issue #01, week 05. 31 January 2012
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

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Recent issues:

NEWS

Dutch launch new tribunal for finance disputes

Jan 16, http://www.ft.com/cms/s/0/550ea69a-3f8e-11e1-8809-00144feab49a.html#ixzz1jiaJtfI2

The Hague-based tribunal, funded by the Dutch government, aims to build up internationally recognised legal precedent in an area that can be opaque to even the most senior national judges who have previously heard disputes over credit derivatives, collateralised debt obligations or other exotic products that gained notoriety during the financial crisis.

ICC: 2011 figures show steady growth in ICC Arbitration - The Court registers approximately 800 cases per year

Jan 6, http://www.iccwbo.org/index.html?id=47007

The ICC International Court of Arbitration registered 795 arbitration cases in 2011 under ICC Rules of Arbitration, surpassing the previous year by two cases. On average, the Court has registered 800 cases per year since 2009.

A full Statistical Report for 2011 will be published on the ICC Dispute Resolution Library and in the Court's biannual Bulletin later in the year.

The Court has welcomed in the New Year with the entry into force of the 2012 ICC Rules for Arbitration and a high level of activity. A case from Spain was the first to be filed under the new Rules.

Six other requests have since been filed, involving parties from Brazil, China (Hong Kong), Egypt, India, Jordan, Peru, South Korea and USA.

ICJ: The Security Council has fixed the date for the election of a successor to Mr. Awn Shawkat Al-Khasawneh, former judge and Vice-President of the International Court of Justice

Jan 20, http://www.icj-cij.org/presscom/files/1/16861.pdf

The United Nations Security Council has fixed Friday 27 April 2012 as the date for the election, by the Security Council and the General Assembly, of a successor to Mr. Awn Shawkat Al-Khasawneh, former judge and Vice-President of the International Court of Justice (ICJ).

Mr. Al-Khasawneh resigned as Member of the Court following his appointment last year as Prime Minister of the Hashemite Kingdom of Jordan by King Abdullah II. The term of office of Mr. Al-Khasawneh as a Member of the Court would have expired on 5 February 2018.

The Member of the Court elected on 27 April 2012 will complete Mr. Al-Khasawneh's term, serving until 2018.

A Member of the Court since 6 February 2000, Mr. Al-Khasawneh was re-elected as from 6 February 2009. He was the Vice-President of the Court from 2006 to 2009.

Former Adviser to the King of Jordan and Adviser of the State on International Law, with the rank of Cabinet Minister (1995), Mr. Al-Khasawneh was also Chief of the Royal Hashemite Court between 1996 and 1998. A Member of the Permanent Court of Arbitration (PCA) since 1999, Mr. Al-Khasawneh served, in particular, as arbitrator in The Government of Sudan/The Sudan People's Liberation Movement/Army (Abyei Arbitration) case in 2008 and 2009.

ICSID: Venezuela Submits a Notice under Article 71 of the ICSID Convention

Jan 26, http://icsid.worldbank.org/ICSID/FrontServlet?requestType=CasesRH&actionVal=OpenPage&PageType=AnnouncementsFrame&FromPage=Announcements&pageName=Announcement100

On January 24, 2012, the World Bank received a written notice of denunciation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) from the República Bolivariana de Venezuela.

In accordance with Article 71 of the ICSID Convention, the denunciation will take effect six months after the receipt of Venezuela's notice, i.e., on July 25, 2012.

In its capacity as the depository of the ICSID Convention, and as required by Article 75 of the ICSID Convention, the World Bank has notified all ICSID signatory States of the República Bolivariana de Venezuela's denunciation of the ICSID Convention.

Scottish Arbitration Centre London Launched on January 18th

Jan 18, http://www.scottisharbitrationcentre.org

On 18 January, the Scottish Arbitration Centre hosted a London launch at the City offices of solicitors McClure Naismith. Along with guest speaker, the Rt Hon David Mundell MP, Parliamentary Under Secretary of State at the Scotland Office, the event was attended by leading independent arbitrators, senior representatives of the major arbitration firms and high profile QCs. The Rt Hon The Lord Hope of Craighead, Deputy President of the Supreme Court of the United Kingdom and Patron of the Scottish Branch of the Chartered Institute of Arbitrators, and the Hon The Lord Dervaird, Honorary Vice President of the Centre, were amongst the guests.

Mr Malone offered London practitioners three good reasons to change from other longer established centres to Scotland:

"Proximity, Familiarity, and Personality." "Proximity", not just geographically, but in terms of language and culture; "Familiarity" because the Scottish courts have made clear that English cases can be used to interpret the new Scottish Act, which itself is based on the existing English legislation; and "Personality" which, with its spectacular scenery, top class venues, world class food, rich culture and history, and diverse cities, Scotland has in spades.

Background to Centre

The Centre is a newly established non-profit company limited by guarantee made up of the Law Society of Scotland, the Faculty of Advocates, the Chartered Institute of Arbitrators, the Royal Institute of Chartered Surveyors, and the Scottish Ministers.

It promotes arbitration, building on the entry into force of the Arbitration (Scotland) Act 2010, to the Scottish business community as an effective alternative to litigation, and Scotland to the world as a place to conduct international arbitration. The Centre's arbitration suites in Dolphin House on historic Hunter Square in Edinburgh are available to be booked for large or small scale arbitrations and other types of alternative dispute resolution, and for conferences and meetings regarding alternative dispute resolution. Developing the Centre into a fully serviced arbitration institution is a longer term objective.

Sir David Edward is Honorary President of the Centre. The Centre also has two Honorary Vice Presidents, The Hon Lord Dervaird (Professor John Murray QC) and Hew R. Dundas.

The Scottish Arbitration Centre also has an independent Arbitral Appointments Committee, which consists of:

- David Carrick, Senior Vice President, Hill International, Edinburgh.

- Teresa Cheng, Senior Counsel, Des Voeux Chambers, Hong Kong.

- Vincent Connor, Head of Asia Pacific, Pinsent Masons, Hong Kong.

- Thomas Halket, Partner, Halket Weitz, New York.

- Kaj Hobér, Mannheimer Swartling, Stockholm.

- Elie Kleiman, Partner, Freshfields, Paris.

- Lindy Patterson QC, Dundas and Wilson, Edinburgh.

KLRCA: Arbitration Centre Goes Global, Taps India

Jan 29, http://www.bernama.com.my/bernama/v6/newsgeneral.php?id=642760

Bernama - Malaysia is gearing to position itself as a premier regional arbitration centre -- wooing companies from emerging economies China and India to capitalise on its friendly and inexpensive services.

KLRCA: The Launch of Sensitive Names Dispute Resolution Policy ("SNDRP")

Jan 2, http://www.klrca.org.my/scripts/list-posting.asp?recordid=68

The Kuala Lumpur Regional Centre for Arbitration ("KLRCA") is pleased to announce the launch of our new service, the sensitive name dispute resolution. This is in connection with the launch of the Sensitive Names Dispute Resolution Policy ("SNDRP") Rules of the SNDRP and Supplemental Rules of the Kuala Lumpur Regional Centre for Arbitration by .my DOMAIN REGISTRY on 31st October 2011.

The SNDRP is an administrative process designed to provide a simple, fast and affordable resolution of .my domain name disputes.

We have been appointed by .my DOMAIN REGISTRY to be the service provider to administer the complaints filed by any party against a domain name that contains a word or words that may be considered sensitive to the Malaysian public. Such words may either be in English, Malay, Romanised Chinese (including dialects) and Indian dialects.

The complaints/proceedings will be decided upon by a sub-reference panel of three who will be appointed from the Reference Panel list, which consists of twelve (12) appointed individuals in equal proportions between the three relevant fields of expertise namely, the internet industry, the legal profession / judicial service and an academia focused on the study of linguistics. The sub-reference panel will consist of one (1) qualified person from each of abovementioned fields.

UNCTAD estimates show climb of 17 per cent in Global Foreign Direct Investment flows in 2011

Jan 24, http://www.unctad.org/Templates/webflyer.asp?docid=16305&intItemID=1528&lang=1

Despite turmoil in the world economy, global foreign direct investment (FDI) inflows rose by 17% in 2011, to $1.5 trillion, surpassing their pre-crisis average, based on preliminary UNCTAD estimates, the organization said today. FDI inflows increased in all major economic groupings ? developed, developing and transition economies.

