issue #04, week 10. 09 March 2010
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

provides a condensed overview of recent events of interest to the international arbitration community.

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NEWS

U.S. lawmakers launch push to repeal NAFTA

Mar 4, http://ca.news.yahoo.com/s/reuters/100304/n_top_news/cnews_us_usa_congress_nafta

Reuters - A small group of U.S. lawmakers unveiled legislation on Thursday to withdraw from the North American Free Trade Agreement in the latest sign of congressional disillusionment with free-trade deals.

Bahrain's arbitration centre welcomes Lord Woolf

Mar 7, http://www.tradearabia.com/news/newsdetails.asp?Sn=LAW&artid=176009

Bahrain's arbitration and mediation centre (BCDR-AAA) played host to Lord Woolf of Barnes and president of the QFC Civil and Commercial Court during his visit to the Kingdom recently. Lord Woolf described the chamber's plans as very exciting and said it 'reflected forward looking approaches to dispute resolution.'

'The two part approach (statutory arbitration and the arbitration "free zone") is both sensible and constructive and I would expect that the initiative will be very successful. The BCDR-AAA has a very long future which will be most important for Bahrain in particular and in the region in general,' he added. 'I hope that there is going to be close co-operation between QFC Civil and Commercial Court and ADR Centre in Doha and the BCDR-AAA because both in their respected ways are determined to assist those who seek help to resolve their disputes expeditiously, fairly and in a most straight forward manner,' Lord Woolf remarked.

Russia court rules civil cases tried in Europe rights court must be reconsidered

Feb 26, http://jurist.law.pitt.edu/paperchase/2010/02/russia-court-rules-civil-cases-tried-in.php

JURIST - The Constitutional Court of the Russian Federation ruled Friday that Russian courts must reconsider civil cases decided by the European Court of Human Rights (ECHR), ordering legislative amendments. The rule previously applied only to criminal and arbitration cases. The decision stems from a complaint brought by three Russian citizens who won legal battles in the ECHR, only to find that Russian courts would not rehear their cases. The courts had cited Article 392 of Russia's Civil Procedure Code, which does not explicitly enumerate cases tried by the ECHR among cases that can be retried....

New Swiss-Dutch DTA Signed

Mar 5, http://www.tax-news.com/news/New_SwissDutch_DTA_Signed____42011.html

It has recently emerged that Switzerland and the Netherlands have signed a new double taxation agreement (DTA). According to the Swiss Federal Administration, the new agreement replaces the existing DTA of 1951/1966, and contains provisions on the exchange of information in accordance with the Organization for Economic Cooperation and Development (OECD) standard.

MAS drops RM124m suit against Air Maldives

Mar 5, http://www.btimes.com.my/Current_News/BTIMES/articles/20100305174308/Article/index_html

Malaysia Airlines (MAS) today withdrew its US$35.5 million (RM124 million) civil suit against Air Maldives (AML) filed in the Kuala Lumpur High Court in 2004 following an agreement reached with the Maldives Government two weeks ago.

Under the agreement sealed in the Maldives capital Male on Feb 14, the Maldives Government withdrew a US$90 million (RM315 million) claim filed with the Singapore-based International Court of Arbitration on March 1.

Court rules against Cemex's Venezuela bid

Mar 4, http://www.reuters.com/article/idUSN0414408120100304

Reuters - An international court has rejected a request by Mexican cement maker Cemex to protect it from further expropriations by Venezuela after a 2008 nationalization of its Venezuelan assets.

Pacific Rim Mining Provides Update on Exploration Focus and CAFTA Proceedings

Mar 4, http://finance.yahoo.com/news/Pacific-Rim-Mining-Provides-ccn-898096216.html?x=0&.v=1

PacRim's action under the Central America-Dominican Republic-United States of America Free Trade Agreement ("CAFTA") and the El Salvadoran Investment Law formally commenced on April 30, 2009, when PacRim filed its Notice of Arbitration with the International Centre for Settlement of Investment Disputes ("ICSID"), which is part of the World Bank. On November 18, 2009, a three-member Arbitral Tribunal was constituted to hear the case (see Pacific Rim news release #09-08).

On January 4, 2010, the GOES filed preliminary objections to PacRim's claims under CAFTA and El Salvador's Investment Law. Copies of the GOES's filing and PacRim's response to ICSID are available on Pacific Rim's website (www.pacrim-mining.com). Under CAFTA Article 10.20, the Tribunal is to rule on the objections on an expedited schedule, has set a hearing on the objections for May 31 and June 1, 2010, and is expected to issue a ruling by September 2010. PacRim believes that El Salvador's objections are not only completely without merit, but are also frivolous, and that GOES filed them purely as an attempt to stall the arbitration proceedings. PacRim fully expects that the Tribunal will reject the objections and proceed with the arbitration claim.

DIALOGUE WITH THE GOVERNMENT OF EL SALVADOR

The Company was discouraged to hear public comments made on January 13, 2010 by President Mauricio Funes in which he voiced environmental concerns for mining; comments which were, in the Company's opinion, groundless and ill-conceived. The Company had been encouraged by a series of meetings held in the fall of 2009 with the highest levels of President Funes' cabinet and leadership from the ruling FMLN party to discuss the environmental, technical, economic and social aspects of the proposed El Dorado mine. During all of these meetings, the Company was encouraged by the positive reactions to the technical and environmental aspects of the mine.

El Salvador has mining laws, investment laws and environmental laws in place. PacRim has complied with if not exceeded all of the requirements of these laws. The actions and inactions of the GOES over the past years have severely eroded not only Pacific Rim's market value, but also El Salvador's reputation as a place for foreign investment. Before El Salvador can hope to attract the future foreign investment sorely needed in this time of economic crises, the country must demonstrate that it is willing to protect and enforce the rights of existing foreign investors.

Yukos executives launch $100bn case against Russia in European Court of Human Rights

Mar 2, http://business.timesonline.co.uk/tol/business/industry_sectors/natural_resources/article7046860.ece

The former management of Yukos, the defunct oil company, will seek $100 billion (£67 billion) in damages from the Russian Government on Thursday in what is believed to be the biggest lawsuit brought in Europe.

Moscow destroyed Yukos, judges told

Mar 4, http://www.ft.com/cms/s/0/c550d272-27b0-11df-863d-00144feabdc0.html

Former executives from Mikhail Khodorkovsky's bankrupted Yukos went head to head with the Russian government in the European Court of Human Rights on Thursday in a "watershed" hearing over a $98bn claim that Moscow unlawfully destroyed the oil company.

European Court of Human Rights to hear $98bn Yukos claim today

Mar 4, http://www.thepeninsulaqatar.com/Display_news.asp?section=Business_News&subsection=market+news&month=March2010&file=Business_News20100304112714.xml

MOSCOW, AFP - Europe's top rights court will consider today a $98bn claim against Russia brought by executives from bankrupt oil company Yukos who are seeking to overturn years of legal defeats in Russian courts. Once Russia's largest oil firm, Yukos declared bankruptcy in 2006 after a multi-billion-dollar back-tax claim that executives say was driven by then President Vladimir Putin, who was consolidating his authority at the expense of powerful tycoons.

