issue #04, week 06. 07 February 2008
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.
Comments, suggestions, news?
If you have news, comments or suggestions feel free to send them.
Archived issues
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Notice 2021: New publication:
Transnational Arbitration Observer (News & Analysis)
Covering international dispute management, arbitration, mediation, investment disputes (ISDS), and more...
TAO Twitter, TAO LinkedinLaunched 2022: Transnational Arbitration Observer (TAO) - https://taobserver.com/ - is a source of daily news and analysis aimed at keeping its readership abreast of recent developments in transnational arbitration (investment & commercial arbitration, mediation, and so forth). It complements the existing Transnational Dispute Management (TDM, ISSN 1875-4120) law journal. Visit https://taobserver.com/ and register for the daily headlines (email) or follow TAO on social media twitter.com/taobserver and linkedin.com/company/taobserver/ Questions? Contact info@maris.nl.
TDM
TDM: Published articles
- Investment Arbitration Update (As of December 31 2007)
- Investment Treaties and the Evolution in Their Negotiation and Application: The New Germany-China "BIT" and Its Relevance to International Financial Law Trends
- The Argentine Financial Crisis: State Liability Under BITs and the Legitimacy of the ICSID System
- The Indian Supreme Court Totally Abolishes the Statutory Distinction Between Domestic and Foreign Awards
- Treaty and Contract in Investment Arbitration
- The Protection of Legitimate Expectations As A 'General Principle of Law': Some Preliminary Thoughts
- Common Law Without Appeal
See https://www.transnational-dispute-management.com/journal-advance-publication.asp
TDM Special: UNCTAD Expert Meeting on Development Implications of International Investment Rule Making
Transnational Dispute Management
Volume 5, issue #01, published February 2008
UNCTAD organized an Expert Meeting on Development Implications of International Investment Rule Making, which took place in Geneva on 28 and 29 June 2007 with the participation of experts from 54 states and representatives of various intergovernmental and non-governmental organizations. This special feature puts together the contributions presented at the meeting. It also seeks to bring attention to UNCTAD's IIA-related activities, which build on more than 30 years of experience in matters related to foreign investment, trade and development.
You can find the table of contents here.
Young-OGEMID virtual symposia
Young-OGEMID is a free listserv associated with our Transnational Dispute Management law journal for Students and (junior) Associates - you can apply for your free membership here: www.transnational-dispute-management.com/young-ogemid/
Call for contributions
- Special Issue on Mergers and Acquisitions (M&A) Disputes and International Arbitration
Editor: Beata Gessel-Kalinowska vel Kalisz; Reviewers: Cecilia Carrara & Luminita Popa - Special Issue on Sanctions and International Arbitration: Impact on Substantive and Procedural Issues
Editors: Ali Burney, Rinat Gareev, Kiran Nasir Gore, Prof. Joel Slawotsky, May Tai - Special Issue on National Courts as a Forum for the Resolution of Disputes under Article 26 Energy Charter Treaty
Editors: John Gaffney, Richard Happ, Lucia Raimanova, Anna-Maria Tamminen, Catharine Titi - Special Issue on International Investment Arbitration - Environmental Protection and Climate Change Issues (Vol 4+)
Editors: Prof. Dr A F M Maniruzzaman, Kiran Nasir Gore, Prof. Dr Stephen Minas - Special Issue on The African Continental Free Trade Agreement (AfCFTA)
Editors: J. Chaisse, J. Górski, E. Laryea, M.M. Mbengue, and K. Olaoye
Recent issues:
- TDM 5 (2018) - Strategic Considerations in Energy Disputes
- TDM 6 (2018) - FDI Moot 2018
- TDM 5 (2018) - Regular issue
- TDM 4 (2018) - Time and Cost Issues in International Arbitration
- TDM 3 (2018) - Sir Elihu Lauterpacht QC
- TDM 2 (2018) - International Commercial and Investment Disputes in and with India
- TDM 1 (2018) - Regular issue
- TDM 5 (2017) - FDI Moot 2017
- TDM 4 (2017) - Comparative and International Perspectives on Mediation in Insolvency Matters
