issue #05, week 17. 23 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:

CPR and the Irish Commercial Mediation Association Enter into Historic Agreement to Recognize Respective Pledges Promoting ADR

Apr 15, http://www.cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/782/CPR-and-the-Irish-Commercial-Mediation-Association-Enter-into-Historic-Agreement-to-Recognize-Respective-Pledges-Promoting-ADR-Press.aspx

New York, April 15, 2012 – Today, the International Institute for Conflict Prevention and Resolution (CPR) and the Irish Commercial Mediation Association (ICMA), which is based in Ireland, entered into an historic Mutual Recognition Agreement to promote their respective ADR pledges and charters as mutually supportive of each other. The purpose of this unique collaboration is to increase awareness of alternative dispute resolution (ADR) processes worldwide and to strengthen each organization’s efforts to do so through pledges, charters and commitments. In the agreement, CPR and ICMA mutually recognize the CPR Corporate Policy Statement on Alternatives to Litigation, the CPR 21st Century Corporate ADR Pledge and ICMA’s Pledge for Mediation.

Mr. Austin Kenny, ICMA’s Chairman stated “Our sole purpose is to promote the awareness and use of mediation in business – both for preventing and resolving disputes. Simply put, mediation is the most efficient way of dealing with business disputes. If you find yourself in a dispute, we believe your business is best served by choosing mediation. If you are an adviser we encourage you to present mediation as a first option to your clients.”

Kathy A. Bryan, CPR’s President && CEO underlined 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 ICMA’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.”

EFTA and Peru assess functioning of new free trade agreement - EFTA

Apr 17, http://www.efta.int/free-trade/free-trade-news/2013-04-17-efta-peru-sub-jc-1st-mtng.aspx

The Joint Committee established under the free trade agreement (FTA) between the EFTA States and Peru held its first meeting on 17 April 2013 in Geneva.

The EFTA-Peru FTA entered into force between July 2011 and July 2012 for the five contracting parties. It has a broad coverage, notably including trade in goods, protection of intellectual property rights, investment and government procurement.

The Joint Committee welcomed the smooth and effective implementation of the FTA to date. It adopted its rules of procedure as well as a decision updating the product-specific rules of origin. Delegations furthermore agreed to commence negotiations in due course on a full chapter on trade in services and the possible inclusion of provisions on trade and sustainable development.

EFTA's spokesperson in the Joint Committee was Ambassador Didier Chambovey, from Switzerland, while Mr Diego Alonso Urbina Fletcher, Director in the Ministry of Foreign Trade and Tourism, headed the Peruvian team.

Merchandise trade between the EFTA States and Peru has developed strongly over the last decade, with annual growth averaging 24%. Between 2011 and 2012, the annual increase amounted to 40%. Total bilateral trade reached USD 661 million in 2012, with significantly more exports from Peru to EFTA (USD 474 million) than vice versa (USD 187 million)

EFTA Council discusses current free trade negotiations and the summer Ministerial meeting - EFTA

Apr 18, http://www.efta.int/about-efta/news/2013-04-18-efta-council.aspx

The EFTA Council met for the second time this year on 18 April under the chairmanship of Norway. The Council discussed free trade relations with several countries outside the European Union and approved amendments to the EFTA Convention. The Council also started preparations for the EFTA Summer Ministerial meeting in Norway.

The EFTA Summer Ministerial meeting will be held on 24 June 2013 in Trondheim, Norway and will be chaired by Norwegian Minister of Trade and Industry, Trond Giske. In addition to their own deliberations, the EFTA Ministers will meet with the association's committees of Members of Parliament and representatives of the social partners of the member countries.

The latest round of free trade negotiations with the Customs Union of Russia, Belarus and Kazakhstan was held in Irkutsk, Russia from 8 to 11 April. Progress was made in several areas including sustainable development and trade in services and investment. Talks with Indonesia on a Comprehensive Economic Partnership Agreement were held at the start of March in Lugano, Switzerland, where advancements were made on substantive and technical issues as well as capacity building.

The Council amended the EFTA Convention annexes on Air Transport and Free Movement of Persons. The Convention regulates relations between the EFTA States.

The next Council meeting will take place on 24 May 2013.

EFTA States pursue free trade negotiations with Russia, Belarus and Kazakhstan - EFTA

Apr 11, http://www.efta.int/free-trade/free-trade-news/2013-04-11-efta-rubeka-8th-rnd-fta-neg.aspx

Delegations met for an eighth round of negotiations on a broad-based preferential trade agreement from 8 to 11 April 2013 in Irkutsk, Russia.

During the round, experts from the four EFTA States and the members of the customs union of Russia, Belarus and Kazakhstan addressed most parts of the draft free trade agreement, making progress, inter alia, on trade in industrial and agricultural products, trade in services and investment, and sustainable development. Delegations agreed on a sequence of further negotiation meetings in the course of this year.

The EFTA team was headed by Mr Jan Farberg, Director General at the Norwegian Ministry of Trade and Industry, while Ms Ekaterina Mayorova, Deputy Director of the Department for Trade Negotiations at the Ministry of Economic Development of the Russian Federation, led the delegations of the customs union states.

The three countries forming the Russia/Belarus/Kazakhstan customs union are EFTA's sixth largest export destination and fifth largest import source outside the European Union, with two-way merchandise trade worth USD 8.6 billion in 2012, and a significant partner for trade in services and investment.

IMI ADR Users Survey Results

Apr 06, http://www.imimediation.org/imi-adr-users-survey-results

Over 70 in-house dispute resolution counsel responded to the IMI ADR Users Survey. The Survey covered questions rarely asked of corporate users, including:

To view the Summary of the results: http://www.imimediation.org/imi-international-corporate-users-adr-survey-summary

ICJ: Frontier Dispute (Burkina Faso/Niger) - The Court to deliver its Judgment on Tuesday 16 April 2013 [pdf]

Apr 8, http://www.icj-cij.org/docket/files/149/17282.pdf

THE HAGUE, 8 April 2013. On Tuesday 16 April 2013, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, will deliver its Judgment in the case concerning the Frontier Dispute (Burkina Faso/Niger).

A public sitting will take place at 10 a.m. (The Hague time), during which the President of the Court, Mr. Peter Tomka, will read the Court's Judgment. It is recalled that the judgments of the Court have binding force and are without appeal for the parties concerned.

1. Live and on-demand webcasts

This sitting will first be broadcast live and in full 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/). It will subsequently also be available as a recorded webcast (VOD) on the UN Web TV site (http://webtv.un.org/meetings-events/).

...

ICJ: Frontier Dispute (Burkina Faso/Niger) The Court determines the course of the frontier between the two States in the sector running from the astronomic marker of Tong-Tong to the beginning of the Botou bend

Apr 16, http://www.icj-cij.org/docket/files/149/17304.pdf

THE HAGUE, 16 April 2013. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, today delivered its Judgment in the case concerning the Frontier Dispute (Burkina Faso/Niger).

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

(1) finds, unanimously, that it cannot uphold the requests made in points 1 and 3 of the final submissions of Burkina Faso;

(2) decides, unanimously, that, from the Tong-Tong astronomic marker, situated at the point with geographic co-ordinates 14° 24' 53.2" N; 00° 12' 51.7" E, to the Tao astronomic marker, the precise co-ordinates of which remain to be determined by the Parties as specified in paragraph 72 of the present Judgment, the course of the frontier between Burkina Faso and the Republic of Niger takes the form of a straight line;

(3) decides, unanimously, that, from the Tao astronomic marker, the course of the frontier follows the line that appears on the 1:200,000-scale map of the Institut géographique national (IGN) de France, 1960 edition, (hereinafter the "IGN line") until its intersection with the median line of the River Sirba at the point with geographic co-ordinates 13° 21' 15.9" N; 01° 17' 07.2" E;

(4) decides, unanimously, that, from this latter point, the course of the frontier follows the median line of the River Sirba upstream until its intersection with the IGN line, at the point with geographic co-ordinates 13° 20' 01.8" N; 01°07' 29.3" E; from that point, the course of the frontier follows the IGN line, turning up towards the north-west, until the point, with geographic co-ordinates 13° 22' 28.9" N; 00° 59' 34.8" E, where the IGN line turns south. At that point, the course of the frontier leaves the IGN line and continues due west in a straight line until the point, with geographic co-ordinates 13° 22' 28.9" N; 00° 59' 30.9" E, where it reaches the meridian which passes through the intersection of the Say parallel with the right bank of the River Sirba; it then runs southwards along that meridian until the said intersection, at the point with geographic co-ordinates 13° 06' 12.08" N; 00° 59' 30.9" E;

(5) decides, unanimously, that, from this last point to the point situated at the beginning of the Botou bend, with geographic co-ordinates 12° 36' 19.2" N; 01° 52' 06.9" E, the course of the frontier takes the form of a straight line;

(6) decides, unanimously, that it will nominate at a later date, by means of an Order, three experts in accordance with Article 7, paragraph 4, of the Special Agreement of 24 February 2009.

A summary of the Judgment appears in the document "Summary No. 2013/1". This press release, the summary and the full text of the Judgment are available on the Court's website (www.icj-cij.org), under the heading "Cases".

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) - Conclusion of the public hearings - Court to begin its deliberation

Apr 19, http://www.icj-cij.org/docket/files/151/17328.pdf

THE HAGUE, 19 April 2013. The public hearings in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) were concluded today. The Court will now begin its deliberation.

During the hearings, which opened on Monday 15 April 2013 at the Peace Palace, seat of the Court, the delegation of Cambodia was led by H.E. Mr. Hor Namhong, Deputy Prime Minister and Minister for Foreign Affairs and International Co-operation, as Agent; and the delegation of Thailand was led by H.E. Mr. Virachai Plasai, Ambassador Extraordinary and Plenipotentiary of the Kingdom of Thailand to the Kingdom of the Netherlands, as Agent.

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

ICSID: Montenegro Ratifies the ICSID Convention

Apr 11, https://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement127

Having signed the ICSID Convention on July 19, 2012, Montenegro deposited with the World Bank an Instrument of Ratification of the Convention on April 10, 2013.

Pursuant to Article 75 of the ICSID Convention, the World Bank has notified all ICSID Convention signatory States of Montenegro's ratification.

In accordance with its Article 68(2), the ICSID Convention will enter into force for Montenegro on May 10, 2013.

IMF Urges Sudan to Use $3 Billion Oil Payment to Support Reforms

Apr 22, http://www.bloomberg.com/news/2013-04-22/imf-urges-sudan-to-use-3-billion-oil-payment-to-support-reforms.html

The International Monetary Fund urged Sudan to divert more than $3 billion in compensation it’s set to receive from South Sudan to back reforms that will provide the government with more reliable revenue streams.

KLRCA aims to arbitrate 250 cases in 3 years

Apr 12, http://www.thesundaily.my/news/659902

The Kuala Lumpur Regional Centre for Arbitration (KLRCA), a forum for settlement by arbitration of disputes concerning trade, commerce and investment in Asia-Pacific, aims to arbitrate 250 cases per year by 2016, from 100 cases last year, said its director Datuk Sundra Rajoo.

India questions U.S. green energy incentives at WTO

Apr 17, http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/india-questions-us-green-energy-incentives-at-wto/article11347849/?cmpid=rss1

India hit back at U.S. accusations of trade restrictions in its solar industry on Wednesday, suggesting Washington was guilty of the banned practices, in a move that may deepen divides between giants of the developing and developed world.

LCIA: Battle over €38 million loan for Rothschild's yacht goes to arbitration

Apr 19, http://www.superyachtnews.com/business/19187/battle_over_38_million_loan_for_rothschilds_yacht_goes_to_arbitration.html

A protracted legal wrangle between millionaire financier, Nat Rothschild and Peter Landers, director of France based builder, Monaco Yachting & Technologies (MYT), has been taken out of court into arbitration in the latest stage of a complex battle, in which both sides fiercely stake their claims to millions in loan money.

PCA: Secretary-General Delivers Speech at Dutch-Russian Seminar

Apr 10, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=357&pag_id=1261

On March 6, 2013, PCA Secretary-General Hugo Siblesz took part in the seminar “Better Justice, Better Business,” organized by the Dutch Ministry of Security and Justice in cooperation with the Russian Ministry of Justice and the St. Petersburg International Legal Forum within the framework of the Netherlands-Russian Federation Bilateral Year 2013. Arbitration and mediation in a transnational context were the themes of the seminar, which was attended by some 120 guests (government officials, academics and private sector parties). Participants were welcomed by Ivo Opstelten, Minister of Security and Justice of the Netherlands, and Arkadiy Dvorkovich, Deputy Prime Minister of the Russian Federation.

