issue #06, week 16. 18 April 2007
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
Transnational Dispute Management Linkedin, Twitter, Facebook
Follow us OGEL & TDM on twitter @ogeltdm
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 NEWS
TDM: Published articles
- Typologies, Efficacy and Political Economy of Stabilisation Clauses: A Critical Appraisal
- Singapore Court of Appeal rules that the Doctrine of Champerty applies to Arbitration Proceedings
- Balancing Investors' Interests and State Sovereignty: The ICSID-Decision on Jurisdiction Plama Consortium Ltd. v. Republic of Bulgaria
See https://www.transnational-dispute-management.com/journal-advance-publication.asp
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 Wälde - 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: DIFC Courts officially inaugurated
April 17, http://business.maktoob.com/News-20070218035633-DIFC_Courts_officially_inaugurated#
Held under the patronage of His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai and President of the Dubai International Financial Centre; the Dubai International Financial Centre (DIFC) held the official inauguration of the DIFC Courts, an independent judicial system which will deal with matters arising from and within the DIFC.
The DIFC Courts was inaugurated by His Highness Sheikh Ahmed bin Saeed Al Maktoum, President of Dubai Department of Civil Aviation (DCA), Chairman and CEO of Emirates Group and Deputy Chairman of the Dubai Executive Council.. The event was attended by His Highness Sheikh Ahmed bin Saeed Al Maktoum, President of Dubai Department of Civil Aviation (DCA) Chairman and CEO of Emirates Group and Deputy Chairman of the Dubai Executive Council, His Excellency Dr. Omar Bin Sulaiman, Governor of the DIFC, the Honourable Andrew Kwok Nang Li, Chief Justice of Hong Kong, Dr. Ahmed Bin Hazeem Al Suwaidi, Director General , Dubai Courts, Sir Anthony Evans, Chief Justice of DIFC Courts, and Judge Michael Hwang SC, Deputy Chief Justice of DIFC Courts and other distinguished members of the legal and business community .
…
Sir Anthony Evans, Chief Justice of the DIFC Courts, commented: "We are delighted to welcome the formal launch of this innovative and impressive Court that will help to emphasise the advantages of a modern and innovative Financial Centre in this fast developing area which is so important to the peace and prosperity of the world."
Mr. Michael Hwang SC, Deputy Chief Justice of DIFC Courts, added: "The internationality of this court cannoy be over-emphasized, yet in this diversity there will always be the uniformity of the common law. We will look to the experience of the other common law countries, with the benefit of our multinational bench of judges, and will arrive at solutions which we believe are best for DIFC. We hope that, in our own small way, we will eventually also be able to contribute to the jurisprudence of the international common law world."
Japan releases "2007 report on compliance by major trading partners with trade agreements - WTO, FTA/EPA, and BIT"
http://www.meti.go.jp/english/report/data/gCT07_1coe.html
The 2007 Report on Compliance by Major Trading Partners with Trade Agreements -WTO, FTA/EPA, and BIT has been adopted today by the Subcommittee on Unfair Trade Policies and Measures of the Trade Policy Committee of the Industrial Structure Council. Following the adoption of the report, METI has announced a list of issues deemed as high priority for now in trade policy and its approach thereto under the title "METI Priorities." METI will place emphasis on negotiations toward resolving these issues.
Japan's Ministry of Trade has issued a new report on how countries which have signed Japan FTAs and BITs are living up to their commitments, plus a revised set of trade policy priorities.
Tanzania: Anti-poverty campaigners today condemned the UK water company Biwater for suing Tanzania
16 April 2007, http://www.wdm.org.uk/news/UKwatercompany16042007.htm
Anti-poverty campaigners today condemned the UK water company Biwater for suing Tanzania, one of the poorest countries in the world . They also criticised the secretive nature of the case. The court case being heard by the International Centre for the Settlement of Investment Disputes (ICSID) started in the Hague on Monday 16 April....
South Africa appoints arbitrator (Freshfields Bruchhaus Deringer) in mine law case
April 17, http://www.miningweekly.co.za/article.php?a_id=107358
The South African government had appointed Paris-based law firm Freshfields Bruchhaus Deringer to represent it in an international arbitration case, Johannesburg-based newspaper Business Report said on Tuesday, citing Webber Wentzel Bowens mining lawyer Peter Leon.