- TDM 3 (2017) - One Belt One Road (OBOR)
- TDM 2 (2017) - Non-Legal Adjudicators in National and International Disputes
- TDM 1 (2017) - Regular issue
- TDM 6 (2016) - FDI Moot 2016
- TDM 5 (2016) - Latin America (vol. 2)
- TDM 4 (2016) - Africa
- TDM 3 (2016) - Three Centuries of Arbitration for Peace
- TDM 2 (2016) - Latin America
- TDM 1 (2016) - CETA
- TDM 7 (2015) - FDI Moot 2015
- TDM 6 (2015) - Regular issue
- TDM 5 (2015) - Yukos Special - OGEL 5 (2015) - Yukos Special
- TDM 4 (2015) - ArbitralWomen/TDM: Dealing with Diversity in International Arbitration
- TDM 3 (2015) - Renewable Energy Disputes - OGEL 3 (2015) - Renewable Energy Disputes
- TDM 2 (2015) - Arbitration in the Middle East: Expectations and Challenges for the Future
- TDM 1 (2015) - The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century
- TDM 6 (2014) - Dispute Resolution from a Corporate Perspective
- TDM 5 (2014) - FDI Moot 2014
- TDM 4 (2014) - CILS - 8th Biennial Symposium on International Arbitration and Dispute Resolution
- TDM 3 (2014) - Regular issue
- TDM 2 (2014) - The New Frontiers of Cultural Law: Intangible Heritage Disputes
- TDM 1 (2014) - Reform of Investor-State Dispute Settlement: In Search of a Roadmap
- TDM 6 (2013) - FDI Moot 2013
- TDM 5 (2013) - Art and Heritage Disputes in International and Comparative Law
- TDM 4 (2013) - Ten Years of Transnational Dispute Management
- TDM 3 (2013) - Corruption and Arbitration
- TDM 2 (2013) - EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges
- TDM 1 (2013) - Aligning Human Rights and Investment Protection
- TDM 5 (2012) - Legal Issues in Tobacco Control
- A Liber Amicorum: Thomas Wδlde - Law Beyond Conventional Thought
- TDM 5 (2011) - Resolving International Business Disputes by ADR in Asia
- TDM 4 (2011) - Contingent Fees and Third Party Funding in Investment Arbitration Disputes
- TDM 3 (2011) - Intersections: Dissemblance or Convergence between International Trade and Investment Law
NEWS
UAE: Ministry of Economy completes draft federal law on arbitration
February 03, http://www.menareport.com/en/business,Economy_and_Trade/221768
The UAE Ministry of Economy (MoE) announced that it had completed the draft federal law on arbitration and the implementation of arbitral awards. The draft law complements Ministry efforts to modernize economic and trade laws and legislation to keep pace with current and future national economic growth.
The draft law, prepared by the MoE in cooperation with the Ministry of Justice, is expected to be ratified and issued within the next three months. The law will establish provisions for domestic and international arbitration in the UAE and will enforce arbitral awards consistent with international obligations, including the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention. It is based on the United Nations Commission on International Trade Laws' Model Law on International Commercial Arbitration adopted in June 21, 1985, as well as the latest developments and standards in international arbitration.
ICC: "Feeling the need to expand"
February 04, http://finchannel.com/index.php?option=com_content&task=view&id=5662&Itemid=52
The International Chamber of Commerce's (ICC) newly elected board of directors has started works on establishing an ICC International Arbitration Court in Georgia. This will be the first ever branch opened by ICC outside Paris.
US developer in $1bn Dubai property test case
February 1, http://www.ft.com/cms/s/0/55d99bae-d05f-11dc-9309-0000779fd2ac.html?nclick_check=1
A US real estate developer is suing a quasi-governmental Dubai firm for $1bn in damages, claiming its investment in a project in the emirate's property boom was unjustly cancelled amid a contractual dispute.
The dispute is now in front of the Dubai International Arbitration Centre - a test case for foreign investors seeking to resolve contractual disputes under the centre's new regulations passed last year to create a level legal playing field for foreign businesses in conflict with local interests. The prospect of protracted court cases in the emirate's antiquated legal system has put off many foreign companies from pursuing litigation.
