issue #08, week 25. 21 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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CPR and CAM Enter into Two Historic Agreements to Exchange Neutrals and to Jointly Promote the CPR 21st Century Pledge in Italy

Jun 12, http://www.cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/793/CPR-and-CAM-Enter-into-Two-Historic-Agreements-to-Exchange-Neutrals-and-to-Jointly-Promote-the-CPR-21st-Century-Pledge-in-Italy.aspx

Milan, Italy, June 10, 2013 - Today, the International Institute for Conflict Prevention and Resolution (CPR) and the Milan Chamber of Arbitration (CAM) entered into two groundbreaking agreements. The first provides for mutual exchanges of neutrals and the second provides for CAM to be CPR's exclusive 21st Century Corporate Pledge Partner in Italy.

The purpose of the first agreement is to increase the number of highly qualified neutrals made available to the respective users of CPR and CAM for the resolution of complex commercial disputes. Specifically, CPR and CAM will share a list of accredited ADR professionals who are bilingual in English and Italian, and who can handle complex cross-border matters. With the second agreement, the two organizations have agreed to jointly promote the CPR 21st Century Corporate ADR Pledge in Italy. The 21st Century Pledge provides for signatories "to commit its resources to manage and resolve disputes through negotiation, mediation and other ADR processes when appropriate, with a view to establishing and practicing global, sustainable dispute management and resolution processes." The agreement also provides that CAM and CPR will collaborate on substantive programs and initiatives to further the goals of the CPR 21st Century Corporate ADR Pledge.

Kathy A. Bryan, CPR's President & CEO, and Stefano Azzali, CAM's Secretary General, both underline the benefits of these unique collaborations: "The purpose of these agreements is to expand CPR and CAM's international reach to benefit their members and users. Indeed, these unique agreements will result in greater promotion and use of ADR internationally by increasing the number of corporations signing the CPR 21st ADR Corporate Century Pledge and by offering our users more highly qualified neutrals."

EFTA and Mauritius convene for first Joint Committee meeting - EFTA

Jun 10, http://www.efta.int/free-trade/free-trade-news/2013-06-10-efta-mauritius-jcd-mtng.aspx

The Committee established under the EFTA-Mauritius Joint Declaration on Cooperation (JDC) held its inaugural meeting on 10 June 2013 in Geneva.

The JDC between the EFTA States and Mauritius was signed in June 2010. On the occasion of the first meeting of the Joint Committee under that instrument, delegations reviewed developments in bilateral trade and investment flows, exchanged information on activities in the field of preferential trade and discussed potential areas for closer cooperation.

In the Joint Committee, the EFTA delegation was headed by Mr Sveinung Røren, Deputy Director General in the Ministry of Trade and Industry of Norway, while Ambassador Israhyananda Dhalladoo, Permanent Representative of Mauritius in Geneva, led the Mauritian side.

In 2012, EFTA-Mauritius merchandise trade (imports and exports) amounted to USD 96 million.

EFTA and Singapore discuss updating of free trade agreement - EFTA

Jun 13, http://www.efta.int/free-trade/free-trade-news/2013-06-13-efta-singapore-jc-mtng.aspx

The Joint Committee under the EFTA-Singapore Free Trade Agreement (FTA) held its fourth meeting on 12 June 2013 in Geneva.

After ten years in operation, delegations from the EFTA States and Singapore discussed possibilities for updating and extending the broad-based FTA in several areas, including market access for industrial and agricultural products, rules of origin, trade facilitation, trade in services, investment and sustainable development.

The Joint Committee was preceded by meetings of trade in services experts, as well as of the Subcommittee on Customs and Origin Matters. In the Committee, Ambassador Martin Eyjólfsson from Iceland acted as EFTA's spokesperson, whilst the Singaporean side was chaired by Deputy Director Tan Lay Lin from the Ministry of Trade and Industry.

With total bilateral merchandise trade amounting to USD 6.6 billion, Singapore was EFTA's sixth largest trading partner (counting the European Union as one) in 2012. With an average growth rate of more than 14%, merchandise trade between Singapore and EFTA has more than tripled since the entry into force of the FTA in 2003.

EFTA and Vietnam continue free trade talks - EFTA

Jun 07, http://www.efta.int/free-trade/free-trade-news/2013-06-07-efta-vietnam-4th-rnd-fta-neg.aspx

A fourth round of negotiations on a free trade agreement between the EFTA States and Vietnam was held in Oslo, Norway from 4 to 7 June 2013.

During the round, the negotiating teams addressed the full range of topics to be covered by the future agreement, notably trade in goods, trade facilitation, rules of origin, trade remedies, trade in services, investment, intellectual property rights, government procurement, competition, trade and sustainable development, cooperation and capacity building, as well as legal, horizontal and institutional provisions.

Deputy Director General Sveinung Røren from Norway acted as EFTA spokesperson, while the Vietnamese negotiating team was led by Director General Tran Trung Thuc. A detailed programme of follow-up work was agreed by delegations in preparation for the next round, foreseen to take place in August in Vietnam.

The negotiating process between Vietnam and EFTA started in May 2012, based on a joint feasibility study concluded in 2011. Bilateral EFTA-Vietnam merchandise trade (imports and exports) amounted to USD 1.5 billion in 2012.

ELI: Meeting of ELI representative and Secretary-General of UNIDROIT

Jun 21, http://www.europeanlawinstitute.eu//news-events/news-contd/article/discussions-underway-for-eliunidroit-joint-conference-in-autumn/?tx_ttnews%5BbackPid%5D=127614&cHash=c7023f1b627ac5196cdfbc0b4f28b8f4

The conference will consist of a public event scheduled for 18 October and an in-depth workshop for invited participants following the public discussion. It will bring together leading experts in the field of civil procedural law and provide an initial analysis of a series of different topics, ranging from due notice of proceedings to enforcement.

Energy Charter: Afghanistan Becomes 54th Member of the Energy Charter Treaty

Jun 20, http://www.encharter.org/index.php?id=21&id_article=396&L=0

Energy Charter Secretariat, Brussels, 20 June 2013 - Today Afghanistan became the fifty-fourth member of the Energy Charter Treaty. By doing so, Afghanistan reinforced the conditions for the development of its energy sector. This step is also part of a broader effort to promote greater regional economic cooperation in Central and South Asia. Afghanistan imports electricity from neighbouring countries and is looking to expand this regional trade. It also has potential as a transit country for exports of natural gas from Central Asia to the growing markets of South Asia.

The entry into force of the Energy Charter Treaty in Afghanistan may well be a milestone for energy security in South Asia. Afghanistan's accession to the Treaty will strengthen confidence in the stability of the country's energy investment climate, and it will encourage energy transit and trade in the region and in Afghanistan, lying at its heart. Given Central Asia's hydrocarbon and hydropower wealth and the rapidly growing energy demand in India, Afghanistan has the potential to eventually become an energy hub for the benefit of the whole of South Asia. The Energy Charter provides the perfect platform for such a development.

Welcoming Afghanistan to the organisation, Energy Charter Secretary General Rusnák said, "As of today, Afghanistan can fully enjoy all the benefits offered by the Energy Charter Treaty. This expansion of membership also strengthens the position of our organisation as a whole and brings closer the important common goals of our constituency".

The Energy Charter Treaty is legally-binding multilateral international treaty, which focuses on cross-border energy flows and international energy investments and currently brings together 54 members and 25 observers. The aim of the Treaty is to strengthen the rule of law on energy issues by creating a level playing field for energy exporting, importing and transit countries.

HKIAC: The 2013 HKIAC Administered Arbitration Rules Unveiled

Jun 12, http://www.hkiac.org/index.php/en/news/479

12 June 2013 - The Hong Kong International Arbitration Centre (HKIAC) is pleased to announce the publication of the revised HKIAC Administered Arbitration Rules (the "2013 HKIAC Rules"), which will come into force on 1 November 2013.

Bourne out of five years' experience of the use of the original Administered Arbitration Rules ("2008 HKIAC Rules"), public consultation, review by the HKIAC Rules Revision Committee and extensive consultation with practitioners, arbitrators and other stakeholders, the 2013 HKIAC Rules seek not only to draw on users' feedback to further strengthen HKIAC's service to parties and professionals but also to ensure the 2013 HKIAC Rules continue to reflect the very best of modern practice in international commercial arbitration.

The 2013 HKIAC Rules maintain HKIAC's signature 'light touch' approach, seeking to facilitate effective institutional involvement within a framework that recognizes the importance of party autonomy. Given its excellent track record and general consensus that the 2008 HKIAC Rules have been working well, many of the changes clarify, but do not modify, the substance of HKIAC administered arbitration. Nevertheless some innovative features have been included to ensure the 2013 HKIAC Rules remain state of the art and a leader in the field in meeting the evolving needs of users.

Highlights of the key changes to the Rules include:

Multiple Parties and Multiple Contracts

In recognition of the growing complexity of commercial disputes, the 2013 HKIAC Rules maximize the ability of HKIAC and tribunals appointed in accordance with its Rules to handle multi-party and multi-contract disputes. The 2013 HKIAC Rules enhance the joinder provision by expanding the tribunal's ability to join parties and allowing additional parties to submit requests to join an arbitration. HKIAC itself also gains prima facie power to join an additional party if a request for joinder is submitted prior to the tribunal's constitution. The 2013 HKIAC Rules will also allow HKIAC to consolidate two or more arbitrations at a party's request. Under the 2013 HKIAC Rules, claims arising out of or in relation to multiple contracts can also be raised in a single proceeding. HKIAC may make arbitrator appointments in place of the parties to advance the process of expanded or consolidated proceedings.

Improvements on the Expedited Procedure

Not a new concept to HKIAC, the 2013 HKIAC Rules broaden the circumstances in which parties may apply for their dispute to be determined on an expedited basis. Although application of the expedited procedure will become elective (as opposed to automatic as it is now), the 2013 HKIAC Rules raise the applicable monetary threshold for the procedure to HK $25,000,000 (the equivalent of over US $3 million). Parties may also apply for expedited procedure when both parties agree or in situations of exceptional urgency. If applicable, the expedited procedure will result in a presumption that a sole arbitrator will hear the proceeding and the award will rendered within 6 months of the transmission of the file to the tribunal.

Improved Terms and Conditions to Streamline the Arbitrator Appointment Process

The revisions introduce two new features for arbitrator appointment: a fee cap for the agreed hourly rate scheme and standard terms of appointment. Since it began fully administering cases in 2008, HKIAC has offered parties a unique ability to foresee and control their costs - a choice regarding the determination of the tribunal's fees calculated either on the basis of the amount in dispute, or on the basis of agreed hourly rates. Where parties choose the latter, under the 2013 HKIAC Rules the arbitrator's rate shall not exceed the fee cap of HKD 6,500 per hour (the equivalent of approximately US $ 830) barring a contrary agreement by the parties. The 2013 HKIAC Rules also institute standard terms of appointment (subject to variation through party agreement or by HKIAC) which must be agreed by all arbitrators appointed in accordance with the 2013 HKIAC Rules. The uniformity created by these two features will facilitate negotiations between parties and arbitrators, leading to a quicker start to the substantive proceedings.

Emergency Relief

Owing to a reluctance to rely on national courts and the increased confidence parties have on the arbitral process, parties increasingly ask arbitral institutions to be able to effectively and efficiently handle applications for interim measures prior to the appointment of a tribunal. Addressing this issue, the revisions will enable parties to apply for emergency relief concurrent to or following the filing of a Notice of Arbitration. In consideration of the urgent nature of emergency proceedings, the 2013 HKIAC Rules provide short deadlines for an emergency arbitrator's appointment and decision on the application for emergency relief. The amendments are timely in light of anticipated changes to the Hong Kong Arbitration Ordinance which will facilitate the emergency arbitrator process, clarifying that the emergency relief ordered will be enforceable in Hong Kong.