…
See also South African government yet to nominate arbitrator in €266m international damages claim Martin Creamer, 13 Apr 07, http://www.miningweekly.co.za/article.php?a_id=106823
Syria: New investment laws
April 16, http://www.sana.org/eng/21/2007/04/16/113493.htm
Director General of Syrian Board for Investment Dr. Mustafa Abdullah al-Kafri on Sunday reviewed the most available investment opportunities in Syria and the organizing laws and legislations to the investment process in addition to the taxation exemptions offered to investors according to the new investment law No. 8 for the year 2007.
…
The latest changes in the investment environment came in the form of Decrees 8 and 9, signed by the president, Bashar al-Assad, on January 27th. Decree 8 replaces Law 10, the foreign investment law that has prevailed in Syria since 1991. It enables investors, whether foreign, Arab or local, to own or lease the land required for their projects, and provides for free repatriation of profits, dividends and invested capital, on condition that all tax liabilities have been met. In the event that a foreign investor encounters obstacles to setting up a project, and decides to withdraw within six months of receiving a licence, all capital invested up to that point may be freely repatriated. Foreign staff will be entitled to repatriate up to 50% of their net income, and 100% of any end of service benefits.
See also http://www.garp.com/risknews/newsfeed.asp?Category=6&MyFile=2007-01-31-14171.html
European Community becomes Member of the Hague Conference on Private International Law
Press release, www.hcch.net
1. On 3 April 2007 the European Community (EC) became a Member of the Hague Conference on Private International Law, by depositing its instrument of acceptance of the Statute of the Hague Conference. The Hague Conference is the World Organisation for Cross-border Co-operation in Civil and Commercial Matters.
2. The deposit, preceded by a favourable decision of the Council on General Affairs and Policy of the Hague Conference, took place during a ceremony held in the new building of the Academy of International Law on the grounds of the Peace Palace in The Hague, attended by, among others, the German Minister of Justice, Brigitte Zypries, representing the Presidency of the Council of the European Union, the representative of the Vice-President of the European Commission, Diane Schmitt, the representative of the Presidency of the European Parliament, Diana Wallis, the Minister of Justice of the Netherlands, Ernst Hirsch Ballin, the Minister for European Affairs of the Netherlands, Frans Timmermans, and Ambassadors and high ranking representatives of more than 50 Member States of the Hague Conference.
3. This admission of the EC to the Hague Conference, comes in addition to the individual membership of all 27 EU Member States, all of which are already Members of the Hague Conference. The EC has, as a result of the Treaty of Amsterdam (entry into force 1 May 1999), acquired its own legislative competence in the field of private international law. By joining the Hague Conference, the EC will reinforce the Hague Conference in its work to ensure in a systematic way justice and legal security for human relations and commercial transactions, by promoting and monitoring exiting Conventions and by creating new international instruments of co-operation for the benefit of all citizens around the world.
4. The admission of the EC follows the entry into force on 1 January 2007 of the amendments to the Statute of the Hague Conference, which made it possible for certain Regional Economic Integration Organisations, in particular the EC, to become a Member of the Hague Conference (Art. 3 of the Statute). The EC, as a Member Organisation, can become party to the future Hague Conventions in areas which fall within the EU competence.
5. For Hague Conventions adopted in or before 1999 (year of entry into force of the Amsterdam Treaty), EU Member States may sign, ratify, accept, approve or accede "in the interest of the Community" in accordance with an agreed procedure, to the extent that legislative competence has accrued to the Community. Hague Conventions adopted after 1999 already contain a specific clause allowing for the signing, acceptance, approval or accession of a Hague Convention by a Regional Economic Integration Organisation, such as the European Community.
6. In addition to the Statute, there are two Hague Conventions to which all EU Member States are already a Party: the Apostille Convention (Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents) and the Child Abduction Convention (Convention of 25 October 1980 on the Civil Aspects of International Child Abduction).
7. The Hague Conference is one of the few international organisations joined by the EC as a Regional Economic Integration Organisation (other examples include the FAO and the WTO).
