issue #03, week 12. 20 March 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:

New Patent Dispute Protocol from CPR Institute

Feb 16, http://cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/777/Report-of-the-CPR-Patent-Mediation-Task-Force-Effective-Practices-Protocol.aspx

CPR's Patent Mediation Task Force released its Effective Practices Protocol today endorsing the use of alternative dispute resolution (ADR) in patent disputes, an area in which the cost of litigation expenses have become astronomical.

Singapore International Arbitration Centre Handled $3.61b Worth Of New Cases Last Year

Feb 20, http://www.singaporenews.net/index.php/sid/212674758/scat/a677a0718b69db72

The Singapore International Arbitration Centre (SIAC) achieved a record-high figure of S$3.61 billion in the total sum of new cases arbitrated last year, and also handled a record number of new cases.

The EU-Canada Comprehensive Economic and Trade Agreement (CETA): brief update on a winter of discontent (Armand de Mestral)

Mar 03, http://europaeuslaw.blogspot.nl/2013/03/the-eu-canada-comprehensive-economic.html

Network member Armand de Mestral (McGill) has passed on this brief update on the CETA negotiations. It outlines a number of issues that have emerged which should be of particular interest to the broader transatlantic legal community given the renewed attention in the US to a trade agreement with the EU. Thanks Armand for the contribution.

PCA: Speech on the Role of the PCA Today

Mar 06, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=353&pag_id=1261

On February 12, 2013, PCA Secretary-General Hugo Siblesz addressed the American Society of International Law on the occasion of the launch of the Howard M. Holtzmann Research Center for the Study of International Arbitration and Conciliation. This event was held at the headquarters of the American Society at Tillar House in Washington, DC. The Secretary-General's remarks were followed by comments from Judge Stephen M. Schwebel.

The Chartered Institute of Arbitrators expands its activities in Brazil - CIArb

Mar 18, http://www.ciarb.org/news/ciarb-news/the-chartered-institute-of-arbitrators-expands-its-activities-into-brazil.php

The Chartered Institute of Arbitrators is pleased to announce the first ever International Arbitration Workshops and Award Writing Examination to be held in Sao Paulo, Brazil in cooperation with the Committee for Brazilian Arbitration (CBAr) and the Committee for Arbitration and Mediation of the Brazil-Canada Chamber of Commerce (CAM-CCBC).

The PCA's arbitration week in Cambodia

Mar 15, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=354&pag_id=1261

On 21-25 January the Permanent Court of Arbitration held its first arbitration week in Phnom Penh, Cambodia. Cambodian Secretary of State His Excellency Prom opened the PCA's arbitration week at the Ministry of Justice. Several representatives of the Cambodian government, the newly appointed board members of the National Arbitration Centre of Cambodia, local arbitration practitioners and scholars attended the opening ceremony.

UNCTAD Launches the Ninth Investment Policy Monitor [pdf]

Mar 13, http://investmentpolicyhub.unctad.org/Upload/Documents/IPM9.pdf

The report highlights a surge in new investment restrictions and regulations in the reviewed period, with the share of such measures reaching a new height. At the same time, investment liberalization and promotion remains the dominant trend in national investment policies.

The SCC in numbers - Statistics 2012

Feb 05, http://www.sccinstitute.com/?id=23696&newsid=44876

In 2012 parties brought 177 new cases. Of these 177 cases, 56% (99 cases) were cases administered under the SCC Rules. Parties also commenced emergency arbitrator proceedings (2), expedited arbitrations (63) and mediations (3) under the SCC Rules, and requested SCC administrative services in appointing experts (2), and SCC services in ad hoc (5) and UNCITRAL Arbitrations (3).

ICC Institute Prize 2013

Mar 18, http://www.iccwbo.org/training-and-events/competitions-and-awards/institute-of-world-business-law/

The ICC Prize is open to:

Closing date for entries for the 2013 edition: 1 April 2013. Proving the interest of practicing lawyers in the promotion of research on international commercial law, law firms and legal departments have sponsored the two first editions of the Prize: BNP Paribas (France), Bonelli Erede Pappalardo (Italy), Bredin Prat (France), Erden & Erden (Turkey), Hengeler Mueller (Germany), L.O. Baptista (Brazil), Slaughter & May (United Kingdom) and Uria Menendez (Spain).

SCC Practice on Prima Facie decisions on jurisdiction

Feb 11, http://www.sccinstitute.com/?id=23696&newsid=45023

For a dispute to be administered by the SCC, it is essential that the SCC does not manifestly lack jurisdiction over the dispute, as stated in Article 10(i) of the SCC Rules.

The SCC Board decides prima facie on jurisdiction in disputes brought before the SCC.

This new report describes SCC practice between 2010-2012 on prima facie decisions on jurisdiction. . The paper is written by former SCC intern, Felipe Mutis Tellez. and includes more than 45 cases

Download: http://www.sccinstitute.com/filearchive/4/45022/Felipe%20Mutis%20Tellez_Paper%20on%20SCC%20Challenges%20on%20Jurisdiction.pdf

SCC Survey: UNCITRAL Notes on Organizing Arbitral Proceedings

Feb 22, http://www.sccinstitute.com/?id=23696&newsid=45161

The UNCITRAL Secretariat is currently undertaking a survey on the use of the UNCITRAL Notes on Organizing Arbitral Proceedings. The results of the survey will be discussed at the UNCITRAL/VIAC/YAAP Joint Conference in Vienna on 21-22 March 2013.

EFTA and Albania discuss implementation of new free trade agreement

Feb 08, http://www.efta.int/free-trade/free-trade-news/2013-02-5-efta-albania-sub-and-jc.aspx

The Joint Committee established under the free trade agreement between the EFTA States and Albania held its first meeting on 5 February 2013 in Tirana.

The EFTA-Albania Free Trade Agreement has been in force for all Parties since October 2011. The Joint Committee took stock of this initial period, noting with satisfaction the smooth implementation of the agreement and positive trends in bilateral trade. Among other issues discussed, delegations addressed a possible extension of the agreement to provisions on trade and sustainable development. A meeting of the Sub-Committee on Customs and Origin Matters preceded the Joint Committee.

The EFTA team was led by Martin Zbinden, Head of the Free Trade Agreements/EFTA Division in the Swiss State Secretariat for Economic Affairs, while Director Pranvera Kastrati, from the Ministry of Economy, Trade and Energy, headed the Albanian delegation.

Total bilateral merchandise trade between the EFTA States and Albania amounted to USD 49 million in 2011. EFTA-based companies are also significant investors in Albania, notably in the energy sector.

EFTA and Indonesia hold sixth round of negotiations - EFTA

Mar 11, http://www.efta.int/free-trade/free-trade-news/2013-03-11-efta-indonesia-6th-rnd-free-trade-negotiations.aspx

Following a series of expert meetings during the last quarter of 2012, the EFTA States and Indonesia convened again for a full round of negotiations on a "Comprehensive Economic Partnership Agreement" from 5 to 8 March 2013 in Lugano, Switzerland.

The round allowed expert working groups and heads of delegation to discuss most areas of the draft agreement and to make significant progress on substantive and technical issues as well as technical cooperation and capacity building.

In addition to a detailed schedule of follow-up work, delegations agreed to hold the next round of negotiations in May 2013. EFTA's negotiating team was led by Ambassador Heinz Walker-Nederkoorn from Switzerland, while Ambassador Soemadi DM Brotodiningrat once again headed the Indonesian delegation.

Two-way merchandise trade between the two sides amounted to USD 1.06 billion in 2012. EFTA's main export categories to Indonesia are machinery and pharmaceuticals, while Indonesia primarily exports footwear, electrical machinery and apparel to the EFTA markets. Investors from the EFTA States have a significant presence in Indonesia.

EFTA proceeds in Central America negotiations

Feb 15, http://www.efta.int/free-trade/free-trade-news/2013-02-15-efta-central-america-6th-rnd-fta-negotiations.aspx

During a sixth round in the framework of free trade negotiations with Central American States held from 12 to 15 February 2013 in Geneva, the EFTA States focused on outstanding issues with Guatemala.

The EFTA-Central America negotiations were launched in February 2012 and substantially concluded, after five rounds, with Costa Rica and Panama in December. During the sixth round, the EFTA States and Guatemala made further progress in the areas of trade in goods and services, narrowing down the scope of outstanding issues between the two sides.

The spokespersons in this round were, for EFTA, Mr Martin Zbinden, Minister and Head of the Free Trade Agreements/EFTA Division in the Swiss State Secretariat for Economic Affairs and, for Guatemala, Vice Minister Maria Luisa Flores.

EFTA pursues free trade talks with Russia, Belarus and Kazakhstan - EFTA

Feb 04, http://www.efta.int/free-trade/free-trade-news/2013-02-04-efta-rubeka-7th-rnd-free-trade-negotiations.aspx

Delegations from the EFTA States and the customs union of Russia, Belarus and Kazakhstan met from 28 to 31 January 2013 in Astana, Kazakhstan, for a seventh round of negotiations on a broad-based free trade agreement.

Covering most areas of the foreseen agreement, the discussions allowed for further clarification and progress to be made, including on market access for goods. Delegations agreed on an extensive work programme in preparation for the next round of negotiations, planned for April, and set out an ambitious schedule of further meetings for 2013.

The EFTA team was headed by Mr Jan Farberg, Director General at the Norwegian Ministry of Trade and Industry, while Mr Maxim Medvedkov, Director of the Department for Trade Negotiations in the Ministry of Economic Development of the Russian Federation, acted as spokesperson for the states of the customs union.

The three countries forming the Russia/Belarus/Kazakhstan customs union are EFTA's sixth largest export destination and fourth largest import source outside the European Union, with two-way merchandise trade worth USD 10.9 billion in 2011, and a significant partner for trade in services and investment.

Energy Charter: Afghanistan About to Become the 54th Member of the Energy Charter Conference

Feb 19, http://www.encharter.org/index.php?id=21&id_article=349&L=0

On 19 February 2013 the government of Afghanistan informed the Energy Charter Secretariat that the country's internal procedures for ratifying the Energy Charter Treaty were successfully completed. The next step is for Afghanistan to deposit its instrument of ratification with the government of Portugal - the depository of the Energy Charter Treaty. The Treaty will enter into force for Afghanistan and the country will become the 54th member of the Charter ninety days after this procedure is completed, in accordance with ECT Article 44(2).

Energy Charter: ESC Secretary General Visits the OSCE

Feb 07, http://www.encharter.org/index.php?id=21&id_article=344&L=0

On 5 February 2013 ECS Secretary General Rusnák met with OSCE Secretary General Lamberto Zannier and Amb. Olga Alayerová, Chair of the OSCE Economic and Environmental Committee. Amb. Rusnák briefed Amb. Zannier and Amb. Alayerová on the latest developments in the consolidation, modernisation and the geographic expansion of the Energy Charter. Possible areas of cooperation between the two organisations and mutual interest actions were also discussed, including a joint event and other concrete projects to be developed in association with OSCE field offices in Central Asia and the Caucasus.

Energy Community cannot help Kyiv settle dispute with Gazprom over $7 billion fine

Mar 07, http://www.kyivpost.com/content/ukraine/energy-community-cannot-help-kyiv-settle-dispute-with-gazprom-over-7-billion-fine-321348.html

While commenting on the recent exchange of statements between Kyiv and Brussels on this issue, Kopac said: "The secretariat is ready to assist Ukraine as a contracting party of the Energy Community in resolving problems as much as we possibly can. Two aspects need to be emphasized in this context: we need to be formally involved by the competent Ukrainian authorities. And we are limited to providing assistance... We're unfortunately not a body with executive, decision-making powers. Not even within the Energy Community and even less so for contractual relations between a contracting party and a third country," he explained.

The director also said that the Energy Community is mostly involved in the introduction of agreed legislation.

Energy Community: Secretariat initiates 5 new dispute settlement cases for the lack of transposition of the Directive on the sulphur content of liquid fuels

Feb 13, http://www.energy-community.org/portal/page/portal/ENC_HOME/NEWS/News_Details?p_new_id=6841

The Energy Community Secretariat, acting under Article 90 of the Treaty, through Opening Letters notes that Albania, Bosnia and Herzegovina, FYR of Macedonia, Serbia and Ukraine have not yet transposed and implemented the requirements of Directive 1999/32/EC. The deadline for the implementation expired at the end of 2011.

Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels aims to reduce emissions of SO2, a substance harmful to human health and the environment, resulting from combustion of heavy fuel oils and gas oils. The Directive sets maximum thresholds for the sulphur content in these fuels of 1 % and 0,1% respectively, and requires frequent sampling and analysis in each Contracting Parties. The Secretariat considers its transposition and application in the Contracting Parties a priority and a token for the Treaty's commitment to improving the environmental situation in the Energy Community.

In its implementation reports, the Secretariat repeatedly underlined that a number of Contracting Parties need to take substantial steps in order to transpose and implement Directive 1999/32/EC. With the present Opening Letters the Secretariat initiated preliminary procedures in accordance with Article 12 of the Rules of Procedure for Dispute Settlement. The purpose of this initial step in the procedure is to give the aforementioned Contracting Parties the possibility to react to the allegation of non-compliance with Energy Community law, and enabling the Secretariat to establish the full factual and legal background of the case. The Contracting Parties have been given the possibility until 12 April 2013 to comply of their own accord with the requirements of the Treaty, or to justify their position.

According to Articles 6 and 16 of the Rules of Procedure for Dispute Settlement, interested parties may be granted access to the case file and may submit written observations on the present case to the Secretariat within one month from 11 February 2013.

All requests for information on this case should be addressed to the Legal Counsel Dirk Buschle, +43 1 535 2222 24.

Energy Community: Secretariat initiates a case on Ukrainian capacity allocation auction rules

Feb 26, http://www.energy-community.org/portal/page/portal/ENC_HOME/NEWS/News_Details?p_new_id=6901

On 26 February 2013, the Energy Community Secretariat sent an Opening Letter to Ukraine in accordance with the Rules of Procedure for Dispute Settlement. The Secretariat, takes the preliminary view that the Auction Rules adopted for the allocation of capacity on the country's electricity interconnectors with its Western neighbours and Moldova, as well as their appliance in practice by the system operator, fails to respect relevant Energy Community rules. Ukraine has been given the possibility until 26 April 2013 to comply of its own accord with the requirements of the Treaty, or to justify its position.

According to the Protocol on accession of Ukraine to the Treaty establishing the Energy Community, Ukraine was under an obligation to implement Regulation (EC) 1228/2003 on conditions for access to the network for cross-border exchanges in electricity and the so-called Congestion Management Guidelines by 1 January 2012. This commitment entails the obligation to transpose this legislation and to apply them to the allocation of cross-border capacity for electricity.

The Secretariat had received two complaints concerning the cross-border capacity allocation organized by the Ukrainian transmission system operator. Upon receiving the complaints, the Secretariat assessed the compliance of the Auction Rules adopted by the regulatory authority. The view that the Secretariat takes in the Opening Letter is that different treatment of electricity imports and exports by distinguishing between different directions of electricity flow and maintaining different procedures for the allocation of capacity in both directions is incompliant with the Energy Community law. In addition, the Secretariat found that the access to interconnectors for electricity exports is limited by maintaining requirements for participation to the auctions that are falling short of respecting the acquis. The Secretariat also took the preliminary view that the procedure for capacity allocation in case of non-congested interconnectors as well as the prohibition of secondary trading encroach upon several provisions and principles of the Energy Community law.

Given the importance of cross-border capacity allocation for the establishment of an internal electricity market as pursued by the Energy Community Treaty, the Secretariat decided to initiate the present proceedings under Article 90 of the Treaty. The purpose of this initial step in the procedure is to give Ukraine the possibility to react to the allegation of non-compliance with Energy Community law, and enabling the Secretariat to establish the full factual and legal background of the case.

According to the Rules of Procedure for Dispute Settlement, interested parties may be granted access to the case file and may submit written observations on the present case to the Secretariat within one month from 26 February 2013.

All requests for information on this case should be addressed to the Legal Counsel Dirk Buschle, +43 1 535 2222 24.

Interview: Building CIETAC's global role

Mar 11, http://www.chinalawandpractice.com/Article/3165182/Interview-Building-CIETACs-global-role.html

Last year CIETAC opened its first Arbitration Centre outside mainland China. David Tring spoke to CIETAC Hong Kong's Secretary General, Wang Wenying, about the role of the new Centre and CIETAC's place in global dispute resolution

CPR AND CMAP Enter Into Historic Agreement To Recognize Respective Pledges Promoting ADR

Mar 01, http://www.cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/779/CPR-AND-CMAP-Enter-Into-Historic-Agreement-To-Recognize-Respective-Pledges-Promoting-ADR-Press.aspx

Today, the International Institute for Conflict Prevention and Resolution (CPR) and the Paris-based Centre de Médiation et d'Arbitrage de Paris (CMAP) entered into a historic Mutual Recognition Agreement to promote their respective ADR pledges as mutually supportive of each other. The purpose of this unique collaboration is to increase alternative dispute resolution (ADR) processes worldwide and to strengthen each organization's efforts to do so through pledges, charters and commitments. In this agreement, CPR and CMAP mutually recognize the CPR Corporate Policy Statement on Alternatives to Litigation, the CPR 21st Century Corporate ADR Pledge and CMAP's The Companies' Charter for Mediation.

Kathy A. Bryan, CPR's President & CEO, and Sophie Henry, CMAP's Secretary General, both underline the benefits of this collaboration: "The purpose of this unique mutual agreement is to magnify the power and reach of our respective pledges. It will serve to expand CPR and CMAP's international reach to benefit their members. Indeed, this unique agreement will result in greater promotion and use of ADR internationally by providing both organizations' users with a more extensive list of signatories to supporting ADR pledges and charters domestically and abroad."

CRCICA: Issued its New Mediation Rules effective as from 1 January 2013

Feb 8, http://www.crcica.org.eg/

CRCICA issued its New Mediation Rules, effective as from 1 January 2013. They are now available in Arabic and English at: http://www.crcica.org.eg/rules/mediation/2013/crcica_mediation_rules_2013.pdf

CEDR Ireland to Sponsor 12th Annual International Law School Mediation Tournament

Mar 04, http://www.cedr.com/news/?409

CEDR Ireland is proud to be the main sponsor of the upcoming 12th Annual International Law School Mediation Tournament which takes place on 12th-15th March, 2013 at Law Society of Ireland, Dublin.

Participation in the tournament continues to increase every year, with teams from the U.S. Canada, Great Britain, Germany and Ireland attending. The tournament provides law students with the opportunity to learn about the various forms and techniques used in mediation, as well as the opportunity to practice their mediation skills in friendly competition with other students from around the world.

ASA Advocacy Prize

Mar 05, http://www.arbitration-ch.org/pages/en/asa/asa-advocacy-prize/index.html

The prize seeks to recognise counsel who, through their exceptional talents in advocacy, significantly contribute to the promotion of effective resolution of international commercial disputes through arbitration.

CIArb Singapore Young Members 2013 Essay Competition

Mar 18, http://singaporeinternationalarbitration.com/2013/03/18/ciarb-singapore-young-members-2013-essay-competition/

We are pleased to inform our readers that Chartered Institute of Arbitrators (CIArb) Singapore and Thirty Nine Essex Street are jointly organising the CIArb Singapore Young Members 2013 Essay Competition.

Closing date for entries is Wednesday, 15 May 2013 at 5pm. More details of the Essay Competition and how you can submit entries can be found here http://singaporeinternationalarbitration.files.wordpress.com/2013/03/ciarb-singapore-essay-competition-2013.pdf

World Bank draws on expertise of Université de Montréal's Cyberjustice Laboratory

Feb 12, http://www.nouvelles.umontreal.ca/udem-news/news/20130211-world-bank-draws-on-expertise-of-universite-de-montreals-cyberjustice-laboratory.html

At the invitation of the World Bank, Université de Montréal's Cyberjustice Laboratory will co-lead a Community of Practice on alternative dispute resolution, with a special focus on computerization, networking and implementation in developing countries. "Establishing a network of mediation centres in countries where state justice systems are no longer able to fulfill their mission would be an example of alternative dispute resolution," explained Valentin Callipel, Project Manager at the Cyberjustice Laboratory. "Think of a post-conflict situation such as that of Afghanistan, a country where the government's influence hardly extends beyond Kabul." Under the auspices of the World Bank's Global Forum on Law, Justice and Development, the Community will consist of several international centres of excellence from North and South countries and will focus on implementing concrete projects in developing countries.

WTO criticizes Russia's tax on imported cars

Feb 20, http://rbth.ru/business/2013/02/20/wto_criticizes_russias_tax_on_imported_cars_23051.html

A "utilization fee" on imported used cars has become the new sticking point in relations between Russia and the World Trade Organization. WTO rules and importers of vehicles demand a revocation of the levy, but manufacturers who have their own plants in Russia are keen to see it stay.

WTO issues panel report on China's anti-dumping duties on EU X-ray scanners

Feb 26, http://www.wto.org/english/news_e/news13_e/425r_e.htm

On 26 February 2013, the WTO issued the dispute panel report in the case "China - Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the European Union" (WT/DS425/R).

WTO: Canada appeals renewable energy dispute panel reports

Feb 5, http://www.wto.org/english/news_e/news13_e/ds412_426apl_06feb13_e.htm

On 5 February 2013, Canada filed a notice of appeal in dispute cases "Canada - Certain Measures Affecting the Renewable Energy Generation Sector", complaint by Japan (WT/DS412/R) and "Canada - Measures Relating to the Feed in Tariff Program", complaint b

WTO: Japan, EU appeal renewable energy panel reports

Feb 11, http://www.wto.org/english/news_e/news13_e/ds412_426xapl_11feb13_e.htm

On 11 February 2013, Japan filed a cross appeal in the dispute involving "Canada - Renewable Energy" (WT/DS412) and the European Union filed a cross appeal in the dispute involving "Canada - Feed-in Tariff Program" (WT/DS426). Canada had earlier appealed these reports on 5 February 2013.

WTO: New reference centre officially opened in Myanmar

Mar 08, http://www.wto.org/english/news_e/news13_e/refc_08mar13_e.htm

On 21 February 2013, a brand new WTO Reference Centre was officially opened in Nay Pyi Taw, Myanmar, by H.E. U Win Mynt, Minister of Commerce of the Union of Myanmar, and Mr. Serafino Marchese, WTO Secretariat.

The WTO Reference Centre is located on the ground floor of the Ministry of Commerce. It is easily accessible to government officials from other Ministries and the public in general. Ms. Nwe Nwe OO, a staff member in the Ministry, has been appointed as the WTO Reference Centre Manager. She will be responsible for the day-to-day operations of the Centre.

Immediately after the official opening, a two-day hands-on training took place in the Assembly Hall of the Ministry of Commerce. Over 60 government officials from several Ministries attended the event and learned how to retrieve and use WTO resources that are available over the Internet.

The objectives set for the training were to empower the participants so that they would learn by doing. At the end, most of them understood what information could be found on the WTO website and were comfortable in using its resources, including the Members' pages, Trade Topics pages, official documents and selected statistical applications such as the Tariff Analysis Online (TAO), the Tariff Download Facility, the recently launched Integrated Trade Intelligence Portal (I-TIP) as well as the summary profiles on trade, tariffs and services by country. The reference centre will also be used as a learning centre where officials from Myanmar could easily have access to distance e-learning facilities provides by the WTO Secretariat.

WTO: Panel established on Viet Nam's complaint against US shrimp measure

Feb 27, http://www.wto.org/english/news_e/news13_e/dsb_18feb13_e.htm

The Dispute Settlement Body, on 27 February 2013, established a panel to examine the dispute "US - Anti-Dumping Measures on Certain Shrimp from Viet Nam". It elected Ambassador Jonathan Fried of Canada as its new chairman.

WTO: Poorest countries' extended intellectual property transition: time-limited or indefinite?

Mar 08, http://www.wto.org/english/news_e/news13_e/trip_05mar13_e.htm

WTO members, meeting on 5-6 March 2013, accepted that the deadline for least developed countries to protect intellectual property generally could be extended beyond the current 1 July 2013 date. But they were still undecided on whether to set a new deadline or leave it until each country "graduates".

WTO: Registration begins for public observation of appeal in renewable energy disputes - 14 and 15 March 2013

Feb 25, http://www.wto.org/english/news_e/news13_e/hear_ds412_426_14mar13_e.htm

At the request of the participants (Canada, Japan, and the European Union) in the disputes "Canada - Certain Measures Affecting the Renewable Energy Generation Sector" and "Canada - Measures Relating to the Feed-in Tariff Program" (WT/DS412 / WT/DS426), the Appellate Body Division hearing the appeal has decided to authorize public observation of the oral hearing on 14 and 15 March 2013 at the WTO.

WTO: Registration begins for public observation of appeal in renewable energy disputes - 14 and 15 March 2013

Feb 25, http://www.wto.org/english/news_e/news13_e/hear_ds412_426_14mar13_e.htm

At the request of the participants (Canada, Japan, and the European Union) in the disputes "Canada - Certain Measures Affecting the Renewable Energy Generation Sector" and "Canada - Measures Relating to the Feed-in Tariff Program" (WT/DS412 / WT/DS426), the Appellate Body Division hearing the appeal has decided to authorize public observation of the oral hearing on 14 and 15 March 2013 at the WTO.

