issue #07, week 23. 06 June 2013
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

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

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NEWS

IBA Guidelines on Party Representation in International Arbitration (2013)

May 29, http://www.ibanet.org/LPD/Dispute_Resolution_Section/Arbitration/Default.aspx

The committee and its Task Force on Counsel Conduct have produced guidelines for party representation and counsel conduct in international arbitration.

The IBA Guidelines on Party Representation in International Arbitration (the 'Guidelines') are inspired by the principle that party representatives should act with integrity and honesty and should not engage in activities designed to produce unnecessary delay or expense, including tactics aimed at obstructing the arbitration proceedings.

Download guidelines: http://www.ibanet.org/Document/Default.aspx?DocumentUid=6F0C57D7-E7A0-43AF-B76E-714D9FE74D7F

ECHR launches new Internet site

May 22, http://www.echr.coe.int/

The European Court of Human Rights has today launched its newly-designed Internet site (www.echr.coe.int). The website of the Court has been revamped in order to give users better access to a wider range of information relating to the organisation of the Court, its activities and case-law. New features include an enhanced search option, dynamic news feeds and more comprehensive information on the Court and the Registry. The website will be regularly updated and items will be added or developed over the next few months.

European Court President Dean Spielmann said: "The Internet is the focal point of the Court's information activities and provides a vehicle to disseminate data about the Court to as wide an audience as possible. By facilitating access to the Court's case-law, not only for specialists, judges, lawyers and academics, but also for the general public, we are helping to reinforce human rights standards in all the countries in which the European Convention applies, and even beyond."

The Court had over 5 million visitors to its internet site in 2012.

EEA EFTA Comment on the follow up of the Single Market Act I and II submitted to the EU - EFTA

Jun 04, http://www.efta.int/eea/eea-news/2013-06-04-eea-efta-comment-on-follow-up-of-the-single-market-act-i-and-ii.aspx

In an EEA EFTA Comment submitted to the EU on 3 June 2013, the EEA EFTA States presented their views on the follow-up to the Single Market Act I and on the Single Market Act II.

As equal partners through the EEA Agreement, the EEA EFTA States welcome the Commission’s initiative to further develop the Single Market with a second set of priority actions. Since the EEA EFTA States’ submission of comments on the Single Market Act I in February 2011, the European Commission has tabled a number of proposals. The EEA EFTA States have played an active role in analysing and evaluating these proposals and have presented their views to the relevant EU services through EEA EFTA Comments.

Key issues raised by the EEA EFTA States in the EEA EFTA Comment on the Single Market Act I and II relate to better governance of the Single Market, the Digital Single Market, integrated networks in the Single Market, cross border mobility of citizens and businesses as well as consumer confidence in the Single Market.

The EEA EFTA States are committed to further unleash the potential of the Single Market, and will continue to discuss and assess the tabled initiatives as well as the upcoming ones under the Single Market Act II.

Read the full text of the EEA EFTA Comment: http://www.efta.int/~/media/Documents/eea/eea-efta-comments/2013/2013-06-03-eea-efta-comment-on-follow-up-of-the-single-market-act-i-and-ii.pdf

EFTA and Ukraine hold first Joint Committee meeting - EFTA

May 30, http://www.efta.int/free-trade/free-trade-news/2013-05-30-efta-ukraine-1st-Sub-and-JC-Kiev.aspx

One year after the entry into force of the EFTA-Ukraine Free Trade Agreement, delegations from the EFTA States and Ukraine convened in Kyiv on 29 May 2013 to assess the implementation of the new framework.

The broad-based EFTA-Ukraine Free Trade Agreement has been in effect since 1 June 2012. The Joint Committee expressed its satisfaction with its implementation to date and exchanged views on possible future updates and additions to the agreement. It furthermore concurred to meet again next year.

The EFTA delegation was led by Ambassador Martin Eyjólfsson from Iceland, while Mr Valeriy Pyatnitskiy, Commissioner for European Integration, headed the Ukrainian delegation.

The total value of EFTA-Ukraine merchandise trade amounted to USD 1.1 billion in 2012.

ITLOS: The M/V "Louisa" Case (Saint Vincent and the Grenadines v. Kingdom of Spain) - Tribunal Finds That It Has No Jurisdiction to Entertain the Application

May 28, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_193_E.pdf

Judgement http://www.itlos.org/fileadmin/itlos/documents/cases/case_no_18_merits/judgment/C18_Judgment_28_05_13-orig.pdf

Tribunal Finds That It Has No Jurisdiction to Entertain the Application

Hamburg, 28 May 2013. At a public sitting held today, the International Tribunal for the Law of the Sea delivered its Judgment in The M/V "Louisa" Case (Saint Vincent and the Grenadines v. Kingdom of Spain), in which it finds by 19 votes to 2 that it has no jurisdiction to entertain the Application filed by Saint Vincent and the Grenadines.

Proceedings in the case were instituted before the Tribunal on 24 November 2010. On 23 December 2010, the Tribunal delivered an Order on the Request for the prescription for provisional measures submitted by Saint Vincent and the Grenadines under article 290, paragraph 1, of the United Nations Convention on the Law of the Sea (see Press Release ITLOS/Press 158). Further to the filing of written pleadings by the Parties, the hearing on the merits took place from 4 to 12 October 2012.

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. While Saint Vincent and the Grenadines maintained that the M/V "Louisa" was engaged in conducting surveys of the sea floor with a view to locating oil and gas deposits, according to the Spanish authorities, the vessel was seized in connection with criminal proceedings instituted in respect of the commission of "the crime of possession and depositing weapons of war [...] together with the continued crime of damaging Spanish historical patrimony". Four persons were arrested and detained in Spain for different periods in connection with these criminal proceedings. On the day the M/V "Louisa" was boarded and detained, the Spanish authorities detained a second vessel, the "Gemini III", which, according to Saint Vincent and the Grenadines, served as a tender for the M/V "Louisa".

In its Judgment, the Tribunal first considers the scope of the declarations made by each Party under article 287 of the Convention. The Parties disagree on the scope of the jurisdiction conferred on the Tribunal by their respective declarations made under article 287. The Tribunal decides that the narrow interpretation of the declaration of Saint Vincent and the Grenadines advanced by Spain is not tenable, and considers that the declaration of Saint Vincent and the Grenadines covers the arrest or detention of its vessels and all matters connected therewith.

The Tribunal examines the question relating to the meaning of the expression "its vessels" in the declaration of Saint Vincent and the Grenadines and notes that the M/V "Louisa" was registered in Saint Vincent and the Grenadines and is to be regarded as one of "its vessels". As regards the "Gemini III", the Tribunal observes that it was not flying the flag of Saint Vincent and the Grenadines and states that the "Gemini III" enjoys an identity of its own and it is not covered by the declaration of Saint Vincent and the Grenadines. It concludes that in respect of the "Gemini III" it lacks jurisdiction.

The Tribunal goes on to look at the question of the link between prima facie jurisdiction and jurisdiction on the merits. It states that the question of jurisdiction to deal with the merits of the case can be decided only after consideration of the written and oral proceedings and not on the basis of the decision it took on prima facie jurisdiction in connection with the Request for the prescription of provisional measures.

The Tribunal then considers the subject and existence of the dispute. Although the Parties agree that the origin of the case lies in the detention of the M/V "Louisa" and its crew, they disagree on the question whether a dispute concerning the interpretation or application of the Convention exists. The Tribunal notes that the case before it has two aspects: one involving the detention of the vessel and the persons connected therewith and the other concerning the treatment of these persons. The first aspect relates to the claim originally submitted by Saint Vincent and the Grenadines on the basis of articles 73 (Enforcement of laws and regulations of the coastal State), 87 (Freedom of the high seas), 226 (Investigation of foreign vessels), 227 (Non-discrimination with respect to foreign vessels) and 303 (Archaeological and historical objects found at sea) of the Convention. Spain argues that the provisions of the Convention invoked by Saint Vincent and the Grenadines are plainly not applicable to the facts of the case and cannot serve as a legal basis for the claims of Saint Vincent and the Grenadines. The second aspect was introduced by Saint Vincent and the Grenadines on the basis of article 300 of the Convention only after the closure of the written proceedings. It was discussed during the oral proceedings and included in the final submissions of Saint Vincent and the Grenadines.

With regard to article 73 of the Convention, the Tribunal notes that the M/V "Louisa" was not detained for the reason that the laws and regulations of Spain concerning the living resources in the exclusive economic zone had been violated. The detention was made in the context of criminal proceedings relating to 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." Accordingly, in the view of the Tribunal, article 73 of the Convention cannot serve as a basis for the claims submitted by Saint Vincent and the Grenadines in respect of the detention of the M/V "Louisa" and its crew.

The Tribunal observes that article 87 of the Convention deals with the freedom of the high seas, in particular the freedom of navigation, which applies to the high seas and, under article 58 of the Convention, to the exclusive economic zone. It is not disputed that the M/V "Louisa" was detained when it was docked in a Spanish port. The Tribunal is of the view that article 87 cannot be interpreted in such a way as to grant the M/V "Louisa" a right to leave the port and gain access to the high seas notwithstanding its detention in the context of legal proceedings against it, and concludes that the arguments advanced by Saint Vincent and the Grenadines do not establish that article 87 of the Convention could constitute a basis for the claims submitted by Saint Vincent and the Grenadines in respect of the detention of the M/V "Louisa".

In its Judgment, the Tribunal recalls that the M/V "Louisa" was detained in the context of criminal proceedings relating to the 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." Therefore, articles 226 and 227 of the Convention cannot serve as a basis for the claims submitted by Saint Vincent and the Grenadines in respect of the detention of the M/V "Louisa".

The Tribunal notes that Saint Vincent and the Grenadines invoked article 245 of the Convention as a basis for its claims in its written pleadings although it did not include this provision in its final submissions. The Tribunal finds that the question of violation of the research permit does not arise as the M/V "Louisa" was detained in the context of criminal proceedings 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." Accordingly, article 245 of the Convention cannot serve as a basis for the claim submitted by Saint Vincent and the Grenadines that the detention of the M/V "Louisa" violated its right to conduct marine scientific research.

With respect to the applicability of article 300 of the Convention, the Tribunal observes that, after the closure of the written proceedings, Saint Vincent and the Grenadines presented its claim as one substantively based on article 300 and the alleged violations of human rights by Spain. The Tribunal considers that this reliance on article 300 of the Convention generated a new claim in comparison to the claims presented in the Application. The Tribunal further observes that it is a legal requirement that any new claim to be admitted must arise directly out of the application or be implicit in it. The Tribunal considers that it cannot allow a dispute brought before it by an application to be transformed in the course of proceedings into another dispute which is different in character, and is of the view that article 300 of the Convention cannot serve as a basis for the claims submitted by Saint Vincent and the Grenadines.

For the foregoing reasons, the Tribunal concludes that no dispute concerning the interpretation or application of the Convention existed between the Parties at the time of the filing of the Application and that, therefore, it has no jurisdiction ratione materiae to entertain the case before it. Since it has no jurisdiction to entertain the Application, the Tribunal is of the view that it is not required to consider any of the other objections raised to its jurisdiction or against the admissibility of the claims of Saint Vincent and the Grenadines.

The Tribunal nevertheless takes note in its Judgment of the issues of human rights as described in paragraphs 59, 60, 61 and 62 of the Judgment, and holds the view that States are required to fulfil their obligations under international law, in particular human rights law, and that considerations of due process of law must be applied in all circumstances.

The Tribunal therefore finds, for the above reasons, by 19 votes to 2, that it has no jurisdiction to entertain the Application filed by Saint Vincent and the Grenadines.

The Tribunal further decides, unanimously, that the Parties shall bear their own costs.

Judge Paik appends a declaration to the Judgment of the Tribunal, Judges Ndiaye, Cot, Kateka and Bouguetaia append separate opinions to the Judgment of the Tribunal and Judges Jesus and Lucky append dissenting opinions to the Judgment of the Tribunal.

The text of the Judgment and the recorded webcast of the public sitting may be found on the website of the Tribunal.

PCA: Secretary-General Delivers Speeches in St. Petersburg

Jun 05, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=364&pag_id=1261

In mid-May 2013, the Secretary-General traveled to St. Petersburg on the occasion of the Dutch–Russian Bilateral Year 2013 as part of a delegation representing the international courts and tribunals headquartered in The Hague.

On May 14, 2013, the Secretary-General took part in a discussion session on international law at the St. Petersburg State University. On May 16, 2013, he spoke on a panel dedicated to the “The Hague: International City of Peace and Justice” and on the panel on “Arbitration: Does the Seat Matter?” at the third annual St. Petersburg Legal Forum.