In 2012, HKIAC enjoyed a 40% increase in the number of cases fully administered in accordance with its rules. By building upon the success of our existing rules to ensure they continue to be 'state of the art' and reflective of best practice in international arbitration, there is no doubt these numbers will continue to grow as HKIAC cements its position as a world-class arbitral institution adept at meeting the changing needs of arbitration users and ensuring the efficiency and effectiveness of the arbitral process.

A series of workshops will be held between now and 1 November when the 2013 HKIAC Rules come into force at the HKIAC to explain the key revisions and what they mean for practitioners and users of HKIAC arbitration. The first lunch time workshop will be held on 13 June 2013. To sign up for this workshop, please contact Karen Tan at events@hkiac.org for more details.

For further comments about the new HKIAC Rules, please contact Chiann Bao (Secretary-General of HKIAC) at sg@hkiac.org .

The following persons can also be contacted in relation to this Press Release:

Members of the Rules Committee

Please click the following links to access information about the 2013 HKIAC Administered Arbitration Rules:

IACHR To Hold First Inter-American Conference on Friendly Settlements

Jun 07, http://www.oas.org/en/iachr/media_center/PReleases/2013/039.asp

Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) will hold the First Inter-American Conference on Human Rights and the Exchange of Best Practices on Friendly Settlements, on June 7-8, 2013, in Antigua, Guatemala.

The Inter-American Commission, States, and petitioners are in agreement that the friendly settlement mechanism is a very important tool to use in trying to resolve petitions lodged with the IACHR. During the process to strengthen the inter-American human rights system, the OAS Member States, members of academia, and civil society representatives talked about the importance of the friendly settlement procedure and the need for the IACHR to participate more actively, both in facilitating negotiations and monitoring compliance with agreements.

In the phase now underway to implement the recommendations from the strengthening process, the Inter-American Commission is holding this conference to promote the use of the friendly settlement mechanism. Friendly settlements enable the two parties to enter into negotiations to resolve the situation in the complaint and its consequences, in line with the parties' respective needs and wishes. Once the parties believe they have an agreement on terms to resolve the situation, the Commission reviews the agreement to ensure that it is based on respect for the human rights recognized in the American Convention. The friendly settlement of a dispute and compliance with the commitments a State makes through the agreement likewise allows States to demonstrate their commitment to respect and guarantee human rights and to fulfill in good faith their obligations under the American Convention and other regional human rights instruments.

The meeting will include a presentation on the evolution of the friendly settlement mechanism and the mediation role of the IACHR. In addition, participants will have the opportunity to exchange information on best practices regarding friendly settlements, both in terms of the negotiation and content of agreements as well as the compliance with and impact of reparation measures contemplated in such agreements. Participants will also offer their perspectives on the future of the friendly settlement mechanism: challenges, lessons learned, and suggestions for it to become more effective.

The Inter-American Commission appreciates the logistical support offered by the Spanish Agency for International Development Cooperation (AECID) and by the government of Guatemala, which made it possible to organize this conference.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

ITLOS: Twenty-third Meeting of States Parties - President acclaims Tribunal's growing role in international adjudication

Jun 12, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_196_E.pdf

PRESIDENT ACCLAIMS TRIBUNAL'S GROWING ROLE IN INTERNATIONAL ADJUDICATION

President Yanai gave his annual address to the twenty-third Meeting of the 165 States Parties to the United Nations Convention on the Law of the Sea on 10 June 2013. The Meeting of States Parties, which is taking place this week at United Nations Headquarters in New York, affords the Tribunal the opportunity to present its annual report and reports on budgetary matters to the States Parties, together with the other two bodies established by the Convention: the International Seabed Authority and the Commission on the Limits of the Continental Shelf.

The President informed the delegates that the Tribunal had worked over the last year on four complex cases related to a variety of issues, encompassing maritime delimitation, requests for the release of detained vessels, including a warship, and claims for damages arising out of the arrest of vessels. He noted that, in terms of procedure, the work of the Tribunal was also varied, ranging from cases on the merits to urgent proceedings and, for the first time, a counter-claim brought before the Tribunal. Of the four cases dealt with in 2012, two were disposed of by the Tribunal in the same year and a third was completed in the first half of 2013.

Drawing the delegates' attention to the Judgment in the Dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar), the first maritime delimitation case submitted to the Tribunal, the President recalled that the Tribunal had determined the maritime boundary between the Parties in relation to the territorial sea, the exclusive economic zone and the continental shelf. He highlighted the fact that the Tribunal's delimitation of the continental shelf beyond 200 nautical miles was unprecedented in international adjudication.

Referring to The M/V "Louisa" Case (Saint Vincent and the Grenadines v. Kingdom of Spain), the President cited the recent Judgment of 28 May 2013, in which the Tribunal found that no dispute concerning the interpretation or application of the Convention existed between the Parties at the time the Application was filed and that, therefore, it had no jurisdiction ratione materiae to entertain the case. Turning to The M/V "Virginia G" Case (Panama/Guinea-Bissau), which concerns the oil tanker M/V "Virginia G" and claims by Panama for reparation for damage allegedly suffered during its detention, the President noted that the written proceedings phase, including a counter-claim by Guinea-Bissau and the filing of an additional pleading by Panama, had concluded and he announced that hearings in the case had been scheduled to take place from 2 to 6 September 2013.

Referring to The "ARA Libertad" Case (Argentina v. Ghana), the President explained that the Argentine warship had arrived on a courtesy visit in the port of Tema, near Accra, on 1 October 2012. The vessel had been prevented from leaving the port by the Ghanaian authorities pursuant to a decision of the High Court of Accra taken in connection with a commercial lawsuit. The Tribunal, in its Order, considered that "in accordance with general international law, a warship enjoys immunity" and that "any act which prevents by force a warship from discharging its mission and duties is a source of conflict that may endanger friendly relations among States", and ordered Ghana to "forthwith and unconditionally release the frigate ARA Libertad". President Yanai noted that the Ghanaian authorities had duly complied with the Tribunal's Order of 15 December 2012 within four days.

Looking to the upcoming year, President Yanai reported that the Tribunal had received a request for an Advisory Opinion from the Sub-Regional Fisheries Commission (SRFC), headquartered in Dakar, on four questions relating to illegal, unreported and unregulated fishing and had invited the States Parties, the SRFC and several other intergovernmental organizations to present written statements, by the end of November 2013, on the questions contained in the Request.

President Yanai noted that the dispute settlement system established by the Convention is operating ever more frequently and effectively and that the Tribunal is playing a growing role in international adjudication. He assured the delegates that the Tribunal will gladly continue to offer its contribution to this development.

In conclusion, the President highlighted the importance of the Tribunal's training and capacity-building programmes. He also referred to the Tribunal's regional workshops, which provide representatives of States with information on its jurisdiction and procedural rules. In this context he expressed his appreciation to the authorities of Mexico for having co-organized such a workshop in Mexico City last week, which had been attended by representatives of 15 countries.

WTO: Bosnia and Herzegovina accelerates membership negotiations

Jun 06, http://www.wto.org/english/news_e/news13_e/acc_bih_07jun13_e.htm

On 6 June 2013, Chairperson H.E. Dr. István Major (Hungary) urged members of the Working Party on the Accession of Bosnia and Herzegovina to accelerate the pace of bilateral negotiations in order for Bosnia and Herzegovina's WTO membership to become a reality at the 9th Ministerial Conference in Bali.

WTO: EU files dispute against China on steel measures

Jun 14, http://www.wto.org/english/news_e/news13_e/ds460rfc_14jun13_e.htm

The European Union notified the WTO Secretariat, on 13 June 2013, of a request for consultations with China on the latter's anti-dumping duties on certain high-performance stainless steel seamless tubes ("HP-SSST") from the European Union.

WTO: Panama files dispute against Colombia on textiles measures

Jun 18, http://www.wto.org/english/news_e/news13_e/ds461rfc_18jun13_e.htm

Panama notified the WTO Secretariat, on 18 June 2013, of a request for consultations with Colombia regarding customs measures relating to the importation of textiles, apparel and footwear.

WTO: Serbia a few steps away from concluding WTO accession negotiations

Jun 13, http://www.wto.org/english/news_e/news13_e/acc_srb_13jun13_e.htm

On 13 June 2013, Working Party Chairperson H.E. Ms Marie-Claire Swärd Capra (Sweden) called for completion of bilateral negotiations and enactment of outstanding legislation in Serbia's final lap of its accession negotiations in order to carry Serbia's accession "across the finishing line" this year.

WTO: The least developed get eight years more leeway on protecting intellectual property

Jun 13, http://www.wto.org/english/news_e/news13_e/trip_11jun13_e.htm

WTO members agreed on 11 June 2013 to extend until 1 July 2021 the deadline for least developed countries to protect intellectual property under the WTO's TRIPS agreement, with a further extension possible when the time comes.

WTO: WTO opens NGO accreditation for the Bali Ministerial Conference

Jun 13, http://www.wto.org/english/news_e/news13_e/mc9_13jun13_e.htm

The WTO Secretariat has opened the accreditation process for non-governmental organizations wishing to attend the Ninth Ministerial Conference, which will be held in Bali on 3-6 December 2013.

African Court on Human Rights: Call for Applications to be on the List of Counsel under the African Court on Human and Peoples' Rights' Legal Aid Scheme [pdf]

Jun 14, http://www.african-court.org/en/images/documents/New/English_Call_for_Applications_to_be_on_the_List_of_Counsel_-Legal_Aid_Scheme.pdf

The African Court on Human and Peoples Rights was established by virtue of Article 1 of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights, adopted by the Assembly of Heads of State and Government of the Organization of African Unity (now the African Union) on 9 June 1998 and which came into force on 25 January 2004. It is the first continental judicial body charged with the responsibility of ensuring the protection of human and peoples' rights. The Court became operational in 2006 and its seat is in Arusha, The United Republic of Tanzania.

The Court has adopted a Legal Aid Policy for 2013-2014 to guide the operation of its Legal Aid Scheme for assisting indigent applicants before the Court. The Legal Aid Policy is attached hereto.

It is for purposes of implementation of this Policy that the Court invites applications from citizens of African Union Member States to be considered for inclusion on the List of Counsel.

There is no deadline for applications.

...

American Arbitration Association Moves Headquarters to Downtown Nyc

Jun 12, http://www.adr.org/aaa/ShowPDF?doc=ADRSTAGE2012201

NEW YORK, NEW YORK, June 10, 2013 ­ The American Arbitration Association® (AAA®) and the International Centre for Dispute Resolution® (ICDRTM) headquarters move today from 1633 Broadway to 120 Broadway in Lower Manhattan, where the AAA's New York Insurance Case Management Center office, previously at 65 Broadway, already has relocated.

120 Broadway, a New York City landmark, is a tall, neoclassical building known as The Equitable Building. At the time of its completion in 1915, it was the largest in the world by floor space. Totally renovated in the 1990s, its location on Broadway--one block north of Wall Street--has made it a prime office location.

"Relocating to lower Manhattan offers advantages both strategic and financial," said India Johnson, AAA's President and CEO. "Strategically, this location places the AAA at the center of world commerce, with its attendant vibrancy and potential for significant growth. Financially, lower Manhattan offers attractive occupancy rates that placed it at the forefront of the locations that were under consideration by the AAA."

In concert with the move of their headquarters, the AAA/ICDR in May opened their midtown New York Dispute Resolution Center in midtown Manhattan to house not only the New York Regional Office, but also a full array of modern, state-of-the-art AAA/ICDR hearing rooms. This office is at 150 East 42nd Street, a block from Grand Central Terminal and several blocks from the United Nations.

