issue #03, week 07. 18 February 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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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
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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 Recently published
- Effect of Party Insolvency on Arbitration Proceedings: Pause for Thought in Testing Times
- International Company for Railway Systems (ICRS) and Privatization Holding Company (PHC) v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/09/13)
- 1976 UNCITRAL Arbitration Rules in comparison with Revised UNCITRAL Arbitration Rules - Status January 27, 2010
See https://www.transnational-dispute-management.com/journal-advance-publication.asp
NEWS
Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (Belgium v. Switzerland) Fixing of time-limits for the filing of the initial written pleadings [pdf]
Feb 17, http://www.icj-cij.org/docket/files/146/15845.pdf
THE HAGUE, 17 February 2010. The International Court of Justice (ICJ), principal judicial organ of the United Nations, has fixed the time-limits for the filing of the initial written pleadings in the case concerning Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (Belgium v. Switzerland).
Tidewater Submits Venezuela Dispute To ICSID Arbitration
Feb 17, http://www.rttnews.com/ArticleView.aspx?Id=1214558&SMap=1
Tidewater Inc. and certain of its subsidiaries disclosed in a regulatory filing that they have filed a request with the International Centre for Settlement of Investment Disputes or ICSID, seeking arbitration against the Bolivarian Republic of Venezuela. Tidewater claims that Petróleos de Venezuela, S.A. or PDVSA, the national oil company of Venezuela, and subsidiary Petrosucre, S.A, have directly or indirectly expropriated its investments in Venezuela during May and June of 2009, without paying any compensation.
Q&A: The Falklands oil row
Feb 17, http://news.bbc.co.uk/2/hi/business/8520038.stm
The war between the UK and Argentina over the Falkland Islands ended almost 28 years ago. But tensions over the sovereignty of the islands have never quite gone away. Argentina still claims sovereignty over what it calls the Islas Malvinas. The discovery of oil and gas in the area has added an economic dimension to the long-running dispute between the two nations over the islands.
Scorpion Offshore - Notice of Arbitration filed
Feb 16, http://cws.huginonline.com/S/136299/PR/201002/1385181_5.html
Scorpion Nederlandse B.V, Venezuela Branch., a wholly-owned subsidiary of Scorpion Offshore Ltd. ("Scorpion" or the "Company") has filed an official notice of arbitration related to its payment dispute with UrdanetaGazprom-1 S.A. ("Gazprom") on 16 February 2010 pursuant to the terms of the drilling contract. The venue for arbitration is Paris, France and is governed by Venezuelan law. The Company has contracts with two Gazprom affiliates (the "Contracts") each for one well plus options for two additional wells.
The Offshore Vigilant completed operations on the first well contract for Gazprom in mid-October 2009 with over $30 million in undisputed invoices outstanding. In October, Scorpion issued a notice of mediation to Gazprom, which resulted in Scorpion collecting $19 million against outstanding invoices. Currently, $15.9 million in invoices remains outstanding and overdue.
At completion of the first well contract, Gazprom advised Scorpion that it was not in a position to commence operations on the second well in direct continuation of the first well as provided in the Contracts. At Gazprom's request, the Company mobilized the Offshore Vigilant to Trinidad where the rig is currently operating for a US independent oil and gas company. Scorpion is currently in discussions with Gazprom regarding its future plans and timing of the second well contract.
Scorpion Offshore Ltd. is a Bermuda based corporation founded in 2005 to own and operate state-of-the-art offshore drilling rigs.
Gulf Keystone concludes Settlement Agreement with BG on HBH Project
Feb 18, http://ir2.bestex-quotes.co.uk/ir/gulfkeystone/newsArticle.php?id=206652&ST=GKP
Gulf Keystone Petroleum Ltd is pleased to announce that it has negotiated an agreement with BG North Sea Holdings Limited that settles, on confidential terms, the claims and counterclaims between the parties in the previously announced arbitration*1.
The agreement provides for the immediate stay of the arbitration and the proposed transfer of the Company's interests in the Hassi Ba Hamou ("HBH") Permit for a net cash payment from BG of $9.9m to GKP. The agreement is subject to the conclusion of separate transfer documentation which will require the approval of Sonatrach and any necessary Algerian governmental authorities. Whilst the Company is confident that the necessary approvals will be forthcoming, there is no guarantee this will be the case.
Todd Kozel, Executive Chairman of Gulf Keystone, commented:
"We welcome the agreement with BG which is a significant step in the strategic refocusing of the Company's activities in Kurdistan. Following this transaction, we hope that further announcements will be made with respect to the orderly disposal of the Company's other interests in Algeria."
*1 see July 2009, http://ir2.bestex-quotes.co.uk/ir/gulfkeystone/newsArticle.php?id=97803&ST=GKP
Further to the announcement dated 14 July 2009*2 that Gulf Keystone had suspended further investment in the Hassi Ba Hamou Permit ("Permit"), the Company has now been duly notified by BG North Sea Holdings Limited (BG), as Operator, that it is exercising certain of its rights under the terms of the Joint Operating Agreement ("JOA") which could, subject to certain Permit conditions lead to the Company's withdrawal from the JOA and the Permit and forfeiture of all rights there under. BG also claim a cash sum due of $7,457,041. The Company has filed for arbitration under the JOA relating to a dispute over the validity of cash calls and breach by BG of certain conditions.
The Company contends that the rights which BG seeks to exercise are unenforceable and will seek all remedies available to it to oppose such exercise. The Company also disputes liability for the amount claimed.
Gulf Keystone confirms its intention to seek a buyer for its interest in the Permit. A sale of the Company's interest in the Permit is subject to approvals from the Algerian Government and Gulf Keystone's partners, Sonatrach and BG.
*2 see http://ir2.bestex-quotes.co.uk/ir/gulfkeystone/newsArticle.php?id=94816&ST=GKP
Turkey Removes MBDA from Blacklist
Feb 15, http://www.defensenews.com/story.php?i=4499343&c=EUR&s=TOP
ANKARA - Turkey's defense procurement office removed MBDA from a blacklist last month after an international legal dispute between the Ankara government and the French missile maker ended amicably, Turkey's top procurement official has revealed.
Venezuela Seeks to Buy Casino Unit
Feb 16, http://online.wsj.com/article/SB10001424052748703562404575067302969020886.html?mod=WSJ_World_LEFTSecondNews
CARACAS, Venezuela—Venezuelan President Hugo Chávez is seeking to purchase a local unit of France's Casino Guichard-Perrachon SA, a few weeks after he first ordered the expropriation of one of the retail chains controlled by the French company.
Chavez takes over another supermarket in Venezuela
Feb 15, http://www.internationalsupermarketnews.com/index.php/index.php?option=com_content&view=article&id=3039:chavez-takes-over-another-supermarket-in-venezuela&catid=1:latest-news&Itemid=50
By Chloe Pitts - Venezuelan president Hugo Chavez has announced plans to buy the Casino-owned supermarket chain Cada, a month after having expropriated the Exito chain owned by the same company.
S.Africa to introduce new land reform laws: minister
Feb 15, http://www.africasia.com/services/news/newsitem.php?area=africa&item=100215155853.b5mugyut.php
South Africa will introduce new legislation to quicken reforms which have left the bulk of land still in white minority hands, a government minister said on Monday. Land reform minister Gugile Nkwinti said current legislation was "admirable" but had failed to unlock an apartheid-era divide that saw whites owning 87 percent the nation's farmland. "Sadly... it is too fragmented to effectively address the centuries-old land question in South Africa", Nkwinti told parliament.
UAE and Kuwait: New companies law will have little effect on M&A activity
Feb 15, http://www.business24-7.ae/Articles/2010/2/Pages/14022010/02152010_dc62d19adace4b34be1c70002eb2d900.aspx
... Separately, the UAE Ministry of Economy is also working on foreign investment legislation, which is still in the drafting stage and has yet to be circulated around the local legal community, a second lawyer said. Along with the companies law, new arbitration legislation is expected to be passed by the end of the year. A new insolvency law is also in the works. The arbitration and insolvency laws will affect distressed sellers, the first lawyer noted. Asset sales and consolidations among distressed companies are expected to be the motor for much M&A activity going forward.
The new arbitration law will provide a framework for dispute resolution, based on the UN's Model Law on International Commercial Arbitration, the second lawyer said. It is expected to go a long way to address the deficiencies in existing arbitration rules, currently covered by less than 20 articles. To date, the troubles of Amlak Finance and Tamweel, which are still set to merge have required the establishment of two separate, special tribunals to deal with potential creditor claims.
However, it is in Kuwait where rules affecting listing companies will undergo the most significant overhaul.
Russian court recognized the separate award by SCC
Feb 11, http://www.chamber.se/?id=23696&newsid=31609
Decision of Arbitrazh Court of St Petersburg and Leningrad region in the case No A56-63115/2009 Dated 11 December 2009. In December 2009 the state arbitrazh court of St. Petersburg recognized and granted enforcement of the separate award by SCC, under which a Russian company (Respondent) was obliged to reimburse a half of advance on costs to a Swedish company (Claimant).
The Respondent failed to pay its part of advance on costs within the SCC proceedings, whereby the Claimant had to pay the advance in full amount. The SCC initiated the arbitration proceedings and made a separate award on compensation of the amount paid by the Claimant instead of the Respondent. The Claimant applied to the competent state court of the RF for recognition and enforcement of the separate award while the proceedings went on. The first instance court has recognized the award.
