wednesday.

Ecuador sets up special website for Oxy-Ecuador Case 2006-2012

Oct 4, http://www.oxyblogpge.com.ec/

Visit the website at http://www.oxyblogpge.com.ec/

Ecuador Villagers Seek $2 Billion of Chevron Assets In Argentina

Nov 02, http://chevrontoxico.com/news-and-multimedia/2012/1101-ecuador-villagers-seek-2-billion-of-chevron-assets-in-argentina

Buenos Aires, Argentina - Indigenous groups and villagers from Ecuador are filing suit today to freeze an estimated $2 billion of Chevron assets in Argentina to help pay for a remediation of the extensive toxic pollution left by the oil giant on their ancestral lands in the Amazon rainforest, representatives of the communities announced.

Ecuador's Embargo Ruling Has No Foundation; Puts Republic in Further Breach of International Law - Chevron

Oct 19, http://www.theamazonpost.com/news/ecuadors-embargo-ruling-has-no-foundation-puts-republic-in-further-breach-of-international-law

On October 15, the Lago Agrio court in Ecuador granted a plaintiffs' motion seeking the embargo of various assets associated with Chevron subsidiaries. This court order is a departure from Ecuadorian law and has no justifiable foundation.

Ecuador: Chevron fails to block $18 billion Ecuador judgment

Oct 09, http://www.chicagotribune.com/business/sns-rt-us-usa-court-ecuadorbre8980uq-20121009,0,2235145.story

WASHINGTON (Reuters) - Chevron Corp on Tuesday lost a U.S. Supreme Court bid to block an $18.2 billion judgment against it in Ecuador in a case over pollution in the Amazon jungle.

Ecuador: Chevron Subpoenas Google and Others for Private Email Info

Nov 03, http://www.motherjones.com/environment/2012/11/chevron-subpoenas-google-and-others-private-email-info

After two decades of contentious court battles, a group of indigenous Ecuadorian communities clinched a $19 billion judgment against Chevron in 2011 for the destruction its subsidiary Texaco oversaw in the Amazon rainforest. Chevron has fought bitterly against the enforcement of the payout-one of the largest ever handed down in an environmental suit-and is attempting to build up evidence for a fraud case it's leveling against the Ecuadorians, their legal advisor, and his associates.

Ecuador: Interview with the Ecuador Decide Network (Oxy vs. Ecuador)

Nov 01, http://justinvestment.org/2012/10/icsid-orders-ecuador-to-pay-1-7-billion-to-occidental-petroleum-interview-with-the-ecuador-decide-network/

For this reason, Network for Justice in Global Investment (NJGI) decided to contact Ecuador Decide to hear their perspective on the case. Ecuador Decide is a network of diverse social organizations that was formed in 2004 to prevent the signing of a free trade agreement between Ecuador and the United States. Among other things, they are currently keeping track of the EU-Ecuador Association Agreement negotiations, which according to the network is a free trade agreement in disguise.

Q: (NJGI): Pablo, could you give us some background to the Oxy vs. Ecuador case, and the role of social organizations in this conflict? Q: (NJGI): What has been the reaction of social organizations and civil society to this ruling? Are there any initiatives or actions planned apart from the legal strategy of the government? Q: (NJGI): In social terms, what does it mean for the people of Ecuador to pay $2.3 billion from state coffers to Oxy? How does this affect social policy and the implementation of public policies in general? Q: (NJGI): What is the current investment policy of the government of Ecuador regarding its trade and investment agreements? Are social organizations and civil society being listened to?

Ecuador: Occidental: Ruling on Annulment of Ecuador Award Could Take Over a Year

Nov 02, http://www.foxbusiness.com/news/2012/11/02/occidental-ruling-on-annulment-ecuador-award-could-take-over-year/

Dow Jones Newswire - Occidental Petroleum Corp. (OXY) said Friday that its $1.77 billion award from the World Bank's International Centre for Settlement of Investment Disputes could be tied up for more than a year while the tribunal considers an application from Ecuador to annul the ruling.

Egypt Post-Mubarak Legal Challenges Test Foreign Investors

Oct 17, http://www.businessweek.com/news/2012-10-16/egypt-post-mubarak-legal-challenges-testing-foreign-investors

As Egypt struggles to revive an economy battered by last year's uprising against Hosni Mubarak, lawsuits attempting to overturn the sale of state assets under his rule threaten to deter foreign investment. The new government is trying to lure funds from abroad while addressing the demands of a population that is staging street protests and strikes almost weekly.

Ecuador: SOLICITUD DE ANULACIÓN DEL LAUDO ARBITRAL FUE REGISTRADA POR LA SECRETARÍA GENERAL DEL CIADI Oct 16, http://www.pge.gob.ec/es/rotativo/1924-caso-oxy-solicitud-de-anulacion-del-laudo-arbitral-fue-registrada-por-la-secretaria-general-del-ciadi.html

El pasado 5 de Octubre el Estado ecuatoriano fue notificado con el laudo final del caso OXY, que lo condenó al pago de 1.770 millones de dólares más intereses, debido a una supuesta violación del Tratado Bilateral de Inversiones (TBI) entre nuestro país y los Estados Unidos, a partir de la declaratoria de caducidad del Contrato de Participación para la Exploración y Explotación del Bloque 15.

La Procuraduría General del Estado realizó un análisis detallado del laudo y concluyó que existen causales suficientes para presentar una solicitud para su anulación ante el Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (CIADI).

El 9 de octubre de 2012, la Procuraduría envío la solicitud de anulación del laudo al CIADI, misma que fue registrada el 11 del mismo mes por su Secretaria General, Meg Kinnear.

En la carta de registro, la Secretaria -de conformidad con lo que establece el Convenio CIADI- pidió al Presidente del Consejo Administrativo del organismo internacional que se nombre un Comité ad hoc para que conozca y resuelva sobre la solicitud de anulación presentada por Ecuador.

De igual manera, de conformidad con la petición de Ecuador, y en aplicación de la Regla de Arbitraje 54(2) del Convenio CIADI, la Secretaria General notificó a las Partes con la suspensión de la ejecución del laudo, suspensión que deberá ser ratificada por el Comité de Anulación, una vez que se encuentre posesionado.

Al respecto, el Procurador General del Estado, doctor Diego García Carrión, señaló que "la solicitud de anulación presentada por la defensa del Estado ecuatoriano tiene como principales argumentos jurídicos que el Tribunal se excedió de manera manifiesta en el ejercicio de sus competencias, sus decisiones fueron tomadas sin motivación o con motivación insuficiente o contradictoria y se violaron reglas fundamentales del procedimiento, causales que, según el propio Convenio CIADI, sustentan un pedido de nulidad de un laudo".

A ello se suma el enérgico rechazo generado por la decisión de mayoría en el voto disidente de uno de los miembros del Tribunal Arbitral, la Profesora Brigitte Stern -pocas veces visto en un arbitraje de inversiones- que revela las gravísimas violaciones en las que incurrió el Tribunal al exceder de manera manifiesta los límites de su propia competencia.

El voto disidente de la Profesora Stern señala la existencia de un laudo de mayoría carente de motivación, contradictorio y en el que se constata un evidente exceso de poder.

"Estaremos atentos a la conformación del Comité de Anulación, entendiendo que para su integración se buscará a expertos en derecho internacional, con un perfil de independencia e imparcialidad a los intereses de las partes. La credibilidad del sistema de arbitraje internacional de inversiones, seriamente afectada por decisiones como la tomada en este caso, depende de la actuación del CIADI al momento de integrar el Tribunal y de la decisión que se adopte frente a la Solicitud de Anulación presentada por Ecuador", acotó el Procurador García.

Egypt resolved row with Dubai's DAMAC: Minister

Oct 09, http://english.ahram.org.eg/NewsContent/3/12/55146/Business/Economy/Egypt-resolved-row-with-Dubais-DAMAC-Minister.aspx

The Egyptian government said last year it was seeking to settle disputes over the price of land and other issues with about 20 foreign and local investors, in a bid to avoid costly arbitration and rebuild confidence in Egypt.

Egypt: Reconciliation for corrupt businesses from the Mubarak era?

Oct 08, http://www.albawaba.com/business/egypt-corruption-445349

Reconciliation with investors in corruption cases is still on the government's agenda, but the process has been stalled by the continuous change of cabinets, Egypt's Minister of Investment Osama Saleh said on Sunday.

Egypt: Shares suspended in gold mining firm Centamin after Egyptian court voids contract

Oct 31, http://www.guardian.co.uk/business/marketforceslive/2012/oct/30/centamin-share-suspension-gold-egypt

Shares in gold miner Centamin plummeted more than 50% before being suspended after an Egyptian court ruled that the contract for the company's flagship Sukari gold mine in the country was void.

Centamin reports:

http://www.centamin.com/centamin/uploads/press/Marketupdate301012.pdf

Centamin notes media reports this morning that its Concession Agreement to extract gold from the Sukari mine has been annulled.

Comments reportedly made by an Egyptian administrative court this morning have given rise to speculation that parts of the Concession Agreement may have, in fact, been suspended. However at this time, no details of a final decision are availableand no written judgement has been given.

Centamin confirms that it is not a party to this case, repeats its view that the concession as law 222 of 1994 remains valid and that the court does not have jurisdiction to cancel it.

The Company will inform the market further as soon as more information is available. In the meantime normal mining operations continue.

El Salvador: An Appeal to Canada to Stand with El Salvador, the First Nation to Halt Gold Mining - IPS

Nov 15, http://www.ips-dc.org/blog/an_appeal_to_canada_to_stand_with_el_salvador_the_first_nation_to_halt_gold_mining

Representatives from IPS and other environmental and public policy organizations meet with Canadian Ambassador to say, "Tell Pacific Rim to stop bullying El Salvador."

Ethiopia: PetroTrans to Seek Arbitration in Ethiopian Dispute

Nov 05, http://www.2merkato.com/201210291729/petrotrans-to-seek-arbitration-in-ethiopian-dispute

Petrotrans, the Honk Kong based petroleum company is seeking arbitration for the termination of its gas fields development project by the Ethiopian Ministry of Mines according to sources. The company is in the process of preparing for a legal suit at the International Arbitration Court in Geneva said the sources.

EU, US to Negotiate Free-Trade Deal From Spring 2013

Oct 19, http://www.cnbc.com/id/49445840

Reuters - Europe and the United States are set to launch trade talks early next year to deepen the world's largest trading relationship, EU and U.S. officials say, potentially unleashing billions of euros of new transatlantic business.

EuroDNS announces: French Court of Appeal confirms registrars' neutrality

Nov 13, http://www.prweb.com/releases/2012/11/prweb10116051.htm

On October 19, 2012 the Paris Court of Appeal pronounced its judgment in a lawsuit initiated in 2008 by 13 French companies against EuroDNS and the .FR Registry regarding domain name registrations.

Ending a 5 years long lawsuit, the Court of Appeal confirmed that registrars shall remain neutral in disputes between domain names registrants and third parties claiming a violation of their rights and furthermore held that EuroDNS, as a registrar, shall not be liable for the registrations of its customers.

The Court of Appeal also confirmed the first instance's ruling which found that EuroDNS acts diligently in cybersquatting cases.

European investors cool toward China

Oct 26, http://europe.chinadaily.com.cn/epaper/2012-10/26/content_15849565.htm

China's economic slowdown and the sovereign debt crisis have taken a toll on bilateral investment between China and Europe, recent data shows.

Finland: TVO submitted its claim to the ICC arbitration proceedings concerning the dispute in OL3 project

Oct 1, http://www.tvo.fi/www/page/3852/

Stock Exchange Release October 1, 2012 - Teollisuuden Voima Oyj has submitted a claim and defense in the International Chamber of Commerce (ICC) arbitration proceedings concerning the delay and the ensuing costs and losses incurred at the Olkiluoto 3 nuclear power plant project. The updated quantification estimate of TVO's costs and losses is approximately EUR 1.8 billion.

The proceedings were initiated in December 2008 by the OL3 Supplier AREVA-Siemens consortium. TVO has considered and found the claim by the Supplier to be without merit.

The arbitration proceedings may continue for several years and the claimed amount may change.

The supplier is constructing the OL3 plant unit with a fixed-price turnkey contract and is responsible for the time schedule.

First foreign investment in Cuban sugar industry

Nov 14, http://news.cubasi.cu/index.php?option=com_k2&view=item&id=2387:first-foreign-investment-in-cuban-sugar-industry

Foreign investment reached the Cuban sugar industry in the hands of Brazilian giant Odebrecht, whose subsidiary Companhia de Obras e Infraestrutura (COI) (IOC) signed a management contract of the 5 de Septiembre sugar mill, located in Rodas, in the central province of Cienfuegos.

Flexible Solutions announces Termination of Arbitration against the Company without any payment by the Company

Nov 05, http://www.reuters.com/article/2012/11/05/idUS187919+05-Nov-2012+BW20121105

Today the Company announces that on November 5, 2012, we received written notice from the International Center for Dispute Resolution of the American Arbitration Association ("AAA") that it has terminated the proceedings initiated by Petitioners Noranth Venture Pte Ltd and WaterSavr Singapore Pte Ltd against Respondents Flexible Solutions, Limited and Flexible Solutions International, Inc. pursuant to Article 33 of the AAA's International Arbitration Rules. Petitioners' action sought US$25 million. This proceeding has been terminated without any payment made by us to Petitioners.

GDF Suez warns Poland over plans to cut green energy support

Oct 03, http://uk.reuters.com/article/2012/10/03/us-poland-renewables-idUKBRE89209G20121003

Reuters - GDF Suez would demand compensation from Poland if the country brings in a new renewables law cutting support for green energy, Chief Executive of GDF's Polish unit Grzegorz Gorski was quoted saying on Wednesday.

Georgia: Arbitration Calling for More Authority

Nov 12, http://finchannel.com/Main_News/Geo/119227_Arbitration_Calling_for_More_Authority___/

The FINANCIAL -- "Arbitration in Georgia is facing problems in terms of attracting clients" said Maka Nachkhebia, Director of Dispute Resolution Center (DRC), which is one, among the few institutional arbitrations in the country which has managed to remain afloat. "Institutional arbitrations alone cannot manage on its own to convince the parties that they can avail themselves of the benefits of arbitration for resolving business disputes. Government support by improving legislative framework for arbitration is crucial in this term. We expect this kind of support from the new Government" Nachkebia said.

Germany: Gazprom Fails to Reach Pricing Deal With RWE, Awaits Arbitration

Nov 07, http://www.businessweek.com/news/2012-11-06/gazprom-fails-to-reach-pricing-deal-with-rwe-awaits-arbitration

OAO Gazprom (OGZD), the Russian gas exporter that agreed to price discounts with almost all its European clients out of court, failed to find a solution in talks with RWE Transgas AS and will pursue an outcome via arbitration.

Ghana: Austin Gamey urges government to establish Alternative Dispute Resolution Centre

Oct 21, http://www.ghananewsagency.org/details/Social/Austin-Gamey-urges-government-to-establish-Alternative-Dispute-Resolution-Centre/?ci=4&ai=50983

GNA - The Chief Executive Officer (CEO) of Gamey and Gamey Group, a human resource consultancy has urged Government to take immediate steps to set up the Alternative Dispute Resolution (ADR) Centre to offer professional approach to conflict resolution.