The Secretary-General spoke about the role of the PCA in creating a propitious climate for business relations between the Netherlands and the Russian Federation. The Secretary-General highlighted the “essential—and indeed, unparalleled—role” that the two countries have played in the establishment and shaping of the PCA, Czar Nicholas II having convened the First Hague Peace Conference at which the PCA was created and the Netherlands having supported this initiative from the start through a grant for the purchase of the land on which the Peace Palace, home of the PCA, stands today.

Explaining how an institution created in the late nineteenth century with the lofty goal of pursuing world peace can be relevant to the economic relations of the Netherlands and Russia today, the Secretary-General focused on the PCA’s flexible mandate, which allows it to administer not only State-to-State arbitrations, but also arbitrations between public and private entities. Noting the PCA’s growing caseload of investor-State arbitrations, the Secretary-General stressed that the option of investor-State arbitration in fact “depoliticizes” disputes that might otherwise become inter-State disputes and increases investor confidence by providing for a dispute resolution process allowing for equality of arms between the parties to a dispute.

In the context of the Netherlands–Russian Federation Bilateral Year 2013, the Secretary-General will speak on similar themes at the III St. Petersburg International Legal Forum in May 2013.

For the complete text of the Secretary-General’s speech, click here: http://www.pca-cpa.org/showfile.asp?fil_id=2140

Permanent Court of Arbitration (PCA) 2012 Annual Report

Apr 23, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=360&pag_id=1261

Download: http://www.wx4all.net/pca/PCA-annualreport_2012.pdf

The PCA's International Bureau is pleased to announce the release of its 2012 Annual Report. The Report has not only found a new format, it also presents the 'facts and figures' relating to the PCA's activities in 2012 in a more readable way. Information that relates to PCA-activities in previous years remains accessible via the PCA website.

The Annual report highlights that the PCA administered an increasing number of cases, covering the full spectrum of its mandate. During 2012, the PCA administered 88 cases, 27 of which were initiated in 2012. These included:

UNCTAD publishes its annual review of investor-State dispute settlement cases

Apr 10, http://unctad.org/en/pages/newsdetails.aspx?OriginalVersionID=453&Sitemap_x0020_Taxonomy=Investment%20and%20Enterprise;

Download: Recent Developments in Investor-State Dispute Settlement (ISDS) http://unctad.org/en/PublicationsLibrary/webdiaepcb2013d3_en.pdf

UNCTAD's annual review of investor-State dispute settlement (ISDS) cases - part of the IIA Issues Notes series - provides up-to-date statistical data on treaty-based ISDS cases, an overview of arbitral decisions issued in 2012, and a brief account of some systemic challenges.

The Issues Note reveals that 62 new cases were initiated in 2012, which constitutes the highest number of known ISDS claims ever filed in one year and confirms that foreign investors are increasingly resorting to investor-State arbitration.

Foreign investors challenged a broad range of government measures, including changes to domestic regulatory frameworks (with respect to gas, nuclear energy, the marketing of gold, and currency regulations), as well as measures relating to revocations of licences (in the mining, telecommunications and tourism sectors). Investors also took action on the grounds of alleged breaches of investment contracts, alleged irregularities in public tenders, withdrawals of previously granted subsidies (in the solar energy sector), and direct expropriations of investments.

By the end of 2012, the total number of known cases reached 518, and the total number of countries that have responded to one or more ISDS claims increased to 95. The overall number of concluded cases reached 244. Out of these, approximately 42 per cent were decided in favour of the State and 31 per cent in favour of the investor. Approximately 27 per cent of the cases were settled.

2012 saw some notable developments, including:

Finally, public discourse about the usefulness and legitimacy of the ISDS mechanism is gaining momentum, especially given that ISDS is on the agenda in numerous bilateral and regional IIA negotiations. Although ISDS reform options abound, a systematic assessment of them - including with respect to their feasibility, their expected effectiveness, and methods for their implementation - remains to be carried out. A multilateral policy dialogue could help in developing consensus about a preferred course for reform and ways of putting this into action.

WIPO: India Joins the International Trademark System

Apr 09, http://www.wipo.int/pressroom/en/articles/2013/article_0008.html

India's Minster for Commerce and Industry Anand Sharma today deposited his country's instrument of accession to the Madrid Protocol for the International Registration of Marks at WIPO, bringing the total number of members of the international trademark system to 90. The treaty will enter into force with respect to India on July 8, 2013. The Madrid System for the International Registration of Marks (Madrid system) offers trademark owners a cost effective, user friendly and streamlined means of protecting and managing their trademark portfolio internationally.

World Bank Debars SNC-Lavalin Inc. and its Affiliates for 10 years

Apr 17, http://www.worldbank.org/en/news/press-release/2013/04/17/world-bank-debars-snc-lavalin-inc-and-its-affiliates-for-ten-years

This represents the longest debarment period that has ever been agreed to in a World Bank settlement.

WASHINGTON, April 17, 2013 - The World Bank Group today announced the debarment of SNC-Lavalin Inc. - in addition to over 100 affiliates - for a period of 10 years following the company's misconduct in relation to the Padma Multipurpose Bridge Project in Bangladesh, as well as misconduct under another Bank-financed project. SNC-Lavalin Inc. is a subsidiary of SNC-Lavalin Group, a Canadian company, and represents more than 60% of its business.

The debarment is part of a Negotiated Resolution Agreement between the World Bank and SNC-Lavalin Group following a World Bank investigation into allegations of bribery schemes involving SNC-Lavalin Inc. and officials in Bangladesh.

While the investigation was ongoing, the World Bank's Integrity Vice Presidency also learned of misconduct by SNC-Lavalin Inc. in relation to the World Bank-financed Rural Electrification and Transmission project in Cambodia.

The debarment can be reduced to eight years if the companies comply with all conditions of the agreement. The remainder of the SNC-Lavalin Group has been conditionally non-debarred for the same period of time. Under this sanction, the remainder of SNC-Lavalin Group faces debarment if they fail to comply with the terms and conditions of the Agreement.

"This case is testimony to collective action against global corruption," said Leonard McCarthy, World Bank Integrity Vice President. "Once we had evidence of the company's misconduct, we referred the matter to the Royal Canadian Mounted Police whilst the World Bank finalized its investigation. Going forward, I hope that SNC-Lavalin's commitment under this agreement represents meaningful action in deterring the risks of fraud and corruption to development projects."

SNC-Lavalin's misconduct involved a conspiracy to pay bribes and misrepresentations when bidding for Bank-financed contracts in violation of the World Bank's procurement guidelines. Under the Agreement, the SNC-Lavalin Group and its affiliates commit to cooperating with the World Bank's Integrity Vice Presidency and continuing to improve their internal compliance program. The debarment of SNC-Lavalin Inc. qualifies for cross-debarment by other MDBs under the Agreement of Mutual Recognition of Debarments that was signed on April 9, 2010.

WTO: Algeria resumes its WTO membership negotiations

Apr 05, http://www.wto.org/english/news_e/news13_e/acc_dza_05apr13_e.htm

At the 11th meeting of the Working Party on the Accession of Algeria on 5 April 2013, WTO members reviewed the state of play in bilateral negotiations on goods and services, continued the examination of the Algerian trade regime, based on the revised Working Party Report, and examined legislative developments.

WTO: Bosnia and Herzegovina’s accession talks on track for a 2013 conclusion

Mar 27, http://www.wto.org/english/news_e/news13_e/acc_bih_27mar13_e.htm

At the 11th accession meeting of Bosnia and Herzegovina, WTO members supported the conclusion of its membership negotiations in 2013.

Bosnia and Herzegovina is completing its reforms to bring its trade regime in line with WTO rules and is finalising market access negotiations.

Members reviewed the draft Working Party report (revised version 5) containing the reforms undertaken by Bosnia and Herzegovina to its trade regime. Talks revolved around issues such as import licensing requirements, export regulations, technical barriers to trade as well as sanitary and phytosanitary measures.

Members also evaluated the progress made in the bilateral negotiations on market access for goods and services. Bosnia and Herzegovina has so far signed 11 bilateral market access agreements and intends to finalize the remaining ones by the end of April 2013.

The next meeting is envisaged for June 2013.

WTO: Guatemala files dispute against Peru on certain agricultural products

Apr 12, http://www.wto.org/english/news_e/news13_e/ds457rfc_12apr13_e.htm

Guatemala, on 12 April 2013, notified the WTO Secretariat of a request for consultations with Peru on additional duty on imports of certain agricultural products (WT/DS457).

5 Arbitration Institutes Team Up To File An UDRP For 17 Domains

Apr 14, http://www.thedomains.com/2013/04/14/5-arbitration-institutes-team-up-to-file-an-udrp-for-17-domains/

The 5 Arbitration Institutes filing the UDRP are: AAA/ICDR; SCC; ICC; LCIA; SIAC.

American Arbitration Association® launches Mediation.org to promote and enhance mediation education, practice and growth.

Apr 4, http://www.mediation.org/mediation/ShowProperty?nodeId=/UCM/ADRSTAGE2010659

Seasoned Mediator with Long AAA History to Head New Venture

CHICAGO, ILLINOIS, April 4, 2013 - The American Arbitration Association (AAA ®) today launched a new division, Mediation.org, to expand the Associatio n's focus on the fast-­-growing mediation component of the alternative dispute resolution (ADR) field.

Making the announcement at the American Bar Association's Section of Dispute Resolution meeting, AAA President and CEO India Johnson said Harold Coleman, Jr., Esq., a 26-­-year veteran who has multiple levels of arbitration and mediation experience, will serve as Mediation.org's Executive Director and Mediator.

"Mediation.org is a web-­-based tool that bridges the day-­-to-­-day practice of mediation. It will evolve to serve every aspect of the mediation community with an array of specialized services, including a database of best -­-practice knowledge, a comprehensive listing of mediation experts, and a broad and deep educational module," Mr. Coleman explained.

Mr. Coleman, who has been a member of the AAA's Panel of Arbitrators since 1987, will be actively involved in mediations in addition to directing Mediation.org's activities, according to Ms. Johnson. Mr. Coleman was previously a member of the AAA's Board of Directors until he joined Mediation.org.

"Harold Coleman is the perfect match to fulfill the vision and mission of Mediation.org," said Ms. Johnson. "He combines a rich history of mediation practice, mediation education, and a thorou gh understanding of how the AAA provides experience, innovation, and flexibility to its customers. We are delighted he agreed to take on a leadership role with Mediation.org," she continued.

"Mediation.org will strive to equip the global mediation community and its various stakeholders with knowledge to achieve further mediation success. This includes a major education program -­- from encouraging young people to enter the mediation field through advanced training for established mediators," Mr. Coleman said.

In addition to education, Mr. Coleman explained that Mediation.org will offer mediation parties unique services to assist them in finding the right mediator for their individual needs.

"Mediation.org will feature a very robust directory of mediators around the country so that those who need mediation services can find a mediation professional with the precise background to handle their cases," he said.

Mr. Coleman said the AAA created Mediation.org to help its customers and stakeholders meet the dynamic and growing mediation field.

"Between 95 and 98 percent of litigation cases are now resolved without going to trial, and the vast majority of those settlements result directly from mediation. Those are significant statistics in any industry, but they are especially important to the U.S. judicial system in which courts in all regions are seriously backlogged. Accordingly, mediation is a trusted option for parties and the courts to resolve differences and move on," Mr. Coleman said.

Mediation.org will also provide a resource for non-­-legal matters, such as social services and family disputes. "Mediation embraces skills important to all of modern society, including negotiation, listening, solid communications, and the ability to leverage and facilitate a mutual desire to reach a solution to a problem. That's why we built Mediation.org to help anybody who uses mediation or wants to be better at using mediation, including human resources officers, business development professionals, educators, social workers, and even parents. And that's why Mediation.org is so exciting. It has so much promise for helping people from all walks of life to know more about the principles, science and application of mediation for a host of everyday conflicts," Mr. Coleman expla ined.

Mediation.org services will be available on a worldwide basis to private and public sector entities.

"International mediation has a plethora of applications from peacekeeping to multinational business disputes. Mediation. org is prepared to extend its services anywhere in any time zone to make sure that as many people as possible understand the positive potential mediation offers to dispute resolution," Mr. Coleman concluded.

Argentina's debt default: Payback postponed

Apr 05, http://www.economist.com/blogs/americasview/2013/04/argentinas-debt-default

THE dramatic showdown between Argentina and holders of its defaulted debt looked for a moment last week as if it was about to move one step closer to closure. Instead, the legal and financial tangle has become still more confused.

ASA: New ASA Articles of Association adopted

Apr 08, http://www.arbitration-ch.org/pages/en/asa/news-&-projects/details/958.new-asa-articles-of-association-adopted.html

ASA's new articles of association were adopted on 4 April 2013. The articles of association are the result of a year's work by the ASA Board and members.

ASA's new articles of association were adopted on 4 April 2013 by 179 votes in favour, and two against. The articles of association are the result of a year's work within the ASA Board, and significant consultation with the ASA membership. The proposed changes were presented and explained at last year's General Assembly in Bern and in subsequent mailings to ASA members but a few words of explanation might be of assistance to you.??