Why do we use the term European Community and not European Union? This has to do with the question of the legal personality of the Union. The two Communities (European Community and Euratom) making up the European Union each have legal personality. However, the Treaty on European Union does not contain any provisions on the Union's legal personality even though the Union comprises the two Communities and two areas of intergovernmental co-operation, namely common foreign and security policy (CFSP) and police and judicial co-operation in criminal matters. Therefore, the European Community has the power to conclude and negotiate agreements in line with its external powers, to become a member of an international organisation and to have delegations in non-member countries. See for this information: http://europa.eu/scadplus/glossary/union_legal_personality_en.htm
THE HAGUE, 3 April 2007
The Hague Conference is an intergovernmental organisation based in the Netherlands working for the harmonisation of rules of private international law. It has 66 Members located on every continent. Furthermore, more than 120 States are Parties to one or more Hague Conventions.
In essence, the purpose of the Organisation is to build bridges between various legal systems, while respecting their diversity. In doing so it reinforces the legal security of private persons - an essential role in an age of globalisation in which rules and guidelines are needed.
Rwanda, Belgium to Sign Pacts
April 13. The New Times, Kigali. http://allafrica.com/stories/200704130638.html
The Belgian Minister for Foreign Affairs, Karel De Gucht, is expected in Rwanda this week to seal trade and investment frameworks with the Rwandan government, The New Times has learnt.
…
"He will take the opportunity of his visit to sign the Convention to avoid double taxation with Monique Nsanzabaganwa (State minister in charge of planning in the Ministry of Finance and Economic Planning) and a Treaty to protect Investments with Protais Mitali (minister for Commerce)," Cartier Sibille, the first Secretary Political Affairs to the Belgian Ambassador in Kigali said in the Wednesday (April, 11) press statement.
Contacted for a comment, the State minister for cooperation, Rose Museminari noted that Gucht's visit would facilitate strengthening of further bilateral interests between Rwanda and Belgium.
…
US, Japan urge Thailand to scrap new investment law
04.12.07, Forbes, http://www.forbes.com/markets/feeds/afx/2007/04/12/afx3605065.html
BANGKOK - The US and Japan urged the Thai government to scrap a new investment law that limits foreign ownership and punishes violators with jail terms, officials said. Envoys from the two big trading partners held talks with a senior government official, warning the new law would affect foreign investment here.
…
Barbados expanding investment treaties
4/11/07, Tony Best, The Nation, http://www.nationnews.com/story/293814526786693.php
Barbados is moving to expand its list of investment treaties with European and developing countries in Africa, the Western Hemisphere and the Indian Ocean.
It has already wrapped up negotiations on a double taxation agreement with Mexico and has agreed to negotiate similar treaties with the Seychelles and Luxembourg.
"We have several double taxation treaties with the OECD [Organisation for Economic Co-operation and Development] countries and we recently have been involved in negotiations with the United Mexican States (Mexico) and that agreement has been initialed and will eventually be ratified," said Michael King, Barbados' Ambassador in Washington.
"We have negotiating commitment with the Seychelles as well as with Luxembourg; the latter is a member of the OECD," King added. "In addition, we are in the process of negotiating or may soon begin discussing, bilateral investment treaties or double taxation agreements with Belgium, France, Ghana, Dubai, India, Chile, Malaysia and Nigeria.
"In the past we have signed investment treaties with Cuba, Venezuela, China, Germany, the United Kingdom, Mauritius and Switzerland. These agreements with many foreign countries should underscore the point that Barbados is a very clean jurisdiction that doesn't encourage tax evasion or money laundering," he said.
In all, Barbados has double taxation agreement with 14 countries, many of which belong to the OECD, the rich nations' club based in Paris. It has signed such a pact with Austria and Britain, both of which are OECD members.
…
ICSID: Repsol YPF Ecuador S.A. v. Empresa Estatal Petroleos del Ecuador (Petroecuador) (ICSID Case No. ARB/01/10)
New documents available:
Decisión sobre la solicitud de anulación (8 de enero de 2007)
http://www.worldbank.org/icsid/cases/repsol_5_sp.pdf [pdf]
Decision on the Application for Annulment (January 8, 2007)
(unofficial English translation)
http://www.worldbank.org/icsid/cases/repsol_5_en.pdf [pdf]
ICSID: SAIPEM S.P.A. V. PEOPLE'S REPUBLIC OF BANGLADESH (ICSID CASE NO. ARB/05/7)
Decision on Jurisdiction and Recommendation on Provisional Measures
(March 21, 2007)
http://www.worldbank.org/icsid/cases/pdf/ARB057-doc1.pdf [pdf]
The Decision on Jurisdiction and Recommendation on Provisional Measures was issued in English. The text of the decision will be published in one of the forthcoming issues of ICSID Review—Foreign Investment Law Journal.
