issue #04, week 14. 04 April 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:

SIAC's New Governance Structure and Revised Rules of Arbitration

Apr 1, http://www.siac.org.sg/index.php?option=com_content&view=article&id=429:siacs-new-governance-structure-and-revised-rules-of-arbitration-&catid=1:latest-news&Itemid=50

New rules: http://www.siac.org.sg/images/stories/documents/rules/siac_rules_2013.pdf

With effect from 1 April 2013, SIAC is pleased to announce a new governance structure and the publication of a revised edition of the SIAC Rules of Arbitration.

A new Court of Arbitration overseeing the case administration and arbitral appointment functions of SIAC has been created. The corporate and business development functions of the Centre will continue to be overseen by the Board of Directors. Both the new Board and the Court assume office on 1 April 2013.

The new Board is chaired by Mr Lucien Wong, Chairman and Senior Partner of Allen & Gledhill LLP. The Board is made up of prominent lawyers and corporate leaders from China, India, Korea, the UK and Singapore. The Board will be principally concerned with the operation and development of SIAC 's business and its compliance with applicable laws.

The members of the new Board of Directors are:

The profiles of the Board members can be accessed here.

The SIAC Court of Arbitration is led by Founder President Dr Michael Pryles. The Court comprises 16 leading arbitration practitioners from around the world, including Bahrain, Belgium, China, France, India, Japan, Singapore, the UK and the USA. The main functions of the Court are: the appointment of arbitrators, the determination of challenges to arbitrators and case administration.

The members of SIAC's first Court of Arbitration are:

The profiles of the Court members can be accessed here.

The CEO, Mr Minn Naing Oo, will continue to have the day-to-day responsibility for the conduct of SIAC's operations. His profile can be accessed here.

The new SIAC 2013 Rules (5th Edition) have been amended to reflect the functions of the Court and its members and represent best practices in arbitration case administration.

Amendments include the following:

For the latest SIAC Rules (5th Edition, 1 April 2013) please click here.

Finally, SIAC wishes to express its sincere gratitude to the outgoing Board members, who have been instrumental in the transformation of SIAC during their term of office into a truly world-class arbitration centre. We wish them the very best.

The list of the outgoing Directors is as follows:

WTO: Trade Policy Review: Argentina

Mar 20, http://www.wto.org/english/tratop_e/tpr_e/tp377_e.htm

The fourth review of the trade policies and practices of Argentina takes place on 20 and 22 March 2013. The basis for the review is a report by the WTO Secretariat and a report by the Government of Argentina.

WTO: Indonesia objects to a dispute settlement panel on US agricultural exports

Mar 26, http://www.wto.org/english/news_e/news13_e/dsb_26mar13_e.htm

Following Indonesia's objection, on 26 March 2013 the Dispute Settlement Body, which comprises all WTO members, deferred the establishment of a panel - requested by the United States - to examine a dispute on importation of horticultural products, animals and animal products.

KLRCA-ACICA Joint Seminar - Malaysian & Australian Arbitration Law & Practice presentations available for download

Apr 02, http://www.klrca.org.my/scripts/list-posting.asp?recordid=359

The KLRCA-ACICA Joint Seminar - Malaysia and Australian Arbitration Law & Practise, was held successfully on 1 April with more than 60 people attending. The presentation slides of the speakers are now available for download.

Energy Charter: Secretary General Rusnák Discusses Modernisation of the Energy Charter with Dutch Minister of Economic Affairs

Mar 18, http://www.encharter.org/index.php?id=21&id_article=357&L=0

On 13 March 2013 Secretary General Rusnák and ECS Director Steivan Defilla met in The Hague with the Minister of Economic Affairs of the Netherlands Mr. Henk Kamp and Mr. Mark Dierikx, Director General for Energy, Telecommunications and Competition. Amb. Rusnák briefed Minister Kamp on the latest developments within the Energy Charter Process and on the ongoing work on Charter consolidation. The main focus of the meeting was the modernisation of the Energy Charter. In particular, Amb. Rusnák and Minister Kamp discussed the most efficient approaches to proceeding with the preparation of the updated version of the 1991 Energy Charter, as agreed by the Energy Charter Conference at its 23rd Meeting on 27 November 2012.

ICJ: Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)

Mar 27, http://www.icj-cij.org/docket/files/151/17280.pdf

No. 2013/4 - 27 March 2013

Live and on-demand webcasts - Public hearings from Monday 15 to Friday 19 April 2013

THE HAGUE, 27 March 2013. The hearings to be held by the International Court of Justice (ICJ), the principal judicial organ of the United Nations, in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) from Monday 15 to Friday 19 April 2013, will be broadcast online.

These hearings will first be broadcast live and in full (see the timetable below) on the Court's website (www.icj-cij.org, under the heading "Multimedia") and on the online television channel "UN Web TV" (http://webtv.un.org/).

The hearings will subsequently also be available as a recorded webcast (VOD) on the United Nations Web TV website (http://webtv.un.org/meetings-events/).

Schedule for the hearings (reminder)

The times below are indicated in local time (The Hague time, CET).

First round of oral argument

Monday 15 April

10 a.m.-1 p.m.: Cambodia

3 p.m.-4.30 p.m.: Cambodia

Wednesday 17 April

10 a.m.-1 p.m.: Thailand

3 p.m.-4.30 p.m.: Thailand

Second round of oral argument

Thursday 18 April

3 p.m.-5 p.m.: Cambodia

Friday 19 April

3 p.m.-5 p.m.: Thailand

After Investigation, No Evidence 'Wall Street Journal' Bribed Chinese Officials

Mar 18, http://www.npr.org/2013/03/18/174665721/after-investigation-no-evidence-wall-street-journal-bribed-chinese-officials

The Wall Street Journal's China bureau was the subject of a Department of Justice inquiry into allegations that the bureau had been bribing Chinese officials in exchange for information. Investigation by the parent company turned up no evidence to uphold the claim.

Arbitration Court of appeal in Moscow to hear on April 3 a complaint by CIS Interstate Bank against Armenian plant Nairit

Mar 22, http://arka.am/en/news/business/arbitration_court_of_appeal_in_moscow_to_hear_on_april_3_a_complaint_by_cis_interstate_bank_against_/

ARKA - The 9th Arbitration Court of Appeal in Moscow will hear on April 3 a complaint by CIS Interstate Bank against Armenian synthetic rubber plant Nairit. The Interstate Bank wants Nairit to pay it $25.183 million.

Australia: Milestone in Investment Ties with New Zealand

Mar 01, http://assistant.treasurer.gov.au/DisplayDocs.aspx?doc=pressreleases/2013/022.htm&pageID=003&min=djba&Year=&DocType

Joint media release with The Hon Craig Emerson MP Minister for Trade and Competitiveness Minister Assisting the Prime Minister on Asian Century Policy

The Protocol on Investment for the Australia-New Zealand Closer Economic Relations (CER) agreement takes effect today, marking a milestone in the Trans-Tasman relationship.

From today, investors from both Australia and New Zealand will benefit from lower compliance costs and greater legal certainty when investing in their Trans-Tasman neighbour.

Australia and New Zealand are close partners, with more than A$100 billion in two-way investment.

The start of the Protocol on Investment coincides with the 30th anniversary year of the CER agreement.

"The CER agreement has delivered huge benefits to both countries," Trade Minister Craig Emerson said.

"Trade barriers have been lowered, business costs have come down and jobs have been created."

