issue #05, week 11. 23 March 2010
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

RUSAL wins appeal in Friguia case in guinean court

Mar 22, http://www.rusal.ru/en/news_details.aspx?id=6695

RUSAL, the world's largest aluminium and alumina producer, reports that Guinean appellate court ruled in the company's favor on its appeal regarding the bauxite and alumina complex Friguia. The appellate court held that the Guinean courts lack jurisdiction over the case regarding the RUSAL's asset in Guinea and therefore reversed the ruling issued by the Guinean lower court in September 2009. The RG may apply for cassation of the Court of Appeal's decision within two months. RUSAL views this decision as providing a favourable step toward expanding the long-term and mutually beneficial cooperation between RUSAL and the Republic of Guinea. RUSAL is committed to continuing its operations in Guinea as a long-term and good-faith investor and intends to strengthen its participation in the country's economic and social development.

A Statement by the Information Division of Rosneft Oil Company

Mar 18, http://www.rosneft.com/news/pressrelease/18032010.html

Due to reports made by a number of news media on the alleged "freeze" of all cash payments to Rosneft for exported crude oil, the Company Information Division is duly authorized to make an official statement on the fact that any reports of such kind are contrary to the actual situation.

Rosneft is fully meeting all its obligations with respect to crude oil and petroleum products deliveries, including those under export contracts. No restrictions of payments in US dollars for the oil delivered are in existence and any such statements are either a product of fictitious belief or premeditated misinformation.

At the same time a former YUKOS subsidiary, the Yukos Capital S.a.r.l., is currently taking steps in an attempt to enforce certain arbitration awards, which were previously reversed by the Russian Federation courts of all jurisdictions. For that purpose Yukos Capital filed a case with the Federal Court of the State of New York (USA) and on February 8, 2010 secured a temporary injunction with respect to making payments. On February 17, however, the injunction was lifted after Rosneft was given an opportunity to state its legal case and position.

During the hearings of March 17, 2010 the court of the State of New York found that it had no jurisdiction in the case, ruling that the only grounds for recognition of its jurisdiction could be the existence of Rosneft assets in the State of New York. The Court also granted the plaintiff approximately 60 days to locate such assets, saying that, if no such assets were to be found, the claim would be completely dismissed. The Federal Court of the State of New York has dismissed all other motions made by Yukos Capital.

In addition to that, based on a motion by Yukos Capital, on March 11, 2010 the Court of London ordered an attachment of the part of Rosneft property in England and Wales as an injunctive relief for the legal action to enforce the previous arbitration awards.

Rosneft believes that the said injunction order is groundless and is taking all necessary steps to protect its interests in courts. It must be noted, however, that the value of property attached under the English Court order is not material for Rosneft's commercial operations and cannot in any way affect the performance of the Company's obligations.

Rosneft says London court seizes some assets, no ban on payments

Mar 18, http://www.interfax.com/newsinf.asp?id=152603

Interfax - A London court on March 11 placed a seizure on some of the Russian oil company's assets located in England and Wales as an injunction while certain arbitration rulings are being fulfilled following a plea by Yukos Capital, the company said in a press release.

Rosneft May Focus on East After Yukos Dispute, Analyst Says

Mar 19, http://www.businessweek.com/news/2010-03-19/rosneft-may-focus-on-east-after-yukos-dispute-analyst-says.html

Bloomberg - OAO Rosneft, Russia's largest oil producer, may focus on Asia, rather than Europe, after Yukos Capital Sarl won a ruling freezing 425 million pounds ($648 million) in U.K. bank accounts, according to an analyst.

Arbitration court declares termination of Pécs Waterworks contract to be legal

Mar 19, http://bbjonline.hu/?col=1001&id=52104

The arbitration court of the Hungarian Chamber of Commerce and Industry has declared the decision of the Pécs city council to terminate its contract with the French-owned waterworks company Pécsi Vízmu (PV) to be legal, city Mayor Zsolt Páva (Fidesz) announced on Thursday.

Norwegian Energy Company ASA and Norsk Tillitsmann have agreed to arbitration

Mar 22, http://cws.huginonline.com/N/138447/PR/201003/1395897_5.html

Norwegian Energy Company ASA and Norsk Tillitsmann have agreed to let an arbitration panel resolve a disagreement regarding the conversion price in Noreco's convertible bond.

Norsk Tillitsmann is the trustee for Noreco's NOK 218.5 million convertible bond loan (ISIN NO 001036883.0), and is of the opinion that the conversion price should be adjusted from NOK 22.25 per share to NOK 16 per share as a result of a share issue in May 2009. This would increase the number of shares underlying the convertible bond by 3.8 million shares and represent a dilution of the existing shareholders by 1.6%. Noreco's opinion remains that that an adjustment of the conversion price is not warranted under the loan agreement and should not take place.

The bond loan agreement states that disagreements between the parties shall be settled by the ordinary courts. However, in order to create clarity on the issue as soon as possible, Noreco and Norsk Tillitsmann have agreed that the matter shall be finally resolved by arbitration in accordance with the Norwegian Arbitration Act. Consequently, the parties will now proceed with the appointment of the arbitration panel. It is currently anticipated that a final judgment from the arbitration panel can be expected within six months. Further announcement will follow when a final judgment is rendered by the arbitration panel.

Libya: General People's Congress Approves Important Laws Related to Promotion of Investment, Income Tax Cuts

Mar 20, http://tripolipost.com/articledetail.asp?c=1&i=4232

These laws include the promotion of investment law, income tax law, the stock market law, the customs law and the labor relations law.

FG Hemisphere Assoc. v. Congo & China Railway Group (HK App. Ct. Feb. 10, 2010)

Source: ASIL ILIB, March 18, http://www.asil.org/files/ilib100318pdf.pdf

Ruling, 101 pages: http://legalref.judiciary.gov.hk/lrs/common/ju/ju_frame.jsp?DIS=69729

A Hong Kong appeals court ruled that FG Hemisphere Associates (FG), a New York company that had acquired two default judgments (in the form of arbitral awards) against the Democratic Republic of the Congo (DRC), has the right to a portion of the of entry fees that the state-owned China Railway Group (China Railway) is paying DRC to develop the latter's infrastructure in return for the right to mineral resources.

See also "FG Hemisphere Associates Congo & China Railway Group" as highlighted in TDM News Digest 4 (2010): https://www.transnational-dispute-management.com/news/tdmnews-2010-04.htm

Source: ASIL ILIB, March 18: http://www.asil.org/files/ilib100318pdf.pdf

Gramara (Pvt) Ltd. v. Zimbabwe (Jan. 26, 2010); Von Abo v. South Africa (Feb. 5, 2010)

Source: ASIL ILIB, March 18, http://www.asil.org/files/ilib100318pdf.pdf

High Court of South Africa - North Gauteng High Court & High Court of Zimbabwe

Gramara decision (approximately 22 pages): http://www.kubatana.net/docs/landr/high_court_patel_gramara_goz_100126.pdf

Von Abo decision (approximately 15 pages): http://us-cdn.creamermedia.co.za/assets/articles/attachments/25768_vonabo:sagov.pdf

The Supreme Court of Zimbabwe has ruled that decisions by the Southern African Development Community (SADC) tribunal "are binding and enforceable within the territories of Member States," but that "such enforcement is governed by the rules of civil procedure for the registration and enforcement of foreign judgments." In other words, the government of Zimbabwe has the final say in determining whether a judgment should be enforced in its sovereign territory.