ICSID: Suez, Sociedad General de Aguas de Barcelona S.A. and Vivendi Universal S.A. v. Argentine Republic (ICSID Case No. ARB/03/19)
Order in Response to a Petition by Five Non-Governmental Organizations for Permission to make an Amicus Curiae Submission (February 12, 2007)
http://www.worldbank.org/icsid/cases/pdf/ARB0319_ORDER.pdf [pdf]
Resolucion en respuesta a la solicitud de autorizacion de cinco organizaciones no gubernamentales para realizar una presentacion en calidad de Amicus Curiae (12 de febrero de 2007)
http://www.worldbank.org/icsid/cases/pdf/ARB0319_ORDER_sp.pdf [pdf]
Russia: PricewaterhouseCoopers may loose License over Yukos Case
April 4, RIA Novosti, http://en.rian.ru/russia/20070404/63075495.html
The United States expects Russia to treat U.S. companies doing business in the country fairly, including embattled auditor PricewaterhouseCoopers (PwC), the U.S. Commerce Secretary said Wednesday. PwC, a respected international auditing firm, has been accused by Moscow city tax officials of helping the bankrupt Yukos oil company evade taxes, and it may as a result lose its operating license in Russia.
Carlos Gutierrez, who arrived in Moscow Monday to discuss Russia's bid to join the World Trade Organization (WTO) and bilateral investment, said after a meeting with Russia's economics minister, German Gref, that Washington expects any investigation into alleged violations of Russian tax legislation by PwC to be even-handed.
The Moscow Arbitration Court held hearings into the PwC case March 20 and ruled that the company violated professional standards while conducting audits for Yukos in 2002-2004. It ordered the company to pay a $480,000 fine to the federal budget.
The court decision could provide grounds for the Finance Ministry not to renew the auditor's auditing license, which expires May 20.
…
See also PwC wins tender to audit Gazprom, http://en.rian.ru/business/20070409/63371881.html
Turkey-Netherlands: New $19B arbitration case threat to Turkish government from Dutch company on Telsim sale
EkoTürk News Agency, March 2007, http://www.thenewanatolian.com/tna-24378.html
Dutch investment company Saba Fakes, who claim to hold the biggest part of shares of Turkey's second big GSM operator Telsim, is preparing to file an arbitration case at International Arbitration amounting to 19 billion dollars in reparations.
Dutch investment company Saba Fakes stated that after letters are sent to the President Ahmet Necdet Sezer, Prime Minister Recep Tayyip Erdogan, Finance Minister Kemal Unakitan, Minister of Justice Cemil Çiçek, Minister of Transportation Binali Yildirim and Savings Deposit Insurance Fund (TMSF) President Ahmet Ertürk on March 14, the case will be initiated at The International Centre for Settlement of Investment Disputes (ICSID).
JAMS Mediator Hon. Daniel Weinstein (Ret.) Donates $1 Million to the JAMS Foundation
http://www.jamsadr.com//FeatureFull.asp?Feature1ID=75
The non-profit JAMS Foundation announced that JAMS Mediator Hon. Daniel Weinstein (Ret.) will donate $1 million to the organization over a four-year period beginning in 2007. The Foundation is the largest private provider of exclusively alternative dispute resolution (ADR) related grants in the world, having provided more than $1.2 million in grant funding since its inception in 2002. This is the largest personal ADR related gift in recent years and is the first donation to the Foundation of its kind.
…
ICJ: The International Court of Justice launches new website to mark the end of its sixtieth anniversary year
16 April 2007, http://www.icj-cij.org/presscom/index.php?pr=1907&p1=6&p2=1&PHPSESSID=2e78a62b8886d22ba8e7fd980af94238
THE HAGUE - Today, as its sixtieth anniversary year draws to a close, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, launched its new website.
