Transnational Dispute Management - TDM News Digest - The Network for International Arbitration, Mediation and ADR, International Investment Law and Transnational Dispute Management

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issue #05, week 18. 03 May 2011
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM

TDM Recently published

• Insurance for International Arbitrators: Immunity From Liability, Existent Coverage, Exclusions and Control of Risk
• The Standard of Interpretation Applicable to Consent and its Revocation in Investment Arbitration
• Consent to ICSID Arbitration: Recent Conventional and Arbitral Practice
• The Enforcement of ICSID Awards Before Argentine Courts
• Take the Witness: Cross-Examination in International Arbitration (L.W. Newman, B.H. Sheppard Jr. eds.) - Book review

See https://www.transnational-dispute-management.com/journal-advance-publication.asp

Young-OGEMID virtual symposia

Young-OGEMID is a free listserv associated with our Transnational Dispute Management law journal for Students and (junior) Associates - you can apply for your free membership here: www.transnational-dispute-management.com/young-ogemid/

Call for contributions

• Special Issue on Project Finance in International Arbitration
  Editors: Seabron Adamson and Tiago Duarte-Silva
• Special Issue on International Arbitration and the Space Industry
  Editors: Alexandra van der Meulen, Kate Gough, Joshua Kelly, Annie Pan, Veronika Timofeeva
• Special Issue on Dispute Prevention in ISDS: Comparative Approaches, Institutional Innovations, and Digital Tools
  Editors: Dr. Yulia Levashova, Agata Zwolankiewicz, Dr. Pascale Accaoui Lorfing, Kiran Nasir Gore
• Special Issue on One Century of Arbitration in the United States: The Federal Arbitration Act at Home and Abroad
  Editors: Björn Arp and Kiran Nasir Gore
• Special Issue on Sanctions and International Arbitration: Impact on Substantive and Procedural Issues
  Editors: Ali Burney, Rinat Gareev, Kiran Nasir Gore, Prof. Joel Slawotsky, May Tai
• Call for Papers: TDM Law Journal 2026
  TDM Editorial Team

Recent issues:

• TDM 5 (2018) - Strategic Considerations in Energy Disputes
• TDM 6 (2018) - FDI Moot 2018
• TDM 5 (2018) - Regular issue
• TDM 4 (2018) - Time and Cost Issues in International Arbitration
• TDM 3 (2018) - Sir Elihu Lauterpacht QC
• TDM 2 (2018) - International Commercial and Investment Disputes in and with India
• TDM 1 (2018) - Regular issue
• TDM 5 (2017) - FDI Moot 2017
• TDM 4 (2017) - Comparative and International Perspectives on Mediation in Insolvency Matters
• TDM 3 (2017) - One Belt One Road (OBOR)
• TDM 2 (2017) - Non-Legal Adjudicators in National and International Disputes
• TDM 1 (2017) - Regular issue
• TDM 6 (2016) - FDI Moot 2016
• TDM 5 (2016) - Latin America (vol. 2)
• TDM 4 (2016) - Africa
• TDM 3 (2016) - Three Centuries of Arbitration for Peace
• TDM 2 (2016) - Latin America
• TDM 1 (2016) - CETA
• TDM 7 (2015) - FDI Moot 2015
• TDM 6 (2015) - Regular issue
• TDM 5 (2015) - Yukos Special - OGEL 5 (2015) - Yukos Special
• TDM 4 (2015) - ArbitralWomen/TDM: Dealing with Diversity in International Arbitration
• TDM 3 (2015) - Renewable Energy Disputes - OGEL 3 (2015) - Renewable Energy Disputes
• TDM 2 (2015) - Arbitration in the Middle East: Expectations and Challenges for the Future
• TDM 1 (2015) - The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century
• TDM 6 (2014) - Dispute Resolution from a Corporate Perspective
• TDM 5 (2014) - FDI Moot 2014
• TDM 4 (2014) - CILS - 8th Biennial Symposium on International Arbitration and Dispute Resolution
• TDM 3 (2014) - Regular issue
• TDM 2 (2014) - The New Frontiers of Cultural Law: Intangible Heritage Disputes
• TDM 1 (2014) - Reform of Investor-State Dispute Settlement: In Search of a Roadmap
• TDM 6 (2013) - FDI Moot 2013
• TDM 5 (2013) - Art and Heritage Disputes in International and Comparative Law
• TDM 4 (2013) - Ten Years of Transnational Dispute Management
• TDM 3 (2013) - Corruption and Arbitration
• TDM 2 (2013) - EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges
• TDM 1 (2013) - Aligning Human Rights and Investment Protection
• TDM 5 (2012) - Legal Issues in Tobacco Control
• A Liber Amicorum: Thomas Wälde - Law Beyond Conventional Thought
• TDM 5 (2011) - Resolving International Business Disputes by ADR in Asia
• TDM 4 (2011) - Contingent Fees and Third Party Funding in Investment Arbitration Disputes
• TDM 3 (2011) - Intersections: Dissemblance or Convergence between International Trade and Investment Law

NEWS

Israel: ICC to assist the development of an arbitration centre in Jerusalem

May 2, http://www.iccwbo.org/index.html?id=42979

The first steps towards the development of a Jerusalem Arbitration Centre (JAC) for the resolution of commercial disputes between parties in Israel and Palestine were agreed today in a Memorandum of Understanding (MOU) signed by the International Chamber of Commerce, ICC Palestine and ICC Israel.

The MOU sets out a number of conditions to be met by the two ICC regional representatives, including confirmation of adequate neutral funding, in order for the JAC to be established. If these conditions are met, ICC and its International Court of Arbitration will provide training and advice to support the development and operations of the JAC.

"ICC's mission to help ensure peace and prosperity through trade is especially relevant in this region," said ICC Secretary General Jean-Guy Carrier. "The signing of this agreement is a first step in developing a means of resolving business disputes between parties in Israel and Palestine before a neutral forum. The long experience and expertise of the ICC International Court of Arbitration will help ensure the ultimate success of the JAC."

The development of the JAC, including training of staff, selection of arbitrators, and drafting of arbitration rules is expected to take over one year. At the end of the development phase of the JAC, it will function as an independent, specialized arbitration institution tailored to Israeli-Palestinian commercial disputes and their unique circumstances.

"The ICC International Court of Arbitration is pleased to offer its support and the benefit of its long experience to the JAC project," said John Beechey, Chairman of the ICC International Court of Arbitration. "The signature of this MOU is a signal of ICC's intent and a first step towards the establishment of an arbitral institution to which users can turn with confidence as a truly independent and neutral forum for the resolution of Palestinian-Israeli business disputes."

SCC: Court grants production of trade secrets

Mar 22, http://www.sccinstitute.com/?id=23696&newsid=39535

In a recent decision from the Svea Court Appeal, the Court decided to grant an application to produce documents containing trade secrets after balancing the interests of the parties. The conclusion was drawn after considering the trade secret's evidentiary and economical value, and how likely it is that a disclosure will cause significant harm.

Under Section 26 of the Swedish Arbitration Act, a party may, after obtaining consent from the arbitrators, submit an application to the court for an order on production of documents from a party or other person. The arbitrators shall consent to the application if the measure deemed to be justified. The court shall grant the application if there are no legal barriers to do so. When an application concerns the production of trade secrets, the application shall only be granted if exceptional circumstances are found in support of disclosure (Chapter 36, Section 6 of the Swedish Code of Procedure).

Original judgment: http://www.sccinstitute.com/filearchive/3/39537/Svea%20Hovr%C3%A4tt_%C3%968181_10.pdf

English version (Office translation by Vinge): http://www.sccinstitute.com/filearchive/3/39543/Svea%20Court%20of%20Appeal%20%C3%96%208181_10_translation.pdf

PCA Open Day for Member States

Apr 14, http://www.pca-cpa.org/shownews.asp?ac=view&nws_id=309&pag_id=1261

The PCA invited its Member States to take part in the PCA's first Open Day on April 14, 2011. After the Secretary-General's welcome note, members of the PCA's International Bureau gave presentations about the PCA's history, the structure of the International Bureau and its day-to-day work. During the coffee break, the representatives of the Member States met with the International Bureau's staff. The presentations were followed by a tour of the Peace Palace.

Algeria: Government admits policy problem for FDI

Apr 4, http://www.lesafriques.com/en/algeria/algeria-government-admits-policy-problem-for-fdi.html?Itemid=35?articleid=0387§ionid=&releasecatid=&countrytitle=

Foreign companies remain reluctant to invest in Algeria. The government, at long last, has admitted that its tax policies might have something to do with that.

American Businessman Takes First Step Toward Filing First Ever Investment Arbitration Claim Under U.S.-Oman Free Trade Agreement

Apr 21, http://www.crowell.com/NewsEvents/PressReleasesAnnouncements/1356545

Press release - Washington, D.C. - An American businessman whose massive limestone quarry in Oman was expropriated by that country's government has taken the first step towards initiating the first-ever investment arbitration under the United States-Oman Free Trade Agreement (FTA). Boston real estate entrepreneur Adel A Hamadi Al Tamimi has served Oman with a notice of intent (NOI) to submit claims to arbitration. If the parties are unable to resolve their differences in the next 90 days, Mr. Al Tamimi may submit to arbitration claims that Oman has breached obligations under the FTA, and that he is entitled to at least US$500 million in compensation for harm arising from Oman's breaches. Mr. Al Tamimi is being represented by international law firm Crowell & Moring LLP.

The claims against Oman stem from the government's frustration of the terms of two 25-year lease agreements entered into by its state-owned enterprise, Oman Mining Company LLC (OMCO), and two of Mr. Tamimi's companies, Emrock and SFOH (the Companies) in 2006. These lease agreements provided the Companies with the unrestricted rights to mine limestone deposits in the Buraimi region of Oman near the United Arab Emirates-Oman border. Limestone from the Emrock and SFOH quarry was intended to support major projects, such as the world-famous artificial Palm Islands then being established in neighboring United Arab Emirates by the developer Nakheel Properties.