New Zealand private investors undertaking business acquisitions will now benefit from the higher screening threshold of A$1,078 million (indexed annually), up from A$248 million. In exchange, the screening threshold for Australian private investors in New Zealand is now NZ$477 million (around A$390 million, and indexed annually), up from NZ$100 million (around A$80 million).

"The Protocol on Investment will strengthen both our economies by reducing barriers to investment between Australia and New Zealand," Assistant Treasurer David Bradbury said.

1 March 2013

Australia: Protesters target World Bank Sydney office

Mar 22, http://www.news.com.au/breaking-news/national/world-bank-body-labelled-a-kangaroo-court/story-e6frfku9-1226603512549?from=public_rss

The protesters accuse the organisation of siding with corporations who try to bypass national laws.

About 25 people gathered at Martin Place on Friday to rally against the International Centre for the Settlement of Investment Disputes (ICSID).

Bahrain Chamber Champions Alternative Dispute Resolution in Islamic Finance

Mar 20, http://www.zawya.com/story/Bahrain_Chamber_Champions_Alternative_Dispute_Resolution_in_Islamic_Finance-ZAWYA20130320071505/

The Bahrain Chamber for Dispute Resolution (BCDR-AAA) this week hosted a high-level roundtable discussion with industry experts in Bahrain to explore best practices in the field of dispute resolution in Islamic Finance.

BSG Resources: Prepared to Seek Arbitration to Defend Guinea Mining Rights [pdf]

Mar 25, http://www.bsgresources.com/documents/20130325-Press-Release-Guinea.pdf

BSG Resources Limited ("BSGR" or "the Group") Statement Regarding Guinea

Opportunities available for people of Guinea being destroyed by discredited regime

BSGR, a leading international diversified mining company, notes with regret recent press coverage regarding its relationship with the Government of Guinea.

The recent denial of entry from Guinea for the President of BSGR Resources, o n baseless grounds of "domes tic security" , is the latest example of an illegitimate government resorting to harassment to make i t impossible for BSGR, and its VBG joint venture, to exercise their contractual rights legitimately awarded in Guinea. It is no surprise to BSGR that all other pending mining projects in the country have been frozen a s a result of the Govern ment's behaviour and actions.

The denial of entry is only the latest of a number of illegal acts by the Government of Guinea, including the creation of the Comité Technique de Revue des Titres et Conventions Miniers (CTRTCM) which is contrary to both the Guinean Constitution and the Mining Code. The CTRTCM, allegedly established to conduct an investigation into existing mining agreements but whose actions have defied all notions of due process, has in reality been entrusted with the task of preparing the expropriation of VB G's assets.

Whilst BSGR does not recognise the legality of CTRTCM, it duly responde d to its requests for information because of BSGR's commitment to transparency and t o defend its reputation, in length and detail, from the false allegations raised by CTRTCM.

BSGR reiterates that it acquired its exploration and mining rights in Guinea after a fully transparent and legal process. BSGR'scommitment to invest over US$10 billion in Guinea, with a further gift to the country of US$1 billion in rail infrastructure investment, has been discarded with no explanation.

BSGR has always, and will continue to act, t o the highest standards. It has a track record of delivering real value to the countries in which it operates and the local communities with which it engages.

BSGR is prepared and ready to use the full authority of international arbitration to defend its legally acquired mining rights in Guinea.

Canada-EU Trade Agreement Will Be a Big Win for British Columbia, says Minister Fast - CETA

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

Deeper trade with European Union will bring jobs, growth and long-term prosperity to workers and families in British Columbia

April 3, 2013 - The Honourable Ed Fast, Minister of International Trade and Minister for the Asia-Pacific Gateway, today discussed the many benefits an ambitious Canada-EU trade agreement will bring to B.C. workers and businesses during a round-table session in Vancouver with stakeholders from a wide range of B.C.'s key economic sectors.

"Our government is focused on the priorities of workers, businesses and exporters in B.C.: jobs, growth and long-term prosperity," said Minister Fast. "That is why we are working hard to open new markets in large and dynamic economies-like the European Union-as part of the most-ambitious trade expansion plan in Canadian history."

The European Union is B.C.'s fourth-largest export market and fourth-largest trading partner. A comprehensive agreement would eliminate tariffs, including those on key provincial exports such as forest products, metals and minerals, fish and seafood, agriculture and agri-food products, and services.

"The foundation of our government's pro-trade plan to open new markets that increase Canadian exports will be solidified by a successful outcome to the Canada-EU trade negotiations," said Minister Fast. "In turn, this will lead to new opportunities and greater access for B.C. exporters to markets throughout the fast-growing Asia-Pacific region, including Japan, China and countries that make up the Trans Pacific Partnership."

The EU is Canada's second-largest trading partner and, with more than 500 million consumers and a GDP of $17 trillion, the world's largest integrated economy.

Canada-Panama Free Trade Agreement Effective April 1st

Apr 01, http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/panama/index.aspx?lang=eng&view=d

Effective Today, Harper Government Secures Competitive Edge for Canadian Exporters to Panama

Entry into force of Canada-Panama trade agreement eliminates tariffs on more than 90 percent of Canadian exports to one of the fastest-growing markets in the Americas

April 1, 2013 - The Honourable Ed Fast, Minister of International Trade and Minister for the Asia-Pacific Gateway, today announced the entry into force of a bilateral free trade agreement between Canada and Panama that immediately secures a competitive advantage for Canadian exporters.

"Canada's Economic Action Plan, with its focus on creating jobs, growth and long-term prosperity in every region of our country, includes opening new markets that increase Canadian exports," said Minister Fast. "Starting today, this historic agreement will benefit Canadian exporters by immediately eliminating tariffs on more than 90 percent of Canadian goods exported to Panama. Workers and businesses in a wide range of Canadian sectors, such as aerospace, pharmaceuticals, pulp and paper and agriculture and agri-food, will benefit from taking Canada's trading relationship with Panama to the next level."

"The trading relationship between Canada and Panama continues to grow by leaps and bounds, having increased by 62 percent in less than four years," said the Honourable Diane Ablonczy, Minister of State of Foreign Affairs (Americas and Consular Affairs). "This agreement is further proof of our government's commitment to a robust presence in the Americas that increases economic opportunities for Canadians and delivers real benefits and prosperity for people throughout our hemisphere."

In less than six years, the Harper government 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, Canada is in ongoing trade negotiations with the European Union, India, Japan and the members of the Trans-Pacific Partnership. Canada also recently achieved observer status in the Pacific Alliance, a grouping of key fast-growing markets in Latin America. These accomplishments have been key to the Harper government's work in opening new markets and increasing Canadian exports as part of the most-ambitious trade expansion plan in the nation's history.

FTA Text http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/panama/panama-toc-panama-tdm.aspx?lang=eng&view=d

Ecuadorian diplomacy fails in his attempt to change the IACHR reforms

Mar 23, http://www.ecuadortimes.net/2013/03/23/ecuadorian-diplomacy-fails-in-his-attempt-to-change-the-iachr-reforms/

The efforts of the Ecuadorian Foreign Minister Ricardo Patino, did not obtain the expected results in the first meeting, held yesterday, with the Inter-American Commission on Human Rights (IACHR) inWashington (United States). The regional proposal failed and immediately the Ecuadorian president, Rafael Correa and his team proposed to carry out at the Organization of American States (OAS) serious reforms to the Inter-American System of Human Rights(ISHR).

