issue #01, week 01. 06 January 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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- 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
TDM 4 (2009) - Latin America special published
This fourth issue of TDM in 2009 is a special feature on
arbitration in Latin America.
Dr. Herfried Wöss, partner of the Wöss & Partners lawfirm in
Mexico acted as editor for this special.
EDITORIAL
- Editorial TDM Latin America Special - December 2009
by H. Wöss, Wöss & Partners, S.C.
TDM SPECIAL LATIN AMERICA
- Arbitration, Alternative Dispute Resolution and Public Procurement in
Mexico - The 2009 reforms, analysis and their impact
by H. Wöss, Wöss & Partners, S.C.
- The Notion of Taxes on Products - Lessons from the Soft Drinks
dispute
by E. McGovern
- Developments in Latin American Arbitration Law 2009
by J.C. Hamilton, White & Case LLP
M.A. Roche, White & Case LLP
- Recent Investment Arbitrations Filed Against Latin American Countries:
January 2006 - May 2009
by J. Albites-Bedoya, Institute of International and European Law, University of Göttingen, Germany
- Settlement of Disputes Under the Central America-Dominican Republic-United
States Free Trade Agreement
by D.A. Gantz, The University of Arizona Rogers College of Law
- The Americanization of Carlos Calvo
by M.J. Bond, Gardner Bond Trabolsi PLLC
- Outward Investment by Trans-latin Enterprises: Reasons for Optimism
by M. Mortimore
C. Razo, UN Economic Commission for Latin America (ECLA)
- The Protection of Foreign Energy Investment in Latin American Countries: A
Comparative Analysis
by P.V. Cerón , EAFIT University, Management School. Department of International Business.
- El Incierto Futuro Del Arbitraje de Inversiones en Latinoamérica
by E. Fernández Masiá, School of Law of Albacete, University of Castilla-La Mancha
- La Autonomía del Arbitraje Comercial Internacional a la Hora de la
Constitucionalización del Arbitraje en América Latina.
by A. De Jesús O., Venezuelan Arbitration Committee
- International Commercial Arbitration: Hurdles When Confirming a Foreign
Arbitral Award in the United States
by D.E. González, Hogan & Hartson LLP
M.E. Ramirez, Hogan & Hartson LLP
- Notes on the State Contracts Disputes Based on Arbitral Awards of ICSID
and CONSUCODE
by R.G. Miranda Miranda, Intersur Concesiones S.A.
- The Latin American Struggle With the International Law of Foreign
Investment: Is It A Demand for A More Balanced System?
by O.E. Garcia-Bolivar, BG Consulting, Inc
- Withdrawal of State' Consent to ICSID Arbitration, Perspectives from the
Bolivian and Ecuadorian cases
by C. Viteri Torres, International Labor Organization (ILO)
- Recognition and Enforcement of Foreign Arbitral Awards in Brazil: Legal
and Practical Requirements
by P.A. Costa Braga de Oliveira, Enel Brasil Participações Ltda.
- Foreign Investment From A Brazilian Perspective
by L.F. Castillo Argañarás, University of Buenos Aires
- The Growth of Brazil's Direct Investment Abroad and the Challenges it
Faces
by L.A. Lima, Sociedade Brasileira de Estudos de Empresas Transnacionais e da Globalização Econômica (SOBEET)
O. de Barros, Bradesco
- A Current Look at the Protection of Foreign Investment in Colombia
by E. Zuleta, Gómez-Pinzón Zuleta Abogados S.A.
A. Saldarriaga, Consultant in Arbitration and Foreign Investment Law
- Arbitration and Intellectual Property
by E. Rengifo García, Garrido & Rengifo Abogados
- Provisional Measures in Investment Arbitration: Recent Experiences in Oil
Arbitrations Against the Republic of Ecuador
by J.A. Rueda-García, University of Alcalá de Henares
- Ecuador's Withdrawal from ICSID Moving Towards a Regional Regime of
Dispute Resolution
by R.A. Guzmán Pérez, University of Paris 13-Nord
- Introduction to the New Peruvian Arbitration Law
by C.A.M. Lopéz, Universidad Católica del Perú
- Las Asociaciones Público Privadas en El Perú Y Su Normativa
by R.G. Miranda Miranda, Intersur Concesiones S.A.
- La Solicitud de Arbitraje en El Marco del Mecanismo Complementario del
Ciadi Implica Una Renuncia a Los Recursos Ante Los Tribunales Estatales?
Reflexiones Sobre El Arbitraje Internacional En El Marco Del Mecanismo
Complementario Del Ciadi, El TBI Canadá-Venezuela Y su Articulación Con El
Derecho Positivo Venezolano
by A. De Jesús O., Venezuelan Arbitration Committee
- The Enforcement of International Investment Arbitral Awards: Is There A
Better Way?
by F. Spaccaquerche Barbosa , Mattos Filho Veiga Filho Marrey Jr. e Quiroga Advogados
- A First for Argentina: Metalpar, S.A. and Buen Aire, S.A. v.
Argentina.
by I. Gomez-Palacio, Gomez-Palacio y Asociados
- National Grid plc v Argentina (case comment)
by J.D. Cayre, Crowell & Moring LLP
- Other useful material recently published on TDM
TDM Recently published
- China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products
- Revised Draft IBA Rules on the Taking of Evidence in International Arbitration (2009)
- Current) IBA Rules on the Taking of Evidence in International Arbitration (1999)
- The Psychology of Persuasion in International Arbitration - A Project
- CEMEX Caracas Investments BV et al v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15) - Decision on Proposal for Disqualification of An Arbitrator
- Participaciones Inversiones Portuarias SARL v. Gabonese Republic (ICSID ARB/08/17) regarding the Proposal to Disqualify an Arbitrator (Translations + Original French document)
- Revision of the UNCITRAL Arbitration Rules (for OGEMID discussion)
See https://www.transnational-dispute-management.com/journal-advance-publication.asp
NEWS
Odfjell Announces Arbitration Award
Jan 04, http://www.yourindustrynews.com/odfjell+announces+arbitration+award_44046.html
Our arbitration case in Stockholm as against the large Russian state-owned shipyard "Sevmash" has been decided.
Basically, the shipyard failed to deliver to us 12 ships contracted for in 2004. Whilst winning our main point, that of Sevmash being guilty of willful misconduct, nevertheless we are seriously disappointed about the damages awarded, only USD 43.76 million. This figure is but a fraction of the value of our lost bargain, and of our trading losses.