Syria - Arbitration is Effective Method to Resolve Investment Disputes

Mar 19, http://www.isria.com/pages/19_March_2010_56.php

Governor of Deir Ezzor Province Hussein Arnous said the most important among investing basics is the legal and legislative environment which regulates the relationship between the investor and other parties concerned.

Shell loses $15m in contract termination error

Mar 18, http://www.bailii.org/ew/cases/EWHC/Comm/2010/465.html

"The arbitrators, Michael Brindle QC, Ali Malek QC and Stephen York, held that Centurion were in repudiatory breach of contract and that they were in further breach in a manner which entitled Shell to exercise the contractual right to rescind. However they also held that Shell had neither accepted the repudiatory breach as terminating the contract nor exercised their contractual right of rescission. They had they said exercised a contractual right to terminate on 30 days' notice pursuant to clause 3.1.8 of the FIA. That right had been exercised by letter dated 22 December 2006. On the following day Centurion waived the notice period. It followed that the FIA terminated by operation of its provisions, and waiver of the notice period, in circumstances which invested Shell with no right to damages or recovery of sums paid under the Agreement. The arbitrators reserved determination of the quantum of Centurion's counter-claim."

Inca Initiates Magistral Arbitration

Mar 18, http://www.incapacific.com/s/NewsReleases.asp?ReportID=390100&_Type=News-Releases&_Title=Inca-Initiates-Magistral-Arbitration

Vancouver, BC, March 18, 2010 - Inca Pacific Resources Inc. (TSX-V: IPR) announces that Minera Ancash Cobre S.A. ("MACSA"), the Company's wholly-owned subsidiary in Peru, has initiated arbitration proceedings against Activos Mineros S.A.C. ("Activos Mineros") with respect to the Magistral Project. MACSA has also requested that notice of arbitration be served on the Agency for the Promotion of Private Investment ("ProInversion) and the National Fund for Financing State Enterprise Activity ("Fonafe").

MACSA has initiated the arbitration in response to the seizure by Activos Mineros of a US$3 million bond in October 2009 and the follow-on termination in December 2009 of the Mining Concession Transfer Agreement between Activos Mineros and MACSA ("Transfer Agreement") which governs the five core mining concessions within the Magistral Project. The Company has suffered significant damage from the actions of Activos Mineros and will be seeking monetary damages of approximately US$195 million. The Company will continue to work with the local community in Conchucos in seeing the Magistral Project through to a positive conclusion for the Company and our stakeholders.

Magistral Dispute

Under the Transfer Agreement, MACSA posted a bank guarantee of US$3 million as a performance bond in connection with MACSA's investment commitment for expenditures to be incurred at Magistral for the year ending February 2009. Over the course of 2009, MACSA and Activos Mineros disputed the amount spent. The 2009 expenditures were audited by PricewaterhouseCoopers which found that Inca Pacific and MACSA together had spent approximately US$15 million, compared with a commitment to spend US$12 million. Activos Mineros claimed that only US$4.6 million had been spent, since expenses incurred by Inca Pacific could not be considered for purposes of the Transfer Agreement. Activos Mineros also claimed that MACSA had failed to incur certain specific expenditures committed for the year ending February 2009. This dispute led to Activos Mineros calling the performance bond without any justification or support. Activos Mineros further demanded the immediate posting of a bond for $24 million for expenditures in 2009.

MACSA responded by asserting that Activos Mineros is in breach of the Transfer Agreement. MACSA demanded that Activos Mineros remedy its breach and reimburse the US$ 3 million. Furthermore, MACSA advised Activos Mineros that, as long as the breach was in place, MACSA would suspend the fulfillment of any other obligations under the Transfer Agreement, as permitted under Peruvian law.

In response to our demand for reimbursement of the US$3 million and notice of arrears, Activos Mineros notified MACSA that it had terminated the Transfer Agreement on the grounds of a non-existent breach by MACSA and had registered such contract termination in the public registration records of the mining concessions referred to in the Transfer Agreement.

For the past three months the Company attempted to find a legal and commercial solution to the Magistral dispute. The lack of progress in finding a commercial solution with Activos Mineros and ProInversion has left the Company no choice but to start arbitration. The Company has initiated the arbitration with a request that the Transfer Agreement be terminated for causes attributable to Activos Mineros, and that the Company be compensated for resulting damages.

Arbitration Proceedings

Disputes under the Transfer Agreement are handled through arbitration and are governed by the Arbitration Regulations of the National Institute of Mining and Petroleum Law. Each party selects an arbiter with the two arbiters selecting a third arbiter. It is anticipated that once the arbitration panel has been named, the arbitration proceedings could last up to 12 months. However, the Transfer Agreement dictates that the arbitration procedure must not take more than 120 days, something the Company will look to enforce. All decisions by the arbitration panel are final and no appeal can be filed to contest the arbitration panel's decision.

Damages Claimed

The Company is seeking monetary damages of US$195 million. The amount of damages reflect the US$3 million performance bond seized, the Company's investment in Magistral to date of approximately US$40 million, and the loss of the project which has a net present value (NPV) based on the Company's Feasibility Study of US$152 million (at prices of US$1.50/lb copper and US$12/lb molybdenum). The Feasibility Study was accepted and approved by Activos Mineros in 2008.

The disputed concessions are five of the twenty-six contiguous concessions held by MACSA in the Magistral Project area. While the five disputed concessions contain the bulk of the known copper/molybdenum mineralization, the other concessions have several other mineral occurrences which MACSA will continue to evaluate.

The Company will continue to seek a commercial resolution with government representatives as we believe that an agreement that allows the project to be developed in the short term is in the best interest of all the stakeholders. In addition, the Company will continue its community relations program in the Conchucos region.

ICC unveils new rules for demand guarantees

Mar 18, http://www.iccwbo.org/collection13/folder47/id35406/printpage.html?newsxsl=&articlexsl=

In an effort to provide greater financial security following the global recession, the International Chamber of Commerce (ICC) today unveiled an extensively revised version of the Uniform Rules for Demand Guarantees (URDG), which will be instrumental in adopting uniform practices in trade finance.

Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) The Court to hold public hearings from Monday 19 to Friday 23 April 2010

Mar 17, http://www.icj-cij.org/presscom/index.php?pr=2265&pt=1&p1=6&p2=1

THE HAGUE, 17 March 2010. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, will hold public hearings in the case concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) from Monday 19 April to Friday 23 April 2010, at the Peace Palace in The Hague, the seat of the Court. More about the case history here http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=gc&case=103&k=7a

Sixty-eight percent of Venezuelans reject expropriations

Mar 17, http://english.eluniversal.com/2010/03/17/en_eco_esp_sixty-eight-percent_17A3601371.shtml

Oscar Schemel, the president of polling company Hinterlaces, says that the post-Chávez era started from the implementation of devaluation. He stressed that 65 percent of respondents believe that Chávez must leave office in 2012.

Eurocement ex-shareholder claims $600 mln from former partner

Mar 17, http://en.rian.ru/russia/20100316/158225120.html

RIA Novosti - Russian businessman Georgy Krasnyansky is suing his former business partner at Eurocement Holding AG for a total of $600 million, with the latest $35-million claim registered with a Moscow Arbitration Court on Monday. The latest lawsuit was filed by Krasnyansky's Cyprus-based GLK Investment Limited against GFI Investments Limited and Eurocement Holding AG (Switzerland), a group of companies owned by Russian businessman Filaret Galchev, according to court materials.

Bill Browder: Yukos lawyers acquire 'huge weapon'

Mar 18, http://www.telegraph.co.uk/finance/newsbysector/energy/7466845/Yukos-lawyers-acquire-huge-weapon-says-Bill-Browder.html

Lawyers for bankrupt Russian oil giant Yukos have acquired a "huge weapon" in their battle with Rosneft, the state-owned oil company that acquired its former rival's assets three years ago, according to exiled fund manager William Browder.

Rosneft Stock Falls on Fear of Seizures

Mar 18, http://www.nytimes.com/2010/03/18/business/global/18yukos.html

Shares in Russia's state oil company, Rosneft, slumped Wednesday after the company was said to have warned its trading partners that a British court could seize assets under a lawsuit filed by former executives of Yukos Oil, The New York Times's Andrew E. Kramer reported. See also http://dealbook.blogs.nytimes.com/2010/03/18/rosneft-stock-falls-on-fear-of-seizures/

Rosneft faces export deadlock as YUKOS attacks

Mar 17, http://in.reuters.com/article/idINWLB022020100317

Reuters - Russian state oil major Rosneft (ROSN.MM: Quote, Profile, Research) faces an export deadlock after bankrupt rival YUKOS won U.S. and British court injunctions making cash payments to Rosneft in the West very complicated, sources told Reuters.

US Court reassert the decision about Pasadena Refinery

Mar 12, http://www.agenciapetrobrasdenoticias.com.br/en_materia.asp?id_editoria=11&id_noticia=8125

Petrobras informs that on March 10, 2010, the United States District Court for the South District of Texas confirmed an arbitration award issued on April 10, 2009 that found that Petrobras America Inc. (PAI), an indirect affiliate of Petróleo Brasileiro S.A. - Petrobras, acquired 100% of the interest held by Astra Oil Trading NV (Astra) in the Pasadena Refining System, Inc. (PRSI) and PRSI's related trading company (Trading Company).

In October 2008, an arbitration panel issued a preliminary decision establishing the validity of certain put-options exercised by Astra and its affiliates in PRSI and the Trading Company. The preliminary arbitral decision found that a closing should have occurred as of September 17, 2008, resulting in PAI, an indirect subsidiary of Petróleo Brasileiro S.A. - PETROBRAS (Petrobras), owning 100% of PRSI and the Trading Company and controlling such entities.

In April 2009, the arbitration panel issued a final decision, reaffirming the rulings in its preliminary decision and setting the put-option exercise price for PRSI at US$296 million. The purchase price for the Trading Company was based on the market price of its inventory as of July 1, 2008, totaling approximately US$170 million. The purchase prices for PRSI and the Trading Company jointly amount US$ 466 million.

The arbitrators also found that Astra was entitled to reimbursement of Astra's proportionate share of the payment of certain Trading Company debts, interest as well as attorneys' fees and arbitration costs (totaling US$ 173 MM). The full amount set forth in the arbitral decision was approximately US$639 million. The impacts of such contingency have been considered on the first quarter 2009 balance sheet, as provided in note 11.4 of the Quarterly information-ITR 2009 (Similar to 10-Q) - 3rd Quarter 2009 - released to the market by Petrobras on November 13, 2009.

Later in April 2009, Astra delivered to PAI the stock power and assignments relating to the PRSI shares and the Trading Company partnership interests at issue in the arbitration.

PAI is considering to appeal against the March 10, 2010 ruling.

First Quantum in $12bn court farce

Mar 16, http://www.mineweb.co.za/mineweb/view/mineweb/en/page72068?oid=101018&sn=Detail&pid=1

First Quantum, the African copper-gold miner, on Tuesday announced 2009 results that include an eye-popping account of how its apparent foes, in the Democratic Republic of the Congo, have asked a court there for "an unsupported request for up to USD 12 billion in damages".

TNK-BP Files RUR 1bn Suit Against Customs

Mar 16, http://www.oilandgaseurasia.com/news/p/0/news/6739

TNK-BP, one of Russia's largest oil companies, filed a suit in court against the Russian Federal Customs Service (RFCS) over a decision the service made in December 2009 seeking 921.58 million rubles from TNK-BP. The suit was filed in the Moscow Court of Arbitration, K2K NEWS reports.

No 'crude expropriation' of BP gas field: Russian minister

Mar 11, http://www.nst.com.my/Current_News/NST/articles/20100311202832/Article/index_html

A top Russian official said Thursday there should be no "crude expropriation" of a huge Siberian gas field owned by a unit of British energy giant BP amid a dispute over its license.

Abu Dhabi Investment Authority takes first step toward transparency

Mar 17, http://gulfnews.com/business/general/abu-dhabi-investment-authority-takes-first-step-toward-transparency-1.598776?localLinksEnabled=false

The Abu Dhabi Investment Authority (Adia) on Monday published its first annual review listing its long-term results and investment strategy. Many sovereign wealth funds (SWFs) have been criticised for a lack of transparency, and some western officials and politicians have in the past expressed concern over investments in sensitive institutions and companies.

... Adia's most high-profile investment has been in Citigroup. However, the relationship has soured — the fund has an arbitration claim against the US bank, alleging it was the victim of "fraudulent misrepresentations" over a $7.5 billion investment in November 2007.

Date set for arbitration hearing between Aquarius Platinum SA (Pty) Limited (AQPSA) and Sylvania

Mar 16, http://www.sylvaniaresources.com/im/press/2010/Half%20Year%20Ended%2031%20December%202009.pdf

A date for the arbitration hearing for the on-going dispute between Aquarius Platinum SA (Pty) Limited (AQPSA) and Sylvania regarding the submission by Sylvania of an application for a Mining Right over Mineral Area 2 of the farm Vygenhoek in the Province of Mpumulanga, has been set for July 2010. Sylvania and its legal advisors are optimistic that the matter will be resolved in Sylvania's favour. The environmental impact assessment program is ongoing internally, however official submissions will only resume once the outcome of the arbitration has been determined.