EVN AG informs the Republic of Bulgaria about its intention to commence arbitration proceedings persuant to Investment Treaties

Mar 19, http://www.evn.at/Investoren/Pressemeldungen/EVN-AG-kundigt-der-Republik-Bulgarien-Schiedsverfa.aspx

EVN AG today informed the Republic of Bulgaria about its intention to commence proceedings pursuant to the "Agreement Between the Republic of Austria and the Republic of Bulgaria for the Promotion and Protection of Investments" and the "Contract Regarding the Energy Charter" in order to safeguard its Bulgarian investments in EVN Bulgaria Elektrosnabdiavane EAD and EVN Bulgaria Elektrorazpredelenie EAD. The date of the announcement marks the beginning of the 3 to 6 month consultation and negotiation period under the agreements. During the course of such period, the parties are obliged to enter into negotiations and attempt to amicably resolve the dispute.

This announcement comes as the result of various actions taken by the regulatory authorities and other state agencies of the Republic of Bulgariacompromising the EVN companies. These actions reduce the proceeds from the sale of electric energy. Moreover, by not acknowledging actual financing costs, the payment of feed-in compensation to which producers of renewable energy are entitled is reduced. Finally, today's announcement is in response to the repeal of a special levy for network access of renewable energy production installations by the recent decision of the Bulgarian administrative court in March 2013. From EVN AG's perspective, the result of this decision represents a further violation of Bulgaria's investment protection obligations.

Gazprom drops complaint against Lithuania's Kauno Termofikacijos Elekt

Mar 26, http://www.upi.com/Business_News/Energy-Resources/2013/03/26/Gazprom-drops-claim-against-Lithuania/UPI-59161364297649/

UPI -- Russian energy company Gazprom announced it was withdrawing a complaint filed against a Lithuanian company after getting a profit from divestment.

Hong Kong: Arbitration law to be amended

Mar 26, http://www.news.gov.hk/en/categories/law_order/html/2013/03/20130326_143354.shtml

The Arbitration (Amendment) Bill 2013 will be gazetted on March 28 to implement the Arrangement Concerning Reciprocal Recognition and Enforcement of Arbitral Awards between Hong Kong and Macau.

It will be tabled at the Legislative Council on April 24.

The arrangement, concluded with Macau in January, enhances Hong Kong's role as a regional arbitration centre, as it facilitates the efficient enforcement of Macau arbitral awards in Hong Kong and vice-versa.

To implement the arrangement, the Arbitration Ordinance must be amended to enable Hong Kong courts to enforce awards made in Macau according to principles set out in the arrangement.

Under the proposed amendments, a Macau award is enforceable in Hong Kong either by action in the Court of First Instance, or in the same manner as an arbitral award to which the relevant section of the ordinance applies with the court's leave.

The bill provides that with the court's leave, any emergency relief an emergency arbitrator in or outside Hong Kong grants is enforceable in the same manner as a court order or direction.

Immunomedics Settles Finra Arbitration Proceedings Relating To Its Prior Investment In Certain Securities

Apr 01, http://www.immunomedics.com/pdfs/news/2013/pr04012013a.pdf

Immunomedics, Inc., a biopharmaceutical company primarily focused on the development of monoclonal antibody-based products for the targeted treatment of cancer, autoimmune and other serious diseases, reached a settlement on March 27, 2013, in its previously disclosed arbitration proceeding before the Financial Industry Regulatory Authority against a broker-dealer relating to the Company's prior investment in certain securities.

India urged to change design of Kishanganga project

Mar 28, http://www.omantribune.com/index.php?page=news&id=140928&heading=Pakistan

LAHORE - Pakistan has pressed the visiting Indian Indus commissioner to change the design of the Kishanganga Hydro Plant in accordance with a partial award issued by the International Court of Arbitration.

India: FDI-hungry govt defers bilateral treaties review

Mar 21, http://www.financialexpress.com/news/fdihungry-govt-defers-bilateral-treaties-review/1091177

India has put on hold its plans to review and renegotiate bilateral investment promotion and protection agreements (BIPA) with various nations, fearing such a move might alienate potential foreign investors when the economic growth rate has slowed and political uncertainty has risen

Indonesia: Churchill Mining outlines key steps in arbitration over East Kutai

Mar 22, http://www.proactiveinvestors.co.uk/companies/news/55067/churchill-mining-outlines-key-steps-in-arbitration-over-east-kutai--55067.html

Churchill Mining (LON:CHL) updated investors on its ongoing claim against the Republic of Indonesia through international arbitration, and repeated that this is currently the firm's main focus.

In an interim results statement, the firm outlined the key steps, past and ahead, of the case regarding the US$1.8 billion East Kutai coal mine development project in Indonesia.

In May last year, the firm began arbitration against the Republic of Indonesia (ROI) at the International Centre for Settlement of Investment Disputes (ICSID) in Washington.

Notably, Churchill's Australian subsidiary Planet Mining Pty, which via its 5% stake in PT Indonesia Coal Development also holds an interest in the East Kutai Coal Project, has now also filed for arbitration at ICSID.

The Churchill and Planet arbitrations have now been consolidated into a single proceeding and will be dealt with and heard together, the firm pointed out today.

On March 13 this year, Churchill and Planet filed their witness statements as well as initial expert evidence at ICSID.

ROI is now required to file its objections to jurisdiction by April 8 this year and Churchill/Planet will then file their response to that by April 30.

Also ahead is a hearing in Singapore beginning May 13 to address a challenge by the ROI that the arbitration tribunal does not have the jurisdiction to hear the claim at all.

"Considerable efforts have been undertaken to reduce other administration and corporate overheads," Churchill said, adding that other than admin costs, arbitrations against the ROI are the only draw on Churchill's cash resources.

For the six months to December 31 last year, Churchill posted a loss before tax of US$4.5mln, compared to a loss of US$ 6.4mln in the same period a year earlier.

House broker Northland noted that the international arbitration was now "entering a critical phase".

"If Churchill receives a favourable judgement on jurisdiction then the potential for recovering funds for shareholders should improve," said analyst Andrew McGeary.

"Progress under arbitration looks positive so far but as with all such legal disputes the ultimate outcome remains uncertain."

Israel, Palestinian Authority Ink Business Arbitration Deal

Mar 29, http://www.israelnationalnews.com/News/News.aspx/166628

The Palestinian Authority is one of Israel's larger trading partners, with some $20 billion in goods and services passing between the PA and Israel annually. In order to increase the confidence of businesses on both sides, the PA and Israel on Wednesday signed an agreement establishing an official arbitration center for business disputes. The center will adjudicate disputes between parties that apply for a ruling, and the ruling will be recognized by courts in Israel and the PA.

The arbitration center, to be called the Jerusalem Arbitration Center (JAC), will follow the internationally recognized arbitration rules of the International Chamber of Commerce (ICC).

Kazakh firm files $400M suit over Kyrgyz gold deposit

Mar 29, http://www.universalnewswires.com/centralasia/kyrgyzstan/viewstory.aspx?id=13881

Visor Capital, a Kazakh investment firm, has filed an international arbitration claim with the International Centre for Settlement of Investment Disputes (ICSID) over the approaching auction of the Kyrgyz gold mine Jerooy, local sources reported Thursday.

The private equities firm is seeking a $400 million settlement over the Jerooy mine, according to the company which says it filed the complaint with ICSID on March 13.