OMCO agreed to lease land to the Companies for the unrestricted limestone mining concessions it held in the region. OMCO was required under the agreements to obtain the necessary permits. However, OMCO failed to do so. Despite this failure, from January to August 2007, OMCO and the Omani Ministry of Commerce gave numerous assurances to the Companies that the requisite permits had been obtained and instructed the Companies to commence mining operations in September 2007.

Shortly thereafter, the Omani Environmental Ministry began to make formal complaints to OMCO, as the holder of the mining concession, about the scope of the Companies' mining operations. Disagreements between OMCO and the Ministry of Commerce, on the one hand, and the Ministry of the Environment, on the other, soon led to government interference in the Companies' operation of the quarry. Interference in the operations and harassment of the Companies continued into 2009, after the FTA entered into force. The harassment culminated in the confiscation of mining facilities by Royal Omani police and the arrest of Mr. Al Tamimi in May 2009 on charges of theft of rocks and sand and violations of environmental regulations. Despite Mr. Al Tamimi's eventual acquittal on all charges in June 2010, irreparable damage to his investment already had been done. The mining operations were forcibly shut down, equipment confiscated and sold to competitors, and employees dispersed.

Mr. Al Tamimi's claims were brought to the attention of senior Omani officials in December 2010 in an attempt to resolve differences without the need to pursue formal arbitration. To date, however, that effort has not yielded any results. Given the inability to resolve the parties' differences through informal means, Mr. Al Tamimi has started the process of availing himself of the right afforded to foreign investors under the FTA to pursue his claims through international arbitration. The FTA requires the United States and Oman each to afford certain protections to investors of the other. These include protections against unlawful expropriation, nationality-based discrimination, and unfair and inequitable treatment. The FTA also establishes an arbitration mechanism that investors may use to enforce their rights. In the present case, in the event the NOI does not lead to negotiation of an amicable settlement in the next 90 days, Mr. Al Tamimi expects to submit his claims to arbitration under the auspices of the International Centre for the Settlement of Investment Disputes, as provided for in the FTA.

"It is regrettable that Oman has thus far been unwilling to provide reasonable compensation to Mr. Al Tamimi via negotiation and that we are now forced to pursue his rights as an American investor under international law by taking the first step towards arbitration," said Mr. Al Tamimi's counsel, Arif Hyder Ali, the head of Crowell & Moring's International Arbitration Group, "We look forward to Mr. Al Tamimi being fully compensated for the damages he has suffered as a result of Oman's actions."

Editor's Notes:

About Adel A Hamadi Al Tamimi

Mr. Al Tamimi is a successful real estate developer and businessman who is the Chairman and General Manager of Emrock Aggregate & Mining, LLC and SFOH Limited. Born of a prominent family in the Arabian Gulf region, Mr. Al Tamimi became a naturalized citizen of the United States in 1986. Since that time, he has become a respected member of the New England business community. He operates principally in Boston, Massachusetts and Dubai, United Arab Emirates.American Businessman Takes First Step Toward Filing First Ever Investment Arbitration Claim Under U.S.-Oman Free Trade Agreement

Aussie at the helm as arbitration takes off

Apr 08, http://www.theaustralian.com.au/business/legal-affairs/aussie-at-the-helm-as-arbitration-takes-off/story-e6frg97x-1226035635455

TWO years ago, leading Australian lawyer Michael Pryles took control of the organisation in Singapore that is widely seen as this country's great rival in the world of arbitration.

...

"But not from Australian firms -- or rarely from Australian firms," he told The Australian. "They tend to go for retired judges, a number of whom have no knowledge or experience of international arbitration -- which is very different to domestic arbitration."

Australia: ATO wins case against BHP, Esso

Apr 14, http://www.businessspectator.com.au/bs.nsf/Article/BHP-Esso-facing-massive-tax-bill-report-pd20110414-FVSTB?OpenDocument&src=hp7

BHP Billiton Ltd and ExxonMobil subsidiary Esso have lost a dispute with the Australian Tax Office (ATO) over payments made under the Petroleum Resource Rent Tax (PRRT), according to media reports.

Austrialia: Gillard Government Trade Policy Statement: Trading our way to more jobs and prosperity

Apr 12, http://www.dfat.gov.au/publications/trade/trading-our-way-to-more-jobs-and-prosperity.pdf

INVESTOR-STATE DISPUTE RESOLUTION

Some countries have sought to insert investor-state dispute resolution clauses into trade agreements. Typically these clauses empower businesses from one country to take international legal action against the government of another country for alleged breaches of the agreement, such as for policies that allegedly discriminate against those businesses and in favour of the country's domestic businesses.

The Gillard Government supports the principle of national treatment - that foreign and domestic businesses are treated equally under the law. However, the Government does not support provisions that would confer greater legal rights on foreign businesses than those available to domestic businesses. Nor will the Government support provisions that would constrain the ability of Australian governments to make laws on social, environmental and economic matters in circumstances where those laws do not discriminate between domestic and foreign businesses. The Government has not and will not accept provisions that limit its capacity to put health warnings or plain packaging requirements on tobacco products or its ability to continue the Pharmaceutical Benefits Scheme.

In the past, Australian Governments have sought the inclusion of investor-state dispute resolution procedures in trade agreements with developing countries at the behest of Australian businesses. The Gillard Government will discontinue this practice. If Australian businesses are concerned about sovereign risk in Australian trading partner countries, they will need to make their own assessments about whether they want to commit to investing in those countries.

Bangladesh: Bangladesh International Arbitration Centre (BIAC) launched

Apr 9, http://www.thefinancialexpress-bd.com/more.php?news_id=132024&date=2011-04-09

The International Chamber of Commerce, Bangladesh (ICC-B) has taken the lead role in setting up of the BIAC. The Dhaka Chamber of Commerce & Industry (DCCI) and the Metropolitan Chamber of Commerce & Industry (MCCI) are also in collaboration with ICC-B for establishment of the BIAC as a not-for profit organization.

Bolivia: Pan American seeks answers from Bolivia

Apr 14, http://www.miningweekly.com/article/pan-american-seeks-answers-from-bolivia-over-expropriation-reports-2011-04-14

miningweekly.com - Vancouver-based Pan American Silver is trying to get answers from Bolivian officials, after reports that the government may rescind control of privately-held mining concessions.

Brazil: Foley Hoag Wins Second Circuit Appeal for Client UEG Araucária Ltda.

Apr 25, http://www.businesswire.com/news/home/20110425006090/en/Foley-Hoag-Wins-Circuit-Appeal-Client-UEG

Foley Hoag today announced it has won a Second Circuit appeal for client UEG Araucária Ltda (UEGA), a gas turbine power plant operator in Brazil, preserving the clients' claims against Bechtel for construction defects.

...

"While this is a very significant win for our client UEGA, the decision is also important because it makes it more difficult for parties to end-run ICC arbitrations in favor of a judicial forum," said Foley Hoag partner Jeffrey S. Follett. "The Second Circuit's arbitration jurisprudence is particularly important to international clients, who often choose New York law to govern their development projects, regardless of where those projects are located. Obviously, we are very happy with this outcome for our client UEGA."

Bulgaria: Belene Arbitration Is Possible [nuclear power plant]

Apr 6, http://www.themoscowtimes.com/business/article/belene-arbitration-is-possible/434647.html

Bulgaria must agree by June 1 to go ahead with building a nuclear power plant at Belene or face arbitration with the contractor, Russia's Atomstroiexport, Bulgarian Prime Minister Boyko Borissov said Wednesday.

Cambodia-Thailand: Request for interpretation of the Judgment rendered by the Court on 15 June 1962 in the case concerning the Temple of Preah Vihear (Cambodia v. Thailand)

May 2, http://www.icj-cij.org/docket/index.php?p1=3&p2=3&case=151

Cambodia files an Application requesting interpretation of the Judgment rendered by the Court on 15 June 1962 in the case concerning the Temple of Preah Vihear (Cambodia v. Thailand) and also asks for the urgent indication of provisional measures

THE HAGUE, 2 May 2011. On 28 April, the Kingdom of Cambodia filed an Application requesting interpretation of the Judgment rendered on 15 June 1962 by the International Court of Justice (ICJ) in the case concerning the Temple of Preah Vihear (Cambodia v. Thailand). The filing of such an application gives rise to the opening of a new case. Together with that Application, Cambodia submitted an urgent request for the indication of provisional measures. The latter opens incidental proceedings within the new case.

Canada: Agreement Resolves Abitibi's Expropriation Issues

Apr 12, http://www.vocm.com/newsarticle.asp?mn=2&id=13834&latest=1

The government has resolved more outstanding issues related to the expropriation of AbitibiBowater in central Newfoundland.

Canada: Arbitration Contestation and Counterclaim filed by Nearctic Nickel Mines Inc.

Apr 7, http://news.morningstar.com/all/canada-news-wire/20110407C2226/arbitration-contestation-and-counterclaim-filed-by-nearctic-nickel-mines-inc.aspx

Nearctic Nickel Mines Inc., advises that in response to Canadian Royalties Inc.'s Statement of Claim in the Arbitration, attached to the Company's Material Change Report filed on Sedar March 8, 2011, it has filed a Contestation and Counterclaim.

Canada: Trade Justice Network releases "October Draft" of CETA

Apr 14, http://canadianawareness.org/2011/04/trade-justice-network-releases-%E2%80%9Coctober-draft%E2%80%9D-of-ceta/

INVESTMENT TRUMPS PUBLIC POLICY

According to Gus Van Harten at Osgoode Hall Law School and David Schneiderman, professor of law at the University of Toronto, in an voluntary review of CETA's investment chapter for the Trade Justice Network:

The text replicates a typical model of international investment law that emphasizes investor protection over government policy space in areas such as financial regulation, economic development, public-private partnerships, and health and environmental protection... This raises general concerns about the implications of CETA for democratic choice, policy-making flexibility, and judicial independence in Canada and Europe. The model provides powerful mechanisms for large firms to frustrate regulatory initiatives without a comparable mechanism by which to regulate investors for failures to comply with domestic or international law.