These moves are an important and well-timed upgrade of AAA/ICDR's facilities, with the benefits of modernized facilities and ergonomic furniture. In addition, having almost all NYC operations at the same address will allow for improved collaboration, support and work flow among staff.

Arab-jewish Peace Talks Will Start Next Week in Rhodes, U.N. Mediator Announces

Jun 17, http://www.jta.org/1948/06/17/archive/arab-jewish-peace-talks-will-start-next-week-in-rhodes-u-n-mediator-announces

After an all-day conference in Cairo with the political committee of the Arab League, Count Folke Bernadotte, U.N. mediator for Palestine, informed the Secretariat here that the work of mediation and negotiation between Arabs and Jews will begin next week on the Greek island of Rhodes.

Australia: LEADR launches new website

Jun 18, http://www.leadr.com.au/news/leadr-launches-new-website

This website provides a rich set of resources for members and information for consumers. It also provides more streamlined transactional engagement opportunities.

Australia: WA ready to cash in on conflict work

Jun 12, http://www.lawyersweekly.com.au/wig-chamber/news/wa-ready-to-cash-in-on-conflict-work

Addressing the Australian Centre for International Commercial Arbitration (ACICA) Conference on arbitration in the resources sector in Perth last month, WA's Attorney-General, Michael Mischin, said that the Commercial Arbitration Act 2012 will modernise WA's existing system.

Austria: Vienna International Arbitral Centre: New Vienna Rules as of 1 July 2013

Jun 11, http://www.viac.eu/en/arbitration/arbitration-rules-vienna

The last steps in the comprehensive review process of our arbitration rules are completed. The final version of the revised Vienna Rules was adopted by the Extended Presiding Committee of the Austrian Federal Economic Chamber on 8 May 2013. The new Vienna Rules 2013 will take effect on 1 July 2013 and apply to all proceedings initiated on or after that date.

The main advantage of the Vienna Rules is their flexibility which enables the parties and arbitrators to tailor the proceedings exactly to the needs of the parties and their dispute. Another advantage is the binding schedule of fees which means that administrative costs as well as arbitrators' fees are fully predictable for the parties already at the outset of the proceedings by using the cost calculator.

Bangladesh Promises Improved Tax Administration

Jun 07, http://www.tax-news.com/news/Bangladesh_Promises_Improved_Tax_Administration____60982.html

The International Monetary Fund has completed the second review of Bangladesh's economic program under a three-year arrangement supported by its Extended Credit Facility (ECF) approved in April last year, and commented that, while fiscal policy has remained on track, tax collections need to be strengthened and the country's tax base broadened.

Bangladesh: 'Some reasons' behind delay - Trade and Investment Cooperation Forum Agreement with the US

Jun 18, http://www.thedailystar.net/beta2/news/some-reasons-behind-delay/

Trade and Investment Cooperation Forum Agreement (Ticfa) with the US will create a platform to settle trade disputes between the two countries, Commerce Minister GM Quader said yesterday. "We are not signing it under pressure from anyone," Quader said in an interview after the cabinet approved the draft of the agreement.

Bangladesh: Lengthy legal process scares away foreign investors, cos: Law Minister

Jun 13, http://www.thefinancialexpress-bd.com/index.php?ref=MjBfMDZfMTNfMTNfMV85MF8xNzI4MjE=

Law, Justice and Parliamentary Affairs Minister Barrister Shafique Ahmed said with over 2.4 million cases pending in our courts, as at the end of last year, and trials being tangled in complex court procedures, foreign companies and investors feel unprotected and discouraged to enter into commercial deals with Bangladesh.

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

Jun 07, http://www.cepani.be/en/

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

This law will come into effect on the first day of the third month following its publication in the Belgian Official Journal. The publication should take place in the course of June 2013; consequently, the law will probably come into effect on September 1, 2013. Read more http://www.cepani.be/upload/files/Pressreleasenewlawarbitration.pdf

Belize: CCJ hears Belize Bank appeal for BZ$43 mil LCIA arbitration award against GOB

May 3, http://amandala.com.bz/news/ccj-hears-belize-bank-appeal-bz43-mil-lcia-arbitration-award-gob/

The Caribbean Court of Justice (CCJ), seated in Trinidad and Tobago, today heard the appeal lodged by BCB Holdings Ltd. and The Belize Bank Ltd. against the Attorney General of Belize, in relation to the BZ$43 million arbitration award granted by the London Court of International Arbitration (LCIA) back in 2009.

BSG executive detained in Guinea taking case to regional court

Jun 07, http://www.trust.org/item/20130607220750-bizl5/?source%20=%20hpbreaking

Canada: Federal court hears government had duty to consult Hupacasath First Nation on Canada-China FIPA ratification

Jun 17, http://rabble.ca/blogs/bloggers/council-canadians/2013/06/federal-court-hears-government-had-duty-to-consult-hupacasa

Over three days last week in Vancouver, lawyers for the Hupacasath First Nation and Department of Foreign Affairs and International Trade argued before a federal court judge on whether the government has a duty to consult First Nations before ratifying international treaties such as the Foreign Investment Protection and Promotion Agreement (FIPA) with China. The landmark case exposes the extra-legal rights (to profit) that foreign companies have under Canadian investment treaties, and how those rights could undermine First Nations governance and Indigenous rights guaranteed in the Constitution.

Canada: Government rebuts First Nation legal challenge to Canada-China FIPA

Jun 07, http://www.ipolitics.ca/2013/06/07/government-rebuts-first-nation-legal-challenge-to-canada-china-fipa/

Though there were plenty of layers to it, in the end the Department of Justice's rebuttal of the Hupacasath First Nation's legal challenge to the Canada-China Foreign Investment Protection Agreement (FIPA) boiled down to a failure to prove causation.

Canada: Hupacasath First Nation Heads to Court Over Canada-China Treaty, Holds June 5 Day of Action

Jun 05, http://indiancountrytodaymedianetwork.com/2013/06/05/hupacasath-first-nation-heads-court-over-canada-china-treaty-holds-june-5-day-action

A small Vancouver Island First Nation is taking the federal government to court in an effort to stall Canada's investment treaty with China because of an alleged lack of consultation with First Nations.

Canada: Liberals, NDP want Abitibi costs detailed

Jun 14, http://www.thetelegram.com/Business/2013-06-14/article-3277000/Liberals-NDP-want-Abitibi-costs-detailed/1

"We learned in December that the (legal) cost to the Department of Natural Resources was over $7 million. Now after a second (access) request government has revealed that the Justice department also spent $1.8 million," Ball said. "We are still waiting on government to reveal maintenance and security costs associated with maintaining the former Abitibi mill, something which the Minister of Transportation and Works promised but has yet to deliver."

Canada: Statement by Ministers Fast and Ritz on U.S. Country of Origin Labelling

Jun 07, http://www.international.gc.ca/media_commerce/comm/news-communiques/2013/06/07a.aspx?lang=eng

June 7, 2013 - The Honourable Ed Fast, Minister of International Trade and Minister for the Asia-Pacific Gateway, and the Honourable Gerry Ritz, Minister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board, today issued the following statement on U.S. Country of Origin Labelling (COOL):

"Despite consistent rulings by the World Trade Organization, the U.S. government continues its unfair trade practices, which are severely damaging to Canadian industry and jobs.

"Our government is extremely disappointed that the United States continues to uphold this protectionist policy, which the WTO has ruled to be unfair, and we call on the United States to abide by the WTO ruling.

"We are preparing to launch the next phase of the WTO dispute settlement process on the new U.S. rule, which we had hoped to avoid by the United States living up to its trade obligations.

"The Canadian government, with the full support and active engagement of Canadian industry, has fought against this unfair treatment, which is also hurting U.S. industry and consumers.

"When the United States failed to comply by the May 23 deadline, we said we would pursue all options available. Today, we are also releasing a list of U.S. commodities for possible retaliation, to be published as soon as possible in the Canada Gazette, as a way to formally launch the consultation process.

"Our government will continue to consult with stakeholders as we pursue a fair resolution of this issue through the WTO over the next 18 to 24 months. To respect Canada's WTO obligations, our government will not act on these retaliatory measures until the WTO authorizes us to do so."

Chevrón: La Corte Suprema Argentina sentó jurisprudencia contra los pueblos latinoamericanos - Adolfo Pérez Esquivel

Jun 10, http://www.adolfoperezesquivel.com.ar/

Buenos Aires (10/06/2013) - La Corte Suprema de Justicia de la Nación emitió un fallo, basado en el dictamen que elaboró la Procuradora General de la Nación, Alejandra Gils Carbó, para levantarle un embargo por US$ 19.000 millones a la Chevrón Corporation, otorgándole impunidad a una de las petroleras más cuestionadas por violaciones a los derechos humanos, colectivos y ambientales en el mundo.

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China, EU may hold investment deal talks

Jun 15, http://www.chinadaily.com.cn/bizchina/2013-06/15/content_16624321.htm

China and the European Union may launch negotiations on a bilateral investment treaty, despite their ongoing dispute over solar panels.

Colombia: New Headache For Carlos Slim's Troubled America Movil: Colombian Expropriation Threat

Jun 14, http://www.forbes.com/sites/ivancastano/2013/06/14/new-headache-for-carlos-slims-troubled-america-movil-colombian-expropriation-threat/

MEXICO CITY - "We are going to act. We are going to seize Comcel [Claro]'s networks, its assets, its buildings... and give them back to Bogota."

Costa Rica: Infinito Gold to move forward with billion-dollar lawsuit

Jun 20, http://www.ticotimes.net/More-news/News-Briefs/Infinito-Gold-to-move-forward-with-billion-dollar-lawsuit-against-Costa-Rica_Thursday-June-20-2013, http://www.ticotimes.net/More-news/News-Briefs/Infinito-Gold-to-move-forward-with-billion-dollar-lawsuit-against-Costa-Rica_Thursday-June-20-2013

On Wednesday, the Sala IV "ruled unanimously to reject the claim," citing procedural technicalities, the judicial branch said in a press release. The Supreme Court's Civil and Administrative Law Branch (Sala I) annulled the mining concession in November 2011. Environment Minister René Castro on Wednesday said "Costa Rica has a reason to celebrate the decision." "We do not want open-pit mining in our country," he said, adding that the ruling "enhances the ecological profile of our nation." Infinito Gold's spokeswoman in Costa Rica, Yoquebec Soto, on Thursday said the company would present documents related to the concession that they would use to file a complaint before the International Centre for Settlement of Investment Disputes (ICSID), where they will request $1.92 billion in compensation for alleged breach of the Costa Rica-Canada Bilateral Investment Treaty. The company said it has already invested $92 million in the project, and it claims to have lost $1 billion in potential profit.

Croatia looks to put past behind it with EU accession

Jun 10, http://www.irishtimes.com/business/2.790/croatia-looks-to-put-past-behind-it-with-eu-accession-1.1422580

The response was to draft the law to give it broad application across all sectors of the economy. Either way, the minister pledges that the "strategic investment law will be in parliament before summer".

Dispute Boards Mena launches new website

Jun 13, http://www.tradearabia.com/news/CONS_237741.html

Dispute Boards Mena, a key provider of information relating to construction industry dispute boards with a focus on the Middle East and North Africa, has launched its new website.

Ecuador: Kinross: announces it will cease development of Fruta del Norte

Jun 10, http://www.kinross.com/news-articles/2013/061013-kinross-announces-it-will-cease-development-of-fruta-del-norte.aspx

Toronto, Ontario, June 10, 2013 - Kinross Gold Corporation (TSX:K; NYSE:KGC) announced today that the Company will not proceed with further development of the Fruta del Norte (FDN) project in Ecuador. The Company informed the Government of Ecuador of this decision, and requested its cooperation in ensuring an orderly transition that respects the interests of both parties.