The main differences relate to structures, particularly to the Board and Executive Committee (articles 9 and 10) and to the position of Executive Director (article 12).?? Regarding the Board, in the current structure, there is a Board composed of a maximum of 15 members with no real Executive Committee. This has been deemed to be unsatisfactory for several reasons. First, the 15-member limit is too low if we want to have on the Board people who spend a lot of time on ASA projects and, at the same time, other people who cannot necessarily devote much time to actual projects but who are extremely useful sounding boards and discussion partners. Second, the figure is too low if we want to be representative of the arbitration scene in Switzerland and abroad. The new structure expands the Board to a maximum of 25 members, but provides for an Executive Committee of a maximum of 9 members (President and two Vice-Presidents included). This enables us to induct more members into a large Board within which the exchange of ideas and experiences will be expanded and enriched, and to identify clearly a nucleus of persons who will have responsibility for concrete projects on a regular basis. At the same time, it allows for the intended possibility of associating younger practitioners with the work of ASA without renouncing the experience of more senior Board members. Note that article 10(5) enables the Executive Committee to delegate certain tasks to persons who are not members of the Board but who want to contribute.

This relates in particular to people from ASA Below 40 and the Marketing Committee and reflects current practice.?? In addition, the new articles of association provide for term limit on the Board of 12 years (article 9(2); see also transitory provision at article 9(6), which implicitly provides for a phasing-out in increments of the current Board members who would like to be Board members after the new articles of association are adopted).??

As for the Executive Director (article 12), since last summer, Alex McLin has held the position and article 12 spells out what he is already doing now. The creation of the position of Executive Director is a major and indispensable development for ASA. It is a necessary step towards greater professionalism and focus in terms of management and marketing. The adoption of article 12 merely serves to provide a clear basis for the functions of the Executive Director in the articles of association. ??The other changes are mainly touching-up (e.g., a better provision on auditors; see article 13) or updating to reflect reality (see article 14 on local groups and the status of ASA Below 40).??

Finally, the previous articles of association were in French only. In order to avoid the complications of having our articles in several languages and with the objective of facilitating the participation of our foreign members, it was decided to have the articles of association simply in English.

Michael E. Schneider, President
Elliott Geisinger, Bernhard Meyer, Vice-Presidents

Astro and Lippo head back to Singapore over legal dispute

Apr 6, http://biz.thestar.com.my/news/story.asp?file=/2013/4/6/business/12933175&sec=business

SINGAPORE: A long-running and tempestuous legal wrangle between two of South-East Asia's corporate bigwigs over a failed tie-up in Indonesia will play out once again in Singapore's courts next week.

Australia-China: Free trade talks deadlocked over foreign investment restrictions

Apr 19, http://www.theaustralian.com.au/business/in-depth/free-trade-talks-deadlocked-over-foreign-investment-restrictions/story-fni2wt8c-1226623266870

TALKS over free trade agreement with China are deadlocked over that country's insistence on Australia lifting foreign investment restrictions on state owned enterprises from zero to $1 billion, Trade Minister Craig Emerson told the global food forum

Austria concludes investment protection agreement with Nigeria - First official visit of a Nigerian Foreign Minister to Austria

Apr 08, http://www.bmeia.gv.at/en/foreign-ministry/news/press-releases/2013/oesterreich-schliesst-investitionsschutzabkommen-mit-nigeria-ab.html

Vienna, 8 April 2013 – Austrian Foreign Minister Michael Spindelegger and Olugbenga Ashiru, the first Nigerian Foreign Minister to pay an official visit to Austria, signed an investment protection agreement between Austria and Nigeria today. "My visit to Nigeria last June introduced new momentum to our bilateral relations. After the readmission agreement has been signed, the agreement on investment protection helps to put our economic cooperation on a new, more solid foundation. This is an important step that will make the involvement of Austrian companies in a country with huge economic potential easier", Spindelegger said after the signing of the agreement that will offer better protection of future Austrian investors in Nigeria. "Austrian companies wish to increase their presence on the Nigerianmarket, but to reach this goal, legal certainty and predictable framework conditions are required. The agreement that we have concluded today will help Austrian businesses in becoming established in Sub-Saharan Africa", the Vice-Chancellor continued.

Nigeria is Austria's second most important foreign trade partner, behind South Africa, in Sub-Saharan Africa, and is one of the fastest growing economies in the world. Austrian exports to Nigeria – mainly machinery and fabrics (lace from Vorarlberg) – increased by 8.8 percent in 2012. While the export of crude oil is the country's most important source of income, the growth of the economy is traditionally based on the non-petrol sector, in particular services, the building sector, banking, trade and tourism. In their meeting, the two foreign ministers focused mainly on legal issues, human rights and topics of interreligious and interethnic dialogue in addition to the promotion of the economic interests of both countries.

Bangladesh International Arbitration Centre (BIAC) team visits Cairo

Apr 08, http://www.thefinancialexpress-bd.com/index.php?ref=MjBfMDRfMDhfMTNfMV85MF8xNjU3NzQ=

A five-member Bangladesh International Arbitration Centre (BIAC) team led by its Chairman Mahbubur Rahman went to attend seminars in Cairo, Egypt Sunday, said a statement.

Bolivia: Rurelec PLC satisfied with arbitration hearing

Apr 16, http://www.rurelec.com/news-and-publications/237-transcripts-of-the-final-hearing-against-bolivia

The Directors of Rurelec PLC, (AIM:RUR) the electricity utility which owns and operates power generation capacity in Latin America, informs investors that the final arbitration hearing in relation to the claim brought by Rurelec and its wholly owned subsidiary Guaracachi America Inc against the Plurinational State of Bolivia ("Bolivia") came to a close on 9 April 2013. The audio recordings and the written transcripts of the hearing will be made public once posted on the Permanent Court of Arbitration's (PCA) website: www.pca-cpa.org. At that time, they will also go on to Rurelec's website: www.rurelec.com .

Speaking in London, Peter Earl said:

"The final arbitration hearing has now ended and we are satisfied with the way in which it was conducted and with the opportunity it provided for Rurelec to make its case in front of the arbitration tribunal.

"We are confident that there will be a fair outcome. The final hearing and its preparation required incredible hard work over long hours from all of those involved as representatives and as advisors. We now await the final ruling regarding the quantum of compensation to be paid, which will be announced as soon as it is available following a period of deliberation by the tribunal members."

No date has been set for the publication of the recordings and transcripts, however, it is expected that the audio recordings will be made public by the end of April and that the final written transcripts will be made public one month later.

Building and Wood Worker's International: BWI lobbies Indian Government to ensure Arbitration Council’s decision in Cambodia

Apr 16, http://www.bwint.org/default.asp?Index=4862&Language=EN

Without pay, without work and still continuing their fight for justice, the BWTUC members dismissed at the Ta Prohm Temple restoration site in Angkor Wat, Cambodia, managed by the Archaelogical Survey of India (ASI), welcomed the recent award by Arbitration Council (AC). The AC’s decision found in the union’s favour on all major issues, ordering the reinstatement of dismissed workers, awarding back pay and ordering the company to engage in CBA negotiations. However, the union and workers’ joy was quickly tempered with the news that the ASI had lodged a letter of rejection of the AC’s decision. This action by ASI flies in the face of all the facts of the case that they have violated Cambodia’s labour laws and denied workers access to fair and lawful treatment.

The BWTUC members on the Ta Prohm Temple restoration site have been engaged in months of negotiations and protests to bring the ASI to the negotiating table, attempts which had been continually ignored and rebuffed by the ASI, as well as by the Indian Embassy in Cambodia. The ASI had continually made misleading statements to the union and authorities about the structure and management of the project in order to thwart efforts to negotiate improved wages and conditions, claiming they do not have responsibility to negotiate CBAs or make decisions over the hiring and firing of workers on the site. In response to the ASI and Indian Embassy’s actions the BWI has begun lobbying the Indian Government however, even the Indian Minister of Culture has echoed the lies of ASI in Cambodia. This decision by the Arbitration Council has reaffirmed the union’s claims and directed the company to honour their responsibilities as an employer, directly rebutting the claims of ASI, the Indian Embassy of Cambodia and the Indian Ministry of Culture.

The BWI and BWTUC will continue lobbying in Cambodia and with the Indian Government to ensure that the ASI will honour the Arbitration Council’s decision and achieve justice for the workers at the Ta Prohm Temple Restoration site. It is the responsibility of the ASI, Indian Embassy and Ministry of Culture to respect the Arbitration Council’s award and immediately begin negotiations with the union for a CBA. The failure to respect the Arbitration Council’s award is a clear disservice to the rule of law and process of justice in Cambodia.

The decision by the Arbitration Council followed the dismissal of 38 workers on the Ta Prohm site and the refusal of the ASI to negotiate a CBA since the union began their campaign in June 2012.

Caldera Resources Inc.: US District Court Ruling Rejects Caldera's Motion to Overturn Arbitration Award

Apr 18, http://www.calderaresources.com/2013/04/us-district-court-rules-rejects.html

Canada, Nigeria talking at cross-purposes on FIPA

Apr 18, http://www.ipolitics.ca/2013/04/18/nigeria-canada-talking-at-cross-purposes-on-fipa/

As hundreds of Nigerian officials prepare to travel to Toronto in a few weeks for a major investment conference, it appears Nigeria and Canada are not on the same page when it comes to a Foreign Investment Promotion and Protection Agreement (FIPA) between the two countries.

Canada-EU Trade Agreement Will Be a Big Win for Alberta

Apr 10, http://www.international.gc.ca/media_commerce/comm/news-communiques/2013/04/10c.aspx?lang=eng

Deeper trade with European Union will bring jobs, growth and long-term prosperity to workers and families in Alberta, says Minister Menzies

April 10, 2013 - The Honourable Ted Menzies, Minister of State (Finance), on behalf of the Honourable Ed Fast, Minister of International Trade and Minister for the Asia-Pacific Gateway, today highlighted the many benefits an ambitious Canada-EU trade agreement will bring to Alberta workers and businesses. The discussion took place during an event in Calgary hosted by the Italian Chamber of Commerce in Canada-West and attended by stakeholders from Alberta's key economic sectors that are critical to Alberta's economy.

"Here in Alberta, businesses and workers and their families will benefit greatly from an ambitious agreement with the EU," said Minister Menzies. "Lowering tariff barriers would increase sales of Alberta's world-class exports from these critical sectors."

The EU is Alberta's fourth-largest export market and third-largest trading partner. A comprehensive agreement would eliminate tariffs on key provincial exports such as agricultural commodities, energy, chemicals and plastics and advanced manufacturing, including industrial machinery. It would also improve access for Alberta's service suppliers in the EU market, creating new export opportunities for services of interest to the province, such as oil and gas services.

"Our government is focused on the priorities of workers, businesses and exporters in Alberta: 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, such as the European Union, as part of the most ambitious trade expansion plan in Canadian history."

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

A backgrounder detailing the benefits for Alberta of an ambitious Canada-EU trade agreement follows here http://www.international.gc.ca/media_commerce/comm/news-communiques/2013/04/10c.aspx?lang=eng

Canada: Groups Warn Infinito Gold re: Continued Threats Against Costa Rica Over Crucitas Gold Project

Apr 16, http://www.miningwatch.ca/news/letter-infinito-gold-re-continued-threats-against-costa-rica-over-crucitas-gold-project

Ottawa - Seven Canadian organizations today sent a strongly worded letter to CEO John Morgan of Canadian mining company Infinito Gold, demanding that the company end its decade-long harassment of the people and the government of Costa Rica, and that it withdraw its April 4 threat to sue the small Central American country for US$1 billion if it is not allowed to build its Crucitas open-pit gold mine.

Canada: New Democrats make last-ditch effort to stop FIPPA trade deal with China

Apr 19, http://ca.news.yahoo.com/blogs/canada-politics/democrats-one-last-ditched-effort-stop-fipa-trade-153206421.html

"The NDP are holding a vote in Parliament that could stop FIPA," Leadnow says on their website.

Canada: The Sunshine Bill shines a light on 'murky' payments

Mar 26, http://www.mining.com/web/the-sunshine-bill-shines-a-light-on-murky-payments/

On Feb. 26, 2013, Liberal MP John McKay sponsored the first reading of Bill C-474 in parliament, also known as "The Sunshine Bill."

It's an act respecting the promotion of financial transparency, improved accountability and long-term economic sustainability through the public reporting of payments made by mining, oil and gas corporations to foreign governments.