Sucampo Pharmaceuticals Reports on Takeda Dispute

Mar 15, http://investor.sucampo.com/phoenix.zhtml?c=201197&p=irol-newsArticle&ID=1402456&highlight=

On March 12, 2010, Sucampo submitted for filing with the International Court of Arbitration, International Chamber of Commerce a demand for arbitration under the applicable provisions of the Collaboration and License Agreement between Sucampo and Takeda Pharmaceuticals Company Limited dated October 29, 2004. In addition to the claims set forth in the notice of material breach, Sucampo also claimed that Takeda's conduct, including, without limitation, its dealings with pharmacy benefit managers/managed care organizations, has injured not only Sucampo and the Amitiza brand, but also consumers. Sucampo is seeking all appropriate relief, including production by Takeda of all information to which Sucampo is entitled, a declaration of termination of applicable agreements, and all available monetary relief, equitable relief, attorneys' fees and costs. Sucampo may spend additional significant resources and these legal proceedings may require the continuing attention of Sucampo's senior management.

Announcement regarding arbitration initiated by Global Investment House

Mar 15, http://www.globalinv.net/pdfs/InvestorRelations/15Mar2010AnnouncementregardingarbitrationinitiatedbyGlobal.pdf

Global Investment House ("Global" or the "Company") announced today that it has initiated two arbitration proceedings at Kuwait Center for Commercial Arbitration, details of which are as follows: Arbitration proceedings case reference 40/2010 against Madinat Al Kuwait Holding Company: Global has initiated arbitration proceedings for the amount of Kuwaiti Dinars 11,575,175/- (Kuwaiti Dinar eleven million, five hundred seventy five thousand and one hundred seventy five only) representing the value of a repurchase agreement whereby Madinat Al Kuwait Holding failed to honor its commitment to buy back from Global, in consideration of cash, the entire share capital of Al Seif Company for Project Management. Further Global is seeking reimbursement of all legal and arbitration expenses and compensation for moral and monetary damages incurred by Global as a result of Madinat Al Kuwait Holding's failure to honor its commitments. Arbitration panel has decided to issues its judgment in the 1 April 2010 session.

Arbitration proceedings case reference 41/2010 against Al Madina for Finance and Investment ("Al Madina"): Global has initiated arbitration proceedings against Al- Madina for Finance and Investment for the amount of USD 10,011,224 and 50/100 (US Dollars ten million, eleven thousand two hundred and twenty four and fifty cents) or its equivalent in Kuwaiti Dinars representing the strike value of a put option granted by Al Madina for the shares of Hits Africa, whereby Al Madina committed to buy back the shares in consideration of cash at the strike price of the put option granted to Global. On 16 December 2008 Global sent a written notification to Al Madina confirming its intention to exercise the option and sell back the shares to Al Madina. However, Al Madina failed to honor its commitment. Further Global is seeking reimbursement of all legal and arbitration expenses and compensation for moral and monetary damages incurred by Global as a result of Al Madina for Finance and Investment's failure to honor its commitments. Arbitration panel has decided to issues its judgment in the 1 April 2010 session.

GAMUDA BERHAD receives request for arbitration by Bahrain Asphalt Establishment B.S.C.

Mar 11, http://www.gamuda.com.my/GAMUDA05/fileupload/Reply%20to%20Query,%20BAE%20(11.3.10).pdf

We refer to Bursa Malaysia Securities Berhad's letter dated 10 March 2010 on the above matter and furnish below the additional information as requested:-

1. The date of the Request For Arbitration by BAE. The Request For Arbitration to the International Chamber of Commerce (ICC) was dated 23 February 2010. We received ICC's notification of BAE's request on 4 March 2010.

2. GAMUDA's total cost of investment in the JV. GAMUDA's investment in the JV comprised of capital expenditure on plant and machinery. As the project had been completed in August 2009, some of the plant and machinery had since fully depreciated and some had been transferred to the Company's other projects for utilisation.

3. The financial and operational impact of the claim on the Group. The financial impact of the claim can only be ascertained upon the conclusion of the arbitration proceedings. However, as the Company believes it has a good defence against the claims, they are not expected to have a material impact on the Group. There is no operational impact as the project had been completed since August 2009.

4. The expected losses, if any, arising from the claim. The expected losses, if any, arising from the claim can only be ascertained upon the conclusion of the arbitration proceedings. However, as the Company believes it has a good defence against the claims, any losses thereof were not expected to be significant to the Group.

Canada Tables Free Trade Agreement with Colombia

Mar 10, http://www.international.gc.ca/media_commerce/comm/news-communiques/2010/098.aspx?lang=eng

The Honourable Peter Van Loan, Minister of International Trade, and the Honourable Jean-Pierre Blackburn, Minister of Veterans Affairs and Minister of State (Agriculture), today followed through on a commitment made in last week's Speech from the Throne by tabling legislation to implement the Canada-Colombia Free Trade Agreement. At the same time, the government is also tabling parallel labour and environment agreements with Colombia.

"International trade is critical to our economic recovery," said Minister Van Loan. "As we move beyond stimulus spending and diversify opportunities for Canadian business abroad, this free trade agreement will help Canadians prosper. At this time of global economic recovery, Canadians can count on our government to oppose protectionism and defend free and open trade on the world stage. Canadian businesses and workers can compete with the best in the world, and this agreement will help them do it."

The Canada-Colombia Free Trade Agreement will provide greater market access for Canadian exporters of goods such as wheat, pulses, barley, paper products and heavy equipment. An increasing number of Canadian investors and exporters are entering the Colombian market, and it is also a strategic destination for Canadian direct investment, especially in mining, oil exploration, printing and education.

"The Free Trade Agreement, along with its parallel agreements on labour and the environment, is but one of several Government of Canada instruments that support Colombia's efforts toward greater peace, security and prosperity," said Minister Van Loan.

Under the Labour Cooperation Agreement, Canada and Colombia agree to respect and enforce internationally recognized labour standards and principles, such as freedom of association, the right to bargain collectively, and the elimination of child labour, forced labour and workplace discrimination. The Agreement on the Environment commits Canada and Colombia to pursuing high levels of environmental protection as the two countries intensify their commercial relationship, and to avoid weakening their environmental laws to encourage trade or investment.

This free trade agreement is part of a broader international trade strategy to improve Canadian companies' access to key international markets and to enhance opportunities for Canadian exporters and investors. Canada has free trade agreements in force with Chile, Costa Rica, the European Free Trade Association countries, Israel, Peru, and Mexico and the United States together. It has concluded free trade negotiations with Jordan and Panama. Canada is continuing trade talks with the Caribbean Community, Central America, the Dominican Republic, the European Union, India and the Republic of Korea.

Tobacco Company Files Claim against Uruguay over Labelling Laws

Mar 10, http://ictsd.org/i/news/bridgesweekly/71988/

Measures taken by Uruguay to deter smokers have drawn a legal challenge by one of the world's largest tobacco companies under a treaty designed to protect foreign investors.