PricewaterhouseCoopers ends dispute with tax service
January 29, http://en.rian.ru/analysis/20080129/97967759.html
An appeal of PricewaterhouseCoopers Audit (PwC division in Russia) against a decision by the Moscow Arbitration Court was dismissed on Monday. The court had recognized as illegitimate the Yukos audit performed by the company in 2002-2004. This will probably be the end of PwC's plight in Russia: after having paid to the federal budget the 16.76 million rubles received for the Yukos audit, the company will probably be allowed to continue operating in Russia, despite ominous forecasts.
The Moscow Arbitration Court agreed with all the arguments of the Federal Tax Service and with the auditor's complicity in Yukos's illegal tax schemes, thus essentially accusing PwC of violating professional standards. The tax service successfully proved that in performing the oil company's audit in 2002-2004, PwC produced two different documents. In the official version, it said that Yukos adequately reflected its financial status, but pointed out certain indicators which had been tampered with in the copy labeled "for management only." As a result, the court ruled that the auditor should remit to the federal budget the income from the deal, 16.76 million rubles.
Sempra Energy International v. Argentine Republic (Case No ARB/02/16) Award of the Tribunal (Sep 28, 2007)
Jan 30, 2008,
http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=viewCase&reqFrom=
Home&caseId=C8
International Centre for the Settlement of Investment Disputes (ICSID): Azurix Corp. v. The Argentine Republic Decision on the Argentine Republic's Request for a Continued Stay of Enforcement of the Award (December 28, 2007)
http://www.asil.org/ilib/2008/01/ilib080125.html#j2
The ad hoc Committee (Committee) unanimously decided that the stay on the enforcement of the arbitral award against Argentina should remain in place pending the determination of Argentina's application for annulment. The Committee refused to order a security during the remainder of the stay.
WEBLOGS
Latin America Banks on Independence - The new Bank of the South shatters neoliberal economics
http://www.informationclearinghouse.info/article19135.htm
In the closing weeks of 2007, a region in revolt against the economics of corporate globalization issued its most unified declaration of independence to date. On Dec. 9, standing before the flags of their countries, the presidents of Argentina, Bolivia, Brazil, Ecuador, Paraguay and Venezuela, along with a representative from Uruguay, gathered in Buenos Aires and signed the founding charter of the Banco del Sur, or the Bank of the South.
The Bank of the South will allow participating governments to use a percentage of their collective currency reserves to strengthen Latin America's economy and promote cooperative development. It plans to begin lending as early as 2008 with around $7 billion in capital.
PODCASTS
IDN: Lira Goswami & Karl Mackie
International Dispute Negotiation (IDN) is presented by CPR as an example of the ways professionals from different countries and backgrounds approach dispute resolution. The podcast is intended to help listeners understand the risks of disputes and shed insight on optimal ways of accepting, mitigating, and managing those risks in the real world, whether through mediation, arbitration, or litigation that arises far from home. The host is Michael McIlwrath, Senior Counsel, Litigation for GE Infrastructure - Oil & Gas.
New episodes are available for download:
IDN 12 - A conversation with Delhi attorney Lira Goswami
Join Mike as he discusses arbitration, mediation, and the way business deals
with litigation in India with Delhi attorney Lira Goswami.
IDN 11 - International Mediation: An Interview with CEDR's Karl Mackie
EVENTS
Frankfurt Investment Arbitration Moot Court
The Frankfurt Investment Arbitration Moot Court is the first international student competition focussing on investment protection. The students will present their arguments orally on 15 February 2008 before tribunals of arbitration and investment treaty specialists.
February 15 16 2008. Frankfurt am Main Chamber of Commerce and Industry, Germany
More information is available at www.investmentarbitrationmoot.com
White & Case Expands its Global Partnership with Jessup
http://www.whitecase.com/press_01282008/
White & Case LLP today announced the expansion of its role as Global Partner of the Philip C. Jessup International Law Moot Court Competition through its sponsorship of Jessup teams from developing countries and underwriting of additional national competitions. Administered by the International Law Students Association (ILSA) in nearly 90 countries, Jessup is the world's largest moot court competition, with more than 2,000 law students from almost 600 universities around the world participating annually in the competition.