WTO: Tajikistan to become 159th WTO member

Jan 31, http://www.wto.org/english/news_e/news13_e/acc_tjk_31jan13_e.htm

The Working Party on the accession of Tajikistan was established by the General Council on 18 July 2001. Tajikistan completed its membership negotiations on 26 October 2012, when the Working Party adopted the accession package. The General Council approved the accession on 10 December 2012. Tajikistan will become the 159th WTO member on 2 March 2013.

Official statement of Oyu Tolgoi LLC in relation to information, data and facts related to Oyu Tolgoi discussed during open session of the State Great Khural dated 1 February, 2013

Feb 5, http://ot.mn/en/node/3853

During the 1 Feb, 2013 session, many issues were raised that Oyu Tolgoi has previously addressed through numerous meetings with government and ministry officials and staff. The fact that these issues are still being raised underscores the importance of the company's ongoing efforts to communicate fully with the government and citizens of Mongolia. Oyu Tolgoi is committed to being transparent and open about its operations and actions. This document provides responses to the major issues raised during the session.

"Early settlement" to Eutelsat/SES dispute?

Feb 11, http://advanced-television.com/2013/02/11/early-settlement-to-eutelsatses-dispute/

Eutelsat and Luxembourg-based SES are involved in a bitter dispute over who owns the 28.5 degrees East orbital slot. On February 8, Eutelsat's CEO Michel de Rosen declined to add any sort of update to the problem other than to remind analysts that the dispute was now before the International Chamber of Commerce.

Achmea undertakes legal steps against Slovak Republic

Feb 06, http://www.achmea.com/press-releases/achmea-undertakes-legal-steps-against-slovak-republic

Today Dutch insurer Achmea gave a Notice of Arbitration to the government of the Slovak Republic. The notice opens a new arbitration procedure between Achmea and the Slovak Republic with regard to the plans of the Slovak government to expropriate private health insurers. The notice is given pursuant to art. 3 of the United Nations Commission on International Trade Law Arbitration Rules of 1976 and art. 8 of the Investment Treaty between the Kingdom of The Netherlands and the Slovak Republic.

Achmea starts the arbitration in response to the Slovak Republic's decision to seek to expropriate Achmea's investment in Union zdravotna poistovna (UZP). Achmea wishes to retain its investment in UZP and maintains that the expropriation contemplated is not in the public interest, that it is not taken under due process of law and that it is discriminatory. Moreover, the manner in which the Slovak Republic intends to proceed in the expropriation process clearly contravenes the Bilateral Investment Treaty (BIT). By commencing this arbitration Achmea seeks to avert the impending expropriation.

Achmea already appointed an arbitrator. The government of Slovakia now has two months to do the same. Together, these two arbitrators will appoint an independent president.

This new arbitration procedure follows shortly after an International Arbitration Tribunal in December 2012 ruled in Achmea's favour and decided that the Slovak Republic must pay compensation for the damages Achmea incurred when its ownership rights of UZP were violated between 2007 and 2011. In addition, the Tribunal ruled that the Slovak Republic must pay Achmea's legal cost in the arbitration procedure. The most striking difference between the two arbitration cases is that whereas the former was instigated after Slovakiatook away a number of ownership rights from Achmea - the owner of private health insurance company UZP - the new one seeks to avert the outright expropriation of UZP.

Albania: Czech power firm CEZ starts arbitration in Albania row

Feb 07, http://www.cez.cz/en/cez-group/media/press-releases/4137.html

Today, CEZ has officially informed the Albanian Government about its intention to initiate international arbitration. The ground is the non-protected investment in the power distribution company of CEZ Shpërndarje. The CEZ Group expects to receive compensation for the damage incurred as the company is entitled to the compensation according to international law.

CEZ derives its entitlement to the compensation based on an agreement made between the Czech Republic and the Albanian Republic to support and mutually protect their investments, and also on the Energy Charter Treaty, which defines international cross-border cooperation in the energy sector, and which both countries have signed.

The CEZ Group entered the Albanian market in May 2009 by acquiring a 76% equity stake in the Albanian power distribution company; the remaining 24% stayed in the hands of the Albanian Government. The value of the initial investment was EUR 102 million, which is about ten times less than other investors paid for acquiring a distribution company in Romania. The Albanian acquisition accounts only for 3.6% of CEZ's foreign investments and for less than a percent (0.7%) of its total investments. The CEZ Group owns significant energy assets in seven foreign countries, and in all of them except for Albania the investments generate or exceed the expected return.

The situation in Albania got more complicated early in 2012 when, due to the drastic drought of last year, KESH, as the Albanian state-owned power producer, had to import power from abroad at much higher prices, which brought it on the verge of bankruptcy; the company would not have survived without receiving aid from the Albanian Government. The local Government tried to resolve the situation early this year with a decision unprecedented in Europe: All costs were placed on the shoulders of the foreign investor, CEZ Shpërndarje. Therefore, as of January 1, 2012, the local regulator ordered that the price charged by KESH to the foreign investor should be 91% higher. Following intensive negotiations, this negative impact could be partially alleviated by the regulator's new decision to reduce the price of input power supplied by the KESH state-owned power plants from 2,830 to 2,200 ALL/MWh, which lowered the year-on-year price growth from 91% to 49%. Furthermore, a study was approved that determined the initial value of bad debt. However, the Albanian tax authority's order imposing a penalty of ALL 4 billion (approx. EUR 28 million) for outstanding taxes and penalties and another ALL 430 million (approx EUR 3 million) for failing to meet the agreed electricity import levels has brought yet another turn in the matter. In early October 2012, the CEZ Group changed the staffing of the Supervisory Board and the Board of Directors of CEZ Shpërndarje, replacing the original personnel with independent experts in order to calm down the heightened style of negotiations. On Friday, November 16, after a series of unsuccessful negotiations with the Albanian party, CEZ Shpërndarje decided to discontinue power supply to all Albanian state-owned waterworks that have in the long run failed to settle their bills for power. However, the Albanian Police began to obstruct the steps needed to disconnect the facilities from power and even arrested six employees of CEZ Shpërndarje based on a crime report filed by the waterworks on the grounds of alleged misuse of authority. On the following day, based on an unprecedented court order, CEZ Shpërndarje was forced to reconnect again all the waterworks and other governmental institutions. On January 21, 2013, the Albanian regulator revoked the relevant license for CEZ Shpërndarje and appointed an administrator who, under the regulator's supervision, has taken over the company's management, including all decision-making powers and responsibility for the company's operations, thus assuming the rights and powers of the corporate statutory bodies.

Barbora Pulpánová, CEZ' Spokesperson

Argentina: 'We'll be running Falklands within 20 years'

Feb 06, http://www.independent.ie/world-news/americas/argentina-well-be-running-falklands-within-20-years-3377577.html

ARGENTINA expects to remove the Falkland Islands from British control within 20 years, the country's foreign minister has said.

Hector Timerman, who is visiting London, said the tide of international opinion was against Britain and pointedly ruled out any need to persuade the islands' 3,000 British citizens of his country's claim on "Las Malvinas".

Australia: Arbitration ban a threat to FTAs - Business Leaders

Mar 06, http://www.theaustralian.com.au/national-affairs/foreign-affairs/arbitration-ban-a-threat-to-ftas/story-fn59nm2j-1226591092553

BUSINESS leaders are warning that the Gillard government's refusal to consider allowing overseas companies unhappy with Canberra to seek arbitration is threatening the loss of markets worth hundreds of millions of dollars.

Bahamas Arbitration Centre plan 'will not succeed' if Immigration Inflexible

Feb 20, http://www.tribune242.com/news/2013/feb/19/arbitration-centre-plan-will-not-succeed-if/?news

The Bahamas' International Arbitration Centre ambitions have "no real prospect of being successful" unless this nation adopts a "smart" Immigration policy that allows parties to bring in their own, foreign attorneys, [Brian Moree, senior partner at McKinney, Bancroft & Hughes,] warned yesterday.

Bahamas forms Arbitration Council

Feb 04, http://www.thenassauguardian.com/index.php?option=com_content&view=article&id=36982:bahamas-forms-arbitration-council&catid=40:business&Itemid=2

The Ministry of Financial Services is creating an arbitration council to help government as it looks to strengthen The Bahamas as one of the top financial centers. Guardian Business understands that the council will consist of nine members, including representatives from the government and private sector.  Financial Services Minister Ryan Pinder said the plan is to target key industries to assist in the establishment of this historical council.

Bangladesh International Arbitration Centre launches training on advanced arbitration

Feb 19, http://newagebd.com/detail.php?date=2013-02-18&nid=40440

Bangladesh International Arbitration Centre and Washington-based International Law Institute launched a training programme on advanced arbitration at a city hotel on Sunday.

Bangladesh: Dhaka submits documents to Permanent Court of Arbitration

Feb 02, http://www.thefinancialexpress-bd.com/index.php?ref=MjBfMDJfMDJfMTNfMV8zXzE1ODg1MA==

Bangladesh has submitted its documents at the Permanent Court of Arbitration in reply to India's demand over their maritime boundary dispute in the Bay, reports UNB.

Barrick Gold Corporation: Reko Diq Arbitration update

Feb 15, http://www.sec.gov/Archives/edgar/data/756894/000119312513062690/d482590dex991.htm

On February 15, 2011, Tethyan Copper Company Pakistan (Private) Limited ("TCCP") (the local operating subsidiary of Tethyan Copper Company ("TCC")) submitted to the Government of the Province of Balochistan (the "GOB") an application for a mining lease in respect of the Reko Diq project in Pakistan. Barrick currently indirectly holds 50% of the shares of TCC, with Antofagasta Plc ("Antofagasta") indirectly holding the other 50%. TCC believes that, under the Chagai Hills Joint Venture Agreement (the "CHEJVA") between TCC and the GOB, as well as under the 2002 Balochistan Mineral Rules, TCCP was legally entitled to the mining lease subject only to "routine" government requirements. On November 15, 2011, the GOB notified TCCP of the rejection of TCCP's application for the mining lease. On November 28, 2011, TCC filed two requests for international arbitration: one against the Government of Pakistan ("GOP") with the International Centre for Settlement of Investment Disputes ("ICSID') asserting breaches of the Bilateral Investment Treaty ("BIT") between Australia (where TCC is incorporated) and Pakistan, and another against the GOB with the International Chamber of Commerce ("ICC"), asserting breaches of the CHEJVA. In December 2012, the ICSID tribunal declined to issue provisional measures to prevent the GOP from disposing of or encumbering any rights TCC may have to the property until the arbitration is concluded, but advised that it expected that neither the GOP nor the GOB would involve third parties nor conduct further work beyond the limited amount the GOP had disclosed, and imposed certain obligations on the GOP to report to the tribunal if its intentions changed. A hearing was held on the same issue before the ICC tribunal, which has not yet issued its decision. The GOP filed jurisdictional objections before ICSID on the grounds that the BIT should not apply, which were not accepted. The GOP and GOB have renewed their objections in light of the Pakistani Constitutional Litigation (below). A merits hearing in the ICSID matter has been scheduled for December 2013, and a merits hearing in the ICC matter is tentatively set for March 2014. Issues related to damages in both proceedings have been bifurcated until after rulings on the merits.

Pakistani Constitutional Litigation

In November 2006, a Constitutional Petition was filed in the High Court of Balochistan by three Pakistani citizens against: Barrick, the GOB and the GOP, the Balochistan Development Authority ("BDA"), TCCP, Antofagasta, Muslim Lakhani and BHP (Pakistan) Pvt Limited ("BHP"). The Petition alleged, among other things, that the entry by the BDA into the 1993 Joint Venture Agreement ("JVA") with BHP to facilitate the exploration of the Reko Diq area and the grant of related exploration licenses were illegal and that the subsequent transfer of the interests of BHP in the JVA and the licenses to TCC was also illegal and should therefore be set aside. In June 2007, the High Court of Balochistan dismissed the Petition against Barrick and the other respondents in its entirety. In August 2007, the petitioners filed a Civil Petition for Leave to Appeal in the Supreme Court of Pakistan. On May 25, 2011, the Supreme Court ruled, among other things, that the GOB should proceed to expeditiously decide TCCP's application for the grant of a mining lease, transparently and fairly in accordance with laws and applicable rules. The Supreme Court also ruled that the petitions before the Court would remain pending.

In early 2012, the Supreme Court resumed hearing various petitions relating to TCC and the Reko Diq project, including applications seeking to have the CHEJVA declared invalid and applications seeking an order staying the ICSID and ICC arbitrations. In January 2013, the Supreme Court ruled that the GOB exceeded its authority in entering into the CHEJVA, and that the contract was invalid. The GOP and the GOB have indicated that they will argue that this ruling deprives the tribunals of jurisdiction, which TCC will oppose vigorously.

Barrick to start mediation effort at Peru mine

Feb 22, http://www.reuters.com/article/2013/02/22/barrick-peru-idUSL1N0BM2QZ20130222

Barrick Gold Corp said it would participate in a mediation effort on Friday at its Lagunas Norte mine in Peru to try to end protests by residents concerned about water supplies.

Boeing sues Sea Launch partners for $350 million

Feb 04, http://www.chicagotribune.com/business/sns-rt-us-boeing-sealaunchbre9130ru-20130204,0,1744191.story

Sea Launch sent its first satellite into space in 1999, but filed for bankruptcy in 2009 because of weaker demand, mounting debt and a failed launch that led to a $53.2 million arbitration award against the company, Boeing said in its complaint.

Bolivia nationalizes Spanish-owned airports operator

Feb 18, http://www.reuters.com/article/2013/02/18/bolivia-abertis-idUSL1N0BI0M820130218

Bolivia will have its own Arbitration Act

Feb 4, http://todosobrearbitraje.wordpress.com/2013/02/04/bolivia-tendra-su-propia-ley-de-arbitraje/

The government of Bolivian President Evo Morales, is engaged in developing a bill arbitration according to the Confederation of Private Businessmen of Bolivia (CEPB). Apparently, the new law will be presented in the next two months. The CEPB, which is considering the draft, hopes the rule will attract foreign investment and improve the domestic investment, since the recent nationalization of various companies left in uncertainty for investors.

Bolivia: Abertis defends its management in Bolivia and expects to reach a compensation agreement with the government in respect of its airports subsidiary SABSA

Feb 19, http://www.abertis.com/news/abertis-defends-its-management-in-bolivia-and-expects-to-reach-a-compensation/var/lang/en/idm/487/idc/4351

Bolivian President: Repsol need not fear expropriation

Feb 21, http://news.co.tt/public_html/article.php?story=20130221130835985

"To the companies that invest, I want to say to them that their investment is guaranteed, and they must also get a return on their investment, they are entitled to profits," Morales said at a press conference at the headquarters of the United Nations in New York.

Morales said he works jointly with companies that are partners and that invest, and he gave Spanish oil company Repsol as an example. He said that at Repsol, Bolivia has "excellent partners." He said the same about France's TOTAL and Brazil's Petrobras.

Brazil Congress overturns Rousseff oil veto, Rio ups ante

Mar 07, http://uk.reuters.com/article/2013/03/07/uk-brazil-oil-royalties-idUKBRE92618G20130307

Reuters - Brazil's Congress overturned a presidential veto on parts of an oil royalty bill on Thursday, setting up a prolonged legal battle with producer states and prompting oil-rich Rio de Janeiro to order the suspension of payments on the state's obligations in protest.

Brazil: Halliburton Company - Barracuda-Caratinga arbitration [pdf]

Feb 11, http://services.corporate-ir.net/SEC/Document.Service?id=P3VybD1hSFIwY0RvdkwyRndhUzUwWlc1cmQybDZZWEprTG1OdmJTOWtiM2R1Ykc5aFpDNXdhSEEvWVdOMGFXOXVQVkJFUmlacGNHRm5aVDA0TnpBM05URXpKbk4xWW5OcFpEMDFOdz09JnR5cGU9MiZmbj1IYWxsaWJ1cnRvbkNvbXBhbnlfMTBLXzIwMTMwMjExLnBkZg==

We agreed to provide indemnification in favor of our former subsidiary, KBR, Inc. (KBR), under the Master Separation Agreement for liabilities KBR may incur after November 20, 2006 as a result of certain allegedly defective subsea flowline bolts installed in connection with the Barracuda-Caratinga project. Prior to that, at the inception of the project, we provided a guarantee to Barracuda & Caratinga Leasing Company BV (BCLC), a subsidiary of our customer, Petrobras, of KBR's obligations with respect to the project. In March 2006, BCLC commenced arbitration against KBR claiming $220 million plus interest for the cost of monitoring and replacing the allegedly defective bolts and all related costs and expenses of the arbitration, including the cost of attorneys' fees. During the third quarter of 2011, an arbitration panel issued an award against KBR in the amount of approximately $201 million, plus post-judgment interest. BCLC filed a motion to confirm, and KBR filed a motion to vacate, the arbitration award with the United States District Court for the Southern District of New York. In December 2012, BCLC sent us a demand for payment of the arbitration award under the terms of our guarantee. In January 2013, the matter was resolved by our payment of $219 million to BCLC under the guarantee. BCLC has agreed that our obligations under the guarantee have been satisfied. See Note 7 for further discussion of the Barracuda-Caratinga matter.

Britannica Wins Suit Against Spanish Publisher

Mar 06, http://www.sacbee.com/2013/03/06/5240038/britannica-wins-suit-against-spanish.html

PRNewswire - The ICC International Court of Arbitration of the International Chamber of Commerce in Paris, France, has handed down a ruling in favor of Encyclopaedia Britannica UK, Ltd. in its contractual dispute with the Spanish publisher Ibercultura Ediciones y Publicaciones SL, a former business partner.

Bulgaria: Bulgarian PM Announces Trip to Russia over Scrapped Belene N-Plant

Feb 20, http://www.novinite.com/view_news.php?id=147983

Borisov and the Russian officials will discuss the consequences of Bulgaria's decision to abandon the Belene nuclear power plant project last year. The Bulgarian Prime Minister told reporters on Tuesday that Bulgaria and Russia should decide the fate of the Russian-made nuclear reactor that was initially intended for Belene without resorting to court proceedings.

Bulgaria: Rosatom to continue with arbitration in Paris

Feb 28, http://www.rbcdaily.ru/industry/562949985937653

Rosatom to continue with arbitration in Paris.

Bulgaria: Rosatom: Bulgaria's Conclusive Suspension of Belene NPP Will Not Affect Arbitration Proceedings

Mar 02, http://www.novinite.com/view_news.php?id=148333

The recent decision of the Bulgarian Parliament for the conclusive termination of the Belene NPP project is unrelated to the proceedings worth EUR 1 B at the Court of Arbitration in Paris initiated by Russia against the National Electric Company (NEK), according to Rosatom Spokesperson Sergey Novikov.

Cambodia launches arbitration body to deal with commercial disputes

Mar 06, http://www.shanghaidaily.com/article/article_xinhua.asp?id=128741

Speaking at the launching ceremony, Minister of Commerce Cham Prasidh said the government is committed to improving and enhancing Cambodia's business environment and investment climate for both domestic and foreign investors.

Canada and India Conclude Seventh Round of Negotiations Toward Comprehensive Economic Partnership Agreement

Feb 06, http://www.international.gc.ca/media_commerce/comm/news-communiques/2013/02/06a.aspx?lang=eng&view=d

Canada-India trade agreement an important part of the Harper government's plan to open new markets and create jobs

The Honourable Ed Fast, Minister of International Trade and Minister for the Asia-Pacific Gateway, today announced the conclusion of the seventh round of negotiations toward a Canada-India comprehensive economic partnership agreement. Negotiations took place in New Delhi on February 5 and 6, 2013.

"Our government is committed to building on our already-strong ties with India to create a partnership that will lead to jobs, growth and long-term prosperity for workers in both our countries," said Minister Fast. "More than a million Canadians of Indian origin is clear proof of how both business and people-to-people ties are helping us deepen the Canada-India relationship."

Negotiations this week were productive and focused mostly on market access and related areas.

A Canada-India joint study concluded that a trade agreement between the two countries could boost Canada's economy by at least $6 billion. That translates to almost 40,000 new jobs across the country, or a $500 boost to the average Canadian family's annual income. Canada has identified core economic opportunities in India in the energy, agriculture, infrastructure and education sectors.

In less than six years, Canada has concluded free trade agreements with nine countries: Colombia, Honduras, Jordan, Panama, Peru and the European Free Trade Association member states of Iceland, Liechtenstein, Norway and Switzerland. In addition to India, Canada is engaged in negotiations with large, dynamic and fast-growing markets, such as the European Union, Japan and the countries that comprise the Trans-Pacific Partnership.

Canada set to announce new trade promotion agreements with Cameroon, Zambia

Mar 04, http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/canada-set-to-announce-new-trade-promotion-agreements-with-cameroon-zambia/article9252402/

Canada will announce agreements on Monday designed to help promote trade with Cameroon and Zambia, home to iron ore and copper and other mineral deposits, attracting the attention of some of the world's largest miners.

Canada: Harper Government Marks Conclusion of Latest Round of Trans-Pacific Partnership Negotiations

Mar 13, http://www.international.gc.ca/media_commerce/comm/news-communiques/2013/03/13a.aspx?lang=eng&view=d

Harper Government Marks Conclusion of Latest Round of Trans-Pacific Partnership Negotiations

Increasing Canadian exports in fast-growing Asia-Pacific markets will create jobs, growth and prosperity for Canadians

March 12, 2013 - The Honourable Ed Fast, Minister of International Trade and Minister for the Asia-Pacific Gateway, today marked the conclusion of the 16th round of the Trans-Pacific Partnership (TPP) negotiations, which took place in Singapore from March 4 to 13, 2013.

"Opening new markets for our exporters in fast-growing Asia-Pacific markets is key to creating new jobs and new sources of economic growth and prosperity for all Canadians," said Minister Fast. "The TPP talks have been enhanced by Canada's participation, and I am pleased that progress was made in Singapore."

Canada formally joined the TPP on October 8, 2012. The TPP is a significant and strategic grouping of advanced and growing economies, which has the potential to become one of the largest trading blocs in the world.

Currently made up of 11 countries-Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam-the TPP represents a market of nearly 658 million people and a combined GDP of $20.7 trillion.

"The TPP offers a tremendous opportunity to expand our partnerships in Asia while reaffirming and invigorating existing relationships in the Americas," said Minister Fast. "Concluding an agreement with our TPP partners that advances Canadian interests is a key part of the most ambitious trade expansion plan our country has ever seen."

In less than six years, the Harper government has concluded trade agreements with nine countries: Colombia, Honduras, Jordan, Panama, Peru, and the European Free Trade Association member states of Iceland, Liechtenstein, Norway and Switzerland. Canada is also engaged in negotiations with large, dynamic and fast-growing markets, including the European Union, India and Japan.

Canada: Invitation to Comment on National Arbitration Rules, ADR Institute of Canada

Feb 15, http://www.adrcanada.ca/resources/news_detail.cfm?announcementId=1170

The National Rules Committee appointed by the Board of Directors of the ADR Institute of Canada will be reviewing the National Arbitration Rules of the ADR Institute of Canada.

The Committee invites comments, suggestions and concerns relating to the National Arbitration Rules from all members of the ADR Institute of Canada.

Please forward your comments to Mary Anne Harnick, Executive Director: executivedirector@adrcanada.ca.

Rules:

http://www.adrcanada.ca/resources/documents/ADRIC_National_Arbitration_Rulesv2008.pdf

Canada: Statement on St Marys VCNA, LLC, Settlement

Mar 08, http://www.international.gc.ca/media_commerce/comm/news-communiques/2013/03/08a.aspx?lang=eng&view=d

Foreign Affairs and International Trade Canada today issued the following statement:

Today, Foreign Affairs and International Trade Canada announced that it accepted the settlement proposal by St Marys VCNA, LLC, in relation to the company's claim under Chapter 11 of NAFTA.

Canada accepted the settlement because St Marys VCNA, LLC, has agreed to irrevocably and permanently withdraw its NAFTA claim against Canada. In doing so, St Marys VCNA, LLC, acknowledges that it lacks and has always lacked standing to bring this claim under NAFTA Chapter 11. Therefore, no payment has been made by the Government of Canada in the settlement of this dispute.

Canada: Windstream seeks arbitration in $475 million NAFTA claim

Feb 28, http://www.thestar.com/business/2013/02/28/windstream_seeks_arbitration_in_475_million_nafta_claim.html

Windstream gave notice of its claim in October, and is now moving to the next stage, which is appointment of an arbitration panel. Each side nominates a member of the panel, and they agree on the third member. ... In is request for arbitration, Windstream describes the offshore wind moratorium as "arbitrary, irrational and discriminatory."

Notice of Arbitration - 28 January 2013:

https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=9248

Notice of Intent - 17 Oktober 2013

https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=8484

Cargill settles NAFTA dispute with Mexico

Feb 21, http://www.reuters.com/article/2013/02/21/us-cargill-mexico-idUSBRE91K1GB20130221

Reuters - Cargill Inc has reached a settlement with Mexico in a dispute that resulted in a $77 million arbitration award for the U.S. agribusiness company, according to court documents filed Thursday.

Cargill Wins Arbitration Case Filed by Alabama Cotton Coop

Feb 07, http://www.businessweek.com/news/2013-02-06/cargill-wins-arbitration-case-filed-by-alabama-cotton-coop

The arbitration committee denied a $27 million claim from the Autauga Quality Cotton Association, which alleged Cargill failed to fulfill its obligations under a December 2010 contract.

