issue #01, week 01. 02 January 2013
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

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

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Recent issues:

ICC Arbitration Commission Report on Arbitration Involving States and State Entities under the ICC Rules of Arbitration

Nov 22, http://www.iccwbo.org/Advocacy-Codes-and-Rules/Document-centre/2012/ICC-Arbitration-Commission-Report-on-Arbitration-Involving-States-and-State-Entities-under-the-ICC-Rules-of-Arbitration/

The 2012 ICC Rules of Arbitration contain provisions that are intended to facilitate and further the participation of states and state entities in ICC arbitration.

The Report of the ICC Commission on Arbitration on States, States Entities and ICC Arbitration explains how ICC arbitration works when states and state entities are involved, including investment arbitrations.

The Report suggests modifications of the standard ICC arbitration clause that states, state entities and their contractual counterparts may wish to consider including in their contracts with respect to the number of arbitrators, the time limits, the confidentiality of the proceedings and other aspects.

The Report also illustrates the new provisions contained in the 2012 ICC Rules of Arbitration to facilitate and further the participation of states and state entities in ICC arbitrations and the practices of the ICC Court in the handling of these arbitrations.

Download (pdf, 1mb): http://www.iccwbo.org/Data/Policies/2012/ICC-Arbitration-Commission-Report-on-Arbitration-Involving-States-and-State-Entities-under-the-ICC-Rules-of-Arbitration,-2012/

ICC: Tobacco Products Directive risks undermining IP rights in EU market

Dec 20, http://www.iccwbo.org/News/Articles/2012/Tobacco-Products-Directive-risks-undermining-IP-rights-in-EU-market/

Business Action to Stop Counterfeiting and Piracy (BASCAP), an initiative of the International Chamber of Commerce (ICC), is concerned that measures included within the newly introduced EU Tobacco Products Directive will result in a backwash of unintended negative consequences, undermining intellectual property (IP) rights and increasing the problem of counterfeiting throughout the EU.

ICJ: Maritime Dispute (Peru v. Chile) Conclusion of the public hearings - Court to begin its deliberation

Dec 14, http://www.icj-cij.org/docket/files/137/17232.pdf

THE HAGUE, 14 December 2012. The public hearings in the case concerning the Maritime Dispute (Peru v. Chile) were concluded today. The Court will now begin its deliberation.

During the hearings, which opened on Monday 3 December 2012 at the Peace Palace, seat of the Court, the delegation of the Republic of Peru was led by H.E. Mr. Allan Wagner, Ambassador, former Minister for Foreign Affairs, former Minister of Defence, former Secretary-General of the Andean Community, Ambassador of Peru to the Kingdom of the Netherlands, as Agent; and the delegation of the Republic of Chile was led by H.E. Mr. Albert van Klaveren Stork, Ambassador, former Vice-Minister for Foreign Affairs, Professor at the University of Chile, as Agent.

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

ICJ: Temple of Preah Vihear (Cambodia v. Thailand) - Court to hold public hearings from Monday 15 to Friday 19 April 2013

http://www.icj-cij.org/docket/files/151/17196.pdf

THE HAGUE, 29 November 2012. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, will hold public hearings in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) from Monday 15 to Friday 19 April 2013, at the Peace Palace in The Hague, the seat of the Court.

ICJ: Territorial and Maritime Dispute (Nicaragua v. Colombia) - The Court finds that Colombia has sovereignty over the maritime features in dispute and draws a single maritime boundary

Nov 19, http://www.icj-cij.org/docket/files/124/17162.pdf

The Court finds that Colombia has sovereignty over the maritime features in dispute and draws a single maritime boundary

THE HAGUE, 19 November 2012. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, has today rendered its Judgment in the case concerning the Territorial and Maritime Dispute (Nicaragua v. Colombia).

In its Judgment, which is final, without appeal and binding on the Parties, the Court,

(1) finds, unanimously, that the Republic of Colombia has sovereignty over the islands at Alburquerque, Bajo Nuevo, East-Southeast Cays, Quitasueño, Roncador, Serrana and Serranilla;

(2) finds, by fourteen votes to one, admissible the Republic of Nicaragua's claim contained in its final submission I (3) requesting the Court to adjudge and declare that "[t]he appropriate form of delimitation, within the geographical and legal framework constituted by the mainland coasts of Nicaragua and Colombia, is a continental shelf boundary dividing by equal parts the overlapping entitlements to a continental shelf of both Parties";

(3) finds, unanimously, that it cannot uphold the Republic of Nicaragua's claim contained in its final submission I (3);

(4) decides, unanimously, that the line of the single maritime boundary delimiting the continental shelf and the exclusive economic zones of the Republic of Nicaragua and the Republic of Colombia shall follow geodetic lines connecting the points with co-ordinates...

ICSID rules in Chile's favor in Clarín case

Dec 19, http://www.foreigninvestment.cl/index.php?option=com_content&task=view&id=359

The International Centre for Settlement of Investment Disputes (ICSID) has upheld an appeal presented by Chile in 2010 for annulment of a ruling under which it would have had to pay compensation of US$10 million.

The decision marks the conclusion, after 15 years, of one of the longest international cases in the arbitration center's history and the only pending case against the State of Chile before the ICSID.

The International Centre for Settlement of Investment Disputes (ICSID), which forms part of the World Bank Group, upheld an appeal presented by the Chilean government in 2010 for the annulment of a decision that, in 2008, had condemned Chile to pay US$10 million to claimants Víctor Pey Casado and the President Allende Foundation.

This decision was based on supposed undue treatment of the claimants by the State in the issue of an administrative order and on their claims as regards ownership of a printing press, rather than on the confiscation of the goods of the El Clarín newspaper as they had initially alleged.

"It is a great victory for our country and an achievement for our government that, after more than a decade of proceedings in one of the longest and most irregular international cases in the history of the arbitration center, the ICSID has upheld the arguments of the Chilean defense," said Matías Mori, the executive vice-president of the Foreign Investment Committee and the lawyer who led defense of Chile's interests in this case.

The case began in 1997 when a request for institution of arbitration proceedings was presented by Víctor Pey Casado and the Spanish President Allende Foundation. The claimants initially filed for compensation of US$515 million, an amount that increased to US$797 million during the revision proceeding. Chile's defense reduced this to US$10 million and subsequently presented the appeal for annulment which was upheld by the international tribunal.

"We are very satisfied that, after a long and complex process, the ICSID has reached the conclusion that there were insufficient grounds for requiring Chile to pay compensation," said Mori.

He added that, "Chile is a leading destination for foreign investment thanks to its respect for the rule of law and protection of investors and this has again been borne out by the decision of this important international tribunal".

Matías Mori also thanked the technical teams that collaborated in the defense of Chile's interests. They were coordinated by Paolo Di Rosa of the Arnold & Porter law firm and Jorge Carey and Gonzalo Fernández of the Carey law firm, who worked ad honorem.

This was the only pending case against the State of Chile before the ICSID.

ICSID: 21-25 January 2013 public hearing TECO Guatemala Holdings, LLC v. Republic of Guatemala (ICSID Case No. ARB/10/23) DR-CAFTA/ICSID Arbitration Rules Proceeding

Dec 20, https://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement120

The hearing on objections to jurisdiction and the merits in the TECO Guatemala Holdings, LLC v. Republic of Guatemala case is scheduled to take place before a three-member arbitral tribunal from Monday, January 21, 2013 through Friday, January 25, 2013, starting at 9:00 a.m.

This case has been initiated under Chapter Ten of the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) and the ICSID Arbitration Rules in force since April 10, 2006, as modified by the provisions of DR-CAFTA.

Pursuant to DR-CAFTA Article 10.21.2, the hearing is open to the public, except for those parts which involve confidential matters. The hearing will be broadcast live in conference room Seminar C, level 5, of the New York Seminar and Conference Center (NYSCC). The conference room, which has limited seating, is located at 71 West 23rd Street, New York, NY 20010. Members of the public wishing to attend are requested to contact Ms. Lamiss Al-Tashi (laltashi@worldbank.org) of ICSID. All members of the public will be requested to provide their names and e-mail addresses in advance, in order to arrange for access to the broadcast room.

Cameras and recording equipment are not allowed on the premises.

SCC: This week sees the opening of Stockholm International Hearing Centre (SIHC).

Nov 15, http://www.sccinstitute.com/?id=23696&newsid=44560

SIHC will offer tailor-made services for arbitral tribunals and cater for all needs and requirements in connection with the setting up of arbitration hearings.

Website: http://sihc.se/

CRCICA and SCC sign a cooperation agreement

Dec 10, http://crcica.org.eg/newsletters/nl201203/crnl201203.html

On 10 October 2012 in Cairo, CRCICA entered into a cooperation agreement with the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). Signed on the occasion of the conference on Euro-Arab Investor-Sate Dispute Resolution: Recent Developments and Future Perspectives , the Agreement includes cooperation in promoting the use of arbitration, organizing seminars, conferences and educational activities, in the appointment of arbitrators, mediators, experts and other neutrals as well as in providing local administrative facilities and support services.

EFTA and Central America move towards finalisation of free trade negotiations

Dec 20, http://www.efta.int/free-trade/free-trade-news/2012-12-17-efta-central-america-5th-round-fta.aspx

At a fifth round of negotiations held in Guatemala City on 10-14 December 2012, delegations from the EFTA States as well as Costa Rica, Guatemala, Honduras and Panama made important progress towards the conclusion of a free trade agreement between the two sides.

In intensive discussions, the negotiations with Costa Rica could be substantially concluded, while those with Panama came close to completion. With Guatemala and Honduras, further talks will be needed notably on market access commitments for goods. Additional work also remains to be done in some other areas, such as trade in services.

The Parties concerned will pursue their discussions in early 2013 with a view to finalising the negotiations swiftly and to signing the free trade agreement by mid-2013.

The EFTA team during the round was again led by Ambassador Didier Chambovey from Switzerland. Bilateral merchandise trade between the two regions reached almost USD 1 billion in 2011.

Energy Charter: Montenegro and Yemen Join the Charter as Observers

Dec 06, http://www.encharter.org/index.php?id=61&L=0

On 27 November 2012 the Energy Charter Process welcomed two new participants: Montenegro signed the 1991 Energy Charter during the 23rd meeting of the Energy Charter Conference in Warsaw. Montenegro was the 61st country to put its signature under this important document. In doing so, Montenegro completed the first necessary step on the way to acceding to the Energy Charter Treaty.

The second country to come on board was Yemen, who became an observer by invitation of the Energy Charter Conference.

ECT: Member Countries Give Green Light to the Modernisation of the 1991 Energy Charter

Nov 17, http://www.encharter.org/index.php?id=21&id_article=334&L=0

27 November 2012, Warsaw - Today the Energy Charter Conference at its 23rd Meeting adopted a historic decision to proceed with the modernisation of the 1991 Energy Charter, the founding document of the Energy Charter Process.

Fully supporting the fundamental principles contained in the 1991 Charter, under which they have all put their signatures over the years, Charter member countries agreed that this important document required updating. The realities of the world of energy of the 21st century need to be addressed by the Energy Charter Process, as does the changing focus of the Charter, which now goes beyond the traditional link between Western Europe and Former Soviet countries and on to new regions of the globe.

To meet these challenges, the Charter member countries agreed to engage in a process of preparing the draft of an updated version of the 1991 Energy Charter. Upon the successful completion of negotiations with all member countries and reaching agreement on the updated text of the Charter, a high-level ad hoc Conference will be convened for the official adoption of this unique document.

The government of Poland, the host of the 23rd Meeting of the Energy Charter Conference, confirmed their consent for this important process of modernising the 1991 Energy Charter to be referred to as the Warsaw Process.

The 1991 (European) Energy Charter is at the heart of the Energy Charter Process, it is the political declaration giving foundation to the legally binding 1994 Energy Charter Treaty. The first step for a country to become a member of the Treaty is to sign the Energy Charter. As of today, sixty-one countries have signed the Charter (the most recent country to do so was the Republic of Montenegro on 27 November 2012), fifty-one have become members of the Energy Charter Treaty. The Energy Charter Conference is the governing and decision-making body of the Energy Charter. It brings together fifty-one member governments from Europe and Asia, as well as the European Union and Euratom.

BIICL and CIL Joint Research Project on Treaty Law and Practice

Dec 20, http://www.biicl.org/news/view/-/id/180/

The British Institute of International & Comparative Law is collaborating with the Centre for International Law, National University of Singapore (CIL), on a project to deliver research and training on treaty law and practice.

Two outputs of this project are now available online.

AAA: American Arbitration Association Launches Online ADR Tool, ClauseBuilder

Dec 06, http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202580133546&rss=rss_cc&slreturn=20121106104251

The American Arbitration Association (AAA) is set to launch ClauseBuilder Tuesday, a new online tool that will facilitate the creation of arbitration and mediation agreements. It is the first such tool to be offered by an alternative dispute resolution services provider.

Website: www.clausebuilder.org

WIPO: Mexico Joins the International Trademark System

Nov 29, http://www.wipo.int/pressroom/en/articles/2012/article_0024.html

Mexico's Secretary of Economy Bruno Ferrari deposited his country's instrument of accession to the Madrid Protocol for the International Registration of Marks with WIPO Director General Francis Gurry on November 19, 2012, bringing the total number of members of the international trademark system to 89. The treaty will enter into force with respect to Mexico on February 19, 2013. The Madrid System for the International Registration of Marks (Madrid system) offers trademark owners a cost effective, user friendly and streamlined means of protecting and managing their trademark portfolio internationally.

World Trade Organization Adopts Panel and Appellate Body Reports in Steel Dispute with China

Nov 19, http://www.ustr.gov/about-us/press-office/press-releases/2012/november/wto-adopts-reports-steel-dispute-china

"We are pleased that the WTO has adopted these important reports finding that China has misused trade remedies against U.S. exports of certain steel products. This is a broad and decisive victory for the United States and for American workers and manufacturers," said Ambassador Kirk. "Every dollar of U.S. exports supports jobs here at home. This Administration will continue fighting to make China and other countries play by the rules so that American workers and producers can compete and win in the global marketplace."

WTO: Afghanistan's WTO accession negotiations accelerate

Dec 07, http://www.wto.org/english/news_e/news12_e/acc_afg_07dec12_e.htm

At the third meeting of the Afghanistan accession working party, held on 7 December 2012, WTO members expressed their willingness to make this accession a priority in 2013.

WTO: Honduras requests panel on Australia's tobacco measures

Nov 19, http://www.wto.org/english/news_e/news12_e/dsb_19nov12_e.htm

At the Dispute Settlement Body meeting on 19 November 2012, Australia rejected the first request for a panel made by Honduras on Australia's measures concerning trademarks, geographical indications and other plain packaging requirements applicable to tobacco products and packaging.

Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging

Australia rejected the first request for a panel made by Honduras on Australia's measures concerning trademarks, geographical indications and other plain packaging requirements applicable to tobacco products and packaging.

Honduras said that Australia's measures regulating the plain packaging of tobacco products appeared to be inconsistent with Australia's obligations under the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement and the Technical Barriers to Trade (TBT) Agreement. The measures restricted the essential functions of a trademark and geographical origin of certain products of special reputation. In its view, Australia's measures cannot be justified as necessary to protect human health. Consultations held with Australia did not resolve the matter; hence, the request from Honduras for establishment of a panel.

Australia said that its tobacco plain packaging was a sound, well-considered measure designed to achieve a legitimate objective, the protection of public health. In its view, the plain packaging legislation does not undermine the protection afforded under the TRIPS Agreement nor was the measure more trade restrictive than necessary to fulfil its legitimate public health objective. The measure was origin neutral, non-discriminatory and applied to all tobacco products. It was also in line with the World Health Organization's Framework Convention on Tobacco Control, to which Honduras was also a party. Thus, Australia was not in a position to agree to the establishment of a panel.

Nicaragua, Zimbabwe, the Dominican Republic and Ukraine shared Honduras' concerns regarding the effect of Australia's measures. Ukraine made reference to its previous statement regarding its own complaint about Australia's measures. The Dominican Republic said that it too had submitted its request for the establishment of a panel to examine Australia's measures and that request would be considered by the Dispute Settlement Body (DSB) at its December meeting. New Zealand, Norway and Uruguay supported Australia's measure and noted the sovereign right of WTO members to regulate and protect public health. New Zealand said that it too was considering plain packaging.

WTO: Japan files dispute against China's anti-dumping measures

Dec 20, http://www.wto.org/english/news_e/news12_e/ds454rfc_20dec12_e.htm

Japan notified the WTO Secretariat on 20 December 2012 of a request for consultations with China concerning China's measures imposing anti-dumping duties on high performance stainless steel seamless tubes from Japan.

WTO: Kazakhstan paves way to becoming WTO member in 2013

Dec 13, http://www.wto.org/english/news_e/news12_e/acc_kaz_10dec12_e.htm

The working party on the accession of Kazakhstan, on 10 December 2012, held its 14th meeting to review progress in the membership negotiations. Members expressed hopes that Kazakhstan would reach the finishing line for accession in 2013.

WTO: Members welcome progress in Azerbaijan's accession

Dec 07, ttp://www.wto.org/english/news_e/news12_e/acc_aze_07dec12_e.htm

On 7 December 2012, WTO members reviewed the state of play in the market access negotiations, foreign trade regime and legislative reforms to advance Azerbaijan's accession to the WTO.

WTO: Panama files dispute against Argentina's trade measures in goods and services

Dec 13, http://www.wto.org/english/news_e/news12_e/ds453rfc_12dec12_e.htm

Panama has notified the WTO Secretariat, 12 December 2012, of a request for consultations with Argentina on alleged discrimination and restrictions in certain measures applied by Argentina to trade in goods and services.

This is the eighth dispute involving Argentina notified to the WTO Secretariat since May this year. The other disputes are cases filed by the European Union, the United States, Japan and Mexico against Argentina, a case filed by Argentina against the European Union and two cases against the United States.

WTO: Panel established on US countervailing and anti-dumping measures on Chinese products

Dec 20, http://www.wto.org/english/news_e/news12_e/dsb_17dec12_e.htm

The Dispute Settlement Body (DSB), on 17 December 2012, established a panel to examine the complaint by China against United States' countervailing and anti-dumping measures applied to Chinese exports.

Panel established on US/China dispute on countervailing and anti-dumping measures on Chinese products. Other requests involving Argentina and Dominican Republic were rejected. Mexico asked its request to be removed from the agenda.

WTO: Trade Policy Review: East African Community (EAC)

Nov 21, http://www.wto.org/english/tratop_e/tpr_e/tp371_e.htm

The second review of the trade policies and practices of Kenya, Tanzania, Uganda, Burundi and Rwanda takes place on 21 and 23 November 2012. The basis for the review is a report by the WTO Secretariat and a report by the Governments of Kenya, Tanzania, Uganda, Burundi and Rwanda.

Report: http://www.wto.org/english/tratop_e/tpr_e/s271_e.zip

WTO: Ukraine urged to withdraw request for renegotiation of tariff commitments

Nov 29, http://www.wto.org/english/news_e/news12_e/good_26nov12_e.htm

At the Council for Trade in Goods meeting on 26 November, 23 delegations issued a joint statement urging Ukraine to withdraw its request to renegotiate tariff commitments on a wide range of products. Several delegations expressed concern over trade actions by the Russian Federation and Brazil.

WTO: WTO approves Tajikistan's membership

Dec 10, http://www.wto.org/english/news_e/news12_e/acc_tjk_10dec12_e.htm

The General Council today (10 December 2012) paved the way for Tajikistan's membership of the WTO by approving its accession package. Tajikistan would have to ratify the deal by 7 June 2013 and would become a WTO member 30 days after the ratification.

WTO: WTO Arbitrator determines "reasonable period of time" in "US-COOL" dispute

Dec 06, http://www.wto.org/english/news_e/news12_e/384_386arb2_e.htm

A WTO Arbitrator, on 4 December 2012, issued his award regarding the "reasonable period of time" for the implementation of Dispute Settlement Body recommendations and rulings in the dispute "United States - Certain Country of Origin Labelling (COOL) Requirements" (WT/DS384, WT/DS386).

[Documents at link above]

UN - Latvia Withdraws "Written Form" Declaration Under the United Nations Convention on Contracts for the International Sale of Goods (CISG)

Nov 15, http://www.unis.unvienna.org/unis/pressrels/2012/unisl177.html

UN Information Service - On 13 November, Latvia deposited an instrument with the Secretary-General of the United Nations withdrawing its "written form" declaration under the United Nations Convention on Contracts for the International Sale of Goods (CISG). With this action, Latvia joins the vast majority of CISG States Parties that do not require the written form for contracts for the international sale of goods. Latvia's action will take effect on 1 June 2013.

Under the CISG, contracts for the international sale of goods do not need to be concluded in writing in order to be valid unless a State deposits a specific declaration to that effect. By withdrawing the declaration it made upon accession to the CISG in 1997, Latvia now accepts the provisions allowing freedom of contractual form. Latvia's action is part of a current trend for States to reconsider declarations made upon signing or acceding to the CISG. Withdrawal of these declarations increases the level of legal uniformity in the scope of application of the convention.

The CISG provides an equitable and modern uniform framework for the contract of sale, which is the backbone of international trade in all countries, irrespective of their legal tradition or level of economic development. The CISG is therefore considered to be one of the core conventions in international trade law.

The CISG, which has been adopted by a large number of major trading countries, establishes a comprehensive code of legal rules governing the formation of contracts for the international sale of goods, the obligations of the buyer and seller, remedies for breach of contract and other aspects of the contract. The CISG currently has 78 State Parties.

Further information on the CISG is available on the UNCITRAL website at www.uncitral.org.

UNCTAD Launches the Eighth Investment Policy Monitor [pdf]

Nov 26, http://unctad.org/en/PublicationsLibrary/webdiaepcb2012d5_en.pdf

The report highlights a significant dichotomy in national investment policy making, where some countries took partial liberalization steps in sensitive sectors, while others strengthened their control over key domestic industries. At the same time, international investment policy making further moved towards more regional IIAs, increasing attention on sustainable development and intensifying the public debate on pros and cons of IIAs.