Index of Economic Freedom 2012 finds economic freedom declining

Jan 17, http://www.heritage.org/index/default

Economic freedom declined worldwide in 2011 as many countries attempted -- without success -- to spend their way out of recession, according to the 18th annual Index of Economic Freedom, released today by The Heritage Foundation and The Wall Street Journal.

Back a Lawsuit, Get a Return

Jan 12, http://www.businessweek.com/magazine/back-a-lawsuit-get-a-return-01122012.html

The white-wigged sages of British jurisprudence outlawed investing in someone else's lawsuit for fear that feudal lords would manipulate their subjects' litigation for profit or mere sport. The 18th century British jurist William Blackstone condemned such investment, known as champerty, for "pervert[ing] the process of law into an engine of oppression."

...

The bottom line: Burford Group has raised $300 million to invest in litigation. It put $35 million to work in the last three months of 2011.

African Union mediators forward proposal on oil dispute between Sudan, South Sudan

Jan 24, http://www.sudantribune.com/AU-mediators-forward-proposal-on,41398

The African Union High Level Panel (AUHIP) has put forward a new proposal aimed at enabling Sudan and South Sudan to resolve their dispute over oil, according to official Sudanese media.

Argentina to Greek investors: sometimes it pays to take a haircut

Jan 24, http://blogs.ft.com/beyond-brics/2012/01/24/argentina-sometimes-it-pays-to-take-a-haircut/#axzz1kSyjtdhD

When countries crash, does it pay to sue? It’s a timely question, with Greece still poised in the balance. Experience in Argentina suggests that accepting – even with a brutal haircut – may end up being more in the money in the long run.

Argentina Wins Appeal in BG Group Metrogas Bankruptcy Case

Jan 18, http://www.businessweek.com/news/2012-01-18/argentina-wins-appeal-in-bg-group-metrogas-bankruptcy-case.html

Bloomberg - Argentina won a U.S. appeals court decision throwing out a $185 million dollar award to BG Group Plc, which claimed the country's freeze on natural gas prices had caused the bankruptcy of a gas distributor it controlled.

On TDM: https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=7330

Argentina-US: Defaulted Metrogas Bonds Rise After Ruling: Buenos Aires Mover

Jan 23, http://www.businessweek.com/news/2012-01-23/defaulted-metrogas-bonds-rise-after-ruling-buenos-aires-mover.html

Bloomberg - Prices on defaulted debt sold by Metrogas SA are rising from their lowest in three years after a U.S. court ruled against the parent company and the government called for a renegotiation of its contract.

Argentina: Canadian firm Osisko halts Argentina mining project

Feb 1, http://www.bbc.co.uk/news/world-latin-america-16827158

Osisko said it would put its operation in north-western La Rioja province on hold if it did not get the backing of the local population.

Australia: New South Wales Bar Association Association is now a member of ACICA

Jan 24, http://archive.nswbar.asn.au/database/in_brief/inbrief.article.php?i=3928

The New South Wales Bar Association has issued a media release, announcing that it has joined the Australian Centre for International Commercial Arbitration (ACICA). Angela Bowne SC, who chairs the Bar Association’s ADR Committee, said: "This will position our members to participate in a growing area of legal practice and access solicitors and clients engaged in international arbitration in Australia and overseas".

Big Tobacco vs Australia: Philip Morris scores an own goal

Jan 20, http://theconversation.edu.au/big-tobacco-vs-australia-philip-morris-scores-an-own-goal-4967

Mark Davison - Professor of Law at Monash University: It appears as though PMA only acquired the Australian companies in order to be able to launch this claim under the BIT. It also seems that PMA acquired assets in Australia knowing that they would be adversely affected by the forthcoming legislation.

Bolivia strips Pan American Energy of shares in gas field

Jan 24, http://www.washingtonpost.com/business/bolivia-strips-pan-american-energy-of-shares-in-gas-field/2012/01/24/gIQAhVj7NQ_story.html

The Bolivian government has decided to "revise" the participation of the Pan American Energy (PAE) LLC consortium on developing its $1.6 billion Caipipendi natural gas field in Tarija.

Border Arbitration Agreement between Slovenia and Croatia

Jan 11, http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/12/8&format=HTML&aged=0&language=EN&guiLanguage=en

Upon the initiative of the European Commission, Commissioner Füle met today with Ms Vesna Pusic, Minister of Foreign and European Affairs of the Republic of Croatia and Samuel Žbogar, Minister of Foreign Affairs of Slovenia.

Further to the regular contacts which have taken place between the Commission and the parties, the purpose of the meeting was to discuss the next steps of the implementation of the Border Arbitration Agreement signed by both countries on 4 November 2009 in Stockholm. The European Commission is neither party to this agreement nor bound by its timelines, but has been invited to perform certain functions under this agreement by the signatories.

Under the terms of the agreement, the President of the Commission and the Member of the Commission responsible for enlargement are to establish a list of candidates from which both parties shall appoint by common agreement the President of the Arbitral Tribunal and two members recognised for their competence in international law. In case the parties cannot agree within fifteen days from the establishment of this list by the Commission, the Agreement foresees that the President and the two members of the Arbitral Tribunal shall be appointed by the President of the International Court of Justice from this list.

Today's meeting has been very constructive and a useful opportunity to discuss the modalities for the establishment of the list and the process leading to the appointment of the members of the Tribunal.

The Commissioner informed the Ministers about the intention of the European Commission to communicate the list in the second half of January in order to create the best conditions for a successful launch of the Arbitration process.

Today's meeting also discussed the secretarial support to the Arbitration Tribunal.

The European Commission continues to provide its good offices to help the parties to reach a common agreement on the President and two members of the Arbitral Tribunal as foreseen in the Arbitration Agreement while respecting the confidentiality of the proceedings.

A common agreement would be a positive political signal for the further development of the good neighbourly relations between the two countries as well as for the Western Balkans regions showing how difficult issues could be solved.

Brazil's Rio State Denies Forcing Acu Port Expropriations

Dec 30, http://online.wsj.com/article/BT-CO-20111230-705398.html

Brazil prosecutor investigates whether violence was used in expropriations; Brazil's richest man is behind the $2.1 billion Acu port, industrial complex; Rio state official says talk of militia use is as "credible as Father Christmas"

Britain, Brazil disagree on disputed Falklands

Jan 18, http://www.google.com/hostednews/afp/article/ALeqM5hMqP_s2mCiPCpA7YbmE6sRM93etg?docId=CNG.f02a09f392cafaaab8362a7efd066fb0.181

BRASILIA - Rising tension over a dispute between Britain and Argentina on the Falkland Islands overshadowed the first official visit by British Foreign Secretary William Hague to Brazil Wednesday.

Bulgaria: Sofia Airport Sentenced to Pay USD 38 M to Kuwaiti Consortium

Jan 4, http://www.novinite.com/view_news.php?id=135401

"We received a letter saying that the Kuwaiti consortium had won an arbitration in Paris and Sofia Airport would have to pay USD 38 M. This technically deprives the airport of the opportunity to reinvest in in its development," Moskovski stated in a Wednesday interview for Bulgaria On Air The business magazine.

Canada: Are in-house counsel ignoring arbitration?

Jan 16, http://www.canadianlawyermag.com/4008/are-in-house-counsel-ignoring-arbitration.html

Many Canadian corporate counsel are paying insufficient attention to arbitration as an aspect of dispute resolution risk management, lawyers argue.

Canada: Court to hear Canadian Khan Resources' suit against Russia's uranium producer

Dec 30, http://rapsinews.com/judicial_news/20111230/259323808.html

RAPSI - The Ontario Superior Court (Canada) has scheduled for January 24 its next hearing of a lawsuit filed by Khan Resources, a Canadian corporation involved in uranium exploration and development, against Russian uranium producer Atomredmetzoloto JSC (ARMZ), the Ontario Attorney Office told the Russian Legal Information Agency on Friday.

China-US: AMSC-Sinovel arbitration showdown postponed in China

Jan 9, http://www.rechargenews.com/business_area/finance/article296844.ece

A hearing of the AMSC-Sinovel dispute by the Beijing Arbitration Commission scheduled for Monday has been postponed.