Group of white farmers who had their land seized in Zimbabwe plead with William Hague not to lift sanctions on Robert Mugabe - Africa - World - The Independent

Oct 18, http://www.independent.co.uk/news/world/africa/group-of-white-farmers-who-had-their-land-seized-in-zimbabwe-plead-with-william-hague-not-to-lift-sanctions-on-robert-mugabe-8215431.html

A delegation from JusticeZimbabwe, along with MPs supporting their cause, will meet diplomats from the Foreign Office, including William Hague's Zimbabawe advisors . Meanwhile an online petition launched this morning, it is claimed, is expected to gather 3000 signatures by weekend.

India, Canada see free trade deal by 2013

Nov 5, http://economictimes.indiatimes.com/news/economy/foreign-trade/india-canada-see-free-trade-deal-by-2013/articleshow/17105940.cms

NEW DELHI: Negotiations on a free trade pact between India and Canada are "proceeding smoothly" and the two countries are on track to clinch a deal by next year, an Indian minister said on Monday.

India, US set to sign Bilateral Investment Treaty

Oct 01, http://www.deccanherald.com/content/282459/india-us-set-sign-bilateral.html

India and the US are likely to make a pitch for early signing of a Bilateral Investment Treaty (BIT) during Finance Minister P Chidambaram's meeting with American Treasury Secretary Timothy Geithner in New Delhi on October 9.

India: Deposit rule eased for investors seeking arbitration reference - The Economic Times

Nov 08, http://economictimes.indiatimes.com/markets/stocks/market-news/deposit-rule-eased-for-investors-seeking-arbitration-reference/articleshow/17133337.cms

Mumbai: The Securities and Exchange Board of India (Sebi) today said investors seeking arbitration reference for claims up to Rs 10 lakh would not be required to make any deposits with the stock exchanges and expenses on such applications would be borne by the bourses.

India: Faced with $6.3 billion bill, several committees opposed RIL's bid to hike KG gas price

Nov 01, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/faced-with-6-3-billion-bill-several-committees-opposed-rils-bid-to-hike-kg-gas-price/articleshow/17044108.cms

NEW DELHI: Various committees , not just the oil ministry, rejected petro giant Reliance IndustriesBSE 0.21 % Ltd's (RIL) proposal to link the cost of gas from the KG basin with the international crude price, with the ministry estimating the tab for states and the Centre adds up to a staggering $6.3 billion.

India: Government rejected Reliance Industries Ltd's demand for higher gas price in 2010

Nov 02, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/government-rejected-reliance-industries-ltds-demand-for-higher-gas-price-in-2010/articleshow/17054302.cms

NEW DELHI: The government has strongly rebutted allegations of granting undue favours to Reliance IndustriesBSE 0.10 % and said the company's proposal to raise natural gas prices before 2014 was rejected two years ago. It said issues raised by the company about auditing the KG-D6 block would soon be resolved.

India: Ministry exempts RIL from CAG's performance audit

Oct 25, http://business-standard.com/india/news/ministry-exempts-rilcags-performance-audit/490643/

The face-off between the government and Reliance Industries Ltd (RIL) is nearing an end, with the petroleum ministry agreeing to exempt the country's largest private sector petroleum company from a performance audit. Simultaneously, the pending approvals for RIL's KG-D6 block have also been granted.

India: Mukesh Ambani managed huge favours from UPA, NDA governments, says Arvind Kejriwal; RIL refutes charges

Nov 01, http://economictimes.indiatimes.com/news/politics/nation/mukesh-ambani-managed-huge-favours-from-upa-nda-governments-says-arvind-kejriwal-ril-refutes-charges/articleshow/17039922.cms

NEW DELHI: Activist-turned-politician Arvind Kejriwal targeted Reliance Industries, or RIL, Chairman Mukesh Ambani and alleged that India's richest man had managed huge favours from both the UPA and NDA governments - a charge firmly rebutted by the company and members of the two regimes.

India: No improvement in govt decision-making, Reliance Industries tells investors

Oct 18, http://business-standard.com/india/news/no-improvement-in-govt-decision-making-reliance-industries-tells-investors/489978/

Reliance Industries Ltd (RIL) has told analysts there has been "no significant improvement in ground-level decision making" which has impacted the business environment. The country's largest private sector petroleum company has been peeved with the government for blocking of approvals and non-revision of gas prices produced from its underperforming KG-D6 block.

India: Petmin refuses to buy RIL line on KG reserves

Oct 10, http://www.dnaindia.com/money/report_petmin-refuses-to-buy-ril-line-on-kg-reserves_1750825

The Ministry of Petroleum and Natural Gas on Tuesday said it will not accept the argument of Reliance Industries (RIL) that the recoverable reserves of natural gas in the Krishna-Godavari Basin are less than earlier estimates.

India: Resolve issue through arbitration, CLB tells SUN-Apollo & Rustomjee Group

Oct 17, http://economictimes.indiatimes.com/news/news-by-industry/banking/finance/resolve-issue-through-arbitration-clb-tells-sun-apollo-rustomjee-group/articleshow/16848159.cms

MUMBAI: Private equity firm SUN Apollo and Rustomjee Group, which are at loggerheads over the former's allegations of acts of oppression and mis-utilisation of funds, have now been directed by the Company Law Board (CLB) to resolve the issue through arbitration.

India: Russia warns international arbitration over Sistema

Oct 30, http://www.thehindubusinessline.com/industry-and-economy/info-tech/russia-warns-international-arbitration-over-sistema/article4044392.ece

"If the issue of cancellation of 2G licence to Sistema is not resolved in Indian courts, we will go for international arbitration," Alexander Kadakin, Russian Ambassador to India, said on the sidelines of a cultural event.

India: Sistema row - India says Russia free to take legal recourse

Oct 31, http://india.nydailynews.com/business/4f402263fef85dbc2bebf337553cb8b3/sistema-row-india-says-russia-free-to-take-legal-recourse

"We have to understand that this is a commercial issue. While it is our hope that this issue is resolved amicably, any side in a commercial issue is free to seek legal remedy or legal recourse," Syed Akbaruddin, the external affairs ministry's spokesperson, told reporters here.

India: Tax Case Prompts Review Of India's Investment Agreements

Nov 07, http://www.tax-news.com/news/Tax_Case_Prompts_Review_Of_Indias_Investment_Agreements____58143.html

The government of India is delaying entering into talks on foreign investment protection with other countries, due to Vodafone's plans to launch international arbitration proceedings over the country's intention to tax the company retrospectively.

India: TCI converts legal case with Coal India akin to class action suit

Oct 19, http://www.business-standard.com/india/news/tci-converts-legal-casecoal-india-akin-to-class-action-suit/490103/

About 650,000 shareholders of state-owned miner Coal India will now have a stake in The Children's Investment Fund's legal battle against the central government, Coal India's largest shareholder, and directors of the company. The Calcutta High Court has approved a request by the British hedge fund to make the case representative of all shareholders. The court has also directed The Children's Investment Fund (TCI) to issue newspaper advertisements "explaining the nature and details of the lawsuit" to the shareholders.

India: Unitech files application to withdraw petition from CLB

Oct 17, http://zeenews.india.com/business/news/technology/unitech-files-application-to-withdraw-petition-from-clb_62522.html

New Delhi: Realty firm Unitech on Tuesday filed an application for withdrawal of its petition from the Company Law Board (CLB) against the Norwegian telecom giant Telenor after both partners settled their disputes last week.

Indo-Pak to visit Kishanganga site

Oct 15, http://kashmirwatch.com/news.php/2012/10/13/indo-pak-to-visit-kishanganga-site.html

Agencies - A Joint Inspection Commission (JIC) of Indian and Pakistani officials is scheduled to inspect the site of the controversial Kishanganga hydro-electricity project on Saturday (today) to confirm that a stay order granted by the International Court of Arbitration (ICA) is not being violated.

Indonesia Stands Firm in Churchill Mining Dispute

Sep 26, http://www.thejakartaglobe.com/business/indonesia-stands-firm-in-churchill-mining-dispute/546501

The Indonesian government will not pursue an out-of-court settlement over the ongoing $2 billion mining dispute with London-based Churchill Mining, claiming it has a strong case and that the resources company had acted illegally.

The statement was made by Isran Noor, the head of East Kalimantan's East Kutai district, an ally of the national government in its international court case.

Indonesia Struggles With Concerns Over Investment Risk

Nov 01, http://online.wsj.com/article/SB10001424052970204707104578090500678304628.html

JAKARTA, Indonesia-Indonesia is struggling to contain rising concern that contract disputes and nationalism could impede investors' access to its valuable stores of oil, gas and minerals.

Indonesia to defend local-content policy on oil, gas mining at WTO

Oct 22, http://www.globaltimes.cn/content/739701.shtml

An Indonesian government senior official said that the country is gearing up to defend its local- content provisions for the oil and gas sector as developed nations intensively question such provisions at the World Trade Organization (WTO), local media reported on Monday.

Deputy Energy and Mineral Resources Minister Rudi Rubiandini said the government would not back down from regulations that require oil and gas companies to use locally made products and services.

"We're going to defend our stance over the policy with the aim of supporting local businesses," he said over the weekend.

Indonesia: British Company Churchill Mining Plc Published False Information and Blackmails Indonesian Government - Isran Noor

Oct 17, http://www.sys-con.com/node/2405378

East Kutai Regency Head Isran Noor said, "Churchill published false information on the size of the estimated reserves in the concession area in order to boost its share price. I think the Alternative Investment Market of the London Stock Exchange should know about this very important issue. This is an illegal operation."

Indonesia: Chevron weighs arbitration against AGO

Nov 02, http://www.thejakartapost.com/news/2012/11/02/chevron-weighs-arbitration-against-ago.html

"Any dispute under the PSC scheme must be settled through civil law not the criminal code," he said.

Indonesia: Chevron weighs arbitration against Attorney General's Office (AGO)

Nov 05, http://www.thejakartapost.com/news/2012/11/02/chevron-weighs-arbitration-against-ago.html

PT Chevron Pacific Indonesia (CPI), a subsidiary of US-based energy giant Chevron Corporation, may opt to file a legal complaint with an international arbitration body in relation to alleged mistreatment by Indonesia's Attorney General's Office (AGO).

Indonesia: Churchill Mining - International Arbitration against the Republic of Indonesia Moves Forward [pdf]

Oct 15, http://www.churchillmining.com/library/file/CHL%20FINAL.pdf

Appointment of Arbitral Panel

The Directors of Churchill Mining PLC (AIM: CHL) are pleased to advise of the constitution of the arbitral panel at the International Centre for Settlement of Investment Disputes (ICSID) in Washington D.C. that will hearChurchill'sinternational arbitration claim against the Republic of Indonesia lodged in May of this year.

"Indonesia first seemed to be in denial about its obligation to respond to the ICSID arbitration, so it is positive that Indonesia now appears to have accepted that Churchill is entitled to have its case heard," said Churchill's Managing Director Nicholas Smith.

Following the appointment by Churchill of Professor Albert Jan van den Berg of the Netherlands as one member of the three-member arbitral panel, Indonesia has appointed Mr Michael Hwang SC of Singapore as the second member. Both parties agreed to appoint Professor Gabrielle Kaufmann- Kohler of Switzerland to be the third (and presiding) member of the arbitral panel. Professor Kaufmann-Kohler has accepted the appointment.

"Indonesia recently issued two Presidential Decrees that appear to place the responsibility for the ICSID arbitration with the East Kutai regional government. While I can't speak to the Indonesian government's reasoning for doing this, the principles of international law are clear. The primary liability to satisfy any judgement or arbitral award will always be the responsibility of the Republic of Indonesia, i.e. the central government, which acts as a guarantor for its regional or provincial governments," said Nicholas Smith.

Withthe ICSID arbitral panel formallyconstituted, the next phase of the international arbitration, namely the investigation and determination of the merits of Churchill's claim, can proceed.

Planet Mining Pty Ltd (Churchill 100%)

Churchill's 100% owned Australian subsidiary Planet Mining Pty Ltd "Planet" (which via its 5% shareholding in PT Indonesia Coal Development held an interest in the East Kutai Coal Project), has through its attorneysrecently written to His Excellency the President of Indonesia stating that the expropriation of its interest in the East Kutai Coal Project breached Planet's rights under the Australia-Indonesia Bilateral Investment Treaty.

In this letter Planet has invited the Republic of Indonesia to enter into consultations and negotiations with a view to reaching an amicable resolution of this dispute.

In the absence of there being an amicable resolution to this Planet/Republic of Indonesia dispute, Planet will file its own Request for Arbitration before ICSID pursuant to the Australia-Indonesia Bilateral Investment Treaty.

Indonesia: Churchill Mining has a solid base to continue arbitration claim in the coming year

Oct 25, http://www.proactiveinvestors.co.uk/companies/news/49548/churchill-mining-has-a-solid-base-to-continue-arbitration-claim-in-the-coming-year-49548.html

Churchill Mining (LON:CHL) today said its ongoing claim against the Republic of Indonesia, via international arbitration, remains the company's main focus and principle activity.

In this morning's results statement, Churchill said that its cash position, of $12 million, is healthy and it provides a solid base to continue the arbitration claim over the coming year.

The company made its claim in May to the International Centre for Settlement of Investment Disputes (ICSID) in Washington DC.

And earlier this month the appointment of an arbitration panel was confirmed. The company took this as a positive as it believed it signalled that the claim was moving forward.

"Churchill is seeking the full relief owed to it under the provisions of the UK-Indonesia BIT and under international law," the company said in this morning's results statement.

"The company looks forward to now addressing and rectifying these issues on the independent platform that international arbitration at ICSID provides."

Churchill explained that with a panel now formally constituted the next phase of the arbitration process will begin, with the investigation and determination of the merits of Churchill's claim.

The company nominated Professor Albert Jan van den Berg of the Netherlands as one of the three panel members, while Indonesia appointed Michael Hwang SC of Singapore as the second member.

Both parties agreed upon Professor Gabrielle Kaufmann-Kohler of Switzerland as the third and presiding member of the panel.

Indonesia: Churchill Mining shares advance as arbitration claim moves forward

Oct 15, http://www.proactiveinvestors.co.uk/companies/news/49138/churchill-mining-shares-advance-as-arbitration-claim-moves-forward-49138.html

Churchill Mining (LON:CHL) shares advanced around 13% on AIM this morning as it confirmed the appointment of an arbitrational panel to its legal claim against the Republic of Indonesia.

The company made its claim in May to the International Centre for Settlement of Investment Disputes (ICSID) in Washington DC.

The company says that the appointment of a panel is positive as it signals that the arbitrational claim is moving forward.

"Indonesia first seemed to be in denial about its obligation to respond to the ICSID arbitration, so it is positive that Indonesia now appears to have accepted that Churchill is entitled to have its case heard," said managing director Nicholas Smith.

Smith adds: "Indonesia recently issued two Presidential Decrees that appear to place the responsibility for the ICSID arbitration with the East Kutai regional government.

"While I can't speak to the Indonesian government's reasoning for doing this, the principles of international law are clear. The primary liability to satisfy any judgement or arbitral award will always be the responsibility of the Republic of Indonesia, i.e. the central government, which acts as a guarantor for its regional or provincial governments."

Churchill explained that with a panel now formally constituted the next phase of the arbitration process will begin, with the investigation and determination of the merits of Churchill's claim.

