issue #06, week 21. 22 May 2013
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

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ECHR: Forthcoming Chamber judgment in the case of Tymoshenko v. Ukraine April 30, 2013

Apr 24, http://hudoc.echr.coe.int/webservices/content/pdf/003-4337366-5200016

The European Court of Human Rights will be delivering a Chamber judgment in the case of Tymoshenko v. Ukraine (application no. 49872/11) at a public hearing in Strasbourg on Tuesday 30 April 2013 at 10.30 a.m.

The case concerns complaints related to the detention of the former Ukrainian Prime Minister.

Yuliya Tymoshenko, born in 1960, is the leader of Batkivshchyna, one of the strongest opposition parties in Ukraine, and of Yuliya Tymoshenko's Bloc. She was the Prime Minister of Ukraine in 2005 and between December 2007 and March 2010. In April 2011, criminal proceedings were brought against her for allegedly making an illegal order for the signing of a contract concerning gas imports. On 11 October 2011, she was convicted as charged, including of abuse of power, and sentenced to seven years' imprisonment and a three-year ban on holding public office. On 29 August 2012, the conviction and sentence were upheld in a final judgment.

During the criminal proceedings, on 5 August 2011, the trial court ordered Ms Tymoshenko's detention on remand. On the same day she was placed in the pre-trial detention facility in Kyiv (SIZO no. 13), where she remained until 30 December 2011. She was then transferred to the Kachanivska Correctional Colony in Kharkiv to serve her prison sentence. Suffering from numerous health problems, Ms Tymoshenko alleges that the detention conditions in both facilities were inadequate and that she did not receive appropriate medical treatment.

Following an interim measure indicated by the European Court of Human Rights that her medical treatment in an appropriate institutionalised setting should be ensured (see below), Ms Tymoshenko was transferred to the Kharkiv hospital on 20 April 2012. She maintains that she objected to the transfer and that force was used, allegedly causing bruising to her stomach and arms. She refused medical treatment because of what she contended was the inappropriateness of that hospital for her needs, and she went on a hunger strike in protest against the prison guard's violence and her forced transfer. On 22 April 2012, Ms Tymoshenko was returned to prison. On the next day she filed a complaint with the Kharkiv Prosecutor Office about her forced transfer to the hospital. The prosecutor found no reason for opening a criminal case and decided not to investigate the case further.

On 9 May 2012, Ms Tymoshenko was again transferred to the Kharkiv hospital, where she started medical treatment under the supervision of a German neurologist and ended her hunger strike. She subsequently filed a criminal complaint concerning her permanent video surveillance in the hospital and the alleged publication of confidential medical information. The prosecutor decided not to open a criminal case. An administrative action, brought by Ms Tymoshenko on 8 June 2012, concerning the same complaints and, in particular, the alleged denial of her right to make phone calls, was dismissed on 30 October 2012.

Complaints and procedure

Ms Tymoshenko's application was lodged with the European Court of Human Rights on 10 August 2011.

Ms Tymoshenko complains in particular: that her detention conditions in the pre-trial detention facility in Kyiv and in the Kachanivska Correctional Colony in Kharkiv were inadequate, with no appropriate medical care provided for her numerous health problems; that on 20 April 2012 she was transferred to the hospital in Kharkiv against her will, that she sustained injuries during the transfer and that the incident was not properly investigated; that she was under round-the-clock surveillance in the hospital; that her detention pending trial was arbitrary and lacked legal grounds; that she was unable to challenge the lawfulness of the pre-trial detention and that she did not have an enforceable right to compensation; and, that her detention had ulterior motives. She relies principally on Article 3 (prohibition of degrading treatment or punishment), Article 5 (right to liberty and security), Article 8 (right to private life) and Article 18 (limitation on use of restrictions on rights) of the European Convention on Human Rights.

The Court decided, on 14 December 2011, to give priority to the case in view of the serious and sensitive nature of the allegations raised. On 15 March 2012, it granted an interim measure (under Rule 39 of its Rules of Court) requested by Ms Tymoshenko, indicating to the Ukrainian Government that her medical treatment in an appropriate institutionalised setting should be ensured. Following a formal request from the Government and their submission indicating that Ms Tymoshenko was receiving adequate treatment in an appropriate institutionalised setting, the Court decided to lift the interim measure on 31 May 2012, finding that the Government had complied with it. On 28 August 2012, a public hearing took place in Strasbourg.

This press release is a document produced by the Registry. It does not bind the Court.

ECHR: Judgment Tymoshenko v. Ukraine [pdf]

Apr 30, http://hudoc.echr.coe.int/webservices/content/pdf/003-4343134-5208270

André Potocki (France),

and also Stephen Phillips, Deputy Section Registrar.

Decision of the Court

As regards the scope of the case, the Court noted that after the case had been communicated to the Ukrainian Government, Ms Tymoshenko had raised several new complaints, relating to the criminal proceedings against her. The Court considered that those complaints were not an elaboration of her original complaints and that it was therefore not appropriate to add them to the case; they are the subject of an application currently pending before the Court (application no. 65656/12).

Complaints declared inadmissible

The Court declared inadmissible the complaints raised by Ms Tymoshenko under Article 3 concerning the conditions of her pre-trial detention and concerning the alleged lack of appropriate medical treatment during her detention. While the Court accepted that she might have experienced certain problems on account of the material conditions during part of the detention ­ in particular limited access to daylight, lack of hot water and lack of heating during limited periods ­ the situation had not been severe enough to be covered by the scope of Article 3. It was clear from the voluminous materials before the Court that Ms Tymoshenko's health had received considerable attention from the Ukrainian authorities, which had invested efforts far beyond the normal health-care arrangements available for ordinary detainees in Ukraine. The European Committee for the Prevention of Torture (CPT) had visited the pre-trial detention facility where she was detained in November and December 2011 and had not raised any particular concern with regard to the appropriateness of the medical care provided to her.

The Court also declared inadmissible - for non-exhaustion of national remedies ­ Ms Tymoshenko's complaints under Article 8 concerning her alleged round-the-clock surveillance in the hospital. While the Ukrainian courts had dismissed her administrative action, the first-instance judgment could be challenged on appeal, and it would have been open to Ms Tymoshenko to apply to the domestic courts for an interim measure.

Article 3

As regards Ms Tymoshenko's complaint regarding her alleged ill-treatment during her transfer to hospital on 20 April 2012, the Court noted that it was established that several bruises had appeared on her body during her detention in the colony. That alone called for an explanation by the State authorities as to their origin. According to the Government's submissions, the video surveillance in the colony had operated, at least on 20 April 2012, without any recordings of the images being made. The Court was therefore unable to verify the Government's assertion that the video surveillance had revealed nothing out of the ordinary.

The Court noted that the location of Ms Tymoshenko's bruises ­ on her stomach and arms ­ was consistent with her account that she had been violently pulled from her bed and punched in the stomach on the day of her transfer to the hospital. Nevertheless, the Court could not ignore the medical evidence before it that the apparent age of the bruises had not corresponded with the time she had indicated and that there had been other possible origins of the bruising which did not involve external trauma. Those findings could only have been satisfactorily confirmed or refuted if Ms Tymoshenko had undergone a full forensic medical examination, which she had refused to allow on two occasions. Given the absence of such forensic evidence, resulting from her decision not to undergo the examination, the Court could not find it established to the necessary standard of proof that the bruising had resulted from treatment in breach of Article 3 during her transfer to hospital on 20 April 2012.

Since Ms Tymoshenko had made an arguable complaint of ill-treatment before the Ukrainian authorities, they had been under an obligation to carry out an effective investigation into those allegations. However, the finding that the effectiveness of the investigation had been hindered by Ms Tymoshenko's refusals to undergo a forensic medical examination was sufficient to lead the Court to conclude that the investigation into her complaint had been "effective" for the purpose of the requirements of Article 3.

There had accordingly been no violation of Article 3 either on account of the alleged ill- treatment or on account of the alleged ineffectiveness of the investigation.

Article 5 § 1

As regards Ms Tymoshenko's complaint that her pre-trial detention had been unlawful and arbitrary, the Court noted that her detention pending trial had been ordered for an indefinite period of time, which in itself was contrary to the requirements of Article 5. The Court had found in other cases against Ukraine that this had been a recurrent issue resulting from legislative lacunae.

Furthermore, the detention order of 5 August 2011 had not indicated that Ms Tymoshenko had breached the obligation not to leave town, which had been applied to her as a preventive measure. Nor had the judge of the trial court asserted that she had been absent from any of the court hearings. Accordingly, no risk of absconding was discernible from the accusations which had been advanced among the reasons for her detention, which included namely the fact that she had refused to announce her address at a court hearing and that she had been a few minutes late for one of the hearings. The main justification for her detention indicated by the judge had been her alleged hindering of the proceedings and contemptuous behaviour. This reason was not included among those which would justify deprivation of liberty under Article 5 § 1. Moreover, it remained unclear how it was a more appropriate measure in the circumstances of Ms Tymoshenko's alleged contemptuous behaviour to replace the obligation not to leave town with her placement in detention. Given that the reasons indicated for her pre-trial detention remained the same until her conviction, the Court considered that the detention had been arbitrary and unlawful during the entire period. There had accordingly been a violation of Article 5 § 1.

Article 5 § 4

The lawfulness of Ms Tymoshenko's detention had been reviewed by the Ukrainian courts on several occasions. However, the relevant court decisions did not satisfy the requirements of Article 5 § 4, as they had been confined to the mere statement that no appeal was possible against a ruling on change of a preventive measure ordered during the examination of a criminal case and had reiterated the initially applied reasoning, which the Court had found to be deficient. While Ms Tymoshenko had advanced specific arguments in her numerous applications for release ­ in particular her unfailing compliance with the obligation not to leave town and the fact that she had made no attempt to obstruct the investigation ­ the trial court had dismissed her requests without having given any consideration to those arguments. Furthermore, the Court had already found in other cases that Ukrainian law did not provide for a procedure to review the lawfulness of continued detention after the completion of a pre-trial investigation that would satisfy the requirements of Article 5 § 4. There had accordingly been a violation of Article 5 § 4.

Article 5 § 5

The Court observed that under Ukrainian law the right to compensation arose when the unlawfulness had been established by a judicial decision. However, there was no procedure under Ukrainian law for seeking compensation for a deprivation of liberty found to be in breach of Article 5 by the European Court of Human Rights. The Court had already noted that lacuna in its case-law in other cases against Ukraine and the situation had not changed. There had accordingly been a violation of Article 5 § 5.

Article 18 in conjunction with Article 5

The Court noted that Ms Tymoshenko, who was the former Prime Minister and the leader of one of the strongest opposition party, had been accused of exceeding authority or official powers and had been prosecuted shortly after the change of Government. In that respect, the case was similar to the case of Lutsenko v. Ukraine (6492/11), which had concerned the detention of a former Minister. Ms Tymoshenko complained in particular that her detention had been used by the authorities to prevent her from political life and from running as a candidate in the elections of 28 October 2012.

The Court had already found that Ms Tymoshenko's detention ­ although according to the Government it had been effected for the purposes provided under Article 5 ­ had mainly served to punish her for a lack of respect for the trial court. The Court therefore concluded that the restriction of her liberty had not been applied for the purpose of bringing her before a competent legal authority on reasonable suspicion of having committed an offence, but for other reasons. The Court considered this a sufficient basis for finding a violation of Article 18 in conjunction with Article 5.

Just satisfaction (Article 41)

Ms Tymoshenko did not submit any claims in respect of damage or costs and expenses.

Separate opinions

Judges Jungwiert, Nussberger and Potocki expressed a joint concurring opinion. Judges Spielmann, Villiger and Nussberger expressed a joint dissenting opinion. These opinions are annexed to the judgment.

The judgment is available only in English.

[1] Under Articles 43 and 44 of the Convention, this Chamber judgment is not final. During the three-month period following its delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution. Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution

This press release is a document produced by the Registry. It does not bind the Court. Decisions, judgments and further information about the Court can be found on www.echr.coe.int. To receive the Court's press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter @ECHR_Press.

CRCICA's recent caseload: A rich variety of disputes

May 07, http://crcica.org.eg/newsletters/nl012013/nl012013a001.html

The total number of arbitration cases filed before CRCICA until 31 March 2013 reached 885 cases. In the first quarter of 2013, 15 new arbitration cases were filed.

CRCICA's caseload in the first quarter of 2013 involved disputes relating mainly to services, supply, investment agreements, construction, petroleum concession agreements, lease agreements, hotel management and transfer of technology. The first quarter of 2013 witnessed the filing of six cases arising out of services contracts, one of which related to catering and management of restaurants, while the others related to: the maintenance services of a well known European car, an international contract for ground handling airport services, a contract for the management, operation and marketing of memberships, an agreement for the follow-up, supervision and technical assistance, and transportation services.

...

EFTA and Indonesia continue work towards Economic Partnership Agreement

May 15, http://www.efta.int/free-trade/free-trade-news/2013-05-15-efta-indonesia-7th-rnd-fta-neg.aspx

Delegations from the EFTA States and Indonesia held their seventh round of negotiations from 12 to 15 May 2013 in Solo, Indonesia.

Under a meeting programme covering all main parts of the envisaged EFTA-Indonesia Comprehensive Economic Partnership Agreement (CEPA), further headway was made and the process gained momentum.

Based on internal work and consultations to be undertaken on both sides during the coming months, the next full round of negotiations is expected to take place in October 2013.

The EFTA negotiating team was headed by Ambassador Didier Chambovey from Switzerland, while H.E. Soemadi D.M. Brotodiningrat once again led the Indonesian delegation.

Egypt: Union Fenosa takes Egypt's Egas to arbitration over fuel supply

Apr 26, http://www.zawya.com/story/Union_Fenosa_takes_Egypts_Egas_to_arbitration_over_fuel_supply-ZW20130426000067/

A liquefied natural gas plant majority owned by Spain's Gas Natural SA (GAS.MC) and Italy's Eni SpA (E) has taken Egyptian state-controlled Egas to arbitration over failing to comply with a supply contract, a person familiar with the matter at Egas said.

Energy Charter: ECS Knowledge Centre Holds Highly Successful First Training Programme

May 13, http://www.encharter.org/index.php?id=594&L=0

This very first training programme of the Energy Charter Secretariat Knowledge Centre was designed as a three-day-long course aimed at assisting younger generation energy professionals to better understand how the tools and instruments of multilateral cooperation can help address the prevailing challenges facing international energy markets. Participants were exposed to the leading forms of knowledge and experience outlining the benefits of international cooperation in the energy field. The programme focused on providing the participants with instruments for developing the relevant know-how in order to promote an innovative, secure and sustainable future for global energy.

ICC: MOU with Arbitration Place boosts ICC Arbitration in North America

May 21, http://www.iccwbo.org/News/Articles/2013/MOU-with-Arbitration-Place-boosts-ICC-Arbitration-in-North-America/

A memorandum of understanding (MOU) between the International Chamber of Commerce and Arbitration Place - an arbitration hearing centre in Toronto, Canada - is set to benefit the international arbitration community and reinforce the International Court of Arbitration of the International Chamber of Commerce's commitment to North America.

The MOU reinforces the ICC International Court of Arbitration's commitment to North America Established shortly ahead of the opening an office of the ICC Court's Secretariat in New York, the agreement is the latest measure taken by the Court to bolster its presence in North America. The region comprises one of the largest constituencies of ICC Arbitration users and as such North American parties are a significant demographic for the Court. The MOU is in line with ICC's objective to make the quality services of the Court's Secretariat more accessible to parties, their counsel and arbitrators in the region.

"The agreement substantiates our commitment to North America and will be an excellent platform for the Court's activity in Canada," said Andrea Carlevaris, Secretary General of the International Court of Arbitration. "I visited Arbitration Place's excellent facilities earlier this year and was very impressed."

Kimberley Stewart, CEO of Arbitration Place said: "We are delighted to welcome ICC to Arbitration Place. We hope that users of ICC Arbitration will consider our state-of-art hearing facilities and benefit from our all-encompassing service. Toronto is an excellent location for hearings and is easily accessible with convenient and direct flights from almost everywhere."

ICC Canada Chair Barry Leon, Head of the International Arbitration Group at Perley-Robertson, Hill & McDougall, added: "Parties and arbitration practitioners are increasingly considering Canada as a seat and venue for their arbitrations. ICC Canada welcomes ICC's presence at Arbitration Place in Toronto and we look forward to the increased use of ICC Arbitration to resolve commercial and investor-state disputes as ICC increases its focus on Canada and the United States."

Under the parameters of cooperation outlined in the MOU, Arbitration Place will provide office facilities for the Court of Arbitration to conduct its operations in Toronto. In return, ICC will advocate the use of Arbitration Place for arbitration hearings in the city.