"This is a landmark moment in the seven-year Yukos case," said Claire Davidson, a spokeswoman for the plaintiffs, who are led by former CEO Steven Theede and former CFO Bruce Misamore, both Americans. "It is the first time that the Russian Federation and Yukos oil company will come face to face in an independent court to address the world's largest allegation of expropriation."

...

See also http://www.ft.com/cms/s/0/547e8306-26e7-11df-8c08-00144feabdc0.html

New Designations to the ICSID Panels

Mar 3, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement42

The Centre maintains a Panel of Conciliators and a Panel of Arbitrators pursuant to Articles 12-16 of the ICSID Convention. Each ICSID Contracting State may designate up to four persons to each Panel. The designees may, but need not, be nationals of the designating country. In addition, up to ten persons may be designated by the Chairman of the Administrative Council. Each designee normally serves for a renewable term of six years.

Since the beginning of the current fiscal year of the Centre (July 1, 2009), designations to the ICSID Panels have been made by the governments of Mauritius, Nigeria, Panama, Spain and Uganda. The names of the designees and the effective dates of their terms in office are listed at the ICSID website.

Russian Court granted enforcement of SCC award

Mar 4, http://www.chamber.se/?id=23696&newsid=32187

Determination of the State Federal Arbitrazh Court of the Moscow region No KG-A40/8155-09.

In August 2009 the State Arbitrazh court of the Moscow region recognized and granted enforcement of an SCC award. The Claimant, a Dutch design company was awarded compensation for outstanding amounts and damages for infringement of copyright under a contract for works and services.

The Respondent, a Russian company, challenged the enforcement alleging, inter alia, bias and lack of jurisdiction. Both Moscow Arbitrazh Court (the first instance) and the Federal Arbitrazh Court (the cassation instance) rejected the challenge. Bias allegations concerned participation of one of the arbitrators in a conference sponsored by the firm representing the claimant. In dismissing the arguments of the respondent, the court stated that the claimant's representative was an information sponsor and could not have influenced the conference program or its speakers. The jurisdictional objections were related to outstanding payments for additional works arisen in the course of the contract's performance. The court found that the disputed arbitration clause was wide enough to cover the disputed claims on the basis of connection with the main contract.

Gas utility SPP files compensation claim against Russian Gazprom

Mar 3, http://www.bloomberg.com/apps/news?pid=newsarchive&sid=a1RRjszohQy4

Slovensky Plynarensky Priemysel AS, the dominant gas company in Slovakia, is seeking compensation from Gazprom for disruptions to supplies caused by the pricing dispute with Ukraine in 2009, Interfax reported on March 1. The company, also known as SPP, filed a suit with the International Court of Arbitration of the International Chamber of Commerce in Paris, the news service said.

Ecuador sees Oxy ruling before year-end

Mar 4, http://www.upstreamonline.com/live/article207983.ece

The World Bank's International Center for Settlement of Investment Disputes may soon rule on a case brought by US oil company Occidental Petroleum against Ecuador, a high-level official from Ecuador's attorney general's office said in an interview today.

Ecuador Extends Deadline For Overseas Oil Firms

Mar 3, http://www.oilvoice.com/n/Ecuador_Extends_Deadline_For_Overseas_Oil_Firms/488390166.aspx

The government of Ecuador has extended a deadline for private oil firms to sign new agreements with the authorities in Quito, by one month to the end of April 2010. Strategic Sectors Minister Galo Borja commented that the government was capable of taking over the operations of any company that did not want to renegotiate its contracts, but ruled out expropriation in favour of continued negotiation.

Australia To Establish International Arbitration Center In Sydney

Mar 3, http://www.attorneygeneral.gov.au/www/ministers/mcclelland.nsf/Page/Speeches_2010_3March2010-RemarksattheLaunchoftheAustralianInternationalDisputesCentre

The Australian government will establish its first dedicated international dispute resolution center later this year in an attempt to steer some business in the growing industry away from Asian arbitration hubs Singapore and Hong Kong. (http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201003022305dowjonesdjonline000555&title=australia-to-establish-international-arbitration-center-in-sydney)

Remarks at the Launch of the Australian International Disputes Centre by Attorney-General Hon Robert McClelland MP:

The Centre is a partnership between the Commonwealth and New South Wales Governments, the Australian Commercial Disputes Centre, and the Australian Centre for International Commercial Arbitration.

My colleague, NSW Attorney-General John Hatzistergos, has shown great personal commitment to bring this project forward.

I would also like to recognise the drive that Professor Doug Jones AM as President of the Australian Centre for International Commercial Arbitration and his colleagues have demonstrated in bringing people on board.

The Australian International Disputes Centre will be equipped with state of the art dispute resolution facilities. Together with the depth of arbitration expertise and support services already here in Australia, the Centre will make Sydney a leading place to resolve international disputes.

This is an exciting development that puts Sydney - and Australia - at the forefront of international arbitration.

The establishment of the Australian International Disputes Centre is a key part of the wider agenda of arbitration reforms at both the Commonwealth and State levels.

At the Commonwealth level, through the International Arbitration Amendment Bill, the Government is seeking to increase the effectiveness, efficiency and affordability of international commercial arbitration. The Bill is expected to be debated in the next few weeks.

The Australian Government is also working closely with the States to draft a new model commercial arbitration bill based on the UNCITRAL Model Law. This project is being led by New South Wales.

Government have been driving reforms to Australia's international arbitration regime for two fundamental reasons.

First, international arbitration is often the most effective way for businesses to resolve cross-border disputes. In short, I see a vibrant international arbitration culture as a vital tool for Australian business in the modern, global economy.

And second, promoting the international dispute resolution industry here in Australia benefits not only lawyers and arbitrators, but also the economy in general.

The value of the international arbitration industry is demonstrated by the success of the Hong Kong and Singapore Centres, which heard around 700 disputes between them in 2009, and are hearing more and more every year.

Both countries earn significant direct and flow on revenue from this activity.

These figures show both the potential for international arbitration here in Australia - and make clear that we need to lift our game to catch up.

My view is that we will succeed here in Australia only if we can promote a truly cutting-edge and internationalised model of arbitration.

That is why I am promoting an 'Australian brand of arbitration' - one that genuinely meets the needs of the parties. We need to do away with unnecessary formalities and get on with identifying and solving the real dispute in issue. And we need to ensure that arbitration delivers swift and cost-competitive outcomes.

This requires arbitrators and lawyers to leave old prejudices and methods behind - arbitration is not court without the wigs. It will also require Australia's highly regarded courts to respect the fundamental nature of arbitration and provide appropriate support where required.

In short, the Australian brand of arbitration means we need to become known as the place to come when you want your problem fixed fast and fairly.

Through the new Australian International Disputes Centre I am confident that we can achieve this.

ICC-UAE Chapter creates new Arbitration Commission

Mar 3, http://www.zawya.com/Story.cfm/sidWAM20100303142041406/ICC-UAE%20Chapter%20creates%20new%20Arbitration%20Commission

The International Chamber of Commerce (ICC) UAE Chapter has organized a meeting attended by key ICC executives during which the members of the steering committee, chairman and vice chairmen of the new ICC-UAE Arbitration Committee were appointed.

