issue #12, week 35. 28 August 2013
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

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

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NEWS

CPR and CEDR Enter into Groundbreaking Agreement to Jointly Promote the CPR 21st Century Pledge in United Kingdom - Signatories to be Announced November 12th

Aug 21, http://www.cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/808/CPR-and-CEDR-Enter-into-Groundbreaking-Agreement-to-Jointly-Promote-the-CPR-21st-Century-Pledge-in-United-Kingdom-Signatories-to-be-Announced-November-12th-Press.aspx

London, United Kingdom, August 20, 2013 - Today, the International Institute for Conflict Prevention and Resolution (CPR) and the Centre for Effective Dispute Resolution (CEDR) announced a groundbreaking agreement that provides for CEDR to be CPR's exclusive 21st Century Corporate Pledge Partner in the United Kingdom. On November 12th, signatories of the Pledge in the UK will be made public at a special event in London.

With this agreement, the two organizations have agreed to jointly promote the CPR 21st Century Corporate ADR Pledge in the United Kingdom. The 21st Century Pledge provides for signatories to commit their resources to manage and resolve disputes through negotiation, mediation and other ADR processes when appropriate, with a view to establishing and practicing global, sustainable dispute management and resolution processes. The agreement also provides that CEDR and CPR will collaborate on substantive programs and initiatives to further the goals of the CPR 21st Century Corporate ADR Pledge.

Kathy A. Bryan, CPR's President & CEO, and Dr Karl Mackie CBE, Chief Executive of CEDR, both underline the benefits of this unique collaboration: "The purpose of this unique agreement between our two organizations is to magnify the power and international reach of the CPR 21st Century Corporate ADR Pledge. It will serve to expand CPR and CEDR's international reach to benefit their members and users. Indeed, this agreement will result in greater promotion and use of ADR internationally by providing both our organizations' users with a more extensive list of signatories who support ADR in different jurisdictions."

East African Court of Justice: SG, Four Partner States taken to Court for Delay to Deposit the African Charter of Human and People’s Rights Declarations

Aug 22, http://www.eacj.org/SG_Four_Partner_States_taken_to_Court_for_Delay_to_Deposit_ACHPR_Declarations.php

Arusha, 22 August 2013: The First Instance Division heard a case against the Secretary General of the East African Community and four Partner States, the Republics of Burundi, Kenya, Rwanda and Uganda; filed by the Democratic Party (DP) of the Republic of Uganda for alleged failure or refusal and delay to make respective declarations to accept the competence of the African Court on Human and People’s Rights (ACHPR). The DP argued that the inaction of the named Partner States was an Infringement of the Treaty for Establishment of the EAC particularly Articles 6(d) and 7(2) among others.

The Applicant represented by Hon. Fred Mukasa Mbidde, Member of the East African Legislative Assembly (EALA) and Mr. Justin Semuyaba (Advocate) submitted that only the United Republic of Tanzania had deposited the necessary declaration since the ratification of the ACHPR. However, the Applicant later opted to discontinue the Republic of Rwanda dispute because it submitted the declaration when the case had already been filed in this Court.

The Applicant further contended that named Partner States have delayed to deposit the necessary declarations for ten (10) years since the ratification of the Charter and that since access to Justice is essential to the integration process, the continued delay was hampering access to the African Court by litigants from those Countries. Therefore alleges that the Secretary General’s failure to carry out his supervisory role over all the Partner States of the East African Community contravenes the Treaty.

The Secretary General’s Representative, Dr. Anthony Kafumbe, submitted that the Court does not have the jurisdiction to interpret the ACHPR and instead it is restricted to the interpretation and application of the Treaty under Article 27 only. He also added that the delay of the deposition of the necessary declarations by the Partner States is not a breach because the Protocol of the ACHPR does not have any time line and that the Treaty does not indicate the supervisory role of the SG over the Partner States in implementing the deposition of the declarations.

Uganda and Kenya’s Advocates also associated themselves with the SG’s submissions , and argued that deposition of the declaration is a process not an event; that there is good will among these Partner States and therefore they should be given time to pursue this action.

TKenya’s representative argued that there is no evidence that it had failed to implement the ACHPR Provisions and that it is the discretion of a State to deposit a declaration at its own time. He said that it’s only the EAC Summit of the Heads of State that can address the implementation and that the rights of Kenyan citizens are protected by Kenya’s Constitution and therefore there was no urgency in the matter.

The Representative for Rwanda on his part argued that although the Applicant had discontinued the case against the Republic of Rwanda, it was not entitled to costs because Rwanda had fulfilled its obligation to deposit the declarations. The Republic of Burundi was not represented

The Court will deliver the judgement on notice.

ECOWAS Court Holds its 5th Judicial Retreat in Benin

Aug 08, http://www.courtecowas.org/site2012/index.php?option=com_content&view=article&id=216:ecowas-cour-t-holds-its-5th-judicial-retreat-in-benin&catid=14:pressrelease&Itemid=36

The Community Court of Justice, ECOWAS is holding its 5th Judicial Retreat in Cotonou, Republic of Benin. The theme is Measures and Strategies for Effective Service Delivery in Legal Research, Library Services and Communications. The Judicial Retreat is taking place from 8th – 11th July, 2013.

The Judicial Retreat is an important annual activity of the Community Court of Justice, ECOWAS, aimed at reviewing processes and activities with the objective of improving efficiency of the Court. This year’s retreat is focusing on the Department of Research, Documentation and Communication. The deliberations are centered on repositioning of each of the divisions for effective service delivery.

In her welcome address, the President of the ECOWAS Court, Hon. Justice Awa NANA Daboya, thanked members of staff of the Court for their steadfast commitment to service delivery. She encouraged all to work together to achieve the common goal of the Institution and make the Court a Regional Court of repute

The Chief Registrar of the Court, Mr. Tony Anene-Maidoh, gave an overview of the objectives and expectations of the 5th Judicial Retreat. He stated the objectives of this retreat to include discussion on the role of the Research, Documentation and Communication; identification of the challenges faced by the Department; enumeration of strategies and plan of actions in line with international best practices as well as lessons learnt from other international or regional courts. Areas for collaboration between this Department, and other Departments, Divisions and Units of the Court will also be highlighted. Expected outcomes include adoption of a mechanism for effective collaborations, and clear and practical plan of action for efficiency of the Department.

The Honourable Judges at the Judicial Retreat include the President of the ECOWAS Court, Hon. Justice Awa NANA Daboya, the Dean of the Court, Hon. Justice Hansine Donli, Honourable Members of the Court – Hon. Justice Alfred Benin, Hon. Justice Clotilde Medegan Nougbode, and Hon. Justice Eliam Potey. Others present include the Chief Registrar, the Registrars, Legal and Administrative Officers, and other support staff.

For further information, visit the Community Court of Justice, ECOWAS website at www.courtecowas.org or contact the Information Officers using the contact details below:

IBA - Law firms to draw up first human rights policies by end of year

Aug 13, http://www.ibanet.org/Article/Detail.aspx?ArticleUid=68762A20-BF17-4F85-8C4F-81E3BBE88C16

Four magic circle law firms may have human rights policies in place by the end of the year, IBA Global Insight has learnt - making them the first law firms in the world to do so.

Clifford Chance, Herbert Smith Freehills (HSF), Linklaters and Freshfields Bruckhaus Deringer are all in the process of drawing up policies in line with the Guiding Principles on Business and Human Rights (the 'Principles'), proposed by then-UN Special Representative John Ruggie and endorsed by the UN Human Rights Council in June 2011.

WTO RESEARCH AND ANALYSIS: WORKING PAPERS - Mapping of Dispute Settlement Mechanisms in Regional Trade Agreements — Innovative or Variations on a Theme?

Jun 10, http://www.wto.org/english/res_e/reser_e/ersd201307_e.htm

Regional trade agreements (RTAs) have become an indelible feature of the international trading landscape. Most, if not all, RTAs contain provisions that establish procedures for resolving disputes among their signatory members.

Yet, the design and functioning of these dispute settlement mechanisms (DSMs) and, more specifically, how they differ from the WTO dispute settlement system remain relatively unexplored. Existing academic literature has primarily focused on the narrow issue of jurisdictional conflict between DSMs of RTAs and the WTO dispute settlement system. Literature mapping out and classifying systematically the DSMs of RTAs is more limited. This research paper goes beyond considering the issue of jurisdictional conflict between the multilateral and "regional" regimes. We map out the DSMs in RTAs that have been notified to the WTO and were in force at the end of 2012, and consider a typology of these DSMs based on their nature and design. We also use the data obtained from our mapping exercise in two ways. First, we identify trends and patterns of use, either regionally or by individual countries, of the different types of DSMs in RTAs. Trends are analysed in relation to five key factors: (i) evolution over time, (ii) level of economic development, (iii) regional characteristics, (iv) level of integration (partial scope agreement, free trade agreement or customs union), and (v) configuration (bilateral or plurilateral). Second, we undertake a "nuts and bolts" analysis of the DSMs of RTAs by examining their approach to various issues in international dispute settlement. Our aim is to draw conclusions about the extent to which the predominant type of DSM in RTAs has features that are different from those of the WTO dispute settlement system.

No: ERSD-2013-07

Authors:

Claude Chase, Alan Yanovich, Jo-Ann Crawford, and Pamela Ugaz, World Trade Organization

WTO, World Bank to develop services trade database

Aug 06, http://www.wto.org/english/news_e/news13_e/serv_05aug13_e.htm

The WTO and the World Bank have agreed to jointly develop and maintain a database on trade in services, an area that is becoming increasingly important and yet for which little information is publicly available. The joint database covers various sectors in more than 100 countries, such as financial, transportation, tourism, retail, telecommunications, and business services, including law and accounting.

PCA: Reappointment of the Members of the Arbitral Tribunal of the Bank for International Settlements (BIS)

Aug 09, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=376&pag_id=1261

The governments that are party to The Hague Agreement of January 12, 1930 have reappointed the members of the Arbitral Tribunal of the Bank for International Settlements (BIS) for a five-year period. The Tribunal is thus reconstituted as follows:

The Tribunal is referred to in various international treaties and related texts concerning the BIS. More information on the BIS is available at: http://www.bis.org/.

The International Bureau of the Permanent Court of Arbitration serves as registry to the Tribunal.

On September 19, 2003, the Tribunal rendered a Final Award at the Peace Palace in The Hague, determining the compensation to be paid for the shares that had been recalled by the Bank on January 8, 2001. More information on this arbitration is available here.

There are currently no pending cases before the Tribunal.

ITLOS: The M/V "Virginia G" Case (Panama/Guinea-Bissau) - Public Hearing to Be Held From 2 September 2013

Aug 20, http://www.itlos.org/fileadmin/itlos/documents/press_releases_english/PR_199_E.pdf

The public hearing in The M/V "Virginia G" Case will open on 2 September 2013 at 10 a.m. Judge Shunji Yanai, President of the Tribunal, will preside over the hearing.

The schedule of hearings is as follows:

First round of oral argument

Panama

Guinea-Bissau

Second round of oral argument

Panama

Guinea-Bissau

African Union Advisory Board on Corruption Anti-Corruption Youth Essay Competition: “How to make corruption unattractive in Africa” Deadline for submission 15th October 2013

Aug 8, http://www.african-court.org/en/images/documents/Competitions/TOR%27s%20ESSAY%20COMPETITION.pdf

Are you an African youth concerned about corruption on the continent? Have you or anyone close to you been a victim of corruption? Do you believe your future is in any way threatened by corrupt practices? Would you want your voice to be heard on the issue of corruption? And do you have a passion for writing?