Kenya: Is arbitration of disputes better than litigation?

Mar 25, http://www.businessdailyafrica.com/Is-arbitration-of-disputes-better-than-litigation/-/539546/1729318/-/rm6n5az/-/index.html

The efficiency of Kenya's legal system and its ability to deliver swift and cost effective justice has remained on the radar despite ongoing reforms in the Judiciary.

Kremlin 'could punish Europe' in reprisal for Cyprus bailout's bank levy

Mar 23, http://www.guardian.co.uk/world/2013/mar/23/cyprus-bailout-kremlin-reprisal-bank-levy, http://www.guardian.co.uk/world/2013/mar/23/cyprus-bailout-kremlin-reprisal-bank-levy

Fears mount that Russia could act against European companies if charge on deposits hits €30bn Russian investments

Malawi says lake dispute with Tanzania will move to International Court

Mar 21, http://www.nyasatimes.com/2013/03/21/malawi-says-lake-dispute-with-tanzania-will-move-to-international-court/

Malawi government has vowed that it will "vigorously" defend its Lake Malawi, saying the lake border disputes with Tanzania will move to the International Court of Justice (ICJ) in the Netherlands if mediation by three former African leaders fail. Foreign Affairs and international Cooperation Minister, Ephraim Mganda Chiume, told a trade and investment forum in London on Wednesday that his country was confident the matter will be resolved amicably by the Forum of Former African Heads of State and Government, which is currently being chaired by former Mozambican President Chissano. He however said, if it fails, then they will go all the way to ICJ.

Malaysia and AALCO Signs Host Country Agreement - KLRCA

Mar 26, http://www.klrca.org.my/userfiles/File/Press%20Release%20-%20Malaysia%20and%20AALCO%20Signs%20Host%20Country%20Agreement.pdf

Kuala Lumpur, 26 March 2013 ­ The government of Malaysia and the Asian-African Legal Consultative Organisation (AALCO) has renewed a host country agreement today, which was first signed in 1978. The agreement has enabled the Kuala Lumpur Regional Centre for Arbitration (KLRCA) to function in Kuala Lumpur as part of AALCO's integrated disputes settlement system in the international economic and commercial field.

Minister in the Prime Minister's Department, Datuk Seri Mohamed Nazri Aziz and Secretary-General of AALCO, Professor Rahmat Mohamad signed the agreement, witnessed by the Attorney-General of Malaysia, Tan Sri Gani Patail, who is also Chairman of the KLRCA Advisory Board.

The agreement provides an arrangement whereby the government of Malaysia would make available, among others, a premise and an annual grant to KLRCA, whilst the centre is accorded independence as well as certain privileges and immunities to perform its functions as a neutral international organisation.

Speaking at the signing ceremony, Datuk Seri Mohamed Nazri said, "Alternative dispute resolution and commercial arbitration had become such an integral part of the international legal system, and Malaysia is fortunate to have a thriving arbitration centre that is on its way to becoming a leading hub in the region."

Professor Rahmat Mohamad commended the good relations between government of Malaysia and KLRCA, stating that Centre has a special place in AALCO's history as it was the first dispute resolution centre set up by AALCO in the world in 1978.

As a regional centre, KLRCA is entrusted with several broad-based functions as a coordinating agency in AALCO's integrated disputes settlement system.

This includes generating stability and confidence in international economic transaction within the Asia-Pacific region; the promotion of the institution of arbitration as an effective means for settlement of disputes; the wider use and application of the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules within the region; the establishment and growth of national arbitration institutions; and encouraging inter-institutional cooperation.

Maldives: Preliminary hearing on GMR arbitration next month

Mar 28, http://www.haveeru.com.mv/news/48148

The preliminary hearing that will structure the arbitration process over the abrupt termination of the 25 year contract with India's GMR Group to develop and operate Ibrahim Nasir International Airport (INIA) by the Maldives government has been slated for April 10.

Mediation is 'common sense' not a sign of weakness, says Commerical Courts chief

Apr 01, http://www.irishtimes.com/news/crime-and-law/mediation-is-common-sense-not-a-sign-of-weakness-says-commerical-courts-chief-1.1345367

If, 15 years ago, you had assembled a random group of litigation lawyers and asked each of them to speak for a minute on the topic of mediation, you would probably have been met with stony silence. "Or else," said Mr Justice Peter Kelly at a recent seminar, "you would have met a chancer who was going to wing it."

Mongolia to ease foreign investment law

Apr 02, http://ubpost.mongolnews.mn/?p=3497

Cabinet Minister Ch.Saikhanbileg last week submitted a revised draft of the "Law on Regulation of the Foreign Investments in the Strategically Significant Industries" to parliament.

The law in question currently requires foreign investors to obtain parliamentary approval when contributing more than a 49 percent stake or investing more than 100 billion MNT (70 million USD) in "strategic sectors," which include the mineral resources, banking, finance, media, and telecommunications industries.

Aiming to ease conditions that may currently be discouraging investors, the amended law would increase the foreign investment threshold to 1 trillion MNT (719.7 million USD). The government clarified that the main target of the law is foreign state-owned investors, not private companies.

"If the new bill is passed in the upcoming parliament spring session, the procedure to obtain permissions on foreign direct investment in strategic sectors will be easier and more promptly resolved," said Minister Ch.Saikhanbileg.

Moving Arbitration Online: The Next Frontier - New York Law Journal

Mar 02, http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202594177637&Moving_Arbitration_Online_The_Next_Frontier&slreturn=20130302053652

By Beth Trent and Colin Rule - Every industry has been revolutionized by technology over the last two decades, from finance to medicine to entertainment. Within each of these industries, business functions have similarly been transformed, from workflow process to data storage to knowledge management. As technology has flattened the world, domestic supply chains have become global supply chains, and regional teams have become virtual teams, stretching around the world and reaching into every time zone. Business is inexorably moving into the cloud as they are adopting technologies more quickly in order to keep up with the accelerated pace of commerce.

New York court dismisses Tymoshenko's claims against US companies

Mar 28, http://rapsinews.com/judicial_news/20130328/266851559.html

New York International Arbitration Center (NYIAC) website online

Apr 03, http://nyiac.org/

Today, the New York International Arbitration Center ("NYIAC") launched its official website, www.nyiac.org, promoting NYIAC's state-of the art arbtiration hearing space and providing information about New York City as a leading venue for international arbitration.

New Zealand: Calls for debt mediation bill as farm repossessed

Mar 21, http://tvnz.co.nz/national-news/calls-debt-mediation-bill-farm-repossessed-5374720

The repossession of an Okato farm owing $5.6 million to Rabobank has sparked calls for a debt mediation bill to be passed in Parliament.

Obama Administration Notifies Congress of Intent to Negotiate Transatlantic Trade and Investment Partnership

Mar 20, http://www.ustr.gov/about-us/press-office/press-releases/2013/march/administration-notifies-congress-ttip

Washington, D.C. - The Obama Administration today notified the U.S. Congress of its intent to enter into negotiations on a comprehensive trade and investment agreement with the European Union. Today's notification follows a joint announcement last month by President Obama and the Leaders of the European Union indicating their intent to pursue talks toward a Transatlantic Trade and Investment Partnership. Acting United States Trade Representative Demetrios Marantis noted in a letter to lawmakers that an ambitious, comprehensive, and high-standard agreement could significantly expand trade and investment between the United States and the European Union, generating new business and job opportunities.