This user-friendly tool, which has a powerful search engine, contains five times more information than the old site, particularly on the 136 cases which the Court has dealt with since 1946. Easier to use, with its improved navigation, the site complies with international accessibility standards established for web users with visual impairments, who will thus be able to access the full range of content.
The new website can be accessed at the usual address: www.icj-cij.org.
…
Extensive content and new features
From now on, the Court's entire jurisprudence since 1946 will be available online, as will that of its predecessor, the Permanent Court of International Justice. The full texts of ICJ and PCIJ decisions (in text format for the more recent cases and in PDF format for the older ones), as well as the principal documents from the written and oral proceedings of various cases, can be researched quickly and easily thanks to the high-performance search engine. Additional information concerning the functioning of the Court, its history, its Members, the judges ad hoc and the Registry will also be featured.
…
EVENTS
LCIL Friday Lunchtime Lecture: "Policy Issues in Investment Treaty Arbitration" by Peter Turner, Freshfields - April 17
Lecture starts at 1pm (with a sandwich lunch from 12:30pm)
LLM talk on internship opportunities starts at 2pm
Finley Library, Lauterpacht Centre, 5 Cranmer Road, Cambridge
Peter Turner is Head of the International Arbitration Group at Freshfields Bruckhaus Deringer's Paris Office. He specialises in investor-state arbitration under bilateral investment treaties and has appeared as counsel and acted as arbitrator in over 50 arbitrations under institutional and ad hoc rules. In this lecture, he will be talking about the policy implications of investment treaty arbitration and shall address, in particular, the following questions:
- Whom do investment treaties benefit?
- Is there a bias against developing countries?
- Do investment treaties hinder democracy and accountability?
- How should investment treaty tribunals deal with issues of corruption?
At 2pm, immediately following this lecture, Peter Turner will be giving a talk to LLM students on possible internship opportunities at the Freshfields Paris Office.
The Centre's Friday Lunchtime Lectures are recognised by both the Law Society and the Bar Council as Continuing Professional Development (CPD) accredited courses.
The Kosovo Business & Investment Summit - 25-26 April 2007
The first ever major event to promote the Kosovo economy European wide (FDI, privatisations and business opportunities).
More at http://www.euroconvention.com/8501-home.htm
The Expanding ADR Horizon, Trier, 27-29 April
The Academy of European Law in Trier (ERA) and the European Branch of the Chartered Institute of Arbitrators are organising a conference on “The Expanding ADR Horizon”.
The event with deal with the following topics:
- ADR initiatives in the EU
- Corporate conflict management tools
- Cross-cultural negotiations
- Deal mediation
- Arb-med/med-arb
- Judges as arbitrators and mediators
- Comparative analysis of arbitration methods and requirements in different areas:
- Special features of arbitration in competition law issues
- Special features of arbitration in consumer issues
More information http://www.era.int/web/en/html/nodes_main/4_2127_474/conferences_0000_Date/5_1796_3291.htm
Electronic Evidence in International Arbitration
The Westin Paris
Paris, France
21 May 2007
Grand Hotel Wien
Vienna, Austria
22-23 May 2007
Overview
The discoverability and use of electronically stored information in international arbitration is now a growing issue as a result of the electronic exchanges of documents between parties. The volume of electronically stored information is overwhelming and it is growing at an exponential rate.
The use of electronically stored information in international arbitrations brings all of the complications associated with that type of information when it is the basis of the parties’ factual presentations: a party proving its case may select e-mails and other electronic documents that favor its case and ignore others and unscrupulous parties may even create false communications or accounting entries after the fact. As a result, parties entitled to disclosure of information by the other side may create enormous burdens for themselves, their adversaries and the tribunal in dealing with the production of electronic data that is pertinent to the controversy.
This seminar recognizes the harsh reality of the problems presented by the creation and maintenance of electronic data in international business transactions and provides a forum for discussion by the leading experts in the electronic data field of how best to deal with the phenomena of electronic data in the context of disputes that are to be resolved in international arbitration. It will present experts who will discuss the most effective and efficient ways in which electronic data may be dealt with in international arbitration, from the claimant’s point of view and from the respondent’s perspective. These discussions will be preceded by a presentation by the experts on the nature and extent of the electronic data challenges and will be followed, as the last session in the seminar, by discussion of the most effective and efficient ways of dealing with electronic data issues, as seen from the perspective of international arbitrators and counsel.