Then you should seriously consider participating in this year's `Anti-Corruption Youth Essay Competition,' organized by the African Union Advisory Board on Corruption (AUABC). This is within the framework of festivities to mark the tenth anniversary of the African Union Convention on Preventing and Combating Corruption (AUCPCC) which include the annual International Anti-corruption week, which is a major item in the Regional Anticorruption Programme for Africa, developed by the UNECA, in collaboration with the AUABC.

The Regional Anti-corruption Program for Africa aims at up scaling the fight against corruption on the continent with a view to ensuring a corruption free, better governed and economically prosperous African continent.

As you are well aware, corruption negatively affects all segments and groups in society, particularly the youth, who constitute the majority in many African countries. This essay competition is therefore intended to serve two main purposes: to establish the level of awareness, among African youths of the manifestations and impact of corruption; and to provide a platform for African youths to present their perspectives on the causes, manifestations and impact of corruption and corrupt practices.

This year's theme is "How to make corruption unattractive in Africa" if you have a story or an experience to share relating to this theme, this is a wonderful opportunity for you to make your submission and let your voice count.

The authors of the best three essays will be flown to Arusha the AUABC host city for festivities to mark the tenth anniversary of the African Union Convention on Preventing and Combating Corruption (AUCPCC) which include the 2013 annual International Anti-corruption week, to directly take part in the festivities. More significantly, the five leading authors will participate in a final competition, during which they will make oral presentations (of their essays) to a panel of judges, who will select the three top winners who will then receive special awards from African dignitaries and officials in attendance.

Eligibility Criteria:

To submit an entry:

Email your essay with your name, age, university or training school, country of origin, and contact information (email address, telephone number) to: Emmanuel ATENGA (e-mail: atengae@auanticorruption.org). The deadline for submission is: 15th October 2013 - www.auanticorruption.org

Argentina challenges ICSID judges in the dispute with Repsol over YPF seizure

Aug 20, http://en.mercopress.com/2013/08/20/argentina-challenges-icsid-judges-in-the-dispute-with-repsol-over-ypf-seizure

Argentina formally challenged on July 29 the appointments of Judge Francisco Orrego Vicuña as mediator in Argentina’s dispute with Spanish oil firm Repsol and Claus von Wobeser as the head of the International Centre for Settlement of Investment Disputes (ICSID)’s arbitral tribunal that will pronounce a ruling in the case, it was revealed by Telam the official news agency.

Argentina YPF posts higher recurring profit, takes big charge [arbitration]

Aug 12, http://uk.reuters.com/article/2013/08/12/argentina-ypf-idUKL2N0GD08820130812

Australia-Singapore-China: MCC Ordered to pay A$80million into Escrow (arbitration)

Aug 08, http://www.capelam.com.au/IRM/Company/ShowPage.aspx/PDFs/2962-10000000/MCCOrderedtopayA80millionintoEscrow

Australian resources company Cape Lambert Resources Limited (ASX: CFE) (Cape Lambert or the Company) wishes to update shareholders in respect of its arbitration proceedings against MCC Australia Sanjin Mining Pty Ltd and its parent company Metallurgical Corporation of China Limited (collectively, MCC).

As previously announced, in September 2010 the Company commenced legal action in the Supreme Court of Western Australia (Court) against MCC to recover the final A$80 million payment from the sale of the Cape Lambert magnetite iron ore project in mid-2008 pursuant to an agreement between the parties (MCC Agreement). In accordance with the terms of the MCC Agreement, Cape Lambert received payments totaling A$320 million in 2008, with the final payment of A$80 million due in accordance with the terms of the MCC Agreement. Cape Lambert contends MCC are in breach of the MCC Agreement by failing to make the final payment.

In March 2013, the Court made orders referring the dispute to arbitration in Singapore and for the dispute between the Company and MCC China in respect to the payment of A$80million into an escrow account pending determination of the primary dispute (Escrow Dispute) be heard and determined by the arbitrator prior to the hearing of the substantive dispute between the Company and MCC Sanjin.

The Company has referred the dispute to arbitration in Singapore and in June 2013 a hearing was held by the Arbitrator to determine the Escrow Dispute. The Arbitrator has ordered that Metallurgical Corporation of China Limited (which has signed a guarantee in respect of MCC Australia Sanjin Mining Pty Ltd's obligations under the MCC Agreement) pay the disputed amount of A$80 million into an escrow account in the joint names of the Company and MCC within 21 business days of the order pending the determination of the substantive dispute.

Commenting on the matter, Cape Lambert Resources Executive Chairman, Mr. Tony Sage said, "While not an outcome of the substantive legal dispute, we believe the order from the Arbitrator is a significant victory to Cape Lambert and its shareholders."

"We are seeking A$80 million plus interest, so to have MCC ordered to deposit A$80 million into an externally controlled escrow account in Australia, pending the outcome of the legal action, is important and may see a resolution to this matter in a more expedited fashion."

"This deposit will secure recovery of any Final Award in this arbitration avoiding any delay or difficulties enforcing an award in China."

Austria: OMV in 'intensive' talks with Gazprom, Statoil over gas price revision

Aug 14, http://www.platts.com/latest-news/natural-gas/london/omv-in-intensive-talks-with-gazprom-statoil-over-26178856

Austria's OMV said Tuesday it is in "intensive" negotiations with its two major natural gas suppliers -- Russia's Gazprom and Norway's Statoil -- over possible price adjustments to its long-term gas import contracts.

Balintulo v. Daimler AG: US Court of Appeals judgment

Aug 21, http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71656?oid=400168&sn=Detail&pid=71616

21 August 2013 - Court dismisses lawsuit against corporations who operated in apartheid SA, on basis of recent Supreme Court ruling

The question presented is whether to issue a writ of mandamus to the United States District Court for the Southern District of New York (Shira A. Scheindlin, Judge) to resolve in the defendants' favor these proposed class-action suits brought under the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350, on behalf of those harmed by the decades-long South African legal regime known as "apartheid."

The plaintiffs seek damages for violations of customary international law committed by the South African government, allegedly aided and abetted by the South African subsidiary companies of the named corporate defendants-Daimler, Ford, and IBM. In short, the plaintiffs claim that these subsidiary companies sold cars and computers to the South African government, thus making the defendants, their parent companies, liable for the apartheid regime's innumerable race-based depredations and injustices, including rape, torture, and extrajudicial killings.

...

Bangladesh: ICSID Ruling A Positive Step for Niko

Aug 21, http://www.nikoresources.com/upload/news_release/281/01/0821-icsid-ruling-a-positive-step-for-niko.pdf

CALGARY, ALBERTA (Marketwired ­ August 21, 2013) ­ Niko Resources Ltd. ("Niko") (TSX ­ "NKO") is pleased to advise that on August 19, 2013, an international Tribunal constituted under the Rules of the International Centre for Settlement of Investment Disputes ("ICSID") issued a decision respecting its jurisdiction to decide two arbitration claims initiated by Niko Resources (Bangladesh) Ltd. ("NRBL") against the Government of Bangladesh and two of its crown corporations, Bangladesh Oil Gas & Mineral Corporation ("Petrobangla") and Bangladesh Petroleum Exploration & Production Company Limited ("Bapex").

In the arbitration respecting responsibility for and damages arising from the Chattak well blow-outs in 2005, the relief sought by NRBL includes a declaration that NRBL has no liability for any damages arising from the blow-outs and that it owes no compensation for such damage. The Tribunal stated that there can be "no doubt" that it has jurisdiction to determine whether NRBL has any liability for the two blow-outs under the Joint Venture Agreement between it and Bapex and to make the requested declaration if it is well founded. The Tribunal rejected Bapex's arguments that ICSID did not have jurisdiction to decide the issues. The Tribunal, however, did not find jurisdiction respecting Petrobangla or the Government, noting that they were not parties to the Joint Venture Agreement and that the Joint Venture Agreement expressly stated that the responsibilities and obligations of Petrobangla and the Government "in all relevant Articles, Annexes and Amendments under this JVA" have been assigned to Bapex.

The second arbitration initiated with respect to NRBL's claim for payments owing to it, and in part to Bapex, by Petrobangla for gas deliveries made under the Gas Purchase and Sale Agreement between those parties since 2004 will also proceed. The ICSID Tribunal rejected Petrobangla's arguments contesting jurisdiction and confirmed ICSID's jurisdiction to determine NRBL's claim against Petrobangla for payments owing to NRBL for delivered gas.

It is expected that the Tribunal will shortly give further directions respecting the process for the hearings on the merits in the two arbitrations. Niko is encouraged that the ICSID Tribunal will finally be able to determine the merits of these claims.

Bangladesh: Tengratila gas blowout: ICSID decision comes in favour of Petrobangla's claim

Aug 20, http://www.dhakatribune.com/environment/2013/aug/20/tengratila-gas-blowout-icsid-decision-comes-favour-petrobangla%E2%80%99s-claim

The International Arbitrary Tribunal Tuesday in its decision on Niko's lawsuit against the Petrobangla's compensation case paved the way for Bangladesh's claim to release $106m from Niko Resources Ltd for its two devastating blowouts at Chhatak gas field in 2005.

Document on TDM https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=9822

Belarus: Law on investment will promote better investment climate in Belarus - IFC

Aug 13, http://economy.gov.by/en/news/ifc-law-on-investment-will-promote-better-investment-climate-in-belarus_i_0000002454.html

MINSK, 6 August (BelTA) - The law on investment approved in Belarus will promote better investment climate in the country, Vyacheslav Zhuk, head of the International Finance Corporation (IFC) consultative program "Better business regulation and assistance in investment generation in the Republic of Belarus", told a briefing held on 6 August to discuss the law.

The IFC took an active part in the preparation of the document. "Experts made the use of the best international practices," Vyacheslav Zhuk noted. In his words, unlike the present Code the law is more compact.

"It is a step forward in improving the investment climate in Belarus. We hope the law will promote investment in the country's economy," the IFC representative said.

Speaking about the new law which is to take effect on 24 January 2014, head of the main department on investments under the Economy Ministry Sergei Vaitekhovsky noted: "Investment activities involve all areas of the financial and economic activity of the investor. That is why the law is focused not on thorough regulation of the investment activity (there is no need in it as there are banking, tax, economic, civil and other codes which are efficient enough) but on strengthening the basic legal framework for investment activity and on securing guarantees, rights and legal interests of investors, their legal protection."

According to Sergei Vaitekhovsky, the law describes legal principles of conducting investment activities: inadmissibility of arbitrary interference, equality of investors in investment activities, supremacy of the law as well as the protection of infringed rights.

"The law lists exceptions from the regulation sphere, defines and expands the list of investments. We have left this list open," the representative added.

Another peculiarity of the law on investment is a norm, under which the investor is not limited with the ways of conducting investment activities and types of financing resources. The law does not place restrictions on the volume of investments and forms of business ownership, regulations for setting up the authorized fund, liquidation as well as control over the activity of a commercial organization with foreign investments.