"The decision to launch negotiations on the Transatlantic Trade and Investment Partnership reflects the broadly shared conviction that transatlantic trade and investment can be an even stronger driver of mutual job creation, growth, and increased competitiveness," the letter read. "The support for a comprehensive agreement that has been offered by a significant and diverse set of stakeholders boosts our confidence that it will be possible to find mutually acceptable solutions on difficult issues and conclude an agreement that will benefit U.S. workers. With average U.S and EU tariffs already quite low, new and innovative approaches to reducing the adverse impact on transatlantic commerce of non-tariff barriers must be a significant focus of the negotiations. The Administration will hold regular and rigorous consultations with Congress and stakeholders on all elements of the agreement."

The transatlantic economic relationship is already the world's largest, accounting for one third of total goods and services trade and nearly half of global economic output. Transatlantic trade and investment currently supports 13 million jobs on both sides of the Atlantic.

To view a copy of the notification letter to Congress, click here http://www.ustr.gov/sites/default/files/03202013%20TTIP%20Notification%20Letter.PDF

For more information on America's trade with the European Union, please visit the European Union page of USTR's website: http://www.ustr.gov/countries-regions/europe-middle-east/europe/european-union

Pacific Rim Mining Corp. - News Releases - Statement of Claim Filed in Arbitration Case Against El Salvador; PacRim Seeks Damages of US $315 Million - Tue Apr 2, 2013

Apr 01, http://www.pacrim-mining.com/s/News.asp?ReportID=578430

Statement of Claim Filed in Arbitration Case Against El Salvador; PacRim Seeks Damages of US $315 Million

Pacific Rim Mining Corp. ("Pacific Rim" or the "Company") announces that its US subsidiary PacRim Cayman, LLC ("PacRim") has now filed the statement of claim (the "Memorial") in its arbitration case (the "Arbitration") against the Government of El Salvador. The Arbitration, now in its final, merits-based phase, is being heard under the Salvadoran Investment Law by a Tribunal of three members at the World Bank's International Centre for Settlement of Investment Disputes ("ICSID") in Washington, DC.

In this final phase of the Arbitration, the merits of PacRim's claims as outlined in the Memorial will be addressed. The Tribunal will determine whether El Salvador has breached the Salvadoran Investment Law by refusing to issue the necessary mining licences for the El Dorado gold project. They will also determine El Salvador's monetary liability for breaching the investment protections owed to a foreign investor under these laws. The Memorial is supported by detailed statements of multiple expert witnesses in the fields of economic geology, mine financing, environmental science and international mining law.

Based on a March 28, 2013 valuation (the "Valuation") performed by an independent expert, PacRim is seeking compensation in the amount of US$ 315 Million (including prejudgment interest) for its losses caused by the Government of El Salvador's breaches of the Salvadoran Investment Law. Additional information regarding the Valuation is provided below.

Tom Shrake, President & CEO, states "The filing of the Memorial represents a significant milestone in the Arbitration. We are very confident in the merits of our case and our ability to receive fair-value for our expropriated assets. Unfortunately, we are not alone. Because of a pattern of mistreatment of foreign investors by the Government of El Salvador, the country is now the single worst jurisdiction in all of Latin America in attracting foreign investment and the slowest growing economy in Central America for the eighth consecutive year. Poverty has skyrocketed to 47.5% of the population, an increase of approximately 10%, over the same eight-year period. We continue to reach out to the Government of El Salvador to end this dispute to allow our Salvadoran employees to get back to work."

The El Dorado Mine, as designed and submitted to the Salvadoran authorities eight years ago, set new precedents for environmental protection in all of the Americas and exceeds current Canadian and US environmental standards. Preservation of water quality and quantity is a key component of the industry-leading El Dorado mine design. Water for ore processing is to be collected in a reservoir in the subtropical ecosystem and not drawn from local water supplies. The water used by the operation will be extensively recycled and any water discharged from the reservoir will be processed by a water treatment plant. Water leaving the reservoir will be significantly cleaner than it was when it arrived on site and will provide a clean water source for local villages.

Had El Salvador followed its own laws, the El Dorado Mine would be in operation today, employing thousands of Salvadorans in one of the poorest regions of the country. The El Dorado operation would be the single greatest taxpayer in El Salvador.

Pak may press for neutral expert to settle legal battle with India over Kishanganga dam

Apr 01, http://www.newstrackindia.com/newsdetails/2013/04/01/176-Pak-may-press-for-neutral-expert-to-settle-legal-battle-with-India-over-Kishanganga-dam-.html

Even though the International Court of Arbitration (ICA) has already announced its partial award on the controversial Kishanganga dam, the dispute is far from over.

Pakistan and India may soon enter a new legal battle if New Delhi doesn't change the design of the hydropower project being built on the Neelum-Jehlum river in the disputed Himalayan region of Kashmir, reports The Express Tribune.

According to sources, Islamabad has asked New Delhi to not restart the construction of the dam until differences over the project have been resolved either amicably or through the intervention of a neutral expert. They added that since India is noncommittal, Pakistan may be forced to approach a neutral expert earlier than expected.

Polish judge to represent China in PH arbitration

Mar 25, http://www.rappler.com/nation/24616-polish-judge-to-represent-china-in-ph-arbitration

MANILA, Philippines - Polish judge Stanislaw Pawlak will represent China in the arbitral proceedings initiated by the Philippines over the territorial dispute in the West Philippine Sea (South China Sea), a senior government official told Rappler on Sunday, March 24.

Procurador propone en Bolivia mayor claridad en los acuerdos de inversión

Mar 29, http://www.pge.gob.ec/es/rotativo/1955-procurador-propone-que-en-los-acuerdos-de-inversion-exista-mayor-claridad-y-equilibrio-de-las-obligaciones-de-los-inversionistas-frente-a-los-estados.html

DURANTE ENCUENTRO INTERNACIONAL EN BOLIVIA

PROCURADOR PROPONE QUE EN LOS ACUERDOS DE INVERSIÓN EXISTA MAYOR CLARIDAD Y EQUILIBRIO DE LAS OBLIGACIONES DE LOS INVERSIONISTAS FRENTE A LOS ESTADOS

En el marco del Encuentro Internacional "Defensa Legal de los Estados: temáticas de actualidad" que se desarrolló los días 26 y 27 de marzo en La Paz, Bolivia, el Procurador General del Estado, doctor Diego García Carrión, presentó la ponencia "Los acuerdos de inversión frente a los requerimientos de la defensa estatal" ante un auditorio compuesto por autoridades y especialistas de varios países de la región.

En la conferencia, que se efectuó el martes 26, el Procurador García abordó temáticas relevantes de los Tratados Bilaterales de Promoción y Protección de Inversiones y otras formas de Acuerdos de Inversión, destacando puntos críticos que deben ser observados al momento de negociar y suscribir dichos acuerdos, relacionados con los estándares de protección de las inversiones, el equilibrio entre las obligaciones y derechos de los Estados y los inversionistas, y los mecanismos de solución de controversias inversionistas-Estado.

En este sentido, explicó que en los acuerdos de inversión que ha suscrito Ecuador, actualmente no existe claridad sobre la intención y el alcance de los estándares de protección a la inversión, lo que ha provocado disparidad de interpretaciones, ante lo cual planteó que "el alcance de la protección otorgada a través de los estándares de un acuerdo de inversión, debe estar establecida con claridad, reduciendo ambigüedades y disparidad de interpretaciones".