The text of the Secretary-General’s speech at the St. Petersburg State University, can be found here http://www.pca-cpa.org/showfile.asp?fil_id=2197

The text of the Secretary-General’s speech on “The Hague: International City of Peace and Justice” at the St. Petersburg Legal Forum can be found here http://www.pca-cpa.org/showfile.asp?fil_id=2198

The HKIAC celebrates the opening of its first overseas office in Korea at the Inauguration of the Seoul International Dispute Resolution Centre (Seoul IDRC)

May 27, http://www.hkiac.org/index.php/en/news/468

27 May 2013 was a day of celebration as it marks a new chapter for the Korean arbitration community with the inauguration of the Seoul International Dispute Resolution Centre (Seoul IDRC). This is also a momentous chapter for the Hong Kong International Arbitration Centre (HKIAC) as it opens its first overseas office in Korea.

WTO: Panel established on measures imposed by China on certain steel from Japan

May 24, http://www.wto.org/english/news_e/news13_e/dsb_24may13_e.htm

Pursuant to the second request from Japan, the Dispute Settlement Body on 24 May 2013 established a panel to examine the dispute "China - Measures Imposing Anti-Dumping Duties on High Performance Stainless Steel Seamless Tubes ("HP-SSST") from Japan". The European Union, India, Korea, Russia and the United States reserved their third-party rights to participate in the panel's proceedings.

AfDB Loans US$ 600 Million to Standard Chartered Bank and Commerzbank for risk participation - African Development Bank

May 31, http://www.afdb.org/en/news-and-events/article/afdb-loans-us-600-million-to-standard-chartered-bank-and-commerzbank-for-risk-participation-11864/

Supporting commercial banks to finance trade in Africa, in a bid to transform the continent, was a commitment that the African Development Bank concretized on 29 May 2013 in Marrakech, Morocco, with the provision of risk participation totaling US$ 600 million to two major international banks. With a US$ 400 million fund to Standard Chartered Bank, its Chief Executive Officer Ebeneze Essoka expressed his institution’s gratitude and affirmed that “it is a good partnership and a good beginning with the African Development Bank. “We are going to be very much at the center of transactions with great impact on our operations and on Africans,” Essoka said.

Announcing the Financial Transparency Coalition

May 30, http://www.globalwitness.org/library/announcing-financial-transparency-coalition

The Financial Transparency Coalition will build on the incredible foundation that the Task Force has created. We are continuing to invest in our global network of over 150 civil society groups, economists, and governments . Our growing global reach has allowed us to respond to political opportunities from Africa, Asia, and Latin America and the Caribbean, and we hope to expand this work in the coming year.

Approved and Released - Equator Principles III

May 14, http://www.equator-principles.com/index.php/all-news-media/ep-association-news/335

Equator Principles (EP) Association Members have given overwhelming support to EP III - the third and most robust version of the EP to date. The vote in favour of EP III means that from 4 June 2013 more deals will be assessed under a strengthened environmental and social risk management framework.

The EP framework for determining, assessing and managing environmental and social risk in project finance transactions has extended its scope to Project-Related Corporate Loans and Bridge Loans, and clarifies the requirements for application to Advisory Services. Under EP III, Equator Principles Financial Institutions (the name for adopters of the EP) will benefit from greater consistency in implementation, enhanced transparency through extended reporting and will address emerging environmental and social concerns.

Arbitration judge considering Tapie-Lagarde dispute arrested

May 28, http://rapsinews.com/judicial_news/20130528/267588705.html

RAPSI – One of three arbitration judges who presided over a dispute resulting in a large payout to a French tycoon during International Monetary Fund (IMF) Managing Director Christine Lagarde’s stint as the country’s finance minister was detained Monday by officials investigating the payout, the AFP reported Tuesday.

Arbitration now a preferred ADR mechanism in India: Survey

May 30, http://economictimes.indiatimes.com/news/news-by-company/corporate-trends/arbitration-now-a-preferred-adr-mechanism-in-india-survey/articleshow/20291689.cms

NEW DELHI: Arbitration is emerging as a preferred dispute resolution mechanism in India and the country has become one of the top three seats for arbitration in the world along with Singapore and England, says a survey.

Argentina's YPF Loses International Ruling in Gas-Exports Case

May 27, http://www.foxbusiness.com/news/2013/05/27/argentina-ypf-loses-international-ruling-in-gas-exports-case/

Argentina's state-run oil company YPF SA (YPF, YPFD.BA) has lost an international arbitration case involving claims that YPF broke its contractual obligations after Argentina largely stopped exporting natural gas to neighboring countries because of domestic supply problems.

Argentina, Repsol struggle to bridge gap over YPF compensation - News - AM 590 - WKZO Everything Kalamazoo

May 23, http://wkzo.com/news/articles/2013/may/23/argentina-repsol-struggle-to-bridge-gap-over-ypf-compensation/, http://wkzo.com/news/articles/2013/may/23/argentina-repsol-struggle-to-bridge-gap-over-ypf-compensation/

Reuters - A year after Argentina seized the local business of Spanish oil firm Repsol , there seems little prospect of a quick deal on compensation despite signs that both sides would rather avoid a costly, drawn-out legal battle.

Argentina’s YPF loses potential $1-billion international arbitration

May 30, http://www.theglobeandmail.com/report-on-business/international-business/latin-american-business/article12180720.ece

Argentina’s state-controlled energy company, YPF, has lost a potential multimillion-dollar international arbitration case over the suspension of natural gas exports to Brazil, the company said on Monday.

Australia: Bylong farmer calls for Mining Act amendment on arbitration

May 27, http://www.abc.net.au/news/2013-05-27/bylong-farmer-calls-for-mining-act-amendment-on-arbitration/4714178

A Bylong Valley farmer says he was gobsmacked to discover what he has described as a loophole in the Mining Act that allows miners to force 'compulsory arbitration'.

Bahamas: Dame Joan is named arbitration patron - CIArb

May 29, http://www.tribune242.com/news/2013/may/29/dame-joan-is-named-arbitration-patron/

The Bahamas Branch of the Chartered Institute of Arbitrators (CIArb) has named Dame Joan Sawyer as its official patron. The former Chief Justice and president of the Court of Appeal was unanimously approved by all eleven Trustees of CIArb to become the first branch patron.

Bahrain prime minster announced as patron for international Oil and gas dispute resolution conference

May 28, http://www.zawya.com/story/Bahrain_prime_minster_announced_as_patron_for_international_Oil_and_gas_dispute_resolution_conference-ZAWYA20130528133645/

The International Oil and Gas Dispute Resolution Conference 2013 today announced the Patronage of His Royal Highness Prince Khalifa bin Salman Al Khalifa, the Prime Minister of the Kingdom of Bahrain, for the high profile, three-day conference taking place in the Kingdom of Bahrain from November 17-19, 2013

Bolivia: South American Silver Announces Arbitration Costs Funding Arrangement

May 24, http://www.soamsilver.com/may-24-2013-news-release.asp, http://www.soamsilver.com/may-24-2013-news-release.asp

24 May 2013, Vancouver, British Columbia-South American Silver Corp. (TSX: SAC, US OTCQX : SOHAF) (the "Company") is pleased to announce that on May 23, 2013 the Company entered into an agreement with a third party funder (hereinafter the "Fund") pursuant to which the Fund will cover South American Silver's future costs and expenses related to the international arbitration proceedings against the Plurinational State of Bolivia for the expropriation of the Malku Khota project. The funding is on a non-recourse basis and includes costs and expenses of the enforcement of any award rendered by the arbitral tribunal. No broker has acted in the transaction.

The Fund specializes in the funding of international arbitration proceedings and in providing assistance in connection with the enforcement of arbitration awards.

South American Silver continues to have control over the conduct of the international arbitration proceedings and to have the right to settle with Bolivia, discontinue proceedings, pursue the proceedings to trial and take any action it considers appropriate to enforce any resulting judgment or award.

Under the terms of the privileged arbitration funding agreement, the Company has given certain warranties and covenants to the Fund and has provided security for its obligations. In consideration for the funding, the Company has agreed to pay to the Fund a portion of any recoveries received pursuant to the arbitration proceedings or any settlement with Bolivia.

Phillip Brodie-Hall, President and CEO of South American Silver said, "This is a significant milestone for South American Silver and is very good news for our shareholders. The fact that a large and respected international investment fund is prepared to put its money at risk to support our case speaks volumes for the validity and value of our claim against Bolivia. This agreement provides us with the funds we need to pursue our case against Bolivia, at the same time freeing-up cash to allow us to actively invest in our core business of acquiring, exploring and developing quality mineral projects."

Details of the Company's dispute with the Bolivian Government can be found in the Company's news releases dated October 23, 2012, December 12, 2012, and April 30, 2013. The aforementioned information is available on www.sedar.com or on the Company's website www.soamsilver.com

Canada 'very disappointed' at South Africa's investment treaty termination

May 30, http://www.thisisafricaonline.com/Business/Legal-Bulletin/Africa/South-Africa/Canada-very-disappointed-at-South-Africa-s-investment-treaty-termination?ct=true

Canada's minister for international trade criticises South Africa's decision to end bilateral investment treaties (BITs)

Canada: Foreign policy agreement ignores First Nations interests

Jun 04, http://www.newswire.ca/en/story/1177351/foreign-policy-agreement-ignores-first-nations-interests

MUNSEE DELAWARE NATION, ON, June 4, 2013 /CNW/ - The Anishinabek Nation supports the Hupacasath First Nation in its legal battle against the Canada-China Foreign Investment Promotion and Protection Agreement (FIPA). FIPA was tabled in the House of Commons last September without any First Nations consultation and accommodation. The agreement affects puts the future of natural resources in Canada, and also ignores treaty relationships that Canada has with First Nations.

Canada: Media Release: Thousands demand Lone Pine drop its NAFTA lawsuit

Mau 31, http://canadians.org/media/water/2013/31-May-13.html

(Ottawa) - Two weeks after the launch of a public petition, organizers have received over 3,000 signatures demanding that energy company Lone Pine Resources drop its $250 million NAFTA (North America Free Trade Agreement) lawsuit against Canada for Québec's moratorium on fracking.

The petition sponsors-the Council of Canadians, the Réseau québécois sur l'Intégration continentale (RQIC), Sierra Club US, FLOW (For Love of Water), Eau Secours! and AmiEs de la Terre-sent three letters to Lone Pine today, each signed by 1,000 people, and will continue to collect signatures until the company agrees to drop the suit.

"People across Canada and the United States are outraged that a company would claim it has a 'right' to frack under trade deals like NAFTA, and that we might have to pay Lone Pine Resources not to drill in the St. Lawrence," says Emma Lui, water campaigner with the Council of Canadians. "There should be no 'right' to frack, or to dig a mine, or lay a pipeline. Investment treaties cannot be allowed to override community decisions."

"Governments must have the flexibility to say 'no' to fracking and other environmentally destructive practices without trade rules getting in the way," said Ilana Solomon, Trade Representative with the Sierra Club. "The fact that a U.S. oil and gas corporation has threatened to bring a trade case against the government of Canada over a law intended to protect the health and well-being of its citizens shows just how backward our trade rules have become."

In 2011, the Quebec government placed a moratorium on all new drilling permits until a strategic environmental evaluation was completed. When the current Quebec government was elected last year, it extended the moratorium to all exploration and development of shale gas in the province. Last fall, Lone Pine indicated that it planned to challenge Quebec's fracking moratorium. Instead of going to court, the Calgary-based company is using its incorporation in Delaware to access the investment protection chapter of NAFTA, which is only available to U.S. and Mexican companies, to challenge the Quebec moratorium in front of a paid, largely unaccountable investment tribunal. The company says the Québec moratorium is "arbitrary" and "capricious," and that it deprives Lone Pine of its right to profit from fracking for natural gas in Québec's Saint Lawrence Valley.

"Lone Pine must drop its scandalous lawsuit against this legitimate policy of the Quebec government, who has just been listening to its people," says Pierre-Yves Serinet, coordinator of the Quebec Network on Continental Integration (RQIC). "These provisions of such free trade agreements are direct attacks on the sovereign right of the Quebec government to govern for the welfare of its population. It's astonishing that the negotiations between Canada and the European Union (CETA) follow the same blueprint. Time has come to end the excessive powers to multinationals," added the spokesperson for RQIC.