The new law details and expands the rights of investors. For instance, an unhindered transfer of profits from investment activities as well as of other compulsory payments prescribed by the law is envisaged for foreign investors. Investors also have the right to receive land plots (for use, lease, property) in accordance with the Belarusian laws on the protection and the use of lands.

According to Sergei Vaitekhovsky, under the law, investors will be able to protect their rights in national courts as well as in international arbitral bodies, foreign investors - in the International Center for Settlement of Investment Disputes. The present Code does not have such norms.

"With this the law does not regulate the issues related to state financing and state support for investment projects, excludes the direct participation of the state in investment activities," he added.

According to Sergei Vaitekhovsky, all the abovementioned norms of the law will promote better investment climate in Belarus. In his words, "in H1 2013 net FDI already exceeded $1.5 billion, with the annual target of $2 billion."

Belarus: The government promised investors a separate law for each nationalization case

Aug 13, http://belarusinfocus.info/p/5994

On August 6th, the Economy Ministry explained the main provisions of the new law "On Investments", which will take effect on January 24th, 2014.

Bengal govt rejects RIL's open bids plea in Haldia stake sale

Aug 15, http://www.business-standard.com/article/companies/bengal-govt-rejects-ril-s-open-bids-plea-in-haldia-stake-sale-113081400227_1.html

Mukesh Ambani-led Reliance Industries Ltd's (RIL) plea for an open auction for Haldia Petrochemicals' stake sale has been rejected by the West Bengal government.

BP Is Now Also Litigation Inc.

Aug 19, http://www.benzinga.com/news/13/08/3845072/bp-is-now-also-litigation-inc

Another is BP. BP produces oil, gas and related products. It also produces litigation and, like Apple, has become very good at it. Bloomberg Businessweek quoted company senior officials who said a substantial part of the corporation now operates as a law firm. The company blames the need to spend so much time in court fighting almost endless regulatory battles on the 2010 Deepwater Horizon oil spill in the Gulf of Mexico.

Brazil: Lily Safra Unauthorized Biography Blocked In Brazil, But Author Tells Forbes She Stands By Her Research

Aug 15, http://www.forbes.com/sites/andersonantunes/2013/08/15/lily-safra-unauthorized-biography-blocked-in-brazil-but-author-tells-forbes-she-stands-by-her-research/

After spending five years in Brazil as a foreign correspondent and pulling together the research to pen a biography about Lily Safra, notably one of the world's richest and most intriguing socialites, biographer Isabel Vincent, an investigative journalist who writes for the New York Post, is now taking the heat for entering unfriendly territory.

...

According to O Estado de S. Paulo newspaper, Safra received just under half the payment in cash and the rest in CBD shares, but the billionaire has claimed last year to have received fewer shares than she considered fair. Safra has since opened an arbitration case at the International Chamber of Commerce against CBD via her investment vehicle, Morzan Empreendimentos, and she is seeking an additional payment of R$ 200 million ($85 million) from the sale.

Canada: Hupacasath First Nation rallies in Ottawa against China-Canada FIPA deal

Aug 13, http://www.vancouverobserver.com/environment/hupacasath-first-nation-rallies-ottawa-against-china-canada-fipa-deal

BC's Hupacasath First Nation protested in Ottawa on Sunday to rally public support for its legal challenge against the ratification of FIPA, a controversial China-Canada investment deal.

Canada: Nordion Reaches Settlement with AECL to Resolve MAPLE Lawsuits and Arbitration Costs

Aug 21, http://news.nordion.com/phoenix.zhtml?c=68761&p=irol-newsarticle&ID=1848627

OTTAWA, Ontario--(BUSINESS WIRE)--Aug. 20, 2013-- Nordion Inc. announced today that Nordion and Atomic Energy of Canada Limited ("AECL") have entered into a comprehensive settlement agreement to resolve the outstanding claims between both parties related to the MAPLE facilities. Nordion has also announced that, effective immediately, the parties have entered into an amended and restated isotope supply agreement and a waste management services agreement.

"This resolution provides greater clarity for Nordion and removes the uncertainty and liability around these matters," said Steve West, Chief Executive Officer, Nordion Inc. "Nordion is now better positioned to focus on the needs and priorities of our business, including our important relationship with AECL, with a continued view to enhancing shareholder value and creating new opportunities for the company and our customers."

Under the terms of the settlement agreement, Nordion will receive CAD$15 million in cash from AECL, and AECL has released its claim against Nordion of approximately CAD$47 million for arbitration costs. Nordion has correspondingly withdrawn its MAPLE-related lawsuit against AECL in relation to the Isotope Production Facilities Agreement ("IPFA") and the parties have released each other from claims relating to the IPFA and related litigation. The release of claims includes Nordion's claim for damages against AECL under the IPFA of approximately CAD$244 million and AECL's IPFA counterclaim for damages against Nordion of CAD$80 million.

The amended and restated isotope supply agreement is a non-exclusive agreement for medical isotope supply by AECL to Nordion, which has a term ending October 31, 2016. The supply agreement may also be terminated upon, among other things, Nordion establishing a satisfactory alternative supply of isotopes, the permanent shutdown of AECL's isotope production facilities, Nordion's failure to meet a minimum purchase quantity and any force majeure that continues for a period of more than two years. The primary cost of supply of medical isotopes will continue to be determined based on a revenue share methodology. Starting in 2014, the percentage of revenue share that AECL receives each year will increase throughout the term of the supply agreement contributing to a mid single-digit decrease in Nordion's Medical Isotopes gross margin percentage over the course of the contract. In addition, Nordion has entered into an agreement to continue waste disposal services from AECL until October 31, 2026.

Canada: PAFSO says Tony Clement showed bad faith in foreign service officers dispute

Aug 22, http://www.ottawacitizen.com/business/PAFSO+says+Tony+Clement+showed+faith+foreign+service/8817430/story.html

Treasury Board President Tony Clement's response to a proposal to settle a bitter contract dispute with foreign services officers through binding arbitration amounts to bad-faith bargaining, a union lawyer argued Wednesday.

Canada: Provincial politicians promise relief from costly arbitration decisions

Aug 20, http://www.ottawacitizen.com/news/Wynne+address+municipal+leaders+conference+Ottawa/8806009/story.html

OTTAWA — The leaders of the top three political parties in Ontario have all promised to end the “broken” arbitration process between municipalities and emergency service workers.

CommonWealth REIT Comments on Arbitration Panel Rulings

Aug 08, http://www.businesswire.com/news/home/20130808005405/en/CommonWealth-REIT-Comments-Arbitration-Panel-Rulings

CommonWealth REIT (NYSE: CWH) today announced that the Arbitration Panel considering various motions by Corvex Management LP ("Corvex") and Related Fund Management, LLC ("Related" and together with Corvex, "Corvex/Related") has issued an order on motions by Corvex/Related to remove CWH's trustees without cause. The motions by Corvex/Related raised several legal issues which were addressed by the order, as follows:

“pending further order of the Panel or valid action of CWH.”

Corvex/Related sought an order that its purported consent solicitation was proper and that CWH should convene a special meeting of shareholders to elect new trustees. The Arbitration Panel denied these motions and set an evidentiary hearing for further consideration of all matters in the disputes between Corvex/Related and CWH to begin on October 7, 2013.

CWH's bylaws provide that the combination of shareholders who may request a record date for a consent solicitation to remove trustees must have held at least three percent (3%) of CWH's common shares for at least three years. Corvex/Related first acquired shares of CWH in January 2013 and requested a record date for a consent solicitation in April 2013. The Arbitration Panel held that "some holding period and some minimum threshold ownership level singularly or in combination can be set in the bylaws as a condition to a shareholder or shareholders obtaining a record date for a consent solicitation . . . [and] that there is no evidence that the Trustees of [CWH] were not acting in good faith in adopting the 3+3 bylaws." Nonetheless, the Arbitration Panel found that "the Trustees may not adopt either a minimum ownership threshold or a minimum holding period . . . [which are] unreasonably difficult to achieve . . . [and] that the 3+3 bylaws exceed this standard." Accordingly, the Arbitration Panel found that the CWH previous bylaws which required a $2,000 stock ownership threshold for a period of at least one year remain in effect "pending further order of the Panel or valid action of CWH."

CWH made the following statement regarding the Arbitration Panel's rulings:

"CommonWealth has previously asserted that the purported consent solicitation undertaken by Corvex/Related has no legal effect and believes the rulings by the Arbitration Panel confirm this understanding. We look forward to continuing through the arbitration process and to a full hearing on these matters. We are confident that when all of the evidence is presented to the Arbitration Panel, the invalidity of the Corvex/Related consent solicitation will be established."

CommonWealth REIT is a real estate investment trust which primarily owns office properties located throughout the United States. CWH is headquartered in Newton, MA.

Economic ministers agree to establish Asean+6 FTA by 2015

Aug 23, http://www.nationmultimedia.com/business/Economic-ministers-agree-to-establish-Asean+6-FTA--30213274.html

The 16 economic ministers of Asean+6 have agreed to finalise the Regional Comprehensive Economic Partnership by 2015, when the Asean Economic Community takes full effect.

Ecuador: Gobierno abre un frente contra Chevron

Aug 08, http://www.elcomercio.com/negocios/Gobierno-arbitrajes-Chevron-Amazonia-petroleo-derrame_0_968303244.html

El Gobierno ecuatoriano acusó a la empresa petrolera estadounidense Chevron de desatar una campaña en contra el país ante Estados Unidos. Durante el enlace radial, llevado a cabo ayer desde La Maná, en Cotopaxi, acusó a la compañía petrolera de gastar USD 400 millones en una campaña para desprestigiar al Ecuador con el trabajo de un contigente de 900 abogados.

Este contenido ha sido publicado originalmente por Diario EL COMERCIO en la siguiente dirección: http://www.elcomercio.com/negocios/Gobierno-arbitrajes-Chevron-Amazonia-petroleo-derrame_0_968303244.html. Si está pensando en hacer uso del mismo, por favor, cite la fuente y haga un enlace hacia la nota original de donde usted ha tomado este contenido. ElComercio.com

Egypt: EFC Announces Preliminary Amendment to Existing Natural Gas Supply Agreement with GASCO

Aug 07, http://www.ocinv.nl/news/2013/08/07/EFC-preliminary-amendment-gas-supply/

OCI N.V.’s subsidiary Egyptian Fertilizer Company (EFC) announced today that it has reached a preliminary agreement on the amendment to its existing natural gas supply agreement with the Egyptian Natural Gas Company (GASCO). The amendment comes after months of negotiations and serves as a crucial milestone in ensuring a reliable natural gas supply to the plant moving forward.

In June 2011, Egyptian Natural Gas Holding Company (EGAS) and GASCO commenced arbitral proceedings under the auspices of the Cairo Regional Centre for International Commercial Arbitration (CRCICA) against EFC regarding EFC’s long term natural gas supply agreement disputing its commercial terms. On 16 May 2013, the international arbitral tribunal, constituted in accordance with the applicable CRCICA arbitration rules, rendered its award in favour of EFC and concluded that the terms of the agreement; specifically the contractually agreed upon natural gas price and volume of supply are valid, legally binding, and apply to the exclusion of any contrary pricing decrees. Notwithstanding the final arbitral award, OCI N.V.’s management recognized that it was in the best interest of both parties to reach an amicable settlement on the basis of new mutually-agreed-upon commercial terms in the form of an amendment to the gas supply agreement.