The faculty in these interactive discussions is drawn from the leading experts in the field of electronic data litigation from the United States, as well as experts from Europe. The faculty comprises executives from firms in the business of providing expert consultation with respect to managing electronic data in litigation as well as lawyers who specialize in this field. Persons attending this seminar will have the opportunity to hear and have interchanges with some of the world’s leading experts in this critically important and evolving field in international arbitration.
Topics
- The Dimensions of The Problem
This opening discussion will address the extent to which electronically stored information permeates modern business transactions and the permanent role it will play in litigation of all types. The panel will discuss the ever-growing use of e-mail and instant messaging, how those forms of communication are generally stored and problems with retrieving them. The panel will also discuss the impact of other forms of electronically stored information such as Word documents, Excel documents, databases, voicemail, trading, drafting and other specialized data in litigation and arbitration matters. - Claimants’ and Respondents’ - Issues: Retrieval and Organization
It takes planning and organization to effectively use one’s own files and those of adversaries to support your theory of the case. This panel will address the methods of requesting, collecting, organizing and using e-mail and other electronically stored data to structure your proof. The panel will discuss strategies for controlling the scope of what is collected and produced and will also address the privilege issues that can arise from the use of electronically stored information to support a claim or defense and the issues related to privacy protection legislation and other international data transfer issues. - Forensic Activity – What To Do When The Data Has Been Deleted
The search for data can be costly and expensive, especially when the search is for data that has allegedly been deleted. This panel will address the issues related to forensic recovery of data including the costs of that approach, the circumstances when that approach is merited and the complications that arise during attempts to recover data forensically. - Organization and Planning From the Arbitrator’s Perspective
To control the scope of electronically stored information that is discovered and used during an international arbitration proceeding, both the arbitrators and the parties must undertake a lot of organization and planning. On this panel, a group of veteran arbitrators, will discuss what arbitrators expect from the parties; how much electronic discovery they are willing to allow and what burdens the parties must meet before undertaking such discovery. The panel will also address the parties’ ethical obligations and the role of the IBA Evidence Guidelines. Finally, this panel will address the practical ramifications of allowing requests for electronically stored information in smaller cases.
More information available at Juris Conferences, www.jurisconferences.com
Investment Protection and the Energy Charter Treaty Conference - Washington, D.C. - May 18, 2007
The Energy Charter Treaty (ECT) is a legally binding multilateral instrument, the only one of its kind dealing specifically with inter-governmental cooperation in the energy sector. The fundamental aim of the ECT is to strengthen the rule of law on energy issues, by creating a level playing field of rules to be observed by all participating governments, thus minimizing the risks associated with energy-related investments and trade.
In recent years, there has been an increased recourse to the ECT dispute settlement mechanism concerning investment protection, with more than a dozen cases having been brought to international arbitration by investors. The investment arbitra- tion proceedings instituted under the ECT have revealed a range of challenging legal issues common to investor-State arbitration but also specific to the Treaty, demonstrating a continuing need to raise awareness of its provisions.
The conference will provide participants with the insight of experts into the negotiation history and the future of the ECT. It will also give participants a unique opportunity to discuss with leading practitioners key procedural and substantive issues related to investment arbitration within the framework of the ECT.