The company nominated Professor Albert Jan van den Berg of the Netherlands as one of the three panel members, while Indonesia appointed Michael Hwang SC of Singapore as the second member.

Both parties agreed upon Professor Gabrielle Kaufmann-Kohler of Switzerland as the third and presiding member of the panel.

Indonesia: Churchill Pursues Its Dreams of Coal Via Arbitration With Indonesia

Sep 27, http://www.thejakartaglobe.com/business/churchill-pursues-its-dreams-of-coal-via-arbitration-with-indonesia/546706

In the latest defense for its court case with the Indonesian government, London-based Churchill Mining is hoping for the best possible outcome.

Churchill said on Wednesday that the central government and the Kutai district regional government could use many different words for its claim of a mining site on East Kalimantan. For Churchill, it is the right to mine the massive amount of coal it discovered that matters.

Indonesia: Yudhoyono Doesn't Want British Miner Churchill Mining Plc Pressuring Indonesia

Nov 02, http://www.sys-con.com/node/2426539

ACN Newswire - The Ministry of Justice and Human Rights of the Republic of Indonesia, Amir Syamsudin said that President Susilo Bambang Yudhoyono doesn't want British miner Churchill Mining Plc to do whatever they want with their international force, pressuring developing countries such as Indonesia. We are obligated to defend our honor, truth and justice. Indonesia ready to face British miner Churchill Mining Plc.

Indonesia: Yudhoyono Ready to Face British Miner Churchill Mining Plc

Oct 25, http://www.pr-inside.com/yudhoyono-ready-to-face-british-miner-r3441401.htm

East Kutai Regency Head Isran Noor said that President Susilo Bambang Yudhoyono ready to face British miner Churchill Mining Plc. "The president said that he and the country were ready to face international arbitration over a multi-billion dollar suit filed by British miner Churchill Mining Plc concerning its operations in East Kalimantan. He doesn't want multinational corporations to do whatever they want with their international force, pressuring developing countries such as Indonesia. We are obligated to defend our honor, truth and justice," Isran said.

Inksure Technologies Inc Update Legal Proceedings

Nov 15, http://www.sec.gov/Archives/edgar/data/1062128/000117891312003157/R8.htm

On November 5, 2012, Optaglio and the Company entered into a commercial settlement under which, inter alia, both parties would release all and any claims that they have or may have in relation to each other, without admitting any liability with respect to any of those claims. In return the Company has agreed to pay Optaglio the amount of EUR 180 (approximately $230) and to remove the SARCode components located on Optaglio's premises. Optaglio and the Company have filed a joint application to the LCIA to terminate the arbitration proceedings without any order as to the costs of the arbitration. The parties await the final award from the Tribunal.

Investment Policy Framework for Sustainable Development (IPFSD) presented during the 2nd Leiden-VU Expert Seminar on Investment Law

Oct 04, http://ipfsd.unctad.org/Default.aspx?ReturnUrl=%2F

IPFSD was presented during a seminar on "Foreign investment in the energy sector: Balancing private and public interests", hosted by Universiteit Leiden and VU University yesterday.

The investment policy framework for sustainable development (IPFSD) pulls together UNCTAD's cumulative expertise on national and international investment policymaking for making investment work for sustainable development and inclusive growth. It consists of:

- Core Principles for investment policy-making - Guidelines for National Investment Policies - Options and provisions for the design and use of International Investment Agreements (IIAs)

Iran says Turkmen gas supplies cut in row over terms

Nov 15, http://www.euronews.com/newswires/1726286-iran-says-turkmen-gas-supplies-cut-in-row-over-terms/

Reuters – Supplies of gas from Turkmenistan to Iran have been halted due to a dispute over purchasing terms, Iranian Oil Minister Rostam Qasemi said on Wednesday, while a Turkmen government official denied flows had been stopped.

Ireland: Centre opens for dispute resolution and mediation

Nov 05, http://www.irishtimes.com/newspaper/finance/2012/1105/1224326142218.html

The Dublin Dispute Resolution Centre opened on November 1st in the Distillery Building on Church Street, in the vicinity of the Four Courts and in the heart of "the legal quarter". It is being run as a joint venture between the Bar Council and the Chartered Institute of Arbitrators.

Japanese companies keen to invest in Pakistan

Oct 10, http://www.dailytimes.com.pk/default.asp?page=2012%5C10%5C10%5Cstory_10-10-2012_pg5_3

ISLAMABAD: Japan on Tuesday termed Pakistan investment policy as best in the region and said Pak-Japan Bilateral Investment Treaty would help encourage Japanese investment in Pakistan.

Jersey: New law to 'stop vulture funds' using Jersey courts

Oct 1, http://www.bbc.co.uk/news/world-europe-jersey-19789745

A draft law to stop so called vulture funds from using Jersey courts to sue poor nations was lodged earlier.

http://www.statesassembly.gov.je/AssemblyPropositions/2012/P.091-2012.pdf

Kazakhstan: Caratube Oil Company and Its Majority Shareholder Seeking over 1 Billion USD Compensation for Expropriation from Kazakhstan

Oct 18, http://eon.businesswire.com/news/eon/20121018006866/en

BUSINESS WIRE -- Caratube International Oil Company LLP (Caratube), a Kazakh company owned for 92% by US national Mr. Devincci Hourani, has filed on October 2, 2012, a request for the annulment of the Award of June 5, 2012, before ICSID, the World Bank's arbitration centre. The Award had declined jurisdiction under the US-Kazakhstan Bilateral Investment Treaty over Caratube's claim of over 1 billion USD against Kazakhstan for the expropriation of Caratube's rights in relation to the oil fields in the Caratube region of Kazakhstan.

Korea: Seoul International Arbitration Center to Open in Korea

Nov 11, http://www.theasianlawblog.com/2012/11/seoul-international-arbitration-center.html

The London Court of International Arbitration, Singapore International Arbitration Center, Singapore International Arbitration Center and the Korean Bar Association has come to an agreement that the Seoul International Dispute Resolution Center (Seoul IDRC) will be formed. The government has approved the formation of the Seoul IDRC and the center will be housed in the Seoul Global Tower Building.

Kuwait: Dow Chemical Expects Order of Final Kuwait Award by Year-End

Nov 05, http://www.bloomberg.com/news/2012-10-30/dow-chemical-expects-order-of-final-kuwait-award-by-year-end.html

The International Chamber of Commerce is expected to issue a final order for the $2.16 billion plus "substantial" interest and arbitration costs in the fourth quarter, Midland, Michigan-based Dow said today in a regulatory filing. The High Court of Justice in London on Oct. 19 denied Kuwait's final appeal to reconsider the size of the award, Dow said.

La cumbre iberoamericana instaurará un centro iberoamericano de arbitraje

Nov 14, http://ecodiario.eleconomista.es/espana/noticias/4391236/11/12/La-cumbre-iberoamericana-instaurara-un-centro-iberoamericano-de-arbitraje.html

[Machine translation] The Ibero-American Summit to be held this Friday and Saturday in Cadiz will, among other things, see the creation of a Latin American center for litigation and arbitration. This was announced by Minister of Foreign Affairs and Cooperation, José Manuel García-Margallo, when he appeared in Latin American Affairs Committee of the Senate to account for the run of the event.

Download the "Framework Agreement to promote the formation of a Latin American Centre for Arbitration, signed October 2012" here https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=8478

Libya - Edison: positive conclusion of the arbitration with ENI for the review of the price of the Libyan long term gas contract

Oct 1, http://www.edison.it/mobile/en/media/news/2012-10-01-edison-positive-conclusion-of-the-arbitration-with-eni-for-the-review-of-the-price-of-the-libyan-long-term-gas-contract.shtml

Estimated positive impact on 2012 Edison's result of more than 250 million euros on EBITDA

Milan, October 1, 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 ENI for the revision of the price of the long term gas contract from Libya.

The Court has evaluated the price review requested by Edison in 2010 formally and substantially valid, fully accepting the merits of Edison's positions. The overall impact on 2012 accounts of Edison is estimated in more than 250 million euros on EBITDA.

The Court will decide on interests, legal costs and on the exact amount due by ENI for the retroactive period.

Currently the arbitration for the Algerian gas contract is pending. The conclusion of this process is expected in 2013.

Libya says pushing forward with Islamic finance plans

Oct 02, http://www.global-islamic-finance.com/2012/10/libya-says-pushing-forward-with-islamic.html

"The demand is so high in Libya so we set up a higher committee for Islamic finance...Now they are working to set up a road map for Islamic finance in Libya," Elkaber told reporters on the sidelines of an Arab central bankers' conference in Kuwait.

Asked when Libya might be able to start implementing the rules, he said: "Hopefully very soon. Hopefully this year."

Lithuania initiates Stockholm arbitration against Gazprom (1.45 billion Euros)

Oct 03, http://www.enmin.lt/en/news/detail.php?ID=2374

Today the Republic of Lithuania is filing a claim against Gazprom under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The dispute relates to an overpayment of LTL 5 billion (EUR 1.45 billion) for the gas supplied by Gazprom under the relevant agreements.

According to the public privatisation terms and the 2004 AB Lietuvos Dujos privatisation agreement, Gazprom undertook to supply natural gas to Lithuania at fair prices and on the basis of the gas price formula that was provided for in the gas supply agreement concluded between AB Lietuvos Dujos and Gazprom at the time of the conclusion of the privatisation agreement.

The price of gas supplied by Gazprom to Lithuania increased significantly between 2004 and 2012 due to changes to the gas price formula which were adopted in breach of the provisions of the privatisation agreement. These changes were also adopted in circumstances in which the board members of AB Lietuvos Dujos who were nominated by Gazprom acted for the benefit of Gazprom rather than AB Lietuvos Dujos when voting for the amendments to the gas supply agreement.

This claim is a new Stockholm arbitration initiated by the Republic of Lithuania. In the past, Gazprom had brought two claims against the Republic of Lithuania regarding the Government's investigation of AB Lietuvos Dujos and related emergency measures. In July 2012 the Arbitral Tribunal issued an award rejecting Gazprom's claims for indemnification. At the same time, the Tribunal stated that issues regarding gas price disputes cannot be heard by national courts, which explains that these claims are today brought to arbitration.

Malawi 'refers lake border dispute with Tanzania to African Union'

Oct 17, http://www.bbc.co.uk/news/world-africa-19978968

Malawi's President Joyce Banda has asked the African Union to intervene in the country's border dispute with Tanzania, state media has reported.

Malawi halts talks with Tanzania on border dispute

Oct 03, http://www.reuters.com/article/2012/10/03/malawi-tanzania-idUSL6E8L33WF20121003

- Africa's third largest Lake may have oil, gas reserves; - Malawi has exploration deal with UK-based Surestream; - Tanzania claims 50 pct of lake, Malawi all of it

Malawi to seek arbitration in border dispute

Oct 05, http://www.dw.de/dw/article/0,,16283241,00.html

Malawian President Joyce Banda has said her country will take the long-standing dipsute with Tanzania over Lake Malawi to the International Court of Justice for arbitration.

Malaysia: Astro v Lippo: Enforcement in Arbitration - experts

Oct 01, http://www.onscreenasia.com/article/astro-v-lippo-enforcement-in-arbitration/10637

Legal experts say the legal tussle between Malaysia's Astro and the Lippo Group in Indonesia presents an excellent case study for the discussing of arbitration over litigation in settling disputes involving crossborder contracts. A TV ASIA Plus exclusive.

Malaysia: Introduction of the world's first Islamic arbitration rules will grow Islamic finance assets

Oct 22, http://biz.thestar.com.my/news/story.asp?file=/2012/10/22/business/12181506&sec=business

PETALING JAYA: The introduction of the world's first Islamic arbitration rules last month by the Kuala Lumpur Regional Centre for Arbitration (KLRCA) will pave the way for further expansion of Islamic finance with total global assets now estimated to be worth around US$1.2 trillion (RM3.72 trillion) to US$1.3 trillion (RM4.03 trillion).

Maldives: JP MP Jabir raises Maldives investment fears over lack of resolution in GMR dispute

Oct 16, http://minivannews.com/politics/jp-mp-jabir-raises-maldives-investment-fears-over-lack-of-resolution-in-gmr-dispute-45384

Jumhoree Party (JP) Deputy Leader Abdulla Jabir has criticised attempts to "politicise" the dispute between the government and India-based GMR over an agreement to develop Ibrahim Nasir International Airport (INIA) - fearing a negative impact on foreign investment.

Malta: Companies awarded moral damages for violation of rights in expropriation process

Oct 15, http://www.timesofmalta.com/articles/view/20121012/local/companies-awarded-moral-damages.440773

The government has been ordered to pay €20,000 in damages to two companies which owned properties in Valletta that were expropriated in 1993.

Malta: Strasbourg Court flings doors open to higher expropriation compensation

Nov 07, http://www.maltatoday.com.mt/en/newsdetails/news/courtandpolice/Strasbourg-Court-flings-doors-open-to-higher-expropriation-compensation-20121106

Strasbourg hands landmark judgement compensating a Maltese national over a 37-year delay in compensation by government for expropriated land, flinging the doors wide open to increasing compensation for liquidated property, by tenfold.

See ASSALLO v. MALTA - 57862/09 - HEJUD [2012] ECHR 1872 (06 November 2012) http://www.bailii.org/eu/cases/ECHR/2012/1872.html

Mexico: Maxcom, Megacable Gain on Foreign-Investment Cap Proposal

Oct 04, http://www.businessweek.com/news/2012-10-03/mexico-considers-lifting-caps-on-foreign-investment

Maxcom Telecomunicaciones SAB and Megacable Holdings SAB rose as outgoing President Felipe Calderon's administration assembles a proposal to lift caps on foreign investment in some Mexican businesses.

Mongolia Seeks to Woo Foreign Investors

Nov 01, http://online.wsj.com/article/SB10001424052970204712904578090282738517610.html

HONG KONG-Mongolia plans to raise $1.5 billion by selling a government bond to finance the development of the landlocked country's infrastructure, its central bank governor said Wednesday.

Mongolia: Tax Proposal in Mongolia Threatens Rio Tinto Project

Oct 22, http://dealbook.nytimes.com/2012/10/15/tax-proposal-in-mongolia-threatens-rio-tinto-project/

ULAN BATOR, Mongolia - Rio Tinto's biggest new mining project is under threat after the government of Mongolia said it was considering whether to renegotiate an investment agreement involving the $6 billion Oyu Tolgoi copper mine.

Myanmar foreign investment bill in parliament again

Nov 01, http://www.chicagotribune.com/news/sns-rt-us-myanmar-investmentbre8a005h-20121031,0,2705393.story

Reuters - Myanmar's new foreign investment bill was with parliament on Thursday, after amendments to address concerns of foreign firms eager to enter the country, and it could be quickly approved and sent to the president to be signed into law, lawmakers said.

Myanmar gets its first investment bank

Oct 02, http://www.kyivpost.com/content/world/myanmar-gets-its-first-investment-bank-313782.html

YANGON, Myanmar - Alisher Ali knew on the morning of his second day in Myanmar that the long-closed country was a risk worth taking. Less than two months later he moved his wife and four children to crumbling, tree-lined Yangon and opened Myanmar's first-ever investment bank with $1 million of his own money.