Canadian firm threatens $1 billion lawsuit against Costa Rica

04 2013, http://www.ticotimes.net/Current-Edition/News-Briefs/Canadian-firm-threatens-1-billion-lawsuit-against-Costa-Rica_Thursday-April-04-2013, http://www.ticotimes.net/Current-Edition/News-Briefs/Canadian-firm-threatens-1-billion-lawsuit-against-Costa-Rica_Thursday-April-04-2013

Canadian mining company Infinito Gold on Thursday demanded the right to resume work at a gold mine in Costa Rica's northern region "over a period of six months from today [Thursday]," or else the company said it would file a $1 billion lawsuit for breach of the Costa Rica-Canada Free Trade Agreement.

China: Announcement of Shanghai International Arbitration Centre (SHIAC)

Apr 19, http://cietac-sh.org/English/Announcement.aspx?nid=460

Approved by Shanghai Municipal Government and agreed by Shanghai Commission for Public Sector Reform, China International Economic and Trade Arbitration Commission Shanghai Commission hereby officially becomes Shanghai International Economic and Trade Arbitration Commission; it will also use Shanghai International Arbitration Center concurrently as official name.

Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) will use the new versions of Arbitration Rules and Panel of Arbitrators effective as from May 1, 2013.

The seat and contacts of Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) remain unchanged.

Shanghai International Economic and Trade Arbitration Commission Shanghai International Arbitration Center) accepts cases upon agreement between parties to arbitrate by Shanghai International Economic and Trade Arbitration Commission or Shanghai International Arbitration Center; it will continue to accept cases upon agreement between parties to arbitrate by China International Economic and Trade Arbitration Commission Shanghai Commission/Branch/Sub-Commission

China: SCMC Successfully Held the 1st Shanghai-Hong Kong Commercial Mediation Forum in Shanghai

Apr 19, http://www.scmc.org.cn/en/news_content.aspx?NID=125

The 1st Shanghai-Hong Kong Commercial Mediation Forum jointly organized by Shanghai Commercial Mediation Center, Hong Kong Mediation Council and Hong Kong International Arbitration Center was held in Shanghai Xing Guo Hotel on March 3. Huiling Jiang, Deputy Director of Judicial Reform Office of the Supreme People’s Court attended this meeting and delivered an opening speech. Yupeng Zhou, President of Shanghai Services Federation and Honorary Chairman of Shanghai Commercial Mediation Center, and Tan Huiyi, Director of Hong Kong Economic and Trade Office in Shanghai, also delivered speeches in the opening ceremony.

Churchill Mining shares lifted as arbitration proceedings move on

Apr 17, http://www.proactiveinvestors.co.uk/companies/news/55857/churchill-mining-shares-lifted-as-arbitration-proceedings-move-on-55857.html

The recent sharp increase in the share price of Churchill Mining (LON:CHL) suggests investors are now dialling into the potential of what could be a bumper pay-out for the mining company if arbitration proceedings go its way.

Shares trebled in value since the middle of last month to reach a high of 33.25p.

They started their journey upwards after an interim results statement at the tail end of last month, which updated investors on the primary focus of all the company's current energy: its ongoing claim against the Republic of Indonesia.

The firm is seeking compensation from the Republic after the expropriation of the firm's rights over the huge East Kutai coal mine in Indonesia, which has been modelled as having a pre-tax net asset value of a whopping US1.8 billion.

The project could generate 30 million tonnes of high grade thermal coal each year, for an initial 25-year life and generate cash flow of US$500mln per annum.

The legal dispute over the asset has been long and convoluted and the stock exchange statement on March 22 outlined the key moments in the case past, present and ahead.

Proceedings began in May last year when Churchill took the case to the International Centre for Settlement of Investment Disputes (ICSID) in Washington.

Notably, the case is now entering a "critical phase", says house broker Northland, and a key hearing will be one in Singapore beginning May 13 that will deal with the challenge from the Republic that the arbitration tribunal does not actually have jurisdiction to hear the firm's claim for compensation.

If this milestone hearing goes Churchill's way then the chance of recovering funds for shareholders improves, the broker reckons.

Other significant factors are that the company's Australian subsidiary Planet Mining Pty, which holds an interest in the coal project, has now also filed for arbitration at ICSID, and the case is now a single proceeding.

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.

It remains well funded to pursue the arbitration, having US$6.2 million in the bank.

"The board will continue to focus on seeking a suitable remedy for shareholders and I thank shareholders for their continued support and will update on the company's progress during the second half of the year."

The world class East Kutai Coal project has a JORC resource of 2.730 billion tonnes, which consists of a measured resource of 693.3mln tonnes (Mt), indicated of 825.1 Mt and inferred of 1,211.8 Mt.

Costa Rica: Infinito Gold Ltd. Serves Notice to Republic of Costa Rica

Apr 04, http://www.infinitogold.com/s/News.asp?ReportID=579607&_Type=News&_Title=Infinito-Gold-Ltd.-Serves-Notice-to-Republic-of-Costa-Rica

Infinito Gold Ltd. ("Infinito" or the "Company") announces that on April 4, 2013 it has served notice to the Government of the Republic of Costa Rica (the "Republic") that Infinito considers the Republic to be in breach of the provisions of the Agreement Between the Government of Canada and the Government of the Republic of Costa Rica for the Promotion and Protection of Investments (the "Bilateral Investment Treaty"), in respect of the Republic's treatment of Infinito's investment in its subsidiary Industrias Infinito S.A. ("IISA") and the Las Crucitas mining concession held by IISA.

Infinito has served notice to the Republic in accordance with Article XII of the Bilateral Investment Treaty, however, Infinito has invited the Republic to settle this dispute amicably pursuant to Article XII(1) of the Bilateral Investment Treaty. It is important to note that serving this notification to the Republic does not constitute the commencement of formal arbitration proceedings, however, if the dispute cannot be settled, Infinito is prepared to take all necessary steps to pursue its arbitral remedies under the Bilateral Investment Treaty.

By way of background IISA completed all the environmental, social and technical studies and obtained all approvals required under Costa Rican law to develop and operate the Las Crucitas Project. In February 2008, the Secreteria Tecnica Nacional Ambiental ("SETENA") approved a modified Environmental Impact Study while in May 2008, the Ministerio de Ambiente y Energia confirmed Industrias Infinito's Exploitation Concession. On October 17, 2008, then President Oscar Arias issued a Presidential Decree declaring the Crucitas Project to be in the national interest, allowing a change of land use permit to be obtained and for site clearing to commence.

On April 16, 2010, in response to a claim brought by a public interest group that had halted clearing and mine construction activities for 18 months, the Constitutional Chamber of the Supreme Court ("SALA IV") ruled that all of the objections that had been raised against the project were without merit (with one exception that was resolved by the time the legal process was completed). The Constitutional Chamber's decision, which had involved a project site inspection in addition to oral hearings, included 340 pages of reasons released in July 9, 2010, which addresses all constitutional, legal and environmental/technical issues in depth.

Notwithstanding this complete and definitive ruling from the SALA IV allowing the Crucitas Project to proceed, IISA's concession to develop Las Crucitas has been annulled by a decision made initially on November 24, 2010, by a lower Costa Rican court - the Tribunal Contencioso Administrativo ("Tribunal") - and affirmed on November 30, 2011 by the Administrative Chamber of the Supreme Court ("SALA I").

In its decision, the SALA I reached a conclusion that was the opposite of the conclusion the SALA IV had reached only a year and a half earlier, effectively upholding the Tribunal's decision to annul IISA's concession and invalidate its environmental approvals.

On November 11, 2010, IISA formally requested that the SALA IV enforce its decision in order to prevent any conflict between the SALA IV's decision affirming the validity IISA's permits and approvals and any inconsistent decision from the Tribunal or the SALA I. To date, the SALA IV has taken no action to respond to this request. As a result, Infinito and IISA find themselves in a legal vacuum, subject to two contradictory decisions with no basis under the Costa Rican legal system for resolving this conflict.

Cyprus: 60% of uninsured Bank of Cyprus deposits frozen until September

Apr 09, http://english.ruvr.ru/2013_04_09/Cypruss-central-bank-confirmed-the-freezing-of-uninsured-deposits-of-over-100-000-at-Bank-of-Cyprus/

The Central Bank of Cyprus has said that the owners of uninsured deposits at the insular state’s biggest Bank of Cyprus will be unable to get 60% of their money at least until September. Cyprus is reorganizing its banking system in exchange for EU and IMF loans.

Czech Republic offers mediation in settlement of Nagorno Karabakh conflict

Apr 18, http://en.apa.az/news_czech_republic_offers_mediation_in_settl_191302.html

APA. "The Czech Republic is ready to participate in the peaceful settlement of Armenia-Azerbaijan conflict," said Deputy Chairman of the Foreign Affairs Committee of the Chamber of Deputies of the Czech parliament Jan Hamác(ek at the meeting with members of International and Interparliamentary Relations Committee of Azerbaijani Parliament, APA reports.

Ecuador judge rejects bribe claims against him in Chevron case

Apr 04, http://money.msn.com/business-news/article.aspx?feed=OBR&date=20130404&id=16318012

Reuters - The Ecuadorean judge who issued an $18.2 billion verdict against Chevron Corp has denied bribery allegations made by another judge who presided over the landmark pollution case in the South American country, according to a court filing on Thursday.

Ecuador Says Unasur Dispute-Settlement Center Could Operate This Year

Apr 16, http://online.wsj.com/article/BT-CO-20130416-713325.html

QUITO, Ecuador--The Union of South American Nations, or Unasur, expects to formalize in the coming months the creation of a dispute settlement center to deal with differences among its members and multinational corporations.

Ecuador: Ante arbitraje internacional se impone respuesta regional

Apr 16, http://www.prensa-latina.cu/index.php?option=com_content&task=view&idioma=1&id=1318231&Itemid=1

16 abr (PL) La respuesta ante el arbitraje internacional, impuesto por los Tratados Bilaterales de Inversión (TBI), debe ser regional, aseguró hoy la politóloga uruguaya Cecilia Olivet.

Es necesario un acuerdo a nivel de región, como bloque, sobre cómo lidiar con estos temas y que posibilite buscar modelos de inversiones alternativos, apuntó durante un conversatorio sobre el tema de los TBI en el mundo.

Ecuador: Conferencia sobre arbitrajes de inversión en AMCHAM

Apr 19, http://www.pge.gob.ec/es/rotativo/1958-conferencia-sobre-arbitrajes-de-inversion-en-amcham.html

PROCURADOR GARCÍA DICTÓ CONFERENCIA SOBRE ARBITRAJES DE INVERSIÓN PARA LA CÁMARA DE COMERCIO ECUATORIANO-AMERICANA

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El medio día del miércoles 17 de abril, en el marco de un almuerzo para socios organizado por la Cámara de Comercio Ecuatoriano-Americana (AMCHAM), el Procurador General del Estado, doctor Diego García Carrión, presentó la disertación "Ecuador: arbitrajes de inversión".

En un importante hotel de la ciudad se dieron cita unos setenta representantes empresariales con la finalidad de conocer más acerca de la posición del Estado ecuatoriano frente al Sistema de Solución de Controversias Inversionista-Estado, los Tratados Bilaterales de Promoción y Protección de Inversiones (TBI) firmados por nuestro país y los litigios que, en ese ámbito, mantiene el Ecuador en jurisdicción extranjera.

A partir de una revisión cronológica de los casos Chevron III, OXY II, Burlington y Perenco, entre los más destacados, el Procurador García brindó una explicación técnico jurídica de los hechos y argumentos alegados en cada proceso, así como el estado en el que se encuentran y las acciones que restan por ejecutar en cada uno, con especial énfasis en las observaciones que la defensa del Ecuador ha presentado en torno a las inconsistencias, errores y omisiones en los que han incurrido los tribunales arbitrales en sus decisiones.

En palabras del Director Ejecutivo de la AMCHAM, doctor Cristian Espinosa, "el señor Procurador ha desempeñado durante cinco años su cargo, respondiendo de manera profesional, respetando y representado al Estado ecuatoriano en estas funciones [...] podemos dar fe del desempeño profesional que ha tenido, a nuestro criterio, en estos últimos años como Procurador".

Ecuador: La conformación de una Comisión de Auditoría de los TBI y Arbitrajes, fue uno de los anuncios en el conversatorio con Cecilia Olivet

Apr 19, http://www.asambleanacional.gov.ec/201304199757/noticias/boletines/la-conformacion-de-una-comision-de-auditoria-de-los-tbi-y-arbitrajes-fue-uno-de-los-anuncios-en-el-conversatorio-con-cecilia-olivet.html

Varias iniciativas en defensa de los Estados y en contra de las transnacionales, fueron anunciadas en el conversatorio: "La industria del arbitraje internacional, un negocio millonario", organizado por la Comisión de Régimen Económico y Tributario, en coordinación con la Secretaría Nacional de Planificación, Senplades, que se realizó en el salón José Mejía Lequerica de la Sede Legislativa.

Ethiopia: Cracks in Investment Law Begin to Show

Apr 22, http://allafrica.com/stories/201304221607.html

A possible amendment is in sight for the newly ratified Investment Proclamation, following a study tabled to the Ethiopian Investment Agency's (EIA) board, three weeks ago.

