issue #02, week 42. 15 October 2014
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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Recent issues:

NEWS

African disputes should be heard in Africa by African arbitrators - Edward Torgbor

Oct 10, http://www.bizcommunity.com/Article/196/546/119880.html

Former high court Kenyan judge Edward Torgbor, now practicing as a specialist arbitrator, says that the parties in 99% of all African disputes are represented by lawyers and law firms based in the UK, USA and France.

...

COMESA Regional Competition Policy now Appreciated

Oct 06, http://www.comesa.int/index.php?option=com_content&view=article&id=1339:stakeholders-now-appreciating-the-need-for-regional-competition-policy&catid=5:latest-news&Itemid=41

“They are beginning to realize that competition policy is the best instrument available in order to ensure that regional integration remains a source of advancing welfare for the citizens and the firms in our respective countries,” Secretary General Sindiso Ngwenya said.

In a speech presented by the Director of the COMESA Competition Commission Mr George Lipimile during a business reporter’s sensitization workshop in Livingstone, Zambia today, Mr Ngwenya said competition was a central element in the regional economic integration agenda in the context of the Common Market.

...

Estonia: Tallinna Vesi Takes Estonia to International Arbitration Tribunal

Oct 15, http://news.err.ee/v/economy/f341c535-efb4-4521-9653-b280ee213aa4

AS Tallinna Vesi, the capital's water utility, and its controlling shareholder United Utilities (Tallinn) B.V. have launched international arbitration proceedings against the Republic of Estonia for what the complainants say was a breach of the bilateral investment treaty with the Netherlands.

See also:

ASEAN-ICC: Arbitration law urgently needed

Oct 06, http://www.nationmultimedia.com/business/Arbitration-law-urgently-needed-30244811.html

THE International Chamber of Commerce (ICC) said an arbitration law will be needed to facilitate a settlement between Thai and foreign companies, as it can increase foreign investor confidence while serving as a good preparation for the upcoming Asean Economic Community (AEC) next year.

Belgrade Arbitration Center (BAC) names Marina Matic as new Secretary

Sep 29, http://www.arbitrationassociation.org/events-and-activities/aktivnosti-en/392/bac-names-new-secretary/

The BAC has named Belgrade lawyer Marina Matic as its new Secretary. Matic will take up the position on 8 September.

Bhutan and Guyana accede to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Sep 29, http://www.unis.unvienna.org/unis/en/pressrels/2014/unisl207.html

VIENNA, 26 September (UN Information Service) - Bhutan and Guyana have deposited instruments of accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention. An accession ceremony took place during the annual Treaty Event held at United Nations Headquarters in New York. With their accessions, Bhutan and Guyana become the 151st and 152nd State parties to the Convention. The Convention will enter into force for both countries on 24 December 2014.

Bolivia: TriMetals Mining Inc.'s Subsidiary, South American Silver Limited, Seeks US$ 385.7 million in its Statement of Claim in the Treaty Arbitration against Bolivia

Sep 25, http://www.trimetalsmining.com/pr-14-21.asp

September 25, 2014, Vancouver, British Columbia-TriMetals Mining Inc. (TSX: TMI and TMI.B, US OTCQX: TMIAF & TMIBF) (the "Company") reports that its Bermudian subsidiary, South American Silver Limited ("South American Silver"), filed yesterday a Statement of Claim in its international arbitration proceedings against the Plurinational State of Bolivia ("Bolivia") for the expropriation of its Malku Khota project in Bolivia in July 2012.

The Permanent Court of Arbitration at The Hague in the Netherlands is the administrating authority in this arbitration under the Rules of the United Nations Commission on International Trade Law (UNCITRAL). The arbitration is brought under the UK-Bolivia Bilateral Investment Treaty ("UK-Bolivia Treaty").

...

Brazil: PCA signs a Cooperation Agreement with CAM-CCBC

Sep 29, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=443&pag_id=1261

At a ceremony held on 15 September 2014 at the Peace Palace, the Secretary-General of the PCA, Mr. Hugo H. Siblesz, and the President of the CAM-CCBC (Arbitration and Mediation Center of the Brazil-Canada Chamber of Commerce), Mr. Frederico José Straube, signed a cooperation agreement with the purpose of strengthening ties between the CAM-CCBC and the PCA.