China-US: Beijing Arbitration Commission to hear AMSC-Sinovel case - theft of intellectual property (IP) - wind turbine component

Jan 6, http://www.rechargenews.com/energy/wind/article296802.ece

US wind turbine component maker AMSC and China's Sinovel Wind Group will go before the Beijing Arbitration Commission on Monday in the first part of an historic multi-phase legal battle over the Chinese wind giant's alleged breach of contract and theft of intellectual property (IP) from the Massachusetts company.

Congo: First Quantum Reaches Agreement With ENRC to Dispose of First Quantum's Residual DRC Assets and to Settle All Claims in Relation to First Quantum's DRC Operations

Jan 5, http://www.first-quantum.com/Media-Centre/Press-Releases/Press-Release-Details/2012/First-Quantum-Reaches-Agreement-With-ENRC-to-Dispose-of-First-Quantums-Residual-DRC-Assets-and-to-Settle-All-Claims-in-Relati/default.aspx

First Quantum Minerals Ltd. today announced that it has reached an agreement with Eurasian Natural Resources Corporation PLC ("ENRC") to dispose of its residual claims and assets in respect of the Kolwezi Tailings project, and the Frontier and Lonshi mines and related exploration interests, all located in the Katanga Province of the Democratic Republic of Congo ("DRC"), and to settle all current legal matters relating to these interests for a total consideration of US$1.25 billion.

The total consideration comprises US$750 million payable on closing together with a deferred consideration of US$500 million in the form of a 3-year Promissory Note with an interest coupon of 3% which is payable annually in arrears.

Under the terms of the acquisition, ENRC will acquire, with certain limited exceptions, all of First Quantum's assets and property either physically located within the DRC or relating to the operations formerly carried out by First Quantum and its subsidiaries in the DRC, through the acquisition of:

- Congo Mineral Developments Limited (as 65% shareholder in KMT, the former developer of the Kolwezi Tailings project); - Frontier SPRL (the former owner/operator of the Frontier Mine); - Compagnie Miniere de Sakania SPRL (the former owner/operator of the Lonshi Mine); and - Roan Prospecting & Mining SPRL (the holder of certain assets relating to the Kolwezi Tailings Project).

In connection with the transaction, and as a condition of closing, it is expected that First Quantum, ENRC and the DRC Government will settle all disputes relating to the companies being sold and their assets and operations in the DRC and, as part of such settlement, it is further expected that First Quantum, ENRC and the DRC government will be releasing one another in respect of all claims and judgments relating to the foregoing or to any other matter arising in the DRC on or before the date of closing.

Closing of the transaction is expected to occur on or before February 29, 2012 is subject to certain conditions, including receipt of any required third-party consents and approvals, and settlement of the current international arbitrations in Washington and Paris together with First Quantum's civil action in the British Virgin Islands against the Highwinds Group, which is comprised of a number of direct and/or indirect subsidiaries of ENRC.

A detailed announcement will be made on receipt of the relevant legal approvals.

Philip Pascall, Chairman and CEO of First Quantum, said: "I am satisfied that we have reached this agreement. It brings to a close First Quantum's current involvement in the DRC and secures substantial compensation for our shareholders for the loss they have suffered."

Congo: First Quantum sells Congo assets for $1.25 billion, settles expropriation dispute [pdf]

Jan 5, http://www.enrc.com/PageFiles/5637/05-01-12 Announcement - Agreement signed with First Quantum Minerals Ltd.pdf

Eurasian Natural Resources Corporation PLC

Agreement signed with First Quantum Minerals Ltd. to acquire their residual assets and settle all claims in relation to their Democratic Republic of Congo operations

Provides framework for both Companies to move forward in pursuit of their respective strategies

Agreement conditional on the completion of certain conditions and legal releases with an expected closing by end February 2012

London - Eurasian Natural Resources Corporation PLC (`ENRC' or, together with its subsidiaries, the `Group'), today announces that it has reached an agreement with First Quantum Minerals Ltd. (`FQM') to acquire their residual claims and assets in respect of the Kolwezi Tailings project, and the Frontier and Lonshi mines and related exploration interests, all located in the Katanga Province of the Democratic Republic of Congo ("DRC"), and to settle all current legal matters relating to these interests for total consideration of US$1.25 billion.

The transaction encompass a resolution relating to the Kolwezi Tailings project and the transfer of the Kolwezi processing plant to ENRC, enabling ENRC to commence the development of these operations. The transaction also provides for the release of any claims that FQM may have in relation to Frontier and Lonshi. This will provide ENRC with an opportunity to acquire the underlying licences and ultimately to develop these projects and discussions are currently underway. However, there can be no assurance as to the outcome of the licence discussions.

The total consideration comprises US$750 million payable on closing, together with a deferred consideration of US$500 million in the form of a 3-year Promissory Note with an interest coupon of 3% which is payable annually in arrears.

Under the terms of the transaction, ENRC will acquire, with certain limited exceptions, all of FQM's assets and property either physically located within the DRC or relating to the operations formerly carried out by FQM and its subsidiaries in the DRC, through the acquisition of:

- Kolwezi Investments Limited and its subsidiary Congo Mineral Developments Limited (a 65% shareholder in KMT (in liquidation), the former developer of the Kolwezi Tailings project); - Frontier SPRL (the former owner/operator of the Frontier Mine); - Compagnie Minière de Sakania SPRL (the former owner/operator of the Lonshi Mine); and - Roan Prospecting & Mining SPRL (the holder of certain assets relating to the Kolwezi Tailings Project).

The processing facility at the Kolwezi Tailings project (which is under construction) is expected to be transferred to ENRC at closing.

In connection with the transaction, and as a condition of closing, it is expected that FQM, ENRC and the DRC Government (and relevant affiliated entities) will settle all disputes relating to the companies being sold and their assets and operations in the DRC. Additionally, as part of such settlement, it is expected that ENRC, FQM and the DRC Government will be releasing one another (and relevant affiliated entities) in respect of all claims and judgments relating to the foregoing or to any other matter arising in the DRC on or before the date of closing.

Closing of the transaction is expected to occur on or before February 29, 2012. Closing of the transaction is subject to certain conditions, including the receipt of any required third party consents and approvals, and settlement of the current international arbitrations in Washington and Paris together with FQM's civil action in the British Virgin Islands against the Highwind Group, which is comprised of a number of indirect subsidiaries of ENRC.

Further details will be announced upon closing of the transaction.

BMO Capital Markets is acting as ENRC's exclusive financial advisor for this transaction.

Felix Vulis, CEO of ENRC said, "We are pleased to have secured agreement on these significant issues for our company. We have gained material assets and clarified the ownership structures in order to facilitate maximum value creation for ENRC's shareholders, the DRC and its people."

Strategic Rationale for the Transaction

Since the acquisition of CAMEC PLC in 2009, ENRC has accelerated its commodity diversification strategy and international expansion plans, and in doing so, built a solid platform for future growth as an international natural resources group. One of the key aspects of ENRC's diversification strategy has been the acquisition, consolidation and development of copper and cobalt licences within the African copperbelt. The settlement paves the way for fast track development of the Kolwezi Tailings project and for ENRC to become a significant global copper producer.

ENRC has an experienced copper and cobalt management team within the Company's Other Non-ferrous Division, who will provide the necessary expertise to develop and manage the Kolwezi and Frontier assets. Based on initial analysis this transaction is expected to be cash flow accretive within two full years of closing.

ASSET DETAILS

Kolwezi Tailings Project

The current operator of the Kolwezi Tailings project is Camrose Resources Limited (`Camrose'), which holds a 70% interest in the underlying licence. Gecamines and the DRC Government hold the remaining 25% and 5% interests in the licence respectively. ENRC owns 50.5% of Camrose in a joint-venture with the Gertler Family Trust. The processing facility at the Kolwezi Tailings project, which is approximately 75% complete, is expected to be transferred to ENRC at closing.

The Kolwezi Tailings project consists of a tailings dam, with mineral reserve of 1.7 million tonnes of copper and 363 thousand tonnes of cobalt, grading 1.49% and 0.32% respectively. The processing facility to be acquired and completed by ENRC consists of conventional SX/EW circuits for the production of copper cathodes, with a targeted production capacity of 70 thousand tonnes of copper and 10 thousand tonnes of cobalt per annum. ENRC believes that the construction of the processing plant is well advanced and, subject to the results of the pre-closing technical due- diligence, ENRC envisages that first production is possible within the next 18 months. Additional details of the business plan, including estimated capital investment, will be communicated upon completion of pre-closing due diligence and technical studies.