EU-India: Free Trade Agreement (FTA) would allow European carmakers to export their surplus to India: SIAM

Apr 10, http://economictimes.indiatimes.com/news/economy/foreign-trade/fta-would-allow-european-carmakers-to-export-their-surplus-to-india-siam/articleshow/19468991.cms

NEW DELHI: Indian automakers fear that a proposed free-trade agreement (FTA) between the European Union and India could end up benefiting European carmakers at their expense, Society of Indian Automobile Manufacturers (SIAM) says. "We are of the opinion that a freetrade agreement with EU would allow a one-sided advantage and allow the European auto industry to export their overcapacity to India," says SIAM president S Sandilya.

Negotiating Text, EU/India FTA (BTIA) - "... not certain of the date of this text ..." - http://keionline.org/node/1691

Fabien Gélinas and Frédéric Bachand named first Norton Rose Faculty Scholars in Arbitration & Commercial Law

Apr 10, http://www.mcgill.ca/channels/news/fabien-g%C3%A9linas-and-fr%C3%A9d%C3%A9ric-bachand-named-first-norton-rose-faculty-scholars-arbitration-commercial--225829

The Faculty of Law is pleased to announce that Professors Frédéric Bachand and Fabien Gélinas have been appointed Norton Rose Faculty Scholars in Arbitration and Commercial Law, for a two year term.

Fight for Nazi-looted art must continue

Apr 15, http://www.thejc.com/comment-and-debate/comment/105379/fight-nazi-looted-art-must-continue

For more than 15 years, I and my law firm have been fortunate to have been provided the opportunity to handle, on behalf of the families of victims of the Holocaust, some of the most significant cases brought to recover artworks looted by the Nazi regime as part of its murderous programme to eliminate a whole race of people from the face of the earth.

Finra Board to Consider Arbitration Changes

Apr 12, http://online.wsj.com/article/SB10001424127887323741004578416980912942600.html

NEW YORK--The Financial Industry Regulatory Authority's board next week will consider proposed changes intended to simplify the rules for investors selecting an arbitration panel.

France-US: Alstom Executive Arrested at JFK Airpot on Bribery Charges Tied to Indonesia

Apr 19, http://online.wsj.com/article/SB10001424127887324345804578427100228043378.html

The U.S. Justice Department said it arrested an executive of French engineering firm Alstom SA at New York's John F. Kennedy International Airport Sunday evening, and charged him with participating in a bribery scheme to win business in Indonesia.

France: Lagarde may face probe over arbitration

Apr 19, http://www.businesstimes.com.sg/premium/world/lagarde-may-face-probe-over-arbitration-20130419

PARIS - IMF chief Christine Lagarde has been summoned to appear before a French magistrate on May 23 for questioning over an arbitration payment to a wealthy supporter of former President Nicholas Sarkozy, news website Mediapart reported on Wednesday.

FT: Companies bolster lawyers as clashes rise

Apr 16, http://www.ft.com/intl/cms/s/0/eb26a204-a5b8-11e2-9b77-00144feabdc0.html

Multinational companies, under pressure to cut budgets, are resorting to bringing specialist lawyers in-house in a bid to cut costs in an environment where legal disputes are increasing.

Companies, particularly those in financial services, energy and construction, are hiring dispute-resolution lawyers to reduce the work that is traditionally given to external law firms, new data show. These in-house lawyers are undertaking more of the case preparation work and document production that is necessary to prepare for big litigation and arbitration cases, according to a survey by PwC and Queen Mary Law School.

More info on 'International Arbitration Survey 2013: Corporate choices in International Arbitration' at http://www.pwc.com/arbitrationstudy

Germany: Auktionshaus Neumeister: Auktionsprotokolle aus der NS-Zeit sind aufgetaucht

Apr 16, http://www.shortnews.de/id/1020792/auktionshaus-neumeister-auktionsprotokolle-aus-der-ns-zeit-sind-aufgetaucht

Im Münchner Auktionshaus Neumeister gab es vor Kurzem eine sensationelle Entdeckung, die die Diskussion über NS-Raubkunst neu entfachen wird. In einem Stahlschränkchen im Keller des Hauses hat ein Mitarbeiter annotierte Auktionsprotokolle der Zeit zwischen 1936 und 1945 entdeckt.

Germany: Kellerfund von Auktionsprotokollen der NS-Zeit - Auktionshaus Neumeister entdeckt Einlieferer

Apr 16, http://www.dradio.de/dlf/sendungen/kulturheute/2072863/

"Es gibt wirklich profunde neue Erkenntnisse", sagt Katrin Stoll, Geschäftsführerin des Münchener Auktionshaus Neumeister, über die gefundenen Auktionsprotokolle. Diese können für die Rückführung von NS-Raubkunst an ihre ehemaligen Besitzer auch in laufenden Verfahren große Auswirkung haben.

Ghana: Ashaiman Alternative Dispute Resolution (ADR) in Decay

Apr 19, http://www.spyghana.com/adr-centre-of-ashaiman-in-decay/

GABRIEL ATSU, the coordinator of the Ashaiman Alternative Dispute Resolution (ADR) centre has said that notwithstanding the achievement his outfit has recorded over the last 13 years, the centre is currently in a bad state as the wooden structure accommodating its offices is fast dilapidating.

Guinea: BSG Resources Limited: Beny Steinmetz and BSG Resources sue FTI Consulting LLP and Lord Malloch-Brown

Apr 11, http://www.businesswire.com/news/home/20130411005678/en/BSG-Resources-Limited-Beny-Steinmetz-BSG-Resources

ST PETER PORT, Guernsey--(BUSINESS WIRE)--BSG Resources Limited ("BSGR" or "the Group") and Mr Beny Steinmetz announce that they have issued and served legal proceedings, jointly, in the UK High Court, against FTI Consulting LLP ("FTI"), the London office of the business advisory firm and BSGR's former professional adviser, and against Lord Malloch-Brown, previously known as Mark Malloch-Brown, former United Nations Deputy Secretary-General and Chairman of FTI for Europe, Middle East and Africa ("EMEA"). FTI had been appointed by BSGR to act as its PR adviser in May 2009.

Guinea: Global Witness response to reports relating to Beny Steinmetz Group Resources and FTI Consulting LLP

Apr 15, http://www.globalwitness.org/library/global-witness-response-reports-relating-beny-steinmetz-group-resources-and-fti-consulting

BSGR has suggested as part of the case that Global Witness lacks independence from our donors and is one of several NGO's involved in a campaign aimed at discrediting the company.

This appears to be an attempt by BSGR to divert attention away from a story with profound implications for the people of Guinea - namely questions surrounding how lucrative iron ore blocks were obtained in the country, an issue the Guinean authorities are currently investigating.

Iceland-China: Free Trade Agreement between Iceland and China

Apr 17, http://www.mfa.is/foreign-policy/trade/free-trade-agreement-between-iceland-and-china/

A Free Trade Agreement (FTA) between Iceland and China was signed 15 April 2013 in Beijing by Mr. Össur Skarphéðinsson, Minister for Foreign Affairs and External Trade of Iceland, and Mr. Gao Hucheng, Minister of Commerce of the People's Republic of China, in the presence of the Prime Minister of Iceland and the Premier of China. The Iceland-China Free Trade Agreement is the first FTA signed between China and a European country.

India to relook at 82 BIPAs as foreign investors invoke global arbitration

Apr 05, http://economictimes.indiatimes.com/news/economy/policy/india-to-relook-at-82-bipas-as-foreign-investors-invoke-global-arbitration/articleshow/19389277.cms

India has decided to renegotiate its 82 bilateral investment treaties to safeguard country's interests after many foreign investors have invoked international arbitration when their local investments ran into trouble or they faced adverse policy action. Finance minister P Chidambaram has approved creation of a permanent group of secretaries that will be in force till the time all of India's 82 bilateral investment protection agreements (BIPAs) are renegotiated.

India: Arbitration Centre to settle cases out of court

Apr 15, http://newindianexpress.com/cities/bangalore/Arbitration-Centre-to-settle-cases-out-of-court/2013/04/15/article1545346.ece

The legal fraternity’s continuing effort to encourage alternative dispute resolution took a new shape on Sunday with the High Court setting up an ‘Arbitration Centre, Karnataka’ which is aimed at offering legal services to cases that can be dealt out of court.

Jamaica signs investment treaty with Kuwait

Apr 10, http://jamaica-gleaner.com/latest/article.php?id=43872

Jamaica and Kuwait have formalised a framework for deeper economic relations with the signing of a bilateral investment treaty at the Ministry of Finance, Kuwait on April 1.

Jamaica: International Investors Very Keen on Logistics Hub Initiative

Apr 17, http://www.jis.gov.jm/news/leads/33580

As a result of the mission, Minister Hylton and the Kuwaiti Minister of Finance signed the Jamaica-Kuwait Bilateral Investment Treaty, which guarantees protection and fair and equitable treatment of investors from both countries. It also provides companies with legal standing in dispute settlement.

Lithuania: Signs of a Lithuanian gas deal with Russia mounting

Apr 08, http://www.bne.eu/story4770/Signs_of_a_Lithuanian_gas_deal_with_Russia_mounting

Lithuanian media report that Gazprom has dropped one of its two arbitration claims against Vilnius, as signs continue to mount that the Lithuanian government is seeking to agree a gas deal with Moscow at the expense of the previous administration's drive to diversify the country's energy sources.

Malaysia: Gamuda profit forecast slashed, its JV entity ordered to pay 74% of RM105mil arbitration sum

Apr 18, http://biz.thestar.com.my/news/story.asp?file=/2013/4/18/business/12986040&sec=business

PETALING JAYA: Analysts have slashed Gamuda Bhd's earnings estimates by around 10% for the financial year ending July 31 (FY13) due to the unfavourable results of its arbitration recently.

Malaysia: MMC Corp's total liability at RM91.93m from arbitration award

Apr 19, http://biz.thestar.com.my/news/story.asp?file=/2013/4/19/business/20130419135750&sec=business

KUALA LUMPUR: MMC Corporation Bhd's total liability increased to RM91.93mil including other costs after Wayss & Freytag (Malaysia) Sdn Bhd obtained the arbitration award against a MMC and Gamuda Bhd joint venture.

Maldives government denies US$160 million arbitration talks with Axis Bank

Apr 08, http://minivannews.com/politics/maldives-government-denies-us160-million-arbitration-talks-with-axis-bank-55778

The Attorney General (AG's) Office has denied receiving any notice of arbitration from Axis Bank, one of the lenders backing a US$511 million airport development project voided by the government late last year.

Maldives: Axis Bank initiates arbitration with Maldives

Apr 08, http://www.haveeru.com.mv/news/48312

Axis Bank has initiated the arbitration process with the Maldives government for recovering the loans granted to India's GMR Infrastructure Limited to develop the Ibrahim Nasir International Airport (INIA), according to Indian media reports.

Mesa tells Legislative Assembly not to ratify Agreement of Association with EU

Apr 10, http://www.stopesmining.org/j25/index.php/14-sample-data-articles/222-mesa-tells-legislative-assembly-not-to-ratify-agreeement-of-association-with-eu

Following up on a request made to the Legislative Assembly in July 2012, members of the National Roundtable Against Metallic Mining visited the Legislative Palace this morning to demand the non-ratification of the Association Agreement with the European Union (AdA). Environmentalists and social activists handed copies of the letter to the commissions of Economy and Foreign Affairs.

The National Roundtable Against Metallic Mining represents communities, religious and social organizations and nongovernmental organizations, who believe the AdA pose a threat to labor, environmental and human rights of the Salvadoran population.

The letter delivered today to the Legislature claims that the AdA subordinates bilateral political debate and international cooperation to market performance. "The AdA will change the traditional relations between the two regions on issues of cooperation and political debate as foreign aid funds will be channeled into market development mechanisms, support for business and strengthening state capacities to enhance the viability of trade agreement, "says the document.

The letter also makes reference to the continued limitation to the ability of the Central American countries to define their own strategies for development and economic integration. "As demonstrated with the FTA with the United States, these agreements place corporate interests over the interests Central American people. Current lawsuits from transnational mining corporations seeking to extort hundreds of millions of dollar from our country under the ICSID are the best example of this. " the letter says.

The specific demands of the National Roundtable Against Metallic Mining to the Commissions of Economy and Foreign Affairs are:

Mexican president urges Japan to enter TPP negotiations

Apr 08, http://www.laprensasa.com/309_america-in-english/2001410_mexican-president-urges-japan-to-enter-tpp-negotiations.html

EFE.- Mexican President Enrique Peña Nieto told Prime Minister Shinzo Abe that Japan had his "backing and support" for entering the negotiations on the Trans-Pacific Partnership, or TPP, an effort to create a free trade area spanning the Asia-Pacific region.