New Legislation points The Bahamas towards Arbitration

Mar 2, http://www.ifcnews.com/new-legislation-points-the-bahamas-towards-arbitration/

A new Arbitration Act 2009 has been Gazetted in The Bahamas as well as the Arbitration (Foreign Arbitral Awards) Act 2009, which addresses matters of international arbitration. The new arbitration regime enhances the level of services The Bahamas is able to provide to the international business community. It gives teeth to the goal of establishing The Bahamas as a Centre for Arbitration, supported by a modernised legislative framework with a dedicated state of the art facility. The Government has indicated support for specialist court divisions that would showcase the specialist judicial expertise to be offered in arbitration and in other commercial matters.

World GTL files largest lawsuit against Petroleum Company of Trinidad and Tobago

Mar 02, http://www.radiojamaica.com/content/view/25490/88/

In what can be regarded as the biggest lawsuit against a Trinidad based company, a New York firm has filed a breach of contract case against the Petroleum Company of Trinidad and Tobago (Petrotrin). The case was filed in the US Federal Court in Manhattan, New York, seeking no less than $12 billion for losses incurred over the collapse of a joint venture project. World GTL Incorporated and its subsidiary, World GTL (St. Lucia), filed the lawsuit in the US District, Southern District of New York, on February 23. The action arose out of the alleged wrongful taking and expropriation of a nearly-completed $3 billion gas-to-liquid plant, being constructed inside the Petrotrin refinery, Pointe-a-Pierre.

Petrotrin ready to fight $12b lawsuit

Mar 3, http://www.trinidadexpress.com/index.pl/article_business?id=161602873

State-owned Petrotrin is prepared to defend a $12 billion lawsuit filed by a company that was a joint-venture partner in the construction of a gas-to-liquid plant at its Pointe-a-Pierre refinery. Petrotrin issued a media release yesterday stating that it had not yet been served with this complaint.

...

Petrotrin stated that it began arbitration before the International Court of Arbitration of the International Chamber of Commerce against World GTL Inc and World GTL St Lucia, 'in which Petrotrin has alleged that the World GTL parties have persistently and materially breached their contractual obligations in connection with the project'.

UK: Monitoring the Effectiveness of the Government's Commitment to using Alternative Dispute Resolution - The Annual Pledge Report 2008/09

Mar 2, http://www.justice.gov.uk/latest-updates/alternative-dispute-resolution-2008-09.htm

A report monitoring the effectiveness of the government's commitment to using alternative dispute resolution across government departments and agencies. On 23 March 2001, the Lord Chancellor published a formal pledge committing government departments and agencies to settle legal cases by alternative dispute resolution techniques in all suitable cases whenever the other side agreed to it. These annual reports summarise the effectiveness of that pledge.

Government departments and agencies, including the National Health Service Litigation Authority have continued to monitor their use of ADR throughout the year, providing statistical information to the Ministry of Justice to collate for this report.

During the reporting period 2008/09, ADR has been used in 314 cases with 259 leading to settlement, saving costs estimated at £90.2m.

Compared to last year's returns ADR was attempted in fewer cases, (374 in 2007/08), but with a higher settlement rate of 82% (72% in 2007/08).

Full report http://www.justice.gov.uk/about/docs/alternative-dispute-resolution-08-09.pdf

Judge Olga B. Kudeshkina's speech "Deeds not words: The present failings of judicial reform in Russia"

01 Mar 2010, http://www.eu-russiacentre.org/eurc/judge-olga-kudeshkinas-speech.html

Text of the speech by Judge Olga B. Kudeshkina given in London to the Bar Human Rights Committee of England and Wales and to the All-party Parliamentary Russia Group, 8-9 February 2010 One of President Medvedev's stated goals is to achieve genuine independence of the judiciary in Russia. For twenty years the basic aim of judicial reform has been the assertion of judiciary's role within the functioning of the Russian State as an independent and influential force, that is not dependent in its activities on either the executive or the legislative branches of power. In short, he says he wants to see the creation of an independent, impartial and fair judicial system.

Regrettably, we have not yet reached this goal. Surveys and sociological research show that the courts have become neither a source of justice for the majority of Russia's citizens nor a defence of their legal rights. The politically-motivated cases of the past decade offer further evidence of this situation.

Recently the Russian President announced that a new stage in judicial reform was beginning, with the aim of "securing independence of the courts in practice". Although the legislation currently in force provides firm guarantees of the independence of the courts and the judiciary, President Medvedev has acknowledged the quite obvious fact that an independent judiciary has not been established in Russia . To attain this goal, he believes, the State will have to tackle an entire range of interlinked tasks. First of all, it is necessary to prepare measures that will root out decisions based not on law but "as we know, frequently arise as the result of various forms of pressure and, let's be honest, are reached through bribery."

"Legal nihilism", pressure on judges, and the corruption, dependence and injustice that arises out of this disregard for the law - together these practices and attitudes are hindering the building of a new, powerful and affluent Russia. This cannot go on, President Medvedev has declared . Anyone who wants to see our country thrive could not fail to agree. The problem is, How can these good intentions be transformed into reality?

THE PROSPECTS FOR FOREIGN INVESTMENT IN RUSSIA WHEN OUR COURTS STILL LACK INDEPENDENCE

The most important question any investor must ask when thinking of putting his money into the Russian economy is, How well will my rights be protected there, both as a property-owner and as an investor? The problems of corruption, of the defence of property rights, and of the lack of effective, independent justice and of reliable guarantees of personal safety remain serious in Russia, not only for the foreign investor but also for Russian citizens.

Recently PriceWaterhouseCoopers released its world survey of economic crime in 2009. The survey materials indicate that about 71% of all companies in Russia suffered last year, directly or indirectly, from economic crimes. That is an increase of 12% on 2008. Foreign investors in Russia remain afraid that their assets might be illegally confiscated. This was the view of 64% of respondents. 48% of them feared corruption . More recently investors in Russia have risked losing not only their money but also their liberty. No one today any longer doubts that the Khodorkovsky-Lebedev case is political. Meanwhile Sergei Magnitsky, lawyer at Hermitage Capital, died a suspicious death in pre-trial custody. In reality he was a victim of corporate raiding.

My own experience has revealed to me the lack of respect in Russia, not only for the individual's civil rights and for Russian law but even for rulings issued by international courts. The Russian economy may appear very inviting but the risk of investing in our country remains high.

Deeds not words are needed now. The success with which judicial reform can be implemented depends on the real actions taken by the authorities to strengthen the independence of judges and the judiciary, and to eliminate the flaws of the judicial system.

Other issues addressed in this speech:

What's Next for the Liberian Draft Investment Bill?

Feb 27, http://www.liberianobserver.com/node/4799

Liberian Observer - ... The Draft Investment Law also provides protections against expropriation, guaranteeing that the government will not take away company assets without reasonably compensating the owner prior to doing so. The Draft Law also, among other things, provides for protection of intellectual property and guarantees free repatriation of legally acquired profits.

Specifically the Draft Investment Law seeks to do three things:

1) support the development of a vibrant private sector in Liberia led by direct investments from domestic, Diaspora, regional and international businesses to create jobs opportunities, rapid economic recovery and reconstruction and development of Liberia;

2) improve accountability, efficiency, predictability and transparency for all investors - small or large, domestic, Diaspora and international; and

3) ensure that Liberia is on par with global sound practice and can compete internationally with other investment destinations.

...