Centerra Updates on Kyrgyz Republic Parliamentary Decree and New Environmental Claim for Kumtor Project

Feb 21, http://www.centerragold.com/sites/default/files/news-releases-en/cg-21022013-en.pdf

Toronto, Canada, February 21, 2013: Centerra Gold Inc. (TSX: CG) reports on two matters relating to its Kumtor mine in the Kyrgyz Republic. Further to the Company's news release of February 20, 2013, Centerra understands from Kyrgyz media reports that the Kyrgyz Republic Parliament has adopted a decree (resolution), in respect of the previously reported State Commission report that recommends negotiations with Centerra within the next three months to revise the project agreements signed in 2009 that govern the Kumtor Project (collectively, the "Kumtor Project Agreement"). In addition, Centerra's operating subsidiary in the Kyrgyz Republic, Kumtor Operating Company CJSC received today a claim from the State Agency for Environmental Protection and Forestry under the Government of the Kyrgyz Republic for approximately $315 million relating to alleged environmental damages at the Kumtor Project.

Parliamentary Decree

In connection with its consideration of the report from the Kyrgyz Government State Commission established to inspect and review Kumtor's compliance with Kyrgyz operational and environmental laws and regulations and community standards, Centerra understands that the Kyrgyz Republic Parliament adopted a decree (the "Decree") on February 21, 2013 regarding the Kumtor Project. The Decree recommends that the Kyrgyz Republic Government ensure the continuous operation of the Kumtor mine, and within three months of the date of the Decree, conduct negotiations with Centerra with a view to revising the Kumtor Project Agreements to return to conditions that existed prior to the restructuring of the project in 2003, but subject to the application of current Kyrgyz legislation, and to enter into new agreements on these terms. Centerra expects to continue its discussions with relevant Kyrgyz authorities to, among other things, clarify the meaning of the Decree's recommendations with respect to returning to pre-2003 conditions.

If the parties cannot agree on mutually acceptable terms within such three month time period, the Parliament instructs the Government to take certain actions with respect to the Kumtor Project, including among other things, to:

(i) invalidate the legislation enacted by Parliament in 2009 approving the Kumtor Project Agreements, and to unilaterally terminate the Kumtor Project Agreements;

(ii) invalidate the legislation enacted by Parliament in 2009 amending the Kyrgyz Republic Tax Code (which provides for the tax regime set out in the Kumtor Project Agreements);

(iii) confiscate land plots in connection with the adoption of Government Decree, "On abolition of the Government Decree on allocation of lands to Kumtor Gold Company CJSC dated March 25, 2010", approved by the Government Decree dated July 5, 2012. (This March 25, 2010 Decree granted Kumtor surface rights in relation to the Kumtor Project. See Centerra's news release dated July 6, 2012.); and

(iv) authorize the State Inspectorate Office for Environmental and Technical Safety ("SIETS") to take measures to have Kumtor Operating Company pay fines and other charges for violations of environmental, mining and geological and subsoil legislation. (See Centerra's new release dated December 14, 2012 and February 20, 2013 for information on significant claims received from SIETS on alleged environmental violations for an aggregate total of approximately $152 million.)

In the Decree, the Parliament also requests that the Government develop and submit to the Parliament for consideration certain matters, including the following:

(i) draft amendments to existing legislation or draft new legislation relating to biosphere territories, the protection and preservation of glaciers, and prohibiting the placement of pollutants on glaciers;

(ii) provide for the obligation of Kumtor to develop a technical plan on reclamation of the Kumtor Project in accordance with Kyrgyz legislation and to determine funding for reclamation based on such plan and to enforce this obligation;

(iii) for the entire period of the Kumtor Project, to invoice Kumtor for the use of water and make Kumtor pay for changes in the glacial regime and disposal of waste; and

(iv) when negotiating with Centerra and Kumtor Operating Company, to require that goods and services be purchased for the Kumtor Project in the domestic market.

The Decree instructs the General Prosecutor's Office and the National Security Committee to investigate allegations that Kumtor deliberately understated reserves, including silver and tellurium.

The Decree calls on the Government, General Prosecutor's Office and the National Security Committee to report on the implementation of the instructions set out in the Decree by June 1, 2013.

While Centerra has not yet reviewed an official version of the Decree, it continues to believe that the Kumtor Project Agreements are legal, valid and enforceable obligations. The Kumtor Project Agreements were reviewed and approved by the Kyrgyz Republic Government and the Parliament, and were the subject of a positive decision of the Kyrgyz Republic Constitutional Courts and a legal opinion by the Kyrgyz Republic Ministry of Justice. Furthermore, the Company notes that the Kumtor Project Agreements provide for all disputes to be resolved by international arbitration, if necessary. The Company will continue to hold discussions with the Government and other regulatory officials regarding the State Commission report and the Decree, with the objective of resolving these matters through constructive dialogue. However, there can be no assurances that the Company will be able to successfully resolve any of these matters currently affecting the Kumtor Project. There can also be no assurance that the Kyrgyz Republic Government and/or the Parliament will not take actions that are inconsistent with the Kyrgyz Republic's obligations under the Kumtor Project Agreements or cancel government decrees, orders or licenses under which Kumtor currently operates. Any such actions could have a material adverse impact on the Company's future cash flows, earnings, results of operations and financial conditions. For further information regarding the Kyrgyz Republic State Commission, please see the Company's news release of February 20, 2013.

New Environmental Claim Received by the Kumtor Project

Centerra's operating subsidiary, Kumtor Operating Company CJSC, received today a new claim from the State Agency for Environmental Protection and Forestry under the Government of the Kyrgyz Republic ("SAEF") relating to alleged environmental damages at the Kumtor Project. This claim is in addition to the five environmental claims that Kumtor received in December 2012 for an aggregate amount of $152 million (see the Company's news releases dated December 14, 2012 and February 20, 2013 for information on these five claims). The claim issued by SAEF is for approximately $315 million for alleged damage in relation to waste placed in the tailings management facility, waste rock dumps, and for the generation, management and treatment of other types of wastes. The claim covers the period from 1996 to 2011. Similar to the five claims received by the Kumtor Project in December 2012, the claim by SAEF references the review of the Kumtor Project carried out by the environmental and technical working group of the Kyrgyz Republic State Commission.

The Company is studying the claim but believes that the allegations contained in the claim are exaggerated or without merit. Centerra's Kumtor Project complies with Kyrgyz Republic laws on environmental, safety and health standards. The Kumtor Project has been the subject of systematic audits and investigations over many years by Kyrgyz and international experts. In particular, in August 2012, the Safety, Health and Environment Committee of the Board of Directors of Centerra engaged an independent internationally recognized consultant to carry out a due diligence review of Kumtor's performance on safety, health and environmental matters. The report issued in October 2012 concluded that "no major or materially significant environmental issues were identified" at Kumtor. The review focused on numerous environmental areas, including waste management and environmental management systems. The report can be found on the Kumtor website at http://www.kumtor.kg/en/ under the "Environment" section.

The Company notes that the Kumtor Project Agreements provide a complete listing of all taxes and payments to be made to the Kyrgyz Republic Government, including a fixed environmental charge. Accordingly, no other tax, duties, or other obligations are to be paid to the Kyrgyz Republic, however they may be characterized. Centerra also notes that, as part of the Kumtor Project Agreements signed by Centerra and the Kyrgyz Republic in 2009, the Kyrgyz Republic fully released Kumtor in respect of all prior claims, including in relation to all environmental matters known by or reported to any Kyrgyz authority.

The Company has benefited from a close and constructive dialogue with the Kyrgyz authorities over many years and remains committed to continuing to work with them to resolve these issues in accordance with the Kumtor Project Agreements, which provide for all disputes to be resolved by international arbitration, if necessary. However, no assurances can be given that this claim from SAEF can be resolved without a material impact on the Company. Further claims from Kyrgyz authorities arising from the State Commission review may also be forthcoming. For a discussion on the existing environmental claims issued by Kyrgyz Republic regulatory authorities in December 2012, see the Company's news releases of February 20, 2013 and December 14, 2012.

Central European Media Enterprises Ltd. update on Video International termination

Feb 28, http://www.sec.gov/Archives/edgar/data/925645/000092564513000004/cetv-1231201210k.htm

On March 18, 2009, Video International Company Group, CGSC ("VI"), a Russian legal entity, filed a claim in the London Court of International Arbitration ("LCIA") against our wholly-owned subsidiary CME BV, which was, at the time the claim was filed, the principal holding company of our former Ukrainian operations. The claim relates to the termination of an agreement between VI and CME BV dated November 30, 2006 (the "parent agreement"), which was one of four related contracts by which VI subsidiaries, including LLC Video International-Prioritet ("Prioritet"), supplied advertising and marketing services to Studio 1+1 LLC ("Studio 1+1") and certain affiliates. Following the termination of these agreements on March 24, 2009, Studio 1+1 was required to pay a termination penalty. On June 1, 2009, Studio 1+1 paid UAH 13.5 million (approximately US$ 1.7 million) to Prioritet and set off UAH 7.4 million (approximately US$ 0.9 million) against amounts owing to Studio 1+1 under the advertising and marketing services agreements. In its LCIA claim, VI sought payment of a separate indemnity from CME BV under the parent agreement of US$ 58.5 million. On September 30, 2010, a partial award was issued in the arbitration proceedings, pursuant to which VI's claim for relief in the amount of US$ 58.5 million was dismissed. The partial award does permit VI to bring a subsequent claim against CME BV as parent guarantor in the event that VI establishes that it is entitled to certain additional compensation under the advertising and marketing services agreements with Studio 1+1 and that such compensation is not satisfied by Studio 1+1. On July 13, 2011, Prioritet filed claims against Studio 1+1 in the Commercial Court of Kiev relating to alleged violations of the advertising services agreement and marketing services agreement and sought relief of approximately UAH 201.0 million (approximately US$ 25.0 million). On September 23, 2011, the Commercial Court of Kiev dismissed Prioritet's claims. On November 7, 2011, the Commercial Court of Appeal of Kiev dismissed an appeal by Prioritet of the lower court's decision. On December 13, 2011, the Superior Commercial Court of Ukraine dismissed an appeal of Prioritet following the decision of the appellate court. On June 5, 2012, the Superior Commercial Court of Ukraine denied Prioritet's request to appeal to the Supreme Court of Ukraine. On June 18, 2012, Prioritet filed a claim against Studio 1+1 in the Commercial Court of Kiev that alleges violations of one of the advertising and marketing services agreements and seeks relief of approximately UAH 42.3 million (approximately US$ 5.3 million). On September 7, 2012, the Commercial Court of Kiev dismissed Prioritet's claims. Prioritet appealed this decision on September 17, 2012. On October 31, 2012, the Commercial Court of Kiev dismissed Prioritet's appeal. Prioritet has filed a further appeal. In addition, on September 28, 2012 VI filed a further claim in the LCIA against CME BV, alleging CME BV owes approximately US$ 4.0 million under the partial award as an indemnity payment VI claims Prioritet is owed from Studio 1+1 in connection with the termination of the advertising and marketing services agreements between Studio 1+1 and Prioritet. We do not believe that it is likely that we will be required to make any further payment.

CEZ says receives no official notification on errors in Bulgaria

Mar 17, http://praguemonitor.com/2013/03/18/%C4%8Dez-says-receives-no-official-notification-errors-bulgaria

Prague/Sofia, March 17 (CTK) - Power utility CEZ has not received "any official notification of any errors" yet from the Bulgarian Prosecutor's Office, CEZ said Sunday in reaction to reports of agency AFP that Bulgarian Chief Prosecutor has asked for the revocation of the company's licence.

Chevron Open to Mediation Over $19 B Environmental Damage Fine

Mar 06, http://www.hispanicallyspeakingnews.com/latino-daily-news/details/chevron-open-to-mediation-over-19-billion-environmental-damage-fine/22701/

The oil company has contacted the Ecuadorian government, President Rafael Correa and Foreign Minister Ricardo Patiño so executives can "have a direct discussion with Quito," Chevron Africa and Latin America president Ali Moshiri said in an interview with the Venezuelan daily El Universal.

Chevron: Asset Freeze in Argentina Embargo Threatens YPF Deal

Mar 13, http://www.foxbusiness.com/news/2013/03/13/chevron-asset-freeze-in-argentina-embargo-threatens-ypf-deal/

The YPF agreement could be completed only "if we can get the right conditions in place around that embargo," Chevron Chief Executive John Watson said at an investor conference Tuesday. "We have to be able to access that cash."

China rejects Philippines' arbitral request

Feb 19, http://www.chinadaily.com.cn/china/2013-02/19/content_16238133.htm

BEIJING - The Chinese government has rejected a Philippine move to take their dispute regarding sovereignty issues in the South China Sea to the United Nations for arbitration, a Foreign Ministry spokesman said Tuesday.

China's Truman-Style Resource Quest Tests UN Law and Neighbors

Feb 19, http://www.bloomberg.com/news/2013-02-19/china-s-truman-style-resource-quest-tests-un-law-and-neighbors.html

... China is making a broader claim in its drive for resources in the South China Sea, a move that would reinterpret the UN Convention on the Law of the Sea. Last month the Philippines sought UN arbitration over China's nine-dash map that asserts sovereignty of waters almost 800 miles away.

China: LDK Solar Announces Enforcement of Arbitration Award

Feb 05, http://www.reuters.com/article/2013/02/05/ca-ldk-solar-co-idUSnPnSF54275+160+PRN20130205

PRNewswire - LDK Solar Co., Ltd. ("LDK Solar"; NYSE: LDK), a leading vertically integrated manufacturer of photovoltaic products, today announced that after a long dispute with Italy-based Helios Technology S.p.A., the Venice Court of Appeal declared on January 16, 2013 that, according to the ICC Rules of Arbitration, the 2010 award in favor of LDK Solar is valid, effective and enforceable in Italy.

The Venice Court of Appeal upholds that the "take or pay" clause in the wafer supply contract entered into in October 2008 between LDK Solar and Helios is valid and effective throughout its duration and at terms and conditions related to quantities and prices set forth therein. By virtue of the decision of the Venice Court of Appeal, Helios is required to pay LDK Solar an amount of approximately $31 million plus interest, costs for the arbitration proceedings and lawyers' fees. The Venice Court of Appeal issued the provision after verifying that all the stipulations on the international arbitration are not contrary to Italian legal order and that there are no impediments to the acceptance of the conditions required for the effectiveness of the award itself.

Citi Wins Abu Dhabi Arbitration Challenge

Mar 04, http://online.wsj.com/article/BT-CO-20130304-715029.html

The Abu Dhabi Investment Authority lost its legal challenge to an 2011 arbitration ruling in favor of Citigroup Inc. (C) over the sovereign-wealth fund's investment during the financial crisis.

Colombia: Pacific Rubiales Announces Arbitration Decision Regarding High-Price Provisions in its Quifa Association Contract and Evaluates Next Course of Action

Mar 13, http://www.pacificrubiales.com/2013/598-13032012-pacific-rubiales-announces-arbitration-decision-regarding-high-price-provisions-in-its-quifa-association-contract-and-evaluates-next-course-of-action

Pacific Rubiales Energy Corp. (TSX: PRE; BVC: PREC; BOVESPA: PREB) announced today that a commercial arbitration decision in Colombia has been rendered in connection with its dispute with Ecopetrol, S.A. ("Ecopetrol") regarding the interpretation of the high-prices clause ("PAP") of its Quifa Association Contract. The Company is evaluating the decision as it leaves open several unresolved issues. The Company is also evaluating all of its alternative remedies under Colombian laws and applicable international treaties.

The Company's share of production in the Quifa SW field is 60% before royalties. This participation may decrease when the application of the PAP is triggered. On September 27, 2011, Ecopetrol and the Company agreed on an arbitration process to settle differences in the interpretation of the PAP clause in the Quifa Association Contract and its effect on their share of production.

On March 13, 2013, the arbitration panel delivered its decision interpreting that the PAP formula should be calculated on 100% of the production of the Quifa SW field, instead of simply the Company's 60%.

However, the arbitration panel expressly denied Ecopetrol's demand for an order for Pacific Rubiales to deliver the associated volumes of hydrocarbons as a result of its interpretation of the PAP formula. The arbitration decision is not yet firm nor does it provide enforceable remedies against the Company.

In the event that the interpretation of the PAP formula by the arbitration panel becomes enforceable, the Company would be required to deliver an additional 1,393,252 bbl of oil to Ecopetrol, representing Ecopetrol's additional share in Quifa SW production from April 3, 2011 to December 31, 2012, which in any case would be delivered in kind from future production out of 10% of its daily net share of production of the Quifa SW field (as of today, approximately 2,270 bbl/d over a 20 month period). This additional volume has been recorded as an over-lift on the Company´s consolidated financial statements as at December 31, 2012.

As a result of the above and under prudent accounting practice, a provision has been made in the Company´s 2012 year-end financials to account for cumulative amounts accrued as follows:

Pacific Rubiales, a Canadian company and producer of natural gas and crude oil, owns 100% of Meta Petroleum Corp., which operates the Rubiales, Piriri and Quifa heavy oil fields in the Llanos Basin, and 100% of Pacific Stratus Energy Colombia Corp., which operates the La Creciente natural gas field in the northwestern area of Colombia. Pacific Rubiales has also acquired 100% of PetroMagdalena Energy Corp., which owns light oil assets in Colombia, and 100% of C&C Energia Ltd., which owns light oil assets in the Llanos Basin. In addition, the Company has a diversified portfolio of assets beyond Colombia, which includes producing and exploration assets in Peru, Guatemala, Brazil, Guyana and Papua New Guinea.

The Company's common shares trade on the Toronto Stock Exchange and La Bolsa de Valores de Colombia and as Brazilian Depositary Receipts on Brazil's Bolsa de Valores Mercadorias e Futuros under the ticker symbols PRE, PREC, and PREB, respectively

Colombia: Pacific Rubiales Provides Update On The Quifa Field Arbitration Process

Feb 21, http://www.prnewswire.com/news-releases/pacific-rubiales-provides-update-on-the-quifa-field-arbitration-process-192416481.html

PRNewswire - Pacific Rubiales Energy Corp. announced today an update on the previously disclosed and ongoing arbitration process associated with its operated heavy oil production interests in the Quifa block, south Llanos basin, onshore Colombia.

The Company's share of production before royalties from the Quifa block is 60%; however, this participation decreases once the high-prices clause ("PAP"), which is stipulated in the Quifa Association Contract, is triggered. Ecopetrol S.A., the Colombian National Oil Company, holds the remaining 40% interest in the Quifa block.

On September 27, 2011, Ecopetrol and the Company agreed to commence an arbitration process to settle certain differences in the interpretation of the PAP clause in the Quifa Association Contract and its effect on the production split as between the companies. While the arbitration process runs its course, both companies agreed to apply the formula of the Agencia Nacional de Hidrocarburos ("ANH"). Pacific Rubiales has been recognizing the ANH formula in its financial statements since the third quarter 2011.

The arbitration process is currently ongoing and is not expected to conclude and a decision rendered until next month, contrary to reports currently circulating in national and international news media.

The Company believes that it has strong legal reasoning to support its position in respect to the arbitration process.

Do Russian Arbitration Courts Endorse Aggressive Tax Planning?

Feb 04, http://www.themoscowtimes.com/business/business_for_business/article/do-russian-arbitration-courts-endorse-aggressive-tax-planning/474984.html

In 2012 Russian arbitration courts ruled on several cases that may be considered landmarks in the fight against allegedly abusive tax schemes.

Dow Announces Closure of Proceedings in K-Dow Arbitration - Full Award Totals $2.48 Billion

Mar 04, http://www.fool.com/investing/general/2013/03/04/dow-gets-additional-award-in-arbitration-case.aspx

The International Court of Arbitration of the International Chamber of Commerce (the "ICC") today released the final award amount, representing interest and costs, in the arbitration case between The Dow Chemical Company (NYSE:DOW) and Petrochemical Industries Company of Kuwait (PIC) related to the K-Dow transaction.

The final interest and costs awarded to Dow totals $318 million, as of today, and is in addition to the partial award of $2.16 billion announced last May - resulting in full damages awarded to Dow equal to $2.48 billion. This is the last step in the disciplined arbitration process, bringing the process to a close. Both awards (partial and final) are binding and non-appealable.

"Payment of these damages of nearly $2.5 billion will allow Dow to accelerate its priority uses for cash by further strengthening our balance sheet," said Andrew N. Liveris, Dow's chairman and chief executive officer. "Dow and Kuwait share a long history and strong partnership, and this award ruling brings suitable closure to the arbitration process. The Dow team fully expects, and we are resolved to ensure, that PIC honors its contractual commitments in a timely manner."

The total award amount is subject to continuing interest until Dow receives payment. Counsel for Dow is Shearman & Sterling.

Dow Chemical says still awaiting Kuwait arbitration payout

Feb 28, http://www.cnbc.com/id/100507822

Reuters - Dow Chemical Co said it remains unclear how much in interest and other costs will be added to an expected $2.16 billion arbitration payment from a Kuwaiti firm that scuttled a 2008 joint venture, information that had been expected by Thursday.

EACJ Upholds Dispute Settlement Mechanisms Under Customs Union, Common Market Protocols

Feb 14, http://www.eac.int/index.php?option=com_content&view=article&id=1211:each-upholds-dispute-settlement-mechanisms-under-customs-union-common-market-protocols&catid=146:press-releases&Itemid=194

The EACJ (First Instance Division) delivered a judgment in which the East Africa Law Society had filed a Reference seeking declaratory orders that Article 24 of the Protocol on the Establishment of the EAC Customs Union (which establishes the EAC Trade Remedies Committee to handle matters pertaining to rules of origin, anti-dumping, subsidies and countervailing measures and safeguard measures) and Article 54 of the Protocol on the Establishment of the EAC Common Market (which provides inter alia that national constitutions , laws and administrative procedures, and competent national authorities shall handle disputes under the Common Market) are inconsistent with the Treaty for the Establishment of the East African Community.

In its judgment, the Court stated that it has jurisdiction to interpret disputes arising out of the Customs Union and Common Market protocols since these protocols are annexes and integral parts of the Treaty. The Court however decided that the dispute settlement mechanisms created under the Customs Union Protocol and the Common Market Protocol do not exclude, oust or infringe upon its interpretative jurisdiction and that the impugned provisions (Article 24 of the Customs Union Protocol and Article 54 of the Common Market Protocol) are not in contravention of or in contradiction with the relevant provisions of the Treaty.

The East Africa Law Society was represented by Prof Frederick Ssempebwa, Mr Richard Onsogo and Mr Humphrey Mtuy. The Counsel to the East African Community, Hon Wilbert T.K.Kaahwa represented the Secretary General who was the Respondent in the Reference.

East African Community: Partner States Review Implementation of EAC Common Market Protocol

Feb 15, http://www.eac.int/index.php?option=com_content&view=article&id=1218:partner-states-review-implementation-of-eac-common-market-protocol&catid=146:press-releases&Itemid=194

The East African Community Partner States concluded Friday a five-day review of the implementation status of the EAC Common Market Protocol as at December 2012. The Protocol came into force in July 2010.

Ecuador Expects to End All Investment Treaties by May

Mar 15, http://www.foxbusiness.com/news/2013/03/15/ecuador-expects-to-end-all-investment-treaties-by-may/

QUITO, Ecuador--Ecuador expects to pull out of all its bilateral investment-protection treaties with different countries by May, a lawmaker of the ruling party said Friday.

Ecuador Plans to Audit Bilateral Investment Treaties

Mar 11, http://www.foxbusiness.com/news/2013/03/11/ecuador-plans-to-audit-bilateral-investment-treaties/

QUITO, Ecuador--Ecuador plans to establish a commission to audit bilateral investment treaties and the international system for investment arbitration, President Rafael Correa said over the weekend, after harshly criticizing Chevron Corp. (CVX) and Occidental Petroleum Corp. (OXY).

Ecuador reconoce parcialmente responsabilidad en Caso de ex Magistrados

Feb 05, http://www.pge.gob.ec/es/rotativo/1943-ecuador-reconoce-parcialmente-responsabilidad-en-caso-de-ex-magistrados.html

EN AUDIENCIA CELEBRADA POR LA CORTE IDH EN COSTA RICA

ECUADOR DEFIENDE SU INSTITUCIONALIDAD JURÍDICA Y RECONOCE PARCIALMENTE RESPONSABILIDAD EN EL CASO DE LOS EX MAGISTRADOS DE LA CORTE SUPREMA

Durante el 98° Período Ordinario de Sesiones de la Corte Interamericana de Derechos Humanos (Corte IDH), realizado los días lunes 4 y martes 5 de febrero en la ciudad de San José de Costa Rica, se llevó a cabo la audiencia pública en el caso Quintana Coello vs. Ecuador, proceso iniciado por la cesación de funciones de 27 magistrados de la Corte Suprema de Justicia, registrada en el año 2004.

En la audiencia, el equipo de defensa de la Procuraduría General del Estado señaló que, para precautelar la institucionalidad jurídica de la República, la vigencia de la Constitución y la existencia de una nueva estructura judicial representada por la Corte Nacional de Justicia, presentaba un allanamiento parcial en el que reconoce la responsabilidad internacional del Estado, derivada de la cesación de los magistrados de la Corte Suprema de Justicia, efectuada mediante Resolución del Congreso Nacional, durante la presidencia del ingeniero Lucio Gutiérrez. Estos hechos generaron la afectación de algunos derechos convencionales, entre ellos, las garantías judiciales y la protección judicial.