Ecuadoreans appeal allowing of Chevron arbitration

Mar 18, http://www.scientificamerican.com/article.cfm?id=ecuadoreans-appeal-allowi

Reuters - Ecuadorean plaintiffs have appealed a U.S. judge's decision to allow Chevron Corp to seek arbitration of a case of alleged pollution in the Amazon rainforest with a potential $27 billion liability.

Ecuador: Chevron Bets on Arbitration Case

Mar 15, http://www.latinbusinesschronicle.com/app/article.aspx?id=4050

... "The decision ...was important because it preserves Chevron's ability to continue with the arbitration in a neutral forum," says Ed Kehoe, co-head of the International Arbitration Practice at U.S. law firm King & Spalding and an attorney for Chevron in this and other arbitration cases. "It is quite significant because what Ecuador was attempting to do was stop Chevron from being able to challenge the treatment it has received in Ecuador from the government in the international forum." ...

Ecuador may appeal U.S. court's decision in legal battle with Chevron

Mar 12, http://www.poten.com/NewsDetails.aspx?id=10410059

Quito, EFE - The Ecuadorian government may appeal a U.S. court's decision not to block Chevron from pursuing an arbitration claim against Quito related to a massive environmental lawsuit. Ecuador's Attorney General's Office responded after U.S. District Court Judge Leonard Sand in Manhattan ruled Thursday that an arbitration tribunal in the Netherlands can hear Chevron's claim that Ecuador's "exploitation" of an ongoing multi-billion-dollar lawsuit in the Andean nation violated its obligations under a bilateral treaty.

NYC judge rejects Ecuador's attempt to stop Chevron arbitration bid in environmental lawsuit

Mar 11, http://abcnews.go.com/Business/wireStory?id=10077172

The Associated Press - A judge ruled Thursday that Chevron can proceed with an international arbitration claim against Ecuador related to a 17-year-old court battle over rain forest contamination in that South American nation. U.S. District Judge Leonard Sand in Manhattan rejected an attempt by Ecuador to block the arbitration but also said his decision was limited in scope and left the arbitration panel to decide what, if anything, it will hear and when. His ruling does not directly affect the lawsuit Chevron is fighting in Ecuador, where a court-appointed expert has recommended the oil company pay up to $27 billion for environmental damages and related illnesses.

Chevron Asks Judge to Allow Arbitration Over Ecuador

Mar 10, http://www.businessweek.com/news/2010-03-10/chevron-asks-judge-to-allow-arbitration-over-ecuador-update1-.html

Bloomberg - Chevron Corp. asked a federal judge to allow an arbitration panel to resolve a court fight over an environmental cleanup in Ecuador that might cost as much as $27 billion.

Venezuela mulls action against Cemex

Mar 12, http://in.reuters.com/article/governmentFilingsNews/idINN1213539520100312

CARACAS, Reuters - Venezuela is considering legal action to force Mexican cement company Cemex to return ships it removed from the country during a nationalization dispute, Oil Minister Rafael Ramirez said on Friday. He also said Venezuela was close to a deal to compensate Switzerland's Holcim and France's Lafarge SA, two other cement-makers also affected by the government's 2008 takeover of the industry.

Venezuela: Mendoza's Polar beer Co. to contest expropriation of Barquisimeto storehouse

Mar 18, http://www.pr-inside.com/venezuela-mendoza-s-polar-beer-co-r1784482.htm

The Polar company belonging to the powerful Mendoza group has stated that it will go to the Supreme Tribunal of Justice (TSJ) to fight the expropriation of its storage plant in Barquisimeto (Lara), alleging the measure is illegal and contravenes the right to free commerce and work.

Business sector terms inadmissible expropriation of Polar facilities

Mar 18, http://english.eluniversal.com/2010/03/18/en_eco_esp_business-sector-term_18A3608091.shtml

The chapter of the Federation of Trade and Industry Chambers (Fedecámaras) in the state of Lara will submit on Thursday to the Mayor's Office of Iribarren Municipality a technical report prepared by a team of engineers which provides the reasons why the lands located in the industrial area I of Barquisimeto are not suitable for housing construction.

Venezuela seizes top food producer's property

Mar 10, http://www.google.com/hostednews/ap/article/ALeqM5hZXur4mhozS8bGSqX95ptq3TVv3QD9ECL4UG1

AP - CARACAS, Venezuela - A mayor loyal to Venezuelan President Hugo Chavez has ordered the expropriation of property owned by the country's largest food producer.

Warehouses belonging to Venezuela's largest food producer targeted for expropriation

Mar 10, http://www.canadianbusiness.com/markets/market_news/article.jsp?content=D9EC0DG01

AP - Allies of Venezuelan President Hugo Chavez have cleared the way for the expropriation of warehouses owned by the country's largest food producer. Pro-Chavez councilmen in the city of Barquisimeto declared Wednesday that the warehouses belonging to Empresas Polar are of "public and social utility."

Venezuelan officials take control of 2 sugar mills

Mar 10, http://www.google.com/hostednews/ap/article/ALeqM5iOa4fCA0fe0w_7diUOUboXGPwswwD9EBG81O1

CARACAS, Venezuela - Venezuela's government seized control of two sugar mills Tuesday and threatened to expropriate them, accusing managers of hoarding a basic good and violating the labor rights of employees. Commerce Minister Richard Canan said authorities were taking over management of the Santa Elena and Santa Clara mills in the central state of Portuguesa for 90 days "to guarantee the operations of the mills, so our people don't go without sugar."

No amicable deal for Astro-Lippo case in sight

Mar 11, http://biz.thestar.com.my/news/story.asp?file=/2010/3/11/business/5839864&sec=business

PETALING JAYA: Usaha Tegas Sdn Bhd's sale of its shares in Singapore-listed Overseas Union Enterprise Ltd (OUE) to the Lippo group has no positive bearing on the outcome of the parties' acrimonious battle involving Astro All Asia Networks plc, a reliable source said.

Gazprom is expecting a $135 million compensation from Lithuanian government

Mar 9, http://neftegaz.ru/en/news/view/93387

Gazprom wants about $135 million from Lithuania to compensate for losses that it says were caused by the country changing a deal on heating prices, a statement from a plant owned by Gazprom said. Regional power plant Kauno Termofikacine Elektrine, owned by Gazprom, said on its web site that the firm wanted the compensation for losses allegedly incurred from 2003 through 2008. It quoted a letter sent by Gazprom to Lithuanian Prime Minister Andrius Kubilius.

See also "Kubilius shrugs off Gazprom demand" http://www.baltictimes.com/news/articles/25045/

CAT Telecom to resolve dispute through arbitration process

March 8, http://www.nationmultimedia.com/search/read.php?newsid=30124138&keyword=Thaksin

CAT Telecom is in the process of submitting to arbitration its dispute with its private concession holder, Digital Phone Co, over DPC's ongoing low charge to Advanced Info Service for network roaming. CEO Jirayuth Rungsrithong said last week that the case would be filed with the arbitration panel as both parties could not reach an agreement on the rate. DPC is a cellular service subsidiary of AIS. The company still charges AIS Bt1.10 per minute for roaming, while CAT wants DPC to resume charging AIS the original rate of Bt2.10. CAT had allowed DPC to lower the roaming fee for AIS to Bt1.10 per minute in June 2006, but only until March 2007.