LCIL Friday Lunchtime Lecture: "A New Framework for Understanding the International Legal System"
http://www.lcil.cam.ac.uk/news/article.php?section=26&article=617
Date: Friday 22nd February 2008, 13:00
Speakers: Dr Charlotte Ku, Assistant Dean for Graduate and International Legal Studies, University of Illinois College of Law; and Professor Paul Diehl, Henning Larsen Professor of Political Science, University of Illinois at Urbana-Champaign
Time: Lecture starts at 1pm (with lunch, sponsored by Cambridge University Press, from 12:30pm)
Venue: Finley Library, Lauterpacht Centre, 5 Cranmer Road, Cambridge
The Centre's Friday Lunchtime Lectures are recognised by both the Law Society and the Bar Council as Continuing Professional Development (CPD) accredited courses.
Short overview of upcoming events
- 18 - 21 Feb 2008
PIDA Training "International Contracts"
ICC
France - 23 Feb 2008
Adjudication Training and Assessment Course
HKIAC
Hong Kong - 26 Feb 2008
Hong Kong's Arbitration Law Reform Proposals. Steps in the Right Direction?
HKIAC
Hong Kong - 26 Feb 2008
New Arbitration Law of Austria which came into effect on 1 July 2006
DIS , UNCITRAL
Germany - 26 Feb 2008
The Proposed ABA Arbitrator "Best Practices" Disclosure Guidelines: Your Chance to Comment
International Law Section / International Dispute Resolution Committee , US Council for International Business, Arbitration Subcommittee for Washington DC , Washington, D.C. Chapter of the Chartered Institute of Arbitrators
United States of America - 27 Feb 2008
Enforcing the Final Decision in Domestic and International Law: How Realistic?
Freshfields Bruckhaus Deringer
United Kingdom - 01 Mar 2008
Joint LCIA Latin-American and Caribbean Users' Council and North American Users' Council Symposium
LCIA
Mexico - 05 Mar 2008
CEDR Exchange Forum
CEDR
Venue Unknown - 07 Mar 2008
Protection of Foreign Investments through Modern Treaty Arbitration
Swiss Invest Forum
Switzerland - 07 Mar 2008
Protection of Foreign Investments through Modern Treaty Arbitration
ASA Local Group Basel
Switzerland
The above information is reproduced from the International Arbitration Planner by kind permission of Lovells (www.lovells.com and www.lovells.com/arbitration). More details on these and many other events can be found at www.arbitrationevents.com
Foreign Direct Investment International Moot Competition ("FDI Moot")
Five institutions have come together to found the annual Foreign Direct Investment International Moot Competition:
- Center for International Legal Studies, Salzburg, Austria (Christian Campbell)
- Suffolk University Law School, Boston, Massachusetts (Prof. Christopher Gibson)
- Pepperdine University Law School, Malibu, California (Profs. Jack Coe and Roger Alford)
- Centre for Energy, Petroleum and Mineral Law, University of Dundee, Dundee, Scotland (Prof. Thomas Wälde)
- German Institution of Arbitration (DIS), Cologne, Germany
Suffolk Law School will host the first competition in 2008 in Boston, Massachusetts, the second competition will be hosted in Europe in 2009, and Pepperdine will host the third competition in 2010 near Los Angeles, California.
For more information, see www.FDIMoot.org
The FDI Moot promotes an understanding of international investment laws and of arbitration as an effective mechanism for the adjudicating international investment disputes. The event attracts not only the student participants but also lawyers from the around the world, who act as judges as part of a program that allows them also to discuss in a collegial environment developments affecting the field. The FDI Moot involves a hypothetical case in connection with an investment by a private foreign investor. Each year's hypothetical is prepared by the competition's Advisory Board, composed of distinguished academics and practitioners in the fields of international arbitration, investor-State arbitration and international investment regulation. The FDI Moot spans a period of approximately six months each year and has two phases: the writing of memoranda for claimant and respondent and the hearing of oral arguments based upon the memoranda.