Program
May 18, 2007 - The World Bank - Lewis Preston Auditorium
- 8:30 9:00
Registration and Coffee - 9:00 9:30
Welcome Addresses
- Ana Palacio, Secretary-General, International Centre for Settlement of Investment Disputes (ICSID)
- André Mernier, Secretary General, Energy Charter Secretariat (ECS)
- Ulf Franke, Secretary General, Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
- 9:30 9:45
Introductory Remarks- Anne Houtman, Director in charge of General Affairs, Directorate-General for Energy and Transport, European Commission, Brussels
9:45 10:00
The Negotiation of the Energy Charter Treaty
The purpose of this session is to enhance participants' understanding of the Energy Charter Treaty by describing the impact of the negotiation process on the Treaty's contents. The panelist will review the origins of specific provisions related to investment protection and investment disputes.- Craig Bamberger, Chairman of the Legal Committee for the Negotiation of the ECT
- 10:00 10:15
Break - 10:15 11:30
Investment Dispute Resolution and the Energy Charter Treaty
In addition to describing the mechanism for access to dispute resolution under the Energy Charter Treaty, this session will focus on two controversial jurisdictional issues under the Treaty. The first concerns the provisional application of the Treaty pending ratification by a Member State, and its application to matters affecting investments prior to the signing of the Treaty by a Member State. The second deals with a Member State's right under certain circumstances to deny the advantages of Part III of the Treaty to a legal entity or an investment.- Moderator
Sergei N. Lebedev, President of the Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation, Moscow - Access to the Dispute Resolution Mechanisms under Article 26 of the ECT
Juliet Blanch, Partner, McDermott Will & Emery, London - Provisional Application and Other Temporal Issues
W. Michael Reisman, Professor, Yale Law School - Denial of Advantages
Stephen Jagusch, Partner, Allen & Overy LLP, London
- Moderator
- 11:30 11:45
Break - 11:45 1:00
Selected Standards of Treatment Available Under the Energy Charter Treaty
The panelists will describe three investment promotion and protection standards accorded to covered investments under the Energy Charter Treaty, concerning fair and equitable treatment, most-favored-nation treatment and the purpose and meaning of the standard pertaining to taxation measures. They will comment on the relevant provisions of the Treaty in light of existing case law.- Moderator
Stephen M. Schwebel, Former President of the International Court of Justice - Fair and Equitable Treatment
Christoph H. Schreuer, Professor, University of Vienna, School of Law - Most-Favored-Nation Treatment
Paul D. Friedland, Partner, White & Case, LLP, New York - Investment Protection and Taxation Measures
William W. Park, Professor, Boston University School of Law
- Moderator
- 1:00 3:45
Lunch Session
Questions and Observations:
Interactive Discussion with Expert Panel
The panel will debate issues concerning the Energy Charter Treaty and take questions and observations from the audience.- Moderator: Audley Sheppard, Partner, Clifford Chance, London
- Panelists: Thomas W. Wälde, Professor, University of Dundee
Emmanuel Gaillard, Partner, Shearman & Sterling LLP, Paris
Dana Contratto, Partner, Crowell & Moring LLP, Washington, D.C.
- 3.45 4:45
Interplay of the Energy Charter Treaty with other Treaties
The Energy Charter Treaty established a detailed legal framework with regard to a broad range of matters covering, among other things, investment protection, trade and the transit of energy resources. As the Treaty is limited to the energy sector, how does it compare with other international instruments of similar kind?
What is the Treaty's role amongst other instruments and in the context of the European Union and Russia?- Moderator
Esa Paasivirta, First Counsellor, Legal Affairs, Delegation of the European Commission to the United Nations, New York - The Role of the Energy Charter Treaty in the Context of the European Union and Russia
Kaj Hobér, Partner, Mannheimer & Swartling Advokatbyra, Stockholm - The Energy Charter Treaty and other Investment Treaties: A Comparison
Andrea J. Menaker, Chief, NAFTA Arbitration Division, Office of the Legal Adviser, U.S. Department of State, Washington, D.C.
- Moderator
- 4:45 5:00
The Energy Charter Treaty: What Lies Ahead?
The final session will review recent and potential future develop- ments in the Energy Charter process, including the actual and potential application of the Energy Charter Treaty to current and recent energy-related disputes and other energy industry developments.- Graham Coop, General Counsel, ECS, Brussels
- 5:00 5:15
Closing Remarks- Ana Palacio, Secretary-General, ICSID, Washington, D.C.