Jirayuth said CAT had begun preparing the DPC case for arbitration before the Supreme Court's Criminal Division for Holders of Political Positions delivered its verdict on the asset case of ousted prime minister Thaksin Shinawatra on February 26. The court ruled that Thaksin had illegally concealed his massive stake in Shin Corp as well as had exercised his authority to benefit Shin Corp businesses ranging from AIS to Thaicom.

Mvela Resources reports that the arbitration hearing for the Khumama Platinum dispute has been set for the first two weeks of May 2010

Mar 9, http://www.mvelares.co.za/pr_080310.php

Mvela Resources is pleased to report that the arbitration hearing for the Khumama Platinum dispute, has been set for the first two weeks of May 2010 and anticipate a resolution to this dispute before the end of the current financial year. While Mvela Resources welcomes the fact that the arbitration can now proceed, the unbundling process cannot, unfortunately, be concluded until a ruling has been given. As such, the unbundling strategy is likely to be delayed until the first half of financial 2011.

Mvela Resources has maintained an open dialogue with the JSE Limited regarding the unbundling process and due to the delay originating from the outstanding arbitration, the JSE Limited has granted Mvela Resources dispensation from the Pyramid Company rules until the end of June 2010. Mvela Resources will continue in its attempts to simplify the corporate structure and unlock value for its shareholders in as an efficient and timeous manner as is possible and will keep the JSE Limited informed as to its progress with the unbundling strategy.

EVENTS

International Investment and ADR - Preventing and Managing Investment Treaty Conflict March 29

March 29, Lexington, Virginia, US. http://investmentadr.wlu.edu/symposium/

The Washington and Lee University School of Law and UNCTAD Joint Symposium on Investment and Alternative Dispute Resolution (ADR) will bring together academics, governments, practitioners, investors, representatives from international organizations and non-governmental entities from around the world to discuss International Investment Agreements (IIAs) and Alternative Dispute Resolution (ADR).

Sixth Annual Leading Arbitrators' Symposium on the Conduct of International Arbitration - Vienna, Austria 29 March 2010

This will be an opportunity for arbitrators and arbitration counsel to hear the World's leading international arbitrators discuss in very practical terms how they approach each stage of an international arbitration. The first three sessions will each address one stage of the arbitral process: pre-hearing activities, the hearing itself, and the process of getting from the hearing to a final award. The final session will involve a review of current "hot topics" and trends in international arbitration from around the World.

Foreign Investment Law in Azerbaijan, Kazakhstan and Russia: Balance of Interests in Transition Countries

9 Apr 2010 - 11 Apr 2010 Kiel. http://webcl3top.rz.uni-kiel.de/investmentlaw/en/index.php

International conference within the framework of the project supported by Volkswagen Foundation (Germany). Topics include: Investment treaties; Fair and equitable treatment and national law; National foreign investment law of the project countries; Foreign investment law and corrupt practices; The state and state corporations in foreign investment law; Foreign investment in the subsoils sector; Foreign investment in the energy sector.

Dispute Resolution in the International Oil & Gas Business. 19-21 April 2010

Houston, Texas, USA, http://www.aipn.org/conferences/conferences_details.asp?id=395

AIPN and ICDR jointly present a panel of international corporate counsel and arbitration experts in an essential conference covering all aspects of global energy disputes. Days 1 and 2 will cover Dispute Resolution in the International Oil & Gas Business. Day 3 will cover Boundary Disputes in the Energy Sector.

Fourth Annual Investment Treaty Arbitration Conference: A Debate and Discussion Investment Arbitration in the Asia-Pacific Region, Washington, D.C. 30 April 2010

The fourth annual conference continues the tradition of focusing on four topical and pressing issues – by establishing a dialogue between some of the brightest new stars in the field and some of its most seasoned practitioners. Eight up-and-comers are preparing papers on four of the most controversial and important issues in international investment law today. On April 30th our young authors will pair up to defend their positions before a panel of arbitrators, arbitration specialists and experts in international investment law. The discussion and debate that will follow is sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.

Dispute Resolution in M&A Transactions Tactics, Challenges, Defences - 13-14 May 2010

13-14 May 2010, Warsaw, Poland. Le Meridien Bristol Hotel
http://www.sadarbitrazowy.org.pl/en/conference13-14may2010

The first international conference on arbitration in Poland of such importance. Polish and international prominent panellists and guests, specialized in arbitration, are invited. The conference is held under the honorary auspices of the Minister of Foreign Affaires of the Republic of Poland, Mr. Radoslaw Sikorski.

Topics: - Dispute settlement in M&A transactions; - Pre-closing and post-closing disputes; - Disputes concerning representations and warranties; - The ICC model M&A contracts; and - Business and public interests in M&A disputes

Speakers include: Dr. Beata Gessel-Kalinowska vel Kalisz, Yulia Andreeva, Dr. Andrzej Kremer, Dr. Henryka Bochniarz, Prof. Andrzej Szumanski, Prof. Dr. Gerhard Wegen, Frederick R. Fucci, Sarah François-Poncet, Simon Greenberg, Murray Rosen QC, Prof. Stanislaw Soltysinski, Wendy J. Miles, Hans G. Bagner, Dr. Alice Broichmann, Bartosz Kruzewski, Prof. Dr. Henry Peter, Piotr Nowaczyk, Dr. Karl J.T. Wach, Prof. Jesús Almoguera, Cyrus Benson, Justin Michaelson, Tomasz Wardynski, Prof. Dr. Irene Welser, Charles Adams, Prof. Dr. Siegfried H. Elsing, Alexis Mourre, Dr. Rudolf Tschäni, Vilija Vaitkute Pavan, Dr. Cristina Martinetti, Dr. Philipp Habegger, Barbara Porayska-Pomsta, Pedro Serret Salvat, Marvelle Sullivan, Juliet Blanch, Elzbieta Buczkowska-Krzysków, Barton Legum, Sophie Nappert, Prof. Jerzy Rajski.

8th Colloquium hosted by Young Arbitration Practitioners: Arbitration in Changing Times

May 26, 2010 – Sofitel Rio, Rio de Janeiro. Brazil. https://iccario2010.websiteseguro.com/yap-registration/form/

On Wednesday, May 26, 2010, the eighth Colloquium organized by the Young Arbitration Practitioners ("YAP") and hosted by the Comitê Brasileiro de Arbitragem (Brazilian Arbitration Committee, "CBAr") will be held at the Sofitel Rio in Rio de Janeiro, on the topic of Arbitration in Changing Times.