The first ship should have been delivered in September 2007. By the time we felt compelled to cancel the contracts, in February 2008, by the shipyard's own account the first ship was then delayed by 14 months etc.
The cost of the arbitration was apportioned 75% as against Sevmash.
Gazprom suspends litigation with Naftogaz Ukraine at Stockholm Arbitration Institute
Dec 31, http://www.kyivpost.com/news/nation/detail/56249/
Gazprom has suspended its litigation with Naftogaz Ukraine at the Arbitration Institute of the Stockholm Chamber of Commerce over alleged violation of contractual terms on transiting natural gas to Europe by Naftogaz.
See also "Russia-Ukraine contract to avert New Year gas war" Dec 31, http://www.reuters.com/article/idUSLDE5BU0HI20091231
Vivendi makes new claims, involves more companies in fight over Era operator
Dec 30, http://www.wbj.pl/article-47966-vivendi-makes-new-claims-involves-more-companies-in-fight-over-era-operator.html?typ=pam
French concern Vivendi has called for an agreement with all companies from the Elektrim and Deutsche Telecom groups that participated in the sale of 48 percent of shares in Polska Telefonia Cyfrowa (PTC), the operator of the Era mobile network. The companies include Mega Investment, Laris Investments, Deutsche Telecom and T-Mobile Deutschland as well as Law Debenture Trust.
From "TDM News Digest, issue #21, week 44. 28 October 2009" Vivendi Wins Significant Victory Over Deutsche Telekom and Elektrim in Poland https://www.transnational-dispute-management.com/news/tdmnews-2009-21.htm
Lawyers meet to clarify legal aspects of trade between Africa and China
Dec 30, http://www.businessday.co.za/articles/Content.aspx?id=90475
NEARLY 100 lawyers and legal experts from China and Africa have been meeting in Cairo to try to beef up the legal underpinnings of trade between China and Africa. One of the most frequently cited reasons for overseas financiers' reluctance to invest in Africa has been uncertainty about the enforceability of contracts.
...
Cairo Regional Centre for International Commercial Arbitration director Nabil Elaraby, the chief organiser of the forum, told Xinhua: "When you have two countries involved in trade, investment or any kind of economic co- operation, you need a solid and credible legal framework to ensure there is no dispute, and each side is entitled to know if they disagree a point, how it is to be solved.
Syria launches first economic arbitration center
Dec 26, http://www.kuna.net.kw/NewsAgenciesPublicSite/ArticleDetails.aspx?id=2049961&Language=en
Syria launched its first economic arbitration center, for protection of local, Arab and foreign investments. The local Tishreen newspaper, in its Saturday issue, quoted Chairman of the Syrian Investment Authority Dr. Ahmad Abdulaziz as saying that this meets the requirements of the Arab and foreign investors, and the economic institutions.
Cambodian National Assembly approves expropriation law
Dec 29, http://news.xinhuanet.com/english/2009-12/29/content_12723600.htm
Xinhua - Cambodian National assembly approved on Tuesday the expropriation law which will allow authorities to expropriate the land and other immovable properties for public development purposes and building infrastructures to serve the national benefits. "This law will have the purpose of guaranteeing to withdraw legal ownership of land and other immovable properties with providing appropriate price and justice for local people," the draft law says in Article 2. ... The law will not cover agreements or MoUs of investment protection between the Cambodian government and signatory country partners, he said.
Wabtec Issues Statement On Arbitration Ruling
Dec 27, http://www.foxbusiness.com/story/markets/industries/industrials/wabtec-issues-statement-arbitration-ruling/
Wabtec Corporation issued the following statement on an arbitration ruling, received Dec. 24, involving claims filed against the company by Faiveley Transport Malmo AB, a Swedish subsidiary of Faiveley Transport:
Enforcing arbitration award - National Ability SA v Tinna Oils and Chemicals Ltd
http://business.timesonline.co.uk/tol/business/law/reports/article6965002.ece
Before Lord Justice Thomas, Lady Justice Hallett and Mr Justice Coleridge
Judgment December 11, 2009
An application to enforce an arbitration award in the same manner as a judgment, under the procedure set out in section 26 of the Arbitration Act 1950 and section 66 of the Arbitration Act 1996, was subject to the same limitation period of six years as an ordinary action on the award.
The Court of Appeal so held when dismissing the appeal of National Ability SA, the owners of the Amazon Reefer [a vessel], from the decision of Mr Justice Burton to refuse permission to appeal against his decision to set aside the order of Mr Justice Aikens ([2008] EWHC 2826 (Comm)) who had given the owners permission, under section 26 of the 1950 Act, to enforce the awards made by arbitrators as judgments against the charterers, Tinna Oils and Chemicals Ltd, and to enter judgment in terms of the awards.
Ukraine and Moldova to accede to the Energy Community upon amendments of their gas laws
Dec 18, http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/1974&format=HTML&aged=0&language=EN&guiLanguage=en
Reference: IP/09/1974 - The 7th Energy Community Ministerial Council approved today the accession of Ukraine and Moldova to the Energy Community; accession will be effective when and if these countries solve the remaining gaps and make their gas laws comply with the EU acquis requirements and complete their respective ratification procedures.
...
The 7th Ministerial Council also took stock of the Energy Community dispute settlement mechanism, which enables private bodies to file a case against a government in case of non-compliance of its Treaty obligations. According to the Secretariat's report, the mechanism has proven to be crucial for the enforcement of Energy Community law. So far five cases have been brought to the attention of the Secretariat.
The "Report on Dispute Settlement" states "The adoption of the Dispute Settlement Rules made an immediate impact. The Secretariat has, as of 15 October 2009, received five complaints by private bodies."
Actelion reports arbitration results between subsidiary CoTherix, Inc. and Asahi Kasei Pharma Corporation
Dec 22, http://www.actelion.com/en/journalists/news-archive.page?newsId=1366100
Actelion Ltd. reported the results of an arbitration proceeding in California between one of its subsidiaries, CoTherix Inc., and Asahi Kasei Pharma Corporation (Japan) regarding a license agreement to develop Asahi Kasei's rho kinase inhibitor, fasudil.