The cooperation agreement establishes a legal framework according to which both organizations join forces to promote the use of international arbitration and to raise awareness about developments in the field. In addition, it recognizes formally the benefits of promoting cooperation and of strengthening ties among international arbitral institutions.

On a practical level, under this agreement, each institution will be able to hold hearings and meetings at the other's premises and will assist with the arrangement of local support services for such events.

The PCA has also signed cooperation agreements with other arbitration institutions and international organizations worldwide, such as the International Centre for the Settlement of Investment Disputes (ICSID), American Arbitration Association (AAA), China International Economic and Trade Arbitration Commission (CIETAC), Association for the Promotion of Arbitration in Africa (APAA), Australian Centre for International Commercial Arbitration (ACICA), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), Dubai International Arbitration Centre (DIAC), Bahrain Chamber for Dispute Resolution (BCDR-AAA), Center for Arbitration and Conciliation of the Bogotá Chamber of Commerce (CAC-CCB), Inter-American Court of Human Rights (IACHR), Organization of American States (OAS), Arbitration Foundation of Southern Africa (AFSA), and Central American Court of Justice (CACJ).

In recent years, the PCA caseload in Latin America has increased sizably, with approximately 15% of the cases currently administered by the PCA involving a Latin American State or entity, including cases with arbitrators of Brazilian nationality, with the legal seat of the arbitration in Sao Paulo, or with Portuguese as the language of the arbitration.

Canada and South Korea Sign Free Trade Agreement

Sep 29, http://www.ibtimes.co.uk/canada-south-korea-sign-free-trade-agreement-1466725

Canada has inked its first free trade agreement with an Asian country, after South Korea President Park Geun-hye jetted into Ottawa to sign on the dotted line.

CEPANI Arbitration Rules are now also available in Turkish

Sept, http://www.cepani.be/

The CEPANI Arbitration Rules are now also available in Turkish. You can download them by clicking here http://www.cepani.be/sites/default/files/images/cepani_-_rules_turkish.pdf

China: AMSC Provides Update on Litigation With Sinovel Wind Group, Ltd

Sep 16, http://files.shareholder.com/downloads/AMSC/3368157401x0x781849/cb666e02-4f3f-4919-8565-51caafa1169b/AMSC_News_2014_9_16_Commercial.pdf

DEVENS, Mass., Sept. 16, 2014 (GLOBE NEWSWIRE) -- AMSC (Nasdaq:AMSC), a global solutions provider serving wind and power grid industry leaders, today issued several updates regarding its litigation with Sinovel Wind Group, Ltd (Sinovel). In the trade secret infringement case, the Beijing Higher People's Court upheld AMSC's position by rejecting Sinovel's appeal to transfer the case to the Beijing Arbitration Commission. Additionally, the first substantive hearing in the Beijing copyright infringement case took place at the Beijing No. 1 Intermediate People's Court. Finally, in the U.S. Department of Justice's case against Sinovel, members of its senior management team, and AMSC's former employee, the United States District Court for the Western District of Wisconsin upheld an earlier ruling that the service of summons of the criminal complaint was valid.

...

China: Cooperation Agreement between ICDR and SHIAC

Sep 29, http://www.cietac-sh.org/English/NewsDetails.aspx?tid=7&nid=748

On the date of September 3rd, 2014, the International Center for Dispute Resolution ("ICDR") of American Arbitration Association ("AAA") and SHIAC signed an official Cooperation Agreement. ICDR and SHIAC will develop cooperation in promoting arbitration, mediation and other ADRs in international commercial disputes.

China: Shanghai Pilot Free Trade Zone (FTZ) rules loosened

Sep 29, http://www.ecns.cn/business/2014/09-29/136626.shtml

On the eve of its one-year anniversary, the China (Shanghai) Pilot Free Trade Zone (FTZ) saw a loosening of ownership rules and market access for companies in more than two dozen categories, in a bid to draw foreign investors.