Company takes €35m Serbia claim to court

Feb 26, http://www.ft.com/cms/s/0/db7749d2-2305-11df-a25f-00144feab49a.html

An Israeli company selling images from spy satellites is seeking €35m ($47.7m, £31.3m) as an arbitration award from Serbia over a defence deal pre-dating the country's split from neighbouring Montenegro. ImageSat International NV, registered in Curacao, on Thursday submitted its request to the Serbian courts to enforce its claim, amounting to €30.5m plus interest to date and arbitration costs. Company representatives said they would also ask the UK and the Netherlands to recognise the ruling, which followed binding arbitration in London.

UN body goes ahead with arbitration of maritime dispute between Bangladesh and India

March 1, http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=97530&Itemid=2

Associated Press of Pakistan (APP) - The International Tribunal for the Law of the Sea of the United Nations has appointed three arbitrators to settle the maritime disputes between Bangladesh and India, a Foreign Ministry official said in Dhaka Monday. With the appointment of three arbitrators, Rudiger Wolfrum of Germany, Tullio Treves of Italy and Ivan Shearer of Australia, the tribunal gets the required five-member panel, which will finalise the maritime boundary in the Bay of Bengal.

The tribunal now goes ahead with arbitration as Delhi has stubbornly refused to accept Dhaka's formula for demarcation of the maritime boundary. Foreign Ministry officials hope the tribunal would bring an end to the long-standing disputes between Dhaka and New Delhi over the claim of 10 oil and gas blocks in the Bay of Bengal.

"According to the International Convention on the Law of the Sea, the ITLOS president has nominated three arbitrators," a senior Foreign Ministry official said. "We hope that the tribunal will settle the disputes within three to four years," said the official.

Territorial and Maritime Dispute (Nicaragua v. Colombia) - Costa Rica requests permission to intervene in the proceedings

Feb 26, http://www.icj-cij.org/docket/files/124/15849.pdf

THE HAGUE, 26 February 2010. Costa Rica filed yesterday an Application for permission to intervene in the case concerning Territorial and Maritime Dispute (Nicaragua v. Colombia). In its Application, Costa Rica states that "[b]oth Nicaragua and Colombia, in their boundary claims against each other, claim maritime area to which Costa Rica is entitled". Costa Rica affirms that, in their submissions on the maritime boundary between them,

"the Parties have put forward arguments that demonstrate that the prolongation of their maritime boundary will eventually run into maritime zones in which third States have rights and interests. As Nicaragua's adjacent neighbour to the south, Costa Rica is one of those third States. It is evident that neither Party has properly informed the Court of the nature or extent of third State interests in the area."

Stating that this is the context in which it comes before the Court, Costa Rica makes clear that it has no intention of intervening in those aspects of the proceedings relating to the territorial dispute between Nicaragua and Colombia. According to the Application,

"it is only the maritime boundary aspect of the case with which Costa Rica is concerned, and only that part of the maritime boundary that might affect Costa Rica's legal rights and interests. It is the purpose of Costa Rica's intervention to inform the Court of Costa Rica's legal rights and interests so that these may remain unaffected as the Court delimits the maritime boundary between Nicaragua and Colombia, the parties to the case before it. Costa Rica does not seek to become a party to the case."

Costa Rica specifies the two-fold object of its intervention:

"First, generally, to protect the legal rights and interests of Costa Rica in the Caribbean Sea by all legal means available . . . Second, to inform the Court of the nature of Costa Rica's legal rights and interests that could be affected by the Court's maritime delimitation decision in this case."

Costa Rica invokes Article 62 of the Statute of the Court as the basis for its intervention, underlining that it does not seek to become a party to the case between Nicaragua and Colombia.

Costa Rica's Application was immediately communicated to Nicaragua and Colombia, and the Court has fixed 26 May 2010 as the time-limit for the filing of written observations by those States. It will be for the Court to decide whether the Application for permission to intervene will be granted. Should an objection be raised to the Application, the Court will hear the Parties and Costa Rica before deciding.

New aid for drafting awards in ICC cases

Feb 2010, http://www.iccwbo.org/iccdfbbe/index.html

As part of its ongoing drive to improve efficiency, the ICC International Court of Arbitration has issued a checklist for drafting ICC arbitral awards. The two-page document may be a helpful memory jog for ICC arbitrators when preparing their awards for submission to the Court.

The checklist reminds arbitrators of key information that must normally be included in an ICC award. These include the correct and full identification of all players in the arbitration, details about the relevant arbitration agreement, the complete history of the proceedings, any decisions on jurisdiction, the disposal of the parties' claims and, in final awards, the costs of the arbitration. Such information is necessary, not only to resolve the dispute, but also to demonstrate the integrity of the proceedings in the event of a subsequent attempt to set aside the award.

The checklist also draws attention to matters of presentation, stressing the importance of clarity and consistency. The readability of an award will be greatly enhanced if it is carefully structured, includes a table of contents and numbered pages and paragraphs, and provides translations of any texts quoted in foreign languages.

The checklist is for guidance only. It does not seek to be exhaustive, nor is it mandatory or otherwise binding upon arbitrators.

Simon Greenberg, Deputy Secretary General of the Court, described the checklist as 'a time-saving tool to help avoid many of the formal corrections requested by the Court when scrutinizing awards under Article 27 of the ICC Rules'. Mr Greenberg added: 'It will help to make sure that busy arbitrators do not overlook details that can improve the effectiveness of their awards and thereby contribute to the quality of ICC awards and the efficiency of the scrutiny process.'

The scrutiny of draft awards is one of the most appreciated added values of arbitration proceedings administered by the ICC Court. In 2009, only 33 of the 415 draft awards approved by the Court were accepted without comment. In the remaining 382, the arbitral tribunal was invited to look again at certain aspects of its award. It is hoped that the new checklist will render much post-scrutiny adjustment on minor formal matters unnecessary.

The checklist is intended solely for ICC arbitrations and will be distributed systematically to arbitrators when the case file is transmitted to them, as well as to all arbitrators in ongoing proceedings that have already passed that stage. It will also be published in the ICC International Court of Arbitration Bulletin and the ICC Dispute Resolution Library.

Nigeria: Sonatrach's Scandal Escalates

Feb 24, http://allafrica.com/stories/201002250814.html

Lagos - It appears that the scandal rocking Algeria's oil industry and Sonatrach will not be going away anytime soon and has spread into other facets of Algeria's oil and gas industry. Anadarko and Sonatrach are currently in arbitration over the windfall tax enacted by the government. The windfall tax or the taxe sur les profits exceptionnels, taxes any profits when crude trades above $30 per barrel. Following the enactment of the windfall tax Algeria's number one producer, US independent Anadarko, filed for arbitration* as the company did not believe it fell under its contractual obligations. While Anadarko hopes that the issue will be resolved through arbitration by summer, a source close to the situation stated that investigations were turning up irregularities on Sonatrach's part.

* see Anadarko to Reserve for New Algeria Tax Expense Feb 5 2007, http://www.anadarko.com/Investor/Pages/NewsReleases/NewsReleases.aspx?release-id=958265

"Our Algerian assets are operated under a production sharing contract containing a stabilization clause that protects our existing investment and related asset value. Although we are recording the estimated impact of the tax with this charge in the fourth quarter, we expect to ultimately receive relief through the stabilization provision once its applicability is recognized in a settlement agreement or in international arbitration," Anadarko Chairman, President and CEO Jim Hackett said.