Al referirse a los acuerdos de inversión, el abogado del Estado dijo que "no han tenido un adecuado balance, pues han establecido únicamente obligaciones para los Estados y derechos para los inversionistas", por lo que propuso establecer obligaciones claras para los inversionistas.

En el Encuentro Internacional también intervinieron los Procuradores Generales de los Estados de Paraguay, doctor Pedro Valiente Lara, y de Bolivia -país organizador del evento-, doctor Hugo Montero Lara. También participó la Ministra de Planificación del Desarrollo del Estado boliviano, Viviana Caro; la doctora Mariana Hernández Crespo, experta invitada por el Banco Mundial; y, el doctor Álvaro Galindo, del estudio jurídico Dechert LLP., entre otros.

Qatar, Australia arbitration centres' agreement to boost investment

Mar 21, http://www.ameinfo.com/qatar-australia-arbitration-centres-agreement-boost-334195

Investment between Australia and Qatar is set to increase following an agreement signed between the Qatar Chamber / Qatar International Center for Conciliation and Arbitration (QICCA) and the Australian Centre for International Commercial Arbitration (ACICA).

Rurelec PLC - Commencement Of Final Hearing Against Bolivia

Apr 02, http://www.rurelec.com/news-and-publications/236-commencement-of-final-hearing-against-bolivia

Rurelec PLC, (AIM:RUR) the electricity utility which owns and operates power generation capacity in Latin America, announces the commencement today of the final hearing of its ongoing arbitration against the Plurinational State of Bolivia ("Bolivia") commenced on 24 November 2010 pursuant to the UK-Bolivia investment treaty.

The arbitration will determine the value of compensation due to Rurelec for the expropriation of its controlling share stake in Empresa Guaracachi SA ("Guaracachi") and other associated assets. The Arbitration is administered by the Permanent Court of Arbitration (PCA) under the arbitration rules of the United Nations Committee on International Trade Law (UNCITRAL). The value of the claim for the expropriation of its controlling share stake in Guaracachi and other associated assets has been assessed by its independent valuation experts at US $142.3 million.

The parties agreed to transparency relating to documents filed in the arbitration process and hearings, the audio record of which will be published. Details of the claim together with transcripts of the final arbitration hearing will be posted on the PCA and Rurelec websites: www.rurelec.com and www.pca-cpa.org . Shareholders in Rurelec will be able to access the transcripts as they are posted each day of the hearing.

The parties are bound by the decision of the arbitration tribunal, which is not appealable on the merits.

Speaking today, Peter Earl, Chief Executive of Rurelec, said: "I am pleased to report that the arbitration process is now nearing its end as we continue to seek full compensation for the loss of Guaracachi. We hope that it will now not be long before Bolivia pays the compensation that it owes Rurelec for the nationalization of Guaracachi to enable the Rurelec group to reinvest in replacement power generation assets in Latin America."

Rusoro Mining Ltd. Submits US$ 3.03 Billion Arbitration Claim Against Venezuela

Mar 21, http://www.rusoro.com/s/News_Releases.asp?ReportID=577302

Vancouver, Canada -- Rusoro Mining Ltd. announced today it has filed the Statement of Claim in its arbitration against the Bolivarian Republic of Venezuela before the World Bank's International Centre for Settlement of Investment Disputes ("ICSID"), in accordance with the provisions of the Canada-Venezuela Bilateral Investment Treaty ("BIT").

Rusoro's claims allege violations by Venezuela of several guarantees of the Canada-Venezuela BIT, including by expropriating its investments in Venezuela without adequate compensation, by failing to accord to its investments fair and equitable treatment and full protection and security; and by failing to guarantee Rusoro the unrestricted transfer of its investments and returns in Venezuela.

Based on a March 15, 2013 valuation performed by an independent expert, Rusoro seeks compensation for all of its losses caused by Venezuela's breaches of the BIT for the amount of US$ 3.03 billion.

Andre Agapov, President and CEO, stated "The filing of the Statement of Claim represents a significant milestone in the arbitration process and we firmly believe in our case and the pursuit of fair-value compensation for the loss of our significant investment in Venezuela."

Russia: Rosneft pays out in historic TNK-BP deal completion

Mar 21, http://www.reuters.com/article/2013/03/21/rosneft-tnkbp-idUSL6N0CD9D720130321

Russia: Vladimir Putin interferes in argument of courts

Mar 22, http://www.themoscowtimes.com/news/article/what-the-papers-say-mar-21-2013/477243.html

Maksim Ivanov et al. article headlined "Vladimir Putin interferes in argument of courts" says that President Vladimir Putin has submitted to the State Duma amendments to the Arbitration Procedure Code, which envisage reducing the powers of arbitration courts; p 2 (439 words).

Russian space giant Energia moves to dismiss $355 mln Boeing suit

Apr 01, http://rapsinews.com/judicial_news/20130401/266889247.html

According to Energia, Boeing submitted a "virtually identical" complaint against it, Yuzhnoye, and a third party before the Arbitration Institute of the Stockholm Chamber of Commerce in October 2009. That claim is currently pending appeal. Energia asserts that when applied to the present case, the Colorado River doctrine militates in favor of a stay pending the outcome of the Swedish appeal.

Russia's Gazprom dismisses Ukraine's threat to buy more gas from Europe

Mar 25, http://www.theglobeandmail.com/report-on-business/international-business/european-business/russias-gazprom-dismisses-ukraines-threat-to-buy-more-gas-from-europe/article10319532/

Ukraine's plan to buy more gas from Europe and reduce imports from Russia will not work because European prices are rising, Russia's OAO Gazprom said, signalling it will not budge in a price dispute with Kiev.

RWE to slash Hungarian investment in face of "virtual expropriation"

Mar 25, http://www.bne.eu/story4726/RWE_to_slash_Hungarian_investment_in_face_of_virtual_expropriation

RWE plans to slash investment in Hungary by 50% this year, a senior company official said late last week, citing the government's "completely unacceptable" policy moves. The German utility is the second major foreign investor to suggest in as many weeks unhappiness is turning to fear as Fidesz tightens its grip on the levers of power ahead of elections next year.

See You in Court: Russians May Sue Over Cyprus Losses

Mar 26, http://www.cnbc.com/id/100593713

"It's worth trying, it's not going to be easy, its not going to be a one-off, 24-hour court case, but the nature of the action itself sounds like expropriation," said Andrey Goltsblat, managing partner at Moscow-based law firm Goltsblat BLP.

Sime Darby Berhad: Commencement of Arbitration Proceedings against Tenaga Nasional Berhad

Mar 27, http://www.4-traders.com/SIME-DARBY-BERHAD-6491393/news/Sime-Darby-Berhad-MATERIAL-LITIGATION-16581586/

Announcement Details/Table Section :

Pursuant to paragraphs 9.03 and 9.04 (g) of the Main Market Listing Requirements of Bursa Malaysia Securities Berhad, Sime Darby Berhad (Sime Darby) wishes to announce that its 75%-owned subsidiary, Port Dickson Power Berhad (PDP) has, on 26 March 2013 commenced arbitration proceedings under the Kuala Lumpur Regional Centre for Arbitration Rules, against Tenaga Nasional Berhad (TNB).