The court rejected inter alia a public policy argument by the Respondent, which is the most often used by Russian courts in order to deny recognition of foreign awards within last years.
See also the OGEMID discussion.
Update on the international Lectra arbitral tribunal award
Feb 11, http://www.lectra.com/en/include/iframe_latest_news.html#
On October 28, 2009, the International Court of Arbitration of the International Chamber of Commerce (with hearings in London) notified the parties of the award in the arbitration initiated in June 2005 by Lectra against Induyco, the former shareholder of Investronica Sistemas. Induyco has since opposed to the payment of the award and obtained an interim order in Spain temporarily suspending operation of the first demand guarantees it had provided to Lectra (Lectra has appealed against this decision). Induyco also commenced proceedings in Spain, challenging Lectra's demand under the demand guarantees, and in the U.K., challenging the award. Lectra considers both court actions to be entirely without merit and intends to mount an aggressive and vigorous defense of its rights, and to seek recovery of the amounts due to it under the award. In view of these new proceedings, the award of € 25.3 million has not been recognized in the 2009 financial statements, and the accounting methods applied to the arbitration procedure, as adopted at December 31, 2008, remain unchanged. As all costs incurred by Lectra at the date of the award have already been paid in full, the execution of the arbitral decision will result in a cash inflow equal to the total amount of the award, i.e., €25.3 million (plus interest since the date of the decision). Receipt of the award would enable the company to halve its existing debt.
Argentina blocks supply ship in Falklands dispute
Feb 11, http://www.washingtonpost.com/wp-dyn/content/article/2010/02/11/AR2010021102876.html
BUENOS AIRES, Argentina -- Argentina has escalated its dispute with Britain over oil and gas exploration in the South Atlantic, blocking a ship from leaving with equipment it said would have been used to support drilling around the Falkland Islands. Foreign Minister Jorge Taiana met Thursday to press the issue with the governor of Tierra del Fuego province, which, on every schoolchild's map in this South American nation, includes the islands the Argentines call Las Malvinas. "Great Britain is violating Argentine sovereignty," Gov. Fabiana Rios declared after the meeting.
BOTAS may sue Iran over 'take or pay' conditions
Feb 12, http://www.todayszaman.com/tz-web/news-201291-105-botas-may-sue-iran-over-take-or-pay-conditions.html
According to information received from sources in the state-owned Turkish Pipeline Corporation (BOTAS), Turkey's struggle to revamp natural gas agreements with Iran, which force the purchaser to pay for natural gas even if it isn't consumed, may end up in court as a Iran is refusing to let go of the "take or pay" conditions inherent in the procurement contracts. Turkey sued Iran over the price of natural gas in 2004 in the International Court of Arbitration (ICC), and also requested compensation for the unstable flow of natural gas in to Turkey and the below par quality of the gas. Turkey won the case, but the court stated that the insufficient quality and the instability in the flow should be left for another case. Turkey is now thinking of suing Iran again in the ICC for the "take or pay" conditions.
No decision on Dubai World arbitration cases
Feb 7, http://www.zawya.com/Story.cfm/sidZAWYA20100208045257/No%20decision%20on%20arbitration%20cases
Emirates Business 24-7 - While it is settled that litigation cases arising from Dubai World debt restructuring would be handled by the DIFC Courts, it is still not yet determined which court will handle arbitration matters. There are two arbitration bodies in Dubai - Dubai International Arbitration Centre (DIAC) and the DIFC LCIA Arbitration Centre. DIFC Courts do not handle arbitration cases. Asked whether an arbitrator (as per the contract) would relinquish powers in favour of DIFC Courts, Sir Anthony Evans, Chief Justice, DIFC Courts, said: "A lot of people are asking this question. We don't hear arbitration. We are a court not an arbitration (body)." He said no cases have been put up but the matter was under discussion.
Dubai mulls extending power of DIFC courts
Feb 11, http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100211/BUSINESS/702119896/1005/rss
DUBAI - The Dubai International Financial Centre (DIFC) Courts may have their jurisdiction expanded to include other commercial cases in Dubai under plans being reviewed by the Government, a top judge says. Sir Anthony Evans, the Chief Justice of the DIFC Courts, said efforts were under way to allow the court to handle specific types of commercial cases involving banking, shipping and financial services that took place outside the DIFC zone.
Court says Sakhalin-2 operators must pay 32% profit tax
Feb 10, http://en.rian.ru/papers/20100210/157833148.html
The profit tax for contract holders of the Sakhalin-2 oil and gas offshore project in Russia's Far East has been set at 32%, but they will be able to use privileges denied to other companies. The board of Russia's Supreme Arbitration Court heard on Tuesday a dispute between Schlumberger, a Sakhalin-2 contract holder, and the Federal Tax Service department for the Sakhalin Region.
Crawford von Abo vs the President of SA: The Judgment CASE NO: 3106/07
Feb 10, http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71656?oid=159932&sn=Detail
Ruling by Prinsloo J against the govt in the case of Zimbabwean farms.
See also the OGEMID discussion
Kenya Group Wants Expropriation Clause Removed from Constitution
Feb 10, http://www.businessweek.com/news/2010-02-10/kenya-group-wants-expropriation-clause-removed-from-constitution.html
Bloomberg - A group of Kenyan land users wants to remove a reference in Kenya's draft constitution that may allow the state to expropriate plots with foreign ownership and have no obligation to offer compensation. "We'll become an international pariah if we're seen expropriating land," Chris Kiprop Foot ... told reporters. Kenya's draft constitution available here http://www.nation.co.ke/blob/view/-/687282/data/113624/-/tvxtiqz/-/draft.pdf
Cabinet denies all Centragas's allegations of expropriation of 11 billion cubic meters of gas
Feb 10, http://www.kyivpost.com/news/business/bus_general/detail/59161/
The Ukrainian cabinet has denied all the allegations raised by Centragas Holding AG, a shareholder in RosUkrEnergo, in respect of transaction related to 11 billion cubic meters of gas that was carried out in early 2009, reads a cabinet statement issued on Tuesday. "The Government of Ukraine is confident in its position and it prepared to defend it against any kind of allegations," reads the document spread in response on a Centragas' statement of February 5 about arbitration proceedings against Ukraine under the Energy Charter Treaty based on the so-called 'expropriation' of 11 billion cubic meters of gas.
Naftogaz: Arbitration group to decide RosUkrEnergo appeal this summer
Feb 9, http://www.ukrainianjournal.com/index.php?w=article&id=9892
Naftogaz Ukrayiny expects that the Arbitration Institute of the Stockholm Chamber of Commerce will this summer finish hearing an appeal by RosUkrEnergo AG (RUE) against the Ukrainian state holding concerning 11 billion cubic meters (bcm) of gas allegedly expropriated from RUE by Naftogaz Ukrayiny.
Viet Nam: Lawmakers ready legislative agenda
Feb 10, http://vietnamnews.vnagency.com.vn/Politics-Laws/196745/Lawmakers-ready-legislative-agenda.html
The National Assembly's Standing Committee yesterday discussed preparation work for the 2010 laws and ordinances making programme. The NA's Legal Committee suggested adding more projects to the programme, which will include work on the capital law, public investment law and a procedure to amend Resolution 66/2006/QH11, which concerns national projects and works managed by the NA.
Zimbabwe Prime Minister Morgan Tsvangirai rejects the new investment law
Feb 11, http://www.zimguardian.com/?p=2112
HARARE AFP - Zimbabwe Prime Minister Morgan Tsvangirai on Wednesday dismissed proposed regulations forcing foreign companies to sell the majority of their shares to locals.
"They were published without due process as detailed in the Global Political Agreement (GPA) and the constitution, and they are therefore null and void," Tsvangirai said in a statement. According to a report by the state media, the Indigenisation and Economic Empowerment Act was to become law in March, aimed at giving locals 51 percent shareholding in foreign companies.
Zimbabwe: Indigenisation Regulations Gazetted
Feb 10, http://allafrica.com/stories/201002100052.html
Harare - Government has gazetted the Indigenisation and Economic Empowerment (General) Regulations 2010, which spell out the country's indigenisation policy and take effect on March 1 this year. The regulations' main objective is to achieve 51 percent indigenous shareholding in existing businesses with the owners given a five-year period to comply. Youth Development, Indigenisation and Empowerment Minister Saviour Kasukuwere has repeatedly told stakeholders that the law was not against foreign investment and neither was it designed to scare away investors.
2nd Circuit Court Confirms Amended Arbitration Award
Feb 08, http://www.adr.org/sp.asp?id=37480
The 2nd U.S. Circuit Court of Appeals recently confirmed an amended arbitration award, concluding that the arbitrator did not exceed his powers by revising the original award. The court issued its ruling in T.Co Metals LLC v. Dempsey Pipe & Supply Inc. on Jan. 14. It reversed the Southern District Court of New York's decision to vacate the amended award.
Arbitrators uphold Proton's JV termination
Feb 08, http://biz.thestar.com.my/news/story.asp?file=/2010/2/9/business/5640066&sec=business
International arbitrators, under the auspices of the Singapore International Arbitration Centre, has upheld Proton Automobiles (China) Ltd's (PAC) termination of a joint-venture (JV) contract with Goldstar Heavy Industrial Co Ltd. PAC is a subsidiary of Perusahaan Otomobil Nasional Sdn Bhd. In a statement yesterday, Proton Holdings Bhd said the final award was delivered by the arbitral tribunal on Jan 12.