...

Van Harten and Schneiderman continue:

From a Canadian perspective, it is troubling that the text omits exceptions contained in Canada's Model Foreign Investment Protection Agreement for measures necessary to ensure financial stability, protect human health, and conserve natural resources. General exceptions for existing non-conforming measures of provincial governments, as contained in NAFTA, also appear absent. Overall, the text goes beyond NAFTA in its extension of privileges to foreign investors and fails to address a number of flaws of the NAFTA investment regime.

China: Lord Rothschild's RIT fund aimed at Chinese investors

Mar 31, http://www.telegraph.co.uk/finance/newsbysector/banksandfinance/privateequity/8419696/Lord-Rothschilds-RIT-fund-aimed-at-Chinese-investors.html

Financier Jacob Rothschild has launched a $750m (£467m) private equity fund that will allow private Chinese investors to invest in international deals for the first time.

Czech Republic: First two foreign solar investors launch arbitration

Apr 5, http://www.ceskapozice.cz/en/business/energy-green-biz/first-two-foreign-solar-investors-launch-arbitration

Voltaic Network and Radiance Energy Holding have informed Czech officials they're taking legal action over the 'solar tax'

Denmark: Bavarian Nordic wins arbitration case against Helmholtz Zentrum München

Apr 20, http://www.bavarian-nordic.com/investor/announcements/2011-09.aspx

Bavarian Nordic A/S announced today that the ICC International Court of Arbitration rendered its decision in the arbitration that has been pending against Helmholtz Zentrum München, Deutsches Forschungszentrum für Gesundheit und Umwelt GmbH (formerly also known as GSF).

The tribunal found Helmholtz Zentrum München's claims of rights to royalties on Bavarian Nordic's MVA-BN® based vaccines, including IMVAMUNE®, to be baseless on all grounds.

The decision clarifies that Helmholtz Zentrum München has not contributed in any way to the creation of the MVA-BN® technology and the invention behind the MVA-BN® patents. Consequently, the tribunal found that the MVA-BN® technology has been created solely by Bavarian Nordic and Helmholtz Zentrum München could not justify any right to royalties on Bavarian Nordic's MVA-BN® based vaccines, including IMVAMUNE®.

The tribunal further ordered that Bavarian Nordic's attorney fees be reimbursed.

The arbitration request has been pending since August 2009 and was based on two old agreements with Bavarian Nordic from 1994 and 1997 regarding a collaboration on certain recombinant vaccines, which was formally terminated in 2001.

Anders Hedegaard, President & CEO of Bavarian Nordic said: "We have again successfully defended our right to the MVA-BN® patents. The outcome in this case underscores our unique position in the MVA field based on the MVA-BN® patents and we are very pleased to leave this conflict behind us."

Dubai: DIFC Courts and Dubai Courts achieve new arbitration enforcement landmark

Mar 28, http://www.ameinfo.com/260586.html

In a landmark development of judicial cooperation the Joint Committee of the Dubai Courts-DIFC Courts ('Joint Committee') announce that the Dubai Courts have recent approved the execution of a DIFC-LCIA arbitration award that was recognised and ratified by the DIFC Courts under Article 43 of the DIFC Arbitration Law (Law No. 1 of 2008).

Ecuador: Chevron press release: New Evidence of Fraud Found in Text of Ecuador Judgment

Apr 21, http://www.chevron.com/chevron/pressreleases/article/04212011_newevidenceoffraudfoundintextofecuadorjudgment.news

Company submits new evidence of misconduct by plaintiffs' lawyers and Ecuadorian court in U.S. suit seeking to block enforcement and recognition of fraudulent judgment

Egypt: Corruption inquiry focus on Egyptian gas contract

Apr 26, http://www.thenational.ae/featured-content/channel-page/business/energy/corruption-inquiry-focus-on-egyptian-gas-contract

Egyptian gas supplies to Israel have become the focus of a wide-ranging corruption investigation into the dealings of Hosni Mubarak, the former Egyptian president, and key associates. The Egyptian public prosecutor this week ordered Mr Mubarak to be detained for a further 15 days to allow time for him to be questioned about a controversial contract to export gas to Israel.

Egypt: Orascom Telecom chairman delays arbitration on Djezzy

Apr 4, http://www.cnbc.com/id/42410466

Reuters - The chairman of Egyptian telecoms firm Orascom Telecom (OT) has delayed seeking international arbitration in a dispute with Algeria's government over the fate of its Djezzy unit, newspaper Al Mal reported.

EU-Colombia-Peru: Highlights of the Trade Agreement between Colombia, Peru and the European Union

Apr 14, http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/11/243&format=HTML&aged=0&language=EN&guiLanguage=en

The European Commission has finalised the legal review of the Trade Agreement with Colombia and Peru. Once endorsed, this agreement would open up markets on both sides and increase the stability of this trade relationship that was worth €16 billion in bilateral trade in goods in 2010. The agreement includes far-reaching measures on the protection of human rights and the rule of law, as well as commitments to effectively implement international conventions on labour rights and environmental protection. The key elements of this agreement are outlined in this Memo.

1. Substantially improved market access for EU exports to Colombia and Peru
2. Common rules to level the playing field

...

Dispute settlement

The Trade Agreement between the EU, Colombia and Peru includes an efficient and streamlined dispute settlement system in accordance with the principles that the EU considers to be most important such as transparency (open hearings and amicus curiae briefs) and sequencing (no right to impose retaliation until such time as non-compliance is verified). In addition, the Agreement includes a mediation mechanism for non-tariff barriers to trade in goods allowing for more conciliatory and expeditious solutions to emerge.

3 - An Agreement for Sustainable Development

Text of the Agreements http://trade.ec.europa.eu/doclib/press/index.cfm?id=691

More details on the benefits of the Trade Agreement http://trade.ec.europa.eu/doclib/press/index.cfm?id=698

On EU-ANDEAN trade relations http://ec.europa.eu/trade/creating-opportunities/bilateral-relations/regions/andean/

France: Siemens, Areva end nuclear JV, legal spat goes on

Apr 11, http://www.reuters.com/article/2011/04/11/siemens-areva-idUSLDE73A0Z520110411

Reuters - Engineering group Siemens and France's Areva have ended their nuclear joint venture, though the breakdown of their relationship has still to work its way through the courts. ... An arbitration court and the European Commission have yet to make rulings on the issue.

France: The new French arbitration law in force

May 1, http://www.iccwbo.org/court/arbitration/index.html?id=42987

On 1st May 2011, the French Decree No. 2011-48 of 13 January 2011 entered into force. This text that regulates both domestic and international arbitration is incorporated in the French Code of Civil Procedure. The clarity and modernity of the text is unanimously welcomed by the French arbitration community as representing a useful step forward.

In 2010, France was chosen as the place of arbitration in 124 ICC arbitration cases.

Link to the official version of the French Decree: http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=57F0C817EE1B4FBA2447F81BEA8946F8.tpdjo02v_3?cidTexte=JORFTEXT000023417517&dateTexte=&oldAction=rechJO&categorieLien=id

Georgia: Israeli Entrepreneurs Sentenced to Prison for Alleged Bribery

Apr 1, http://www.eurasianet.org/node/63208

A ruling against two Israeli businessmen in a controversial bribery case is again raising questions about the independence of courts in Georgia.

Georgia: Israeli Hostage Rony Fuchs Will Appeal Conviction by Georgia to European Court of Human Rights, says Jailed Man's Lawyer, Archil Kbilashvili

Apr 1, http://www.finanznachrichten.de/nachrichten-2011-04/19821444-israeli-hostage-rony-fuchs-will-appeal-conviction-by-georgia-to-european-court-of-human-rights-says-jailed-man-s-lawyer-archil-kbilashvili-008.htm

Israeli Hostage Rony Fuchs Will Appeal Conviction by Georgia to European Court of Human Rights, says Jailed Man's Lawyer, Archil Kbilashvili

As predicted by lawyers representing Rony Fuchs, the Israeli businessman victimized by a sting operation authorized by officials operating at the highest level of the Georgian government, a Georgian court today found Fuchs "guilty" and sentenced him to 7 years in prison on "bribery" charges. Fuchs has been held in a Tbilisi jail since October, after being lured to the country by a phony invitation from the Prime Minister. Since that time, Georgia has steadfastly insisted that Fuchs forfeit a $100 million judgment awarded against Georgia by a blue-ribbon international arbitration panel as the condition for his release.

Germany: RWE CEO: Arbitration Of Gas Deals Initiated For Most Contracts

Apr 20, http://www.foxbusiness.com/markets/2011/04/20/rwe-ceo-arbitration-gas-deals-initiated-contracts/

Dow Jones - Utility RWE AG said Wednesday it has initiated arbitration procedures for most of its natural gas supply deals with producers as negotiations to adjust commercial terms have failed.

India: UK Govt bats for Cairn, opposes preconditions for Vedanta deal

Apr 24, http://economictimes.indiatimes.com/news/news-by-industry/indl-goods-/-svs/metals-mining/uk-govt-bats-for-cairn-opposes-preconditions-for-vedanta-deal/articleshow/8070851.cms

NEW DELHI: Giving a new twist to the Cairn- Vedanta deal, the UK has opposed the Indian government's move to put conditions for clearing mining group Vedanta's acquisition of Cairn India, saying that such a decision will kill the USD 9.6 billion transaction.

India: Vedanta takeover of Cairn India takes step

Apr 7, http://www.ogj.com/index/article-display/1918431852/articles/oil-gas-journal/general-interest-2/companies/20100/april-2011/vedanta-takeover_of.html

Vedanta Resources PLC, London, has received approval by India's securities regulator to start an open offer for up to 20% of Cairn India, for which it has a conditional agreement to buy a majority stake for up to $9.6 billion (OGJ, Aug. 23, 2010, p. 26).

