issue #10, week 30. 22 July 2013
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

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NEWS

34 legal acts incorporated into the EEA Agreement - EFTA

Jul 15, http://www.efta.int/eea/eea-news/2013-07-15-jc-meeting.aspx

New rules on the screening of liquids, aerosols and gels at EEA airports were among the 34 EU legal acts adopted by the EEA Joint Committee on 15 July 2013.

Two directives on the rules regarding the screening of liquids, aerosols and gels (LAGs) at airports have been incorporated into the EEA Agreement. The rules aim to progressively phase in a screening system for liquid explosives and to completely lift restrictions on carrying LAGs from January 2016. The first step of this phased approach will enter into force on 31 January 2014 and will make it mandatory for airports to commence screening with special liquid explosive detection equipment. The operational impact of this first phase will be closely monitored and evaluated, and if successful will lead to further legislative amendments.

In addition, on 8 July 2013, the EEA EFTA States and EU adopted two Joint Committee Decisions (JCDs) by written procedure, an exceptional procedure whereby JCDs of an important or urgent nature are adopted outside the regular Joint Committee meetings. The two JCDs incorporate the EU budget line for 2013 on the Internal Market and secure EEA EFTA participation in the EU Statistical Programme for 2013.

At the EFTA Standing Committee meeting earlier in the day, Iceland introduced its Work Programme for the second half of 2013.

Full list of adopted legal acts http://www.efta.int/~/media/Documents/eea/eea-news/2013-07-15-eea-jcds-adopted.pdf

Beijing Arbitration Commission holds Seminar on Techniques and Skills in Handling Cases Involving Enterprises

Jul 16, http://www.bjac.org.cn/en/news/view.asp?id=2256

The fourth session of the research group for the management of cases involving enterprises hosted by the China Research Center for the Management of Legal Affairs in Enterprises was held successfully in BAC on May 8, 2013. The theme of the seminar was "Techniques and Skills in Handling Cases Involving Enterprises." People from all circles concerned about the management of legal affairs in enterprises participated in the seminar, including in-house counsels of domestic large enterprises, judges, lawyers and scholars. Ye Xiaozhong, Director of China Research Center for the Management of Legal Affairs in Enterprises, presided over the seminar and Chen Fuyong, Deputy Secretary General of Beijing Arbitration Commission ("BAC"), was present at the seminar and gave the welcoming speech.

Beijing Arbitration Commission Library Sets up "Arbitrator Contribution" Section

Jul 19, http://www.bjac.org.cn/en/news/view.asp?id=2268

BAC arbitrators have been contributing to BAC's development with gift of good books. Now, for better management of these books and for enhancement of BAC as a research, training and dissemination center of China's commercial dispute resolution, we set up a special "Arbitrator Contribution" section in our library for the collection and display of books written, edited, or just contributed by our arbitrators.

Beijing Arbitration Commission Welcomed Teachers and Students from France

Jul 16, http://www.bjac.org.cn/en/news/view.asp?id=2258

On April 26, 2013, teachers and students from the Law School of Renmin University of China and l'Université d'Aix-Marseille Faculté de droit visited BAC.

Beijing Arbitration Commission: Report on Chinese Legal Development 2012 Participated by BAC Officially Released

Jul 16, http://www.bjac.org.cn/en/news/view.asp?id=2255

On May 4, 2013, the press conference and seminar of the Report on Chinese Legal Development 2012: Professionalization of Chinese Legal Professionals, the composition of which was participated by Beijing Arbitration Commission (hereinafter referred to as BAC), was held in the Law School of Renmin University of China. Chen Fuyong, Deputy Secretary General of BAC, was present and participated in the discussion.

WTO: EU files dispute against Russia on recycling fee on motor vehicles

Jul 09, http://www.wto.org/english/news_e/news13_e/ds462rfc_09jul13_e.htm

The European Union notified the WTO Secretariat on 9 July 2013 of a request for consultations with the Russian Federation on measures imposed by Russia relating to a charge, the so called "recycling fee", imposed on motor vehicles.

WTO: Fast-changing nature of world trade poses new policy challenges, report says

Jul 19, http://www.wto.org/english/news_e/pres13_e/pr692_e.htm

The future of world trade, and the global trading system, will be shaped by a range of economic, political and social factors, including technological innovation, shifts in production and consumption patterns, and demographic change, according to the 2013 World Trade Report published by the WTO on 18 July 2013. Director-General Pascal Lamy said: "One element clearly stands out in the Report, and that is the importance of trade for development".

WTO: Trade concerns raised against Ukraine, Russia, Brazil, Japan, Indonesia and Nigeria

Jul 11, http://www.wto.org/english/news_e/news13_e/good_11jul13_e.htm

At the Council for Trade in Goods meeting on 11 July 2013, concerns were raised over certain trade measures by Ukraine, Russia, Brazil, Japan, Indonesia and Nigeria. The Council noted the recent notification of some 11 regional trade agreements.

WTO: Trade Policy Review: European Union

Jul 18, http://www.wto.org/english/tratop_e/tpr_e/tp384_e.htm

The eleventh review of the trade policies and practices of the European Union takes place on 16 and 18 July 2013. The basis for the review is a report by the WTO Secretariat and a report by the Government of the European Union.

UNCITRAL adopts Transparency Rules for treaty-based investor-State arbitration and amends the UNCITRAL Arbitration Rules

Jul 12, http://www.unis.unvienna.org/unis/pressrels/2013/unisl186.html

VIENNA, 12 July (UN Information Service) - On 11 July 2013,the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (the "Transparency Rules"). The Transparency Rules are the ground-breaking result of nearly three years of negotiations in the UNCITRAL Working Group on Arbitration. The Transparency Rules constitute a robust, innovative set of procedural rules that will make arbitrations involving a State, initiated under an investment treaty, accessible to the public.

The Transparency Rules represent a fundamental change from the status quo of arbitrations conducted outside the public spotlight. Indeed, confidentiality is often a valued feature of commercial arbitration. But in investor-State disputes, the arbitration involves a State and often issues of public interest, as well as taxpayer funds. Acknowledging the fundamental role of the public as a stakeholder in investor-State disputes, UNCITRAL undertook the drafting of the new Transparency Rules to provide a level of transparency and accessibility to the public of these disputes that is to date unprecedented. The Rules are also innovative in their approach to balancing the public interest in an arbitration involving a State, and the interest of the disputing parties in a fair and efficient resolution of their dispute.

The Transparency Rules, which will come into effect on 1 April 2014, will only apply to treaty-based investor-State arbitration. Future treaties referring disputes arising thereunder to the UNCITRAL Arbitration Rules will be subject to the Rules on Transparency, unless the Parties to the treaty agree otherwise.

Consequently a new paragraph has been added to the UNCITRAL Arbitration Rules (as revised in 2010) to ensure that the link between the UNCITRAL Arbitration Rules and the Transparency Rules is made clear. The result is a new set of UNCITRAL Arbitration Rules, dated 2013, also adopted yesterday by the Commission, which will come into force at the same time as the Transparency Rules. The UNCITRAL Arbitration Rules (with new article 1, paragraph 4, as adopted in 2013) remain applicable to commercial arbitrations, to which the amendment will not apply. The UNCITRAL Arbitration rules ( with new article 1, paragraph 4, as adopted in 2013) will also come into effect on 1 April 2014.

The new Transparency Rules however are not limited to arbitrations conducted under the UNCITRAL Arbitration Rules, and are available for use in investor-State arbitrations initiated under rules other than the UNCITRAL Arbitration Rules, or in ad hoc proceedings.

In addition, the Commission decided to prepare a convention in relation to the application of the Transparency Rules to disputes arising under existing investment treaties.

The Commission also heard a presentation on the online platform - www.newyorkconvention1958.org - that provides freely accessible case law from across the globe on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958. This continuously updated compilation which includes summaries and full text of case law in a highly searchable format, represents a unique and wide-ranging effort to disseminate source information to as broad an audience as possible. The Commission decided to consider at its next session in 2014 the text of a guide on the New York Convention.

UNCTAD urges fresh approaches to investment policymaking

Jul 19, http://unctad.org/en/pages/newsdetails.aspx?OriginalVersionID=576&Sitemap_x0020_Taxonomy=Investment%20and%20Enterprise;#607;#International%20Investment%20Agreements%20(IIA);#20;#UNCTAD%20Home

Download: http://unctad.org/en/PublicationsLibrary/webdiaepcb2013d6_en.pdf

A new international investment agreements (IIAs) issues note produced by UNCTAD offers suggestions on investment policy that are designed to foster inclusive growth and sustainable development.

The IIA Issues Note, entitled Towards a New Generation of International Investment Policies: UNCTAD's Fresh Approach to Multilateral Investment Policymaking, was originally prepared for a 2013 investment seminar organized by Finland's Ministry for Foreign Affairs. The seminar was part of the Helsinki Process on Globalization and Democracy.

The issues note discusses a recent paradigm shift in investment policymaking that has come about as a result of changing economic realities and multiple crises, and has resulted in inclusive growth and sustainable development becoming increasingly prominent objectives for IIA stakeholders.

The note addresses the multiple issues facing international investment policymaking, and identifies four main challenges:

UNCTAD's recently launched Investment Policy Framework for Sustainable Development offers a two-pronged approach for addressing these challenges:

This approach benefits from UNCTAD's worldwide recognition as the focal point in the United Nations system for issues related to investment and sustainable development.

PCA Investor-State Hearing in Hong Kong

Jul 05, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=367&pag_id=1261

The Permanent Court of Arbitration (PCA) has concluded a one-week hearing in an arbitration between a foreign investor and an Asian State at the premises of the Hong Kong International Arbitration Centre (HKIAC). The hearing marks the first occasion for the PCA to invoke a 2010 cooperation agreement with the HKIAC.

The arbitration, for which the PCA acts as registry, is conducted pursuant to an international investment treaty. The tribunal is composed of Dean John Y. Gotanda, Mr. Neil Kaplan CBE QC SBS and Professor Campbell McLachlan QC.

While the PCA's headquarters at the Peace Palace in The Hague, the Netherlands, are available for meetings and hearings in PCA proceedings, the PCA has also concluded host country agreements or cooperation agreements to facilitate the conduct of meetings and hearings in Argentina, Chile, Costa Rica, India, Hong Kong, Mauritius, Singapore, South Africa and the United Arab Emirates.

The PCA currently has 78 pending cases, 26 of which involve one or several parties from Asia.

PCA: New appointment to Financial Assistance Fund board - L. Yves Fortier, CC OQ QC

Jul 22, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=371&pag_id=1261

On July 2, 2013, at its 187th Meeting, the Administrative Council of the Permanent Court of Arbitration approved the appointment of L. Yves Fortier, CC OQ QC, to the Board of Trustees of the PCA's Financial Assistance Fund for Settlement of International Disputes for a renewable term of four years.

A Member of the Court from 1984 to 1989, Me Fortier practices law in Montréal as an independent arbitrator and is recognized as one of the top arbitrators in the world. He has served as chairman, president, sole arbitrator or co-arbitrator on numerous international and national arbitral tribunals, either ad hoc or constituted by different arbitral institutions around the globe. He has also served as Canada's Permanent Representative to the United Nations in New York.

Established in 1994, the PCA's Financial Assistance Fund helps developing countries meet part of the costs involved in international arbitration or other means of dispute settlement offered by the PCA. Requests by states to the Fund are decided by its Board of Trustees which consists of no fewer than three, but no more than seven members who have experience in international dispute resolution and are of the highest moral standing. In accordance with Paragraph 8 of the Financial Assistance Fund's Terms of Reference and Guidelines, members of the Board are appointed by the PCA Secretary-General with the approval of the Administrative Council.

McGill Arbitration Society Is Recruiting - apply before July 19th

Jul 11, http://www.arbitrationsociety.ca/?p=789

The McGill Arbitration Society is looking for students who are interested in becoming part of its Executive Committee.

ITLOS: Arbitral Proceedings Between Bangladesh and India - New Arbitrator Appointed - Jean-Pierre Cot

Jul 19, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_198_E.pdf

On 18 July 2013 the President of the International Tribunal for the Law of the Sea, Judge Shunji Yanai, appointed Mr Jean-Pierre Cot as arbitrator in the arbitral proceedings instituted for the settlement of the maritime delimitation dispute between Bangladesh and India in the Bay of Bengal. Mr Cot is replacing Mr Tullio Treves (Italy), who has chosen to resign as a member of the arbitral tribunal in the proceedings.

On 3 July 2013 President Yanai received a letter from the Deputy Agent of Bangladesh and Secretary of the Maritime Affairs Unit, Rear Admiral Md. Khurshed Alam (Retired), in which he asked the President to appoint a replacement for Mr Treves.

Pursuant to article 3, subparagraph (f), of Annex VII to the United Nations Convention on the Law of the Sea, a vacancy in the arbitral tribunal should be filled "in the manner prescribed for the initial appointment". The President is therefore required to make the appointment to fill the vacant seat within a period of 30 days from receipt of the request and in consultations with the parties, as prescribed in article 3, subparagraph (e), of Annex VII to the Convention. Mr Cot was appointed following consultations that took place on 18 July between the President of the International Tribunal for the Law of the Sea and the two parties to the dispute.

The full composition of the five-member Annex VII arbitral tribunal is now as follows: Rüdiger Wolfrum, president (Germany), Thomas A. Mensah (Ghana), Pemmaraju Sreenivasa Rao (India), Ivan Shearer (Australia) and Jean-Pierre Cot (France).