Federation of Indian Chambers of Commerce and Industry sign MOU to advance international commercial arbitration with Hungarian Chambers of Commerce and Industry
Feb 04, http://economictimes.indiatimes.com/News/Economy/Foreign-Trade/India-expects-trade-with-Hungary-to-touch-1bn/articleshow/5532648.cms?curpg=2
Federation of Indian Chambers of Commerce and Industry (FICCI) signed two memorandums of understanding to promote bilateral trade and investment with ITD of Hungary and another with Hungarian Chambers of Commerce and Industry to advance international commercial arbitration on any disputes arising on contracts reached between companies in the two countries.
Chigirinsky Loses Rossiya Lawsuit
Feb 8, http://www.themoscowtimes.com/business/article/chigirinsky-loses-rossiya-lawsuit/399187.html
The Moscow Arbitration Court on Friday dismissed a lawsuit against City Hall filed by exiled tycoon Shalva Chigirinsky's ST Development, which demanded 4 billion rubles ($132 million) for breaking an agreement on reconstruction of the Hotel Rossiya.
Chigirinsky is also working on a peaceful settlement to another lawsuit over a stake in Sibir Energy. See also http://www.times.spb.ru/index.php?action_id=2&story_id=30776
Abbott Files US Suit Against Qiagen Over HPV IP Dispute
Feb 05, http://www.genomeweb.com/dxpgx/abbott-files-us-suit-against-qiagen-over-hpv-ip-dispute
Abbott this week filed a lawsuit in a US court against Qiagen in a dispute over a licensing agreement covering human papillomavirus intellectual property.
The suit, filed in the US District Court for the Northern District of Illinois Eastern Division, seeks to have the court compel Qiagen to arbitrate a dispute related to a licensing deal that was signed between Abbott and a firm called Viropath, which subsequently assigned rights to the HPV-related patent to Digene. According to Abbott, it had a "mutually beneficial and professional relationship" with Viropath and Digene from 1989 through late 2008.
Op-ed: Stop private firms exploiting poor states
Feb 5, http://www.guardian.co.uk/commentisfree/cifamerica/2010/feb/05/el-salvador-gold-pacific-rim-mining
A Cafta provision means a mining corporation can sue El Salvador for its gold. Obama can stop this from happening again As a senator, Barack Obama voted against the Central American Free Trade Agreement (Cafta), because it did "little to address enforcement of basic environmental standards in the Central American countries." A conflict over gold mining in El Salvador reveals that Cafta and similar deals may enable private firms to circumvent environmental laws and then parachute away with large sums of government money. This has to change. ...
Two separate blowouts in Feni gas-field: Govt to resolve Niko issue out of court
Feb 6, http://www.bdelink.com/index.php/2010/02/06/two-separate-blowouts-in-feni-gas-field-govt-to-resolve-niko-issue-out-of-court/
The government will settle over US$27.3 million outstanding gas bills issue with Niko Resources Bangladesh Limited (NRBL) outside the court to increase gas production from Feni gas field, reliable sources said. Bangladesh disagreed to pay gas bills US$27.3 million to NRBL following directive of the respective High Court since 2005. The verdict directed the government to refrain from making any payment to the Canadian company, which probe bodies found responsible for the damage of Tengratila gas field in Chhatak.
...
Besides, NRBL also wants to settle the Tengratila blowout compensation of US$110 million through arbitration as per the procedures of the International Centre for Settlement of Investment Disputes (ICSID). "We still intend to settle the compensation claim of Chhattak blowout following the procedures of ICSID," a NRBL delegation said during the meeting. We would welcome the Government to join NRBL in making joint submission to ICSID, the delegation added.
Government of Newfoundland and Labrador takes possession of Abitibi mill property in Grand Falls-Windsor
Feb 6, http://www.google.com/hostednews/canadianpress/article/ALeqM5gYltp9_EQWkLCs5vyO8u5gpUkojQ
The government of Newfoundland and Labrador has taken custody of the former pulp and paper mill and associated properties in Grand Falls-Windsor from insolvent forestry company AbitibiBowater. In a statement today, the government said AbitibiBowater gave notification earlier this week that it was vacating the buildings.
Ecuador: Oxy's Demands for Compensation Unfounded
Feb 8, http://www.laht.com/article.asp?ArticleId=351773&CategoryId=14089
QUITO - The Ecuadorian government said Occidental Petroleum deserves no compensation for the cancellation of its massive oil concession in the Amazon region, arguing that the decision was taken after the U.S. company broke the law and its contractual obligations by handing over a stake in that project to a Canadian firm.
TECO Energy reports fourth quarter 2009 results
http://www.tecoenergy.com/news/article/index.cfm?article=523
EEGSA, the Guatemalan distribution utility, continues to experience customer and energy sales growth, but the issue with the VAD remains unresolved. There have been hearings in the Guatemalan courts, and Iberdrola, EEGSA's largest investor, is in an international arbitration process under the bilateral trade agreement between Spain and Guatemala. At this time, there is no firm schedule to resolve this matter. TECO Guatemala is currently negotiating with the Guatemalan regulatory authorities regarding the five-year extension of the power sales contract for the Alborada Power Station, which expires in September 2010.
From the call transcript http://seekingalpha.com/article/186993-teco-energy-inc-q4-2009-earnings-call-transcript?page=-1
At DECA II, which is the entity that holds our interest in EEGSA, the VAD remains unresolved with no definitive timeframe for its revolution, despite our continued efforts to resolve it amicably. Our ultimate option is to file under the Dominican Republic Central American Free Trade Agreement, CAFTA, but this is not a quick solution. Iberdrola, our partner, is already in international arbitration under the bilateral trade agreement between Spain and Guatemala. Their estimates are that it will take more than a year to reach a resolution in an international arbitration.
Chavez orders to seize buildings in historical district
Feb 7, http://www.ynetnews.com/articles/0,7340,L-3845709,00.html
AP - President Hugo Chavez has ordered the expropriation of privately owned buildings within Venezuela's historical capital district. Chavez says retailers and restaurateurs shouldn't occupy buildings surrounding Plaza Bolivar that the government is seeking to renovate.
Invista and Rhodia ADN battle continues
Feb 5, http://www.europeanplasticsnews.com/subscriber/headlines2.html?cat=1&id=1265363701
The battle between Invista and Rhodia over whether the French company has the right to use certain information relating to the manufacture of butadiene-based adiponitrile (AND) continues, with Rhodia now claiming to have support from the International Chamber of Commerce (ICC). In January, Rhodia said it had received a partial award from an ICC arbitration panel in its dispute with Invista. The ruling "vindicates most of Rhodia's arguments in this first phase of the proceedings", it said in a statement. - see http://www.rhodia.com/en/news_center/news_releases/Invista_28012010.tcm
However, only days later Invista released a statement saying a Paris arbitration panel has confirmed it lacks jurisdiction over Rhodia:
Court cases to stop use of INVISTA ADN technology proceed against Rhodia, partners. US Federal court denied Rhodia's request for dismissal French arbitration panel lacks jurisdiction over Rhodia S.A., defendant in Delaware case
Feb 2, http://www.invista.com/news_releases/2010/pr_rhodia-court-case.shtml
INVISTA's defense of its world-leading nylon technology continues in pending court cases in Delaware and New York, bolstered by a Paris arbitration panel affirming that it lacks jurisdiction over Rhodia S.A., the sole defendant in the Delaware case. In the U.S. legal proceedings, INVISTA seeks to stop French competitor Rhodia and its potential venture partners from misappropriating INVISTA's technology. "Arbitration in France continues and remains a confidential proceeding," said INVISTA spokesperson Mary Beth Jarvis, "but the panel's preliminary findings, discussed last week in a press release by Rhodia, certainly do not give Rhodia the freedom to use the INVISTA technology that Rhodia needs to build a new ADN plant."
"In the meantime, INVISTA's legal actions continue against Rhodia in Delaware and against one of its potential venture partners in federal court in New York. We will continue to defend aggressively our world-leading nylon technology against any parties who attempt to use it illegally."
Rhodia Group: The ICC arbitration tribunal confirms Rhodia's rights in the dispute against Invista
Jan 28, http://www.rhodia.com/en/news_center/news_releases/Invista_28012010.tcm
On January 22nd, 2010, an International Chamber of Commerce arbitral tribunal issued a partial award in Rhodia's dispute with Invista concerning the use of certain technology used to manufacture polyamide based products. Rhodia is very pleased with the ruling, which vindicates most of Rhodia's arguments in this first phase of the proceedings. Rhodia initiated the arbitration in October 2007 to confirm its rights to use certain information relating to the manufacture of adiponitrile (ADN) from butadiene in the construction of a potential new ADN plant.
Petroecuador and CGA to end contract
Feb 4, http://www.upstreamonline.com/live/article205465.ece
State-run Petroecuador and Argentine oil and gas company Compania General de Combustibles (CGC), are close to reaching an agreement to terminate an oil contract and allow CGC to exit Ecuador. ... Native groups in the area have refused to allow CGC to drill. In January 2003, the Sarayaku native group took workers hostage. Last March, the company filed a claim against Ecuador with the International Centre for Settlement of Investment Disputes (ICSID), in a bid to recover losses on its project for not being able to develop the block.