The new amendment, which incorporates an increased revenue sharing mechanism between GASCO as supplier and EFC as buyer and producer of urea, defines a natural gas pricing formula that is contingent upon a definite volume of gas supply to the plant as well as the weighted-average selling price (WAP) of urea. The formula generates, in case of supply of above 55% and up to 110% of the agreed upon volume of natural gas, a gradual increase in the price of natural gas linked to WAPs of urea, which can reach up to a natural gas supply cost of US$ 6.6 per mmbtu.

The terms of the new amendment will be applied retroactively starting July 1, 2013 and the date of the formal signature of the agreement will be set once all final approvals from the competent authorities have been received.

OCI N.V has reached similar revised terms of preliminary agreement for Egypt Basic Industries Corporation (EBIC) and will announce them in due course.

EU confirms no block-to-individual Mercosur member trade negotiation has been requested

Aug 12, http://en.mercopress.com/2013/08/12/eu-confirms-no-block-to-individual-mercosur-member-trade-negotiation-has-been-requested

"The EU is committed to conclude an ambitious, wide ranging and balanced agreement with Mercosur" said John Clancy, spokesperson for EU Trade Commissioner when asked about a possible splitting of negotiations as had been suggested by the Brazilian Foreign minister Antonio Patriota in an interview with the Financial Times.

Exciting New Mentoring Program for Junior ADR Scholars

Aug 12, http://www.indisputably.org/?p=4892

From Friend of Indisputably, Richard Reuben (the University of Missouri-Columbia):

The AALS Dispute Resolution Section this fall is starting a new a mentoring program for junior ADR scholars, and I want to invite you to participate as either a senior or junior scholar.

This program will of course offer mentoring on scholarship, opening the door for junior scholars to be able to tap into the experience, wisdom, and generosity of established scholars with substantive expertise that is especially relevant to their research. However, it will also offer other important mentoring services, including casebook consultation, syllabus review, ongoing coaching advice as junior scholars go through their courses for the first time, help getting visibility at conferences and other professional events appropriate to their scholarly and service interests, advice on what to do and not to do during the tenure and promotion process, and other unique services that individual junior faculty need to the extent that we can offer them.

As many of you know, senior scholars in this field have a long tradition of mentoring junior scholars informally on an individual basis. The reason for formalizing this process now is to make mentoring services available to those who have not been able to plug into an appropriate informal network, facilitate the possibility of particularly suitable mentoring relationships, uplift the level of junior scholarship, provide immediate mentoring resources for schools without other ADR colleagues for junior faculty to turn to, and provide a resource for law school tenure and promotion committees to turn to for possible outside reviewers.

For now, as we get started, I will serve as the point person for both junior and senior scholars. Senior scholars can simply let me know of your willingness to help, and I will send you a link to a Google Doc on which you can insert your name, contact information, and preferences. Junior scholars can participate by sending me an email letting me know of your interest, and setting up a time to talk for a few minutes so I can get a better sense of who might be most appropriate to direct you to for the particular needs you have. My email address is ReubenR@missouri.edu. Note that the availability of any particular senior scholar will inevitably vary, and senior scholars can always decline a specific invitation to mentor for any reason.

I am excited about the potential for the program to enhance the professional experience of all participants, junior and senior, and I look forward to working with you on it as moves forwards. Naturally questions and comments are always welcome and for now should be directed to me.

Faroe Islands: Prime Minister of the Faroes: The EU is ignoring its international obligations

Aug 20, http://www.mfa.fo/Default.aspx?ID=13626&Action=1&NewsId=5268&PID=23631

The Government of the Faroes condemns today´s adoption by the EU of coercive economic measures against the Faroe Islands.

Faroe Islands: The Faroe Islands takes the EU to international tribunal over intended economic measures

Aug 18, http://www.mfa.fo/Default.aspx?ID=13626&Action=1&NewsId=5264&PID=23631

The Faroe Islands have today referred the use of threats of coercive economic measures by the European Union, in relation to the Atlanto-Scandian herring, to an arbitral tribunal under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS).

Global Witness: New evidence ties BSGR to company behind Guinea mine bribery

Aug 15, http://www.globalwitness.org/library/new-evidence-ties-bsgr-company-behind-guinea-mine-bribery

A director of Beny Steinmetz Group Resources set up a company that signed corrupt deals with the wife of an African president in a multi-billion-dollar mine scandal, Global Witness has learned.

...

Full briefing: http://www.globalwitness.org/sites/default/files/New%20evidence%20ties%20BSGR%20to%20company%20behind%20Guinea%20mine%20bribery_2.pdf

Guatemala asks Peru to reduce sugar tariffs, launch FTA

Aug 26, http://www.peruthisweek.com/news-guatemala-asks-peru-to-reduce-sugar-tariffs-launch-fta-100715

The Central American nation of Guatemala has not exported sugar to Peru since June of last year due to an increase of tariffs implemented by the Andean country over the past year, El Comercio reported.

India: Delhi NGO moves Supreme Court seeking cancellation of government-RIL pact for KG-D6 gas fields

Aug 15, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/delhi-ngo-moves-supreme-court-seeking-cancellation-of-government-ril-pact-for-kg-d6-gas-fields/articleshow/21835788.cms

NEW DELHI: A Delhi-based non-government organisation along with some former bureaucrats and defence officers have moved the Supreme Court seeking cancellation of the production-sharing contract between the government and Reliance Industries for the KG-D6 gas fields, saying the company has been "squatting on potential gas-bearing assets" and "holding the nation to ransom through engineered gas shortages".

India: HPL price bid soon

Aug 07, http://www.telegraphindia.com/1130807/jsp/business/story_17203843.jsp

HPL’s existing private promoter, The Chatterjee Group (TCG), is vigorously pursuing several cases both in Calcutta High Court and the Supreme Court. TCG chief Purnendu Chatterjee has staked claims to the government shares seeking arbitration on the matter in the International Chamber of Commerce, Paris, as well.

India: Karanjawala & Co. pulls off first LCIA arbitration in India; Resolve Hiranandani’s intra-family dispute

Aug 09, http://www.barandbench.com/comment/43191

In the first successfully concluded London Court of International Arbitration proceedings in India, Karanjawala & Co and Pepper Hamilton LLP have resolved the multi-million dollar Hiranandani dispute. The team from Karanjawala & Co consisted of Raian Karanjawala, Manik Karanjawala, Ruby Singh Ahuja, Ruchira Gupta Jatin Mongia and was led by Senior Advocate Abhishek Manu Singhvi. The Pepper Hamilton team, included Partners Matthew Adler and Jeremy Heep, and Associates Lydia Furst and William Taylor

India: LCIA yet to bag 10th case as high-powered Hiranandani arbitration resolved with Cherie Blair, AP Shah, Lucy Reed

Aug 08, http://www.legallyindia.com/201308083898/Litigation/3-year-old-lcia-still-to-get-its-10th-dispute-resolves-hiranandani-feud-with-karanjawala-pepper-hamilton

The London Court of International Arbitration’s (LCIA) Indian subsidiary resolved real estate giant Hiranandani Group’s family business dispute yesterday with an award in favour of Priya Hiranandani Vandrevala, after over two-and-a-half years of arbitration.

India: Oil regulator DGH recommends an additional penalty of $792 million on RIL

Aug 07, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/oil-regulator-dgh-recommends-an-additional-penalty-of-792-million-on-ril/articleshow/21675841.cms

The Directorate General of Hydrocarbons (DGH) last month recommended to the Oil Ministry that $ 792 million of the cost RIL has incurred in KG-D6 fields be disallowed for producing only an average of 26.07 million cubic meters per day of gas as against the target of 86.73 mmcmd in 2012-13.

India: Overseas arbitral awards: HC clears uncertainty

Aug 08, http://timesofindia.indiatimes.com/city/mumbai/Overseas-arbitral-awards-HC-clears-uncertainty/articleshow/21692022.cms

MUMBAI: The Bombay HC on Wednesday held that parties to an international commercial agreement governed by a foreign law cannot challenge in an Indian court an award passed by an overseas arbitral tribunal. The judgment, passed by a bench headed by Justice D Y Chandrachud, holds significance for the international business community and sets to rest uncertainty that has prevailed since last year.

The matter before the HC pertained to an international contract that was subject to English law and was governed by the rule of Refined Sugar Association in London. The seat of the arbitration was London. Senior counsel Aspi Chinoy, who represented the Indian party, argued that when parties were silent on the choice of law that would govern an arbitration agreement then the Indian Arbitration law is not excluded.

...

India: Reliance Industries seeks Supreme Court help for appointment of presiding arbitrator

Aug 09, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/reliance-industries-seeks-supreme-court-help-for-appointment-of-presiding-arbitrator/articleshow/21718328.cms

NEW DELHI: Reliance Industries has approached the Supreme Court, seeking an order to appoint the presiding arbitrator for its dispute with the oil ministry over reimbursement of full cost of developing its KG-D6 gas field.

Indonesia: GEM Investment in PT. Agis Tbk. Threatened by Court Dispute

Aug 22, http://www.marketwatch.com/story/gem-investment-in-pt-agis-tbk-threatened-by-court-dispute-2013-08-22

JAKARTA, Indonesia, Aug 22, 2013 (BUSINESS WIRE) -- An IDR 200 billion investment agreement made by Global Emerging Markets ("GEM") with publicly listed electronics company PT. Agis Tbk. in 2010 is now under dispute in a local Jakarta court, despite the fact that the agreement calls for dispute resolution under the Rules of the ICC International Court of Arbitration.

Under the signed Investment Agreement, GEM committed to subscribe for new shares in PT. Agis Tbk. up to an aggregate subscription value of IDR 200 billion. The 3-year firm commitment agreed by the parties was under a structure whereby PT. Agis Tbk. had sole control over the amount (based on a median market price) and timing of any investment, through its issuance of a series of draw down notices. On September 29, 2010 Pt. Agis Tbk. announced to the market that it had successfully executed its first Draw Down pursuant to the Investment Agreement. In addition, as part of the investment agreement, PT. Agis Tbk. was legally bound to issue 1 billion warrants to GEM, which would have meant an additional IDR 125 billion in funding for PT. Agis Tbk., if and when the warrants were exercised. It is the failure of PT. Agis Tbk. to issue these warrants, which is one of PT. Agis Tbk.' obligations under the mutually signed investment agreement, which is currently under dispute.

Warren P Baker III, Managing Director at GEM, said: "GEM is still keen to invest in and work with PT. Agis Tbk. moving forward; however, this relationship is under threat given the arbitrary nature of the dispute that has been brought against GEM in an Indonesian district court. The Investment Agreement clearly spells out that any disputes would obligatorily be settled by arbitration under the Rules of the ICC International Court of Arbitration. PT. Agis Tbk. is now trying to circumvent the ICC arbitration process by moving to a civil action in Jakarta under the Indonesian Civil Code. Furthermore, if PT. Agis Tbk.' actions go unchecked, it may discourage other foreign investors in the Indonesian market, showing that Indonesian companies can ignore their signed agreements and embroil investors in time-consuming proceedings on the basis of false claims."

International commentary has been critical of disputes such as these for hampering Indonesia's ability to capitalize on its investment-grade credit rating in the private sector. Critics say access to new capital for local businesses is limited when foreign investors sense that, if commercial disagreements arise, they may be subject to protracted litigation in the domestic courts, even though they and their Indonesian counterparties have agreed to resolve all disputes in a neutral forum of their choice.