"No trade tribunal should allow a company to sue a State that tries to protect water, which is a common good at the core of the survival and the health of the peoples and the ecosystems. Eau Secours! presses the Quebec government to also change its antiquated law on mining, to improve its water law and its sustainable development regulations to clearly reaffirm this willingness of protection," declared Martine Châtelain, president of the coalition for a responsible management of water Eau secours!.

"Water in North America is part of a single system, starting with hydrologic cycle, and subject to generational public trust responsibility," says Jim Olson, Chair and President of FLOW for Water. "A moratorium that exercises this responsibility can hardly be challenged as a regulation: public trust and water have inherent limits."

The NAFTA dispute and letter-writing campaign is happening as the Parti Québécois introduces legislation that would ban fracking in the St. Lawrence Lowlands for up to five years. The organizations involved in the letter-writing campaign are encouraged by the decision but support a complete Quebec-wide moratorium on fracking for oil and gas.

Canada: Rusoro Announces Delay In Filing Its Annual Financial Statements

May 21, http://www.rusoro.com/s/News_Releases.asp?ReportID=585141

Vancouver, Canada - Rusoro Mining Ltd. (the "Company" or "Rusoro") announces that filing of its annual financial statements for the year ended December 31, 2012 has been delayed, pending the issuance of an unqualified opinion by the Company's auditors. As a result, the Company understands that a cease trade order will be issued by the British Columbia Securities Commission at the close of business on May 21, 2013.

As a result of the nationalization of the Company's ongoing operations and assets in Venezuela, the auditor was unable to obtain sufficient verification of the Company's ongoing liabilities in Venezuela to issue an unqualified opinion prior to the April 30, 2013 filing deadline. The Company is presently working with the auditor to obtain confirmations from the outstanding creditors of the Company's Venezuelan subsidiaries following which the auditor anticipates being able to issue an unqualified opinion.

Canada: SNC Lavalin Group Inc offers amnesty to corruption whistle blowers

May 27, http://business.financialpost.com/2013/05/27/snc-lavalin-offers-amnesty-to-corruption-whistle-blowers/

MONTREAL - In what it calls the first such move in corporate Canada, SNC Lavalin Group Inc. is offering a three-month amnesty to employees who come forward with information on corruption.

Chevron's Argentine Shale Dream: Supreme Court Decision Paves Way For YPF Deal To Develop Vaca Muerta

Jun 05, http://www.forbes.com/sites/afontevecchia/2013/06/05/chevrons-argentine-shale-dream-supreme-court-decision-paves-way-for-ypf-deal-to-develop-vaca-muerta/

The carnal relationship between Chevron and the Argentine Government has gotten closer. On Wednesday, the Argentine Supreme Court lifted an embargo on $19 billion-worth of assets held by Chevron’s subsidiary in the Latin American country, paving the way for the final agreement with state-owned YPF to develop the Vaca Muerta super-field, the second largest shale oil reservoir in the world according to the American energy company.

China Spurns Arbitration as U.S. Joins Japan on Sea Stance

Jun 02, http://www.bloomberg.com/news/2013-06-02/china-spurns-sea-claim-arbitration-pushed-by-u-s-and-allies.html

China dismissed calls for arbitration to resolve disputes in Asian waters vital to world trade after the U.S. and Japan vowed to resist attempts to seize contested territory by force.

China's Addax locked in $1 billion oil dispute with Gabon-sources

Jun 05, http://www.reuters.com/article/2013/06/05/gabon-china-idUSL5N0E93DB20130605

China-US: 'Parallel trade agenda to benefit both countries' - Robert Zoellick

May 25, http://www.chinadaily.com.cn/business/2013-05/25/content_16531414.htm

A parallel trade agenda between China and the United States is essential for the expansion of global trade liberalization, according to the former World Bank president Robert Zoellick.

China: Battle for Titan assets takes new turn

Jun 03, http://www.scmp.com/business/china-business/article/1252329/battle-titan-assets-takes-new-turn

A drawn-out ownership fight over the crown jewel fuel storage assets of debt-troubled fuel trading and logistics firm Titan Petrochemicals has taken a new twist. A person close to Titan and its white knight - partially state-owned fuel and metals trader Guangdong Zhenrong Energy - claimed a joint venture between United States-based private equity firm Warburg Pincus and SouthernPec, a Guangzhou-based rival of Titan, has failed to complete a deal to sell the storage assets to Guangdong Zhenrong.

Colombia expresses interest in strengthening trade ties with New Zealand through a free trade agreement (FTA)

May 23, http://www.4-traders.com/news/Ministry-of-Commerce-Industry-and-Tourism-of-the-Minister-Diaz-Granados-Meets-with-his-New-Zeala--16903260/

During the meeting, Minister Groser expressed his country's interest in strengthening trade ties through a free trade agreement (FTA) with Colombia. To this, Minister Diaz-Granados said that the first step is to have the FTA with the European Union enter into force. Once this occurs, Colombia would be able to devote its attention to new projects.

Columbia and Peking University Deepen International Collaboration

May 23, http://www.jdjournal.com/2013/05/23/columbia-and-peking-university-deepen-international-collaboration/

As globalization increases, law schools have been intensifying their international relations. Columbia University, for instance, has increased their relationships with such colleges as Peking University Law School, a relationship that began in 2006 when Columbia joined Peking in a reciprocal relationship of semester-long student exchanges, which expanded in 2011 into exchange programs for faculty to switch universities and lecture or co-teach courses. Now that direction of expansion has gone further, with the Columbia University Law School Dean David Schizer and Peking University Law School Dean Zhang Shouwen signing a memorandum of understanding between the two universities. This will allow opportunities for joint publications and joint seminars and forums.

East Timor challenges Australia's control of Timor Sea gas field

May 26, http://www.vancouversun.com/business/Jonathan+Manthorpe+East+Timor+challenges+Australia+control+Timor+field/8437488/story.html

East Timor says it's pulling out of an oil and gas revenue-sharing agreement with Australia because the Canberra government spied on it during the negotiation of the deal. The Dili government has started arbitration proceedings against Australia, challenging the validity of the 2006 treaty which envisaged a 50-50 split in revenues from the massive Greater Sunrise Field in the Timor Sea.

Egypt drags its feet in privatization tussle

May 30, http://www.dailystar.com.lb/Business/Middle-East/2013/May-30/218810-egypt-drags-its-feet-in-privatization-tussle.ashx

CAIRO: A thorny legal issue facing Egypt’s government was laid bare last month when Prime Minister Hisham Qandil was given a suspended jail sentence for failing to implement a ruling to renationalize a textile company sold off by the Hosni Mubarak regime.

Entity asks IACHR to designate impartial members

May 23, http://www.ecuadortimes.net/2013/05/23/entity-asks-iachr-to-designate-impartial-members/

The Center for Justice and International Law which called for an "analysis applications submitted in the light of the criteria established by the American Convention" through this it urged the American foreign ministers to appoint impartial and independent members to the vacancies in the Inter-American Commission (IACHR). The aim is to choose the most suitable to "ensure the neutrality and independence of the Commission." The election of three new members of the Commission will be held in the General Assembly of the Organization of American States (OAS), between June 4 and 6.

Equator Principles Financial Institutions and Stakeholders Mark the 10th Anniversary of the Equator Principles

Jun 05, http://www.equator-principles.com/index.php/all-news-media/ep-association-news/351

Equator Principles Financial Associations (EPFIs) today gathered in Amsterdam to celebrate the 10th anniversary of the Equator Principles, and the launch of the latest iteration of Equator Principles - EP III. EPFIs were joined by a range of stakeholders, including clients, NGOs, specialist consultants and the media.

Leonie Schreve, Chair of the EP Association Steering Committee and Head of Sustainable Lending at ING who hosted today's event said,

"The 10th anniversary and launch demonstrates the strength of Equator Principles as global environmental and social risk management standard. Today sees the launch of EP III which will mean important environmental and social risk considerations can be applied to even more deals. EP III was supported by an overwhelming majority of our members, and we're also seeing more financial institutions adopting, with our first members from Russia and India adopting in recent weeks."

EU and EFTA discuss legislation under consideration for the EEA Agreement - EFTA

Jun 04, http://www.efta.int/eea/eea-news/2013-06-04-subc-i-v-highlights.aspx

Representatives from the Ministries of Foreign Affairs in Iceland, Liechtenstein and Norway met with the European External Action Service (EEAS) on 3 June 2013 when the Joint Subcommittees I-IV discussed various issues related to the incorporation of legal acts into the EEA Agreement. The Joint Subcommittees I-IV, which deals with the different areas of the EEA Agreement, discussed the state of play of draft EEA Joint Committee Decisions and legal acts being considered for incorporation into the Agreement, including on:

Discussions took also place on modalities for reducing the time period between the entry into force of acts on the two sides, a work plan to assess the disputed EEA relevance of EU acts, and EEA EFTA participation in new EU programmes under the Multiannual Financial Framework 2014-2020.

The next meetings of Subcommittees I-IV and Joint Subcommittees I-IV are scheduled to take place on Tuesday 2 July 2013 in Brussels.

European Commission proposes to open negotiations for an investment agreement with China

May 24, http://europa.eu/rapid/press-release_IP-13-458_en.htm

The European Commission decided today to ask the Member States for their agreement on a mandate to open negotiations on an investment agreement with China. This is the first ever proposal for a stand-alone investment agreement since foreign direct investment became the exclusive competence of the EU under the Lisbon Treaty.

"An EU-China investment agreement will help deepen our ties and sends the signal that we are firmly committed to building a strong partnership", said EU Trade Commissioner Karel De Gucht. "The agreement needs to secure existing openness and deliver new liberalisation of the conditions for accessing each other's investment market. Crucially, it should also improve the treatment of investors and their assets - including key technologies and intellectual property rights. I look forward to working with the new Chinese government to reach a deal."

The negotiating directives for the EU-China investment negotiations will now be submitted to the Council, whose green light is needed for the Commission to start negotiations.

The decision to launch negotiations on a bilateral investment agreement had been taken by the EU and China at the 14th EU-China Summit held in February 2012 in Beijing.

An EU-China investment agreement would streamline the existing bilateral investment protection agreements between China and 26 EU Member States into a single, coherent text. The main objectives of an agreement at EU level are to improve the protection of EU investments in China as well as Chinese investments in Europe, improving legal certainty regarding treatment of EU investors in China, reducing barriers to investing in China and, as a result, increasing bilateral investment flows. It should also, crucially, cover improved access to the Chinese market - addressing important issues like mandatory joint ventures.

Once the Member States will have adopted the mandate, Europe hopes that formal talks can start soon, pending the Chinese authorities having concluded their internal procedures for adopting a negotiating mandate. This step on both sides confirms the willingness and commitment to a solid and expanding mutually beneficial trade and investment relation.

Trade flows between China and the EU are impressive, with goods and services worth well over €1 billion traded between both partners every day. However, the current investment flows between the EU and China fall short of the potential of the economic relationship of between two of the most important economic blocks on the planet: in 2011 European companies invested €17.5 billion in China, whereas, according to official Eurostat data, China invested €2.8 billion in the EU in the same year. Although these figures are on the rise, this still represents less than 3% of both sides' total FDI outflows. Hence, there is huge potential to further develop bilateral investment ties.

Finland to support Pakistan for Generalised Scheme of Preferences (GSP) Plus in EU

May 31, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/business/31-May-2013/finland-to-support-pakistan-for-gsp-plus-in-eu

KARACHI - Ambassador of Finland in Islamabad Rauli Suikkanen has recognised the vibrant role of KCCI in promotion of trade and industry. During his visit to Karachi Chamber of Commerce and Industry he stated that Pakistan holds geo-strategic location in the region. Pakistan is a vibrant country having immense trade potential and resources. In 2014 Inter Ministerial Meeting is planned for broad-based meeting including trade. FINPRO agency is committed to promote trade between Finland and friendly countries.

Freshfields rolls out female mentoring scheme to international bases

Jun 03, http://www.legalweek.com/legal-week/news/2271535/freshfields-rolls-out-female-mentoring-scheme-to-international-bases-as-firm-continues-diversity-drive

Freshfields Bruckhaus Deringer is rolling out a female associate mentoring scheme across its international offices as the firm continues its push to boost female partner numbers. The initiative, which is aimed at junior and mid-level female associates, initially launched in London in October last year and now has more than 60 associates signed up, equating to around one in three of the firm's junior to mid-level City ranks.

Guatemala sets example at investment summit

Jun 05, http://www.iccwbo.org/News/Articles/2013/Guatemala-sets-example-at-investment-summit/

The critical role that foreign direct investment (FDI) plays in fostering development, economic growth and job creation was underscored at the Guatemala Investment Summit last week. ICC took part in the high-level gathering which was opened by Guatemalan President Otto Perez Molina and featured special guest President of the United States of Mexico Enrique Peña Nieto, as well as keynote speaker former President of Chile Eduardo Frei.