Mongolia Confident Oyu Tolgoi Mine Dispute Can Be Resolved Soon-Minister

Apr 17, http://www.foxbusiness.com/news/2013/04/17/mongolia-confident-oyu-tolgoi-mine-dispute-can-be-resolved-soon-minister/

Rio Tinto and the government of Mongolia are currently discussing issues such as rising costs at Oyu Tolgoi and tax pre-payments, said Ochirbat Chuluunbat on the sidelines of the Mongolia Investment Summit here.

Mongolia exempts private firms from foreign investor law

Apr 19, http://www.reuters.com/article/2013/04/19/mongolia-investment-idUSL3N0D6SUQ20130419

Reuters

Mongolia Introducing New Investment Law to Attract Investors - Deputy Minister

Apr 17, http://www.foxbusiness.com/news/2013/04/17/mongolia-introducing-new-investment-law-to-attract-investors-deputy-minister/

"We want to send a very strong message [regarding] the stability and in the clarity of treatment of foreign investors in Mongolia," Chuluunbat Ochirbat told journalists on the sidelines of the Mongolia Investor Summit here.

Namibia: Glencore, Vedanta seek arbitration over Gergarub zinc deposit

Apr 18, http://www.metalbulletin.com/Article/3190975/Base-metals/Glencore-Vedanta-seek-arbitration-over-Gergarub-zinc-deposit.html

Glencore International and Vedanta Resources, owners of adjacent zinc mines in Namibia, have agreed to seek arbitration following a dispute over the development of the new Gergarub zinc sulphide deposit.

Netherlands Arbitration Institute: NAI summary arbitral proceedings - facts and figures 1998-2012 (free download)

Apr 5, http://www.nai-nl.org/downloads/KG_EN.pdf

On 5 April 2013 a meeting took place, during which the results of an independent study concerning the use of NAI Arbitral Summary proceedings were presented.

New Dutch Arbitration Association (DAA)

Apr 4, http://dutcharbitrationassociation.nl/the-dutch-arbitration-association-has-started

PRESS RELEASE - On 25 February 2013 the Dutch Arbitration Association ("DAA") was founded with the support of representatives of the most important arbitration institutions in the Netherlands, as well as prominent arbitration practitioners in the Netherlands. The purpose of the DAA is to promote the use of, and knowledge about, arbitration as a preferred dispute resolution method, both at a national and international level, as well as to promote the Netherlands as a venue for international arbitration.

The DAA will be a platform to share know-how and will assist and advise policy makers on the development of the Dutch legislation regarding arbitration in order to meet the expectations of the parties that may opt for arbitration in the Netherlands. For this purpose, the Dutch Arbitration Association will regularly organize conferences, consultations, and meetings for its members.

Arbitration has a long standing tradition in the Netherlands and has been a generally accepted method of settling disputes for centuries. In matters concerning international trade, arbitration currently is, by far, the most often used dispute resolution mechanism in the Netherlands.

The Netherlands is renowned for arbitration of international law disputes. During the 1899 Convention for the Pacific Settlement of International Disputes, the Permanent Court of Arbitration ("PCA") was established in The Hague to facilitate arbitration and other forms of dispute resolution between states. The twentieth century has seen the creation of a high number of specialised arbitration institutions, aimed at specific fields of trade or sectors, as well as arbitration institutions providing arbitration solutions for disputes at large. For instance, the Arbitration Board for the Building Industry was founded in 1907; the Arbitration Board for the Metallurgical Industry and Trade in 1920, the Netherlands Arbitration Institute in 1949, and the Transport And Maritime Arbitration Rotterdam-Amsterdam (TAMARA) in 1988 and P.R.I.M.E. Finance in 2011. Many international parties have also opted for the Netherlands as seat and/or venue of arbitration for proceedings administered under auspices of foreign based institutions, such as ICSID, ICC or LCIA.

The incorporation of the Dutch Arbitration Association coincides with the approval by the Dutch Council of Ministers earlier this year of a legislative proposal for the revision of the 1986 Arbitration Act. It is anticipated to be submitted to Dutch Parliament before summer 2013 and to further enhance the attractiveness of the Netherlands as seat of international arbitrations. As a result, the proposed legislation will be the theme of the inaugural conference of the DAA, that will take place in September 2013 in The Hague.

The composition of the managing board of the DAA is as follows:

The advisory board is composed of:

Membership of the DAA is open for lawyers worldwide engaged in the practice of arbitration, such as persons having acted as arbitrator in Netherlands based arbitrations, lawyers acting as counsel in arbitral proceedings, in-house counsels and representatives of Netherlands based arbitration institutions.

For more information about the DAA, please visit our website: http://www.dutcharbitrationassociation.nl/

Opstelten stuurt arbitragewetsvoorstel naar Tweede Kamer

Apr 16, http://www.rijksoverheid.nl/nieuws/2013/04/16/opstelten-stuurt-arbitragewetsvoorstel-naar-tweede-kamer.html

Minister Opstelten van Veiligheid en Justitie heeft een wetsvoorstel bij de Tweede Kamer ingediend dat de regels voor arbitrage moderniseert. Ook wil hij praktische belemmeringen wegnemen door administratieve lasten te verlichten. Het wetsvoorstel maakt Nederland nog aantrekkelijker voor internationale arbitrageprocedures.

Pakistan: Awareness seminar on alternate dispute resolution

Apr 16, http://www.thenews.com.pk/Todays-News-3-171565-Awareness-seminar-on-alternate-dispute-resolution

ISLAMABAD: The Economic Reforms Unit of Ministry of Finance in collaboration with the International Finance Corporation (IFC) organised an awareness seminar at Islamabad Chamber of Commerce and industry for the establishment of alternate dispute resolution (ADR) mechanisms in Islamabad region.

Pakistan: Secret negotiations on Reko Diq with caretakers this week

Apr 13, http://www.thenews.com.pk/Todays-News-13-22243-Secret-negotiations-on-Reko-Diq-with-caretakers-this-week

DUBAI: In a mysterious development, the world’s largest gold mining company, which was thrown out from Pakistan by the Supreme Court, is beginning top-level negotiations in Islamabad this week with the caretaker government to get back the multi-billion dollar Reko Diq gold and copper project in Balochistan.

Russian court rules in favor of CIS Interstate Bank

Apr 05, http://arka.am/en/news/business/russian_court_rules_in_favor_of_cis_interstate_bank/

April 5 - ARKA - The 9th Arbitration Court of Appeal in Moscow heard on April 3 a complaint by CIS Interstate Bank against Armenian synthetic rubber plant Nairit and decided that the complaint be heard by a lower instance court. The Interstate Bank wants Nairit to pay it $25.183 million.

Saudi Arabia: Importance of arbitration stressed

Apr 19, http://arabnews.com/news/448685

"Arbitration is an important Islamic option between contending parties and it does not need time-consuming legal procedures," the minister said.

South Africa: Constitutional Court dismisses Agri SA's expropriation claim

Apr 18, http://www.bdlive.co.za/business/agriculture/2013/04/18/constitutional-court-dismisses-agri-sas-expropriation-claim

THE Constitutional Court on Thursday dismissed a compensation claim from farmers' organisation Agri SA for an alleged expropriation of its mineral rights.

South Africa: Constitutional Court rules on Agri SA claim over old-order mineral rights

Apr 19, http://www.bdlive.co.za/national/law/2013/04/19/summit-tv-constitutional-court-rules-on-agri-sa-claim-over-old-order-mineral-rights

SUMMIT TV: Bad news for farmers who thought they held the rights to minerals under their land. The ConCourt now says they don't. We speak to Peter Leon, who is partner at Webber Wentzel, on the ConCourt's decision.

South Africa: Jeremy Cronin explains reasons for Expropriation Bill

Apr 22, http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71654?oid=370635&sn=Detail&pid=71616

Today the Deputy Minister of Public Works, Mr Jeremy Cronin, MP, briefed the Public Works Portfolio Committee on the proposed new Draft Expropriation Bill to replace the current Expropriation Act 63 of 1975.

The Deputy Minister said the current Expropriation Act predates the Constitution and therefore needs to be reviewed to ensure consistency with the spirit and provisions of the Constitution.

South Africa: Kumba, Mittal eye arbitration

Apr 05, http://business.iafrica.com/news/851496.html

Kumba Iron Ore and steel maker ArcelorMittal South Africa say arbitration over iron-ore deliveries will start as soon as possible, with both parties finalising documents.

South Africa: Revised Expropriation Bill allows for court to decide compensation

Apr 18, http://www.bdlive.co.za/business/agriculture/2013/04/18/revised-expropriation-bill-allows-for-court-to-decide-compensation

THE revised Expropriation Bill has been amended to allow the courts to decide the compensation payable for expropriated property, which is an improvement on the bill withdrawn in 2008, following objections by interest groups, said the South African Institute of Race Relations (SAIRR).

Spain: El PSOE vota en contra del arbitraje de Bankia pese a haberlo pactado con el Gobierno

Apr 11, http://www.elconfidencial.com/economia/2013/04/11/el%2Dpsoe%2Dvota%2Den%2Dcontra%2Ddel%2Darbitraje%2Dde%2Dbankia%2Dpese%2Da%2Dhaberlo%2Dpactado%2Dcon%2Del%2Dgobierno%2D118645/

El PSOE ha roto el pacto que alcanzó con el Gobierno para el Real Decreto que recoge las condiciones para el arbitraje de las preferentes de Bankia y la derrama del Fondo de Garantía de Depósitos para dar liquidez a las de NovaGalicia y CatalunyaCaixa. La razón es que se opone a las quitas que sufrirán los tenedores de estos títulos que no sean beneficiados por el arbitraje. Por otro lado, el ministro de Economía, Luis de Guindos, ha anunciado que los criterios que se adoptarán para acceder al procedimiento arbitral en Bankia serán bastante laxos. Como adelanta hoy El Confidencial, estos criterios también tendrán que aplicarse a las cajas gallegas y catalanas, con lo que previsiblemente tendrán que admitir a más afectados

Spain: Las nuevas normas de arbitraje obligan a revisar 35.000 casos de preferentes pendientes de NCG

Apr 13, http://www.lavozdegalicia.es/noticia/economia/2013/04/19/nuevas-normas-arbitraje-obligaran-revisar-35000-casos-preferentes-pendientes-ncg/0003_2013041366369871901506.htm

Los nuevos criterios fijados el miércoles por la Comisión de Seguimiento de Instrumentos Híbridos de Capital y Deuda Subordinada para proteger a los preferentistas, obligarán a revisar los alrededor de 35.000 casos pendientes en NCG. Así lo han confirmado fuentes del Gobierno, que han señalado que aunque los criterios básicos marcados por la Comisión de Seguimiento «no son muy diferentes a los que NCG y Catalunyacaixa ya están aplicando en sus arbitrajes, cabe la posibilidad de que las entidades revisen» los que han quedado pendientes, al aplicarles otros, como el límite de 10.000 euros de inversión.

Tanzania: Concern over Malawi’s decision on arbitration

Apr 11, http://www.bdlive.co.za/africa/africannews/2013/04/11/concern-over-malawis-decision-on-arbitration

LAST week, Malawi indicated that it wished to give up mediation of its dispute with Tanzania over Lake Malawi by the Southern African Development Community (Sadc) in favour of the International Court of Justice arbitration.

Towards a new Belgian law on arbitration

Apr 19, http://www.cepani.be/upload/files/newsflash-en.pdf

by Prof. Guy KEUTGEN - The Minister of Justice has put forward a bill to Parliament to reform the Sixth Part of the Judicial Code concerning arbitration. This bill is largely based on the UNCITRAL Model Law and was drafted at the initiative of CEPANI. As things stand, it is difficult to predict how long the passing of the bill through Parliament will take. The bill contains a number of important reforms as compared to the current law.

The following list contains some concrete examples, but is by no means exhaustive:

Clarification of the conditions for objective arbitrability, which now include a material criterion, namely, the fact that the dispute concerns a pecuniary interest (art. 1676 §1).

Removal of the possibility of a second level of appeal in respect of setting-aside applications, which, due to the resulting delays , has seriously handicapped arbitration proceedings in Belgium (art. 1680 §5).

Confirmation that the arbitration agreement does not have to be in writing, the burden of proof being on the party who alleges that an arbitration agreement exists(art. 1681)

Confirmation that the parties may agree on the procedure for challenging an arbitrator, notably by referring specifically to an arbitral institute's rules (art. 1687 §1).

Introduction of detailed rules for the system of interlocutory or conservatory measures ordered by the arbitral tribunal (art. 1691 to 1697).

Explicit confirmation of the rule of equal treatment of all parties and fairness to be applied throughout the proceedings (art. 1699).

Assistance of the state courts in obtaining evidence (art. 1708).