Celebrating its 90th anniversary in 2013, the ICC International Court of Arbitration is one of the oldest and most respected institutions for international commercial arbitration, an appealing alternative to litigation for companies and states. In addition to the Court's wealth of expertise, partnerships with respected partners such as Arbitration Place demonstrate ICC's commitment to keep pace with contemporary interests and concerns of dispute resolution service users around the world.

ICC: New Guide for enforcement of awards now available online

May 10, http://www.iccwbo.org/Products-and-Services/Arbitration-and-ADR/Articles/2013/New-Guide-for-enforcement-of-awards-now-available-online/

The new edition of the ICC Guide to National Procedures for Recognition and Enforcement of Awards under the New York Convention can now be consulted online in the ICC Dispute Resolution Library - http://www.iccdrl.com/

ICC: New rules attract international arbitration cases

May 07, http://www.iccwbo.org/News/Articles/2013/New-rules-attract-international-arbitration-cases/

The International Court of Arbitration of the International Chamber of Commerce (ICC) received 759 requests for arbitration and rendered 491 awards in 2012, the first year in which the new 2012 ICC Rules of Arbitration took effect.

ICC: Six new members were appointed to the International Court of Arbitration at the recent meeting of the ICC World Council

May 22, http://www.iccwbo.org/Products-and-Services/Arbitration-and-ADR/Articles/2013/New-members-join-ICC-Court/

The ICC International Court of Arbitration welcomes six new members to its ranks, following appointments made by the ICC World Council at its meeting in Doha on 21 April 2013.

These new appointments bring the total number of Court members to 133, from 85 countries and territories.

The broad range of legal, cultural, linguistic and professional traditions represented with the ICC Court makes it perfectly equipped to handle a highly diverse and truly international caseload. In 2012, 2036 parties from 137 countries and territories were involved in the cases submitted to ICC.

The International Court of Arbitration of the International Chamber of Commerce is the arbitration body of the ICC. It does not itself resolve the dispute. It administers the resolution of disputes by arbitral tribunals, in accordance with the ICC Rules of Arbitration and the Court is the only body authorized to administer arbitrations under the ICC Rules of Arbitration.

The full list of Court members is here: http://www.iccwbo.org/About-ICC/Organization/Dispute-Resolution-Services/ICC-International-Court-of-Arbitration/List-of-Current-Court-Members/

ICJ: Bolivia institutes proceedings against Chile with regard to a dispute concerning the obligation of Chile to negotiate the "sovereign access of Bolivia to the Pacific Ocean

Apr 24, http://www.icj-cij.org/docket/files/150/17346.pdf

Bolivia institutes proceedings against Chile with regard to a dispute concerning the obligation of Chile to negotiate the "sovereign access of Bolivia to the Pacific Ocean"

THE HAGUE, 24 April 2013. Today, the Plurinational State of Bolivia instituted proceedings against the Republic of Chile before the International Court of Justice (ICJ), the principal judicial organ of the United Nations, concerning a dispute in relation to "Chile's obligation to negotiate in good faith and effectively with Bolivia in order to reach an agreement granting Bolivia a fully sovereign access to the Pacific Ocean".

The Application contains a summary of the facts -- starting from the independence of Bolivia in 1825 and continuing until the present day -- which, according to Bolivia, are "the main relevant facts on which this claim is based", and which must be provided in any Application under Article 38, paragraph 2, of the Rules of Court.

In its Application, Bolivia states that the subject of the dispute lies in "(a) the existence of that obligation, (b) the non-compliance of that obligation by Chile and (c) Chile's duty to comply with the said obligation".

Bolivia asserts inter alia that "beyond its general obligations under international law, Chile has committed itself, more specifically through agreements, diplomatic practice and a series of declarations attributable to its highest-level representatives, to negotiate a sovereign access to the sea for Bolivia". According to Bolivia, "Chile has not complied with this obligation and . . . denies the existence of its obligation".

Bolivia accordingly "requests the Court to adjudge and declare that:

(a) Chile has the obligation to negotiate with Bolivia in order to reach an agreement granting Bolivia a fully sovereign access to the Pacific Ocean;

(b) Chile has breached the said obligation;

(c) Chile must perform the said obligation in good faith, promptly, formally, within a reasonable time and effectively, to grant Bolivia a fully sovereign access to the Pacific Ocean".

As the basis for the jurisdiction of the Court, the Applicant invokes Article XXXI of the American Treaty on Pacific Settlement (Pact of Bogotá) of 30 April 1948, to which both States are parties. This Article provides that: "In conformity with Article 36, paragraph 2, of the Statute of the International Court of Justice, the High Contracting Parties declare that they recognize, in relation to any other American State, the jurisdiction of the Court as compulsory ipso facto, without the necessity of any special agreement so long as the present Treaty is in force, in all disputes of a judicial nature that arise among them concerning:

(a) the interpretation of a treaty;

(b) any question of international law;

(c) the existence of any fact which, if established, would constitute the breach of an international obligation;

(d) the nature or extent of the reparation to be made for the breach of an international obligation."

At the end of its Application, Bolivia "reserves [its] right to request that an arbitral tribunal be established in accordance with the obligation under Article XII of the Treaty of Peace and Friendship concluded with Chile on 20 October 1904 and the Protocol of 16 April 1907, in the case of any claims arising out of the said Treaty".

ICJ: Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) - Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica) - The Court joins the proceedings in the two cases

Apr 23, http://www.icj-cij.org/docket/files/150/17332.pdf

Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)

Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica)

The Court joins the proceedings in the two cases

THE HAGUE, 23 April 2013. By two separate Orders dated 17 April 2013, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has joined the proceedings in the case concerning Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) and in the case concerning the Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica).

In its two Orders, the Court emphasized that it considered it appropriate to join the proceedings in the cases, "in conformity with the principle of the sound administration of justice and with the need for judicial economy".

The subsequent procedure was reserved for further decision.

The Court has joined proceedings on two occasions in the past (the cases concerning South West Africa (Ethiopia v. South Africa; Liberia v. South Africa) and the cases concerning the North Sea Continental Shelf (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands)), even though its Rules at that time made no express provision for that possibility. The joinder resulted, in particular, in the holding of a single set of hearings in the cases concerned, and in the delivery of a single Judgment.

Reasoning of the Court

In its reasoning, which is the same in both Orders, the Court notes first that, under Article 47 of its Rules, "[t]he Court may at any time direct that the proceedings in two or more cases be joined" and that this provision leaves the Court "a broad margin of discretion".

The Court observes in turn:

(1) that the two cases concerned involve the same Parties and relate to the area where the common border between them runs along the right bank of the San Juan River;

(2) that both cases are based on facts relating to works being carried out in, along, or in close proximity to the San Juan River, namely the dredging of the river by Nicaragua and the construction of a road along its right bank by Costa Rica;

(3) that both sets of proceedings are about the effect of the aforementioned works on the local environment and on the free navigation on, and access to, the San Juan River, and that, in this regard, both Parties refer to the risk of sedimentation of the San Juan River;

(4) that in both cases the Parties make reference, in addition, to the harmful environmental effect of the works in and along the San Juan River on the fragile fluvial ecosystem (including protected nature preserves in and along the river); and, finally,

(5) that in both cases the Parties refer to violations of the 1858 Treaty of Limits, the Cleveland Award, the Alexander Awards and the Ramsar Convention.

The Court is of the opinion that a decision to join the proceedings will allow the Court to address simultaneously the totality of the various interrelated and contested issues raised by the Parties, including any questions of fact or law that are common to the disputes presented. In the view of the Court, hearing and deciding the two cases together will have significant advantages. Finally, the Court states that it does not expect any undue delay in rendering its Judgment in the two cases.

History of the two proceedings

It is recalled that the first proceedings, accompanied by a Request for the indication of provisional measures, were instituted by Costa Rica against Nicaragua on 18 November 2010, for "the incursion into, occupation of and use by Nicaragua's army of Costa Rican territory". Costa Rica alleged in particular that Nicaragua had, "in two separate incidents, occupied the territory of Costa Rica in connection with the construction of a canal across Costa Rican territory . . . and certain related works of dredging on the San Juan River". The Applicant also accused Nicaragua of breaching its obligations towards Costa Rica under a number of treaty instruments and other applicable rules of international law, as well as under certain arbitral and judicial decisions.

On 8 March 2011, the Court indicated certain provisional measures to both Parties.

The second proceedings were instituted by Nicaragua against Costa Rica on 22 December 2011. In its Application, Nicaragua stated that the case related to "violations of Nicaraguan sovereignty and major environmental damages on its territory". The Applicant contended in particular that Costa Rica was carrying out major works in most of the border area between the two countries along the San Juan River, namely the construction of a road, with grave environmental consequences. Nicaragua also reserved the right to request that the two proceedings be joined.

On 6 August 2012, Nicaragua filed four counter-claims in the first case (Costa Rica v. Nicaragua). Costa Rica raised certain objections to the admissibility of the first three counter-claims. In particular it argued that, by its actions, Nicaragua was "effectively seeking the joinder of the two different cases" and that such joinder would be neither timely nor equitable.

In a letter dated 19 December 2012 accompanying its Memorial in the second case (Nicaragua v. Costa Rica), Nicaragua formally asked the Court to consider the need to join the proceedings, requesting it to decide on this matter in the interests of the sound administration of justice. By a letter dated 7 February 2013, Costa Rica reiterated its position that such joinder would be neither timely nor equitable, contending in particular that there was no close connection between the two cases such as might justify a joinder.

ICMA Conference March 2013 presentations and slides available

May 08, http://www.icma.ie/

ICMA's 10th Anniversary Conference was a huge success and was entitled "A Decade of Progress - What next?" The conference presentations and slides are available.

ICSID: New Designations to the ICSID Panels

May 8, https://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement129

The Centre maintains a Panel of Conciliators and a Panel of Arbitrators pursuant to Articles 12-16 of the ICSID Convention. Each ICSID Contracting State may designate up to four persons to each Panel. The designees may, but need not, be nationals of the designating country. In addition, up to ten persons may be designated by the Chairman of the ICSID Administrative Council. Each designee normally serves for a renewable term of six years.

Since the last release of August 29, 2012, designations to the ICSID Panels have been made by the governments of the Democratic Republic of Congo, Egypt, Finland, Republic of Korea, Mongolia, and Spain. The names of these designees and the effective dates of their terms in office are listed below.

The complete list of the members of the ICSID Panels of Conciliators and of Arbitrators is updated on a regular basis and can be found here https://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDDocRH&actionVal=MembersofPannel

ICSID: Sao Tome and Principe Ratifies the ICSID Convention

May 21, https://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement130

Having signed the ICSID Convention on October 1, 1999, the Democratic Republic of Sao Tome and Principe deposited with the World Bank an Instrument of Ratification of the Convention on May 20, 2013.

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

In accordance with its Article 68(2), the ICSID Convention will enter into force for Sao Tome and Principe on June 19, 2013.

ITLOS: Arbitrators appointed in the arbitral proceedings instituted by the Republic of the Philippines against the People's Republic of China

Apr 15, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_191_E.pdf

On 24 April 2013, the President of the International Tribunal for the Law of the Sea, Judge Shunji Yanai, appointed three arbitrators to serve as members of the arbitral tribunal instituted under Annex VII to the United Nations Convention on the Law of the Sea ("the Convention") in respect of a dispute between the Republic of the Philippines and the People's Republic of China. The three arbitrators are Jean- Pierre Cot (France), Chris Pinto (Sri Lanka) and Alfred Soons (the Netherlands). The President appointed Chris Pinto as president of the arbitral tribunal.

By a Notification and Statement of Claim dated 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China pursuant to Annex VII to the Convention. In accordance with article 3, subparagraph (b), of Annex VII to the Convention, the Notification and Statement of Claim included the appointment of Rüdiger Wolfrum (Germany) as a member of the arbitral tribunal.

Article 3, subparagraph (c), of Annex VII to the Convention provides that the "other party to the dispute shall, within 30 days of receipt of the notification [instituting proceedings], appoint one member" of the arbitral tribunal and "[i]f the appointment is not made within that period, the party instituting the proceedings may ... request that the appointment be made" by the President of the Tribunal.

By letter dated 22 February 2013 from the Agent and Solicitor General of the Republic of the Philippines, the Philippines requested the President of the Tribunal to appoint one member of the arbitral tribunal, pursuant to article 3, subparagraphs (c) and (e), of Annex VII to the Convention.

Further to consultations by correspondence with the Parties, the President of the Tribunal, pursuant to article 3, subparagraphs (c) and (e), of Annex VII to the Convention, appointed Stanislaw Pawlak (Poland) as arbitrator in the arbitral proceedings.

Article 3, subparagraph (d), of Annex VII to the Convention provides that if the parties are unable to reach agreement on the appointment of one or more of the other three members of the tribunal, or on the appointment of the president of the arbitral tribunal, these appointments shall be made by the President of the International Tribunal for the Law of the Sea at the request of a party to the dispute. In accordance with article 3, subparagraph (e), of Annex VII to the Convention, the appointments "shall be made from the list referred to in article 2 of [the] Annex within a period of 30 days of the receipt of the request and in consultation with the parties".

By letter dated 25 March 2013 from the Agent and Solicitor General of the Republic of the Philippines, the Philippines requested the President of the Tribunal, pursuant to article 3, subparagraphs (d) and (e), of Annex VII to the Convention, to "appoint the three additional members of the arbitral tribunal and name one among them to serve as the president of the tribunal".

Further to consultations by correspondence with the Parties concerning the appointment of three arbitrators and the president of the arbitral tribunal, the President of the Tribunal appointed Jean-Pierre Cot (France), Chris Pinto (Sri Lanka) and Alfred Soons (the Netherlands) as arbitrators in the arbitral proceedings. The President appointed Chris Pinto as president of the arbitral tribunal.

As a result, the composition of the five-member Annex VII arbitral tribunal is as follows: Chris Pinto, president (Sri Lanka), Jean-Pierre Cot (France), Stanislaw Pawlak (Poland), Alfred Soons (the Netherlands) and Rüdiger Wolfrum (Germany).

ITLOS: Tribunal to Deliver Its Judgment in the M/V "Louisa" Case (Saint Vincent and the Grenadines V. Kingdom of Spain) on 28 May 2013 at 11 A.M.

May 17, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_192_E.pdf

The International Tribunal for the Law of the Sea will deliver its Judgment in The M/V "Louisa" Case (Saint Vincent and the Grenadines v. Kingdom of Spain) on Tuesday, 28 May 2013, at 11 a.m. The Judgment will be read by the President of the Tribunal.

The dispute concerns the M/V "Louisa", a vessel flying the flag of Saint Vincent and the Grenadines, which was boarded, searched and detained by Spanish authorities on 1 February 2006. According to Saint Vincent and the Grenadines, the M/V "Louisa" was engaged in conducting surveys of the sea floor with a view to locating oil and gas deposits, on the basis of a permit issued by the Spanish Ministry of the Environment. According to the Spanish authorities, several pieces of underwater archaeological origin, five "assault rifles" and a handgun were found on board during the search of the vessel. On the day the vessel was detained, the Spanish authorities also arrested two crew members and another person who was staying on the vessel and took them into custody; another crew member was later arrested in Portugal. By indictment of the Court of Criminal Investigation No. 4 of Cadiz, criminal proceedings were instituted for alleged violations of Spanish laws on "the protection of the underwater cultural heritage and the possession and handling of weapons of war in Spanish territory".

The Application instituting proceedings before the Tribunal included a request for provisional measures under article 290, paragraph 1, of the Convention, in which the Tribunal was requested, inter alia, to order the Respondent to release the M/V "Louisa" and return the property seized. In its Order of 23 December 2010, the Tribunal found that "the circumstances, as they now present themselves to the Tribunal, are not such as to require the exercise of its powers to prescribe provisional measures under article 290, paragraph 1, of the Convention."

After both Parties had filed written pleadings, oral proceedings on the merits of the case were held from 4 to 12 October 2012. Witnesses and experts were called by both Parties and a number of exhibits were displayed by the Parties on screen, including photographs, maps, and excerpts from documents.

In its final submissions, Saint Vincent and the Grenadines requested the Tribunal, inter alia: to declare that the boarding and detention of the M/V "Louisa" was unlawful and that the detention of persons in connection therewith was unlawful and abused their human rights in violation of the Convention; and to order reparations to the owners, the flag State and the persons concerned.

The Kingdom of Spain, in its final submissions, requested the Tribunal to adjudge and declare that the Application was not admissible and had to be dismissed and that the Tribunal had no jurisdiction in the case.