ICSID: Ukraine is obliged to pay to Joseph Lemire 10.3 million dollars in the case of "Gala Radio"

Jul 10, http://onair.ru/main/enews/view_msg/NMID__45066/

ICSID website reports "ad hoc Committee issues decision on annulment July 8" - [Machine translation] The Arbitration Tribunal of the International Centre for Settlement of Investment Disputes of the World Bank (ICSID) upheld its decision to claim the founder of "Gala Radio" Joseph Lemire against Ukraine. The decision is not subject to appeal, affirmed that the previous arbitration has not exceeded its powers, Lemire satisfied the claim in the amount of more than $ 10 million.

GCC Commercial Arbitration signs an Agreement for its New Website

Jul 13, http://www.bna.bh/portal/en/news/570360

Manama, July 13th (BNA) -The GCC Commercial Arbitration Center signed an agreement on the establishment of the new website to be launched at the beginning of next year, 2014, which will be accompanied with the launch of interactive accounts on social networking sites (Facebook, Twitter, Instagram).

ECA and WTO strengthen cooperation to enhance Africa's participation in multilateral trade

Jul 08, http://www.wto.org/english/news_e/news13_e/igo_06jul13_e.htm

The Economic Commission for Africa (ECA) and the WTO, on 8 July 2013, signed a Memorandum of Understanding to enhance trade-related technical assistance and capacity-building for African countries. Director-General Pascal Lamy said "building capacity to trade is a 'must' step for Africa to more effectively participate in the global economy."

EFTA meets Russia, Belarus and Kazakhstan for ninth round of free trade negotiations - EFTA

Jul 4, http://www.efta.int/free-trade/free-trade-news/2013-07-4-efta-rubeka-9th-rd-free-trade-nego.aspx

Delegations from the seven Parties pursued their work towards a broad-based preferential trade agreement from 1 to 4 July 2013 in Geneva.

Since the last round of negotiations conducted in April 2013, expert groups on trade in goods, trade in services and investment, rules of origin and government procurement had convened in intersessional meetings to advance further in their respective fields. At the ninth round in Geneva, these discussions were pursued, also extending to most other areas of the draft agreement. Detailed follow-ups were agreed to be undertaken by both sides in view of the next round, foreseen for September.

Mr Jan Farberg, Director General at the Norwegian Ministry of Trade and Industry, headed the EFTA side, while Mr Maxim Medvedkov, Director of the Department for Trade Negotiations in the Ministry of Economic Development of the Russian Federation, acted as spokesperson for the members of the Customs Union.

The three countries forming the Customs Union of Russia, Belarus and Kazakhstan are EFTA's sixth largest export destination and fourth largest import source outside the European Union, with two-way merchandise trade worth USD 8.7 billion in 2012. It is also a significant partner for trade in services and investment.

Antiguan Government Announces Formation of WTO Remedies

Jul 17, http://www.ab.gov.ag/article_details.php?id=4294&category=38

The Government of Antigua and Barbuda today announced the formation of a select committee charged with overseeing the implementation process, as the nation seeks to suspend certain concessions and other obligations relating to United States intellectual property rights as sanctioned by the World Trade Organisation (the "WTO") at a session in January of this year.

The seven-member "WTO Remedies Implementation Committee" (the "RIC"), chaired by Antiguan Attorney General Mr Justin Simon QC, is responsible for directing the government's plan to build the framework necessary to suspend selected US intellectual property rights to the tune of US $21 million per year, effective from April, 2006.

The newly formed committee also includes Permanent Secretary in the Department of Trade, Industry and Commerce, Ambassador Colin Murdoch, Magistrate and Deputy Registrar of Intellectual Property, Conliffe Clarke, Legislative Drafter in the Department of Legal Affairs, Ayesha Baisden, Deputy Financial Secretary in the Department of Finance, John Edwards and two additional persons who will be designated by the Ministry of Telecommunications, Science and Technology and by the Antiguan Intellectual Property office, along with legal counsel, Mark Mendel.

"I am very pleased with the composition of our implementation committee," said Attorney General Simon, "as it clearly has the expertise that we will need to cover all the bases in the development and implementation of our WTO-approved remedies. I am asking the committee to work with me expeditiously to ensure prompt and proper use of this valuable right."

Mr Simon further observed that in addition to devising the implementation scheme, the RIC would also ensure that Antigua and Barbuda would do so in full compliance with all applicable international and domestic laws that might relate to the suspension of the intellectual property rights.

As the Antiguan government had announced in the Spring, events have made it clear that recourse to the WTO remedy is at this time necessary if the nation is to progress towards a swift and equitable resolution in the decade long trade dispute with the United States.

"We have been seeking a fair and reasonable compromise of this matter since the day we brought the case," added Attorney General Simon, "but unfortunately the United States has not yet put a fair settlement offer on the table. Whether or not recourse to these remedies will convince it otherwise, in any event, at least there will be some substantial compensation to Antigua and Barbuda as the IP suspensions are implemented".

The RIC will convene its first organisational session within a week and is expected to deliver its first progress report to government no later than two weeks thereafter.

Argentina-Spain: Repsol secures Spanish court case over YPF expropriation

Jul 12, http://www.ft.com/intl/cms/s/0/5c2c143e-ea33-11e2-913c-00144feabdc0.html

Repsol has hailed progress in the landmark legal battle against last year's expropriation of its YPF subsidiary in Argentina, after a Madrid court ruled that it was competent to judge a case brought by the Spanish oil group against the companies that it says benefited illegally from the move.

The decision to proceed with the case is bad news for YPF and for Chevron, the US oil group, which is set next week to sign a deal to develop Argentina's giant Vaca Muerta shale formation with YPF. Repsol's majority stake in Vaca Muerta was the crown jewel of its operations in Argentina. The group's lawsuit is also directed against Bridas, a Sino-Argentine oil company that is also planning a shale joint venture with YPF.

Australia: Anti-smoking Australia prevails in dry run of WTO dispute

Jul 10, http://wkzo.com/news/articles/2013/jul/10/anti-smoking-australia-prevails-in-dry-run-of-wto-dispute/, http://wkzo.com/news/articles/2013/jul/10/anti-smoking-australia-prevails-in-dry-run-of-wto-dispute/

Reuters - In a dry run of one of the biggest legal battles in public health, an advocate for Australia's tobacco policies has delivered seemingly strong rebuttals of objections likely to be mounted in a landmark case at the World Trade Organization.

Australia: Law Spoils Tobacco's Taste, Australians Say

Jul 11, http://www.nytimes.com/2013/07/11/business/global/law-spoils-tobaccos-taste-australians-say.html?ref=global-home&_r=1&

SYDNEY, Australia - More than seven months have passed since Australia imposed one of the world's toughest laws for tobacco warning labels, swapping iconic packaging for graphic images of mouth ulcers, cancerous lungs and gangrenous limbs.

Bahamas: Water Corp's $8m defaults protected supplier 'breaches'

Jul 11, http://www.tribune242.com/news/2013/jul/11/water-corps-8m-defaults-protected-supplier/, http://www.tribune242.com/news/2013/jul/11/water-corps-8m-defaults-protected-supplier/

And it also called for future contracts between the Water & Sewerage Corporation and private sector water suppliers to include clauses referring disputes to arbitration, rather than going through the courts.

Belarus to partake in UNCITRAL session in Vienna

Jul 05, http://news.belta.by/en/news/society?id=720355

BelTA - The Belarusian delegation headed by director of the main legal department of the Foreign Ministry Andrei Popkov will attend the 46th session of the United Nations Commission on International Trade Law (UNCITRAL) which is due from 8 to 26 July in Vienna, Austria, BelTA learnt from the press service of the Foreign Ministry of Belarus.

Canada-Japan Trade Negotiations Continue to Advance

Jul 12, http://www.international.gc.ca/media/comm/news-communiques/2013/07/12a.aspx

The Honourable Ed Fast, Minister of International Trade and Minister for the Asia-Pacific Gateway, today marked the conclusion of the third round of negotiations toward a Canada-Japan economic partnership agreement (EPA). Negotiations took place in Tokyo from July 8 to 12, 2013.

Canada: International Trade Agreements and Local Government - A Guide For Canadian Municipalities

Jul 19, http://www.international.gc.ca/trade-agreements-accords-commerciaux/ressources/fcm/index.aspx?lang=eng

This Guide to Canada's international trade agreements was developed by Foreign Affairs, Trade and Development Canada at the request of and in collaboration with the Federation of Canadian Municipalities (FCM).

This Guide is intended for use by municipal officials as a consolidated source of information about Canada's international trade agreements and as a practical tool for assessing whether and how provisions in those agreements might be relevant to particular municipal programs and activities.

Chevron Indonesia graft case spooks investors

Jul 09, http://www.ft.com/intl/cms/s/0/fb57b71c-d984-11e2-98fa-00144feab7de.html

The Chevron case has highlighted the unpredictable nature of the justice system in Indonesia, as officials and departments fight for power in a democracy that is still evolving 15 years after the end of General Suharto's 32-year dictatorship.

China rejects arbitration on disputed islands in S.China Sea

Jul 19, http://english.cntv.cn/program/newsupdate/20130719/104385.shtml

China repeated its objection against arbitration on the matter. As that continues, on Friday, scholars and diplomats gathered in Beijing to discuss the potential for cooperation and development in the South China Sea.

China: Green Dragon Gas plans to appeal arbitration ruling - ConocoPhillips

Jul 12, http://www.greendragongas.com/index.php?load=/en/ir/press_releases_content.html&file=194-GDG%20COP%20appeal

Green Dragon Gas Ltd. (AIM: GDG), one of the largest independent companies involved in the production of CBM gas in China announces that the arbitration tribunal on the ConocoPhillips China Inc ("COPC") matter has awarded US$42.6m plus fees and interest against the Company. This ruling requires the return of all the funds paid by COPC to the Company in the Farmout Agreement entered into in August 2009 and terminated in November 2010. The Company has included a contingent liability note in its accounts since 2010 relating to this arbitration. The arbitration was anchored around the issue of the Company's ability to enforce title in its three Shanxi production sharing contracts ("PSCs"). The Company has always considered that it has valid title and this was confirmed by the Central Government of China earlier this week and announced on the 10th of July 2013. The arbitral tribunal was informed of such an expected ruling but they decided to close the arbitration proceedings, and proceeded to deliver their award without considering this significant development.

Randeep Grewal, Founder and Chairman of Green Dragon Gas, commented:

"We are disappointed in this ruling. Our PSCs continue today as they were on issue: In full force and effect. We are evaluating the course of action with our advisors who have guided us through the arbitration over the last three years. Specifically, the tribunal panel was informed of a material conclusion as to title which appears not to have been taken into consideration. We consider this, among other matters, as a ground for a challenge against the award and are presently having our advisors review and to take all necessary steps for a potential filing to set aside the award."

Chinese, Swiss ink free trade agreement

Jul 06, http://dawn.com/news/1023335/chinese-swiss-ink-free-trade-agreement

China and Switzerland on Saturday signed a free trade agreement (FTA) - Beijing's first in continental Europe - in a deal that comes against a backdrop of trade tensions between the Asian giant and the European Union (EU).

Croatia: Orco arbitration in Croatian investment suspended [pdf]

Jul 12, http://www.orcogroup.com/sites/orco-corpo/files/press-and-media/documents/OPG%20-%202013-07-12%20PR.PDF

The Republic of Croatia and Orco Property Group Suspend Arbitration Proceedings

On 9 July 2013, representatives of the State of Croatia and Orco Property Group drafted and agreed on a roadmap for the financial and operational recovery of Suncani Hvar d.d.

Pursuant to the agreed roadmap, the parties will suspend the arbitration proceedings that consist of Orco's claim and the State of Croatia's counterclaim. In the following months the parties will try to find solutions to stabilize the company, improve their mutual relationship and define future cooperation (a new shareholders' agreement) for the benefit of their joint investment in Suncani Hvar d.d. in order to conclusively terminate the arbitration proceedings.

Jean-François Ott, President and CEO of Orco stated: "This is a significant step towards the ongoing financial and operational recovery of Suncani Hvar. I thank the representatives from the State of Croatia who have diligently worked with me over the past few weeks to put together a roadmap that I trust will soon be formalized with a new shareholders' agreement. With the arbitration proceedings suspended, we can focus our energies during the summer season on providing our guests to the Island of Hvar with an exceptional experience."

Cukurova Must Pay $1.56 Billion to Recover Turkcell Stake (2)

Jul 09, http://www.businessweek.com/news/2013-07-09/cukurova-must-pay-about-1-dot-56-billion-to-recover-turkcell-stake

Cukurova Holding AS must pay $1.56 billion to recover a disputed 13.7 percent stake in Turkey's biggest mobile-phone operator from Russian Alfa Group, raising investors' hopes for a payout of unpaid dividends between 2010 and 2012.

EU publishes initial TTIP Position Papers

Jul 16, http://trade.ec.europa.eu/doclib/press/index.cfm?id=943

EU publishes initial TTIP Position Papers

The EU is committed to providing a maximum of information possible for the public, the media, and the many stakeholders as we move through the Transatlantic Trade and Investment Partnership negotiation. We are very conscious that this is the EU's largest ever bilateral trade negotiation.

That is why we are taking the unprecedented step of making available to the public a number of the EU's initial position papers on various aspects of the negotiations. The papers are the technical documents that we presented to our American counterparts during the first negotiating round that took place from 8 to 12 July 2013 in Washington.

They cover the following areas:

EU-US Trade negotiations to kick off in Washington DC

Jul 08, http://www.euintheus.org/press-media/eu-us-trade-negotiations-to-kick-off-in-washington-dc-today/

The team of EU negotiators, headed by chief negotiator Ignacio Garcia Bercero, has arrived in Washington to start the first round of negotiations on the EU-US Transatlantic Trade and Investment Partnership (TTIP). In this first round of talks, a range of issues will be discussed in different working groups: they will cover market access for goods, services, investment, public procurement, regulatory issues, and non-tariff barriers in areas such as customs, intellectual property, energy and raw materials, and the environment. The ambition is to negotiate a deal that could spur growth worth 0.5% of the EU's GDP. A joint press conference will be held by the chief negotiators on Friday 12 July at the end of the week's negotiations. It can be followed live via EbS at 15:30 (Brussels time).