Frontier Processing Facility

The Frontier processing facility comprises a mill and a concentrator, located next to the Zambian border in the south east of the DRC. Peak historical production in 2009 was 92 thousand tonnes of copper concentrate, produced at a cash cost of US$1.13 per pound of copper. Subject to reaching agreement to acquire the underlying licence for Frontier, ENRC anticipates that Frontier will return to full production within the next 18 months. Additional details of the business plan, including estimated capital investment, will be communicated upon completion of relevant technical studies.

Dubai court ruling spurs rush to tweak contracts

Jan 15, http://www.arabianbusiness.com/dubai-court-ruling-spurs-rush-tweak-contracts-440538.html

Dubai's move to open up its common-law court has sparked a flurry of contract changes among foreign firms to ensure future disputes will be aired at court, the registrar has said.

Ecuador: Appeals Court Won't Block Ecuadoreans' $18B Chevron Win

Jan 20, http://www.courthousenews.com/2012/01/20/43218.htm

CN - The 2nd Circuit refused again to block indigenous Ecuadoreans from collecting on an $18.2 billion judgment against Chevron for a massive oil contamination in the Amazon.

Ecuador: Chevron Appeals Illegitimate Ruling In Ecuador - Quick Facts

Jan 20, http://www.nasdaq.com/article/chevron-appeals-illegitimate-ruling-in-ecuador---quick-facts-20120120-00730

RTTNews.com - Chevron Corp. announced that it has filed an appeal seeking review by Ecuador'sNational Court of Justice of the adverse appellate judgment issued against the company in early 2012 by a panel of three temporary judges in the environmental lawsuit in Ecuador.

Ecuador: Chevron Condemns Illegitimate Decision by Ecuador Appellate Court

Jan 3, http://www.chevron.com/chevron/pressreleases/article/01032012_chevroncondemnsillegitimatedecisionbyecuadorappellatecourt.news

Chevron Corporation today announced there has been an adverse ruling by the panel of three temporary judges presiding over appellate proceedings in the Provincial Court of Justice of Sucumbíos in Lago Agrio, Ecuador in an environmental lawsuit involving Texaco Petroleum Company, upholding a lower court's ruling from February 2011.

Chevron continues to seek recourse through legal proceedings outside of Ecuador. In the arbitration proceedings Chevron instituted against Ecuador in The Hague under the U.S.-Ecuador Bilateral Investment Treaty, the Tribunal issued an order on February 9, 2011 requiring Ecuador to take all measures at its disposal to prevent enforcement of the Lago Agrio judgment until further order of the Tribunal. The Tribunal also recorded that if it were established that any judgment made by an Ecuadorian court in the Lago Agrio case was a breach of an obligation Ecuador owed to Chevron as a matter of international law, any loss arising from the enforcement of such judgment (within and without Ecuador) may be losses for which Ecuador would be responsible to Chevron under international law. Chevron also is pursuing an action in the U.S. District Court for the Southern District of New York against the Lago Agrio plaintiffs' representatives for violations of the federal racketeering statute, common-law fraud, and other relief based upon the overwhelming evidence of their fraud and corruption.

Ecuador: Chevron ordered to pay $18b for polluting Amazon

Jan 4, http://tvnz.co.nz/world-news/oil-giant-ordered-pay-18b-polluting-amazon-4674676

An Ecuadorean appeals court yesterday upheld a ruling that Chevron Corp should pay US$18 billion in damages to plaintiffs who accused the US oil giant of polluting the Amazon jungle and damaging their health.

Ecuadoreans Ask Hague for Leave to Collect $18.2B From Chevron

Jan 11, http://www.courthousenews.com/2012/01/11/42960.htm

CN - The Ecuadorean government urged The Hague to let a group of its natives collect an $18.2 billion judgment from Chevron to clean up an oil spill they call the "Amazon's Chernobyl."

EFTA holds fourth round of free trade negotiations with Russia, Belarus and Kazakhstan

Jan 23, http://www.efta.int/free-trade/free-trade-news/2012-01-19-efta-rubeka-fourth-round.aspx

Delegations from the EFTA States and Russia, Belarus and Kazakhstan met for a fourth round of negotiations on a broad-based preferential trade agreement from 16 to 19 January 2012 in Kazan, Russia.

Egypt: Damac, Al-Futtaim to Settle Mubarak-Era Land Purchase Disputes With Egypt

Jan 10, http://www.arabianbusiness.com/egypt-settle-damac-al-futtaim-land-disputes-439182.html

An Egyptian government commission has approved the settlement of disputes with Dubai's Damac Properties and Al Futtaim Group, according to Fayza Aboulnaga, minister of planning and international cooperation.

Egyptian gas shipments to Israel resume on a limited basis: sources

Jan 17, http://www.platts.com/RSSFeedDetailedNews/RSSFeed/NaturalGas/3896573

Egyptian gas supplies to Israel resumed on a limited basis Tuesday after the latest cutoff of nearly two months, according to Israeli energy industry sources.

Ethiopia: Court Closes Vergnet, Hydro Case for Lack of Jurisdiction

Jan 1, http://addisfortune.com/Court%20Closes%20Vergnet,%20Hydro%20Case%20for%20Lack%20of%20Jurisdiction.htm

A Presiding judge, at the Federal High Court Eighth Civil Bench closed a 50.4 million Br civil suit between Vergnet SA, a French company involved in a wind farm project in Ethiopia, and Hydro Construction & Engineering Company Ltd for lack of jurisdiction.

Gazprom CEO questions EU gas unbundling rules

Jan 26, http://specials.forbes.com/article/04CWfihcGoedR

Reuters - EU rules designed to boost third-party participation on Russian pipes shipping gas to Europe could trigger legal steps by Russia, the head of Russian gas giant Gazprom said in an interview with a German newspaper published on Thursday.

Gazprom Snubs Ukraine Plan to Cut Gas Sales, Fueling Discord

Jan 12, http://www.businessweek.com/news/2012-01-12/gazprom-snubs-ukraine-plan-to-cut-gas-sales-fueling-discord.html

Bloomberg - OAO Gazprom, Russia's gas-export monopoly, rejected a plan by Ukraine to reduce deliveries of the fuel by almost half as the two sides dispute the terms of a supply accord.

Geimex: arbitration decision in the dispute between the Baud family and Casino

Dec 28, http://www.groupe-casino.fr/en/Leader-Price-Geimex-arbitration.html

- The Casino Group will have to pay €7.25M to the Baud family compared to €550M they originally requested;

- Given the "obvious exaggeration" of their demands, the Baud family has been ordered to reimburse €1M to the Casino Group for legal costs incurred

Casino has become aware of the arbitration decision in the dispute between Casino and the Baud family, as a shareholder of Geimex, which operates the Leader Price brand internationally.

The Baud family accused Casino to have intentionally deprived them of their preferential right when proceeding with the disposal of the polish assets to the Tesco group in 2006. They sought €550M for compensation, reduced to €517M as of the day of the court hearing. Casino, for its part, has always acknowledged the omission of notification but pleaded the unintentional nature of this omission and objected to the obviously excessive demands of the Baud family.

In its decision of December 23, 2011, the arbitration tribunal rejected all claims of intent from Casino and awarded damages of €7.25M for the loss of opportunity caused by the omission of notification, only 1.4% of the amount claimed by the Baud family as reported by the arbitration tribunal.

Casino will have to pay that amount to the Baud family minus €1M, paid by the Baud family to Casino to reimburse legal costs, in light of the "obvious exaggeration" of their demands.

This €6.25M is therefore disproportionate to the Baud family's initial demands and has no significant impact on the Group's accounts.

Germany: Vattenfall Mulls Constitutional Complaint Over German Nuclear Exit

Jan 20, http://www.energia.gr/article_en.asp?art_id=25527

Vattenfall Group is seeking billions of euros in financial compensation from the German government over its accelerated exit from nuclear power generation, and is pursuing a double-tracked legal strategy, the company's head of energy production said in an interview with The Wall Street Journal Deutschland.

Ghana: Waterville dragged to Int'l Court of Arbitration over Woyome saga

Jan 3, http://www.citifmonline.com/index.php?id=1.721377

A Non-Governmental Organization, Generational Youth Movement has filed a suit at the International Court of Arbitration against WATERVILLE for defrauding Ghana of 25 million dollars.