Rule that an arbitral award cannot be set aside, except on a number of limited grounds (art. 1717) or in certain cases, and only if it is established that the ground invoked for the setting aside has had a direct influence on the award (art. 1717 § 2, a) ii et v). The same rule applies to an order to enforce (art. 1721 a) ii et v).

If the award can be "saved", the court before which the claim for setting aside has been brought may decide to remit the award to the arbitral tribunal so as to allow it to eliminate the ground for the setting aside (art. 1717 § 5).

Applications for setting aside and enforcement of the arbitral award must be brought before the Court of First Instance situated in the same district as the Court of Appeal. From now on all these procedures will be centralized in these five courts, which will allow the courts concerned to become specialized with regard to such applications (art. 1680 § 6 and 7).

The bill's objective is ambitious: it comprises not just a simple adaptation of the existing texts, but a global reform of the Belgian law on arbitration.

U.S. SEC's Aguilar urges end to mandatory arbitration agreements

Apr 16, http://www.reuters.com/article/2013/04/16/sec-arbitration-idUSL2N0D30VX20130416

Reuters - A top U.S. securities regulator on Tuesday urged the government to consider adopting new rules that would prohibit or restrict brokerages and advisers from forcing customers to sign away their right to sue.

Uganda: Heritage Oil Update in Relation to Arbitration Proceedings Against Ugandan Government

Apr 4, http://www.heritageoilplc.com/resource/unzaswmpwbmgj6vlxwu3pswm.pdf

Heritage Oil Plc (LSE: HOIL), an independent upstream exploration and production company, responds to recent press speculation and statements attributed to Ugandan officials in relation to confidential international arbitration proceedings which are ongoing between the Government of the Republic of Uganda (the "Ugandan Government") and Heritage Oil & Gas Limited (a wholly owned subsidiary of Heritage) ("HOGL") following HOGL's sale of its interests in Blocks 1 and 3A in Uganda on 26 July 2010.

Heritage can confirm that a determination on jurisdictional challenges raised by the Ugandan Government was issued last night by the arbitration tribunal. Heritage is still reviewing the decision but the recent press comments attributed to the Ugandan Government and/or the Uganda Revenue Authority are a misleading representation of a detailed decision. While the arbitral tribunal concluded that it does not have jurisdiction to hear arguments relating to the underlying substantive Ugandan tax matters, Heritage is delighted that the tribunal has rejected the Ugandan Government's challenge to jurisdiction to determine the central question as to the propriety of the alleged imposition of tax with reference to contractual stabilisation clause protection invoked by Heritage together with the breach of other contractual obligations.

The determination by the arbitral tribunal is supposed to be confidential and marks the end to the preliminary phase of the international arbitration proceedings. The international arbitration will now continue and move to deal with the merits phase of Heritage's contractual claims against the Ugandan Government and the underlying substantive Ugandan tax matters remain under appeal in the Ugandan courts.

Heritage is concerned to note that press comments attributed to the Ugandan authorities regarding the arbitral decision are inaccurate as well as being breaches of the requirement of confidentiality imposed upon both parties to the proceedings.

The $283.4 million placed in escrow in July 2010 by Heritage in relation to any potential Ugandan tax liability remains in escrow in London held by Standard Chartered Bank. Additionally, in July 2010, Heritage deposited $121.5 million with the Ugandan Government and so substantially all of the cash has been reserved and does not impact on the Company's current cash position. As such Heritage's position remains unchanged.

Uganda: Salini loses Shs60b London appeal over Northern Bypass

Apr 08, http://www.monitor.co.ug/News/National/Salini-loses-Shs60b-London-appeal-over/-/688334/1739786/-/v9ysrd/-/index.html

A London arbitration panel has ordered Italian construction firm Salini Costruttori to complete defects on the Northern Bypass, after dismissing their application for a further Shs60 billion for the delays in completing the hitherto controversial project. The panel of three arbiters - John Beechy, Paul B. Hanoon and Robert Gaitskell in a March 20 ruling, said Salini had breached their contract and therefore was not eligible for compensation because the firm had "failed to justify its inability to meet the specification and to justify its decision to stop work on January 2, 2008", adding that the government had "successfully rebutted" Salini's arguments.

Uganda: Tullow Oil Complains About Museveni, Uganda Revenue Authority

Apr 15, http://allafrica.com/stories/201304151976.html

Tullow Oil company officials complained in court hearings that ended in London recently that President Yoweri Museveni and the Uganda Revenue Authority commissioner (URA) general, Allen Kagina, thwarted all efforts to lower the oil company's tax liabilities arising out of the $1.45b purchase of Heritage Oil's interest in Oil Blocks in Uganda.

One complaint relates to the President raising an additional $30m tax assessment against a $100m payment Tullow made to Heritage Oil.

UK-Poland: San Leon Energy Statement re Request for Arbitration submitted by Avobone to ICC

Apr 12, http://www.sanleonenergy.com/media-centre/news-releases/2013/april/12/statement-re-request-for-arbitration.aspx

San Leon announces that, on 11 April 2013, it received notice from the Secretariat of the International Court of Arbitration of the International Chamber of Commerce ('ICC') confirming the submission of a Request for Arbitration ('Request') submitted by Avobone N.V. and Avobone Poland B.V. (together, 'Avobone') in relation to the purchase by Aurelian Oil & Gas, San Leon's subsidiary, of Avobone's 10% shares and loans in Energia Zachód Sp. z o.o. - the titleholder of the Siekierki asset.

San Leon has reviewed the Request with counsel and believes that the claims are substantially without merit. San Leon is contesting these claims robustly.

The Company believes that the claims will not have any impact on its on-going operations.

United Arab Emirates-Burkina Faso: Wadi pays Weatherley $2m in Tambao project dispute settlement

Apr 05, http://www.miningweekly.com/article/wadi-pays-weatherley-2m-in-tambao-project-dispute-settlement-2013-04-05

United Arab Emirates-based Wadi Al Rawda Industrial Investments has paid Aim-listed Weatherly International $2-million, following the resolution of a dispute related to the Tambao manganese project, in Burkina Faso.

United States has completed its bilateral consultations with Japan regarding the Trans-Pacific Partnership (TPP)

Apr 15, http://www.ustr.gov/about-us/press-office/press-releases/2013/april/amb-marantis-japan-tpp

Today, Acting U.S. Trade Representative Demetrios Marantis announced that the United States has completed its bilateral consultations with Japan regarding the Trans-Pacific Partnership (TPP):

"Since November 2011, the United States has been engaged in consultations with Japan focused on Japan's readiness to meet the TPP's high standards for liberalizing trade and investment, and to address specific bilateral issues of concern in the automotive and insurance sectors, as well as other Japanese non-tariff measures.

"The United States and Japan have successfully completed these consultations by concluding a robust package of actions and agreements with Japan in the automotive and insurance sectors, as well as other non-tariff measures. As a result, we are pleased to welcome Japan's participation in the TPP negotiations pending a consensus agreement among the current TPP members and the completion of our respective domestic processes. Japan's entry into this important initiative for the Asia-Pacific region will help it to deliver significant economic benefits to the United States, Japan and the Asia-Pacific region."

Through the TPP, the United States and 10 other Asia-Pacific countries are seeking to negotiate an ambitious, next-generation, regional trade agreement. The TPP will support American jobs and reflect core U.S. values, and the addition of Japan will further distinguish TPP as the most promising platform for a Free Trade Area of the Asia Pacific. Decisions on new members are made by consensus of current TPP members.

Detailed information about the United States' consultations with Japan can be found here: http://www.ustr.gov/sites/default/files/04132013%20Japan%20OVERVIEW%20factsheet%20FINAL_1.pdf

During consultations, on February 22, 2013, the two Governments issued a Joint Statement (http://www.whitehouse.gov/the-press-office/2013/02/22/joint-statement-united-states-and-japan) confirming that if Japan were to join the TPP, Japan would subject all goods to negotiation and join the current members in achieving a comprehensive, high-standard agreement.

The letter from Ambassador Sasae to Ambassador Marantis is available here: http://www.ustr.gov/sites/default/files/Amb%20Sasae%20Letter4-12-13.pdf , along with the attached Motor Vehicle Trade Terms of Reference here: http://www.ustr.gov/sites/default/files/Motor%20Vehicle%20TOR%20-%20Attachment%20to%20Amb%20Sasae%20Letter%204-12-13.pdf. The letter from Ambassador Marantis to Ambassador Sasae is available here: http://www.ustr.gov/sites/default/files/Amb%20Marantis%20Letter%204-12-13.pdf

US-Guinea: Corruption arrest in US puts Beny Steinmetz Group Resources in the frame

Apr 16, http://www.globalwitness.org/library/corruption-arrest-us-puts-beny-steinmetz-group-resources-frame

The US authorities have arrested a man in Florida in connection with the controversial acquisition of mining rights in Guinea by Beny Steinmetz Group Resources (BSGR), according to a US court document and a press statement from the Guinean government.

Without naming BSGR, yesterday's indictment - seen by Global Witness - says that a federal grand jury corruption investigation is under way into "potential violations of the Foreign Corrupt Practices Act" and money-laundering.

...

US: Arbitrator Did Not Exceed His Powers By Awarding Perpetual License In All Intellectual Property Rights For Video Game

Apr 22, http://www.technologylawsource.com/2013/04/articles/intellectual-property-1/arbitrator-did-not-exceed-his-powers-by-awarding-perpetual-license-in-all-intellectual-property-rights-for-video-game/

The Fifth Circuit Court of Appeals recently held that an arbitrator did not exceed his powers when he expanded an eight-year license to use a video game's trademarks into a perpetual license to use all the intellectual property rights associated with the game. See Timegate Studios, Inc. v. Southpeak Interactive, L.L.C., ___ F.3d ___, 2013 U.S. App. LEXIS 7184, No. 12-20256 (5th Cir. Apr. 9, 2013).

Under the Federal Arbitration Act, an arbitrator does not exceed his powers unless "he has utterly contorted the evident purpose and intent of the parties-the 'essence' of the contract." Timegate Studios, slip op. at 9. The Fifth Circuit found that the arbitrator's remedy of a perpetual license was "rationally rooted" in the agreement between the parties and therefore reinstated the arbitrator's award after the district court had vacated it.

US: Debevoise replaces Reed Smith in Supreme Court bout [Ust-Kamenogorsk Hydropower Plant]

Apr 11, http://www.thelawyer.com/practice-areas/litigation-/-dispute-resolution/debevoise-replaces-reed-smith-in-supreme-court-arbitration-battle/3003762.article

The case will be closely followed by the international arbitration and litigation community as it will decide the scope of the courts’ jurisdiction to grant declaratory and injunctive relief in support of an arbitration agreement in circumstances where there is no arbitration in existence or contemplation.

US: FINRA board approves plan to simplify selecting arbitrators

Apr 22, http://newsandinsight.thomsonreuters.com/Legal/News/2013/04_-_April/FINRA_board_approves_plan_to_simplify_selecting_arbitrators/

Reuters - The Financial Industry Regulatory Authority's board approved a proposal that could simplify the process for investors choosing arbitrators who hear disputes against securities brokerages, according to a letter posted Friday on FINRA's website.

US: Itec receives $1 mln arbitration award

Apr 17, http://www.agra-net.com/portal2/home.jsp?template=newsarticle&artid=20018038711&pubid=ag072

Itec Refining and Marketing Co. Ltd. (Itec) of Barrington, IL on April 12th received $1,073,697.09 from Astra Oil Company LLC (Astra) of Huntington Beach, CA, as full payment for wrongful cancellation of a contract.

US: Joint Statement of TPP Ministers

Apr 20, http://www.ustr.gov/about-us/press-office/press-releases/2013/april/joint-statement-tpp-ministers

Trans-Pacific Partnership Ministers Chart Path Forward on Key Issues and Confirm Next Steps on Japan's Entry

Surabaya, Indonesia - The trade ministers of the 11 Trans-Pacific Partnership (TPP) countries -- which include Australia, Brunei Darussalam, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, United States, and Vietnam -- met on the margins of the Asia-Pacific Economic Cooperation (APEC) meeting of Ministers Responsible for Trade to chart a path forward on the remaining issues that will enable them to conclude the negotiations on a 2013 timeframe as instructed by TPP Leaders. They also discussed the status of their discussions with Japan on its interest in joining the TPP.

As the negotiating teams prepare for the next round in Lima, Peru, set for May 15-24, ministers agreed on next steps to advance the TPP talks in a range of areas. They directed negotiators to complete their work on some chapters and to accelerate progress on more challenging issues that remain including intellectual property, competition/State-owned enterprises, and environment, as well as on the market access packages for goods, services/investment, and government procurement. Ministers committed to intensifying their own engagement over the coming months to work out solutions to outstanding sensitive issues and to achieve the TPP Leaders' objective of a high-quality, ambitious, and comprehensive agreement this year.