Attending the reading of the Judgment

The Judgment will be read in the main courtroom of the Tribunal and the reading is open to the public. Members of the diplomatic and consular corps and general public are welcome to attend. They are requested to register in advance.

Accreditation for media representatives

Members of the press are welcome to attend the reading of the Judgment but are requested to register in advance with the Press Office using the accreditation form that is available on the website of the Tribunal.

Unobtrusive audio and video recording of the public sitting is possible. Filming is subject to special authorization from the Press Office. Facilities are available for radio crews to connect recording equipment directly to the Tribunal's audio system.

Webcast

The reading of the Judgment will be broadcast live on the Tribunal's website. A recorded webcast of the reading of the Judgment will be available under Webcast Archives.

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

KLRCA: Newsletter Issue Jan-Mar 2013

Apr 25, http://www.klrca.org.my/userfiles/File/KLRCA%20Newsletter_2013Q1.pdf

The latest issue of KLRCA Newsletter (Jan-Mar 2013) issue is out.

WIPO: Results of the International Survey on Dispute Resolution in Technology Transactions - WIPO Arbitration and Mediation Center

May 05, http://www.arbitration-ch.org/pages/en/asa/news-&-projects/details/960.results-of-the-international-survey-on-dispute-resolution-in-technology-transactions-wipo-arbitration-and-mediation-center.html

This comprehensive survey was distributed to companies, research organizations, universities, government bodies, law firms, individuals and other entities involved in technology licensing and technology disputes, receiving 393 responses from 62 countries, in a number of industries.

Access the Executive Summary: http://www.wipo.int/amc/en/center/survey/results.html or the Full Report: http://www.wipo.int/export/sites/www/amc/en/docs/surveyresults.pdf

WTO Arbitrator determines "reasonable period of time" in electrical steel dispute

May 03, http://www.wto.org/english/news_e/news13_e/414arb2_e.htm

A WTO Arbitrator, on 3 May 2012, issued his award regarding the "reasonable period of time" for the implementation of Dispute Settlement Body recommendations and rulings in the dispute "China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States" (WT/DS414).

WTO launches new trade monitoring database

May 03, http://www.wto.org/english/news_e/news13_e/tpr_03may13_e.htm

The WTO launched on 3 May 2013 a new trade monitoring database, which provides detailed information on trade measures implemented by WTO members and observers since October 2008. The database can be accessed through the WTO website.

WTO: Argentina files dispute against the European Union on biodiesel

May 15, http://www.wto.org/english/news_e/news13_e/ds459rfc_15may13_e.htm

Argentina notified the WTO Secretariat, on 15 May 2013, of a request for consultations with the European Union on measures imposed by the EU and/or its member states that affect the importation and marketing of biodiesel as well as measures supporting the biodiesel industry.

WTO: Cuba files dispute against Australia on tobacco plain packaging

May 03, http://www.wto.org/english/news_e/news13_e/ds458rfc_03may13_e.htm

Cuba notified the WTO Secretariat, on 3 May 2013, of a request for consultations with Australia on the Australian Tobacco Plain Packaging Act of 2011 that regulates the appearance and form of retail packaging used in connection with sales of cigars, cigarettes and other tobacco products.

WTO: Panel established on the US dispute with Indonesia on agriculture imports

Apr 24, http://www.wto.org/english/news_e/news13_e/dsb_24apr13_e.htm

Pursuant to the second request from the United States, the Dispute Settlement Body (DSB) established a panel to examine the dispute "Indonesia - Importation of Horticultural Products, Animals and Animal Products". Australia, China, Canada, EU, Japan, Korea and Chinese Taipei reserved their third-party rights to participate in the panel's proceedings.

WTO: Troika recommends Carvalho de Azevêdo to be the next WTO Director-General

May 08, http://www.wto.org/english/news_e/news13_e/gc_rpt_08may13_e.htm

At an informal meeting of the Heads of Delegation on 8 May 2013, the three facilitators in the process of selecting the next WTO Director-General recommended Ambassador Roberto Carvalho de Azevêdo (Brazil) as the candidate who can gain consensus approval of WTO members. The facilitators suggested that members approve Amb. Azevêdo as Director-General at the General Council meeting on 14 May 2013.

OECD and WTO update joint database on trade in value added

May 17, http://www.wto.org/english/news_e/news13_e/miwi_17may13_e.htm

The OECD and the WTO released on 17 May 2013 the first update of their joint database on trade in value added. This new version deepens the analytical depth of the first release of 16 January 2013 by presenting the indicators for a wider country coverage; monitoring past developments is also made possible by the inclusion of two additional reference years (1995 and 2000).

PCA: CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Limited, and Telcom Devas Mauritius Limited v. Republic of India

May 21, http://www.pca-cpa.org/showpage.asp?pag_id=1511

The PCA acts as registry in this arbitration, which is conducted under the UNCITRAL Arbitration Rules 1976 pursuant to the Agreement between the Government of the Republic of Mauritius and the Government of the Republic of India for the Promotion and Protection of Investments, which entered into force on June 20, 2000.

Arbitration Place appoints counsel with legal technology and eDiscovery experience to meet the growing need for electronic hearings and discoveries

May 13, http://www.arbitrationplace.com/wp-content/uploads/2013/05/Arbitration-Place-Press-Release.pdf

Toronto - Arbitration Place and ASAP Reporting Services are delighted that Crystal O'Donnell, LL.B., LL.M. has joined them as Corporate Counsel and Resident Arbitral Tribunal Secretary.

Crystal has a diverse legal background including as litigation and advisory counsel. She has acted as counsel to the Ministry of the Attorney General, various administrative tribunals and the Conflict of Interest Commissioner.

Crystal has experience in legal technology and electronic discovery principles and best practices, including from her work as a member of the Ontario E-Discovery Implementation Committee and Sedona Canada Working Group. She understands both legal technology and the importance of electronic evidence in the context of arbitrations.

The disclosure and use of electronic evidence in international and domestic arbitrations raises numerous legal and practical issues that should be considered at the outset by counsel and the tribunal. The flexibility available in the arbitral process may result in narrower and more proportionate production. It is important that cross-border and cross-forum jurisdictional issues are addressed appropriately in the procedural rules agreed by the parties or fixed by the arbitral tribunal.

Crystal's experience is a great complement to Arbitration Place and will enhance its "All Encompassing Service". As Resident Arbitral Tribunal Secretary, she will be available to serve as clerk or secretary to arbitral tribunals. With her legal background and strong administrative and organizational skills, Crystal has the ability to organize complex material and evidence in the arbitration. The value of that role is increasingly being recognized by arbitrators and counsel.

With her legal background and knowledge of legal technology and electronic discovery, Crystal will provide another benefit to those using Arbitration Place for arbitration hearings, discoveries and other examinations, and to those engaging Arbitration Place's Resident and Member Arbitrators.

'Decision to expropriate YPF responds to Argentina's sovereignty,' Spanish official says

May 16, http://www.buenosairesherald.com/article/131037/ypf-expropriation-responds-to-govt-sovereignty-spanish-official-says

Spain's Foreign Affairs Minister José Manuel García Margallo said the Spanish government is no longer "discussing" Argentina's "sovereign decision to seek energy sectors' control." "It could seem to me a mistake, but it is the responsibility" of the Argentinean government, García Margallo stated.

Bahamas: Consular representatives given a tour of Freeport

May 14, http://www.tribune242.com/news/2013/may/14/consular-representatives-given-a-tour-of-freeport/, http://www.tribune242.com/news/2013/may/14/consular-representatives-given-a-tour-of-freeport/

"In addition, plans are now on the drawing board to further strengthen our island's position as a leading maritime centre with the proposed construction of a state of the art arbitration center and the final stages of dredging of the harbour," he said.

Belgium: The Chamber of Representatives unanimously approves the new Belgian Arbitration Act.

May 16, http://www.cepani.be/upload/files/newsflash-en.pdf

On 16 May 2013 the Belgian Chamber of Representatives has unanimously approved the draft Act to reform the Sixth Part of the Judicial Code concerning arbitration. The Belgian Senate now disposes of a 15 day period to possibly evoke the draft Act for further review and approval.

Bolivia: South American Silver Files International Arbitration against Bolivian Government

Apr 30, http://www.soamsilver.com/april-30-2013-news-release.asp

30 April, 2013 - Vancouver, British Columbia - South American Silver Corp. (OTCQX: SOHAF, TSX: SAC) announced today that its wholly-owned subsidiary, South American Silver Limited ("South American Silver"), has commenced international arbitration proceedings against the government of Bolivia ("Bolivia" or the "Government") under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) pursuant to the Agreement between the Government of the United Kingdom and the Government of Bolivia for the Promotion and Protection of Investments (the "Treaty").

The arbitration has been commenced as a result of acts and omissions of the Governmentincluding the issuance of Supreme Decree No.1308 on August 1, 2012 (the "Decree"). The Decree revoked mining concessions covering the Malku Khota Mining Project (the "Project") held by Compañia Minera Malku Khota S.A. (CMMK), a wholly-owned subsidiary of South American Silver Limited. These measures resulted in the complete expropriation of the Project without compensation. The arbitration claim is for Bolivia's breach of the Treaty and international law. Bolivia has breached the Treaty's requirement to provide full protection and security to foreign investors and their investments, as well as the Treaty's protections against, among other things, expropriation without just and effective compensation, unfair and inequitable treatment, and less favorable treatment than afforded to Bolivian nationals or nationals of third states.

Since the Decree, the company has made numerous attempts to open a dialogue with the Government with the aim of reaching an amicable resolution of the dispute, including receiving fair-value compensation. In late February 2013, the company was invited to attend a meeting set for 17th April, 2013 in La Paz, Bolivia. Attorneys representing South American Silver attended the April meeting but no resolution was reached and no compensation offered. The Decree stated clearly that the Bolivian state mining company, Corporación Minera de Bolivia (COMIBOL), would hire an independent firm to carry out a valuation of the investments made by CMMK within a period not to exceed one hundred and twenty (120) business days. However,no such valuation has been carried out, nor has an independent firm been hired to undertake the valuation.

Exploration commenced at Malku Khota in 2003 and work on the Project continued through the expropriation in August 2012. After completing a total of 42,700 meters of drilling in 121 diamond core holes, and undertaking metallurgical testwork, process development and engineering design, a Preliminary Economic Assessment (PEA) Update was filed on SEDAR on 13th May, 2011 in a NI 43-101 technical report (News Release NR 11-06 dated 16th May, 2011). The May 2011 PEA Update included economic modeling that indicated pre-tax net present value (NPV) at a 5% discount rate of:

After the 2011 PEA Update, the pre-feasibility study (PFS) phase was started in June 2011. The ongoing work program, which was designed to expand mineral resources and enhance project economics, included the development of social and community programs to benefit indigenous communities, baseline studies for the environmental review and assessment program, exploration, metallurgical testwork, flowsheet development, engineering design and preparations to construct a modern 150 person exploration camp near the exploration site. The planned work programs including the PFS were not completed due to the expropriation.

Phillip Brodie-Hall, President and CEO of South American Silver said, "It is regrettable that we are forced to resort to international arbitration to resolve this matter. Bolivia chose to expropriate our mining concessions; it must now meet its legal obligations and compensate us for this significant loss. International arbitration gives us the means to pursue our case and we are very confident that it will deliver fair value compensation. We have a first-class team working on the case and, while we are open to dialogue with the Government, we are prepared to go the full distance in arbitration if that's what it will take to get fair value compensation. Our loyal shareholders deserve nothing less"

Now that the arbitration has been commenced, the Bolivian Government has thirty days torespond and an arbitration tribunal will be empanelled in the coming months. Thereafter, the tribunal will set a provisional timetable for the arbitration itself including a schedule for submission of a Statement of Claim, Statement of Defense and oral hearings. Unless there is a negotiated settlement of the dispute, it is expected that the arbitration could take up to 2-3 years from commencement of proceedings until rendering of a final award.

Bolivia has been involved in over fifteen "nationalizations", the majority of which have taken place after President Morales came to office. A number of the cases have reached negotiated settlements and at least five others are pending. Bolivia's reserves of cash and gold were estimated at $13.62 billion as of December 31, 2012, up from US$3 billion when Morales came to office in 2006. Bolivia's credit rating was upgraded by all three major rating agencies in 2012, the most recent being Fitch Ratings upgrade from B+ to BB- in October 2012. Bolivia has demonstrated that it has ready access to international funding, having had a $500 million 10-year bond offering significantly oversubscribed in August 2012 at an interest rate of only 4.875%. The IMF recently forecast that Bolivia will be one of the fastest growing economies in South America with an expected GDP growth rate in 2013 of 4.8%.

Mr. Brodie-Hall went on to say "It is not a question of whether Bolivia is capable of meeting its obligation to compensate the company for the expropriation; it clearly has the financial capacity."

[1] At the date of the Supreme Decree, 1st August, 2012, the silver price was $27.87/ounce and indium was $715/kg."

Cambodia calm but nervous on temple case (Preah Vihear)

Apr 28, http://www.bangkokpost.com/news/investigation/347386/cambodia-calm-but-nervous-on-temple-case

Despite a lack of media interest in the country, many there believe the ICJ will settle the dispute once and for all - and in their favour By Post Reporters

Canada: Abitibi expropriation costs balloon again

May 01, http://www.cbc.ca/news/canada/newfoundland-labrador/story/2013/05/01/nl-fortis-abitibi-expropriation-501.html

The cost of Newfoundland and Labrador's expropriation of AbitibiBowater's timber and water rights in central Newfoundland has grown by another $72 million.

Canada: Algoma Central Corporation Announces Favourable Outcome in Shipyard Arbitration

Apr 30, http://www.algonet.com/The-Corporation/News/Release/id/122542/

ST. CATHARINES, ON, April 30, 2013 /CNW/ - Algoma Central Corporation (Algoma) announced today that the London, UK Arbitration Tribunal hearing a shipbuilding contract dispute involving Algoma Tankers International Inc., a wholly owned subsidiary of Algoma Central Corporation, has found in favour of Algoma.

"We are extremely pleased that the Tribunal agreed with the merits of our claim", said Greg Wight, President and CEO of the Corporation. "We will now proceed to make a formal demand for reimbursement of our instalment payments as provided for under the terms of the contracts."

"A lot of effort went into achieving this result," added Duncan Jackman, Chairman of the Board of Directors of Algoma. "I would like to extend my thanks to everyone involved in this for their diligence and hard work."

In 2007 the Corporation, through its wholly owned subsidiary, entered into contracts to build three 16,500 - deadweight ton product tankers in China. Each contract contained provisions that permitted cancellation under certain conditions. These conditions were met in 2010 and Algoma accordingly issued notices of rescission to the shipyard seeking to cancel the contracts, and demanding reimbursement of the instalments that had been advanced. The matter was taken to arbitration by the shipyard and hearings were conducted before the Tribunal in London in September, 2012.

Canada: Law firms' Ottawa tab down a third

May 21, http://www.lawyersweekly.ca/index.php?section=article&volume=33&number=4&article=2

Costs are down partly because of recent settlements or court resolutions of large-scale litigation involving Ottawa. The files include Indian residential school class actions, and the striking out of third-party notices against the federal government in provincial health-care cost recovery actions against the tobacco industry.

The main contributor to the spending decline, however, was a huge Canadian legal victory last summer in what The Economist has dubbed the "biggest trade battle on the planet."

Canada: Minister Fast Marks New Canada-EU Partnership at Europe Day Celebrations

May 09, http://www.international.gc.ca/media_commerce/comm/news-communiques/2013/05/09a.aspx?lang=eng

The Honourable Ed Fast, Minister of International Trade and Minister for the Asia-Pacific Gateway, today celebrated Europe Day by marking Canada's entry into the Enterprise Europe Network (EEN), an initiative that will provide Canadian businesses with a one-stop point of access for information, contacts and resources for business opportunities in the European market. Canadian Manufacturers & Exporters (CME) has been named Canada's lead organization in the EEN.

Canadian lawyer Todd Weiler targets U.S. over Allen Stanford case

May 07, http://business.financialpost.com/2013/05/07/canadian-lawyer-sues-u-s-government-over-allen-stanford-ponzi-scheme/

Investors lost billions in the ponzi scheme orchestrated by Texas tycoon Allen Stanford, and now a Canadian lawyer believes he has an innovative legal strategy to recover funds for victims of the fraud who reside outside the United States.

Canadian Mining Companies Under Fire in Latin America

May 07, http://www.laht.com/article.asp?ArticleId=769624&CategoryId=12394

TORONTO - Canadian mining and oil companies have rapidly expanded their investments in Latin America in recent years, but they also face serious allegations of human rights abuses as well as legal disputes with regional governments over their labor, social and environmental practices.