Speakers include: V.V. Veeder (Essex Court Chambers, London); Katherine González Arrocha (Director for Latin America ICC Dispute Resolution Services); Jennifer Kirby (Herbert Smith LLP, Paris); Adriana Braghetta (L O Baptista Advogados, São Paulo); Guillermo Aguilar-Alvarez (Weil, Gotshal, & Mange LLP); Valeria Galindez (Barretto Ferreira Kujawski Brancher e Gonçalves (BKBG), São Paulo); Patrick Pearsall (Office of the Legal Adviser, International Claims & Investment Disputes, US State Department); Thomas Clay (Professor of Law, Dean of Versailles University. See the conference program for more information here.

5th Annual Conference on International Arbitration and Mediation - Fordham Law School. New York City, June 14-15 2010

The conference will bring together leading international arbitrators, mediators, practitioners, and scholars to discuss contemporary issues in international arbitration and mediation.
June 14 - 15 2010, McNally Amphitheatre, Fordham Law School
Conference director: Arthur Rovine. Speakers include: Maurice Mendelson QC, Charles N. Brower, Brigitte Stern, Christoph Schreuer, Tony Willis, Maria-Teresa Trofaier, Simeon Baum, Esq., Suzanne Ulicny, George Bermann, Catherine Rogers, Tom Stipanowich, Ben Sheppard, Giorgio Sacerdoti, Greg Tereposky, Andrew Shoyer, Richard Cunningham, John Barkett, Tim Martin, David Burt, See the website for the full program and registration details here law.fordham.edu/arbitration.

International Arbitration Summer Program: 1 - 18 June 2010

Courses in English: Nuts and Bolts of International Commercial Arbitration; Investor-State Arbitration; Advanced Seminar: Practical Skills and Cross-Examination in International Arbitration; International Arbitration and Choice-of-Law Issues; and Contributions of the ICC Court of Arbitration to the Development of Commercial Law. Courses in Spanish: Arbitraje Comercial Internacional; Arbitraje Inversionista-Estado; Seminario Avanzado: Aspectos Prácticos del Proceso Arbitral.

IV Düsseldorf International Arbitration School

September 20-24 2010. Düsseldorf, Germany. http://www.duslaw.eu/en/veranstaltungen/intensiv/arbitration_en

The last decades of the twentieth century have seen a phenomenal boom in international arbitration, with all the hazards and vagaries that come with sudden success. Anyone dealing with business transactions crossing borders now needs to be familiar with the special features of international commercial and investment arbitration. The five-day Düsseldorf International Arbitration School aims at providing young practitioners, post graduates and advanced students - especially Moot Court participants - with the requisite specific knowledge. The School is based on a highly practical, inter-active teaching concept.

Participants get the rare opportunity to improve their skills and knowledge in both the law and practice of international commercial arbitration. The teaching faculty consists of some of Europe's leading arbitration practitioners. The participants may accompany these practitioners on an exciting quest: the search for efficient and fair dispute resolution in a world where there is no "non-national commercial court of compulsory jurisdiction" - a world where the two major legal systems come together and merge. Each day will have a different theme, with a special focus on EU law and arbitration on the last day (conference day).

Participation is limited. Early application is highly recommendable. The fee is EUR 600 for practitioners, EUR 300 for full-time academics, EUR 250 for students/legal trainees and EUR 300 for Moot Court teams (team fee for up to four team members, additional fee of EUR 50 per person for further team members). Scholarships are only awarded on a rare basis and in exceptional cases.

How to Handle Competition Issues in an International Commercial Arbitration: 12 - 15 October 2010

This three-day intensive seminar based on a mock arbitration case will provide critical skills and practical insight into handling arbitration cases primarily under the auspices of the ICC Rules of Arbitration.

Fifth Annual Lecture on International Commercial Arbitration: 11 November 2010

The annual lecture offers an eminent figure in international arbitration a platform on which to share his or her ideas on novel issues and current trends in international arbitration, while providing practitioners and academics an exclusive opportunity to participate. The 2010 Annual Lecture will feature Yves Derains, Partner, Derains Gharavi & Lazareff.

MOVES / JOBS

Roger W. Rosendahl joins DLA Piper in New York and Los Angeles

Mar 11, http://www.dlapiper.com/rosendahl_release/

DLA Piper announced today that Roger W. Rosendahl has joined the firm's corporate and finance practices as a partner in the New York and Los Angeles offices. Coming to DLA Piper from the New York and Los Angeles offices of Kaye Scholer, LLP, Mr. Rosendahl's practice focuses on corporate, finance and securities transactions, including mergers and acquisitions, project and structured finance and restructuring, energy, commercial and international arbitration and mediation as well as general corporate counseling.

Marshall H. Fishman, Timothy J. Coleman and Walter B. Stuart are joining Freshfields' US litigation practice

Mar 11, http://www.freshfields.com/news/mediareleases/mediarelease.asp?id=2048

This multi-faceted litigation practice mirrors the firm's global litigation and dispute resolution practice which operates across Europe, the Middle East and Asia.

Mr. Sundra Rajoo Appointed As Director Regional Centre for Arbitration, Kuala Lumpur

March 9, 2010

"Mr Sundra Rajoo has been appointed as the 5th Director of The Regional Centre for Arbitration Kuala Lumpur with effect from 1 2010.

Mr Sundra Rajoo is an Advocate & Solicitor and a Chartered Arbitrator. Earlier, he has practised as an Architect and Town Planner. He is a Fellow of the Chartered Institute of Arbitrators, Malaysian Institute of Arbitrators, Singapore Institute of Arbitrators and Indian Council of Arbitration. He is the Founding President and currently the President, Society of Construction Law, (WP and S'gor), Malaysia, a Past Chairman of the Chartered Institute of Arbitrators Malaysia Branch and past Deputy-President of the Malaysian Institute of Arbitrators. He was a Council Member of the Malaysian Institute of Architects.

He has been appointed as Chairman, Co-arbitrator and sole Arbitrator by domestic and foreign parties and arbitral institution like International Chambers of Commerce (ICC), the Chinese International Economic Trade and Arbitration Commission (CIETAC), Singapore International Arbitration Centre (SIAC), Regional Centre for Arbitration Kuala Lumpur (KLRCA) and Palm Oil Refineries Association Malaysia (PORAM). He has had over a hundred and fifty over appointments as arbitrator. He is listed on various arbitral panels around the world.

Mr Sundra Rajoo is the author of "Law, Practice and Procedure of Arbitration" 2003, The Malaysian Standard Form of Building Contract (The PAM 1998 Form), 2nd Edition, 1999, and the Arbitration title for Halsbury's Laws of Malaysia 2002 as published by Lexis Nexis. He has co-authored a book entitled The Arbitration Act 2005 - UNCITRAL Model Law as Applied in Malaysia, 2007, Sweet & Maxwell Thomson.