UNCTAD Starts New Cycle of Technical Assistance Based on its Brand-New Investment Policy Framework for Sustainable Development

Nov 19, http://unctad.org/en/Pages/MeetingDetails.aspx?meetingid=157

Workshop on International Investment Policies, Investment Promotion Strategies and Sustainable Development for African IDB member countries

ITLOS: Public Hearing to Be Held in the "Ara Libertad" Case (Argentina V. Ghana) on 29 and 30 November 2012 - Live Webcast of the Hearings on the Tribunal'S Website

Nov 22, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_183_E.pdf

The public hearing on the Request for provisional measures in the "ARA Libertad" Case (Argentina v. Ghana) will open on Thursday, 29 November 2012, at 9.30 a.m. Judge Yanai, President of the Tribunal, will preside.

The precise schedule for the hearing will be announced at a later stage.

History of Proceedings

On 14 November 2012, Argentina submitted a request for the prescription of provisional measures under article 290, paragraph 5, of the United Nations Convention on the Law of the Sea to the Tribunal in a dispute with Ghana concerning the detention by the Ghanaian authorities of the frigate of the Argentine Navy ARA Libertad. 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. In the provisional measures proceedings before the Tribunal, Argentina requests the prescription of the following provisional measure:

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

Attending the hearing

The hearing 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.

...

ITLOS: The "Ara Libertad" Case (Argentina v Ghana) - Solemn Declaration By Judge Ad Hoc in Case No. 20

Nov 28, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_184_E.pdf

The Tribunal will hold a short public sitting in The "ARA Libertad" Case (Argentina v. Ghana) on Wednesday, 28 November 2012, at 2.45 p.m.

During the sitting, Mr Thomas A. Mensah (Ghana), Judge ad hoc chosen by Ghana will make the solemn declaration required under article 9 of the Rules of the Tribunal.

The public hearing on the Request for provisional measures in The "ARA Libertad" Case (Argentina v. Ghana) will be held on Thursday, 29 and Friday, 30 November 2012. Judge Yanai, President of the Tribunal will preside.

ITLOS: The "Ara Libertad" Case (Argentina V. Ghana) - Tribunal to Deliver its Order on Saturday, 15 December 2012, At 3.00 P.M.

Dec 12, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_186_E.pdf

The International Tribunal for the Law of the Sea will deliver its Order in the "ARA Libertad" Case (Argentina v. Ghana) on Saturday, 15 December 2012, at 3 p.m. The Order will be read by the President of the Tribunal, Judge Shunji Yanai, at a public sitting in the main courtroom.

The oral proceedings in the "ARA Libertad" Case (Argentina v. Ghana) were held on 29 and 30 November 2012. Argentina, in its final submissions, requested that the Tribunal prescribe the following provisional measure:

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

adding:

Equally Argentina requests that the Tribunal rejects all the submissions made by Ghana.

Ghana, in its final submissions, requested the Tribunal:

(1) to reject the request for provisional measures filed by Argentina on 14 November 2012; and

(2) to order Argentina to pay all costs incurred by the Republic of Ghana in connection with this request.

The text of the Order will be available on the website of the Tribunal shortly after its delivery.

ITLOS: Tribunal Orders Release of Argentine Frigate "Ara Libertad"

Dec 19, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_188_E.pdf

Order: http://www.itlos.org/fileadmin/itlos/documents/cases/case_no.20/C20_Order_15_12_2012.pdf

Therefore, in its Order of 15 December 2012, the Tribunal,

(1) Unanimously,

Prescribes, pending a decision by the Annex VII arbitral tribunal, the following provisional measures under article 290, paragraph 5, of the Convention:

Ghana shall forthwith and unconditionally release the frigate ARA Libertad, shall ensure that the frigate ARA Libertad, its Commander and crew are able to leave the port of Tema and the maritime areas under the jurisdiction of Ghana, and shall ensure that the frigate ARA Libertad is resupplied to that end.

(2) Unanimously,

Decides that Argentina and Ghana shall each submit the initial report referred to in paragraph 103 not later than 22 December 2012 to the Tribunal, and authorizes the President to request such information as he may consider appropriate after that date.

(3) Unanimously,

Decides that each Party shall bear its own costs.

Judge Paik appends a declaration to the Order of the Tribunal. Judge Chandrasekhara Rao appends a separate opinion to the Order of the Tribunal. Judges Wolfrum and Cot append a joint separate opinion to the Order of the Tribunal. Judge Lucky appends a separate opinion to the Order of the Tribunal.

A recorded webcast of the public sitting is available under Webcast Archives.

The text of the Order is available on the website of the Tribunal.

FINRA and JSDA Sign Cooperation Agreement - FINRA

Nov 29, http://www.finra.org/Newsroom/NewsReleases/2012/P197345

TOKYO and WASHINGTON - The U.S. Financial Industry Regulatory Authority (FINRA) and Japan Securities Dealers Association (JSDA) have entered into a Memorandum of Understanding (MOU) to support more robust cooperation between the two regulators.

African Union holds decisive meeting on Abyei

Dec 13, http://www.sudantribune.com/spip.php?article44858

KHARTOUM/JUBA - The African Union Peace and Security Council (AUPSC) will hold a meeting Friday to take a crucial decision over the future of the disputed area of Abyei, as a South Sudanese official said Russia supports the continent's proposal.

After Standoff, Iran, Turkmenistan Make Gas Deal

Dec 20, http://www.rferl.org/content/turkmenistan-iran-gas-dispute/24802987.html

The gas trade has been a sordid affair for Turkmenistan and Iran. In early November, Turkmenistan stopped gas flows to Iran -- its third-biggest export market -- over either payment issues on the Iranian side or pipeline maintenance, depending on who you believe.

Algeria: Sawiris' Weather seeks $5bn Algeria damages

Nov 19, http://www.ft.com/intl/cms/s/0/9f78672a-316e-11e2-b68b-00144feabdc0.html

Weather, the investment company chaired by Naguib Sawiris, the Egyptian telecoms magnate, is seeking $5bn from the Algerian government for alleged harassment and interference of the country's largest telecoms operator.

Argentia: Gov't announces expropriation of La Rural property (Buenos Aires)

Dec 21, http://www.buenosairesherald.com/article/119898/govt-announces-expropriation-of-la-rural-propety

Cabinet Chief Juan Manuel Abal Medina announced during a televised press conference that the National Government was expropriating the plot of land where the La Rural farming expo is located, after effectively annulling decree 22.699 from 1991 which sold the land to private investors.

Argentina and Spain met after the expropriation of the 51% of YPF

Nov 19, http://m24digital.com/en/2012/11/17/argentina-and-spain-met-after-the-expropriation-of-the-51-of-ypf/

Today, the Foreign Minister Héctor Timerman met with his Spanish counterpart Jose Manuel Garcia-Margallo in Cadiz. This is the first official meeting since the conflict triggered by the nationalization of 51% of YPF. The meeting took place in the framework of the Summit of Cadiz.

Argentina faces 65bn dollars in claims; plans to abandon international litigations court

Nov 29, http://en.mercopress.com/2012/11/28/argentina-faces-65bn-dollars-in-claims-plans-to-abandon-international-litigations-court

Argentina faces 42 claims at the World Bank's ICSID in which the plaintiffs are demanding compensations for almost 65 billion dollars, revealed Eduardo Barcesat legal advisor to the Argentine Treasury and one of several lawyers who has defended the country in those litigations.

Argentina to appeal whole bond ruling today - Judge Griesa's decision to be appealed by government

November 26, http://www.buenosairesherald.com/article/117849/argentina-to-appeal-whole-bond-ruling-today

Reuters - Argentina will go to an appeals court in New York today to challenge the ruling of US Judge Thomas Griesa, who last week issued a decision that raised the spectre of a technical default. A decade after committing the biggest sovereign default in history, Argentina faces another crisis after a US court ordered it to pay US$1.3 billion by December 15 to holders of defaulted bonds.

Argentina to argue debt repayments immune to U.S. law

Nov 16, http://thestar.com.my/news/story.asp?file=/2012/11/17/worldupdates/2012-11-17T010644Z_1_BRE8AG00W_RTROPTT_0_UK-ARGENTINA-BONDS&sec=Worldupdates

Reuters - Argentina's government will tell a U.S. judge on Friday that sovereign debt repayments made outside the United States are immune to U.S. law and seizures by holdout bondholders, the South American country's state news agency reported.

Argentina: Chevron, YPF Set Terms for Argentine Shale Oil Deal

Dec 19, http://www.foxbusiness.com/news/2012/12/19/chevron-ypf-set-terms-for-argentine-shale-oil-deal/

Chevron Corp. (CVX) and Argentina's state-run oil company, YPF SA (YPF, YPFD.BA), said Wednesday they have moved closer to forming a partnership that would invest billions of dollars to bring the South American nation's vast shale-oil resources into production.

Argentina: Defaulted bonds: Argentina makes its case before the New York Appeals court

Dec 28, http://en.mercopress.com/2012/12/28/defaulted-bonds-argentina-makes-its-case-before-the-new-york-appeals-court

Argentina will be making a presentation before the US Court of Appeals for the second circuit, in Manhattan on Friday regarding Federal Judge Thomas Griesa recent ruling that Argentine defaulted bondholders must be paid simultaneously with those who accepted the restructured bonds.

Argentina: La Rural - Judge rules in favour of expropriation

Dec 31, http://www.buenosairesherald.com/article/120444/la-rural-judge-rules-in-favour-of-expropriation

Judge Silvina Bracamonte rejected the cautionary measure requested by the Argentine Rural Society (SRA) to stop the expropriation of the grounds in Palermo announced by the National Government last Friday.

Argentina: Repsol gains help Spain's Ibex climb

Nov 19, http://www.ft.com/intl/cms/s/0/d0d08e0a-2f17-11e2-b8c5-00144feabdc0.html

Optimism that a dispute over Argentina's expropriation of YPF from Spain's Repsol would be resolved prompted investors to buy into the Spanish oil and gas producer on Thursday.

Argentina: Repsol sues Chevron in New York over development of YPF energy assets

Dec 06, http://en.mercopress.com/2012/12/06/repsol-sues-chevron-in-new-york-over-development-of-ypf-energy-assets

Spain's Repsol has sued Chevron Corp. in New York seeking to prevent the US oil giant from developing energy assets in Argentina. The federal lawsuit filed Tuesday follows other legal claims that the Spanish oil company has filed in Madrid and Washington, demanding more than 10 billion dollars in compensation for the majority stake in the YPF oil company that Argentina's government took over in April.

Argentina: Repsol wants fair compensation from Argentina; will appeal to all legal resources

Nov 20, http://en.mercopress.com/2012/11/20/repsol-wants-fair-compensation-from-argentina-will-appeal-to-all-legal-resources

Repsol Chairman Antonio Brufau has expressed his determination to reach a solution on compensation for the nationalisation of its shares in YPF, and says that he is willing to take the matter to an international court level to ensure a fair amount is paid.

Argentina: Sovereign debt after Judge Griesa

November 25, 2012 4:10 pm

http://www.ft.com/intl/cms/s/0/5ded9f18-3575-11e2-bf77-00144feabdc0.html

After Argentina defaulted in 2001, most of its creditors eventually accepted a restructuring. But Elliott Associates and Aurelius Capital, the hedge funds, fought a long legal battle to be repaid in full. The government, meanwhile, has vowed it would never pay those that it calls "vulture funds".

Argentina: Spain's Repsol files complaint against Argentina over seizure of YPF (ICSID)

Dec 03, http://en.mercopress.com/2012/12/03/spain-s-repsol-files-complaint-against-argentina-over-seizure-of-ypf

Spain's Repsol SA filed on Monday a complaint against Argentina before the International Centre for Settlement of Investment Disputes (ICSID) over its nationalization of energy company YPF SA, according to sources familiar with the dispute.

Argentina: WB tribunal accepts Repsol complaint over YPF takeover

Dec 24, http://www.buenosairesherald.com/article/119978/wb-tribunal-accepts-repsol-complaint-over-ypf-takeover

The World Bank's arbitration body started moving ahead this week on a complaint by Spanish oil major Repsol over Argentina's expropriation of its controlling stake in energy company YPF. Two weeks after Repsol filed the complaint, the International Center for Settlement of Investment Disputes agreed on December 18 to begin the arbitration process, according to the organization's web site.

Asian political parties call for peaceful settlement of dispute in Spratlys

Nov 22, http://globalnation.inquirer.net/57353/asian-political-parties-call-for-peaceful-settlement-of-dispute-in-spratlys

BAKU, AZERBAIJAN-Leaders of Asian political parties have drafted a declaration calling on the US, China and the Association of Southeast Asian Nations (Asean) to convert the disputed South China Sea (West Philippine Sea) from a "zone of conflict into a zone of peace."

Australia: Aquila Resources says arbitrator made orders for arbitration to commence in late Feb 2013

Dec 11, http://www.aquilaresources.com.au/files/West%20Pilbara%20Iron%20Ore%20Project%20-%20Budget%20Dispute%20Update.pdf

West Pilbara Iron Ore Project Budget Dispute Update

Aquila Resources Limited (ASX:AQA "the Company" or "Aquila") refers to its previous announcements in which it advised that the Company and its joint venturer in the West Pilbara Iron Ore Project ("Project"), AMCI (IO) Pty Ltd ("AMCI"), have not reached agreement on a proposed budget for the 2012/2013 financial year. As a result, the dispute was referred to arbitration in September 2012, in accordance with the dispute resolution procedures of the Joint Venture Agreement.

At a directions hearing today, the arbitrator made orders for the arbitration to commence in late February 2013. Aquila is hopeful that the arbitration award will be handed down during the March 2013 Quarter.

As previously advised, a determination by the arbitrator is non-binding, except for the identification of a Vendor Participant whose Venture Interest may be acquired by the other Participant at fair market value (should the relevant dispute remain unresolved).

The Project has moved to minimum expenditure whilst the dispute is being resolved and this has resulted in a number of work programmes being wound down or suspended for the time being.

Bangladesh gives up claim on 8 deep water gas blocks

Dec 10, http://www.thefinancialexpress-bd.com/index.php?ref=MjBfMTJfMDhfMTJfMV8xXzE1MjUwNg==

Following the ITLOS verdict Bangladesh has given up claim on eight deep water gas blocks out of the total 12 blocks that were under dispute with Myanmar, as the former finalised block map for new offshore bidding round, a top official of Petrobangla said Friday.

Belarus ratifies Bilateral Investment Treaty with Pakistan

Dec 20, http://pakobserver.net/detailnews.asp?id=187743

Victor Rybak, Ambassador of Belarus to Pakistan has said that Bilateral Investment Treaty between Belarus and Pakistan has been ratified by Belarus while ratification from Pakistan is awaited.

AES Brasil Seeks to Start Shuttered Plant With Petrobras

Dec 06, http://www.bloomberg.com/news/2012-11-30/aes-brasil-seeks-to-start-shuttered-plant-with-petrobras-gas-1-.html

AES Corp. (AES)'s Brazilian unit said it's in talks to buy gas from Petrobras Argentina SA (PESA) to reopen a power plant amid a $1 billion dispute with YPF SA.

Bolivia nationalises electricity companies

Dec 29, http://www.aljazeera.com/news/americas/2012/12/2012122921733933444.html

Bolivia has nationalised two electricity distribution companies owned by Spanish utility Iberdrola, the latest move by leftist President Evo Morales to assert control over the country's resources.

Iberdrola will be compensated according to a valuation to be drawn up by an independent arbiter, Morales said on Saturday, adding that the measure was aimed at enhancing rural energy services.

"We considered this measure necessary to ensure equitable energy tariffs ... and to see to it that the quality of electricity service is uniform in rural as well as urban areas," Morales said.

Bolivia: South American Silver Provides Update on Bolivian Investment Dispute

Dec 12, http://www.soamsilver.com/december-12-2012-news-release.asp

12 December, 2012 - Vancouver, British Columbia - South American Silver Corp. (TSX: SAC, US OTC: SOHAF) is pleased to provide this update on some of the steps taken recently in the investment dispute between the Company's wholly-owned subsidiary South American Silver Limited and the Plurinational State of Bolivia. The dispute arose as a result of acts and omissions of the Government of Bolivia including the issuance of Supreme Decree No.1308 on August 1, 2012, revoking all of the mining concessions held by Compañia Minera Malku Khota S.A. (CMMK). CMMK is a wholly owned subsidiary of South American Silver Limited, which is a protected investor under the Bilateral Investment Treaty between the United Kingdom and Bolivia (the "UK-Bolivia Treaty"). The acts and omissions of the Bolivian Government are in violation of the UK-Bolivia Treaty and of international law.

On July 16, 2012 the Company engaged the international law firm, King & Spalding LLP, to act as lead legal counsel in any international arbitration proceedings against Bolivia. King & Spalding is a leading law firm with extensive experience in investor-state arbitrations, particularly in South America.

On August 2, 2012, on the recommendation of King & Spalding, the Company engaged one of Bolivia's leading law firms to act as co-counsel to King & Spalding. The firm also has extensive experience in investor-state arbitration as well as special expertise in Bolivian and international law.

On September 13, 2012 the Company retained a leading global financial advisory firm to provide expert services to assess the damages suffered by the revocation of CMMK's mining concessions. The firm has vast experience as a damages expert in international arbitration and has special expertise in mining-related cases.

On October 23, 2012 South American Silver Limited delivered a formal letter to the Bolivian Government notifying it of the investment dispute under the UK-Bolivia Treaty. Notification of the investment dispute triggered a six-month cooling-off period during which the disputing parties may negotiate a settlement. The cooling-off period expires on April 23, 2013.

On December 12, 2012, South American Silver Limited delivered a formal letter to the Bolivian Government reiterating its willingness to meet with Bolivian Government representatives in order to settle the dispute.

Phillip Brodie-Hall, President and CEO of South American Silver said, "We are hopeful that the Government of Bolivia will agree to meet in order to negotiate an early settlement to the dispute. However, if a settlement cannot be reached by April 23, 2013, we will be filing a Notice of 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. Given the size of the project, the claim will be substantial. Indeed, as recently as December 11, 2012, Edgar Alan Pinto, the President of the Bolivian state-owned mining corporation (COMIBOL), was quoted in the Bolivian Press describing the project as one of the most attractive on the South American continent because of its high concentration of silver, indium, gallium and gold".

Brazil Reigning in Argentina

Dec 07, http://www.energytribune.com/67227/brazil-reigning-in-argentina

Rousseff, shy to geopolitics so far, and arguably too slow to react to Argentina's moves, finally showed the teeth she earned in internal Brazilian politics. Her demands are the same of every other investor with interests in Argentina: security of investment guarantees.

Brazil-Argentina: Decision Nears in Years-Old Suit Against Argentina's YPF

Nov 19, http://www.4-traders.com/YPF-SA-9908956/news/Decision-Nears-in-Years-Old-Suit-Against-Argentina-s-YPF-15516232/

The dispute stems from Argentina's 2004 decision to stop exporting gas to neighboring nations amid an energy crunch at home. Brazilian energy companies AES Uruguaiana Empreendimentos SA and Companhia de Gas do Estado do Rio Grande do Sul, or Sulgas, are seeking damages topping $1 billion.

Brazil: JVCO to open arbitration against Telecom Italia/TIM

Dec 27, http://www.telecompaper.com/news/jvco-to-open-arbitration-against-telcom-italiatim--916045

JVCO Participacoes, owned by Brazilian businessman Nelson Tanure, is taking steps to initiate arbitration at the International Chamber of Commerce (ICC) requiring Telecom Italia and TIM Participacoes to respect their obligations under the shareholders' agreement, according to a report by the Reuters news agency. The move follows a 21 December statement by TIM saying that JVCO now holds less than 1.5 percent of TIM, which gave it the right, at its sole discretion, immediately to terminate the shareholders' agreement.

Brazil: Pão de Açúcar's Diniz takes shareholder Casino to arbitration [ICC]

Dec 20, http://www.reuters.com/article/2012/12/20/paodeaucar-abritration-casino-idUSL1E8NK9SA20121220

Reuters - Diniz said in a statement on Thursday that it sought for arbitration before the International Chamber of Commerce to demand Casino sticks to a shareholder agreement signed in 2006.

Bulgaria successfully blocks Zeevi Holdings Ltd. attempt to obtain recognition and enforcement of an arbitration award in U.S.

Dec 10, http://www.focus-fen.net/index.php?id=n294424

Bulgaria has successfully blocked the attempt of Zeevi Holdings Ltd. to obtain recognition and enforcement of an arbitration award in the United States, the press center of the Ministry of Finance announced. In 2001 Zeevi Holdings Limited, the company that privatized Balkan EAD airline, filed an international arbitration case against Bulgaria. Zeevi Holdings claimed that Bulgaria had violated clauses in the privatization contract and claim damages in excess of USD 220 million and interest for the delay. Bulgaria opposed the jurisdiction of arbitration and counterclaimed claims against Zeevi Holdings Ltd.

Bulgarian MPs Examine Violations in Belene Nuclear Project

Nov 21, http://nucpros.com/content/bulgarian-mps-examine-violations-belene-nuclear-project

NOVINITE - Bulgaria's temporary parliamentary subcommittee for the Belene NPP is examining Tuesday the report of the Public Financial Inspection Agency revealing violations in a number of procedures. At the last subcommittee meeting, the Members of the Parliament decided to extend the deadline for their work to January 25th. Its report about likely violations in the preliminary procedures for the project to build a second Nuclear Power Plant in the Danube town of Belene is expected right in the eve of the referendum, scheduled for January 27th.

Canada And the United States Are Bickering Over Ownership of a Tiny Island

Dec 27, http://blogs.smithsonianmag.com/smartnews/2012/12/canada-and-the-united-states-are-bickering-over-ownership-of-a-tiny-island/

A 17th century British land grant underpins the Canadian land claim, arguing the island was a part of the province of Nova Scotia. The establishment of a lighthouse on the island in 1832 by the British serves as the supposed final stake in the Canadian perspective on the debate, says Stephen R. Kelley, the former U.S. ambassador to Canada in an opinion story in The New York Times. From the American perspective, however, the 1783 Treaty of Paris—the document that ended the Revolutionary War between the British and the U.S.—gives the island to America.