China: Foreign Ministry Spokesperson Hua Chunying's Remarks on the Philippines' Efforts in Pushing for the Establishment of the Arbitral Tribunal in Relation to the Disputes between China and the Philippines in the South China Sea

Apr 26, http://www.fmprc.gov.cn/eng/xwfw/s2510/2535/t1035577.shtml

Q: At the request of the Philippines, an arbitral tribunal on the South China Sea disputes between China and the Philippines has been composed recently. What is China's comment on this?

A: On 22 January 2013, the Philippines sent China a note verbale, attached with a notification, to initiate arbitration proceedings against China regarding issues of the South China Sea. On 19 February, China stated its rejection of the request for arbitration by the Philippines and returned the latter's note verbale and the attached notification. The position of China, as indicated above, will not change.

Since the 1970s, the Philippines, in violation of the Charter of the United Nations and principles of international law, illegally occupied some islands and reefs of China's Nansha Islands, including Mahuan Dao, Feixin Dao, Zhongye Dao, Nanyao Dao, Beizi Dao, Xiyue Dao, Shuanghuang Shazhou and Siling Jiao. Firmly and consistently opposed to the illegal occupation by the Philippines, China hereby solemnly reiterates its demand that the Philippines withdraw all its nationals and facilities from China's islands and reefs.

The Philippines professed in the notification of 22 January 2013 that it "does not seek...a determination of which Party enjoys sovereignty over the islands claimed by both of them." On 22 January, however, the Philippines publicly stated that the purpose for initiating the arbitration was to bring to "a durable solution" the Philippines-China disputes in the South China Sea. These statements are simply self-contradictory. In addition, by initiating the arbitration on the basis of its illegal occupation of China's islands and reefs, the Philippines has distorted the basic facts underlying the disputes between China and the Philippines. In so doing, the Philippines attempts to deny China's territorial sovereignty and clothes its illegal occupation of China's islands and reefs with a cloak of "legality". The Philippines' attempt to seek a so-called "durable solution" such as this and the means it has employed to that end are absolutely unacceptable to China.

In accordance with international law, and especially the principle of the law of the sea that "land dominates the sea", determined territorial sovereignty is the precondition for, and basis of maritime delimitation. The claims for arbitration as raised by the Philippines are essentially concerned with maritime delimitation between the two countries in parts of the South China Sea, and thus inevitably involve the territorial sovereignty over certain relevant islands and reefs. However, such issues of territorial sovereignty are not the ones concerning the interpretation or application of the UN Convention on the Law of the Sea (UNCLOS). Therefore, given the fact that the Sino-Philippine territorial disputes still remain unresolved, the compulsory dispute settlement procedures as contained in UNCLOS should not apply to the claims for arbitration as raised by the Philippines. Moreover, in 2006, the Chinese Government made a declaration in pursuance of Article 298 of UNCLOS, excluding disputes regarding such matters as those related to maritime delimitation from the compulsory dispute settlement procedures, including arbitration. Therefore, the request for arbitration by the Philippines is manifestly unfounded. China's rejection of the Philippines' request for arbitration, consequently, has a solid basis in international law.

In the interest of maintaining the Sino-Philippine relations and the peace and stability in the South China Sea, China has been persistent in pursuing bilateral negotiations and consultations with the Philippines to resolve relevant disputes. It is a commitment undertaken by all signatories, the Philippines included, under the Declaration on the Conduct of Parties in the South China Sea (DOC) that disputes relating to territorial and maritime rights and interests be resolved through negotiations by sovereign states directly concerned therewith. The DOC should be implemented in a comprehensive and serious manner. China will adhere to the means of bilateral negotiations to resolve territorial and maritime delimitation disputes both in accordance with applicable rules of international law and in compliance with the spirit of the DOC.

Colombia: Pacific Rubiales announces update on Quifa Association Contract arbitration decision

Apr 24, http://finance.yahoo.com/news/pacific-rubiales-announces-quifa-association-000700789.html

The Company has filed a request for annulment of the arbitration panel's decision with the Consejo de Estado (Colombia's supreme court for administrative matters). On April 15, 2013, the Company agreed to distribute the additional PAP production from the Quifa SW field to Ecopetrol in accordance with then terms of the arbitration panel's decision. The Company is in contact with Ecopetrol to co-ordinate and program crude deliveries in accordance therewith. This interim position of the Company is subject to the final determination of the Consejo de Estado on the annulment of the decision.

Congo: Vodacom close to DRC resolution

May 21, http://www.itweb.co.za/index.php?option=com_content&view=article&id=64203:vodacom-close-to-drc-resolution

JSE-listed Vodacom is awaiting the results of arbitration that should finally settle a long-running dispute between it and its business partner in the Democratic Republic of Congo (DRC).

Construction disputes in Middle East drag on

May 21, http://www.thenational.ae/business/industry-insights/property/construction-disputes-in-middle-east-drag-on

According to the building consultant EC Harris, a backlog of disputes from schemes stalled during the downturn and a lack of qualified arbitrators and expert witnesses in the region meant last year that legal disputes took an average of 14.6 months to settle.

This compared with an average of six months in mainland Europe, 11.9 months in the United States, and 12.9 months in the United Kingdom. Only disputes in Asia came close in length to the Middle East at an average 14.3 months.

Corporate bankruptcy does not affect validity of arbitration agreement, says Brazilian court

May 22, http://www.out-law.com/en/articles/2013/may/corporate-bankruptcy-does-not-affect-validity-of-arbitration-agreement-says-brazilian-court/

The Brazilian Superior Court of Justice (STJ), which is the highest court in Brazil to rule on non-constitutional issues, said that as long as the agreement was validly entered into between the two parties, only the arbitral tribunal could set it aside. The bankruptcy of one of those companies did not affect the validity of the agreement, it said....

Cyprus-Greece: Marfin Investment Group launches legal claim against Cyprus

Jan 23, http://www.efinancialnews.com/story/2013-01-23/marfin-investment-group-greece-cyprus-popular-bank-legal-claim

A Greek investment company has launched legal proceedings against the Republic of Cyprus to recover an €824m investment in a Cypriot bank that was nationalised last year.

Czech Republic: Týden: Romanian Electrica wants CZK 500m from CEZ in arbitration

May 12, http://praguemonitor.com/2013/05/13/t%C3%BDden-romanian-electrica-wants-czk-500m-%C4%8Dez-arbitration

CTK - Romanian state-owned energy company Electrica has filed an arbitration complaint against Czech energy concern CEZ last year in October, claiming EUR18.8m (Kc486m), weekly Tyden writes in its latest issue citing CEZ spokeswoman Barbora Pulpanova.

Damietta LNG plant files complaint against Egypt's EGAS

Apr 24, http://thepeninsulaqatar.com/latest-news/234338-damietta-lng-plant-files-complaint-against-egypts-egas.html

MADRID: An Egyptian liquefied natural gas plant, majority-owned by European utilities, has filed a complaint with the International Chamber of Commerce alleging that a state partner has failed to comply with contracts, a source with knowledge of the situation said.

Denmark: Revised Rules of Arbitration Procedure, Danish Institute of Arbitration (DIA) - New Rules 1 May 2013

Apr 16, http://www.voldgiftsinstituttet.dk/en/Menu/News+%232/New+Rules++1+May+2013

The Danish Institute of Arbitration (DIA) is pleased to announce its adoption of revised Rules of Arbitration Procedure. The revised Rules will come into force on 1 May 2013.

The new Rules are in line with the latest international standards.

Among the updates are:

The Rules are available in Danish, English, German, and French. The Rules will be available in Russian and Chinese in the near future. The Rules can be found on www.voldgiftsinstituttet.dk.

Please contact Steffen Pihlblad, Secretary General of DIA at spi@danisharbitration.dk or +45 21636698 for further information about the Rules and/or DIA.

East African Court of Justice (EACJ) Faults Amendment of Treaty but Upholds Dispute Settlement Mechanisms

May 10, http://www.eacj.org/court_faults_treaty_amendment.php

Arusha, 10 May 2013: The East African Court of Justice (First Instance Division) today delivered judgment in a reference where the East African Centre for Trade Policy and Law sought declarations against the Secretary General of the East African Community that:

(a) the proviso to Article 27 and Article 30(3) of the Treaty, which were introduced in 2007 by way of amendment of the Treaty, contravene the Treaty as far as the jurisdiction of the East African Court of Justice to ensure adherence to law in the interpretation and application of and compliance with the Treaty; and

(b) the Dispute Settlement Mechanism provided for under Article 24 of the Customs Union Protocol (which establishes an East African Trade Remedies Committee to handle matters pertaining to rules of origin, anti-dumping, subsidies and countervailing measures and safeguard measures) and Article 54 of the Common Market Protocol (which empowers competent judicial, administrative or legislative authority or any other competent authority to handle disputes arising out of the implementation of the Protocol ) infringe on the jurisdiction of the East African Court of Justice by establishing “parallel adjudicatory bodies” or allowing national courts and other institutions to handle Customs and Common Market disputes.

The Court held that both the proviso to Article 27(1) (which recognises interpretation of the Treaty that may be conferred on organs of Partner States) and Article 30(3) (which provides that the Court shall have no jurisdiction where an act, regulation, directive, decision or action of Partner States or an institution of the Community is complained of where such act etc is reserved under the Treaty to an institution of a Partner State) infringe the provisions of the Treaty conferring jurisdiction to interpret the Treaty to the East African Court of Justice. The Court added that the two amendments were not subjected to prior wide consultations and impinge on its supremacy as the Community’s judicial organ.

Regarding the second matter the Court, appreciating the Respondent’s defence and submissions, decided that since Protocols are under the Treaty, integral parts of the Treaty it has jurisdiction to interpret the Customs Union Protocol and the Common Market Protocol especially in cases where the dispute resolution mechanisms is not satisfactory to any disputants.

The Court observed that the dispute settlement mechanisms are a common feature of regional integration and multi-lateral trading arrangements. The Court therefore ruled the dispute settlement mechanisms provided for in Article 24(1) of the Customs Union Protocol and Article 54 of the Common Market Protocol do not exclude, oust or infringe upon the Court’s interpretative jurisdiction and are not in contravention of or in contradiction of the Treaty.

The Court ordered that given the fact that the subject matter of litigation was of public interest and taking into account the decision it made each party bears its costs.

The Applicant was represented by Dr Francis B. Gimara and Mr Selemani Kinyunyu while the Respondent was represented by Hon. Wilbert Kaahwa, the Counsel to the Community.

Ecuador crea una comisión para la Auditoria Integral Ciudadana de los Tratados de Protección Recíproca y Arbitraje Internacional

May 09, http://todosobrearbitraje.wordpress.com/2013/05/09/ecuador-crea-una-comision-para-la-auditoria-integral-ciudadana-de-los-tratados-de-proteccion-reciproca-y-arbitraje-internacional/

El gobierno de Ecuador anunció ayer la creación de una comisión para la Auditoria Integral Ciudadana de los Tratados de Protección Recíproca de Inversiones y del Sistema de Arbitraje Internacional en Materia de Inversiones (Caitisa) frente a demandas interpuestas por transnacionales en contra del país sudamericano. La Constitución en su artículo 339 determina que la inversión extranjera directa estará sujeta a un estricto respeto del marco jurídico y de las regulaciones nacionales, a la aplicación de los derechos y se orientará según las necesidades y prioridades definidas en el Plan Nacional de Desarrollo.

...

Ecuador: Procurador comparece a audiencia de caso OXY por suspensión de laudo

May 14, http://www.pge.gob.ec/es/rotativo/1961-procurador-comparece-a-audiencia-de-caso-oxy-por-suspension-de-laudo.html

POR SUSPENSIÓN EN LA EJECUCIÓN DE LAUDO DE OXY

PROCURADOR COMPARECE A AUDIENCIA ANTE COMITÉ DE ANULACIÓN DEL CIADI PARA DEFENDER LA POSICIÓN DEL ESTADO ECUATORIANO

El día de hoy, dentro del proceso de anulación del laudo final dictado en el caso OXY, se llevó a cabo, en la ciudad de París, una audiencia convocada por el Comité de Anulación para recibir las alegaciones orales de Ecuador y de la transnacional petrolera en relación con el pedido de levantamiento de la suspensión de la ejecución del laudo, efectuado por esta última el pasado 13 de febrero de 2013.

El equipo de defensa jurídica del Estado, encabezado por el Procurador, doctor Diego García Carrión, compareció a esta diligencia y expuso la posición ecuatoriana sobre la necesidad de que se mantenga suspendida la ejecución del laudo hasta que el Comité resuelva sobre su anulación, debido a sus graves falencias así como a las irreparables consecuencias que tendría su ejecución para la economía y el pueblo ecuatorianos.

Luego de dos rondas de escritos enviados por las partes –Estado ecuatoriano y Occidental Petroleum Corporation–, y de la audiencia, fijada para hoy 13 de mayo, el Comité de Anulación deberá pronunciarse sobre el tema. Hasta tanto, la ejecución del laudo continúa suspendida.

Algunos antecedentes

El 5 de octubre de 2012, el Estado ecuatoriano fue notificado con el laudo final del caso OXY, que lo condenó al pago de 1.769 millones de dólares más intereses, debido a una supuesta violación del Tratado Bilateral de Inversiones (TBI) entre nuestro país y los Estados Unidos, a partir de la declaratoria de caducidad del Contrato de Participación para la Exploración y Explotación del Bloque 15. La solicitud de anulación del laudo fue presentada por Ecuador el 9 de octubre de 2012 y registrada el 11 del mismo mes y año por la Secretaria General del CIADI.

Ecuador fundamenta su solicitud de anulación en que “el Tribunal se excedió de manera manifiesta en el ejercicio de sus competencias, sus decisiones fueron tomadas sin motivación o con motivación insuficiente o contradictoria y se violaron reglas fundamentales del procedimiento, causales que, de acuerdo al propio Convenio CIADI, sustentan un pedido de nulidad de un laudo”, según explicó el Procurador García, al momento de presentar dicha solicitud.

En aplicación de la Regla de Arbitraje 54(2) del Convenio CIADI, la presentación de dicha solicitud de anulación causó la suspensión de la ejecución del laudo, lo cual motivó a Occidental a solicitar a dicho Comité, el 13 de febrero de 2013, que se levantara la suspensión.

El Salvador: Pacific Rim Announces Provides an Update on Arbitration Proceedings

May 06, http://www.pacrim-mining.com/s/News.asp?ReportID=583416

Arbitration Update: The Arbitration case of Pac Rim Cayman, LLC ("PacRim"), a subsidiary of the Company, against the Government of El Salvador ("GOES") is proceeding through the final, merits-based phase following the submission on March 29, 2013 of PacRim's Memorial (or statement of claim) as announced in NR #13-02. A copy of the Memorial, which includes an arms-length valuation estimate of the Company's Salvadoran mineral assets of over $300 million (see Valuation Details below) is available on the Company's website www.pacrim-mining.com. The Tribunal hearing this case at the International Center for the Settlement of Investment Disputes ("ICSID") headquarters at the World Bank in Washington, DC has now finalized the schedule for the remainder of the final phase, with the next step being the submission of a Counter-Memorial by the GOES by January 10, 2014. As frequently noted, Pacific Rim continues to press the GOES for a resolution to this dispute outside of the legal proceedings.

España es el segundo país que celebra más arbitrajes en la Corte Internacional

Apr 18, http://www.diariojuridico.com/actualidad/juan-antonio-cremades-el-arbitraje-internacional-supone-un-creciente-volumen-de-negocio.html

El Presidente de honor de la Unión Internacional de Abogados, Juan Antonio Cremades, confirmó, en una conferencia celebrada ayer en la sede del Colegio de Abogados de Valencia (ICAV), que España fue el segundo país usuario de la Corte Internacional de Arbitraje de París. Con el 11% de los casos, según las estadísticas de 2011, nuestra posición sólo fue superada por Estados Unidos, con 11 partes más.

EU wants to exclude utilities from U.S. trade talks

May 21, http://www.reuters.com/article/2013/05/21/eu-us-trade-idUSL6N0E20QA20130521

Reuters

EU-Canada: Divide over beef last bridge to cross on road to EU trade pact

May 10, http://www.theglobeandmail.com/news/politics/canada-eu-trade-deal-nears-agriculture-is-final-sticking-point/article11818925/

The European Union’s ambassador to Canada said special access for agriculture goods is the last obstacle to a trade deal between Brussels and Ottawa, and drew a line in the sand over how much market access the EU could offer Canadian beef producers.

Ambassador Matthias Brinkmann engaged in public negotiation Thursday in comments to reporters in Ottawa, saying the EU could admit upward of 40,000 tonnes of Canadian beef per year but couldn’t go much further without upsetting countries such as Ireland and France.