EU-US: EU Member States endorse EU-US trade and investment negotiations - TTIP

Jul 15, http://europa.eu/rapid/press-release_MEMO-13-564_en.htm

Today's Council decision on negotiating directives ("mandate") gives the green light to the European Commission to enter into formal bilateral trade negotiations with the United States of America. Endorsing the idea of bilateral talks, Member States set out the objectives the Commission should follow in the negotiations on behalf of the EU.

What is the EU's objective in these negotiations?

The aim is to increase trade and investment between the EU and the US by unleashing the untapped potential of a truly transatlantic market place. The agreement is expected to create jobs and growth by delivering better access to the US market, achieving greater regulatory compatibility between the EU and the US, and paving the way for setting global standards. If such an ambitious agreement were achieved, it is expected that every year an average European household would gain an extra €545 and our economy would be boosted by 0.5% to up to 1% of GDP, or €119 billion annually, once fully implemented.

In more concrete terms, the goal will be to eliminate duties and other restrictions for trade in goods. Freeing up commercial services, providing the highest possible protection, certainty and level playing field for European investors in the US, and increasing access to American public procurement markets are also objectives. Removing unnecessary regulatory constraints on trade is a key issue for the EU, as are obtaining stronger protection of European Geographical Indications, facilitating customs formalities and addressing competition rules.

Sustainable development will be an overarching objective. We aim to ensure that the agreement respects international environmental and labour agreements and standards, and promotes high levels of protection for the environment, workers and consumers. We will not encourage trade or investment by lowering any such standards.

What are the expected economic gains?

An ambitious and comprehensive transatlantic trade and investment partnership could bring significant economic gains for the EU (€119 billion a year) and the US (€95 billion a year) once the agreement is fully implemented.

The benefits for the EU and the US would not be at the expense of the rest of the world. On the contrary, liberalising trade between the EU and the US is expected to have a positive impact on global trade and income, potentially increasing GDP in the rest of the world by almost €100 billion. Some of the reductions achieved in the cost of doing trade will also benefit other partners because the EU and the US will be able to work together towards better trade rules and less regulatory divergence between them in the future. The economic importance of the EU and the US will mean that their partners will also have an incentive to move towards the new transatlantic standards. This has the potential to spread gains across the increasingly interdependent global economy, especially given the ever greater complexity of global value chains.

Our economic study (MEMO/13/211) shows that EU exports to the US would go up by 28%, equivalent to an additional €187 billion worth of exports of EU goods and services. EU and US trade with the rest of the world would also increase by over €33 billion. Overall, the extra bilateral trade between the two blocs, together with their increased trade with other partners, would represent a rise of 6% in total EU exports and of 8% in US exports. This would mean an additional €220 billion and €240 billion worth of sales of goods and services for EU and US based producers, respectively.

Will the EU have to sacrifice its high standards to get this trade agreement?

No, absolutely not. Our trade and investment negotiations are always conducted with the overarching objective of bringing benefits to our societies, citizens and companies in a sustainable manner. This will also be the case in the negotiations with the US.

Therefore, any economic gains that the agreement could offer must respect our existing high standards in the areas of the environment, health and safety, privacy, consumers' and workers' rights. Our high levels of protection are not on the negotiating table. Progress in terms of enhanced trade and investment will not come at the expense of our fundamental values and must be without prejudice to our right to regulate in the way the EU considers appropriate.

What are the main elements of the mandate?

The negotiating directives set out in very broad terms the topics and the objectives to be achieved in the negotiations. There are essentially three main elements in the mandate: market access, regulatory convergence and trade rules addressing shared global challenges.

1) Market Access

Tariffs: The goal of the agreement is to get as close as possible to the removal of all duties on transatlantic trade in industrial and agricultural products, with special treatment for the most sensitive products. Transatlantic tariff barriers are currently relatively low, with an average of 5.2% for the EU and 3.5% for the US (WTO estimates). However, given the magnitude of trade between the EU and the US, tariffs still impose costs that are not negligible.

Rules of origin: The goal will be to reconcile the EU and US approaches to rules of origin to facilitate trade, while taking into account the interests of the EU producers.

Trade defence measures: The EU wants to establish a regular dialogue on anti-dumping and anti-subsidy measures with the US, without prejudice to its rights to use such measures in the framework of the relevant WTO rules.

Services: Both sides should open their services sectors at least as much as they have done in other trade agreements to date. At the same time, both sides will seek to open their services markets in new sectors, such as in the transport sector. The EU also wants to make sure that European professional qualifications can be recognised on the other side of Atlantic and that EU companies and their subsidiaries will be able to operate in the US under the same conditions as American domestic companies. Both services and investment chapters of the agreement should address the sub-federal level of government.

Investment: The aim is to achieve the highest levels of liberalisation and investment protection that both sides have negotiated to date in other trade deals. The EU will build upon the Member States' experience and best practice regarding their bilateral investment agreements. The EU would like to include in the agreement guarantees of protection against expropriation, a rule of free transfer of funds, of fair and equitable treatment, and of a level playing field for the EU companies investing in the US. Investment protection, including investor-to-state dispute settlement, is covered by the negotiating directive. Relevant safeguards are included to avoid any abuse of the system and to safeguard the right to regulate.

Public procurement: European companies whose business depends on public procurement represent 25% of EU's GDP and 31 million jobs. Hence, substantial new business opportunities should be created by opening up access to government procurement markets at all levels of government without discrimination for European companies. This also means that the EU would aim to increase transparency in tendering procedures and getting rid of local content requirements.

2) Regulatory Issues and Non-Tariff Barriers: towards a more integrated transatlantic marketplace

The regulatory area is where the highest potential economic benefit lies with these trade and investment negotiations.

In today's transatlantic trade relationship, the most significant trade barrier is not the tariff paid at the customs, but so-called 'behind-the-border' obstacles to trade, such as different safety or environmental standards for cars. Currently, producers who want to sell their products on both sides of the Atlantic often have to pay and comply with procedures twice to get their products approved. The goal of this trade deal is to reduce unnecessary costs and delays for companies, while maintaining high levels of health, safety, consumer and environmental protection.

In that spirit, both sides aim to negotiate an ambitious agreement on sanitary and phyto-sanitary (health and hygiene standards, for example for food products) as well as technical barriers to trade.

In addition, negotiators will work on regulatory compatibility in specific sectors, such as chemical, automotive, ICT, pharmaceutical and other health sectors such as medical appliances.

The need for regulatory convergence is not limited to trade in goods. With regards to financial services, for instance, negotiations should consider creating common frameworks for prudential cooperation. Stakeholders on both sides have provided guidance on where the most significant barriers lie.

Since not all regulatory divergences can be eliminated in one go, both sides envisage a framework for a "living agreement" that allows for progressively greater regulatory convergence over time against defined targets and deadlines. This will make it possible not only to eliminate existing barriers, but also to prevent the creation of new ones in the future.

3) Addressing Shared Global Trade Challenges and Opportunities in the 21st century

In the light of the size and impact of the transatlantic partnership on global trade flows, the negotiators will address areas that go beyond bilateral trade and also contribute to the strengthening of the multilateral trading system.

Intellectual Property Rights: Both the EU and the United States are committed to maintaining and promoting a high level of intellectual property protection. Given the efficiency of their respective systems, the intention is not to strive towards harmonisation, but to identify a number of specific issues where divergences will be addressed. For the EU side, Geographical Indications (GIs) are of particular importance in that context. During the negotiations, we therefore intend to present specific ideas for ensuring adequate protection of GIs.

Trade and Sustainable Development: Both sides intend to work together on the social and environmental aspects of trade and sustainable development, based on what each side has already negotiated in existing trade agreements.

Other Globally Relevant Challenges and Opportunities: In order to make this a truly "21st century" agreement taking into account the intertwining of economies, both sides are to tackle modernisation and simplification of trade-related aspects of customs and trade facilitation, competition and state-owned enterprises, raw materials and energy, small- and medium-sized enterprises and transparency. This would include, for example, a commitment to consult stakeholders before introducing measures with an impact on trade and investment.

What compromise has been found on audiovisual services?

There is no carve-out on audiovisual services. The European Commission has recently invited stakeholders to comment on the future of digital media (IP/13/358). As the EU legislation in this area still has to be developed, it has been agreed that audiovisual services are presently not part of the mandate, but that the Commission has the possibility to come back to the Council with additional negotiating directives at a later stage.

According to the mandate text, "The Commission will, in a spirit of transparency, regularly report to the Trade Policy Committee on the course of negotiations. The Commission, according to the Treaties, may make recommendations to the Council on possible additional negotiating directives on any issue, with the same procedures for adoption, including voting rules, as for this mandate".

What's the role of the Member States and the European Parliament in these negotiations? What about Civil Society?

The Council has given today guidelines for the Commission to negotiate on behalf of the EU. Once the negotiations are finished, both the European Parliament and the Council will need to approve the outcome of the negotiations before it becomes binding on the EU.

However, that does not mean that the Member States and the Parliament have no say throughout the negotiations: the Commission will remain in regular contact with Member States in Council, and keep the European Parliament informed about progress in negotiations, having in mind that they are the ones who will have the final say about the overall deal.

The Commission will also communicate in a transparent manner with representatives of the Civil Society on this trade agreement. However, this will also be balanced with a certain level of confidentiality in trade negotiations, which is required in order not to compromise the EU's objectives in this deal - which is in the end to create jobs for Europeans.

Is the text of the mandate publically available?

The negotiating mandate for the Transatlantic Trade and Investment Partnership negotiations remains a restricted document, which is necessary to protect EU interests and to keep chances for a satisfactory outcome high. When entering into a game, no-one starts by revealing his entire strategy to his counterpart from the outset: this is also the case for the EU. However, the European Commission is very responsive to the need to make the negotiating process as transparent as possible for European citizens (factsheet).

When will the negotiations start?

The Commission now has the green light from Member States and is ready to start the negotiations as soon as the US administration is ready. In practical terms, this means the launch of formal negotiations will probably take place before the summer.

How can I stay informed about the negotiations?

Information related to the negotiations is regularly updated on the Commission's website. You can find there the latest speeches by the EU Trade Commissioner, invitations to stakeholders' events, and impact studies. To stay updated in real time, you can also follow us on Twitter @EU_TTIP_team.

Where can I find more information about specific topics?

The Frequently Asked Questions about the Transatlantic Trade and Investment Agreement answers questions on the negotiations relating to consumer, environment and health protection, GMOs, hormones, the film industry, investor-to-state dispute settlement, data privacy, the Doha Development Round and many more.

A specific page on the TTIP negotiations has been created in DG Trade website and will be regularly updated.

EU-US: Statement by U.S. Trade Representative Froman on the First Round of TTIP Negotiations

Jul 15, http://www.ustr.gov/node/8346

United States Trade Representative Michael Froman issued the following statement at the conclusion of the first round of Transatlantic Trade and Investment Partnership (TTIP) negotiations:

"It was a pleasure to welcome our European colleagues to Washington this week for the first round of TTIP negotiations. This inaugural round marked an important step in transatlantic relations. During the meetings, each side presented to the other its ideas on how to proceed, how various chapters might be addressed, and how specific issues might be dealt with in an agreement. These very productive discussions set the stage for increased substantive engagement at a second round in the fall. I look forward to continuing our close engagement with the EU as we work to increase the substantial number of jobs already supported by trade and investment between the United States and the European Union."

European Court looks into the criminal proceedings against former Ukrainian Prime Minister Tymoshenko

Jul 15, http://hudoc.echr.coe.int/webservices/content/pdf/003-4435814-5334748

The European Court of Human Rights has communicated to the Ukrainian Government the application Tymoshenko v. Ukraine no. 2 (no. 65656/12) and requested it to submit its observations on the complaints. The case is the second application brought by the former Ukrainian Prime Minister Yuliya Tymoshenko. It mainly concerns the criminal proceedings brought against her relating to contracts for the supply of gas.

Yuliya Tymoshenko, born in 1960, is the leader of Batkivshchyna, one of the strongest opposition parties in Ukraine, and of Yuliya Tymoshenko's Bloc. She was the Prime Minister of Ukraine in 2005 and between December 2007 and March 2010. In April 2011, criminal proceedings were brought against her for allegedly making an illegal order for the signing of a contract concerning gas imports. On 11 October 2011, she was convicted on all charges, including that of exceeding authority or official powers, and sentenced to seven years' imprisonment and a three-year ban on holding public office.

On 29 August 2012, the conviction and sentence were upheld in a final judgment.

Ms Tymoshenko's first application before the European Court of Human Rights (no. 49872/11) concerned complaints related to her detention. In its Chamber judgment of 30 April 2013, which is not final[1], the Court held in particular: that Ms Tymoshenko's pre-trial detention had been arbitrary; that the lawfulness of her detention had not been properly reviewed; and, that she had had no possibility to seek compensation for her unlawful deprivation of liberty, in violation of Article 5 (right to liberty and security) of the European Convention on Human Rights. The Court also found that, in breach of Article 18 of the Convention (limitation on use of restrictions on rights), her right to liberty had been restricted for reasons other than those permitted under Article 5. The second application, brought on 10 August 2011, concerns the fairness of the criminal proceedings. In particular, relying on Article 6 §§ 1 and 3 (b) and (c) (right to a fair trial), Ms Tymoshenko complains of difficulties in defending her case before the national courts and questions their independence and impartiality. She also questions the quality of the provisions of the Criminal Code which were applied in her case, alleging a breach of Article 7 (no punishment without law). She further claims that the criminal case against her was politically inspired and constituted an abuse of the criminal system of justice, relying on Article 18 (limitation on use of restrictions on rights). Ms Tymoshenko makes a number of complaints under Articles 3 (prohibition of torture and inhuman or degrading treatment) and/or Article 8 (right to respect for private and family life): she alleges that a video tape recorded in the hospital where she has been treated since 9 May 2012, showing her in her room and during medical procedures, was published on the Internet and was also broadcast on the majority of regional TV channels. She further complains that at least three other video recordings ware available on the official website of the State Penitentiary Service, and that an audio recording of a telephone conversation between Ms Tymoshenko and her husband was published on the Internet.