Dubai: DIAC training course provides updates on commercial arbitration

Oct 08, https://www.zawya.com/story/DIAC_training_course_provides_updates_on_commercial_arbitration-ZAWYA20141008104201/

Three-day interactive workshop teaches lawyers and non-lawyers practical techniques of handling international arbitration cases

EFTA and Malaysia hold second round of negotiations

Sep 08, http://www.efta.int/free-trade/news/efta-and-malaysia-hold-second-round-negotiations-3101

The first round of negotiations was held in Geneva in March 2014. During the second round, the negotiation teams addressed a broad range of issues covering trade in goods, trade in services, investment, rules of origin, trade facilitation, technical barriers to trade (TBT), sanitary and phytosanitary (SPS) measures, trade remedies, intellectual property rights, competition, sustainable development, cooperation, as well as legal, horizontal and institutional issues.

...

EFTA and Turkey review Free Trade Agreement

Sep 22, http://www.efta.int/free-trade/news/efta-and-turkey-review-free-trade-agreement-3136

Representatives of the EFTA States and Turkey convened in Ankara on 16 and 17 September 2014 for a round of negotiations concerning the review of their existing Free Trade Agreement (FTA), which entered into force in 1992.

The round was chaired on the EFTA side by Mr Erik Andreas Underland, Chief Negotiator from the Norwegian Ministry of Trade, Industry and Fisheries, while Mr Emre Orhan Öztelli, Deputy Director-General of EU Affairs from the Ministry of Economy, headed the Turkish delegation.

The parties achieved good progress relating to the update and expansion of the FTA in a number of areas. They set out the agenda for future work and agreed to meet again in December 2014.

Bilateral EFTA-Turkey merchandise trade has increased steadily since 2001 and reached USD 5.2 billion in 2013. EFTA's main exports to Turkey are pharmaceuticals products, machineries, mineral/fuel oil, chemical fertilisers and fish. Merchandise imports from Turkey consist mainly of apparel articles and accessories, and vehicles.

Egypt: CRCICA Recent Caseload: The 1000th Case Scored

Oct 14, http://crcica.org.eg/newsletters/nl032014/nl032014a001t.html

The total number of arbitration cases filed before CRCICA until 30 September 2014 reached 1000 cases. In the third quarter of 2014, 23 new arbitration cases were filed compared to 18 cases filed in the same quarter last year.

Egypt: Government Forms Panel to Settle Investor-State Disputes

Sep 05, http://allafrica.com/stories/201409051643.html

The committee, chaired by the Prime Minister, will include ministers of justice, transitional justice, investment and international cooperation along with representatives from other bodies concerned.

Egypt: Investment minister - unified investment law will be approved before the end of the year

Oct 14, http://www.dailynewsegypt.com/2014/10/14/six-projects-worth-1-25bn-ready-showcased-february-summit-investment-minister/

The minister stated that the unified investment law will be approved before the end of the year, adding that the ‘one-stop shop’ system will transformed into the only source of licensing, which means that the entanglement of various government agencies that currently impede this law will cease.

Energy Charter: Palestine Becomes 65th Signatory to the 1991 Energy Charter

Sep 15, http://www.encharter.org/index.php?id=21&id_article=545&L=0

The Ambassador of Palestine to the EU H.E. Mrs. Leila Shahid signed the 1991 Energy Charter during a special visit to the Energy Charter Secretariat in Brussels on 15 September 2014. Palestine has been an observer to the Energy Charter Conference by invitation since 2008. By signing the Charter it made the first step towards accession to the Energy Charter Treaty.

...

Ethiopia to Join COMESA's Free Trade Area

Sep 09, http://allafrica.com/stories/201409091465.html

The government of Ethiopia is on the move of joining the Common Market for Eastern and Southern Africa (COMESA) Free Trade Area (FTA) which enables the country to have preferential trade interaction between member countries.

EU and Ecuador publish text of trade agreement

Sep 29, http://trade.ec.europa.eu/doclib/press/index.cfm?id=1156

The EU and Ecuador are publishing the documents of their trade agreement, which will see Ecuador joining the EU's existing accord with Colombia and Peru. Both the EU and Ecuador are currently carrying out a legal revision of the texts, after which the necessary administrative and legal steps will be taken to approve Ecuador's accession to, and application of, the Agreement.