Pakistan New Investment Policy 2010-15: Foreign, local investors to get financial security
Dec 16, http://www.dailytimes.com.pk/default.asp?page=2009%5C12%5C16%5Cstory_16-12-2009_pg5_1
The National Assembly's Standing Committee on Investment was informed on Tuesday that the new investment policy would provide financial security to the foreign and local investors. In this regard, Commercial Arbitration Act is under preparation with the new Investment Policy 2010-15. The proposed Commercial Arbitration Act will provide framework for establishment of Arbitration Centres in the country to resolve disputes and help safeguard the interest of the investors.
Business Concern Over Ecuador Benefits
Dec 17, http://www.latinbusinesschronicle.com/app/article.aspx?id=3873
U.S. Business groups and companies are concerned about Ecuador's compliance with U.S. trade benefits and are expressing concern over Ecuador's compliance with the Andean Trade Preferences Act (ATPA).
Cem Uzan continues quest for $38.5 billion in compensation
Dec 12, http://www.todayszaman.com/tz-web/mobile.do?load=wapDetay&link=195773
The Ministry of Energy and Natural Resources and the Turkish government are currently participating in arbitration at international arbitration boards for $38.5 billion in compensation claims by companies and parties connected to Cem Uzan, the Turkish businessman whose family's assets were seized in 2004 because of unpaid debts to the Turkish government.
Former CFO says Grupo Modelo may lose arbitration vs Anheuser-Bush
Dec 17, http://www.reuters.com/article/idUSN1716766220091217?feedType=RSS&feedName=mergersNews&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+reuters%2FmergersNews+%28News+%2F+US+%2F+Mergers+News%29
Government of Dubai Issues Legal Framework: Establishing a Tribunal to decide the Disputes Related to the Settlement of the Financial Position of Dubai World and its Subsidiaries
Dec 14, http://www.difccourts.ae/rulers_decree/index.html
Today the Government of Dubai, through its Legal Affairs Department, under the patronage of His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice President and Prime Minister of UAE, Ruler of Dubai announces a comprehensive legal framework consistent with international standards of transparency and creditor protection that will govern any future formal reorganization and restructuring of Dubai World and any of its subsidiaries.
This legal framework has been established by Ruler's Decree No. 57 of 2009 the text of which will be available at http://difccourts.complinet.com (http://www.difccourts.ae/rulers_decree/files/Decree_No.57_for_2009.pdf, link last checked 17 December 2009)
The Decree establishes a tribunal of three to five internationally recognized judges, which will be empowered if necessary to supervise the financial reorganization of Dubai World and its subsidiaries and which will be authorized to adjudicate disputes relating to restructuring of the debt of Dubai World and any of its subsidiaries.
The Tribunal is initially composed of three senior international judges from the Dubai International Finance Centre Courts.
- Sir Anthony Evans, Chief Justice of the DIFC Courts. Sir Evans is a former High Court Judge of England and Wales.
- Michael Hwang, SC, Deputy Chief Justice of the DIFC Courts. Judge Hwang is a former Judicial Commissioner of the Supreme Court of Singapore and partner at the law firm of Allen & Gledhill.
- Justice Sir John Murray Chadwick, Judge of the DIFC Courts. Judge Chadwick is a former Judge of the Court of Appeal of England and Wales and is a world renowned bankruptcy and insolvency specialist.
Dr. Lowai M.K. Belhoul, the Director General of the Legal Affairs Department of the Government of Dubai, stated: "The Decree establishes a clear, transparent and effective legal framework incorporating international best practices in restructuring."
Abu Dhabi fund seeks Citi deal scrapped or $4 bln
Dec 15, http://www.reuters.com/article/idUSN1513484420091216
Citigroup Inc said on Tuesday the Abu Dhabi Investment Authority filed an arbitration claim against it, accusing the U.S. lender of misrepresentation over a $7.5 billion investment by the sovereign wealth fund.
Chile invited to become a member of the OECD
Dec 15, http://www.oecd.org/document/28/0,3343,en_2649_201185_44267356_1_1_1_1,00.html
The OECD today invited Chile to become its second member in Latin America after Mexico. Chile will formally accept this invitation when an Accession Agreement is signed in the presence of Secretary-General Angel Gurría and President Michelle Bachelet on 11 January 2010 in Santiago.
The invitation to Chile to become the Organisation's 31st member comes at a time when the OECD is expanding its relations with the region. In addition to acknowledging Chile's efforts to develop its market-based economy, it confirms the OECD's determination to explore new frontiers to help governments address world economic challenges while championing the highest standards in public policy.
Andrés Velasco, Minister of Finance of Chile receives the letter of invitation from Secretary-General Gurría
"For the OECD, the accession of Chile is a great contribution in our drive to expand our global reach and to transform the Organisation into a more plural and inclusive institution that will play an increasingly important role in the global economic architecture," OECD Secretary-General Angel Gurría said at a ceremony at OECD headquarters in Paris (read the speech in full).
"This new membership not only opens a new chapter in the enlargement of the Organisation. It also confirms our global vocation as "the club of countries that promote and foster best practices"," he added, quoting Chile's President Bachelet.
Chile's accession to the OECD comes at a moment when governments the world over are looking for new ways to cooperate in order to address global challenges in trade, financial services, the environment and numerous other areas.
''As a middle-income South American country, we will bring a new perspective to the OECD's debate on global economic and social development," Chilean Finance Minister Andrés Velasco said. "The invitation to join the OECD is a recognition of the successful policies that Chile has been putting in place for the last two decades. We look forward to sharing Chile's recent experiences on issues such as pension reform, bank regulation, counter-cyclical fiscal policy and social equality."
Chile began its path to accession in 2007 as one of five countries, along with Estonia, Israel, the Russian Federation and Slovenia, that were invited by OECD ministers to begin accession talks. In parallel, the OECD has broadened its reach to engage with major emerging economies, including Brazil, China, India, Indonesia and South Africa.
"Emerging, developing and advanced economies need to work together to address the global challenges of our time," Mr. Gurría said, at a meeting of the OECD's governing Council of ambassadors that formalised the invitation. "We welcome Chile as we continue to reach out to Latin America and to enhance our engagement, in particular, with Brazil. Chile, together with Mexico, will become a key driver of OECD co-operation with this region."
Niko likely to go to international court to settle Feni gasfield dispute
Dec 16, http://www.thefinancialexpress-bd.com/more.php?news_id=87029
Canadian oil and gas explorer Niko is planning to lodge suit with international court to settle the long-pending dispute over payments against gas sales from Feni field, officials said Tuesday.