Indonesia: Tussle over Lucrative Mine

Mar 29, http://www.thejakartaglobe.com/home/tussle-in-indonesia-over-lucrative-mine/432260

An Indonesian regency has threatened to shut down one of the world's biggest gold and copper mines in a share dispute with the central government, with a foreign investor caught in the middle. The Batu Hijau mine in West Sumbawa regency - on Sumbawa island east of Bali - is majority-controlled by United States mining giant Newmont through its Indonesian unit Newmont Nusa Tenggara (NNT).

Iran: Crescent denies gas agreement with Iran

Apr 12, http://www.tehrantimes.com/index_View.asp?code=238471

The general manager of the Crescent Petroleum Company in Tehran denied reports about reaching an agreement with Iran on exporting natural gas to the United Arab Emirates.

Iran: Dana Gas expects to win arbitration over Iran gas

Par 20, http://www.zawya.com/story.cfm/sidZAWYA20110421031616/Dana_Gas_Expects_To_Win_Arbitration_Over_Iran_Gas

Dana Gas is expected to win an arbitration ruling asking Iran to start pumping natural gas into its facilities in Sharjah after a delay of nearly 10 years because of a row on pricing, its chief was reported on Wednesday as saying.

Iraq: Southern Iraq's al-Ahdab OIl Field's investment law abolished

Mar 28, http://www.zawya.com/story.cfm/sidZAWYA20110329053141

BAGHDAD: The Iraqi Parliament has abolished the law governing an investment in southern Iraq's al-Ahdab Oil Field, signed during the former Baath regime, in response to a request by the Oil Ministry, its official spokesman said on Monday.

Iraqi Parliament vote to amend oil investment law

Apr 27, http://www.zawya.com/story.cfm/sidZAWYA20110428064515

Baghdad - The Iraqi parliament raised its 58 session on Thursday after voting to amend the investment law of the crude oil liquidation and ended the first reading of the six laws.

Ireland: Oil giant Rosneft's Irish assets were frozen, accounts reveal

Apr 18, http://www.irishtimes.com/newspaper/finance/2011/0418/1224294910385.html

ASSETS OF a Dublin subsidiary of Russian state-controlled oil conglomerate Rosneft were frozen by the courts in Ireland, England and Jersey last year as part of a dispute with Russian resources company Yukos, according to accounts just filed.

Israeli's Family Appeals Georgian Bribe Sentence

Apr 25, http://www.themoscowtimes.com/news/article/israelis-family-appeals-georgian-bribe-sentence/435641.html

The family of Israeli oil trader Rony Fuchs, who was sentenced earlier this month to seven years in a Georgian prison for bribing government officials, asked President Mikheil Saakashvili to set him free.

Kazakhstan hopes to settle Karachaganak disputes by June, says minister

Apr 22, http://centralasianewswire.com/Kazakhstan/Kazakhstan-hopes-to-settle-Karachaganak-disputes-by-June-says-minister/viewstory.aspx?id=3895

Kazakhstan hopes to settle by June its long-standing disputes with the foreign-led energy consortium that operates the giant Karachaganak energy field, a top Kazakh official said on Thursday.

Mexico: MAG Silver Corp.: Minera Juanicipio arbitration expected to be issued by April 30, 2011

Mar 31, http://www.magsilver.com/s/NewsReleases.asp?ReportID=449883

In 2009, during Fresnillo's hostile bid attempt, MAG initiated arbitration proceedings with the International Court of Arbitration of the International Chamber of Commerce pursuant to the dispute resolution provisions contained in the Minera Juanicipio Shareholders Agreement. MAG is seeking a ruling as to whether or not Fresnillo may acquire or attempt to acquire control of MAG without the consent of MAG's board in breach of the standstill provisions contained in the Shareholders Agreement and relief in relation to other alleged violations by Fresnillo as operator under the Shareholders Agreement, including damages and other orders arising from Fresnillo's alleged failure to advance development on the Juanicipio property at an appropriate pace consistent with the standards imposed by the Shareholders Agreement. Early in 2010, an arbitral tribunal was established and in October 2010 a hearing was held in Mexico City. Final written legal submissions were delivered to the arbitral tribunal in December 2010. The Company is now awaiting a tribunal decision which is expected to be issued by April 30, 2011. Results of litigation are inherently uncertain and there can be no assurances as to the final outcome.

Mexico: MAG Silver Corp: ICC Extends Deadline for Arbitration Decision

Apr 29, http://www.magsilver.com/s/NewsReleases.asp?ReportID=454019

Vancouver, B.C. MAG Silver Corp. announced today that it has received notification from the International Court of Arbitration (the "ICC") that the deadline for a decision in the arbitration between MAG and its joint venture partner, Fresnillo plc, has been extended by the ICC from April 30, 2011 to May 31, 2011. MAG had previously reported that all procedural aspects of the arbitration were completed in December, 2010 and had been informed by the ICC that a decision would be announced by April 30, 2011.

Mongolia-Russia: Mongolian Government Wins in Court Against "Altandornod Mongol"

Apr 29, http://ubpost.mongolnews.mn/index.php?option=com_content&task=view&id=6149

Russian invested "Altandornod Mongol" and "Vostokneftgaz" has lost their case against Mongolian Government in international arbitration court. These two companies has sought a penalty of $1.6 billion USD from Mongolian Government and the case lasted for three years and the decision was final, according to Justice and Internal Affairs Minister Ts.Nyamdorj in today's press conference.

He said it was decided "100 percent in favor of Mongolian Government and 169 pages deliberation was sent via email yesterday night". The dispute involved 68 percent windfall tax law and the court decided that Mongolian will not bear any responsibility in relation to this and the court issued decision that Mongolia collect its massive debts owed by "Altandornod Mongol" according to Mongolian laws and regulations. The Minister said that this decision is "giving a signal to foreign companies and investors they must follow Mongolian laws and regulations and shows that any dispute can be solved by Mongolia's own regulations and laws". Separately, Khan Resources had made a complaint in an international court also seeking damage compensation from Mongolian Government.

Nigerian firm sues Anadarko over African oil rights

Apr 23, http://billingsgazette.com/news/state-and-regional/wyoming/article_18f9fa35-e395-57b4-9874-e7f03cab9482.html

Oronto Petroleum Corp. of Nigeria filed a complaint against Texas-based Anadarko in U.S. District Court in Wyoming on April 14, claiming Anadarko worked with a Spanish energy company to cut a deal with the Sierra Leone government that would take part of a particularly lucrative offshore area away from Oronto.

Pakistan: President accords his assent to Arbitration (International Investment Disputes) Bill, 2011

Apr 28, http://www.pid.gov.pk/press28-04-2011.htm

PR No. 257 - PRESS RELEASE - Islamabad: April 28, 2011 - In a major move to reassure international investors about the security of their investment President Asif Ali Zardari today accorded his assent by signing "Arbitration (International Investment Disputes) Bill, 2011" into a law during a special ceremony held here at the Aiwan-e-Sadr today.

The signing ceremony was attended among others by federal ministers, members of Parliament, federal Secretaries, Presidents Chambers of Commerce & Industry, President Overseas Chamber of Commerce, President Women Chambers of commerce & industry, representatives of business community, foreign & local investors and other officials.

Arbitration (International Investment Disputes) Bill, 2011 was passed by National Assembly on 5th November 2010 and the Senate on 1st April, 2011. It became a law today after the President formally gave his assent to it.

"This is a giant leap forward to create confidence in foreign investors and bring transparency in the settlement of investment disputes ", the President said on the occasion adding, "I wish to congratulate the Parliament for passing this important legislation". He said that the government has already announced liberal incentives package for foreign & local investors and expressed the hope that the current legislation would prove instrumental in attracting FDI and further promote investment climate in the country.

Spokesperson to the President Mr. Farhatullah Babar said that the government has already signed and ratified the international convention on settlement of investment disputes between the states and nationals of other countries. Domestic legislation was a pre- requisite for benefiting from the provisions of the convention, he said.

The convention envisages establishment of an international centre for settlement of investment disputes under the auspices of the World Bank. It also envisages constitution of conciliation commission and arbitral tribunal.

The International Convention on Settlement of Investment Disputes (ICSID) facilitates conciliation and arbitration on investment disputes between the contracting states and nationals of other contracting states. The seat of the centre at the principal office for International Bank for Reconstruction and Development (IBRD) having an administrative council and a secretariat maintains a panel of conciliators and arbitrators.

Any contracting state may renounce the convention by written notice to the depositary of this convention which will take effect 6 months after the receipt of such notice. The jurisdiction of the centre extends to any legal dispute arising directly out of an investment between a contracting state and a national of another contracting state.

The spokesperson said that with this new legislation a major disincentive for foreign investors had been removed who will now feel reassured to invest in Pakistan. He said that the enactment of the law was part of the President's plan of incentivisation and offer new incentives to address the country's economic and investment problem. The incentivization of foreign remittances had already resulted in increasing Pakistan's earning from foreign remittances from a little over 6 billion US dollars in 2007 to an expected almost 11 billion US dollars this year, he said.

Peru: Doe Run oficializó demanda contra Perú

Apr 13, http://peru21.pe/noticia/742512/doe-run-pide-indemnizacion-us800-mllns

Renco inició formalmente un proceso de arbitraje y exige reparación de US$800 millones. La demanda se presentó el 7 de abril último.

Peru: Renco Commences Arbitration Against Peru In First Case Under U.S. FTA

Apr 7, http://justinvestment.org/2011/04/renco-commences-arbitration-against-peru-in-first-case-under-u-s-fta/

Renco Group Inc., a U.S. holding firm that owns a smelting complex in Peru, yesterday (April 7) commenced arbitration against the Peruvian government in the first ever investor-state case under the U.S.-Peru free trade agreement, according to an informed source.