Dubai chamber rows tripled over past year

Feb 25, http://www.zawya.com/Story.cfm/sidZAWYA20100225044444/Dubai%20Chamber%20Rows%20Tripled%20Over%20Past%20Year

Commercial disputes heard at Dubai's chamber of commerce tripled last year as more deals turned sour because of the financial crisis. A total of 292 cases were handled by the Dubai International Arbitration Centre (DIAC), figures released yesterday showed. In a further sign of the increasingly unsettled business environment in the emirate since the global financial crisis, the chamber's legal services department received 930 mediation cases last year. It settled 301 cases, the Dubai Chamber of Commerce and IndustryDubai Chamber of Commerce and IndustryLoading... said.

Court Dismisses $9 Million Trafigura Claim In Nigeria Force Majeure

Feb 15, http://english.capital.gr/news.asp?id=914581

Dow Jones - A Paris arbitration tribunal has dismissed a $9 million claim by Trafigura Beheer B.V. against Indian Oil Corp. (530965.BY) in a Nigeria dispute, underscoring the risks tied to the country's frequent supply disruptions, according to a person familiar with the matter. The disagreement between the European commodities trading firm and the Indian state-oil company stemmed from a one-month delay in a cargo delivery early 2008 after sabotage on a Niger Delta pipeline.

AbitibiBowater Files NAFTA Notice of Arbitration Seeks C$500 Million Compensation for Expropriation of Assets in Canada

Feb 25, http://www.abitibibowater.com/media/latest-news.aspx?detail=true&reqid=1395483

AbitibiBowater today filed a Notice of Arbitration under the North American Free Trade Agreement ("NAFTA") with regards to the expropriation of its assets and rights in Newfoundland and Labrador, Canada. The Company contends that the provincial government's enactment in December 2008 of Bill 75, which expropriates an extensive array of the Company's rights and assets, was arbitrary, discriminatory and illegal under international law.

The claim seeks direct compensation for damages of approximately C$500 million, plus additional costs and relief deemed just and appropriate by the Arbitral Tribunal. This is one of the largest claims ever filed against Canada under NAFTA. Under international law, the Canadian Federal Government is responsible for the actions of Newfoundland and Labrador in violation of the investment protection provisions of NAFTA.

In early December 2008, AbitibiBowater announced capacity-reduction measures in Canada and the United States, including the permanent closure of its Grand Falls-Windsor, Newfoundland and Labrador mill, due to the economic downturn and decline in product demand. In retaliation, the province hastily passed Bill 75, without any attempt to consult with the Company and without holding any public hearings.

The Company has asserted in the Notice of Arbitration that the province's Bill 75 unquestionably breaches Canada's NAFTA obligations on a number of grounds, including among others:

"The expropriation was detrimental to the financial position of our Company," stated David J. Paterson, President and Chief Executive Officer. "After operating in Newfoundland and Labrador for more than a century and contributing significantly to the region's economic, social and sustainable development, the nationalization of AbitibiBowater's assets was unexpected and unnecessary."

"AbitibiBowater has been engaged with the Government of Canada and the Government of Newfoundland and Labrador in an effort to achieve a fair and equitable settlement and avoid a protracted NAFTA case. Unfortunately, despite those extensive discussions, we are unable to resolve the matter at this time and the Company has no choice but to file a formal claim under NAFTA," added Paterson.

"It is our obligation to defend the interests of our stakeholders and ensure we receive compensation for the fair market value of the expropriated assets, plus additional damages. We are disappointed that a settlement acceptable to all parties has not yet been reached and we still hope that this issue can be resolved by a negotiated settlement with the Government of Canada," concluded Paterson.

The expropriation relates to a broad range of AbitibiBowater's rights and assets in Newfoundland and Labrador, including land rights, timber rights, water use rights and various other related rights and business partnerships. These rights and assets can be traced back in part to grants by the provincial government and its predecessors, as well as to numerous third-party transactions. In addition to the substantial sums it expended to acquire these rights, the Company has invested hundreds of millions of dollars in the province over the last century, ranging from capital investments in mill and hydroelectric generation operations to road projects that have helped build rural Newfoundland.

Since the Company is incorporated in the state of Delaware and carries out business activities in the United States, the expropriation of rights and assets represents a breach of Canada's obligations to a U.S. investor under Chapter Eleven of NAFTA.

AbitibiBowater has been involved in consultations with the State Department, Treasury Department, the Department of Commerce, and the U.S. Trade Representative since the expropriation. In an official statement, the U.S. State Department expressed concern about the action. As well, at a recent investment conference, representatives from the States of Alabama, Mississippi, Tennessee, Georgia and South Carolina also raised the expropriation with officials from the Governments of Canada and Newfoundland and Labrador.

Argentina appeals to UN over Falklands oil drilling

Feb 25, http://www.guardian.co.uk/uk/2010/feb/25/argentina-united-nations-falklands

Argentina last night intensified its diplomatic offensive against Britain's oil exploration off the Falkland Islands by taking the case to the United Nations. The Argentinian foreign minister, Jorge Taiana, spelled out Buenos Aires's demands in a meeting in New York with the UN secretary general, Ban Ki-moon, just a day after mobilising Latin American and Caribbean support.

UK's Brown says talks will end Falklands oil row

Feb 18, http://www.reuters.com/article/idUSLDE61H0GQ20100218?type=marketsNews

* Britain: UK firms within rights to drill around Falklands * Brown: islands protected, "sensible" talks will prevail

Reuters - Britain has taken steps to protect the Falkland Islands but expects to resolve a dispute with Argentina over drilling for oil in the South Atlantic through talks, Prime Minister Gordon Brown said on Thursday.

World Bank unit puts new Congo deals on ice until row resolved

Feb 24, http://www.businessday.co.za/articles/Content.aspx?id=94533

THE World Bank's private investment arm, the International Finance Corporation (IFC), will not make new commitments in the Democratic Republic of Congo until a dispute over a cancelled mining contract is resolved, a spokesman said. The IFC owns 7,5% of a 553m copper and cobalt project led by Canada's First Quantum Minerals that the Congo cancelled in August after a review of mining contracts. The case is now before an international arbitration court in Paris. "The cancellation of this project is unjustified," IFC spokesman Hannfried von Hindenburg said in Washington last week. "We're reviewing future projects and we're awaiting the outcome of this case before making any new investments."

Pdvsa still in arrears with service companies for assets expropriated in 2009

Feb 23, http://english.eluniversal.com/2010/02/23/en_eco_art_pdvsa-still-in-arrea_23A3475851.shtml

The workboat fleet and compression services company TideWater Inc. has filed for arbitration. The expropriation process of some oil service companies has not moved forward. The properties and assets of 74 service companies were seized by the Venezuelan government and are controlled by the state-run oil company Petróleos de Venezuela (Pdvsa) since May 2009, as published in the Official Gazette, but the expropriation process has not started formally. Experts say that to move forward with the process, the government should publish the decrees of public utility that have been recently issued with regard to companies in other sectors of the economy.