- 5:30 6:30
Reception
More at http://www.encharter.org/index.php?id=221&L=0
Short overview of upcoming events
- 19 - 20 Apr 2007
DIS Vortragsveranstaltung und Mitgliederversammlung
DIS
Germany - 22 - 23 Apr 2007
International Construction Contracts and the Resolution of Disputes
FIDIC , ICC Events
United Arab Emirates - 24 Apr - 05 Jun 2007
Litigating ISCID Investment Disputes
Centre for International Courts and Tribunals UCL
United Kingdom - 26 - 28 Apr 2007
IBA Maritime and Transportation Law Arbitration Day
DIS
Germany - 26 - 29 Apr 2007
International Commercial Arbitration Arabic Training Course Stage I
DIAC , (DIAC)
United Arab Emirates - 27 - 29 Apr 2007
International Commercial Arbitration – Stage II
DIAC
United Arab Emirates - 27 - 29 Apr 2007
Spring Conference
Chartered Institute of Arbitrators
Germany - 30 Apr 2007
Best Practices in Commercial Arbitration
Juris Conferences LLC
United States of America - 30 Apr 2007
The International Effect of Arbitral Awards
ICCA , (DIAC)
United Arab Emirates - 04 May 2007
Young Arbitration Practitioners 2007
CEPINA
Belgium
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
MOVES / JOBS
Geoff Senogles joined LBC as partner in their Swiss office
April 9, http://www.lbcintl.com/
LBC International is delighted to announce the continuing strategic expansion of the firm by the recruitment of Geoff Senogles as partner with effect from 9th April 2007.
A Welsh chartered accountant who has been based in Switzerland since 2000, Geoff will establish LBC's latest European office in Nyon, near Geneva to develop business from the many international organisations, NGOs, insurers and re-insurers in the region. Geoff will also work with John Andrew, Oliver Tiemann and their growing team of professionals out of the firm's London office.
Having focused on investigative or forensic accounting since 1995, and with his experience both in private practice in the UK and Switzerland but also as a staff member of the United Nations Compensation Commission, Geoff has built an international practice in recent years with a range of large and small clients.
A selection from this client list includes: US Department of State; Palestinian Authority; World Bank; UNHCR Iraq; UNESCO Paris; WWF World Wide Fund for Nature; the South Centre; law firms in France, Switzerland and Britain; and also insurers.
Recent experience focuses mainly on arbitration expert witness mandates, either as party-appointed expert or a tribunal-appointed neutral expert. His international experience is based mainly around Europe (including the Balkans) but also includes significant time in the Middle East. He has testified to the Iran-US Claims Tribunal in the Hague, arbitration tribunals and also as an external valuation consultant to several Panels of Commissioners of the UNCC.
He has made presentations on expert valuation evidence at the International Bar Association's 2005 annual conference in Prague and he lectures at the University of Dundee's Centre for Energy, Petroleum, Mineral and Law Policy. He is engaged by law firms to provide training or coaching to fee earners on valuation matters and techniques.
Global Financial Analytics LLC
Rory Walck announced the formation of Global Financial Analytics LLC, a firm dedicated to providing financial analysis and expert witness services in commercial matters and in domestic and international arbitration and litigation.
Global Financial Analytics LLC's approach is hands-on, with a small staff focused on accomplishing clients' objectives. The firm is available as a party-appointed or tribunal-appointed expert, and is pleased to team with others where specialized technical skills are needed.
Contact Rory Walck for more information:
Richard E. "Rory" Walck, CPA/ABV, CMA, CFM
Global Financial Analytics LLC
P. O. Box 2629
Fairfax, VA 22031
Tel (703) 865-5217
Mob (202) 361-4282
Note: Richard Walck is preparing a special feature dealing with Energy Litigation and Arbitration - Expert Perspectives
King & Spalding: Expansion Continues Apace With an Affiliated Office in Saudi Arabia
April 16, http://www.kslaw.com/portal/server.pt?space=KSPublicRedirect&control=KSPublicRedirect&PressReleaseId=2522
DUBAI and RIYADH, a leading international law firm, announced today that it has expanded its Middle East practice throughout Saudi Arabia through an affiliation agreement with The Law Offices of Mohammed Al-Ammar in Riyadh, Saudi Arabia. King & Spalding, whose lawyers have been handling client matters in the Arabian Gulf for more than 20 years, established an office in Dubai, United Arab Emirates, in December 2006. The firm expanded its Middle East platform in Dubai last January with the addition of three lawyers.
…
The firm's Middle East practice focuses on Islamic finance, energy, real estate, private equity and international arbitration in the Middle East and North Africa. Its offices in Dubai and Riyadh specialize in complex commercial and financial transactions and international arbitration.