Complaint from Venezuelan farmer filed at the IACHR
Dec 15, http://english.eluniversal.com/2009/12/15/en_pol_art_complaint-from-venez_15A3195531.shtml
The Inter-American Commission on Human Rights (IACHR) received a complaint from Venezuelan biologist and farmer Franklin Brito, who claims that the Venezuelan government expropriated his plot of land. The IACHR will "take appropriate action," reported a spokesperson of the commission.
India, Bangladesh maritime dispute impacts oil prospecting
Dec 13, http://www.thaindian.com/newsportal/uncategorized/india-bangladesh-maritime-dispute-impacts-oil-prospecting_100288550.html
Their relations are improving, but India and Bangladesh are yet to agree on the composition of a tribunal to resolve their old maritime dispute that is impacting offshore oil exploration.
SCC: "Apply for an Emergency Arbitrator after New Year"
Dec 10, http://www.sccinstitute.se/?id=23696&newsid=30175
The Board of Directors of the Stockholm Chamber of Commerce adopted the proposal on an Emergency Arbitrator on 9 December 2009. The rules are by a reference in Article 32 included in the Arbitration Rules and in the Expedited Rules. The changes enter into force on 1 January 2010.
The rules on an Emergency Arbitrator can be found here: http://www.sccinstitute.se/filearchive/3/30239/Appendix_II_Emergency_Arbitrator_.pdf
The added rules make it possible for parties to request interim measures before an arbitration has been referred to an Arbitral Tribunal, thus bridging the gap - statistically 3-4 months - between the rise of a dispute and the referral of a case to an Arbitral Tribunal. Consequently, the parties may request interim measures within the arbitration proceedings and without going to court.
Decisions on interim measures shall under these rules be made by an Emergency Arbitrator to be appointed within 24 hours from the time the application was made. The Emergency Arbitrator shall make a decision within 5 days from the appointment and shall within that time hear both parties. Should the time proves to be insufficient, if, for example, the respondent have not been notified or if the notification process took long time, the SCC Board may extend the time given. Thus, both parties must be given equal and reasonable opportunity to present its case.
The SCC has received comments, written as well as orally presented, from persons with an interest in arbitration. All views have been carefully considered and many of them have resulted in amendments in the original proposal. Overall the comments have been very positive and welcoming. The purpose behind the "Emergency Rules" is to strengthen the SCC Rules and make them more attractive and useful for potential users.
Shortly, more practical details on how to apply for the appointment of an Emergency Arbitrator will be presented on the website.
Overseas Shipholding Group and Aker Sign Settlement Agreement
Dec 11, http://ir.osg.com/phoenix.zhtml?c=82053&p=irol-newsArticle&ID=1365227&highlight=
Overseas Shipholding Group, Inc., a market leader in providing energy transportation services, announced it has entered into a settlement agreement with American Shipping Company ASA ("AMSC"), Aker Philadelphia Shipyard ASA, and Aker Philadelphia Shipyard, Inc. ("APSI"), (collectively "Aker") that settles all outstanding commercial disputes between OSG and Aker and provides for the dismissal with prejudice of all the claims in the arbitration among the parties. The settlement also provides for certain modifications to other existing agreements among AMSC and OSG, including eliminating restrictions on OSG's ability to purchase Jones Act product tankers, changes to the profit sharing agreement as well as providing vessel purchase rights under specific conditions. The settlement agreement has received all necessary third party approvals as well as approval from the U.S. Coast Guard.
In connection with the agreement, OSG will purchase two Handysize product carriers, the Overseas Cascade and Hull 015 (TBN Overseas Chinook) for approximately $115 million per vessel. The Overseas Cascade delivered to OSG simultaneous with today's settlement announcement. The Overseas Cascade and TBN Overseas Chinook will be converted to shuttle tankers and have been chartered out to Petrobras America, Inc. (Petrobras). Following conversion work, the vessels are expected to deliver to Petrobras in the second quarters of 2010 and 2011, respectively. The shuttle tankers will transport oil from Petrobras' FPSO (Floating Production Storage and Offloading) facilities located in the Cascade and Chinook ultra-deepwater fields in the U.S. Gulf of Mexico.
Of APSI's 12 ship newbuild program with OSG, eight vessels have been delivered and four additional vessels deliver through 2011.
In connection with the settlement, Evercore Partners acted as financial advisor to OSG. Proskauer Rose LLP acted as legal counsel to OSG.
India-Italy to Strengthen Economic and Commericial Relations
Dec 14, http://www.indiainfoline.com/Markets/News/News.aspx?NewsId=19836
... A Memorandum of Understanding was also signed at the Joint Commission Meeting here today by Shri Anand Sharma and Mr. Claudio Scajola in the following areas: FICCI-ICE in Trade & Investment Promotion, Indian Trade Missions to Italian fairs, training courses and protection of Intellectual Property Rights; FICCI Arbitration and Conciliation Tribunal (FACT) - Chamber of Arbitration of Milan (CAM) in arbitration and dispute resolution; and INVESTINDIA-SIMEST and INVITALIA in bilateral investments....
U.S. Freezes $2 Billion in Iran Case
Dec 12, http://online.wsj.com/article/SB126057864707988237.html?mod=googlenews_wsj
More than $2 billion allegedly held on behalf of Iran in Citigroup Inc. accounts were secretly ordered frozen last year by a federal court in Manhattan, in what appears to be the biggest seizure of Iranian assets abroad since the 1979 Islamic revolution.
...
That year [1979], the U.S. government froze around $12 billion of Iranian assets in retaliation for the kidnapping of American diplomats and military personnel. While a portion of the funds was returned after the hostages' release, a United Nations body in the Netherlands continues to try and arbitrate the return of the remaining assets, which include bank deposits, gold and real estate.
CEDR Conference on Settlement in International launches first Final Report and Rules
http://www.cedr.com/about_us/arbitration_commission/
On 26 November 2009, CEDR held the first conference to focus entirely on settlement in International Arbitration, to mark the end of the CEDR Commission on International Arbitration's consultation on new Rules to encourage settlement in international Arbitration. Drawing speakers and delegates from across the globe, this event was an opportunity for those within the arbitration community to share their thoughts and opinions on what has been described as "a very important initiative", and to launch the final report.
Chaired by Lord Woolf, the conference attracted 100 delegates from Australia, Canada, China, Germany, Hong Kong, Japan, Kuwait, Republic of Ireland, South America, Switzerland, Taiwan, the United Kingdom and the United States. The conference explored the theme of settlement from a variety of perspectives including the arbitrator's view, the arbitral institutions' opinion, thoughts from Corporate Counsel, the views of External Counsel and the views from different cultural perspectives.