Hong Kong: Yantai North Andre Juice Co. Ltd receives notice of arbitration, Agrana Juice Holding GmbH

Jan 6, http://www.4-traders.com/YANTAI-NORTH-ANDRE-JUICE-9059211/news/YANTAI-NORTH-ANDRE-JUICE-CO-LTD-Voluntary-Announcement-08-01-2012-13959728/

This announcement is made on a voluntary basis. On 14 December 2011, Yantai North Andre Juice Co., Ltd. (the "Company") received a notice of arbitration (the "Arbitration Notice") issued by the ICC International Court of Arbitration (the "Court"). According to the Arbitration Notice, Agrana Juice Holding GmbH (previously known as Agrana Juice GmbH) ("Agrana") submitted an arbitration application (the "Arbitration Application") in respect of a dispute arising from an Allocation Agreement dated 14 January 2011 between the Company and Agrana relating to the purchase of the apple juice concentrate. In the Arbitration Application, Agrana requests for a sum of USD 9,785,656 (equivalent to RMB 64,551,079) in damages from the Company. The Company will file an answer to the claim and a counterclaim against Agrana as soon as possible.

The Company considers that it has reasonable defence to the claim and will put forward a substantiated counterclaim. Based on the understanding of the dispute and the proposed counterclaim against Agrana, the Board believes the Arbitration Application is unlikely to have material impact on the financial position of the Group.

India may exclude clause on lawsuits from trade pacts

Jan 29, http://www.livemint.com/2012/01/29231517/India-may-exclude-clause-on-la.html?h=B

The DIPP which allows firms of the partner country investing in India to take legal action against the govt at a global forum in case of any dispute has in principle decided not to include such a condition

India: Oil Min asks RIL to withdraw arbitration notice

Jan 30, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/oil-min-asks-ril-to-withdraw-arbitration-notice/articleshow/11685617.cms

NEW DELHI: The Petroleum Ministry has asked Reliance Industries to immediately withdraw its arbitration notice against the proposed move to curtail cost-recovery at its KG-D6 gas fields, saying "as on date", there was no cause for such action.

India: Oil ministry may deny RIL cost claim

Jan 5, http://www.livemint.com/2012/01/04224133/Oil-ministry-may-deny-RIL-cost.html?atype=tp

India's petroleum ministry has gone on the offensive in its ongoing dispute with Reliance Industries Ltd (RIL) and is proposing to deny $1.24 billion (around Rs.6,585 crore today) in costs claimed by the company on the D6 field in the Krishna-Godavari (KG) basin, which could potentially put the squeeze on its profits.

India: Petroleum ministry to refund $120mn to Cairn India & Ravva Oil

Dec 28, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/petroleum-ministry-to-refund-120mn-to-cairn-india-ravva-oil/articleshow/11275197.cms

The Indian government will have to refund $120 million to Cairn India and Ravva Oil, the joint venture partners operating an oil and gas block in the Krishna-Godavri basin, after Malaysia's top court ruled in their favour.

India: RIL names S P Bharucha as arbitrator in KG-D6 cost issue - The Economic Times

Jan 23, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/ril-names-s-p-bharucha-as-arbitrator-in-kg-d6-cost-issue/articleshow/11604470.cms

Reliance Industries has proposed to appoint former Chief Justice of India SP Bharucha as its arbitrator against the government to resolve the issue of cost recovery from KG-D6 gas block.

India: Supreme Court orders Essar Oil to pay Rs 6.3K cr sales tax to Gujarat

Jan 18, http://www.indianexpress.com/news/sc-orders-essar-oil-to-pay-rs-6.3k-cr-sales-tax-to-gujarat/900852/

In the Supreme Court, Essar had contended that its project had failed to take off start during the required period because of an 'Act of God' - a cyclone that hit the Gujarat coast in 1998. The refinery had started operating only in 2006. The Vadinar refinery is also the subject of an arbitration process in which the company is claiming about Rs 3,020 crore from United India Insurance. The company argued that it had provided for the tax payment in case it lost the case.

India: Telenor, Unitech locked in dispute over Uninor

Jan 18, http://www.livemint.com/2012/01/17224932/Telenor-Unitech-locked-in-dis.html

Unitech Ltd and Norway's Telenor ASA are locked in a bitter dispute over a proposed Rs. 8,000 crore rights offer by their joint venture Uninor. The Norwegian company will look for a third party to take up the slack if Unitech, hurting because of the probe into telecom spectrum allocation and a slump in real estate, won't agree to pick up its share of the rights offer.

India: Vodafone to Invest Further in India After Tax Case Win

Jan 20, http://online.wsj.com/article/SB10001424052970204616504577172461677656258.html

LONDON - Vodafone Group PLC plans to invest further in India after the nation's Supreme Court ruled that the mobile giant doesn't have to pay a $2.2 billion tax bill on its 2007 purchase of a majority stake in Indian mobile operator Hutchison Essar Ltd, Chief Executive Vittorio Colao said Friday.

Israel: Yossi Langotsky wins arbitration against Beny Steinmetz over Tamar

Dec 29, http://www.globes.co.il/serveen/globes/docview.asp?did=1000711054&fid=1725

Geologist Joseph (Yossi) Langotsky is on his way to quick riches: after two years of an arbitration procedure against Beny Steinmetz, the arbitrator, Judge (emeritus) Boaz Okun decided this morning in favor of Langotsky, and ruled that Steinmetz's Scorpio was responsible for Langotsky losing his rights in the Tamar gas discovery.

The decision to review the contracts was communicated to the Italian firm's Chief Executive Officer Paolo Scaroni on Wednesday by Prime Minister Abdel Rahim al-Kib during a meeting, the statement from Kib's office said.

Libya to review contracts with Italian oil major ENI

Dec 29, http://www.google.com/hostednews/afp/article/ALeqM5gmjq83aI_d7NFYIXtWHKjkw0GyRw?docId=CNG.008f37e075e8246666ba7f1fd81b17b7.301

AFP - Libya on Thursday said it will review its contracts with Italy's ENI and insisted the oil major participate in reconstructing cities destroyed by Moamer Kadhafi's forces in the conflict.

Myanmar: Continued FDI influx depends on government, say investors

Jan 9, http://www.mmtimes.com/2012/business/609/biz60903.html

POTENTIAL foreign investors say government efforts to reform economic policy are key to boosting investment in the country at a time when the international spotlight is shining on Myanmar. However, the reform efforts appear to be working for now. Even the United Arab Emirates (UAE), which sits at 18 on the list of foreign investor nations in Myanmar with a total of US$41 million according to Myanmar Investment Commission (MIC), is exploring new opportunities in Myanmar.

Pakistan to file lawsuit in ICA against award of carbon credits to India

Jan 18, http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=88110&Cat=6&dt=1/18/2012

Pakistan is all set to become the first country filing a lawsuit against the United Nations Framework Convention on Climate Change (UNFCCC) in the International Court of Arbitration (ICA) for awarding carbon credits to India on highly controversial Nimoo-Bazga Dam, sources said here on Tuesday.

Pakistan to go int'l court of arbitration over carbon credits on hydro project

Jan 2, http://ibnlive.in.com/generalnewsfeed/news/pak-to-go-intl-court-over-carbon-credits-on-hydro-project/945122.html

PTI - Pakistan will challenge in the international court of arbitration a decision by a UN climate agency to grant carbon credits to India on a hydropower project without clearance of its trans-boundary environmental impact, a media report said today. An inquiry by the Water and Power Ministry concluded that India secured carbon credits for the 45 MW Nimoo-Bazgo hydropower project from the UN Framework Convention on Climate Change without mandatory clearance from Pakistan, the Dawn newspaper quoted its sources as saying.

Pakistan: Balochistan govt hires int'l lawyers to contest Reko Diq case - Team of five legal experts includes wife of former British PM Tony Blair

Jan 16, http://www.dailytimes.com.pk/default.asp?page=2012%5C01%5C16%5Cstory_16-1-2012_pg7_2

The Balochistan government has engaged the services of reputed international lawyers to defend its point of view in the international arbitration in connection with the Reko Diq case.

The lawyers are: Arthur Marriott QC, Cherry Blair QC, Ahmar Bilal Sufi, Barrister Mehnaz Malik and Balochistan Advocate General Amanullah Kunrani.