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El Ciadi arranca el arbitraje de Repsol: Claus von Wobeser decidirá sobre YPF

Jun 13, http://www.eleconomista.es/interstitial/volver/acierto-abril/energia/noticias/4896547/06/13/El-Ciadi-arranca-el-arbitraje-de-Repsol-Claus-von-Wobeser-decidira-sobre-YPF.html

El Ciadi (Centro Internacional de Arreglo de Diferencias de Inversión) está acelerando el proceso de arbitraje de Repsol contra el Gobierno argentino por la expropiación de YPF.

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ENRC faces backlash over bribery and corruption allegations

Jun 04, http://www.ft.com/intl/cms/s/0/f6222746-cd22-11e2-90e8-00144feab7de.html

Eurasian Natural Resources Corporation (ENRC) faces a backlash from angry minority shareholders on Wednesday over concerns about alleged bribery and corruption at the FTSE 100 mining company.

EU-bound Croatia adopts investment law to boost economy

Jun 20, http://au.news.yahoo.com/world/a/-/world/17684187/eu-bound-croatia-adopts-investment-law-to-boost-economy/

Reuters - Foreigners planning strategic investments in Croatia will be able to get licences faster and more easily under a law adopted on Thursday, the government said, as the former Yugoslav republic prepares to become the EU's newest member.

EU: A Free Trade Agreement between the EU and Canada

Jun 17, http://europa.eu/rapid/press-release_MEMO-13-573_en.htm

The EU and Canada are currently negotiating the Comprehensive Economic and Trade Agreement (CETA) in order to take their trade and investment relationship to a new level. This EU-Canada FTA will cover the key issues relevant to a modern trade and investment environment, from ambitious new market access opportunities to clear rules for European and Canadian businesses and investors. Negotiations were launched in May 2009 and are now in their final phase.

The negotiations for a Comprehensive Economic and Trade Agreement cover among others:

A EU-Canada Joint Study of October 2008 predicts annual income gains of approximately €11.6 billion for the EU and €8.2 billion for Canada thanks to an agreement. Half of the total expected GDP gains for the EU are related to trade in services, a quarter to the removal of tariffs and the remaining quarter from dismantling Non-tariff barriers. The benefits from the Agreement in this area of non-tariff barriers are estimated to result in a €2.9 billion gain for the EU and €1.7 billion for Canada.

Current Trade flows

In 2012 Canada was the EU's 12th most important trading partner, accounting for 1.8% of the EU's total external trade. Based on 2011 figures, the EU was Canada's second most important trading partner, after the US, representing 10.4% of Canada's total external trade.

The value of bilateral trade in goods between the EU and Canada was €61.8 billion in 2012. Machinery, transport equipment and chemicals dominate the EU's exports of goods to Canada, and also constitute an important part of the EU's imports of goods from Canada.

Trade in services, e.g. financial services and insurances, is an important area of the EU-Canada trade relationship. Equally, the investment relationship is of high importance. In 2011, the EU's investment stock in Canada was around €220 billion while Canadian investment in the EU amounted to almost €140 billion.

For further information about EU trade relations with Canada see http://ec.europa.eu/trade/policy/countries-and-regions/countries/canada/

France: Orange CEO in Custody for French Arbitration Probe

Jun 10, http://www.bloomberg.com/news/2013-06-10/orange-ceo-richard-in-custody-for-arbitration-probe.html

Stephane Richard, chief executive officer of France Telecom SA (FTE), also known as Orange, was taken into custody today for questioning in a case involving an arbitration that benefited a supporter of former President Nicolas Sarkozy.

India: Antrix wants to file review petition on Devas arbitration

Jun 18, http://www.thehindubusinessline.com/industry-and-economy/info-tech/article4827337.ece

Antrix Corporation wants to file a petition with the Supreme Court seeking a review of an earlier order dismissing its application to proceed against Devas Multimedia under the Arbitration Act.

India: Arbitration not yet commenced in KG-D6 output fall: PetroMin

Jun 21, http://www.business-standard.com/article/economy-policy/arbitration-not-yet-commenced-in-kg-d6-output-fall-petromin-113062000586_1.html

Nearly a year after arbitrators were appointed to decide whether Reliance Industries can be penalised for producing less than target, the arbitration has not yet commenced, the Petroleum Ministry has said.

India: Govt blinks as RIL threatens arbitration

Jun 18, http://www.financialexpress.com/news/govt-blinks-as-ril-threatens-arbitration/884251

Days after Reliance Industries slapped an arbitration notice on the government against its move to limit the cost the company can recoup from flagging KG-D6 gas fields, the Oil Ministry today hinted that it would not like to rush into an arbitration.

India: TCG may move apex court against HC order

Jun 07, http://www.business-standard.com/article/companies/tcg-may-move-apex-court-against-hc-order-113060700027_1.html

The Chatterjee Group (TCG), one of the key promoters of Haldia Petrochemicals, Limited (HPL), is likely to move the Supreme Court against the Calcutta High Court's order barring it from approaching the International Court of Arbitration for control of about 155 million shares of the company. "We are trying to carve out the intricacies of the judgment and after a deeper study, we will make a move. A legal option is possible," said a TCG official. The company claimed it had voting rights over the contentious 155 million shares, vital to controlling HPL.

Indonesia-Malaysia: Ambalat Border Dispute Ignored for Joint Indonesia/Malaysia Exploration Efforts

Jun 17, http://www.thejakartaglobe.com/news/border-dispute-ignored-for-joint-exploration-efforts-2/

Nunukan. Indonesia's Energy and Mineral Resources Ministry has set aside an ongoing territorial dispute over the oil-rich Ambalat waters and teamed up with Malaysia to conduct geological explorations in the Borneo border area of Nunukan.

Iran hopes to see S-300 delivery deal with Russia

Jun 10, http://www.presstv.ir/detail/2013/06/10/308235/iran-hopes-to-see-s300-deal-with-russia/

Iranian Ambassador to Moscow Mahmoud Reza Sajjadi says Tehran hopes to reach an agreement with Russia on the delivery of S-300 air defense systems.

Israel and Colombia sign far reaching free trade agreement

Jun 11, http://en.mercopress.com/2013/06/11/israel-and-colombia-sign-far-reaching-free-trade-agreement

Israel and Colombia this week signed in Jerusalem a free trade treaty to increase trade and promote investments in the fields of technology. The treaty which was reached after fifteen years of intense negotiations now needs legislative approval which should be accomplished by early 2014 according to Israeli political sources.

Kazakhstan: Authorities of arbitration court grow

Jun 20, http://www.inform.kz/eng/article/2567925

KAZINFORM - The plenary session of the Senate has considered the proposals of the conciliation commission to overcome the differences between the two chambers concerning draft law "On introduction of amendments and additions to some legislative acts of the Republic of Kazakhstan on improvement of arbitration."

Kazakhstan: Caratube Oil Company and its Majority Shareholder Devincci Hourani Launch ICSID Arbitration Seeking over USD 1 Billion Compensation for Expropriation from Kazakhstan

Jun 18, http://www.prnewswire.com/news-releases/caratube-oil-company-and-its-majority-shareholder-devincci-hourani-launch-icsid-arbitration-seeking-over-usd-1-billion-compensation-for-expropriation-from-kazakhstan-211847981.html

SOURCE Derains & Gharavi: PARIS, June 17, 2013 /PRNewswire/ -- Kazakh company Caratube International Oil Company LLP (Caratube) and U.S. national Mr. Devincci Hourani (Khorani)(92% owner of Caratube), have filed on June 5, 2013, a Request for Arbitration against the Republic of Kazakhstan, before the World Bank's arbitration centre, ICSID, claiming over 1 billion US dollars in damages.

The claim follows the expropriation of the Hourani family's assets by Kazakhstan, including Caratube, starting in 2007. Caratube was, until the unlawful expropriation, the holder of rights for exploration and production of large quantity of hydrocarbons confirmed under their management in the Caratube Field in the Baiganin District of Aktobe Oblast of the Republic of Kazakhstan pursuant to a contract entered into on May 27, 2002 with the Ministry of Energy and Mineral Resources of the Republic of Kazakhstan.

Caratube and Mr. Devincci Hourani assert that the expropriation of their rights was unlawful and that they were in reality the collateral damage of the dispute between the President of Kazakhstan and his then son-in-law, Mr. Rakhat Aliyev.

The Hourani family, related by marriage to Mr. Aliyev via Mr. Issam Hourani's (Khorani) marriage to Mr. Aliyev's sister, claims that it was simply assimilated to Mr. Aliyev. As a result, the Hourani family and its assets, which included an empire consisting of media interests, pharmaceutical, oil and gas ventures, an airline and a poultry business, became targets of the Kazakh government. The family was subject to raids, criminal prosecution, expropriation without compensation of its assets, and its members were forced to flee the country. They have also been subject to defamation, harassment, and intimidation in third countries, including in the Republic of Lebanon, by way of false charges and misuse of Interpol procedures made by Kazakh authorities in an effort to dissuade them from raising claims for compensation for their expropriated assets before international tribunals.

As Dr. Hamid G. Gharavi, attorney to Caratube, Mr. Issam Hourani, Mr. Devincci Hourani and the Hourani family in different proceedings, pending or about to be initiated, explains, Caratube and/or its majority shareholder Mr. Devincci Hourani will have their claims heard on the merits before ICSID as the new arbitration has been initiated under three separate independent legal instruments, namely Kazakhstan's foreign investment law, Kazakh-U.S. bilateral investment treaty and the oil exploration and production contract entered into between Caratube and the Ministry of Energy and Mineral Resources of the Republic of Kazakhstan.

Caratube is only one of the many arbitrations pending or about to be initiated by the Hourani's and other relatives against the Republic of Kazakhstan.

Dr. Gharavi points out that ICSID Tribunals have already held Kazakhstan liable for similar takings, including the Rumeli & Telsim v. Kazakhstan case, where it was ordered to pay 170 million USD with interests for the expropriation of Kar-Tel, at the time the second largest mobile operator in Kazakhstan, owned by Turkish investors.

Mr. Issam Hourani, Mr. Devincci Hourani and the rest of the Hourani family are businessmen with no involvement in Kazakh politics. They are merely seeking justice, i.e. compensation for assets seized and to preserve their reputation.

Kenya: Somalia Cabinet rejects appeal for talks on border dispute with Kenya

Jun 09, http://www.standardmedia.co.ke/?articleID=2000085623&story_title=Kenya-somalia-cabinet-rejects-appeal-for-talks-on-border-dispute-with-kenya

Somalia has turned down request from Kenya to re-open talks to demarcate maritime boundaries. This is the second time the issue is raising diplomatic rift between the two neighbours. The decision by Somalia's Cabinet has the potential of discouraging oil companies from conducting offshore oil and gas explorations in contested waters. Some of the offshore exploration blocks that have been identified in the area include Block L5.

Mandatory Mediation Arrives in Brooklyn - CPR

Jun 19, http://www.cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/795/61913-Mandatory-Mediation-Arrives-in-Brooklyn.aspx

The New York state Supreme Court based in Brooklyn started a new project that eventually could lead to requiring all civil cases to pass through a mediation process before proceeding to trial.

This made Brooklyn the first New York court-both state and city--to require mediation in civil cases.

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Meeting about ELI - UNIDROIT joint project on Civil Procedure

June 17, http://www.europeanlawinstitute.eu/news-events/news-contd/article/eli-and-unidroit-cooperation-develops/

[HT Conflict of Laws . net] - On 23 May, ELI representatives John Sorabji, Matthias Storme, Remo Caponi and Christiane Wendehorst attended a meeting in Rome kindly hosted by UNIDROIT.

The meeting focused on the development of a joint project between the ELI and UNIDROIT in cooperation with the American Law Institute (ALI) on the topic of European Civil Procedure.

This meeting enabled various parties of this joint venture to dicuss the scope and aims of the project, ahead of a workshop to be held on 18-19 October where ALI representatives will also be present.