De otro lado, el Estado defendió el respeto a otros derechos cuya violación fue alegada durante el proceso y demostró que desde el año 2005 se tomaron acciones concretas para restituir el orden jurídico y proteger los derechos de los peticionarios, y subrayó que no solo se han respetado los derechos políticos de los ex magistrados, garantizando su participación en la vida pública del Estado, sino que, desde la vigencia de la Constitución de 2008, se amplió la concepción jurídica de los derechos políticos hacia los denominados derechos de participación ciudadana, que son transversales a todas las normas y actos del Estado.

Cronología del proceso

Ecuador seeks to end investment protection treaty with U.S.

Mar 12, http://www.reuters.com/article/2013/03/12/us-ecuador-us-treaty-idUSBRE92B03920130312?feedType=RSS&feedName=businessNews

Reuters - Ecuador's socialist president Rafael Correa presented a bill on Monday asking lawmakers to annul an investment protection treaty with the United States, which would prevent U.S. companies from filing for arbitration against the Andean country.

Letter from President Correa to the Asamblea Nacional requesting to terminate the Bilateral Investment Treaty with the United States - 8 March 2013 available on TDM https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=9264

Ecuador/Chevron dispute enters a new chapter: Correa calls for Latam support

Feb 26, http://en.mercopress.com/2013/02/26/ecuador-chevron-dispute-enters-a-new-chapter-correa-calls-for-latam-support

President Rafael Correa said he expects the regional groupings Alba and Unasur to meet urgently and address the "legal aberration" committed by a UN trade law arbitrage tribunal against Ecuador in a case involving US multinational Chevron and decades of environmental damages.

Egypt: IFTAA House Sets Up International Commercial Arbitration Center

Feb 19, http://allafrica.com/stories/201302170078.html

Egypt's Iftaa House announced it will set up an international center for commercial arbitration to activate its role in the economic development process and help in settling commercial and administrative disputes.

Outgoing Mufti Dr. Ali Gomaa ordered the establishment of "Iftaa House Center for International Commercial Arbitration" as an independent entity.

El ICAM y SEGIB firman un convenio para impulsar el Centro de Arbitraje Iberoamericano

Mar 04, http://www.icam.es/web3/cache/noticia_portada_20.html

La decana del Colegio de Abogados de Madrid, Sonia Gumpert, acompañada por el diputado de la Junta de Gobierno, Javier Íscar, y el secretario General Iberoamericano (SEGIB), Enrique Iglesias, han firmado un convenio marco de cooperación en el que se acuerda la promoción del Centro de Arbitraje Iberoamericano y fortalecer la colaboración ya existente entre ambas organizaciones.

El acto ha contado con la presencia de Luis Martí Mingarro, presidente de la Unión Iberoamericana de Colegios de Abogados, bajo cuya iniciativa se puso en marcha la creación del Centro.

End of road for Videocon; criminal hearing on Feb 25: Salve

Feb 15, http://www.moneycontrol.com/news/business/endroad-for-videocon-criminal-hearingfeb-25-salve_824925.html

Q: Has international arbitration as a possibility been discussed?

A: Some initiatives in that direction have been taken but while the curative was pending it was hoped that a positive decision would allow them to remain in India. If the prices were sensible, the company may have participated in the auction but it appears that the prices are very high.

So, I don't know whether it will be commercially viable to continue to operate in India at the revised price or wrapping up and going. Though it sounds well initiate BIT (Bilateral Investment Treaty) arbitration, the company's first choice was to do business in India.

Eni Seeks Third Revision to Gazprom Natural Gas Supply Contract - Businessweek

Feb 20, http://www.businessweek.com/news/2013-02-20/eni-seeks-third-revision-to-gazprom-natural-gas-supply-contract

Eni SpA is seeking a third revision of gas supply terms with OAO Gazprom, Russia's export monopoly, after demand declined.

Ethiopia: PetroTrans presents its case to ICC

Feb 23, http://www.thereporterethiopia.com/News/petrotrans-presents-its-case-to-icc.html

PetroTrans, the Chinese oil and gas company, which is in a tug of war with the Ethiopian government in connection to the Calub and Hilala gas fields development project, has filed its complaint to the International Chamber of Commerce (ICC). The Ethiopian Ministry of Mines (MoM) last year terminated the petroleum development agreement it signed with PetroTrans in July of 2011 that enables the latter to develop the natural gas deposits found in the Calub and Hilala localities in the Ogaden basin.

EU heralds 'new chapter' in relations with Myanmar, calls for bilateral investment deal

Mar 09, http://www.elevenmyanmar.com/politics/2730-eu-heralds-new-chapter-in-relations-with-myanmar-calls-for-bilateral-investment-deal

The European Union and Myanmar have opened a new chapter in their relations, which will result in more talks, assistance, trade and investment, European Commission President Jose Manuel Barroso told President Thein Sein during his visit to Brussels on Tuesday.

Barroso also told Thein Sein that Myanmar needed more international support to implement its democratic reforms when the two met at the EU office in the Belgian capital.

EU trade agreement with Peru goes live - Colombia's next in line

Feb 28, http://trade.ec.europa.eu/doclib/press/index.cfm?id=873

Trade barriers between the EU and Peru will be lifted as of 1 March 2013, when the EU's ambitious and comprehensive trade agreement concluded with Peru and Colombia in 2012 will be provisionally applied with Peru. The Agreement will open up markets for both EU and Peruvian exporters eventually bringing annual savings of more than €500m. But it is the improved, more stable conditions for trade and investment that are expected to bring the biggest gains.

First Quantum Minerals Supports Investment Agreement Between Canada and Zambia

Mar 06, http://www.menafn.com/menafn/5f051801-c32f-4aff-a1f8-1500e9f7f0bd/First-Quantum-Minerals-Supports-Investment-Agreement-Between-Canadaand-Zambia?src=main

First Quantum Minerals Ltd. is proud to support the foreign investmentpromotion and protection agreement ("FIPA") signed on Monday March 4,2013 between Canada and Zambia.

Foreign investment law in Oman is being revised

Mar 11, http://www.zawya.com/story/Foreign_investment_law_in_Oman_is_being_revised-ZAWYA20130311042641/

MUSCAT -- The Ministry of Commerce and Industry is revising the Foreign Capital Investment Law with a view to projecting the Sultanate as a more attractive investment destination. In the meantime, the Ministry is working to address the challenges facing the national industry to tackle a trend among some advanced and developing countries to impose protectionism against foreign goods and provide subsidy for their goods against Omani products.

Foreign investors set to sue Spain over energy reform

Feb 14, http://www.reuters.com/article/2013/02/14/us-spain-renewables-idUSBRE91D1A020130214

Reuters - Foreign investors in renewable energy projects in Spain have hired lawyers to prepare potential international legal action against the Spanish government over new rules they say break their contracts.

Download the decree here https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=9217

Four more foreign law firms allowed to practice in Singapore

Feb 20, http://www.asiaone.com/News/Latest%2BNews/Singapore/Story/A1Story20130219-403119.html

The four firms are: Gibson, Dunn & Crutcher, Jones Day, Linklaters and Sidley Austin. They join six other law firms awarded licenses in 2008.

Four new bills to be issued in UAE in 2013 - incl. foreign investment law

Feb 14, http://gulfnews.com/business/markets/four-new-bills-to-be-issued-in-uae-in-2013-1.1146052

"In order to enhance its pivotal role and position as a major hub for international business activities and to improve the overall performance of the national economy, we seek to upgrade our laws to meet the future prospects. Therefore, the ministry has submitted 5 draft laws so far to meet the requirements of the new era. These laws are the companies' law, the foreign investment law, consumer protection law, and Small and Medium Enterprises (SME)'s law," said the minister.

Gas Natural inicia con Qatargas un arbitraje para abaratar el suministro

Feb 26, http://economia.elpais.com/economia/2013/02/26/actualidad/1361909118_919395.html

"Tras un periodo de negociaciones, Gas Natural Fenosa inició el procedimiento arbitral para la determinación del precio del gas suministrado por la compañía Qatar Liquified Gas Company Limited bajo sus contratos a largo plazo, solicitando una rebaja del precio", señala la compañía en su informe. "Posteriormente, el suministrador ha solicitado una reconvención, solicitando un incremento del precio. El arbitraje se encuentra en su fase inicial", añade.

Greece: Foreign Ministry announcement regarding the sending of a note verbale to the United Nations on the safeguarding of Greece's sovereign rights on the continental shelf - News - Announcements

Feb 21, http://www.mfa.gr/en/current-affairs/news-announcements/foreign-ministry-announcement-regarding-the-sending-of-note-verbale-to-the-united-nations-on-the-safeguarding-of-greeces-sovereign-rights-on-the-continental-shelf.html

Upon instructions of Foreign Minister Dimitris Avramopoulos, a note verbale was submitted to the UN yesterday, in which Greece notifies the UN of Turkey's granting of exploration permits for areas of the Greek continental shelf.

This action on the part of the Foreign Ministry safeguards Greece's stance in defence of our country's sovereign rights, in accordance with customary and conventional Law of the Sea, and specifically the UN Convention on the Law of the Sea (1982).

It is to be noted that, directly upon learning of Turkey's granting of permits, the Greek government proceeded to the appropriate demarches to Turkey.

With yesterday's action, Greece notifies the United Nations Organization and its competent organs, and the note verbale will be published in the Law of the Sea Bulletin.

Greece wants to have good neighbourly relations with Turkey, as well as with all the countries in its region, based on mutual respect and international legality, particularly regarding matters that concern our sovereign rights and the exploitation of our natural wealth.

Greece: Samaras wants peaceful solution to dispute with Turkey over Aegean oil and gas

Feb 25, http://www.ekathimerini.com/4dcgi/_w_articles_wsite1_1_25/02/2013_484492

Prime Minister Antonis Samaras insisted on Monday that Greece wants to settle its differences with Turkey in the Aegean peacefully but accused Ankara of calling on international law to defend its rights without having committed to it.

Greece: Samaras Wants to Resolve Aegean Sea Dispute With Turkey

Feb 19, http://www.bloomberg.com/news/2013-02-19/samaras-wants-to-resolve-aegean-sea-dispute-with-turkey.html

Greece has the right to conduct energy exploration in its territorial waters, Prime Minister Antonis Samaras said, pledging to seek an amicable solution with Turkey on the matter when he visits there in early March.

Guinea says Rusal's Fria refinery to restart within months

Feb 04, http://www.reuters.com/article/2013/02/04/guinea-rusal-idUSL5N0B33W720130204

Reuters - Guinea expects production at aluminium producer Rusal's Fria refinery to restart "within months", thanks to conditions set as part of a deal signed with the Russian group late last year, a senior official said.

Harper Government Concludes Investment Agreements with Cameroon and Zambia

Mar 04, http://www.international.gc.ca/media_commerce/comm/news-communiques/2013/03/04a.aspx?lang=eng&view=d

The Honourable Ed Fast, Minister of International Trade and Minister for the Asia-Pacific Gateway, today announced the conclusion of foreign investment promotion and protection agreement (FIPA) negotiations with Cameroon and Zambia. Minister Fast made the announcement accompanied by representatives of Cameroon and Zambia at the Prospectors and Developers Association of Canada (PDAC)'s International Convention, Trade Show and Investors Exchange in Toronto.

In addition to Cameroon and Zambia, Canada has concluded FIPAs with Benin, Madagascar, Mali, Senegal and Tanzania as part of its engagement strategy with Africa. It is also engaged in FIPA negotiations with Burkina Faso, Côte d'Ivoire, Ghana and Tunisia. Canada currently has 24 FIPAs in force around the world.

Hearings to start in Uruguay anti-smoking suit

Feb 05, http://medicalxpress.com/news/2013-02-uruguay-anti-smoking.html

Uruguay faces its first hearings in the French capital this week in a lawsuit filed by US tobacco giant Philip Morris International against its anti-smoking laws, an official said Monday. ... "Hearings are tomorrow and the day after," said government official Jose Mujica, noting the parties were meeting with the court in Paris Monday and that an initial hearing would focus on whether Philip Morris met the necessary legal requirements in filing its complaint.

Hungary: Expropriation of Foreign Farmers

Mar 07, https://www.friedlnews.com/article/hungary-expropriation-of-foreign-farmers

Already in April last year, the Hungarian government planed to abolish property ownership for foreigners. "We will protect our Hungarian land against foreign speculators and bankers" Orban announced. The new property act should prevent the acquisition of Hungarian land by foreigners. In the last two decades, many foreigners acquired agricultural land via Hungarian "straw men" as official owners. In the second half of the 1990s, many Austrian farmers acquired Hungarian agricultural land. However, the acquisition was prohibited. It is assumed that about 5% to 10% of the Hungarian agricultural land is owned by foreigners.

Hupacasath First Nation files affidavits in case against China-Canada FIPA

Feb 20, http://www.vancouverobserver.com/world/canada/dont-expect-canada-china-fipa-anytime-soon-sinofile

If Canadian legislators do sign a pending 31-year trade agreement with China, it likely won't happen anytime soon - not if First Nations and other Canadians across the country have anything to say about it.

India can direct water from Kishanganga hydroelectric project, rules The Hague Court - Pakistan

Feb 19, http://ibnlive.in.com/news/india-can-direct-water-from-kishanganga-hydroelectric-project-rules-the-hague-court/373764-56.html

New Delhi: An International Court of Arbitration at the Hague has ruled in favour of India on the Kishanganga hydroelectric project and upheld India's right to divert water from the hydroelectric project to Kashmir. Pakistan had moved for arbitration in May 2010, claiming India was trying to divert the Jhelum river and the project would rob it of 15 per cent of its share of river waters.

India Indicates Settlement on Vodafone Tax Dispute

Feb 21, http://m.ibtimes.co.uk/vodafone-india-retrospective-tax-dispute-david-cameron-437752.html

The country's Finance Minister Palaniappan Chidambaram has clarified that the cabinet will consider the British telecom company's offer for settlement. He added that the government has also sought legal advice on a separate dispute that involves the Dutch oil major Shell.

India looking for 'MFN status' from Pakistan

Mar 16, http://kashmirwatch.com/news.php/2013/03/16/india-looking-for-8216-mfn-status-8217-from-pakistan.html

NEW DELHI: Despite threats and clashes between the two arch-rivals India still hoping that Pakistan would soon grant the Most Favoured Nation (MFN) status to India, India's top diplomat to the US has said that such a move would clear the ways for closer trade ties between the two neighbours.

India seeks faster action on investment treaty with US

Mar 18, http://www.dailypioneer.com/component/content/article/351-world/133832-india-seeks-faster-action-on-investment-treaty-with-us.html

India has made the case for quicker action on the long-pending Bilateral Investment Treaty (BIT) with the United States, expressing the hope the ministerial Trade Policy Forum talks between the two sides is not delayed any further.

"We need to move consciously and with momentum on the Bilateral Investment Treaty, as also train our sights on the exploration of the advantages, or otherwise, of any future bilateral economic partnership arrangements," says Indian Ambassador to the US Nirupama Rao.

India to emerge as arbitration hub: HC Judge

Feb 20, http://www.indlawnews.com/Newsdisplay.aspx?7e2c2b06-e9eb-4f7b-915d-8926b3fd7871

In a bid to churn out professional arbitrators, the Academy of Arbitration Avenues-International (AAA) was launched in the city. At a function held here last evening, Madras High Court Judge Justice S Rajeswaran launched the academy.

The Arbitration Academy is a government-recognised exclusive training centre for producing professional arbitrators for promoting reconciliation between the parties in dispute.

India to start Kishanganga project construction

Feb 22, http://www.livemint.com/Industry/HgF7hMUl7BWheRxl8CuR4J/India-to-start-Kishanganga-hydropower-project-construction.html

New Delhi: India will shortly start construction on the Rs.3,642.04 crore Kishanganga hydropower project with the International Court of Arbitration at The Hague having ruled in its favour.

India: CY-OS/2 Arbitration Award - Hardy Oil and Gas

Feb 04, http://otp.investis.com/generic/regulatory-story.aspx?cid=44&newsid=311445

Hardy Oil and Gas plc ("Hardy" or "the Company"), the oil and gas exploration and production company with assets in India, is pleased to report that the Hon'ble tribunal, hearing its dispute regarding the nature of the Ganesha-1 discovery, located in the CY-OS/2 exploration block, has issued an award in the Company's favour.

The Company has been successful in obtaining the extension of the CY-OS/2 licence. The Hon'ble tribunal award provides for the CY-OS/2 joint venture to undertake appraisal activities on the CY-OS/2 block, in accordance with the governing production sharing contract, for a further three years from the date on which the block is restored. The Hon'ble tribunal also awarded the joint venture recovery of costs incurred as a result of the arbitration.

CY-OS/2 block - Hardy is the operator of the CY-OS/2 exploration block and holds a 75 per cent participating interest1, through its wholly owned subsidiary Hardy Exploration & Production (India) Inc. The block is located in the northern part of the Cauvery Basin immediately offshore from Pondicherry, India and covers approximately 859 sq km. The licence comprises of two retained areas with the Ganesha-1 natural gas discovery located in the northern area, which comprises an area of approximately 300 sq km.

Ganesha-1 - The natural gas discovery Ganesha-1, announced in January 2007, was drilled to a depth of 4,089 metres, encountering sandstone reservoir in the Campanian. The well flow tested at a peak rate of 10.7 mmscfd. The Company published a competent person report, prepared by Gaffney, Cline & Associates, dated March 2011, which estimates 2C Contingent Resources of approximately 130 BCF.

As a result of the Hon'ble tribunal's award, Hardy may now recommence work on the appraisal of the natural gas discovery Ganesha-1 and the Company will provide an update on progress and plans in due course.

Ian MacKenzie, Chief Executive Officer of Hardy, commented:

"As operator of the CY-OS/2 block, we are looking forward to recommencing our efforts to appraise the Ganesha-1 natural gas discovery. The award has resolved a key uncertainty and allows us to put in place a business plan for this asset as we have done with the other licences in our India focused portfolio. The award is a positive first step as we build momentum through the implementation of our 2013 campaign."

The Company will be reporting its financial results for the year ended 31 December 2012 on 7 March 2013.

India: Defiant Italy calls for international arbitration

Mar 15, http://www.hindustantimes.com/India-news/NewDelhi/Defiant-Italy-calls-for-international-arbitration/Article1-1026643.aspx

Sticking to its ground, Italy has again said it has legal basis in seeking international arbitration in the case of the Italian marines charged with killing two Indian fishermen. "We have juridically solid reasons to proceed in the direction of international arbitration," Italian foreign minister Giulio Terzi told reporters as he arrived at an international conference being hosted by an Israeli think-tank in the city of Herzliya.

India: Exclusive Mediation centre for City

Feb 08, http://postnoon.com/2013/02/08/exclusive-mediation-centre-for-city/107318

The mediation centre for Hyderabad is an initiative of the High Court. Under Section 89 of the High Court Act the courts can allow settlement of disputes outside court by referring the civil disputes for resolution through alternative mechanisms- judicial settlement. Until now the Nyaya Seva Sadans at the various court premises were used for mediation. However, taking a leaf from the Bangalore Mediation Centre, the proposed centre will be dedicated to family cases in the district and resolve the disputes within a 90 days.

India: Fast-track arbitration can help attract FDI: Sarosh Zaiwalla - Interview

Feb 04, http://www.business-standard.com/sme/storypage.php?autono=500897

Q: How difficult was it to set up the first Asian law firm in UK by an Indian in the early 1980s?
Q: Most Indian and MNC companies in India choose either Singapore or London for their arbitration proceedings. Is India missing out on an opportunity to be an international hub for arbitration?
Q: Can a robust arbitration system help de-clog the Indian judiciary from the backlog of cases?
Q: The Vodafone taxation issue has agitated minds of MNCs looking to do business in India. Did you find it impacting perception of India as an investment destination?
Q: How serious is the issue of money laundering through the banking channels?

India: Foreign officials may come under graft law

Mar 14, http://timesofindia.indiatimes.com/india/Foreign-officials-may-come-under-graft-law/articleshow/18963394.cms

The bill is intended to also signal the government's commitment to cracking down on bribe givers and middlemen who use ambiguity of the law or diplomatic cover to evade law enforcement agencies.

India: Petroleum secretary Vivek Rae trying to resolve RIL-CAG dispute over D6 audit

Mar 14, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/petroleum-secretary-vivek-rae-trying-to-resolve-ril-cag-dispute-over-d6-audit/articleshow/18962627.cms

In his first major initiative since he took charge last month, Rae wants to reconcile the bitter conflict over the scope of the audit of Reliance Industries' D6 block. The company wants the audit to be conducted strictly according to the contract while the Comptroller and Auditor General (CAG) wants a comprehensive audit.

India: Reliance Industries threatens to end CAG audit

Feb 01, http://profit.ndtv.com/news/corporates/article-reliance-industries-threatens-to-end-cag-audit-317243

New Delhi: The faceoff between the Comptroller & Auditor General of India (CAG) and Reliance Industries (RIL) has taken a turn for the worse, with the Mukesh Ambani-owned oil and gas major threatening to end the entire audit process for its KG-D6 gas block off the eastern shores, sources told NDTV.

India: Shell to challenge Indian tax demand

Feb 05, http://www.ft.com/intl/cms/s/0/bf165970-6f53-11e2-b906-00144feab49a.html

Last week the Anglo-Dutch oil group received a notice from India's tax authorities claiming the company had miscalculated the amount it owed on the transaction, and proposing an adjustment of Rs155bn ($2.7bn).

India: Vodafone ready for a long legal battle to settle all tax claims, says Vodafone counsel Harish Salve

Feb 11, http://economictimes.indiatimes.com/news/news-by-industry/telecom/vodafone-ready-for-a-long-legal-battle-to-settle-all-tax-claims-says-vodafone-counsel-harish-salve/articleshow/18442843.cms

NEW DELHI: "All legal options are open, including BIT claim," Salve said in reply to a specific query, days after the company got a fresh reminder from the I-T department asking it to pay Rs 14,000 crore. Section 9 of BIT provides that by notifying the host-state of its "intentions" , the investor can trigger the dispute-settlement mechanism under BIT.

Indian firms to take legal route against Mozambique govt

Feb 12, http://www.livemint.com/Industry/thQlHtUC96XYYXwEMezfzJ/Indian-firms-to-take-legal-route-against-Mozambique-govt.html

New Delhi: State-run transport engineering consultant RITES Ltd and construction company Ircon Ltd have decided to start arbitration proceedings against Mozambique over a railway project that was taken away from them by the African nation's government in an example of the political risks of doing business in countries prone to regulatory and regime changes.

Indonesia firm takes scorched earth approach to frustrate Ananda's ASTRO

Mar 08, http://www.themalaysianinsider.com/business/article/indonesia-firm-takes-scorched-earth-approach-to-frustrate-anandas-astro

Indonesia's First Media has secured the bankruptcy of its holding firm in Jakarta in a bid to frustrate efforts by Malaysian billionaire Ananda Krishnan's ASTRO to recover funds from a soured joint venture, Singapore's The Straits Times reported today.

Indonesia: Bank Indonesia, oil giant spat heats up

Feb 21, http://www.thejakartapost.com/news/2013/02/21/bi-oil-giant-spat-heats.html

Foreign oil and gas contractors irked by Bank Indonesia's (BI) decision requiring them to deposit their dollars in domestic banks are not ruling out seeking international arbitration.

Indonesia: Chevron faces Rp 100m fine if it flouts BI rule

Feb 27, http://www.thejakartapost.com/news/2013/02/27/chevron-faces-rp-100m-fine-if-it-flouts-bi-rule.html

Bank Indonesia (BI) revealed that US-based Chevron Pacific Indonesia, the country's major oil producer, is subject to a Rp 100 million (US$10,304) fine should it continue to dodge the obligation to channel their dollar-based export revenues through local banks.

International Court of Arbitration To Hold Hearing On Tatneft' OAO's Claim Against Ukraine

Feb 11, http://www.reuters.com/finance/stocks/OAOFY.PK/key-developments/article/2691210

Interfax reported that the International Court of Arbitration (the Hague, the Netherlands) on March 18-28 will hold hearings on a claim by Russia's Tatneft' OAO (Tatneft) against Ukraine as part of a dispute surrounding joint-stock company Ukrtatnafta (Kremenchuk Oil Refinery, Poltava region), according to a memorandum on Ukraine's Eurobonds issue.

Israeli economist urges Netanyahu to revamp corporate investment law [subscription]

Feb 24, http://www.haaretz.com/business/leading-israeli-economist-urges-netanyahu-to-revamp-corporate-investment-law.premium-1.505331

Economist Uri Yogev says reforms are necessary: The mix needs to be more cuts in government spending.

Israeli economist urges Netanyahu to revamp corporate investment law [subscription]

Feb 24, http://www.haaretz.com/business/leading-israeli-economist-urges-netanyahu-to-revamp-corporate-investment-law.premium-1.505331

Economist Uri Yogev says reforms are necessary: The mix needs to be more cuts in government spending.

Italian companies demanding 47 million euros from Ukraine for violating contract

Feb 22, http://www.kyivpost.com/content/business/italian-companies-demanding-47-million-euros-from-ukraine-for-violating-contract-320807.html

Italy's Torno Global Contracting SPA and Beta Funding SRL have appealed to the International Chamber of Commerce (Paris) asking it to investigate the situation in their business relations with Ukraine's Transport and Communications Ministry and Ukravtodor, according to the prospectus of the issue of Ukrainian eurobonds.