We are confident that Mr. Sundra Rajoo with his vast knowledge and proficiency in the world of Arbitration and Alternative Dispute Resolution will steer and revolutionise the Centre making it as contemporary as its neighbours in the region and also internationally. We congratulate Mr Sundra Rajoo and look forward to the Regional Centre for Arbitration Kuala Lumpur moving to greater heights under his leadership." -- Regional Centre for Arbitration Kuala Lumpur

Squire Sanders Promotes Lawyers From the US, Latin America, Western and Eastern Europe

Mar 8, http://www.ssd.com/squire_sanders_promotes_12_distinguished_lawyers_from_the_us_latin_america_western_and_eastern_europe/

With a focus on opportunities and the resources needed to respond to client challenges as the economy continues to recover, global law firm Squire, Sanders & Dempsey L.L.P. has made promotions in key practices, electing four new partners and naming four new principals and four new national partners.

Arbitration related: Partner: * Stephen P. Anway, international dispute resolution practice, Cleveland. New national partner: * Rostislav Pekar, international dispute resolution practice, Prague

Melanie Willems Joins Chadbourne & Parke With IDR Team

Mar 8, http://www.chadbourne.com/newsevents/NewsDetail.aspx?news=1405

Chadbourne & Parke LLP today announced that Melanie Willems will be joining the International Dispute Resolution (IDR) practice as a partner in the London office. A team of three lawyers will be joining the firm with her. Ms. Willems has extensive experience in complex arbitrations before major tribunals, advising in matters before the ICC, the LCIA, the International Centre for Settlement of Investment Disputes (ICSID), as well as in ad hoc proceedings. She also undertakes litigation in English courts and all forms of alternative dispute resolution. The three-lawyer team joining with Ms. Willems includes UK qualified Markus Esly and Robert Blackett, as well as junior lawyer Richard Oliver.

BOOKS

International Commercial Arbitration in New York

James H Carter, James Fellas
ISBN13: 9780195375626
ISBN: 0195375629
Publisher: Oxford University Press USA
Country of Publication: USA
Binding: Hardback
Price: £115.00

New York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices.

International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. This collaborative work boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators.

The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.

Contents:

ICSID

New: Tidewater Inc. and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/5)

Maritime-support services, Registered on March 05th 2010. Tribunal not yet constituted

New: RSM Production Corporation and others v. Grenada (ICSID Case No. ARB/10/6)

Oil exploration contract, Registered March 16, 2010. Pending (Tribunal not yet constituted)

CEMEX Caracas Investments B.V. and CEMEX Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15)

Status of Proceeding: Pending (the Claimants file a counter-memorial on jurisdiction on March 15, 2010)

H&H Enterprises Investments, Inc. v. Arab Republic of Egypt (ICSID Case No. ARB/09/15)

Status of Proceeding: Pending (the Tribunal holds a first session in Paris on March 18, 2010)

Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. v. Argentine Republic (ICSID Case No. ARB/09/1)

Status of Proceeding: Pending (the Tribunal holds a first session in Paris on March 22, 2010)

Impregilo S.p.A. v. Argentine Republic (ICSID Case No. ARB/07/17)

Status of Proceeding: Pending (the Tribunal holds a hearing on the merits in Paris on March 9-18, 2010)

Nations Energy, Inc. and others v. Republic of Panama (ICSID Case No. ARB/06/19)

Status of Proceeding: Pending (the Respondent files observations on the Claimants' request for production of documents on March 18, 2010)

Química e Industrial del Bórax Ltda. and others v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2)

Status of Proceeding: Pending (the Tribunal decides on the procedural calendar on March 18, 2010)

Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru (ICSID Case No. ARB/03/28)

Status of Proceeding: Pending (Duke Energy International Peru Investments No. 1 files a rejoinder on annulment on March 20, 2010)

ConocoPhillips Company and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30)

Status of Proceeding: Pending (the Tribunal holds a pre-hearing conference with the parties by telephone on March 11, 2010.)

ConocoPhillips Company and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30)

Status of Proceeding: Pending (the Claimants file a further request for production of documents on March 19, 2010)

Swisslion DOO Skopje v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/09/16)

Tribunal Constituted: March 18, 2010. G. GUILLAUME, D.M. Price, J.C. Thomas

KT Asia Investment Group B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/09/8)

Tribunal Constituted: March 18, 2010. G. Kaufmann-Kohler, I. Glick, J.C. Thomas

Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v. Georgia (ICSID Case No. ARB/08/19)

Status of Proceeding: Tribunal issues a procedural order concerning production of documents on March 17, 2010

Global Trading Resource Corp. and Globex International, Inc. v. Ukraine (ICSID Case No. ARB/09/11)

Status of Proceeding: Pending (the Claimants file observations on the Respondent's preliminary objections on March 12, 2010)

Participaciones Inversiones Portuarias SARL v. Gabonese Republic (ICSID Case No. ARB/08/17)

Status of Proceeding: Pending (the Respondent files preliminary objections to jurisdiction and a request to join the objections to jurisdiction to the merits on March 15, 2010)

Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12)

Status of Proceeding: Pending (the Claimant files a reply on preliminary objections on February 26, 2010)

Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12)

Status of Proceeding: Pending (each party files a response to the other party’s observations of March 8, 2010, on March 15, 2010)

Mobil Investments Canada Inc. and Murphy Oil Corporation v. Canada (ICSID Case No. ARB(AF)/07/4)

Status of Proceeding: Pending (the Claimants file a request for production of documents on March 15, 2010)

Mærsk Olie, Algeriet A/S v. People's Democratic Republic of Algeria (ICSID Case No. ARB/09/14)

Tribunal Constituted March 10, 2010. Gabrielle KAUFMANN-KOHLER, Kamal HOSSAIN, David A.R. WILLIAMS.

ATA Construction, Industrial and Trading Company v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/08/2)

Status of Proceeding: Pending (the parties file reply submissions on costs on February 26, 2010)

Tza Yap Shum v. Republic of Peru (ICSID Case No. ARB/07/6)

Status of Proceeding:
The Tribunal issues a procedural order concerning production of documents on March 5, 2010
The Tribunal decides on production of documents and the procedural calendar on March 16, 2010

Gold Reserve Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/09/1)

Constitution of Tribunal on March 09, 2010. President: Piero BERNARDINI (Italian) Arbitrators: René-Jean DUPUY (French) David A.R. WILLIAMS (New Zealand)

Railroad Development Corporation v. Republic of Guatemala (ICSID Case No. ARB/07/23)

Status of Proceeding: Pending (the Tribunal holds a further hearing on the Respondent's preliminary objections to jurisdiction in Washington, D.C. on March 1 -3, 2010)

Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12)

Status of Proceeding: Pending (each party files observations on the other party's request for production of documents on March 8, 2010)

Urbaser S.A. and Consorcio de Aguas Bilbao Biskaia, Bilbao Biskaia Ur Partzuergoa v. Argentine Republic (ICSID Case No. ARB/07/26)

Status of Proceeding: Tribunal is recently reconstituted on March 8, 2010, Campbell McLACHLAN (New Zealand) appointed.