Myanmar parliament passes foreign investment law

Oct 09, http://www.mercurynews.com/breaking-news/ci_21489423/myanmar-parliament-passes-foreign-investment-law

YANGON, Myanmar-Myanmar's parliament on Friday adopted a much anticipated foreign direct investment law that is crucial to the government's ambitious plans for economic expansion in one of Asia's poorest countries.

Myanmar's president sees investment law within days

Oct 22, http://www.reuters.com/article/2012/10/21/us-myanmar-investment-idUSBRE89K06C20121021

Reuters - Myanmar's foreign investment law, which has been delayed for months while the president's office and parliament debated clauses some saw as protectionist, could be finalized within days, President Thein Sein said on Sunday.

Myanmar: President suggests 16 changes to Foreign Investment Law (FIL)

Oct 16, http://www.mmtimes.com/index.php/national-news/2461-president-suggests-16-changes-to-fil.html

President U Thein Sein has proposed 16 changes to amendments to the Foreign Investment Law passed by the Pyidaungsu Hluttaw on September 7, the secretary of a parliamentary bill committee said last week.

New Zealand: Fonterra rules out mediation role for suppliers

Oct 04, http://www.stuff.co.nz/taranaki-daily-news/lifestyle/7767068/Fonterra-rules-out-mediation-role-for-suppliers

Fonterra says it cannot act as a mediator in disputes between shareholders and their sharemilkers.

New Zealand: Lobbyists rally against plain packs

Oct 10, http://www.stuff.co.nz/business/industries/7793963/Lobbyists-rally-against-plain-packs

Global big business lobbyists are attacking plans to enforce plain packaging for tobacco, saying they will violate global trade rules.

Submissions on the Heath Ministry's proposal close on Friday, with overseas lobbyists coming to the aid of the New Zealand tobacco industry.

The Institute for Policy Innovation, in Texas, filed a submission on the proposal late last week, arguing that plain packaging would violate World Trade Organisation rules.

Nicaragua: Are oil concessions fueling Nicaragua's border disputes?

Nov 13, http://www.nicaraguadispatch.com/news/2012/11/are-oil-concessions-fueling-nicaraguas-border-disputes/5983

After years of exploration, oil company Oklahoma Nicaragua-S.A. estimates that Nicaragua has some 27.6 million barrels of high-quality crude oil waiting to be pumped from the ground in the municipality of San Rafael del Sur, according to a company report presented to the government last week.

Nigeria: Aloma, Lukman, Adoke, Maduekwe for Oil Dispute Workshop Today

Oct 16, http://allafrica.com/stories/201210150236.html

Former Minister of Petroleum Resources and OPEC Secretary General, Dr. Rilwanu Lukman, will today begin to chair a three day workshop billed to brainstorm on legal aspects to settlement of disputes emanating from exploration and production of oil and gas in Nigeria.

Nigeria: MAAN, NCS Seek Arbitration Role In Local Content Act

Nov 09, http://www.osundefender.org/?p=59693

In a bid to ensure that arbitration plays its role in the implementation of the Local Content Act, the Maritime Arbitrators Association of Nigeria (MAAN) has concluded plans to organise a workshop on alternative dispute resolution (ADR) in the country.

Nigeria: Rusal in Desperate Measures to Save Nigerian Smelter

Nov 01, http://www.businessinsider.com/rusal-in-desperate-measures-to-save-nigerian-smelter-2012-10

In effect, the London court is being asked to retry eight years of litigation in Nigeria, enforce the second contract BFE signed with Rusal over the first contract signed with BFIG, and overrule the decision of the US federal courts that the jurisdiction to decide between BFIG and Rusal was rightfully in the hands of the Nigerians.

Nigeria: UC Rusal Alscon estimated cost of $ 500 million

Oct 27, http://www.vedomosti.ru/finance/news/5472741/uc_rusal_ocenila_rashody_na_alscon_v_500_mln#ixzz2Axn7lEZW

UC Rusal is not ready to part with just the smallest of its plants - Nigerian Alscon. In the Court of Arbitration in London UC Rusal require prevent the expropriation of the plant or to pay compensation for the cost of its purchase and maintenance. In the past eight years, these expenses were $ 500 million, the company said.

North Ireland: Farry launches new alternative dispute resolution arbitration scheme

Sep 28, http://www.northernireland.gov.uk/news-del-270912-farry-launches-new?WT.mc_id=rss-news

Arbitration is a form of alternative dispute resolution. The scheme results from a key recommendation emerging from the Department for Employment and Learning's public consultation on systems for resolving disputes in the workplace. It will provide a voluntary alternative to an employment tribunal, facilitating the hearing of grievances but without the attendant formality and expense of the legal process.

Speaking to business leaders, trade union officials and employment relations experts, the Minister said: "The launch of the Labour Relation Agency's new arbitration scheme represents a significant milestone in the development of Northern Ireland's employment relations system. The introduction of the new scheme is in response to the views of local stakeholders that there is a need to develop approaches to alternative dispute resolution that are innovative and respond to local needs."

The scheme is designed to be quicker, non-adversarial, less stressful and more likely to preserve employment relationships than a tribunal process and arbitrators are now empowered to deal with a wide range of employment rights issues.

Occidental Dispute Marks Ecuador-Colombia Oil Divergence

Oct 10, http://www.bloomberg.com/news/2012-10-09/occidental-dispute-marks-ecuador-colombia-oil-divergence-energy.html

Ejecting Los Angeles-based Occidental "was a bad deal because production began to fall," said Vicente Albornoz, dean of the Universidad de las Americas business school in Quito. "Production fell all over the country because they created an adverse climate for investment."

Op-ed: A destination for 'tort tourism' - Thomas J. Donohue, chief executive of the U.S. Chamber of Commerce in Washington

Oct 23, http://opinion.financialpost.com/2012/10/23/a-destination-for-tort-tourism/

U.S. firms will flee Canada if courts back Ecuadorean judgment - What's the fastest way to slam the door shut to foreign investment? A legal system that tolerates lawsuit abuse.

Pacific Rim Mining Negotiates Set Fee Structure for Final Phase of ICSID Arbitration

Oct 26, http://www.pacrim-mining.com/s/News.asp?ReportID=553990

Pacific Rim Mining Corp. ("Pacific Rim" or the "Company") has signed a service and fee agreement (the "Final Phase Fee Agreement") with its legal counsel Crowell & Moring, LLP that will provide the Company with cost certainty as it proceeds through the final phase of the ICSID Arbitration claim. As a result of the Company's recent successful CAD $4.215 million private placement financing with OceanaGold Corporation, the funds necessary to move the claim through international arbitration at the World Bank are in place.

"We are extremely pleased to have contained the risk of our legal costs," states Tom Shrake, President and CEO of Pacific Rim. "Our shareholders and the market in general can take comfort that there will be no monetary surprises or overruns associated with the ICSID Arbitration going forward. We are thrilled to continue our relationship with Timothy McCrum, George Ruttinger, Kassi Tallent, and the rest of our legal team at Crowell & Moring LLP, who represented Pacific Rim and our subsidiary Pac Rim Cayman, LLC throughout the Arbitration and successfully argued for the Company in both sets of objections raised by the Government of El Salvador. We have every confidence in their ability, and the strong merits of our case moving forward. While we are prepared to see this unfortunate arbitration through to completion, we would prefer to receive the El Dorado permit under Salvadoran mining, environmental and foreign investment law, and build our environmentally responsible underground mine. The El Dorado mine would create desperately needed new jobs and would share the wealth with all the Salvadoran people by generating significant new tax revenues, creating service business opportunities, creating thousands of direct and indirect jobs, and significantly increasing exports---all in the poorest region of the country."

BIT between Pakistan, US to be signed soon

Oct 18, http://www.dailytimes.com.pk/default.asp?page=2012%5C10%5C17%5Cstory_17-10-2012_pg5_11

KARACHI: After eight years of negotiations the Bilateral Investment Treaty (BIT) between Pakistan and the US would soon be signed. Once signed, the BIT would be sent to the Congress for final approval.

Pak happy at India stopping Kishanganga Dam work

Oct 22, http://pakobserver.net/detailnews.asp?id=179086

Islamabad-Indian authorities have told Pakistan during a recent visit to the site of Kishanganga Dam being built on Neelum Jhelum River, that it has stopped work on the project and will not violate the stay order granted by an International court, officials have said. During a visit of the Pakistan-India joint inspection commission to the site of Kishanganga Dam, Pakistani officials noted that no construction work was under way following the stay order from the International Court of Arbitration, approached by Pakistan.

Pak-US seal of BIT delayed

Oct 01, http://www.thefrontierpost.com/article/184295/

The much-awaited seal of Bilateral Investment Treaty (BIT) between Pakistan and the United States (US) has been delayed for indefinite period as many issues have yet to be resolved.

The treaty between both countries was earlier expected to be signed during this month but now it has been delayed for unspecific period.

A high level official of Board of Investment (BOI) told this agency that international agreements were not taken place over night as it was time taking process.

Pakistan: Australia offers compromise solution for Reko Diq

Nov 15, http://www.thenews.com.pk/Todays-News-2-142958-Australia-offers-compromise-solution-for-Reko-Diq

ISLAMABAD: Australia’s third largest bank has committed to offer a $100 billion bid for the Reko Diq gold and copper mines in Pakistan, in collaboration with a US mining company, if international tenders were called again by the Balochistan or federal government.

Pakistan: Govt depts unwilling to sign US BIT

Oct 24, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/business/24-Oct-2012/govt-depts-unwilling-to-sign-bit

ISLAMABAD - Despite US desires to sign a Bilateral Investment Treaty (BIT) with Pakistan without any delay, various government institutions still seem not on the same page making it a serious headache for the ruling PPP to get it through at the earliest.

Pakistan: Reko Diq case: Supreme Court tells lawyer to finish arguments today

Nov 14, http://www.brecorder.com/market-data/stocks-a-bonds/0/1258002/

A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry adjourned the hearing of the Reko Diq case on Tuesday, directing the petitioners' lawyer to conclude his arguments and submit a written reply on Wednesday (today). The bench resumed the hearing of identical petitions filed against the federal government's decision to lease out gold and copper mines in Reqo Dik in Balochistan's Chagai district to foreign companies.

Pakistan: SC accepts plea against Int'l Court of Arbitration

Nov 15, http://www.thefrontierpost.com/article/192200/

CJP remarked that only the authentic documents will prove if the company really exists or not. A five-member bench of the apex court headed by chief justice Iftikhar Muhammad Chaudhry heard the Reko Diq case. Chief Justice remarked that the court doesn’t acknowledge any bogus company and the relevant documents will reveal if the company is real or fake. The court served notices to all respondents in the case, adding that documents were significant to understand the matter. He said at least Balochistan government should help the court in this regard.

On which, Advocate General Balochistan said that International Court of Arbitration reserved the verdict to bar Balochistan government from working on Reko Diq project.

Pakistan: SC adds petition against international arbitration to Reko Diq case

Nov 15, http://dawn.com/2012/11/15/sc-adds-petition-challenging-international-arbitration-to-reko-diq-case/

ISLAMABAD: Admitting a petition against intervention from the International Court of Arbitration and the International Chamber of Commerce (ICC) on the Reko Diq mining lease dispute for hearing, the Supreme Court issued notices to all party in the case, DawnNews reported.

Papua New Guinea: Arbitration for New Guinea Energy

Oct 26, http://www.pngindustrynews.net/storyview.asp?storyid=9640374§ionsource=s0

NGE is heading for arbitration at the International Chamber of Commerce with two companies relating to PPL 268 and 269.

It told shareholders this morning that it had filed a request for arbitration against Talisman Niugini and Diamond Gas Foreland, a subsidiary of Mitsubishi.

Meanwhile, Talisman has filed a request for arbitration against NGE subsidiary Kirkland Limited, with Kirkland returning the favour by filing for arbitration against Talisman in relation to PPL 269.

Paraguay: Venable Successfully Represents Paraguay in International Arbitration (Bureau Veritas, Inspection, Valuation, Assessment and Control, BIVAC B.V. v. The Republic of Paraguay)

Oct 12, http://www.venable.com/NEP/pressreleases/NewsDetail.aspx?news=21932f01-386e-4dc2-a76b-3b48bf5ef184

Press release - Washington, DC - Venable LLP has obtained an important victory for the Republic of Paraguay in an international arbitration before a three-person tribunal of the International Centre for Settlement of Investment Disputes ("ICSID") in Washington, DC. The case is Bureau Veritas, Inspection, Valuation, Assessment and Control, BIVAC B.V. v. The Republic of Paraguay.

Philippines agrees to repay Chinese loan

Oct 05, http://china-wire.org/?p=23586

Interior Secretary Mar Roxas said he told Chinese Vice Foreign Minister Fu Ying during a meeting in China over the weekend that the Philippines planned to repay the loan in two years. The Philippines has the funds and is negotiating the terms, he said.

Philippines to bring North Rail case to int'l arbitration court

Oct 02, http://www.abs-cbnnews.com/business/10/02/12/ph-bring-north-rail-case-intl-arbitration-court

Transportation Secretary Joseph Abaya disclosed yesterday that the Philippines would submit the controversial North Rail project to an international arbitration court to determine the settlement with the People's Republic of China.

Poland: PGNiG to Gain $930 Million on Gazprom Deal; Shares Rally

Nov 06, http://www.businessweek.com/news/2012-11-06/pgnig-sees-ebitda-rising-by-up-to-932-million-on-gazprom-deal

Polskie Gornictwo Naftowe i Gazownictwo SA, Poland's biggest gas distributor, expects its profit to jump by as much as 3 billion zloty ($930 million) this year after OAO Gazprom (GAZP) agreed to cut the price of the supplied fuel. Its shares rallied the most on record.

Qatar: Muhibbah Eng gets International Court of Arbitration arbitration request

Oct 09, http://www.muhibbah.com/IR/news_view.php?nid=945

Muhibbah Engineering (M) Bhd ("MEB" or "the Company") was a subcontractor for UEM Group Berhad ("UEM ") for the construction of Salwa Road at Qatar and the project was completed several years ago. MEB has received on 5 October 2012 a notification from the Secretariat of the ICC International Court of Arbitration - Asia Office of a Request for Arbitration ("Request") from UEM in respect of an alleged claim by UEM for Qatari Riyal 31.4 million, which is approximately RM 26.5 million.

The Company is disputing the Claim and challenging the Request, and is presently taking legal advice on the same.

This announcement is dated 8 October 2012.

Quiborax S.A., Non-Metallic Minerals S.A. v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2) Decision on Jurisdiction

Sep 27, 2012

English:
Quiborax S.A., Non-Metallic Minerals S.A. v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2) Decision on Jurisdiction

Spanish:
Quiborax S.A., Non-Metallic Minerals S.A. v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2) Decision on Jurisdiction

Real estate arbitration centre in the offing in Dubai

Oct 05, http://gulfnews.com/business/property/uae/real-estate-arbitration-centre-in-the-offing-in-dubai-1.1085265

A draft law to establish a real estate arbitration and reconciliation centre has been sent to the Executive Committee for approval by the Dubai Land Department (DLD), Sultan Bin Mijren, director-general of DLD said on Thursday.

Repsol Sues Seized YPF Unit in Spain on Competition Grounds

Oct 05, http://www.businessweek.com/news/2012-10-04/repsol-sues-seized-ypf-unit-in-spain-on-competition-grounds

The suit, which says that YPF shouldn't be a competitor against Madrid-based Repsol and is illegally benefiting from assets that belong to Repsol, was filed without seeking a specific amount in compensation, spokesman Kristian Rix said.