ITLOS: Three arbitrators appointed in the arbitral proceedings instituted by the Argentine Republic against the Republic of Ghana in respect of a dispute concerning the vessel ARA Libertad

Feb 5, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_189_E.pdf

On 4 February 2013, the President of the International Tribunal for the Law of the Sea, Judge Shunji Yanai, appointed three arbitrators to serve as members of the Annex VII arbitral tribunal instituted in respect of a dispute between the Argentine Republic and the Republic of Ghana concerning the vessel ARA Libertad. The arbitrators are Awn Shawkat Al-Khasawneh (Jordan), Bernard Oxman (United States of America) and Bruno Simma (Germany). The President appointed Bruno Simma as the president of the arbitral tribunal. These appointments were made in consultation with the two parties to the dispute.

In accordance with article 3 of Annex VII of the United Nations Convention on the Law of the Sea, if the parties are unable to reach an agreement on the appointment of one or more of the members of the arbitral tribunal, or on the appointment of the president of the arbitral tribunal, these appointments shall be made by the President of the International Tribunal for the Law of the Sea at the request of a party to the dispute and in consultation with the parties.

In a letter dated 7 January 2013, the Minister of Foreign Affairs and Worship of the Argentine Republic requested the President of the International Tribunal for the Law of the Sea to appoint the three arbitrators and the president of the arbitral tribunal.

José Miguel Júdice: "El sur es cada día más relevante y el español y el portugués son lenguas del sur"

Feb 28, http://www.aeade.org/jose-miguel-judice

José Miguel Júdice, con más de 35 años de experiencia ejerciendo como abogado y árbitro, que ha abarcado casi todos los ámbitos del Derecho, ha sido uno de los autores de la nueva Ley de Arbitraje portuguesa, como miembro de la Junta Directiva de la Asociación Portuguesa de Arbitraje en la que pone muchas esperanzas como motor de desarrollo del arbitraje portugués.

Kenya: Plans to turn Nairobi into international financial hub heat up

Feb 04, http://www.standardmedia.co.ke/?articleID=2000076574&story_title=Kenya-Business:%20Plans%20to%20turn%20Nairobi%20into%20international%20financial%20

Nairobi's vision of following the footsteps of London, and becoming a global financial centre, has started taking shape with a financial firm appointed to deliver the work - TheCityUK - seeking partners to participate in the development of the project.

Kishanganga verdict sets things right: Pakistan

Mar 18, http://zeenews.india.com/news/south-asia/kishanganga-verdict-sets-things-right-pak_835660.html

Islamabad: Pakistan on Friday contended that an international court of arbitration's decision on India's Kishanganga hydropower project had compensated for a neutral expert's earlier ruling on the Baglihar project that had favoured Delhi.

KLRCA Embarks On International Roadshow To Promote Its Islamic Arbitration Rules

March 6, http://www.klrca.org.my/userfiles/File/Press%20Release%20-%20KLRCA%20Embarks%20On%20International%20Roadshow%20To%20Promote%20Its%20Islamic%20Arbitration%20Rules.pdf

Kuala Lumpur ­ The Kuala Lumpur Regional Centre for Arbitration (KLRCA) is set to embark on an international promotional campaign beginning with a roadshow to Indonesia this month.

...

The [KLRCA i-Arbitration] Rules will be one of the highlights in KLRCA's Roadshow in Jakarta, themed Effective Dispute Resolution: A Malaysian Perspective. Organised with the aim of promoting the Malaysian legal system especially on alternative dispute resolution (ADR), the delegation will be led by Datuk Sundra Rajoo, Director of KLRCA, and include the President of The Court of Appeal Malaysia, Tan Sri Dato' Seri Md Raus Bin Sharif; former Chief Justice of Malaysia, Tun Dato' Seri Zaki Tun Azmi; and President of the Malaysia Bar, Lim Chee Wee.

...

Korea: Minister nominee alludes to revisiting controversial ISD clause

Mar 12, http://www.hani.co.kr/arti/english_edition/e_international/577175.html

Yoon Sang-jick has said that if confirmed as minister he would reopen discussions with the US on KORUS FTA's most contentious clause

Kyrgyzstan sets deadline to revise Centerra Gold deal

Feb 21, http://www.reuters.com/article/2013/02/21/centerra-kyrgyzstan-idUSL6N0BL9LA20130221?type=companyNews&feedType=RSS&feedName=companyNews

Lebanon: Consortium denies seeking international mediation for power plant suit

Mar 12, http://www.dailystar.com.lb/Business/Lebanon/2013/Mar-12/209710-consortium-denies-lawsuit-over-power-plant-deal.ashx

BEIRUT: Abener-Butec, the Spanish-Lebanese energy consortium, whose $662 million provisional contract to rebuild the Deir Ammar power plant was canceled by Cabinet last December, denied reports that it officially submitted a lawsuit against the Lebanese government to the World Bank's international investment mediation panel last week.

Letter of Energy Community Secretariat to Ukrainian President H.E. Viktor Yanukovych

Feb 8, http://www.energy-community.org/portal/page/portal/ENC_HOME/NEWS/News_Details?p_new_id=6821

According to media reports, President Yanukovych, at a press conference in Vilnius on Wednesday expressed his dissatisfaction with the level of cooperation with the "European Energy Community".

Liberia: Tullow Oil and Heritage in Tax Battle

Mar 18, http://allafrica.com/stories/201303181106.html

Tullow Oil found itself in a charged legal battle in the UK High Court last week when the company was accused of colluding with the Ugandan government to extract tax from its former exploration partner, Heritage Oil.

Lithuania delays award of shale gas licence to Chevron

Feb 28, http://www.bne.eu/story4617/Lithuania_delays_award_of_shale_gas_licence_to_Chevron

The ministry said in a press release that it had cancelled a meeting of the Commission for Hydrocarbon Resource Exploitation scheduled for the same day, at which Chevron was to be announced the winner of the tender. The US company was the only bidder for the licence in January.

London's arbitration role under threat? [subscription]

Feb 14, http://www.thetimes.co.uk/tto/law/article3687055.ece

London's dominant position in international arbitration is under growing threat from abroad - and last week lawyers in New York announced that the city is to boost its presence in the market.

Global lawyers fear that arbitration is becoming costlier, more cumbersome and less effective, although City experts are expected to announce in the next few weeks that international arbitration cases heard in London have maintained the peak they hit in 2010 as a result of the global financial crisis.

Malaysia: Sulu heirs won't budge on Sabah claim

Feb 25, http://www.emirates247.com/news/philippines/sulu-heirs-won-t-budge-on-sabah-claim-2013-02-25-1.496353

Political analysts and constitutional experts, on the other hand, have said that the Philippine government should bring the Sabah issue into arbitration at the UN. The framework agreement is a vital step towards signing a formal peace accord between the government and the 1,200-strong MILF guerrillas after 15 years of negotiations, the latest of which are being brokered by Malaysia.

Malta Arbitration Centre celebrates 15th anniversary

Mar 04, http://www.independent.com.mt/articles/2013-03-04/news/malta-arbitration-centre-celebrates-15th-anniversary-1043791873/

The event also saw the launch of the Centre's revamped website which can be viewed by logging on www.mac.org.mt together with a swearing-in ceremony and the taking of the oath of office by the fifty-one newly-appointed members to the Centre's Domestic Panels of Arbitrators.

Market dynamics to influence takaful growth Islamic Finance

Feb 27, http://www.zawya.com/story/UAE_takaful_poised_for_growth_spurt-ZAWYA20130227050317/

Policy measures aimed at making Dubai a financial hub in the Middle East and North Africa (MENA) could also be conducive to making it a global center for Islamic finance. The UAE announced its ambition at the start of 2013, to turn Dubai into the world's Islamic capital. In order to achieve this initiative, efforts must be made to create a Shariah council to oversee standards in Islamic finance, an arbitration center to resolve disputes in Islamic contracts...

Mongolia Plans to Charge Rio's Oyu Tolgoi Interest on Tax

Feb 28, http://www.bloomberg.com/news/2013-02-28/mongolia-plans-to-charge-rio-s-oyu-tolgoi-interest-on-unpaid-tax.html

Mongolia plans to start charging interest on allegedly unpaid tax owed by Rio Tinto Group's Oyu Tolgoi LLC, as talks continue over the future of the $6.6 billion copper and gold mine, the nation's mining minister said.

Mongolia to Ease Investment Limit Amid Rio Tinto Dispute

Mar 07, http://www.businessweek.com/news/2013-03-07/mongolia-to-ease-investment-limit-amid-rio-tinto-dispute

Mongolia will ease limits on foreign investment that requires parliamentary approval even as it restricts overseas ownership in industries such as mining amid a dispute with Rio Tinto Group.

MSA Arbitration Panel Upholds NPM Adjustment Settlement Agreement

Mar 13, http://www.businesswire.com/news/home/20130313005933/en/MSA-Arbitration-Panel-Upholds-NPM-Adjustment-Settlement

BUSINESS WIRE - Philip Morris USA (PM USA) announced today that the arbitration panel in the pending Non-Participating Manufacturer (NPM) adjustment proceeding has issued a Stipulated Partial Settlement and Award, which will allow the settlement agreement reached in December to proceed. PM USA and other cigarette manufacturers reached the agreement with seventeen states, the District of Columbia and Puerto Rico to resolve long-standing disputes related to the NPM adjustment provisions of the Master Settlement Agreement (MSA) for the years 2003 to 2012.

PM USA believes this agreement resolves the disputes with the signatory states on financial terms that are fair to the parties and in a way that will lead to a better method of resolving these issues in the future. Now that the panel has upheld this agreement, PM USA hopes that more states will join in the settlement.

The agreement includes a release to the signatory states of their portion of more than $4 billion from disputed payment accounts. In return, the manufacturers will receive credits against the signatory states' portion of future MSA payments in settlement of their 2003-2012 NPM adjustment claims against those states. For the signatory states, the settlement is net cash positive and also removes the risk of substantial reductions of MSA revenues for the years in dispute, 2003-2012.

For those states that do not join, PM USA intends to continue to pursue the disputed NPM adjustments for 2003 and beyond. As part of the award, the arbitration panel also ruled that the 2003 NPM adjustment claim against the non-signatory states would be reduced pro rata in light of the settlement with the signatory states. A number of the non-signatory states raised objections concerning the settlement agreement with the arbitration panel, and some of these states have indicated that they may seek relief in state court to prevent the settlement from proceeding or for other measures with respect to the settlement. PM USA intends to contest any such efforts in state court.

PM USA's credit is estimated to total approximately $450 million based on the current signatory states. This estimate is subject to change depending on a variety of factors related to the calculation of the credit. If the agreement proceeds, PM USA expects to record a corresponding increase in its reported pre-tax earnings.

The jurisdictions that have agreed to join the settlement to date are Alabama, Arizona, Arkansas, California, District of Columbia, Georgia, Kansas, Louisiana, Michigan, Nebraska, Nevada, New Hampshire, New Jersey, North Carolina, Puerto Rico, Tennessee, Virginia, West Virginia, and Wyoming.

Myanmar parliament agrees on signing New York convention to attract investment

Mar 06, http://www.globaltimes.cn/content/766237.shtml

The approval of the parliament came after six lawmakers discussed the pros and cons of the signing at the parliament's ongoing session in Nay Pyi Taw.Aung San Suu Kyi, a parliament member with the House of Representative, said in the session that "To make the economy a success, it all depends on trust. No matter what legislation is enacted and no matter what agreement is signed, no potential investor would make investment unless they have confidence in the (political) landscape of the country."

Myanmar's New Foreign Investment Law Benefits Malaysia's Potential Investors

Feb 26, http://www.bernama.com/bernama/v7/bu/newsbusiness.php?id=930466

Bernama -- Myanmar's new Foreign Investment Law will offer vast opportunities for Malaysian businessmen to invest in hat country, United Nations Resident Coordinator's Office in Yangon Senior Advisor, Prof Aung Tun Thet said.

Myanmar: Lawyers disect 'foreigner friendly' FIL rules

Feb 13, http://www.mmtimes.com/index.php/business/4069-lawyers-disect-foreigner-friendly-fil-rules.html

A window of opportunity has been created by the enactment of the Foreign Investment Law and, on January 31, the rules determining investments, a foreign law firm working in Myanmar said last week. The Ministry of National Planning and Economic Development released the 100-page document, which details prohibited and restricted sectors, as well as the exemptions different ministries may grant, on January 31.

Myanmar: Parliament Loosens Foreign Investment Rules

Mar 19, http://www.irrawaddy.org/archives/29772

Burma's Parliament on Monday passed additional regulations for the Foreign Direct Investment Law that will open up 20 percent of ownership in certain business sectors, Radio Free Asia reports. See also https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=9259

Naftogaz of Ukraine denies obligation of gas to Italian IUGAS

Feb 24, http://www.steelguru.com/russian_news/Naftogaz_of_Ukraine_denies_obligation_of_gas_to_Italian_IUGAS/302982.html

The Naftogaz of Ukraine national joint stock company has denied reports that it has an obligation to deliver 13.1 billion cubic meters of natural gas to the IUGAS company (Italy) in accordance with a decision of the arbitration tribunal at the Stockholm Chamber of Commerce's arbitration institute (Sweden).

Naftogaz of Ukraine denies obligation of gas to Italian IUGAS

Feb 24, http://www.steelguru.com/russian_news/Naftogaz_of_Ukraine_denies_obligation_of_gas_to_Italian_IUGAS/302982.html

The Naftogaz of Ukraine national joint stock company has denied reports that it has an obligation to deliver 13.1 billion cubic meters of natural gas to the IUGAS company (Italy) in accordance with a decision of the arbitration tribunal at the Stockholm Chamber of Commerce's arbitration institute (Sweden).

Namibia: Expropriate Farms, Says Swanu

Mar 06, http://allafrica.com/stories/201303060805.html

SWANU president Usutuaije Maamberua yesterday called for the expropriation of farms, saying his party is not "comfortable" with the pace of land reform in Namibia.

Namibia: Nafwu Accused of Ignoring Arbitration Order

Mar 08, http://allafrica.com/stories/201303080854.html?viewall=1

THE Namibia Farmworkers Union (Nafwu) has reportedly not complied with an arbitration order by the Office of the Labour Commissioner which stated that it had to reinstate three dismissed workers and compensate them for loss of income from June to December 2012.

National Arbitration Forum Approved as First ICANN Rapid Suspension Provider

Feb 26, http://www.prnewswire.com/news-releases/national-arbitration-forum-approved-as-first-icann-rapid-suspension-provider-193245551.html

The National Arbitration Forum (FORUM), an international provider of dispute resolution services, today announced that it has agreed to provide rapid dispute resolution services for ICANN's new generic top level domain (gTLD) program. The FORUM is the first appointed provider of ICANN's Uniform Rapid Suspension System (URS).

Netherlands: Kabinet moderniseert arbitrage - Dutch Cabinet is modernizing arbitration

Feb 01, http://www.rijksoverheid.nl/ministeries/venj/nieuws/2013/02/01/kabinet-moderniseert-arbitrage.html

[The Cabinet is modernizing arbitration! On Friday, February 1st, the Council of Ministers consented with the proposal from minister Opstelten. For more information and to see the press release. HT NAI]

Partijen die kiezen voor arbitrage als alternatief voor rechtspraak, moeten ook in de toekomst verzekerd zijn van flexibele geschiloplossing met voldoende waarborgen voor een volwaardige rechtsgang. Daarom is het nodig de regels voor arbitrage te moderniseren. Hierdoor dalen tegelijkertijd de lasten voor burgers en bedrijfsleven. Dit blijkt uit een wetsvoorstel van minister Opstelten van Veiligheid en Justitie, waarmee de ministerraad heeft ingestemd.

New EU rules to ensure rapid redress for disappointed shoppers

Mar 12, http://www.europarl.europa.eu/news/en/pressroom/content/20130312IPR06438/html/New-EU-rules-to-ensure-rapid-redress-for-disappointed-shoppers

Plenary Session Consumers - 12-03-2013 - 14:02 REF. : 20130312IPR06438

EU shoppers will get easier access to rapid, cheap and impartial mediation in disputes with traders over goods or services thanks to two new laws voted by Parliament on Tuesday. They aim to help shoppers to avoid long and costly court cases, especially over on-line or cross-border purchases.

The new rules on Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR), aim to step up the use of ADR schemes in the EU by giving shoppers a fast, cheap and informal way to settle disputes with traders as an alternative to often lengthy court proceedings.

An ADR mediator for every dispute

Many EU countries already have ADR schemes, but a lack of common standards, patchy coverage and overloading make it hard for shoppers to use them. The new directive requires EU member states to ensure that ADR bodies exist for all business sectors and includes provisions to ensure that mediators are impartial.

Shoppers will be able to use the new rules to seek out of court remedies for complaints about any good or service, whether bought online, in a shop, domestically or across borders. MEPs ensured that arbitration should be either free of charge for the shopper or cost only a "nominal fee". In general, any dispute should be resolved within 90 days, the rules add.

"The ADR directive is a win-win one for both buyers and sellers. An EU-wide low-cost rapid redress mechanism will save consumers billions of euro a year, encourage cross-border e-commerce, which is a crucial stimulus for growth in Europe's single market" said Louis Grech (S&D, MT) who steered the legislation through Parliament.

Processing ODR complaints on line

To help resolve disputes over goods sold on line, the ODR regulation empowers the European Commission to provide an "online platform" for ODR in all EU languages. This platform, accessible via the "Your Europe" portal, will give shoppers a standard user-friendly complaint form which they can complete in their own language.

The ODR platform will refer shoppers to the most appropriate ADR scheme for their complaints. It will be able to handle every step of a complaint on line, and information exchanged will be protected by EU privacy and data protection rules. ODR help will be available for any dispute over online sales, irrespective of where the seller is located in the EU,

"Consumers and traders, especially smaller ones, feel insecure about online trading across borders because they do not know where to turn for help if they encounter a problem. ODR will give them the confidence to buy and sell throughout the EU. This makes ODR a milestone in the relaunch of the single market" said ODR rapporteur Róz.a Thun (EPP, PL).

Next steps

The ADR directive and the ODR regulation will enter into force 20 days after their publication in the EU Official Journal. The ADR directive should apply in all member states within 24 months of its entry into force, and the ODR platform will be available shortly thereafter.

The ADR directive was approved by 617 votes to 51, with 5 abstentions.

The ODR regulation was approved by 622 votes to 24, with 32 abstentions.

New Zealand: Government moves forward with plain packaging of tobacco products

Feb 19, http://www.beehive.govt.nz/release/government-moves-forward-plain-packaging-tobacco-products

The Government has decided it will bring in legislation to put tobacco products into plain packaging.

In April last year the Government had agreed 'in principle' to introduce a plain packaging regime in alignment with Australia pending the outcome of a public consultation process. The public consultation closed on 5 October 2012 and Cabinet considered a report on the consultation outcomes on Monday.

Plain packaging for tobacco will mean cigarette packs and tobacco pouches will have much larger pictorial health warnings and be stripped of the marketing imagery tobacco companies use to promote their products. The colours and design of the packs will be standardised in regulations designed to maximise the impact of the health warnings. Tobacco brand names will have to be printed in standard type fonts and sizes.

In announcing the decision to legislate for plain packaging, Associate Minister of Health Hon Tariana Turia said the consultation process generated a lot of interest and the written submissions provided useful information to inform Cabinet's decision-making. Ultimately, Cabinet is satisfied that plain packaging is an important tool to improve the health of New Zealanders.

Around 300 substantive written submissions were received, as well as a further 20,000 plus postcards, form letters and signatures on petitions either in support or opposing plain packaging.

...

New Zealand: Government moves forward with plain packaging of tobacco products

Feb 19, http://www.beehive.govt.nz/release/government-moves-forward-plain-packaging-tobacco-products

The Government has decided it will bring in legislation to put tobacco products into plain packaging.

In April last year the Government had agreed 'in principle' to introduce a plain packaging regime in alignment with Australia pending the outcome of a public consultation process. The public consultation closed on 5 October 2012 and Cabinet considered a report on the consultation outcomes on Monday.

Plain packaging for tobacco will mean cigarette packs and tobacco pouches will have much larger pictorial health warnings and be stripped of the marketing imagery tobacco companies use to promote their products. The colours and design of the packs will be standardised in regulations designed to maximise the impact of the health warnings. Tobacco brand names will have to be printed in standard type fonts and sizes.

In announcing the decision to legislate for plain packaging, Associate Minister of Health Hon Tariana Turia said the consultation process generated a lot of interest and the written submissions provided useful information to inform Cabinet's decision-making. Ultimately, Cabinet is satisfied that plain packaging is an important tool to improve the health of New Zealanders.

Around 300 substantive written submissions were received, as well as a further 20,000 plus postcards, form letters and signatures on petitions either in support or opposing plain packaging.

"I'd like to thank everyone who submitted on this important issue," said Associate Minister of Health Tariana Turia.

"While opinions were divided, with many smokers and tobacco retailers expressing opposition, overall the consultation process confirmed that plain packaging will be an effective means of reducing the appeal of smoking and removing the impression that tobacco may be less harmful than it is.

"The evidence from experimental studies, marketing experts and the tobacco industry's own documents is overwhelming. We cannot continue to allow tobacco companies to use sophisticated packaging designs to promote their products as if they were ordinary everyday consumer goods.

"Currently the packaging does everything it can to attract consumers, and increase the perceived appeal and acceptability of smoking. The bright colours and other design elements divert people's attention away from the health warnings which tell the truth about just how deathly dangerous smoking is."

Mrs Turia said the move to plain packaging would make more explicit what tobacco is - a product that kills 5,000 New Zealanders each year.

"Current tobacco packaging not only helps promote smoking to young and vulnerable people, it also helps keep smokers smoking. This move to plain packaging will remove the last remaining vestige of glamour from these deadly products.

"I am delighted that New Zealand is on track to be the second country in the world to legislate for plain packaging. This is another major step on the pathway to becoming a Smoke-free nation by 2025.

"There is a risk that tobacco companies will try and mount legal challenges against any legislation, as we have seen in Australia

"In making this decision, the Government acknowledges that it will need to manage some legal risks. As we have seen in Australia, there is a possibility of legal proceedings.

"To manage this, Cabinet has decided that the Government will wait and see what happens with Australia's legal cases, making it a possibility that if necessary, enactment of New Zealand legislation and/or regulations could be delayed pending those outcomes.

"The Ministry of Health will now begin developing the detailed policy which will include the size and content of health warnings. I intend to introduce the legislation to Parliament before the end of this year.

"Once again, I would like to acknowledge the community health workers, the NGO's, medical practitioners and government agencies for their work on reducing the extreme harm caused by tobacco consumption and in achieving our long term goal of a Smoke-Free Aotearoa. I know that when we look back in 20 years this decision will be the right one."

New Zealand: Smoking - Plain Packaging Legal Bill Could Be $8Million...

Mar 11, http://www.stuff.co.nz/national/politics/8402739/Plain-packaging-legal-bill-could-be-8m

The ministry has withheld the submissions, claiming that publication could prejudice national security and international relations.

Nigeria: French court fines two for bribing Nigerians

Jan 30, http://www.expatica.com/fr/news/french-news/french-court-fines-two-for-bribing-nigerians_257232.html

A Paris court on Wednesday found two former executives with French oil services firm Technip guilty of bribing Nigerian officials to win a contract to build a gas facility.

Nigeria: Korean Firm Buys Egbin Power Plant for U.S.$407 Million (Page 1 of 2)

Mar 01, http://allafrica.com/stories/201303010188.html

The federal government yesterday gave out 70 per cent of Egbin power plant in Lagos to a Korean firm, KEPCO, for sale at the rate of $407.3 million.

Nortel U.K. Retirees Lose Bid for Arbitration

Mar 08, http://www.bloomberg.com/news/2013-03-08/nortel-u-k-retirees-lose-bid-for-arbitration.html

Nortel Networks Corp. (NRTLQ) retirees in the U.K. lost a bid to force the defunct telecommunications company into private arbitration over how to split $7 billion.

Oil giants bow to Bank Indonesia's demands: Central bank

Mar 05, http://www.thejakartapost.com/news/2013/03/05/oil-giants-bow-bi-demands-central-bank.html

After prolonged refusals, the nation's foreign oil and gas contractors have complied with a Bank Indonesia's (BI) rule requiring them to deposit dollar-based export earnings in local banks, an official says.

Oman: Foreign Investment Law to be revised

Feb 03, http://main.omanobserver.om/node/145159

Council of Ministers approves proposal to raise minimum private sector pay for Omanis to RO 325 from July - MUSCAT - The Council of Ministers took a number of decisions that embody the Royal directives on striking a balance between expatriate manpower and the Sultanate's population so that the number of expatriates would not exceed 33 per cent.

Pakistan-Australia: 'BIT to open new avenues of economic cooperation'

Mar 08, http://www.dailytimes.com.pk/default.asp?page=2013%5C03%5C08%5Cstory_8-3-2013_pg5_6

Karachi Chamber of Commerce and Industry (KCCI)'s President Haroon Agar exchanging views with the High Commissioner of Australia Peter Heyward at KCCI articulated that Australian economy was dominated by its service sector particularly in mining and agriculture.

Pakistan-India: Arbitration Court to give verdict on Kishenganga hydro project

Feb 14, http://www.thehindu.com/news/international/south-asia/arbitration-court-to-give-verdict-on-kishenganga-hydro-project/article4408714.ece

India and Pakistan are bracing themselves for the final order of the Court of Arbitration at The Hague in their dispute over the construction of the Rs. 3,600 crore Kishenganga hydro-electric project in North Kashmir.