PDP, the claimant, is the owner of an electricity generating facility located at Port Dickson, Negeri Sembilan, which is designed and constructed in two power blocks each consisting of two nominal 110-megawatt gas-fired generating units. Pursuant to a Power Purchase Agreement (PPA) dated 10 December 1993 between PDP and TNB, TNB was to purchase from PDP the generating capacity and electric energy generated by PDP's facility.

The commencement of the arbitration proceedings against TNB, the respondent is in relation to the recovery of outstanding capacity and energy payments due to the adjustment of the Fixed Operating Rate (FOR) and Variable Operating Rate (VOR) for the period from February 1999 to November 2011 together with interests thereon.

The arbitration proceeding taken by PDP is not expected to have a material impact on the earnings and the net assets of the Sime Darby Group for the financial year ending 30 June 2013.

None of the directors or substantial shareholders of Sime Darby or persons connected to them has any interest, direct or indirect, in the aforesaid arbitration proceeding.

This announcement is dated 26 March 2013.

Sime, Swiber go for arbitration

Mar 28, http://www.thesundaily.my/news/647512

Sime Darby Bhd's unit Sime Darby Engineering Sdn Bhd (SDE) and its consortium partner for a US$188.9 million oil and gas job for Oil and Natural Gas Corp Ltd (ONGC), are heading to the Singapore International Arbitration Centre to resolve disputes and differences between the two parties. SDE received a notice of arbitration from Swiber Offshore Construction Pte Ltd (SOC) in relation to its claim against SDE on March 26, 2013.

South Africa: The Expropriation Bill is back

Mar 28, http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71654?oid=366683&sn=Detail&pid=71616

Anthea Jeffery says Bill will allow govt to take all kinds of assets, at below market value

South Korea, Turkey FTA Effective On May 1

Apr 02, http://www.tax-news.com/news/South_Korea_Turkey_FTA_Effective_On_May_1____60309.html

The free trade agreement (FTA) between South Korea and Turkey, which was signed on August 1 last year, will go into effect on May 1, following its ratification by the countries' parliaments.

Statement by the Mediation: Agreement between the government of Sudan and JEM-Sudan initialed today

Mar 26, http://www.newstimeafrica.com/archives/31361

DOHA, Qatar, March 25, 2013 - African Press Organization (APO) - H.E. Ahmed bin Abdallah Al-Mahmoud, Deputy Prime Minister and Minister of State for Cabinet Affairs, and H.E. Aichatou Mindaoudou, the AU-UN Joint Chief Mediator for Darfur, a.i, made the following statement:

In the presence of H.E. Ahmed bin Abdallah Al-Mahmoud, Deputy Prime Minister and Minister of State for Cabinet Affairs, and H.E. Aichatou Mindaoudou, the AU-UN Joint Chief Mediator for Darfur, a.i, an Agreement between the Government of Sudan and the Justice and Equality Movement-Sudan on the basis of the Doha Document for Peace in Darfur (DDPD) has been initialed today, the 24th of March 2013, in Doha, by the delegations of the Government of Sudan under the leadership of H.E. Dr. Amin Hassan Omar, Minister of State in the Presidency and Head of Darfur Peace Follow-Up office, and the Justice and Equality Movement under the leadership of Mr. Mohammad Bashar Ahmad, President of the Movement, respectively.

This Agreement is initialed following the Declaration on Cessation of Hostilities and Commitment to the Peace Process signed on 24th of October 2012; the Agenda for Negotiations signed on the 24th of January 2013, and the Ceasefire Agreement signed on the 10th of February 2013.

Meanwhile, the Negotiations between the Parties shall continue in order to reach an agreement on issues related to final security arrangements and political participation.

The Mediation urges the Parties to continue their negotiations in the same constructive spirit that has so far prevailed in order to reach a comprehensive and lasting settlement for the conflict in Darfur.

Sweden: The arbitration panel confirms Klövern AB's right to redeem the minority shares in Dagon AB

Mar 21, http://cws.huginonline.com/K/134084/PR/201303/1686987_5.html

... The arbitration panel confirmed in an award announced in Stockholm on 3 January 2013 that Klövern was entitled, and is obliged, to redeem the remaining shares in Dagon, which are not owned by Klövern. The arbitration panel set the redemption amount that Klövern is to pay per Dagon share at SEK 80 with a supplement for interest at an amount corresponding to the reference rate from time to time with an addition of two percentage points from 17 April 2012 to 8 March 2013. Thereafter, interest will be paid at an amount corresponding to the reference rate from time to time with an addition of eight percentage points until payment has been made in full. ...

The United States Explores New Opportunity to Boost Trade and Investment with West Africa

Mar 29, http://www.ustr.gov/about-us/press-office/press-releases/2013/march/US-explores-opportunity-west-Africa

Acting United States Trade Representative Demetrios Marantis announced today that the United States is exploring the possibility of a Trade and Investment Framework Agreement (TIFA) with the Economic Community of West African States (ECOWAS). The announcement came during a visit to Washington, D.C. of President Koroma of Sierra Leone, President Sall of Senegal, President Joyce Banda of Malawi, and Prime Minister Neves of Cape Verde. Sierra Leone, Senegal, and Cape Verde are all ECOWAS Member States.

"A Trade and Investment Framework Agreement with the Economic Community of West African States can significantly contribute to economic growth and increased international competitiveness on both sides of the Atlantic. I welcome the support that visiting Heads of State from Cape Verde, Senegal, and Sierra Leone have given to the idea of this proposed new partnership," said Ambassador Marantis. "We are excited about the opportunity to work with these important West African partners - with guidance from our stakeholders and Members of Congress - on boosting our trade and investment relationship."

On March 28, President Obama met with the four African Leaders at the White House. As a follow-up to that meeting, Ambassador Marantis and other senior Obama Administration officials proposed that the United States and ECOWAS explore the possibility of concluding a TIFA, among other steps, to increase U.S.-Africa trade and investment. The proposal demonstrates the United States' ongoing support for ECOWAS, as well as the United States' continued commitment to Africa's regional integration and to deepening U.S. economic engagement in West Africa.

If concluded, the TIFA would help support American jobs by creating opportunities for U.S. companies interested in doing business in West Africa, and would assist in addressing impediments to U.S. trade and investment in the region. It would also provide a forum for discussion of topics relevant to economic integration efforts in West Africa.

The proposed U.S.-ECOWAS TIFA would build on the U.S. Strategy Toward Sub-Saharan Africa, which was unveiled in June 2012. The U.S. Strategy calls for more enhanced and focused engagement on trade and investment between the United States and sub-Saharan Africa and recognizes trade and investment as a critical engine for broad economic growth.

The United States has TIFAs with four African regional economic organizations: the East African Community (EAC), the Common Market for Eastern and Southern Africa (COMESA), the West African Economic and Monetary Union (WAEMU/UEMOA), and the Southern African Customs Union (SACU). The United States also has eight bilateral TIFA partners in sub-Saharan Africa: Angola, Ghana, Liberia, Mauritius, Mozambique, Nigeria, Rwanda, and South Africa. The United States has been using these bilateral and regional TIFAs to support regional integration, encourage greater two-way trade and investment, build capacity in the African private sector, and help support American jobs and opportunities for U.S. businesses in Africa.

Tunisia, Germany Sign MOU to Increase Economic Exchanges

Mar 23, http://allafrica.com/stories/201303230072.html

The MoU was signed by the Tunisian Union of Industry, Trade and Handicrafts (UTICA), the Foreign Investment Promotion Agency (FIPA), on the Tunisian side and the Tunisian-German Chamber of Commerce and Industry (AHK) and the German-African Business Association (Afrika-Verein), on the German side.