Happy birthday, Swedish Arbitration Portal

Jun 04, http://www.sccinstitute.com/?id=23696&newsid=45855

One year has passed since the Swedish Arbitration Portal opened its doors to the international arbitration community.

Hong Kong's Consumer Council considers dispute resolution system for shoppers

May 30, http://www.consumer.org.hk/website/ws_en/news/press_releases/2013053001.html

It is envisaged that the Council will be actively engaged in the research and advocacy for the formation of "Consumer Class Action" and the development of regulation on such issues as pre-payment, corporate solvency, online shopping, cooling-off period, and a suitable arbitration model.

Hungary's Gov’t To Augment Expropriation Rights

Jun 05, http://www.xpatloop.com/news/73462

Fidesz MP István György, a deputy mayor of Budapest, filed a motion on Friday to expand the state’s power to expropriate properties. The need to find space for the offices and homes of MPs and official persons designated by Parliament would be sufficient justification for acquiring private properties.

IDFC becomes the first Indian Financial Institution to join the Equator Principles Association

Jun 03, http://www.equator-principles.com/index.php/all-adoption/adoption-news-by-year/92-adoption-news-2013/347

IDFC Limited announced its adoption of the Equator Principles, an internationally accepted credit risk management framework for determining, assessing and managing environmental and social risk in Project Finance transactions.

IMF's Christine Lagarde named witness, avoids charges in Tapie case

May 24, http://www.upi.com/Top_News/World-News/2013/05/24/IMF-chief-avoids-charges-in-French-arbitration-case/UPI-69911369437504/

UPI - International Monetary Fund chief Christine Lagarde says she has been named a witness, not a suspect, in a French case involving alleged misuse of funds.

IMF's Lagarde to be quizzed in French arbitration case

May 22, http://www.reuters.com/article/2013/05/22/us-imf-lagarde-france-idUSBRE94L0I920130522?feedType=RSS&feedName=worldNews

Reuters - IMF chief Christine Lagarde will be questioned by a French magistrate on Thursday over her role in a 285-million-euro ($366 million) arbitration payment made to a supporter of former president Nicolas Sarkozy.

India: Govt to permit conciliation with Vodafone, but under Indian laws - Firstpost

Jun 04, http://www.firstpost.com/business/govt-to-permit-conciliation-with-vodafone-but-under-indian-laws-840543.html

In what may come as a respite to Vodafone, the Indian government is set to permit conciliation in the tax dispute with the telecom major, but only under Indian laws. The cabinet was to consider the conciliation process to end dispute with Vodafone today. Reports said that because the current law does not provide for conciliation between a firm and the sovereign state, the government might consider amendments to the Income Tax Act, 1961, as well as the Arbitration and Conciliation Act, 1996, to resolve its Rs 14,000 crore tax dispute with Vodafone.

India: In tax row, government connects with Vodafone on conciliation

Jun 05, http://www.dnaindia.com/money/1844008/report-in-tax-row-government-connects-with-vodafone-on-conciliation

The Cabinet has accepted British telecom major Vodafone's request for a conciliation procedure to settle the Rs 14,000 crore ($2 billion) tax case relating to its controversial acquisition of Hutchison Whampoa's Indian mobile business in 2007.

India: No place for India on OECD bribery convention unless it enacts stricter laws at home

May 24, http://articles.economictimes.indiatimes.com/2013-05-24/news/39502234_1_oecd-bribery-indian-parliament

NEW DELHI: India will need stronger domestic laws on bribery before it can become signatory to the Organisation for Economic Cooperation and Development convention on bribery, a senior OECD official has said.

India: PSU battle possible for Haldia Petrochemicals

May 27, http://www.business-standard.com/article/companies/psu-battle-possible-for-haldia-petrochemicals-113052700022_1.html

Despite the many issues surrounding Haldia Petrochemicals (HPL), the race for acquiring the West Bengal government's stake in it might become a close contest between public sector undertakings (PSUs).

India: Supreme Court order boosts confidence on arbitration

May 27, http://timesofindia.indiatimes.com/city/mumbai/Supreme-Court-order-boosts-confidence-on-arbitration/articleshow/20285257.cms

MUMBAI: Highlighting the growth of arbitration as a dispute resolution mechanism in the country, a recent ruling by the Supreme Court has come as a boost of confidence in India as a seat of arbitration said lawyers of a leading law firm Nishith Desai Associates.

India: TCG cannot seek arbitration before ICC, Paris: Cal HC

Jun 05, http://www.business-standard.com/article/companies/tcg-cannot-seek-arbitration-before-icc-paris-cal-hc-113060401235_1.html

The Calcutta High Court today held that The Chatterjee Group, in its tussle with the West Bengal government over control of 155 million shares of Haldia Petrochemicals Limited (HPL), could not seek arbitration at the ICC in Paris as the matter has been decided in Company Law proceedings here.

Indonesia: Churchill Mining awaits jurisdiction hearing decision as arbitration continues

May 27, http://www.proactiveinvestors.co.uk/companies/news/57293/churchill-mining-awaits-jurisdiction-hearing-decision-as-arbitration-continues-57293.html

Churchill Mining (LON:CHL) updated on the latest in its arbitration proceedings against the Republic of Indonesia, saying a jurisdiction hearing had been held in Singapore.

It said the decision following the hearing, which was held on May 13 and 14, would be likely to take weeks or months and there is no fixed date.

The tribunal was dealing with the challenge from the Republic that the tribunal does not actually have jurisdiction to hear the group's claim for compensation.

As reported in March this year, the arbitration cases for Churchill and its subsidiary, Planet, have been consolidated into a single proceeding and will be heard together.

They are seeking compensation from the Republic after the expropriation of the firm's rights over the huge East Kutai coal mine in Indonesia.

Churchill and Planet were represented by the international law firm Quinn Emanuel Urquhart & Sullivan, LLP.

Iran: SEC Charges Total S.A. for Illegal Payments to Iranian Official; Release No. 2013-94; May 29, 2013

May 29, http://www.sec.gov/news/press/2013/2013-94.htm

Washington, D.C., May 29, 2013 — The Securities and Exchange Commission today charged France-based oil and gas company Total S.A. with violating the Foreign Corrupt Practices Act (FCPA) by paying $60 million in bribes to intermediaries of an Iranian government official who then exercised his influence to help the company obtain valuable contracts to develop significant oil and gas fields in Iran.

The SEC alleges that Total made more than $150 million in profits through the bribery scheme. Total attempted to cover up the true nature of the illegal payments by entering into sham consulting agreements with intermediaries of the Iranian official and mischaracterizing the bribes in its books and records as legitimate “business development expenses” related to the consulting agreements. Total had inadequate systems to properly review the consulting agreements and lacked sufficient internal controls to comply with federal laws prohibiting bribery.

Total, whose securities are publicly traded on the New York Stock Exchange, agreed to pay more than $398 million to settle the SEC’s charges and a parallel criminal matter announced today by the U.S. Department of Justice.

“Total used illicit payments to win business in Iran, and reaped substantial financial benefits as a result,” said Andrew M. Calamari, Director of the SEC’s New York Regional Office. “Total must now pay back all of its profits from the company’s corrupt conduct and additionally pay criminal penalties on top of that.”

According to the SEC’s order instituting settled administrative proceedings, Total negotiated a development contract in 1995 with the National Iranian Oil Company (NIOC) for the country’s Sirri A and E oil and gas fields. Prior to executing the contract, Total held a meeting with the Iranian official and agreed to enter into a purported consulting agreement with an intermediary he designated. They agreed that Total would make payments to the intermediary under the guise of a consulting agreement when the real purpose was to induce the Iranian official to use his influence to help obtain NIOC’s approval of the development agreement. After the contract was executed, Total corruptly made the bribery payments that resulted in NIOC allowing Total to develop the Sirri A and E oil and gas fields and make more than $150 million in profits.

The SEC’s order requires Total to pay disgorgement of $153 million in illicit profits and retain an independent compliance consultant to review and report on Total’s compliance with the FCPA. Total also must cease and desist from committing or causing any violations of Section 30A, Section 13(b)(2)(A), and Section 13(b)(2)(B) of the Securities Exchange Act of 1934.

In the parallel criminal proceedings, Total agreed to pay a $245.2 million penalty as part of a deferred prosecution agreement. Charges also were recommended today by the prosecutor of Paris (François Molins, Procureur de la République) of the Tribunal de Grande Instance de Paris for violations of French laws.

The SEC’s investigation was led by Sharon Binger, Alex Janghorbani, and Barry O’Connell of the New York Regional Office’s Enforcement Division with significant assistance from the SEC Enforcement Division’s FCPA Unit and the Department of Justice’s Criminal Division’s Fraud Section. The SEC also appreciates the assistance of French regulatory authorities.

Iran: Total S.A confirms resolution of U.S. investigation

May 29, http://www.total.com/en/about-total/news/news-940500.html&idActu=2994

In line with Total S.A’s announcement in July 2012 of an exceptional reserve, the company announced today that it has reached final agreements with the United States Department of Justice (DOJ) and United States Securities and Exchange Commission (SEC) putting an end to an investigation initiated in 2003 concerning petroleum contracts awarded in Iran in the 1990s. Following negotiations, Total S.A agreed to pay a total amount of $398.2 million to the U.S. government. The DOJ considered and acknowledged Total’s cooperation and disclosure over the course of several years. The DOJ also noted the age of the allegations.

The settlement with the SEC requires Total S.A to pay $153 million and to agree to take steps to avoid any violation. The DOJ has agreed not to prosecute Total S.A in return for Total S.A’s agreement to pay $245.2 million and to maintain and reinforce its ongoing compliance program. Total S.A will also appoint an independent French compliance monitor to review Total’s compliance program and to recommend possible improvements. These agreements end the U.S. investigation, which was initiated in 2003.

“These settlements, the outcome of which are customary in the United States, allow us to put an end to this investigation,” said Total’s CFO, Patrick de La Chevardière, “We look forward to continuing our work and in demonstrating our strong commitment to ensuring ethical and legal compliance with the laws around the world.”

The French investigation that started in 2006 has reached the stage of resolution. Total reaffirms that it has not committed any offense under applicable French law.

Iran: Total settles U.S. bribe probe for $398 mln; CEO may be tried

May 29, http://www.reuters.com/article/2013/05/29/total-iran-idUSL2N0EA1UE20130529

Irish EU Presidency, EU as Peacemaker

May 27, http://eu2013.ie/news/news-items/20130527euaspeacemaker/

The Irish Presidency of the Council of the EU, the European Parliament and the European External Action Service will host a conference at the European Parliament in Brussels on how to strengthen the mediation capacity of the EU.

Jack Grynberg Sues the World Bank Group and ICSID Over Concerns of Conflicts of Interest

May 31, http://www.prnewswire.com/news-releases/jack-grynberg-sues-the-world-bank-group-and-icsid-over-concerns-of-conflicts-of-interest-209710801.html

Jack Grynberg Sues the World Bank Group and ICSID Over Concerns of Conflicts of Interest

NEW YORK, /PRNewswire/ -- Mr Jack J. Grynberg, President and CEO of RSM Production Corporation (RSM), has on 29 May 2013 filed legal proceedings in the federal courts of the District of Columbia, USA against the World Bank Group, the International Centre for the Settlement of Investment Disputes (ICSID) and the Secretary General of ICSID, Meg Kennear.

The proceedings relate to RSM's concern that ICSID failed to provide open, transparent and independent adjudication of a case brought to it concerning RSM's investment in an oil exploration concession in the Central African Republic (CAR). This was due to an undisclosed and highly material conflict of interest by one of the members of the ad-hoc Committee.

...

TDM

Japan and Mozambique sign bilateral investment agreement

Jun 05, http://www.thisisafricaonline.com/Business/Legal-Bulletin/Mozambique-and-Japan-pen-investment-treaty

Japan signs its first bilateral investment agreement with a sub-Saharan country, promoting investment to Mozambique

Japan supports PH's UN arbitration bid on China row

May 23, http://www.abs-cbnnews.com/global-filipino/world/05/23/13/japan-supports-phs-un-arbitration-bid-china-row

TOKYO - The Japanese government expressed support for the Philippines' move to bring its disputes with China over territories in the South China Sea to the United Nations, the Philippine foreign ministry said Thursday.