Foreign Direct Investment in Indonesia has seen significant growth in recent years, hitting record levels in the first half of this year. In the second quarter of 2013 alone, investment into Indonesia totaled US$6.5 billion, representing a nearly 20% increase over the same period in the previous year. In order to achieve this growth, Indonesia has signed 65 Bilateral Investment Treaties. These treaties are intended to provide foreign parties with comfort that their investments will be adequately protected.

Mr. Baker continued: "This is an important time for foreign investment in Indonesia, as the world is watching to see if the country and its government continue to be supportive of these international partnerships. While disagreements are bound to arise, this dispute should be easily resolved under the terms of the original agreement, which clearly calls for disputes to be referred to arbitration under the auspices of the ICC International Court of Arbitration. It would be a shame if this incident were to have a negative impact on the ability of other local companies to attract and secure foreign investment."

Indonesia: Intrepid heading for arbitration on mining dispute

Aug 21, http://www.thejakartapost.com/news/2013/08/21/intrepid-heading-arbitration-mining-dispute.html

Australian Intrepid Mines Ltd, which is in dispute with an Indonesian company over a gold mining concession in East Java, is planning to take the battle to an arbitration panel in Singapore, an executive said on Tuesday.

Iran says working with India to resolve dispute over tanker

Aug 17, http://www.iranoilgas.com/news/details2/?type=news&p=current&newsID=11644&restrict=no

WSJ - Iran said Friday Tehran and New Delhi are trying to resolve a dispute over an Indian oil tanker that Iranian naval authorities detained this week alleging that the vessel was polluting Iranian waters.

Japan: Mitsubishi Tanabe succeeds in arbitration

Aug 8, http://www.mt-pharma.co.jp/e/release/nr/2013/pdf/e_MTPC130808.pdf

Notice Regarding Arbitration Award in Dispute with Janssen Biotech, Inc.

Osaka, Japan, August 8, 2013---Mitsubishi Tanabe Pharma Corporation (Head Office: Chuo-ku, Osaka, President and Representative Director: Michihiro Tsuchiya) announces that the Company has received an arbitration decision from the International Chamber of Commerce (ICC) in a dispute with Janssen Biotech, Inc. (formerly Centocor Ortho Biotech Inc., Head Office: Pennsylvania, U.S.). The dispute involved the supply price for Remicade 100mg IV Solution (generic name: infliximab), an anti-TNF monoclonal antibody sold by the Company in Japan. In January 2009, the Company submitted the request for arbitration to the ICC requesting a revision in the supply price in accordance with the development and distribution agreement, and the arbitration decision awarded a reduction in the supply price.

Consequently, approximately $117 million was reimbursed to the Company as the overpayment attributable to previous years (from April 2008 to March 2013).

Remicade, a treatment agent for rheumatoid arthritis (RA) and other diseases, was discovered by Janssen Biotech. In 1993, the Company concluded the development and distribution agreement under which Mitsubishi Tanabe develops and sell Remicade in Japan and certain parts of Asia. In 2002, Remicade was launched in Japan as a treatment agent for Crohn's disease.

The Company is scrutinizing the impact that the arbitration decision will have on the Company's consolidated results forecast.

Joint Media Statement of USTR and the ASEAN Economic Ministers - Bandar Seri Begawan, Brunei Darussalam

Aug 22, http://www.ustr.gov/about-us/press-office/press-releases/2013/august/aem-ustr-joint-statement

Consultations between the ASEAN Economic Ministers (AEM) and the United States Trade Representative ("the Ministers") were held on 21 August 2013 in Bandar Seri Begawan, Brunei Darussalam. The Consultations were co-chaired by The Hon. Pehin Dato Lim Jock Seng, Second Minister of Foreign Affairs and Trade, Brunei Darussalam and H.E. Michael Froman, United States Trade Representative.

JPMorgan Hit By U.S. Bribery Probe Into Chinese Hiring: Report

Aug 18, http://www.huffingtonpost.com/2013/08/18/jpmorgan-bribery-china_n_3775560.html

Reuters - U.S. authorities have opened an investigation into whether JPMorgan Chase & Co hired the children of powerful Chinese officials to help it win business in China, according to the New York Times.

Kenya: Cortec plans to sue over kwale licence cancelling

Aug 08, http://www.the-star.co.ke/news/article-131272/cortec-plans-sue-over-kwale-licence-cancelling

A mining firm that recently announced huge deposits of expensive minerals in Kwale plans court action after Cabinet Secretary Najib Balala suspended its licence. Cortec Kenya is among the 30 mining companies whose licenses were suspended and will be investigated by a task-force led by Mohamed Nyaoga within 60 days. The company's Kenyan director Jacob Juma said yesterday if their case is not resolved locally they would move to the International Chamber of Commerce in France.

Macau: Heritage law passed, consultative committee raises doubts

Aug 14, http://www.macaudailytimes.com.mo/macau/46160-heritage-law-passed-consultative-committee-raises-doubts.html

The Cultural Heritage Protection bill was granted approval by the Legislative Assembly (AL) during yesterday's plenary meeting. But fierce discussions arose regarding the foundation of the Cultural Heritage Committee - intended to be a government advisory body. As it will be created through Administrative Regulation, lawmakers wanted to know more about its composition and even questioned its effectiveness. The Secretary for Social Affairs and Culture, Cheong U, assured lawmakers that the Council will be comprised of members from different sectors of society.

Malaysia A Destination Of Choice For Arbitration

Aug 22, http://www.bernama.com/bernama/v7/ge/newsgeneral.php?id=972026

Bernama -- A remarkable growth of arbitration-related applications is reflecting a rise in the use of arbitration in Malaysia, says Malaysia's Chief Justice, Tun Arifin Zakaria. He said the Kuala Lumpur Regional Centre for Arbitration (KLRCA) has seen a steady increase of arbitration cases since 2012. "From 2008 to 2011, a total of 166 arbitration files were referred to KLRCA, with the figure recorded at 204 from 2012 to present," he said during his keynote address at the International Arbitration Conference 2013, here Thursday.

Malaysia: Arbitration an option for Malakoff dispute - TNB chief

Aug 20, http://www.thestar.com.my/Business/Business-News/2013/08/20/TNB-chief-Arbitration-an-option-for-Malakoff.aspx

KUALA LUMPUR: Malakoff Corp Bhd could settle its dispute with Tenaga Nasional Bhd (TNB) on capacity payments through arbitration if the former disagrees that TNB is not required to pay the full capacity payments.

Malaysia: Bribery case of chartered arbitrator transferred to KL Sessions Court

Aug 13, http://www.nst.com.my/latest/bribery-case-of-chartered-arbitrator-transferred-to-kl-sessions-court-1.337000

GEORGE TOWN: A RM6 million bribery case involving a chartered arbitrator has been transferred from the Sessions Court here to Kuala Lumpur.

Malaysia: Regional Comprehensive Economic Partnership (RCEP) Is Not A Bloc To Compete With TPP, Says Mustapa

Aug 22, http://www.bernama.com.my/bernama/v7/bu/newsbusiness.php?id=971350

Bernama -- The Regional Comprehensive Economic Partnership (RCEP) is not a bloc to compete with the ongoing negotiations of the Trans-Pacific Partnership Agreement (TPP), International Trade and Industry Minister Datuk Seri Mustapa Mohamed said today.

Maldives: Mutiny in the Supreme Court - Comment & Opinion

Aug 17, http://minivannews.com/politics/comment-mutiny-in-the-supreme-court-62581

In a statement issued on Thursday, the Chief Justice declared an injunction order issued by the “Supreme Court majority” of four judges on Thursday to be unlawful, issued without due process by the secret collusion of four members of the seven member bench, without the knowledge of himself and two other justices.

Mali: Randgold seeks arbitration in Mali tax dispute

Aug 15, http://www.iol.co.za/business/companies/randgold-seeks-arbitration-in-mali-tax-dispute-1.1562366

Bamako - Africa-focused gold miner Randgold Resources is seeking international arbitration in a dispute over 23 billion CFA francs ($46.5 million) in taxes which Mali says the company owes the West African state, a company executive told Reuters.

Mali: Randgold sees prosperous future ahead with Mali

Aug 1, http://www.randgoldresources.com/randgold/content/en/randgold/randgold-news?oid=86750&sn=Detail&pid=27138

Bamako, Mali, 1 August 2013 - Randgold Resources and Mali are strongly positioned to deal with the downturn in the gold price which has plunged much of the gold mining industry into crisis, chief executive Mark Bristow said today.

Mongolia plans emergency parliament session on investment law

Aug 19, http://www.bne.eu/storyf5288/Mongolia_plans_emergency_parliament_session_on_investment_law

Mongolia is to recall parliament for an emergency session on September 2-6 to pass new legislation on foreign investment, in an attempt to reassure international investors after foreign direct investment (FDI) fell dramatically in the first half of 2013.

New World Bank Group Office Building Opens in Ghana to Deliver More Integrated, Efficient Services to Clients

Aug 13, http://www.worldbank.org/en/news/feature/2013/08/13/new-world-bank-group-office-building-opens-in-ghana-to-deliver-more-integrated-efficient-services-to-clients

ACCRA, August 13, 2013 -- A new office building for the World Bank Group in Ghana would normally not be news, but this is no ordinary office move. Co-locating the Ghana teams of the International Development Association (IDA) -- the World Bank's fund for the world's poorest nations -- and the International Finance Corporation (IFC) -- the Bank's private sector arm -- in the same building is the external display of changes currently underway within the institution.

Being in the same building ends decades of minimal daily contact between IDA and IFC staff, and boosts daily interaction as they maintain and render more effective all the services they offer to Ghana and a regional clientele beyond Ghana's borders.

"I see the new building as a partial materialization of the Bank's commitment to work as one institution and as a strong statement of dedication to our partnership with Ghana," said Yusupha Crookes, World Bank Country Director for Ghana, Sierra Leone, Liberia and Guinea. "The transparent glass exterior should be seen as our invitation to our client governments and the general public to expect not only more efficient, one-stop service, but also to expect a more open, frank and accountable World Bank Group."

Located on the Independence Avenue in the Ridge suburb of Accra, the new building itself, to a large extent, embodies the spirit of independence. From its green roofing, energy saving construction, rain harvesting and emphasis on natural lighting to cultural and disability friendliness, the building makes a statement on new standards in the conceptualization of building spaces, eco-friendly and energy-saving technology in Ghana. A huge Nim Tree was left standing in the middle of the estate, with the four-story edifice built around it.

In support of openness and accountability and consistent with the World Bank's Access to Information Policy, a revamped joint World Bank Group Knowledge Space is open to the general public in the new building, where all public documents such as Project Appraisal Reports, Environmental and Social Impact Assessment Reports, Implementation Status Reports, research materials and other analytical works and publications can be accessed free of charge. The Knowledge Space will also serve as a foyer for promoting cultural activities and dialogue with stakeholders including government, private sector, women groups, the youth, civil society organizations, community-based organizations, faith-based organizations, academia, Parliament, media and creative arts.

Since joining the World Bank Group in September 1957, Ghana has benefited from close to US$10 billion in funding (about US$8 billion in grants and interest-free credits to the government, mostly from IDA, and about US$2 billion to the private sector, predominantly from IFC), in support of a wide range of programs, projects and investments.