You can find a copy of the final report, launched at this year's conference here:
http://www.cedr.com/about_us/arbitration_commission/Arbitration_Commission_Doc_Final.pdf
Rules and Recommendations:
http://www.cedr.com/about_us/arbitration_commission/Rules.pdf
OPTi files for Arbitration against NVIDIA Corporation
Dec 10, http://www.opti.com/releases/NVIDIA%20Announcement%20Dec%202009.pdf
OPTi Inc announces that it initiated an arbitration against NVIDIA Corporation ("NVIDIA") because OPTi believes that NVIDIA has breached the terms of a license agreement between NVIDIA and OPTi, dated August 3, 2006. The license agreement provided that OPTi was to receive quarterly royalty payments of $750,000 commencing in February 2007 and continuing as long as NVIDIA continued to use OPTi's pre-snoop technology up to a maximum of 12 such payments. OPTi filed an earlier arbitration against NVIDIA and was awarded five quarterly payments, totaling $3,750,000, for the period of February 1, 2007 to April 30, 2008. OPTi believes that NVIDIA has continued to use the pre-snoop technology, but has not made any of the required quarterly payments since the last arbitration ruling. The parties had entered into the license agreement as settlement of patent infringement claims that OPTi had brought against NVIDIA.
Bernard Marren, President and CEO of OPTi, stated: "It is the intention of the Company to pursue all legal remedies, as per the terms of the agreement, against NVIDIA for NVIDIA's continued use of the pre-snoop technology after May 1, 2008. Based on the information we have uncovered to date, we think that it is likely that NVIDIA will owe OPTi payments for one or more quarters."
Leatt Corporation Gets Arbitration Award
Dec 10, http://www.earthtimes.org/articles/show/leatt-corporation-gets-arbitration-award,1084732.shtml
Leatt Corporation announced that it received an Arbitration Award in South Africa which granted Leatt Corporation's request for a permanent restraining order against Karl Ebel and Grant Nelson former employees of Leatt Corporation, as well as one other ("Defendants"), which order permanently restrains them from disclosure of proprietary information about and any commercial exploitation of our Neck Brace intellectual property. The Company is seeking enforcement of the arbitration order in the U.S. against the Defendants. ... Dr. Chris Leatt, CEO of the Company, said, "We believe in protecting our Intellectual Property and confidential information vigorously. We are thrilled with the outcome of the Arbitration Award and look forward to receiving a final Court Order."
Nfld. & Labrador won't pursue Abitibi lawsuit over severance pay
Dec 10, http://www.cbc.ca/canada/newfoundland-labrador/story/2009/12/10/nl-abitibi-severance-101209.html
The government of Newfoundland and Labrador has quietly dropped plans to take AbitibiBowater to court to recover nearly $40 million.
...
He said the government and the company are in the middle of an international trade dispute over Williams's decision to expropriate most of AbitibiBowater's property in the province.
Egypt regulator OKs France Tel bid for Mobinil
Dec 10, http://www.reuters.com/article/idUSGEE5B92JZ20091210
Egypt's regulator has approved an offer from a unit of France Telecom (FTE.PA) to buy Mobinil (EMOB.CA), which has been at the centre of a dispute between the French firm and its other main shareholder Orascom Telecom. ... Those offers followed an arbitration court ruling in April that said Orascom must sell its stake in their joint holding company to the French firm.
See also "FACTBOX-Dispute over ownership of Egypt's Mobinil" http://af.reuters.com/article/investingNews/idAFJOE5B90JL20091210
Eni and the Consumer Associations of Italy sign nationwide online joint arbitration protocol
Dec 9, http://www.eni.com/en_IT/media/press-releases/2009/12/2009-12-09-eni-consumer-associations.shtml
Eni Chief Executive Officer Paolo Scaroni and the consumer associations recognised by Italy's National Council of Users and Consumers (CNCU) today signed the Eni online national arbitration protocol for the gas sector. Joint arbitration, a development keenly pursued by Eni and the consumer associations, is an approach whose characteristics and potential differentiate it from other forms of out-of-court settlement. Joint arbitration enables customers to communicate with the company through the specialised mediation by the consumer associations, on the basis of clear procedures and times that enable disputes to be settled in a rapid, economic and friendly manner.
Cooperation between Eni and the associations on drafting the arbitration protocol involved the formation of a special committee, which monitored the results of the procedure during the experimental phase in the Veneto region. Following the success of the trial, Eni and the associations have decided to implement the protocol throughout Italy and to broaden the range of instances in which arbitration may be requested. New developments envisaged by the protocol include arbitration on double billing and on a number questions regarding non-payment. The value of arbitration, acknowledged at European level and the object of extensive debate in Italy, makes this type of procedure and the Eni protocol in particular one of the most innovative auxiliary tools for consumers.
JURIST: Supreme Court hears arguments on arbitration act (Stolt-Nielsen S.A. v. AnimalFeeds International Corp.)
http://jurist.law.pitt.edu/paperchase/2009/12/supreme-court-hears-arguments-on_09.php
The US Supreme Court heard oral arguments Wednesday in Stolt-Nielsen S.A. v. AnimalFeeds International Corp. on whether imposing class arbitration on parties is consistent with the Federal Arbitration Act (FAA) [9 USC § 1-14 text] when that issue is silent in the parties' arbitration clauses. The US Court of Appeals for the Second Circuit ruled that construing the arbitration clause to permit class arbitration "did not manifestly disregard the law" because the parties specifically agreed that the arbitration panel would decide on the scope of the clause and, therefore, the panel did not exceed its authority.
Kuwait calls for simplifying commercial arbitration measures
Dec 8, http://www.zawya.com/Story.cfm/sidZAWYA20091209072101
... Deputy Prime Minister for Legal Affairs, Minister of Justice and Minister of Awqaf and Islamic Affairs, Rashed Al-Hammad, called in a statement addressed on his behalf by the acting undersecretary, Dr. Mohammad Al-Ansari, for choosing the best procedures and systems for promoting public awareness of legal affairs, namely measures for commercial contracts and terms for resorting to arbitration to settle commercial disputes. ...