Oilex in $4.1m dispute with JV partner, hearing on February 18 - 19
Feb 5, http://www.oilex.com.au/files/100205%20West%20Kampar%20Update.pdf
Oilex (West Kampar) Limited ("OWK"), a wholly owned subsidiary of Oilex Ltd, incorporated in Cyprus and a party to the West Kampar Production Sharing Contract ("PSC") continues to seek resolution of disputes with Indonesian joint venture party and operator PT Sumatera Persada Energi ("SPE"). OWK is pursuing the recovery of a debt in excess of US$4.1 million owed by SPE to OWK arising out of SPE's failure to repay monies advanced by OWK under the farmout agreement entered into by them in August 2008 which was subsequently terminated in January 2009.
Under the terms of a parent company guarantee provided to OWK at the time of entering into the farmout agreement, PT Asiabumi Petroleo ("Asiabumi"), the parent company, guaranteed SPE's obligations to repay the monies owing under the farmout agreement. Asiabumi has not met its obligations and OWK consequently filed an arbitration proceeding in the International Chamber of Commerce in Singapore on 30 April 2009. The first arbitration hearing occurred on 25 January 2010 and is scheduled to be continued on 18 and 19 February 2010.
In the course of the arbitration proceeding, Asiabumi has notified OWK of a claim filed also on 25 January 2010 by SPE in an Indonesian court. OWK has not yet been served with the claim. OWK understands that SPE is seeking damages from OWK for alleged defamation arising out of correspondence in November 2008 that provided BPMigas with information relating to SPE's performance as operator. OWK rejects the allegations in the claim and, if served, will vigorously oppose the claim. OWK's endeavours to engage with representatives from SPE and Asiabumi to reach a commercial resolution to the disputes have not been successful to date.
Yemen, Canada sign WTO bilateral agreement
Feb 3, http://www.sabanews.net/en/news204934.htm
Minister of Industry and Trade Yahya al-Mutawakil announced on Wednesday the signing of a bilateral agreement with Canada for Yemen to join the World Trade Organization (WTO). The signing of the agreement came following a three-year negotiation to be set the fourth one beside the European Union, China, and Australia within the framework of Yemen bilateral negotiations to finalize accession requirements. The agreement, singed Wednesday in Geneva, includes tables of commitments setting ceilings of customs tariffs of goods items which negotiations revolved over within the commercial ties between the two countries.
The ICSID Caseload - Statistics
Feb 3, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement24
The ICSID Secretariat has added a new online publication to its website. The ICSID Caseload - Statistics is intended to provide a snapshot of the cases handled by the Centre, and is published in English, French and Spanish. The inaugural issue (Issue 2010-1) contains an overview of all the cases registered or otherwise administered by ICSID as of December 31, 2009, and of the cases registered or administered in 2009 only. The issue provides information on the basis for consent invoked to establish ICSID jurisdiction in registered ICSID cases, the geographic distribution of cases by State party to the dispute, and the economic sectors involved in ICSID cases. It also includes data on outcomes of ICSID proceedings and the nationalities of arbitrators, conciliators and ad hoc committee members appointed in ICSID cases.
The ICSID Caseload - Statistics will be updated bi-annually and can be accessed through the "Publications" section of the Centre's website.
Significant growth in the SCC caseload
Feb 3, http://www.chamber.se/?id=23696&newsid=31122
In 2009 the SCC received 215 new cases. This is a significant growth compared to previous years, and more than 20 per cent raise compared to 2008. As regards the origins of the parties to SCC cases filed in 2009 a wide geographical reach come into view. The SCC maintains its well-recognized position when it comes to managing so-called East West disputes. Furthermore, the Scandinavian and Baltic countries appeared rather frequently and a few cases involving parties from Africa, Latin America and the Indian subcontinent were filed. Direct download http://www.sccinstitute.se/filearchive/3/31104/SCC_Statistical_Report_2009.pdf
ICC Arbitration: Facts and Figures - 2009 Statistical Report
February 2010, http://www.iccwbo.org/court/arbitration/index.html?id=34704
- 817 Requests for Arbitration were filed with the ICC Court;
- Those Requests concerned 2,095 parties from 128 countries and independent territories;
- In 9.5% of cases at least one of the parties was a State or parastatal entity;
- The place of arbitration was located in 53 countries throughout the world;
- Arbitrators of 73 nationalities were appointed or confirmed under the ICC Rules;
- The amount in dispute was under one million US dollars in 22.9% of new cases;
- 415 awards were rendered.
The full Statistical Report will be published in ICC Dispute Resolution Library and in ICC International Court of Arbitration Bulletin Vol. 21/No. 1 (2010).
Forbes Gets $300,000 From Cybersquatter
Jan 18, http://www.themoscowtimes.com/business/article/forbes-gets-300000-from-cybersquatter/397561.html
The Moscow Arbitration Court awarded Forbes $300,000 in damages, the largest compensation payout to date in a Russian case of this kind. Cybersquatting litigation in Russia has often resulted in the awarding of nominal sums, and the Forbes case could mark a departure from that precedent.
Russia: Supreme Arbitration Court has the right to set legal guidelines, not just follow the law
Jan 26, http://www.times.spb.ru/index.php?action_id=2&story_id=30677
MOSCOW - The Constitutional Court has decided that the Supreme Arbitration Court has the right to set legal guidelines, not just follow the law - a move that lawyers say is the first step toward a precedent-based system of law.
The Constitutional Court has found that the Supreme Arbitration Court's right to review a decision that has already come into force poses no contradictions to the fundamental law. This conclusion follows from a court decision announced Friday on claims filed by four companies: Karbolit, Respirator, Mikroprovod and Bereg.
IOC wins legal battle against Trafigura
Feb 4, http://www.tradingmarkets.com/news/stock-alert/iocof_ioc-wins-legal-battle-against-trafigura-751943.html
Indian Oil Corp, an Indian government - run oil firm, Wednesday won a legal battle against international oil trading company Trafigura, which has been asked to pay 310,000 pounds to the Indian PSU after its claim for USD 10 million damages was dismissed. An Arbitration Tribunal of the International Court of Arbitration of the International Chamber of Commerce, Paris, today published its decision in the form of a final award dismissing Trafigura's claims of USD 10 million against the IOC.
ICC Arbitration: Enforcement in Mainland China of ICC arbitral awards rendered in Hong Kong
Feb 2010, http://www.iccwbo.org/court/arbitration/index.html?id=34693
The Supreme People's Court of the People's Republic of China has recently circulated a notification on the enforcement of arbitral awards rendered in Hong Kong to all courts in Mainland China. Dated 30 December 2009, the notification clarifies that ad hoc and institutional arbitral awards rendered in the Hong Kong Special Administrative Region are enforceable in Mainland China subject to Article 7 of the Arrangement concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region, which became effective from 1 February 2000. Article 7, which mirrors Article V of the New York Convention, lists limited grounds on which enforcement and recognition of awards may be refused.
The awards to which the notification applies specifically include those rendered under the auspices of the International Court of Arbitration of the International Chamber of Commerce. Any doubt over the enforceability of such awards in Mainland China should now be removed. The notification is a welcome step forward. It is likely to boost Hong Kong's development as a seat for international dispute resolution. ICC already has a growing caseload in the region, administered from the Asia branch of the ICC Court Secretariat based in Hong Kong. Industry experts have predicted that the clarification brought by the notification of the Supreme People's Court will reinforce ICC's position and give it added appeal for administering cases relating to China.
ICC Arbitration: Introduction of new Statement of Acceptance, Availability and Independence for arbitrators
Jan 2010, http://www.iccwbo.org/court/arbitration/index.html?id=34688
On 17 August 2009, the International Court of Arbitration issued a new Statement of Acceptance, Availability and Independence for arbitrators being nominated by parties or proposed by ICC national committees to serve on arbitral tribunals under the ICC Rules of Arbitration. The principal change introduced in this document was the inclusion of a separate section on availability rather than having the availability requirement linked to the acceptance to serve in the case. In this new section on availability arbitrators are invited to confirm their ability to devote the necessary time to the arbitration.
This addition is intended to encourage arbitrators to reflect carefully on their availability before being appointed or confirmed by the ICC Court and to encourage greater transparency towards the parties involved in the arbitration regarding their availability.
Experience has shown that an unrealistic assessment by an arbitrator of the time he or she can give to a case may cause delays, require the Court to grant repeated extensions of the time limits set pursuant to the ICC Rules of Arbitration, and frustrate the parties' need for prompt and well-considered decisions. Such delays are both inconvenient and costly. ICC, as the world's leading international arbitral institution, considered it had a responsibility to address this problem.
To allow an assessment of an arbitrator's workload, the new Statement of Acceptance, Availability and Independence requests certain limited information on the arbitrator's professional commitments. However, arbitrators are encouraged to provide more information to the extent that clarification may be necessary and helpful for the Court and the parties to make informed decisions. For example, an arbitrator may indicate the amount of time that he or she has available in the course of the coming months or information regarding the status of any pending cases. However, arbitrators should not disclose information that is confidential.
In order to respond to certain concerns raised after the initial publication of the form, a revised version was issued with effect from January 2010. Amendments to the form make explicit that any information provided by an arbitrator must be treated confidentially and will be stored in compliance with the provisions of French data protection law. It will be used only for the purpose of the case for which the prospective arbitrator is nominated.