Japan's Shinzo Abe hails Africa as 'growth centre'

Jun 05, http://www.bbc.co.uk/news/world-africa-22758464

Africa will be an engine for world growth in the coming decades and Japan has to invest more on the continent, Japan's prime minister has said. ... Japan pledged $32bn (£21bn) in aid to Africa, including money to tackle militant Islamists.

Japan-India: Daiichi was preparing for arbitration a month ago

May 31, http://expressindia.indianexpress.com/latest-news/Daiichi-was-preparing-for-arbitration-a-month-ago/1121505/

A month before Daiichi Sankyo spoke about legal action against Ranbaxy Laboratories’ former owners, the Japanese drug firm began preparing for it. On April 29, 2013, Daiichi, which bought Ranbaxy in June 2008 from promoters Malvinder Singh and family, filed five caveats in the Delhi High Court seeking to prevent any ex parte stay order against it. Sources say Daiichi is contemplating arbitration proceedings and wanted to ensure there was no ex parte stay against this.

Japan-India: Singapore could be possible site for Ranbaxy arbitration

Jun 03, http://www.business-standard.com/article/companies/singapore-could-be-possible-site-for-ranbaxy-arbitration-113060300004_1.html

If Daiichi Sankyo, the Japanese parent of Ranbaxy Laboratories, decides to pursue arbitration against the latter's previous promoters, this might be in Singapore, it is learnt.

Korea: Seoul opens international dispute arbitration center

May 27, http://www.koreaherald.com/view.php?ud=20130527000681

The Seoul International Dispute Resolution Center opened on Monday to help local and foreign companies operating in Korea settle international business disputes, officials said.The Korea Commercial Arbitration Board, the Seoul Metropolitan Government, lawyers and nonprofit organizations joined together to establish the IDRC.

Kuwait's Al-Azmi elected head of EU int'l arbitration center

Jun 03, http://www.kuna.net.kw/ArticleDetails.aspx?id=2314226&Language=en

Istiqlal Al-Azmi was selected here on Friday as the first Kuwaiti president of the international arbitration center of the EU. The uncontested election took place during the senior-level forum of heads of the centers of The Netherlands-based Union of Arab and Economic and Managers in the European Union (UAEM-EU), she told KUNA. ... The UAEM-EU, a non-profit organization aiming to promote technical cooperation between the Arab states and the EU member states, has more than 20 centers across the Arab region and Eurozone.

Kuwait's Kharafi group wins $930 million from Libya

May 20, http://uk.reuters.com/article/2013/05/20/uk-kharafi-libya-idUKBRE94J06C20130520

Reuters - Libya will have to pay Kuwait's Kharafi group $930 million (611 million pounds) in damages for former leader Muammar Gaddafi's cancelling of the construction of a vacation resort, Kuwaiti newspapers reported on Monday.

Kuwait: 'Prosecute' Dow payout

May 28, http://www.arabtimesonline.com/NewsDetails/tabid/96/smid/414/ArticleID/196704/reftab/36/Default.aspx

Kuwaiti MPs demanded on Tuesday a criminal action against former oil minister Hani Hussein a day after he resigned to avoid grilling in parliament over the payment of a $2.2-billion (1.7 billion euro) penalty to Dow Chemical.

Kuwaiti oil minister quits over Dow Chemical's compensation win

May 28, http://www.ft.com/intl/cms/s/0/1d6d5cee-c6e3-11e2-a861-00144feab7de.html

Kuwait's oil minister has quit in the fallout over a $2.2bn government compensation payment to Dow Chemical of the US, in a row that is a perfect storm of the political troubles facing the rich but restless Gulf petrostate.

LEADR NZ becomes part of international organisation

May 23, http://www.voxy.co.nz/business/leadr-nz-becomes-part-international-organisation/5/156225

"This move reflects the maturing of the Alternative Dispute Resolution (ADR) sector in both countries" said Mark Beech. "We operate in a globalised world - our ADR professionals will increasingly set the dispute resolution agenda domestically and in the Asia Pacific region. LEADR plays a vital role in developing skilled ADR practitioners to meet the growing preference for ADR. An integrated LEADR is the professional organisation that will support and encourage this expanding horizon."

Lithuania: Award in favour of Mr. Luigi Bosca ... Republic of Lithuania breached its obligation to grant just and fair treatment.

May 17, http://www.ma-law.lt/index.php?id=1865

On 17 May 2013, the arbitral tribunal, composed of the Hon. Marc Lalonde (Presiding arbitrator) along with Mr. Daniel Price and Prof. Brigitte Stern, issued an award in favour of Mr. Luigi Bosca in which it was declared that the Republic of Lithuania had breached its obligation to grant just and fair treatment to the claimant.

Mr. Luigi Bosca announced that he was pleased with the successful result in the international arbitration award released on 17 May 2013, which had confirmed the liability of the Republic of Lithuania for its illegal treatment of him under international law and the International Investment Agreement between Italy and Lithuania. He, in particular, wished to express his gratitude to the three-member Tribunal for their decision.

Mr. Bosca's claims were made in relation to the privatization process and illegal annulment of his successful bid for A.B. Alita ("Alita"), a leading Lithuanian alcoholic beverage producer. The illegality of Lithuania's treatment of Mr. Bosca under Lithuania law had earlier been determined by the Lithuanian Supreme Court, the Lithuanian Constitutional Court, and the Lithuanian Parliament (the Seimas) through a special "Investigation Commission". As noted in the Tribunal's award, "The Claimant has been successful on the issues of admissibility, jurisdiction and liability and on the principle of damages." The Tribunal specifically confirmed Lithuania's breach of its international obligations to provide Mr. Bosca with fair and equitable treatment stating that "...the actions of the Respondent vis-à-vis the Claimant during September and October 2003 constituted a breach of Article 2(2) of the Agreement concerning just and fair treatment and that the Respondent is liable for the damages resulting from such behaviour. The legitimate and reasonable expectations of the Claimant resulting from his selection as the winning bidder were illegally frustrated by the Respondent's authorities."

"We are pleased we were able to help vindicate Luigi Bosca in such a meritorious case", added Mr. Bosca's international arbitration Counsel, Stuart H. Newberger, a senior partner of the international law firm Crowell & Moring LLP based in Washington, D.C.

"This investor-state arbitration case marks a landmark decision for the Republic of Lithuania as the first case in the legal history of Lithuania where the investor-state tribunal had declared the Republic of Lithuania liable for its conduct under the bilateral investment agreement. We are extremely pleased we were a part of the legal team representing Mr. Bosca in this historical case", said Mr. Ramunas Audzevicius, co-counsel for the claimant.

London School of Economics (LSE) Department of Law - Executive LLM starting in the autumn of 2013 (new)

May 24, http://www.lse.ac.uk/collections/law/programmes/ellm/welcome.htm

In the autumn of 2013 LSE will offer a new LLM programme, the Executive LLM. Students on the programme will study for the LLM by taking a set of intensive modules over a period of three to four years. ... The programme offers modules in a broad range of fields including arbitration, human rights and international law, and corporate, commercial and financial law.

Malawi protests Tanzania plans to deploy vessels on lake

Jun 03, http://www.euronews.com/newswires/1977290-malawi-protests-tanzania-plans-to-deploy-vessels-on-lake/

Reuters - Malawi has protested against plans by its neighbour Tanzania to deploy two ships on Lake Malawi, which it says threaten mediation efforts to resolve a long-standing border dispute.

Malaysia pushes joint development to solve Asia sea disputes

Jun 06, http://businessmirror.com.ph/index.php/business/asean-economic-community/14542-malaysia-pushes-joint-development-to-solve-asia-sea-disputes

Malaysian Prime Minister Najib Razak called for claimants in the South China Sea to jointly develop resources to avoid conflict and prevent “extraregional states” from becoming involved.

Malta: PN says Enemalta should not have dropped arbitration on BWSC claims

May 22, http://maltatoday.com.mt/en/newsdetails/news/national/PN-says-Enemalta-should-not-have-dropped-arbitration-on-BWSC-claims-20130522

The Opposition has accused the government of refusing to contest €9 million in claims from Danish contractor BWSC, after Enemalta and the supplier of the Delimara power station extension reached an agreement not to pursue arbitration claims in London.

Manuel Pimentel: "En el arbitraje no debemos llorar más, sino volcarnos en hacer las cosas bien"

Jun 03, http://www.aeade.org/component/k2/item/308-manuel-pimentel-el-arbitraje-va-siendo-conocido-tanto-por-las-empresas-como-por-sus-abogados-su-grado-de-uso-es-bajo-y-su-crecimiento-lento

Abogado, colegiado en el ICAM, Ingeniero Agrónomo y Diplomado en Alta Dirección de Empresas. Tiene experiencia empresarial y profesional como mediador y árbitro, y también desarrolló una actividad política como diputado, Secretario General de Empleo y Ministro de Trabajo y Asuntos Sociales. Ha realizado varios arbitrajes ad hoc, algunos en equidad, como el que finalizó con el laudo que dictó el convenio entre AENA y el sindicato de Controladores. También ha desarrollado mediaciones mercantiles y de carácter laboral, como la desarrollada entre Iberia y Sepla. En la actualidad preside la Asociación Española de Empresas de Consultoría (AEC), es of Councel de la firma de Abogados Baker&McKenzie y dirige la firma PIMENTEL dedicada en exclusivo a la Resolución Extrajudicial de Conflictos.

Mother Russia calls for its offshore money back

Jun 03, http://themoscownews.com/business/20130603/191572525/Mother-Russia-calls-for-its-offshore-money-back.html

The declared heading for the "de-offshorization" of the economy will not necessarily lead Russia to prosperity. According to experts, the existence of offshore havens is evidence of businesses' disappointment with the investment climate, the judicial and legal system, and inadequate protection of property rights. Instead of administrative measures, the creation of an international financial center in Moscow and improved conditions for doing business in Russia could help bring money back from offshore zones.

Namibia: NAC and GIPF sign arbitration agreement

May 28, http://www.namibian.com.na/news-articles/national/full-story/archive/2013/may/article/nac-and-gipf-sign-arbitration-agreement/

THE Namibia Airports Company (NAC) and the Government Institutions Pension Fund (GIPF) have signed an agreement for arbitration on the dispute over payments to be made to retrenched NAC employees.

Netherlands: New tax treaty signed with China

May 31, http://www.government.nl/news/2013/05/31/new-tax-treaty-signed-with-china.html

On Friday, 31 May 2013, Mr Weekers, State Secretary of Finance of the Kingdom of The Netherlands, and Mr Wang Li, People's Republic of China, signed the new tax treaty with China in Beijing.

The treaty replaces the current treaty of 1987 and has been updated and improved in a number of items. For instance, the new treaty includes a modern provision about the exchange of information and offers the opportunity to pay a so-called intercompany dividend for a 5% rate to the parent company in the other country.

State Secretary Weekers: "These past few years China underwent a huge development and I am happy that we have a modern treaty now with such an important trading partner. Many Chinese companies are active already in the Netherlands and I hope that this new treaty will be an extra incentive for even more investments in the Netherlands. It will provide employment."

Nigeria: Issues as stakeholders reject Arbitration Commission Bill

May 23, http://dailyindependentnig.com/2013/05/issues-as-stakeholders-reject-arbitration-commission-bill/

The stakeholders in the Arbitration sector met in Lagos last Friday for an emergency meeting to discuss the Bill for the establishment of the National Alternative Dispute Resolution Regulatory Commission which has scaled the second reading at the Lower Chamber of the National Assembly. The Bill, in essence, seeks to regulate Arbitration practice in Nigeria which the stakeholders regarded as unnecessary and even offensive to Constitutional provision. LAW EDITOR, Adam Adedimeji and SENIOR LAW REPORTER, Tunde Opeseitan captured proceedings at the meeting.

Nigeria: Sovereign Investment Authority Swings Into Action

May 27, http://allafrica.com/stories/201305271811.html

The consensus of investment analysts last week was that with the recent approval of an investment allocation of $850 million for the three investment windows of the Sovereign Investment Fund, the management of the Sovereign Investment Authority has demonstrated its resolve not only to provide a buffer for the economy but also to bridge the infrastructure gap in Nigeria, reports Festus Akanbi

Nigerian Government Recovers Ajeokuta Steel From Indian Firm

May 23, http://www.channelstv.com/home/2013/05/23/nigerian-government-recovers-ajeokuta-steel-from-indian-firm/

After years of litigation, the Federal Government of Nigeria has recovered the Ajaokuta Steel Complex in Kogi State. Speaking in an interview with journalists at the National Assembly complex, a Senator lawmaker representing Kogi state, Smart Adeyemi said the federal government is also in the process of negotiating the return of the Iron Ore Mining Company, Itakpe, also the state.