Canada-Europe Trade: State of play - EU wants investor compensation for Canada's health and environment policies

Nov 25, http://www2.macleans.ca/2012/11/25/canada-europe-trade-state-of-play/

Paul Wells "Somebody in the European Union was kind enough to leak a detailed briefing memo on Canada-Europe trade talks to Quebec's CAQ party. Here it is. I've never seen such a detailed account of the negotiations. Here is what stands out after a preliminary read."

http://www.lapresse.ca/html/1633/Document_UE_2.pdf

Canada: AltaGas Ltd. Receives Independent Arbitration Panel Ruling Regarding Claim of Force Majeure on Sundance Unit 3

Nov 26, http://altagas.mwnewsroom.com/press-releases/altagas-ltd-receives-independent-arbitration-pane-tsx-ala-201211230836659001

AltaGas Ltd. received the ruling of the independent arbitration panel which evaluated the merits of a force majeure claim in relation to outages of the Sundance 3 facility that first occurred in the second quarter 2010.

The independent arbitration panel issued its ruling on November 22, 2012 which granted partial force majeure relief to the operator of the facility. Based on this decision, AltaGas expects to receive a cash payment of approximately $5 million from the operator of the facility and expects to record an after-tax, non-cash charge of approximately $8 million in the fourth quarter of 2012.

In June 2010, the facility operator declared force majeure due to the mechanical failure of critical generator components at its 353 megawatt (MW) Sundance 3 generator. Based on information available at that time, AltaGas and its partner in the ASTC Power Partnership disagreed with the operator's claim and initiated the dispute resolution process prescribed by the Power Purchase Arrangement. This resulted in a binding arbitration process that was conducted earlier in 2012.

Canada: Avcorp awarded $27.4 million in arbitration

Nov 19, http://www.avcorp.com/section.asp?catid=151&subid=196&pageid=342

VANCOUVER: Avcorp Industries Inc. pleased to report that it has received the determination of an appointed arbitration panel constituted to adjudicate outstanding issues relating to cost reimbursements and compensation payable to Avcorp in connection with the transition of Cessna Aircraft Company ("Cessna") production work back to Cessna and other suppliers. The transition of Cessna production work was first announced by the Company on December 17, 2010 and immediately following notification by Cessna, the Company had attempted to negotiate compensation payments as contemplated by the Cessna Strategic Alliance Agreement (the "SAA"). Only when negotiations and mediation were unsuccessful did the Company refer the matter to binding arbitration.

The binding arbitration award, delivered to the Company on November 16, 2012, determined that: the SAA was an exclusive agreement between Cessna and Avcorp; Cessna could not unilaterally transition production work from Avcorp; Avcorp had fulfilled the requirements of the SAA; and, Avcorp suffered damages as a result of Cessna transitioning production work from Avcorp. In addition, all counterclaims that were advanced by Cessna were denied. The quantum of damages was assessed by the arbitration panel at USD 27,391,372, which amount is payable to Avcorp within 30 days of the arbitration award.

Canada: CNOOC Takeover Decision Could Be Delayed, Says Paradis

Dec 05, http://www.theepochtimes.com/n2/canada/cnooc-takeover-decision-could-be-delayed-says-paradis-322310.html

The government's review of a Chinese state-owned oil company's $15 billion takeover of Calgary-based Nexen Inc. could be extended, Industry Minister Christian Paradis said Wednesday.

Canada: Constellation Announces an Arbitration Ruling in Relation to a Previously Disclosed Customer Dispute

Dec 30, http://www.csisoftware.com/2012/12/constellation-announces-an-arbitration-ruling-in-relation-to-a-previously-disclosed-customer-dispute/

Constellation Software Inc. today announced that one of its wholly-owned subsidiaries obtained an arbitration ruling in relation to a previously disclosed customer dispute.

The arbitration ruling concluded that no amounts were owing from the subsidiary to the customer for the various claims made by the customer and that the customer owes the subsidiary approximately $10 million in fees for services provided and for amounts owing due to a breach of contract by the customer.

Constellation will follow the required procedures to confirm the award into a judgment and enforce it, and is currently assessing the impact of this ruling on its financial results.

Further details of the customer claim and dispute can be found in Constellation's September 30, 2012 unaudited financial statements and Management Discussion and Analysis under "Acquisition of certain software assets and liabilities from MAXIMUS Inc.".

Canada: FIPA a Last Resort for the Desperate, Says Trade Lawyer Todd Weiler

Nov 16, http://www.theepochtimes.com/n2/canada/fipa-a-last-resort-for-the-desperate-says-trade-lawyer-315018.html

Todd Weiler, a noted expert on treaty law arbitration, represents investors who use FIPAs and "investor state provisions" in countries like Laos, Egypt, and the Czech Republic. He rejects much of the criticism directed against the agreement, and knows through experience how it will likely play out in practice. By the time someone comes to Weiler for help, they have either lost their investment or are about to, whether it be a business, a stake in a joint venture, or some other enterprise. Filing a FIPA tribunal case is going through a door that only leads out of whichever country the investment was in, he said.

Canada: Government of Canada Releases Policy Statement and Revised Guidelines for Investments by State-Owned Enterprises

Dec 07, http://news.gc.ca/web/article-eng.do?mthd=tp&crtr.page=1&nid=711489&crtr.tp1D=1

Ottawa, December 7, 2012-The Honourable Christian Paradis, Minister of Industry, today announced clarifications to the foreign investment review process to ensure Canada continues to benefit from inward flows of capital that create economic growth, jobs and prosperity in Canada.

"The Government remains focused on the economy and on creating jobs, growth and long-term prosperity for all Canadians," said Minister Paradis. "Trade and investment are a key part of our plan and that's why our Government is opening new markets for Canadian businesses while welcoming foreign investment in the Canadian economy."

To continue to attract the crucial capital and technology our economy requires, the Government is improving its foreign investment review process to focus on the most significant transactions. At the same time, and to ensure Canadian interests are put first, the Government is providing clarity today on how Canada assesses investments by state-owned enterprises (SOEs). The Government is also allowing for the extension of timelines, where necessary, for national security reviews.

...

Canada: Harper government approves CNOOC and Petronas deals - Acquisitions of Nexen and Progress Energy will go through

Dec 07, http://news.gc.ca/web/article-eng.do?mthd=tp&crtr.page=1&nid=711489&crtr.tp1D=1

The Harper government has approved both CNOOC Limited's $15.1-billion acquisition of Nexen Inc. and Petronas' $5.2-billion acquisition of Progress Energy Resources Corp., while announcing new guidelines for foreign investment in Canada.

Canada: Independent arbitration panel validates TransAlta's operating practices and grants claim of force majeure on Sundance unit 3

Nov 22, http://www.transalta.com/newsroom/news-releases/2012-11-23/independent-arbitration-panel-validates-transalta%E2%80%99s-operating-prac

TransAlta Corporation (TransAlta) (TSX: TA; NYSE: TAC) reported today an independent arbitration panel granted TransAlta force majeure relief for derates and outages in 2010 and 2011 related to mechanical failure of critical generator components on Sundance unit 3. This decision validates that the mechanical failure was beyond TransAlta's reasonable control.

"This decision further validates our good operating practices," said Dawn Farrell, TransAlta President and CEO. "The circumstances of the failure were unforeseen; we did what was necessary and prudent to return the unit to service, maintain safe operations, and support the reliability of the Alberta system."

Background information:

TransAlta took unit 3 of the Sundance facility out of service in May 2010 due to the mechanical failure of critical generator components. Subsequently, TransAlta notified the Power Purchase Arrangement (PPA) Buyers and claimed force majeure relief under the PPA. The PPA Buyer rejected this claim, which was then referred to a binding arbitration process under the dispute resolution process set out in the PPA and in accordance with the Alberta Arbitration Act.

Sundance 3 comprises 353 megawatts (MW) of the 2,126 MW Sundance power plant, which has six individual units and serves as a baseload facility for the Alberta electricity system. TransAlta commissioned Unit 3 in 1976. Located about 70 kilometers west of Edmonton, Sundance is the largest power plant in Alberta, and the largest coal plant in Western Canada.

Canada: Isotechnika Receives Partial Award in ICC Arbitration With ILJIN [pdf]

Nov 30, http://www.isotechnika.com/dnn/LinkClick.aspx?fileticket=dATvJ88t-c8%3d&tabid=41&mid=570

EDMONTON, Alberta, November 30, 2012 - Isotechnika Pharma Inc. announced today that, further to its press release of November 14, 2012, a Partial Award in the Company's ICC arbitration regarding its right to terminate the Development, Distribution and License Agreement (the "DDL") with ILJIN Life Sciences Co. Ltd. ("ILJIN") has been issued to the parties. In the result, the Partial Award provides that the DDL has not been terminated and, therefore, the Company's contractual relationship with ILJIN still subsists.

"Although the Partial Award rejected the Company's interpretation of the DDL's termination provision, the result ­ the DDL being declared in force ­ brings the Company much needed certainty in its pursuit of the development of voclosporin," said Dr. Robert Foster, Isotechnika's President and CEO.

Pursuant to the DDL, a Joint Steering Committee ("JSC") with equal membership from Isotechnika and ILJIN was established to oversee the development and commercialization of voclosporin in the ILJIN territories. As confirmed by the Partial Award, ILJIN is obligated to purchase 39.6 million common shares of the Company issued from treasury at a price of approximately US$0.215 per share, for aggregate gross proceeds of US$8.5 million, and pay US$500,000 as a final license fee upon the JSC determining that the Company has satisfactorily advanced the Phase 3 kidney transplant trial for voclosporin in accordance with the development plan. The Company noted that the closing price of its stock on the TSX was C$0.045 on November 29, 2012.

Dr. Foster continued, "We are confident that, among other things, the recent announcement that the Company has received permission from the U.S. Food and Drug Administration to commence the first of two planned phase 3 kidney transplant trials for voclosporin will play a key role in obtaining the required JSC determination and, in turn, provide the Company with the financial resources required to launch patient recruitment. Moreover, the Company continues to search for additional funding partners for territories and voclosporin indications outside of the scope of the DDL."

Canada: Lone Pine Resources [US] Submits NAFTA Notice of Intent in Response to Expropriation of Rights in Quebec

Nov 15, http://phx.corporate-ir.net/phoenix.zhtml?c=242054&p=irol-newsArticle&ID=1759532&highlight=

Marketwire via COMTEX -- Lone Pine Resources Inc. confirms that it has filed a Notice of Intent to Submit a Claim to Arbitration under the North American Free Trade Agreement ("NAFTA") [TDM: Lone Pine Resources Inc v Canada - Notice of Intent to Submit a Claim to Arbitration Under Chapter Eleven of the North American Free Trade Agreement - Nafta - 8 November 2012] in response to the expropriation without compensation of certain of the Company's oil and gas mining rights in the Saint Lawrence Valley in Quebec.

Lone Pine holds numerous exploration permits in the Saint Lawrence Valley issued by the Quebec Ministry of Natural Resources and Wildlife. Adopted by the National Assembly of Quebec on June 13, 2011, Bill 18 suspended all oil and gas exploration activities beneath the Saint Lawrence River upstream of the Anticosti Islands and on the islands situated in that part of the river, and revoked all previously issued mining rights under that stretch of the Saint Lawrence River, including an area covered by a permit previously held by Lone Pine. The expropriated permit covered 33,460 net acres, and Lone Pine continues to hold exploration permits covering 398,850 gross (240,320 net) acres in Quebec.

Lone Pine has played an important role in exploration with a view to eventual development of Quebec's significant shale gas resources, having invested millions of dollars and considerable time and resources in Quebec since 2006. Lone Pine was an active participant in the Bureau d'audiences publiques sur l'environment ("BAPE") hearing process initiated by the Quebec Government in 2010 both before and after the BAPE process was pre-empted by Bill 18.

Lone Pine has and will continue to attempt to engage the Government of Quebec in a constructive dialogue and to find a mutually agreeable solution on these issues. Lone Pine has filed this notice as part of the dispute resolution mechanism available under NAFTA and intends to submit the claim to arbitration at the appropriate time pursuant to the relevant NAFTA provisions, should the matter not be resolved by that date.

Lone Pine Resources Inc. is a Delaware corporation, which through its wholly owned subsidiary, Lone Pine Resources Canada Ltd., is engaged in the exploration and development of natural gas and light oil in Canada. Lone Pine's principal reserves, producing properties and exploration prospects are located in Canada in the provinces of Alberta, British Columbia and Quebec and in the Northwest Territories. Lone Pine's common stock trades on the New York Stock Exchange and the Toronto Stock Exchange under the symbol LPR.

SEC Filing, 10-Q
Quarterly report which provides a continuing view of a company's financial position
11/13/12
http://services.corporate-ir.net/SEC/Document.Service?id....

...

Item 1. Legal Proceedings.

In addition to the information below, you should review the disclosure included in our 2011 Annual Report under Part I, "Item 3. Legal Proceedings." and in our Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2012 under Part II, "Item 1. Legal Proceedings."

On November 8, 2012, Lone Pine filed a Notice of Intent to Submit a Claim to Arbitration (the "Notice of Intent") under the North American Free Trade Agreement ("NAFTA") relating to the expropriation without compensation by the Government of Quebec of certain of the Company's oil and gas mining rights in the Saint Lawrence Valley in Quebec. Lone Pine holds numerous exploration permits in the Saint Lawrence Valley issued by the Quebec Ministry of Natural Resources and Wildlife. On June 13, 2011, the National Assembly of Quebec adopted Bill 18, An act to limit oil and gas activities, which suspended all oil and gas exploration activities beneath the Saint Lawrence River upstream of the Anticosti Islands and on the islands situated in that part of the river, and revoked all previously issued mining rights under that stretch of the Saint Lawrence River, including an exploration permit covering 33,460 acres previously held by Lone Pine.

Although there is no guarantee regarding the outcome and receipt of fair compensation pursuant to the claim, we believe that the expropriation of our exploration permit pursuant to Bill 18 was a violation of NAFTA by the Government of Quebec, for which the Government of Canada is responsible, and that Lone Pine (a Delaware corporation) is entitled to full compensation for the expropriation. The Notice of Intent asserts that the expropriation was arbitrary, capricious and without justification, and we are seeking in excess of $250 million in compensation for the expropriated rights (based on development plans), plus additional costs and further relief as the Arbitral Tribunal may deem just and appropriate. We have asserted in the Notice of Intent that the expropriation breaches Canada's NAFTA obligations on a number of grounds, including among other things: (i) the criteria for expropriation are not met in Bill 18; (ii) Bill 18 expressly prohibits the payment of compensation for the expropriation; and (iii) Bill 18 violates Canada's obligation to afford the investments of NAFTA investors fair and equitable treatment and full protection and security.

Lone Pine has filed the Notice of Intent as part of the dispute resolution mechanism available under NAFTA and intends to submit the claim to arbitration at the appropriate time pursuant to the relevant NAFTA provisions, should the matter not be resolved by that date. Although we believe that the Government of Canada will be required to compensate us for the fair market value of the expropriated permit, we have not recognized any asset for such claim in our unaudited consolidated financial statements.

In addition to the disclosure included in our 2011 Annual Report under Part I, "Item 3. Legal Proceedings." and in our Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2012 under Part II, "Item 1. Legal Proceedings." and as disclosed above, we are a party to various lawsuits, claims and proceedings in the ordinary course of business. These proceedings are subject to uncertainties inherent in any litigation, and the outcome of these matters is inherently difficult to predict with any certainty. We believe that the amount of any potential loss associated with these proceedings would not be material to our consolidated financial position; however, in the event of an unfavorable outcome, the potential loss could have an adverse effect on our results of operations and cash flows.

...

Canada: Opposition parties still calling for House debates on Nexen, FIPA as decisions loom

Nov 26, http://www.hilltimes.com/news/news/2012/11/26/opposition-parties-still-calling-for-house-debates-on-nexen-fipa-as-decisions-loom/32913

The federal government is finalizing two major policy decisions that could see Chinese state-owned enterprises inject billions more into the Canadian economy in the coming years, but the opposition parties are still calling for House debate in the final weeks of the fall session.

Canada: Proposed Acquisition of Nexen Inc. by CNOOC Limited Receives Industry Canada Approval

Dec 10, http://www.nexeninc.com/en/AboutUs/MediaCentre/NewsReleases/News/Release.aspx?year=2012&release_id=135176

Nexen Inc. announced today that under the terms of the Investment Canada Act, the Honourable Christian Paradis, Minister of Industry, has approved the proposed acquisition of Nexen by CNOOC Limited (CNOOC). No further approvals are required in Canada.

"This is an important milestone in the process and confirms our belief that this transaction provides a number of significant benefits to Canada and to Nexen," said Kevin Reinhart, Nexen's interim President and CEO. "We remain focused on working with CNOOC to bring this transaction to a close."

The closing of the acquisition remains subject to the receipt of applicable government and regulatory approvals, and the satisfaction or waiver of the other customary closing conditions.

Canada: Wenzel Announces Decision in Arbitration With Dreco Energy Services ULC and Vector Oil Tools ULC [pdf]

Dec 4, http://www.downhole.com/LinkClick.aspx?fileticket=91K9SVm5LJ4%3d&tabid=72

CALGARY, ALBERTA ­ Wenzel Downhole Tools Ltd. (the "Company") announces that on Monday December 3, 2012, it received the final award (the "Award") in the matter of arbitration with Dreco Energy Services ULC ("Dreco") and Vector Oil Tools ULC ("Vector").

Regarding Dreco's and Vector's claim, the arbitrator awarded Dreco and Vector approximately $14.676 million in damages, plus pre-judgment interest in an amount to be re-calculated by an accountant. Based on past calculations the Company does not expect the amount of such pre- judgment interest to exceed $1.3 million.

The arbitrator dismissed the Company's counterclaim against Dreco and Vector, which claimed damages for abuse of process and interference with business relations.

The arbitrator has yet to decide on the issue of costs, and the Company may be responsible for a portion of Dreco's and Vector's costs.

Under the relevant provisions of the arbitration agreement among Dreco, Vector and the Company, the parties have until January 2, 2013, to appeal the Award. The Company is consulting with its legal advisors regarding an appeal.

While the Company is disappointed by the contents of the Award, the Company believes the issuance of the Award is yet another important step towards resolving the legal issues relating to events of over a decade ago.

Notwithstanding legal actions and claims, and related challenges, over the past ten years, the Company has consistently served its customers by providing what it believes to be downhole drilling tools of the highest quality combined with industry-leading service.

This remains the focus of the Company's management team and employees, and as a result both customers and shareholders can continue to expect that same dedication to quality and service.

Finally, with respect to liquidity and capital resources, the Company believes it is worth noting that in the Press Release, Condensed Consolidated Financial Statements and Management's Discussion & Analysis as filed on November 9, 2012, it was reported that its balances of short- term and long-term financial debt as of September 30, 2012, in the aggregate amounted to $2.774 million.

In short, the Company does not anticipate any issues concerning its liquidity and capital resources.

Canadian miner's innovative undersea project halted in Papua New Guinea

Dec 12, http://www.theglobeandmail.com/report-on-business/international-business/asian-pacific-business/canadian-miners-innovative-undersea-project-halted-in-papua-new-guinea/article6207564/

A dispute between Papua New Guinea and Canada's Nautilus Minerals Inc. threatens to sink plans to mine gold and other metals for the first time from the ocean floor.

Cessna challenges arbitration award to Avcorp

Dec 11, http://www.kansas.com/2012/12/10/2598829/cessna-challenges-arbitration.html

Calling it "deeply flawed," Cessna Aircraft is fighting an arbitration panel's $27.4 million award to Canadian supplier Avcorp Industries regarding a long-term supplier agreement between the companies.

Chairman of Belarus' Supreme Economic Court meets with ICSID Secretary-General

Nov 21, http://news.belta.by/en/news/society?id=699613

BelTA - Chairman of the Supreme Economic Court of Belarus Mr Viktor Kamenkov has met with Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID) Ms Meg Kinnear, BelTA learnt from the Supreme Economic Court of Belarus.

Viktor Kamenkov briefly informed Meg Kinnear about the jurisdiction of economic courts of Belarus. "The ICSID Secretary-General showed a huge interest in alternative ways to resolve disputes, including mediation, practiced by Belarusian economic courts. The ICSID is now also working to expand the use of mediation to settle investment disputes," the Supreme Economic Court informed.

China submits oceanic claims to United Nations

Dec 14, http://news.yahoo.com/china-submits-oceanic-claims-united-nations-124151699.html

The Foreign Ministry said it submitted documents claiming waters extending beyond its 200-nautical-mile (370-kilometer) exclusive economic zone. It said geological features dictated that China's claim extended to the edge of the continental shelf off the Chinese coast, about 200 kilometers (124 miles) from Japan's Okinawa island.

China to amend law to curb land expropriation

Dec 15, http://english.peopledaily.com.cn/90785/8059823.html

Xinhua - China's top legislature will deliberate on draft amendments to laws on land management and trademarks during its bimonthly session, it was decided on Friday.

China-US: LDK Solar Announces Arbitration Ruling - JYT Corporation of Beijing (JYT)

Dec 27, http://www.bizjournals.com/houston/prnewswire/press_releases/Texas/2012/12/27/SF34671

PRNewswire-- LDK Solar Co., Ltd, a leading vertically integrated manufacturer of photovoltaic products, today announced that the China International Economic and Trade Arbitration Commission (CIETAC) stated that the wafer equipment supply contract entered into in July 2008 between LDK Solar and JYT Corporation of Beijing (JYT) is valid and effective through the duration and at terms and conditions related to quantities and prices set forth therein. Under this contract, LDK Solar agreed to purchase furnaces used in the manufacturing of multicrystalline and monocrystalline ingots for installation in its manufacturing facilities in Xinyu City, China.

On December 25, 2012 CIETAC stated that by virtue of the arbitration proceedings LDK shall pay to JYT an amount of approximately RMB 294 million as well as approximately an additional amount of RMB 3.4 million to cover arbitral fees accrued as a result of this proceeding.