She also alleges that she faces difficulties in making any telephone calls from the hospital. Finally, she complains that she has been deprived of any possibility of communicating with the media and the outside world since 5 August 2011, which has had a negative impact on her political life.

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

European Law Institute to launch "Austrian Hub" on 4 September

Jul 12, https://www.europeanlawinstitute.eu//news-events/news-contd/article/eli-to-launch-austrian-hub-on-4-september/?tx_ttnews%5BbackPid%5D=127614&cHash=9f7eb59cea1976e2a5d8d092319ca97b

The European Law Institute proudly announces the launch of the Austrian Hub on 4 September 2013, ahead of the opening ceremony of the 2013 General Assembly and Projects Conference.

Forbes: An Injection Of Rule Of Law For Ukrainian Business? Oligarch's Lawsuit Could Help Improve The Culture Of Business Dealings In The Post Soviet Space

Jul 15, http://www.forbes.com/sites/melikkaylan/2013/07/15/an-injection-of-rule-of-law-for-ukrainian-business-oligarchs-lawsuit-could-help-improve-the-culture-of-business-dealings-in-the-post-soviet-space/

London is now home to another large-scale litigation suit between oligarchs from the former Soviet Union. Victor Pinchuk, the founder of the pipe and wheel producer Interpipe and the investment vehicle EastOne, is suing Gennadiy Bogolyubov and Igor Kolomoisky, business partners and co-founders of Privat Group. Why should Western societies care about this case? Because it carries significance beyond the dispute itself.

French judges seize Tapie assets in arbitration case

Jul 10, http://www.reuters.com/article/2013/07/10/us-france-tapie-idUSBRE9690DB20130710

Reuters - Judges have ordered a Mediterranean villa and other assets to be seized from a French businessman at the center of a fraud investigation that could weigh on ex-president Nicolas Sarkozy's hopes of a comeback, legal sources said.

Gabon makes rare challenge to China over oil practices

Jul 08, http://www.foxnews.com/world/2013/07/08/gabon-makes-rare-challenge-to-china-over-oil-practices/

AFP - Gabon has taken the exceptional step of withdrawing the right of Addax Petroleum, a subsidiary of Chinese oil giant Sinopec, to exploit an oilfield, raising concerns over possible repercussions on the business climate.

...

The Sinopec subsidiary has responded by accusing Gabon of undue harassment and has taken the dispute to the International Chamber of Commerce in Paris. No date has been set for the court ruling.

Georgia: ICTSI takes "extremely adversarial" Batumi Sea Port to London court

Jul 16, http://theloadstar.co.uk/ictsi-takes-batumi-sea-port-to-london-court-over-extremely-adversarial-approach/

Filipino container terminal operator International Container Terminal Services Inc (ICTSI) has filed for arbitration over its treatment at the hands of Batumi Sea Port (BSP), as relations between the two companies appear to have broken down.

Greece ordered to pay SAIC more than $52 million

Jul 19, http://www.bizjournals.com/washington/blog/fedbiz_daily/2013/07/greece-ordered-to-pay-saic-more-than.html

A decade after winning a contract to deliver a security system used at the 2004 Athens Summer Olympic Games, an international arbitrator ordered Greece to pay Science Applications International Corp. more than $52 million in damages and fees for what the company alleges to be breach of contract.

Heritage: An Investment Treaty with China: Don't Hold Your Breath

Jul 12, http://blog.heritage.org/2013/07/12/an-investment-treaty-with-china-dont-hold-your-breath/

The U.S. and China yesterday announced that they are restarting talks on a bilateral investment treaty (BIT). Given China's track record, it's not clear that a BIT is a useful step now or in the near future. It may be a good thing, then, that one is not likely to be completed and put in effect for several years.

High hopes for upcoming China-US talks

Jul 06, http://europe.chinadaily.com.cn/business/2013-07/06/content_16739875.htm

"I believe the S&ED will see fundamental progress on the investment treaty between China and the US," China's Vice-Minister of Finance Zhu Guangyao told a news conference on Friday.

Hong Kong: GCL-Poly reports on Arbitration involving A Wholly Owned Subsidiary of the Company [pdf]

Jul 15, http://gcl-poly.todayir.com/attachment/20130715220201001695771_en.pdf

This announcement is made by GCL-Poly Energy Holdings Limited (the ``Company'') pursuant to Rule 13.09 of the Rules Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited (the ``Listing Rules'') and the Inside Information Provisions (as defined in the Listing Rules) under Part XIVA of the Securities and Futures Ordinance (Cap. 571 of the Laws of Hong Kong).

The Company announces that, on 9 July 2013 it was informed by one of its equipment suppliers (the ``Claimant'') that the Claimant had filed a notice of arbitration (the ``Notice'') with the Hong Kong International Arbitration Centre (``HKIAC'') against Taicang GCL Photovoltaic Technology Co., Ltd. (``GCL Taicang''), a wholly-owned subsidiary of the Company. The Notice was received by GCL Taichang on 9 July 2013.

Pursuant to the Notice, an arbitration has been initiated by the Claimant against GCL Taicang as respondent under the HKIAC Administered Arbitration Rules in respect of a dispute (the ``Dispute'') arising from an equipment purchase and sale agreement (the ``Agreement'') entered into between it and GCL Taicang in 2011 with a total contract value of approximately HK$1,800,000,000 for the purchase of certain wafer production equipment (the ``Equipment'') by GCL Taicang from the Claimant.

The Claimant alleges, among other things, that GCL Taicang breached the Agreement by failing to fulfil its obligations to purchase a certain number of units of the Equipment under the Agreement and to pay all relevant sums under the Agreement. The Claimant seeks, among other things, damages and/or relief for the alleged breach of the Agreement, together with interests and costs. The Notice does not specify the actual amount of the claims. Pursuant to the HKIAC Administered Arbitration Rules, GCL Taicang is required to submit to the HKIAC its reply to the Notice within 30 days from receipt of the Notice.

GCL Taicang has sought legal advice in respect of the Dispute and will vigorously contest the claim and take all appropriate steps to defend its position against the Claimant's allegations. The Company believes that the outcome of the dispute will not have a material impact on the financial condition of the Company.

The Company will make further announcement(s) to update the shareholders of the Company and the public as and when appropriate as required under the Listing Rules.

Shareholders of the Company and public investors are advised to exercise caution when dealing in the securities of the Company.

India ready for investment treaty talks with US: Minister

Jul 14, http://english.ahram.org.eg/NewsContent/3/12/76427/Business/Economy/India-ready-for-investment-treaty-talks-with-US-Mi.aspx

Reuters - India is ready to begin talks with the United States on a bilateral investment treaty as part of its effort to reinvigorate ties with a valued trade partner, the country's commerce and industry minister said on Friday.

India: GAIL wants Australian LNG deal to be renegotiated

Jul 09, http://www.business-standard.com/article/companies/gail-wants-australian-lng-deal-to-be-renegotiated-113070900761_1.html

In the first rumbling against India's most expensive LNG deal ever, state-owned gas utility GAIL has demanded renegotiation of price of gas from Australia's Gorgon project.

...

GAIL pointed to a spate of referrals to arbitration or alternate dispute resolution to reopen/review prices under gas contracts during recent times.

India: Government to go ahead with arbitration proceedings against RIL in KG D6 block

Jul 13, http://www.thehindu.com/business/Industry/government-to-go-ahead-with-arbitration-proceedings-against-ril-in-kg-d6-block/article4912047.ece

The Petroleum and Natural Gas Ministry has asserted that the arbitration dispute with Reliance Industries Limited (RIL) pertaining to the cost recovery issue in the KG-D6 field will be taken to the logical conclusion.

India: Securities and Exchange Board of India (Sebi) ups reach for arbitration centers

Jul 08, http://www.business-standard.com/article/markets/sebi-ups-reach-for-arbitration-centers-113070500776_1.html

The Securities and Exchange Board of India (Sebi) has decided to extend the reach of the arbitration centers by asking exchanges to double their number within a year. Arbitration is currently available at eight centers. These include Delhi, Mumbai, Kolkata, Chennai, Ahmedabad, Hyderabad,Kanpur and Indore. Exchanges have now been asked to provide arbitration facilities at Bangalore, Pune, Jaipur, Gaziabad, Lucknow, Gurgaon, Patna and Vadodara.

Indonesia at risk of arbitration by Chevron

Jul 18, http://www.thejakartapost.com/news/2013/07/18/ri-risk-arbitration-chevron.html

US energy giant Chevron Corporation is mulling to take the government to an international arbitration court following a verdict by the Corruption Court on Wednesday that slapped a prison term on one of its employees for fabricating an environment project.

Indonesia: Int'l tribunal rule for Indonesia in Century arbitration

Jul 20, http://www.thejakartapost.com/news/2013/07/20/intl-tribunal-rule-ri-century-arbitration.html

... He added that the lack of permit precluded Rafat's claim of protection under the international Bilateral Investment Treaty, to which Indonesia and the United Kingdom are signatories. "Within this content, the tribunal also rejected Rafat's claim of protection under the most-favored-nation article of the bilateral investment treaty and ruled that the tribunal held no jurisdiction for arbitrating the case," he said.

Iran to Exempt Foreign Investors From Taxes, Tehran Times Says

Jul 07, http://www.bloomberg.com/news/2013-07-07/iran-to-exempt-foreign-investors-from-taxes-tehran-times-says.html

Iran will try to lure foreign investors with tax exemptions ranging as high as 100 percent, Iranian Deputy Economy Minister Behrouz Alishiri said.

Iraq: Parliamentary discussion qualifies Iraq to join New York Convention

Jul 06, http://www.alsumaria.tv/news/78903/parliamentary-discussion-qualifies-iraq/en

The economic and legal commission in the Iraqi Parliament discussed in the presence of the representatives of the Chamber of Commerce in Baghdad the possibility for Iraq to adhere to the New York Convention ratified in 1958 to recognize and enforce foreign arbitral awards in international commercial and economic conflicts.

Israel: Court orders Israel Chemicals to publish royalties arbitration

Jul 15, http://www.globes.co.il/serveen/globes/docview.asp?did=1000862423&fid=942

The Movement for Quality Government in Israel and the Israel Union for Environment Defense have won a major court victory. The Jerusalem District Court today ordered Israel Chemicals Ltd. (TASE: ICL) unit Dead Sea Works to publish the minutes of the arbitration with the state regarding the calculation of the company's royalties on potash.

Japan protests over China''s gas plan in disputed waters

Jul 18, http://www.kuna.net.kw/ArticleDetails.aspx?id=2324048&language=en

TOKYO, July 18 (KUNA) -- Japan on Thursday expressed opposition to China's move to unilaterally develop natural gas in the disputed East China Sea, amid tensions over a territorial dispute between Asia's two biggest energy users.

Joint-Statement: Badan Bertindak Bantah TPPA Malaysia

Jul 18, http://stephendoss.blogspot.nl/2013/07/joint-statement-badan-bertindak-bantah.html

As another round of talks for the Trans-Pacific Partnership Agreement (TPPA) begins yet again behind closed doors, we - Badan Bertindak Bantah TPPA - issue this joint statement expressing our position and the grave concerns that we have as Malaysians. These include:

Jueces de la región debatirán sobre arbitraje comercial internacional

Jul 19, http://www.elfinancierocr.com/economia-y-politica/arbitraje_internacional-encuentro_de_arbitraje_en_Costa_Rica-Roman_Solis_0_337166294.html

Jueces de América Central, México y República Dominicana debatirán sobre el rol de los jueces del Estado en el arbitraje comercial internacional.

Se trata de un encuentro que se realizará en el hotel Marriot del 22 al 24 de julio, como parte de una serie de encuentros auspiciados por la Organización de Estados Americanos (OEA).

Kenya: Rethink new trade pact with Europe, MPs urge

Jul 09, http://www.nation.co.ke/Features/smartcompany/Rethink-new-trade-pact-with-Europe-MPs-urge/-/1226/1908846/-/oygv03z/-/index.html

"We are not saying the EPAs are bad, or that the EU is a bad partner. No. We are primarily concerned with avoiding pitfalls that could see Kenya regret its decision to ratify the EPAs in their current form," she stated.

Law firms aim to cash in on Gulf mega-projects

Jul 18, http://www.ft.com/intl/cms/s/0/2f82eb3e-eec9-11e2-b8ec-00144feabdc0.html#axzz2ZJDJ1MF5

International law firms are seeking to cash in on the growing number of mega-projects and related business disputes in the Gulf, even as corporate deals work remains weak in the wake of the financial crisis.

Liechtenstein takes over Chair of EFTA Council - EFTA

Jul 12, http://www.efta.int/about-efta/news/2013-07-12-efta-council.aspx

At the meeting of the EFTA Council on 11 July 2013 in Geneva, the incoming Council Chair, Liechtenstein, presented its priorities for the second half of the year, which are based on the conclusions from the Ministerial meeting in Trondheim, Norway. The Council also reviewed the latest round of free trade negotiations between EFTA and the Customs Union of Russia, Belarus and Kazakhstan.