The Court attaches great importance to observance by ICC tribunals of the time limits in the ICC Rules of Arbitration. Arbitrators appointed or confirmed under the Rules must be capable of working within these limits throughout the entire duration of the case. The vast majority of arbitrators do not need to be reminded of the need to be realistic when assessing the time they can give to a case. Regrettably, however, some do and the Court anticipates that the fact that the point has been highlighted in the new ICC Statement of Acceptance, Availability and Independence will reduce the risk of unreasonable delays in the conduct of ICC arbitrations.
Whilst the new Statement of Acceptance, Availability and Independence may also give rise to objections to the confirmation or appointment of arbitrators or to challenges based on the disclosures provided, those that are frivolous or made for tactical reasons will not be accepted by the Court. Genuine concerns about availability may cause the Court to enquire further of an arbitrator or not to confirm or appoint that person. Equally, however the Court will endeavor to respect the parties' choices and those of any co-arbitrators on whom the power to nominate a chairman may have been conferred.
The Court will monitor the use of the new form over the course of the next six to twelve months and may make such changes as become reasonably apparent and necessary based on its experience and any comments received from arbitrators, counsel and the parties who use ICC arbitration.
Chevron, Ecuador Plaintiffs Spar Over Arbitration In Court
Feb 1, http://www.foxbusiness.com/story/markets/industries/energy/correctchevron-ecuador-plaintiffs-spar-arbitration-court/
QUITO - Chevron Corp. (CVX) filed a motion in U.S. federal court that seeks to block a lawsuit which would prevent arbitration hearings between the company and Lago Agrio litigation plaintiffs from taking place in the international court at The Hague. Chevron's motion to dismiss the lawsuit filed by plaintiffs was filed last week. The plaintiffs filed their lawsuit in January.
Interim awards in the Yukos case made available
Yukos Universal Ltd. (UK - Isle of Man) v. Russian Federation
30.11.2009 - Interim Award on Jurisdiction and Admissability rendered
http://www.encharter.org/fileadmin/user_upload/document/Yukos_interim_award.pdf
Hulley Enterprises Ltd. (Cyprus) v. Russian Federation
30.11.2009 - Interim Award on Jurisdiction and Admissability rendered
http://www.encharter.org/fileadmin/user_upload/document/Hulley_interim_award.pdf
Veteran Petroleum Trust (Cyprus) v. Russian Federation
30.11.2009 - Interim Award on Jurisdiction and Admissability rendered
http://www.encharter.org/fileadmin/user_upload/document/Veteran_interim_award.pdf
See "Tribunal's decision in anticipated Yukos case released to public" for some background http://www.investmenttreatynews.org/cms/news/archive/2010/02/10/tribunal-s-decision-in-anticipated-yukos-case-released-to-public.aspx
Build, pillage, then privatise: a short history of mine nationalisation in Africa.
feb 3, http://www.mineweb.co.za/mineweb/view/mineweb/en/page72068?oid=97216&sn=Detail&pid=1
With the ANC Youth league not particularly happy with comments by SA mines minister Susan Shabangu that the nationalisation of South Africa's mines will not happen "in her lifetime" a look at some of the other attempts at such policies is probably overdue
ANC Youth League: We will see to nationalisation of mines
Feb 1, http://www.eyewitnessnews.co.za/articleprog.aspx?id=31531
ANC Youth League President Julius Malema on Monday said they will influence decision-making processes to assure the nationalisation of mines in the country becomes a reality.
Congo says to accept legal ruling on First Quantum
Feb 09, http://news.alibaba.com/article/detail/markets/100247459-1-interview-congo-says-accept-legal-ruling.html
Case being closely watched abroad by investors. DR Congo anxious to attract potential investors ... Democratic Republic of Congo pledged on Tuesday to accept the outcome of international arbitration in a dispute with Canada's First Quantum Minerals over the Kolwezi copper and cobalt tailings project.
Congo Talks to Potential Investors in Disputed Site
Feb 3, http://www.bloomberg.com/apps/news?pid=20601116&sid=avM5cUMtUVQ0
The Democratic Republic of Congo is talking to potential investors in a disputed copper and cobalt concession that the government previously withdrew from First Quantum Minerals Ltd., Mines Minister Martin Kabwelulu said.
First Quantum Minerals Announces Commencement of International Arbitration Regarding the Cancellation of the Kolwezi Project
Feb 1, http://www.first-quantum.com/i/pdf/NR-10-08-InternationalArbitration.pdf
First Quantum Minerals Ltd. ("First Quantum" or the "Company", TSX Symbol "FM", LSE Symbol "FQM") today announced that it has, along with its partners the IFC ( International Finance Corporation ) and IDC ( Industrial Development Corporation of South Africa ), commenced international arbitration under the facilities of the International Chamber of Commerce International Court of Arbitration in Paris, France against La Générale des carrières et des mines ("Gécamines") and the Democratic Republic of Congo ("DRC").
The Kolwezi Project Tailings Exploitation Permit is held under the terms of a Contract of Association, by Kingamyambo Musonoi Tailings SARL ("KMT"), which is owned by the Company's subsidiary Congo Mineral Developments Limited ("CMD") and its partners IFC and IDC, who collectively own 82.5% of KMT, and Gécamines and the DRC who own the balance of 17.5%.
On August 21, 2009, the DRC Prime Minister wrote to Gécamines and to CMD to advise that "... the Council of Ministers had noted and taken act of the impossibility of continuing this partnership and the requirement for the subsequent retrocession without condition, to Gécamines, of the title bearing on Tailings Exploitation Permit no652" (translation). On August 25, 2009 the DRC mining registry issued a notice to KMT cancelling Tailings Exploitation Permit no652 and on September 15 and 16, the DRC ordered closed and sealed the offices and work sites of KMT, thus preventing any further pursuit of KMT's activities. Despite numerous efforts by the Company, the IFC and IDC, attempting to resolve the dispute amicably and advising the DRC and Gécamines of the illegality of their actions and of the validity of the Contract of Association, the DRC and Gécamines have purported to unilaterally and illegally put an end to the Contract of Association and have stopped the KMT operations, thus placing out of work almost 1,000 employees, of which 700 are Congolese employees working on the construction of KMT's plant.
The Company, the IFC and IDC are firmly of the view that the DRC and Gécamines have breached the terms of the Contract of Association, which provides for recourse to resolve disputes through international arbitration. Notwithstanding, on January 11, 2010 CMD recieved a letter from Gécamines advising they were cancelling the Contract of Association. The Company believes international arbitration is now necessary to protect the investment of CMD, IFC and IDC, including seeking interim orders to protect and preserve the KMT site.
While the Company, IFC and IDC have commenced international arbitration pursuant to the Contract of Association, the Company will continue to seek a negotiated solution to the foregoing dispute and will provide further updates as warranted.
Hungary: Arbitration Committee suspends contract for construction of M3 motorway section
Feb 01, http://www.realdeal.hu/20100201/arbitration-committee-suspends-contract-for-construction-of-m3-motorway-section
The Public Procurement Arbitration Committee has suspended conclusion of the contract for construction of the 34-km section of the M3 motorway between Nyiregyhaza (NE Hungary) and highway 49, the National Infrastructure Development (NIF) told MTI late on Thursday.
Qatar: Investment law is amended
Feb 2, http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=340603&version=1&template_id=57&parent_id=56
Foreign investors will be allowed up to 100% ownership in more sectors in Qatar under a new law. HH the Emir Sheikh Hamad bin Khalifa al-Thani yesterday issued Law No. 1 of 2010, amending some provisions of Law No. 13 of 2000, regulating the investment of non-Qatari capital in the economic activity.
Chavez Mulling Partnership with French Owner of Hypermarket Chain
Feb 1, http://www.laht.com/article.asp?ArticleId=351328&CategoryId=10717
CARACAS - Venezuelan President Hugo Chavez said he is considering an offer for his government to enter into a partnership with French retailer Casino, whose chain of Exito hypermarkets was expropriated earlier this month for allegedly exploiting a currency devaluation to raise prices inordinately.
Cristina echó a un hombre clave en el conflicto judicial por las reservas
Jan 28, http://www.clarin.com/diario/2010/01/28/elpais/p-02128760.htm
According to the Spanish article linked above the Hon. Osvaldo Guglielmino, Procurador del Tesoro, has been fired by Argentine President Cristina Kirchner.
Holdrich Investment Ltd v Siemens AG [2009] SGHC 284
Dec 21, http://www.singaporelawwatch.sg/remweb/legal/ln2/rss/judgment/65417.html
A Singapore appeals court justice on Dec. 21 found that Singapore is the appropriate forum to hear a dispute over a service agreement in Holdrich Investment Ltd. v. Siemens AG, No. [2009] SGHC 284, setting aside a ruling that dismissed an order allowing the Hong Kong company to file a writ of summons outside of jurisdiction.