Colombia and Peru will also be involved in the approval process by the Trade Committee.

...

EU and Vietnam complete ninth round of FTA talks

Sep 30, http://trade.ec.europa.eu/doclib/press/index.cfm?id=1157

The EU and Vietnam completed the ninth round of negotiations for a Free Trade Agreement (FTA). The talks were held in Danang, Vietnam, from 22-26 September.

Both teams made good progress on finding common ground on all outstanding issues and are looking for a swift conclusion to the negotiations.

...

EU-Canada agree deal to boost trade and investment

Sep 29, http://europa.eu/rapid/press-release_MEMO-14-542_en.htm

The EU-Canada summit taking place today in Ottawa marks the end of the 5-year talks for a Comprehensive Economic and Trade Agreement (CETA). Canada is one of the most advanced non-European countries with which the EU has ever negotiated a trade agreement. The EU has much to gain from closer trade ties with a like-minded partner: Canada is a sizeable market, an important destination for European investment and a country rich in natural resources. Also, this agreement will allow EU companies to compete with US exporters on the Canadian market on a level playing field, as the US and Canada have already liberalised their trade under the North American Free Trade Agreement (NAFTA). Once implemented, the agreement is expected to increase EU-Canada trade in goods and services by 23% and boost EU GDP by about €12 billion a year. It will create major opportunities across all areas of the economy.

CETA will...

EU: Statement by President Barroso at the press conference following the Canada-EU Summit

Sep 29, http://europa.eu/rapid/press-release_SPEECH-14-631_en.htm

Joint press conference together with Stephen Harper, Prime Minister of Canada, and Herman Van Rompuy, President of the European Council

Georgia is preparing to become a member of the Permanent Court of Arbitration (PCA)

Sep 29, http://en.trend.az/scaucasus/georgia/2315855.html

Georgian foreign minister, Maia Panjikidze and the PCA secretary-general, Hugo Siblesz discussed the country's upcoming accession to this institution.

Ghana fully prepared for maritime boundary arbitration - Secretariat

Sep 29, http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=327179

The institution responsible for delineating Ghana's land and maritime boundaries says, the country has been prepared for the maritime boundary arbitration with Ivory Coast for more than two years.

...

Guinea: Getma Asks U.S. Court to Enforce $49 Million of Guinea Damages

Sep 29, http://www.bloomberg.com/news/2014-09-29/getma-asks-u-s-court-to-enforce-49-million-of-guinea-damages.html

Getma International, a French cargo company seeking damages over a canceled port contract in Guinea, filed a claim in a U.S. court to get the West African nation to pay 38.5 million euros ($49 million) awarded by arbitrators.

...

Guyana accedes to the UN Convention on Contracts for the International Sale of Goods (CISG)

Sep 29, http://www.unis.unvienna.org/unis/en/pressrels/2014/unisl208.html

VIENNA, 26 September (UN Information Service) - With its accession to the United Nations Convention on Contracts for the International Sale of Goods (CISG), Guyana becomes the eighty-third State Party to the Convention. Guyana deposited the instrument of accession during the annual Treaty Event held at United Nations Headquarters in New York. The Convention will enter into force for Guyana on 1 October 2015.

India signs free trade agreement in services, investments with ASEAN

Sep 29, http://economictimes.indiatimes.com/news/economy/foreign-trade/india-signs-free-trade-agreement-in-services-investments-with-asean/articleshow/42044509.cms

NEW DELHI: India signed a free trade pact in services and investment with the 10-member Association of Southeast Asian Nations (Asean) on Monday in New Delhi. The accord is aimed at allowing freer movement of professionals and encouraging investment.

India: ONGC-RIL gas exploitation dispute: High Court intervention sought

Sep 05, http://economictimes.indiatimes.com/industry/energy/oil-gas/ongc-ril-gas-exploitation-dispute-high-court-intervention-sought/articleshow/41632905.cms

NEW DELHI: An activist lawyer and a former bureaucrat today moved the Delhi High Court seeking its intervention in ONGC's petition accusing Reliance Industries Ltd (RIL) of exploiting gas worth Rs 30,000 crore from the PSU's natural gas block in Krishna-Godavri basin.