Pakistan: Controversial Power Project

Jan 14, http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=87453&Cat=6

The Pakistani authorities are in a fix about how India successfully managed to secure carbon credits on highly controversial Nimoo-Bazgo power project by UN Framework Convention on Climate Change (UNFCCC) without its ratification of mandatory Environmental Assessment Report (EIA), sources said here on Wednesday. Sources said the concerned authorities have thoroughly reviewed all official record that showed that no authority from Pakistan ratified EIA for this project thus creating a doubt that India might have provided fake information to UNFCCC to earn carbon credits for financial gains.

Pakistan: Ministry to probe Jamaat’s ‘negligence’

Jan 21, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/islamabad/21-Jan-2012/ministry-to-probe-jamaat-s-e2-80-98negligence

ISLAMABAD - Water and Power Ministry has formed an Investigation Committee to further probe against the alleged negligence of former Indus Water Commissioner Syed Jamaat Ali Shah in 45 MW Nimoo Bazgo hydro-power project built by India on the Indus River.

Pakistan: Neelum-Jhelum project may be completed ahead of schedule

Jan 25, http://paktribune.com/news/Neelum-Jhelum-project-may-be-completed-ahead-of-schedule-247001.html

ISLAMABAD: Pakistan has joined the high-tech club of countries in excavating miles-long tunnels with the arrival of two TBMs (tunnel-boring machines) from Germany that will expedite the excavation of 32- km-long water tunnel for 969MW Neelum-Jhelum Hydropower Project, a senior Wapda official told our sources.

Pakistan: Supreme Court to resume Reko Diq hearing as Balochistan fights international arbitration

Jan 30, http://tribune.com.pk/story/329192/supreme-court-to-resume-reko-diq-hearing-as-balochistan-fights-international-arbitration/

ISLAMABAD: The fight over mining rights of Balochistan’s gold and copper reserves is being waged at home, and abroad. While the provincial government contests international arbitration, the Supreme Court has set February 2 for resumption of proceedings against the Tethyan Copper Company’s (TCC) right to extract reserves worth billions of dollars.

Peru brings in consultants on future of huge mine

Jan 25, http://www.brecorder.com/world/south-america/43451-peru-brings-in-consultants-on-future-of-huge-mine.html

Peru brought in three foreign consultants to make recommendations on a $4.8-billion mining project that sparked violent protests before the government put it on hold, Prime Minister Oscar Valdes said Tuesday.

It's final: Phl gov't wins NAIA-3 case in Singapore

Jan 27, http://www.philstar.com/Article.aspx?articleId=771675&publicationSubCategoryId=63

MANILA, Philippines - After nine years, the arbitration case between the Philippine government and the Philippine International Air Terminals Co. (Piatco) is finally over.

Philippines: No, NAIA-3 case isn't over - Piatco

Jan 27, http://www.abs-cbnnews.com/business/01/27/12/piatco-no-naia-3-case-isnt-over

The builder of the Ninoy Aquino International Airport (NAIA) Terminal 3 said on Friday its legal battle with the government over just compensation for the expropriation of the airport is not yet over as the case is pending before the Court of Appeals.

Russia Denies Paying Fine on Iran Missile Contract

Jan 20, http://en.ria.ru/mlitary_news/20120120/170867782.html

Russia has returned a prepayment it received for S-300 surface-to-air missile systems it ultimately refused to deliver to Iran but has paid no penalty, Russian Technologies chief Sergei Chemezov said on Friday.

Russia: Court declines to review $13 mln award to Federal Grid Company

Jan 30, http://rapsinews.com/judicial_news/20120130/259860054.html

RAPSI - The Supreme Commercial Court has refused to reconsider the arbitration tribunal's decision awarding the Federal Grid Company of Unified Energy System (FGC UES) $12.7 million in a lawsuit against a regional grid company...

Russia: Court Obliged Brestenergo to Return $18.5 Million to Alfa Bank

Jan 17, http://telegraf.by/en/2012/01/sud-obyazal-brestenergo-vernut-alfa-banku-18-5-mln-dollarov

Moscow Arbitration Court partially sustained the claim of the Russian Alfa Bank to recover the indebtedness under the credit agreement from the Belarusian company Brestenergo. The court obliged Brestenergo to pay $15.61 million to the bank of the principal debt, $2.4 million of interest on the loan and $500 thousand of forfeit.

Russia: Gazprom Cuts Prices for European Customers

Jan 17, http://en.ria.ru/business/20120117/170802951.html

Russian gas export monopoly Gazprom has cut gas prices for long-term contracts with European energy firms to bring them in line with trends on spot markets, the head of Gazprom's export arm Alexander Medvedev said on Tuesday. The companies for which Gazprom has now cut gas prices, are not among the firms that appealed to arbitration in Sweden. In response to arbitration appeals by some European companies, Gazprom said it could reach agreement with some European consumers by the end of 2011 outside arbitration proceedings.

Russia: Gazprom Price Retreat Offers EON Hope as Euro Crisis Cuts Demand

Jan 18, http://news.businessweek.com/article.asp?documentKey=1376-LXY9F56JIJUP01-3IRJFVQJKLPAPNBU5Q960TD2HG

Bloomberg - OAO Gazprom's decision to cut prices for five customers signals a weakening position for Russia in Europe's gas market as the economic crisis erodes energy demand.

Russia: Oil giant denied suspension of litigation over secret board minutes

Jan 11, http://rapsinews.com/judicial_news/20120111/259500367.html

RAPSI - A commercial court has turned down on Wednesday Rosneft's request to suspend the litigation initiated by its minority shareholder Alexei Navalny on supplying him with the minutes of its board meetings for 2009, RAPSI reports from the courtroom.

Russian Court Hands BP Win In Case Against TNK-BP Minorities

Jan 26, http://www.foxbusiness.com/news/2012/01/26/russian-court-hands-bp-win-in-case-against-tnk-bp-minorities/

Dow Jones - A Siberian arbitration court Thursday rejected an appeal by minority shareholders in BP PLC's (BP) Russian joint venture, OAO TNK-BP Holding (TNBP.RS), in a multi billion-dollar lawsuit, marking a small victory for the U.K. oil major.

Russian potash investor wins case over missing shares

Dec 28, http://www.reuters.com/article/2011/12/28/uralkali-silvinit-idUSL6E7NS0QQ20111228

Reuters - Billionaire investor Anatoly Lomakin was awarded 1.7 billion roubles ($54 million) by a Russian court after shares in potash miner Silvinit disappeared from his account, the miner's successor company Uralkali said on Wednesday.

No Gas Accord With Ukraine Yet

Jan 11, http://www.themoscowtimes.com/business/article/no-gas-accord-with-ukraine-yet/450936.html

Ukraine and Russia locked horns Wednesday over Kiev's plans to cut its demand for gas, in a scenario reminiscent of previous spats that temporarily halted Russian gas flows to Europe.

Ukraine ready to apply to International Court of Arbitration in case of fruitless gas talks with Russia - Azarov

Dec 29, http://www.interfax.com.ua/eng/main/90441/

"Ukraine is prepared for the consideration of our dispute at the International Court of Arbitration, but we expect that if mutual understanding is not reached in relations between the strategic partners, then such an opportunity remains the only option for us," he wrote on his Facebook page.

Ukraine: Trilateral Deal with EU, Russia Only Way to Avoid Gas War

Jan 23, http://www.oilandgaseurasia.com/news/p/0/news/14009

"The proposal to create a tripartite gas consortium ... that was drafted by the government of [the current Ukrainian President Viktor] Yanukovych in 2004 is the only option," Azarov said at a press conference on Friday, as cited by RIA Novosti.

Rwanda: Coffee Exporters Cry Foul Over Breached Contracts

Jan 27, http://allafrica.com/stories/201201270275.html

Coffee exporters have petitioned the Private Sector Federation (PSF) to intervene and help follow up breached contracts that could result in financial losses as their foreign buyers continue to dishonour business contracts.

...

"PSF has the capacity to help you resolve all these challenges," he said, adding that exporters should start looking at using the Kigali International Arbitration Centre, which expected to be operational soon.