Republic of Turkey Ministry of Foreign Affairs: Press Release Regarding Hydrocarbon Activities of the GCA

Nov 03, http://www.mfa.gov.tr/no_-249_-3-november-2012_-press-release-regarding-hydrocarbon-activities-of-the-gca.en.mfa

No: 249, 3 November 2012, Press Release Regarding Hydrocarbon Activities of the GCA

It is understood that the Greek Cypriot Administration (GCA) have started talks with various international companies/consortiums for some blocks in its so-called exclusive economic zone with regard to the second round of tender for hydrocarbon exploration and exploitation, which was opened by ignoring the rights of the Turkish Cypriots.

As it will be recalled, our Ministry made comprehensive press statements on 15 February 2012 and on 18 May 2012 regarding this tender. We fully maintain our views expressed in these statements.

The Turkish Cypriots, like the Greek Cypriots, have equal and inherent rights over the natural resources located on the whole continental shelf of the Island. Disregarding this reality and the continuation of unilateral and provocative activities by Greek Cypriots are not acceptable both to Turkey and TRNC.

In this framework, Turkey strongly supports the statement made by the Foreign Ministry of TRNC on 2 November 2012.

The attention of the international oil companies had been repeatedly drawn as regards the adverse consequences that would be created by their activities in the disputed areas over which Turkish Cypriots also have rights. As it was stated by our Prime Minister and reiterated for several times through our Ministry's press statements, those companies cooperating with GCA will not be allowed to take part in new energy projects in Turkey. We, therefore, repeat our call to the relevant countries and oil companies to act with common sense, not to engage in activities in these areas which are disputed especially due to the Cyprus issue and to withdraw from the said tender.

Rosneft/TNK-BP deal: bad for Russia

Oct 19, http://blogs.ft.com/beyond-brics/2012/10/19/rosnefttnk-bp-deal-bad-for-russia/#axzz29xPGxAQW

Rosneft's proposed $50bn-plus takeover of TNK-BP, buying out BP and its Russian oligarch partners, will turn the state-run group into one of the world's largest oil producers controlling nearly half Russia's output. ... But for Russia as a whole - and for the global oil industry - Rosneft's coup is, at best, a mixed blessing.

Ruric lost four arbitration cases relating to Apraksin Yard

Oct 17, http://ruric.org/en/press_releases/1650075.php

PRESS RELEASE - October 15-16, 2012 Ruric lost four arbitration cases relating to Apraksin Yard. Three cases refer to the confirmation of the title to the building 33 in Apraksin Yard, and compensation of losses related to delay in registration of title to the buildings 15, 16, 33. The 4th case refers to Glavstroy who signed the term sheet to buy out Ruiric's part but has not completed this action.

Ruric will continue its attempts to push the stated matters through the Russians courts. The next resolutions on the issue are expected to be in 2013.

Russia regulator seeks Telenor hearing postponement

Oct 04, http://www.totaltele.com/view.aspx?ID=476770

Russia's antitrust agency will ask the Moscow Arbitration Court to postpone a hearing on a lawsuit it filed seeking to stop Nordic telecommunications operator Telenor ASA from raising its stake in VimpelCom Ltd. by one month, the head of the Federal Antimonopoly Service, Igor Artemyev, said Wednesday, Interfax reported.

Russia tightens bear hug on oil and gas

Nov 8, http://www.ft.com/intl/cms/s/0/1b04ee92-28f3-11e2-86d7-00144feabdc0.html#axzz2Bi7tyWae

Meeting foreign experts at his Moscow residence in October, Russian president Vladimir Putin tried to distance the Kremlin from Rosneft's multibillion-dollar takeover of TNK-BP.

Russia: 'Farewell' to Russian jurisdiction

Oct 15, http://rapsinews.com/legislation_publication/20121014/264983383.html

- Russia must protect its citizens in foreign jurisdictions - Ivanov; - Berezovsky-Abramovich trial discussions damage Russia's image -ambassador; - Supreme Commercial Court chairman: Time to change business model.

Russia: EuroChem files $800 million claim against Shaft Sinkers

Oct 05, http://www.eurochem.ru/2012/10/press-statement/

October 5, 2012 - EuroChem, Russia's largest mineral fertilizer producer, announced today that its subsidiary, EuroChem-VolgaKaliy LLC, filed an USD 800 million claim against Shaft Sinkers (Pty) Ltd., a 100% subsidiary of Shaft Sinkers Holding plc, a London listed company, with the Swiss Chambers of Commerce in Zurich and the International Chamber of Commerce in Paris.

The claim seeks compensation for the costs and substantial lost profits incurred by EuroChem-VolgaKaliy due to the delay in commencing potash production as a result of Shaft Sinkers' failure to complete the construction of the cage shaft at the Gremyachinskoe deposit, one of two Greenfield potash projects currently being developed by EuroChem in Russia.

Shaft Sinkers was chosen as the contractor to develop the cage shaft of the Gremyachinskoe deposit but subsequently proved unable to fulfill its contractual obligations. Shaft Sinkers' grouting technology entirely failed, causing in excess of USD 161 million in direct costs and a delay to the project's completion date which was subsequently revised to 2015.

Russia: FAS urges VimpelCom not to go against Moscow court injunction

Sep 26, http://www.totaltele.com/view.aspx?ID=476559

Russia's Federal Anti-Monopoly Service, in a letter to VimpelCom Ltd. dated Sept. 19 and obtained by Dow Jones Newswires, urged the company not to go against the injunction posed by the Moscow arbitration court.

Russia: Federal Courts to Move to St. Petersburg, Report Says

Oct 30, http://www.themoscowtimes.com/mobile/article/federal-courts-to-move-to-st-petersburg-report-says/470590.html

As government plans to relocate federal ministries to Moscow's newly adjoined territories are reportedly being reworked, officials are considering moving the Supreme and Higher Arbitration courts to St. Petersburg, a news report said Monday.

Russia: Khodorkovsky's Business Partner to Walk Free in July

Nov 02, http://en.rian.ru/russia/20121101/177114640.html

RIA Novosti - Platon Lebedev, the jailed business partner of Russian oil tycoon Mikhail Khodorkovsky, will walk free next July after an Arkhangelsk region court reduced his 13-year sentence by three years on Thursday.

Russia: Norilsk's feuding owners resume peace talks

Oct 31, http://uk.reuters.com/article/2012/10/31/russia-norilsk-idUKL5E8LV2UE20121031

- Norilsk owners to intensify talks in November - CEO; - Interros to seek permission for 75 pct stake - source; - The main issue in talks is over who would be CEO - source.

Russia: TNK-BP may settle their dispute with British partners

Oct 22, http://english.ruvr.ru/2012_10_22/TNK-BP-may-settle-their-dispute-with-British-partners/

On October 22, the British oil and gas giant officially refuted information about a finalized agreement with its Russian JV partner TNK-BP for selling part of its stock to the Russian oil producer Rosneft.

Russian court delays hearing in BP appeal against $3 billion claim

Nov 12, http://www.reuters.com/article/2012/11/09/us-russia-bp-hearing-idUSBRE8A80OR20121109

Reuters - A Russian court postponed on Friday hearing in an appeal against a decision to award more than $3 billion in damages against British oil major BP (BP.L) brought by minority shareholders in its Russian venture TNK-BP (TNBP.MM), a lawyer for BP said.

Russian Court of Appeal backs up UC RUSAL in its right to obtain Norilsk Nickel documents in full

Oct 18, http://www.rusal.ru/en/press-center/news_details.aspx?id=7763&ibt=13

UC RUSAL announces that the Third Court of Appeal has rejected MMC Norilsk Nickel's appeal and upheld the decision of the Arbitration Court of Krasnoyarsk Region, dated 4 June 2012, which upheld UC RUSAL Investment Management LLC's claim (the owner of 25% plus 1 share of MMC) requesting Norilsk Nickel to provide certain information and documents regarding Norilsk Nickel's operations.

Russian court upholds ruling against Telenor in Vimpelcom case

Sep 27, http://www.totaltele.com/view.aspx?C=3&ID=476596

A Russian appeals court has upheld a lower court order temporarily barring Nordic telecom operator Telenor from acquiring a stake in VimpelCom Ltd.

Russian govt downplays Rosneft expansion concerns

Oct 19, http://www.businessweek.com/ap/2012-10-18/russian-govt-downplays-rosneft-expansion-concerns

AP - Russia on Thursday downplayed concerns that Rosneft's possible purchase of BP's stake in the joint venture TNK-BP, which analysts say would reshape the country's oil industry and create the world's biggest oil and gas company, is likely to threaten competition.

Russian Railways says it intends to appeal the fine in the Moscow Arbitration Court

Nov 14, http://www.themoscowtimes.com/business/article/russian-railways-fined-69m-over-freight-services/471380.html

The Federal Anti-Monopoly Service has issued Russian Railways with a 2.2 billion ruble ($69 million) fine following complaints from businesses reliant on its cargo services.

RWE Said to Delay Czech Gas Pipeline Bids Amid Gazprom Dispute

Nov 09, http://www.bloomberg.com/news/2012-11-09/rwe-said-to-delay-czech-gas-pipeline-bids-amid-gazprom-dispute.html

RWE AG (RWE) has pushed back the deadline for final bids for its natural gas pipeline unit in the Czech Republic as a dispute with its biggest supplier, OAO Gazprom (OGZD), complicates the process, according to people familiar with the matter.

RWE Transgas wins case against Gazprom over 'take or pay'

Oct 26, http://rt.com/business/news/czech-rwe-gazprom-dispute-212/

RWE Transgas, the leading Czech gas importer, has won a dispute with Russia's gas producer Gazprom over the pricing of gas contracts. An Austrian court ruled that the Czech company didn't have to pay for unused gas under the "take-or-pay" principle.

See also "RWE may have to adjust asset sale goals: CEO" http://www.reuters.com/article/2012/10/25/us-rwe-ceo-idUSBRE89O0NC20121025

Sad Arbitrazowy survey - Practices in the field of the confidentiality of arbitration

Oct 02, http://www.sadarbitrazowy.org.pl/en/the-survey

The Court of Arbitration at the Polish Confederation of Private Employers Lewiatan invites you to participate in a survey, based on which we would like to get to know your opinions in the field of practices, which can be observed in an arbitration regarding the existence and scope of confidentiality. The survey applies to both institutional and ad hoc arbitration.

You can fulfill the questionnaire between October 1-31, 2012. Responses are anonymous. In questions 1-3 more than one answer can be chosen. The results of the survey will be published in the Arbitration e-Review, which is available on the Court's website.

Saudi Arabia: Arbitration rules to boost investments

Oct 16, http://www.arabnews.com/node/427790

RIYADH: A forum on the new rules of arbitration and their impact on investment in Saudi Arabia was held yesterday at the Council of Saudi Chambers (CSC). About 350 Saudis, including high-profile legal, judicial and investment experts, attended the event under the aegis of Prince Bandar bin Salman, adviser to Custodian of the Two Holy Mosques King Abdullah.

Saudis seek private court in London

Oct 31, http://www.ft.com/intl/cms/s/0/47db481c-1f93-11e2-b273-00144feabdc0.html

Saudi Arabia will lobby the UK government as early as November to set up a confidential court in London that would settle multimillion pound commercial disputes arising from the Middle Eastern kingdom. The Saudis hope that a London-based arbitration centre would help counter investor concerns about the Saudi Arabian legal system and thus boost foreign investment into the kingdom.

Senegal to Seek New Iron Ore Partners After ArcelorMittal

Nov 09, http://www.businessweek.com/news/2012-11-08/senegal-to-seek-new-iron-ore-partners-after-arcelormittal

Senegal will resolve a legal dispute with ArcelorMittal (MT) before negotiating with other companies on developing its iron-ore reserves, the state mining company said.

Senegal: Millicom and the Republic of Senegal jointly terminate all legal proceedings

Oct 12, http://www.millicom.com/press/releasedetail.cfm?ReleaseID=712913

Stockholm, October 12, 2012 - Millicom International Cellular S.A. and the government of the Republic of Senegal are pleased to announce today that they have signed a settlement to end amicably their dispute, initiated in 2008 before the ICSID (International Centre for Settlement of Investment Disputes), over the validity of Millicom's license in Senegal.

Singapore: Arbitration Tribunal Rules in Favour of Hyflux Ltd [pdf]

Oct 18, http://ir.listedcompany.com/tracker.pl?type=6&id=321315

Further to our announcement entitled "Notice of Arbitration filed by Hyflux Ltd" at the Singapore International Arbitration Centre on 1 February 2011, the Board of Directors of Hyflux Ltd ("Hyflux") wishes to announce that on 16 October 2012, the Tribunal delivered its Award.

The Tribunal has ruled in favour of Hyflux and granted all of the reliefs it sought against the Respondent, Ashcraft Holdings Pte Ltd ("Ashcraft").

Pursuant to the orders made by the Tribunal, Ashcraft is obliged to purchase all of Hyflux's shares in Hyflux Filtech (Singapore) Pte Ltd ("HFS") within 30 days after the fair value determination of those shares by an auditor.

The Tribunal has also ruled that Ashcraft is required to remove the word "Hyflux" from the names of HFS and its subsidiaries and that after the sale and purchase of the shares in HFS is completed, Ashcraft shall no longer be entitled to use the "Hyflux" name in connection with any of its businesses.

The Tribunal has directed that Ashcraft bear all of Hyflux's costs and expenses incurred in the arbitration as well as the costs of the arbitration. The Tribunal has also directed that Ashcraft pay Hyflux interest on the fair value price as determined by the auditors.

Singapore: Lippo Group to Appeal Singapore Court Arbitration Ruling in Favor of Astro

Oct 25, http://www.thejakartaglobe.com/corporatenews/lippo-group-to-appeal-singapore-court-arbitration-ruling-in-favor-of-astro/552251

The Lippo Group will appeal a Singapore court ruling from Tuesday that upheld a $250 million arbitration award in favor of Astro All Asia Network, an executive at First Media, Lippo's cable TV and Internet business, said on Wednesday.

Singapore: Malaysian TV tycoon wins $ 250 mn in dispute (Astro group v Lippo)

Oct 24, http://www.thehindubusinessline.com/news/international/malaysian-tv-tycoon-wins-250-mn-in-dispute/article4026293.ece

Singapore's High Court has awarded Malaysian tycoon of Indian-origin Ananda Krishnan's Astro group $250 million in compensation for a failed joint venture with his Indonesian former business partner James Riady. ... Krishnan heads the Astro communications empire of Malaysia, while Riady manages the Lippo Group of Indonesia.

Award: Astro Nusantara International BV and others v PT Ayunda Prima Mitra and others [2012] SGHC 212 - Legal & Regulatory docs. - TDM Journal (Transnational Dispute Management) - The Network for International Arbitration, Mediation and ADR, International Investment Law and Transnational Dispute Management https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=8468

Sistema asks why India wants to delay arbitration proceedings

Oct 02, http://callcenterinfo.tmcnet.com/news/2012/10/02/6619166.htm

Mint - COMTEX - Vladimir Evtushenkov, chairman of Russia's JSFC Sistema that has a telecom joint venture in India, has written to national security adviser Shivshankar Menon and commerce minister Anand Sharma, asking why India wants international arbitration proceedings postponed.