The Federal Government has been locked in arbitration with Global Steel Holdings Limited (GSHL) and Global Infrastructure Limited at the International Chamber of Commerce (ICC), London, for the return of Ajaokuta since 2007.

Oman: Ministry monitoring firms under Foreign Capital Investment Law

May 31, http://www.omantribune.com/index.php?page=news&id=145213&heading=Oman

MUSCAT The Ministry of Commerce and Industry has begun monitoring the activities of companies under the Foreign Capital Investment Law. Preliminary data indicate that a number of companies do not have a known address and have neither practised the registered activities nor have they submitted their final accounts.

Pakistan: Karkey Power Plant: suit filed in Admiralty Court

May 28, http://www.brecorder.com/fuel-a-energy/193/1190000/

Pakistan has filed a suit against 231 MW Karkey Rental Power Plant in Admiralty Court Karachi through Lakhra Power Company aimed at formally arresting the power plant carrying ship in the sea, well-informed sources told Business Recorder. Karkey''s case does not fall in the jurisdiction of civil court that''s why the case has been filed in the Admiralty Court.

Panama: Una reclamación millonaria de constructores del Canal de Panamá tendrá que ir a arbitraje

Jun 05, http://www.eleconomista.es/interstitial/volver/acierto-abril/construccion-inmobiliario/noticias/4876566/06/13/Una-reclamacion-millonaria-de-constructores-del-Canal-de-Panama-tendra-que-ir-a-arbitraje.html

Panamá, 2 jun (EFE).- La reclamación millonaria del Grupo Unidos por el Canal (GUPC), liderada por Sacyr Vallehermoso, tendrá que resolverse en un arbitraje internacional independiente, lo que deja en situación de incertidumbre a la citada constructora española.

Países del Alba proponen evadir esquemas de arbitraje

Apr 24, http://www.eluniversal.com/economia/130424/paises-del-alba-proponen-evadir-esquemas-de-arbitraje

Quito.- La Alternativa Bolivariana para los pueblos de América (ALBA) decidió crear un mecanismo de coordinación regional para la defensa conjunta en procesos de arbitraje internacional interpuestos por transnacionales.

PDVSA wins arbitration case against Opic Karimun

May 30, http://www.worldoil.com/PDVSA_won_arbitration_case_against_Opic_Karimun.html

CARACAS -- A top international arbitration court has ruled in favor of the Venezuelan government, which had been sued by Opic Karimun for compensation over nationalized oil assets, the South American country's state energy giant PDVSA, said.

In a statement, PDVSA declared a "triumph" in the case, which was filed at the World Bank's International Centre for Settlement of Investment Disputes in 2010.

PDVSA: Nueva victoria ante tribunales internacionales - CIADI falla a favor de Venezuela en caso Opic

May 28, http://www.pdvsa.com/index.php?tpl=interface.sp/design/salaprensa/readnew.tpl.html&newsid_obj_id=11002&newsid_temas=1

Caracas, 28 de Mayo de 2013.- Una vez más la República Bolivariana de Venezuela triunfa en un caso interpuesto ante el Centro Internacional para el Arreglo de Diferencias Relativas a Inversiones (Ciadi). En este caso la empresa demandante fue Opic Karimun Corporation, quien no pudo lograr un acuerdo con el Estado venezolano en relación con la compensación por la afectación de los convenios en los que venían trabajando.

Los demandantes se apegaron al artículo 22 de la Ley sobre Promoción y Protección de Inversiones del 03 de octubre de 1999, que establece que las controversias surgidas entre un inversionista internacional, cuyo país de origen posea con el Estado venezolano un Tratado Bilateral de Inversión, pueden ser sometidas al arbitraje internacional. En este caso no existía ninguno que le amparara, razón por la cual los jueces dieron el fallo a favor de Venezuela.

El laudo fue dictado este 28 de mayo de 2013, y se constituye en el quinto triunfo para el país por la misma causa ante un tribunal internacional. Anteriormente, el Gobierno Bolivariano obtuvo la victoria en los casos interpuestos por ExxonMobil, Cemex, Brandes Investment Partners y Tidewater Inc, quienes también se fundamentaron en el mencionado artículo.

Opic Karimun Corporation es una sociedad constituida bajo las Leyes de Panamá, que desarrollaba actividades en dos bloques del Golfo de Paria, bajo la figura de Convenio de Asociación a Riesgo y Ganancias Compartidas.

De acuerdo con la Política de Plena Soberanía Petrolera, el 26 de febrero de 2007, el Gobierno Bolivariano de Venezuela dictó el decreto N° 5.200 con rango, valor y fuerza de Ley de Migración a Empresas Mixtas de Convenios de Asociación de la Faja Petrolífera del Orinoco; así como de los Convenios de Asociación a Riesgo y Ganancias Compartidas existentes en el Golfo de Paria.

Culminado el proceso de migración a empresas mixtas, que se desarrolló de acuerdo con un cronograma establecido previamente, se concretó de manera exitosa la nacionalización de las operaciones petroleras en el país.

Perú anuncia creación corte arbitraje para resolver conflictos territoriales

May 22, http://noticias.lainformacion.com/politica/ejecutivo-gobierno/peru-anuncia-creacion-corte-arbitraje-para-resolver-conflictos-territoriales_TIcyHpDLl8CsFxmSUvlP71/

El gobierno peruano anunció hoy la creación de un tribunal arbitral, formado por tres personas, para solucionar los conflictos de un centenar de provincias que carecen de delimitación territorial definida.

PetroChina locked out in Indonesia gas dispute - The Economic Times

May 27, http://economictimes.indiatimes.com/news/international-business/petrochina-locked-out-in-indonesia-gas-dispute/articleshow/20296284.cms

JAKARTA: PetroChina International Co. Ltd said on Monday that access to 14 of its oil and gas wells in Sumatra island, Indonesia, had been blocked by a local government hoping to secure energy supply.

President Maduro announces the inclusion of Honduras and Guatemala in Petrocaribe

May 5, http://www.pdvsa.com/index.php?tpl=interface.en/design/salaprensa/readnew.tpl.html&newsid_obj_id=10956&newsid_temas=1

Caracas.- Nicolás Maduro, president of the Bolivarian Republic of Venezuela, announced the inclusion of two members in Petrocaribe, Honduras and Guatemala. Both nations belong to the Central American region.

Maduro emphasized that these accessions were made thanks to the consensus of all the participants in the Seventh Petrocaribe Summit of Heads of State and Government, who approved the immediate accession of the aforementioned nations as full member States of the Regional Integration Agreement and all the mechanisms that this alliance represents.

Another one of the issues that were dealt with was the creation of an economic zone, which will consider all aspects of investment, commerce, shared development and the mechanisms of energy, economic and financial stability of the countries of the Latin American and Caribbean bloc.

Air connectivity plan

President Maduro announced the creation of a special air connectivity plan that includes alliances with public and private companies among Petrocaribe member nations to end with the restrictions that cause neighboring countries to make hours-long journeys that could be made in less time. This will make easier the exchange among our peoples.

“As some of the ministers said this Saturday, for a friend from Suriname to arrive in Caracas, they must go to Miami and then come down, almost the equivalent of a trip to Europe; this situation in the 21st century is unforgivable”, stated Maduro.

President Maduro indicated that the final declaration of this Petrocaribe Seventh Summit of Heads of State and Government will be made officially from the Cuartel de la Montaña, where the visiting Heads of State will pay tribute with regard to two months of the passing of the Eternal Commander, Hugo Chávez Frías.

Presidentes de Costa Rica y Colombia firmaron Tratado de Libre Comercio

May 30, http://www.presidencia.go.cr/index.php/prensa/prensa-presidencia/2208-presidentes-de-costa-rica-y-colombia-firmaron-tratado-de-libre-comercio

Cali, Colombia. 22 de mayo de 2013. Esta noche,en el marco de la VII Cumbre de la Alianza del Pacífico, la presidenta de la República de Costa Rica, Laura Chinchilla Miranda y su homólogo colombiano, Juan Manuel Santos, firmaron el Tratado de Libre Comercio entre ambos países. La ministra de Comercio Exterior costarricense, Anabel González, y el ministro Sergio Díaz-Granados, fueron testigos de honor en un acto formal que presenciaron empresarios y miembros de la prensa.

"Costa Rica comparte con Colombia una misma visión de desarrollo e internacionalización; las similitudes que nos unen en diferentes campos, hoy se fortalecen con la firma de este tratado comercial. Además, este tratado es fundamental para ingresar a la Alianza del Pacífico, lo que esperamos que se concrete en esta Cumbre" declaró la Presidenta Chinchilla.

Por su parte, la Ministra González explicó que este TLC fortalece la relación costarricense con Suramérica, vigoriza la relación existente con Colombia y abre la oportunidad de participar de una plataforma regional. "En el último año, Colombia ocupó el segundo lugar como destino de los productos costarricenses exportados a Suramérica y es la segunda fuente de origen de importaciones de esa región. Sin embargo, este tratado va más allá, representa un paso determinante para la incorporación de Costa Rica como Estado Parte de la Alianza del Pacífico, la cual crea las condiciones para que Costa Rica se vincule de forma más profunda con economías que desempeñan un papel clave en América Latina -Chile, Colombia, México y Perú- y que aproveche este mecanismo de proyección a la región Asia-Pacífico" detalló la Ministra González.

Este es un tratado comercial moderno, que establece un marco jurídico con reglas claras, estables y transparentes, que brinda seguridad y confianza a las relaciones comerciales y de inversión existentes. El acuerdo fomenta también un ambiente favorable para el desarrollo de nuevas inversiones en ambas vías, y para el incremento de los niveles de comercio y cooperación. Por otra parte, cuenta con elementos innovadores, como la promoción de la interoperabilidad de las ventanillas únicas de comercio exterior, con el objetivo de simplificar y facilitar la transmisión de datos en las operaciones comerciales; e incorpora por primera vez la defensa del consumidor a través de mecanismos de cooperación, notificaciones, e intercambio de información entre las autoridades competentes. Tras esta firma el tratado deberá ser remitido a los respectivos congresos para su aprobación.

La negociación de este tratado inició el 30 de julio del año pasado, tras el lanzamiento hecho por los Presidentes Chinchilla y Santos, durante la visita que este último realizó a San José. En esa ocasión acordaron iniciar el proceso de negociación bajo un enfoque pragmático y sencillo, que tuviera como base la experiencia de ambos países en otros procesos de negociación.

El intercambio comercial entre Costa Rica y Colombia se duplicó en la última década, al pasar de US$191 millones en el 2002 hasta US$390 millones en el 2012. En el 2012, las ventas hacia este mercado ascendieron a US$63 millones, 30,5% más que el valor registrado en el 2011. Este incremento derivó del crecimiento en las exportaciones de plomo en bruto, artículos y aparatos de prótesis, medicamentos y neumáticos. Además, en el 2012 se registró la participación de 56 empresas que no habían exportado hacia Colombia, lo cual implica que 42% de las empresas exportadoras desarrollaron la capacidad para ingresar a ese mercado. En lo que se refiere a importaciones, estas sumaron US$326,8 millones, destacándose: polipropileno, fungicidas, perfumes, medicamentos, maquillaje, y poliestirenos.

En lo que se refiere a inversión, la presencia colombiana en Costa Rica es muy importante y se materializa en el sector agrícola, en la manufactura de productos y materiales de construcción, en el sector textil, en banca, en supermercados y en otra serie de campos. Empresas como Metalco, Pintuco, Grupo Nutresa, Davivienda y el Grupo Aval, son algunos ejemplos. Por su parte, Costa Rica también tiene inversiones en Colombia en campos de tubería plástica, cafeterías, tiendas y software, entre otros.

En Colombia, de forma paralela a la Cumbre, se realiza un encuentro empresarial en el que participan empresarios costarricenses, con el objetivo de explorar las nuevas oportunidades que ofrece este mercado.

Royal Bank of Canada (RBC) Loses Finra Arbitration Over Lehman Stock Advice

May 30, http://www.bloomberg.com/news/2013-05-30/rbc-fined-by-finra-after-investor-told-lehman-won-t-fail.html

Royal Bank of Canada, the country's largest lender, was ordered to pay more than $800,000 to a U.S. couple over their losses on investments including Lehman Brothers Holdings Inc. preferred stock.