SBM Offshore: Update on YME MOPUStor platform

Jan 24, http://www.sbmoffshore.com/DOCS/PressRelease-20120124-01.pdf

As stated on 11 January 2012, SBM Offshore is facing increased challenges with the hook up and commissioning of the Yme platform. Continuing intransigence and unreasonable client demands, which are being aggressively resisted, are contributing significantly to the very low productivity and increased scope of work, all of which are the subject of arbitration proceedings with the client. This is further exacerbated by continuing bad weather.

Serbia - Government passes Conclusion regarding Srbija-Turist

Jan 19, http://www.srbija.gov.rs/vesti/vest.php?id=83013

The Ministry of Economy and Regional Development stated that at today’s session the government passed a Conclusion about the decision of the International Court of Arbitration in the case between Uniworld Holdings Ltd from California, USA, the Privatisation Agency and Nis-based Srbija-Turist, based on which Srbija-Turist shall be returned to Uniworld Holdings Ltd.

The arbitration award of 14 May 2011, among others, establishes that Uniworld Holdings Ltd had invested $5,637,000 (instead of $6,780,000) before 31 December 2005, therefore the arbitration decided that the company should invest an additional $3,362,997 in Srbija-Turist in order to meet all contractual obligations.

The government concluded that it is necessary that the Privatisation Agency immediately suspends all proceedings instituted against Uniworld Holdings Limited.

On the other hand, this US company is required to submit a statement giving up all existing and future demands to Overseas Private Investment Corporation (OPIC) for investments currently underway in Serbia.

Compliance with the final decision of the International Court of Arbitration will contribute to improving economic cooperation between Serbia and the United States and will provide an increased inflow of FDIs from the United States, supported by OPIC.

The investments, due to the dispute with Srbija-Turist, have been blocked by OPIC for a long time, recalls the statement.

Slovenia, Croatia agree arbiters for border dispute

Jan 18, http://www.euractiv.com/enlargement/slovenia-croatia-agree-arbiters-border-dispute-news-510223

Croatia and Slovenia agreed yesterday (January 17) on the appointment of judges to arbitrate their border dispute, easing the way for Croatia's accession to the European Union.

http://www.euractiv.com/enlargement/slovenia-croatia-agree-arbiters-border-dispute-news-510223

Slovenia, Croatia seek end to border dispute

Jan 4, http://www.focus-fen.net/?id=n267853

The Slovenian and Croatian foreign ministers will meet on January 10 in Brussels to finalise the creation of an arbitration tribunal to solve a long-standing border row, officials said Wednesday, cited by AFP.

Sri Lanka awarded legal fees in oil hedging dispute with Citibank

Dec 29, http://www.lankabusinessonline.com/fullstory.php?nid=1896338001

LBO - A Singapore arbitrator has ordered Citibank to pay Sri Lanka's state petroleum refiner 2.5 million US dollars as legal fees in an oil hedging deal dispute, a statement said.

Sri Lanka: Expropriation law, FX policy uncertainty seen deterring FDI

Jan 9, http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=42844

The uncertain policy environment regarding the exchange rate with the Treasury and Central Bank pulling in opposite directions, and the recently passed expropriation law, could deter investors from making their crucial inputs to the economy which is expected to see slower growth this year, Standard Chartered Bank says.

Stockholm court to continue examining Gazprom complaint against Lithuanian govt in June

Jan 21, http://www.steelguru.com/russian_news/Stockholm_court_to_continue_examining_Gazprom_complaint_against_Lithuanian_govt_in_June/246527.html

Interfax reported that the Arbitration Institute of the Stockholm Chamber of Commerce will examine the dispute between the Lithuanian government and Russian gas major OJSC Gazprom which together with Germany E.ON Ruhrgas are shareholders in Lithuanian gas utility Lietuvos dujos in June.

Turkey takes Iran to arbitration over gas price

Jan 31, http://af.reuters.com/article/energyOilNews/idAFL5E8CV2JN20120131

Turkey imports 10 billion cm from Iran annually; Price dispute unrelated to U.S, EU economic sanctions against Iran.

Turkey to sue Iran at arbitration court over price of imported gas

Jan 16, http://en.trend.az/capital/energy/1980585.html

Turkey will sue Iran at the International Court of Arbitration to dispute price of gas imported from the country, the Milliyet newspaper quotes Turkish Energy and Natural Resources Minister Taner Yildiz as telling journalists on Monday.

U.S. Enforcement of a $55 Million ICC International Arbitration Award Under The New York Convention

Jan 20, http://www.stblaw.com/siteContent.cfm?contentID=3&itemID=73&focusID=3219

Press release - On January 19, 2012, Judge Miriam Goldman Cedarbaum of the Southern District of New York denied the petition of VRG Linhas Aéreas S.A. (“VRG”), a Brazilian airline, to enforce in the United States under the United Nations Convention on the Recognition and Enforcement of Arbitral Awards (the “New York Convention”) an International Chamber of Commerce (“ICC”) international arbitration award of US $55 million rendered in Brazil against STB clients MatlinPatterson Global Opportunities Partners II L.P. and MatlinPatterson Global Opportunities Partners (Cayman) II L.P. (collectively, the “MP Funds”).

U.S. Private Equity Shop, Abu Dhabi Investment Firm Clash Over Default Claim

Jan 5, http://www.forbes.com/sites/nathanvardi/2012/01/05/investment-firm-linked-to-abu-dhabis-royal-family-embroiled-in-default-fight-with-u-s-private-equity-shop/

Emirates International Investment Company has initiated an arbitration proceeding against ECP MENA Growth Fund, a poorly performing fund of $1.8 billion Washington D.C. private equity firm Emerging Capital Partners, and claimed in a recently filed lawsuit that ECP has invoked a "draconian interpretation of the default provisions as a retaliatory measure to cause maximum financial harm."

U.S. reduces claim in timber stumpage spat

Jan 29, http://www.princegeorgecitizen.com/article/20120129/PRINCEGEORGE0101/301299991/-1/princegeorge/us-reduces-claim-in-timber-stumpage-spat

The U.S. claim under the Softwood Lumber Agreement (SLA) against Canada for alleged subsidies on British Columbia’s timber stumpage rates has been reduced by nearly $200 million, an industry observer says.

U.S. slaps sanctions on China state energy trader over Iran

Jan 12, http://www.reuters.com/article/2012/01/12/us-iran-usa-sanctions-idUSTRE80B1DW20120112

Reuters - The United States on Thursday imposed sanctions on China's state-run Zhuhai Zhenrong Corp, which it said was Iran's largest supplier of refined petroleum products, as it sought to impress on Beijing and Tehran its resolve to increase economic pressure over Iran's nuclear program.

U.S., Canada extend multibillion-dollar softwood lumber agreement

Jan 23, http://www.canada.com/business/Canada+extend+multibillion+dollar+softwood+lumber+agreement/6038295/story.html

OTTAWA - Days after the Obama administration rejected the Keystone XL pipeline proposal, the U.S. has thrown a trade olive branch to Canada - agreeing to extend a contentious softwood lumber deal until 2015.

U.S.-India Trade Forum Postponed to Better Prepare for It

Jan 16, http://www.indiawest.com/news/2514-u-s-india-trade-forum-postponed-to-better-prepare-for-it.html

U.S. Trade Representative Ron Kirk has announced a postponement of the eighth round of the U.S.-India Trade Policy Forum, which had been scheduled for Jan. 12-13 in New Delhi, PTI reported Jan. 10.

UK: Merrill Lynch appointed to find partners to develop Falklands' oil project

Jan 16, http://en.mercopress.com/2012/01/16/merrill-lynch-appointed-to-find-partners-to-develop-falklands-oil-project

Rockhopper Exploration which recently discovered oil and gas in Falkland Islands waters has appointed Bank of America Merrill Lynch to lead the process of finding a partner for its 2 billion dollars oil project in the North Falkland basin, reports the London media. ... However any new partner will have to weigh up the political risk of entering an agreement in the Falklands which remain a serious dispute between Britain and Argentina, which continues to claim sovereignty over the Falklands/Malvinas Islands and surrounding maritime spaces.

Ukraine Enters Final Russia Gas Push as Yanukovych Seeks to Duck Demands

Jan 16, http://www.bloomberg.com/news/2012-01-16/ukraine-enters-final-russian-gas-push-in-bid-to-duck-imf-demands.html

Ukraine's talks with Russia over cheaper natural-gas imports failed to make a breakthrough as it seeks to avoid the increases in household fuel costs needed to revive a $15.6 billion bailout.