Highly placed sources told The Hindu on Monday that the court, chaired by Stephen M. Schwebel, has asked the two ambassadors to be present when it hands out its judgment on February 18.

Pakistan: Karkey moves ICSID against Pak for breaches of investment treaty

Mar 06, http://pakobserver.net/detailnews.asp?id=198849

In a new development, Karkey Rental Power Plant established in a ship berthed at Karachi port to provide electricity to national grid, has moved ICSID (International Centre for Settlement of Investment Disputes) against Pakistan for not allowing it to move out from port and for breaching the Article VII of bilateral investment treaty (BIT) inked on March 16, 1995 by the government of Pakistan and due to which it suffered the huge loss.

Pakistan: LHC seeks oil price determination criteria

Feb 14, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/lahore/14-Feb-2013/lhc-seeks-oil-price-determination-criteria

LAHORE - The Lahore High Court on Wednesday sought report from the Oil and Gas Regulatory Authority (Ogra) about oil price determination criteria/formula. Chief Justice Umar Ata Bandial issued the order on a petition against increase in prices of petroleum products.

Pakistan: Prime Minister's aide defends court ruling in Kishanganga case

Mar 16, http://www.brecorder.com/agriculture-a-allied/183/1163656/

Special Assistant to the Prime Minister Kamal Majidulla on Friday defended Pakistan's stance in the International Court of Arbitration, terming the court's decision over the controversial Kishanganga hydropower project a success of the country.

Pakistan: The Reko Diq saga: Balochistan wins again

Feb 18, http://www.dailytimes.com.pk/default.asp?page=2013%5C02%5C20%5Cstory_20-2-2013_pg7_18

In the parallel arbitration lodged by the corporation TCC before the International Chamber of Commerce International Court of Arbitration (ICC ICA), the Tribunal has denied TCC any relief under its interim measures application and has supported the arguments of the Government of Balochistan.

Philip Morris International Comments on New Zealand's Standardized Packaging Announcement

Feb 19, http://www.pmi.com/eng/media_center/press_releases/pages/201302190659.aspx

LAUSANNE, Switzerland--(BUSINESS WIRE)--Feb. 19, 2013-- Philip Morris International Inc.'s (PMI) (NYSE/Euronext Paris: PM) issued the following statement today regarding the New Zealand government's announcement that it will wait to implement standardized or "plain" packaging for tobacco products until the international legal challenges pending regarding Australia's law are decided:

"In her official statement earlier today announcing New Zealand's plans regarding standardized packaging, Health Minister Tariana Turia said, 'the Government will wait and see what happens with Australia's legal cases, making it a possibility that if necessary, enactment of New Zealand legislation and/or regulations could be delayed pending those outcomes.'

This announcement demonstrates that the New Zealand government recognizes the significant international trade issues with standardized packaging and will not implement it until the pending international legal challenges to Australia's law are resolved. There is no credible evidence that standardized packaging will lower smoking rates, but strong evidence that it will jeopardize jobs, benefit the black market for cigarettes, and is a breach of international trade rules that have already made Australia's policy subject to WTO action."

...

Philippines may seek more WTO arbitration vs Thailand in cigarette tax issue

Mar 08, http://www.gmanetwork.com/news/story/298237/economy/business/phl-may-seek-more-wto-arbitration-vs-thailand-in-cigarette-tax-issue

The Philippines may seek further arbitration by the World Trade Organization (WTO) if Thailand does not adjust its policies to provide fair taxation for imported cigarettes, the Philippine Mission to the WTO said in a statement Thursday.

Philippines on 'right track' over China challenge

Feb 21, http://www.rappler.com/nation/22226-ph-on-right-track-over-china-challenge

The Philippines is on "the right track" in seeking UN arbitration to resolve its territorial dispute with China in the West Philippine Sea, Malacañang said on Wednesday, February 20.

Philippines, Germany 'optimistic' about resolution to Naia 3 dispute

Feb 07, http://business.inquirer.net/106461/ph-germany-optimistic-about-resolution-to-naia-3-dispute

MANILA, Philippines-Foreign ministers of the Philippines and Germany on Thursday expressed their optimism for a "just and expeditious" resolution to the Fraport-Ninoy Aquino International Airport (Naia) Terminal 3 case, saying that the dispute should not be a hindrance in boosting economic ties between the two countries.

Philippines: Arbitration still on despite China's rejection - Gazmin

Feb 25, http://www.abs-cbnnews.com/nation/02/22/13/arbitration-still-despite-chinas-rejection-gazmin

MANILA - International arbitration for the Philippines' claims in the Spartly Islands and Scarborough Shoal will continue even without China's cooperation, Defense Secretary Voltaire Gazmin said Friday.

Philippines: Arbitration still on despite China's rejection - Gazmin

Feb 25, http://www.abs-cbnnews.com/nation/02/22/13/arbitration-still-despite-chinas-rejection-gazmin

MANILA - International arbitration for the Philippines' claims in the Spartly Islands and Scarborough Shoal will continue even without China's cooperation, Defense Secretary Voltaire Gazmin said Friday.

Plans in place to improve arbitration in Scotland

Mar 14, http://www.fwi.co.uk/articles/13/03/2013/138122/plans-in-place-to-improve-arbitration-in-scotland.htm

Speaking at the Scottish Agricultural Arbiters and Valuers Association (SAAVA) AGM in Stirling this week (Tuesday 12 March), president Martin Hall said the guide would be written by Central Association of Agricultural Valuers (CAAV) secretary Jeremy Moody, following the model of one used in England and Wales.

Poland: Commencement of an arbitration proceeding with participation of, among others, ROBYG S.A.

Feb 25, http://www.4-traders.com/news/Robyg-SA-Current-Report-no-19-Commencement-of-an-arbitration-proceeding-with-participation-of-a--16253475/

The said request for arbitration proceeding relates to several claims of EDR Entities resulting from different titles connected with development of the investment project carried out by ROBYG City Apartments Sp. z o.o. (the "Project") - being the project company, in the share capital of which the Company holds 75% and EDR SARL holds 25% of shares.

Sisk to sue over losses in Poland

Mar 11, http://www.irishtimes.com/business/sectors/commercial-property-and-construction/sisk-to-sue-over-losses-in-poland-1.1320344

Construction group Sisk is taking both legal and arbitration proceedings in a bid to recover the losses on Polish road building projects over the last two years.

Poland: Commencement of an arbitration proceeding with participation of, among others, ROBYG S.A.

Feb 25, http://www.4-traders.com/news/Robyg-SA-Current-Report-no-19-Commencement-of-an-arbitration-proceeding-with-participation-of-a--16253475/

The Management Board of ROBYG S.A. with its registered office in Warsaw (the "Company") hereby informs that on 22 February 2013 it has received a notification from the Secretariat of the International Court of Arbitration of the International Chamber of Commerce (the "Secretariat") according to which EDR Real Estate (Eastern Europe) Participations S.A.R.L. ("EDR SARL") and EDR Real Estate (Eastern Europe) Participations S.C.A. SICAR. ("EDR SICAR" and together with EDR SARL the "EDR's Entities") have submitted to the Secretariat a request for arbitration proceeding against its major shareholders, i.e. Nanette Real Estate Group N.V. ("Nanette"), LBPOL William S.á.r.l. ("LBPOL") and the Company.

The said request for arbitration proceeding relates to several claims of EDR Entities resulting from different titles connected with development of the investment project carried out by ROBYG City Apartments Sp. z o.o. (the "Project") - being the project company, in the share capital of which the Company holds 75% and EDR SARL holds 25% of shares.

The total value of the claims of EDR's Entities against all of Nanette, LBPOL and the Company in connection with the Project has been estimated by EDR's Entities at approx. EUR

5,800,000.00, i.e. less than 10% of the share capital of the Company.

The Management Board of the Company is of the opinion that the claims of EDR Entities against the Company are unjustified and the Company shall further verify the request for arbitration with its participation, and upon detailed estimation of the claims against the Company and verification of their basis, it shall respond to it in details in an appropriate manner.

Procuraduría General del Estado rechaza cuarto laudo interino en Caso Chevron 3

Feb 13, http://www.pge.gob.ec/es/rotativo/1945-procuraduria-general-del-estado-rechaza-cuarto-laudo-interino-en-caso-chevron-3.html

POR CUARTO LAUDO INTERINO EN CASO 'CHEVRON 3'

PROCURADURÍA GENERAL DEL ESTADO RECHAZA ESTE LAUDO INTERINO PORQUE DESCONOCE LA INDEPENDENCIA DE FUNCIONES DEL ESTADO

El pasado jueves 7 de febrero, el Tribunal Arbitral que conoce el proceso conocido como caso 'Chevron 3' dictó su cuarto laudo interino sobre Medidas Provisionales y declaró que Ecuador incumplió el primer y segundo laudos interinos sobre Medidas Provisionales -dictados el 25 de enero y 16 de febrero de 2012, respectivamente- en los que determinó que el Estado ecuatoriano debía tomar todas las medidas necesarias para suspender o causar la suspensión de la ejecución y reconocimiento, dentro y fuera país, de la sentencia del caso 'Lago Agrio'.

La decisión del Tribunal (constituido bajo reglas UNICTRAL) tiene como base el hecho de que los demandantes del caso 'Lago Agrio' iniciaron en meses anteriores acciones para el reconocimiento y ejecución de la sentencia dictada por la Corte Provincial de Justicia de Sucumbíos dentro del juicio de daño ambiental que las comunidades de esa zona siguen en contra de la petrolera Texaco, tanto ante la misma Corte en Sucumbíos como ante las autoridades judiciales de Canadá, Brasil y Argentina.

Vale recordar que la Procuraduría informó en su momento a las autoridades de las funciones del Estado sobre los laudos interinos dictados en el caso 'Chevron 3'; sin embargo, bajo el actual marco constitucional, ninguna autoridad puede interferir en las decisiones de la función Judicial y, como tal, en la administración de justicia.

Adicionalmente, aunque en este laudo interino el Tribunal no mandó a pagar valor alguno al Estado, determinó que Ecuador debería demostrar por qué no tendría que compensar a las demandantes por la violación del primero y segundo laudos -en el evento de un laudo final en su contra- y precisó también que el Estado está obligado por el derecho internacional a cumplir sus compromisos derivados del Tratado Bilateral de Protección de Inversiones (TBI) entre Ecuador y Estados Unidos de América.

Finalmente, el Tribunal Arbitral aclaró que todavía no ha resuelto ninguno de los asuntos del fondo de la controversia entre las Partes (Ecuador y Chevron).

Algunos antecedentes

REE go to international arbitration if Bolivia undervalues its assets

Mar 05, http://www.europapress.es/economia/noticia-economia-empresas-ree-ira-arbitraje-internacional-si-bolivia-valora-activos-muy-debajo-real-20130305120003.html

[translation] The president of Spain's Red Electrica (REE), Jose Folgado, has warned that his company will go to international arbitration in the event that the Bolivian authorities recognize at a meeting scheduled for Wednesday to value the assets expropriated in the country very below real.

Reports of Canadian firms bribing foreign officials prompt crackdown

Feb 11, http://www.vancouversun.com/business/Reports+Canadian+firms+bribing+foreign+officials+prompt+crackdown/7924833/story.html

The federal government is moving to crack down on Canadian companies involved in corruption abroad following reports in recent months of firms bribing foreign officials to secure lucrative deals in places such as Chad and Libya.

Repsol says not in talks with Argentina on YPF stake

Mar 08, http://www.reuters.com/article/2013/03/08/us-spain-repsol-idUSBRE92713A20130308?feedType=RSS&feedName=innovationNews

"Repsol's board of directors denies the existence of any negotiation or any kind of offer," it said in a statement to Spain's stock market regulator.

Repsol shareholder and Argentina in talks over YPF - source

Mar 05, http://www.reuters.com/article/2013/03/05/repsol-argentina-idUSL6N0BXK8220130305

Rio's Mongolia Copper Dream Awakens 20-Year-Old Nightmare

Feb 20, http://www.bloomberg.com/news/2013-02-20/rio-tinto-s-mongolia-copper-dream-awakens-20-year-old-nightmare.html

Mongolia's government is ratcheting up criticism of Rio's management of the $6.6 billion project, the landlocked country's single biggest investment. Lawmakers have argued for a bigger share of profit, while President Tsakhia Elbegdorj wants more management control. He faces elections in June with a fifth of the nation's 3 million people in poverty despite world-beating economic growth of 17.3 percent in 2011.

Rosneft Appeals Termination Claim Against BP, Court Filing Shows

Feb 13, http://www.bloomberg.com/news/2013-02-12/rosneft-appeals-termination-claim-against-bp-court-filing-shows.html

OAO Rosneft filed an appeal over the withdrawal of a 100 billion ruble ($3.3 billion) claim against BP Plc, according to a posting on the website (http://kad.arbitr.ru/Card/607e44c9-755b-4bff-86b6-90784c154519#) of an arbitration court in Omsk, Siberia. BP has received notification of the appeal, Konstantin Lukoyanov, a Moscow-based lawyer for the London-based company, said today by phone.

Rosneft borrows $30bn from banks to buy out TNK-BP

Feb 14, http://rt.com/business/news/rosneft-credit-banks-30-billion-tnk-bp-093/

Russia's oil major Rosneft has agreed for another $13 billion line of credit with a group of international banks to pay for its $55 billion acquisition of TNK-BP. It has now borrowed a total of $30 billion. A syndicate of banks led by Bank of America, Merrill Lynch and Citigroup have agreed to provide the financing to Rosneft, following a similar $16.8 billion deal in December.

Rusal Challenged in Los Angeles Court, Tries New Pressure Tactic in Nigeria, Risks More Secrets in US Court

Feb 14, http://www.businessinsider.com/rusal-challenged-in-los-angeles-court-tries-new-pressure-tactic-in-nigeria-risks-more-secrets-in-us-court-2013-2

In a hearing in federal US District Court in Los Angeles on Tuesday, Rusal was challenged by Judge Carla Woehrle to substantiate its court claims in London and elsewhere against the Nigerian government and a Nigerian-American company, BFI Group (BFIG). Through its US attorney, Jamie Bartlett, Rusal claimed it did not know what, if anything, is happening in the claim it has lodged in the London Court of International Arbitration (LCIA). Bartlett also told the judge that Rusal has launched no other court claims in Nigeria or the US.

Russia hopes to bring offshore business back to Russia - international arbitration center ...

Feb 11, http://rbth.ru/business_news/2013/02/11/russia_hopes_to_bring_offshore_business_back_to_russia_22712.html

"An idea came up, which we support, to set up a special court, an international arbitration center within the framework of the Customs Union," she said at a briefing Friday.

Russia's $50 billion Olympic gamble - Transstroy to pursue arbitration

Feb 21, http://www.reuters.com/article/2013/02/21/russia-sochi-idUSL1N0BL7HF20130221

The soaring costs of Olympic projects have driven officials at Deripaska's company Transstroy to pursue an arbitration battle with Olympstroy, the state-owned company coordinating construction of the venues. Transstroy says costs crept up after it had taken on the project. ... The first hearing at the Moscow Arbitration Court is scheduled for today.

Russia: Eni Seeks to Abolish Take-or-Pay Principle

Feb 21, http://www.themoscowtimes.com/business/article/eni-seeks-to-abolish-take-or-pay-principle/475928.html

Italian oil and gas giant Eni has begun talks with Gazprom to end financial penalties for failure to take agreed amounts of gas, known as the "take or pay" principle, Vedomosti reported, citing a representative of White & Case.

Russia: Gazprom rejects Kiev gas contract plea

Feb 15, http://www.ft.com/intl/cms/s/0/49f8ce1c-75d8-11e2-9891-00144feabdc0.html

Gazprom has rejected an appeal by Kiev to renegotiate its gas supply contract, insisting Ukraine must pay it $7bn for unused gas.

Russia: ICAC's decision invalidating sale of Emfesz for $1 upheld

Feb 28, http://rapsinews.com/judicial_news/20130228/266553292.html

Russia: Rusal offices raided in Russian tax probe

Feb 26, http://www.google.com/hostednews/afp/article/ALeqM5jKJmeaSAvyHDnC1CZInDg5cMSc2A?docId=CNG.78c36afc5381b4873e84555a669f1477.5f1

MOSCOW - Russian investigators on Tuesday said they were searching the Moscow offices of the world's largest aluminium producer Rusal as part of a probe into alleged tax violations which the company dismissed as groundless.

Rwanda promotes arbitration courts

Feb 02, http://www.busiweek.com/news/rwanda/4421-rwanda-promotes-arbitration-courts

KIGALI - Rwanda's Kigali international Arbitration Centre (KIAC) will make a year since it's opening in February last year but it's yet to handle any dispute requiring arbitration.

Saudi Arabia: JCCI honing skills in commercial arbitration

Mar 06, http://www.saudigazette.com.sa/index.cfm?method=home.regcon&contentid=20130306155603

The GCC Commercial Arbitration Center, in collaboration with the Jeddah Chamber of Commerce and Industry, began its last pre-trial phase of developing the arbitrators in a new ensemble for 2013.

Saudi-Arabia: Jeddah Chamber of Commerce and Industry (JCCI) sets programs for commercial arbitrators

Mar 02, http://www.arabnews.com/saudi-arabia/jcci-sets-programs-commercial-arbitrators

"This session developed a culture of commercial arbitration in Saudi Arabia's economic community and serves as an alternative for the settlement of trade disputes; I was pleased to add my experience and knowledge to this program," said Dr. Adli Hammad. "It was my pleasure to shed light on the subject of arbitration and enlarge the spectrum of knowledge for a young Saudi generation of qualified arbitrators who are capable of gaining officially certification in commercial arbitration centers," he added.

Scotland: Call for Mackerel Mediator Backed in Parliament

Feb 08, http://www.thefishsite.com/fishnews/19431/call-for-mackerel-mediator-backed-in-parliament

SCOTLAND, UK - Backing from the First Minister for a mediator to resolve the ongoing dispute on mackerel fishing with Iceland and the Faroe Islands has been welcomed by a Highlands MSP.

Securities Class Action Lawsuit Filed Against YPF Sociedad Anonima

Feb 07, http://www.marketwire.com/press-release/securities-class-action-lawsuit-filed-against-ypf-sociedad-anonima-shareholders-with-nyse-ypf-1753959.htm

Marketwire - A class action lawsuit has been filed on behalf of investors who purchased the American Depositary Shares ("ADSs") of YPF Sociedad Anonima ("YPF" or the "Company") (NYSE: YPF) pursuant or traceable to the Company's March 23, 2011 offering (the "Offering"). The lawsuit, which was filed in the United States District Court for the Southern District of New York, alleges YPF, certain of its officers and directors, and the underwriters of the Offering violated the Securities Act of 1933 (the "Securities Act").

Shell's India unit lands in tax evasion dispute with I-T department

Feb 04, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/shells-india-unit-lands-in-tax-evasion-dispute-with-i-t-department/articleshow/18321673.cms

Anglo-Dutch oil major Royal Dutch Shell Plc said its Indian unit has been in talks with local authorities over a tax dispute, making it the latest global company to have a run-in with tax officials in the country.

Signs of Arabtec and Meydan row over horse racing complex easing

Feb 28, http://www.thenational.ae/thenationalconversation/industry-insights/property/signs-of-arabtec-and-meydan-row-over-horse-racing-complex-easing

Meydan Group, the private developer behind the world's largest horse racing complex, and Arabtec, the country's largest listed construction company, said that they had agreed to hold talks aimed at reaching a settlement in their long quarrel over the contract to build a vast extension to the Meydan racecourse in Dubai.

In a joint statement, the two parties agreed to withdraw their cases from the Dubai International Arbitration Centre while negotiations were in process.

Singapore: Courts to make dispute resolution more affordable

Mar 04, http://news.asiaone.com/A1Business/News/Story/A1Story20130304-406206.html

A new initiative is underway to encourage more litigants to settle disputes out of court by making alternative dispute resolution (ADR) services more affordable, Chief Justice Sundaresh Menon said yesterday.

Singapore: Courts to make dispute resolution more affordable

Mar 04, http://news.asiaone.com/A1Business/News/Story/A1Story20130304-406206.html

A new initiative is underway to encourage more litigants to settle disputes out of court by making alternative dispute resolution (ADR) services more affordable, Chief Justice Sundaresh Menon said yesterday.

South Africa, Japan sign investment pact

Feb 19, http://www.sanews.gov.za/business/sa-japan-sign-investment-pact#.USXh2e2O4_s.twitter

The Department of Trade and Industry (dti) and the Bank of Tokyo-Mitsubishi UFJ Ltd have signed a Memorandum of Understanding (MoU) that will see the two parties collaborate in increasing Japanese investment into South Africa and strengthening relations between the two.

South Africa: Constitutional Court to hear Zimbabwe application

Feb 28, http://www.theinfostrides.com/index.php?topic=119841.0

The Constitutional Court will on Thursday hear argument on whether South African courts can enforce rulings made by the SADC tribunal against Zimbabwe.

The appeal came about after the Southern African Development Community Tribunal ruled in favour of Zimbabwean farmers who challenged that country's land reform policy in 2007.

South Africa: Mineral Resources Minister Shabangu walking indaba tightrope

Feb 04, http://www.bdlive.co.za/businesstimes/2013/02/03/shabangu-walking-indaba-tightrope

GLOBAL investors will watch Mineral Resources Minister Susan Shabangu like a hawk when she delivers the keynote address at the Mining Indaba, which begins in Cape Town on Monday.

At stake are billions of dollars in foreign investment, already jittery following months of violent labour protests, job losses, mine shut-downs and threats of higher taxes.

South Africa: New Expropriation Bill 'consistent with spirit of constitution'

Mar 14, http://www.bdlive.co.za/business/2013/03/14/new-expropriation-bill-consistent-with-spirit-of-constitution

THE Cabinet has approved the release of the Expropriation Bill, which will repeal the current Expropriation Act and ensure "consistency with the spirit and provisions of the constitution", a statement on Thursday said.

South Africa: New law to deal with compensating foreign investors for expropriation

Feb 15, http://www.bdlive.co.za/business/2013/02/15/new-law-to-deal-with-compensating-foreign-investors-for-expropriation

ONE of the most contentious issues dealt with in a draft new Foreign Investment Bill, which the Department of Trade and Industry will present to an interministerial committee in the next few months, will deal with how the South African government will compensate foreign investors in the event of expropriation, deputy director-general of international trade Xavier Carim said on Friday.

Southern EU States Want Exemptions From US-EU Free Trade Talks

Feb 19, http://www.spiegel.de/international/world/southern-eu-states-want-exemptions-from-us-eu-free-trade-talks-a-884022.html

Germany wants the planned free-trade pact between the US and EU to be as broad as possible, but France and other Southern European nations want a number of issues affecting their farming industries to be excluded from the talks. Washington could run out of patience.

SouthGobi Updates on Mongolian Independent Anti-Corruption Agency Investigation and Receipt of a Pre-Mining Agreement

Feb 7, http://www.southgobi.com/i/pdf/PR-Update-on-Mongolian-IAAC-Investigation-20-e.pdf

SouthGobi Updates on Mongolian Independent Anti-Corruption Agency Investigation and Receipt of a Pre-Mining Agreement

Hong Kong - SouthGobi Resources Ltd. (TSX: SGQ, HK: 1878) ("SouthGobi" or the "Company") notes recent public statements and Mongolian media reports referencing SouthGobi's wholly owned subsidiary, SouthGobi Sands LLC ("SGS"), in connection with the recent trial and conviction of the former Chairman and the former director of the Geology, Mining and Cadastral Department of the Mineral Resources Authority of Mongolia ("MRAM"), and others. The Company also wishes to update recent developments in relation to the current investigation being conducted by the Mongolian Independent Authority Against Corruption (the "IAAC") and the Company's receipt of a Pre-Mining Agreement ("PMA").

While neither the Company nor SGS has been provided with a copy of the decision in the above-noted MRAM criminal case, various sources have reported details of the verdict. A number of these reports suggest the court referred to two matters specifically involving SGS; firstly, an alleged failure to meet the minimum expenditure requirements required under Mongolian mining law in relation to four exploration licenses (including License 9442X), and secondly, an alleged impropriety in the transfer of a fifth license (License 5261X) to a third party in March 2010 in violation of Mongolian anti-corruption laws.

Of the first four licenses, Licenses 5259X, 5277X and 12388X lapsed between November 2009 and December 2011. Only License 9442X is a current license held by SGS. This license does not contain any of SouthGobi's resources or reserves. The license does not relate to the Company's Ovoot Tolgoi mine and the Company does not consider it to be material to its business.

The IAAC has informed SGS that orders placing administrative restrictions on certain of its Mongolian assets, including local bank accounts, have been imposed in connection with its continuing investigation. While the orders restrict the use of in-country funds pending the outcome of the investigation, they are not expected to have any material impact on the Company's activities. SouthGobi is reviewing the legal process under which the orders were imposed and intends to take all necessary steps to protect its ability to continue to conduct its business activities in the ordinary course.

Neither SouthGobi nor any of its employees have been charged with any wrongdoing. SouthGobi is investigating the issues that have been raised and continues to cooperate with the Mongolian government agencies, including the IAAC, in their ongoing investigations.

In other developments, the Company notes that a PMA for License 9443X was approved and signed by SGS and MRAM on 18 January 2013. License 9443X is an area which complements SouthGobi's existing mining license for the Soumber Deposit. The Company now intends to proceed through the mining license application process in respect of License 9443X.