Russia seeks amicable solution of Iran S-300 lawsuit

Jun 01, http://www.business-standard.com/article/news-ians/russia-seeks-amicable-solution-of-iran-s-300-lawsuit-113060100103_1.html

IANS/RIA Novosti - Moscow is trying to persuade Tehran to withdraw its lawsuit against Russia's state-run arms export company Rosoboronexport over a cancelled deal to supply S-300 air defence systems to Iran.

Russia: Gazprom to demand $7 billion for insufficient gas imports to Ukraine

Jun 04, http://en.for-ua.com/news/2013/06/04/115725.html

Dealing with the issue of insufficient gas imports to Ukraine, Russian gas monopoly "Gazprom" will act in accordance with the signed contract in 2009, deputy head of "Gazprom", director general of "Gazprom Export" Oleksandr Medvedev told a news conference in Moscow.

Russia: Rosneft minority investors deserve better - FT.com

Jun 03, http://www.ft.com/intl/cms/s/0/3d914c20-c886-11e2-acc6-00144feab7de.html#axzz2UZMdcHjZ

Rosneft's $55bn takeover of TNK-BP in March was in many ways a step forward for Russian business and corporate governance.

Russia: Top Judge Proposes Jury Trials for Arbitration Courts

May 27, http://www.themoscowtimes.com/business/article/top-judge-proposes-jury-trials-for-arbitration-courts/480595.html

Supreme Arbitration Court head Anton Ivanov on Monday proposed introducing jury trials in arbitration court hearings, a move that could make the court system more transparent.

Rwanda: Arbitration Centre Wants More Powers

May 24, http://allafrica.com/stories/201305241020.html

Kigali International Arbitration Centre (KIAC) has said it will next week convene a meeting with regional partners to seek the expansion of the centre's mandate to be able to handle matters of international nature.

San Marino Adopts Electronic Commerce Law Based on UNCITRAL Texts

May 24, http://www.unis.unvienna.org/unis/pressrels/2013/unisl184.html

Another Milestone in Creating a Business-Friendly Legal Environment in the Landlocked State

VIENNA, 24 May (UN Information Service) - With the passage through Parliament of the "Law on the Use of Electronic Communications and on Electronic Commerce", San Marino has enacted the UNCITRAL Model Law on Electronic Commerce, the UNCITRAL Model Law on Electronic Signatures as well as some substantive provisions of the United Nations Convention on the Use of Electronic Communications in International Contracts.

The UNCITRAL Model Law on Electronic Commerce (MLEC), first adopted in 1996, enables commerce conducted using electronic means by providing national legislators with a set of internationally acceptable rules aimed at removing legal obstacles and increasing legal predictability for electronic commerce. In particular, it is intended to overcome obstacles arising from statutory provisions that may not be varied contractually by providing equal treatment to paper-based and electronic information. Such equal treatment is essential for enabling the use of paperless communication, thus fostering efficiency in international trade. The MLEC has already been adopted by some 50 States. The updated and detailed status of the MLEC is available on the UNCITRAL website.

The UNCITRAL Model Law on Electronic Signatures (MLES), concluded in 2001, facilitates the use of electronic signatures by establishing criteria of technical reliability for the equivalence between electronic and hand-written signatures. Thus, it can assist States in establishing a modern, harmonized and fair legislative framework to address effectively the legal treatment of electronic signatures and give certainty to their status. The MLES is in force in more than 20 states. The updated and detailed status of the MLES is available on the UNCITRAL website.

The domestic enactment of these two model laws, and of the substantive provisions of the United Nations Convention on the Use of Electronic Communications in International Contracts that are meant to complement and update the model laws, provides San Marino with modern uniform legislation in the field of electronic transactions.

The "Law on the Use of Electronic Communications and on Electronic Commerce" was drafted in the context of a joint initiative between the Government of San Marino and the UNCITRAL Secretariat aimed at modernizing the law of international sale of goods and of electronic transactions in that country. In particular, trade law reform has been identified as a useful step to pursue closer integration of San Marino in the global economy. Moreover, the development of electronic commerce is deemed particularly relevant to foster economic development in light of the landlocked nature and the small size of the country. In the context of the same exercise, San Marino has become a party to the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG entered into force in San Marino on 1 March 2013.

Saudi Arabia to develop commercial arbitration

May 30, http://arabnews.com/news/453386

Custodian of the Two Holy Mosques King Abdullah has allocated around $ 2 billion (SR 7.5 billion) for the development of the Saudi judicial system with special reference to the field of international commercial arbitration, thereby representing one of the leading developments in the International Chamber of Commerce (ICC).

Saudi Arabia: 37 women complete arbitration course - GCCAC, JCCI

May 31, http://www.arabnews.com/node/453495

In a first for the country, four Saudi women here have graduated from an arbitration course run jointly by the Jeddah Chamber of Commerce and Industry (JCCI) and the Gulf Cooperation Council Commercial Arbitration Center (GCCAC).

Saudi Arabia: Cooperation with ICA sought

May 29, http://arabnews.com/news/453286

The ICC arbitration commission at the Council of Saudi Chambers will hold a meeting today with officials from the International Court of Arbitration and ICC Paris where they will discuss methods of cooperation in the arbitration field.

Saudi Arabia: Tribunal orders Limitless to return Dh11m to Saudi investor

Jun 05, http://www.thenational.ae/business/industry-insights/property/tribunal-orders-limitless-to-return-dh11m-to-saudi-investor

Judges Sir Anthony Evans and Sir David Steel ruled in favour of Said Ali Alangari, the founder of Al Gihaz Holdings, a Saudi Arabian developer worth hundreds of millions of dollars, in a high profile case at the Dubai World Tribunal this week.

Slovakia: Dutch insurer Achmea seizes Slovak assets

May 23, https://www.achmea.com/press/paginas/dutch-insurer-achmea-seizes-slovak-assets.aspx

A Luxembourg court ordered the setting aside of EUR 29.5 million in Slovak funds seized by Dutch insurer Achmea, owner of Union zdravotná poistovna. The money - now lodged in various bank accounts in Luxembourg - is to be deposited in a special bank account where it remains outside the reach of Slovakia. After the successful completion of the relevant legal procedures in Luxembourg the money will be transferred to Achmea.

In recent weeks Achmea managed to seize substantial amounts of Slovak financial assets, lodged in various bank accounts in Luxembourg. Today's court order takes into account the magnitude of the sums Achmea is entitled to receive from Slovakia. Achmea was authorized to seize Slovak assets after obtaining prior court approval to enforce in Luxembourg an arbitral award rendered in Achmea's favour on December 7, 2012. The Luxembourg court based its approval to enforce the award on the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards ('New York Convention').

The seizure of Slovak assets follows the December 2012 award of an International Arbitral Tribunal that ruled that the Slovak Republic had breached relevant provisions of the 1992 Bilateral Investment Treaty between The Netherlands and the Slovak Republic. The Slovak Republic was ordered to pay Achmea compensation for losses suffered as a result of measures that had restricted Achmea's rights as the owner of Slovak health insurer Union zdravotná poistovna. The Slovak Republic also was ordered to reimburse Achmea's legal fees. Despite repeated requests for the transfer of these monies the Slovak Republic persisted in a refusal to pay, forcing Achmea to take more drastic steps.

Achmea's Chairman of the Board Willem van Duin explains: "By seizing these funds we exercise our right to enforce the claim as it was granted in the Award by the International Tribunal. We asked the Slovak Republic several times to take its responsibility as an EU-member and live up to its obligations. Until today, they refrained from doing so. Achmea has pointed out several times that it would use all legal means available to exercise its rights."

Slovakia: Insurer takes steps to get €29.5m

Jun 03, http://spectator.sme.sk/articles/view/50238/3/insurer_takes_steps_to_get_295m.html

... Six months later, a Luxembourg court has sided with Achmea and ordered the sequestration of €29.5 million in assets owned by Slovakia as part of a legal action brought against the country by the private insurer over controversial legislation which prevented privately-owned public health insurers from retaining profits or distributing them to shareholders.

Somalia: Foreign Minister Addresses National Issues at the SORIC Investment Conference in Kenya

May 31, http://somalilandsun.com/index.php/politics/government/3023-somaliland-foreign-minister-addresses-national-issues-at-the-soric-investment-conference-in-kenya

The minister of foreign affairs Dr Mohamed Abdilahi Omar currently in Nairobi Kenya on official duties pertaining to UN protocols discussions took time to participate at the on-going business and investment promotion conference organised by a Somaliland-registered company, Hanvard, and attended by Somaliland, Somalia and Kenya officials and business companies at the at the Kenyatta International Conference Centre.

South Africa can't get away with just digging dirt - Paul Jourdan

Jun 04, http://www.miningweekly.com/article/south-africa-cant-get-away-with-just-digging-dirt-paul-jourdan-2013-06-04

CAPE TOWN (miningweekly.com) - While Australia could get away with mining minerals and exporting them without paying attention to local value addition, South Africa could not, independent South African mineral policy analyst Paul Jourdan told the International Mining and Metals third African Iron Ore conference here.

Spain: Bankia losses could incite arbitration process

May 24, http://www.eleconomista.es/seleccion-ee/noticias/4851163/05/13/Bankia-losses-call-for-arbitration-process.html

It's expected that minority shareholders will petition for an arbitration if they can prove that there was any unsavory machinations or carelessness on Bankia's part.

Spain: Repsol's Brufau threatens to take legal actions against Argentina

May 31, http://www.buenosairesherald.com/article/132434/repsols-brufau-threatens-to-take-legal-actions-against-argentina-

Head of Repsol Antonio Brufau threatened to take legal actions against Argentina's allegations accusing him of "irregular payments" during the Spanish administration of YPF.

Statement of social movements and civil society organisations regarding the proposals of the I Ministerial Conference of Latin American States affected by the interests of transnationals

May 30, http://justinvestment.org/2013/06/statement-of-social-movements-and-civil-society-organisations-regarding-the-proposals-of-the-i-ministerial-conference-of-latin-american-states-affected-by-the-interests-of-transnationals-2/

As social movements and civil society organisations, we consider International Investment Agreements (IIAs) - such as the Bilateral Investment Treaties (BITs) and investment chapters in the Free Trade Agreements (FTAs) and other similar, so called, Association Agreements - to be part of an architecture of impunity of transnational corporations (TNCs). As such they undermine peoples' and nature's rights, as well as the sovereignty and constitutions of nations, democracy and the public interest. These agreements further consolidate the asymmetry of laws that propagate that the rights and power of corporations are protected by 'hard law' and are above the rights of peoples and communities. We believe that Nation-states should have not only the obligation but also the full freedom to implement laws and policies in favour of the people and the environment, without the threat of being sued by transnational capital.

For this reason, for many years, we have been promoting and we are part of active national, regional and international campaigns like the struggles against the Multilateral Agreement on Investment (MAI), the FTAA, the WTO, and later the struggles against BITs and FTAs from the European Union, the United States and Canada with developing countries; the Trans-Pacific Partnership Agreement (TPP); and the Transatlantic Trade and Investment Partnership (TTIP). We also form part of the continental campaign against BITs and for a new regional financial architecture, and the Global Campaign Dismantle Corporate Power and Stop Impunity, among others.

In this regard, we propose advancing an alternative legal framework for international economic relations that is based on democratic principles of solidarity and justice, and prioritises the rights of humans and nature over private interests and profits. This framework should include binding obligations for private and public transnational corporations on issues of human rights, as well as economic, labour, social rights, and respect for mother nature. It should also guarantee governments' possibility to enact public policy for the realisation of these rights. In this context, any investment agreement should also include a mechanism for public participation and democratic discussion with representatives of the relevant social sectors.

Therefore, we, the undersigned organisations:

1) Express our solidarity with the people who suffer daily the impacts and consequences of the actions of corporations, either private or public. We also recognize the efforts of people and governments that have undertaken specific actions to prevent harmful corporate investments and ensure that sovereignty, self-determination and the rights of peoples and nature are respected.

2) Reject the demands of investors and transnational corporations in international tribunals, and particularly the billionaires' arbitration awards against States. These tribunals that overwhelmingly represent the interests of transnational capital over the interests of people from sued countries. We reiterate our solidarity with the people and countries affected, along with our demand that States annul, denounce and stop signing the various agreements and treaties that unlawfully subjected them to foreign jurisdictions and violate rights.

3) In the same spirit, we welcome the organisation of the First Ministerial Conference of Latin American States affected by transnational interests, held in Guayaquil, Ecuador, on 22 Aprill. We remain hopeful that this initiative flourishes, especially because of the urgent need to put an end to transnational investments from private or public capital that do not contribute to the good living of people and of nature.