Philippines: Belgian Firm Sues Aquino Government Over Cancellation of Laguna Lake Project

Apr 26, http://www.manilatimes.net/news/nation/belgian-firm-sues-aquino-gov%E2%80%99t-for-p6b/

Belgian firm Baggerwerken Decloedt en Zoon (BDC) is seeking P6 billion in damages from the Aquino government over the cancellation of the P18.7-billion Laguna Lake Rehabilitation Project (LLRP).

According to Dimitry Detilleux, BDC manager for North Asia, a case has been filed before the International Center for the Settlement of Investment Disputes (ICSID) in Washington, D.C. against the Philippine government for its failure to come up with a win-win solution to end the dispute over the botched project.

Philippines: Belgium rallies EU around Laguna Lake rehab deal

Apr 6, http://www.manilatimes.net/business/belgium-rallies-eu-around-laguna-lake-rehab-deal/

Belgian Prime Minister Yves Leterme on March 16 sent a letter to President Aquino, asking the Department of Environment and Natural Resources (DENR) and the Baggerwerken Decloedt en Zoon (BDC) to come up with a mutually agreeable solution to the cancellation of the project.

Philippines: China seeks discussion of South China Sea issue with the Philippines

Apr 6, http://www.philstar.com/Article.aspx?articleId=673464&publicationSubCategoryId=63

Ambassador Liu Jianchao said the Philippines can bring up the issue during the visit of President Aquino to China.

Philippines: Lawyer quits Fraport case

Apr 18, http://www.philstar.com/Article.aspx?articleId=677565&publicationSubCategoryId=63

Public interest lawyer Jose Bernas gave up his bid to hold German Fraport AG and its local partner, Philippine International Air Terminals Co. (Piatco), liable for the sloppy construction of the Ninoy Aquino International Airport Terminal 3 (NAIA-3).

Philippines: OSG clarifies lawyers' fees on the NAIA Terminal 3 cases

Apr 4, http://opinion.inquirer.net/inquireropinion/letterstotheeditor/view/20110404-329216/OSG-clarifies-lawyers-fees

REP. RODEL Batocabe has been quoted as saying that the legal fees spent on the NAIA Terminal 3 cases are "unconscionable." Batocabe also faulted the Office of the Solicitor General for retaining international co-counsels: "Most of them (foreign lawyers) are not even needed because PIATCo and Fraport were represented only by local lawyers while the government was represented by a battery of international lawyers and without an end view in this controversy."

Romania: Sterling Resources Claims Force Majeure on Its Offshore Licenses

Apr 28, http://www.sterling-resources.com/28-apr-2011.html

Sterling Resources Ltd. has declared Force Majeure on its Midia and Pelican Blocks in the Black Sea after the Company has been unable to undertake Petroleum operations for reasons outside of its control.

In early 2011, after extensive and lengthy efforts, the Company finally obtained from the relevant Governmental authorities the environmental and drilling permits necessary for operations on the Midia and Pelican Blocks. The National Agency of Mineral Resources ("NAMR") has given approval to a 2011 work program based on which Sterling is obligated to undertake certain offshore activities which include the drilling of 2 offshore wells, acquiring 1,050 linear kilometers of 2D seismic and undertaking investigations and studies to bring the Ana and Doina discoveries forward for development.

However, in July 2009 the Romanian Parliament passed a law requiring construction permits for certain offshore activities. Sterling has sought clarification of this requirement from relevant authorities, as the activities contemplated under the 2011 work program clearly appear to have aspects that will require a construction permit. It is Sterling's view that, after having received responses from certain relevant governmental authorities, that the authorities are currently unable or unwilling to provide construction permits for offshore oil and gas activities.

The effect of this situation, which the Company views as political in nature, is to render it impossible for the Company to undertake Petroleum Operations at the present time. Sterling has thus issued a notice to NAMR, stating that the total lack of clarity on the applicable procedure and authority for issuance of construction permits constitutes an event of Force Majeure under the Concession Agreement.

Under the terms of the Concession Agreement NAMR must, within 15 days of this notification, either agree with the invocation of Force Majeure, the effect of which would be to extend the duration of the Concession Agreement, or reject the Company's invocation putting the two parties into a dispute resolution procedure which could ultimately be decided in international arbitration.

Mike Azancot, Sterling's Chief Executive Officer, said: "Despite this unfortunate situation we look forward to working with the NAMR and other Romanian authorities to find a resolution that will allow the Company to fulfill its obligations, preserve its rights and ultimately achieve success for the Company and the people of Romania. With a satisfactory resolution achieved, we are hopeful that we can advance our plans to undertake further exploration on these very prospective blocks and bring Ana and Doina to production within 3 years. This will bring significant benefits to Romania in terms of greater energy self-sufficiency, the likely award of construction and oil service contracts to local companies, and encouraging a wide range of companies to explore offshore Romania."

Sterling Resources Ltd. is a Canadian-listed international oil and gas company headquartered in Calgary, Alberta with assets in the United Kingdom, Romania, France and the Netherlands. The shares are listed and posted for trading on the TSX Venture Exchange under the symbol "SLG".

Romania: Sterling Resources Files Notice of Default Over License Assignments on Its Offshore Licenses in Romania

May 2, http://www.sterling-resources.com/2-may-2011.html

Sterling Resources Ltd. has filed a Notice of Default with the National Agency of Mineral Resources ("NAMR") as a result of NAMR's failure to grant license assignments to Sterling's farm in partners Petro Ventures Europe BV and Gas Plus International BV (together the "Partners") for a 20% and 15% license holding respectively on its Midia and Pelican Blocks in the Black Sea (the "Concession").

On January 24, 2011 Sterling and its Partners, at the request of NAMR, submitted new applications, supported by required documentation, to request assignments for the Partners onto the Concession Agreement. These applications followed and superseded Sterling's previous attempts to obtain assignments for its Partners beginning from April 2009, when Sterling's initial assignment applications were submitted.

Pursuant to the Concession Agreement NAMR has the sole authority to grant such assignment requests, and has the obligation to not unreasonably withhold or delay its consent to such applications and to treat such applications within a maximum of 90 days. NAMR, by failing to provide its decision on the re-submitted application with the 90 day period, has failed to comply with this obligation, despite having informed Sterling and the Partners that it has no objections to their form or content. It is Sterling's contention that NAMR's failure to approve the applications for assignment is political in nature.

In the event that NAMR and Sterling are unable to resolve the situation then this would put the two parties into a dispute resolution procedure which could ultimately be decided in international arbitration.

Mike Azancot, Sterling's Chief Executive Officer, said: "NAMR's failure to decide on the applications for assignments is extremely unfortunate and frustrating, and is in direct contravention to the Company's rights under the Concession Agreement. This failure, as well as other actions and inactions by the government of Romania leading to Sterling's earlier declaration of Force Majeure, are damaging the economic well-being of the country. Timely development of Romania's offshore natural resources could dramatically reduce the reliance on imported gas, bring substantial employment and investment benefits to the country and provide significant and stable tax receipts for the government. The actions that we are now taking are done with the expressed intent of seeking formal resolution to certain blockages that are impeding our proactive approach to the progress of our work and investments offshore Romania."

Sterling Resources Ltd. is a Canadian-listed international oil and gas company headquartered in Calgary, Alberta with assets in the United Kingdom, Romania, France and the Netherlands. The shares are listed and posted for trading on the TSX Venture Exchange under the symbol "SLG".

Russia-China: Oil deliveries dispute

Apr 29, http://www.russia-ic.com/business_law/in_depth/1341/

It's been a long time since Russia and China couldn't agree on future gas supplies and have already fallen out due to the terms of existing contract for oil supplies. Russian side has accused China of violating the treaty and asks to return 100 million dollars of the debt. Otherwise, Moscow will take the matter to the international court.

Russia-UK: AAR: BP Made No Constructive Proposal To Solve Dispute

Apr 15, http://www.aar.ru/en/press/news/item/506-aar-bp-made-no-constructive-proposal-to-solve-dispute.html

Dow Jones Newswires / Wall Street Journal - UK oil major BP PLC (BP) has made no constructive proposal to its partners at TNK-BP Ltd. to resolve a dispute over the BP's planned alliance with Russian state-controlled oil producer OAO Rosneft (ROSN.RS), the U.K. company's Russian partners said Friday.

Russia-UK: BP-Rosneft Arbitration Court to Meet May 5 & 6 in Sweden

Apr 27, http://www.agi.it/english-version/business/elenco-notizie/201104271718-eco-ren1074-bp_rosneft_arbitration_court_to_meet_may_5_6_in_sweden

AGI - Moscow - The next meeting of the arbitration court in the British Petroleum-Rosneft partnership case will meet May 5 and 6 in Stockholm, BP repor(AGI) Moscow - The next meeting of the arbitration court in the British Petroleum-Rosneft partnership case will meet May 5 and 6 in Stockholm, BP reports.

Russia-UK: BP-Rosneft Deal Faces Another Setback

Apr 8, http://dealbook.nytimes.com/2011/04/08/bp-rosneft-deal-faces-another-setback/?scp=28&sq=russia&st=nyt

The company's ambitions in Russia were dealt another setback Friday when an arbitration tribunal upheld an injunction that indefinitely blocks its share-swap agreement with the state-owned oil company Rosneft.

Russia-UK: BP-Rosneft deal in limbo

Apr 5, http://www.upi.com/Science_News/Resource-Wars/2011/04/05/BP-Rosneft-deal-in-limbo/UPI-30961302003904/

UPI - BP delegates told an arbitration court in Stockholm that it should be allowed to carry out a share swap with Rosneft, though the court concluded without a decision, the Financial Times reports.

Russia-UK: Oligarchs renew bid to halt BP deal with Rosneft

Apr 3, http://www.telegraph.co.uk/finance/newsbysector/energy/oilandgas/8425366/Oligarchs-renew-bid-to-halt-BP-deal-with-Rosneft.html

... BP will attempt to convince the tribunal on Monday that the share-swap element alone should be allowed to proceed - despite opposition from some BP shareholders, including Standard Life, that there is no logic to such a transaction without the exploration deal.