International Court of Arbitration (ICC) orders PGN to pay $17m to partners
Dec 8, http://www.thejakartapost.com/news/2009/12/08/court-orders-pgn-pay-17m-partners.html
The International Court of Arbitration (ICC) in Singapore has ordered Indonesia's state gas distributor PT Perusahaan Gas Negara (PGN) to pay US$17.29 million to its partner companies following a fee dispute in a gas pipeline construction project.
US 5th Circuit: McCarran-Ferguson Act Does Not Authorize State Law to Reverse-Preempt NY Convention
Dec 7, http://www.adr.org/sp.asp?id=36934
The 5th U.S. Circuit Court of Appeals recently ruled that the McCarran-Ferguson Act does not authorize state law to reverse-preempt the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) or the legislation implementing it.
Gold Reserve President Douglas Belanger: "There have been substantial violations of the Canada-Venezuela bilateral investment treaty"
Nov 6, http://www.bnamericas.com/interviews/mining/Douglas_Belanger_,Gold_Reserve,
After years of disputes with the Venezuelan government while attempting to develop the Brisas deposit in the country without success, Spokane-based Gold Reserve has finally made good on its many threats to take the case to an international court. On October 21 the company filed a request for arbitration with the World Bank's International Centre for Settlement of Investment Disputes (ICSID) on grounds the government has violated the Canada-Venezuela treaty on bilateral investment by not granting Gold Reserve the permits it needs to develop Brisas, although the company says it has complied with all the requirements necessary to obtain permission.
PODCASTS
IDN 83 - How to Avoid Bedlam in the Boardroom and Boredom in the Bedroom, with Jane Gunn
London mediator and author Jane Gunn discusses the principles in her new book, "How to Avoid Bedlam in the Boardroom and Boredeom in the Bedroom."
EVENTS
Roundtable discussion with the delegates to the UNCITRAL Working Group II (Arbitration and Conciliation) February 3, 2010, New York
Debevoise & Plimpton LLP is pleased to invite you to participate in, and contribute to a roundtable discussion with the delegates to the UNCITRAL Working Group II (Arbitration and Conciliation) and Mr. Renaud Sorieul, the Secretary of UNCITRAL. The roundtable will take place on Wednesday, February 3, 2010 from 6:30 to 8:30 PM, at the offices of Debevoise & Plimpton located at 919 Third Avenue in New York. It will be organized by the Arbitration Committee of the Association of the Bar of the City of New York and the American Bar Association's Section of International Law.
We are privileged to have a terrific panel of speakers featuring:
- James Castello, King & Spalding LLP, Member of the United States' delegation to the UNCITRAL Working Group II,
- Mark W. Friedman, Debevoise & Plimpton LLP, Member of the observer delegations of the London Court of International Arbitration and the International Bar Association to the UNCITRAL Working Group II,
- Sophie Nappert, Arbitrator, 3 Verulam Buildings, Member of the observer delegation of the Forum for International Conciliation and Arbitration,
- Michael E. Schneider, Lalive Avocats, Chairman of the UNCITRAL Working Group II sessions since September 2006, Member of Switzerland's delegation to the Working Group II,
- Roland G. Schroeder, General Electric Company, Member of the observer delegation of the Corporate Counsel International Arbitration Group to the UNCITRAL Working Group II, and
- Renaud Sorieul, the Secretary of UNCITRAL.
Yulia Andreeva will moderate the debate.
We hope that this event will serve as a platform for an engaged dialogue between the drafters of the new UNCITRAL rules and the arbitration community. To make this dialogue most productive and responsive to the demands of the day, we would like to gather questions from you ahead of the event, to be discussed with the speakers on February 3 2010. All questions are welcome, from the philosophy of the new rules to specific drafting solutions. Every contribution will be gratefully acknowledged at the event. We count on your interest and participation!
To RSVP for this event, please email
For those who are unable to join us in person, please take note of the following dial-in
details:
USA Toll Free: 877 322 9654
USA Caller Paid/International Toll: +1 954 797 1657
Participant Code: 862704
We hope to see many of you in New York on February 3 2010!
The Resolution of Intellectual Property Disputes: 8 February 2010
http://www.unige.ch/droit/jdpi_en.html
Geneva, Switzerland
The goal of the conference which is organized by the Law School of the University of Geneva jointly with the Arbitration and Mediation Center of the World Intellectual Property Organization and the Swiss Group of the Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI) is to explore the topic of the resolution of intellectual property disputes from an international, European and Swiss perspectives on the basis of presentations made by renowned scholars and practictioners. It will give an opportuntity to address - among other topics - the issue of intellectual property disputes at the WTO and at the level of the European Union (from litigation and private international law standpoints). It will also cover alternative dispute resolutions methods for solving intellectual property disputes (including by arbitration).
Investment Treaty Law and Arbitration: Evolution and Revolution in Substance and Procedure, 19-20 February 2010 [pdf]
http://www.usyd.edu.au/news/law/457.html?eventcategoryid=37&eventid=4307
Venue: Sydney Law School, University of Sydney, Australia
This conference explores some of the most controversial issues in contemporary investment treaty law and arbitration discourse and practice. A global web of investment treaties has emerged, free trade agreements increasingly contain investment protection provisions, and investor-State arbitration is now well-established on the international plane as a significant dispute resolution mechanism. These developments are, however, impacting on a wide range of non-investment areas and politico-legal issues. The conference will explore these impacts, emerging issues in the nature of investment treaties, evolving jurisprudential trends, and potential changes in future direction for investment law and arbitration.
Full programme http://www.law.usyd.edu.au/events/2010/Feb/ITAbrochure_Feb10.pdf
The "Vienna Arbitration Days" Conference, Feb. 12 + 13, 2010
Vienna, Austria
http://www.viennaarbitrationdays.at/
The "Vienna Arbitration Days" Conference will focus on the practical effects of the (past?) financial crises on arbitration: - Attitudes of state entities - have they changed?; - Tactics against effective arbitration - as instructed by quite some clients; - Insolvency and arbitration; - Is arbitration as a system in crisis?; Internationally well known speakers will present these delicate issues. Participants from 30 countries are expected. Discount on standard registration fees available for TDM / OGEMID members, contact us for details.
International Commercial Arbitration in the Americas: Beyond Cultural Clash and Toward Maturity : 17 March 2010
Co-sponsored by the Inter-American Bar Association and the Inter-American Commercial Arbitration Commission.
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.
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.
5th Annual Conference on International Arbitration and Mediation - Fordham Law School. New York City, June 14-16 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. Maurice Mendelson, Q.C. will be a speaker and moderate one of the panels, more details to follow.