Firm advantage to setting up in Singapore - Stephen Moss

May 21, http://www.lawyersweekly.com.au/opinion/firm-advantage-to-setting-up-in-singapore

Australian firms need to position themselves to take advantage of the fast-growing, well-located and increasingly open Singapore legal market, writes Stephen Moss.

France-Brazil: Casino seeks fresh arbitration over Diniz

May 02, http://www.just-food.com/news/casino-seeks-arbitration-over-dinizs-brasil-foods-role_id123063.aspx

The ongoing spat between French retailer Casino and Brazilian tycoon Abilio Diniz has taken a twist with the company seeking arbitration over the businessman's role at food giant Brasil Foods.

French stationery major BIC Group set to complete disputed stake buy in Cello

May 06, http://www.vccircle.com/news/consumer/2013/05/06/french-stationery-major-bic-group-set-complete-disputed-stake-buy-cello

BIC, which also has a call option to increase holding in various entities of Cello, was pulled into arbitration, as Cello sought to scrap the deal.

Ghana: Asante Gold Corporation arbitration update

May 07, http://www.asantegold.com/s/news.asp?ReportID=583266

Goknet has also informed the Company that its arbitration with PMI Gold Corporation, with respect to PMI's consent to the assignment of a 1% NSR royalty interest on the Obotan Gold Mine project in Ghana held by Goknet to the Company, is progressing with the full panel of arbitrators now selected. The Goknet/PMI agreement calls for a decision of the majority of the arbitrators to be made within 30 days. Further updates will be issued when and as received.

Greek Cyprus hits North with $1.3 billion bill

Apr 24, http://www.turkishweekly.net/news/149430/greek-cyprus-hits-north-with-1-3-billion-bill.html

Greek Cyprus says that Turkish Cyprus should pay more than $1.3 billion electricity debt which is claimed unpaid for decades since the separation of the island into Turkish and Greek sides.

HK company looks to overturn arbitration ruling

May 03, http://www.fairplay.co.uk/login.aspx?logout=true&reason=logged_out&script_name=secure/display.aspx&articlename=dn0020130503000003

HONG KONG-listed China Ocean Shipbuilding Industry said today it will seek to reverse an arbitration ruling ordering a $39M refund by its subsidiary to a shipowner in a shipbuilding contract dispute.

Hong Kong: New Dispute Resolution Service of ADNDRC for ICANN New gTLDs

May 15, http://www.klrca.org.my/userfiles/File/Announcement%20-%20ICANN%20URS.pdf

Asian Domain Name Dispute Resolution Centre (ADNDRC) is pleased to announce that it has been appointed by the Internet Corporation for Assigned Names and Numbers (ICANN) appointment as a Uniform Rapid Suspension System (URS) provider for new Generic Top Level Domains (gTLDs).

Hong Kong: Titan Petrochemicals strikes out Warburg Pincus' Winding-Up Petition

May 13, http://www.irasia.com/listco/hk/titan/press/p130513.htm

Titan Petrochemicals Group Limited (HKSE stock code: 1192, "Titan" or "the Company", together with its subsidiaries the "Group") has won a lawsuit in the Bermuda Court striking out a winding-up petition filed by Saturn Petrochemical Holdings Limited ("SPHL"), a company under the private equity firm Warburg Pincus. The Court handed down a ruling on 10 May 2013 (Bermuda time), stating that it would exercise discretion in striking out the petition on the grounds that SPHL is not a creditor nor contributory of the Company and therefore has no interest in the winding-up of the Company.

In addition, KTL Camden Inc. ("KTL"), which claims that Titan failed to pay certain vessel-chartering charges amounting to approximately USD6.85 million, filed a substitution petition against the Company. The Bermuda Court further ordered the strike out of the petition filed by SPHL to be adjourned to a future date to facilitate the hearing of the KTL substitution petition that has been fixed for a date in the week commencing 22 July 2013. The Company is undergoing an investigation against KTL's claim and anticipates filing evidence in opposition to the claim prior to the hearing.

Titan CEO Tang Chao Zhang said, "The Bermuda Court's exercising of its discretionary power to strike out the winding-up petition marks a stride in our bid to resume share trading. The Company is in active negotiations with major creditors with a view to reaching settlements in furtherance of the proposed debt-restructuring plans. Our aim is to resume trading of shares as soon as possible. Meanwhile, the Group has been strengthening its capital base and increasing its working capital through a range of financing channels. These will pave the way for future business development."

Trading of shares of Titan Petrochemicals has been suspended for over a year as a result of financial difficulties. SPHL filed winding-up petitions, in August 2012 and January 2013 respectively; during this period Guangdong Zhenrong Energy Co. Ltd. ("Guangdong Zhenrong") invested in the Company as a white knight and became the largest shareholder. Guangdong Zhenrong has subsequently entered into sales and purchase agreements with Warburg Pincus to acquire the preferred shares of Titan and the storage assets. Though the transactions have yet to be completed and are to be heard at the Hong Kong International Arbitration Centre, Warburg Pincus and SPHL are no longer creditors of the Company according to the contract terms. As such, both parties do not have proper grounds to file a winding-up petition. Titan is pleased to have won the battle in striking out SPHL's winding- up petition, but the dispute between its major shareholder Guangdong Zhenrong and Warburg Pincus over the preferred shares and storage assets is yet to be resolved by the Hong Kong International Arbitration Centre.

Increased expat ownership of UAE companies remains open to debate, says Minister of Economy

May 21, http://www.thenational.ae/business/industry-insights/economics/increased-expat-ownership-of-uae-companies-remains-open-to-debate-says-minister-of-economy

But decisions about raising foreign ownership limits, a much-anticipated clause that was stripped out of the original companies law, remained "open", he said.

India: Antrix-Devas arbitration over spectrum deal to be held in London: Supreme Court

May 10, http://articles.economictimes.indiatimes.com/2013-05-10/news/39169029_1_arbitration-agreement-devas-multimedia-arbitration-proceedings

NEW DELHI: The Supreme Court today held that arbitration proceedings of dispute between Antrix Corporation, the commercial arm of ISRO, and Devas Multimedia regarding scrapping of controversial 1,000 crore deal for scarce S-band spectrum can take place at International Court of Arbitration(ICA) in London.

India: Bombay HC quashes arbitration award in Tulip Hotel case

May 14, http://economictimes.indiatimes.com/news/news-by-industry/services/hotels-/-restaurants/bombay-hc-quashes-arbitration-award-in-tulip-hotel-case/articleshow/20034604.cms

"In my view, the award of the learned arbitrator is not based only on the interpretation of the terms of contract and/or provisions of Contract Act, but dehors the terms of contract and is contrary to Section 39 and 56 of the Contract Act," Justice Dhanuka said. "Arbitrator has to decide in accordance with the provisions of contract entered into between the parties and in accordance with substantive law," the judge further noted.

India: Devas investors take Antrix to arbitration court in The Hague

May 16, http://www.thehindu.com/news/international/world/arbitration-proceedings-in-antrixdevas-deal-gets-underway-in-the-hague/article4718339.ece

Days after Antrix Corporation - the Indian Space Research Organisation's (ISRO) commercial arm - lost an international arbitration case against its former partner Devas Multimedia Ltd in the Supreme Court, Devas investors took Antrix to the Permanent Court of Arbitration in The Hague. The Court has set up a panel to hear the multi-million dollar claim slapped by Devas Multimedia and its U.S. associates (who invested in the deal through foreign direct investment routed via Mauritius) against the Government of India following the cancellation of the deal for the launch of two satellites and the allocation of S-band spectrum to Devas.

Indonesia: Churchill files its Supplemental Memorial concerning its claim for damages in the International Arbitration against the Republic of Indonesia

http://www.churchillmining.com/library/file/aim-releases/5307056_1_CHL_%20RNS%20Company%20Update%2010%20May%202013%20(Final%20QE%20reviewed).pdf

The Directors of Churchill Mining PLC (AIM: CHL) wish to advise that, further to the Memorial filed by them on 13 March 2013, the Company and its 100% owned Australian subsidiary, Planet Mining Pty Ltd "Planet" (which, via its 5% shareholding in PT Indonesia Coal Development, also holds an interest in the East Kutai Coal Project), have now filed with the Arbitration Tribunal at the International Centre for Settlement of Investment Disputes ("ICSID") their Supplemental Memorial and supporting expert evidence concerning their claim for damages in their international arbitration against the Republic of Indonesia ("ROI").

Planet had previously filed its own Request for Arbitration against the ROI before ICSID pursuant to the Australia-Indonesia Bilateral Investment Treaty. It has been agreed that the Planet claim and Churchill claim will be adjudicated in one consolidated ICSID proceeding.

Churchill and Planet have engaged and are represented in the ICSID arbitration by the highly regarded international law firm Quinn Emanuel Urquhart & Sullivan.

Key elements within the Memorials include:-

Next Steps

The next steps in the arbitration are that the ROI has filed a challenge that the Arbitration Tribunal does not have the jurisdiction to hear Churchill/Planet's claim for compensation. The ROI filed its Memorial on Objections to Jurisdiction on 8 April 2013 and Churchill/Planet filed their Reply to the ROI's Objections to Jurisdiction on 30 April 2013. A hearing on jurisdiction is scheduled to be held in Singapore on the 13th / 14th May 2013.

Indonesia: Churchill's shares soar after update on East Kutai arbitration

May 10, http://www.stockmarketwire.com/article/4592649/Mining-Sector-Churchills-shares-soar-after-update-on-East-Kutai-arbitration.html

Churchill Mining shares jumped after it and its Australian subsidiary, Planet Mining, filed supplemental memorial concerning their claim for damages against the Republic of Indonesia over the East Kutai coal project.

Ireland: Mediation is best way to deal with company law disputes - judge

May 08, http://www.independent.ie/business/irish/mediation-is-best-way-to-deal-with-company-law-disputes-judge-29248419.html

High Court judge Ms Justice Mary Laffoy said that company law disputes, often between longstanding friends and siblings, as well as husbands and wives, are highly expensive and time consuming, with many lasting for years. "Mediation has application across the board, and I think most judges would welcome a mediation act" said Judge Laffoy.

Italy-Algeria: Edison - Concluded the Arbitration With Sonatrach for the Review of the Price of the Algerian Long Term Gas Contract

Apr 30, http://www.edison.it/en/media/press-releases/2013-04-30-edison-concluded-the-arbitration-with-sonatrach-for-the-review-of-the-price-of-the-algerian-long-term-gas-contract.shtml

Estimated positive impact on 2013 EBITDA of 300 million euros

Milan, April 30, 2013 – On April 23 the Court of Arbitration of the ICC – International Chamber of Commerce - has decided the award related to the dispute between Edison and Sonatrach for the revision of the price of the long term gas contract from Algeria.

The Court has evaluated the price review requested by Edison formally and substantially valid. The price reduction decided by the Court will have an overall estimated impact of about 300 million euros on 2013 EBITDA, which is in line with previous estimates.

The arbitration with Sonatrach started in August 2011 within the renegotiation process of Edison’s long term procurement gas contracts.

Public disclosure required by Consob Resolution No. 11971 of May 14, 1999, as amended.

Kumtor Trade Union Letter to Government of the Kyrgyzstan

May 07, http://www.kumtor.kg/en/obrashhenie-profsojuza-kumtora-pravitelstvu-kyrgyzstana-s-prosboj-ne-dopustit-denonsacii-soglashenija/

Chair, Trade Union Committee

Kuwait MPs file to grill minister over Dow penalty

May 15, http://www.dailystar.com.lb/Business/Middle-East/2013/May-14/216994-kuwait-mps-file-to-grill-minister-over-dow-penalty.ashx

KUWAIT: Three Kuwaiti lawmakers Monday requested to question Oil Minister Hani Hussein over the payment of a $2.2 billion penalty to Dow Chemical after the emirate pulled out of a deal with the U.S. firm.

Kuwait: Dow Confirms Receipt of $2.2 Billion in Cash Proceeds from Petrochemical Industries Company of Kuwait News - Payment Brings Final Resolution in K-Dow Arbitration

May 07, http://www.dow.com/news/press-releases/article/?id=6225

The Dow Chemical Company (NYSE: DOW) is pleased to announce that it has completed final resolution of the K-Dow arbitration with Petrochemical Industries Company of Kuwait (PIC), and confirms today that Dow has received a direct cash payment of $2.2 billion from PIC. Payment reflects the full damages awarded by the International Chamber of Commerce, as well as recovery of Dow's costs.

"Dow and Kuwait share a long history, and payment of this award brings final and appropriate resolution and closure to the issue," said Andrew N. Liveris, Dow's chairman and chief executive officer. "Our partnership with Kuwait includes several industry-leading joint ventures, which are valuable assets in Dow's portfolio and have consistently returned accretive equity earnings to Dow. We continue to look for ways to strengthen our relationships within the country for the benefit of our partners and Dow shareholders."

"Receipt of this award enables Dow to accelerate actions that are in line with our stated priorities for uses of cash - foremost of which is paying down debt and remunerating shareholders," Liveris added. "Our actions moving forward will be consistent with this approach."

Kuwait: Petrochemical Industries Company (PIC) officials suspended (Dow Chemical Co)

May 17, http://www.arabtimesonline.com/NewsDetails/tabid/96/smid/414/ArticleID/196281/reftab/36/t/PIC-officials-suspended/Default.aspx

KUNA - The Kuwaiti Cabinet convened an emergency meeting at Al-Saif Palace on Thursday to discuss the consequences of the cancellation in 2012 of the $17.4 billion KDow Petrochemicals deal, a joint venture between the Petrochemical Industries Company (PIC) - a subsidiary of Kuwait Petroleum Corporation (KPC) - and the Dow Chemical Co.

Kyrgyz: Stans Energy Subsidiary Named As Co-Defendant In Kyrgyz Court Action

Apr 02, http://www.stansenergy.com/?p=2085

Robert Mackay, President and CEO of Stans Energy Corp, ("Stans Energy" or the "Company"), reports that the Kyrgyz State Prosecutor's Office has initiated legal proceedings against the Kyrgyz State Geological and Mineral Resources Agency (SGA) in the Inter-District Court of the City of Bishkek.

Malasia: Astro shares rise despite RM62bil claim

Apr 27, http://biz.thestar.com.my/news/story.asp?file=/2013/4/27/business/13032763&sec=business

PETALING JAYA: Astro Malaysia Holdings Bhd's shares closed the day up eight sen to RM2.95 on a volume of 14.4 million shares despite being served a statement of claim for US$20bil (RM62bil) by PT Direct Vision (PTDV) of Indonesia.

Malawi: Secucom drags Malawi to international court over $100m or breach of the national identity card contract

May 13, http://www.malawidemocrat.com/secucom-drags-malawi-to-international-court-over-100m-or-breach-of-the-national-identity-card-contract/

LILONGWE (Mabvuto Banda, Nation) -The Commercial Court in Malawi's capital Lilongwe has walked out of the mediation between the Government of Malawi and Secucom Holdings Limited over the latter's K40 billion claims for breach of contract.

...

Justice Manda's ruling gives Secucom the option to take the matter to the International Court of Arbitration either in London or South Africa as per the contract agreement.

Malaysia: KESM unit receives demand for arbitration

May 10, http://biz.thestar.com.my/news/story.asp?file=/2013/5/10/business/13093066&sec=business

KUALA LUMPUR: KESM Industries Bhd’s wholly-owned subsidiary, KESP Sdn Bhd, has received a demand for arbitration from the International Centre for Dispute Resolution, a division of the American Arbitration Association.

Malaysia: Material Litigation Arbitral Proceedings By S & W Offshore Base Sdn. Bhd. ("Swob") Against Johor Port Berhad ("Jpb"), a Wholly-Owned Subsidiary of Mmc Corporation Berhad ("MMC"), at the Singapore International Arbitration Centre ("SIAC")

May 14, http://www.mmc.com.my/content.asp?menuid=100043&rootid=100003&announcementid=557

Further to our announcement made on 12 September 2012, MMC wishes to announce that on 13 May 2013, its wholly-owned subsidiary, JPB, received notification from SIAC, informing that the Arbitral Tribunal of SIAC has delivered a Final Award By Consent dated 9 May 2013 ("Final Award"), in respect of the arbitral proceedings between SWOB and JPB.

The Final Award orders as follows:

The Final Award has no material impact on the earnings and the net assets of the MMC Group for the financial year ending 31 December 2013.

None of the directors or substantial shareholders of MMC or persons connected with them has any interest, direct or indirect, in the aforesaid Final Award.

This announcement is dated 14 May 2013.