No Iran-Russia deal on replacing S-300: Russian official

Aug 14, http://www.presstv.ir/detail/2013/08/14/318619/no-iranrussia-deal-on-replacing-s300/

The head of Russia's state arms export company Rosoboronexport says there is no deal between Tehran and Moscow over a replacement for the S-300 missile defense systems, which Russia is mandated to deliver to Iran under a contract.

Offshore centres race to seal Africa investment tax deals

Aug 20, http://www.ft.com/intl/cms/s/0/64368e44-08c8-11e3-ad07-00144feabdc0.html

The surge in foreign investment in Africa has triggered a race among offshore financial centres to sign deals to reduce the tax bills of overseas companies and protect their investment on the continent, with Mauritius, Singapore and Luxembourg rushing to secure agreements.

Oman: GCC Commercial Arbitration conference begins

Aug 19, http://www.timesofoman.com/News/Article-21124.aspx

Salalah: The 18th Annual Conference "Arbitration in Disputes of Capital Markets in the GCC Countries," was opened at the Crowne Plaza Resort Salalah today under the patronage of Dr. Ali bin Mas'oud al-Sunaidi, Minister of Commerce and Industry in the presence of Sayyid Mohamed bin Sultan al-Busaidi, Minister of State and Governor of Dhofar and a number of senior officials and specialists in the field of law and arbitration.

Opinion: Lithuania’s courting with Gazprom – a recurring insanityThe Lithuania Tribune

Aug 8, http://www.lithuaniatribune.com/47105/opinion-lithuanias-courting-with-gazprom-a-recurring-insanity-201347105/

Virginijus Sinkevicius and Michal Harmata - Insanity is defined as doing the same thing over and over again and expecting different results. The current government of Lithuania clearly has never heard of this concept if they expect their new five-year deal with Gazprom to produce different results than last time. Five more years with Gazprom is detrimental to Lithuania

Philippines: Court of Appeals (CA) orders gov't to pay Piatco over $371M

Aug 07, http://www.abs-cbnnews.com/business/08/07/13/ca-orders-govt-pay-piatco-over-371m

The Court of Appeals (CA) has ordered government to pay the Philippine International Air Terminals Co., Inc. (Piatco), builder of the Ninoy Aquino International Airport (NAIA) Terminal 3, over $371 million for the expropriation of the terminal.

Poland: Sferia have withdrawn their appeal to the Court of Arbitration

Aug 16, http://www.telecompaper.com/news/sferia-obtains-800-mhz-band-frequencies--961273

In exchange, Sferia's owners have withdrawn their appeal to the Court of Arbitration at the International Chamber of Commerce in Paris.

Press release White & Case: Victory in Spain-Peru Global Economy Dispute (ICSID)

Aug 08, http://www.whitecase.com/News/Detail.aspx?news=5494

White & Case LLP achieved success in a major Spain-Peru energy sector dispute related to global economic conditions for its client, the Republic of Peru. It was one of the most efficient cases ever to be concluded before the International Centre for Settlement of Investment Disputes (ICSID) of the World Bank.

The Spanish-language arbitration before the World Bank arose under two electricity transmission concession contracts awarded by Peru to Caravelí Cotaruse Transmisora de Energía S.A.C., a concessionaire backed by Spanish infrastructure companies. The concessionaire sought relief of up to US$100 million, but the case was dismissed in its entirety with an award of costs in favor of the Republic of Peru.

"This success is a vindication of Peru's conduct and investment framework, which have contributed to investment flows while reasonably expecting investors to follow the rules," said Jonathan C. Hamilton, a partner and head of the Latin American arbitration practice at White & Case. "It was one of the most efficient cases in the history of investment arbitration before the World Bank, conducted fully in Spanish and with a complete award of costs for our client."

The claimant requested varied relief of up to US$100 million through tariff increases, damages and costs, or alternatively, termination of its contracts plus damages and alleged amounts invested. Notably, the concessionaire never completed the electricity transmission lines, even though other electricity sector projects were completed during the same time period and it received an extension of time to complete the works. In an award issued April 15, 2013, the World Bank tribunal ruled in favor of Peru, rejecting all of the claimant's requests for contract modification and monetary claims.

Some of the key elements of the case include:

The case, entitled Caravelí Cotaruse Transmisora de Energía S.A.C. v. Republic of Peru (ICSID Case No. ARB/11/9), was decided by a three-member tribunal with Brazilian, French and Argentine members.

White & Case previously achieved success advising Peru in the Aguaytia ICSID case and the recuperation of Machu Picchu artifacts from Yale University.

"This case arose under concession contracts and is one of various international cases that Peru has faced, in part, simply because it agreed to ICSID arbitration clauses in diverse contracts," said partner Rafael Llano Oddone.

The result involving Spanish investment in Latin America comes shortly after the opening of White & Case's office in Madrid.

"Our Latin arbitration team works on Spain-Latin American investments and disputes every day, collaborating across the Americas and with our Madrid office," Hamilton said.

The White & Case Latin American arbitration team was led by Hamilton in Washington, DC, together with partners Llano Oddone in Mexico City and Christopher R. Seppälä in Paris, and associates Francisco Jijon, Sara Sargeantson and Jacob Stoehr in Washington, DC.

Prime Finance: Model Arbitration Clauses for use with ISDA Master Agreements

Aug 19, http://www.primefinancedisputes.org/index.php/news-blog

P.R.I.M.E. Finance completed in June 2013 a project to develop forms of amendment agreements to be used to modify existing International Swaps and Derivatives Association (“ISDA”) Master Agreements to provide for arbitration in accordance with the P.R.I.M.E. Finance Arbitration Rules in lieu of litigation in the courts of either New York or London. These forms of Arbitration Amendment Agreements may be used with either 1992 or 2002 ISDA Master Agreements, which have been used to document more than 90% of the outstanding transactions in the global derivatives markets. The P.R.I.M.E. Arbitration Amendment Agreements provide for arbitrations to be conducted in Singapore, Hong Kong, Paris, Geneva, Zurich, The Hague, London or New York, as the parties may elect. P.R.I.M.E. expects to publish soon (in Japanese) a similar form for arbitrations to be conducted in Tokyo. Only P.R.I.M.E. Finance offers this geographic flexibility while using one set of rules and providing access to one international panel of leading experts on disputes involving complex financial products. With the recent publication of these forms of Arbitration Amendment Agreements, parties are now in a position to incorporate P.R.I.M.E. arbitration into their existing master agreements, which P.R.I.M.E. anticipates will produce a flow of P.R.I.M.E. arbitration proceedings in coming years.

The development of these clauses by P.R.I.M.E. Finance has sparked considerable interest as they are the first of their kind to be standardized for use with the ISDA Master Agreement. Client bulletins and press coverage of the clauses can be found below:

Procurador García Realizó una Exposición Sobre Los Casos Chevron Y Oxy En El Pleno de La Asamblea Nacional

Aug 21, http://www.pge.gob.ec/es/rotativo/1978-exposicion-por-caso-chevron-y-oxy-en-la-asamblea.html

La mañana de hoy martes 20 de agosto, el Procurador General del Estado, doctor Diego García Carrión, asistió al salón plenario "Nela Martínez" de la Asamblea Nacional en respuesta a una invitación de su presidenta, señora Gabriela Rivadeneira, para presentar ante la Comisión General del Legislativo información relevante sobre los dos casos más emblemáticos que defiende la Procuraduría General del Estado en materia de arbitrajes de inversión en jurisdicción extranjera.

El doctor García hizo una exposición sobre los antecedentes, base normativa y desarrollo de los arbitrajes relacionados con las petroleras Chevron y Oxy con la finalidad de que los asambleístas conozcan con precisión la situación actual y la posición jurídica de la defensa del Estado ecuatoriano en ambos litigios.

Proposal for Amendment of the Brussels I-Regulation

Aug 12, http://conflictoflaws.net/2013/proposal-for-amendment-of-the-brussels-i-regulation/

The proposal aims (1) to clarify that the Unified Patent Court and the Benelux Court of Justice are courts in the meaning of the Brussels I-Regulation, (2) to clarify the rules on jurisdiction, and (3) to define the application of lis pendens and related actions with respect to the Unified Patent Court and the Benelux Court of Justice.

Download: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0554:FIN:EN:PDF

Russia readies tighter customs if Ukraine signs EU deal: report

Aug 18, http://www.reuters.com/article/2013/08/18/us-russia-ukraine-trade-idUSBRE97H06K20130818

Reuters - Russia is preparing tighter customs controls with Ukraine in case Kiev makes the "suicidal" move of signing an association agreement with the European Union, an aide to President Vladimir Putin was quoted as saying on Sunday.

RWE Profit Hit By Impairment, Recurrent Profit Rises On Gazprom Arbitration

Aug 14, http://www.rttnews.com/story.aspx?Id=2172797

RWE had said in late June that an arbitration court ruled in its favor in a dispute over the company's gas supply contracts with Russian gas pipeline systems operator OAO Gazprom (OGZPF, OGZPY, GAZP). However, the company did not disclose how much compensation it would receive.

Singapore: Equatorial Palm Oil seeks arbitration in JV dispute

Aug 14, http://www.stockmarketwire.com/article/4650382/Equatorial-Palm-Oil-seeks-arbitration-in-JV-dispute.html

Equatorial Palm Oil is taking a dispute with joint venture partner Biopalm Energy Ltd into arbitration, seeking resolution under the arbitration rules of the Singapore International Arbitration Centre.

Singapore: High Court upholds China ruling

Aug 13, http://www.singaporelawwatch.sg/slw/headlinesnews/29091-high-court-upholds-china-ruling.html

IN WHAT is believed to be a first, a Singapore court last week enforced a judgment from China after listening to both sides in a trial.

Singapore: Representatives from Asean legal fraternities in town for meetings

Aug 23, http://www.straitstimes.com/breaking-news/singapore/story/representatives-asean-legal-fraternities-town-meetings-20130823

Hosted by the Supreme Court from Friday to Sunday, the 35th Governing Council Meeting of the Asean Law Association is attended by about 300 delegates from all ten Asean countries. Matters such as international law, business law and alternative dispute resolution will be discussed.

South Africa: Expropriation Bill in Parliament soon

Aug 20, http://www.legalbrief.co.za/article.php?story=20130820083952522

Discussions in Nedlac on the draft Expropriation Bill and draft Restitution of Land Rights Amendment Bill and are expected to have been concluded by October, with both Bills likely to be tabled in Parliament soon afterwards.

South Africa: Farmers told to co-operate on land restitution or face expropriation

Aug 20, http://www.bdlive.co.za/business/agriculture/2013/08/20/farmers-told-to-co-operate-on-land-restitution-or-face-expropriation

IF COMMERCIAL, mainly white, farmers did not co-operate on land restitution and acknowledge the wrongs of the past, then expropriation would be the only way to resolve the issue, African National Congress (ANC) MP Mandla Mandela said on Monday.

South Africa: Redistribution to focus on gaining 'quality land'

Aug 13, http://www.bdlive.co.za/business/agriculture/2013/08/13/redistribution-to-focus-on-gaining-quality-land

RURAL Development and Land Reform Minister Gugile Nkwinti said on Monday the government's target of transferring at least 30% of land to black ownership had been fine-tuned to stress quality over quantity.