For more information and online registration, please visit 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.
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.
BOOKS
Le Droit Européen et L'investissement sous la direction de Catherine Kessedjian et Charles Leben
Editions Panthéon-Assas
Paris, 2009, 176 pages 25 euros
(3 chapters are in English, the rest in French)
At the time the New Treaties on the European Union and on the Functioning of the European Union come into force, it is good that we already have some reflections on the new explicit competence for foreign direct investment (articles 206 and 207 TFEU) granted to the Union. Even before that, the European Court did not hesitate to use the internal market rules to force Member States out of some BIT provisions which were considered as contrary to European Law. All of that, and more, is the object of the book published by Editions Panthéon-Assas and edited by Catherine Kessedjian and Charles Leben.
The book is titled "Le droit européen et l'investissement". Some chapters are in French, others in English. It is the result of the one-day conference organised in April 2009 at the European College of Paris. The book may be purchased directly from Editions Panthéon-Assas or through your favorite bookstore, for 25 euros.
A book review will be published in a future edition of TDM.
State Liability in Investment Treaty Arbitration - Global Constitutional and Administrative Law in the BIT Generation
Santiago Montt
Nov 2009, 460pp, 9781841138565. Price: £65 / €85
Discount rate: £52 / €68 for OGEMID members (contact us for details)
http://www.hartpub.co.uk/books/details.asp?isbn=9781841138565
Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law.
We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed.
State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause.
A book review will be published in a future edition of TDM.
50 Years of the New York Convention
Albert Jan Van Den Berg
ISBN13: 9789041132123
ISBN: 9041132120
November 2009, Publisher: Kluwer Law International
Volume 14 of ICCA Congress Series, The New York Convention at 50, comprises the proceedings of the ICCA Conference held in Dublin in 2008 on the fiftieth anniversary of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. One of the highlights of the Conference was a Plenary Session in which the world's leading arbitration experts debated the need to revise the New York Convention. This discussion, along with the text of a preliminary draft of the revised Convention presented during the Conference, is reported in this volume.
Further Reports and Commentary explore the two main themes of the Conference: Investment Treaty Arbitration/Treaty Arbitration, with contributions on:
- The Impact of Investment Treaty Arbitration: Identifying the Expectations, Testing the Assumptions;
- Investment Treaty Arbitration and Commercial Arbitration: Are They Different Ball Games?
- Remedies in Investment Treaty Arbitration: The Bottom Line; and
- The Enforcement of Investment Treaty Awards,
and Rules-Based Solutions to Procedural Issues, with contributions on:
- Multi-party Disputes;
- Consolidation of Claims;
- Summary Disposition; and
- Provisional Measures.
The volume also includes transcripts of the Round Table Session assessing the revisions to the UNCITRAL Rules on International Commercial Arbitration and of an Open Discussion on Recent Developments in International Arbitration.
ICSID Updates
Award: Government of the Province of East Kalimantan v. PT Kaltim Prima Coal and others (ICSID Case No. ARB/07/3)
Outcome of Proceeding: Award rendered on December 28, 2009.
New: Corporación Quiport S.A. and others v. Republic of Ecuador (ICSID Case No. ARB/09/23)
Construction, management and maintenance of airport facilities. Registered December 30, 2009. Tribunal not yet constituted.
New: Abengoa, S.A. y COFIDES, S.A. v. United Mexican States (ICSID Case No. ARB(AF)/09/2)
Subject Matter: Waste disposal enterprise. Registered December 11, 2009. Tribunal not yet constituted
New: UAB "ARVI" ir ko and UAB "SANITEX" v. Republic of Serbia (ICSID Case No. ARB/09/21)
Subject Matter: Fertilizer plant. Date Registered: December 18, 2009. Tribunal not yet constituted.
New: Itera International Energy LLC and Itera Group NV v. Georgia (ICSID Case No. ARB/09/22)
Subject Matter: Gas distribution enterprise
Date Registered: December 29, 2009
Status of Proceeding: Pending (Tribunal not yet constituted)
Víctor Pey Casado and President Allende Foundation v. Republic of Chile (ICSID Case No. ARB/98/2)
Date of Constitution of Ad hoc Committee: December 22, 2009. Composition of Ad hoc Committee: L. Yves Fortier, Piero Bernardini, Ahmed Sadek El-Kosheri
Reinhard Hans Unglaube v. Republic of Costa Rica (ICSID Case No. ARB/09/20)
Tribunal Constituted December 29, 2009. J.L. Kessler, F. Berman B.M. Cremades
Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. v. Argentine Republic (ICSID Case No. ARB/09/1)
Tribunal Constituted January 04, 2010. T. Buergenthal H.C. Álvarez K. Hossain
ConocoPhillips Company and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30)
Status of Proceeding: Pending (the Centre notifies the parties of the vacancy on the Tribunal and of the suspension of the proceeding on January 4, 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: Pending (Centre notifies the parties of the vacancy on the Tribunal and of the suspension of the proceeding on January 4, 2010)
The Rompetrol Group N.V. v. Romania (ICSID Case No. ARB/06/3)
Status of Proceeding: Pending (the Respondent files observations on the Claimant's request for production of documents of December 4, 2009 on December 11, 2009)
Ioan Micula, Viorel Micula and others v. Romania (ICSID Case No. ARB/05/20)
Status of Proceeding: Pending (the Claimants file a reply on the merits on December 22, 2009)
Shell Nigeria Ultra Deep Limited v. Federal Republic of Nigeria (ICSID Case No. ARB/07/18)
Status of Proceeding: Pending (the Claimant files a reply on the merits on October 22, 2009)
AES Corporation v. Argentine Republic (ICSID Case No. ARB/02/17)
Status of Proceeding: Pending (pursuant to the parties' agreement, the suspension of the proceeding is further extended on December 28, 2009)
International Company for Railway Systems (ICRS) and Privatization Holding Company (PHC) v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/09/13)
Date of Constitution of Tribunal: December 28, 2009. P.L. Robinson, S.A. Alexandrov, B. Audit
Elsamex, S.A. v. Republic of Honduras (ICSID Case No. ARB/09/4)
Status of Proceeding: Pending (the Respondent files a memorial on jurisdiction on December 18, 2009)
Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12)
Status of Proceeding: Pending (the Respondent files a counter-memorial on jurisdiction and the merits on December 22, 2009)