Mediation Center of Beijing Arbitration Commission Co-hosted the First Beijing Mediation Forum of 2013

May 09, http://www.bjac.org.cn/en/news/view.asp?id=2217

On April 27, 2013, with strong support of the judicial reform office of the Supreme People's Court, the office for Central social administration and comprehensive management and other departments, the "First Beijing Mediation Forum of 2013" jointly held by several organizations for dispute resolution and research including the Mediation Center of Beijing Arbitration Commission (hereinafter referred to as BAC) was successfully held in Beijing, with almost 150 persons from the field of law and business, trade organizations and all kinds of mediation organizations presented at the forum, having a discussion around the topic of "promoting mediation concept, exchanging mediation experience, sharing mediation skills and building mediation teams".

Mongolia Introducing New Investment Law to Attract Investors - Deputy Minister

May 21, http://www.4-traders.com/TURQUOISE-HILL-RESOURCES-1410505/news/Mongolia-Introducing-New-Investment-Law-to-Attract-Investors-Deputy-Minister-16739881/

The Mongolian government plans to submit a new investment law for parliamentary approval by this summer that aims to give foreign investors more assurance about the rules governing their investments, Mongolia's deputy minister of economic development said Wednesday.

Mongolia-Japan: Delegates discuss trade and investment

May 14, http://ubpost.mongolnews.mn/?p=4187

State Secretary of the Ministry of Mining, R.Jigjid, stated, “Japanese delegates agreed that the Mongolian investment law and legal environment are unstable, and the foreign investment regulatory law interferes with investment in Mongolia from Japan.

Mongolia: SouthGobi Resources: investement dispute update

http://www.southgobi.com/i/pdf/news/SouthGobi-Q1-Results-Press-Release-Eng.pdf

On July 11, 2012, SouthGobi announced that SGQ Coal Investment Pte. Ltd., a wholly-owned subsidiary of SouthGobi Resources Ltd. that owns 100% of the Company’s Mongolian operating subsidiary SouthGobi Sands LLC, filed a Notice of Investment Dispute on the Government of Mongolia pursuant to the Bilateral Investment Treaty between Singapore and Mongolia. The Company filed the Notice of Investment Dispute following a determination by management that they had exhausted all other possible means to resolve an ongoing investment dispute between SouthGobi Sands LLC and the Mongolian authorities.

The Notice of Investment Dispute consists of, but is not limited to, the failure by MRAM to execute the PMAs associated with certain exploration licenses of the Company pursuant to which valid PMA applications had been lodged in 2011. The areas covered by the valid PMA applications include the Zag Suuj Deposit and certain areas associated with the Soumber Deposit outside the existing mining license.

The Notice of Investment Dispute triggers the dispute resolution process under the Bilateral Investment Treaty whereby the Government of Mongolia has a six-month cure period from the date of receipt of the notice to satisfactorily resolve the dispute through negotiations. If the negotiations are not successful, the Company will be entitled to commence conciliation/ arbitration proceedings under the auspices of the International Centre for Settlement of Investment Disputes (“ICSID”) pursuant to the Bilateral Investment Treaty. However, in the event that the Government of Mongolia fails to negotiate, ICSID arbitration proceedings may be accelerated before the six months have expired. The Company continues to have the right to commence conciliation/arbitration proceedings under the auspices of the ICSID pursuant to the Bilateral Investment Treaty. On January 18, 2013, MRAM issued the Company a PMA pertaining to the Soumber Deposit; however, four valid PMA applications remain outstanding. Activities historically carried out on the exploration licenses with valid PMA applications include drilling, trenching and geological reconnaissance. The Company has no immovable assets located on these licenses and the loss of any or all of these licenses would not materially and adversely affect the existing operations.

Myanmar: New State party to the New York Convention

May 07, http://www.newyorkconvention1958.org/index.php?lvl=cmspage&pageid=7&id_news=15

Myanmar has become the 149th State party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, or the New York Convention.

NEW CAS Arbitration ­ Joint Post-Graduate Program of the Universities of Lucerne and Neuchâtel in cooperation with the Swiss Arbitration Academy

Mar 26, http://cas-arbitration.ch/documents/130326_press_release_NEW_CAS_Arbitration.pdf

The Universities of Lucerne and Neuchâtel as well as the Swiss Arbi- tration Academy are jointly offering a post-graduate program in arbi- tration. Starting for the first time in October 2013, the CAS Arbitration program is a unique combination of an academic education and prac- tical hands-on training with renowned international practitioners.

In today's global economic environment, international arbitration is establish- ing itself as the preferred means to resolve disputes between parties from dif- ferent jurisdictions. Arbitration practitioners face the challenge of dealing with diverging legal systems and business practices, cultural differences, language barriers, and the demand of fast-paced decision making. Consequently, interna- tional arbitration should be taught pragmatically and based on internationally accepted best practices. In addition, future arbitration practitioners should learn from prominent and widely recognized practitioners with whom they are able to personally interact.

The CAS Arbitration is an intense four-week program on international arbitration offered over the course of nine months. It is the first program which combines an in-depth academic program with the practical insight provided by a large number of international practitioners who lecture during the program. This sophisticated program demands from the participant in-depth preparation for each session, and active participation during the course which includes pleading training on the basis of mock cases, role plays of arbitration-related scenarios, drafting ses- sions to learn how to draft written submissions, and interactive discussions on cutting-edge arbitration topics. The three organizing institutions believe in the Socratic Method and thus, the number of participants is limited.

The training is designed for lawyers, in-house counsel, and other professionals interested in international dispute resolution.

Successful participants will be awarded the SAA diploma as Arbitration Practi- tioner (ArbP). In addition, a participant may obtain an internationally accredited «Certificate of Advanced Studies (CAS) in Arbitration ­ Joint Degree of the Uni- versities of Lucerne and Neuchâtel» if a short research paper is submitted. CONTACT

To learn more about the CAS Arbitration, please see www.swiss-arbitration-academy.ch

Nigeria and Canada Sign Investment Promotion Pact in Ottawa

May 01, http://www.pm.gc.ca/eng/media.asp?category=1&pageId=26&id=5457

Prime Minister Stephen Harper and Mohammed Namadi Sambo, Vice President of the Federal Republic of Nigeria, today announced the conclusion of negotiations toward a Canada-Nigeria Foreign Investment Promotion and Protection Agreement (FIPA). The announcement was made following a bilateral meeting that was part of Mr. Sambo's visit to Canada from April 30 to May 4, 2013.

Nigeria: Arbitrators fault govt's move to interfere in business

May 19, http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=122189:arbitrators-fault-govts-move-to-interfere-in-business&catid=31:business&Itemid=562

THE move by government to regulate arbitration business in the country may have irked arbitrators and their stakeholders.

The group, after an emergency meeting over the proposed bill for National Alternative Dispute Resolution Regulatory Commission, said that the move was not only unconstitutional, but invasion of private citizens autonomous rights and economically cost implicating, given the nation's current level of recurrent expenditure.

The stakeholders included the Negotiation and Conflict Management Group, Maritime Arbitrators Association of Nigeria, Lagos Court of Arbitration, Lagos Multiple Door Court, The Chartered Institute of Arbitrators of Nigeria, International Chamber of Commerce and Business Law Section of the Nigeria Bar Association.

Op-ed: International Arbitration Does Over Rule National Law, Yes. That's The Point - Forbes

May 12, http://www.forbes.com/sites/timworstall/2013/05/12/international-arbitration-does-over-rule-national-law-yes-thats-the-point/?ss=strategies-solutions

Tim Worstall - There's massive environmental pollution around the Peruvian town of La Oroya. Someone, somewhere, is to blame for this and they should be held to account. These are, to my mind at least, simple facts about the world we inhabit. After that, everything seems to get a little more confusing. For how are we to decide who to hold to account? That's normally the province of the court system. Which is a good way of doing it as we've spent several centuries finding out.

However, there's a problem with using the court system of a country when it is the government of that country which is one of the potential people being held to account. Which is why we have international arbitration:

Opinio Juris: The First Serious Defense China’s Position on the Philippines UNCLOS Arbitration

May 21, http://opiniojuris.org/2013/05/21/the-first-serious-defense-chinas-position-on-the-philippines-unclos-arbitration/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+opiniojurisfeed+%28Opinio+Juris%29

Professor Stefan Talmon of the University of Bonn and St. Anne’s College in Oxford offers one of the first serious attempts to defend China’s position on the UNCLOS arbitration brought by the Philippines. In an essay published by the Global Times, China’s hawkish state-owned daily paper, Professor Talmon argues that all of the Philippines’ claims against China fall outside of the jurisdiction of the UNCLOS arbitral tribunal.

Oxus Gold PLC: successfully put in place both a litigation funding agreement and an equity funding agreement ...

May 16, http://online.hemscottir.com/servlet/HsPublic?context=ir.access&ir_option=RNS_NEWS&item=1508983072359434&ir_client_id=4252

Oxus Gold Plc ("Oxus", the "Company" or the "Group")

CHAIRMAN'S STATEMENT

Most of last year was spent by directors and management in progressing the arbitration claim for the misappropriation by the Uzbek Government of both the Company's Khandiza and Amantaytau Goldfields mining assets in Uzbekistan, which resulted in a substantial destruction of shareholder value of your company.

In order to ensure that your company remains adequately funded to pursue its claims through international arbitration, it successfully put in place both a litigation funding agreement, which ensures that the legal costs of the claim will be funded through to its conclusion, and an equity funding agreement to ensure that your company's ongoing operational costs, which have as in the previous year been again reduced wherever possible, will remain funded during this most difficult period in the life of your company. Details of both these funding arrangements have been fully disclosed in various RNSs issued during the past twelve months.

It gives me great confidence that two professional companies well versed in litigation funding and value creation have, after reviewing Oxus' claims, taken the decision to provide the Company with the financial support necessary to progress these claims to what I confidently believe will be a successful conclusion for all stakeholders.

With respect to the abuses suffered by certain of our former employees, I wish I was able to provide more positive news.

Mr Said Ashurov, AGF's former Chief Metallurgist, remains in prison in Uzbekistan on what the company considers to be an unjust and improper conviction for seeking to remove classified information from the country, despite high-level approaches made to the Uzbek authorities through diplomatic and other formal lines of communication. We continue to remain hopeful that Uzbekistan will on humanitarian grounds release Mr Said Ashurov, who I understand is critically ill, into the care of his family.

A number of other former employees have also had arrest warrants issued against them on what we consider are fabricated charges. It is regrettable that the arrest and / or imprisonment of employees is a standard tactic adopted by the Uzbek Government in its various disputes with foreign investors in the expectation that the investor will capitulate and not progress its claim for compensation.

Despite these pressures, your company remains willing to consider offers from the Uzbek Government to settle our claims on a fair and equitable basis taking into account the independent valuations of the assets misappropriated. If no such offer is received, your company will continue with its claims which are currently scheduled to be heard before the arbitral tribunal in early 2014.

In conclusion I would like to thank my fellow director, management, staff and professional advisors for all their hard work and support during the past twelve months, which will hopefully lead to the enhancement of shareholder value in the forseeable future.

Pakistan's High Commissioner urges enhanced bilateral trade between Pakistan and Sri Lanka

Apr 27, http://www.asiantribune.com/node/62383

High Commissioner Qasim Qureshi highlighted that Pakistan offers extremely attractive opportunities to the Sri Lankan traders and consumers to benefit from abundant raw materials, available at competitive prices and low freight costs.

Pakistan: High Commissioner urges enhanced bilateral trade between Pakistan and Sri Lanka

Apr 26, http://www.brecorder.com/elections-2013/economic-focus/116956-pak-hc-urges-enhanced-bilateral-trade-between-pakistan-and-sri-lanka.html

COLOMBO: The High Commissioner of Pakistan in Sri Lanka Maj Gen Qasim Qureshi visited Galle District of the Southern Province of Sri Lanka and participated in a meeting with the officials of the Galle District Chamber of Commerce & Industry. The meeting reviewed the prevailing business environment between the two friendly countries.

Pakistan: KCCI, ICC Pakistan sign agreement to form joint chamber

May 07, http://www.thenews.com.pk/Todays-News-3-172873-KCCI,-ICC-Pakistan-sign-agreement-to-form-joint-chamber

KARACHI: In order to uplift the economy and promote further international interaction between the business community, Karachi Chamber of Commerce and Industry (KCCI) and the International Chamber of Commerce (ICC), Pakistan has signed an agreement to form a joint chamber, a statement said on Monday.

Pakistan: Tethyan Copper Company - Withdrawal of Specific Performance Request - Company to Seek Monetary Damages

May 08, http://www.tethyan.com/Portals/0/Tethyan%20Copper%20Company%20-%20Statement%20-%208%20May%202013.pdf

Tethyan Copper Company ("Tethyan") announced today that it has withdrawn its request for specific performance in the international arbitrations it has brought against the Islamic Republic of Pakistan and the Province of Balochistan. As a result, Tethyan will no longer seek the grant of a mining lease at Reko Diq, and instead will seek solely monetary damages as compensation for Pakistan's and Balochistan's breaches of TCC's contract and treaty rights.

Tim Livesey, Tethyan Copper Company's CEO, said:

"Recent developments have regrettably compelled Tethyan to withdraw the request for specific performance. Tethyan invested enormous time, effort, and capital in the Chagai area. Through that investment, we took a small copper exploration target in a previously underexplored segment of the Tethyan Belt and developed it into a world class mining project at Reko Diq. While we have long hoped to mine Reko Diq, as is Tethyan's right, the conduct of Pakistan and Balochistan has made that goal impracticable. The Federal and Provincial Governments have not responded to our many attempts to engage, have prevented Tethyan from participating in the development of a new mining sector in the province, and have denied both Tethyan and the people of Balochistan and Pakistan the enormous benefits that our project would have brought to the Country. We will pursue our claims for monetary damages, including lost profits for the mining operations, in the international arbitrations."

Papua New Guinea-Canada: Nautilus Minerals Inc. Hearing Date Set For Arbitration

May 21, http://www.nautilusminerals.com/s/Media-NewsReleases.asp?ReportID=584966

Toronto Ontario, May 21, 2013 - Nautilus Minerals Inc. (TSX: NUS, OTCQX: NUSMF) (the "Company" or "Nautilus") announces that the hearing date for the arbitration commenced by the Independent State of Papua New Guinea against Nautilus has been set down for 26 August 2013.

At a directions hearing held in Sydney, Australia, the arbitrator of the dispute between the State of PNG and Nautilus, the Honourable Murray Gleeson AC QC, set the date for the hearing of the arbitration on 26 August 2013 and has set aside 10 days from that date in order to conclude the hearing, which is consistent with the Company's expectations.

Despite the date of the hearing having been fixed, Nautilus will continue to engage with the State in an effort to resolve matters amicably.

Presentation by the President of Cyprus, Mr Nicos Anastasiades, of the Government measures for the modernization of institutions and of the state

May 07, http://famagusta-gazette.com/full-text-modernization-of-cyprus-p19150-69.htm

... As it has already been announced, an Arbitration Court is being set up to hear cases involving securities and bond holders. ...

Presentations of Energy Charter Workshop on the Role of Intergovernmental Agreements in Energy Policy available

Apr 39, http://www.encharter.org/index.php?id=595&L=0

The rules of the multilateral system embodied in WTO have been perceived in the past by some to leave the energy sector outside the scope of the WTO. There is however no doubt that these general rules cover trade in energy. The WTO framework contains rules essential for the regulation of energy trade relations, such as rules on import/export restrictions, transit, subsidies, and technical regulations. The WTO framework importantly also provides for enforcement of these rules through a binding dispute settlement. The Energy Charter Treaty - the only inter-regional multilateral treaty specific to energy - is based on the WTO rules. The ECT applies those rules specifically to energy trade and also among Energy Charter Treaty states which are outside the WTO. The Energy Charter Treaty contains valuable additions to the WTO framework on transit and investment protection in the energy sector as well as a framework for energy efficiency.

Qatari Shaikh to visit Israel on business

May 07, http://gulfnews.com/news/gulf/qatar/qatari-shaikh-to-visit-israel-on-business-media-reports-1.1178699

Shaikh Khalifa wants Jerusalem Arbitration Center for business disputes between Israelis and Palestinians

Russia reforms fail to win over investors

May 13, http://www.ft.com/intl/cms/s/0/a3f76344-b7da-11e2-bd62-00144feabdc0.html#axzz2ScItA8eK

For the past four years, the Kremlin has been pouring time and money into turning Moscow into an international financial centre and, in principle, ticking all the right boxes.

Russia-Poland: PKN Orlen's claims against Yukos International over refinary dismissed

May 08, http://rapsinews.com/judicial_news/20130508/267299704.html

RAPSI - Arbitration proceedings initiated by Polish company PKN ORLEN against Yukos International UK B.V. (Yukos) over a stake sale in Mazeikiu Nafta (currently Orlen Lietuva), an oil refinery in Lithuania, have been concluded, all claims dismissed, the company's press release from Yukos reads.