China: LDK Solar Announces Arbitration Award

Dec 13, http://news.morningstar.com/all/pr-news-wire/20121213SF29125/ldk-solar-announces-arbitration-award.aspx

LDK Solar announced that the China International Economic and Trade Arbitration Commission (CIETAC) stated that the wafer supply contracts entered into in October 2007 and June 2008 between LDK Solar and Canadian Solar (CSI) and its China-based subsidiary affiliate are valid and effective through the duration and at terms and conditions related to quantities and prices set forth therein.

China: Top arbitrators reject China work as low rates prompt quality concerns

Nov 20, http://www.legalweek.com/legal-week/news/2225834/top-arbitrators-reject-china-work-as-low-rates-prompt-quality-concerns

Low rates of pay to arbitrators in China are forcing top lawyers to reject work or spend a limited amount of time on cases, according to practitioners in the market. International and Chinese arbitrators working in the country typically receive substantially less pay than in other jurisdictions, raising concerns over the quality of awards handed down as top arbitrators shy away from appointments.

China: Trafigura launches legal action against China Coal - sources [LIAC arbitration]

Dec 20, http://www.reuters.com/article/2012/12/20/china-trafigura-chinacoal-idUSL4N09U1DT20121220

Reuters - Commodity trader Trafigura has launched arbitration proceedings against a unit of China Coal Group for reneging on a thermal coal contract, an official from the Chinese state-owned firm said on Thursday.

Chinese Court Expected To Hold Additional Hearing On AMSC-Sinovel Case [pdf]

Dec 17, http://files.shareholder.com/downloads/AMSC/2231911079x0x622101/29090ccc-2480-41e8-a9a4-dd848b6d6b11/AMSC_News_2012_12_17_Commercial.pdf

DEVENS, Mass., Dec. 17, 2012 (GLOBE NEWSWIRE) -- AMSC (Nasdaq:AMSC), a global solutions provider serving wind and grid leaders, today announced that it expects China's Supreme People's Court to hold an additional hearing regarding AMSC's copyright infringement case against Sinovel Wind Group Co., Ltd (Sinovel). The date for this hearing has yet to be determined.

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

In November 2011, Sinovel filed a motion to remove this case from the Beijing No. 1 Intermediate People's Court and transfer the matter to the Beijing Arbitration Commission. The court denied Sinovel's motion to remove the case. Sinovel filed an appeal of that decision to the Beijing Higher People's Court, and the Beijing Higher People's Court supported the Beijing No. 1 Intermediate People's Court's ruling and rejected Sinovel's appeal. Sinovel then filed an appeal of that decision with China's Supreme People's Court. A hearing regarding this appeal was held at the Chinese Supreme People's Court on October 26, 2012. The Supreme People's Court has now ruled that it will hold a hearing to review the jurisdictional matter and that the lower court proceedings shall be stayed pending the Supreme Court outcome.

This is one of four legal cases that AMSC brought against Sinovel in late 2011 regarding Sinovel's contractual breaches and AMSC's discovery of intellectual property theft by Sinovel.

Colombia and Nicaragua Territorial Dispute Gets Complicated, Nasty

Dec 06, http://latino.foxnews.com/latino/news/2012/11/30/colombia-and-nicaragua-territorial-gets-complicated-and-nasty/

There are fears that the political standoff between Colombia and Nicaragua could grow even more tense as the two nations bicker over who is the rightful owner of a large swath of water in the western Caribbean.

Colombia leaves pact recognizing U.N. court rulings (1948, Bogota Pact)

Nov 28, http://www.chicagotribune.com/news/sns-rt-us-colombia-icjbre8ar0ua-20121128,0,6305257.story

Reuters - Colombia withdrew from a treaty recognizing the jurisdiction of the International Court of Justice after the entity ruled that Nicaragua had sovereignty over resources-rich waters that Colombia considers its own, President Juan Manuel Santos said on Wednesday.

Colombia, Nicaragua want to avoid war over water rights dispute

Dec 06, http://www.chicagotribune.com/news/sns-rt-us-colombia-icjbre8b00e6-20121201,0,6753553.story

Reuters - The presidents of Colombia and Nicaragua on Saturday both said they hoped to avoid war and use dialogue instead to solve a dispute over a recent U.N. court ruling that shifted some of Colombia's resource-rich water to the Central America country.

COMESA Investment Report 2012 Looks at the Nexus of FDI and Regional Economic Integration [pdf]

Nov 29, http://comstat.comesa.int/ResourceCenter/ResourceHandler.ashx?id=227

The report highlights developments in regional economic integration efforts in COMESA and looks at recent investment policy developments at the international level, noting a number of opportunities to promote sustainable development policies that will also ensure policy coherence at international, regional and bilateral levels.

Corporate Europe Observatory and Trade & Investment Report: Profiting from injustice - How law firms, arbitrators and financiers are fuelling an investment arbitration boom

Nov 28, http://www.tni.org/briefing/profiting-injustice

A small club of international law firms, arbitrators and financial speculators are fuelling an investment arbitration boom that is costing taxpayers billions of dollars and preventing legislation in the public interest.

Report 1.1 mb:

http://www.tni.org/sites/www.tni.org/files/download/profitingfrominjustice_0.pdf

Cyprus offers mediation between Lebanon, Israel to solve undersea oil, gas dispute

Dec 06, http://www.washingtonpost.com/business/cyprus-offers-mediation-between-lebanon-israel-to-solve-undersea-oil-gas-dispute/2012/12/03/df1605d4-3d5a-11e2-8a5c-473797be602c_story.html

Lebanon says that a bilateral agreement signed in 2010 between Cyprus and Israel and ratified a year later conflicts with the United Nations Convention on the Law of the Sea. Lebanon demands that it be amended in accordance with international laws that govern the demarcation of maritime borders among states.

Czech Republic: CEZ Mulls Arbitration Against Albania, Prepares Its Exit

Nov 19, http://www.businessweek.com/news/2012-11-19/cez-mulls-arbitration-against-albania-prepares-its-exit

CEZ AS (CEZ), the Czech Republic's largest power producer, is weighing an arbitration suit against the Albanian government after its attempt to unhook power from non- paying utilities ended with police arrests of six employees.

CEZ's Albanian employees were arrested over the weekend while trying to unhook water utilities from the grid, and two of them still remain in police custody, spokeswoman Barbora Pulpanova said in a telephone interview today. The Albanian energy-market regulator started a process of withdrawing the license from CEZ last week, she said.

See also "CEZ Shperndarje Began to Disconnect Indebted Waterworks in Albania..." Nov 16, http://www.cez.cz/en/cez-group/media/press-releases/4035.html

CEZ has repeatedly invited the waterworks to settle their debt and repeatedly postponed the settlement deadlines. CEZ has tried to show a willing approach toward the other party also by proposing a repayment schedule or offering an option to settle just a portion of the debt. The Albanians have even rejected a proposal for mutual offset of the waterworks' debt with the debt of CEZ Shperndarje toward KESH, the Albanian state-owned power producer.

CEZ Shperndarje now has no other option but to disconnect the waterworks from power supply. As a private company that has obligations also toward its numerous other customers, such as households and small and medium enterprises, cannot afford to continue and tolerate this kind of conduct since the financial loss incurred is substantial.

The company has informed the relevant state authorities and the public well in advance so that they can prepare for this unpleasant situation. An information campaign has been prepared to inform the public, inviting people seriously to stockpile enough drinking water.

CEZ Shperndarje has resorted to disconnecting power supply to all Albanian state-owned waterworks that have failed to settle their debts in the long run. The total sum of receivables from such companies has reached EUR 38 million. CEZ decided to disconnect the water companies after a series of unsuccessful negotiations with the Albanian counter-party concerning the high debt settlement.

Draft EU rules to open door to plain cigarette packets

Dec 17, http://www.reuters.com/article/2012/12/17/us-eu-tobacco-idUSBRE8BG0I220121217

Reuters - The European Union's executive Commission is to propose larger health warnings on cigarette packets and a total ban on flavorings such as menthol, a draft revision of EU tobacco rules seen by Reuters showed on Monday.

Ecuador's President Says Chevron Needs to Abide by Court Ruling

Dec 04, http://www.foxbusiness.com/news/2012/12/04/ecuador-president-says-chevron-needs-to-abide-by-court-ruling/

Ecuadorean President Rafael Correa said Tuesday that Chevron Corp. (CVX) needs to abide by a court order requiring it to pay $19 billion to indigenous groups after it lost a suit involving environmental-damage claims in Ecuador.

Ecuador: International Tribunal Rules that Ecuador's taking of ConocoPhillips' investment in August 2009 constituted unlawful expropriation in violation of Ecuador's international law obligations - ConocoPhillips

Dec 24, http://www.conocophillips.com/EN/newsroom/news_releases/2012NewsReleases/Pages/12-21-2012.aspx

Press release - HOUSTON, Dec. 21, 2012 -- ConocoPhillips' wholly owned subsidiary, Burlington Resources Inc., has received a favorable decision in the international arbitration filed against Ecuador. The Tribunal, constituted under the International Centre for the Settlement of Investment Disputes (ICSID), ruled that Ecuador unlawfully expropriated the company 's significant oil investments in Blocks 7 and 21, in violation of the U.S.-Ecuador bilateral investment treaty.

The Tribunal also found that Burlington's investment, expropriated by Ecuador, included the contractual right to be indemnified for the effects of the Windfall Profits Tax (Law 42).

"This decision sends a message that contracts must be honored and governments cannot expropriate investments without compensation," said Janet Kelly, senior vice president, Legal and General Counsel. "The ruling confirms that Ecuador's actions were not in accordance with international law."

While this ruling is an essential step in the process, the Tribunal has not yet issued a decision on damages. An additional arbitration phase will take place to determine the amount of compensation owed to Burlington for Ecuador's actions.

Ecuador: Se realiza primera audiencia de fondo en caso conocido como "Chevron 3"

Nov 29, http://www.pge.gob.ec/es/rotativo/1932-se-realiza-primera-audiencia-de-fondo-en-caso-conocido-como-chevron-3.html

Entre el 26 y el 29 de noviembre se lleva a cabo la audiencia correspondiente a la primera fase del fondo dentro del arbitraje iniciado en 2009 por las compañías estadounidenses Chevron-Texaco en contra del Estado ecuatoriano, con el objetivo de que se las mantenga indemnes de cualquier sentencia desfavorable que se dicte en el juicio que iniciaran las comunidades de Lago Agrio contra la petrolera en el año 2003, por los daños ambientales que habría ocasionado su actividad extractiva entre 1973 y 1998.

Ecuador: Tribunal reconoce que Ley 42 no es expropiatoria, pero declara a Ecuador responsable por asumir control de los bloques 7 y 21

Dec 21, http://www.pge.gob.ec/es/rotativo/1935-tribunal-reconoce-que-ley-42-no-es-expropiatoria-pero-declara-a-ecuador-responsable-por-asumir-control-de-los-bloques-7-y-21.html

EN CONTROVERSIA INTERNACIONAL CON PETROLERA BURLINGTON

TRIBUNAL ARBITRAL RECONOCE QUE LA LEY 42 NO ES EXPROPIATORIA, PERO DECLARA A ECUADOR RESPONSABLE POR ASUMIR CONTROL DE LOS BLOQUES 7 Y 21

El pasado 14 de diciembre, el Tribunal Arbitral (bajo reglas CIADI) que conoció el caso iniciado en abril de 2008 por la petrolera estadounidense Burlington Resources Inc., en contra del Estado ecuatoriano, a partir de la vigencia de la Ley 42-2006, notificó su laudo sobre Responsabilidad por una supuesta violación al Tratado Bilateral de Protección de Inversiones (TBI), suscrito entre Ecuador y los Estados Unidos.

El Tribunal Arbitral concluyó que la Ley 42 es, a efectos del TBI, una medida tributaria que, aunque modificó la economía del contrato, no tuvo efectos expropiatorios para la compañía, pues no la privó de su inversión en Ecuador. Reconoció en su laudo, además, la potestad soberana de los Estados para imponer impuestos no solo a sus nacionales sino también a los extranjeros que efectúen inversiones en el país anfitrión. Para el Tribunal, la imposición de impuestos es el resultado del ejercicio del poder regulatorio de un Estado y no una expropiación.

Sin embargo, el Tribunal concluyó también que el Estado ecuatoriano incurrió en una expropiación violatoria del TBI, al asumir la operación de los Bloques 7 y 21 (operados por Perenco y Burlington) antes de cumplirse los 30 días de suspensión de operaciones sin causa justificada que, según el artículo 74 de la Ley de Hidrocarburos, habrían configurado un “abandono” de las operaciones, y por lo tanto dar cabida a una eventual caducidad.

Para la Procuraduría General del Estado, el 16 de julio de 2009 Burlington abandonó los Bloques en un intento por simular una expropiación, aun cuando esa acción unilateral causara daños irreparables en los pozos en producción, y obligó al Estado –en el marco de sus potestades reguladoras– a intervenir temporalmente los Bloques, medida adoptada en forma apropiada y proporcionada, sin uso de la fuerza, que no puede ser considerada una “confiscación ilegal” ni expropiación a las inversiones de la transnacional.

Para la defensa del Estado, la interpretación que hace el Tribunal respecto de la aplicación del artículo 74 de la Ley de Hidrocarburos, confunde la medida temporal y emergente de intervenir en los Bloques 7 y 21, con motivo de su anunciado abandono, con la aplicación de la causal para la declaratoria de caducidad del contrato por suspensión de las operaciones, que fue solicitada recién en septiembre de 2009 (más de 30 días después del abandono de las operaciones por parte del Consorcio Contratista) por Petroecuador al Ministro de Recursos Naturales No Renovables, pues hasta entonces, y de manera permanente y sucesiva, el Ecuador invitó a las compañías a retomar su operación en el país reconociendo su titularidad como contratistas del Estado.

Con esta controvertida decisión, al Tribunal le resta definir el calendario para determinar el monto que, por concepto de indemnización, le correspondería recibir a la petrolera estadounidense, una vez descontados todos los valores que adeuda al Estado por impuestos, por la aplicación de la misma Ley 42 y por aquellos valores derivados de las contrademandas presentadas por el Estado en 2011 a la transnacional por daños ambientales y falta de mantenimiento de los Bloques a su cargo.

En palabras del Procurador García, el Estado ecuatoriano comparecerá a la etapa de Daños –que se desarrollará durante el próximo año– con la correspondiente reserva de derechos, pues esta decisión el Tribunal podría constituirse en causal para una eventual revisión o anulación del laudo.

EUROPA - EU-Japan Free Trade Agreement: Commissioner De Gucht welcomes Member States' green light to start negotiations

Nov 29, http://europa.eu/rapid/press-release_MEMO-12-930_en.htm

Press Release - Remarks by EU Trade Commissioner Karel De Gucht following the Foreign Affairs Council (Trade)

I am delighted that the Council has today decided to give the Commission 'the green light' to start trade negotiations with Japan. We now have a clear mandate - confirmed by all the Member States - which sets out Europe's objectives.

...

Europe cools on Russia's WTO accession

Dec 06, http://www.ft.com/intl/cms/s/0/ff524424-3eff-11e2-9214-00144feabdc0.html

Europe's top trade official accused Russia of reneging on its commitments to the World Trade Organisation just three months after it joined the group, and warned "the clock is ticking" before EU legal action.

Europe courts Chinese firms in dispute

Dec 07, http://europe.chinadaily.com.cn/epaper/2012-12/07/content_15994150.htm

"Traditionally, Stockholm was the place of choice for Chinese parties, and actually for most parties from planned economies," says Brenda Horrigan, a partner at Herbert Smith and a dispute resolution expert based in Shanghai. "It was viewed as neutral by both parties and had a body of arbitrators that was used to dealing with companies from those jurisdictions. "But that is changing. Stockholm is still a seat for arbitration but Chinese companies with negotiating power are increasingly trying to get the arbitration either in China or closer to China; say, Hong Kong or Singapore." In response, Stockholm and the other European arbitration centers are launching a marketing offensive across China, looking to persuade the growing number of Chinese companies involved in international trade that Europe is the place to resolve a dispute.

Factbox: Russia's energy disputes with Ukraine and Belarus

Dec 21, http://www.reuters.com/article/2012/12/21/us-russia-gas-disputes-idUSBRE8BK11T20121221

Reuters - Russia has had repeated disputes over gas and oil supplies with Ukraine and Belarus, ex-Soviet countries through which pipelines carry much of its energy exports, leading to disruptions of flows to European Union countries.

Finland-Canada: Nokia, RIM settle disputes in patent pact

Dec 22, http://au.news.yahoo.com/world/a/-/world/15696682/nokia-rim-settle-disputes-in-patent-pact/

Nokia Corp and Canadian smartphone rival Research In Motion have agreed on a new patent licensing pact which will end all existing litigation between the two struggling companies, the Finnish firm says.

Finland: Nokia seeks to block sale of some RIM products

Nov 28, http://www.computerworld.com/s/article/9234069/Exclusive_Nokia_seeks_to_block_sale_of_some_RIM_products

The arbitration took place over nine days in September at the Stockholm Chamber of Commerce in Sweden, which acts as a neutral arbiter in commercial disputes. Before arbitration can begin, both sides agree to be bound by the findings.

Germany: Vattenfall seeks recompense for German nuclear phaseout

Dec 24, http://www.dw.de/vattenfall-seeks-recompense-for-german-nuclear-phaseout/a-16473507?maca=en-rss-en-bus-2091-rdf

Swedish energy group Vattenfall is reportedly reclaiming losses resulting from the German government's decision last year to shut down older nuclear reactors. The claim is reportedly backed by the Swedish government. The Swedish business daily Dagens Industri reported Friday that Vattenfall was seeking damages to the tune of about 3.5 billion euros ($4.6 billion).

HealthSouth Announces Decision of Ernst & Young Arbitration; Panel Rules Against HealthSouth on Legal Defense

Dec 18, http://www.bizjournals.com/houston/prnewswire/press_releases/Texas/2012/12/18/CL32023

BIRMINGHAM, Ala., Dec. 18, 2012 /PRNewswire/ -- HealthSouth Corporation (NYSE: HLS) today announced that the American Arbitration Association panel that since July 2010 has been adjudicating the Company's claims against its former auditor, Ernst & Young LLP, granted Ernst & Young's motion to dismiss the claims based on legal grounds that do not address the underlying merits of HealthSouth's claims.

India-Maldives: GMR to go for arbitration [Singapore]

Nov 30, http://newindianexpress.com/business/news/article1359234.ece

GMR, which termed the Government of Maldives (GoM) cabinet's recommendation of scrapping the project 'irrational,' said it would appeal in the Singapore Arbitration Tribunal, while continuing to operate the airport.

India-Maldives: GMR's Maldives blow illustrates new challenges to foreign policy as companies expand abroad

Nov 30, http://www.livemint.com/Politics/j2Vfi33rmusFb0XhcLoNTL/Indian-firms-global-footprint-adds-new-dimension-to-diploma.html

The growing focus of Indian companies, including government ones, on emerging markets across Asia and Africa, and the attendant political risks of doing business in a dynamic policy regime-a problem that several Western multinationals have encountered in India-has highlighted a new challenge for New Delhi: protecting the overseas investments of Indian firms. Earlier this week, Bangalore-based GMR Group's contract to develop an airport in Male was scrapped by the Maldives government.

India-Maldives: Government takes over airport, evicts GMR

Dec 10, http://minivannews.com/politics/government-takes-over-airport-evicts-gmr-48477

Indian infrastructure giant GMR has handed Ibrahim Nasir International Airport (INIA) over to the state-owned Maldives Airports Company Limited (MACL), after the Maldivian government voided the concession agreement and gave it seven days to leave the country.

India: ABG-Kolkata Port tussle headed for arbitration

Dec 07, http://www.rediff.com/business/report/abg-kolkata-port-tussle-headed-for-arbitration/20121207.htm

KoPT is in the process of assessing the cost of damage caused due to the exit of ABG Haldia Bulk Terminal, a senior official told Business Standard.

India: Corporate India terms Gujarat, HP results as victory of progress and development

Dec 21, http://www.financialexpress.com/news/corporate-india-terms-gujarat-hp-results-as-victory-of-progress-and-development/1048322

"It is a vote for performance, development, growth and transparency. The results show that people want progress, be it in infrastructure or quality of life," Deepak Parekh, chairman of HDFC, told The Indian Express.

India: Govt has disallowed RIL's $1 bn expense on KG-D6: Moily

Nov 27, http://www.thehindubusinessline.com/industry-and-economy/govt-has-disallowed-rils-1-bn-expense-on-kgd6-moily/article4140340.ece

The government has disallowed $1 billion expense of Reliance Industries Ltd (RIL) on the flagging KG-D6 gas fields for not implementing the approved field development plan, Oil Minister M Veerappa Moily said today.

India: Haldia Petrochemicals case may head for arbitration

Dec 12, http://business-standard.com/india/news/haldia-petrochemicals-case-may-head-for-arbitration/495317/

A decision on whether the battle for shareholding in Haldia Petrochemicals (HPL) would be dragged to the International Court of Arbitration (ICA) is to be be taken this month, following a Supreme Court order directing the high court to dispose the case in December.

India: Haldia Petrochemicals' promoter cannot seek international arbitration in transfer of shares case: High Court

Dec 21, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/haldia-petrochemicals-promoter-cannot-seek-international-arbitration-in-transfer-of-shares-case-high-court/articleshow/17700282.cms

KOLKATA: The Calcutta High Court has held that state-owned Haldia Petrochemicals' promoter Purnendu Chatterjee cannot seek international arbitration for resolution of a case involving transfer of shares in his favour.

The high court said the option of international arbitration had been superseded by subsequent agreements, which conferred jurisdiction to Kolkata courts.

India: Ladhar was told not to charge arbitration fee: Punjab to court

Dec 11, http://timesofindia.indiatimes.com/city/chandigarh/Ladhar-was-told-not-to-charge-arbitration-fee-Punjab-to-court/articleshow/17565902.cms

CHANDIGARH: Taking up a petition seeking criminal/departmental action against senior Punjab IAS Sucha Ram Ladhar for retaining the amount charged for arbitration, Punjab government on Monday said it had asked Ladhar not to not to charge any arbitration fee, in lieu of work till the final decision in the matter was taken by state government.