Trikona Advisers Limited Confirms Claim Against Trikona Trinity Capital (TRC) for GBP112,000,000

Feb 23, http://www.prnewswire.com/news-releases/trikona-advisers-limited-confirms-claim-against-trikona-trinity-capital-trc-for-gbp112000000-85030347.html

Trikona Advisers Limited ("TAL") today confirms that it will lodge a claim with the London Court of International Arbitration for GBP112,000,000 for the unlawful attempt by Trikona Trinity Capital Plc (Code "TRC" on AIM) to terminate its management agreement with the Fund six years early. The agreement was for ten years from 16 April 2006.

Court ruling hits Beijing's Congo hopes

Feb 23, http://m.ft.com/cms/s/0/851d019c-209b-11df-9775-00144feab49a.html

By Tom Mitchell in Hong Kong, William Wallis in Johannesburg and Barney Jopson in Nairobi - In a 97-page decision issued on February 10, two justices, Frank Stock and Maria Yuen, upheld claims by FG Hemisphere Associates, a New York-based firm, on "entry fees" that the state-owned China Railway Group had agreed to pay the government and state companies in Congo. The fees were part of a $9.25bn (€6.8bn, £6bn) project announced in April 2008. China Railway ... is leading a consortium that will develop more than 10m tonnes of Congo's copper and cobalt reserves.

Tokyo may sue Beijing over gas dispute

Feb 23, http://china.globaltimes.cn/diplomacy/2010-02/507166.html

Japan may take China before an international maritime tribunal over a disputed gas field in the East China Sea (ECS), Bloomberg reported Monday. Referring to the Chunxiao oil and gas field, which Japan calls Shirakaba, and an agreement reached in 2008 between Beijing and Tokyo on disputes in the ECS, Japanese Chief Cabinet Secretary Hirofumi Hirano was quoted in the report as saying, "Naturally, we may consider taking appropriate action if the agreement isn't observed."

"We'll negotiate with China as to what specific things might be done," Hirano added. The Mainichi newspaper also reported that Japanese Prime Minister Yukio Hatoyama's administration may bring the case before the International Tribunal for the Law. Japan has insisted that under the agreement, the two countries would solve ECS disputes by jointly developing gas fields, and has since accused China of drilling in the Chunxiao field.

PM Tymoshenko Accusing Yanukovych's Team Of Attempt To Privatise Gas-Transmission System

Feb 23, http://un.ua/eng/article/250105.html

Prime Minister Yulia Tymoshenko is accusing a team of president-elect Viktor Yanukovych of an attempt to privatise the Ukrainian gas-transmission system, she has announced in a televised address to Ukrainians. "Yanukovych's team has already begun privatising the gas-transmission system," she claimed.

The prime minister went on saying that Yanukovych's team had filed a lawsuit against Ukraine to the Arbitration Institute of the Stockholm Chamber of Commerce (Sweden) to take away strategic reserves of natural gas. "I am holding this suit in my hands. A striking fact: the new president's team is appealing against the state of Ukraine! And that is just the beginning," Tymoshenko said.

ANC Youth leader Malema sings new tune on nationalisation

Feb 23, http://www.businessday.co.za/articles/Content.aspx?id=94437

IN AN apparent climb-down yesterday, African National Congress Youth League leader Julius Malema - against a background of his unexplained wealth - told a media briefing the league's push for the nationalisation of mines in SA amounted to "public-private partnerships".

But this stance sits uncomfortably with the expropriation model for state ownership that the league punts in its position paper: "The manner in which nationalisation will be approached will neither be generalised compensation nor generalised expropriation without compensation. Expropriation without compensation should apply for mines that are not profitable, laying off huge numbers of workers and in financial crises."

Malema ... said the youth league's position paper on nationalisation did not call for "total" state ownership.

"We are saying the state must have majority shareholding and we want the formation of a state-owned mining company. We are not in Stalin's Soviet Union," he said.

Dispute With Astro Must Be Settled in Indonesia: First Media

Feb 23, http://www.thejakartaglobe.com/business/dispute-with-astro-must-be-settled-in-indonesia-first-media/360392

Multimedia company PT First Media said on Tuesday that its legal dispute with media giant Astro Malaysia over a failed pay-television joint venture must be settled under Indonesian jurisdiction. "The Indonesian courts are the only courts that have jurisdiction to settle the matter, not Singapore. We can't let them destroy our legal system," said Peter Gontha, First Media's president commissioner.

Gontha was responding to the decision by the Singapore International Arbitration Centre (SIAC) last week that the company and two affiliates must pay Astro $230 million in restitution. "We're currently undertaking an appeal of the previous ruling regarding the dispute in South Jakarta District Court," Gontha said.

SIAC Arbitral Tribunal awards US$230 million in favour of ASTRO in its dispute with Lippo Group

Feb 22, http://www.astroplc.com/09/media/detail.asp?section=9&i=460

Kuala Lumpur - In a filing with the Bursa Malaysia today, ASTRO All Asia Networks plc (ASTRO) announced that it had on 18 February 2010 received from an arbitral tribunal constituted by the Singapore International Arbitration Centre (SIAC), a ruling that contains various awards amounting to the equivalent of approximately US$230 million in restitution in its arbitration proceedings against a number of entities in the Lippo Group, including the publicly listed PT First Media.

The claims had arisen from a dispute relating to a proposed joint venture between ASTRO and the Lippo Group to operate a Pay TV business through PT Direct Vision in Indonesia, which led to the arbitration proceedings being commenced in October 2008. PT Direct Vision is liable for the total sum of approximately US$ 230 million and of this amount, PT First Media and PT Ayunda Prima Mitra are jointly and severally liable with PT Direct Vision for approximately US$ 95 million.

ASTRO will seek to enforce the awards in Indonesia and other appropriate territories that are signatories to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention").

Indian companies using Singapore as arbitration centre on the rise

Feb 20, http://www.dnaindia.com/money/report_indian-companies-using-singapore-as-arbitration-centre-on-the-rise_1350395

Mumbai: An increasing number of Indian companies are using Singapore as an arbitration destination, a top Singaporean Minister said.

"We have witnessed an increase in the number of Indian companies using Singapore as an arbitration destination. About 21 per cent of the 114 international cases Singapore International Arbitration Centre (SIAC) saw in 2009 involved at least one Indian party," Singapore's Law Minister, K Shanmugam, said on the sidelines of a CII-organised conference here today.

"The numbers have doubled from 2008 -- from 12 cases to 24 cases and we expect a further surge in numbers as bilateral trade relations between the two countries have more than doubled in the recent past," he said.

India plans dam on River Chenab

Feb 22, http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/19-india-plans-dam-on-chenab-220-hh-02

ISLAMABAD: With Pakistan still undecided when to formally seek intervention of the International Court of Arbitration against controversial construction of Kishanganga hydropower project by India in violation of the 1960 Indus Waters Treaty, New Delhi has started preparations to build another big dam on River Chenab.

Guinean Government and UC RUSAL establish a commission to develop cooperation in Guinea

Feb 19, http://www.rusal.ru/en/news_details.aspx?id=6676

UC RUSAL, the world's largest aluminium and alumina producer, and the Government of Guinea have agreed to establish a joint high level commission aimed at providing a stable basis for long-term and mutually beneficial cooperation in the country.

The decision to establish this commission was reached during negotiations between the Guinean Government and RUSAL. Guinean Prime Minister Jean-Marie Dore and RUSAL's Head of Alumina Division Pavel Ovchinnikov took part in the negotiations. The parties confirmed their strategic partnership and underscored the need to continue the cooperation between RUSAL and Guinea.