The conclusions from the Ministerial meeting in Trondheim, Norway on 24 June 2013 serve as the basis for the priorities of the Liechtenstein Chair for the second half of 2013. Priorities include working towards finalising free trade negotiations with the Customs Union of Russia, Belarus and Kazakhstan in the first half of 2014, and moving forward in talks with India, Indonesia and Vietnam. Additional objectives are to resume the process with Thailand and to hold two rounds of negotiations with Malaysia. In relation to new partners, the incoming Chair aims to sign a joint declaration on cooperation (JDC) with Nigeria and to assess the potential for preferential trade relations with Pakistan and the Philippines. Continued work on the maintenance and development of EFTA's existing free trade agreements (FTAs) has also been identified as an objective.

In addition to discussing the priorities above, the Council reviewed the results of the Ministerial meeting in general, during which EFTA Ministers had signed FTAs with the Central American States of Costa Rica and Panama, and Bosnia and Herzegovina, as well as a JDC with Myanmar.

The Council also discussed the ninth round of free trade negotiations with Russia, Belarus and Kazakhstan, which had been held in Geneva from 1 to 4 July 2013 and built on the work undertaken by expert groups since the last meeting in April. A detailed programme of follow-up work had also been agreed upon ahead of the next round, planned for September in Iceland.

The next Council meeting will take place on 17 October 2013.

Malawi rules out interim deal over lake dispute with Tanzania

Jul 15, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=31180:malawi-rules-out-interim-deal-over-lake-dispute-with-tanzania&catid=54:Governance&Itemid=118

Malawi will not accept any interim deal on a disputed boundary on Lake Malawi with neighboring Tanzania until the wrangle over sovereignty is settled, President Joyce Banda told mediators.

Martin Indyk Chosen as Israel-Palestinian Authority Mediator

Jul 21, http://www.israelnationalnews.com/News/News.aspx/170131#.UexCnGRgZU0

Former U.S. Ambassador to Israel, Martin Indyk, will serve as the United States' "point man" in upcoming negotiations between Israel and the Palestinian Authority (PA), reported Channel 2 Sunday.

Myanmar Govt agrees to join World Bank program [MIGA]

Jul 11, http://www.mizzima.com/business/investment/9659-govt-agrees-to-join-world-bank-program

On July 8, the Pyihtaungsu Hluttaw-Myanmar parliament- agreed with President Thein Sein's suggestion to join a wing of the World Bank that will help to guarantee and give assistance with international investment. [MIGA]

Myanmar Is Now Home To An Increasing Number Of International Law Firms

Jul 22, http://www.ibtimes.com/myanmar-now-home-increasing-number-international-law-firms-1353793

Following major investments flowing into Myanmar, international law firms are now scrambling to get into the country for a piece of the action in the rapidly developing economy, as foreign investors and businesses building their presence in Myanmar will certainly require legal counsel.

Myanmar receives over US$ 423 million foreign investment - Eleven Myanmar

Jul 11, http://www.elevenmyanmar.com/business/2728-myanmar-receives-over-us-423-million-foreign-investment

Foreign companies from five countries have invested over US$ 423 million in Myanmar between May 31st to June 30th of this year, according to the Directorate of Investment and Companies Administration (DICA).

New York Convention Guide: Swedish court decisions now available - sccinstitute.com

Jul 11, http://www.sccinstitute.com/?id=23696&newsid=46033

In the new online platform, www.newyorkconvention1958.org case law implementing the New York Convention from several jurisdictions around the world is made available.

SCC and the Swedish Arbitration Portal has now partnered with this initiative, and provide Swedish court decisions on enforcement issues in Swedish and English to the website.

By spreading information about the New York Convention, this platform promotes the uniform and effective interpretation and application of the New York Convention, thereby reducing the risk of legal disharmony in enforcement issues and limiting the risk that state practice might diverge from the spirit of the New York Convention.

Users can also find case law from other jurisdictions including Australia, Brazil, Canada, China, Colombia, Egypt, France, Germany, Hong Kong, India, Russian Federation, Switzerland, OHADA countries, UK and USA.

www.newyorkconvention1958.org is the result of joint efforts of UNCITRAL, Shearman & Sterling and Columbia Law School.

Nigeria: 'More professionals should be encouraged in arbitration practice' - Mr Momoh Kadiri

Jul 11, http://www.vanguardngr.com/2013/07/more-professionals-should-be-encouraged-in-arbitration-practice/

Mr Momoh Kadiri, is a Nigerian lawyer based in the United Kingdom. In this interview, he spoke on the plan by the National Assembly to regulate the practice of Alternative Dispute Resolution, ADR in Nigeria and the need for the Arbitration and Conciliation Act Cap 18A Laws of the Federation of Nigeria 2004 to be amended, so that people don't easily challenge arbitration awards in court, with the sole aim of frustrating same.

Nigeria: We are not giving up on Ajaokuta Steel Company, says Sada

Jul 07, http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=126382:we-are-not-giving-up-on-ajaokuta-steel-company-says-sada&catid=31:business&Itemid=562

With the drumbeats of economic diversification becoming louder by the day, Minister of Mines and Steel Development (MMSD), Musa Sada spoke with the Abuja Bureau Chief, MADU ONUORAH and LILIAN CHUKWU, on the future of Ajaokuta Steel Company in particular and the nation's mining sector in general. Excerpts.

Norway-Poland: Judgment given in arbitration between Bergen Group and Stocznia Gdansk - Arbitration Court in Stockholm

Jul 10, http://ir.services.stockpoint.no/Factsheet.aspx?&isinCode=NO0010379779&id=1177977&lang=en&mc=1

Reference is made to the announcement made June 19th this year; The Arbitration Court in Stockholm has now delivered the judgment in the arbitration between Bergen Group and Stocznia Gdansk SA in Poland. The judgment entails that Bergen Group must pay EURO 3.6 million to the hull yard in Poland. Bergen Group will study the judgment carefully before deciding on further handling of the case.

The arbitration was related to the contract for the construction of the hull of the first cruise ferry, which earlier this week was completed at Bergen Group Fosen. The parties had raised claims and counterclaim both in the order of EURO 8 million.

The costs related to the arbitration award will for now be charged to the accounts for Q2 2013.

NZ Taiwan trade deal puts heat on China FTA

Jul 12, http://www.afr.com/p/national/nz_taiwan_trade_deal_puts_heat_on_WbDOF0jIqemk7k4y8HBDNM

The Rudd government is likely to face new pressure from rural exporters to push ahead with a free trade agreement with China after New Zealand signed a breakthrough deal with Taiwan on Wednesday.

Op-ed: The major obstacles to the EU-US free trade deal

Jul 12, http://www.publicserviceeurope.com/article/3745/the-major-obstacles-to-the-eu-us-free-trade-deal

Topics such as public procurement, data protection, financial services, agricultural issues, geographical indicators and sanitary and phytosanitary measures will prove the most problematic during talks - suggests think-tank

Pakistan-Turkey: Karkey serves Rs33b damage notice on Pakistan; Approaches ICSID against water and power ministry

Jul 18, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/national/18-Jul-2013/karkey-serves-rs33b-damage-notice-on-pakistan

ISLAMABAD - The Turkish power firm Karkey Karadeniz Elektrik Uretim (KKEU) has approached the Washington based International Centre for Settlement of Investment Disputes (ICSID) against Pakistan's water and power ministry and also served a Rs33billion damage notice on the ministry, sources said on Wednesday.

Palestinian negotiator: US efforts alone won't bring peace

Jul 09, http://www.jpost.com/Middle-East/PA-negotiator-US-mediation-alone-wont-bring-peace-319041

American mediation alone will not bring peace between Israelis and Palestinians, a senior Palestinian official said Sunday in a meeting in Ramallah with Likud and Shas party members.

Philippines keen on arbitration with China - Del Rosario

Jul 12, http://www.abs-cbnnews.com/nation/07/11/13/del-rosario-philippines-keen-arbitration-china

BRUSSELS - The Philippines' top diplomat has underscored that the arbitral proceedings initiated by Manila to challenge China's excessive maritime claims do not undermine the consultations between the Association of Southeast Asian Nations (ASEAN) and Beijing for the crafting of a Code of Conduct (COC) on the South China Sea.

Philippines: Groups say PHL-Belgium trade accord to revive P18.7-billion Laguna de Bay Dredging Project

Jul 15, http://businessmirror.com.ph/index.php/en/news/regions/16371-groups-say-phl-belgium-trade-accord-to-revive-p18-7-billion-laguna-de-bay-dredging-project

THE newly signed trade agreement between the Philippine and Belgian governments may lead to the revival of the P18.7-billion Laguna de Bay Dredging Project, opponents of the project said.

Philippines: Minor legal issues bar DOTC, Takenaka from signing deal to complete NAIA3

Jul 17, http://www.interaksyon.com/business/66497/minor-legal-issues-bar-dotc-takenaka-from-signing-deal-to-complete-naia3

"They are little kinks because of the arbitration case in Washington. It is only a collateral issue. But on the civil works agreement itself, they are very much ready to sign," Transport Secretary Joseph Emilio Abaya said, referring to Japan's Takenaka Corp, which holds the contract to build the NAIA 3.

Philippines: Private concessionaires mull legal action after MWSS excludes income tax from recoverable expenses

Jul 09, http://www.interaksyon.com/business/65945/private-concessionaires-mull-legal-action-after-mwss-excludes-income-tax-from-recoverable-expenses

The concession agreements provide that parties to the contract each name a representative to a panel that will be headed by a nominee of the International Chamber of Commerce. The arbitration panel must decide on a case within 60 days.

Position of Redes ­ Friends of the Earth Uruguay on the Recent ICSID Decision

July 10, http://www.redes.org.uy/wp-content/uploads/2013/07/Posicionamiento_Redes_eng.pdf

Bad news for Uruguay and the WHO Framework Convention on Tobacco Control

The announcement by the arbitration tribunal of the International Centre for Settlement of Investment Disputes (ICSID), a World Bank body, that it has jurisdiction to decide on the claim filed by US tobacco company Philip Morris, based in Switzerland, against the Uruguayan State shows once again the intrinsically pro-company and anti-popular bias of the investment arbitration system in general, and of this World Bank tribunal in particular, and it clearly constitutes a defeat for Uruguay, a threat for the health of our population and a huge victory for the transnational company.

Despite the solid arguments by the defense, the ICSID tribunal ruled against Uruguay and decided to hear Philip Morris' demands, disregarding the fact that the bilateral investment treaty between Switzerland and Uruguay -which the tobacco company used to base its claim-, unequivocally states in its Article 2 that public health measures cannot be challenged by investors as an indirect expropriation of their investments.

In its ruling, the tribunal also disregarded the fact that the tobacco company should have sought an amicable settlement for six months and after that, it should have processed a lawsuit for twelve months in Uruguayan national tribunals, before submitting the case to the consideration of an international investment arbitration tribunal, as clearly stipulated by the BIT between Switzerland and Uruguay.

Finally, it also disregarded that Philip Morris businesses in Uruguay should not be considered an investment to be protected under the terms of the Switzerland-Uruguay BIT because they have not contributed to the development of the host country (Uruguay in this case), as stipulated by the ICSID convention, but on the contrary, it has implied multimillion-dollar costs for Uruguay in terms of health expenses associated to diseases related to smoking.

These should have been enough reasons for the arbitration tribunal to rule out the claim filed by the tobacco company against Uruguay, and they were the focus of the strategy and hopes of the Uruguayan administration and its defense lawyers. They should not have trusted the impartiality of the arbitration tribunals managed by the World Bank and they should have paid more attention to the criticism, not only by the international civil society but that of progressive governments of the region such as Bolivia, Ecuador and Venezuela, who in the past years have decided not to submit themselves to the ICSID arbitration tribunals.

While Philip Morris is encouraged (correctly) saying that the ICSID's decision opens the doors for this tribunal to review and challenge tobacco control policies established in Uruguay under Oncologist Tabare Vazquez' administration, the Uruguayan government must recognize its mistakes in the handling of this case and resume the initial course of action set by the interministerial team, seek the support of international civil society campaigns and strengthen alliances with Latin American governments that are starting to question the legitimacy of arbitration tribunals to decide controversies where health policies and others of public interest adopted in a democratic and sovereign way are at risk, and in this case, in compliance with international public health commitments.

Philip Morris has recently lost similar claims against Australia and Norway in the respective national courts of those countries, but with this resolution, Philip Morris will feel encouraged to continue intimidating other countries trying to protect the health of their population. This is a huge victory for the company against Uruguay and the Framework Convention on Tobacco Control (FCTC), the only binding multilateral agreement in terms of public health of the World Health Organization (WHO). quoted by EFE news agency, "the formal reasons filed by Uruguay (through the US Foley&Hoag law firm) for the ICSID to dismiss the case were strong". However, they were not enough, as we have been saying for a long time1, and as the tribunal's ruling shows. In order to face the following stage of this process, and the growing threat of lawsuits such as this one against the Uruguayan State in the context of BITs signed especially in the 1990s by neoliberal administrations, and in the context of an exponential growth of foreign investments in the country, it is necessary to admit this defeat and the mistakes made instead of trying to disguise it as a "warm-up".

Strategy of Silence

We consider that the official strategy through which information on the case was hidden was one of the decisive elements of this defeat. REDES--Friends of the Earth Uruguay requested information on the case several times and in a formal way, unsuccessfully. If we had had this information, we could have organized an international campaign to express civil society's support, and we could have submitted an amicus curiae (friends of the court) adding important arguments to those established by the Uruguayan defense for the court to make a decision contrary to the one it eventually made.

What is more, the Uruguayan government did not take advantage of the empathy of the global public opinion and of many governments with reference to our legislation against tobacco and its defense of sovereign rules, and of the solidarity and explicit support shown by governments at the 3rd Conference of the Parties (COP) to the FCTC held in Punta del Este, Uruguay, in November 2010, soon after Philip Morris filed its lawsuit against our country. Instead of using that empathy and explicit support to increase the pressure on the arbitration tribunal to dismiss the claim by the tobacco company, the official strategy was that of a self-imposed silence. Despite the global rejection against Philip Morris actions in this multilateral space, which grew hand in hand with its corporate attempts of challenging other FCTC signatory countries (claims against Australia and Norway in other fora) and against the convention, in the IV COP held in Seoul, South Korea, the Uruguayan delegation chose to remain silent.