India: Vodafone ready to settle tax row outside arbitration

Sep 29, http://www.business-standard.com/article/companies/vodafone-ready-to-settle-tax-row-outside-arbitration-114092400634_1.html

Vodafone Group chief executive officer (CEO) Vittorio A Colao does not rule out the possibility of a settlement of his company's Rs 16,000-crore tax dispute with the Indian government through a route other than the ongoing arbitration process that has just begun.

Japan: Funai Electric Co., Ltd. Notice regarding Filing of arbitration statement including indication of amount of damages claimed against Philips (Update on previously disclosed matter)

Oct 02, http://www.funai.jp/usr/dl_en.php?path=http://funai.sakura.ne.jp//images/news/1412140370/1412140370_4.pdf

Osaka, Japan ­ Funai Electric Co., Ltd. (headquarters: Daito, Osaka; hereinafter, "Funai")) hereby announces today that in the course of its arbitration proceedings with Koninklijke Philips N.V. (hereinafter, "Philips"), Funai filed a statement with the International Court of Arbitration (ICC) on October 1, 2014 (Netherlands time) that includes an indication of the amount of compensatory damages claimed against Philips.

...

Jordan: EU and Jordan sign Memorandum on further cooperation

Oct 14, http://europa.eu/rapid/press-release_STATEMENT-14-316_en.htm

Amman (13 October) - Commissioner Štefan Füle, responsible for the Enlargement and Neighborhood Policy of the European Union, visited Jordan. During the visit, the European Union and the Hashemite Kingdom of Jordan signed a Memorandum of Understanding (MOU) concerning EU-Jordan bilateral cooperation for the period of 2014-2017, which included an indicative financial allocation of up to €382 million. This is what he said to the press after the signature:

"I am happy to sign this Memorandum of Understanding on EU-Jordan cooperation for the next four years. It is an important document which sets out the priorities of our cooperation for the next four years. These priorities are: ...

Jordan: Mexico Begins Free Trade Negotiations With Jordan

Sep 05, http://www.tax-news.com/news/Mexico_Begins_Free_Trade_Negotiations_With_Jordan____65732.html

Mexico and Jordan held the first round of negotiations for a free trade agreement (FTA) in Amman, Jordan, on August 26-27, 2014.

Kenya-EU: Civil Society Raises Concerns Over EAC-EU Trade Deal

Sep 15, http://allafrica.com/stories/201409150384.html

Delays in signing the pending trade agreement between the EAC and EU will potentially hurt half a million people in Kenya who rely on horticultural sector, the civil society has warned.

Kenya: Arbitration centre in Nairobi to reduce case backlog

Oct 01, http://www.standardmedia.co.ke/?articleID=2000136635&story_title=Kenya-arbitration-centre-in-nairobi-to-reduce-case-backlog

NAIROBI, KENYA: Resolution of legal disputes may reduce by over 50 percent following the construction of an international arbitration centre in Nairobi.

Kenya: EAC strikes economic partnership deal to join EU

Sep 29, http://www.capitalfm.co.ke/news/2014/09/eac-strikes-economic-partnership-deal-to-join-eu/

NAIROBI, Kenya, Sept 21 - The East African Community (EAC) has reached a common position on the Economic Partnership Agreement (EPA) which it intends to sign with the European Union.

The agreement was reached following a two-day Ministerial meeting held in Arusha on Friday and Saturday, according to Kenya's Foreign Affairs Cabinet Secretary Amina Mohammed.

Korea: Lopez Group wins arbitration over aborted joint venture with Korean company

Oct 09, http://www.interaksyon.com/business/96978/lopez-group-wins-arbitration-over-aborted-joint-venture-with-korean-company

MANILA - First Philippine Holdings Corp (FPH) won arbitration against a Korean solar wafer giant over an aborted joint venture.