Russia-UK: Stockholm Court Postpones Decision Over BP-AAR Dispute

Apr 6, http://www.agi.it/english-version/business/elenco-notizie/201104061025-ene-ren1022-stockholm_court_postpones_decision_over_bp_aar_dispute

The Stockholm international arbitration court has postponed its decision on the dispute between BP and TNK-BP's Russian partners, AAR.

Russia-UK: TNK-BP may file law suit against BP within 2 weeks

Apr 12, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/Oil/8780433

Anglo-Russian oil venture TNK-BP's management plans to sue BP on the grounds that the British company has breached the shareholder agreement through a planned partnership with Rosneft, seeking up to $10 billion in damages, a source in the company's management confirmed to Platts Tuesday.

Russia-UK: TNK-BP Not Planning Lawsuits Against BP - CFO - WSJ.com

Apr 27, http://online.wsj.com/article/BT-CO-20110427-705848.html

Dow Jones - TNK-BP Ltd., Russia's third-largest oil producer, isn't considering any lawsuits against U.K. oil major BP PLC (BP).

Russia: Court orders Rosneft to disclose board meeting data to blogger Navalny

Apr 18, http://en.rian.ru/business/20110418/163583709.html

A Russian Arbitration Appeals Tribunal has ruled that state-run oil giant Rosneft must provide information on its 2009 board meetings to minority shareholder and blogger Alexei Navalny, who has consistently called for greater transparency in Russian business practices.

Russia: Court removes obstacle to $24 billion Uralkali-Silvinit merger

Apr 13, http://en.rian.ru/business/20110413/163512030.html

A Russian arbitration court has removed the last obstacle to a $24 billion merger between fertilizer producers Uralkali and Silvinit to create the world's second largest potash maker, a court official said on Wednesday.

Russia: E.ON Ruhrgas drops plans for contract arbitration with Gazprom

Apr 14, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/NaturalGas/8794750

Germany's dominant gas importer, E.ON Ruhrgas, has decided to continue to work on reducing the oil price element of its long-term contracts with Russian gas exporter Gazprom through negotiation, rather than arbitration.

Russia: London court to consider RusAl, Interros suits over Norilsk Nickel

Apr 11, http://en.rian.ru/business/20110411/163469045.html

The London International Arbitration Court will consider opposing suits from the world's largest aluminum producer RusAl, and Interros investment firm, who are seeking damages over previously agreed management principles for Norilsk Nickel, in which both firms are major shareholdersl, Vedomosti business daily reported on Monday.

Russia: Transneft Loses Disclosure Appeal as Shareholder Queries Payouts

Apr 22, http://www.bloomberg.com/news/2011-04-22/transneft-loses-disclosure-appeal-as-shareholder-queries-payouts.html

OAO Transneft, Russia's monopoly pipeline operator, lost an appeal against a court ruling ordering it to disclose board minutes to a minority shareholder who questioned how the state-run company allocates profit.

UK: Gulf Keystone takes out injunction against Excalibur

Apr 11, http://ir2.bestex-quotes.com/ir/gulfkeystone/newsArticle.php?id=428851&ST=GKP

On 8 April 2011 Gulf Keystone and two of its subsidiaries obtained an injunction in the English Commercial Court restraining Excalibur from pursuing the ICC arbitration proceedings instituted against Gulf Keystone and two of its subsidiaries on 17 December 2010. The injunction continues until final determination of the English Commercial Court proceedings or until further order. The English Court will decide whether Gulf Keystone and its two subsidiaries are bound by the Agreement that Excalibur seek to rely on

UK: TNK businessman Viktor Vekselberg "still upset" with BP

Apr 26, http://www.bbc.co.uk/news/business-13188988

The comments follow a ruling from a Swedish arbitration panel last month, which upheld a court injunction on an Arctic exploration deal that BP had signed with Russian state-owned oil firm Rosneft.

Singapore Arbitration Panel Orders Pukuafu To Drop Lawsuits Newmont Official says

Apr 21, http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201104210747dowjonesdjonline000357&title=newmont-officialsingapore-arbitration-panel-orders-pukuafu-to-drop-lawsuits

South Africa: High Court finds Minerals Act did expropriate - Agri SA Wins Critical Property Rights Case

Apr 28, http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71654?oid=233220&sn=Detail&pid=71616

"The High Court judgment issued in Pretoria by Judge Ben du Plessis today to the effect that the Mineral and Petroleum Resources Development Act (Act No. 28 of 2002), the "Act", in fact implies the expropriation of mineral rights as of 1 May 2004, serves as a direction-giving ruling following Agri SA's many attempts over the years to protect property rights," says Agri SA president Johannes Möller.

Agri SA's intention with this test case was to prove expropriation of mineral rights, which would oblige the state to pay compensation.

The judge found that "for the reasons stated the objects of the MPRDA could not be achieved without depriving mineral rights holders of their property and without vesting in the state similar rights. While not expressly stated, expropriation was one of the purposes of the MPRDA."

South Africa: Mineral rights judgment welcomed

Apr 29, http://www.iol.co.za/business/business-news/mineral-rights-judgment-welcomed-1.1062680

The Christian Democratic Party (CDP) on Thursday welcomed the high court finding that the state expropriated mineral rights when the Mineral and Petroleum Resources Development Act came into effect in 2004.

"This expropriation had earlier been described as the largest theft in the history of South Africa," CDP leader Theunis Botha said in a statement.

Timor rejects Woodside's oilfield claims

Apr 24, http://www.smh.com.au/business/timor-rejects-woodsides-oilfield-claims-20110424-1dsu7.html

EAST Timor has rejected a claim that its leaders are failing their mainly impoverished people by blocking development of the Greater Sunrise oil and gas field, saying the multibillion-dollar project will go ahead.

Turkey: Turkish pipeline operator laments debts due to gas price hike

Apr 11, http://www.hurriyetdailynews.com/n.php?n=caspian-oil-to-mediterranean-at-risk-of-operational-dispute-2011-04-11

Turkey's BOTAS International Limited, which operates the Turkish section of the BTC pipeline, has applied for international arbitration against the consortium that provides natural gas for the route due to operational costs. BIL chairman Ibrahim Palaz tells the Daily News that the operational cost of the oil pipeline is higher than the profit defined by the agreement signed between the parties in 2002

Turkish contractors in Turkmenistan facing payment crisis

Apr 24, http://www.hurriyetdailynews.com/n.php?n=turkish-constructors-in-turkmenistan-facing-payment-crisis-2011-04-24

Turkish construction companies in Turkmenistan are on the edge of big losses as the government rejects to pay an alleged $1 billion for completed or ongoing projects, businessmen say. The Turkmen government is either seizing equipment or offering new and attractive contracts to overcome upcoming legal problems, they say

...

Speaking on the condition of anonymity, a Turkish businessman who still has investments in Turkmenistan said nearly 25 Turkish firms would apply to the International Center for Settlement of Investments Disputes, or ICSID, in two weeks' time.

Uganda Sale and Purchase Agreements signed between Tullow, CNOOC and Total for $2.9 billion total cash consideration

Mar 30, http://www.tullowoil.com/index.asp?pageid=137&newsid=695

30 March 2011 - Tullow Oil plc (Tullow) is delighted to announce that yesterday it signed Sale and Purchase Agreements (SPAs) with CNOOC and Total in respect of the sale of a one third interest to each party of the interests Tullow holds in Exploration Areas 1, 2 and 3A in Uganda. Tullow will retain a one third interest. The terms of the transactions include a total cash consideration payable to Tullow of US$2.9 billion.

With the signing of these SPAs, a key condition of the Memorandum of Understanding (MoU) agreed between Tullow, the Government of Uganda (GoU) and the Uganda Revenue Authority (URA) on 15 March 2011, has been satisfied. The next step is for Tullow to make certain tax related payments to the GoU, on receipt of which all relevant consents become final and the other provisions of the MoU become effective.

Under the MoU, Tullow and its new Partners, CNOOC and Total, have been granted new licences over EA-1 and an onshore area of EA-3A and the partnership's rights to develop the Kingfisher discovery have been confirmed. A clear plan for the resolution of tax disputes on the various asset sales has been agreed by the GoU, the URA and Tullow.

Tullow and its Partners will now reactivate the significant programme of exploration and appraisal drilling and progress their development plans for the basin which they will jointly present to the Government of Uganda for approval.

Commenting today, Aidan Heavey, Chief Executive, said:

"These agreements have secured the future of oil production in Uganda. Tullow, its partners and the Government of Uganda will now agree a development plan for the Lake Albert Rift Basin with a target of delivering production of at least 200,000 bopd and potentially much more as we continue to explore and appraise the basin. We are looking forward to working with CNOOC and Total, and continuing our strong relationship with the Government to bring the benefits of the oil to the people of Uganda."

Uganda: Tullow clears $469m disputed tax

Apr 12, http://www.newvision.co.ug/D/8/220/751868

TULLOW Oil has paid $469m into Bank of Uganda as capital gains tax from the sale of petroleum assets in blocks 1 and 3A in Lake Albert Basin.

Uganda: Tullow Oil sues Heritage over $313m tax paid to govt

Apr 18, http://www.newvision.co.ug/D/8/220/752493

TULLOW Oil has dragged Heritage to court to recover the $313.45m paid to Uganda as capital gains tax on the pre-production oil assets on blocks 1 and 3A, sparking-off a rift between the two former partners.

Ukraine-Russia: Ukraine and Russia to reach compromise on revision of gas contracts by September - Mr Boyko

May 3, http://www.steelguru.com/russian_news/Ukraine_and_Russia_to_reach_compromise_on_revision_of_gas_contracts_by_September_-_Mr_Boyko/203227.html

Kyiv post reported that Naftogaz of Ukraine and Russia's Gazprom will reach by September 2011 an agreement on the revision of the natural gas price formula that is unprofitable for Ukraine.