Slovakia to nationalise private health insurers

Oct 31, http://www.reuters.com/article/2012/10/31/slovakia-health-idUSL5E8LV7ZB20121031

- Slovak government wants single health insurer from 2014; - PM Fico ready to expropriate if buyout talks fail; - Govt may sell state assets to fund nationalisation.

Slovakia: EuroGas AG: European Investment-Fund Financed Billion-Lawsuit of EuroGas Group against the Slovak Republic

Nov 06, http://www.eurogas-ag.com/76-0-AdHoc-Meldung.html

We are pleased to announce that the EuroGas Group (EuroGas) has secured financing to pursue its previously announced legal action against the Slovak Republic for damages and interest relating to the illegal 2005 expropriation of the Gemerska Poloma talc mine, located in Roznava, which belonged to EuroGas 'affiliate, Rozmin s.r.o.

The damage claim that will be presented before the International Centre for Settlement of Investment Disputes (ICSID) against the Slovak Republic is being prepared and EuroGas has notified the Slovak Republic of the pending action. In order to pursue this legal remedy, EuroGas had to obtain a financing in order to pursue its claim, a process that is expected to involve significant legal expense.

On September 26, 2012 EuroGas entered into a financing agreement with a Luxembourg based investment fund (the Fund) that specializes in financing arbitration proceedings.

After having examined the damage claim proposed by EuroGas and evaluating its prospects for a successful outcome, the Fund agreed to finance all legal costs related to the proceeding, confident in the merit of the claim.

The damage claim against the Slovak Republic is based principally on the definitive ruling of the Slovak Supreme Court, issued on May based 18, 2011, which stated that the repeal of the license was illegal and fraught with numerous irregularities committed by the Mining Administration of the Slovak Republic. However, this decision has not been enforced, which has caused EuroGas to incur in excess of € 1,000,000,000 in damages.

The Fund's financial backing of EuroGas will insure that it will have the means to vigorously pursue its damage claim before the international arbitration institution ICSID.

South Africa: Agri SA takes minerals claim to ConCourt

Nov 08, http://www.iol.co.za/news/politics/agri-sa-takes-minerals-claim-to-concourt-1.1419225

The Constitutional Court will hear argument on Thursday on Agri SA's claim for damages over alleged expropriation of mineral rights. The application, brought by Agri SA, argues that the Mineral and Petroleum Resources Development Act (MPRDA) abolished the concept of privately held mineral rights.

South Africa: Farmers try to undo mineral rights law | Law & Constitution

Nov 09, http://www.bdlive.co.za/national/law/2012/11/09/farmers-try-to-undo-mineral-rights-law

This is widely regarded as a test case to determine if the Minerals and Petroleum Resources Development Act expropriated rights that existed prior to its coming into force in 2004.

Should Agri SA succeed, it could clear the way for huge compensation claims by some former mineral rights holders. When the case was argued in the high court, the government estimated that the claims could reach R90bn.

The act says "mineral and petroleum resources are the common heritage of all the people of South Africa". " The state is the custodian".

South Africa: Govt Begins Shredding 'First Wave' Investment Treaties

Oct 19, http://allafrica.com/stories/201210191188.html

European investors and trade officials look on with worry as South Africa cancels a bilateral investment treaty with Belgium and Luxembourg; the first of a series of planned shreddings. South Africa has terminated a bilateral investment treaty (BIT) with Belgium and Luxembourg in the first of a series of planned shreddings of post apartheid-era agreements now coming up for renewal. Western investors and trade officials are worried.

South Africa: Steel major seeks new iron-ore partnerships after Sishen South loss

Oct 08, http://aceh.net/steel-major-seeks-new-iron-ore-partnerships-after-sishen-south-loss/

JOHANNESBURG - South African steel producer ArcelorMittal South Africa is intensifying its efforts to secure control of additional iron-ore and coking coal resources in Southern Africa, and was ready to partner with black economic empowerment (BEE) companies that have secured exploration rights for those categories of resources.

Spain Sees Room for a Deal Between Repsol, Argentina on YPF

Nov 12, http://www.bloomberg.com/news/2012-11-12/spain-sees-room-for-a-deal-between-repsol-and-argentina-on-ypf.html

"There is room for a negotiation," Margallo said yesterday in statements before Spain's Senate, according to Germany's DPA news agency. "It must be done through a regulated procedure and paying a fair price."

Spain: Deutsche Bank is preparing a class action against the Government international arbitration

http://www.mediacionarbitraje.eu/?p=5126

[machine translation] RREEF Infrastructure, the largest infrastructure asset manager for Deutsche Bank, Germany's largest financial institution, is preparing legal action against international energy reform approved by the Spanish Government.

Spain: Jesus M. Alfonso has been reelected president of the Arbitration Court of Barcelona

Nov 15, http://www.diariojuridico.com/actualidad/noticias/80923.html

Jesús M. de Alfonso ha sido reelegido presidente del Tribunal Arbitral de Barcelona. En el cargo desde octubre de 2008, Alfonso lidera un proyecto de renovación de la institución que ha cumplido ya más de 20 años de existencia.

Sri Lanka - IFS: Information regarding legal dispute, legal proceedings against IFS with the Singapore International Arbitration Centre initiated

Oct 09, http://www.businesswire.com/news/home/20121008006559/en/IFS-Information-legal-dispute

BUSINESS WIRE - As previously reported-most recently in IFS's latest interim report-IFS has since 2002 been involved in a legal dispute concerning the partly-owned company IFS Sri Lanka. The counterparty has now initiated legal proceedings against IFS with the Singapore International Arbitration Centre, on the basis of a shareholders agreement between the parties, with a now quantified claim for damages amounting to US$ 43 million plus interest in the amount of US$ 33 million calculated on an average annual interest of 10 percent starting from 1999. Since the beginning of this legal dispute, IFS has deemed the counterparty's allegations as completely unsubstantiated and without any merit. Based on the information that IFS has been provided with to date and supported by its external legal counsels, IFS's position with respect to the dispute remains unchanged: IFS rejects the counterparty's claims as being frivolous and completely unmeritorious and unfounded, and rejects the claims in their entirety.

Background information IFS has been involved since 2002 in a legal dispute concerning the partly-owned company IFS Sri Lanka. This dispute was initiated in Sri Lankan court by one of the other shareholders and pertained to an alleged violation of the articles of association and an agreement between the shareholders. The Court of First Instance dismissed the plaintiff's action in 2008, upon which the plaintiff appealed to the Sri Lankan Court of Appeal. That appeal was subsequently withdrawn in November 2010.

Sri Lanka economy to grow 7.0-pct in 2013 but risks emerge: RAM Ratings

Oct 31, http://www.lankabusinessonline.com/fullstory.php?nid=309139040

A key regressive policy is the expropriation of citizens and non citizens which resumed in 2011 through a controversial law. The expropriations may undermine other reformist measures, the report said. US-based Overseas Private Investment Corporation has reported that it had added a 2-5 percent premium on political risk insurance premiums for loans to the country, the report noted. Further expropriations of land in privatized plantations firms were announced in a budget for 2012.

Sri Lanka in talks with Standard Chartered to trim derivative award: report

Nov 04, http://www.lbo.lk/fullstory.php?newsID=21494640&no_view=1&SEARCH_TERM=4

LBO - Sri Lanka is negotiating with Standard Chartered Bank to reduce a 180 million US dollar award made by a British court over an oil derivative sold to state-run Ceylon Petroleum Corporation, a media report said.

Sri Lanka: application filed challenging Sri Lanka's Expropriation Act, seeks nullification

Oct 19, http://www.colombopage.com/archive_12A/Oct19_1350630590CH.php

Colombo: A Sri Lankan activist has filed a fresh application before the Supreme Court against the "Revival of the Underperforming Enterprises and Underutilized Assets" legislation, also known as the Expropriation Act.

Activist on good governance Nihal Sri Amarasekera has made the fresh application calling on the Supreme Court to declare the legislation ab-initio null and void.

Swaziland: Liqoqo Will Study ICA Ruling

Oct 08, http://www.observer.org.sz/index.php?news=43832

THE Liqoqo King's advisory council along with the Ludzidzini Committee will this morning meet to study with a 'fine comb' the International Court of Arbitration (ICA) ruling in a bid to acquaint themselves fully with it before meeting the King later in the day.

Swaziland: MPs Pass Vote of No Confidence on Cabinet

Oct 04, http://www.observer.org.sz/index.php?news=43692

The resolution follows failure by cabinet to stop the deactivation of the SPTC's fixed phone component as per a decision that was made by MPs about two weeks ago.

Sweden: Klovern AB Announces Appointment of Arbitration Panel for Buy-Out of Minority Shares in Dagon AB

Nov 07, http://uk.reuters.com/business/quotes/KLOV.ST/key-developments/article/2637473

Reuters - An arbitration panel has been appointed to consider the matter of buying out the shares. The panel consists of attorney-at-law Viktor Magnell, appointed by Klovern, attorney-at-law Lars Millberg, appointed by the trustee, and former Justice of the Supreme Court, Hans Danelius, who will also chair the panel, appointed by the other two arbitrators.

Switzerland-Poland: Alpiq wins arbitration proceedings against the Polish PGE

Oct 01, http://www.alpiq.com/news-stories/press-releases/press_releases.jsp?news=tcm:95-97590

In arbitration proceedings between Alpiq Ltd. (Alpiq) and the Polish energy group PGE, the International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) has ruled in favour of Alpiq in the matter of a compensation payment of euro 43 million (approximately CHF 52 million) plus interest.

Following long but ultimately unsuccessful negotiations, Alpiq Ltd. filed a request for arbitration in 2009 thus asserting its claim resulting from a breach of a long-term electricity supply contract with PGE. The VIAC arbitral tribunal supported Alpiq's position with respect to the essential parts of the claim. The amount awarded still has not been received, even though the arbitral award by VIAC is binding for both parties and can only be contested by lodging an extraordinary appeal.

Taiwan: Tribunal Cuts Award to Taiwan on 1991 French Frigate Contract

Nov 12, http://www.defensenews.com/article/20121113/DEFREG03/311130004/Tribunal-Cuts-Award-Taiwan-1991-French-Frigate-Contract?odyssey=nav%7Chead

PARIS - A legal tribunal Nov. 13 cut back to some 3 million euros ($3.8 million) a 45.5 million euro claim by Taiwan on the supply of spare parts for the 1991 Bravo contract for six Lafayette stealth frigates, a source familiar with the deal said.

Tanzania asks for mediation over Lake Malawi dispute

Oct 06, http://www.chicagotribune.com/news/sns-rt-us-tanzania-malawibre8950di-20121006,0,1906265.story

Reuters - Tanzania called on Saturday for an international mediator to resolve a long-standing border dispute with Malawi, conceding the latest talks over territorial rights to Lake Malawi and its potential reserves of oil and gas have failed.

Tanzania: Lack of Advisors Leads to Raw Mining Deals - Official

Oct 22, http://allafrica.com/stories/201210220158.html

Addressing media practitioners during the African Development Forum VIII (ADF VIII) workshop that opened here, the Director of the Economic Commission for Africa (EAC) Sub-Regional Office for Eastern Africa, Mr Antonio Pedro, said that in the 80s and 90s African nations rushed to reform their mineral sectors to maximize and capture foreign direct investments.

Thailand: TPP poses challenges to Thailand's financial sector: BOT

Nov 15, http://www.nationmultimedia.com/business/TPP-poses-challenges-to-Thailands-financial-sector-30194300.html

Though not opposing the Trans-Pacific Partnership (TPP), the Bank of Thailand raised concerns on the influence of such agreement on Thailand's investment and capital flows. In a research written by Harit Rodprasert, a senior economist, the author expresses concerns in two main areas.

Trinidad and Tobago: Attorney General denies wrongdoing in Offshore Patrol Vessels arbitration

Oct 29, http://www.newsday.co.tt/politics/0,168462.html

Attorney General Anand Ramlogan has labelled as "misleading, inaccurate and false" the headline in one of the Sunday edition of one of the daily newspapers relating to the arbitration proceedings on the purchase of Offshore Patrol Vessels for the Coast Guard.

Trinidad and Tobago: BAE Systems agrees settlement with Government of Trinidad and Tobago

Nov 14, http://otp.investis.com/generic/regulatory-story.aspx?cid=288&newsid=292164

Following the announcement on 21 September 2010 regarding the disputed Offshore Patrol Vessel contract with the Government of the Republic of Trinidad and Tobago (GORTT), BAE Systems and GORTT have reached agreement on a settlement.

The three Offshore Patrol Vessels that were the subject of the GORTT contract were subsequently sold to the Brazilian Navy under a contract signed in December 2011 and the first ship was handed over to the Brazilian Navy in June this year.

The settlement with GORTT is at an amount consistent with provisions held.

Trinidad and Tobago: British Aerospace Engineering Systems: Boat builders to pay T&T $1.3b

Nov 15, http://guardian.co.tt/news/2012-11-15/boat-builders-pay-tt-13b

Don’t mess with T&T. That was the message from Attorney General Anand Ramlogan yesterday as he announced that Government had emerged victorious with a $1.382 billion settlement from British Aerospace Engineering Systems (BAE) over the cancellation of an order for three Offshore Patrol Vessels (OPVs).

U.S. appeals court reinstates $9.2 million arbitration award against Morgan Keegan

Oct 23, http://www.reuters.com/article/2012/10/23/raymondjamesfinancial-brief-idUSWEN800820121023?feedType=RSS&feedName=financialsSector

Reuters - Raymond James Financial Inc : - U.S. appeals court reinstates $9.2 million arbitration award against morgan

U.S. business groups urge Ecuador trade benefits be cut

Sep 26, http://uk.reuters.com/article/2012/09/25/usa-ecuador-trade-idUKL1E8KPGK920120925?feedType=RSS&feedName=rbssEnergyNews

- Ecuador's ambassador asks U.S. to maintain, extend trade benefits - Ecuador only country left in U.S. program for Andean nation

U.S. Supreme Court to review American Express arbitration case

Nov 12, http://www.cnbc.com/id/49765032

- Court to review mandatory arbitration clause; - Merchants say should be able to sue as a class.

UK-Russia: BP, AAR agree to settle all outstanding disputes over TNK-BP

Nov 13, http://www.bp.com/genericarticle.do?categoryId=2012968&contentId=7080290

BP and AAR, joint shareholders in TNK-BP, today announced that they have reached a comprehensive agreement to settle all outstanding disputes between them, including the current arbitrations brought by each against the other.

The agreement includes an immediate waiver of the new opportunities provision in the TNK-BP shareholder agreement, allowing each party to explore new opportunities and partnerships in Russia and the Ukraine, effective immediately.

The parties have agreed to work constructively together with each other and with Rosneft to progress their respective disposals of their shareholdings in TNK-BP.

UK: Peers pass the Arbitration Bill at second reading

Oct 18, http://news.bbc.co.uk/democracylive/hi/house_of_lords/newsid_9761000/9761110.stm

Peers passed the Arbitration and Mediation Services (Equality) Bill at second reading on 19 October 2012.

The Arbitration and Mediation Services (Equality) Bill is a private member's bill that is being sponsored by crossbench peer Baroness Cox.

The bill was presented to the House of Lords, and given its first reading, on 10 May 2012.