Korea: Samsung seeks arbitration in Hong Kong against Microsoft in patent royalty lawsuit

Oct 08, http://www.geekwire.com/2014/samsung-seeks-arbitration-hong-kong-microsoft-patent-royalty-lawsuit/

Samsung Electronics is seeking arbitration in Hong Kong to resolve issues that have sprung up in a 2011 patent agreement with Microsoft.

...

Lithuania presses on with arbitration case against Gazprom

Sep 29, https://au.news.yahoo.com/thewest/business/world/a/25112401/

VILNIUS (Reuters) - Lithuania is continuing with international arbitration against Russia's gas giant Gazprom , which sold its assets and pulled out of the Baltic state earlier this year.

Lithuania presses on with arbitration case against Gazprom

Sep 29, https://uk.news.yahoo.com/lithuania-presses-arbitration-case-against-gazprom-132933689--finance.html#r2XkFro

VILNIUS (Reuters) - Lithuania is continuing with international arbitration against Russia's gas giant Gazprom , which sold its assets and pulled out of the Baltic state earlier this year.

Malaysia: Astro wins arbitration against AV Asia

Oct 14, http://www.thestar.com.my/Business/Business-News/2014/10/14/Astro-wins-arbitration-against-AV-Asia/

PETALING JAYA: The Kuala Lumpur Regional Centre for Arbitration (KLRCA) has ruled in favour of Astro Malaysia Holdiongs Bhd in relation to an arbitration proceedings between its wholly-owned subsidiary, Measat Broadcast Network Systems Sdn Bhd (MBNS), and AV Asia Sdn Bhd.

Malaysia: Proceedings Against Malaysian Port Begin (KLRCA)

Oct 10, http://www.maritime-executive.com/article/Proceedings-Against-Malaysian-Port-Begin-2014-10-10

Malaysia's Centralised Terminals, owned by MISC Bhd and Dialog Group Bhd , has started arbitrage proceedings against Tanjung Langsat Port Sdn Bhd, both companies said in separate filings to stock exchange Bursa Malaysia.

...

The arbitration has been referred to the Kuala Lumpur Regional Centre for Arbitration, the companies said.

Montenegro ratifies the United Nations Convention on the Use of Electronic Communications in International Contracts

Sep 29, http://www.unis.unvienna.org/unis/en/pressrels/2014/unisl205.html

VIENNA, 24 September (UN Information Service) - With its ratification of the United Nations Convention on the Use of Electronic Communications in International Contracts (the Electronic Communications Convention), Montenegro becomes the sixth State Party to the Convention. Montenegro deposited the instrument of ratification during the annual Treaty Event held at United Nations Headquarters in New York. The Convention will enter into force for Montenegro on 1 April 2015.

Morocco: Joint Statement of the Labor Subcommittee of the United States – Morocco Free Trade Agreement

Sep 26, http://www.ustr.gov/about-us/press-office/press-releases/2014/September/Joint-Statement-Labor-Subcommittee-US-Morocco-Free-Trade-Agreement

The Labor Subcommittee of the United States – Morocco Free Trade Agreement (FTA) convened its second meeting on September 25-26, 2014, in Rabat, Morocco. Article 16.5 of the FTA recognizes that cooperation between Morocco and the U.S. provides enhanced opportunities to improve labor standards, and the Subcommittee is a formal mechanism for our two countries to work together to better understand each country’s labor situation, cooperate on labor issues, and facilitate interaction with the public on labor matters.

The Subcommittee comprises senior officials from the labor, trade and other appropriate ministries:

...

Pakistan: Govt may go for deal rather than wait for verdict on Reko Diq

Oct 13, http://www.dawn.com/news/1137605/govt-may-go-for-deal-rather-than-wait-for-verdict-on-reko-diq

ISLAMABAD: Arbitration proceedings between Pakistan and the Tethyan Copper Company (TCC) over Balochistan’s multi-billion dollar Reko Diq Copper and Gold reserves before the International Centre for Settlement of Investment Disputes (ICSID) — now in their final stages — are expected to conclude this weekend.

Pakistan: Reko diq project: Dar reviews arbitration case progress

Sep 29, http://tribune.com.pk/story/766299/reko-diq-project-dar-reviews-arbitration-case-progress/

Minister for Finance, Senator Muhammad Ishaq Dar chaired a meeting to review progress of arbitration in International Centre for Settlement of Investment Disputes (ICSID) on the Reko diq Project.