Mr Yuriy Boyko energy and coal industry minister of Ukraine said that "I'm confident that we will reach a compromise this summer. We will reach a compromise before the price of gas for our country significantly grows, and this will happen in the Q4.

Ukraine: Cabinet Endorses Amicable Agreement With Vanco Prykerchenska

Apr 13, http://un.ua/eng/article/323366.html

The Cabinet of Ministers endorsed an amicable settlement agreement with Vanco Prykerchenska Ltd (British Virgin Islands) in an international dispute around termination of a production sharing agreement (PSA) for the Prykerchenskyi block of the Black Sea shelf, Justice Minister Oleksandr Lavrynovych has told journalists.

Ukraine: Criminal cases against Makarenko, Didenko submitted to Pechersky Court

Mar 28, http://www.kyivpost.com/news/politics/detail/101115/

Pechersky District Court in Kyiv is to hear criminal cases against the former head of the State Customs Service of Ukraine, Anatoliy Makarenko, and a former deputy chief of Naftogaz Ukrainy, Ihor Didenko.

Makarenko's lawyers, Yuriy Sukhov, told Interfax-Ukraine that Pechersky District Court of Kyiv would hear the case.

Ukraine: Firtash doubts Tymoshenko's lawsuit in New York court will succeed

Apr 28, http://www.kyivpost.com/news/politics/detail/103097/

The co-founder of Swiss-registered gas trader RosUkrEnergo (RUE), Dmytro Firtash, has not received any documents from the U.S. courts in connection with a lawsuit allegedly filed against him by former Ukrainian Prime Minister Yulia Tymoshenko concerning a dispute in a Stockholm court between RUE and Naftogaz Ukrainy.

Ukraine: Gala Radio's Lemire wins $9.5 million judgment

Mar 29, http://www.kyivpost.com/news/business/bus_general/detail/101163/

... ICSID on March 28 ordered Ukraine to pay U.S. citizen Joseph Lemire's Gala Radio the penalty "for denying fair and equitable treatment as required under the U.S.-Ukraine bilateral investment treaty in relation to tender applications," the radio station's press release said.

Ukraine: Naftohaz Ukrainy Returns 11 Billion Cubic Metres Of Gas To RosUkrEnergo

Apr 13, http://un.ua/eng/article/323426.html

The Naftohaz Ukrainy national joint-stock company returned some 11 billion cubic metres of gas to RosUkrEnergo (Switzerland) from December 2010 to February 2011, out of due 12.1 billion cubic metres, Ukrainian News has learned from a well-informed source.

Ukraine: Tymoshenko sues Firtash in US court

Apr 27, http://www.interfax.com.ua/eng/main/67313/

... Yulia Tymoshenko, in a U.S. lawsuit on racketeering, has accused gas trader RosUkrEnergo AG and its co-owner, Ukrainian businessman Dmytro Firtash, of conspiring to manipulate an arbitration court ruling that she claims robbed Ukraine of its natural gas supplies, Bloomberg has reported.

Ukraine: Ukraine and Vanco Energy sign Black Sea oil and gas field agreement

Apr 13, http://www.ukrainianjournal.com/index.php?w=article&id=12323

Ukraine and a consortium led by private U.S. oil company Vanco Energy signed an amicable agreement allowing exploration of massive oil and gas fields offshore the Black Sea.

Ukraine: US court summons Firtash on Tymoshenko lawsuit

May 2, http://www.interfax.com.ua/eng/main/67582/

The United States District Court in Manhattan, New York, has summoned the co-founder of Swiss-registered gas trader RosUkrEnergo (RUE), Dmytro Firtash, in connection with a lawsuit filed against him by former Prime Minister Yulia Tymoshenko, the Internet version of the Kyiv Post newspaper has reported.

US-Ecuador: Patton Boggs Can't Sue Chevron Over 'Threats'

Apr 20, http://www.courthousenews.com/2011/04/20/35961.htm

CN - A federal judge in Washington dismissed Patton Boggs' lawsuit against Chevron and rejected the law firm's motion to amend its complaint.

In a declaratory judgment action filed on Nov. 17, Patton Boggs accused Chevron of using intimidation tactics to thwart a multibillion environmental lawsuit in Ecuador.

...

Memorandum opinion link: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2010cv1975-35

US: Anadarko's Profit Surpasses Estimates on Higher Sales

May 2, http://www.bloomberg.com/news/2011-05-02/anadarko-petroleum-says-first-quarter-net-income-declines.html

... BP, based in London, has said it expects its minority partners in the damaged well to pay their share of billions of dollars in costs. BP also asked a judge to put on hold oil spill-related litigation with the two companies because it said a joint-operating agreement requires the parties to first attempt dispute resolution through arbitration.

US: Arbitration panel says ADA-ES liable for damages, royalties in dispute.

Apr 12, http://www.denverpost.com/business/ci_17822884

Littleton-based ADA-ES Inc. said an arbitration panel held it liable for about $37.9 million in damages and the payment of royalties on some activated-carbon sales in a dispute with Norit NV's Americas operation.

US: Atlanta's International Arbitration Initiative

Apr 26, http://www.globalatlanta.com/articlevid/24737/1461/

Glenn Hendrix, the managing partner of law firm Arnall Golden and Gregory LLP, has been leading a broad-based initiative to develop an international arbitration center in Atlanta. * US: Judge confirms $31 million award to Seashore Investments http://www.caller.com/news/2011/apr/12/judge-confirms-31-million-award-to-seashore/

A Nueces County judge has ruled that BNP Oil & Gas, its owner and related companies owe more than $30 million to an investor because of the companies' unpaid loans.

US: Landowners complain about Bison Pipeline

Apr 25, http://trib.com/news/state-and-regional/article_bd4bb9b7-65df-53e3-b316-491dd1bb0a19.html

It doesn't take an engineer to see that TransCanada's recently installed Bison natural gas pipeline has big problems along parts of its 97-mile route through southeastern Montana.

US: Supreme Court rules for AT&T in arbitration case

Apr 27, http://www.reuters.com/article/2011/04/27/us-att-arbitration-idUSTRE73Q4N520110427

Reuters - The U.S. Supreme Court on Wednesday handed businesses such as AT&T Inc a major victory by upholding the use of arbitration for customer disputes rather than allowing claims to be brought together as a group.

Venezuela sees max $2.5 billion arbitration bill

Mar 31, http://www.reuters.com/article/2011/03/31/us-latam-summit-ramirez-idUSTRE72U4FR20110331

Reuters - Venezuela calculates it will pay no more than $2.5 billion to Exxon Mobil and ConocoPhillips in looming arbitration rulings over oil nationalizations, Energy Minister Rafael Ramirez said.

Venezuela: Williams Files Arbitration Claim After Venezuelan Seizures

Mar 29, http://www.bloomberg.com/news/2011-03-29/williams-files-arbitration-claim-after-venezuelan-seizures-1-.html

Williams Companies Inc. filed for international arbitration against Venezuela, seeking compensation for two natural-gas compression facilities taken by President Hugo Chavez in 2009.

Zimbabwe mine takeover could prove difficult: analyst

Mar 29, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/Metals/8720904

Platts - As foreign mining companies draw up plans to sell off 51% of their assets in Zimbabwe, a leading Johannesburg-based analyst said the proposed takeover could prove difficult.

President Robert Mugabe made headlines this week when he said the government would press ahead with plans to complete the takeover. A government gazette published on Friday said foreign-owned mining companies had until May 9 to draw up a plan to sell off 51% stakes in their local companies and the whole process had a deadline of September 25.

...

Zimbabwe Mining Firms Given Deadline to Comply With Indigenization Law

Mar 28, http://www.voanews.com/zimbabwe/news/Mining-Companies-Given-Deadline-to-Comply-With-118790979.html

Entities that will receive and hold share stakes include the Indigenization and Economic Empowerment Fund, the Zimbabwe Mining Development Corporation, a sovereign fund, or employee share scheme

Zimbabwe: Foreign Investors to be forced to register

Mar 30, http://www.zimeye.org/?p=28103

Zimbabwe's government has agreed to the enactment of an investment law that will see investors being compelled to register with the local Investment Board.

Zimbabwe: US firm [Alex Stewart International] sues Reserve Bank

Apr 9, http://www.thezimbabwean.co.uk/index.php?option=com_content&view=article&id=38826:us-firm-sues-reserve-bank&catid=31:weekday-top-stories&Itemid=30

The Reserve Bank of Zimbabwe (RBZ) failed to pay Alex Stewart International for auditing its books in 2006 to ascertain the production and export of minerals from Zimbabwe. The firm was hired on February 8, 2006 at the height of an economic crisis which many people blame on President Robert Mugabe's policies.

EVENTS

JOBS / MOVES

FTI Consulting, Inc. Announces Completion of Contemplated Transactions with LECG Corporation

Mar 1, http://www.fticonsulting.com/about-fti/news/press-releases/fti-consulting-inc.-announces-completion-of-contemplated-transactions-with-lecg-corporation.aspx

• Adds 200+ Professionals Representing 2010 Annual Revenues of Approximately $80 Million;
• Enhances Domain Expertise and Depth in Critical Geographic and Industry Markets;
• Significantly Expands Competition and Economics Practice in Europe;
• Expands International Arbitration Practice in Europe and Latin America.

BOOKS

Reports of Overseas Private Investment Corporation Determinations

Edited by Mark Kantor, Michael D. Nolan, and Karl P. Sauvant
OUP, 978-0-19-959685-0, April 2011, Hardback, 1872 pages
http://ukcatalogue.oup.com/product/9780199596850.do
Available with a discount for TDM members.

This comprehensive two-volume work is a collection of determinations from OPIC, the US governmental political risk insurance provider, in the form of its Memoranda of Determinations from 1966 through to 2010.