In addition to the PMA, SGS holds four exploration licenses, including license 9442X, that are currently subject to valid PMA applications with MRAM.

Sudan: New Investment Act is Solving to Impediments Facing Investment - Shawer

Feb 11, http://news.sudanvisiondaily.com/details.html?rsnpid=219229

The Secretary General of the National Investment Organ, Ahmed Mahmoud Shawer, said that the new Investment Act has established courts and attorney offices to rule as quickly as possible in the cases of investment in Sudan.

Taiwan urged to first sign investment pact with U.S. - Roy Lee

Mar 11, http://focustaiwan.tw/ShowNews/WebNews_Detail.aspx?Type=aALL&ID=201303110015

CNA - Taiwan should put a priority on signing a bilateral investment agreement (BIA) with the United States after the two sides resumed long-stalled trade talks Sunday, a scholar urged Monday.

Talisman Energy Announces Financial Settlement on Yme Project

Mar 12, http://talismanenergy.mwnewsroom.com/press-releases/talisman-energy-announces-financial-settlement-on--tsx-tlm-201303120859233001

CALGARY, ALBERTA--(Marketwire - March 12, 2013) - Talisman Energy Norge AS (Talisman), (TSX:TLM) (NYSE:TLM) on behalf of its joint venture partners, has reached an agreement with SBM Offshore to terminate the YME MOPUstor™ project, including scrapping the existing above-surface structure, and ending all joint activity for an agreed cost.

"This is a good settlement for Talisman, the Yme partners and Norway," said Paul Warwick, Executive Vice-President, Europe-Atlantic. "This arrangement should allow the partners to move forward to examine options for the Yme field, without incurring significant additional costs related to the existing topsides. Recent analysis has concluded that a new topsides solution is needed in order to develop the Yme field. Our first priority will be to remove the existing platform, safely and expeditiously."

Following an extended period of operational and execution delays, the decision has been taken to have Talisman remove the MOPU (Mobile Offshore Production Unit), which will subsequently be scrapped by SBM Offshore, the unit's owner. Ownership of the in situ subsea structure will be transferred from SBM Offshore to the Yme license holders, as they assess alternative development concepts for the field.

Subject to an upfront settlement payment of US$470 million made by SBM Offshore, Talisman will complete the work necessary to ensure safe re-manning and will then remove the MOPU from the Yme field. SBM Offshore will manage the transportation and ultimate scrapping of the facility.

All parties will terminate the existing agreements and arbitration procedures with respect to the Yme project.

Tanzania: Appeal court throws away Dowans plea

Mar 06, http://thecitizen.co.tz/news/4-national-news/29358-appeal-court-throws-away-dowans-plea.html

The Court of Appeal threw away with costs an application by Dowans Company requesting the court to strike out a notice of appeal filed by Tanesco objecting to pay over Sh122 billion. According to its ruling read yesterday by the deputy registrar, Ms Ester Mkwizu, the firm's application was pre-maturely brought to the court.

Tanzania: Tanesco Deposits Sh48 Billion to Secure Dowans Case Appeal

Feb 06, http://allafrica.com/stories/201302060108.html

THE Tanzania Electric Supply Company (Tanesco) has been forced to pay 30 million US dollars (about Sh48 billion) as security to safeguard its case pending before the Court of Appeal, challenging payment of 65,812,630 US dollars (about Sh105 billion) to two Dowans Companies.

Tanzania: Tanesco, Dowans Battle Heads to Court of Appeal

Feb 11, http://allafrica.com/stories/201302112025.html

Dar es Salaam, Tanzania - The legal battle between the Tanzania Electric Supply Company Limited (TANESCO) and the Dowans Holdings (Costa Rica),is headed for Tanzania's Court of Appeal.

Telekom and Eutelsat settle in slot dispute

Feb 28, http://www.eutelsat.com/news/compress/en/2013/html/PR%201913%2028.5/PR%201913%2028.5.html

Statement on use by Eutelsat of German filing at 28.5° East

Paris, 28 February 2013 - Eutelsat and Deutsche Telekom AG have reached a final settlement to the dispute regarding the duration of Eutelsat's right to use a German filing at the 28.5° East orbital position, without prejudice to the parties' respective positions concerning the subject of the dispute.

Both parties have consequently agreed that arbitration proceedings initiated in 2011 before the International Court of Arbitration of the International Chamber of Commerce will be terminated. The Court of Arbitration is shortly expected to issue a decision by consent which will reflect the settlement agreed by both parties.

The exact terms of the settlement will remain confidential.

Tessera Wins Key Ruling in Arbitration Versus Amkor - Expects Over $130M in Additional Revenue

Feb 20, http://www.tessera.com/abouttessera/pressroom/Pages/newsreleases.aspx?releaseId=741970

BUSINESS WIRE -- Tessera Technologies, Inc. (NASDAQ: TSRA) (the "Company") announced today that the International Court of Arbitration of the International Chamber of Commerce (ICC) issued an award in favor of Tessera, Inc. in its dispute with Amkor Technology, Inc. Based on a preliminary review of the award, Tessera, Inc. now expects to receive in excess of $130 million from Amkor, in addition to the approximately $20 million Amkor paid to Tessera, Inc. in the third quarter of 2012 in connection with the current dispute.

"We help advance innovation by rewarding engineers whose inventions have been successfully implemented by commercial entities," said Bernard J. "Barney" Cassidy, president of Tessera Intellectual Property Corp. "We are grateful that the tribunal has ruled in our favor in this dispute - by doing so they have confirmed the strength of the Tessera, Inc. patent portfolio as well as the bedrock legal principle that companies should abide by their agreements."

The current arbitration, which began in 2009, marks the second time the two companies have gone to the ICC to resolve the amount of royalties owed in connection with the now-terminated patent license agreement. The first arbitration lasted three years and in 2009 resulted in an award to Tessera, Inc. of $64.1 million. The next part of the current arbitration will involve calculations by damages experts to determine the precise amount owed. Under the rules of the case and of the ICC, the parties have only a limited ability to make public disclosures about the arbitration. As such, the precise amount and timing of Amkor's payment is not available.

Tessera, Inc. will also continue to pursue additional patent damages and equitable remedies in further proceedings before the ICC, as well as in the United States District Court, based in part on the arbitration tribunal's finding that Amkor's advanced packaging technology uses Tessera, Inc.'s intellectual property.

The Case for TAFTA - By Kati Suominen

Feb 14, http://www.foreignpolicy.com/articles/2013/02/13/the_case_for_tafta_us_europe_free_trade

"A deal without substance would be an epic lost opportunity: Much like the North American Free Trade Agreement (NAFTA) launched in 1994, TAFTA represents a game-changer in the global trading system that is in a deep crisis after 12 years of fruitless Doha Round talks.

The United Nations Convention on the Use of Electronic Communications in International Contracts Enters into Force on 1 March 2013

Mar 01, http://www.unis.unvienna.org/unis/pressrels/2013/unisl181.html

UN Information Service - The United Nations Convention on the Use of Electronic Communications in International Contracts entered into force on 1 March 2013. The Convention aims at enhancing legal certainty and commercial predictability where electronic communications are used in relation to international contracts. Hence, its adoption by States would provide a significant contribution to trade facilitation through the creation of an enabling environment for paperless trade.

The United States Senate Committee on Finance: Baucus, Hatch Outline Priorities for Potential U.S.-EU Trade Agreement

Feb 12, http://www.finance.senate.gov/newsroom/chairman/release/?id=17b2fd73-067d-4a4a-a50f-a00265efbf67

Washington, DC - Senate Finance Committee Chairman Max Baucus (D-Mont.) and Ranking Member Orrin Hatch (R-Utah) today laid out their priorities to United States Trade Representative (USTR) Ron Kirk for a potential free trade agreement (FTA) between the U.S. and European Union (EU). In their letter to Ambassador Kirk, the senators set high-standard expectations for any FTA.

Timor Leste removes Australian company from gas project

Feb 21, http://www.channelnewsasia.com/stories/afp_asiapacific_business/view/1255545/1/.html

Timor Leste's petroleum and natural resources minister said on Thursday the nation may develop a multi-billion dollar gas project alone, ending its involvement with Australia's Woodside Petroleum.

Transcript: Briefing by USTR Ambassador Ron Kirk and Deputy National Security Advisor Michael Froman on US-EU Trade Negotiations

Feb 13, http://www.ustr.gov/about-us/press-office/press-releases/2013/february/transcript-briefing-us-eu

Press Briefing by USTR Ambassador Ron Kirk and Deputy National Security Advisor Michael Froman on US-EU Trade Negotiations

Tribunal Finds Ecuador in Breach of Legal Obligations in Chevron Dispute

Feb 08, http://www.rigzone.com/news/oil_gas/a/124192/Tribunal_Finds_Ecuador_in_Breach_of_Legal_Obligations_in_Chevron_Dispute

An arbitration panel in The Hague said Ecuador should have prevented plaintiffs in a $19 billion award against Chevron Corp. from taking their battle to other countries, and needs to justify why its government shouldn't be held responsible for the costs.

Trinidad and Tobago: Court-Annexed Mediation

Mar 07, http://www.newsday.co.tt/businessday/0,174503.html

THE experiences of many regional and international jurisdictions have proven that court annexed mediation increases access to justice. It supports and complements court reform and assists in alleviating backlogs, reducing delays, managing case loads and streamlining procedures to accelerate case disposition.

The Chamber was therefore very pleased at the opportunity afforded to our Dispute Resolution Centre to be a part of the 2013 Alternative Dispute Resolution Pilot Project. At its launch on January 23, Chief Justice Ivor Archie issued a call to all judges, attorneys and litigants to work together on the project, which incorporates two distinct streams: Court Annexed Mediation and Judicial Settlement Conferencing. The Court-Annexed module will be facilitated by Certified Mediators on the roster of the Dispute Resolution Centre, while the Judical settlement Conferencing will be facilitated by Judicial Officers and Senior Counsel.

The outcome of this project will inform the Judiciary's introduction of a permanent and extended suite of dispute resolution options which would be offered to litigants when a matter is filed at the Court.

Turkey Ministry of Foreign Affairs: Press Release Regarding the Declaration of Greece to the United Nations / Rep. of Turkey Ministry of Foreign Affairs

Feb 22, http://www.mfa.gov.tr/no_-46_-22-february-2013_-press-release-regarding-the-declaration-of-greece-to-the-united-nations.en.mfa

It has been learned that Greece has registered its views at the United Nations (UN) concerning the Greek continental shelf in the context of the permits granted by Turkey to the Turkish Petroleum Corporation (TPAO) in our continental shelf in the Eastern Mediterranean. The said claims of Greece have no basis in international law.

As a matter of fact, Greece has expressed such claims through its demarches at bilateral level, and Turkey has given necessary responses to them. This time, Turkey will take the reciprocal steps also at the UN.

The permits granted by Turkey to TPAO since 2007 remain within the limits of the Turkish continental shelf in the Eastern Mediterranean and Turkey possesses sovereign rights for exploration and extraction of the natural resources in these areas. Turkey will continue to use its rights emanating from international law.

While necessary steps will be taken for the protection of our sovereign rights, our policy of continuing to develop our relations with Greece and of utilizing the channels of dialogue established to solve the existing problems will be maintained.

Turkey: Istanbul to have its own arbitration court

Mar 15, http://www.hurriyetdailynews.com/istanbul-to-have-its-own-arbitration-court.aspx?pageID=238&nID=42987&NewsCatID=344

Turkey is set to establish a privately managed arbitration center in Istanbul in which companies can apply to solve their problems before filing lawsuits at courts, the deputy prime minister has said.

"We're establishing a new body which will be mainly managed by private-sector representatives for companies to be able solve their problems and disputes at a center also headed by the private sector," Deputy Prime Minister Ali Babacan said.

Turkish Business Leader to Head Jerusalem Arbitration Center (JAC)

Mar 18, http://www.hurriyetdailynews.com/turkish-boss-to-arbitrate-israel-palestine-trade.aspx?pageID=238&nID=43148&NewsCatID=344

Turkey's top boss Rifat Hisarciklioglu will head the Jerusalem Arbitration Center, which will mediate commercial disputes between Israel and Palestine

The Israeli and Palestinian business communities have picked top Turkish businessman Rifat Hisarciklioglu as the sole international head of the Jerusalem Arbitration Center (JAC), which mediates commercial conflicts between their business groups.

U.S. Trade Representative Kirk Seeks World Trade Organization Dispute Settlement on Indonesia's Import Restrictions on Horticultural and Animal Products

Mar 15, http://www.ustr.gov/about-us/press-office/press-releases/2013/march/ustr-kirk-wto-dispute-indonesia

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 Indonesia's trade-restrictive measures applied to horticultural products, animals, and animal products. Indonesia has created a complex web of import licensing requirements that, along with quotas, have the effect of unfairly restricting U.S. exports. These measures appear to be designed to protect Indonesia's domestic agriculture industry.

U.S. urges Ukraine not to renegotiate its WTO commitments

Mar 14, http://www.kyivpost.com/content/ukraine/us-urges-ukraine-not-to-renegotiate-its-wto-commitments-321666.html

The United States on Wednesday urged Ukraine not to renegotiate its World Trade Organisation commitments, warning the move could trigger a chain reaction and bring down the whole global trade system.

U.S., EU Announce Decision to Launch Negotiations on a Transatlantic Trade and Investment Partnership

Feb 13, http://www.ustr.gov/about-us/press-office/press-releases/2013/february/statement-US-EU-Presidents

Washington, D.C. - We, the Leaders of the United States and the European Union, are pleased to announce that, based on recommendations from the U.S.-EU High Level Working Group on Jobs and Growth co-chaired by United States Trade Representative Kirk and European Trade Commissioner De Gucht, the United States and the European Union will each initiate the internal procedures necessary to launch negotiations on a Transatlantic Trade and Investment Partnership.

Uganda: US firm to defend government in fresh Tullow lawsuit

Feb 19, http://www.monitor.co.ug/News/National/US-firm-to-defend-government-in-fresh-Tullow-lawsuit/-/688334/1697604/-/ta51km/-/index.html

Curtis, Mallet-Provost, Colt & Mosle LLP also represents Uganda at the ongoing parallel $404 million capital gains tax dispute adjudication in London that Tullow initiated against Uganda and Heritage oil company.

UK: Plans for rules on government contracts attacked

Feb 15, http://www.ft.com/intl/cms/s/0/b153935c-76b5-11e2-ac91-00144feabdc0.html

Business groups have criticised Danny Alexander's plans to bring in new rules to allow officials to ban tax avoiders from winning government contracts. The Treasury chief secretary announced on Thursday that any company bidding for a contract worth £2m or more would have to sign a declaration that it had at no point in the previous 10 years failed to comply with wide-ranging tax abuse rules.

Ukraine government cancelled a five-year old resolution that had abolished a natural gas production sharing agreement with Vanco International

Feb 12, http://www.ukrainianjournal.com/index.php?w=article&id=16008

The move suggests that Vanco, which leads an international consortium for exploration and development of Ukraine's Black Sea offshore areas, may finally go ahead with the project.

Ukraine on Course to Sign EU Deal, Energy Reforms Underway-Official

Mar 06, http://www.foxbusiness.com/news/2013/03/06/ukraine-on-course-to-sign-eu-deal-energy-reforms-underway-official/

"There is no plan B," Yulia Lyovochkina, a lawmaker who is part of the government's delegation to the Council of Europe's parliamentary assembly, said in an interview with Dow Jones Newswires.

She said Kiev had a "very optimistic feeling" after a Feb. 25 meeting with EU officials that paves the way for an Association Agreement to be signed in November.

Ukraine seeks spot supply from Europe to replace Russian gas

Feb 26, http://www.reuters.com/article/2013/02/26/ukraine-gas-imports-idUSL6N0BQ59B20130226

Ukraine seeks talks on 'unfair' $7 bn Gazprom bill

Feb 06, http://www.france24.com/en/20130206-ukraine-seeks-talks-unfair-7-bn-gazprom-bill

"We told Gazprom that we think this bill is unfair, and we are ready to further analyse this issue in negotiations with Russia," Yanukovych told journalists through a translator during a visit to Lithuania.

Ukraine: DTEK retains interest in privatization of Ukrainian power generating and supply companies

Jan 30, http://www.kyivpost.com/content/business/dtek-retains-interest-in-privatization-of-ukrainian-power-generating-and-supply-companies-319538.html

"We're still interested in Ukrainian power generation. We have a chance to increase the generation share in line with antimonopoly restrictions," he said on the sidelines of events organized by the Victor Pinchuk Foundation as a part of the World Economic Forum in Davos.

Ukraine: Reports of Naftogaz losing billions in Stockholm arbitration court dubious

Feb 22, http://www.kyivpost.com/content/business/reports-of-naftogaz-losing-billions-in-stockholm-arbitration-court-dubious-320768.html

"The Thursday reports saying that Naftogaz lost a court dispute [to the tune of] $3.9 billion in Stockholm arbitration are totally untrustworthy. The material completely distorts the content of the Stockholm Arbitration Court ruling in the IUGAS suit against Naftogaz," Chaly told Interfax-Ukraine. ... At the end of the day, Kommersant-Ukraine confirmed that the report it had published was incorrect.

Ukrainian President: 'Gas contract with Russia is killing us'

Mar 04, http://rt.com/business/gas-contract-gazprom-losses-685/

Ukraine's 10-year gas contract with Russia's Gazprom is costing the country $6bln according to President Viktor Yanukovych. The deal was brokered in 2009 by then Prime Minister Yulia Tymoshenko.

United States and Egypt Meet to Discuss Ways to Expand U.S.-Egyptian Trade and Investment

Feb 06, http://www.ustr.gov/about-us/press-office/press-releases/2013/february/us-egypt-meet

Deputy United States Trade Representative Miriam Sapiro and Egyptian First Under Secretary of Industry and Foreign Trade and Head of the Commercial Service Anwar Elsahragty met this week to discuss ways to expand U.S.-Egyptian trade and investment ties. The meeting demonstrated the continuing close friendship and collaboration that characterizes the relations between the United States and Egypt. During the meeting, both sides agreed that greater economic cooperation will benefit both countries by supporting sound government policies that create jobs, boost investment, and fuel economic growth.

Ambassador Sapiro and Undersecretary Elsahragty made significant progress in negotiations over establishing a new trade facilitation protocol and adopting core information communication and technology principles. They also committed to specific actions to cooperate in the areas of small-and medium-sized enterprise development, agriculture, standards, good regulatory practices and intellectual property rights protection.

In the months ahead, the United States and Egypt will pursue intensified cooperation on economic, trade, and investment issues. These efforts will serve as a welcome complement to expand bilateral engagement.

United States Challenges India's Restrictions on U.S. Solar Exports

Feb 06, http://www.ustr.gov/about-us/press-office/press-releases/2013/february/us-challenges-india-restrictions-solar

Enforcement Action Combats Barriers to U.S. Clean Energy Products - Washington, D.C. - United States Trade Representative Ron Kirk announced today that the United States has requested World Trade Organization (WTO) dispute settlement consultations with the Government of India concerning domestic content requirements in India's national solar program. India's program appears to discriminate against U.S. solar equipment by requiring solar energy producers to use Indian-manufactured solar cells and modules and by offering subsidies to those developers for using domestic equipment instead of imports. These forced localization requirements of India's national solar program restrict India's market to U.S. imports. Tackling these barriers is a top priority of the Obama Administration.

United States of America and the Republic of Iraq Announce Progress on Entry into Force of Trade and Investment Framework Agreement

Mar 07, http://www.ustr.gov/about-us/press-office/press-releases/2013/march/US-Iraq-TIFA-progress

Baghdad - The United States and Iraq today announced that the bilateral United States-Iraq Trade and Investment Framework Agreement (TIFA), first negotiated in 2005, is likely to enter into force later this year, providing a bilateral forum devoted to fostering greater trade and investment between our two countries. The announcement follows the Iraq Council of Representatives' recent ratification of the TIFA text and bilateral meetings in Baghdad this week.

After an exchange of diplomatic notes brings the TIFA into force later this year, the first meeting of the Joint Council for bilateral consultations on trade and investment issues can take place in 2014. Intended to continue efforts to improve the economic relationship between the United States and Iraq, Joint Council meetings will provide a permanent forum for annual senior-level discussions on trade and economic issues including services, transparency, worker rights and intellectual property.

Two-way trade between the United States and Iraq in 2012 was $21.3 billion, with U.S. exports to Iraq at $2.04 billion, and Iraqi exports to the United States at $19.3 billion. Over the past several years, U.S. companies in the energy, defense, information technology, automotive, and transportation sectors have become increasingly active in Iraq.

US Coast Guard Found 16 Violations on Noble Discoverer

Feb 23, http://sewardcitynews.com/2013/02/coast-guard-found-16-violations-on-noble-discoverer/

The Coast Guard found 16 violations on the 571-foot Noble Discoverer after it completed drilling this summer in the Chukchi Sea off Alaska's northern coast. The violations included fire hazards and problems with the propulsion system that didn't allow the ship to operate at a sufficient speed at sea to safely maneuver in all expected conditions.

US cos spend $212 mn on India-focussed lobbying in 2012

Feb 10, http://www.firstpost.com/business/us-cos-spend-212-mn-on-india-focussed-lobbying-in-2012-619974.html

Washington: A handful of about 20 US-based companies and industry bodies spent more than $200 million (over Rs 1,000 crore) during 2012 on lobbying among the American lawmakers for their Indian business interests and other issues affecting their businesses globally.

US court upholds ADIA, Citigroup arbitration ruling

Mar 06, http://www.ameinfo.com/court-upholds-adia-citigroup-arbitration-ruling-332219

A US federal judge has rejected a bid by the Abu Dhabi Investment Authority (Adia) to overturn an arbitration panel's ruling favouring Citigroup Inc. in a dispute over a $7.5bn investment by the fund in the bank, Reuters has reported.

US: American Petroleum Institute takes its E15 dispute to the Supreme Court

Feb 21, http://www.api.org/news-and-media/news/newsitems/2013/feb-2013/api-appeals-e15-decision-to-us-supreme-court.aspx

"We've filed this petition because the D.C. Circuit incorrectly concluded that none of the 17 petitioners had standing to challenge the E15 partial waivers - not the engine manufacturers whose products will run on this new fuel blend, not the petroleum industry who must undertake massive infrastructure changes to accommodate the blend and meet the renewable fuel mandate, and not the food producers who now face significantly greater competition in the commodities market for corn, the conventional feedstock for ethanol.

US: Anika heads to arbitration over Merogel injectable

Mar 18, http://www.bizjournals.com/boston/blog/bioflash/2013/03/anika-heads-to-arbritation-over.html

Anika Therapeutics's stock dropped 4 percent on Friday, the same day the company filed its annual report with the Securities and Exchange Commission disclosing that it has begun the arbitration process in the London Court of International Arbitration to recoup losses associated with a case involving its MeroGel injectable, a product it had to pull off the market.

US: Arbitration case this term could lead to broadest ruling against class actions

Feb 12, http://www.dailyreportonline.com/PubArticleDRO.jsp?id=1202587780643&rss=rss_ga_news&slreturn=20130112055942

Two terms ago, the U.S. Supreme Court dealt a near-death blow to consumer class actions in an arbitration ruling. This term, the justices may finish the job.

US: Arbitration Panel reviews and enters settlement agreement in Master Settlement Agreement disputed payments case

Mar 13, http://investor.shareholder.com/common/download/download.cfm?CompanyID=RAI&FileID=645271&FileKey=8aedb459-3023-474c-bfb3-689b9bced8d3&FileName=2013-02_Arbitration_panel_press_release_draft_031313_2_.pdf

WINSTON-SALEM, N.C., March 13, 2013 -- On March 12, 2013, the Arbitration Panel hearing R.J. Reynolds Tobacco Company's claim related to its 2003 Master Settlement Agreement (MSA) payment issued an order authorizing the implementation of the Term Sheet announced in December among the company, various other tobacco manufacturers, 17 states, the District of Columbia and Puerto Rico. As a result of the Panel's order, the Term Sheet is now binding on all signatories.

Under the Term Sheet, based on the jurisdictions that have joined the agreement thus far, R.J. Reynolds will receive credits, currently estimated to be more than $1 billion, with respect to its Non-Participating Manufacturer (NPM) Adjustment claims related to 2003 through 2012. These credits will be applied against the company's MSA payments over the next five years.

The current arbitration, related to the 2003 NPM Adjustment, will proceed to its conclusion as to those contested states that have elected not to join the settlement agreement. Decisions as to these states are expected from the Arbitration Panel by the end of 2013.

Several states who are not signatories to the Term Sheet have stated that they may seek relief in state court to prevent the settlement from proceeding.

US: Ecosphere Serves Halliburton With $300 Million Demand for Arbitration

Feb 22, http://ir.stockpr.com/ecospheretech/company-news/detail/824/ecosphere-serves-halliburton-with-300-million-demand-for-arbitration

Halliburton Faces Allegations of Stealing Guarded Trade Secrets and Violating Confidentiality Agreements

STUART, Fla., Feb. 21, 2013 (GLOBE NEWSWIRE) -- Ecosphere Technologies, Inc. (OTCBB: ESPH), a water engineering, technology licensing and innovative manufacturing company, today announced that its counsel Leopold Law has issued the following press release:

Ecosphere Technologies, Inc. ("Ecosphere") put Halliburton Energy Services, Inc. ("Halliburton"), on notice today of a Demand for Arbitration that is being filed with the American Arbitration Association, alleging that Halliburton took and disclosed Ecosphere's trade secrets and proprietary technical, business and strategic information. Ecosphere demands $300 Million in damages in the filing, alleging specifically that Halliburton both breached a non-disclosure agreement with Ecosphere, and that Halliburton stole, converted or misappropriated Ecosphere's trade secrets, all relating to Ecosphere's green technology business model to treat and recycle water used during hydraulic fracturing or "fracking" operations for oil and natural gas.