India: Quashed mobile permits: Sistema sets deadline for government

Dec 10, http://economictimes.indiatimes.com/news/news-by-industry/telecom/quashed-mobile-permits-sistema-sets-deadline-for-government/articleshow/17550855.cms

In a strongly worded communication to the external affairs and telecom ministries, the Russian group warned it would seek billions of dollars in damages by initiating international arbitration proceedings if India failed to reinstate mobile permits for its local unit before the Indo-Russian summit that takes place later this month.

India: Reliance Industries has sought arbitration in its dispute with the Indian government over oil and gas fields in the deepwater KG-D6 block offshore eastern India after the government imposed a fine of $1.005 billion

Dec 06, http://www.ogj.com/articles/2012/11/ril-seeks-arbitration-over-big-kg-d6-fine.html

Reliance Industries Ltd., Mumbai, has sought arbitration in its dispute with the Indian government over oil and gas fields in the deepwater KG-D6 block offshore eastern India after the government imposed a fine of $1.005 billion.

India: Russian Billionaire Fights to Recoup Investment: Corporate India

Nov 21, http://www.bloomberg.com/news/2012-11-21/russian-billionaire-fights-to-recoup-investment-corporate-india.html

The company has cited government protection through Russia's bilateral investment treaty with India to recover lost airwaves, instead of investing in new spectrum or buying one of its competitors. Subscriber services are scheduled to end on Jan. 18 because of the court order, and the company expects its petition to be resolved by then, Savchenko said.

India: We will address Kremlin's concern, says Khurshid

Dec 24, http://www.thehindu.com/news/national/we-will-address-kremlins-concern-says-khurshid/article4226857.ece

India tried to assuage Kremlin's sense of hurt over the sinking of its investments in a telecom venture by assuring that it would have an "adequate reply" ready when Prime Minister Manmohan Singh meets Russian President Vladimir Putin here on Monday.

Indonesia-US: SEC Charges Germany-Based Allianz SE with FCPA Violations

Dec 17, http://www.sec.gov/news/press/2012/2012-266.htm

SEC Order:

http://www.sec.gov/litigation/admin/2012/34-68448.pdf

Washington, D.C., Dec. 17, 2012 - The Securities and Exchange Commission today charged Germany-based insurance and asset management company Allianz SE with violating the books and records and internal controls provisions of the Foreign Corrupt Practices Act (FCPA) for improper payments to government officials in Indonesia during a seven-year period.

Indonesia: Compensation Dispute on Sidoardjo Mudflow Disaster

Dec 17, http://www.thejakartaglobe.com/news/compensation-dispute-on-sidoardjo-mudflow-disaster/561789

The Constitutional Court has rejected a request to transfer the full burden of compensation covering all affected areas by the Lapindo mudflow to the oil and gas company owned by Golkar Party chairman Aburizal Bakrie. Several people including former Airlangga University lecturer Tjuk Kasturi Sukiadi and author Ali Azhar Akbar had filed a judicial review questioning why money from the state budget was used to compensate a mistake made by Lapindo Brantas.

Indonesia: New PSCs cannot be signed without new decree, says official

Nov 29, http://www.thejakartapost.com/news/2012/11/29/new-pscs-cannot-be-signed-without-new-decree-says-official.html

Oil and gas investors expecting to ink new contracts this year must hold their horses as the Energy and Mineral Resources Ministry awaits a new presidential regulation specifying who will sign the upcoming agreements on behalf of the government.

International arbitration: 'Marriage guidance for business' - Prof Loukas Mistelis

Dec 10, http://www.bbc.co.uk/news/business-20637966

Between 4,000 and 5,000 disputes went for arbitration in 1992, whereas in 2011 that figure was 12,000 according to research by Prof Loukas Mistelis, director of the School of International Arbitration at Queen Mary University in London. "Arbitration is penetrating more regions in the world - Brazil and Latin America for example, but also China and India," he says.

Iran accuses Saudi Arabia in tit-for-tat dispute

Nov 20, http://www.arabianbusiness.com/iran-accuses-saudi-arabia-in-tit-for-tat-dispute-480252.html

"The violation that has taken place was on the part of Saudi companies and if this issue is to be followed up, they must be questioned," he said. "The discussion about water border limits between Iran and Saudi Arabia is subject to international laws and documents between the two countries."

Is Litigation Actually Cheaper Than Arbitration? - InsideCounsel

Dec 10, http://blogs.findlaw.com/in_house/2012/12/is-litigation-actually-cheaper-than-arbitration.html

Traditional wisdom says that avoiding trial will help keep costs down, but could it be that litigation is actually cheaper than arbitration?

At least one study indicates that it might be. [ Which costs less: Arbitration or litigation? A case study shows that when it comes to expenditures and resolution time, litigation is cheaper and faster, InsideCounsel, Dec 6, http://www.insidecounsel.com/2012/12/06/which-costs-less-arbitration-or-litigation ]

The study looked at a small sample of cases from a single company that was assessing whether its arbitration program lowered costs compared to litigation. It looked at a similar number of litigation and arbitration cases, and the results were a little surprising on the surface.

Isle of Man funder to boost investment in litigation

Nov 27, http://www.lawgazette.co.uk/news/isle-man-fund-boost-investment-litigation

A litigation funder backed by a private equity investor says it may increase its £100m investment next year due to high demand.

Jordan: New Water, Energy and Infrastructure Arbitration Centre to handle infrastructure disputes

Dec 24, http://jordantimes.com/arbitration-centre-to-handle-infrastructure-disputes

An arbitration centre will open in Jordan next month with the aim of quickly settling disputes related to water, energy and other infrastructure projects and tenders. Under an agreement signed on Sunday between the Arab Countries Water Utilities Association (ACWUA) and the National Law Centre, the Water, Energy and Infrastructure Arbitration Centre will start operations in January. ACWUA Secretary General Khaldoun Khashman said the centre was the first arbitration centre specialised in water, energy and infrastructure issues in the region.

Lebanon: Consortium has no right to seek arbitration: Bassil

Dec 24, http://www.dailystar.com.lb/Business/Lebanon/2012/Dec-21/199343-consortium-has-no-right-to-seek-arbitration-bassil.ashx

BEIRUT: A Spanish-Lebanese consortium that won a $600 million power plant tender is not legally entitled to sue the Lebanese state, or seek international arbitration, said the energy minister Thursday, adding that a new tender should be awarded in two months.

Lithuanian Court Doesn't Recognize Arbitration Ruling on Gazprom

Dec 17, http://www.businessweek.com/news/2012-12-17/lithuanian-court-doesn-t-recognize-arbitration-ruling-on-gazprom

A Lithuanian court refused to recognize a July decision by the Stockholm arbitration court that terms of a shareholders' agreement precluded the Lithuanian government from suing Gazprom OAO (GAZP) in national courts.

Teismas atsisake pripažinti ir leisti vykdyti su "Gazprom" susijusi arbitražo sprendima

Lietuvos apeliacinis teismas atsisake pripažinti ir leisti vykdyti 2012 m. liepos men. Švedijos karalystes Stokholmo Prekybos Rumu Arbitražo instituto (toliau - Arbitražo institutas) sprendima.

http://www.apeliacinis.lt/lt/naujienos/teismas-atsisake-pripazinti-r521.html

Malaysia Said to Lobby Canada on Petronas' Progress Bid

Nov 29, http://www.businessweek.com/news/2012-11-28/malaysian-minister-said-to-lobby-canada-on-progress-energy-bid

A Malaysian minister flew to Canada for talks after Stephen Harper's government blocked Petroliam Nasional Bhd.'s $5.2 billion bid for Progress Energy Resources Corp. (PRQ), a person familiar with the matter said.

Malaysia: Astro gets summons from Indonesia's PT Direct Vision

Nov 19, http://biz.thestar.com.my/news/story.asp?file=/2012/11/17/business/12333219&sec=business

PETALING JAYA: Astro Malaysia Holdings Bhd has received a summons from Indonesia's PT Direct Vision for an unlawful act or tort, for which it will seek legal advice. It said in a public filing that its wholly-owned unit MEASAT Broadcast Network Systems Sdn Bhd on Wednesday received a letter from the Indonesian Embassy here for the civil suit naming it as a second defendant.

Malta Business delegation in Tunisia

Dec 13, http://www.independent.com.mt/articles/2012-12-13/news/business-delegation-in-tunisia-530874368/

At the opening ceremony, Dr Sue Vella, CEO of Malta Enterprise, signed a Memorandum of Understanding on mutual cooperation between Malta Enterprise and the Tunisian Foreign Investment Promotion Agency, FIPA. She was accompanied by Ambassador Vicki Ann Cremona.

Mexico: Pemex Sues Siemens Claiming Bribery in Refinery Project

Dec 14, http://www.businessweek.com/news/2012-12-13/pemex-sues-siemens-claiming-bribery-in-refinery-project

Petroleos Mexicanos, Mexico's state- owned oil company, filed a $1.5 billion lawsuit against Siemens AG (SIE) and South Korea-based SK Engineering & Construction Co., claiming the companies bribed Pemex officials to win and keep refinery construction projects.

MIGA Report Finds that Sovereign Default and Expropriation Risks Worry Investors

Dec 06, http://www.worldbank.org/en/news/2012/12/06/miga-report-finds-sovereign-default-expropriation-risks-worry-investors

LONDON, UK; WASHINGTON, DC, December 6, 2012 - Foreign investors, attracted by stronger economic growth in developing countries while mindful of risks, remain relatively optimistic about these destinations in the short term according to the results of a survey released in a report by the World Bank's Multilateral Investment Guarantee Agency (MIGA). World Investment and Political Risk notes that half of the survey's respondents plan to increase investment in developing countries in the next 12 months.

Report (3 mb)

http://www.miga.org/documents/WIPR12.pdf

See also "Sri Lanka among contributors to rising expropriation risk" http://www.lankabusinessonline.com/fullstory.php?nid=647784290

MIGA: MIGA Welcomes São Tomé and Principe as New Member Country

Dec 27, http://www.miga.org/news/index.cfm?aid=3418

WASHINGTON, DC, December 27, 2012—The Multilateral Investment Guarantee Agency (MIGA), the political risk insurance arm of the World Bank Group, announced today that São Tomé and Principe has become MIGA’s 178th member country.

São Tomé and Principe’s membership in MIGA means that direct foreign investment into the country is eligible for the agency’s political risk insurance. This insurance protects investments against the risks of transfer restriction, expropriation, breach of contract, non-honoring of sovereign financial obligations, and war and civil disturbance. Investors from the São Tomé and Principe going into other developing countries may also receive coverage for their investments from MIGA.

"We extend a warm welcome to São Tomé and Principe," said Izumi Kobayashi, MIGA’s Executive Vice President.

"Our focus is on markets where we can make the greatest difference, including countries eligible for concessionary lending from the International Development Association." She continued, "We hope that MIGA’s support will promote productive and sustainable foreign direct investment into the country to benefit the people of São Tomé and Principe."

Mongolia to revise controversial investment law

Dec 28, http://www.nzweek.com/world/mongolia-to-revise-controversial-investment-law-39975/

ULAN BATOR - Mongolia’s Mining Ministry will revise a controversial investment law to improve the country’s investment environment for foreign investors, local media said on Friday.

Mongolia: Boom Deflates After Deal That Started It Is Threatened

Dec 10, http://dealbook.nytimes.com/2012/12/10/boom-in-mongolia-deflates-after-deal-that-started-it-is-threatened-2/

In May, the Parliament passed a law that restricted foreign investment in the country's most attractive asset, its mineral deposits. The government is also taking aim at a crucial deal with the multinational mining giant Rio Tinto, a pact that many see as the foundation of the country's recent economic growth.

Now, the underlying fundamentals of the country look increasingly shaky. Mongolia faces a financing crunch, as investment dollars flowing from abroad have fallen. And revenue from coal, the country's main export, has dropped along with Chinese demand.

Mongolia: Khan Update on International Arbitration

Dec 11, http://khanresources.com/investors/news/121211.pdf

TORONTO, ONTARIO, Canada, December 11, 2012 ­ Khan Resources Inc. (CNSX:KRI) ("Khan" or the "Company") is pleased to provide to shareholders this update to the Company's international arbitration action against the Government of Mongolia. On July 25, 2012 the Company announced the Tribunal hearing this matter in May of this year ruled entirely in Khan's favour on matters of jurisdiction and has dismissed all of Mongolia's objections to the continuance of the suit. The action has now progressed to the quantum and damages phase. On December 7, 2012, Khan submitted to the Tribunal seven volumes of documentation in support of its claim. Khan's claim for damages totals US$326 million, including interest from the July 2009 date of the expropriation of the Dornod deposit by the Government of Mongolia.

The seven volumes total approximately 500 pages of documentation of the claim itself along with thousands of pages of supporting documentation. The documentation includes two independent valuation reports; one by Raymond James Ltd. and one by the Berkeley Research Group. Also included is a report by an independent legal expert on Mongolian law in support of Khan's claim.

The Government of Mongolia is allowed until April 5, 2013 to formulate their response to the Company's claim and then Khan will have until June 28, 2013 to respond to the Government's defense. The Tribunal will meet from November 11 through to November 15, 2013, to hear the claim and their ruling would be expected in the first half of the subsequent year.

Mr. Grant Edey, President and Chief Executive Officer of Khan, commented "While the process of International Arbitration is long ­ we initiated our suit in January 2011 ­ we remain confident in a favourable outcome and that we will receive value for our investments in Mongolia."

Khan intends to pursue, to the limit of international law, the judgement and collection of the damage award.

Mozambique's Chisano to lead fellow former leaders in Lake Malawi border dispute talks

Dec 18, http://www.maravipost.com/national/politics/2531-mozambique-s-chisano-to-lead-fellow-former-leaders-in-lake-malawi-border-dispute-talks.html

MZUZU--Former Mozambican president Joachim Chisano will lead a team of former presidents during mediation over the Lake Malawi border dispute.

Zee Entertainment gets an award of Rs.140 crores in arbitration against BCCI

Nov 16, http://www.equitybulls.com/admin/news2006/news_det.asp?id=112956

Zee Entertainment Enterprises Ltd has received an award in its favour holding that BCCI was guilty of breaching its contract with Zee and the company was entitled to damages on all counts including loss of goodwill, loss of profit and also refund of security deposit with interest. The tribunal passed an award of Rs.140 crores to be paid by BCCI to Zee by December 1, 2012, failing which the amoung carry interest at 11% p.a. till payment.

Myanmar parliament to approve some important laws in next session

Dec 31, http://www.globaltimes.cn/content/753317.shtml

These laws include a new national plan, a national budget, a taxation law, a Special Economic Zone Law, a national investment law and other important pieces of legislation, Speaker of the House of Representatives USwe Mann was quoted by the New Light of Myanmar as saying.

Myanmar to Assess Mining Project's Environmental Impact

Dec 27, http://www.daijiworld.com/news/news_disp.asp?n_id=159266

Myanmar's Investigation Commission has assigned Myanmar Environmental Institute (MEI) to assess environmental degradation and impact on social life brought about the Monywa Letpadaungtaung Copper Mining Project in northwestern Sagaing region, according to a press release of the commission issued here Thursday.

Burma: Government takes lead on Myanmar's extractive industries

Dec 24, http://www.mmtimes.com/index.php/business/3634-govt-takes-lead-on-extractive-industries.html

President U Thein Sein last week announced the formation of a heavyweight committee tasked with guiding the implementation of the Extractives Industry Transparency Initiative in Myanmar.

Burma: Investors flock to Myanmar although investment law remains unclear

Nov 21, http://biz.thestar.com.my/news/story.asp?file=/2012/11/21/business/12345837&sec=business

Being resource-rich, it has drawn the attention of oil and gas firms including government-owned Petroliam Nasional Bhd while Scomi Group Bhd has won tenders there. Prominent investors including Datuk Tong Kooi Ong have been reported to be interested in Myanmar while Tan Sri Syed Mokhtar Al Bukhary is another looking for opportunities in the oil and gas industry.

Burma: Myanmar parliament abrogates three laws, enact foreign investment law

Nov 23, http://www.china.org.cn/world/Off_the_Wire/2012-11/23/content_27206460.htm

The 5th session of Myanmar's parliament, which ended in Nay Pyi Taw on Thursday, has mainly abrogated three laws and enacted a new foreign investment law, official media reported Friday.

The three revoked laws are 1964 Myanmar Five Star Shipping Corporation Law, Land Confiscation Act related to mines and Public Services Protection Act.

The parliament passed measures for settlement of debt from Asian Development Bank (ADB), World Bank (WB) and Paris Club member countries.

New Haiti-Spain Treaty on Promotion and Reciprocal Protection of Investment Signed

Nov 17, http://www.cumbreiberoamericana.es/cumbreiberoamericana/es/content/firma-del-acuerdo-de-promoci%C3%B3n-y-protecci%C3%B3n-rec%C3%ADproca-de-inversiones-entre-espa%C3%B1-y-hait%C3%AD

The Ministers of Foreign Affairs of Haiti and Spain signed a new BIT at the XXII Ibero-American Summit, bringing their total number of signed BIT to 6 and 77 respectively.

New PCA Arbitration Rules Adopted

Dec 17, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=347&pag_id=1261

Download the PCA Arbitration Rules 2012 (PDF, 23 pages, 300 kb):

http://www.pca-cpa.org/showfile.asp?fil_id=2054

On December 17, 2012, the Administrative Council of the PCA adopted the "PCA Arbitration Rules 2012", a new set of procedural rules for the arbitration of disputes involving at least one State, State-controlled entity, or international organization.

The PCA Arbitration Rules 2012 are a consolidation of four sets of PCA procedural rules from the 1990s - the Optional Rules for Arbitrating Disputes between Two States (1992), the Optional Rules for Arbitrating Disputes between Two Parties of Which Only One is a State (1993), the Optional Rules for Arbitration Between International Organizations and States (1996), and the Optional Rules for Arbitration Between International Organizations and Private Parties (1996) -, updated in light of the 2010 revisions to the UNCITRAL Arbitration Rules and the PCA's experience with its existing procedural rules and the 1976 UNCITRAL Arbitration Rules. Model clauses that parties may consider inserting in treaties, contracts, or other agreements to provide for arbitration of existing or future disputes are set forth in the annex to the new Rules.

The PCA Arbitration Rules 2012 were developed by a Drafting Committee of leading practitioners of international arbitration, chaired by Professor Jan Paulsson. The other members of the Drafting Committee were Ms. Lise Bosman, Mr. Brooks W. Daly, Mr. Alvaro Galindo, Professor Alejandro Garro, H.E. Judge Sir Christopher Greenwood, Mr. Michael Hwang, Professor Gabrielle Kaufmann Kohler, Mr. Salim Moollan, Professor Dr. Michael Pryles AM, Judge Seyed Jamal Seifi, and Mr. Jernej Sekolec.

New Zealand seen as global 'fix-it' hub - Lucy Reed

Nov 13, http://www.nbr.co.nz/-gb-p-132152

New Zealand has the perfect conditions to become a seat for international commercial arbitration, a world-leading lawyer in the field says.

New Zealand: Two Thirds Wary Of TPP That Allows Foreign Investors to Sue

Dec 12, http://www.scoop.co.nz/stories/PO1212/S00188/two-thirds-wary-of-tpp-that-allows-foreign-investors-to-sue.htm

A telephone survey conducted by Consumer Link asked respondents whether they would support New Zealand signing trade and investment treaties that would allow the government to be sued by foreign investors in private offshore tribunals.

New Zealand: Wilson McKay (Law Firm) Sets Up Mediation Centre

Dec 10, http://www.wilsonmckay.co.nz/The+Arbitration+and+Mediation+Centre.html

Owned by the partners of Wilson McKay, the rationale of the centre was born out of a need to provide a service to business professionals that had not been specifically provided for in the past. Mr Clark, Wilson McKay's head of litigation, told Law News that increasingly, in the past 10 years, his litigation practice had moved to encompass mediation work.

New: Société Civile Immobilière de Gaëta v. Republic of Guinea (ICSID Case No. ARB/12/36)

Development and operation of commercial property. Registered Nov 28. Tribunal not yet constituted.

Nigeria: FDI will help in developing countries' potential, says UNIDO official

Nov 28, http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=106042:fdi-will-help-in-developing-countries-potential-says-unido-official&catid=31:business&Itemid=562

THE Regional Director and Country Representative, of UNIDO, Dr. Patrick Kormawa, has stressed the need for Foreign Direct Investment (FDI), saying it will enable countries to explore and develop their potential. Kormawa made this remark at the 2012 Dinner and the unveiling of ``ICC Guidelines for International Trade,'' organised by the International Chamber of Commerce Nigeria (ICCN) in Lagos on Friday.

Nigeria: Federal Government Courts Bancorp Financial Group as Crisis Looms over ALSCON Takeover

Nov 19, http://www.thisdaylive.com/articles/fg-courts-bfig-as-crisis-looms-over-alscon-takeover/130939/

The Federal Government has embarked on concrete steps aimed at handing over the Aluminium Smelter Company of Nigeria (ALSCON) to Bancorp Financial Group (BFG) in line with the Supreme Court directive. But the latest move is coming even as the Russians were said to have dragged the Federal Government before the International Court of Arbitration, London for breach of agreement as well as halt the proposed revocation or be compensated.

Nigeria: Lagos Court of Arbitration founded

Nov 20, http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=105266:we-need-more-development-policy-than-legislation&catid=42:law&Itemid=600

Last week, Lagos Court of Arbitration (LCA), an international private sector- driven dispute resolution centre was birthed with a view to serving as an effective and efficient centre for resolution of business disputes. The idea is to attract foreign investments by way of gaining the confidence of the investing public who are now aware of a mechanism of resolving disputes quickly and efficiently in Nigeria. One of the arrow-heads in the establishment of the centre, Olasupo Shasore (SAN), the immediate past Attorney General of Lagos State and co-author of Commercial Arbitration In Nigeria in this interview, explains the significance of the centre. He also spoke on criminal justice administration, constitutional amendment and intellectual property.