Uganda has won a landmark $434m oil tax case in London against Heritage Oil and Gas Ltd.

Apr 04, http://www.newvision.co.ug/news/641319-uganda-wins-case-against-tullow-oil.html

A three-member arbitration team ruled against the three core tax claims by Heritage, which was contesting the decision by the Uganda Revenue Authority (URA) to tax their $1.45b transaction with Tullow Oil, according to Ali Ssekatawa, URA assistant commissioner for litigation. This is the second time that Heritage Oil has lost in the case.

US says trade talks are ajar for China - TPP

Mar 21, http://usa.chinadaily.com.cn/epaper/2013-03/21/content_16329114.htm

Acting US Trade Representative Demetrios Marantis said on Wednesday that it's up to China if the country wants to join the TPP talks and satisfy the 11 nations now engaged that it could live up to the pact's requirements.

US supports PHL's call for arbitration in settling territorial row with China - DFA

Apr 03, http://www.gmanetwork.com/news/story/302162/news/nation/us-supports-phl-s-call-for-arbitration-in-settling-territorial-row-with-china-dfa

In a meeting with Philippine Foreign Affairs Secretary Albert del Rosario in Washington, US State Secretary John Kerry said "we support a code of conduct, and we are deeply concerned some of those tensions and would like to see it worked out through a process of arbitration."

US: Halliburton Denied Change Of Venue In $300 Million Arbitration Demand, Ecosphere Technologies Hearings To Be Held In Miami

Mar 27, http://www.thestreet.com/story/11879695/1/halliburton-denied-change-of-venue-in-300-million-arbitration-demand-ecosphere-technologies-hearings-to-be-held-in-miami.html

The American Arbitration Association issued a ruling in favor of Ecosphere Technologies, Inc. ("Ecosphere") last Friday, mandating that hearings in a $300 million demand against Halliburton Energy Services, Inc. will be held in Miami, FL. The ruling came after Halliburton petitioned to have the venue changed to Houston, Texas.

US: Investor says may appeal lost arbitration against Goldman

Mar 21, http://www.reuters.com/article/2013/03/21/goldman-finra-arbitration-idUSL1N0CDISC20130321?rpc=401

Reuters - The founder of a medical devices company who racked up losses of $1.4 million in a Goldman Sachs Group Inc private debt fund is considering whether to appeal an arbitration ruling against him.

US: Mediation resuming in Savannah River suit

Mar 26, http://www.seattlepi.com/news/science/article/Mediation-resuming-in-Savannah-River-suit-4381998.php

CHARLESTON, S.C. (AP) - Attorneys working to settle a federal lawsuit challenging the $650 million deepening of the Savannah River shipping channel meet again this week in another round of court-ordered mediation.

Why Congress and Courts Must Respect Citizens' Rights to Arbitration

Mar 28, http://www.heritage.org/research/reports/2013/03/why-congress-and-the-courts-must-respect-citizens-rights-to-arbitration

Abstract

By Andrew Kloster - The Federal Arbitration Act (FAA) established strong federal policy in favor of arbitration. Arbitration is a form of private dispute resolution that utilizes neutral, professional arbitrators in lieu of costly litigation. Both businesses and consumers benefit from the speed, efficiency, and professionalism of recognized arbitration associations. However, arbitration has come under attack in Congress, executive agencies, and the courts. This term, the Supreme Court of the United States will decide two cases concerning the FAA. The Court should continue to craft clear rules that enforce the plain meaning of contracts between the parties. Furthermore, all Americans should be concerned about efforts to limit citizens'; arbitration rights, and Congress should resist special-interest, lawyer-friendly amendments that weaken or undermine the purposes of the FAA.

Zimbabwe: Zimplats Objection to Compulsory Land Acquisition

Mar 28, http://www.zimplats.com/news_story75.pdf

Further to the 5 March 2013 announcement regarding the proposed compulsory acquisition of land, Zimplats Holdings Limited confirms that its subsidiary, Zimbabwe Platinum Mines (Private) Limited (Zimplats) lodged an objection on 27 March 2013 to the Preliminary Notice published in General Notice 123 of 2013 in the Zimbabwean Government Gazette Extraordinary of 1 March 2013 with regard to the President's intention to acquire compulsorily 27 948 hectares of land held by Zimplats.

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.

Presentations UNCITRAL / VIAC / YAAP Joint Conference 2013

Mar 22, http://www.viac.eu/en/component/content/article/9-nicht-kategorisiert/127-presentations-viac-seminar

To download the presentations of the UNCITRAL / VIAC / YAAP Joint Conference please visit the VIAC website.

Qatar: QICDRC supports symposium on international commercial arbitration

Mar 20, http://www.zawya.com/story/QICDRC_supports_symposium_on_international_commercial_arbitration-ZAWYA20130320115642/

The Qatar International Court and Dispute Resolution Centre (QICDRC) will officially support a symposium on international commercial arbitration taking place in Doha tomorrow. Hosted by the London Court of Arbitration (LCIA) Arab User's Council, the symposium will be attended by lawyers, academics and members of the local and international business community.

JOBS / MOVES

Government Renews KLRCA Director's Contract - Datuk Sundra Rajoo

Mar 28, http://www.klrca.org.my/scripts/list-posting.asp?recordid=358

Kuala Lumpur, 28 March 2013 - The Kuala Lumpur Regional Centre for Arbitration (KLRCA) today announced that the Government of Malaysia has renewed the appointment of Datuk Sundra Rajoo as the Director of the Centre for another three-year term.

Datuk Sundra, who was first appointed in 2010, is the first practising, professional arbitrator to become the Director of KLRCA. The Centre was first set up in 1978 as part of a Host Country Agreement between Malaysia and the Asian-African Legal Consultative Organization (AALCO). The host country agreement was also renewed for five years on 26 March 2013 in a signing ceremony between the Minister in the Prime Minister's Department, Dato' Seri Mohamad Nazri Aziz and the Secretary-General of AALCO, Professor Dr Rahmat Mohamad.

Speaking during the signing ceremony, the Attorney-General of Malaysia who is also the Chairman of the KLRCA Advisory Board, Tan Sri Abdul Gani Patail said that the "indefatigable and indomitable Datuk Sundra has succeeded in reinvigorating the KLRCA through his sheer commitment and dedication to this institution and passion for Alternate Dispute Resolution (ADR) as a whole."

Under Datuk Sundra's leadership, KLRCA has updated its Arbitration Rules as well as produced new products such as the Fast Track Rules and the i-Arbitration Rules, the world's first Islamic arbitration rules which won Global Arbitration Review's award for "Innovation By An Institution or Individual in 2012". He had also successfully engaged stakeholders such as the Malaysian Bar, Judiciary and the local arbitral community to create a thriving arbitration centre in Kuala Lumpur. KLRCA is also the official adjudication authority in Malaysia, where statutory adjudication will come into force later this year.

Commenting on his appointment renewal, Datuk Sundra said, "I am honoured by the confidence that the Malaysian Government and AALCO has in me, the Centre and staff. I hope to continue on the work that we have built over these past three years and make KLRCA and Malaysia the preferred alternative dispute resolution hub in the Asia-Pacific region."

... See @ogeltdm for further updates...