The joint commission will be established and start working before 1 March 2010. See also http://www.kyivpost.com/news/russia/detail/60011/

In April 2009 Guinean President Moussa Camara ordered the Justice Ministry to open a case against RUSAL's purchase of Friguia in 2006. Camara said RUSAL paid $19 million for Friguia, although the complex had been independently valued at $257 million.

It was reported earlier that the new government of Guinea believes the privatization of Friguia was illegal. It commissioned an independent appraisal that found economic damages totaled $860 million.

Legal costs of arbitrations at CZK 1.608bn in 1999-2009

Feb 19, http://praguemonitor.com/2010/02/22/legal-costs-arbitrations-czk-1608bn-1999-2009

The Czech Finance Ministry costs of legal services associated with arbitration disputes in the years 1999-2009 reached Kc1.608bn, the Finance Ministry told CTK. In 2009 alone the costs totalled almost Kc110m, down from Kc228m a year earlier, the ministry said.

Nationalized firms resort to international arbitration (Venezuela)

Feb 18, http://english.eluniversal.com/2010/02/18/en_ing_esp_nationalized-firms-r_19A3445773.shtml

Interview with Carlos Henrique Blohm, Venamcham President. "A balance must be struck between the public and private sectors; it happened before in Venezuela and we must keep it" (Photo: Venancio Alcázares)

The Czech Republic facing 14 arbitration disputes worth over CZK 20bn

Feb 18, http://praguemonitor.com/2010/02/19/finmin-facing-14-arbitration-disputes-worth-over-czk-20bn

Prague - The Czech Republic is currently facing 14 arbitration disputes based on investment protection agreements, with damage claims reaching around Kc20bn, according to information CTK obtained from the Finance Ministry yesterday.

India-Latvia sign bilateral Investment Promotion and Protection Agreement

Feb 19, http://www.internationalnewsandviews.com/?p=8605

A Bilateral Investment Promotion & Protection Agreement (BIPA), between the Republic of India and Republic of Latvia, was signed here today, by Shri Anand Sharma, Union Minister of Commerce and Industry and Mr. Artis Kampars, Latvian Minister of Economics. The Agreement aims at enhancing Bilateral Investment and Technology flows between the two countries, by creating favourable conditions for investors. These include: (i) a mutually acceptable definition of 'investment'; (ii) national treatment to investments on a post-establishment basis; (iii) most favoured national treatment to investments and investors on a post-establishment basis; (iv) protection against expropriation, except for a public purpose and against payment of a fair & equitable compensation; and (v) full repatriability of investment and returns.

The Agreement provides for an elaborate dispute resolution mechanism to settle disputes relating to investments between an investor and the host Government. The dispute resolution mechanism includes recourse to negotiations, domestic dispute resolution mechanism and international arbitration.

India: Officials lose hope of wrapping up Doha round by 2010

Feb 14, http://www.business-standard.com/india/news/officials-lose-hopewrappingdoha-round-by-2010/385623/

Failure to close gaps in trade talks and minimal participation from the US have killed the prospects of meeting the 2010 deadline for closing the Doha round. according to Indian trade negotiators. They are also of the view that any failure to meet the deadline would put a question mark on the relevance of World Trade Organisation (WTO) as a global trade body.

PODCASTS

IDN 86 - "The End of Lawyers?" Author Richard Susskind on the Future of Legal Services, Part II

In the second of a two-part discussion, U.K. author Richard Susskind visits International Dispute Negotiation host Michael McIlwrath to discuss managing law firms and corporate law departments, technology, and the billable hour.

IDN 85 - "The End of Lawyers?" Richard Susskind on the Future of Legal Services, Part 1.

In the first of two parts, U.K. author Richard Susskind visits Mike McIlwrath and International Dispute Negotiation to discuss his unique view of systemic shifts in legal management.

IDN 84 - Plants, Beer, and Shamans to Avoid and Resolve Conflict

Host Mike McIlwrath's guest for International Dispute Negotiation #84 is Glenn H. Shepard Jr., a medical anthropologist, who studies healing customs and traditions around the world.

EVENTS

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

International Arbitration Summer Program: 1 - 18 June 2010

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

IV Düsseldorf International Arbitration School

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

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

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

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

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

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

Fifth Annual Lecture on International Commercial Arbitration: 11 November 2010

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

MOVES / JOBS

Kiyan Kaikobad to head team on Indo-Pak water dispute

Mar 7, http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=347191&version=1&template_id=41&parent_id=23

Islamabad has selected a UK-based lawyer, Kiyan Kaikobad, as its lead advocate to argue its case at international forums, in case issues related to the distribution of water between India and Pakistan cannot be settled through bilateral talks. Official sources say that Kaikobad is top on the list of names being considered by the government to replace James Crawford - whose services were discontinued a few months ago. Pakistan has already told India about its intention to move the International Court of Arbitration if New Delhi fails to address Islamabad's grievances over distribution under the Indus Water Treaty of 1960.

University of Dundee: Lecturer in Water Law, Closing Date: 26 Mar 2010

http://www.jobs.dundee.ac.uk/vacancies/20100326_00001-x.html

Applications are invited for a Lecturer in Water Law within the University of Dundee IHP-HELP Centre for Water Law, Policy and Science, under the auspices of UNESCO, part of the Graduate School of Natural Resources Law, Policy and Management -- the only UNESCO Centre in the UK, and the first of its kind in the world. The vision of the Centre is "Water for all", with the mission of building a new generation of local water leaders through the core activities of research and graduate teaching / executive training, under the innovative "Water Law, Water Leaders" programme.

The successful applicant will contribute actively to enhancing the Centre's reputation, impact and financial sustainability, in line with the Centre's vision, through first-class research and support for the Water Law, Water Leaders programme. We look for a lawyer who is a team-player, capable of working across disciplines, and keen to complement the Centre's existing water law expertise in national water law, through expertise in one or several of the following areas of law: water services regulation (public/private partnerships; economic regulation of water services; utilities); trade law (WTO, investment law; international dispute settlement, arbitration), agricultural law; corporate / commercial / administrative law relevant to water law reform; legal frameworks for good governance and stakeholder engagement especially in water services; water rights (water security, the human right to water; ecosystems services).

...

Linn Bergman promoted Deputy Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce

Mar 4, http://www.chamber.se/?id=23696&newsid=32199

The Arbitration Institute of the Stockholm Chamber of Commerce has promoted Linn Bergman to Deputy Secretary General. Linn Bergman has been Legal Counsel at the SCC since 2002 and has besides case management worked with knowledge management and larger projects such as the new rules on an Emergency Arbitrator.

- Linn has a genuine experience of arbitration practice and is well familiar with all details of the SCC practice. She has worked towards making the case management more effective and has contributed to shortening the turnaround times for arbitrations under the SCC Rules. I am delighted that she has accepted the promotion, says Ulf Franke, retiring Secretary General.

- I am very enthusiastic to be able to intensify the development of the SCC services and to strengthen Sweden as a preferred arbitration seat. My focus will be business development and quality analysis of our services and the work of the arbitrators. Enhancing SCCs visibility internationally is also a priority. The demand for fast and cost effective dispute resolution is increasing and I see a great potential for the SCC to further increase its case load and become a top choice for business opting for where and how to solve their disputes.