Ministers also confirmed that each TPP member has concluded bilateral consultations with Japan regarding Japan's interest in joining the TPP. Today, Ministers agreed by consensus to finalize with Japan the process for entry in a manner that allows the negotiations to continue expeditiously toward conclusion - as was done with other members that joined the negotiations in progress. Japan can then join the TPP negotiations upon completion of current members' respective domestic processes.

With Japan's entry, TPP countries would account for nearly 40 percent of global GDP and about one-third of all world trade. TPP Ministers noted that Japan's participation in the negotiation will underscore the economic significance of TPP and its promise as a pathway toward a Free Trade Area of the Asia Pacific.

US: New Georgia State University law school will have an arbitration center

Apr 15, http://saportareport.com/blog/2013/04/new-gsu-law-school-to-be-showplace/

The building also will have an arbitration center with three large hearing rooms and nine breakout rooms to support Georgia’s commitment to become an international venue for dispute resolution.

US: Philip Morris USA Makes Master Settlement Agreement Payment of Approximately $3.1 Billion

Apr 15, http://www.altria.com/en/cms/company_announcements/announcement.aspx?src=pmusa&reqId=1806873

Philip Morris USA (PM USA) today made its annual Master Settlement Agreement (MSA) payment of approximately $3.1 billion. The payment reflects a $483 million credit that PM USA received pursuant to a settlement of the non-participating manufacturer (NPM) adjustment disputes for 2003-2012 that it and other participating manufacturers reached in December with 17 states, the District of Columbia and Puerto Rico. Since then, one other state joined the settlement, bringing the total number of signatory jurisdictions to 20.

US: Settlement proposed in Savannah harbor lawsuit

Apr 18, http://www.cedartownstd.com/view/full_story/22277988/article-Settlement-proposed-in-Savannah-harbor-lawsuit?instance=home_news_lead_story

SAVANNAH, GA. - Parties in a federal lawsuit over the proposed $652 million deepening of the Savannah harbor are considering a possible settlement.

US: Shuttered Pacific West Brokerage Ordered to Pay Investors $5.7M - WSJ.com

Apr 10, http://online.wsj.com/article/SB10001424127887323550604578412880757036920.html

NEW YORK—An arbitration panel has ordered now-defunct brokerage Pacific West Financial Group to pay a total of about $5.7 million to more than 50 investors who lost money in oil and gas investments it recommended in 2006 and 2007.

US: Signal Demands Arbitration on GLDD Design Modifications

Apr 16, http://www.businesswire.com/news/home/20130416005404/en/Signal-Demands-Arbitration-GLDD-Design-Modifications

BUSINESS WIRE -- Signal International, Inc., announced today that work toward the design of an Articulated Tug/Barge Hopper Dredge for Great Lakes Dredge and Dock (GLDD) has been discontinued. Signal and GLDD entered into a contract for the design and build of an AT/B Hopper Dredge in August 2012, with construction originally scheduled to begin in January 2013. According to Signal, the project has undergone numerous delays and construction has not started due to a series of major design changes initiated by GLDD. These ongoing requests for modifications continued even past the revised construction start date. Signal stated they have been working with GLDD to firm up the design but the attendant escalating costs and schedule delays were not being addressed by GLDD in an equitable manner.

US: U.S. Trade Representative Marantis Lauds Progress in APEC and Trans-Pacific Partnership, Notes Shared Concerns on World Trade Organization Talks

Apr 21, http://www.ustr.gov/about-us/press-office/press-releases/2013/april/amb-marantis-apec-tpp

United States Advances Job-Supporting Trade and Investment Priorities for Asia-Pacific Region

Surabaya, Indonesia - Acting U.S. Trade Representative Demetrios Marantis today hailed a "steady march forward" on job-supporting trade and investment priorities at the Asia-Pacific Economic Cooperation (APEC) meetings of Ministers Responsible for Trade, and reiterated the United States' welcome to Japan as the newest participant in the Trans-Pacific Partnership talks. Marantis led the U.S. delegation at the APEC meetings in Surabaya, and chaired meetings of the 11 TPP ministers on the margins of the APEC event.

"The cooperative work of APEC economies in Surabaya has underscored the essential contributions this body is making to trade and economic growth in the Asia-Pacific and around the world," said Ambassador Marantis, who praised Indonesia's leadership in hosting the successful gathering. "From steps to improve supply chain performance, increase trade in environmental goods, promote innovation and adopt better regulatory practices, to tackling the troubling trend of local content requirements, there is a steady march forward by APEC economies to deepen our economic integration and improve opportunities in the region."

Marantis also welcomed the announcement on Saturday, April 20 that TPP ministers had agreed by consensus to bring Japan into the ambitious regional trade talks, pending successful conclusion of each member's respective domestic procedures.

"TPP negotiations continue to move forward at a dynamic and promising pace. The TPP membership was already robust, presenting economic opportunities for the United States and every member country, and the addition of Japan increases its significance and its potential across the board," said Ambassador Marantis. "Japan's entry will offer a huge new market for American exports that can support more jobs at home. For the United States, we look forward to consulting with our Congress and stakeholders further as Japan prepares to join the talks, and to continuing the push for a TPP agreement this year."

As the APEC meetings came to a close, Marantis and Deputy U.S. Trade Representative Michael Punke, the U.S. Ambassador to the WTO, noted the broadening concern among APEC economies about the scope and direction of multilateral trade discussions in Geneva.

"APEC economies cautioned this week that there must be a course correction if the WTO is to produce any results on trade facilitation and other key priorities at the Bali ministerial this December," said Ambassador Marantis. "We share the determination of our fellow APEC members to work together and shape a realistic package in Geneva now. This is necessary not only to produce economic opportunities for Members, especially developing countries, but also to restore faith in the WTO's ability to deliver multilateral results."

From Surabaya, Ambassador Marantis will now travel to Hanoi, Vietnam for meetings on the Trans-Pacific Partnership and bilateral issues.

US: What Law Students Aren't Learning, and Why It Matters

Mar 22, http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202596404324&What_Law_Students_Arent_Learning_and_Why_It_Matters&slreturn=20130322053033

I'm 58 years old. I'm a nice guy and a great lawyer. I have scores of trial victories. I don't understand the problem. Where's the business?

We really heard this. Verbatim. The truth is, we hear this sort of thing often and it never gets easier to hear. If industry veterans struggle with business development, what can we possibly expect of law students? The answer, of course, is concerning. Law students don't sweat their futures as business developers because they don't even know what's coming down the pike-that client development will be a primary driver of, and a determinant factor in, their professional success. However, legal marketing is not a requisite component of the law school curriculum and it's certainly not anything conventionally and meaningfully addressed in summer associate programming. In the broadest sense-and soon-we need to address the gap in the lawyer production line: We are manufacturing technical specialists in a world that puts a lot more emphasis on business savvy.

WikiLeaks Shows Nascent Oil Woes in Ecuador

Apr 17, http://www.courthousenews.com/2013/04/17/56787.htm

MANHATTAN (CN) - Long before Chevron's two-decade litigation over oil pits in the Amazon, its predecessor Texaco fretted with U.S. diplomats over frequent pipeline ruptures, bad press and tumultuous politics in Ecuador, WikiLeaks cables show.

Zimbabwe: Afrasia Wins Malawi Dispute [arbitrator bias]

Apr 16, http://allafrica.com/stories/201304160301.html

BANKING Group, AfrAsia Kingdom Zimbabwe Limited, formerly Kingdom Financial Holdings Limited, could claim the full value of its shares in the disposal of a stake in a Malawian financial institution after winning an appeal against an arbitrator. A Malawian High Court judge set aside an arbitrator's ruling against AfrAsia, citing bias by the arbitrator who had been improperly appointed.

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.

East African Court of Justice (EACJ) to hold a Two Day session in Dar es Salaam, 17- 18 April

Apr 11, http://www.eacj.org/EACJ_to_hold_two_day_session_in_dar.php

The East African Court of Justice First Instance Division will on 17th to 18th April 2013, hold its first sitting out of Arusha. The Division will hear the first case of the 2nd Quarterly session in Dar es Salaam- Tanzania. The sitting in Dar es Salaam is the 2nd sitting EACJ is holding in the Partner States, the first one having been held in Nairobi-Kenya during the Anyang Nyongo case, in 2008.

The case to be heard in Dar es Salaam was filed by Mr. Timothy Alvin Kahoho from the United Republic of Tanzania, against The EAC Secretary General, seeking for orders to restrain the East African Community Secretariat from carrying out activities geared towards the realization of the East African Political Federation. Mr. Kahoho is challenging a number of directives of the 13th Ordinary Summit of Heads of State held in Burundi in November 2011, for being an infringement of Article 11 (5) of the EAC Treaty, which provides that "The Summit may delegate the exercise of any of its functions, subject to any conditions which it may think fit to impose to a member of the Summit, to the Council or to the Secretary General, there is no provision allowing it to give directives to the Secretariat."

Among the directives in question, is one to propose an action plan on and a draft model of the structure of the East African Political Federation, one on the conclusion of the protocol on immunities and privileges for the East African Community, its Organs and Institutions, one on producing a roadmap for establishment and strengthening of institutions identified by a team of experts as critical for the functioning of the Customs Union, Common Market and Monetary Union and one on formulation of an action plan for the purpose of operationalising the other recommendations in a report of a team of experts.

On 19th July 2012 the First Instance Division dismissed an application seeking interim orders to restrain the EAC Secretariat from executing the above directives. The Court found that the application did not show that the Applicant would suffer irreparable injury if the injunction was not granted and further that granting the injunction sought would inconvenience the Secretariat, which had gone a long way in the process of implementing the contested directives, more than refusal to grant the same would the Applicant.

The 2nd quarterly sessions of the Court will run from 9th April to 17th May 2013. The Appellate Division is expected to hear one (1) Reference and deliver one (1) Judgment while the First Instance Division will hear five (5) References, two (2) Applications, and deliver two (2) Judgments. Four (4) taxation matters will be handled by the Registrar.

The Appellate Division will as well start its sessions on 15th April in Arusha.

JOBS / MOVES

Dentons' London Arbitration Practice Welcomes Michelle Bradfield

Apr 17, http://www.dentons.com/en/whats-different-about-dentons/connecting-you-to-talented-lawyers-around-the-globe/news/2013/april/dentons-london-arbitration-practice-welcomes-michelle-bradfield?ParentItemID={795C5783-C2B0-4CDA-9D66-FB9DA623D578}&Archive=False

Dentons is pleased to announce that Michelle Bradfield has joined the firm's London office as a partner in the International Arbitration practice. Michelle joins from Latham & Watkins' International Arbitration group, where she has practiced since 2005.

Bird & Bird promotes eleven new partners

Apr 11, http://www.twobirds.com/English/News/PressReleases/Pages/bb_promotes_new_partners0413.Aspx

Bird & Bird is pleased to announce the appointment of eleven new partners from across our international offices and from a variety of sector groups and practices.

... Annet van Hooft has a broad range of experience handling complex international arbitrations under various applicable laws and in a wide variety of sectors, including life sciences, energy and construction, and in the area of mergers and acquisitions and joint-ventures.

Volterra Fietta: Patricio Grané Labat has joined the firm as a partner

Apr 15, http://www.volterrafietta.com/newsletter/vf.2013.0415.html

Volterra Fietta is pleased to announce that Patricio Grané Labat has joined the firm as a partner, effective 15 April 2013.

Patricio is both civil and common law-trained. He is admitted to practice in New York and Washington, DC. Patricio brings extensive experience representing sovereign states and private parties in international dispute resolution proceedings, as well as in non-contentious matters under public international law. He has represented claimant and respondent parties in investment arbitrations and has acted as counsel in institutional or ad hoc arbitrations under ICSID, UNCITRAL, and ICC rules. Patricio has also represented developed and developing countries in dispute settlement proceedings under the World Trade Organization (WTO) and has argued cases (including as lead counsel) before panels and the Appellate Body. He has also advised sovereign states on trade policy issues and in regional trade negotiations.

Books

Book: Arbitration in the Lebanon: A Guide to the Law and Practice

ISBN13: 9780854900664

Arbitration in Lebanon is the first publication that covers, in a single volume, the complete area of arbitration law as it stands in Lebanon and comparative analysis with French, English and other arbitration systems. The author focuses on the advantages and pitfalls of arbitration in this once vibrant French colony, suggesting possible improvements for a way forward through a more efficient, reliable and cost effective arbitration system.

Book: International Commercial Arbitration: Standard Clauses and Forms - Commentary

Edited by: Peter Munch, Jonathan L. Black-Branch, Nicole Conrad
Publisher: Hart Publishing
Format: Hardback
ISBN13: 9781849464895

This comprehensive handbook provides the full range of clauses, forms and documents needed by practitioners in the course of arbitral proceedings as well as commentaries based on scientific principles and insider know-how with regard to arbitration in specific countries.

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