The bill amends the provision of arbitration and mediation services to include equality legislation.

UK: SES and Eutelsat locked in battle over UK frequency rights

Oct 16, http://broadcastengineering.com/satellite/ses-and-eutelsat-go-war-over-uk-frequency-rights

Eutelsat has now requested the International Chamber of Commerce (ICC) in Paris to rule on whether Media Broadcast and Deutsche Telekom did have the right to snatch away the spectrum from Eutelsat.

Ukraine: Tashkent Criminal Court has issued a ruling in favor of the Uzbek state to confiscate all assets of Uzdunrobita FE LLC, MTS's wholly-owned subsidiary in Uzbekistan

Sep 17, http://www.mtsgsm.com/news/2012-09-17-40010/

Moscow, Russian Federation - Mobile TeleSystems OJSC, the leading telecommunications operator in Russia and the CIS, announces that the Tashkent Criminal Court has issued a ruling in favor of the Uzbek state to confiscate all assets of Uzdunrobita FE LLC, MTS's wholly-owned subsidiary in Uzbekistan ("Uzdunrobita"), in connection with a criminal court judgment against four employees of Uzdunrobita.

Ukraine: White & Case Obtains Victory for Ukraine in ICSID Case

Oct 30, http://www.whitecase.com/News/Detail.aspx?news=5083

Press release - Global law firm White & Case LLP has achieved another victory for Ukraine, as a tribunal rejected all claims in the arbitration filed by Bosh International Inc. and B&P Ltd Foreign Investments Enterprise (B&P) against Ukraine under the Ukraine-United States Bilateral Investment Treaty (BIT) before the World Bank's International Centre for Settlement of Investment Disputes (ICSID).

This award issued on October 25, 2012 is a new authority on recurring issues in ICSID jurisprudence, in particular concerning the scope of review by a BIT tribunal of domestic courts proceedings, compliance with contractual prerequisites when asserting umbrella clause claims, and attribution and State responsibility.

B&P-a locally-incorporated subsidiary of US-company Bosh-had entered into an agreement with the Taras Shevchenko National University of Kyiv for the development and operation of a hotel and science complex on State-owned property. The University later terminated the agreement and the legality of that termination was confirmed through litigation before the Ukrainian courts. B&P was eventually evicted from the complex. In their arbitration before ICSID, Bosh and B&P claimed that Ukraine had, through the conduct of various State entities including the University, breached its obligations under the BIT.

The tribunal found that the pertinent conduct of the University is not attributable to Ukraine. The tribunal determined that the University is not a "State organ" within the meaning of Article 4 of the International Law Commission Articles on State Responsibility (ILC Articles). Although finding that the University is an entity that is empowered by Ukrainian law to exercise elements of governmental authority within the meaning of ILC Article 5, the tribunal held that University's decision to enter into and terminate the agreement with B&P did not relate to the exercise of any governmental authority.

As for Claimant's umbrella clause claim, the tribunal observed that "where a contractual claim is asserted under an umbrella clause, the claimant in question must comply with any dispute settlement provision included in that contract." The tribunal noted that the termination of the contract had been confirmed by three levels of Ukrainian courts. Accordingly, the tribunal ruled that that B&P no longer had any contractual rights that it could properly assert under the BIT.

In reviewing the conduct of the Ukrainian courts, the tribunal noted that it is only in a situation where national court proceedings would "offend a sense of judicial propriety" that "it would be open to the Tribunal to find that those proceedings did not meet international standards." The tribunal found that the Claimants were not in any way denied due process rights before the Ukrainian courts. The tribunal observed in this regard that "to apply a provision of Ukrainian law in a non-discriminatory fashion will rarely give rise to a breach of an international standard, such as the fair and equitable treatment obligation."

The White & Case team was comprised of John Willems, Marily Paralika, Noor Davies and Angélica André, all based in Paris.

Egorov Puginsky Afanasiev & Partners-including lawyers Serhii Sviriba, Markiyan Kliuchkovskyi, Krystyna Khripkova and Kseniia Koriukalova-acted as co-counsel.

Ukrainian Arbitration Association to be established

Nov 14, http://www.sccinstitute.com/?id=23696&newsid=44541

On 14 November 2012 the Ukrainian Arbitration Association (UAA) will celebrate its establishment.

The UAA is a non-profit organization established with the mission of facilitating the interest in international arbitration, enhancing cooperation among practitioners in international arbitration and among arbitration institutions around the world, exchanging their experience in dispute resolution, as well as promoting Ukraine as platform for resolution of cross-border disputes.

Ukrainian CME dispute continues

Nov 05, http://www.broadbandtvnews.com/2012/11/02/ukrainian-cme-dispute-continues/

The leading Russian and CIS ad sales house Video International (VI) is continuing its legal battle in the London International Court of Arbitration with the Ukrainian broadcaster Studio 1+1 and its previous owner CME.

United States Trade Representative Ron Kirk Announces Agreement with Gulf Cooperation Council to Strengthen Economic Ties, Expand Trade and Investment Relationship

Oct 01, http://www.ustr.gov/about-us/press-office/press-releases/2012/september/ustr-kirk-announces-agreement-gcc

United States Trade Representative Ron Kirk today announced that the United States and the Gulf Cooperation Council (GCC) signed a Framework Agreement for Trade, Economic, Investment and Technical Cooperation. The Agreement will establish a Joint Committee to discuss areas where both the GCC and the United States share mutual interests, including considering opportunities for enhancing economic, commercial, investment and technical cooperation, fostering their economic relations and increasing the volume of trade and investment between them. It was signed in New York this week by Deputy United States Trade Representative Miriam Sapiro, Assistant Minister of Foreign Affairs for Multilateral Affairs of Saudi Arabia, His Highness Pince Turki bin Mohammed Al Saud and Secretary General of the Gulf Cooperation Council Dr. Abdul Latif Al-Zayani. The GCC is comprised of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. Total two-way trade (exports plus imports) between the United States and the GCC totaled almost $100 billion last year. The GCC countries, together, ranked tenth as an export market for the United States in 2011 with U.S. goods exports to the region totaling nearly $38 billion. Leading U.S. exports to the GCC region include vehicles, machinery, aircraft, electrical machinery, and optical and medical instruments.

United States, Panama Set Date for Entry into Force of United States-Panama Trade Promotion Agreement

Oct 22, http://www.ustr.gov/about-us/press-office/press-releases/2012/october/us-panama-set-date-eif

Washington, DC - Today, United States Trade Representative Ron Kirk and Ricardo Quijano, Minister of Commerce and Industry of the Government of Panama, exchanged letters in which they determined that the United States-Panama Trade Promotion Agreement (Agreement) will enter into force on October 31, 2012. This announcement follows completion of a thorough review by the United States and Panama of their respective laws and regulations related to the implementation of the Agreement.

UPM-Kymmene Corporation has launched arbitration proceedings against Metsä Board Corporation

Nov 02, https://newsclient.omxgroup.com/cdsPublic/viewDisclosure.action?disclosureId=528168&lang=en

Metsä Board Corporation Stock Exchange Release 2 November 2012 at 9.55 am EET

Metsä Board Corporation, a part of Metsä Group, divested on 3 May 2012 a 7.3 percentage point shareholding in Metsä Fibre Oy to Japan-based Itochu Corporation for EUR 138 million. At the same time Metsäliitto Cooperative, divested 17.6 percentage points of their holding in Metsä Fibre to Itochu. Metsä Board's parent entity Metsäliitto had exercised on 24 April 2012 its call option pursuant to an amendment to the shareholders' agreement to purchase the UPM-Kymmene Corporation's 11 percentage holding in Metsä Fibre.

UPM has today initiated arbitration proceedings in which it claims jointly from Metsäliitto and Metsä Board primarily EUR 58.5 million in damages and secondarily to return an EUR 58.5 million claimed unjust enrichment. The claims are based on an alleged breach of the tag-along clause specified in Metsä Fibre's shareholder agreement signed in 2009.

Metsä Board considers UPM's claim to be unfounded in its entirety and will not book provisions related to this claim. The claim does not have an effect on the Itochu transaction or on Metsä Board's cooperation with Itochu and it is not based on agreements made with Itochu.

The dispute initiated by UPM will be processed in a court of arbitration and the outcome will be announced later on.

US signs important investment law affecting Burma

Oct 08, http://www.mizzima.com/business/8183-us-signs-important-investment-law-affecting-burma.html

"Implementation of this law will provide the United States with the ability to shape the policies and activities of these institutions in a way that advances reform, good governance, transparency and accountability in Burma," said Deputy Treasury Secretary Neal Wolin.

US: AMSC cuts quarterly loss, upbeat on future wind sales

Nov 07, http://www.rechargenews.com/business_area/finance/article326883.ece

AMSC narrowed its quarterly loss as wind-power electronics and controls sales declined, while remaining confident that it will prevail with litigation in China against its former largest customer, Sinovel.

US: BP to Pay State $255 Million for 2006 Pipeline Spills and Shutdowns

Nov 08, http://www.law.state.ak.us/press/releases/2012/110812-BParbitration.html

Juneau, Alaska - The State of Alaska won a multi-million dollar arbitration award against BP Exploration (Alaska) Inc. The dispute related to money damages for oil production shortfalls caused by the 2006 pipeline leaks and pipeline replacements in the Prudhoe Bay oilfield. BP admitted liability for purposes of the arbitration, but contended that the State suffered no losses and asked the arbitration panel to award zero damages.

Following a four week hearing in May and June, the three arbitrator panel issued a unanimous decision in favor of the State on October 31. The award is final, binding, and non-appealable. After adjustment for previously agreed upon credits, the final award with prejudgment interest is $245 million; in addition, BP will pay $10 million to settle civil assessments for the spills. In total, BP will pay the State $255 million for the 2006 spills and pipeline shutdowns.

Award: https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=8477 www.ogel.org/legal-and-regulatory-detail.asp?key=8477

US: Cargill says Mexico owes it $95 million in NAFTA dispute

Nov 13, http://www.reuters.com/article/2012/11/14/mexico-cargill-idUSL1E8MDILL20121114?type=companyNews&feedType=RSS

Reuters - U.S. agribusiness company Cargill Inc. filed a suit in a U.S. court on Tuesday to compel Mexico to pay a $94.6 million award over trade barriers the company says Mexico put up against high-fructose corn syrup from 2002 to 2007.

US: Chesapeake Seeks Arbitration In $130M Botched Venture Suit

Oct 24, http://www.law360.com/articles/389417/chesapeake-seeks-arbitration-in-130m-botched-venture-suit

A unit of Chesapeake Energy Corp. on Wednesday asked a Texas federal judge to enforce an arbitration clause in a group of contracts it is seeking to rescind in a $130 million suit over a botched joint venture to develop a 54,000-acre oil and gas prospect.

US: Forest Oil Wants $20M Award Chucked For Arbitrator Bias

Nov 08, http://www.law360.com/articles/392570/forest-oil-wants-20m-award-chucked-for-arbitrator-bias

In a motion for new trial, the oil and gas giant claims arbitrator Donato D. Ramos did not reveal that the landowner plaintiff, James McAllen, had retained him to arbitrate another matter a week before he signed on to hear the dispute involving Forest Oil.

US: Kaye-led panel to settle Seneca/NY rift

Sep 24, http://www.lawjournalbuffalo.com/news/article/current/2012/09/24/104274/kaye-led-panel-to-settle-senecany-rift

An arbitration panel headed by former New York State Court of Appeals Chief Judge Judith Kaye will resolve the longstanding dispute between the Seneca Nation of Indians and New York regarding exclusive casino gambling rights.

US: Morgan Stanley tries to stop Facebook investor arbitration

Nov 07, http://news.cnet.com/8301-1023_3-57545971-93/morgan-stanley-tries-to-stop-facebook-investor-arbitration/?part=rss&subj=news&tag=2547-1_3-0-20

A Facebook investor is seeking arbitration for $1.9 million in damages from the botched IPO, but Morgan Stanley argues it shouldn't proceed because the investor isn't Morgan Stanley's customer, according to a report.

US: NorthWestern Receives Favorable Arbitration Decision Related to Dispute with Colstrip Energy Limited Partnership

Nov 9, http://www.northwesternenergy.com/documents/News/CELP%20market%20press%20release.pdf

Sioux Falls, S.D. - Nov. 9, 2012 - NorthWestern Corporation d/b/a NorthWestern Energy (NYSE: NWE) today announced that it received a favorable arbitration decision related to a dispute over energy and capacity rates with the Colstrip Energy Limited Partnership ("CELP").

The dispute related to certain inputs used in setting long-term rates for the period July 1, 2003, through June 30, 2006. CELP is a Qualifying Facility (QF) with which we have a power purchase agreement through June 2024. Under the terms of the power purchase agreement (PPA) with CELP, energy and capacity rates were fixed through June 30, 2004 and beginning July 1, 2004 through the end of the contract, energy and capacity rates are to be determined each year pursuant to a formula, with the rates to be used in that formula derived from the annual Montana Public Service Commission QF rate review.

On November 1, 2012, an arbitration panel issued a final award in our favor confirming that the rate methodology used by NorthWestern for calculating the rates for the July 1, 2006 to June 30, 2007 was consistent with the PPA and a Final Award of Arbitrators issued October 30, 2009. Based on the clarity provided by the final award regarding rate calculation for 2006 through the remainder of the PPA, we are updating the calculation of our QF liability and expect to record a pre-tax gain of approximately $49.8 million during the fourth quarter of 2012. This gain is largely due to recalculating the present value of our future QF liability based on the final award, net of approximately $7.3 million owed to CELP for contract years July 1, 2006 through June 30, 2012. As a result of reducing the liability, we also anticipate non-cash interest expense for the full year of 2013 will be approximately $2.3 million lower than comparable expense in 2012.

While we estimate the after-tax impact of this decision to increase our earnings per share (EPS) reported in accordance with generally accepted accounting principles (GAAP) by approximately 83 cents per fully diluted share, NorthWestern is maintaining its adjusted EPS guidance for 2012 in the range of $2.30-$2.40 per fully diluted share.

A reconciliation of items not factored into our 2012 earnings guidance of $2.30 to $2.40 per fully diluted earnings per share is as follows (net of tax). ....

US: Seagate says court partly vacates arbitration award between it and Western Digital

Oct 16, http://yahoo.brand.edgar-online.com/EFX_dll/EDGARpro.dll?FetchFilingHtmlSection1?SectionID=8865543-1155-6776&SessionID=yNVtFqfYVoiFyl7

On October 12, 2012, the Hennepin County District Court of Minnesota (the "Court") vacated in part and confirmed in part the final award in a binding arbitration, concluded in January 2012, between Seagate Technology LLC and Western Digital Corporation, Western Digital Technologies, Inc., and a former Western Digital employee who was previously employed by Seagate. The binding arbitration award found that Western Digital had misappropriated Seagate trade secrets, among other findings, and awarded Seagate $525 million in compensatory damages plus pre-award interest.

The Court has ordered that the matter be set for rehearing in front of an AAA arbitrator.

Seagate is disappointed in the Court's ruling and disagrees with its conclusions. Seagate intends to take all necessary legal action to reinstate the binding arbitration award.

The information in this Current Report on Form 8-K is "furnished" but shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of such section.