Spain: El Gobierno estudia reforzar la asesoría legal externa para los arbitrajes solares

Aug 06, http://vozpopuli.com/empresas/29599-el-gobierno-estudia-reforzar-la-asesoria-legal-externa-para-los-arbitrajes-solares

El contrato que Sebastián adjudicó al bufete Herbert Smith a razón de 300 euros por hora, aún vigente, sólo cubre los litigios ligados a la fotovoltaica. Si quiere ayuda jurídica de terceros en el arbitraje termosolar, Industria debe abrir otro concurso.

Tajikistan: Albaco commences enforcement proceedings for $70 mil arbitration award

Aug 07, http://www.platts.com/latest-news/metals/london/albaco-commences-enforcement-proceedings-for-26157997

Albaco, a subsidiary of Russian aluminium producer Rusal, has commenced enforcement proceedings for a $70 million arbitration award against CDH Investments Corp, relating to the supply of alumina to the Tajik Aluminium Company, Rusal said in a statement Tuesday.

Thailand set to resume talks for FTA with Europe

Aug 19, http://www.nationmultimedia.com/business/Thailand-set-to-resume-talks-for-FTA-with-Europe-30212896.html

"The four country members of the EFTA are considered as the 10th-largest trading partner with Thailand. The EFTA will help promote trade and investment as well as liberalise services and technology transfers. European countries are ahead in technology development," Commerce Minister Niwatthumrong Boonsongpaisan said last week.

To extract or not to extract ? A town in Colombia says no to mining

Aug 20, http://www.publishwhatyoupay.org/newsroom/blog/extract-or-not-extract-town-colombia-says-no-mining

Last July, a town in Colombia said no to mining. Piedras, in the region of Tolima, held a referendum over whether gold mining should be allowed in its locality. The answer was an overwhelming ‘no’, with 99% of voters deciding against.

Trans-Pacific Partnership talks hit roadblock over anti-smoking policies

Aug 26, http://www.theglobeandmail.com/news/politics/trans-pacific-partnership-talks-hit-roadblock-over-anti-smoking-policies/article13947024/

Fast-moving trade talks aimed at reaching an ambitious Trans-Pacific Partnership trade deal have hit a major snag over anti-smoking policies, as divisions emerged over a proposal critics say would expose governments to lawsuits from tobacco companies.

Ukraine Government publishes draft EU-Ukraine Association Agreement

Aug 13, http://en.for-ua.com/news/2013/08/13/140406.html

"Society shows growing interest in the Association Agreement between Ukraine and the European Union with the approach of the Vilnius summit. The Government pays due attention to dialogue with the public on the conclusion of this Agreement. Therefore, its draft is published under heading "European Integration" on the government portal," the Cabinet's website informs.

Documents available here http://www.kmu.gov.ua/kmu/control/uk/publish/article?art_id=246581344&cat_id=223223535

Ukrainian Arbitration Association successfully runs the first International Arbitration School in Ukraine

Aug 19, http://eng.arbitration.kiev.ua/ukrainian-arbitration-association-successfully-runs-the-first-international-arbitration-school-in-ukraine/

Last week the Ukrainian Arbitration Association (the "UAA") was busy with running an intensive five-day arbitration program of the First International Arbitration School organized jointly with the National University of Kyiv Mohyla Academy's Faculty of Law ("UKMA").

The International Arbitration School's curriculum compassed general and specialized courses in arbitration. It consisted of five sections covering key topics in international arbitration.

General topics included the discussion on the nature and characteristics of an arbitration agreement, questions relating to drafting international arbitration agreements, appointment and challenge of arbitrators, governing procedural rules in international arbitration, evidence and burden of proof, interim measures, setting aside and recognition and enforcement of international arbitral awards.

Specialized courses covered arbitration in construction, trade commodities and maritime, sports and international investment issues in international arbitration.

The program featured speakers from the leading Ukrainian and international law firms, including AGA Partners, ARBITRADE, Arzinger (Ukraine), Baker & McKenzie (Ukraine and Russia), CMS Cameron McKenna (Ukraine), Egorov Puginsky Afanasiev & Partners (Ukraine), Integrities, K&L Gates (Poland), Norton Rose Fulbright (Russia), Sayenko Kharenko as well as from Football Federation of Ukraine.

To diversify the learning experience of the participants, the program included a visit to the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry and a meeting with its President Mr. Selivon.

The UAA would like to thank the ICAC and Baker & McKenzie for books on international arbitration presented to the participants of the Summer School.

Ukrainian and foreign participants enjoyed the chance to learn about the vital field of international commercial arbitration and gain transnational understanding of arbitration as an efficient and effective mode of dispute resolution. The participants also had the opportunity to develop practical understanding of the functioning of international commercial arbitration through a case study on the last day of the program.

"It was a really enjoyable event, interesting and important for future lawyers - in many ways", "I appreciate a chance of being involved in such interactive, professional, practice-oriented course", - comment the participants.

Following the feedback from the participants of the event and Ukrainian arbitration community the UAA plans to organize such Summer Schools annually.

Uruguay calls on Mercosur to sign a free trade agreement with United States

Aug 19, http://en.mercopress.com/2013/08/19/uruguay-calls-on-mercosur-to-sign-a-free-trade-agreement-with-united-states

Uruguayan Vice-President Danilo Astori said Mercosur must decisively address the signing of a free trade agreement with the United States, but also admits that "opportunities must be built".

US company to sue Serbian government at London Court of International Arbitration (LCIA, solar power station)

Aug 09, http://www.itar-tass.com/c32/834431.html

BELGRADE, August 8 (Itar-Tass) - Security Equity Partners has terminated a contract with the government of Serbia for the construction of a solar power station. The U.S Company’s representative said on Thursday that Security Equity Partners would sue Serbia for 160 million euro worth of losses at the London Court of International Arbitration. Security Equity Partners claims that the Serbian government has violated the contract terms by failing to provide a 3,000-hectare land allotment for the station’s construction.

US court dismisses Yuzhnoye's motion to dismiss Sea Launch case

Aug 14, http://rapsinews.com/judicial_news/20130814/268552056.html

US Court officially declares Bitcoin a real currency

Aug 09, http://rt.com/usa/bitcoin-sec-shavers-texas-231/

United States Magistrate Judge Amos Mazzant for the Eastern District of Texas ruled Tuesday that the US Securities and Exchange Commission can proceed with a lawsuit against the operator of a Bitcoin-based hedge fund because, despite existing only on the digital realm, “Bitcoin is a currency or form of money.”

US: Arbitration, fuel adjustment on committee agenda - Gainesville City

Aug 08, http://www.gainesville.com/article/20130808/articles/130809624

The Gainesville City Commission's Regional Utilities Committee is scheduled to discuss legal costs associated with the recently ended arbitration fight against the biomass plant owner today at 5 p.m.

US: Gainesville City decides against settlement in arbitration fight

Aug 19, http://www.gainesville.com/article/20130819/articles/130819534

The City Commission will see if an arbitrator throws out the biomass plant owner's $50 million counterclaim before continuing on with any settlement talks.

US: GREC drops $50 million arbitration counterclaim - Gainesville

Aug 23, http://www.gainesville.com/article/20130823/articles/130829802

Gainesville no longer faces a $50 million legal threat over the biomass plant. On Friday, the company behind the Gainesville Renewable Energy Center told the city it was dropping its arbitration counterclaim with prejudice, which means it cannot be refiled.

US: In a MedCap case, N.J. Supremes say arbitration has limits

Aug 08, http://www.investmentnews.com/article/20130808/FREE/130809925

The Supreme Court of New Jersey yesterday reversed a lower state court's ruling that would have forced an investor who sued an accounting firm and investment adviser over the sale of Medical Capital Holdings Inc. notes out of state court and into private securities arbitration.

US: InterDigital Announces Arbitration Result

Aug 23, http://ir.interdigital.com/releasedetail.cfm?ReleaseID=786787

InterDigital, Inc. (Nasdaq:IDCC), a wireless research and development company, today announced that it expects its total third quarter 2013 revenue to be between $55 million and $56 million. The revenue guidance for third quarter 2013 includes $43 million to $44 million of current revenue, as well as approximately $12 million of past sales revenue, primarily relating to past sales by Pegatron of certain products between July 1, 2012 and March 31, 2013, the royalties for which were covered by an arbitration award announced at the end of April.

The company further announced that it had received an award in an arbitration involving royalties due under one of its technology solutions agreements. The panel determined that InterDigital was entitled to the royalties sought by the company under the arbitration at the rates specified in the technology license agreement. The licensee under the agreement had paid the disputed amounts under protest and, as of June 30, 2013, the total deferred revenue balance was approximately $52.6 million as reported in the company's quarterly report on Form 10-Q for the period ended June 30, 2013. The company is reviewing the award and working through the related revenue recognition with its independent auditors.

The revenue guidance includes recognition of revenue for royalty reports received to date, but does not include the potential impact of any new patent license, technology solutions or patent sale agreements that may be signed, or any amounts related to the most recent arbitration decision discussed above or to any other arbitration or dispute resolutions that may occur, during the balance of third quarter 2013.

US: Judge Who Ruled Against Arbitration Activist Now an Arbitrator

Aug 12, http://voiceofsandiego.org/2013/08/12/judge-who-ruled-against-arbitration-activist-now-an-arbitrator/

A former San Diego Superior Court judge who ruled against arbitration campaigner Jon Perz in his battle with a local car dealership has become an arbitrator.

US: N.J. Supreme Court rules on mediation deals

Aug 16, http://www.courierpostonline.com/article/20130816/NEWS01/308160038/N-J-Supreme-Court-rules-mediation-deals?gcheck=1

TRENTON — The state Supreme Court ruled Thursday that agreements reached in mediation will be enforceable in the future only if they’re put in writing and signed.

US: Wall Street watchdog steps up vetting of its arbitrators

Aug 08, http://in.reuters.com/article/2013/08/08/finra-arbitrators-idINL1N0G61H220130808

Reuters - Wall Street's industry-funded watchdog is fine-tuning its new policy of checking out its arbitrators, a step viewed as all the more necessary after a court tossed out a ruling involving one who was indicted during a case against Goldman Sachs.

US: Western Digital Revises 4th-Quarter Results on $681 Million Arbitration Accrual

Aug 16, http://online.wsj.com/article/BT-CO-20130816-702484.html

Western Digital Corp. (WDC) on Friday revised its fiscal fourth-quarter results, saying it will record an accrual of $681 million related to a July appeals court decision in favor of rival Seagate Technology Inc. (STX) in a trade secrets case.

Seagate alleged Western Digital and a former employee misappropriated eight trade secrets. Western Digital said last month a Minnesota appeals court reversed an decision that had vacated a $630.4 million arbitration award against Western Digital, and ordered a rehearing of certain claims in the arbitration.

On Friday, Western Digital said it "continues to strongly disagree" with the appeals court decision and will file a petition with the Minnesota Supreme Court.

US: Yukos Capital wins against Russia's Samaraneftegaz in US court

Aug 08, http://rapsinews.com/judicial_news/20130808/268491352.html

RAPSI - A federal district court in New York satisfied Tuesday a request by Yukos Capital SARL (Yukos Capital) for summary judgment in its efforts to seek enforcement of an arbitration award it had earlier won in the International Court of Arbitration of the International Chamber of Commerce (ICC) against Russia’s OAO Samaraneftegaz, according to court documents obtained by RAPSI.