...

Peru, Honduras To Conclude FTA By Year-End

Sep 29, http://www.tax-news.com/news/Peru_Honduras_To_Conclude_FTA_By_YearEnd____65967.html

The President of Peru, Ollanta Humala Tasso, and his Honduran counterpart, Juan Orlando Hernandez, have agreed to conclude a free trade agreement (FTA) by the end of this year.

Romania sues Enel in international court over local supplier

Sep 24, http://www.reuters.com/article/2014/09/24/romania-enel-idUSL6N0RP32O20140924

(Reuters) - The International Court of Arbitration in Paris accepted Romania's case against Italy's Enel over an outstanding stake in a local power supplier, the energy ministry said on Wednesdsay.

Scottish Arbitration Centre launch new premises

Oct 09, http://www.dundee.ac.uk/cepmlp/news/2014/article/scottish-arbitration-centre-launch-new-premises.php

On Monday, Kenny MacAskill MSP, the Cabinet Secretary for Justice, launched the new Scottish Arbitration Centre premises. CEPMLP joined forces last year with the Scottish Arbitration Centre to jointly launch the International Centre for Energy Arbitration.

The Cabinet Secretary was welcomed to 125 Princes Street by Andrew Mackenzie, Chief Executive of the Centre.

...

South Africa can help pull African arbitration from overseas hands - Opinion

Oct 06, http://www.iol.co.za/business/opinion/sa-can-help-pull-african-arbitration-from-overseas-hands-1.1760255

FORMER Kenyan High Court judge Edward Torgbor, now practising as a specialist arbitrator, says the parties in 99 percent of all African disputes are represented by lawyers and law firms based in the UK, the US and France.

Sweden awaits Indo-EU FTA to push business plans

Sep 29, http://www.deccanherald.com/content/432268/sweden-awaits-indo-eu-fta.html

Sweden is keen to take advantage of the long overdue and negotiated Free Trade Agreement (FTA) between India and its largest trading partner European Union (EU), said Swedish ambassador Harald Sandberg on Monday.

Sweden: Stockholm Chamber of Commerce launches a blog on ISDS

Oct 08, http://www.sccinstitute.com/?id=23696&newsid=47559

Blog: http://isdsbloggen.se/ttip-fakta/

The Stockholm Chamber of Commerce recently launched a blog about the dispute resolution mechanism Investor State Dispute Settlement (ISDS).

ISDS is the proposed dispute resolution method for the Transatlantic Trade and Investment Partnership (TTIP) and is a well-established legal method included in some 3000 bilateral investment treaties concluded by 200 states worldwide.

...

TPP ministerial talks set for Oct. 25-27 in Sydney

Oct 06, http://the-japan-news.com/news/article/0001615456

SYDNEY (Jiji Press) — Japan, the United States and 10 other countries taking part in Trans-Pacific Partnership free trade negotiations will hold a ministerial session in Sydney on Oct. 25-27, according to Australian Trade and Investment Minister Andrew Robb.

TPP Negotiators Make Important Progress on Agreement

Sep 29, http://www.ustr.gov/about-us/press-office/press-releases/2014/September/TPP-Negotiators-Make-Important-Progress-on-Agreement

Hanoi - Trans-Pacific Partnership (TPP) chief negotiators completed 10 days of intensive meetings today, making important progress across a range of issues as they continue their drive toward a comprehensive, high-standard agreement.

...

TPP: Remarks By Ambassador Michael Froman at the U.S. Chamber of Commerce and Center for Strategic and International Studies Symposium on the TPP

Sep 18, http://www.ustr.gov/about-us/press-office/speeches/2014/September/Remarks-by-Ambassador-Froman-at-US-Chamber-CSIS-TPP-Event

"The stakes for U.S. trade policy have always reached beyond the economic realm. As nuclear strategist and Nobel Prize winning economist Thomas Schelling once noted, "Trade is what most of international relations are about. For that reason trade policy is national security policy."

...