Itera International Energy LLC and Itera Group NV v. Georgia (ICSID Case No. ARB/08/7)
Status of Proceeding: Pending (the Tribunal issues a decision on the admissibility of ancillary claims on December 4, 2009)
Brandes Investment Partners, LP v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/3)
Status of Proceeding: Pending (Tribunal recently reconstituted)
Electrabel S.A. v. Republic of Hungary (ICSID Case No. ARB/07/19)
Status of Proceeding: Pending (the Respondent files a rejoinder on the merits on December 22, 2009)
ABCI Investments N.V. v. Republic of Tunisia (ICSID Case No. ARB/04/12)
Status of Proceeding: Pending (the proceeding is resumed following payment of the required advances on December 22, 2009)
Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9)
Status of Proceeding: Pending (the Argentine Republic files a memorial on annulment on December 22, 2009)
Nations Energy, Inc. and others v. Republic of Panama (ICSID Case No. ARB/06/19)
Status of Proceeding: Pending (the Tribunal issues a procedural order concerning rules of procedure and procedural calendar on December 17, 2009)
Azurix Corp. v. Argentine Republic (ICSID Case No. ARB/03/30)
Status of Proceeding: Pending (pursuant to the parties' agreement, the proceeding is suspended on December 17, 2009)
Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12)
Tribunal Constituted: November 18, 2009. President: V.V. VEEDER (British) Arbitrators: Brigitte STERN (French) Guido Santiago TAWIL (Argentine)
Millicom International Operations B.V. and Sentel GSM S.A. v. Republic of Senegal (ICSID Case No. ARB/08/20)
Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the procedural calendar on December 14, 2009)
Participaciones Inversiones Portuarias SARL v. Gabonese Republic (ICSID Case No. ARB/08/17)
Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the procedural calendar and the Respondent's representation on December 15, 2009)
Electrabel S.A. v. Republic of Hungary (ICSID Case No. ARB/07/19)
Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents on December 16, 2009)
Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14)
Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the procedural calendar on December 15, 2009)
Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/09/2)
Status of Proceeding: Pending (the Respondent files objections to jurisdiction on December 14, 2009)
Inmaris Perestroika Sailing Maritime Services GmbH and others v. Ukraine (ICSID Case No. ARB/08/8)
Status of Proceeding: Pending (the parties file post-hearing briefs on September 1, 2009)
ATA Construction, Industrial and Trading Company v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/08/2)
Status of Proceeding: Pending (the parties file post-hearing briefs on December 3, 2009)
The Rompetrol Group N.V. v. Romania (ICSID Case No. ARB/06/3)
Status of Proceeding: Pending (the Claimant files a request for production of documents on December 4, 2009)
Hrvatska Elektroprivreda d.d. v. Republic of Slovenia (ICSID Case No. ARB/05/24)
Status of Proceeding: Pending (the Respondent files reply statement of costs on November 25, 2009)
Mobil Exploration and Development Inc. Suc. Argentina and Mobil Argentina S.A. v. Argentine Republic (ICSID Case No. ARB/04/16)
Status of Proceeding: Pending (the Respondent files a counter-memorial on the merits on December 7, 2009)
Electrabel S.A. v. Republic of Hungary (ICSID Case No. ARB/07/19)
Status of Proceeding: Pending (the Claimant files observations on the Respondent's request for production of documents on December 14, 2009)
Global Trading Resource Corp. and Globex International, Inc. v. Ukraine (ICSID Case No. ARB/09/11)
Tribunal Constituted December 09, 2009. Composition: Franklin BERMAN, Emmanuel GAILLARD, J. Christopher THOMAS
Holcim Limited, Holderfin B.V. and Caricement B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/09/3)
Tribunal Constituted December 10, 2009. Composition: Juan FERNÁNDEZ-ARMESTO, Georges ABI-SAAB, Charles N. BROWER
Elsamex, S.A. v. Republic of Honduras (ICSID Case No. ARB/09/4)
Status of Proceeding: Pending (the Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5) on November 11, 2009)
Millicom International Operations B.V. and Sentel GSM S.A. v. Republic of Senegal (ICSID Case No. ARB/08/20)
Status of Proceeding: Pending (the Tribunal issues a decision on provisional measures on December 9, 2009)
CEMEX Caracas Investments B.V. and CEMEX Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15)
Decision on Proposal for Disqualification of an Arbitrator (November 06, 2009) made available.
Bosh International, Inc. and B&P, LTD Foreign Investments Enterprise v. Ukraine (ICSID Case No. ARB/08/11)
Status of Proceeding: Pending (the Claimants file a memorial on the merits on November 30, 2009)
Electrabel S.A. v. Republic of Hungary (ICSID Case No. ARB/07/19)
Status of Proceeding: Pending (the Respondent files a request for production of documents on December 10, 2009)
Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14)
Status of Proceeding: Pending (the Tribunal issues a procedural order concerning hearing organization on November 11, 2009)
Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. ARB/06/11)
Status of Proceeding: Pending (the Tribunal holds a hearing on quantum in Paris on November 3-7, 2009)
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 holds a hearing on provisional measures by telephone conference on November 24, 2009)
Daimler Financial Services AG v. Argentine Republic (ICSID Case No. ARB/05/1)
Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction and merits in Washington, D.C. on November 30-December 7, 2009)
Asset Recovery Trust S.A. v. Argentine Republic (ICSID Case No. ARB/05/11)
Status of Proceeding: Pending (the Claimant files a rejoinder on jurisdiction on November 16, 2009)
Gemplus, S.A., SLP, S.A. and Gemplus Industrial, S.A. de C.V. v. United Mexican States (ICSID Case No. ARB(AF)/04/3)
Status of Proceeding: Pending (the Tribunal declares the proceeding closed on November 30, 2009)
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 counter-memorial on annulment on November 23, 2009)
Adem Dogan v. Turkmenistan (ICSID Case No. ARB/09/9)
Status of Proceeding: Constitution of Tribunal on December 08, 2009
MTN (Dubai) Limited and MTN Yemen for Mobile Telephones v. Republic of Yemen (ICSID Case No. ARB/09/7)
Status of Proceeding: Pending (the Tribunal holds a first session in Frankfurt on December 4, 2009)
Itera International Energy LLC and Itera Group NV v. Georgia (ICSID Case No. ARB/08/7)
Status of Proceeding: Tribunal issues a Decision on the Admissibility of Ancillary Claims on December 4, 2009. Published Decisions Available on the ICSID Website