4) Taking note of the various proposals included in the final declaration of the Conference, we support the creation of an International Observatory on investment disputes, the establishment of the Permanent Conference of Latin American States affected by the interests of transnational corporations; and the search of global agreements between countries of the South that reinforces the defense of our people and countries against the actions of transnational corporations. We are committed to contribute timely to these processes with our experience, observations and recommendations.

We will remain vigilant to make this happen, with the hope that this initiative is not limited to private transnational corporations but also covers state corporations as well as a comprehensive mechanism for repairing the impacts on people and nature.

5) Taking note that the Declaration refers to the need to create mechanisms for ongoing dialogue with social movements and organisations. We believe that such mechanisms could be a step conducive to the creation and consolidation of a process of direct participation of the people and movements. We offer the knowledge and experience of our organizations and movements, accumulated over decades of work, to contribute to the task at hand. We are ready to start a dialogue to discuss the way forward in making concrete these mechanisms.

6) In the same context of dialogue and in order to have meaningful participation, we specifically request information regarding some of the regional proposals that are moving forward, such as the regional mechanism for the settlement of investor-State disputes currently under negotiation in UNASUR.

Final list of signatories http://bit.ly/12jCL3x

Thailand: Houses found built to claim expropriation compensation from state

May 23, http://www.pattayamail.com/news/houses-found-built-to-claim-expropriation-compensation-from-state-26334

BANGKOK, 23 May 2013 The governor of Chaiyaphum is ordering the revocation of house registrations of some of the 600 houses built to claim compensation from the state, on land that is to be expropriated to make way for a water reservoir.

The Bahrain Chamber for Dispute Resolution (BCDR-AAA) has announced its sponsorship of the annual Association of International Petroleum Negotiators conference

Jun 05, http://www.gulf-daily-news.com/NewsDetails.aspx?storyid=354692

MANAMA: The event will be held in Bahrain from November 17 to 19 at the Gulf Hotel's Gulf Convention Centre. As many as 450 delegates are expected to attend, with more than 30 of the world's leading experts, arbitrators and counsel from international energy organisations, companies, governments and law firms who will discuss the full range of state and commercial issues relating to disputes in the oil and gas industry.

UK: RICS arbitration's new manual and assistance

May 30, http://www.wiltshirebusinessonline.co.uk/news/10447424.RICS_arbitration_s_new_manual_and_assistance/

The Royal Institution of Chartered Surveyors has just published a new guidance manual, running to nearly 100 pages for surveyors acting as arbitrators in commercial rent reviews.

Ukrainian court arrest shares of Bank of Cyprus and Marfin Bank

Jun 06, http://en.interfax.com.ua/news/economic/155836.html

The Economic Court in Kyiv in rulings of May 13 and May 24, 2013 (under cases Nos. 910/8874/13 and 910/9720/13) ordered the arrest of shares in two subsidiary banks of Cypriot banks – Bank of Cyprus (Kyiv) and Marfin Bank (Odesa), reads the state ruling register.

United States-Caribbean Community Trade and Investment Framework Agreement signed (TIFA)

May 30, http://www.ustr.gov/about-us/press-office/press-releases/2013/may/amb-sapiro-hails-caricom-tifa

Acting U.S. Trade Representative Miriam Sapiro Hails Signature of United States-Caribbean Community Trade and Investment Framework Agreement

Washington, D.C. - This week, in Port of Spain, Trinidad, Vice President Joe Biden and Haitian President Michel Martelly signed a Trade and Investment Framework Agreement (TIFA), which will provide a forum for bilateral talks to enhance trade and investment and discuss specific trade issues between the United States and the Caribbean Community (CARICOM). The Office of the United States Trade Representative led the negotiation of the TIFA for the United States.

The 15 Member States of CARICOM are: Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, and Trinidad and Tobago. In 2012, U.S. exports to the CARICOM Member States were $11.7 billion, up six percent from 2011. The leading categories of U.S. exports to the CARICOM Member States in 2012 were mineral fuel, machinery, and cereals.

"We are honored that Vice President Biden and Haitian President Martelly signed the TIFA, which provides us with a valuable framework to discuss trade and investment issues," said Ambassador Sapiro. "We will work diligently to strengthen our relationship with CARICOM in order to expand trade and investment, create jobs across the hemisphere, and enhance competitiveness."

The United States and CARICOM signed an agreement establishing a Trade and Investment Council (TIC) in 1991. That agreement will be replaced by the TIFA signed yesterday.

The United States-CARICOM Council on Trade and Investment, created pursuant to the TIFA, will address a wide range of trade and investment issues, such as facilitation of trade and investment, multilateral cooperation, intellectual property rights, worker rights, environmental protection, and removing barriers to bilateral trade. The Council will meet later this year.

US admiral urges compromise in Asian sea dispute

Jun 05, http://www.salon.com/2013/06/05/us_admiral_urges_compromise_in_asian_sea_dispute/singleton/

KUALA LUMPUR, Malaysia (AP) — The top American military commander in the Pacific says the U.S. will oppose moves by any country to seize control of disputed areas in the South China Sea by force.

US: Allied Beacon confirms big arbitration award, net capital violation

Jun 03, http://www.investmentnews.com/article/20130603/FREE/130609992

Allied Beacon Partners Inc. today confirmed that it lost an arbitration case with Finra, costing it $1.6 million and causing it to fall below required minimum net capital levels, which, the company said, severely restricts its business.

US: Announcement of Section 301 Investigation of Ukraine

May 31, http://www.ustr.gov/about-us/press-office/press-releases/2013/may/amb-sapiro-ukraine-investigation

Washington, D.C. – Acting U.S. Trade Representative Miriam Sapiro announced today that the United States has initiated an investigation under section 301 of the Trade Act of 1974 of the acts, policies, and practices of the Government of Ukraine that resulted in the identification of Ukraine as a Priority Foreign Country (PFC) in this month’s Special 301 Report.

The Special 301 Report identified critical problems in Ukraine’s intellectual property rights (IPR) regime with respect to government use of pirated software, piracy over the Internet, and non-transparent and unfair administration and operation of copyright collecting societies.

“The United States has identified serious concerns with Ukraine’s treatment of intellectual property rights, as described in our Special 301 Report,” said Ambassador Sapiro. “We will consult with the Government of Ukraine on the practices that led us to initiate this investigation.”

As part of this investigation, the Office of the U.S. Trade Representative (USTR) will receive comments from interested stakeholders and will hold a public hearing on July 18. USTR will publish a notice in the Federal Register announcing the initiation of the investigation and procedures for interested persons to submit written comments and to request to participate in the hearing.

BACKGROUND

USTR designated Ukraine as a PFC in this year’s Special 301 Report. A country identified as a PFC is a trading partner whose onerous or egregious acts, policies, or practices have the greatest adverse impact (actual or potential) on relevant U.S. products, while at the same time that country is not entering into negotiations or making significant progress in negotiations to address those problems. More information regarding the Special 301 report can be found here.

Persons wishing to testify at the July 18 hearing must submit a notification of intent to testify, along with a written summary of their testimony, by June 27. Other interested parties have until July 31 to submit written comments regarding the investigation. Unless extended under section 304 of the Trade Act of 1974, determinations in the investigation will be made by November 30, 2013.

Report: http://www.ustr.gov/sites/default/files/05012013%202013%20Special%20301%20Report.pdf

US: Digimarc Submits Disputes with Intellectual Ventures to Arbitration

May 31, http://www.digimarc.com/press-room/press-releases/2013/05/31/digimarc-submits-disputes-with-intellectual-ventures-to-arbitration-2013

Digimarc Corporation (NASDAQ: DMRC) announced today that it triggered arbitration under the provisions of its Patent License Agreement ("Agreement") with Intellectual Ventures to resolve ongoing disputes relating to Intellectual Ventures' calculation of potential profit sharing payments under the Agreement.

As previously disclosed in our filings with the Securities and Exchange Commission, the Agreement provides that when informal attempts to resolve disputes fail, the parties will submit disputes to final and binding arbitration. Unless otherwise agreed by the parties, the terms of the arbitration provision include that the arbitration is limited to one business day; the award shall be rendered within one hundred twenty (120) days of the arbitration demand; the arbitrators' award may be entered and enforced in any court with competent jurisdiction; and the award will be non-appealable. For more detail, refer to Section 11.9(c) of the Agreement, filed as a material agreement with the Securities and Exchange Commission on March 3, 2011.

US: Jams hires former Ince senior partner Peter Rogan

Jun 04, http://www.thelawyer.com/news-and-analysis/practice-areas/litigation/litigation-news/jams-international-hires-former-ince-senior-partner-peter-rogan/3005542.article

Ince & Co's former senior partner Peter Rogan is to retire from the firm to join alternative dispute resolution provider Jams International.

US: Judge approves Savannah dredging suit settlement

May 29, http://www.businessweek.com/ap/2013-05-29/judge-approves-savannah-dredging-suit-settlement

CHARLESTON, S.C. (AP) - U.S. District Judge Richard Gergel on Wednesday approved a settlement ending a legal challenge to the $650 million deepening of the Savannah River shipping channel that could have delayed the project for years.

Zambia: Shamenda Backtracks on KCM Expropriation

Jun 04, http://zambiareports.com/2013/06/04/shamenda-backtracks-on-kcm-expropriation/

Labour and Social Security Minister Fackson Shamenda said has said that when Government made the statement that they are able to run the mines, he did not mean that Government want to nationalize KCM.

Zimbabwe: Chinese firm granted mining rights despite devastating impact warnings

May 30, http://www.swradioafrica.com/2013/05/30/chinese-firm-granted-mining-rights-despite-devastating-impact-warnings/

A Chinese firm that was granted a special permit to begin mining activities in the Gwayi Conservation area is set to go ahead with its major development plans, despite warnings of the devastating impact such activities will have there.

Zimbabwe: Claims of Land Reform 'Success' Negated

Jun 04, http://allafrica.com/stories/201306040175.html

Claims by international academics that ZANU PF's land grab campaign was a success, have been negated by a leading Zimbabwean economics professor, who has criticised these attempts at normalising the situation. Professor Tony Hawkins was responding to recent publications, including a book, which attempt to paint the land 'reform' programme in a positive light. The book, Zimbabwe Takes Back Its Land, was written by three scholars, including UK based Joseph Hanlon.

Zimbabwe: Govt to enforce 50pc local procurement

Jun 03, http://www.newzimbabwe.com/news-11235-Govt+to+enforce+50pc+local+procurement/news.aspx

THE government is to restrict foreign procurement of raw materials and other equipment by companies to 50% as part of efforts to enforce a statutory instrument giving preference to local suppliers.

Zimbabwe: RBZ under pressure after court order to repay stolen forex

Jun 04, http://www.swradioafrica.com/2013/06/04/rbz-under-pressure-after-court-order-to-repay-stolen-forex/

The Reserve Bank of Zimbabwe (RBZ) is under pressure to pay back millions of dollars in foreign currency it illegally seized at the height of the country’s economic collapse, after a landmark ruling by the High Court.

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.

New York International Arbitration Center Opening on June 17 #NYIAC

May 23, http://www.nyiac.org/

Ms. Patricia O'Brien, United Nations Under-Secretary-General for Legal Affairs and Legal Counsel, will deliver the keynote address.

The opening will also honor the memory of Joseph T. McLaughlin, a pioneer in international arbitration in New York.

Professor Franck to Present at European Society of International Law

May 21, http://wlulawfaculty.wordpress.com/2013/05/21/professor-franck-to-present-at-european-society-of-international-law/

Washington and Lee law professor Susan Franck will present research related to her book at the European Society of International Law's 5th Annual Research Forum. The topic this year is International Law as a Profession. Franck's panel is on the specific topic of the Dynamics of International Judicial Law Making, but her particular topic will focus on the role of counsel in investment treaty arbitration (ITA).

JOBS / MOVES

Simmons & Simmons bolsters dispute resolution team in the Middle East with Lucy Bushell

May 21, http://www.zawya.com/story/Simmons__Simmons_bolsters_dispute_resolution_team_in_the_Middle_East-ZAWYA20130521090405/

Simmons & Simmons has hired Lucy Bushell as a Managing Associate in its Middle East dispute resolution team. The firm's dispute resolution team is based across Abu Dhabi, Dubai and Doha and consists of nine lawyers including two partners.

Books

Alternative Dispute Resolution in Common Law Countries and Asia

Publisher: Intersentia Publishers

This book focuses on a set of countries which accounts for more than half of international world trade. Its goal is to analyse in depth the various ADR devices present in relevant countries, such as Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, Singapore, South Korea, Thailand, the Philippines, and the USA. The book provides an in-depth analysis of the regulation of ADR in all these countries.

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