Ecosphere developed a novel business platform and supporting technology to treat and recycle "flowback" and "produced water" for use as a bacteria-free and scale-free fracturing fluid. The revolutionary platform not only provided an environmentally appealing alternative to the current system but also provided considerable cost saving measures. The average unconventional shale well requires 5.2 million gallons of clean water as a fracturing fluid to allow the release of oil and natural gas. After injection, the fluid that flows back up the wellbore is normally contaminated with heavy metals, volatile organic compounds and bacteria, and is treated as contaminated wastewater. Ecosphere developed a system to treat the flowback and produced water without the use of liquid chemicals, for use as a fracturing fluid. The breakthrough does and will continue to greatly reduce the environmental impact traditionally associated with hydraulic fracturing, and has been proven to significantly increase productivity in hydraulic fracturing operations.

Ecosphere spent greater than $70 Million between 1998 and 2007 to develop its proprietary broad spectrum advanced oxidation process, now trademarked as Ozonix®, which uses ozone, hydrodynamic cavitation, acoustic cavitation and electro chemical oxidation to treat produced fluids. In 2008, Ecosphere developed the ability to use Ozonix directly at a well site, at the flow rate of the frack (up to 5,000 gallons per minute), thereby lowering the costs and environmental impact of both disposing of flowback and produced water, and sourcing new water to continue fracking. Ecosphere named the treated produced fluid Ecos-Brine®.

In December 2008, Ecosphere field-tested the process at several horizontal Woodford Shale wells near Coalgate, Oklahoma, resulting in the publication of a scientific paper describing the success, entitled "Breakthrough Mobile Water Treatment Converts 75% of Fracturing Flowback Fluid to Fresh Water and Lowers CO2 Emissions". Soon thereafter, Ecosphere alleges that Halliburton faced significant political and public pressure to eliminate the toxic chemicals they sold to energy exploration companies, including the introduction in June 2009 of legislation called the "Fracking Responsibility and Awareness of Chemicals Act" aimed at closing the "Halliburton Loophole". Halliburton therefore approached Ecosphere to explore potential opportunities to work together.

Ecosphere and Halliburton entered into a Joint Confidentiality Agreement that prohibited Halliburton from the unauthorized use or disclosure of Ecosphere's trade secrets and proprietary information, and pursuant to the Agreement provided Halliburton unfettered access to Ecosphere's technological, strategic and business trade secrets. After Halliburton made an offer to purchase Ecosphere and negotiations broke down, Ecosphere alleges Halliburton wrongfully used Ecosphere's trade secrets to immediately market itself as an environmentally friendly company, form a venture known as Blu Energy Solutions to "provide well-site recycling technologies and holistic water management solutions to the oil and gas industry with the goal of reducing disposal costs and minimizing waste volumes" and acquire trademarks and patents.

Trial Attorneys Theodore Leopold and Gregory Weiss of Leopold Law, P.A. and Patent Attorney Michael Slavin of McHale & Slavin, P.A., both in Palm Beach Gardens, Florida, represent Ecosphere in this demand for arbitration. Upon submitting this claim, Mr. Weiss commented, "Halliburton clearly saw our client's innovative product as both a valuable asset and a threat to their own business model. We believe they deliberately ignored their obligations under the confidentiality agreement and misappropriated Ecosphere's highly guarded trade secrets for their own use." Michael Slavin added, "Ecosphere spent significant time and resources developing its cutting edge green technology trade secrets and related IP, only to have the highest level Halliburton decision-makers use them as their own."

US: Fluor swings to loss on arbitration charge (Greater Gabbard Offshore Wind Farm Project)

Feb 21, http://www.marketwatch.com/story/fluor-swings-to-loss-on-arbitration-charge-2013-02-20

The latest quarter includes a charge of $265 million, or $1.61 a share, following an adverse arbitration decision related to the company's efforts to recover some costs tied to the Greater Gabbard Offshore Wind Farm Project. See http://investor.fluor.com/phoenix.zhtml?c=124955&p=newsarticle&id=1759922

US: Hualapai Tribe to appeal $28M arbitration ruling

Feb 26, http://washingtonexaminer.com/hualapai-tribe-to-appeal-28m-arbitration-ruling/article/feed/2074936

AP - A federal court recently upheld the judgment in favor of David Jin, a Las Vegas developer who paid to have the Grand Canyon Skywalk built on tribal land.

US: Justice secretary calls on world to bring legal disputes to UK

Mar 14, http://www.guardian.co.uk/law/2013/mar/14/justice-secretary-legal-disputes-uk, http://www.guardian.co.uk/law/2013/mar/14/justice-secretary-legal-disputes-uk

Launching a fresh initiative to promote British courts and arbitration panels, the justice secretary, Chris Grayling, welcomed the annual £3.5bn brought in from abroad by lawyers.

US: Justices Appear Skeptical About Challenge to Arbitration Requirements

Feb 28, http://www.nytimes.com/2013/02/28/business/justices-appear-skeptical-about-challenge-to-arbitration-requirements.html?_r=0

WASHINGTON - The Supreme Court considered on Wednesday whether to expand on its recent rulings allowing companies to avoid class-action lawsuits by insisting that customers resolve complaints through arbitration.

US: N.J. to launch mediation program for Hurricane Sandy insurance disputes

Feb 27, http://www.nj.com/business/index.ssf/2013/02/nj_to_launch_mediation_program.html

Policyholders at odds with their insurer over Hurricane Sandy-related claims soon will have a more cost-effective and efficient way to resolve their differences over coverage, the Christie administration announced today.

US: Statement by Acting U.S. Trade Representative Demetrios Marantis on Japan's Announcement Regarding the Trans-Pacific Partnership

Mar 15, http://www.ustr.gov/about-us/press-office/press-releases/2013/march/amb-marantis-statement-japan-tpp

Today, Acting U.S. Trade Representative Demetrios Marantis commented on the announcement made by Prime Minister Shinzo Abe of Japan regarding the Trans-Pacific Partnership (TPP):

"The United States welcomes Prime Minister Abe's important announcement formally expressing Japan's interest in joining the Trans-Pacific Partnership negotiations," said Ambassador Marantis. "Since early last year, the United States has been engaged with Japan in bilateral TPP consultations on issues of concern with respect to the automotive and insurance sectors and other non-tariff measures, and also conducting work regarding meeting TPP's high standards.

"While we continue to make progress in these consultations, important work remains to be done. We look forward to continuing these consultations with Japan as the 11 TPP countries consider Japan's candidacy for this vital initiative in the Asia-Pacific region. We will continue to consult with Congress and stakeholders as we proceed."

US: SunTrust sues to stop hedge fund's $13 mln FINRA arbitration

Feb 06, http://www.reuters.com/article/2013/02/07/suntrust-finra-idUSL1N0B6LT620130207?feedType=RSS&feedName=fundsFundsNews

Reuters - SunTrust Banks Inc sued a Connecticut-based hedge fund on Wednesday to block arbitration of a $13 million dispute over mortgage-backed securities.

US: Supreme Court to Hear Closely Watched Arbitration Case

Feb 26, http://www.commondreams.org/newswire/2013/02/26-1

Public Citizen: A pivotal case concerning the anti-consumer practice of forced arbitration will be argued before the U.S. Supreme Court on Feb. 27. In American Express v. Italian Colors Restaurant, the court will decide whether the financial services giant American Express (Amex) can force merchants who accept its charge cards to pursue any claims against it in one-on-one arbitration - even when the arbitration will prevent merchants from pursuing their rights under the law.

Uzbekistan: Oxus Gold adjusts equity funding for more certainty

Mar 14, http://www.proactiveinvestors.co.uk/companies/news/54733/oxus-gold-adjusts-equity-funding-for-more-certainty-54733.html

Oxus Gold (LON:OXS) has told investors that has amended the terms of an equity funding facility so that it can manage its monthly cash-flow with more certainty.

It stuck the original deal for £3mln in August with Darwin Strategic, a subsidiary of Henderson Global Investors Volantis Capital.

Under this new arrangement it can access up to £3.6mln over an eighteen month period.

Oxus says the facility allows it to both minimise dilution and provide a level of certainty over its working capital requirements, which means its management team can focus its full attention on the international arbitration against the Uzbekistan government.

Venezuela: Gold Reserve Inc. Updates Shareholders on Arbitration and NYSE-MKT Listing

Feb 5, http://www.goldreserveinc.com/documents/nr%2013-02.pdf

Gold Reserve Inc. (TSX.V:GRZ) (NYSE-MKT:GRZ) (the "Company") is pleased to provide an update on the status of its ICSID arbitration and the Company's listing on the NYSE-MKT.

The Company's ICSID arbitration against the Republic of Venezuela remains pending. As previously reported, following the conclusion of oral hearings in February 2012, the Tribunal issued an order in July 2012 requesting further evidentiary submissions from the parties relating to valuation issues. Having received submissions from the parties regarding implementation of the Tribunal's order, in January 2013 the Tribunal issued additional directions requesting further submission of expert evidence. The parties have been requested to submit a joint report from their technical experts by April 26, 2013 and submit observations of the parties on the experts' report by May 24, 2013.

The Company has been informed by the NYSE-MKT that an "appeal hearing" with an independent panel relating to the continued listing of the Company's shares will be held on February 28, 2013 (see the Company's November 29, 2012 News Release (NR-12-16)).

Regarding the continued listing of the Company's shares on the NYSE-MKT, management of the Company believes that the Company currently meets the continued listing standards as well as the initial listing standards under Initial Listing Standard 4 (Section 103(d) of the Company Guide), except for the $3.00 share price requirement (which price was $2.99 at market close on February 4, 2013, and $3.37 was the average closing price for 2012).

Victoria & Oil Gas: RSM Production Corporation Rejects VOG Claims

Feb 28, http://world.einnews.com/pr_news/139034023/rsm-production-corporation-rejects-victoria-oil-gas-plc-claims

Mr Jack J. Grynberg, President and CEO of RSM Production Corporation (RSM), rejects the statement issued yesterday by Victoria Oil & Gas plc (VOG) regarding the ownership of rights in the Logbaba Concession.

He said today:

"I note the statement issued by VOG yesterday. It is disappointing that it has necessitated a statement from RSM to force VOG to disclose important information about the contested ownership of its principal asset to its existing and new investors.

"I reject VOGs characterisation of the Cameroon Presidential decree, which is public information and clearly states that RSM has a 38 per cent interest in the Concession. I fully expect the arbitration in June to rule in RSM's favour confirming at least a 38 per cent interest (and possibly a 47.5% interest) in the Concession. Following an award in RSM's favour, I personally intend to review all strategic decisions that have been made unilaterally by VOG without regard to RSM's rights in the project, and without any technical and economic basis by an incompetent management, RSM will be actively involved in the management and operation of all commercial projects in respect of the Concession.

"As President and Chief Executive of RSM I have been involved in the Logbaba Concession since it was initially granted to RSM in May 2001 and intend to remain actively involved in the future. I have had to resort to protracted arbitration in order to assert RSM's rights in the Concession and will continue to take such steps as are necessary to protect its interests, through to the conclusion of the arbitration and beyond."

Victoria Oil and Gas Statement: re RSM Production Corporation

Feb 26, http://www.victoriaoilandgas.com/news-rns-announcements/2013-02-26/statement-re-rsm-production-corporation

Victoria Oil and Gas ("VOG" or the "Company"), the AIM quoted emerging market natural gas utility and independent oil and gas exploration and production company with producing assets in Africa and exploration assets in the Former Soviet Union, notes the press release issued today by RSM Production Corporation ("RSM") in relation to the Company's interest in the Logbaba gas and gas condensate field in Douala, Cameroon ("Logbaba Field").

Overview of VOG's previous Communications

As announced on 19 July 2011, VOG increased its effective working interest in the Logbaba Field to 95%, following the serving of a Notice of Forfeiture ("Notice") on RSM, which previously had held a 38% interest in the Logbaba Field. This course of action followed RSM's repeated failure to pay cash calls pursuant to the terms of the operating agreement between the parties. The forfeiture of RSM's interest in the Logbaba Field is subject to Texas law and operates automatically on service of Notice following RSM's failure to rectify this default within the default period prescribed by the operating agreement.

As further announced on 25 October 2012, in the Company's results for the year ended 31 May 2012, arbitration proceedings have been initiated by RSM in relation to the forfeiture of RSM's interest and will take place in June 2013 (the "Arbitration").

Clarification of the 2012 Presidential Decree

On 3 December 2012, a Presidential Decree (the "2012 Presidential Decree") referred to by RSM was executed in order to correct the 29 April 2011 Presidential Decree (the "2011 Presidential Decree") which erroneously stated that VOG and not its subsidiary Rodeo Development Limited ("RDL") held the participating interest in the Logbaba Field. The 2012 Presidential Decree was therefore concerned to rectify an administrative error in the 2011 Presidential Decree and in doing so simply restated the participating interests of the parties as at 29 April 2011 which was before the Notice which led to the forfeiture of RSM's participating interest in the Logbaba Field.

Response to the Claims Made by RSM

The Company categorically rejects any assertion by RSM that the 2012 Presidential Decree has any bearing on the forfeiture of RSM's interest in the Logbaba Field pursuant to Texas law. The Republic of Cameroon are fully aware of the issues to be determined in the Arbitration and VOG and RDL have agreed not to request the Republic of Cameroon to formally record the forfeiture of RSM's interest in a further Presidential Decree, pending publication of an Award in the Arbitration. This pragmatic approach is obviously correct in the circumstances where the dispute does not involve the Republic of Cameroon but in no way validates RSM's claims in its press release.

VOG intends for these matters to be dealt with by the proper arbitral forum and anticipates that the Republic of Cameroon will formally record the forfeiture of RSM's participating interest in the Logbaba Field following the publication of an Award in VOG's favour on this issue at the conclusion of the arbitration proceedings.

Accordingly, VOG strongly rejects the claims made by RSM that it has failed to keep the markets properly informed in respect of this matter and can only assume that RSM is motivated to try to damage the Company in respect of its recent fundraising and in order to gain some advantage in the Arbitration.

VOG will continue to keep its shareholders informed of any material development, and a further announcement will be made in due course as approporiate.

Victoria Oil and Gas: Jack J. Grynberg Squares up for Another Boardroom Battle

Feb 26, http://world.einnews.com/pr_news/138898254/jack-j-grynberg-squares-up-for-another-boardroom-battle

Mr Jack J. Grynberg, President and CEO of RSM Production Corporation (RSM), has urged shareholders to vote against the Board of Victoria Oil and Gas plc (VOG) at a General Meeting being held on Friday 1 March 2013. He has urged potential new investors to ask serious questions about the information they have been provided with regarding VOG's asserted ownership of rights in the Logbaba Concession.

Yemen seeks to amend investment law

Feb 07, http://al-shorfa.com/en_GB/articles/meii/features/2013/02/06/feature-01

Yemen's General Investment Authority (GIA) is seeking to amend the country's investment law to resolve problems facing current projects and attract local and foreign investment. The GIA aims to amend the current law "to activate the investment process" in Yemen, GIA president Yahya Saleh Mohsen said in a January statement.

Zambia Revokes Chinese Coal Mining Licences

Feb 21, http://allafrica.com/stories/201302210263.html

Zambia announced on Wednesday that it had revoked the licences for a controversial Chinese-owned coal mine in the south of the country in response to violations of safety and environmental laws and a failure to pay mineral royalties.

Zambia Revokes Collum Coal Mine's License

Feb 26, http://www.ventures-africa.com/2013/02/zambia-revokes-collum-coal-mines-license/

VENTURES AFRICA - Zambia has revoked the licenses Collum Coal mine, a Chinese-owned coal mine 200 miles south of Lusaka, due to violations of safety and environmental laws and the failure to pay mineral royalties.

Zimbabwe starts paying Zambia debt to enable hydropower project

Feb 19, http://www.reuters.com/article/2013/02/19/zimbabwe-electricity-idUSL6N0BJ6PZ20130219

Zimbabwe: SA Constitutional Court Reserves Judgment On Zim Land Grabs

Mar 01, http://allafrica.com/stories/201303010209.html

The South African Constitutional Court on Thursday reserved a ruling in a landmark case against the Zimbabwe government. Harare is appealing an earlier Supreme Court ruling in favour of white commercial farmers, who had challenged the country's land reform program.

New book reignites debate over Zimbabwe land reform

Feb 07, http://www.amsterdamnews.com/news/international/african/new-book-reignites-debate-over-zimbabwe-land-reform/article_6b1039b6-7072-11e2-8442-001a4bcf887a.html

Authors of a new book, Zimbabwe Takes Back its Land, have set off sparks with the claim that despite political violence and hyperinflation, the black farmers who received land under President Robert Mugabe's "fast track" land reform are doing relatively well, improving their lives and becoming increasingly productive, especially since the US dollar became the local currency.

The authors, Teresa Smart, Joseph Hanlon and Jeannette Manjengwa, scholars from UK universities, reject the dominant media narratives of oppression and economic stagnation in Zimbabwe. They spoke at a recent UK roundtable at the thinktank Chatham House.

Zimmerman Reed Announces Investigation of YPF Sociedad

Feb 08, http://www.globenewswire.com/news-release/2013/02/08/522261/10021241/en/Zimmerman-Reed-Announces-Investigation-of-YPF-Sociedad.html

GLOBE NEWSWIRE -- Zimmerman Reed announces that it is investigating potential claims on behalf of all purchasers of the American Depositary Shares ("ADS") of YPF Sociedad Anonima ("YPF" or the "Company") pursuant or traceable to the Company's March 23, 2011 offering. The investigation concerns possible violations of federal securities laws by YPF, its former parent company Respol, and various banks. The investigation concerns allegedly false and misleading statements in a Registration Statement filed with the Securities and Exchange Commission in connection with the March 23, 2011 offering.

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.

The Hague Academy of International Law: The Legal Implications of Global Financial Crises, 19 August - 6 September 2013

Mar 06, http://www.hagueacademy.nl/?news

Deadline to register: March 31st, 23:59 hrs. The Hague time (GMT+1).

The Centre is designed to bring together young international lawyers of a high standard from all over the world, to undertake original research on a common general theme which is determined each year by the Academy. The research work undertaken at the Centre may be included in a collective work published by the Academy.There are between 20 and 24 participants, half in the English-speaking section and half in the French-speaking section. In principle, no person may participate more than once in the Centre's activities.

Summer Academy at the International Tribunal for the Law of the Sea - application period ends April 30

Feb 1, http://www.iflos.org/en/summer-academy/overview.aspx

The Seventh Summer Academy will be held from 21 July to 16 August 2013 and is now open for applications via the Application Portal. The application period will end on 30 April, 2013.

JOBS / MOVES

Longstanding Freshfields Bruckhaus Deringer co-arbitration chair Jan Paulsson has retired from the firm to focus on his career as an arbitrator and academic

Mar 12, http://www.thelawyer.com/law-firms/freshfields-arbitration-star-paulsson-exits-firm/3002285.article

Jan Paulsson, who has led Freshfields Bruckhaus Deringer's global international arbitration and public international law practice for 20 years, has left the firm, GAR has learnt.

UNCTAD Launches a New Publication on Transparency in IIAs Complementing IPFSD Policy Options [pdf]

Mar 7, http://unctad.org/en/PublicationsLibrary/unctaddiaeia2011d6_en.pdf

The study highlights a new approach to transparency provisions in International Investment Agreements (IIAs) and offers practical policy guidance drafting suggestions for IIA stakeholders.

Foreign Claims Settlement Commission Chairman Timothy Feighery Joins Arent Fox

Feb 22, http://www.arentfox.com/newsroom/press-releases/foreign-claims-settlement-commission-chairman-timothy-feighery-joins

Washington, DC - Arent Fox LLP is pleased to announce the expansion of its International Trade practice with the addition of international arbitration partner Timothy J. Feighery. Following his service as Chairman of the Foreign Claims Settlement Commission of the United States (FCSC), Mr. Feighery will practice out of the firm's Washington, DC office and focus on international arbitration, dispute resolutions, and post-conflict claims work.

Meyer Fabre Avocats announces appointment of Damien Devot as partner

Feb 20, http://www.meyerfabre.fr/news.php

This appointment marks a new step in the development of the firm, created in October 2009 by Nathalie Meyer Fabre.

Damien, 34, was admitted to the Paris bar in 2005. Associate at Meyer Fabre Avocats since the creation of the firm, he began his career at Salans, in the Arbitration and International Litigation practice group. He holds an LL.M in Commercial Law from the University of Cambridge and a DEA in business law from the University of Paris II-Panthéon Assas.

ICSID

New: Karkey Karadeniz Elektrik Uretim A.S. v. Islamic Republic of Pakistan (ICSID Case No. Case No. ARB/13/1)

Power generation equipment, Registered February 08. See November 2012 news report: http://dawn.com/2012/11/26/litigation-cases-in-international-tribunals/

New: Cervin Investissements and Rhone Investissements v Costa Rica (ICSID Case No. ARB/13/2) Gas distribution enterprise. Registered March 11

New: Ossama Al Sharif v #Egypt (ICSID Case No. ARB/13/3)

Port development project. Registered March 13

New: Ossama Al Sharif v #Egypt (ICSID Case No. ARB/13/4)

Customs system project. Registered March 13

New: Ossama Al Sharif v #Egypt (ICSID Case No. ARB/13/5)

Bulk liquids terminal project. Registered March 13

BOOKS

International Investment Arbitration: Lessons from Developments in the MENA Region

Mohamed A. M. Ismail
ISBN13: 9781409463634
ISBN: 140946363X
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback

Arbitration is the most common mechanism for settlement disputes in developing countries. Following the adoption of a free market economy, arbitration will play an increasingly fundamental role in order to protect foreign investors in the Middle East and North African Region (MENA). This book examines the pulse and dynamics of international investment arbitration and the new era of mediation in state contracts in the region. The author explores the harmonization of international arbitration and the sensitive issue of le Contrat Administratif in Middle East civil law countries. The volume also discusses the pivotal role of international organizations such as UNCTAD and ICSID in codifying fair and prompt mechanisms for disputes settlements. Using Latin American countries as a prime example of how international legislative instruments serve international investment law principles and comparing Latin American experiences where appropriate, the book demonstrates how lessons can be learned in respect of alternative dispute resolution, international commercial arbitration and investor-states arbitration. It provides suggestions and recommendations the future and includes useful Appendices detailing recent worldwide trends, regional and international instruments in the arbitration world.

Analytical Commentary to the UNCITRAL Arbitration Rules

Peter Binder
ISBN13: 9781847038050
Publisher: Sweet & Maxwell Ltd
Format: Hardback

This new work provides practical, article-byarticle commentary on the recently revised UNCITRAL Arbitration Rules 2010. It offers a unique insider perspective on their interpretation and application being written by Dr Peter Binder who was a member of the UNCITRAL Working Group that drew up the revised Arbitration Rules.

IBA - Arbitration - country guides

http://www.ibanet.org/Article/Detail.aspx?ArticleUid=A646CF32-0AD8-4666-876B-C3D045028E64

Editors: Lawrence Schaner, Jenner & Block LLP; David Arias, Perez-Llorca.

The Arbitration Committee has prepared a guide to the law and practice of arbitration in 40 countries around the world. The material is intended as a high-level practical overview for practitioners and others seeking an introduction to arbitration in particular jurisdictions.

Each chapter indicates its authors, who may be contacted with questions or suggestions. Additional chapters are planned and will be posted as they are completed. If you have questions, comments or suggestions generally about the Guide, please contact the editors at the addresses listed below.

International Arbitration - Contemporary Issues and Innovations

Editor: John Norton Moore
ISBN13: 9789004246225
Publication Year: 2013
Martinus Nijhoff
Pages: 164

Arbitration is a staple of international dispute resolution. Though the international community now has a plethora of courts and tribunals at its disposal, for numerous reasons international arbitration remains a central mechanism-perhaps even the central mechanism in third-party resolution of international commercial disputes. International Arbitration: Contemporary Issues and Innovations brings together some of the world's most distinguished experts to examine important contemporary issues and trends in international arbitration.

Civil and Commercial Mediation in Europe Volume II: Cross-Border Mediation

Edited by: C. Esplugues, J. L. Iglesias, G. Palao
Publisher: Intersentia Publishers
Format: Hardback
ISBN13: 9781780681306

Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since known in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, with an implementation date of 21.5.2011, prescribes a set of minimum common rules on mediation for all EU Member States with the exception of Denmark.

Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage

Sandra Synkova
ISBN13: 9783319001333
Publisher: Springer-Verlag
Format: Hardback

Challenges to arbitral jurisdiction have become quite a common practice in the field of international arbitration. Responding appropriately to such challenges is crucial to the efficacy of international arbitration as a system of dispute resolution. This work focuses particularly on the means and procedures for determining arbitral jurisdiction in state court proceedings at the early stages of the arbitral process - i.e. prior to the rendition of an arbitral award - and analyses them in terms of their efficacy and legitimacy. It provides a comparative analysis of the practice of the English, Swiss and German legal orders and outlines suggestions for improving current practices.

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