2008 Inaugural FDI Moot Schedule
- Friday, 28 March 2008 - Posting of the Case
- Friday, 2 May 2008 - Registration Deadline
- Friday, 12 September 2008 - Deadline for Claimant and Respondent Memorials
Oral Rounds
- Friday, 31 October 2008 - Opening Ceremony, Reception
- Saturday, 1 November 2008 - Oral Hearings, Awards Dinner
- Sunday, 2 November 2008 - Semi-Final and Final Round Hearings, Announcement of Awards, Closing Ceremony
Please support the FDI Moot by bringing this opportunity to the attention of potential participants - law professors, students, team coaches, and law firms or businesses to sponsor the teams. If you would like to know more about the FDI Moot - sending a team, hosting an event at the finals, serving as an arbitrator or memorandum judge - please consult our website www.fdimoot.org or contact Anita Netzer (Program Coordinator CILS) or Christian Campbell (Assistant Director CILS) at:
FDI Moot
Center for International Legal Studies
PO Box 19, A-5033 Salzburg Austria
Fax +43 662 835399-22
Tel. +43 662 835399
www.FDIMoot.org
MOVES / JOBS
BIICL: Senior Research Fellow in Public International Law ("Dorset Fellow")
British Institute of International and Comparative Law
Senior Research Fellow in Public International Law
This year the British Institute of International and Comparative Law celebrates 50 years of independent research and activity concerning the rule of law within a dynamic international and comparative legal context. It is seeking to appoint an exceptional candidate as the Senior Research Fellow in Public International Law (known as the "Dorset Fellow") to lead the Institute's research and events programme in public international law at this exciting time.
Applications are invited from those who wish to be part of this intellectually engaging, practically relevant and collegial environment. Candidates must have an excellent record of high quality research in public international law. In addition, candidates must demonstrate academic leadership, a willingness to encourage others, administrative skills in organising conferences and other events, and an ability to engage well with those working in the field of public international law.
The Fellow will be appointed with a three-year contract (with possible extension) and a salary package of up to £45,000 per year, including superannuation, depending on qualifications and experience. It is hoped that the Fellow will be able to commence as soon as possible.
Interested candidates must apply by sending a CV, together with a covering letter, by email to . The closing date for applications is 29 February 2008.
Information about the Institute generally can be obtained at the Institute's website: http://www.bicl.org and further information about this post, including information elaborating on the criteria, can be obtained at: http://www.biicl.org/opportunities/dors et_further/ : Informal enquiries may be addressed to the Institute's Director, Professor Robert McCorquodale, at or + 44 (0)207 862 5151.
Michelle Sindler joins Olswang
http://www.olswang.com/newsarticle.asp?page=newssing&sid=136&aid=2049
Olswang is expanding its International Arbitration Group with the appointment of new Partner Michelle Sindler. Joining the Firm from Bär & Karrer in Switzerland, Michelle brings significant experience to Olswang in litigation and arbitration having acted for major corporates and global companies, banks, financial institutions, governments and government bodies. Her practice focuses on the pharmaceutical industry, joint ventures, licensing and international sales disputes, and disputes arising out of construction and industrial projects.
On expanding the team, International Arbitration Partner Richard Bamforth, said, "Michelle is a very highly regarded practitioner with truly international experience having worked in Australia, Paris and Switzerland as a Partner for the past 17 years. Her strong reputation as an arbitrator and mediator has great synergies with our highly regarded existing team and we are delighted that Michelle is joining the Firm. Her arrival re-affirms Olswang's commitment to growing its international arbitration practice in accordance with the needs of our clients and the current market."
Steven Y. H. Lim and Alejandro Escobar join International Dispute Resolution Group at Baker Botts
http://www.bakerbotts.com/infocenter/newsroom/detail.aspx?id=6aa805b0-2814-4322-9f98-04e8ca78e449
International arbitration lawyers Steven Y. H. Lim and Alejandro Escobar have joined Baker Botts L.L.P. as special counsel. Both have extensive experience representing clients in international arbitrations, including investment treaty and commercial disputes.
The addition of Lim and Escobar reflects the continued expansion of Baker Botts' international dispute resolution group. Lim, who joined the firm on January 1, 2008, is based in the Baker Botts Hong Kong office. Escobar will join the firm's London office on February 4, 2008. They will both handle dispute resolution and arbitration matters for clients arising throughout the world.