At that moment the government should have clearly started to request international solidarity and support by other affected countries and the FCTC in its entirety against Philip Morris' lawsuit, proposing that the COP issued a statement or a message directly addressed to the ICSID arbitration tribunal, requesting it not to accept having jurisdiction to decide on this case and instead demanding that the FCTC itself be the one with jurisdiction to decide on this and other similar claims. A message of that kind, or even just the fact of addressing this issue at the 4 th COP of the FCTC held last November in Seoul, South Korea, would have probably contributed to dissuade the arbitration tribunal from proceeding with the claim as it was now decided.

The Uruguayan government spokesperson is right when according to EFE says that "the experts (in this case the Foley&Hoag law firm) do not want to miss a test case such as this one". But certainly, the reasons why they do not want to miss them are less altruistic than that of imparting justice. All those law firms live and profit from this new industry represented by investment and transnational companies' claims against States, in which clearly they are a stakeholder and a key factor of their proliferation. The "experts" take turns working as lawyers representing investors and transnational companies; as defense lawyers of the governments and also as court arbitrators 2. An example of this is that of the ICSID arbitrator inexplicably chosen by Uruguay, James Crawford, who at least until March 2012 worked as a plaintiff lawyer against the Republic of Ecuador, representing US oil company Chevron.

And the Uruguayan Pro-Secretary of the Presidency is also right when he says that "we need to prepare ourselves for a long trial that will likely end by the end of 2015". Uruguay will now have to continue paying for arbitration costs, estimated by the United Nations Conference on Trade and Development (UNCTAD) in 8 million dollars on average for each of the parties. Now more than ever, Uruguay faces the risk of having to pay a large amount of money to Philip Morris. The company is demanding 2 billion dollars, approximately 5 per cent of the national GDP.

An opportunity to set the right direction

Nevertheless, REDES ­ FoE Uruguay considers the Uruguayan government has once again the opportunity to set the right direction and strongly face the attempts by the transnational tobacco company disguised as a Swiss company, where its headquarters are located, only to file its claim on the basis of the Bilateral Investment Treaty signed between Uruguay and Switzerland. If this was a football match, we would say that Uruguay is losing 1-0 and that from now on we will have to play at the rival's field, knowing that the referees are biased on their favor. In these circumstances, the best defense is attacking or to implement a counter-offensive strategy and ally ourselves with civil society organizations and international governments that are more than willing to support Uruguay in this cause, especially with governments which have begun to criticize BITs and their arbitration tribunals, particularly those countries of the region which met two months ago and who decided in Guayaquil, Ecuador, to create an Observatory, to promote BITs hearings and to establish a Congress of Latin American Countries Affected by Transnational Interests.

In addition, Uruguay will now have at least to review its BITs, starting with the one signed with Switzerland, as stated by REDES-FoE Uruguay and Alliance Sud, the most important coalition of Swiss NGOs who work for the development and rights of the peoples of the global South, aiming to exclude international arbitration as a mechanism to solve controversies and the concept of indirect expropriation which Philip Morris uses as a basis for its claim.

Footnotes:

[1] www.redes.org.uy, www.radiomundoreal.fm

[2] Eberhardt Pia and Olivet Cecilia, When Injustice is a Business, CEO and TNI, November 2012

Press release: A Cautionary Tale: Laos Violates Another Sanum Agreement

Jul 13, http://online.wsj.com/article/PR-CO-20130713-901549.html

The Wall Street Journal news department was not involved in the creation of this content.

VIENTIANE, Lao P.D.R--(BUSINESS WIRE)--July 13, 2013-- Sanum Investments Limited ("Sanum") had seemingly found a winning formula with its hospitality and entertainment enterprises in Lao P.D.R, until the Government arbitrarily revoked licences, cancelled concessions, imposed wrongful tax penalties and, most significantly, forcibly took control of its highly lucrative Thanaleng Slot Club. At the time, the Club was generating over USD $3 Million a month in net income. Sanum's top executives have also been threatened with unlawful arrest.

Having exhausted all domestic avenues for resolution, Sanum has sought legal redress by filing a request for arbitration at the International Center for Settlement of Investment Disputes ("ICSID"), where it is hopeful that the Rule of Law will prevail. Sanum's case is a classic example of the need for bilateral investment treaties, such as those that the Lao P.D.R. has signed.

Despite Sanum's cautionary tale, the much publicized Thai Lignite litigation together with other commercial and humanitarian abuses, including the disappearance of Community Leader and Activist Sombath Somphone, Laos continues to succeed in generating support from other countries, and is an increasingly popular tourist destination. Only this year, this landlocked country, one of the poorest in South East Asia, has been awarded the accolade of "World's Best Tourist Destination 2013".

Jody Jordahl, Sanum's President states:

"We are proud that Sanum has irrefutably played a part in Laos's growth. We invested heavily in our projects there, both emotionally and financially. We are very disappointed that the Government has not yet realized that it could go even further towards achieving its Millenium Development Goals, if it started to live and breathe the ethos of the WTO and to treat foreign investors justly."

The Lao Government's most recent violation of agreements with Sanum occurred, when a Memorandum of Understanding ("MOU") was signed between Champassak provincial government officials and the Solar Entertainment Corporation ("Solar"), which agrees to the construction of a new golf course, a four star hotel and licensed casino. The MOU also includes the rights to build a slot machine club at Chong Mek, which should be very lucrative, based on the success of Sanum's Thanaleng Slot Club. The Government's agreement with Solar contravenes Sanum's own contract with the Government of Laos, which grants Sanum a fifty year right of monopoly in Champassak province, preventing the Lao Government from granting licences to competing businesses.

Jordahl comments:

"Laos undoubtedly has sizeable opportunities for foreign investors, but it continues to perplex us how and why Sanum's successes have been so wrongfully undermined. We sincerely hope that the Government of Laos begins to see how investors like Sanum can aid its development. It is vital that the deals do not turn sour. Laos still has the chance to earn its place meritoriously in the Asian Economic Community."

Meetings held before the Arbitration Tribunal in Europe in May with Debevoise & Plimpton, Sanum's lead Counsel, and David Branson, Counsel for the Laotian Government have seen Sanum's ICSID arbitral proceedings gather speed.

Meanwhile Sanum continues to operate its resort in Savannakhet, and supports its Lao community.

Republic of Congo to accede to New York Convention

Jul 14, http://www.newyorkconvention.org/news/republic-of-congo-to-accede-to-new-york-convention

On the 26th of June, the President of the Republic of Congo promulgated Law 13/023, authorizing the accession of the DRC to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention").

Russia: Aide to arbitration judge got caught in bribery

Jul 18, http://www.themoscowtimes.com/news/article/what-the-papers-say-july-18-2013/483330.html

Yevgeny Safronov and Tatyana Tyutyunnik article headline "Aide to arbitration judge got caught in bribery" says that an aide to a Moscow arbitration court judge has been detained while receiving a $80,000-worth bribe; pp 1, 4 (550 words).

Russia: Gazprom to Cut Gas Price for RWE After Arbitration

Jul 09, http://en.rian.ru/business/20130709/182144457/Gazprom-to-Cut-Gas-Price-for-RWE-After-Arbitration.html

RIA Novosti - Russian gas monopoly Gazprom will amend its contract with German utility RWE, following a legal ruling that adjusted Gazprom's gas price formula, Gazprom Deputy CEO Alexander Medvedev said Tuesday.

Russia: Update on Ruric court cases

Jul 17, http://hugin.info/141656/R/1717187/570885.pdf

On July 17, 2013 Ruric subsidiaries had two court hearings in Russia.

Court hearing on Moika ­ Glinki case is being postponed.

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 September 11, 2013. The Ministry of Defence of the Russian Federation had no position for the case so they requested extra time to study the case materials. Representatives of the Ministry of Defence of the Russian Federation informed Ruric that amicable agreement is not possible and they will use the time to prepare their objections to challenge the full amount of the claim. The Court has asked the parties to prepare the final clarifications on the claim and objections to the claim by September 11, 2013.

Litera LLC has again won the case against AUIPIK.

On July 17, 2013 Litera LLC (Ruric 50% owned company) won the court of appeal to set-off the incurred capital expenses for restoration of the building at the Fontanka 57 lit. A in the amount of RUB 84 mln against rental payments for the use of the building under the lease agreement with the Russian governmental agency AUIPIK. This fact allows LLC Litera to effectively off-set future rental payments since August 2013.

RWE Expects to Rid Gazprom Deals of Oil Price After Arbitration

Jul 08, http://www.bloomberg.com/news/2013-07-08/rwe-expects-to-rid-gazprom-deals-of-oil-price-after-arbitration.html

RWE AG (RWE) said winning an arbitration against Russia's OAO Gazprom (GAZP) paves the way to getting rid of a link with oil prices in gas supply contracts that cost Germany's second-largest utility hundreds of millions of euros.

Sabah: 18th round of TPP negotiations to be held in Sabah

Jul 10, http://mysinchew.com/node/88579?tid=4

Bernama -- The 18th Round of the Trans-Pacific Partnership (TPP) Negotiations will be held from July 15 - 25, in Kota Kinabalu, Sabah. Negotiators from the 11 TPP member countries will convene with the objective of meeting goals set by the TPP Leaders to complete negotiations by year-end.

Singapore and Colombia sign Investment Guarantee Agreement (IGA)

Jul 22, http://www.channelnewsasia.com/news/business/singapore/singapore-and-colombia/747426.html

The agreement serves to protect investors' interests from Colombia and Singapore and opens up more business and investment opportunities for Colombian and Singapore companies.

South Africa: Davies, EU in war of words over trade deals

Jul 18, http://www.bdlive.co.za/business/trade/2013/07/18/davies-eu-in-war-of-words-over-trade-deals

EUROPE's trade chief on Wednesday delivered a blunt warning to South Africa about the future of its relationship with the European Union (EU), South Africa's single largest trade partner.

Spain: 1014 preferentistas de Bankia han recuperado lo invertido

Jul 09, http://www.intereconomia.com/noticias-negocios/claves/1014-preferentistas-bankia-han-recuperado-invertido-20130709

52.049 solicitudes de arbitraje están en fase de tramitación en oficinas y 100.375 ya están siendo analizadas por KPMG

Spain: Cuatro fondos llevan a España a un arbitraje por el recorte a las energías renovables

Jul 10, http://www.eleconomista.es/empresas-finanzas/noticias/4980706/07/13/Cuatro-fondos-llevan-a-Espana-a-un-arbitraje-por-recortar-a-las-renovables.html

[Machine Translation] Four major international investment funds (Antin, Eiser Infrastructure, Infrared Capital and Renergy) will go to international arbitration against Spain in the coming days for the pay cuts to wind farms and solar thermal, which together account for nearly a snip 1,500 million euros. Industry press to bring up the energy reform this Friday .

Spain: La Corte Hispano Marroquí de Arbitraje tendrá su nueva sede en Casablanca

Jul 10, http://www.aeade.org/component/k2/item/332-la-corte-hispano-marroqu%C3%AD-de-arbitraje-tendr%C3%A1-su-nueva-sede-en-casablanca

El pasado lunes 1 de julio, Javier Íscar de Hoyos, secretario general de la Asociación Europea de Arbitraje, Aeade, y Francisco Albert Martínez, Presidente de la Cámara Oficial Española de Comercio e Industria y Navegación de Casablanca en Marruecos, firmaron un convenio de colaboración por el que la sede de la Corte Hispano Marroquí de Arbitraje en Marruecos sea Casablanca, la sede de la Cámara.

Spain: Wind power funds seek arbitration

Jul 10, http://www.eleconomista.es/seleccion-ee/noticias/4980717/07/13/Wind-power-funds-consider-arbitration.html

Four international investment funds will resort to an arbitration against Spain for cuts to wind and thermosolar power plant profits. They will argue that economic incentives that were offered to attract investors were removed after the companies received their funding.

Statement in response to allegations about the alleged involvement of a Yukos Dutch Foundation in money laundering and payment of incentives to prominent individuals

Jul 11, http://www.theyukoslibrary.com/en/news/statements/statement-in-response-to-allegations-about-the-alleged-involvement-of-a-yukos-dutch-foundation-in-money-laundering-and-payment-of-incentives-to-prominent-individuals/

According to recent reports in the Russian media - http://newtimes.ru/articles/detail/67284 - , the Investigative Committee of the Russian Federation refers to the Dutch Foundation, Stichting Administratiekantoor Yukos International, in allegations made against Sergey Guriev, a prominent Russian economist who has recently left Russia fearing for his freedom as a result of being involved in a panel which criticized the second trial of Mikhail Khodorkovsky. It is reported that the General Prosecutor Office's search orders against Mr Guriev suggest experts, including Mr Guriev, received money from Stichting Administratiekantoor Yukos International.

Any such allegations about Stichting Administratiekantoor Yukos International are blatantly false.

Stichting Administratiekantoor Yukos International is a Dutch Foundation. The Stichting was set up in Holland by YUKOS Oil Company in April 2005 - two years after the alleged payment(s) to Mr Guriev was made, almost a year before the forced bankruptcy of YUKOS, and more than 2 years before the forced liquidation of YUKOS.

The main purpose of the Foundation is to protect the interests of the former YUKOS Oil Company stakeholders - shareholders, creditors and employees - preserve the assets of the company for their benefit and seek recompense for these innocent victims of the illegal acts of the Russian Federation in the expropriation of YUKOS Oil Company.