Linn Bergman takes office on 1 March 2010 and replaces Marie Öhrström who leaves the SCC after 9 years for the Swedish lawfirm Setterwalls.

Chadbourne & Parke Appoints Three Counsel and Two International Partners In New York and Mexico Offices

Mar 4, http://www.chadbourne.com/newsevents/NewsDetail.aspx?news=1403

The international law firm of Chadbourne & Parke LLP announced today the appointments of Jonathan C. Cross, Thomas N. Pieper and Francisco Vazquez as counsel in New York and the appointments of Clara Krivoy and Salvador Fonseca as international partners in Chadbourne & Parke, S.C., the firm's Mexico City partnership.

Howell-Richardson to join Independent Mediators

Feb 2010, http://www.themediatormagazine.co.uk/news/1-latest/88-howellrichardsonmoveto-im

Mediator and former chairman of the ADR Group, Phillip Howell-Richardson, is to join Independent Mediators on 1 March 2010, following a five-year stint at City law firm SJ Berwin. The move brings Independent Mediators' total to six mediators.

SA govt invites Peter Leon to join mining growth task team

Feb 23, http://www.miningweekly.com/article/govt-invites-peter-leon-to-join-mining-growth-task-team-2010-02-23

JOHANNESBURG - The South African government has invited mining law stalwart Peter Leon to be part of the mining industry's growth, development and employment task team (Migdett). Department of Mineral Resources DG Sandile Nogxina has invited Leon to participate as a regulatory and legal expert in Migdett's competitiveness body that will consider a wide spectrum of issues that affect the competitiveness and growth of South Africa's mining industry.

Neville Byford, Zoe Holland and Emma O'Kane join Eversheds

Feb 22, http://press.eversheds.com/Content/Detail.asp?ReleaseID=1549&NewsAreaID=2

International law firm Eversheds has hired partner Neville Byford and associates Zoe Holland and Emma O'Kane from US firm Morgan Lewis to join their International Litigation and Arbitration Team in London.

BOOKS

International Arbitration and Mediation: A Practical Guide

International Arbitration and Mediation: A Practical Guide

by Michael McIlwrath and John Savage
ISBN: 9789041126108
Publication date: February 2010 Hardcover, 528 pp.
USD price: $203.00

Optimising the outcome of disputes connected with international business forms the subject matter of this book. Rather than adopt an idealised approach of pursuing victories at any cost, the authors help parties predict the realistic consequences (and costs) of their decisions and provide a step-by-step guide to opportunities to influence the course of a dispute as it unfolds in its various stages. They discuss techniques for productively resolving disputes through negotiation, mediation, and arbitration, frequently illustrating critical steps through real-world examples drawn from past experiences.

The book is intended as an easily accessible desktop resource for lawyers who regularly counsel businesses when negotiating international deals, and for those who represent the same clients in achieving a successful resolution when disputes emerge.

The text is divided into chapters that follow the life cycle of an international commercial dispute as seen through the eyes of the parties, from when they agree how to resolve disputes in their contracts to the endgame of enforcement. Additionally, the appendices include a number of model submissions for further reference. The practical guidance includes:

A chapter from this book is published on TDM, a book review will follow.

ICSID

Award: Ron Fuchs v. Georgia (ICSID Case No. ARB/07/15)

Outcome of Proceeding: Award rendered on March 3, 2010.

New: Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud v. Democratic Republic of the Congo (ICSID Case No. ARB/10/4)

Subject Matter: Trading compnay. Registered March 04, 2010. Tribunal not yet constituted.

Joseph C. Lemire v. Ukraine (ICSID Case No. ARB/06/18)

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the procedural calendar on March 4, 2010)

Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9)

Status of Proceeding: Pending (the Argentine Republic files a counter-memorial on annulment with regard to the application for annulment submitted by Continental Casualty Company on March 3, 2010)

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

Tribunal issues a decision on provisional measures on March 3, 2010

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

Status of Proceeding: Pending (the Tribunal issues a decision on provisional measures on February 26, 2010)

Ioan Micula, Viorel Micula and others v. Romania (ICSID Case No. ARB/05/20)

Status of Proceeding: Pending (the Tribunal issues a procedural order concerning confidentiality on March 3, 2010)

International Company for Railway Systems (ICRS) v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/09/13)

Status of Proceeding: Pending (the Tribunal holds a first session in Paris on February 26, 2010)

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

Status of Proceeding: Pending (the Tribunal holds a telephone conference with the parties concerning various procedural matters on February 3, 2010)

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

Status of Proceeding: Pending (the parties file requests for production of documents on February 26, 2010)

Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/09/2)

Status of Proceeding: Pending (the Claimant files a reply to the Respondent's response of January 26, 2010, on February 9, 2010) Status of Proceeding: Pending (the Tribunal issues a procedural order concerning the Respondent's request to join the objections to jurisdiction to the merits on February 25, 2010)

Alpha Projektholding GmbH v. Ukraine (ICSID Case No. ARB/07/16)

Status of Proceeding: Pending (the Respondent files a response to the Claimant's observations on the proposal for disqualification on February 19, 2010)

M. Meerapfel Söhne AG v. Central African Republic (ICSID Case No. ARB/07/10)

Status of Proceeding: Pending (the Respondent files post-hearing briefs on February 13, 2010)

RSM Production Corporation v. Central African Republic (ICSID Case No. ARB/07/2)

Status of Proceeding: Pending (the Respondent files a rejoinder on jurisdiction and the merits on January 25, 2010) Status of Proceeding: Pending (the Tribunal holds a hearing on jurisdiction and the merits in Paris on February 24-26, 2010)

SGS Société Générale de Surveillance S.A. v. Republic of Paraguay (ICSID Case No. ARB/07/29)

Status of Proceeding: Pending (the Tribunal issues a decision on jurisdiction on February 12, 2010)

Alpha Projektholding GmbH v. Ukraine (ICSID Case No. ARB/07/16)

Status of Proceeding: Pending (the Claimant files observations on the proposal for disqualification on February 18, 2010)

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

Status of Proceeding: Pending (the Claimant files a response to the Respondent's observations of February 15, 2010 on February 16, 2010)

GEA Group Aktiengesellschaft v. Ukraine (ICSID Case No. ARB/08/16)

Status of Proceeding: Pending (each party files a response to the other party's observations of February 5, 2010 on February 12, 2010) Status of Proceeding: Pending (the Tribunal issues a procedural order concerning production of documents on February 19, 2010) Status of Proceeding: Pending (the Tribunal issues a procedural order clarifying its procedural order of February 17, 2010 on February 24, 2010)

Perenco Ecuador Limited v. Republic of Ecuador and Empresa Estatal Petróleos del Ecuador (Petroecuador) (ICSID Case No. ARB/08/6)

Status of Proceeding: Pending (following the resignation of Thomas Bingham, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2) on February 17, 2010)

Electrabel S.A. v. Republic of Hungary (ICSID Case No. ARB/07/19)

Status of Proceeding: Pending (the Tribunal holds a hearing on the merits in Washington, D.C. on February 9-17, 2010)

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

Status of Proceeding: Pending (the Respondent files a response to the Claimant's observations on the request for production of documents on February 15, 2010)