The productive meeting resulted in a draft agenda for October's workshop. It is hoped that the two day event, which will feature a public conference and an expert seminar, will see plans and targets officially established.

The seminar on 19 October will only be open to those invited, but any ELI Fellows who are interested in this field should register their interest with the Secretariat, who will pass this information on to the organisers.

Mexico loses arbitration case involving Spanish company

Jun 12, http://www.globalpost.com/dispatch/news/agencia-efe/130612/mexico-loses-arbitration-case-involving-spanish-company

EFE - The World Bank's International Center for the Settlement of Investment Disputes has handed down a ruling against the Mexican government in a case involving Befesa, a unit of Spanish industrial company Abengoa, Economy Secretary Ildefonso Guajardo said.

Mexico: Gruma files arbitration lawsuit with ICSID against Venezuela

Jun 11, http://english.eluniversal.com/economia/130611/gruma-files-arbitration-lawsuit-with-icsid-against-venezuela

Mexican corn flour manufacturing company Gruma filed a complaint with the International Center for Settlement of Investment Disputes (Icsid) against Venezuela for the takeover of its operations in the oil producing country. The complaint was filed three years after unsuccessful negotiations to set up a joint venture, Icsid informed on its website.

New Zealand: Solictor supports arbitration for Maori land disputes

Jun 17, http://www.radionz.co.nz/news/te-manu-korihi/137866/solictor-supports-arbitration-for-maori-land-disputes

Radio New Zealand - Arbitration to settle long-standing customary disagreements between tribes is being touted as a solution for iwi locked in land disputes. An arbitration panel recently dealt with claims to mana whenua rights of Rotorua land by three iwi: Ngati Wahiao, Tuhourangi and Ngati Whakaue. It was judged that Tuhourangi Tribal Authority is not an owner in three reserves, including Whakarewarewa Thermal Springs Reserve.

Nigeria: "Why NASS Arbitration Bill Can't Fly"

Jun 19, http://www.thisdaylive.com/articles/-why-nass-arbitration-bill-can-t-fly-/150776/

One bill that is currently creating controversy at the National Assembly is the National Arbitration Regulatory Commission Bill. Stakeholders in alternative dispute resolution in Nigeria are kicking against the bill which they insist is unnecessary for an industry that is self regulating. More, the N22bn earmarked for its takeoff is wasteful, they charge. Jude Igbanoi and Yinka Olatunbosun sought out Mr. Babatunde Fagbohunlu SAN, a Fellow of the Chartered Institute of Arbitration and the London Court of International Arbitration. He spoke on why the proposed bill would be counterproductive and what needs to be done to advance the practice of arbitration in Nigeria.

Nigeria: Don't pass Arbitration Regulatory Commission Bill, Senate urged

Jun 08, http://www.vanguardngr.com/2013/06/dont-pass-arbitration-regulatory-commission-bill-senate-urged/

Nigeria Bar Association, NBA, Section on Business Law, SBL, has urged the Senate to decline passage of the National Arbitration Regulatory Commission Bill.

Nigeria: Federal Government plans new investment law

Jun 17, http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=124850:-fg-plans-new-investment-law-&catid=1:national&Itemid=559

THE Federal Government, through the office of the Attorney-General of the Federation (AGF), is planning a new bill to help boost investment in the country. Already, the AGF is collaborating with the Ministry of Trade and Investment and other stakeholders in reviewing relevant Business and Investment Laws with a view to drafting legislation aimed at simplifying the legal flaw of investments and the smooth running of business in the country.

Op-ed: Time to End Trade Preferences for Ecuador - James M. Roberts

Jun 21, http://www.nationalreview.com/corner/351629/time-end-trade-preferences-ecuador-james-m-roberts

James M. Roberts is research fellow for economic freedom and growth in The Heritage Foundation's Center for International Trade and Economics. The July 31 deadline for renewing the Andean Trade Promotion and Drug Eradication Act (ATPDEA) is fast approaching. Congress first enacted ATPDEA more than 20 years ago to help four Andean countries - Bolivia, Colombia, Ecuador, and Peru - fight the illicit drug trade by expanding legitimate economic activities.

Pakistan-China: Neelum-Jhelum Hydropower has almost come to halt...

Jun 12, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/letters/12-Jun-2013/aggravating-the-woes

The work on Neelum-Jhelum Hydropower Project of 969 MW, which is a symbol of Pakistan-China strategic partnership, has almost come to halt due to non-payment of Rs.7.8 billions to Chinese companies by government of Pakistan

Pakistan: Turkish firm Karkey files $700m claim on Pakistan - ICSID

Jun 18, http://www.thenews.com.pk/Todays-News-3-184276-Turkish-firm-Karkey-files-$700m-claim-on-Pakistan

ISLAMABAD: A Turkish power generation company has filed a case against the Pakistan government for compensation of losses worth 700 million dollars, official documents available to the News have revealed.

Panama: Litigation Over Hydroelectric Concession in Panama [Bajo de Mina concession, ICSID]

Jun 19, http://en.centralamericadata.com/en/article/home/Litigation_Over_Hydroelectric_Concession_in_Panama

Transglobal Green Energy has summoned the Panamanian government to make an agreement over the cancellation of the concession of a hydroelectricity contract which was then granted to a company belonging to Carlos Slim.

Papua New Guinea: A new foreign investment law planned for Bougainville

Jun 17, http://www.radioaustralia.net.au/international/radio/program/pacific-beat/a-new-foreign-investment-law-planned-for-bougainville/1146994

The President of Papua New Guinea's Autonomous Region of Bougainville, John Momis, says his government is working on introducing a new foreign investment code.

Reuters TV: Is arbitration on Wall Street a rigged game? - video

Jun 19, http://uk.reuters.com/video/2013/06/19/reuters-tv-is-arbitration-on-wall-street-a-rigged-g?videoId=243456692&videoChannel=117847

Arbitration lawyer Brian Carlis and Bill Singer discuss giving up your day in court. Is there any benefit to this bargain, or is it a dangerous trade-off for customers and industry employees?

Romanian state goes to court against law firm which helped it win investment settlement dispute in 2005

Jun 07, http://www.romania-insider.com/romanian-state-goes-to-court-against-law-firm-which-helped-it-win-investment-settlement-dispute-in-2005/101211/

The Authority of State Assets Management AAA, formerly AVAS, went to court against one of the largest Romanian law firms, Musat & Asociatii, asking for a compensation of USD 8.7 million following a legal dispute between the Romanian state and Noble Ventures. The law firm, which is being accused of not fully respecting the contract with the state, said the state's request is absurd and absolutely unjustified.

Russia-Bulgaria: Atomstroyexport submits arbitration claim against Bulgaria's NEK over Belene NPP project

Jun 07, http://www.focus-fen.net/index.php?id=n308187

Atomstroyexport AD is submitting the materials under the claim against Bulgaria's National Electricity Company (NEK) under Belene nuclear power plant project with the Arbitration Court at the International Chamber of Commerce in Paris in accordance with the updated schedule of the arbitration hearing, announced the PR Department of Atomstroyexport.

Russia-Bulgaria: Bulgaria to submit counter claim for Belene NPP

Jun 11, http://www.neurope.eu/article/bulgaria-submit-counter-claim-belene-npp

On 10 June, Bulgaria's Energy Minister Dragomir Stoynev said his country plans to submit in the coming months a counter claim against Rosatom's subsidiary Atomstroyexport (ASE) to the Arbitration Court at the International Chamber of Commerce in Paris.

Russia-Bulgaria: Dragomir Stoynev: The Bulgarian government will give its support to any project with Russia, which is of mutual interest

Jun 07, http://www.mi.government.bg/en/news/dragomir-stoynev-the-bulgarian-government-will-give-its-support-to-any-project-with-russia-which-i-1204.html?p=eyJ0eXBlIjoiaG90In0=

"Every joint project with Russia, which is of mutual interest to both countries will receive support from the Bulgarian government." This said the Minister of Economy and Energy Dragomir Stoynev during his meeting with the Russian Deputy Minister of Energy Anatoly Yanovsky. He assured his guest that the government will support long-term mutually beneficial relationship with the Russian Federation on the basis of bilateral dialogue, openness and mutual interest. The two ministers discussed the development of the project "South Stream".

Russia-Bulgaria: Moscow: NEC owes Atomstroyexport EUR 872 M

Jun 11, http://paper.standartnews.com/en/article.php?d=2013-06-11&article=43192

Sofia, June 11 - "Russia's Atomstroyexport has filed a claim for 872 million euro against Bulgaria's National Electric Company (NEC), because of the halted NPP Belene project," Energy and Economy Minister Dragomir Stoynev told bTV.

Russia-Germany: RWE, Gazprom talks fail, dispute moves to Vienna court

Jun 07, http://uk.reuters.com/article/2013/06/07/rwe-gazprom-idUKL5N0EJ0RN20130607

Russia-Iran: Iran rejects Russia's offer to replace S-300 systems with Tor systems: Envoy

Jun 11, http://www.presstv.ir/detail/2013/06/11/308354/iran-rejects-russias-offer-on-s300/

Iran's ambassador to Russia says Tehran has rejected Moscow's proposal to provide the Islamic Republic with a substitute for the S-300 systems, which should have been delivered under a bilateral arms deal.

Russia: A cap on Gazprom's ambitions - FT

Jun 07, http://www.ft.com/intl/cms/s/0/75027894-cd24-11e2-90e8-00144feab7de.html

"Russia is shooting itself in the foot," Dalia Grybauskaite, Lithuania's president, said recently. Linking gas prices to political demands was, she said, an "absolutely outdated, 30-year-old method".

Russia: Bulgaria Has 3 Months to Decide on Belene N-Plant Project

Jun 05, http://www.novinite.com/view_news.php?id=150992

Genadiy Tepkyan, Vice President of Atomstroyexport, said Wednesday that the company is ready to file a new EUR 1 B claim against Bulgaria with the Court of International Arbitration, according to the Bulgarian Telegraph Agency.

Russia: Court hearing on Moika - Glinki case is being postponed

Jun 10, http://hugin.info/141656/R/1708442/566052.pdf

At the request of the defendant Moscow Arbitration Court postponed the hearing on compensation of claim from LLC Glinki 2 to the Ministry of Defence of the Russian Federation until July 17. The counsel of the defendant did not accept the claim on compensation at the court.

Russia: Iran to drop lawsuit if Russia delivers S-300 systems: Iranian envoy

Jun 06, http://en.trend.az/regions/iran/2158781.html

An Iranian envoy says Tehran will drop its lawsuit with the International Court of Arbitration in Geneva against Russia if Moscow honors its contract in delivering S-300 air defense systems to Iran, reported PressTV.

Russia: Lithuanian Supreme Court postpones hearing of Gazprom complaint

Jun 07, http://rapsinews.com/judicial_news/20130607/267690407.html

Russia: Top litigators group launches in Moscow in bid to boost UK influence in Russian courts

Jun 21, http://www.legalweek.com/legal-week/news/2276333/top-litigators-group-launches-in-moscow-in-bid-to-boost-uk-influence-in-russian-courts

The Commercial Litigators Forum (CLF), a cross-firm group of leading litigators, has set up a Moscow operation in a bid to increase the influence of the UK legal profession in the Russian courts. ... Other Russia CLF members include Sir Bernard Rix QC, a recently retired Lord Justice of Appeal, as well as One Essex Court barrister and former London Court of International Arbitration chairman Peter Leaver QC. The group is now looking to add more members.

Saudi Arabia: Arbitration laws still considered weak, ineffective in Kingdom

Jun 08, http://www.arabnews.com/node/454354

Even though the Council of Ministers approved a new arbitration law on April 16, 2012, commercial arbitration in Saudi Arabia is still considered weak and ineffective by companies and lawyers. For the past 30 years, traditional methods have been used to deal with commercial disputes.