Russia: In Reversal, Neighbors Squeeze Russia's Gazprom Over Natural-Gas Prices - WSJ.com

May 01, http://online.wsj.com/article/SB10001424127887324240804578414912310902382.html

"They can't bully us in the way they could before, and their weakness in the negotiations showed that," says Bulgaria's former finance minister, Simeon Djankov, who helped negotiate the deal. "We got the sense they need us more than we need them, and we capitalized on that."

Russia: Moscow's Arbitration Court Again Postpones "Interstate Bank v Nairit" Case

May 16, http://hetq.am/eng/news/26482/moscows-arbitration-court-again-postpones-interstate-bank-v-nairit-case.html

Today's second session at Moscow's Court of Arbitration hearing the case that the Interstate Bank has filed against Rhinoville Property Limited also got off to a late start.

Russia: Putin signs ombudsman bill

May 13, http://themoscownews.com/business/20130513/191509773/Putin-signs-ombudsman-bill.html

The ombudsman may appeal decisions of arbitration courts, and plans call for the possibility to protect the interests of Russian businesspeople abroad.

Russian judges must respect arbitration clauses - expert (Kaj Hobér)

May 16, http://rapsinews.com/judicial_news/20130516/267412718.html

Sharjah International Commercial Arbitration Centre, Chartered Institute of Arbitrators discuss cooperation

May 13, http://www.menafn.com/menafn/1093634778/Sharjah-International-Commercial-Arbitration-Centre-Chartered-Institute-of-Arbitrators-discuss-cooperation?src=RSS

MENAFN - WAM - Ahmed Saleh Al Ajala, Director of the Sharjah International Commercial Arbitration Centre has discussed with Michael Tonkin, Vice President of the Chartered Institute of Arbitrators in London, ways to enhance cooperation between the two parties.

SIAC Opens its First Overseas Office in Mumbai

Apr 30, http://singaporeinternationalarbitration.com/2013/04/30/news-update-siac-opens-its-first-overseas-office-in-mumbai/

We are pleased to congratulate the Singapore International Arbitration Centre (SIAC) on the successful launch of its first overseas office in Mumbai, India.

...

We also look forward to the opening of another SIAC overseas office in Seoul, South Korea, as had been announced at the SIAC Annual Appreciation Cocktail Reception 2013.

Slovkia-Cyprus: Poštová Banka files complaint against Greece over debt restructuring

May 08, http://spectator.sme.sk/articles/view/49977/10/postova_banka_files_complaint_against_greece_over_debt_restructuring.html

The Slovak financial institution Poštová Banka and its shareholder Istrokapitál SE have filed a legal complaint at the Washington-based International Centre for Settlement of Investment Disputes (ICSID) against Greece over the forced Greek sovereign bond exchange that took place in March 2012, the TASR newswire reported on Tuesday, May 7. It is though to be the first legal complaint against Greece filed at the ICSID.

South Africa: Expropriation judgment may be 'Pandora's box'

May 02, http://www.bdlive.co.za/national/2013/05/02/expropriation-judgment-may-be-pandoras-box

THE latest Constitutional Court judgment on expropriation is a potential "Pandora's box", says mining law guru Peter Leon of Webber Wentzel attorneys.

South Africa: If No Pact Reached, Process Will Then Move To Formal Arbitration - Lonmin

May 22, http://www.stockmarketwire.com/article/4599623/Lonmin-still-trying-to-reach-deal-with-trade-union.html

Lonmin has failed to reach agreement through the Commission for Conciliation, Mediation and Arbitration (CCMA), on forming a new union recognition agreement with the Association of Mineworkers and Construction Union (AMCU). If no agreement can be reached at that meeting the process will then move to formal arbitration.

South Africa: North West Solicits Inputs On Mediation Strategy and Plan for Mining, Tourism and Land Claims

Apr 22, http://allafrica.com/stories/201304221829.html

The Office of the Premier in the North West province is to host a workshop on the mediation strategy to manage relations between tourism, mining and land claims. The two-day provincial engagement involving key stakeholders in the sectors is to be held at Orion Hotel in Rustenburg as from Wednesday.

Spain Home Expropriation Plans Seen Violating EU Bailout

May 12, http://www.bloomberg.com/news/2013-05-12/spain-home-expropriation-plans-seen-violating-eu-bailout.html

Spanish politicians trying to cushion the blows of austerity plan to seize foreclosed homes to house the needy, discouraging foreign investment and threatening to violate terms of the European bailout of the country's banks.

Spain: Bankia sees 150,000 clients in arbitration on hybrids

May 09, http://elpais.com/elpais/2013/05/09/inenglish/1368116123_883330.html

José Sevilla, the head of the Office of the Chairman of the nationalized bank Bankia, on Thursday said that he expects more than 150,000 customers who had acquired preferred shares or subordinated debt from Bankia, which they believe were mis-sold to them, will seek arbitration to recover the money they invested.

Spain: Fondos termosolares preparan demandas contra España

May 21, http://www.eleconomista.es/interstitial/volver/selfabr13/energia/noticias/4814191/05/13/fondos-termosolares-preparan-demandas-contra-espana-.html

Los grandes fondos de inversión extranjeros con intereses termosolares en nuestro país se están movilizando para iniciar los trámites pertinentes para llevar al Reino de España a un arbitraje internacional de inversión ...

Spain: Investment funds gearing up to sue Spanish government

May 20, http://www.csp-world.com/news/20130520/00886/investment-funds-gearing-sue-spanish-government

Deutsche Bank's RREEF Infrastructure; London based Eiser Infrastructure Partners and Infrared Capital Partners; and energy sector focused Antin have reportedly hired services from law firm Allen & Overy to prepare legal actions against Spanish government due to regulatory changes that have strongly hit the whole renewable energy sector and particularly the CSP sector.

Sri Lanka: Overseas arbitration seat no bar for jurisdictional objection

May 18, http://www.dailynews.lk/2013/05/18/news30.asp

In view of submissions made by Faiszer Musthapha PC Commercial High Court Judge C. Morais, dismissed an action filed by an agent recruiting players for the SLPL cricket tournament Peter Nell, against the organizers of SLPL Somerset Entertainment Ventures (Singapore) Pvt. Ltd. on May 6, 2013. Peter Nell had obtained at the first instance, a sequestration Order restricting commercial rights of Somerset, which was also set aside.

St Lucia opposition leader seeks clarification from governor general over oil licence (Jack Grynberg)

May 16, http://www.caribbeannewsnow.com/headline-St-Lucia-opposition-leader-seeks-clarification-from-governor-general-over-oil-licence-15859.html

CASTRIES, St Lucia -- Stephenson King, leader of opposition in Saint Lucia's House of Parliament, has written to the governor general regarding the matter of a licence purportedly given Colorado oilman Jack Grynberg.

Sudan-Qatar: Barwa Real Estate exonerated by Dubai Int. Arbitration Center

May 22, http://www.ameinfo.com/barwa-real-estate-exonerated--342510

Barwa said in a statement that the Dubai International Arbitration Centre April issued a new ruling for case no.968/2012 and it came out in favor of Barwa terminating the previous ruling. In 2012, a court ruling by Dubai International Arbitration Centre had been issued to obligate Barwa International Company and The Green City Company to pay $31m as a compensation for Dreamland Construction in Sudan.

SwissArbitrationHub is online

May 21, http://www.arbitration-ch.org/pages/en/asa/news-&-projects/details/962.swissarbitrationhub-is-online.html

The new online platform dedicated to the organisation of hearings in Switzerland is now available.

Access Switzerland's "virtual hearing centre" for all your arbitration hearing needs including hearing facilities, interpreters and court reporters in multiple Swiss venues, at swissarbitrationhub.com.

Tanzania says Malawi returns to border dispute talks

May 04, http://articles.chicagotribune.com/2013-05-04/news/sns-rt-us-tanzania-malawi-explorationbre94307a-20130504_1_surestream-petroleum-fumbuka-ng-wanakilala-tanzania

Reuters - Tanzania said on Saturday that neighboring Malawi had returned to talks aimed at resolving a border dispute over Lake Malawi that has soured relations and delayed exploration for oil and gas.

The Max Planck Institute Luxembourg has been inaugurated

May 10, http://conflictoflaws.net/2013/the-max-planck-institute-luxembourg-has-been-inaugurated/

The Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law has been officially inaugurated. The Opening Ceremony took place on Wednesday in Luxembourg in the presence of the Grand Duke Henri, the Luxembourgian Prime Minister Jean-Claude Juncker, the Minister for Higher Education and Research of Luxembourg, the German Ambassador, the State Secretary at the Federal Ministry of Education and Research, Germany, and the President of the Max Planck Society.

The MPI Luxembourg has the ambition to promote research at the highest international standard. Its activity in this regard has already commenced and will go on with a carefully designed programme of lectures and seminars announced at the website of the Institute - http://www.mpi.lu/ - The Library, noyau dur of the Institute already established in the fall of 2012 is already open to researchers from other academic institutions.

Trinidad & Tobago: WASA ordered to pay $100m

May 07, http://www.trinidadexpress.com/news/WASA-ordered-to-pay-100m-205040061.html

The Water and Sewerage Authority (WASA) has until Wednesday to pay about $100 million to Israeli company Merhav Mekorot Development Trinidad and Tobago Limited (MMD) after it was defeated in an almost two-year-long arbitration on April 17. The judgement was handed down by Richard Fernyhough QC on behalf of the International Court of Arbitration in London, England. He ruled that WASA has to pay the consortium US$15,771,468 no later than 14 days after the judgement was delivered and dismissed all of WASA's claims and counterclaims on the matter.

U.S. judge blocks $383 million arbitration case against Citigroup

May 03, http://www.reuters.com/article/2013/05/03/us-citigroup-arbitration-idUSBRE9420TF20130503?feedType=RSS&feedName=businessNews

U.S. District Judge Louis Stanton in Manhattan ordered a halt to the Financial Industry Regulatory Authority arbitration initiated by the Saudi investor, Ghazi Abbar, in 2011. The ruling followed an eight-day trial that Stanton heard without a jury.

UAE: PIAIL wins arbitration in a hotel case

May 17, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/business/17-May-2013/piail-wins-arbitration-in-a-hotel-case

PR - PIAIL (PIA Investments Ltd), a subsidiary of PIA has won an arbitration in a hotel case in Abu Dhabi for AED 23.3 million ($ 6.355 million) in its favour on May 14, 2013

UK: Arbitration result could see RSM Tenon post £2.8m profit

May 08, http://www.accountancyage.com/aa/news/2266347/arbitration-result-could-see-rsm-tenon-post-gbp28m-profit

The arbitrator has awarded RSM Tenon £5.5m in cash which wll result in the firm posting an exceptional profit of £2.8m in its 2013 accounts. RSM also anticipates it will be reimbursed for costs associated with the arbitration in due course although no indication of that figure has been given - the statement covering the period 1 January to 3 May shows.

Ukraine: Foreign Affairs Minister John Baird (Canada) Welcomes European Court's Ruling on Tymoshenko

Apr 30, http://www.international.gc.ca/wet30-1/aff/news-communiques/2013/04/30a.aspx?lang=eng

April 30, 2013 - Foreign Affairs Minister John Baird today issued the following statement:

"Canada joins the European Court of Human Rights in condemning in the strongest terms the unlawful and arbitrary pre-trial detention of Yulia Tymoshenko by Ukrainian authorities in 2011.

"With this ruling, the European Court of Human Rights sends a clear message that court proceedings in Ukraine fell short of internationally recognized norms of fairness, transparency and due process.

"I have publicly and repeatedly raised Canada's concerns about the apparent political bias and arbitrary prosecution, seen in this and other cases, which seriously hamper Ukraine's democratic development. We continue to call on the Ukrainian government to strengthen judicial independence in the country. This is vital to the peaceful, democratic and prosperous society that Ukrainians are striving to build, and Canada will continue to support their efforts in this direction."

Ukraine: No grounds to cancel Ukraine-Russia gas contracts at Stockholm Arbitration - Boiko

May 07, http://www.steelguru.com/russian_news/No_grounds_to_cancel_UkraineRussia_gas_contracts_at_Stockholm_Arbitration_Boiko/310228.html

Mr Yurii Boiko Vice Prime Minister sees no grounds to cancel the gas contracts with Russia at the Arbitration Institute of the Stockholm Chamber of Commerce. Mr Boiko said that "Unfortunately, we do not have formal grounds to lodge a claim because the wild items which could have been claimed in the court were removed in signing the Kharkiv agreements. I mean fines."

United States Advances Trans-Pacific Partnership Goals with Vietnam

Apr 24, http://www.ustr.gov/about-us/press-office/press-releases/2013/april/US-advances-TPP-goals-Vietnam

Acting U.S. Trade Representative Marantis Meets Leaders to Discuss Key Issues, Next Steps in Ambitious Trade Talks

Hanoi, Vietnam - Acting United States Trade Representative Demetrios Marantis said today that the United States is looking forward to further cooperation with Vietnam as our two nations work with other members of the Trans-Pacific Partnership (TPP) to conclude a comprehensive, high-standard trade agreement in the coming months. Ambassador Marantis's comments came at the close of a three-day visit to Hanoi, where he discussed key outstanding issues with Vietnamese President Truong Tan Sang, with Deputy Prime Minister Vu Van Ninh, and with ministers and vice-ministers at Vietnam's ministries of Planning and Investment, Environment and Natural Resources, and Agriculture and Rural Development. Ambassador Marantis also met with the president of the Vietnam General Confederation of Labor, the chairman of Vietnam's Economic Committee, the Prime Minister's chief advisor on TPP, and with U.S. businesses looking to expand their reach in Vietnam through the TPP.

...

United States and Burma Sign Trade and Investment Framework Agreement

May 21, http://www.ustr.gov/about-us/press-office/press-releases/2013/may/u.s.-burma-sign-tifa

Acting United States Trade Representative Demetrios Marantis and Deputy Commerce Minister Dr. Pwint San of the Republic of the Union of Myanmar signed a Trade and Investment Framework Agreement (TIFA) today, creating a platform for ongoing dialogue and cooperation on trade and investment issues between the two governments. As part of this dialogue, the two sides will work together to identify initiatives that support the ongoing reform program and promote inclusive development that benefits the people of Burma, including the poorest segments of its population.

"The United States supports reforms that lay the foundation for a peaceful and prosperous future," said Ambassador Marantis. "Economic reforms and trade are mutually supportive. Stronger institutions, transparency, and rule of law create stronger foundations for commercial transactions, trade and investment."

On the important issue of labor rights, a continuing area of concern to U.S. stakeholders and the international community, the agreement signed today recognizes the importance of respecting, promoting, and realizing in each Party's laws and practices the fundamental labor rights as enumerated by the International Labor Organization (ILO) and of effectively enforcing their respective laws and regulations on worker rights. Under the TIFA, the United States will seek to work with the government in Nay Pyi Taw to achieve further improvements in the protection of worker rights.

University of Edinburgh announces plans to roll new modules in commercial arbitration, oil and gas law ...

May 13, http://www.law.ed.ac.uk/ahrc/teaching/news/2013/may/new-llm-modules/

The school has also announced plans to roll out more new modules this year in commercial arbitration, oil and gas law, international taxation, sales law, e-commerce law, and communications law.

US company seeks default judgment against Dagestan company

May 20, http://rapsinews.com/judicial_news/20130520/267469423.html

RAPSI - US-based glass engineering firm Henry F. Teichmann, Inc. (Teichmann) filed an affidavit for the entry of a default judgment against Dagestani glass company Caspian Flat Glass OJSC (Caspian) last week based on the failure of the latter to timely respond to a complaint and summons served last month amidst effort to compel arbitration in Zurich, according to court documents obtained by RAPSI.

US: 'Godzilla' Studio Denied Arbitration in Producers Dispute

May 13, http://www.hollywoodreporter.com/thr-esq/godzilla-studio-denied-arbitration-producers-520742

In a ruling Friday, a Superior Court judge refused to enforce a clause in an unsigned contract with producers Dan Lin, Roy Lee and Doug Davidson

US: Amazon wants seller lawsuit to go to arbitration

May 14, http://seattletimes.com/html/businesstechnology/2020979972_amazonsuitresponsexml.html?syndication=rss

Seattle-based Amazon argues that it had good reason to withhold seller payments but does not respond to claims that it broke state law. Amazon.com’s response to two former sellers complaining about tied-up payments can be summed up as: We’ll see you in arbitration.