TTIP: 7th Round Transatlantic Trade and Investment Partnership (TTIP) Negotiations

Sep 29, http://trade.ec.europa.eu/doclib/press/index.cfm?id=1154

On the margins of the seventh round of negotiations, the Office of the U.S. Trade Representative (USTR) will host a forum to provide an update to all interested stakeholders on the status of the negotiations and to solicit their input and feedback. The forum will take place on Wednesday, October 1, 2014 from 11:00 a.m. - 4:30 p.m. at a TBD location in Chevy Chase, Maryland and will feature two separate components:

TTIP: EU-US trade – 7th round of talks on transatlantic trade pact ends in the US

Oct 06, http://trade.ec.europa.eu/doclib/press/index.cfm?id=1158

EU and US officials today ended a 7th round of week-long negotiations in Washington, D.C. (US) on the Transatlantic Trade and Investment Partnership (TTIP), a new EU-US trade and investment deal. The EU’s Chief TTIP Negotiator, Ignacio Garcia Bercero, made a statement at the end of the round.

We have again had a week of productive discussions. Negotiations are now moving smoothly into the textual phase, where discussions are based on specific textual proposals.

...

TTIP: France's latest calls for TTIP transparency fall on deaf ears

Sep 29, http://www.euractiv.com/sections/trade-industry/frances-latest-calls-ttip-transparency-fall-deaf-ears-308652

Matthias Fekl, the new French Secretary of State for Foreign Trade, has joined his predecessors in calling for the publication of the trade negotiation mandate between the EU and the United States. The continued lack of transparency in the negotiations could lead to the failure of TTIP.

Venezuela - Rafael Ramírez Carreño: A Favorable End For The Republic In The Long Legal Battle Of ExxonMobil Against The Country

Oct 09, http://www.pdvsa.com/index.php?tpl=interface.en/design/salaprensa/readnew.tpl.html&newsid_obj_id=12398&newsid_temas=1

The statement released by the the Minister for Foreign Affairs of the Bolivarian Republic of Venezuela, Rafael Ramírez Carreño, facing the decision of the arbitral tribunal ICSID...

Venezuela: ConocoPhillips files for arbitration against PdV

Oct 10, http://www.argusmedia.com/News/Article?id=934257

Caracas, 10 October (Argus) — ConocoPhillips has filed for arbitration against Venezuelan state-owned oil company PdV at the International Chamber of Commerce (ICC) in Paris seeking compensation for the expropriation of its stakes in the Petrozuata and Hamaca extra-heavy crude upgraders in Venezuela.

Venezuela: Gold Reserve Awarded $740.3 million by ICSID for the Expropriation of the Brisas Project

Sep 24, http://www.goldreserveinc.com/documents/grz%20nr%2014-09(1).pdf

Gold Reserve Awarded $740.3 Million by ICSID for the Expropriation of the Brisas Project by Venezuela.

Gold Reserve Inc. is pleased to announce that the three member Tribunal at the World Bank's International Center for the Settlement of Investment Disputes ("ICSID") has awarded the Company $740.3 million in accordance with the provisions of the Canada ­Venezuela Bilateral Investment Treaty ("BIT").

The Award represents $713 million for the fair market value of the Brisas Project, $22.3 million for interest on the Award since April 2008 based on the US Treasury Bill rate compounded annually and $5 million for reimbursement of legal and technical costs expended by the Company. Payment of the Award is due and payable immediately with any unpaid amounts accruing interest at Libor plus 2% per annum.

....

Venezuela: Holcim Ltd - Final compensation installment for nationalization of Holcim Venezuela delayed

Oct 06, http://www.holcim.com/media-relations/latest-releases/latest-release/article/final-compensation-installment-for-nationalization-of-holcim-venezuela-delayed.html

Holcim today announces that it has not yet received the last compensation installment in connection with the nationalization of Holcim Venezuela in 2008. The Corporación Socialista Del Cemento, S.A. that is operating the former Holcim plant has not transferred the remaining compensation amount of USD 97.5 million which was due on September 10, 2014. Holcim is in contact with the relevant parties in Venezuela to address this situation and, if necessary, will pursue all legal steps to collect the amounts due.

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.

ICSID

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