Singapore International Arbitration Centre Announces the Appointment of New Registrar - Tan Ai Leen

Jun 19, http://www.siac.org.sg/

The Chairman and Board of Directors of Singapore International Arbitration Centre ("SIAC") wish to announce that Ms Tan Ai Leen has been appointed to the position of Registrar of the Arbitration Centre commencing 19 June 2013. Ms Tan will succeed the former Registrar, Mr Minn Naing Oo, who has returned to private practice.

Ms Tan will head the legal team of SIAC, which has charge of the administration of all cases filed with SIAC. In addition, under the International Arbitration Act, she is the statutory authority for the assessment of arbitration costs. Ms Tan specialises in construction disputes and has worked in Singapore as an international arbitration lawyer in private practice with various international law firms. She was most recently a senior litigation counsel with an MNC based in Singapore.

"I am eager to work with the SIAC Court of Arbitration and the SIAC team at this exciting stage of its growth and development." said Ms Tan.

Chairman of the SIAC Board, Mr Lucien Wong, said, "I am pleased that our key management team is now complete and ready to move forward with the next stage of SIAC's journey as an international arbitration institution."

In 2012, SIAC handled 235 new cases and currently handles an active caseload of about 500 arbitrations. In May 2013, SIAC opened its first overseas office in Mumbai, India and established a representative office in Seoul, Korea.

Somalia: Minister welcomes foreign investment law as business-friendly step in the right direction

Jun 11, http://www.mareeg.com/fidsan.php?sid=29138&tirsan=3

Prime Minister Abdi Farah Shirdon today signed a foreign investment law and said Somalia was "ready to do business with the world".

South Africa: Bills threaten the property rights of all South Africans

Jun 10, http://www.bdlive.co.za/opinion/2013/06/10/bills-threaten-the-property-rights-of-all-south-africans

.... These provisions will allow the expropriation not only of farmland, but also of farm equipment, vehicles, irrigation systems and livestock at a value to be determined by the valuer-general.

South Africa: Land redistribution stuck in mire

Jun 20, http://www.iol.co.za/pretoria-news/opinion/land-redistribution-stuck-in-mire-1.1534575

South Africa: Using new land claims to promote expropriation

Jun 19, http://www.bdlive.co.za/opinion/2013/06/19/using-new-land-claims-to-promote-expropriation

BY THE government's own admission, 50%-90% of land-reform projects have failed, yet the state now plans to embark on an open-ended process of land restitution in which earlier cut-off dates will be jettisoned, opening the way to thousands more claims. This is to be done under the Restitution of Land Rights Amendment Bill, which was gazetted on May 23 for public comment within 30 days.

South Sudan mulls oil production halt if Khartoum stops shipments

Jun 10, http://www.dailystar.com.lb/Business/Middle-East/2013/Jun-10/219841-south-sudan-mulls-oil-production-halt-if-khartoum-stops-shipments.ashx

South Sudan's government said it may stop oil production if comments by President Omar al-Bashir ordering a halt to shipments are confirmed. Bashir Saturday instructed Sudan's Oil Minister Awad al-Jaz to cease oil flows from South Sudan because his government has evidence that the South is arming the rebel Sudan People's Liberation Movement-North. Bashir's comments, at the opening of an electricity plant on the outskirts of the capital, Khartoum, were broadcast on state television.

Spain: 21 clientes de Bankia recuperan el dinero de preferentes con el arbitraje

Jun 06, http://www.europapress.es/sociedad/consumo-00648/noticia-21-clientes-bankia-recuperan-dinero-preferentes-arbitraje-20130606125735.html

Un total de 21 clientes de Bankia recuperarán ya la inversión que realizaron en instrumentos híbridos (participaciones preferentes y deuda subordinada) después de que la Junta Nacional Arbitral de Consumo haya dictado los primeros laudos, todos favorables a los afectados que habían acudido al proceso de arbitraje.

Spain: Economía no descarta el arbitraje para los tenedores de preferentes de Ceiss

Jun 07, http://www.hoy.es/agencias/20130607/economia/economia-descarta-arbitraje-para-tenedores_201306071837.html

EFE - El Ministerio de Economía no descarta que los clientes tenedores de participaciones preferentes y deuda subordinada del banco Ceiss (Caja España-Duero) puedan acogerse a un proceso de arbitraje como el que han puesto en marcha las entidades nacionalizadas, han explicado fuentes del citado Ministerio.

Spain: Some 110,000 customers have asked for the preferred arbitration - Bankia

Jun 10, http://www.expansion.com/agencia/efe/2013/06/10/18448327.html

Madrid, June 10 (Thomson Financial.) - A total of 109 785 Bankia retail customers, who bought preferred stock or subordinated debt of the boxes built in the state, have requested arbitration to get their money in this way, more agile and less expensive to the courts.

Study: The United States has a less open economy than Romania

Jun 13, http://www.washingtonpost.com/blogs/wonkblog/wp/2013/06/13/study-the-united-states-has-a-less-open-economy-than-romania/

The U.S. may advertise itself as an economy that's open to the world. But compared to Singapore and Hong Kong we're practically behind a Berlin Wall of tariffs and trade barriers, according to a new study of economic openness from the International Chamber of Commerce.

Sudan agrees to African Union mediation

Jun 17, http://www.upi.com/Top_News/Special/2013/06/17/Sudan-agrees-to-AU-mediation/UPI-44161371484348/

UPI -- The Sudanese government said it has no objections to meeting with African Union leaders to find a solution to outstanding issues with South Sudan.

Tanzania Courts Chinese, Indian Investors for Water Projects

Jun 06, http://www.bloomberg.com/news/2013-06-06/tanzania-courts-chinese-indian-investors-for-water-projects.html

Tanzania is in talks with Chinese, Indian and Israeli companies to provide water services in partnership with the government after a previous attempt at privatization failed, the Water Ministry said.

Tanzania: IPTL shareholders challange bank's claims

Jun 17, http://www.dailynews.co.tz/index.php/local-news/18721-iptl-shareholders-challenge-bank-s-claims

SHAREHOLDERS of Independent Power Tanzania Limited (IPTL) have joined hands to challenge the claims by Standard Chartered Bank Hong Kong Limited (Bank) of being among creditors and owed over 117 million US dollars by the company.

This time around, it is VIP Engineering and Marketing Limited, IPTL's minority shareholder, which has written to the International Centre for the Settlement of Investment Disputes (ICSID), seeking dismissal of the bank's claims.

Before the ICSID, the bank has filed two cases; one against the United Republic of Tanzania and the other involving the Tanzania Electric Supply Company (Tanesco), demanding a colossal amount, alleging that it was a creditor and has a property right in IPTL.

Timor-Leste and Australia: Bugs in the pipeline

Jun 08, http://www.economist.com/news/asia/21579074-timorese-leaders-push-better-deal-their-offshore-gas-fields-bugs-pipeline

THE future finances of the young, poor nation of Timor-Leste, formerly East Timor, have become embroiled in allegations of skulduggery by Australia nearly a decade ago. Timor-Leste has taken its big, wealthy neighbour to arbitration over a 2006 agreement on the exploitation of oil and gas in the sea between them. Speaking on a visit to Singapore this week, Timor-Leste's oil minister, Alfredo Pires, claimed to have "irrefutable proof" that, during negotiations in 2004, Australia's secret services had illegally obtained information. His lawyer claims the Timorese prime minister's offices were bugged.

Timor-Leste: Statement by Government of Timor-Leste (Australia, pending arbitration)

Jun 04, http://timor-leste.gov.tl/?p=8336&lang=en

Minister of State and of the Presidency of the Council of Ministers and Official Spokesperson for the Government of Timor-Leste

Statement by Government of Timor-Leste

Given the recent media regarding the pending arbitration between Timor-Leste and Australia, the Government of Timor-Leste reaffirms to the Government and People of Australia the overarching relationship between the two countries is and will continue to be one of deep unity, friendship and mutual respect. Both Timor-Leste and Australia are bonded by the shared values founded on the promotion and protection of democracy; a relationship that is steadfast and mature.

Whatever challenges in different sectors that might arise, and they will at varying times by nature of the close social, economic and geographic ties, the relationship can only be strengthened by any process of mutual accountability or joint evaluation. Above all, the commonalities between countries in sharing national and regional interests; and to protect and preserve the democratic way of life; will always be primary to any periphery or sectoral challenge.

While the relationship between the two nations is continually evolving, the basic and fundamental pursuit for regional peace, social harmony and prosperity will always bind the two countries. Most importantly, together Australia and Timor-Leste have always - first and foremost - joined to defend the ideas, freedoms and values that democracy yields.

Each and every country can count strengths and weaknesses; however, there is no doubt that what can be counted as one of Australia's greatest strength is the everyday Australian; so many of whom have given their hearts, time and commitment to Timor-Leste's journey from the struggle for independence to new found democracy. This stands above any matter and will always be the roots that bind both Peoples in friendship.

Tunisia: Investment Promotion Technical Assistance Program of the Islamic Development Bank group (ITAP) and the Foreign Investment Promotion Agency (FIPA) sign MoU for joint cooperation

Jun 20, http://www.africanmanager.com/site_eng/detail_article.php?art_id=20398

The memorandum aims to develop a framework to facilitate cooperation between the two institutions to provide technical assistance to Member States of the IDB, draw on the Tunisian experience in the field of investment promotion and contribute to social and economic development in Tunisia and the rest of the Member States.

Uganda: 'Mediation Fastens Dispensation of Justice'

Jun 20, http://allafrica.com/stories/201306201336.html

The Chief justice, Benjamin Odoki, has called for training of more mediators and capacity building of judicial officers to help in mediation of cases. This, he said will ease case backlog in the Judiciary. Speaking during the official launch of the Judicature mediation rules in Kampala, Odoki said Uganda was one of the first African countries to develop mediation rules with a two-year pilot project at the commercial court division.

Uganda: Over 300 Labour Disputes Pending in Courts

Jun 17, http://allafrica.com/stories/201306170090.html

"Over 300 labour disputes are pending in the courts of law due to absence of an industrial court yet International Labour Union Act calls for its establishment. However, Uganda has not adhered to these regulations Owere told New Vision online in an interview over the weekend.

UK: English courts can halt foreign proceedings that violate arbitration clauses

Jun 14, http://rapsinews.com/judicial_news/20130614/267774986.html

RAPSI - The United Kingdom Supreme Court held Wednesday that the English courts have jurisdiction to restrain foreign proceedings that would violate an arbitration agreement, even where arbitration proceedings are not being pursued.

UK: Judgment in Commercial Court Case - Heritage Oil strongly disagrees with the decision. Tullow Oil

Jun 14, http://www.heritageoilplc.com/resource/axgc7jgvadce17a6gd972jtk.pdf

Heritage Oil Plc (LSE: HOIL), an independent upstream exploration and production company, announces that judgment in the English Commercial Court case brought against Heritage and its wholly owned subsidiary Heritage Oil & Gas Limited by Tullow Uganda Limited ("Tullow") has been received today.

The Honourable Mr Justice Burton of the High Court in London has today, in relation to the $313 million contractual dispute between Tullow and Heritage, awarded judgment in favour of Tullow. Heritage's counterclaim was dismissed.

The Company strongly disagrees with the decision. It maintains the view that Tullow's original payments to the Uganda Revenue Authority were commercially motivated rather than as the result of a valid legal obligation.

Heritage will perform a robust and exhaustive evaluation of its legal options with a view to appealing the judgment. Any appeal process will be commenced within the prescribed time period of 21 days from the date of judgment.