Tanzania: Dowans case judgment delayed since 2011

Jul 16, http://www.dailynews.co.tz/index.php/local-news/19951-dowans-case-judgment-delayed-since-2011

THE constitutional case lodged by seven persons, including two deputy ministers, to challenge payment of 65,812,630.22 US dollars to two Dowans companies is at a crossroads following failure by judges of the High Court to deliver their judgment since 2011.

TeliaSonera Issues Comment On Privy Council's Decision Over Turkcell

Jul 10, http://www.rttnews.com/2147968/teliasonera-issues-comment-on-privy-council-s-decision-over-turkcell.aspx

Swedish telecommunications firm TeliaSonera said Tuesday that it welcomes today's decision by the Privy Council stating the terms under which Çukurova can recover the disputed shares in Turkcell Holding from Altimo, as it is expected to be another important step towards a long overdue resolution of the deadlock between the shareholders in Turkcell.

The Free-Trade Charade by Joseph E. Stiglitz

Jul 05, http://www.project-syndicate.org/commentary/transatlantic-and-transpacific-free-trade-trouble-by-joseph-e--stiglitz

The likelihood that what emerges from the coming talks will serve ordinary Americans' interests is low; the outlook for ordinary citizens in other countries is even bleaker.

The Kiobel Judgment of the US Supreme Court and the Future of Human Rights Litigation - Seminar at the MPI Luxembourg

Jul 09, http://conflictoflaws.net/2013/the-kiobel-judgment-of-the-us-supreme-court-and-the-future-of-human-rights-litigation-seminar-at-the-mpi-luxembourg/

On July 4th, 2013, the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law invited experts from the USA and Europe to a colloquium to discuss the consequences of the US Supreme Court's decision in the proceedings Kiobel v. Royal Dutch Shell Petroleum Co. The seminar aimed at a broad perspective: Subject of the discussion were the consequences of the judgment with regard to public international law, procedural law and private international law - from the viewpoint of Europe and the United States respectively.

Algeria: Tala Hamza Project - Terramin to Commence Arbitration Proceedings to Resolve Differences [pdf]

May 2, http://www.terramin.com.au/lib/pdf/media/ASXreleases/%20_SET_MEmf1084.pdf

Following the latest meeting with ENOF in Algiers on Tuesday 23 April 2013, Terramin Australia Limited (Terramin or the Company) announces that it has today informed its Algerian partner and the Algerian government that it is commencing arbitration proceedings pursuant to the joint venture agreement dated 22 February 2006 (JV Agreement).

The proceedings will be brought before the International Chamber of Commerce in Paris with the intention of bringing a resolution to the continuing differences between the partners regarding Terramin's proposal for developing the Tala Hamza project as set out in the Definitive Feasibility Study (DFS) which was completed and submitted in October 2010. The differences regarding the mining method are expected to be addressed given that, despite the lack of any expert opinion to support them, ENOF is firmly opposed to the Block Caving mining method selected by Terramin on the basis of recommendation from international mining expert, Golder Associates (Golder).

The Tala Hamza project is owned by Western Mediterranean Zinc Spa, a joint venture company owned by Terramin (65%) and two Algerian State owned companies ENOF (Entreprise National des Produits Non-Ferreux et des Substances Utiles, 32.5%) and ORGM (Office de Recherche Geologique et Miniere, 2.5%).

The JV agreement was signed for the purpose of developing a mine to exploit the Tala Hamza deposit. Since the inception of the Joint Venture agreement and as required by the JV Agreement, Terramin has been funding all expenditure on the project. In accordance with the terms of the JV Agreement, a completed DFS was submitted to

Terramin's Algerian partners and to the Algerian Ministry of Mines on 10 October 2010. Terramin's expenditure on the project is in excess of US$42m.

The DFS, which complies with the requirements of the Joint Venture Agreement and international standards, was produced by two leading international mining consultants, Golders Associates and Bateman Engineering (Bateman). The resultant mine would be one of the largest zinc mines in the world, employing around 600 employees directly and with the potential to create indirect employment of up to a further 3000 people in the Bejaia region. The proposal for the development of the mine by Terramin would benefit the Bejaia region by providing employment and economic development to a talented and well-educated local population experiencing chronic unemployment.

Following Terramin's submission of the DFS, instead of the one-month review of the DFS that Terramin had been expecting of its partners, as provided under the JV Agreement, given the opportunity available for review and consultation over the previous years of study, ENOF instead engaged an independent international consultant to review the DFS. Terramin was advised by ENOF of the outcome of ENOF's final review of the DFS almost a year later in September 2011. ENOF has expressed a number of criticisms of the DFS including that the Block Caving mining method, which had been recommended by Golder as being the safest and most financially viable for this complex orebody, was unsuitable. ENOF considers this mining method as unsafe. However, despite numerous requests, no report from ENOF's expert consultants has ever been shared with Terramin to support any of ENOF's assertions regarding the DFS. The original JV Agreement does not exclude any mining method, and it remains a surprise that ENOF decided that the Block Caving mining method was unsuitable after completion of the DFS and not before the completion of the DFS.

Since December 2010, Terramin has undertaken every reasonable effort to find a way forward with its partner by:

Commenting on the above matter, Terramin Managing Director Nic Clift said: "We understand that the Algerian Government is very keen to develop the mining industry in partnership with external companies that can bring expertise into Algeria to accelerate the development of this potentially important source of economic development and new employment. We also know that Tala Hamza will be the first significant new mine for decades, and so we have been expecting some possible delays, and as a result we have patiently made every effort to find a way forward. However at present the only option available to Terramin is to seek a resolution by an independent third party arbitrator."

Terramin's preference is that the arbitration process should provide the opportunity for the partners in WMZ to reach a mutually agreeable basis for proceeding with the Tala Hamza mine. However, a range of outcomes are possible, including that ENOF or the Algerian government will seek to terminate the JV Agreement unilaterally. Terramin has sought expert legal advice and this advice confirms that ENOF does not have the right to terminate unilaterally the JV Agreement given that Terramin is not in breach of that agreement. If termination was sought, Terramin would be likely to make a claim for a very significant amount of damages to ENOF for the losses suffered by the Company.

Nic Clift commented further: "The Algerian Ministry of Mines has been working hard to build bridges with the international mining community and has reached out to mining countries, including Australia, for their support in developing the Algerian mining sector. Therefore, an adverse outcome for Terramin in this case, despite having met all of its obligations, would send a very negative message to international investors in general and mining investors in particular."

UK: MoJ oversight costs London dear

Jul 15, http://www.thelawyer.com/analysis/notebook/moj-oversight-costs-london-dear/3007267.article

Did the Ministry of Justice (MoJ) miss a trick when it failed to install an arbitration centre in London's £60m Rolls Building?

UN Tribunal convenes in The Hague to look into PHL case vs. China

Jul 16, http://www.gmanetwork.com/news/story/317703/news/nation/un-tribunal-convenes-in-the-hague-to-look-into-phl-case-vs-china

A United Nations tribunal has been convened in the Netherlands to look into a complaint filed by the Philippines to question the legality of China's massive territorial claim in the resource-rich South China Sea.

UN's Ban calls on Israelis, Palestinians to show courage, leadership

Jul 20, http://www.jpost.com/Diplomacy-and-Politics/UNs-Ban-calls-on-Israelis-Palestinians-to-show-courage-leadership-320434

EU, UN praise Kerry's announcement on resumption of talks; Ashton expresses "great hope that we may finally see progress."

US Announces Compliance in World Trade Organization "Dolphin-Safe" Labeling Dispute

Jul 12, http://www.ustr.gov/about-us/press-office/press-releases/2013/july/US-complies-tuna-dolphin

United States Trade Representative Michael Froman announced today that the United States has fully implemented the recommendations and rulings of the World Trade Organization (WTO) in a dispute brought by Mexico on the U.S. dolphin-safe labeling program. The United States informed the WTO of its compliance in a communication to be circulated to WTO Members.

"I am pleased to announce the United States has complied with the WTO's findings in a way that enhances, and does not weaken, our 'dolphin safe' labeling program," said Ambassador Froman. "The final rule published by the National Oceanic and Atmospheric Administration (NOAA) helps ensure that American consumers continue to receive accurate information regarding whether the tuna in a product labeled 'dolphin safe' was caught in a manner that caused harm to dolphins. These changes demonstrate that the United States can provide consumer information, protect dolphins, and avoid discrimination between WTO Members consistent with WTO rules."

In June 2012, the WTO Dispute Settlement Body (DSB) adopted findings by a WTO panel and the Appellate Body that the U.S. dolphin-safe labeling program was, in some respects, inconsistent with U.S. WTO obligations. In particular, the WTO adopted findings that the dolphin-safe labeling requirements were inconsistent with non-discrimination obligations to accord imported products treatment no less favorable than that accorded to like domestic products or products of other WTO Members. The WTO found that the dolphin-safe labeling requirements were not "even-handed" in the treatment of tuna harvested in different oceans.

The amendments to the regulations address this concern by requiring as a new condition to use the label certification that no dolphins were killed or seriously injured during fishing operations occurring outside the eastern tropical Pacific Ocean (ETP). These requirements already exist for fishing operations inside the ETP. Thus, the amendments to the regulations are even-handed and will contribute further to the protection of dolphins regardless of where they swim, bringing the dolphin-safe labeling requirements into compliance with U.S. WTO obligations.

The period of time for the United States to comply with the WTO ruling expires on July 13, 2013, and the final rule by NOAA is effective on that date. NOAA's final rule as published in the Federal Register may be found here http://www.gpo.gov/fdsys/pkg/FR-2013-07-09/pdf/2013-16508.pdf

US arbitration panel orders Wells Fargo to pay investor US$2.8m

Jul 10, http://www.businesstimes.com.sg/breaking-news/world/us-arbitration-panel-orders-wells-fargo-pay-investor-us28m-20130710

A US securities regulator ordered Wells Fargo Advisors LLC to pay US$2.8 million to an investor who said the firm failed to detect fraudulent transactions and theft in its account, according to a securities arbitration ruling.

US embassy updates Turkmen government officials on international commercial arbitration

Jul 09, http://www.timesca.com/index.php/m-news-by-category/economy-finance-and-investment-news/11094-us-embassy-updates-turkmen-government-officials-on-international-commercial-arbitration

TCA - The United States Agency for International Development (USAID)-funded Macroeconomic Project, in partnership with the Ministry of Foreign Affairs of Turkmenistan, is hosting an advanced-level seminar on International Commercial Arbitration from July 9-12 at the President Hotel in Ashgabat.

US, China see progress on investment treaty

Jul 12, http://au.news.yahoo.com/latest/a/-/article/17967286/us-china-see-progress-on-investment-treaty/

AFP - The United States and China said Thursday they had moved forward on a treaty that would ramp up investment but the two countries clashed over hacking and the case of fugitive Edward Snowden.

US-Japan: Southern California Edison Serves Formal Notice of Dispute to Mitsubishi over Defective Steam Generators at SONGS

Jul 18, http://newsroom.edison.com/releases/southern-california-edison-serves-formal-notice-of-dispute-to-mitsubishi-over-defective-steam-generators-at-songs

Southern California Edison (SCE) has served a formal Notice of Dispute on Mitsubishi Heavy Industries, Ltd., and Mitsubishi Nuclear Energy Systems (together, "Mitsubishi") which seeks to hold Mitsubishi accountable for designing and manufacturing defective Replacement Steam Generators (RSGs) at the San Onofre Nuclear Generating Station (SONGS).

"Our action is about making sure that Mitsubishi takes responsibility for providing the defective steam generators that led to the closing of SONGS," said Ron Litzinger, president of SCE.

Although Mitsubishi warranted the generators would operate reliably for 20 years, SCE was required to take SONGS offline in January 2012 when one of the Mitsubishi RSGs experienced a radioactive coolant leak after less than a year of operation. Although its contract with SCE required Mitsubishi to repair the RSGs "with due diligence and dispatch," SCE's Notice of Dispute alleges that Mitsubishi failed to do so.

Facing continued uncertainty about restoring SONGS to service at any level of power, SCE permanently retired the plant as of June 2013. SCE alleges that Mitsubishi, as designer and manufacturer of the faulty RSGs, is responsible for the enormous harm its failures have caused to California ratepayers, SCE, and the other SONGS owners.

When SCE contracted with Mitsubishi to replace the SONGS steam generators, it did so to extend the life of SONGS so that the plant could continue to provide safe, reliable and affordable power to over 1.4 million homes in Southern California.

However, SCE's Notice of Dispute claims that Mitsubishi seriously breached the Contract, totally and fundamentally failing to deliver what it promised. SCE alleges that Mitsubishi grossly failed to appropriately model the thermal hydraulic conditions in the RSGs, including the relative wetness of the steam/water mix in the RSGs ("void fraction") and the speed of the steam/water flow within the RSGs ("fluid velocity").

In addition, Mitsubishi is alleged to have failed to design tube support structures capable of withstanding the extreme thermal hydraulic conditions within the RSGs. As a result, the RSGs experienced damaging flow-induced vibration that caused several types of excessive tube wear. The tube-to-tube wear was so advanced in one of the four identically-designed RSGs that it caused a radioactive coolant leak, which SCE was able to address by promptly and safely shutting the plant down.

The Notice of Dispute claims that for over 16 months, SCE has asked Mitsubishi to make things right, but Mitsubishi failed to live up to its contractual obligations. SCE invoiced Mitsubishi for the money SCE was forced to spend investigating and attempting to repair the RSGs, but SCE claims that Mitsubishi has refused to even acknowledge responsibility for any of these costs, even after receiving thousands of pages of documents in support. SCE further claims that Mitsubishi additionally refused to submit to a contractually mandated audit of the documents regarding its work on the RSGs, hindering a transparent look into what went wrong with Mitsubishi's steam generators, and why.