CRA International Vice President Tanya Bodell Appointed Vice Chair to the International Chamber of Commerce (ICC) Standing Committee of the International Centre for Expertise
http://investor.crai.com/phoenix.zhtml?c=97435&p=irol-newsArticle&ID=1100562&highlight=
CRA International, Inc. announced that Vice President Tanya Bodell has been appointed Vice Chair of the International Chamber of Commerce (ICC) Standing Committee of the International Centre for Expertise. The appointment is for three years.
"In appointing Tanya Bodell to its Standing Committee, the ICC has selected a talented and insightful leader," said James C. Burrows, CRA's President and Chief Executive Officer. "CRA congratulates Tanya on this well-deserved honor and appointment."
CIArb: 2008 Presidential Handover, Ms Teresa Cheng SC new President
http://www.arbitrators.org/Institute/Presidency.asp
CIArb held a ceremony to mark the official handover of the Presidency of CIArb, installing Ms Teresa Cheng SC as the President for 2008. The handover, which took place at the Institute's London offices, saw Ms Cheng assume the presidency from Mr Hew Dundas. Ms Cheng is a Senior Counsel of Hong Kong SAR, a Chartered Arbitrator and Accredited Mediator. She has held a number of senior appointments worldwide...
CIArb: CIArb appoints Prof Dr Karl-Heinz Böckstiegel as its new Patron
www.arbitrators.org
CIArb announced that Prof Dr Karl-Heinz Böckstiegel has accepted an invitation from the Institute's Board of Trustees to become CIArb's new 'Patron'.
Taking over from The Hon Mrs Anson Chan, former Head of Hong Kong's civil service, Prof Bckstiegel adds to the growing cadre of international dispute resolvers who are involved in the work and development of CIArb as a centre of professional excellence in the field of non-court conflict resolution.
The role of CIArb Patron is the Institute's most senior ambassadorial position and is carefully chosen and appointed by the Institute's Board of Trustees.
Prof Böckstiegel, the author of a dozen books and more than 300 articles, is Chairman of the Board of the German Institution of Arbitration. A former law firm partner, he has been from 1975 to 2001 Chair in international business law and director at the Institute of Air and Space Law of the University of Cologne of which he still is Professor Emeritus of the Law Faculty.
Other notable past positions include: President of the International Law Association, 2004 - 2006; President of the German Association for International Law, 1993 - 2006; President of the London Court of International Arbitration, 1993 - 1997; Panel Chairman of the UN Compensation Commission, 1994 - 1996; and President of the Iran-United States Claims Tribunal, 1984 -1988.
Commenting on the appointment, Doug Jones, Chairman of CIArb's Board of Trustees, said, "On behalf of the Institute, I would like to welcome Prof Böckstiegel as our new Patron. I am delighted that one of the world's most highly regarded practitioners in arbitration and alternative dispute resolution has accepted this role and we look forward to his valuable contribution to representing the Institute on the global stage and influencing its future development."
Mr. LIU Jing appointed of HKIAC as Deputy Secretary-General
http://www.hkiac.org/
The Hong Kong International Arbitration Centre (HKIAC), Asia's leading dispute resolution body, is pleased to announce the appointment of Mr. LIU Jing as Deputy Secretary-General with effect from 1 February 2008.
Mr. LIU, a former member of the China International Economic and Trade Arbitration Commission (CIETAC) Secretariat in Beijing, studied law in China and holds an LLM degree from the University of California at Berkeley. He also practiced law as a member of the international arbitration group of a major international law firm before joining the HKIAC. In his new position, Mr. LIU will be in charge of Mainland Affairs.
BOOKS
The Bank for International Settlements Arbitration Awards of 2002 and 2003 (Hardback)
Compiled by Permanent Court of Arbitration
Series: Permanent Court of Arbitration Award series, The second volume in the PCA Award Series.
http://www.cambridge.org/uk/906704234X
Fifty Years of the International Court of Justice (Paperback)
Edited by Vaughan Lowe, Malgosia Fitzmaurice
Critical review of the work and significance of the International Court of Justice over fifty years.
http://www.cambridge.org/uk/052104880X
Sovereignty over Natural Resources (Paperback)
Nico Schrijver
Series: Cambridge Studies in International and Comparative Law
An analysis of the evolution of permanent sovereignty from a political claim to a principle of international law.