It is apparent from the judgment that Burton J. was not ruling on the fundamental legality of the imposition of the tax by the Uganda Revenue Authority, and it has no bearing on the outcome of the international arbitration proceedings against the Ugandan Government in London, which are ongoing. Appeals to the Ugandan High Court in respect of the tax assessments are pending. Heritage's position remains, based on comprehensive advice from leading counsel, legal and tax experts, that this retrospectively placed tax, with no precedent, is not valid.

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

UK: Tullow receives judgment in its favour in proceedings against Heritage

Jun14, http://www.tullowoil.com/index.asp?pageid=137&newsid=847

Tullow Oil plc (Tullow) is pleased to announce that Tullow Uganda Limited, its Ugandan subsidiary, has received judgment in its favour in the proceedings against Heritage Oil and Gas Ltd and Heritage Oil Plc (together 'Heritage') in the High Court in London (Case No: 2011 Folio 471).

In 2010, Tullow agreed to acquire Heritage's Ugandan assets pursuant to a Sale and Purchase Agreement (SPA). The Uganda Revenue Authority (URA) designated Tullow Uganda Limited as agent in relation to this transaction which required Tullow to pay, on Heritage's behalf, US$313 million to the URA. This sum was the outstanding Capital Gains Tax that the Ugandan Government claimed from Heritage in respect of the transaction. Tullow sought an indemnity from Heritage under the SPA in respect of this US$313 million payment to the URA.

In his judgment, Mr. Justice Burton found in favour of Tullow's indemnity claim for US$313 million in its entirety and also dismissed Heritage's counterclaim. A further hearing will be scheduled in due course to address matters arising from the judgment such as the amount of interest Heritage owes Tullow on the US$313 million and Tullow's submissions in respect of payment of its costs by Heritage.

Ukraine: Court Validates Settlement Agreement Between Ukraine and Vanco Prykerchenska

Jun 07, http://un.ua/eng/article/453735.html

"To recognise in Ukraine the final judgment [under conditions agreed by the parties], the Arbitration Institute of the Stockholm Chamber of Commerce (Sweden) handed down on December 28, 2012 in the case V (91/2008) Vanco Prykerchenska Ltd vs State of Ukraine," the ruling said. This award can be appealed at the Kyiv Court of Appeal.

UNCTAD launches 3rd IIA Issues Note - Investment Regionalism [pdf]

Jun 11, http://investmentpolicyhub.unctad.org/Upload/Documents/UNCTAD_WEB_DIAE_IA_2013_IIA%20Issues%20Note%203%20Regionalism%20NEW%20.pdf

In its IIA Issues Note UNCTAD analyses the rise of regionalism in international investment policymaking and asks whether this brings consolidation or an additional layer of complexity

United States and Indonesia Meet Under Trade and Investment Framework Agreement (TIFA)

Jun 13, http://www.ustr.gov/about-us/press-office/press-releases/2013/june/us-indonesia-tifa

Washington, D.C. - Representatives from the United States and Indonesia held a wide-ranging discussion today under the U.S.-Indonesia Trade and Investment Framework Agreement (TIFA), reviewing the comprehensive trade agenda between the two countries, and seeking to address issues that would further job-promoting trade and investment between them. The parties discussed bilateral, regional, and multilateral trade issues, including their close cooperation within the framework of the Asia-Pacific Economic Cooperation (APEC) forum and their cooperation on this year's World Trade Organization (WTO) Ministerial session. Indonesia will host both the WTO Ministerial session and the APEC Leaders' Meeting later this year.

U.S. goods trade with Indonesia totaled $26 billion in 2012. Two-way services trade totaled $2.1 billion in 2011 (latest available data). U.S. exports of agricultural products to Indonesia totaled $2.5 billion in 2012, making Indonesia the 8th largest export market for U.S. agricultural products. U.S. foreign direct investment in Indonesia in 2011 was $11.6 billion, mostly in the energy and mining sectors.

The TIFA session was co-chaired by Assistant U.S. Trade Representative for Southeast Asia and the Pacific Barbara Weisel and Indonesian Ministry of Trade Director-General for International Trade Cooperation Iman Pambagyo. The U.S. team also included representatives from the Departments of Agriculture, Commerce, State, Homeland Security and Treasury, as well as the U.S. Environmental Protection Agency and the U.S. International Trade Commission.

The United States sought to address concerns related to the growing number of measures Indonesia has implemented to restrict access to its market in the agriculture, manufacturing, energy, and telecommunications sectors, as well as concerns related to Indonesian investment restrictions. The two countries will continue discussions tomorrow, with an agenda focused on intellectual property rights, and then will meet with U.S. and Indonesian business representatives to obtain their input on key issues of concern.

The TIFA is the main forum for the trade and investment discussions between the United States and Indonesia. Officials meet regularly both in formal TIFA meetings and informally to address bilateral issues, discuss ways to build our bilateral trade and investment relationship, and to coordinate with respect to APEC, WTO, and Association of Southeast Asian Nations (ASEAN) issues.

U.S. Chamber Commends Supreme Court for Preserving Availability of Arbitration to Consumers and Businesses

Jun 20, http://www.uschamber.com/press/releases/2013/june/us-chamber-commends-supreme-court-preserving-availability-arbitration-consu

"The purpose of this case was to torpedo the ability of two parties to resolve their disputes through arbitration instead of litigation. Today's ruling yet again upholds arbitration," said Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR). "The only people who lose under today's decision are those in the plaintiffs' bar who want to cash in by forcing disputes into already overburdened courts."

"Today's decision preserves contracting parties' right to choose a less costly and more efficient method of dispute resolution that is much more accessible to consumers and businesses than the expensive and overwhelmed judicial system," said Kate Todd, vice president of the U.S. Chamber's National Chamber Litigation Center (NCLC). "Today's decision does not foreclose any plaintiff with a legitimate claim from invoking their rights and pursuing their claim."

U.S. Supreme Court takes up BG Group arbitration case

Jun 10, http://www.reuters.com/article/2013/06/10/usa-court-argentina-idUSL2N0EM1H020130610?rpc=401

Reuters - The U.S. Supreme Court agreed on Monday to hear British company BG Group Plc's appeal over a $185.3 million arbitration award it won against Argentina that an appeals court later threw out.

US: Does An SEC Attorney Commit An Ethical Violation By Encouraging Whistleblowing Lawyers?

Jun 19, http://calcorporatelaw.com/2013/06/does-an-sec-attorney-commit-an-ethical-violation-by-encouraging-whistleblowing-lawyers/

The Harvard Law School Forum on Corporate Governance and Financial Regulation included a comprehensive post by Lawrence A. West which tackles the question of whether attorneys can be award-seeking whistleblowers. I want to approach the topic from the other direction. May an SEC attorney actively solicit disclosure of client confidences from a member of the California State Bar?

US: Finra panel sets $18.5 million award against defunct B-D

Jun 05, http://www.investmentnews.com/article/20130605/FREE/130609965

A Finra arbitration panel has issued an $18.5 million award to the trustee of Ponzi scheme Provident Royalties LLC, and the loser was a broker-dealer that no longer exists but at one time was a big seller of private placements.

US: Live Nation Entertainment Prevails In CTS Arbitration Proceeding

Jun 12, http://phx.corporate-ir.net/phoenix.zhtml?c=194146&p=irol-newsArticle&ID=1829329&highlight=

PRNewswire -- Live Nation Entertainment, Inc. (NYSE: LYV) reported today that it has prevailed in its arbitration against Germany-based CTS Eventim AG, and that the arbitrator ruled that the company validly terminated its ticketing software license agreement with CTS in June 2010, and therefore has no liability to CTS. The arbitration proceeding, related to the former ticketing software license agreement between the two companies, had been pending with the International Court of Arbitration of the International Chamber of Commerce since its initiation by CTS in April 2010.

"We are very pleased with, but not surprised by, today's ruling. The arbitrator's final decision vindicates Live Nation's steadfast position that we justifiably terminated our contract with CTS," said Michael Rapino, president and chief executive officer of Live Nation Entertainment.

US: Madoff Trustee, Arbitration Ruling, Taxes: Compliance

Jun 21, http://www.bloomberg.com/news/2013-06-21/madoff-trustee-arbitration-ruling-taxes-compliance.html

Banks including JPMorgan Chase & (JPM) Co. and HSBC Holdings Plc (HSBA) can't be sued by the Bernard Madoff firm's liquidator for $30 billion, an appeals court ruled.

US: Mediation to continue on Salton Sea restoration solutions

Jun 06, http://www.ivpressonline.com/news/ivp-mediation-to-continue-on-salton-sea-restoration-solutions-20130606,0,4191530.story

Mediation on how to address impacts caused by the nation's largest farm-to-city water transfer will continue between Imperial County and the Imperial Irrigation District, officials said Wednesday, although what that mediation will produce is still unclear.

US: PDL Files for Arbitration Against Genentech Based on Underpayment of Royalties [pdf]

Jun 11, http://files.shareholder.com/downloads/ABEA-6FA0L9/2526689065x0x669894/b0c9fabc-a473-4d6d-9cd6-f0c9ab1c3e03/PDLI_News_2013_6_11_Press_Releases.pdf

INCLINE VILLAGE, Nev., June 11, 2013 /PRNewswire/ -- PDL BioPharma, Inc. (PDL) (NASDAQ: PDLI) today announced that on June 7, 2013, the Company filed a Notice of Arbitration against Genentech with the American Arbitration Association in Voorhees, New Jersey, alleging, inter alia, that Genentech underpaid royalties going back to at least 2007 and impeded PDL's attempts to have Genentech's books and records inspected to determine whether Genentech's past payments to PDL were accurately calculated.

In 2009, PDL retained KPMG LLP (KPMG) to conduct an independent inspection and analysis of the books and records of Genentech and its sublicensees for the three year period covering January 1, 2007 to December 31, 2009, a right granted to PDL under PDL's Patent License Master Agreement and License Agreements with Genentech. KPMG reported to PDL that, due to limitations on its inspection imposed by Genentech, it was unable to assess the completeness or accuracy of Genentech's reporting of royalties. KPMG concluded that, based on the limited information it was able to review, Genentech appears to have underpaid PDL in an amount that, if substantiated, PDL believes would be material. Genentech has informed PDL that it disagrees with KPMG's conclusions and that it believes that it has correctly calculated royalties due.

In the arbitration, PDL: (i) requests a declaration of the parties' rights and obligations with respect to reporting and payment of royalties under the license agreements; (ii) alleges that Genentech has breached the license agreements due to its obstruction of KPMG's inspection and underpayment of royalties; and (iii) alleges that Genentech breached the implied covenant of good faith and fair dealing by depriving PDL of the benefits of the license agreements through its obstruction of the inspection, which we further assert concealed the nature and extent of its underpayment.

The outcome of this arbitration is uncertain, and PDL may not be successful in its allegations.

US: Report Highlighting Russia's World Trade Organization Compliance

Jun 20, http://www.ustr.gov/about-us/press-office/press-releases/2013/june/amb-sapiro-russia-wto-compliance

Acting U.S. Trade Representative Sapiro Issues Report Highlighting Russia's World Trade Organization Compliance

Washington, D.C. - Acting U.S. Trade Representative Miriam Sapiro announced that the Office of the United States Trade Representative (USTR) has submitted its first annual "Report on World Trade Organization (WTO) Enforcement Actions: Russia" to Congress. The Report highlights areas in which USTR has raised concerns, both bilaterally and multilaterally, about Russia's compliance with its WTO commitments.

"This Report demonstrates the emphasis that the Obama Administration continues to place on enforcing U.S. trade rights and securing benefits for U.S. manufacturers, workers, farmers, ranchers, service providers, creators and innovators," said Ambassador Sapiro. "USTR will continue to monitor Russia's implementation of its WTO commitments to ensure that U.S. stakeholders have the opportunity to benefit from Russia's membership in the WTO."