Website: www.lagosarbitration.org

Nigerian court backs Econet's US$3bln claim

Nov 01, http://www.newzimbabwe.com/news-9225-Nigerian+court+backs+Econet%E2%80%99s+US$3bln+claim/news.aspx

THE HIGH court in Nigeria has dismissed an application by Bharti Airtel to set aside an award made by an international commercial arbitration tribunal in favour of Econet Wireless, paving the way for Econet's US$3 billion compensation claim against the India-based telecoms firm.

OAS: Insulza proposes $ 100 million fund for IACHR and IACourtHR

Dec 10, http://www.ecuadortimes.net/2012/12/07/insulza-proposes-100-million-fund-for-iachr-and-iacourthr/

The general secretary of the Organization of American States (OAS), Jose Miguel Insulza, said today that he wants to establish a capital fund of $ 100 million to finance the activities of the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court on Human Rights (IACourtHR).

Official: Iraq's northern Kurdish suspends crude oil exports due to payment row with Baghdad

Dec 27, http://www.startribune.com/business/184749321.html

BAGHDAD - An Iraqi Kurdish official said on Tuesday that the country's self-ruled northern Kurdish region has suspended oil exports over a payment row with Baghdad, a development that could add to already souring relations between the Kurds and the Arab-led central government.

OMV Aims for April 1 Gazprom Talks to Narrow Natural Gas Prices

Nov 22, http://www.bloomberg.com/news/2012-11-21/omv-aims-for-april-1-gazprom-talks-to-narrow-natural-gas-prices.html

OMV AG (OMV), central Europe's biggest oil company, said the gap between natural gas spot prices and long- term supply contracts with Russia's Gazprom OAO (GAZP) will continue to pressure earnings next year.

Pakistan - Tethyan: Arbitration Ruling Preserves Reko Diq Mining Lease Hope [pdf]

Dec 14, http://www.tethyan.com/Portals/0/121214_press%20release%20(Tethyan%20Copper)%20-%20FINAL.pdf

The ICSID Arbitration Tribunal, which is hearing Tethyan Copper Company's case against the Islamic Republic of Pakistan under the Australia-Pakistan Bilateral Investment Treaty, issued yesterday a provisional measures decision that helps preserve the possibility of the Company ultimately receiving a mining lease for the Reko Diq area by significantly limiting the steps Pakistan and the Province of Balochistan may take regarding Reko Diq.

The Arbitral Tribunal determined that its preliminary review of the file indicated that it had jurisdiction over the dispute, and it assumed for purposes of the application that the Company will succeed on the merits of the case. The Tribunal then issued an order that held Pakistan to the representations it had made to the Tribunal regarding the limited scope of activities that Pakistan proposes to undertake at Reko Diq.

In particular, Pakistan had represented to the Tribunal that Balochistan proposed to carry out works only at the "H4" copper deposit within Reko Diq (also known as "Tanjeel"). It further represented that it would not contract with third parties for that work, nor would it expand its project to any of the other Reko Diq deposits, including the massive H14 and H15 copper/gold deposits. On the basis of these representations, the Tribunal ordered Pakistan to "immediately inform the Tribunal and [the Company] of any change to its present intention (i) to implement the H4 Work Plan, (ii) not to expand its mining activities to H14 and/or H15 or to any other deposit within [Reko Diq] and (iii) not to give any rights in this regard to any third party."

The Tribunal further ordered Pakistan to inform the Tribunal and the Company "on a regular basis" about its "specific plans and activities with respect to deposit H4." The Tribunal also stated that it "shall consider future applications" by the Company if Pakistan materially deviates from the H4 Work Plan, expands its activities to any other deposit, or gives any rights regarding Reko Diq to any third party.

Tim Livesey, Tethyan Copper Company's CEO, said: "We are pleased that the ICSID Tribunal responded so promptly to the Company's provisional measures application. We will carefully monitor the information Pakistan provides pursuant to the Tribunal's order, and we remain prepared to seek further relief from the Tribunal if Pakistan breaks any of the assurances it gave to the Tribunal during the upcoming merits phase of the hearings throughout 2013."

Mr. Livesey added: "We remain open to negotiations with Pakistan and Balochistan and believe that a negotiated resolution to the issues would be the most beneficial outcome for both the Company and the people of Balochistan and Pakistan."

Pakistan ICSID gives Balochistan govt, Dr Samar the green signal in Reko Diq case

Dec 17, http://www.pakistantoday.com.pk/2012/12/15/news/national/icsid-gives-baloch-govt-dr-samar-the-green-signal-in-reko-diq-case/

LAHORE - In one of the biggest triumphs for a developing country in the International Centre for Settlement of Investment Disputes (ICSID), Government of Balochistan and Dr Samar Mubarakmand have been given the green light to go through with their mining and smelting project, at the expense of Tethyan Copper Company (TCC). The foreign company's pleas with regards to irreparable loss and urgency have also been snubbed in the ICSID Tribunal's 45-page verdict. Following ICSID's go ahead, Dr Samar and his team have been asked to keep the tribunal informed regarding the activities being carried out in Reko Diq.

Pakistan-US: Its high time to agree on BIT: US Envoy

Dec 10, http://www.brecorder.com/pakistan/general-news/94835-its-high-time-to-agree-on-bit-us-envoy-.html

The United States Ambassador to Pakistan, Richard Olson, has called for early conclusion of Bilateral Investment Treaty (BIT).

Pakistan: Belarus shows interest in actualisation of BIT

Dec 13, http://www.dailytimes.com.pk/default.asp?page=2012%5C12%5C13%5Cstory_13-12-2012_pg5_12

Rybek urged Pakistan's business community to take advantage of the Customs Union arrangement between Belarus, Russia and Kazakhstan whereby goods imported into either one of the three states could freely cross borders between the member states of the union having a market of 200 million people.

Pakistan: Government establish trade arbitration mechanism in Pakistan, Pakistani Britons

Jan 01, http://www.thenewstribe.com/2013/01/01/government-establish-trade-arbitration-mechanism-in-pakistan-pakistani-britons/

"We have asked the government for an arbitration council or a dispute resolution council so that the matters could be settled out of court in a cordial manner," said Razi Khan, president UK Pakistan Chamber of Commerce and Industry (UKPCCI) addressing a press conference at the National Press Club here, Tuesday.

Pakistan: Kishanganga Dam

Dec 22, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/editorials/22-Dec-2012/kishanganga-dam

Despite the order of the International Court of Arbitration (ICA) to halt work on the Kishanganga Dam the previous year, the Indian project is not just under construction, but progressing to completion at alarming speed

Pakistan: Ministry seeks PM's help for settlement with TCCA

Nov 26, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/editors-picks/24-Nov-2012/ministry-seeks-pm-s-help-for-settlement-with-tcca

ISLAMABAD - The Ministry of Petroleum and Natural Resources (MPNR) has now sought help from Prime Minister Raja Parvaiz Ashraf to resolve the dispute over Reko Diq mining lease through an out-of-the-court settlement between Pakistan and the Tethyan Copper Company-Australia (TCCA).

Pakistan: Out of court resolution of Reko Diq case advocated

Nov 26, http://pakobserver.net/detailnews.asp?id=184063

Islamabad - The Ministry of Petroleum and Natural Resources has written a letter to Prime Minister to persuade the Balochistan government to settle the Reko Diq issue out of court, fearing a penalty of Rs39 billion by the International Centre for Settlement Investment Disputes.

Pakistan: Reko Diq case: Hearing resumes in Supreme Court

Nov 29, http://www.thefrontierpost.com/news/13288/

The bench comprising Chief Justice Iftikhar Muhammad Chaudry, Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed had taken up a petition of Dr Abdul Haq Baloch seeking a restraining order against the federal and provincial governments from attending the proceedings of the International Centre for Settlement of Investment Disputes (ICSID) and the International Chambers of Commerce (ICC) in view of an earlier court order asking the Balochistan government to request the international arbitrators to withhold their hearing till a decision by the court on the matter.

Pakistan: Reko Diq case: Karkay can't leave until all dues paid, SC tells NAB

Nov 20, http://www.dailytimes.com.pk/default.asp?page=2012%5C11%5C20%5Cstory_20-11-2012_pg7_15

ISLAMABAD: The Supreme Court was on Monday informed that recently the Turkish government had protested with the Pakistan government in the Karkay Rental Power Project case, while the court has sought an affidavit from the National Accountability Bureau (NAB) that Karkey would not be allowed to leave Pakistan until the entire outstanding amount is paid.

Pakistan: Reko Diq case: notices issued to all parties

Nov 16, http://www.brecorder.com/market-data/stocks-a-bonds/0/1258634/

The Supreme Court on Thursday issued notices to all parties to the Reko Diq case after it accepted an application for additional grounds against intervention of the International Court of Arbitration and the International Chamber of Commerce (ICC) in the matter. A three-judge bench, headed by the Chief Justice Iftikhar Muhammad Chaudhry, made the plea of Maulana Abdul Haque Baloch as part of the Reko Diq case.

Pakistan: Reko Diq case: SC cautions govt against adverse int'l arbitration

Nov 19, http://paktribune.com/news/Reko-Diq-case-SC-cautions-govt-against-adverse-intl-arbitration-255015.html

ISLAMABAD: The Supreme Court on Friday said the government would be responsible if the International Centre for Settlement of Investment Disputes (ICSID) announced an adverse verdict on a dispute between Pakistan and the Tethyan Copper Company-Australia (TCCA) over Reko Diq mining lease.

Pakistan: SC issues notices in plea challenging ICA arbitration

Nov 16, http://www.thenews.com.pk/Todays-News-13-18880-SC-issues-notices-in-plea-challenging-ICA-arbitration

ISLAMABAD: The Supreme Court Thursday issued notices to the respondents in Reko Diq case after accepting additional grounds of one of the petitioners against the intervention of the International Court of Arbitration (ICA) and the International Chamber of Commerce (ICC) on the Reko Diq mining lease dispute.

Pakistan: TCC lease not extended due to absence of certificate, SC told

Nov 27, http://www.dailytimes.com.pk/default.asp?page=2012%5C11%5C27%5Cstory_27-11-2012_pg7_17

Pakistan: TCC moved ICSID to dispel negative impression, Supreme Court told

Nov 24, http://www.brecorder.com/agriculture-a-allied/183/1261102/

The Supreme Court on Friday questioned Tethyan Copper Company (TCC) how it dragged Reko Diq mining lease agreement issue to International Centre for Settlement of Investment Disputes (ICSID) Tribunal. A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed resumed the hearing of identical petitions over disputed mining lease in Reko Diq in Balochistan to foreign companies.

Papua New Guinea: PM speaks out on resource tax review and Nautilus dispute

Dec 06, http://www.radioaustralia.net.au/international/radio/program/pacific-beat/png-pm-speaks-out-on-resource-tax-review-and-nautilus-dispute/1054922

PNG's review of its resource Industry tax was announced in last month's budget and it has some in the industry worried.

It is the first major review since the 2003 tax cuts that contributed to mining boom that has seen PNG lead the region in economic growth since then.

The International Monetary Fund and the Asian Development Bank say there is room for PNG to increase its tax revenue.

When Jemima Garrett put that proposition to Papua New Guinea Prime Minister, Peter O'Neill he told her there are arguments both for and against raising mining taxes.

Philippine: First Philippine Holdings unit seek intl arbitration over silicon wafer venture

Nov 26, http://www.gmanetwork.com/news/story/283583/economy/companies/first-philippine-holdings-unit-seek-intl-arbitration-over-silicon-wafer-venture

First Philippine Electric Corp. and First Philec Solar Corp. have asked for arbitration over their dispute with SunPower Philippines Manufacturing Ltd. before the International Court of Arbitration of the International Chamber of Commerce, according to a disclosure filed before the Philippine Stock Exchang on Friday.

From the filing: "First Philippine Electric Corporation ("First Philec") and First Philec Solar Corporation ("FPSC") have filed a request for arbitration of their dispute with Sun Power Philippines Manufacturing Limited ("SPML") with the International Court of Arbitration of the International Chamber of Commerce. FPSC is a joint venture company established by First Philec and SPML to slice silicon wafers for SPML. First Philec is a wholly-owned manufacturing subsidiary of First Philippine Holdings Corporation ("FPH").

Both FPSC and SPML have alleged breaches by the other party of their Wafering Supply and Sales Agreement which SPML has purported to terminate. First Philec and SPML have also alleged breaches by the other party of their joint venture agreement. First Philec and FPSC have initiated arbitration in order to enforce their rights under the Joint Venture Agreement and the Wafering Supply and Sales Agreement, respectively."

Source: http://www.pse.com.ph/resource/disclosures/2012/pdf/dc2012-8479_FPH.pdf

Philippines: No letup in PH push vs Sino claims - The Department of Foreign Affairs (DFA)

Jan 02, http://globalnation.inquirer.net/60783/dfa-no-letup-in-ph-push-vs-sino-claims

MANILA, Philippines–The Department of Foreign Affairs (DFA) will continue to assert the Philippines’ claims to contested islands in the West Philippine Sea (South China Sea) this year, the country’s top diplomat said.

Presentación del acuerdo marco de colaboración para promover la conformación de un Centro Iberoamericano de Arbitraje

Nov 16, http://www.cumbreiberoamericana.es/cumbreiberoamericana/es/content/presentaci%C3%B3n-del-acuerdo-marco-de-colaboraci%C3%B3n-para-promover-la-conformaci%C3%B3n-de-un-centro-ib

Presentación del acuerdo marco de colaboración para promover la conformación de un Centro Iberoamericano de Arbitraje

Russia entitled to take Lithuania to int'l arbitration over Gazprom affair - Econ Ministry

Dec 29, http://www.interfax.com/newsinf.asp?id=386777

Interfax - Russia is entitled to take Lithuania to international arbitration over the so-called 'Gazprom affair' if the sides cannot come to terms at bilateral talks in January, Maxim Medvedkov, head of the trade negotiations department at the Russian Economic Development Ministry, told Interfax.

Medvedkov said Russia could gain the opportunity to go to the international court as early as February.

He said issues related to the Third Energy package in the EU were split into two parts.

Russia's antimonopoly body withdraws lawsuit against Telenor

Nov 23, http://www.totaltele.com/view.aspx?ID=477964

Russia's Federal Antimonopoly Service said in a statement Friday it has sent a request to the Moscow Arbitration Court to withdraw a lawsuit against Norwegian telecommunications company Telenor ASA linked to its increase of its stake in VimpelCom Ltd.

Russia: Abramovich Buys $1.5 Billion Norilsk Stake in Rusal Deal

Dec 12, http://www.bloomberg.com/news/2012-12-11/abramovich-cuts-norilsk-share-purchase-in-billionaires-truce.html

Roman Abramovich agreed to revised terms including changes to planned dividends in a deal to buy a $1.5 billion stake in OAO GMK Norilsk Nickel from United Co. Rusal, according to three people familiar with the matter.

Russia: No sense in considering Russian commercial disputes abroad, court chairman

Dec 07, http://rapsinews.com/judicial_information/20121207/265693498.html

Russian commercial disputes should not be heard by international courts outside of the country, Alexei Kostin, the chairman of the Russian Chamber of Commerce and Industry's International Commercial Arbitration Court, said at a news conference on international arbitration practice in Moscow on Friday.

Russia: Pressure Grows in Moscow Arbitration Court

Dec 07, http://www.themoscowtimes.com/news/article/what-the-papers-say-dec-7-2012/472660.html

Fedor Maksimov and Yevgeny Timoshkov article headlined "Pressure Grows in Moscow Arbitration Court" says that judge of the Moscow Arbitration Court Yelena Zotova, who has been assigned to deal with AFK Sistema's lawsuit against Russian Railways, has complained to the Investigative Committee that the chairman of the arbitration court exerted pressure on her and made her resign; pp 1, 5 (1,175 words).

Russia: RosGas disputes court ruling on sale of Hungarian Emfesz for $1

Nov 27, http://rapsinews.com/judicial_news/20121126/265518055.html

Russia: Rosneft near final TNK-BP deal with tycoons - sources

Dec 12, http://uk.reuters.com/article/2012/12/11/uk-rosneft-tnkbp-idUKBRE8BA0P420121211

Reuters - Russian oil group Rosneft will announce within days it has finalised a deal to buy half of domestic peer TNK-BP from AAR for $28 billion, several sources familiar with the situation said.

Russia: Ruric receives Moika-Glinki investment contract cancellation

Nov 23, http://ruric.org/en/press_releases/1660198.php

On November 20, 2012 Ruric Management received a notification from the Ministry of Defence cancelling the Moika-Glinki Investment contract. The cancellation is done without arbitration.

The document received does not mention compensation for investment expenses. Ruric Management has asked for arbitration at Arbitral Court of Moscow. First hearing will be December 10, 2012.

Russia: Sheremetyevo Airport claims $3mn from Ukrainian airline "Aerosvit"

Dec 10, http://www.bsr-russia.com/en/airlines-a-airports/item/2530-sheremetyevo-airport-claims-$3mn-from-ukrainian-airline-aerosvit.html

JSC "Sheremetyevo International Airport" has filed a claim in the Arbitration Court of the Moscow region against the Ukrainian private joint stock company "Air company" Aerosvit " for a total of about 92 million roubles (nearly US$ 3 mn) for debts owed.

Russia: Urals Energy - Arbitration Update and Completion of Tanker Loading

Dec 07, http://www.uralsenergy.com/newsdetail.asp?news_ID=6407

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.

The Company would also like to report that the loading of the tanker on Kolguyev Island from Arkticneft has been completed with the shipment of 231,594 barrels of crude to Petraco. Photographs from the recent loading of the tanker are available to view on the company's web-site by clicking here.

The daily production at Arkticneft has remained stable at 700 bopd, while at Petrosakh it has increased by 45 bopd and reached a level of 1440 bopd.

Commenting on today's release, CEO Alexei Maximov said:

"The board is happy to be close to turning the final page on Urals' legacy issues, including, prevailing in court over the unfounded allegations of a former director. With an ongoing strong operational performance, Urals is moving full steam ahead to 2013 and we remain confident of our ability to further increase production on our existing acreage, whilst seeking new ways to create value for our shareholders."

Russian billionaires end Norilsk feud by adding another oligarch

Dec 06, http://www.theglobeandmail.com/report-on-business/international-business/european-business/russian-billionaires-end-norilsk-feud-by-adding-another-oligarch/article5960003/

Two Russian billionaires ended a four-year battle over the world's biggest nickel and palladium miner on Tuesday by giving the largest voting stake in their $30-billion (U.S.) company to a third: Kremlin-favoured tycoon Roman Abramovich.

Norilsk Owners Said to Head Into $1 Billion Arbitration

Nov 30, http://www.businessweek.com/news/2012-11-30/norilsk-owners-said-to-head-into-1-billion-arbitration

Russian billionaire Vladimir Potanin and Oleg Deripaska's United Co. Rusal are heading toward a more than $1 billion arbitration case as they battle over rights at OAO GMK Norilsk Nickel (MNOD), according to four people with knowledge of talks.

Russian official detained in $300 mln fraud

Dec 27, http://indrus.in/articles/2012/12/26/russian_official_detained_in_300_mln_fraud_21279.html

Police have detained a former director of the Federal Property Management Agency for the Moscow region on suspicion of involvement in the embezzlement of state property worth more than 10 billion rubles (about $300 million), the Interior Ministry said on Tuesday. The case involves the illegal seizure and sell-off of over 100 state-owned real estate properties.

Russian oligarchs' Norilsk arbitration postponed until February

Dec 06, http://rapsinews.com/judicial_news/20121204/265638757.html

S.Africa's Standard Bank to appeal $60 mln arbitration ruling

Dec 10, http://www.cnbc.com/id/100288920

South Africa's Standard Bank said on Friday it would appeal an arbitration ruling to refund at least $60 million worth of shares to a union pension fund.

Samsung, Nielsen, Cascadia, Google: Intellectual Property

Nov 29, http://www.bloomberg.com/news/2012-11-29/samsung-nielsen-cascadia-google-intellectual-property.html

Samsung Electronics Co. plans to argue in a London trial that Apple Inc. smartphones use its protected technology without authorization.

Sao Tome and Principe Accedes to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards - 148th Country to Become Party to the Convention

Nov 30, http://www.unis.unvienna.org/unis/pressrels/2012/unisl178.html

UN Information Service - Sao Tome and Principe has deposited its instrument of accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention. With its accession, Sao Tome and Principe becomes the 148th State party to the Convention. The Convention will enter into force for Sao Tome and Principe on 18 February 2013.

The New York Convention is widely recognized as a foundation instrument of international arbitration. It requires courts of contracting States to give effect to arbitration agreements and to recognize and enforce awards made in other States, subject to specific limited exceptions.

Canada: Nordion Provides Update on MAPLE Arbitration Costs - (AECL puts arbitration costs at $46 million)

Dec 04, http://news.nordion.com/phoenix.zhtml?c=68761&p=irol-newsarticle&ID=1764395

BUSINESS WIRE - Dec. 4, 2012-- Nordion Inc. today provided an update regarding the submissions of arbitration-related costs by Atomic Energy of Canada Limited (AECL) associated with Nordion's arbitration with AECL over the cancelled MAPLE project.

Nordion has received and is currently assessing the legal merits and financial implications of AECL's costs submissions. AECL submitted total arbitration-related costs of approximately $46 million. The Company expects to file a response to AECL's submission with the tribunal in early 2013. The tribunal is expected to schedule proceedings to hear both parties' arguments during the Company's second fiscal quarter of 2013. Nordion expects a decision to be rendered regarding the allocation of arbitration-related costs thereafter. As the MAPLE arbitration decision of the tribunal favored AECL, Nordion may be responsible for a portion of AECL's costs which could be material.

Singapore: Arbitration for Teledata dispute with GEM Global, GEMIA

Nov 30, http://www.businesstimes.com.sg/breaking-news/singapore/arbitration-teledata-dispute-gem-global-gemia-20121130

Teledata (Singapore) Ltd on Friday announced it has on Nov 28, 2012 been served with a notice of arbitration from claimants GEM Global Yield Fund Ltd (GEM Global) and GEM Investment Advisers Inc (GEMIA).