• The only publication to include the complete collection of OPIC determinations.
• Illustrates the transactional solutions used to reduce political risk and resolve investment disputes, making it an important reference point for practitioners and academics.
• Headnotes collate key information such as the date, insured, host country, contract or guarantee number, OPIC contract type, the nature of the claim, the amount of the claim, and the relief allowed.
• Headnotes also include a factual background and a brief exposition of the insured's position and the reasoning of the memorandum of determination on any dispositive issue.
• Includes an exhaustive analytical index to aid navigation of the content.

Third Parties in International Commercial Arbitration

Stavros Brekoulakis
OUP, 978-0-19-957208-3, December 2010, Hardback, 336 pages
http://ukcatalogue.oup.com/product/9780199572083.do
Available with a discount for TDM members.

• Offers in-depth analysis of the legal issues associated with third parties in international commercial arbitration.
• Compares the laws, rules, and jurisprudence of all major arbitration jurisdictions and institutions.
• Offers comprehensive coverage of existing materials and case law
• Adopts a problem-solving approach, offering clear guidance to practicing lawyers and arbitrators as to the types of legal basis they may rely upon to introduce claims by or against third parties in arbitration proceedings.

The Vienna Conventions on the Law of Treaties - A Commentary

Edited by Olivier Corten and Pierre Klein
OUP, 978-0-19-954664-0, March 2011, Hardback, 2176 pages
http://ukcatalogue.oup.com/product/9780199546640.do Available with a discount for TDM members.

• Commentary on the 1969 and the 1986 Conventions on the Law of Treaties, two of the most important instruments in the international legal order
• Comprehensive and well-structured analysis of each Article
• Contributions by many of the experts in the field, from over twenty different countries, providing a wide range of perspectives
• Relevant for practitioners and scholars of national as well as international law

Sustainable Development in World Investment Law

Edited by Marie-Claire Cordonier Segger, Markus W Gehring & Andrew Newcombe
November 2010, 976 pp., Hardbound
ISBN: 9789041131669

This volume builds upon previous research on sustainable development in international trade law and policy, published in Sustainable Development in World Trade Law. It analyses the state of international investment law through the lens of sustainable development, and discusses how international investment law can better contribute to more sustainable development. After an inspiring and insightful foreword by Sir Eli Lauterpacht, the various chapters in the volume identify, characterize, and analyse existing rules, procedures, innovations, and best practices in international investment agreements, including the investment measures in other sustainable development treaties and instruments. Key topics are prefaced by short contributions from the leading figures in world investment law today.

May 7th 2011: Sustainable Development in World Investment Law - An International Legal Experts Seminar & Book Launch Reception, more info at http://www.cisdl.org/news.html

ICSID

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

Petrochemical industry, Registered Nov 21 2008, Tribunal Constituted Mar 20 2009, Award rendered Mar 31 2011. Avalailable at http://bit.ly/ICSID

New: Agility for Public Warehousing Company K.S.C. v. Islamic Republic of Pakistan (ICSID Case No. ARB/11/8)

Customs clearance services, Registered March 28. Tribunal not yet constituted

New: Caravelí Cotaruse Transmisora de Energía S.A.C. v. Republic of Peru (ICSID Case No. ARB/11/9)

Electricity transmission agreements, Registered April 15 2011. Tribunal not yet constituted

New: The Williams Companies, International Holdings B.V., WilPro Energy Services (El Furrial) Limited and WilPro Energy Services (Pigap II) Limited v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/10)

Gas compression and injection enterprises, Registered April 20. Tribunal not yet constituted.

New: Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines (ICSID Case No. ARB/11/12)

Construction of an airport terminal, Registered April 27. Tribunal not yet constituted.

Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/08/13)

Status of Proceeding: parties file post-hearing briefs on April 20, 2011

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

Status of Proceeding: Respondent files a reply on jurisdiction on April 29, 2011

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

Status of Proceeding: Tribunal issues a procedural order concerning the parties' applications to submit further documents on April 12, 2011

Club Hotel Loutraki S.A. and Casinos Austria International Holding GMBH v. Republic of Serbia (ICSID Case No. ARB/11/4) Tribunal Constituted April 29. F. Orrego Vicuña, H.A. Grigera Naón, J. Sekolec.

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

Status of Proceeding: Claimant files a response to the Respondent's observations of March 25, 2011 on March 29, 2011

Elsamex, S.A. v. Republic of Honduras (ICSID Case No. ARB/09/4)

Status of Proceeding: Respondent files a rejoinder on the merits and a reply on the counter-claim on April 7, 2011

Giordano Alpi and others v. Argentine Republic (ICSID Case No. ARB/08/9)

Status of Proceeding: Claimants file a post-hearing brief on March 29, 2011

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

Status of Proceeding: Respondent files a counter-memorial on jurisdiction and merits on April 14, 2011

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

Status of Proceeding: Tribunal declares the proceedings closed in accordance with Arbitration Rule 38(1) on April 15, 2011

International Quantum Resources Limited, Frontier SPRL and Compagnie Minière de Sakania SPRL v. Democratic Republic of the Congo (ICSID Case No. ARB/10/21) Tribunal April 25, 2011. Composition: P. Tercier, H.A. Grigera Naón, B. Stern

Marion Unglaube v. Republic of Costa Rica (ICSID Case No. ARB/08/1)

Status of Proceeding: parties file submissions on costs on April 11, 2011

Mobil Exploration and Development Inc. Suc. Argentina and Mobil Argentina S.A. v. Argentine Republic (ICSID Case No. ARB/04/16)

Status of Proceeding: Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. on April 1-13, 2011

Mr. David Minnotte and Mr. Robert Lewis v. Republic of Poland (ICSID Case No. ARB(AF)/10/1)

Status of Proceeding: Tribunal holds a first session in London on April 14, 2011

Mr. Hassan Awdi, Enterprise Business Consultants, Inc. and Alfa El Corporation v. Romania (ICSID Case No. ARB/10/13)

Status of Proceeding: Tribunal issues a procedural order concerning provisional measures on March 29, 2011

Nations Energy, Inc. and others v. Republic of Panama (ICSID Case No. ARB/06/19) Annulment Proceeding Registered April 01, ad hoc Committee not yet constituted.

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

Status of Proceeding: Tribunal issues a procedural order concerning production of documents on March 31, 2011

Quiborax S.A., Non-Metallic Minerals S.A. & Allan Fosk Kaplún v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2)

Status of Proceeding: Claimants file a rejoinder on jurisdiction on April 2, 2011
Tribunal issues a procedural order concerning the procedural calendar on April 14, 2011

Reinhard Hans Unglaube v. Republic of Costa Rica (ICSID Case No. ARB/09/20)

Status of Proceeding: parties file submissions on costs on April 11, 2011

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

Status of Proceeding: Tribunal holds a first session in London on April 13, 2011

RSM Production Corporation v. Grenada (ICSID Case No. ARB/05/14) Outcome of Proceeding: The ad hoc Committee issues an order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e) on April 28, 2011.

SAUR International v. Argentine Republic (ICSID Case No. ARB/04/4)

Status of Proceeding: Respondent submits a further request for production of documents on April 27, 2011

Sempra Energy International v. Argentine Republic (ICSID Case No. ARB/02/16) Tribunal Constituted: April 21. Vaughan LOWE (British) Kamal HOSSAIN (Bangladeshi) David A.R. WILLIAMS (New Zealand)

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

Status of Proceeding: Respondent files a rejoinder on the merits on April 1, 2011

Shell Nigeria Ultra Deep Limited v. Federal Republic of Nigeria (ICSID Case No. ARB/07/18)

Status of Proceeding: following the resignation of an arbitrator, the Centre notifies the parties of the vacancy on the Tribunal and the proceeding remains suspended on March 28, 2011
Tribunal Reconstituted: April 20. Tribunal: Juan FERNÁNDEZ-ARMESTO (Spanish) (1) Hamid G. GHARAVI (Iranian/French) William W. PARK (U.S.)

Standard Chartered Bank v. Tanzania Electric Supply Company Limited (ICSID Case No. ARB/10/20) Tribunal Constituted: April 19. Composition: Donald M. McRae; Zachary Douglas; Brigitte Stern

Standard Chartered Bank v. United Republic of Tanzania (ICSID Case No. ARB/10/12)

Status of Proceeding: each party files a request concerning confidentiality of documents on April 27, 2011

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

Status of Proceeding: Respondent files a counter-memorial on jurisdiction and merits on April 29, 2011
Tribunal decides on production of documents on April 15, 2011

TECO Guatemala Holdings, LLC v. Republic of Guatemala (ICSID Case No. ARB/10/23)

Status of Proceeding: resignation of an arbitrator, the Centre notifies the parties of the vacancy on the Tribunal and the proceeding remains suspended on March 30, 2011
Tribunal Reconstituted: April 21. Tribunal Alexis Mourre (French) William W. Park (U.S.) Claus Von Wobeser (Mexican)

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

Status of Proceeding: Respondent files observations on the Claimant's request for provisional measures on April 20, 2011
Claimants file a rejoinder on jurisdiction on April 27, 2011

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

Status of Proceeding: Tribunal issues a procedural order concerning production of documents on March 29, 2011. Available on http://bit.ly/ICSID

Togo Electricité and GDF-Suez Energie Services v. Republic of Togo (ICSID Case No. ARB/06/7)

Status of Proceeding: ad hoc Committee holds a hearing on annulment in Paris on April 21-22, 2011
Togo Electricité and GDF-Suez Energie Services file a counter-memorial on annulment on April 6, 2011

Total S.A. v. Argentine Republic (ICSID Case No. ARB/04/1)

Status of Proceeding: Tribunal issues a procedural order concerning the procedural calendar on March 29, 2011

Universal Compression International Holdings, S.L.U. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/9)

Status of Proceeding: Respondent files further observations on the proposal for disqualification of an arbitrator on February 25, 2011

Víctor Pey Casado and President Allende Foundation v. Republic of Chile (ICSID Case No. ARB/98/2)

Status of Proceeding: ad hoc Committee issues a procedural order concerning various procedural matters on April 18, 2011

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