Uzbek authorities offer to purchase assets of bankrupt MTS subsidiary

Aug 15, http://www.telegeography.com/products/commsupdate/articles/2013/08/15/uzbek-authorities-offer-to-purchase-assets-of-bankrupt-mts-subsidiary/

Russian mobile giant Mobile TeleSystems (MTS) has announced that, following two failed attempts to sell the assets of its bankrupt subsidiary MTS Uzbekistan, Uzbek authorities have offered to purchase the assets from the company's creditors. In the wake of the forced closure of MTS Uzbekistan in mid-2012, the cellco declared itself bankrupt in January 2013 and in April that year the company's creditors launched a tender to dispose of the assets of the stricken provider. According to a statement from MTS: 'The liquidation administrator has now proposed that the creditors of Uzdunrobita [the previous name for the MTS subsidiary] purchase these assets. Should this proposal not succeed, the liquidation administrator may transfer all of the assets of Uzdunrobita to local authorities.'

Vietnam: More FDI licences to be revoked

Aug 08, http://english.vietnamnet.vn/fms/business/81084/more-fdi-licences-to-be-revoked.html

VietNamNet Bridge – Foreign Direct investment (FDI) projects that have expired but not yet re-registered, will be revoked after February 1st next year, according to a newly issued directive from the Ministry of Planning and Investment (MPI).

Zamansky LLC Announces That It Has Filed A FINRA Arbitration For Investors In Lehman Structured Notes Sold By UBS Who Opted Out of the Class Action Settlement

Aug 16, http://www.prweb.com/releases/2013/8/prweb11033381.htm

Zamansky LLC has filed a FINRA arbitration against UBS Financial Services, Inc. ("UBS") on behalf of group of brokerage customers from California who were sold Lehman Brothers' structured products including "100% Principal Protected Notes." The case is FINRA No. TN 1300907.

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.

Canada: A TPP stakeholder event will be held on August 27 - register August 18

Aug 27, http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/tpp-ptp/index.aspx?lang=eng&view=d

The 19th round of TPP negotiations will be held in Bandar Seri Begawan, Brunei from August 22-30, 2013. A Ministerial Press Conference will take place on 23 August after the conclusion of a TPP Ministerial Meeting. A stakeholder event will be held on August 27, from 9am-11am. To register for the stakeholder event please send an email to TPP-PTPconsultations@international.gc.ca before August 18, 2013. Information on registration for media will be posted as soon as it is available. TPP members have also committed to continuing an intense schedule of intersessional work to further advance remaining issues.

CEPMLP: Upcoming arbitration course receives accreditation

Aug 12, http://www.dundee.ac.uk/cepmlp/gateway/index.php?news=32742

The upcoming CPD course entitled "Oil, Gas and Minerals: International Arbitration and Advocacy Skills" has been accredited by the Bar Standards Board with 28 CPD hours.

Inaugural LEADR Practitioner Awardees to be notified in late August

Aug 20, http://www.leadr.com.au/news/inaugural-leadr-practitioner-awardees-to-be-notified-in-late-august

We are delighted that in its inaugural year, we have received 33 nominations for the LEADR Practitioner Awards which acknowledges LEADR members who are ADR practitioners who are recognised by their peers as having contributed significantly to the growth and development of ADR.

TEDxHagueAcademy - September 9th, 2013 - Peace Palace, Academy Hall

Aug 23, http://www.catarinagomes.net/wp-content/uploads/2013/08/Press-release-TEDxHagueAcademy-2013.pdf

Come to listen to the powerful stories of inspiring people who've found themselves in unexpected circumstances or difficult situations which empowered them to make a meaningful contribution to the future of peace and justice.

Jobs / Moves

Christopher Newmark to chair ICC Commission on Arbitration and ADR

Aug 06, http://www.iccwbo.org/News/Articles/2013/Christopher-Newmark-to-chair-ICC-Commission-on-Arbitration-and-ADR/

ICC welcomes Christopher Newmark as the new Chair of the ICC Commission on Arbitration and ADR, the body which drafts and revises various ICC rules for settling international disputes by means of arbitration, mediation, expert proceedings and dispute boards. Mr Newmark will start on his new role as of 1 January 2014.

CPR Appoints Bette Shifman as Vice President, Director af Publications & Special Counsel

Aug 19, http://www.cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/807/CPR-Appoints-Bette-Shifman-as-Vice-President-Director-af-Publications-Special-Counsel-Press.aspx

CPR is pleased to announce that Bette Shifman has been appointed Vice President and Director of Publications & Special Counsel of the International Institute for Conflict Prevention & Resolution (CPR) Institute. Ms. Shifman’s responsibilities will include managing and editing CPR’s award-winning newsletter Alternatives. Both a lawyer and digital information specialist, Ms. Shifman will explore plans to transition Alternatives to a user-friendly electronic format, and will be responsible for organizing CPR’s intellectual property in a digital medium, managing the delivery of all electronic CLE programs, overseeing delivery of ADR content to social media platforms, and providing leadership for CPR initiatives.

Ms. Shifman is an accomplished ADR professional, holding numerous senior-level positions over the course of her career. Prior to joining the CPR Institute, Ms. Shifman was Of Counsel at DLA Piper in New York, where she served as Practice Group Manager for the firm’s global international arbitration practice group.

Ms. Shifman served as Deputy Secretary-General of the Permanent Court of Arbitration (PCA) in The Hague, during the institution’s period of rapid growth and revitalization in the 1990s and early 2000s, and has acted as registrar for numerous state-state and investor-state arbitrations. She has also held positions as Senior Legal Officer at the International Court of Justice and Executive Director of ADR Chambers in Toronto, and has practiced law with firms in New York and Amsterdam.

Ms. Shifman earned her J.D. from George Washington University Law School, where she was a member of the George Washington Journal of International Law and Economics, and received a recent Masters of Science in Information (MSI) from the University of Michigan. She has been an advisor to the arbitration portal kluwerarbitration.com since its inception in the mid-1990s and is a former editor of the Journal of International Arbitration.

“We are extremely pleased that Bette has decided to join CPR. She brings a wealth of high-level arbitration, editorial, and writing experience to this critically important position” stated Kathy A. Bryan, CPR’s President & CEO.

Prime Finance - Appointment of New Advisory Board Member: Ambassador Hugo Siblesz

Aug 16, http://www.primefinancedisputes.org/index.php/news-blog/67-appointment-of-new-advisory-member.html

On 9 July, 2013, Ambassador Hugo Siblesz, Secretary-General of the Permanent Court of Arbitration, was appointed as an Advisory Board member of P.R.I.M.E. Finance.

Ruth Glick named President of ABA Section for Dispute Resolution - @ABA_DR

Aug 19, http://www.adr.org/aaa/ShowPDF?doc=ADRSTAGE2014202

"Ruth Glick is an arbitrator and mediator of the highest integrity and serves on the AAA panel with the utmost dedication. With her extensive training and expertise in multiple methods of alternative dispute resolution (ADR), Ms. Glick is an inspired choice to head the ABA Dispute Resolution Section," commented India Johnson, President and CEO of AAA/ICDR®

University of Queensland appoints maritime arbitration expert its first female head of law - Professor Sarah Derrington

Aug 14, http://www.amtac.org.au/assets/media/News/AMTACMediaReleaseProfDerringtonAug2013.pdf

Australian Maritime and Transport Arbitration Commission - The University of Queensland has appointed Professor Sarah Derrington as its first female Dean of Law.

A recognised leader in the field of international arbitration and maritime law in Australia and overseas, Professor Derrington is a Vice Chair of the Australian Maritime and Transport Arbitration Commission (AMTAC) and is a member of the Australian Maritime Safety Authority; the Admiralty Rules Committee (Commonwealth); and the Maritime Law Association of Australia and New Zealand, of which she was President for three years.

"I am deeply honoured to be appointed UQ first female Dean of Law and see this is as an opportunity to consolidate the School's position among the best law schools in the Asia Pacific region by adopting a greater emphasis on industry-focused research and stronger partnerships with the legal profession," said Professor Derrington.

Elected a Fellow of the Australian Academy of Law in 2009, Professor Derrington's appointment has been warmly received throughout the profession and academia.

AMTAC Chair Mr Peter McQueen said: "I applaud the excellent appointment of Professor Derrington to the position of Dean of Law at the University of Queensland. She has been a member of the AMTAC Executive, as a Vice Chair, since AMTAC's inception in 2007. In that role, given her broad maritime and arbitration law and practice experience, she provides great insight and direction as to the ways in which the conduct of maritime arbitration in Australia can be developed, in addition as to how to raise awareness of the benefits of such conduct. AMTAC is very fortunate to have her on board!"

Acting President and Vice-Chancellor Professor Debbie Terry said Professor Derrington brings extensive academic and professional experience to the Head of School role.

"She is one of Australia's leading maritime law experts, particularly in the areas of admiralty law and marine insurance. In the most recent Excellence in Research for Australia Report the Law School's research was assessed as `above world standard' ­ I would hope Sarah will improve the School's ERA rating in future years." Professor Terry said.

A practising barrister and an alumna of the School, Professor Derrington says that industry engagement is the key to equipping law students with the highest quality skills to enable them to address 21st century challenges.

"I'm excited to be returning to the Law School and look forward to tackling the challenges faced by the higher education sector, and the changing face of the legal profession," Professor Derrington said.

"My priorities will be to facilitate professional involvement with the School; to lift our research profile; and to make our student experience the very best that we can make it."

"UQ has a focus on educating and supporting the leaders of the future so we aim to ensure that each generation of law graduates is prepared for international practice and to successfully transition into a profession that has already experienced significant change over the past decade and will continue to evolve in the future."

As the Australian higher education sector enters an era of intense output scrutiny, Professor Derrington is confident that the School's nationally and internationally significant research achievements will provide distinct competitive advantages.

"The School's diverse community of scholars makes a considerable and lasting contribution to the understanding and development of law and to a better understanding of its relationship with other fields of study," Professor Derrington said.

"This enables us to offer unique opportunities for multi-disciplinary and international collaboration to undertake research that makes a positive impact on society in the areas of private law, international and comparative law, marine and shipping law and energy law, among others."

As a teacher at the UQ Law School between 1994 and 2011, Professor Derrington held the positions of Director of the Centre for Maritime Law and the Marine and Shipping Law Unit; Academic Advisor; Deputy Director of Studies (Law); Associate Professor; Professor of Admiralty Law; and Associate Dean (Academic) of the Faculty of Business, Economics and Law.

She successfully steered a UQ team to victory in the annual International Maritime Law Arbitration Moot in 2012, and coached the 2013 team to victory in Southampton, UK this month.

WTO: UN Secretary-General appoints Arancha Gonzalez of Spain as ITC Executive Director

Aug 16, http://www.wto.org/english/news_e/news13_e/igo_15aug13_e.htm

United Nations Secretary-General Ban Ki-moon today (15 August 2013) announced the appointment of Arancha Gonzalez of Spain as Executive Director of the International Trade Centre (ITC), the joint agency of the United Nations Conference on Trade and Development (UNCTAD) and World Trade Organization (WTO) for trade and international business development.

ICSID

New: Enel Green Power v #ElSalvador (ICSID ARB/13/18)

Geothermal energy project, Aug 21. Tribunal not yet constituted

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