Slovakia owes Achmea millions, court rules

Dec 17, http://spectator.sme.sk/articles/view/48568/2/slovakia_owes_achmea_millions_court_rules.html

NOBODY will pay anything to anybody for now, was the first reaction of Prime Minister Robert Fico to Slovakia's defeat in a long-running court case initiated by Achmea, the Dutch owner of Union, a health insurance firm, over controversial legislation which prevented privately-owned public health insurers from retaining profits or distributing them to shareholders. The law in question was passed by Fico's 2006-10 government. The International Court of Arbitration ruled that Slovakia must now pay €22 million to Achmea for what it called a violation of the provisions of the investment treaty between Slovakia and the Netherlands.

Slovakia: Achmea Wins Arbitration Against Slovakia Over Insurance

Dec 10, http://www.businessweek.com/news/2012-12-10/achmea-wins-arbitration-against-slovakia-over-insurance

Achmea BV won an arbitration case against Slovakia in which the Dutch insurer claimed the country breached investment treaties when it forbade health insurers from making a profit. The arbiters on Dec. 7 awarded Achmea 22 million euros ($28.4 million) in compensation for damages incurred by its Slovak subsidiary Union AS because of the profit ban, the company said in an e-mailed statement today.

South Korea: Lone Star Funds starts arbitration proceedings against korean government

Nov 22, http://blogs.wsj.com/deals/2012/11/22/lone-star-funds-starts-arbitration-process-with-korean-government/

Lone Star Funds has launched arbitration with the South Korean government over an eight-year long disputed sale process of the private-equity firm's stakes in Korean Exchange Bank and other Korean companies.

Spain to Start Arbitration Over Mis-Sold Bankia Products

Dec 18, http://www.businessweek.com/news/2012-12-18/spain-to-start-arbitration-over-mis-sold-bankia-products

Spain will create an arbitration process for minority investors who lost money buying hybrid products from lenders that now form part of the Bankia group, Economy Minister Luis de Guindos said.

Statement from U.S. Trade Representative Ron Kirk on the Signing of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law and Accountability Act

Dec 14, http://www.ustr.gov/about-us/press-office/press-releases/2012/december/amb-kirk-statement-jvpntr

U.S. Trade Representative Ron Kirk today hailed the signing by President Obama of H.R. 6156, the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law and Accountability Act of 2012, which authorizes the establishment of Permanent Normal Trade Relations (PNTR) with Russia and Moldova. This step will allow the United States to apply the World Trade Organization (WTO) agreement to Russia, offering new, job-supporting trade opportunities for U.S. businesses and workers and allowing the United States to address trade disputes with Russia in the WTO system, if necessary.

"The United States strongly supported Russia's accession to the WTO, because it is in the interest of our exporters and the Americans they employ to bring Russia more fully into the global trading system," said Ambassador Kirk. "With the signing of this legislation, American businesses and workers are closer to enjoying the full economic benefits of Russia's WTO commitments."

Ambassador Kirk, Acting Commerce Secretary Rebecca Blank, members of Congress, and others joined the President at a signing ceremony at the White House today.

Svea Court of Appeal grants partial enforcement of foreign award [Publishing Group Superdruk v Solna Offset]

Nov 22, http://www.sccinstitute.com/?id=23696&newsid=44581

In its ruling, the Svea Court of Appeal confirmed that in Sweden there are no procedural impediments to enforce only part of an arbitral award. The Court explained that a party's counterclaims are no impediment for the enforceability of a foreign award and that a foreign award can be denied enforcement either when a party invokes any of the reasons listed in Article 54 of the Swedish Arbitration Act (SAA) or when the court finds that any of the circumstances of Article 55 of the SAA applies (non-arbitrability or public policy). The request for partial enforcement of the award was granted.

Tanzania, Malawi agree to mediation over border dispute

Nov 19, http://articles.chicagotribune.com/2012-11-17/news/sns-rt-us-tanzania-malawibre8ag0bq-20121117_1_lake-malawi-border-dispute-fumbuka-ng-wanakilala

Reuters - Tanzania and Malawi agreed on Saturday to appoint an international mediator to resolve a long-running border dispute over Lake Malawi, thought to sit over rich oil and gas reserves.

Tanzania: Tanesco, Dowans Saga Drags On

Dec 10, http://allafrica.com/stories/201212110120.html

Dar es Salaam - Settlement of Arbitration Award by the International Chamber of Commerce (ICC) between the Tanzania Electric Supply Company Limited (TANESCO) and Dowans Tanzania Limited and Dowans Holdings of Costa Rica, still remains dull regarding a decretal sum of over $65.8m.

Tanzania: We can`t pay 122.2bn/- debt - Tanesco

Dec 07, http://www.ippmedia.com/frontend/index.php?l=48753

Should Tanesco lose its appeal in the Dowan's case, it fears that, upon payment of the 122.5bn/- it will be irrecoverably 'paralysed' and being the nation's power supply monopoly, warns that the entire nation would be in for rough times, indefinitely.

Tanzanian Justice to Head Mediation Body (EEE Mediation Ltd)

Nov 21, http://allafrica.com/stories/201211200236.html

THE former Chief Justice of Tanzania, Mr Justice Barnabas Samatta, has been appointed Co-Chairman of EEE Mediation Ltd, a pioneering dispute avoidance and resolution facility for the African resources sectors.

EEE Mediation Ltd is a pan-African initiative comprising a number of leading judges, lawyers, trade unionists, financiers, environmentalists, and business and community leaders.

Website: EEE Mediation Ltd http://eeemediation.com/ "We provide a comprehensive and cost-effective dispute avoidance and resolution facility focused on the African resources sectors, specifically - - Oil and energy; - Mining and minerals; - Land and water; - Commodities, forests and fisheries."

The Korean Government's Position Regarding the Lone Star Lawsuit

Nov 22, http://english.mosf.go.kr/pre/view.do?bcd=N0001&seq=3108&bPage=1

On November 21, 2012 (USA time), Lone Star Funds has brought a lawsuit to the International Centre for Settlement of Investment Disputes, an international arbitration organization, arguing that Korea violated the Korea-Belgium-Luxembourg Investment Agreement.

The Korean government rejects Lone Star Funds' accusations regarding this dispute. Last May, after Lone Star Funds announced its intention to seek arbitration, the related departments have been preparing for trial. The government will pay full attention to the arbitration proceedings and will aggressively defend itself against Lone Star Funds' unjust accusations.

TPP Chief Negotiators Pleased to Report Continued Progress

Dec 13, http://www.ustr.gov/about-us/press-office/press-releases/2012/december/tpp-negotiators-report-progress

Trans-Pacific Partnership (TPP) negotiators were pleased to report further solid steps forward in closing the remaining gaps between them during the 15th round of negotiations, which closed today. Their announcement of new progress followed recent discussions between President Obama and the Leaders of other TPP countries, during which the Leaders reaffirmed their mutual priority of concluding a state-of-the-art, comprehensive agreement as quickly as possible and of smoothly integrating the newest members, Canada and Mexico, into the negotiations.

Trinidad and Tobago: Billion lost, billion gained

Nov 18, http://www.trinidadexpress.com/news/Billion_lost__billion_gained-179890051.html

Yesterday, the Sunday Express examined the relationship between the Trinidad and Tobago Government and the United Kingdom firm British Aerospace Engineering (BAE) Systems over a contract for and subsequent cancellation of three offshore patrol vessels (OPVs). It was knitted together from the witness statements and documents submitted to the International Court of Arbitration during the period May 8-18, 2012 for which a non-disclosure clause was agreed. The story revealed that the PNM administration, who had initiated the programme, had been concerned about BAE's inability to meet deadlines, their lack of transparency and their failure to meet contractual obligations. The People's Partnership Government served notice to BAE on September 16, 2010 and the contract was officially cancelled on October 20, 2010.

Trinidad and Tobago: Operations at Petrotrin temporarily halted

Dec 06, http://www.newsday.co.tt/news/0,170195.html

Operations at Petrotrin's exploration and production departments, as well as its sprawling oil refinery, were temporarily halted yesterday morning after workers engaged in a massive demonstration at the Pointe-a-Pierre roundabout.

...

Speaking to reporters following the demonstration, Roget said there were two issues which had precipated the demonstration - the settlement of the World Gas To Liquids, (WGTL), arbitration proceedings, and the intention to cap a number of oil wells which were in the path of the Debe to Mon Desir segment of the San Fernando to Point Fortin highway.

Trinidad and Tobago: Petrotrin stuck with $2.7b 'failure'

Dec 06, http://www.trinidadexpress.com/business/Carla-Bridglal-carlabridglaltrinidadexpresscom-182191921.html

After spending $2.7 billion on a failed gas to liquids plant at its Pointe-a-Pierre refinery, State oil company Petrotrin is now stuck with a 95 per cent stake in a project it doesn't really have a need for.

Speaking to reporters yesterday after a business opportunity seminar at the Trinidad and Tobago Chamber of Commerce, Westmoorings, Petrotrin president Khalid Hassanali said the end result of the investment, brokered four years ago, was that it has not performed.

Trinidad and Tobago: Petrotrin wins big in GTL arbitration

Dec 04, http://www.newsday.co.tt/news/0,170090.html

STATE-OWNED Petrotrin has recorded a major legal victory in arbitration proceedings involving the controversial Gas to Liquids (GTL) project, started during the People's National Movement (PNM) administration under then prime minister Patrick Manning.

This was revealed last night by Prime Minister Kamla Persad-Bissessar during her feature address at the UNC's Monday Night Forum at the Tulsa Trace Hindu School in Penal.

Tunisia/Malta: memorandum of understanding on mutual cooperation

Dec 06, http://www.northafricapost.com/1683-tunisiamalta-memorandum-of-understanding-on-mutual-cooperation.html

The fair was marked by the signing of a Memorandum of Understanding on mutual cooperation between Malta Enterprise and the Tunisian Foreign Investment Promotion Agency, FIPA.

Turkmen gas company says supply to Iran restored

Nov 16, http://www.arabtimesonline.com/NewsDetails/tabid/96/smid/414/ArticleID/190060/reftab/36/t/Turkmen-gas-company-says-supply-to-Iran-restored/Default.aspx

RTRS: Turkmenistan has resumed gas supplies to Iran after a brief stoppage for repairs along a stretch of pipeline linking the two countries, the Turkmen state gas company said on Friday.

U.S. extends waivers on Iran sanctions to India, China

Dec 10, http://in.reuters.com/article/2012/12/08/usa-iran-sanctons-india-idINDEE8B60DB20121208

The United States granted 180-day waivers on Iran sanctions to China, India and a number of other countries on Friday in exchange for their cutting purchases of oil from the Islamic Republic.

Uganda blocks Ophir from taking over Dominion assets

Dec 13, http://www.reuters.com/article/2012/12/13/uganda-oil-ophir-idUSL5E8ND3WU20121213

Reuters - Uganda has blocked British explorer Ophir from taking over Dominion Petroleum's assets in the east African nation despite its acquisition of Dominion, a senior official said on Thursday.

Uganda Joins COMESA FTA

Nov 25, http://www.tax-news.com/news/Uganda_Joins_COMESA_FTA____58380.html

The Ugandan government has approved a recommendation by its Minister for Trade, Amelia Kyambadde, to join the Common Market for Eastern and Southern Africa Free Trade Area (COMESA FTA).

United Nations General Assembly elects new UNCITRAL Members

Nov 15, http://www.unis.unvienna.org/unis/pressrels/2012/unisl176.html

UN Information Service - The General Assembly on 14 November held elections to fill vacancies in the United Nations Commission on International Trade Law (UNCITRAL).

The outgoing members whose terms of office will expire on 7 July 2013 are: Armenia, Bahrain, Benin, Bolivia, Bulgaria, Cameroon, Canada, Chile, China, Egypt, El Salvador, France, Germany, Greece, Honduras, Japan, Latvia, Malaysia, Malta, Mexico, Morocco, Namibia, Norway, Republic of Korea, Russian Federation, Senegal, Singapore, South Africa, Sri Lanka and United Kingdom.

The Assembly elected the following 29 States as members of UNCITRAL for a six-year term beginning on 8 July 2013: Armenia, Bulgaria, Cameroon, China, Côte d'Ivoire, Denmark, Ecuador, El Salvador, France, Germany, Greece, Honduras, Hungary, Indonesia, Japan, Kuwait, Liberia, Malaysia, Mauritania, Mexico, Namibia, Panama, Republic of Korea, Russian Federation, Sierra Leone, Singapore, Switzerland, United Kingdom and Zambia. Regarding the one remaining vacancy that will exist from July 2013, the Assembly will conduct an election upon notification by interested Member States from the "Western European and other States" region for which the vacancy remains.

The term of the following 26 States members of the Commission continues until 2016: Algeria, Argentina, Australia, Austria, Botswana, Brazil, Colombia, Fiji, Gabon, India, Iran, Israel, Italy, Jordan, Kenya, Mauritius, Nigeria, Pakistan, Paraguay, Philippines, Spain, Thailand, Turkey, Uganda, United States and Venezuela. Membership of the Commission until 2016 will also include a further 4 States members from the following States who have elected to alternate their membership during the period: Belarus, Croatia, Czech Republic, Georgia, Poland and the Ukraine.

United States and Morocco Reach Agreement on Trade Facilitation, Joint Investment Principles and Joint Information and Communication Technology (ICT) Principles

Dec 07, http://www.ustr.gov/about-us/press-office/press-releases/2012/december/us-morocco-reach-agreement

The United States and the Kingdom of Morocco this week announced new agreements that will stimulate significant additional commercial activity between our two countries and within the broader Middle East/North Africa region. The announcements were made on the occasion of the third Joint Committee Meeting under the U.S.-Morocco Free Trade Agreement (FTA), which entered into force on January 1, 2006. Deputy U.S. Trade Representative Miriam Sapiro and Moroccan Minister of Industry, Trade and New Technologies Abdelkader Amara opened the meeting on December 5, which focused on the significant increases in bilateral trade and investment - an increase of over 300 percent in goods trade since the FTA's entry into force.

Morocco is currently the United States' 55th largest goods trading partner with two-way goods trade totaling $3.8 billion in 2011. U.S. goods exports to Morocco totaled $2.8 billion in 2011 and U.S. goods imports from Morocco totaled $1 billion. U.S. foreign direct investment in Morocco was $350 million in 2011.

United States Requests WTO Panel in Case Against Argentina's Widespread Use of Import Restrictions

Dec 06, http://www.ustr.gov/about-us/press-office/press-releases/2012/december/us-requests-wto-panel-argentina-ir

Washington, D.C. - United States Trade Representative Ron Kirk announced today that the United States has requested the World Trade Organization (WTO) to establish a dispute settlement panel to examine Argentina's import restrictions on all U.S. goods imported into Argentina. These measures include the broad use of non-transparent and discretionary import licensing requirements that have the effect of unfairly restricting U.S. exports. Argentina further disadvantages U.S. exports by requiring importers to agree to undertake burdensome trade balancing commitments, such as agreeing to export a certain value of Argentine goods, in exchange for authorization to import U.S. goods. The European Union, Mexico, and Japan have also requested the establishment of panels to examine Argentina's import restrictions.

"Argentina's persistent use of import restrictions broadly impacts all U.S. exporters of goods to Argentina," said Ambassador Kirk. "It is vital to American workers that our exporters obtain fair and equal access to foreign markets, as required by our trade agreements. Today's step reflects the Obama Administration's commitment to ensuring that our trading partners play by the rules so that our companies can compete on a level playing field."

The United States requested WTO consultations with Argentina on August 21, 2012. The United States and Argentina held consultations on September 20-21, 2012, but the consultations did not resolve the dispute.

The Interagency Trade Enforcement Center (ITEC), created by this Administration to enhance U.S. trade enforcement capabilities, provided significant investigative and analytical resources to support USTR's monitoring and enforcement unit in the development and initiation of this dispute.

US judge SLAMS both IBM and the SEC over bribery settlement

Dec 29, http://www.theregister.co.uk/2012/12/29/ibm_sec/

A US federal judge has refused to agree to a settlement between the SEC and IBM over charges dating back to 2011 alleging that Big Blue bribed Chinese and South Korean officials unless the company produces a whole new set of extensive compliance reports.

US-Canada: International arbitration for tax disputes, baseball style

Nov 26, http://www.reuters.com/article/2012/11/25/us-usa-tax-arbitration-idUSBRE8AO06T20121125

Reuters - The United States remains undefeated in the nearly two years since it began settling corporate tax disputes with Canada through a winner-takes-all process popularly known as "baseball arbitration."

US-Mexico: Cargill says Mexico owes it $95 million in NAFTA dispute

Nov 13, http://www.foxbusiness.com/news/2012/11/13/cargill-says-mexico-owes-it-5-million-in-nafta-dispute/

MEXICO CITY - 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: $3.5 Million Arbitration Award for Waste Connections, Inc.

Dec 14, http://www.tmcnet.com/usubmit/2012/12/13/6793318.htm

The arbitrator, the Hon. Fern Smith (ret'd) of JAMS issued the Final Award in August and the San Francisco Superior Court confirmed it in October 2012. The case stems from an arbitration demand for breach of contract Waste Connections filed against The Ratto Group of Companies, Inc. in July 2010. The two companies entered a long-term Solid Waste Disposal Agreement in May 2009 pursuant to which The Ratto Group agreed to include Waste Connections' Potrero Hills Landfill as the exclusive disposal site in any bid it submitted to Sonoma County. The Ratto Group violated the exclusive disposal obligations when it submitted a bid to transport the County's waste to a competing landfill operator.

US: Arbitration Clause Needs Deference, Justices Say

Nov 27, http://www.courthousenews.com/2012/11/26/52528.htm

The U.S. Supreme Court on Monday rebuked Oklahoma's highest judicial authority for trampling arbitration rights memorialized in federal law.

US: Boeing Seeks Mediator in Talks With Engineers

Nov 30, http://online.wsj.com/article/SB10001424127887324205404578149602328309068.html

Boeing Co. has officially requested a federal mediator's help in its negotiations with its engineers union, as the aircraft giant and the union seek common ground on a new contract.

US: Drug Company Calls Arbitrator Biased

Nov 05, http://www.courthousenews.com/2012/11/05/51965.htm

A pharmaceutical company [Pericor Therapeutics] claims in court that its attorney's history of legal fights with the American Arbitration Association requires that the AAA be barred from refereeing its dispute with Merck. Pericor Therapeutics sued the AAA and Merck in Superior Court.

US: Eli Lilly fights Canada’s move to strip drug patent - NAFTA

Dec 07, http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/eli-lilly-fights-canadas-move-to-strip-drug-patent/article6082557/

U.S. drug giant Eli Lilly & Co. is launching a challenge under the North American free trade agreement, demanding $100-million in compensation for Canadian court decisions that stripped the company of its patent for a drug used to treat attention-deficit disorder.

US: Eli Lilly to Pay $29M to Settle SEC Bribery Case

Dec 21, http://www.foxbusiness.com/industries/2012/12/20/eli-lilly-to-pay-2m-to-settle-sec-bribery-case/

Eli Lilly and Co agreed on Thursday to pay $29 million to settle civil charges that its subsidiaries made improper payments to foreign government officials to win business in Russia, Brazil, China and Poland.

US: Gold Reserve Announces Final Results of Restructuring of 5.50% Senior Subordinated Convertible Notes Due 2022

Nov 27, http://www.goldreserveinc.com/documents/nr%2012-15.pdf

NR-12-15

Gold Reserve Inc. is pleased to announce today the results of the restructuring of its 5.50% Senior Subordinated Convertible Notes due 2022 (the "Notes"). The Company restructured approximately $101.3 million of its $102.3 million total Notes for $33.8 million in cash, $42.2 million in equity (representing 12,412,501 common shares at $3.40 per share), $25.3 million in new two-year Modified Notes (5.5% yield and convertible into common shares under certain circumstances at $4.00 per share) and a Contingent Value Right ("CVR") to be distributed pro-rata to the participating Note holders totaling 5.468% of any award or settlement of the Company's ICSID arbitration.

...

US: Google and Apple explore arbitration to solve standards patent problems

Nov 19, http://www.theverge.com/2012/11/16/3655936/google-apple-solving-standards-patent-problems-arbitration

Apple broke from its aggressive legal strategy when it recently reached a settlement with HTC, and it appears the company may be ready to take a similar approach with its rival Google.

US: IBM Judge Questions SEC on Foreign Bribe Settlement

Dec 21, http://www.bloomberg.com/news/2012-12-20/ibm-judge-questions-sec-posture-on-foreign-bribe-settlement-1-.html

A federal judge said he won't "rubber stamp" the U.S. Securities and Exchange Commission's settlement of foreign bribery allegations brought last year against International Business Machines Corp. (IBM)

US: Judge Tom Varlan orders mediation in TVA ash spill trial

Nov 21, http://www.knoxnews.com/news/2012/nov/20/judge-orders-mediation-in-tva-ash-spill-trial/

U.S. District Judge Tom Varlan ordered both sides to agree on a mediator within the first 30 days and report that to the court. Varlan said he expects the parties to "mediate the case until they meet with complete success or at least with partial success."

US: Lawyers meet to settle Savannah River dredging dispute

Nov 30, http://www.sandandgravel.com/news/article.asp?v1=16615

Former South Carolina US Rep. John Spratt is overseeing two days of court-ordered mediation of the case scheduled for Thursday and Friday.

US: LNG project is linked to oil tax change, producers say

Nov 22, http://www.alaskajournal.com/Alaska-Journal-of-Commerce/November-Issue-4-2012/LNG-project-is-linked-to-oil-tax-change-producers-say/

All three major North Slope producing companies say progress on a large natural gas pipeline and liquefied natural gas project is linked to reform of the state's oil production tax, an issue that will be before the state Legislature again in its 2013 session. ... "It is essential to build a competitive fiscal regime for both oil and gas. Stability is essential," said Randy Broiles, ExxonMobil Production Co.'s vice president/Americas.