This report was prepared pursuant to section 201(b) of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitskiy Rule of Law Accountability Act of 2012 (P.L. 112-208), which requires the U.S. Trade Representative to submit a report to the Committee on Finance of the U.S. Senate and the Committee on Ways and Means of the U.S. House of Representatives describing the enforcement actions taken by USTR against Russia to ensure Russia's full compliance with its commitments as a Member of the WTO, including any commitments under agreements with members of the Working Party on the accession of Russia to the WTO. Consistent with other provisions in P.L. 112-208, in December 2013, USTR will submit the first annual report assessing Russia's implementation of the WTO Agreement, as well as Russia's accession to and implementation of the Information Technology Agreement and the Agreement on Government Procurement.

To view the full report, visit USTR's website here http://www.ustr.gov/sites/default/files/06192013%20Russia%20WTO%20Enforcement%20Report.pdf

Zimbabwe: Fund Zanu PF or lose land - white farmers told

Jun 20, http://www.newsday.co.zw/2013/06/20/fund-zanu-pf-or-lose-land-white-farmers-told/

Governor Christopher Mushohwe is reported to have held a meeting with the white commercial farmers at the Golden Peacock Hotel last Thursday on behalf of Zanu PF where he reportedly asked them to help fund the party's election campaign, failure of which they would lose their land.

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.

Rwanda: The future of Arbitration in EAC redefined at Workshop organized by KIAC - KIAC (Kigali International Arbitration Centre)

Jun 11, http://kiac.org.rw/news/article/the-future-of-arbitration-in-eac

Arbitration in the East African Community region is yet to take shape following the recommendations from the just concluded regional workshop organized by Kigali International Arbitration Centre (KIAC) on the 24th- 25th May 2013.

Considering the diversity of experience of the 100 participants that were represented, the workshop indeed marked a new platform for regional collaboration and dialogue on the future of commercial arbitration within the East African Community. Countries represented include Burundi, Kenya, Mauritius, Nigeria, Tanzania, Uganda, Belgium and the UK.

In his opening remarks, the Chief Justice of Rwanda His Lordship Sam Rugege delivered the Opening Address and highlighted the role of arbitration in the promotion of Doing Business in the region. He pledged full support of the Rwandan judiciary considering that it is in the vision of Rwanda's judiciary to ensure that disputes are resolved amicably without going to courts. The key note address was by Mr. Shasore San Olasupo former Attorney General of Lagos State.

Two sessions were organized to jointly assess the Arbitration practice in EAC partner states. Speakers on each panel made presentations on various aspects of arbitration within their countries. This was later followed by the analysis of the proposed draft bill amending the Rwandan arbitration act 2008. The third session was on the overview of the Regionalization of international arbitration by Mr. GERBAY Rémy; the former Deputy Registrar of LCIA- London. Each session was crowned with a highly interactive question and answer session.

During the workshop, participants were enthusiastic on the proposal of the need to establish a regional arbitration Centre for EAC, with distinct yet harmonized rules. They further argued that there is need for the respective countries in EAC to empower arbitration practice by providing various incentives to the practitioners.

The second day of the workshop focused on the 1958 New York Convention that was led by ICCA Governing Board Member Professor Albert Jan van den Berg. He examined the Convention's objectives, suggesting methods of interpreting and applying its text in accordance with best international practice.

The workshop was organized to mark the first anniversary of KIAC and was supported by the Investment Climate Facility for Africa, the Rwanda Private Sector Federation and Ministry of East African Community. The lessons learned from this regional workshop will guide KIAC in preparation of the International Arbitration conference that is scheduled for Africa in 2014.

For more information please visit our website on www.kiac.org.rw

2013 Lalive Lecture was delivered by Prof. Alain Pellet on 5 June 2013

Jun 07, http://www.lalive.ch/e/news/index.php?id=871

On 5 June 2013, LALIVE, together with the Graduate Institute of International and Development Studies (HEID), hosted the seventh Lalive lecture in Geneva. This year's lecture was delivered by Prof. Alain Pellet, Professor at the University Paris-Ouest, Nanterre-La Défense, Past President of the International Law Commission of the United Nations, and President of the Société française pour le Droit international. Professor Pellet's lecture was entitled "La jurisprudence de la Cour internationale de justice dans les sentences CIRDI". The lecture was followed by a cocktail reception.

Belgium: Cepani - Launch of b-Arbitra, June 20, 2013, 4.00 pm - 6.00 pm [pdf]

Jun 20, http://www.cepani.be/upload/files/INV-arbitra-US-UK-web.pdf

Cepani and Bruylant are pleased to announce the creation of b-Arbitra, the Belgian Review of Arbitration.

b-Arbitra is a peer-reviewed legal journal dedicated to promoting debate on novel issues and to providing the premier source of information on commercial and investment arbitration in Europe.

In order to mark this important event, a conference will be held featuring presentations by: Michel Flamée, Stefan Kröll and Sophie Nappert.

The presentations will be followed at 5.30 pm by the scientific Award Ceremony of Cepani 2012 at which we will be pleased to welcome the Minister of Justice, Mrs Annemie Turtelboom.

Belgium: Cepani Colloque - The new 2013 CEPANI Arbitration Rules, 24 october 2013 [pdf]

Oct 24, http://www.cepani.be/upload/files/invitation-24-10-2013.pdf

Topics include:

Conference materials available - Dispute Resolution in M&A Transactions, Tactics, Challenges, Defences - videos, presentations

Jun 21, http://www.sadarbitrazowy.org.pl/en/ma

Dispute Resolution in M&A Transactions: Tactics, Challenges, Defences - 6-7 June 2013, Warsaw

Rwanda: KIAC organizes the Training in Mediation Skills

Jun 19, http://kiac.org.rw/news/article/kiac-organizes-the-training-in

Kigali International Arbitration Centre (KIAC) has for the first time organized a six-day programme of comprehensive training for selected participants on commercial Mediation at Lemigo Hotel from 17th-23rd June 2013.

JOBS / MOVES

Chadbourne Appoints Mark Beckett as Head of International Arbitration Practice

Jun 04, http://www.chadbourne.com/newsevents/NewsDetail.aspx?news=2163

Chadbourne & Parke has named Mark Beckett as its new Head of the International Arbitration practice.

Finland: New Board of the Arbitration Institute of the Finland Chamber of Commerce

Jun 10, http://arbitration.fi/en/news/

The revised Arbitration Rules and Rules for Expedited Arbitration of the Finland Chamber of Commerce entered into force on 1 June 2013.

The Arbitration Institute of the Finland Chamber of Commerce administers the settlement of disputes in domestic and international arbitrations governed by its Rules. In addition, the Arbitration Institute may be designated as appointing authority without subjecting the arbitration to the provisions of the Rules. Although part of the organization of the Finland Chamber of Commerce, the Arbitration Institute carries out its functions in complete independence from the Finland Chamber of Commerce and its organs.

The Arbitration Institute is composed of a Board of Directors and a secretariat. The new Rules provide that the Board shall include both Finnish and non-Finnish nationals. The international Board members will participate in the functions of the Board in international cases, i.e. in any cases involving a non-Finnish party. In practice the international Board members will participate in the appointment of arbitrators, decision making regarding prima facie jurisdiction and challenges to arbitrators as well as the determination of arbitrators' fees in cross-border disputes alongside the Finnish Board members.

The Board of the Finland Chamber of Commerce has appointed the following persons as members of the Board of the Arbitration Institute for a term between 1 June 2013 and 31 May 2016:

Chair

Vice-Chairs

Other Finnish Board members

International Board members

Institute for Transnational Arbitration: New Members and Advisory Board Representatives

Jun 03, http://www.cailaw.org/Institute-for-Transnational-Arbitration/News/2012/ita-news-item-1a.html

New Sustaining Member Representatives

New Supporting Member Representatives

New Sponsoring Member Representatives

New Associate Member Representatives

New Academic/Government/Nonprofit Member Representatives

Charles N. Brower to Receive Pat Murphy Award

Jun 13, http://www.cailaw.org/Institute-for-Transnational-Arbitration/News/2013/pat-murphy-award.html

ITA will recognize The Hon. Charles N. Brower with its Pat Murphy Award on Thursday, June 20, at the Annual Advisory Board Dinner in Dallas. The Pat Murphy Award is ITA's highest honor, created in 2008 in honor of ITA's founder and first Advisory Board Chair, Ewell E. "Pat" Murphy , Jr. It is awarded in recognition of outstanding service and achievement in international arbitration. Judge Brower is the first person to receive the award other than Mr. Murphy himself.

CIArb: Global arbitration body elects its first female President of Australia - Rashda Rana

Jun 19, http://acica.org.au/assets/media/ACICAMediaStatmentRashdaRana2013.pdf

Sydney: The Australian branch of the global arbitration body the Chartered Institute of Arbitrators (CIArb) has elected barrister Rashda Rana as its first female President.

DLA Piper bolsters global Litigation practice with T. Steven Har in New York

Jun 12, http://www.dlapiper.com/har-release/

DLA Piper announced today that T. Steven Har has joined the firm's Litigation practice as a partner in New York. Har's practice focuses on product liability, banking, and general commercial litigation matters, much of which originate from Korean multinational clients doing business in the US. He has also served as counsel in arbitrations before the International Chamber of Commerce, the American Arbitration Association and the Korean Commercial Arbitration Board. At DLA Piper, Har will work closely with the products liability and international arbitration practices.

DLA Piper grows Litigation and Arbitration team with two key appointments

Jun 05, http://www.dlapiper.com/dla-piper-grows-litigation-and-arbitration-team-with-two-key-appointments-06-05-2013/

DLA Piper, the global law firm, has announced two appointments in its Middle East Litigation and Arbitration team to support an increased level of instructions, notably in the UAE and Qatar. Chris Wilcock joins as Legal Director and Sharif Hamadeh as Legal Consultant, bringing significant experience of construction and infrastructure disputes and international arbitration to the team.

Hogan Lovells Expands Litigation and International Arbitration Capabilities With Three Partners - News - Hogan Lovells

Jun 05, http://www.hoganlovells.com/hogan-lovells-expands-litigation-and-international-arbitration-capabilities-with-three-partners-06-05-2013/

NEW YORK, 5 June 2013 - Hogan Lovells today announced the addition of three partners from Chadbourne & Parke to its Litigation and Arbitration practice. Oliver J. Armas, the co-head of Chadbourne & Parke's International Arbitration Group, and Phoebe A. Wilkinson, the co-head of Chadbourne's Product Liability Group, will join Hogan Lovells' New York office. Luis Enrique Graham, a prominent litigation and arbitration practitioner, will be resident in Mexico City, with a significant presence in New York.

Professor Andrea Bjorklund first incumbent of the L. Yves Fortier Chair in International Arbitration and International Commercial Law

Jun 07, http://www.mcgill.ca/channels/news/professor-andrea-bjorklund-first-incumbent-l-yves-fortier-chair-international-arbitration-and-intern-226999

The Faculty is delighted to announce that Professor Andrea K. Bjorklund has been appointed as the first incumbent of the L. Yves Fortier Chair in International Arbitration and International Commercial Law at McGill University's Faculty of Law.

Books

ICC publishes English guide to arbitration cases in UAE

Jun 11, http://www.iccwbo.org/News/Articles/2013/ICC-publishes-English-guide-to-arbitration-cases-in-UAE/

ICC has published the first English language guide to sample cases of United Arab Emirates' (UAE) arbitration, providing the international arbitration community easier access to UAE jurisprudence.

Harvard's Top 5 Business Negotiation Mistakes - free download

Jun 18, http://www.pon.harvard.edu/free-reports/thank-you/?freemium_id=6889

ICSID

Valores Mundiales, Consorcio Andino v #Venezuela (ICSID ARB/13/11)

Food prod. enterprise June 6 #arbitration

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