Urals Energy PCL: Arbitration update (against Vyatcheslav Rovneiko)

Nov 07, http://fool.uk-wire.com/Article.aspx?id=201211070700064947Q

Urals Energy is pleased to announce that following the update provided in its results to 30 June 2012 as announced on 28 September 2012, the arbitrator in the ongoing Arbitration against Vyatcheslav Rovneiko has issued a third Partial Final Award which orders that Mr Rovneiko is liable to pay to Urals Energy the sum of US$3,730,000.

The only remaining issues in the arbitration are to determine the amount of Mr Rovneiko's liability to pay interest on the loan and the allocation of the costs of the arbitration.

The Company intends to seek recovery of its costs now that Mr. Rovneiko's liability for the full amount of the principal of the loan has been finally determined by the arbitrator in favor of the Company.

Uzbekistan: Oxus Gold PLC - UNCITRAL Arbitration Proceedings and Update on Amantaytau Goldfields A.O.

Nov 14, http://online.hemscottir.com/servlet/HsPublic?context=ir.access&ir_option=RNS_NEWS&item=1207201490310152&ir_client_id=4252

Oxus Gold ("Oxus" or the "Company") refers to the Uzbek-registered joint venture company Amantaytau Goldfields A.O. ("AGF" or the "Joint Venture") formed with the State Committee for Geology and Mineral Resources and Navoi Mining and Metallurgical Combinat, as well as to the ongoing UNCITRAL arbitration between Oxus and the Government of Uzbekistan ("Uzbekistan"), in relation to the expropriation of the Company's Khandiza and AGF investments.

Update on the Arbitration Proceedings

The Company provides the following update on arbitration proceedings which complies with the Order of the Arbitral Tribunal dated March 19, 2012 on the confidentiality of the arbitral proceedings.

The Arbitral Tribunal has held that Oxus has standing under the bilateral investment treaty between the United Kingdom and Uzbekistan dated November 24, 1993 (the "BIT") to bring its claims for expropriation as direct and indirect shareholder of the non-UK subsidiaries that have made the investment in Uzbekistan.

The losses to Oxus caused by this expropriation have been calculated by Ernst & Young according to alternative legal and quantification theories. On the basis of a discounted cash flow ("DCF") quantification, the loss in respect of the Khandiza investment ranges from a high of USD 588.7 million to a low of USD 72.1 million, and as a very last alternative, on a restitution basis (i.e. upon the restoration of the Company's Khandiza investment), USD 9 million. The Company's losses in respect of its AGF investment have been quantified by Ernst & Young together with Wardell Armstrong International on the basis of a DCF quantification as ranging as high as USD 661.8 million and not lower than USD 480.3 million.

Uzbekistan has denied the totality of the Company's expropriation claims and raises various counterclaims against the Company, which will be quantified in due course.

It is presently anticipated that the Arbitral Tribunal will render its award in 2014.

Amantaytau Gold A.O. insolvency proceeding

On October 24, 2012, the British Embassy in Uzbekistan received a notice dated October 2, 2012 from a Court Appointed Manager informing of the initiation of a Court Supervision process in respect of the Joint Venture, following a decision by the Navoi Regional Economic Court dated September 21, 2012. The notice, which was transferred to Oxus as soon as received by the British Embassy, further explained that the Court Appointed Manager had been appointed on behalf of AGF, and that a first meeting of the Joint Venture's creditors would take place in Uzbekistan on November 1, 2012, followed by a court hearing on November 7, 2012.

In response to this notice, Oxus wrote to the Court Appointed Manager on October 31, 2011, to complain that the notice did not afford the Company, AGF's largest creditor, sufficient time to prepare for the meeting of creditors or the hearing, nor to retain counsel. Nor had Oxus been afforded an opportunity to participate in or comment on the appointment of the Court Appointed Manager or the decision of the Navoi Regional Economic Court. In its letter, Oxus recalled that it had declared force majeure in respect of the AGF project because of the acts and omissions of Uzbekistan, and that it was pursuing its claims against Uzbekistan in arbitration. Moreover, Oxus called for AGF's other creditors and assignees to be made aware of the outstanding balance of USD 44.2 million owed by AGF to the Oxus Group, as well as of the misappropriation by AGF of a USD 2.5 million drill rig loaned to AGF by Oxus in April 2010, and which has still not been returned.

The outcome of the insolvency proceedings is not expected to negatively impact the arbitration.

Richard Shead, Chairman commented:

"We remain confident that Oxus will be awarded fair compensation for its investments in Uzbekistan and we will continue to take whatever steps are required to maximise such compensation for the benefit of all Oxus stakeholders.

We shall continue to keep investors updated with any material developments".

Venezuela sees Exxon, Conoco arbitration rulings in late 2013

Nov 09, http://www.reuters.com/article/2012/11/08/us-venezuela-arbitrations-idUSBRE8A712620121108

Reuters - Venezuela expects international arbitration rulings by late 2013 in multi-billion-dollar claims by Exxon Mobil and ConocoPhillips over nationalizations by President Hugo Chavez's government, the oil minister said.

Venezuela: Ternium receives payment of all outstanding amounts in connection with Sidor's nationalization [pdf]

Oct 10, http://www.ternium.com/files/Ternium-Sidor-10-oct-2012.pdf

Ternium S.A. announced today that it has received payment of the unpaid portion of the agreed-upon compensation for the May 2009 transfer of its interest in Sidor. Ternium received USD136.7 million.

The receipt of this payment resolves the pending dispute with Venezuela relating to the nationalization of Sidor, which was submitted for arbitration before the International Centre for Settlement of Investment Disputes (ICSID).

Venezuelan official says shareholders will be paid fair price for expropriated steel maker

Oct 31, http://www.washingtonpost.com/business/venezuelan-official-says-shareholders-will-be-paid-fair-price-for-expropriated-steel-maker/2012/10/31/bb0fface-239b-11e2-92f8-7f9c4daf276a_story.html

Industries Minister Ricardo Menendez defended the government's actions after the steel maker's former owners complained that President Hugo Chavez's government hasn't paid for Siderurgica del Turbio SA, or Sidetur.

Yemen: Private Sector, Civil Society Seek Amendment to Yemen Investment Law

Nov 08, http://yemenpost.net/Detail123456789.aspx?ID=3&SubID=6187&MainCat=7

The Studies & Economic Media Center and Economic Reforms Team in cooperation with the Public Authority for Investment organized a consultative meeting between the leaders of the private sector and the General Authority for Investment to discuss future partnership mechanisms to improve the investment environment. Chairman of the center Mustafa Nasr stressed the need for substantial amendments in the country's legislative system to improve the investment climate, and to overcome all problems within the trend to deepen the partnership between private sector and civil society.

Zimbabwe: Country Wants Brit [Mr Stewart Isaacs] Removed From Mining Arbitration Panel

Nov 12, http://allafrica.com/stories/201211100036.html?aa_source=acrdn-f3

Zimbabwe's Mining Development Corporation (ZMDC) is unhappy with the appointment of a British national on an arbitration panel. The arbitration involves a US$35 million dispute between the ZMDC and two international mining companies.

Zimbabwe: Ex-farmers target Zimbabwe's UK assets

Nov 01, http://www.newzimbabwe.com/news-9438-Ex-farmers+target+Zimbabwe%E2%80%99s+UK+assets/news.aspx

A GROUP of white former commercial farmers forced off their farms under Zimbabwe's land reforms have approached the UK government in a bid to have seized Zimbabwe assets used to pay their compensation.

One of the farmers, Timolene Tibbett, 56, said they would not rest until they get "justice" from President Robert Mugabe's government.

"I can promise the Zimbabwean government we are not going away," Tibbett told the London Evening Standard.

Zimbabwe: Govt crafts new investment law

Nov 13, http://www.newsday.co.zw/2012/11/13/govt-crafts-new-investment-law/

ZIMBABWE is working on a new law which seeks to harmonise investment laws with the controversial Indeginisation and Empowerment Act in a bid to improve foreign direct investment, a senior government official said yesterday.

"We are working on a revised Investment Bill and that process is at an advanced stage," Mujajati said.

"Issues relating to clarity of the Indigenisation and Empowerment Act have been raised by foreign investors, so we hope that this law would harmonise the investment law and the empowerment law.

"The process is at an advanced stage and it is one of our top priorities as a ministry and that law should be enacted next year."

This new law comes at a time when foreign investors have raised fears over the country's empowerment law compelling foreign companies to dispose 51% equity to locals.

Zimbabwe: Mashonaland farmers face eviction after ZANU PF order

Oct 03, http://www.swradioafrica.com/2012/10/02/mashonaland-farmers-face-eviction-after-zanu-pf-order/

A group of farmers in the Mashonaland Central province face imminent eviction from their land, after an order from a ZANU PF led committee to vacate their properties this week.

Zimbabwe: SA's Zimbabwe interests secured

Nov 01, http://www.newsday.co.zw/2012/11/01/sas-zimbabwe-interests-secured/

"There is no doubt regarding this country's economic interests in Zimbabwe. They are and will remain protected," Mumbengegwi said in Pretoria.

Why Zimbabwe's tobacco industry is unhappy with WHO

Nov 09, http://www.guardian.co.uk/global-development/poverty-matters/2012/nov/07/zimbabwe-tobacco-industry-unhappy-who

The World Health Organisation says its guidelines aim to alert governments to declining demand for tobacco. But producers say they put farmers' livelihoods at risk

JusticeZimbabwe - CAMPAIGN STATEMENT: South Africa Ruling Reaffirms Rule Of Law

Oct 03, http://justicezimbabwe.com/updates/13-campaign-statement-south-africa-ruling-reaffirms-rule-of-law

A Group of British farmers led by Mike Campbell, who had their properties seized by the Mugabe regime in Zimbabwe, have hailed a landmark court ruling in South Africa that ruled an ex-farmer can sell a property owned by Robert Mugabe's government to compensate for the seizure of his land.

JusticeZimbabwe: Dispossessed farmers demanding 23 million from Zimbabwe

Oct 02, http://www.rnw.nl/english/article/dispossessed-farmers-demanding-23-million-zimbabwe

A group of Dutch farmers who were forced off their land in Zimbabwe have launched a campaign to force Harare to pay them compensation.

The group lost their land between 2000 and 2002 when supporters of President Robert Mugabe occupied white-owned farms in an often violent land redistribution campaign. They did not receive any compensation which the group claimed was a violation of the Investment Protection Agreement (IBO) which the Netherlands had made with Zimbabwe.

The group has launched a website at http://justicezimbabwe.com/

Events

CEPINA Brussels: Lunch November 7th 2012 - Arbitration in Germany

Nov 7, http://www.cepani.be/upload/files/col-7-11-12.pdf

Lunch with a speech of Ms. Ulrike Gantenberg on the topic of "Arbitration in Germany".

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

Korea: S. Korean Prof. Named to International Arbitration Court

Nov 12, http://world.kbs.co.kr/english/news/news_Sc_detail.htm?No=94551

Korea Aerospace University said on Monday that air and space law professor Park Won-hwa has been appointed one of 14 judges of the court, who will deal with disputes on space matters.

SCC announces Deputy Secretary General Ms Kristin Campbell-Wilson

Nov 6, http://www.sccinstitute.com/?id=23696&newsid=44498

Ms Kristin Campbell-Wilson has been appointed SCC Deputy Secretary General. Ms Campbell-Wilson joins the SCC from a position as senior associate in the Litigation and Arbitration practice group of DLA Nordic in Stockholm, where she has represented Swedish and international clients in a wide range of matters.

Professor James Crawford Nominated for the International Court of Justice

Oct 31, http://www.lcil.cam.ac.uk/news/article.php?section=25&article=2022

The Lauterpacht Centre is delighted to announce that the Australian Government today supported the candidature of Professor James Crawford for election as a Judge of the International Court of Justice (ICJ).

See also http://foreignminister.gov.au/releases/2012/bc_mr_121030.html

Abhishek Srivastava joins LCIA India as Deputy Registrar

Nov 05, http://www.lcia-india.org/Default.aspx

We are pleased to announce the appointment of Abhishek Srivastava as the new Deputy Registrar at LCIA India. Abhishek joined LCIA India from the Kuala Lumpur Regional Centre for Arbitration (KLRCA), where he was case counsel tasked with administering international arbitration cases. He was also closely associated with the drafting of KLRCA's revised arbitration rules.

As Deputy Registrar, Abhishek will be involved in the day-to-day administration of cases and will also assist in the marketing initiatives of LCIA India.

LCIA welcomes new Registrar: Sarah Lancaster

Oct 29, http://www.lcia.org/

The LCIA is very pleased to welcome Sarah Lancaster, who joins the LCIA as Registrar on 29 October 2012.

ICC announces Ulf Pehrsson as Vice-Chair of the Commission on Trade and Investment Policy

Oct 11, http://www.iccwbo.org/News/Articles/2012/ICC-announces-Ulf-Pehrsson-as-Vice-Chair-of-the-Commission-on-Trade-and-Investment-Policy/

The International Chamber of Commerce (ICC) is pleased to announce the appointment of Ulf Pehrsson as incoming Vice-Chair of the ICC Commission on Trade and Investment.

Steptoe Expands International Arbitration Practice with Pieter Bekker

Oct 03, http://www.steptoe.com/news-1233.html

Brussels - Steptoe is pleased to announce that Pieter Bekker has joined the firm's International Arbitration Group as a partner. Dr. Bekker, who brings 20 years of experience in all aspects of cross-border dispute resolution, is based in the firm's Brussels office, but will regularly work out of Steptoe's London, Washington and New York offices.

BOOKS

International Dispute Settlement: Room for Innovations?

Edited by: Rudiger Wolfrum, Ina Gatzschmann
Springer-Verlag, Hardback, ISBN13: 9783642349669

This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms.

Civil and Commercial Mediation in Europe Volume I: National Mediation Rules and Procedures

Edited by: C. Esplugues, J. L. Iglesias, G. Palao
Publisher: Intersentia Publishers
Format: Hardback
ISBN13: 9781780680774

Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since known in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the fi eld of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, with an implementation date of 21.5.2011, prescribes a set of minimum common rules on mediation for all EU Member States with the exception of Denmark.

ICSID

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

Outcome of Proceeding: Tribunal renders its award on October 25, 2012.

Award: Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. ARB/06/11)

Award and Dissenting Opinion (Oct 05)

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

Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration (Additional Facility) Rule 49(1) on September 21.

New: Lundin Tunisia B. V. v. Republic of Tunisia (ICSID Case No. ARB/12/30)

Oil exploration and exploitation operations, Registered October 02

New: Guardian Fiduciary Trust, Ltd, f/k/a Capital Conservator Savings & Loan, Ltd v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/12/31)

Trust banking operations, Registered October 05, 2012.

New: Gelsenwasser AG v. People's Democratic Republic of Algeria (ICSID Case No. ARB/12/32)

Water and sanitation services management, Registered October 09. Tribunal not yet constituted.

New: UAB E energija (Lithuania) v. Republic of Latvia (ICSID Case No. ARB/12/33)

Heating services enterprise, Registered October 15. Tribunal not yet constituted.

New: Tullow Uganda Operations PTY LTD v. Republic of Uganda (ICSID Case No. ARB/12/34)

Petroleum exploration, development and production agreement. Registered October 31, 2012.

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

Tribunal constituted Oct 12. Hugo Perezcano; Alexis Mourre; Horacio Grigera Naón.

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