Seth Nthai suspended - Bar council takes action against vice-chairman after receiving complaint
Jan 27, http://www.link2media.co.za/index.php?option=com_content&task=view&id=7061&Itemid=12PR-BAR-RECEIVED-COMPLAINT SAPA PR--GENERAL COUNCIL OF THE BAR OF SOUTH AFRICA PRESS RELEASE
See also other press stories: http://www.mg.co.za/article/2010-01-27-top-advocate-seth-nthai-suspended and http://www.iol.co.za/index.php?set_id=1&click_id=3102&art_id=vn20100128043007173C608304
General Council of the Bar of South Africa Press Release:
1. The Pretoria Bar Council on Friday, 22 January 2010, received a complaint against Adv Seth Nthai SC, a senior member of the Pretoria and Johannesburg Bars and and current vice-chairman of the General Council of the Bar of South Africa, from the State Attorney, following a complaint lodged by Toby Landau, SC,* a British barrister. [see correction]
2. The conduct complained of relates to his alleged conduct in the execution of a brief to represent the Government of the Republic of South Africa before the Washington based International Centre for Settlement of Investment Disputes ("ICSID") against a claim instituted by eleven Italian investors. More particularly it relates to alleged discussions between Mr Nthai and a certain Mr Mercerano, representing the Italian investors, without instructions from his instructing attorneys regarding the merits of the Government's case, their defences, technical strategies, a possible settlement of the case and a possible reward for Mr Nthai in the event of such a settlement.
...
[ correction circulated later: "Mr Toby Landau QC, a senior member of the Claimants' legal team in the Foresti case, acting on the instructions of the Claimants, reported Mr Nthai's conduct to Government's legal representatives, Freshfields Bruckhaus Deringer, who through the State Attorney, lodged the complaint with the GCB." ]
Nathi steps down out of respect
Jan 28, http://www.eyewitnessnews.co.za/articleprog.aspx?id=31319
Seth Nthai said on Thursday he had not put his work as a senior advocate on hold because he was admitting he is guilty of corruption but rather because of his respect for the profession.
Metal-Tech Ltd. (Israel) files international arbitration against Uzbekistan
Jan 27, http://www.metal-tech.websplanet.com/var/102/395226-27.01.10.pdf
TEL AVIV Metal-Tech Ltd., the metal-based hydrometallurgy and chemical company, which focuses on the recycling and production of specialty metals, powders and oxides such as Tungsten and Molybdenum, yesterday filed a Request for Arbitration against the Republic of Uzbekistan related to that country's unlawful treatment of Metal-Tech's 50 percent investment in Uzmetal Technology, a joint venture to produce high-quality molybdenum products. The Request for Arbitration, filed with the International Centre for Settlement of Investment Disputes (ICSID) based in Washington, D.C., asserts Uzbekistan's breach of the Israel-Uzbekistan Bilateral Investment Treaty, as well as violations of various standards of treatment under international law and Uzbek legislation.
Metal Tech is seeking damages because the Company claims that Uzbekistan breached its obligations by denying Uzmetal Technology necessary inputs of molybdenum concentrate in mid-2006, thereby forcing the joint venture to become idle for lack of raw materials to process. The damage to Metal-Tech was exacerbated when Uzbekistan and its state-owned companies (which owned the other 50 percent of Uzmetal Technology) later forced the joint venture into bankruptcy and eventual liquidation.
Metal-Tech's Vice President Business Development and General Counsel, Ms. Maayan Bar, stated: "It is unfortunate that we have not been able to resolve this dispute amicably with the Uzbekistan government. Resorting to international arbitration will allow us to pursue our claims in an impartial forum."
Metal-Tech's counsel in this arbitration, O. Thomas Johnson, Jr. of Covington & Burling LLP, stated: "The Israel-Uzbekistan Bilateral Investment Treaty protects Israeli investors in Uzbekistan from actions such as those taken against Metal-Tech. Under that treaty, Metal-Tech has the right to seek redress from Uzbekistan through binding arbitration. Metal-Tech is doing nothing more than exercising that right."
See also http://en.trend.az/capital/entrepreneurship/1627828.html
ICC International Court of Arbitration renders final judgment in an arbitration between Agfa-Gevaert and AgfaPhoto Holding GmbH
Jan 14, http://www.agfa.com/en/co/news_events/press_archive_months/press_releases/CO20100114_AgfaPhoto_ICC.jsp
The ICC International Court of Arbitration has rendered a final judgment in an arbitration proceeding between Agfa-Gevaert and AgfaPhoto Holding GmbH. The Court has dismissed all claims of AgfaPhoto Holding GmbH relating to alleged damages suffered as a result of alleged misconduct of Agfa-Gevaert in connection with the sale of the Consumer Imaging division and the insolvency of AgfaPhoto GmbH.
Ghana's Minister of Energy seeks offshore license termination
Jan 22, http://www.akerasa.com/shownews.cfm?path=379&id=1023&lid=3
In a letter to Aker, Ghana's Minister of Energy asserts that the company's offshore exploration and development license in Ghana is invalid. Aker does not see any foundation for such an assertion.
In November 2008, Aker was awarded an ownership interest in and operatorship of a petroleum offshore exploration and development license at a deepwater field off the coast of Ghana on Africa's west coast. The petroleum agreement had been negotiated with the national oil company GNPC and the then current government of Ghana, and was presented to and ratified by Ghana's Parliament (see enclosure). Subsequently, elections have been held in Ghana and a new government is in power.
"Over the past six months we have had indications that the new administration is seeking to withdraw our license agreement. These signals have now been confirmed in the letter from the Minister that states that the agreement is considered invalid. The reason given is that the agreement does not meet legal requirements that a Ghanaian company must be party to the agreement. We see no basis in law or fact for this claim," says Aker's investment manager Maria Moræus Hanssen, who oversees Aker's interests in Ghana.
"Aker Ghana and Aker have acted as required. The agreement has been entered into as it was unanimously adopted by Ghana's Parliament. Our subsidiary in Ghana has assumed the responsibilities under the agreement, and offered to formally enter into the agreement, as required by law. Naturally, we have regarded the agreement as valid, and we have, with the understanding of other Ghanaian authorities, gathered and processed seismic survey data to an extent that exceeds our obligations under the petroleum agreement," says Ms. Moræus Hanssen.
Partner criticized
In the letter the Minister also raises questions regarding Aker's local partner Chemu Power. Chemu has been subjected to a smear campaign appearing in Ghana's media accompanied by attempts to link the company to rumors about improper conduct in a matter unrelated to Aker and the petroleum agreement.
Aker's agreements with Chemu were made at the encouragement of Ghanaian authorities to include a local partner and there has been complete transparency regarding Chemu's five-percent ownership interest in the license. Chemu's role is also known and identified in the petroleum agreement that was put forth and approved by Ghana's elected representatives. Across-the-board transparency has been a key requisite for Aker.
A careful investigation by Aker of Chemu prior to entering into their business relationship did not uncover any questionable issues or concerns associated with either Chemu or its principals. To further protect Aker's interests, Aker insisted that the agreement with Chemu feature clauses that provide for termination of the local partner agreement in the event that Chemu had acted, or acts, illegally or in a way that contravenes commonly accepted business practices.
"No such improprieties have been uncovered, but we are, naturally, monitoring the situation carefully," says Ms. Moræus Hanssen. She notes that the cooperation with Chemu so far has been of limited scope. In total, Aker has paid Chemu approximately NOK 2 million as payment for documented costs related to administrative services of a practical nature performed in Ghana, including payment for rent and personnel.
Road ahead
"As is well known, Aker was excited about the opportunity to participate in developing Ghana's oil industry when we entered into the petroleum agreement in 2008. The current turn of events is deeply disappointing. As an initial step toward resolution, we have informed Ghana's Minister of Energy that we do not accept the claim that the agreement is invalid," says Moræus Hanssen.
Moræus Hanssen further states that it is self evident that Aker's success in the country depends on maintaining good relations with Ghana's authorities. She also notes that the Minister of Energy has indicated a possible solution to the matter under which Aker will have the expenses it has incurred in connection with its seismic survey covered.
"These are all issues that factor into our upcoming dialogue with Ghana's authorities. We intend to be constructive. The goal is to arrive at a solution that serves the interests of both parties," says Moræus Hanssen.
NOTE related links:
* It seems the full text of the letter from Aker ASA is available here
http://business.peacefmonline.com/industry/201001/37413.php
* Report presenting the key elements of the current Petroleum Agreements executed among
Government of Ghana, Ghana National Petroleum Corporation (GNPC) and various companies for
petroleum exploration and production rights in Ghana.
http://www.gnpcghana.com/activities/details.asp?expID=11
* Summary South Tano - Aker ASA
http://www.gnpcghana.com/_upload/general/southdeepwatertano_akerasa.pdf
EVENTS
ICC: Nottingham Trent University of UK wins mediation competition
Feb 15, http://finchannel.com/Main_News/Business/58338_ICC:_Nottingham_Trent_University_of_UK_wins_mediation_competition_/
The FINANCIAL -- Nottingham Trent University in the United Kingdom won the first prize in the 5th ICC International Commercial Mediation Competition hosted by ICC, with the University of South Wales in Australia taking second place. Osgoode Hall School of Law in Canada came in third.
Arbitrating Creative Minds, Feb 25 2010 Singapore [pdf]
http://www.siarb.org.sg/pdf/Seminar20100225.pdf
The arbitration of disputes relating to intellectual property rights is a subject which lies at the intersection of two rapidly growing disciplines of the law today. Arbitration is increasingly chosen as a means of resolving commercial disputes, particularly those which transcend national boundaries. Intellectual property rights have increasingly spawned disputes between multinational corporations and even governments and a principal reason for this is that the rights are often exploited on a global rather than a national basis. The purpose of the talk is to examine some of the major aspects of the intersection between these two disciplines.