The Notice of Dispute also alleges that SCE asked Mitsubishi to provide a repair or replacement plan that eliminated the risk that these serious problems would reoccur, but after more than 16 months and despite the contract's requirement that it provide repairs "with due diligence and dispatch." Mitsubishi provided only "conceptual" proposals--for example, one proposal would have required workers to perform first-of-a-kind repairs in radioactive, confined areas as narrow as 18 inches, with specialty tools that did not yet exist.

Ultimately, with no reliable timeline for generating power at SONGS, SCE determined that the prudent course of action was to end the uncertainty for its ratepayers and the company and permanently retire SONGS as of June 2013. Such an early retirement is exactly what the Steam Generator Replacement Project was designed to avoid.

SCE's notice, issued today, formally initiates a 90-day dispute resolution process under the Contract. If that process is unsuccessful, then SCE intends to initiate binding arbitration against Mitsubishi, as the designer and manufacturer of the faulty RSGs, to recover damages Mitsubishi has caused.

In the Notice of Dispute, SCE argues that limitations on Mitsubishi's liability set forth in the Contract do not apply because of contractual exceptions and because of provisions of California law. Mitsubishi, like the manufacturer of a "lemon" automobile, was unable to fix the defects in its product because they were so fundamental and pervasive. In this circumstance, SCE claims that the limitations are not enforceable, and Mitsubishi is therefore responsible for the full measure of damages incurred by SCE, the other SONGS owners and their customers.

Copy of Notice of Dispute https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=9559

US: An Independent Moot Panel For Preparing Appellate And Arbitration Arguments - www.mootpanel.com

Jul 18, http://www.marketwatch.com/story/three-experienced-litigators-collaborate-on-the-panel-an-independent-moot-panel-for-preparing-appellate-and-arbitration-arguments-2013-07-18

PRNewswire via COMTEX -- Three experienced litigators today announced a collaboration called "The Panel" (www.mootpanel.com) - an independent moot panel available to help other litigators prepare for appellate and other important court and arbitration arguments. The three litigators all have the extensive experience needed to frame the tough questions that go to the heart of any legal argument. The lawyers are: -- Philip Allen Lacovara; -- George A. Davidson; -- Evan A. Davis.

US: Arbitration panel rules in favor of Cathedral high school

Jul 18, http://www.wwlp.com/dpp/news/local/hampden/arbitration-panel-rules-in-favor-of-cathedral-high-school

SPRINGFIELD, Mass. (WWLP) - Two years after being destroyed in the June 1st Tornado , Cathedral High School finally received some good news. An arbitration panel ruled in favor of Cathedral High School's insurance claim approving a $49 million settlement.

US: California - Arbitration Results Will Stay Secret, for Now

Jul 05, http://voiceofsandiego.org/2013/07/05/arbitration-results-will-stay-secret-for-now/

A state Assembly bill that would have given arbitration providers stiff penalties for violating transparency laws has stalled, and won't be reintroduced until next year.

US: Harsh Terms in Arbitration Agreement

Jul 12, http://www.outsourcingjustice.com/drhorton-arbitration/

A recent Texas opinion revealed an interesting, and rather harsh, provision in an arbitration agreement. D.R. Horton-Texas, Ltd. v. Drogseth, No. 02-12-00435-CV (Tex.App.-Fort Worth July 3, 2013) - http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=e77b0bb1-427b-44e6-a2a8-9188ada7bd98&coa=coa02&DT=Opinion&MediaID=c4aaf842-1e71-4b72-bba6-33b07add6a59. The case involved a dispute between a homebuyer and homebuilder for negligent construction. The trial court, without providing any reasons, refused to enforce an arbitration clause in the sales contract for the home. The appellate court reversed, finding that the plaintiff's unconscionability arguments on appeal failed, and the appellate court held that the arbitration clause was enforceable.

There is nothing unusual about the judge's opinion; it was a routine order compelling arbitration. But what caught my attention is the following clause in the arbitration agreement: "If Buyer does not seek arbitration prior to initiating any legal action, Buyer agrees that Seller shall be entitled to liquidated damages in the amount of Ten Thousand Dollars ($10,000.00)."

US: IL&FS rejects La-Fin's arbitration plea, HC hearing on Fri

Jul 16, http://www.moneycontrol.com/news/business/ilfs-rejects-la-fins-arbitration-plea-hc-hearingfri_917798.html

The tussle between IL&FS and La-Fin over performance of the buyback agreement of 2009 saw some headway. In the last hearing, La-Fin had proposed arbitration between the two parties to the dispute .

US: Mediation to begin in Copar legal fight

Jul 10, http://www.thewesterlysun.com/news/mediation-to-begin-in-copar-legal-fight/article_327fc78a-e7d0-11e2-9de4-0019bb2963f4.html

WESTERLY - With the two-year anniversary of the first publicly lodged complaint against Copar Quarries of Westerly nearing, town officials say they are continuing to monitor the operation and do what they can to help neighbors who claim it has ruined their quality of life.

US: MidOil USA Seeks to Compel Arbitration of $25 Million Claim Against Astra Resources PLC and Subsidiary for Breach of Contract

Jul 08, http://eworldwire.com/pressreleases/212809

NEW YORK/EWORLDWIRE/July 8, 2013 --- Project financing and investment banking group MidOil USA LLC has filed a motion with the United States District Court for the Southern District of New York for leave to amend its petition to compel arbitration against Adelaide, Australia-based diversified global asset company Astra Resources PLC and its subsidiary Astra Project Finance Pty. Ltd. before the International Centre for Dispute Resolution division of the American Arbitration Association.

In its claims, MidOil USA seeks damages of over $25 million plus attorneys fees and expenses. See MidOil USA, LLC v. Astra Project Finance Pty Ltd., Case 1:12-cv-08484-PAC (S.D.N.Y.).

US: Viacom must pay Harmonix $299 million in disputed bonuses per Delaware Supreme Court ruling

Jul 18, http://www.allgamenews.info/viacom-must-pay-harmonix-299-million-in-disputed-bonuses-per-delaware-supreme-court-ruling/

Unless Viacom appeals the decision with the Supreme Court, or should the ruling be reconsidered for some, the decision will stand.

What to expect in TPPA talks - Martin Khor

Jul 15, http://www.thestar.com.my/Opinion/Columnists/Global-Trends/Profile/Articles/2013/07/15/What-to-expect-in-TPPA-talks.aspx

The Trans Pacific Partnership Agreement (TPPA) talks to be held in Kota Kinabalu can be expected to deal with several contentious issues as countries weigh the advantages and disadvantages to them.

Zimbabwe shuts door on asset seizure

Jul 05, http://mg.co.za/article/2013-07-05-00-zimbabwe-shuts-door-on-asset-seizure

This emerged following last week's landmark judgment by South Africa's Constitutional Court confirming that white farmers who had lost their farms in controversial land seizures in Zimbabwe could sue in the South African courts for compensation and attach Zimbabwe ­government assets here.

Çukurova seeks time to buy its shares in Turkcell

Jul 17, http://www.hurriyetdailynews.com/cukurova-seeks-time-to-buy-its-shares-in-turkcell.aspx?pageID=238&nID=50843&NewsCatID=345

Turkey's Çukurova Group has sought more time to pay $1.565 billion to redeem Turkcell shares from Russian telecoms firm Altimo over a defaulted loan, a British court said yesterday, a week after the court gave Çukurova 60 days to pay the sum.

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.

Dutch Arbitration Day 25 September 2013

Sep 25, http://dutcharbitrationassociation.nl/news

It is our pleasure to announce that the first Dutch Arbitration Day will take place on 25 September 2013 at the Peace Palace in The Hague.

The inaugural conference of the Dutch Arbitration Association (DAA) will bring together leading arbitration practitioners as well as academic and government experts. Participants will discuss the recently submitted bill for a renewed Dutch Arbitration Act in light of current topics and several economic sectors in international arbitration.

As a professional party with an interest in arbitration law you are hereby invited to attend the Dutch Arbitration Day. It will be a unique opportunity to gain insight into the forthcoming Dutch Arbitration Act and to learn about its features, both from its drafters and from internationally renowned arbitration practitioners.

We hope to be able to welcome you all in the Peace Palace on 25 September. More information concerning the event will be available shortly.

IISD: Annual Forum of Developing Country Investment Negotiators, 4-6 November 2013, Indonesia

Jul 22, http://www.iisd.org/investment/dci/

IISD is pleased to announce that this year's event will be co-hosted with the government of Indonesia and the South Centre.

The annual forums provide opportunities for discussions of current trends and perspectives aimed at ensuring that the developmental goals and objectives of developing countries are promoted and encouraged. The theme of this year's event will be investor-state dispute settlement, an issue identified by participants of last year's Forum as a pressing issue for in-depth discussion.

The invitations will be sent to all developing countries' missions in Geneva during the month of July, with a request for official nominations.

English Salon on International Commercial Arbitration Held Successfully in BAC

Jul 19, http://www.bjac.org.cn/en/news/view.asp?id=2269

On June 26, 2013, the fifth BAC arbitrators’ salon of 2013 (98th in total) was held successfully in the international conference hall of BAC. More than 100 BAC arbitrators and corporate counsels, lawyers and postgraduate students who are interested in international commercial arbitration participated in the salon in person or by watching the live video. The salon was presided over by Ms. Teresa Cheng, a BAC Arbitrator, Senior Counsel in Hong Kong, Vice-chairperson of the International Court of Arbitration of ICC and Vice-chairperson of Hong Kong International Arbitration Centre (HKIAC).

IISD: International Investment Law at a Crossroads: What role for China?

Jul 16, http://www.iisd.org/publications/pub.aspx?id=2815

On April 24, 2013, IISD, together with its local partner Global Environmental Institute, convened a roundtable workshop entitled "International Investment Law at a Crossroads: What role for China?" in Beijing. The workshop aimed to discuss how to address the institutional and systemic challenges in the investment treaty framework in order to find a balance between investors' interests and states' policy space. In light of China's position as both host state and home state, the quest for more balance and sustainable development is particularly relevant. Thirty participants from the Chinese government, academia and selected enterprises attended the workshop.

Download http://www.iisd.org/pdf/2013/china_investment_law_at_a_crossroads.pdf (5 pages)

International Arbitration Event Jerusalem Arbitration Centre - Tuesday 30 July 2013

Jul 30, http://conflictresolvers.wordpress.com/2013/07/18/international-arbitration-event-jerusalem-arbitration-centre/

Event Details

Please RSVP by Friday 19 July to Peonie Gebbie on jacevent@claytonutz.com or +61 3 9286 6424.

This is an event to promote the use of international arbitration and where appropriate mediation to resolve commercial disputes between Palestinian and Israeli businesses, in the context of the newly established Jerusalem Arbitration Centre (JAC).The JAC is a joint enterprise of ICC Palestine and ICC Israel. The historic signing of the joint venture agreement between those two organisations took place on 27 March 2013, under the auspices of the Honorary Chairman of the Centre, Mr Rifat Hisarciklioglu, President of ICC Turkey.

Israelis and Palestinians engage in approximately US$4 to 5 billion of bilateral trade annually despite there being no satisfactory dispute resolution system in place. The JAC, which is modelled on and in affiliation with the ICC Court of Arbitration in Paris, is being set up to address that issue. The Centre exemplifies the type of significant contribution international arbitration can make to improving relations in a conflict torn region.

We will be joined by:

We hope you can join us for what will be a very informative seminar.

PCA co-hosts lecture at Peace Palace - Prospects for a Lasting Peace in Sudan: Post-Abyei, Addressing the Full Implementation of the 2005 Comprehensive Peace Agreement

Jul 17, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=369&pag_id=1261

A special event sponsored by the Permanent Court of Arbitration featuring leading arbitral practitioner and scholar Professor James Crawford

The Permanent Court of Arbitration is co-sponsoring a lecture by Professor James Crawford SC, FBA, Whewell Professor of International Law at the University of Cambridge, to be held at the Peace Palace on Thursday, July 18, 2013, beginning at 5:30pm.

This special event will provide insight into developments since the issuance of the arbitral award in the arbitration administered by the PCA between the Government of Sudan and the Sudan People’s Liberation Movement/Army (Abyei Arbitration).

In his remarks, Professor Crawford will give some of the background leading up to the Abyei decision before turning to recent developments.

This event, which is also sponsored by the American Society of International Law’s New Professionals, International Courts and Tribunals, and Dispute Resolution Interest Groups, as well as by the European Society of International Law, and The Hague Academy for International Law, is free and open to the public though registration is required for access to the Peace Palace.

To attend, please register at http://www.asil.org/activities_calendar.cfm?action=detail&rec=299

Southampton Law School hosts the 14th International Maritime Law Arbitration Moot

Jul 04, http://www.southampton.ac.uk/law/news/2013/07/04_southampton_law_school_host_the_14_international_maritime_law.page?

On 7 - 12 July 2013, the University of Southampton welcomes the competitors in this annual Moot, organised by the Murdoch University School of Law (Australia).

JOBS / MOVES

Leading International Arbitration Partner George Burn Joins Vinson & Elkins

Jul 15, http://www.velaw.com/resources/LeadingInternationalArbitrationPartnerGeorgeBurnJoinsVinsonElkins.aspx

Vinson & Elkins announces the arrival of international arbitration partner, George Burn, who has joined V&E in London from Dentons. Before his previous firm's merger, George served as the head of Salans' UK International Arbitration practice.

ICSID

Lundin Tunisia B.v v Tunisia (ICSID ARB/13/15)

Oil expl. and exploitation operations, Registered July 18, 2013

Société des Mines de Loulo v Mali (ICSID ARB/13/16)

Gold expl. and exploitation project, Registered July 18, 2013

EVN AG v Bulgaria (ICSID ARB/13/17)

Electricity supply and distribution operations, Registered July 19, 2013

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