US: Anacor Pharmaceuticals Provides Update Regarding Arbitration With Valeant Pharmaceuticals

May 07, http://finance.yahoo.com/news/anacor-pharmaceuticals-provides-regarding-arbitration-220000916.html

Anacor Pharmaceuticals (ANAC) today announced that Valeant Pharmaceuticals International, Inc., or Valeant, has agreed that the launch of efinaconazole, its topical product candidate for the treatment of onychomycosis, will not occur until after the September 2013 arbitration hearing to resolve our breach of contract dispute with Valeant. As a result, the preliminary injunction hearing which was scheduled for May 6-8, 2013 has been canceled.

As previously disclosed, in October 2012, we provided notice to Valeant, successor in interest to Dow Pharmaceutical Sciences, Inc., or DPS, seeking to commence arbitration with JAMS of a breach of contract dispute under a master services agreement dated March 26, 2004 between DPS and us related to certain development services provided by DPS in connection with our efforts to develop tavaborole, our topical antifungal product candidate for the treatment of onychomycosis. We have asserted claims for breach of contract, breach of fiduciary duty, intentional interference with prospective business advantage and unfair competition. We are seeking injunctive relief and damages of at least $215.0 million. The final arbitration hearing is currently scheduled for September 2013, and we expect the resolution of the arbitration to occur in the second half of 2013. We have carefully reviewed our position and believe that we have meritorious claims; however, we will need to prove such claims in the arbitration hearings.

US: Charles Schwab Drops Forced-Arbitration Clause From Contracts

May 16, http://consumerist.com/2013/05/16/charles-schwab-drops-forced-arbitration-clause-from-contracts/

"Effective immediately, Schwab is modifying its account agreements to eliminate the existing class action lawsuit waiver for disputes related to events occurring on or after May 15, 2013 and for the foreseeable future," wrote the company in a statement.

US: Credit Suisse Securities Sues to Block Finra Arbitration

Apr 23, http://www.bloomberg.com/news/2013-04-23/credit-suisse-securities-sues-to-block-finra-arbitration.html

Credit Suisse Securities LLC sued to block a Financial Industry Regulatory Authority arbitration, arguing that the investors who initiated the claim don't fit the Finra definition of "customer" required for the dispute- resolution process.

US: Deadline could resolve NY arbitration debate

May 12, http://www.pressconnects.com/article/20130512/NEWS10/305120030/Deadline-could-resolve-NY-arbitration-debate?odyssey=mod%7Cnewswell%7Ctext%7CLocal&nclick_check=1

ALBANY — For close to four decades, deadlocked labor negotiations between New York’s local governments and their police and fire unions have gone to a three-member panel to break the impasse and award a contract.

US: Delaware appeals panel considers arbitration program

May 17, http://www.delawareonline.com/article/20130517/NEWS/305170023?nclick_check=1

PHILADELPHIA - A seemingly divided panel of the U.S. 3rd Circuit Court of Appeals heard arguments Thursday in the Delaware Court of Chancery's effort to revive an arbitration program that critics have called a secret court for businesses.

US: Judge blocks $13 million arbitration against SunTrust

May 17, http://www.foxbusiness.com/news/2013/05/17/judge-blocks-13-million-arbitration-against-suntrust/

Reuters - NEW YORK - SunTrust Banks Inc won a court order on Friday preventing a Connecticut-based hedge fund from moving forward with a $13 million arbitration over mortgage-backed securities.

US: Lawmakers urge SEC to bar forced Wall Street arbitration

Apr 30, http://news.yahoo.com/lawmakers-urge-sec-bar-forced-wall-street-arbitration-160905504.html

Reuters - "If arbitration offers investors an efficient forum to resolve disputes, as some argue, investors may choose that option - but they should be given the choice," the lawmakers wrote in a letter to Securities and Exchange Commission Chair Mary Jo White on Tuesday.

US: National Arbitration Forum Prepares for Uniform Rapid Suspension System as 2012 UDRP Filings Hold Steady

Apr 24, http://news.yahoo.com/national-arbitration-forum-prepares-uniform-rapid-suspension-system-110000365.html

PRNewswire-USNewswire -- The National Arbitration Forum (FORUM), an international provider of dispute resolution services, today announced that a total of 2,060 cases were filed in its domain name dispute resolution program in 2012, down 22 cases from the 2,082 it received in 2011.

US: Obama Administration Notifies Congress of Intent to Include Japan in Trans-Pacific Partnership Negotiations

Apr 25, http://www.ustr.gov/about-us/press-office/press-releases/2013/april/congressional-notification-japan-tpp

The Obama Administration today notified Congress of its intent to include Japan in the Trans-Pacific Partnership (TPP) Agreement negotiations. This notification follows an announcement on April 12, 2013 that the United States and Japan had completed bilateral TPP consultations, as well as an announcement by TPP countries on April 21, 2013 that they welcome Japan as a new participant in the TPP negotiations, pending the successful completion of domestic procedures by each TPP country. Today's notification triggers a 90-day consultation period with Congress and the public on U.S. negotiating objectives with respect to Japan. Acting United States Trade Representative Demetrios Marantis noted in a letter to lawmakers that Japan's entry into this important negotiation will help to deliver significant economic benefits for the United States, Japan and the Asia-Pacific region.

"The participation of Japan, a major U.S. trading partner as well as close ally, further increases the economic significance of a TPP Agreement. With Japan's entry, TPP countries would account for nearly 40 percent of global GDP and about one-third of all world trade," wrote Ambassador Marantis. "As we have done thus far, we will work with Congress as we use the TPP Agreement to promote new technologies and emerging economic sectors, create new opportunities for U.S. exporters, including small- and medium-sized businesses, in the region, and help U.S. firms participate in production and supply chains in order to encourage investment and production in the United States. We value the partnership we have established with Congress on the TPP negotiations and look forward to maintaining it as we discuss U.S. objectives and carry out negotiations to conclude this important new agreement."

Furthermore, the United States will conduct bilateral, parallel negotiations with Japan to address concerns in the automotive sector and non-tariff measures in other sectors. The Obama Administration will consult closely with Congress and stakeholders on the elements of these negotiations during the 90-day consultation period.

The TPP is a key element of the Obama Administration's efforts to support the creation and retention of high-quality jobs for Americans by increasing exports to the vibrant economies of the Asia-Pacific region. The United States and its TPP partners are determined to expeditiously complete a comprehensive, next-generation agreement. In addition to the United States, the current TPP countries include Australia, Brunei Darussalam, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam.

To view a copy of the notification letter to Congress: http://www.ustr.gov/sites/default/files/04242013%20JBoehner%20Japan%20TPP%20notification_final%2004-24-2013.pdf. For more information on the Trans-Pacific Partnership and the upcoming negotiating round in Lima, Peru, please visit www.ustr.gov/tpp.

US: Pioneer Loses Bid To Delay Arbitration In ATP Lease Row

May 17, http://www.law360.com/commercialcontracts/articles/442400/pioneer-loses-bid-to-delay-arbitration-in-atp-lease-row

Law360 -- A Texas federal judge on Thursday declined to consider a request by Pioneer Natural Resources USA Inc. to delay arbitration of liabilities tied to bankrupt ATP Oil & Gas Corp.'s oil and gas leases while the court weighs a $691 million bid for the assets.

US: Public Investors Arbitration Bar Association (PIABA) Joins with Lawmakers and Regulators in Support of a Ban on Forced Wall Street Arbitration

May 07, http://news.yahoo.com/piaba-joins-lawmakers-regulators-support-ban-forced-wall-153300464.html

In recent weeks a groundswell of high- level support has been growing surrounding the issue of mandatory arbitration in the securities industry.

US: Surface Transportation Board (STB) establishes new arbitration program to help resolve railroad/shipper disputes

May 15, http://www.progressiverailroading.com/federal_legislation_regulation/article/STB-establishes-new-arbitration-program-to-help-resolve-railroadshipper-disputes--36186

The Surface Transportation Board (STB) yesterday announced it adopted final mediation and arbitration rules that establish a new arbitration program aimed at helping shippers and railroads voluntarily arbitrate certain types of disputes with clearly defined liability limits.The changes to existing mediation rules establish procedures through which the STB can order parties to participate in mediation in certain types of disputes on a case-specific basis.

Uzbekistan to legislatively approve principle of mutual consent to international arbitration

May 15, http://en.trend.az/regions/casia/uzbekistan/2150787.html

This autumn the Government of Uzbekistan is going to develop and to submit to the Parliament of the country amendments to the Law 'On guarantees and measures of protection of foreign investors' rights, establishing the principle of mutual consent to participation in international arbitration, First Deputy Minister of Justice of the country Esemurat Kanyazov said at the international conference 'Oil and Gas of Uzbekistan'.

Venezuela: Creation of the Venezuelan Arbitration Association

Apr 8, http://twitter.com/avarbitraje

On April 8, 2013 the Constituent Assembly of the Venezuelan Arbitration Association (AVA) was held, with the unexpectedly large attendance of 68 professionals and experts who acquired the capacity of founding members of the Association. The AVA is created 15 years after the date that the Commercial Arbitration Act came into force, for the purpose of spreading the use of arbitration and other alternative mechanisms of dispute resolution in Venezuelan society. The AVA will also promote Venezuela as a venue for international arbitrations, the expertise of Venezuelan practitioners abroad and arbitration in Latin America.

To achieve its goals, the AVA intends to familiarize the local business community with the practice of arbitration, making legislative proposals and promoting the participation of Venezuelan experts in international conferences, publications and associations. The AVA will develop academic programs and nominate its members with the required skills and credentials to be included in the lists of arbitrators of local or foreign arbitration centers. Finally, once a year the AVA will organize the Venezuelan Congress of National and International Arbitration and publish the Venezuelan National and International Arbitration Yearbook.

Membership of the AVA has different categories, divided into: Institutional Membership for the Arbitration Centers, exempt from the payment of annual fees and registration; Corporate Membership for all those legal persons interested in joining and Full Membership for individuals.

The AVA Constituent Assembly elected the members of the first Board of Directors that will lead the association for the 2013-2015 term, as follows: Dr. Román Duque Corredor (Hoet Pelaez Castillo & Duque) as President, Dr. Eugenio Hernández-Bretón (Baker & McKenzie) as Vice-President of International Affairs, Dr. Álvaro Badell Madrid (Badell & Grau) as Vice President for National Affairs, Dr. Gabriel Ruan (Araque Reyna) as Vice-President for Academic Affairs, Dr. José Gregorio Torrealba R. (Hoet Pelaez Castillo & Duque) as Executive Director, Dr. Adriana Vaamonde (Caracas Chamber of Commerce Arbitration Center), Dr. Greyza Ojeda (the Business Center for Conciliation and Arbitration) as voting members for the arbitration centers, Dr. Luis Alfredo Araque (Araque Reyna) as voting member for the foreign associations working in the Venezuelan arbitration community, Professor Marcos Carrillo (Universidad Católica Andrés Bello) as voting member for academics, Joanna de la Rosa (Universidad Católica Andrés Bello) as voting member for students, Dr. Pedro Saghy (Norton Rose) as voting member for relations with users of arbitration and Dr. José Alberto Ramírez (Hoet Pelaez Castillo & Duque) as Treasurer.

Work on the formation of the AVA took approximately 4 months, finally leading to the Constituent Assembly of an association that was created with a high level of legitimacy and commitment to Venezuela and arbitration.

Yemen and Saudi Arabia Land Dispute: Sovereignty, Resources and Politics

May 15, http://yemenpost.net/Detail123456789.aspx?ID=3&SubID=6873&MainCat=5

A land dispute would completely throw of the fragile balance which Saudi Arabia so carefully build over the years. Moreover, Yemen's claims over its long lost lands could potentially lead to another military stand-off at a time where regional stability is at an all time low and could prompt other regional powers to utilize such an opportunity to serve their own hegemonic agenda, namely Iran, Saudi Arabia religious nemesis.

Zimbabwe banking firm wins case against Malawi liquidation

Apr 17, http://www.nyasatimes.com/2013/04/17/zimbabwe-banking-firm-wins-case-against-malawi-liquidation/

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. The High Court in Blantyre set aside an arbitrator's ruling against AfrAsia, citing bias by the arbitrator who had been improperly appointed.

Zimbabwe: High Court Stops Marange, Core Arbitration

May 03, http://allafrica.com/stories/201305030630.html?viewall=1

THE High Court is set to stay the arbitration process in a shareholding dispute between diamond mining company Marange Resources and Mr Lovemore Kurotwi, a director of Core Mining and Mineral Resources.

Zimbabwe: Mugabe threatens expropriation of foreign mining assets

May 07, http://www.theglobeandmail.com/report-on-business/international-business/african-and-mideast-business/mugabe-threatens-expropriation-of-foreign-mining-assets/article11535466/?cmpid=rss1

Just when Zimbabwe's battered economy seemed to be turning a corner, President Robert Mugabe has fired a new salvo at foreign investors, threatening to expropriate the assets of Canadian gold miners and other companies.

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.

Bahrain Chamber for Dispute Resolution (BCDR-AAA) trains Bahrainis in mediation

Apr 24, http://www.zawya.com/story/BCDRAAA_trains_Bahrainis_in_mediation-ZAWYA20130424094807/

Chamber hosts Mediation workshop in cooperation with Singapore Mediation Center. The Bahrain Chamber for Dispute Resolution (BCDR-AAA) last week organized a three day mediation training workshop in cooperation with the Singapore Mediation Center for a group of professionals from the education, insurance and legal advisory sector.

The Symposium of "Latest Development and Prospect of International Arbitration Rules" Was Successfully Held in Beijing Arbitration Commission

Mar 29, http://www.bjac.org.cn/en/news/view.asp?id=2212

To adapt to the demands of international arbitration market and help the development of international arbitration, on March 26, 2013, the symposium of "Latest Development and Prospect of International Arbitration Rules", co-organized by Beijing Arbitration Commission ("BAC") and Hong Kong International Arbitration Center (HKIAC), was grandly held in International Conference Hall of BAC and attracted nearly 100 participants including officers from legislature, judicial organization and the experts and scholars engaged in arbitration theory and practice for a long time, famous lawyers and legal professionals from the enterprises and units and some senior arbitrators, etc. The secretary-general of HKIAC Bao Qi'an and deputy secretary-general Liu Jing, the vice director of BAC Wang Hongsong, secretary-general Lin Zhiwei, section chief of business department II Jiang Qiuju attended this symposium which was presided over by Mr. Chen Sheng, the arbitrator of BAC and HKIAC.

JOBS / MOVES

Brick Court secures global mediation capacity - Geoff Sharp

May 21, http://www.legalweek.com/legal-week/news/2268517/brick-court-secures-global-mediation-capacity

Brick Court Chambers has secured its first major international mediation capacity through an alliance with leading New Zealand mediator Geoff Sharp.

New York International Arbitration Center Announces Appointment of Alexandra Dosman as First Executive Director

May 1, http://www.nyiac.org/

May 1, 2013 --- Today, the New York International Arbitration Center (NYIAC) announced its appointment of international arbitration lawyer Alexandra Dosman as NYIAC's first Executive Director. Ms. Dosman will oversee the Center when it opens its state-of-the-art facilities later this month at 150 East 42nd Street in midtown Manhattan.

NYIAC Chair Judith S. Kaye, former Chief Judge of the State of New York and presently Of Counsel to Skadden, Arps, Slate, Meagher & Flom stated, "We are beyond thrilled that Alexandra is joining us as we launch our Center. In addition to her extensive experience in international arbitration -- in two languages -- she thoroughly impressed the NYIAC Board with her level of enthusiasm and creative vision for guiding our exciting new venture and ensuring New York's position as a premier venue for international arbitration."

Canadian born and educated at McGill University and University of Toronto Faculty of Law, Ms. Dosman practiced law in New York from 2006 until last month as a senior associate in the international arbitration group of Shearman & Sterling LLP. "I am delighted to join NYIAC and to build on the tremendous work of the Center's founders," Ms. Dosman said. "I look forward to working with New York's thriving international arbitration community to generate programming, resources and debate on issues of importance for New York-based international arbitration."

Henry Weisburg, a partner in Shearman & Sterling's New York office and a member of NYIAC's Board stated, "Alexandra was a terrific member of our international arbitration team, where she had a lead role in many major cases, and I cannot think of a better person to lead this effort to advance, strengthen and promote the conduct of international arbitration in New York."

Emmanuel Gaillard, a partner in Shearman & Sterling's Paris office stated, "After working on major arbitrations involving parties from around the globe, Alexandra has a deep understanding of the needs, expectations and sensibilities of parties, counsel and arbitrators from different cultures. Alexandra will position NYIAC to become a leading voice in the international arbitration community."

Further information about the New York International Arbitration Center is available at nyiac.org.

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