ICC to sponsor forum on arbitrator independence 26 February 2010
http://www.iccwbo.org/iccdeejh/index.html
A conference on arbitrator independence that will bring together former secretary generals of the ICC International Court of Arbitration and feature a mock ICC Court Plenary Session will be held on 26 February 2010
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.
International Investment and ADR - Preventing and Managing Investment Treaty Conflict March 29
March 29, Lexington, Virginia, US. http://investmentadr.wlu.edu/symposium/
The Washington and Lee University School of Law and UNCTAD Joint Symposium on Investment and Alternative Dispute Resolution (ADR) will bring together academics, governments, practitioners, investors, representatives from international organizations and non-governmental entities from around the world to discuss International Investment Agreements (IIAs) and Alternative Dispute Resolution (ADR).
Sixth Annual Leading Arbitrators' Symposium on the Conduct of International Arbitration - Vienna, Austria 29 March 2010
This will be an opportunity for arbitrators and arbitration counsel to hear the World's leading international arbitrators discuss in very practical terms how they approach each stage of an international arbitration. The first three sessions will each address one stage of the arbitral process: pre-hearing activities, the hearing itself, and the process of getting from the hearing to a final award. The final session will involve a review of current "hot topics" and trends in international arbitration from around the World.
Fourth Annual Investment Treaty Arbitration Conference: A Debate and Discussion Investment Arbitration in the Asia-Pacific Region, Washington, D.C. 30 April 2010
The fourth annual conference continues the tradition of focusing on four topical and pressing issues – by establishing a dialogue between some of the brightest new stars in the field and some of its most seasoned practitioners. Eight up-and-comers are preparing papers on four of the most controversial and important issues in international investment law today. On April 30th our young authors will pair up to defend their positions before a panel of arbitrators, arbitration specialists and experts in international investment law. The discussion and debate that will follow is sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.
Dispute Resolution in M&A Transactions Tactics, Challenges, Defences - 13-14 May 2010
13-14 May 2010, Warsaw, Poland. Le Meridien Bristol Hotel
http://www.sadarbitrazowy.org.pl/en/conference13-14may2010
The first international conference on arbitration in Poland of such importance. Polish and international prominent panellists and guests, specialized in arbitration, are invited. The conference is held under the honorary auspices of the Minister of Foreign Affaires of the Republic of Poland, Mr. Radoslaw Sikorski.
Topics: - Dispute settlement in M&A transactions; - Pre-closing and post-closing disputes; - Disputes concerning representations and warranties; - The ICC model M&A contracts; and - Business and public interests in M&A disputes
Speakers include: Dr. Beata Gessel-Kalinowska vel Kalisz, Yulia Andreeva, Dr. Andrzej Kremer, Dr. Henryka Bochniarz, Prof. Andrzej Szumanski, Prof. Dr. Gerhard Wegen, Frederick R. Fucci, Sarah François-Poncet, Simon Greenberg, Murray Rosen QC, Prof. Stanislaw Soltysinski, Wendy J. Miles, Hans G. Bagner, Dr. Alice Broichmann, Bartosz Kruzewski, Prof. Dr. Henry Peter, Piotr Nowaczyk, Dr. Karl J.T. Wach, Prof. Jesús Almoguera, Cyrus Benson, Justin Michaelson, Tomasz Wardynski, Prof. Dr. Irene Welser, Charles Adams, Prof. Dr. Siegfried H. Elsing, Alexis Mourre, Dr. Rudolf Tschäni, Vilija Vaitkute Pavan, Dr. Cristina Martinetti, Dr. Philipp Habegger, Barbara Porayska-Pomsta, Pedro Serret Salvat, Marvelle Sullivan, Juliet Blanch, Elzbieta Buczkowska-Krzysków, Barton Legum, Sophie Nappert, Prof. Jerzy Rajski.
5th Annual Conference on International Arbitration and Mediation - Fordham Law School. New York City, June 14-15 2010
The conference will bring together leading international arbitrators, mediators, practitioners, and scholars to discuss contemporary issues in international arbitration and mediation.
June 14 - 15 2010, McNally Amphitheatre, Fordham Law School
Conference director: Arthur Rovine. Speakers include: Maurice Mendelson QC, Charles N. Brower, Brigitte Stern, Christoph Schreuer, Tony Willis, Maria-Teresa Trofaier, Simeon Baum, Esq., Suzanne Ulicny, George Bermann, Catherine Rogers, Tom Stipanowich, Ben Sheppard, Giorgio Sacerdoti, Greg Tereposky, Andrew Shoyer, Richard Cunningham, John Barkett, Tim Martin, David Burt. See the website for the full program and registration details here law.fordham.edu/arbitration.
International Arbitration Summer Program: 1 - 18 June 2010
Courses in English: Nuts and Bolts of International Commercial Arbitration; Investor-State Arbitration; Advanced Seminar: Practical Skills and Cross-Examination in International Arbitration; International Arbitration and Choice-of-Law Issues; and Contributions of the ICC Court of Arbitration to the Development of Commercial Law. Courses in Spanish: Arbitraje Comercial Internacional; Arbitraje Inversionista-Estado; Seminario Avanzado: Aspectos Prácticos del Proceso Arbitral.
How to Handle Competition Issues in an International Commercial Arbitration: 12 - 15 October 2010
This three-day intensive seminar based on a mock arbitration case will provide critical skills and practical insight into handling arbitration cases primarily under the auspices of the ICC Rules of Arbitration.
Fifth Annual Lecture on International Commercial Arbitration: 11 November 2010
The annual lecture offers an eminent figure in international arbitration a platform on which to share his or her ideas on novel issues and current trends in international arbitration, while providing practitioners and academics an exclusive opportunity to participate. The 2010 Annual Lecture will feature Yves Derains, Partner, Derains Gharavi & Lazareff.
MOVES / JOBS
Kenneth R. Feinberg Receives CPR Institute's James F. Henry Award
Feb 8, http://www.cpradr.org/tabid/45/articleType/ArticleView/articleId/563/Default.aspx
Over the years, CPR Institute has recognized singular individuals for their commitment to the principles of ADR and for outstanding achievement and contributions to the field of commercial conflict resolution. Previous winners of the James F. Henry Award include the Right Honourable Lord Woolf of Barnes (2007), Senator George J. Mitchell (2004), Hon. Janet Reno (2003), and Chief Justice Thomas J. Moyer, Supreme Court of Ohio (2002).
"We are honored to present the James F. Henry Award to our friend and colleague Ken Feinberg", said Kathleen A. Bryan, President and CEO of CPR Institute. "Ken is one of the most trusted professionals in the field and has been a staunch advocate for utilizing ADR methods to solve this country's most complex disputes."
CPR Institute Welcomes Prestigious New Board Members
Dec 2009, http://www.cpradr.org/tabid/45/articleType/ArticleView/articleId/559/Default.aspx
The International Institute for Conflict Prevention & Resolution (CPR Institute) announces two new additions to its elite Board of Directors. These highly-successful and notable members of the corporate, legal, and academic communities will play an integral role in guiding the CPR Institute in its mission to spearhead innovation and promote excellence as the primary multinational resource for avoidance, management and resolution of commercial disputes.
CPR Institute's newest Board members are: Barbara Daniele, Senior Vice President & General Counsel of GE Capital, Americas; and Robert H. Mnookin - Samuel Williston Professor of Law at Harvard Law School, the Chair of the Steering Committee of the Program on Negotiation at Harvard Law School, and the Director of the Harvard Negotiation Research Project.
Stephen York to head Lovells disputes practice in Dubai
Jan 28, http://www.ameinfo.com/222502.html
Stephen York will join Lovells on 1 February 2010 as a Consultant, and will head the firm's dispute resolution practice in Dubai. The hire bolsters Lovells' existing dispute resolution capability in Dubai broadening the depth and range of its capabilities in the Middle East. With particular expertise in construction, energy and IT related disputes, Stephen's experience complements the sectoral focus of Lovells' existing Middle East practice.
Crowell & Moring Boosts International Arbitration Practice With Henry "Harry" Guy Burnett
Jan 29, http://pr-usa.net/index.php?option=com_content&task=view&id=321859&Itemid=96
Crowell & Moring LLP is pleased to announce the addition of New York partner Henry "Harry" Guy Burnett to the firm's internationally recognized International Arbitration and Latin America practices. The former co-head of Fulbright & Jaworski LLP's New York International Arbitration Group and Latin America Practice Group, Burnett will help to spearhead Crowell & Moring's growing New York presence in these areas.
BOOKS
The Creeping Codification of the New Lex Mercatoria Second Edition By Klaus Peter Berger
January 2010, hardcover 464 pp.
ISBN: 9789041131799
Price: EUR 145.00 / USD 196.00 / GBP 116.00
This greatly revised edition of an influential 1999 book consolidates its authoritative advocacy of the New Lex Mercatoria (NLM). Since the publication of the first edition, selfregulation and private governance in international business have gained world-wide recognition. Three dynamic commercial law initiatives in particular demonstrate that, in spite of the long-lasting dispute about the nature and dogmatic underpinnings of NLM, legal theory and international practice have accepted that transnational business law is open to the 'codification' of its contents. The UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, and (most recently and dramatically) the TransLex Principles at www.translex.org all draw their legal conclusions from observing the real-life phenomena surrounding regional and global integration of markets and foreign direct investment.