US: Representative Hails Application of the WTO Agreement between the United States and Russia and the United States and Moldova

Dec 21, http://www.ustr.gov/node/7981

U.S. Trade Representative Ron Kirk Hails Application of the WTO Agreement between the United States and Russia and the United States and Moldova

Washington, D.C. — Following President Obama’s signature of the proclamation extending permanent normal trade relations (PNTR) to Russia and Moldova, the United States and Russia both filed letters with the World Trade Organization (WTO) withdrawing their notices of non-application and agreeing to have the WTO Agreement apply between them. The United States also filed a letter withdrawing its notice of non-application with regard to Moldova and agreeing to have the WTO Agreement apply between the United States and Moldova.

US: Sens. Lugar, Cardin join lawsuit to defend SEC disclosure rule

Dec 27, http://thehill.com/blogs/e2-wire/e2-wire/274549-sens-lugar-cardin-join-lawsuit-to-defend-sec-disclosure-rule

Sens. Dick Lugar (R-Ind.) and Ben Cardin (D-Md.) are jumping into litigation to defend a provision they inserted in the 2010 Dodd-Frank law that forces oil and mining companies to disclose payments to foreign governments.

US: Stockbroker Wins Arbitration For Owed Commissions And Expenses

Dec 14, http://www.forbes.com/sites/billsinger/2012/12/14/stockbroker-wins-arbitration-for-owed-commissions-and-expenses/?ss=advisor-network

In a Financial Industry Regulatory Authority ("FINRA") Arbitration Statement of Claim filed in October 2011, Claimant Paul alleged that before and after his separation from employment, Respondent Allegiant Securities had failed to pay to him commissions that he had earned and had failed to reimburse expenses. Claimant ultimately sought $43,954.74 in compensatory damages plus interest, attorneys' fees, and costs. In the Matter of the FINRA Arbitration BetweenRichard W. Paul, Claimant, vs Allegiant Securities, LLC, Respondent (FINRA Arbitration 11-03915, December 7, 2012).

US: Trade Deal Between U.S.-Europe May Pick Up Steam

Nov 26, http://www.nytimes.com/2012/11/26/business/global/trade-deal-between-us-europe-may-pick-up-steam.html?_r=0

FRANKFURT - A free-trade agreement between the United States and Europe, elusive for more than a decade but with a potentially huge economic effect, is gaining momentum and may finally be attainable, business and political leaders say.

Venezuela: Biogas Investment In Valenzuela Imperiled By Expropriation

Dec 06, http://www.mb.com.ph/articles/384410/biogas-investment-in-valenzuela-imperiled-by-expropriation

MANILA, Philippines --- An ordinance seeking to expropriate a portion of 15-hectare in Barangay Lingunan, Valenzuela is being questioned by the private company that owns the land.

Venezuela: Gold Reserve Updates Shareholders on activities related to arbitration and settlement discussions ... [pdf]

Nov 29, http://www.goldreserveinc.com/documents/nr%2012-16.pdf

Gold Reserve Inc. is pleased to provide an update on management's activities related to arbitration and settlement discussions, debt restructuring, exchange listings, litigation settlement, exploration activities and its financial overview for the third quarter of 2012.

Zimbabwe may seize Tongaat farmland

Nov 18, http://www.moneyweb.co.za/moneyweb-industrials/zimbabwe-may-seize-tongaat-farmland

Bloomberg -- Zimbabwe may seize land farmed by Tongaat Hulett Ltd. and cancel its operating license under a law aimed at empowering black Africans, the state-run Sunday Mail reported, citing a letter written by indigenization minister Saviour Kasukuwere.

Zimbabwe: Attorney-General Dismisses African Commission on Human and People's Rights Land Judgment

Nov 22, http://allafrica.com/stories/201211221126.html

Attorney-General Johannes Tomana yesterday said a recent judgment by the African Commission on Human and People's Rights to hear the case of a former commercial farmer seeking to reverse the land reform programme was insignificant. The ruling was made at a session of the ACHPR held in Cote d'Ivoire last month but was made public on Tuesday in favour of Ben Freeth and his co-plaintiff Luke Tembani.

Zimbabwe: Mutinhiri on collision course with MDC-T over land invasions

Nov 19, http://www.thezimbabwean.co.uk/news/zimbabwe/62236/mutinhiri-on-collision-course-with.html

In an exclusive interview with The Zimbabwean, Mutinhiri did not mince her words about her support for the fast track land redistribution programme launched by President Robert Mugabe in 2000.

Zimbabwe: PM Threatens Another Land Revolution

Nov 19, http://allafrica.com/stories/201211170047.html

Buhera - MDC-T leader Mr Morgan Tsvangirai has threatened another land revolution unless Government revises the current land tenure system that distributed land from a few white farmers to hundreds of thousands of black families.

Zimbabwe: Zanu-PF Admits Millions Owed to Displaced Farmers

Dec 11, http://allafrica.com/stories/201212110335.html

"The agreements require that Government pays fair compensation in currency of former owner's choice for both land and improvements for acquired BIPPA farms. In this regard, Government has an outstanding payment of 16 million Euros awarded to Dutch farmers," the report states.

Zimbabwe: Zanu-PF Ministers Demand $10m Bribe

Dec 14, http://allafrica.com/stories/201212141104.html

PRESIDENT Robert Mugabe is reportedly fuming after former South African president Thabo Mbeki told him and provided evidence senior Zanu PF ministers had demanded a US$10 million bribe to facilitate a US$1 billion investment by African National Congress (ANC)-linked investors.

Events

2024

April 2024

  • CIArb Virtual Diploma in International Maritime Arbitration (Booking deadline: 31 January 2024)
    With maritime arbitrations on the rise, build your knowledge now! The scale, diverse range and complexity of maritime arbitrations coupled with an increase in arbitral systems means that it is essential to have the right knowledge and skills to navigate this field. Ciarb’s highly popular Virtual Diploma in International Maritime Arbitration will provide you with this and more! Join international dispute resolution specialist George Lambrou FCIArb for this Diploma, delivered virtually from 3 April 2024 to 26 June 2024, on Wednesdays for two and a half hours.
    3 April 2024 - 26 June 2024. Online,
    More information is available at the organisers website

May 2024

  • Pakistan International Disputes Weekend (PIDW)
    South Asia's premiere legal conference for 'reviewing, reflecting and reviving' the landscape for dispute resolution. The conference is organized annually in Pakistan by international construction law firm MK Consultus. Bringing together international dispute resolution experts, government representatives, serving members of Pakistan's judiciary, Legal 500 firms, international ADR Centres and global masters of the trade in South Asia's emerging economic corridor, PIDW has revitalized the ADR sector in Pakistan, contributing significantly to the discourse regarding reform.
    11 May 2024 - 12 May 2024. Karachi, Pakistan,
    More information is available at the organisers website
  • 4th Edition Executive Course on International Arbitration - King's College London (Application deadline: 03 May 2024)
    [Application deadline: 03 May 2024] Join leading global arbitration experts for King’s College London’s Executive Course on International Arbitration, online, starting on 17 May 2024. Develop your skills and grow your network with this CPD accredited course. Learn the key elements of practice, from drafting effective arbitation agreements to enforcing arbitral awards around the globe.
    17 May 2024 - 21 June 2024. Online; Fridays (11:30 - 15:00 BST) over 6 weeks,
    More information is available at the organisers website
  • Dispute Resolution in M&A Transactions - 7th edition
    International Conference for Promoting Arbitration - The biggest M&A conference in the region, a truly unique event. Who should attend: * Arbitrators; * Attorneys; * In-house counsel; * M&A legal and business advisors. More information about the program and topics to be announced, in the meantime, visit the conference website to see the archives of the 6th (2022) and 5th (2019) editions of the conference.
    23 May 2024 - 24 May 2024. Warsaw, Poland,
    More information is available at the organisers website
  • International Arbitration Summer Institute - Center on International Commercial Arbitration (AU WCL)
    Taught by leading practitioners and arbitrators from around the world, the International Arbitration Summer Institute is an intense three-week certificate program that addresses foundational and practical aspects of international commercial arbitration. Networking activities such as special lectures, coffee hours, luncheons, and site visits to D.C. law firms and institutions provide participants with ample opportunities to network beyond the classroom setting. This Summer Institute is one of the annual events hosted by the Center on Int'l Commercial Arbitration. The Center is directed by Horacio A. Grigera Naón, a renowned independent international arbitrator and former secretary general of the Int'l Court of Arbitration of the Int'l Chamber of Commerce. The rest of the faculty of this Summer Institute is also very prominent. Participants may opt to stay in the American University dormitory at Cassell Hall.
    28 May 2024 - 13 June 2024. Washington, D.C.,
    More information is available at the organisers website

June 2024

  • Baltic Arbitration Days (13th edition)
    The Baltic Arbitration Days is an international forum for arbitration practitioners and academics, which takes place every June in Riga and Jurmala. During two days of lectures and social functions, we discuss current issues of international commercial and investment arbitration. While Central- and Eastern Europe remains the focus of the conference, different guest countries or regions are designated each year, hosting speakers and participants from around the world. Topics: * Investigations & Enforcement; * Investment Arbitration Update; * Climate & Energy & Construction Arbitration; * Legaltech & IT in Arbitration.
    2 June 2024 - 3 June 2024. Riga and Jurmala,
    More information is available at the organisers website
  • CanArbWeek 2024
    TOPICS: * ADRIC - Awards: Law and Practice; * SIAC - Demystifying the Scrutiny Process; * CPR Canada - In-House Counsel Wishlist: Dispute Boards; * CIArb Canada - Debate Series: Vavilov, Value, Venue; * Ciarb Canada Award for Distinguished Service; * ICC Canada - Navigating the Grey: Conflicts of Interest; * VanIAC - Ask us Anything: from Appointment to PO1; * WCCAS - Arbitrating Your Way to a Speedier Trial; * ICDR Canada - Debate on Proposed Rules Changes; * YCAP - Costs Report: DOs and DON’Ts in Cost Awards; * TCAS - Exploring the Psychology of Arbitration; * and more... Gala Welcome Reception (2 June 2024); Early Bird Tickets Until 1 May 2024.
    3 June 2024 - 4 June 2024. Toronto, Canada,
    More information is available at the organisers website
  • Critical Developments in International Arbitration - 5th edition of the Bucharest Arbitration Days
    The theme of the BArD 2024 brings to our attention the recurrent concern with the legitimacy of international arbitration, as a suitable dispute resolution mechanism for commercial disputes. The 2021 Queen Mary University of London and White & Case Survey has highlighted the evolving nature of international arbitration, adapting to the challenges posed, among others by diversity, technology, environmental considerations and information security. BArD 2024 will discuss ethics and conflicts in int'l arbitration; the evolving relationship between arbitration and courts; the diversity in arbitration from the perspective of diversity of seats and arbitration institutions; the ongoing discussion on evidence and the impact of technology on it. With a focus on disputes involving foreign investments, BArD 2024 will tackle the critical issue of the regulatory space of States, in particular in the context of the transition to a clean energy and int'l commitments on climate change.
    6 June 2024 - 7 June 2024. Bucharest, Romania; Virtual,
    More information is available at the organisers website
  • I Investment Forum
    This event aims to bring together key stakeholders (government officials, business leaders, legal professionals, and foreign investors) on a single platform to highlight significant legal aspects influencing business and investments in Ukraine. It includes an in-depth analysis of Ukraine's investment climate, dispelling common myths about conducting business in our country, preparing Ukrainian businesses for European Union integration, and focusing on recent legal improvements in sectors such as agriculture, extractive industries, energy, and defense. Identifying existing legal issues and presenting practical solutions is also a key focus.
    6 June 2024 - 7 June 2024. Kyiv, Ukraine; Online (Zoom),
    More information is available at the organisers website
  • Arbitration and State: A Complex Symbiosis - XVIII International Congres CEIA
    Topics: * Presentation of the Report on the Inclusion of Disability in Arbitration (CEIA - CINDA); * The work of UNCITRAL Group III; * State and anti-process measures in arbitration; * State responsability for the denial of recognition and execution of arbitration agreements and awards; * The State as a police against corruption in arbitration; * LATAM 360°: Administrative activity as the object of the arbitration disputes; * Arbitration as a mechanism for resolving conflicts between States; * The cases of the year: procedural situations when the State is a party. The conference will have Spanish-English simultaneous translation.
    9 June 2024 - 11 June 2024. Madrid, Spain,
    More information is available at the organisers website
  • Italian Arbitration Day: The Geography of International Arbitration
    The Italian Association for Arbitration and the Milan Chamber of Arbitration, with the support of several national and international organizations, join forces to organize the third Italian Arbitration Day ("IAD"). The IAD will explore the geography of arbitration, navigating the routes of international arbitration, exploring methods and characters of its actors. Stellar international practitioners will discuss the ever-changing map of international arbitration. Participants will be able to contribute ideas, experiences and anecdotes. PROGRAM: * KEYNOTE SPEECH: Lucio Caracciolo - Arbitration and Geopolitics: A Way to De-escalate International Crises? * Panel I - Quo Vadis International Arbitration? Of Parties, Arbitrators and Arbitral Institutions + Reverse Debate * A View from Our Partners: Unidroit * Panel II - International Conflicts and Economic Sanctions: What Role for International Arbitration? + Reverse Debate
    13 June 2024. Rome, Italy,
    More information is available at the organisers website
  • Arbitration Academy 2024
    Applications for the 2024 session of the International Academy for Arbitration Law will be opened soon. The Arbitration Academy is designed to provide advanced courses in arbitration law to students, government officials and practitioners who have already a general knowledge of arbitration law. The Academy provides advanced Summer Courses in Paris to students and young practitioners interested in international arbitration. The Curriculum is conceived by international arbitration academics and practitioners to cover all aspects of international arbitration, and the Courses are taught by the most renowned experts in the fields of international commercial arbitration and investment treaty arbitration. A great opportunity to attend high-level courses and seminars on International Arbitration, and to learn from world-renowned professors and practitioners - don't miss out!
    17 June 2024 - 4 July 2024. Paris, France,
    More information is available at the organisers website or contact
  • El arbitraje internacional en materia de construcción (AU WCL)
    El arbitraje comercial internacional constituye el mecanismo preferido para la solución de disputas en el mundo de los negocios. Un área en que el arbitraje internacional tiene frecuente aplicación es en disputas que emergen de proyectos de construcción. En América Latina el arbitraje de construcción también ha comenzado a ser muy relevante. Esta evolución ha generado una extensa demanda de profesionales altamente formados y especializados en esta materia. Por esto el Centro de Arbitraje Comercial Internacional de la AUWCL trabaja junto con la Comisión Interamericana de Arbitraje Comercial (CIAC) para ofrecer este Seminario Práctico en arbitraje de construcción en junio y julio de 2024. Este Seminario Práctico permite experimentar el desarrollo de un proceso arbitral en materia de construcción desde los inicios de la disputa y su tratamiento por la junta de resolución de disputas, pasando por la notificación de arbitraje, la práctica de la prueba, hasta la adopción del laudo. ...
    17 June 2024 - 12 July 2024. Washington, D.C.,
    More information is available at the organisers website
  • London Summer Arbitration School (Application deadline 20 April 2024)
    The London Summer Arbitration School will feature an interactive five-day programme introducing participants not only to commercial arbitration, but also to less well-known types of arbitration such as maritime, construction and commodities arbitration. The participants will also engage in discussion of related career and business development opportunities with practitioners and representatives of institutions. Topics: * ad hoc arbitration; * maritime arbitration; * construction arbitration; * commodities arbitration; * commercial arbitration; * ethics in international arbitration; * banking & finance arbitration; * climate change arbitration; * outer space arbitration; * investor-state arbitration; * relationship between arbitral tribunals and domestic courts. It will also be possible to attend the school in the online format. Registration deadline: 20 April 2024.
    17 June 2024 - 21 June 2024. Online; London, United Kingdom,
    More information is available at the organisers website

July 2024

  • Brunel Law School Summer Program on International Arbitration
    This Programme will cover "International Commercial Arbitration" (ICA) and "Investment Treaty Arbitration" (ITA) and will include esteemed arbitration scholars and practitioners such as Professor Kaj Hobér, Dr Kabir Duggal, Sir Bernard Rix, Dr Ylli Dautaj and others. ICA is essentially a private resolution forum between private parties (or States acting in a private capacity, jure gestionis), where the subject-matter of the dispute often stems from a "commercial" contract or undertaking of some sort. When studying ICA, we will largely focus on the process of arbitration and not on the subject matter. ITA, on the other hand, is a form of arbitration between foreign investors and host States regarding foreign direct investment (FDI). The subject-matter is arbitrated under public international law, more specifically international investment law. 10% early bird discount if booked by 30th April 2024.
    8 July 2024 - 13 July 2024. London, UK,
    More information is available at the organisers website
  • Brunel Law School Summer Program on International Arbitration
    This Programme will cover "Int'l Commercial Arbitration" (ICA) and "Investment Treaty Arbitration" (ITA) and will include esteemed arbitration scholars and practitioners such as Professor Kaj Hobér, Dr Kabir Duggal, Sir Bernard Rix, Dr Ylli Dautaj and others.ICA is essentially a private resolution forum between private parties (or States acting in a private capacity, jure gestionis), where the subject-matter of the dispute often stems from a "commercial" contract or undertaking of some sort. When studying ICA, we will largely focus on the process of arbitration and not on the subject matter. ITA, on the other hand, is a form of arbitration between foreign investors and host States regarding foreign direct investment (FDI). The subject-matter is arbitrated under public int'l law, more specifically international investment law. Int'l investment law is a sub-specie of int'l economic law. Upon conclusion of the Summer Programme, all participants shall receive a Certificate of Attendance.
    8 July 2024 - 13 July 2024. London, UK,
    More information is available at the organisers website

October 2024

  • International Law Weekend 2024 - Powerless law or law for the powerless? (Call for Panel Proposals deadline 15 April 2024)
    International law faces an existential threat as history unfolds at unprecedented speed worldwide. Indeed, international law and international institutions at times appear incapable of protecting vulnerable persons against war, disease, hunger, exploitation, climate change, and other human and natural catastrophes. Some people-both individually and collectively-are openly eschewing legal values and frameworks in order to pursue results through other means, including dangerous and destabilizing ones. Is international law, in fact, powerless or does it remain a source of power that vulnerable persons can utilize to protect and advance their rights and interests? This year's ILW is focused on engaged, interactive, and inclusive discussions about how international law can transcend perceptions and misperceptions of its powerlessness and fulfill its aspirations of balancing power through principles of justice, equality, and dignity. Call for Panel Proposals deadline 15 April 2024.
    24 October 2024 - 26 October 2024. New York City, USA,
    More information is available at the organisers website

Note: a list of prior events can be found here.

JOBS / MOVES

Abraham Vergis (Former Drew & Napier Director) Sets Up International Arbitration & Litigation Firm in Singapore

Jan 02, http://www.providencelawasia.com/

Mr. Abraham Vergis, former Director at Drew & Napier LLC, has set up Providence Law Asia LLC, a boutique law practice specializing in international arbitration and litigation in Singapore.

ICC appoints James Bacchus as new chair of Commission on Trade and Investment Policy

Dec 24, http://www.iccwbo.org/News/Articles/2012/ICC-appoints-new-chair-of-Commission-on-Trade-and-Investment-Policy/

The International Chamber of Commerce (ICC) is pleased to announce the appointment of James Bacchus as Chair of the ICC Commission on Trade and Investment Policy. Mr Bacchus served as a founding member and Chairman of the Appellate Body of the World Trade Organization (WTO).

Ulf Franke new Chairman at the SCC

Dec 17, http://www.sccinstitute.com/?id=23696&newsid=44723

Ulf Franke has been appointed Chairman of the Board of the SCC, as of 1 January 2013. Ulf Franke was Secretary General at the SCC between 1975 and 2010. After leaving this role, Mr Franke has been acting as an independent arbitrator.

Mr Craig Pudig appointed to Australia's peak arbitration body

Dec 13, http://acica.org.au/assets/media/ACICACraigPudigAppointmentMediaRelease-doc.pdf

The Macquarie Group's Head of Litigation, Mr Craig Pudig, has been appointed to the board of the Australian Centre for International Commercial Arbitration (ACICA) in a bid to strengthen Australia's position in cross border dispute resolution in the global financial sector.

EC Harris appoints chief MENA dispute arbitrator

Nov 21, http://www.constructionweekonline.com/article-19621-ec-harris-appoints-chief-mena-dispute-arbitrator/

EC Harris has appointed Edward McCluskey as the new head of Alternative Dispute Resolution in its Contract Solutions team for the Middle East and North Africa region.

ICSID

New: Weather Investments II S.à r.l. v. People's Democratic Republic of Algeria (ICSID Case No. ARB/12/35)

Telecommunications enterprise, Registered November 15. Party Representatives: Claimant(s) - Freshfields Bruckhaus Deringer, London, U.K.; Respondent(s) - Shearman & Sterling, Paris, France Pending: Tribunal not yet constituted.

New: Planet Mining Pty Ltd v #Indonesia (ICSID ARB/12/40)

Coal mining project, Registered December 26. Tribunal not yet constituted.

New: Georg Gavrilovic and Gavrilovic v #Croatia (ICSID ARB/12/39)

Food products enterprise, Dec 21. Tribunal not yet constituted.

New: Repsol and Repsol Butano v #Argentina (ICSID ARB/12/38) Oil production enterprise.

Reg. Dec 18, tribunal not yet constituted

Award: Elsamex, S.A. v. Republic of Honduras (ICSID Case No. ARB/09/4)

Highway construction project, Registered April 15, 2009. Sole Arbitrator: Enrique GÓMEZ-PINZÓN (Colombian) Outcome of Proceeding: Award rendered on November 16, 2012.

M. Meerapfel Söhne v Central African Republic (ICSID ARB/07/10)

M. Meerapfel Söhne v Central African Republic (ICSID ARB/07/10) Excerpts of Award - 12 May 2011

Patrick Mitchell v #Congo (ICSID ARB/99/7)

Patrick Mitchell v #Congo (ICSID ARB/99/7) - Excerpts of Award, Dissenting Opinion Yawovi Agboyibo 4 Feb 2004

... See @ogeltdm for further updates...