This new edition presents an advanced elaboration of the author's 'Creeping Codification' thesis based on the TransLex Principles, an Internet-based method using an ongoing, spontaneous, and dynamic codification process which is never completed. The TransLex Principles contain black-letter texts of 128 principles and rules of the NLM with comprehensive, constantly updated comparative law references from domestic statutes, court decisions, doctrine, arbitral awards, and uniform laws. An annex to this book contains a synopsis of the wealth of materials available on the TransLex web site as well as a rare personal account of one of the "fathers"of the NLM, Philippe Kahn.
International legal practitioners and academics alike have long complained about the inadequate legal framework for international trade and commerce. This book, with its farreaching theoretical and methodological analysis of the doctrine of an autonomous transnational economic law, clearly opens the way to an independent and workable third legal system alongside domestic law and public international law. It offers international practitioners (contract negotiators, arbitrators, attorneys and other representatives of the parties in international arbitration proceedings) with a powerful and reliable instrument to apply transnational commercial law in daily legal practice
Mannheimer Swartling publishes guide on commercial dispute resolution
Feb 2010, http://www.mannheimerswartling.se/en/News/Latest-news/Mannheimer-Swartling-publishes-guide-on-commercial-dispute-resolution/
"Mannheimer Swartling's Guide till kommersiell tvistlösning" was published at the end of January. The Swedish guide, co-authored by Robin Oldenstam, Fredrik Andersson and Christoffer Monell, offers an easily accessible review of the issues that need to be considered when choosing between different types of dispute resolution and provides the reader with concrete examples and templates.
The Barbados/Trinidad and Tobago Arbitration Award of 2006
Cambridge University Press
ISBN-13: 9789067043212, Hardback
This volume contains the award of the Arbitral Tribunal established to decide a maritime boundary dispute between Barbados and Trinidad and Tobago. The award is significant as it is the first ever delivered in a maritime delimitation submitted to arbitration under the 1982 United Nations Convention of the Law of Sea. It established a single maritime boundary between Barbados and Trinidad and Tobago and required the two nations to take steps to conserve fish stocks and ensure certain fishing rights of Barbados fishermen who had traditionally fished in Trinidad and Tobago waters. The volume includes a commentary on the contribution of the award to international law by Professor Bernard Oxman, from the University of Miami. Contains the first award ever rendered in a maritime delimitation submitted to arbitration under Annex VII of the United Nations Convention of the Law of Sea, making this of particular interest to scholars of international law and the law of the sea Includes seven maps, illustrating the parties' claims and the boundary decision made by the tribunal, and providing clear visual aids for the reader Scholarly commentary by Professor Bernard Oxman serves as an invaluable reference guide to research
Contents
- Introduction: the Barbados/Trinidad and Tobago arbitration. Its contribution to international law: 'back to the future';
- Award of the Arbitral Tribunal;
- Maps.
ICSID
New: Metal-Tech Ltd. v. Republic of Uzbekistan (ICSID Case No. ARB/10/3)
Subject Matter: Molybdenum plant Registered February 04, 2010. Tribunal not yet constituted
New: Convial Callao S.A. and CCI - Compañía de Concesiones de Infraestructura S.A. v. Peru (ICSID Case No. ARB/10/2)
Subject Matter: Highway construction project. Registered: February 02, 2010. Tribunal not yet constituted.
Giovanna a Beccara and others v. Argentine Republic (ICSID Case No. ARB/07/5)
Procedural Order on Confidentiality.
Alpha Projektholding GmbH v. Ukraine (ICSID Case No. ARB/07/16)
Status of Proceeding: Pending (the Respondent files a proposal for disqualification of an arbitrator. The proceeding is suspended on February 5, 2010)
AES Summit Generation Limited and AES-Tisza Erömü Kft. v. Republic of Hungary (ICSID Case No. ARB/07/22)
Status of Proceeding: Pending (the Tribunal issues a procedural orderconcerning admissibility of evidence on February 4, 2010)
Ron Fuchs v. Georgia (ICSID Case No. ARB/07/15)
Status of Proceeding: Pending (the Tribunal declares the proceeding closed on February 8, 2010)
Tza Yap Shum v. Republic of Peru (ICSID Case No. ARB/07/6)
Status of Proceeding: Pending (the Claimant files observation on the Respondent's request for production of documents on February 9, 2010)
Ioannis Kardassopoulos v. Georgia (ICSID Case No. ARB/05/18)
Status of Proceeding: Pending (the Tribunal declares the proceeding closed on February 8, 2010)
Reinhard Hans Unglaube v. Republic of Costa Rica (ICSID Case No. ARB/09/20)
Status of Proceeding: Pending (Tribunal holds a first session by telephone conference on February 4, 2010)
Astaldi S.p.A. v. Republic of Honduras (ICSID Case No. ARB/07/32)
Status of Proceeding: Pending (the parties filed concluding briefs on February 3, 2010)
Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14)
Status of Proceeding: Pending (each party files observations on the other party's statement of costs on February 4, 2010)
RSM Production Corporation v. Grenada (ICSID Case No. ARB/05/14)
Status of Proceeding: Pending ( Grenada files a rejoinder on annulment on February 3, 2010)
Tanzania Electric Supply Company Limited v. Independent Power Tanzania Limited (ICSID Case No. ARB/98/8)
Status of Proceeding: Pending (the arbitrator furnishes explanations in regard to the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3) on February 4, 2010)
Antoine Goetz and others v. Republic of Burundi (ICSID Case No. ARB/01/2)
Status of Proceeding: Pending (following the resignation of Prosper Weil, the Centre notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2) on January 7, 2010)
Giordano Alpi and others v. Argentine Republic (ICSID Case No. ARB/08/9)
Status of Proceeding: Pending (the Tribunal issues a decision on production of documents on February 2, 2010)
H&H Enterprises Investments, Inc. v. Arab Republic of Egypt (ICSID Case No. ARB/09/15)
Date of Constitution of Tribunal: February 02, 2010. Bernardo M. CREMADES (Spanish), Hamid G. GHARAVI (Iranian/French), Veijo HEISKANEN (Finnish)
ConocoPhillips Company and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30)
Status of Proceeding: Pending (Tribunal recently reconstituted)
Toto Costruzioni Generali S.p.A. v. Republic of Lebanon (ICSID Case No. ARB/07/12)
Status of Proceeding: Pending (the Claimant files a memorial on the merits on January 29, 2010)
Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. ARB/06/11)
Status of Proceeding: Pending (the parties file reply post-hearing briefs on quantum and counter-claim damages on January 22, 2010)
Víctor Pey Casado and President Allende Foundation v. Republic of Chile (ICSID Case No. ARB/98/2)
Status of Proceeding: Pending (the ad hoc Committee holds a first session in Paris on January 29, 2010)
Elsamex, S.A. v. Republic of Honduras (ICSID Case No. ARB/09/4)
Status of Proceeding: Pending (the Claimant files a counter- memorial on jurisdiction on December 22, 2009)
Quadrant Pacific Growth Fund L.P. and Canasco Holdings Inc. v. Republic of Costa Rica (ICSID Case No. ARB(AF)/08/1)
Status of Proceeding: Pending (the proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) on January 25, 2010)
Impregilo S.p.A. v. Argentine Republic (ICSID Case No. ARB/07/17)
Status of Proceeding: Pending (the Respondent files a rejoinder on the merits on January 22, 2010)
Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14)
Status of Proceeding: Pending (the Respondent files a statement of costs on January 28, 2010)
Giovanna a Beccara and others v. Argentine Republic (ICSID Case No. ARB/07/5)
Status of Proceeding: Pending (the Tribunal issues a procedural order concerning confidentiality on January 27, 2010)
Ahmonseto, Inc. and others v. Arab Republic of Egypt (ICSID Case No. ARB/02/15)
Status of Proceeding: Pending (the proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) on January 28, 2010)
Iberdrola Energía, S.A. v. Republic of Guatemala (ICSID Case No. ARB/09/5)
Status of Proceeding: Pending (the Respondent files a counter-memorial on jurisdiction and admissibility on January 25, 2010)
Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/09/2)
Status of Proceeding: Pending (the Respondent files a response to the Claimant's observations of January 14, 2010, on January 26, 2010)
Burlington Resources, Inc. v. Republic of Ecuador (ICSID Case No. ARB/08/5)
Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction in Paris on January 22, 2010)
AES Summit Generation Limited and AES-Tisza Erömü Kft. v. Republic of Hungary (ICSID Case No. ARB/07/22)
Status of Proceeding: Pending (the Respondent files a reply to the Claimants' response of January 7, 2010, on January 25, 2010)
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 Tribunal issues a procedural order concerning production and confidentiality of documents on January 25, 2010)
Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru (ICSID Case No. ARB/03/28)
Status of Proceeding: Pending (the Republic of Peru files a reply on annulment on January 22, 2010)
Víctor Pey Casado and President Allende Foundation v. Republic of Chile (ICSID Case No. ARB/98/2)
Status of Proceeding: Pending (the Republic of Chile files observations on the admissibility of the annulment application on January 25, 2010; Victor Pey Casado and Fundación Presidente Allende file observations on the request for a stay of enforcement of the award on January 25, 2010)