US senators write to Obama to get BIT with India going

Jan 6, http://news.in.msn.com/international/article.aspx?cp-documentid=5730306

PTI - 10 American Senators have urged US President Barack Obama to expedite on going negotiations on a bilateral investment treaty (BIT) with India, noting that this has the potential to produce tremendous benefits to companies from both the countries.

US Supreme Court rules in favor of arbitration in credit card case

Jan 10, http://www.suntimes.com/business/9926189-420/supreme-court-rules-in-favor-of-arbitration-in-credit-card-case.html

AP - The Supreme Court has decided that disputes between consumers and companies that issue low-rate credit cards to people with bad credit ratings must be handled in business-friendly arbitration, rather than federal court.

US Trade Rep Cites Antigua & Barbuda

Jan 3, http://www.caribarena.com/antigua/news/latest/99328-us-trade-rep-cites-antigua-a-barbuda.html

... In connection with the mandatory factors "Nationalization/Expropriation" and "Arbitral Awards," the US Trade Representative makes reference to questions that have arisen under these headings pertaining to certain countries. In terms of the report, Antigua & Barbuda must be seen as one of these countries - along with Belize and also Haiti, where several dormant cases linger.

US, Mauritius Hold Trade and Investment Framework Agreement (TIFA) Consultations

Jan 20, http://www.tax-news.com/news/US_Mauritius_Hold_TIFA_Consultations____53548.html

Deputy United States Trade Representative Demetrios Marantis has led a US delegation to Mauritius for talks with the local government under the US-Mauritius Trade and Investment Framework Agreement (TIFA), to discuss a broad range of issues relating to their bilateral trade and investment relationship.

US-Mexico: Madoff Arbitration Award

Jan 16, http://www.dkrpa.com/blog/2012/01/madoff-arbitration-award.shtml

The national plaintiff securities law firm of Dimond Kaplan & Rothstein, P.A. obtained an American Arbitration Association award of more than $250,000 on behalf of a Mexican investor who lost all of his money in the now-infamous Bernie Madoff Ponzi scheme. The investor was placed in the Anchor Hedge Fund, a Madoff "feeder" fund, by the Florida investment advisory firm Sovereign International Asset Management, Inc. ("Sovereign"). Sovereign represented that Anchor was a diversified "fund of funds." In truth, Anchor actually invested investors' money only in the Madoff Ponzi scheme.

US: Jefferies, Nasdaq Agree to Resolve Lawsuit in Arbitration

Dec 31, http://www.businessweek.com/news/2011-12-31/jefferies-nasdaq-agree-to-resolve-lawsuit-in-arbitration.html

Bloomberg - Jefferies Group Inc. and Nasdaq OMX Group Inc. agreed to go to arbitration to resolve a fraud lawsuit filed by Jefferies over in

US: Mercer International Inc. Announces NAFTA Claim

Jan 26, http://www.mercerint.com/i/pdf/news/2012-12-26-NR.pdf

NEW YORK, NY, January 26, 2012 -- Mercer International Inc. (Nasdaq: MERC, TSX: MRI.U) today served a Notice of Intent to Submit a Claim to Arbitration (the "Notice") on the Government of Canada for breaches by it of its obligations under the North American Free Trade Agreement ("NAFTA"). Under NAFTA, Mercer's investments in Canada are to be treated on a basis that is no less favorable than the most favorable treatment afforded to Canadian investors. Mercer's NAFTA claim (the "Claim") relates to its investments in its Castlegar pulp mill (the "Mill").

US: State's billion-dollar BP suit over 2006 Prudhoe spills going to arbitration

Jan 14, http://www.petroleumnews.com/pntruncate/672030794.shtml

The state's civil suit against BP over the high-profile pipeline leaks in the Prudhoe Bay oil field in 2006 is headed to arbitration. On Dec. 29, attorneys for the state and the oil company filed a "stipulation to stay litigation." The filing said a stay would "allow the parties to proceed with an arbitration of the present dispute." Although the state sought a variety of damages in its suit, the arbitration will focus on only one claim: the amount of royalty income the state might have lost as a result of the leaks and subsequent shut-ins to accommodate pipeline repair and replacement work.

US: SunOpta Provides Update on Arbitration Ruling Related to Colorado Sun Oil Processors Matter (NASDAQ:STKL)

Jan 9, http://investor.sunopta.com/releasedetail.cfm?ReleaseID=637749

SunOpta Inc. today announced that it has received the rendered decision of the arbitrator in the Colorado Mills LLC v Sunrich LLC arbitration matter. This action was initiated as a Colorado State Court action by Colorado Mills LLC ("Colorado Mills") in March, 2010 seeking arbitration of claims relating to a 2008 Joint Venture Agreement ("JVA") between Colorado Mills and SunOpta Grains and Foods Inc. (formerly Sunrich LLC, herein "Grains and Foods"). The case was referred to arbitration, where each party asserted claims against the other with regards to pricing and delivery of sunflower crude oil as per the terms of the JVA.

After a hearing and submission of proposed findings by each party, the arbitrator ruled in favor of Colorado Mills and denied the claims put forward by Grains and Foods. As a result the arbitrator concluded that Colorado Mills should recover $4,815,507 in money damages from Grains and Foods, prejudgment interest in the sum of $430,742, and post-judgment interest at the rate of 8%.

SunOpta has filed a Notice of Arbitration Award and Intent to File a Motion to Vacate this ruling. The appeal is based on SunOpta's belief that key evidence was excluded from the record during the proceeding, including certain physical and testimonial evidence, thus resulting in inaccuracies in the decision.

The full amount of the award will be recorded in fiscal 2011 with an after tax expense of approximately $3.6 million. Adjustments to the accrual may be made in future periods depending on the outcome of the appeal.

Chavez Calls Exxon's Venezuela Arbitration Demands 'Crazy'

Jan 4, http://www.bloomberg.com/news/2012-01-04/chavez-calls-exxon-s-venezuela-arbitration-demands-crazy-.html

Venezuelan President Hugo Chavez said today that Exxon Mobil Corp.'s demand for as much as $12 billion in international arbitration for assets seized in the South American country in 2007 was "crazy."

Nothing left for Exxon, Venezuela says

Jan 11, http://www.upi.com/Business_News/Energy-Resources/2012/01/11/Nothing-left-for-Exxon-Venezuela-says/UPI-75251326292200/

UPI - With a dispute with Exxon Mobil headed to an international court of arbitration, the Venezuelan oil minister said there's nothing left to offer.

Venezuela Needs as Many as 15 Years to Leave Arbitration Court

Jan 17, http://www.businessweek.com/news/2012-01-17/venezuela-needs-as-many-as-15-years-to-leave-arbitration-court.html

Bloomberg - Venezuela will need as many as 15 years to renegotiate bilateral investment treaties before it can leave the World Bank arbitration court, said Prosecutor General Carlos Escarra.

Venezuela officially withdraws from Icsid

Jan 25, http://www.eluniversal.com/economia/120125/venezuela-officially-withdraws-from-icsid

The Ministry of Foreign Affairs announced that on January 24 it officially notified the World Bank of its "irreversible denunciation" of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States

Venezuela risks disputes with other States over Exxon case

Jan 14, http://www.eluniversal.com/economia/120114/venezuela-risks-disputes-with-other-states-over-exxon-case

Experts warn that assets owned by Pdvsa and the Bolivarian Republic could be liquidated ... ExxonMobil claims that Venezuela infringed an agreement with the Kingdom of the Netherlands and, therefore, the terms of such agreement should be enforced.

Venezuela to Quit World Bank Arbitration Body

Jan 16, http://www.nytimes.com/2012/01/16/business/global/venezuela-to-quit-world-bank-arbitration-body.html?_r=1&partner=rss&emc=rss

Venezuela plans to leave the World Bank's international arbitration body and try to settle disputes with foreign companies within its own judicial system, Rafael Ramírez, the country's oil minister, said Sunday.

Venezuela welcomes ruling in ExxonMobil dispute

Jan 2, http://www.google.com/hostednews/afp/article/ALeqM5iLwNCKIgxSkcQ0Yp-VM-yH-XoBRg?docId=CNG.db7c9b5c0e39e81289addf91510aff0e.981

AFP, Venezuela on Monday said it would only need to pay $255 million of the $907 million awarded to ExxonMobil in an international arbitration case over the nationalization of the US oil giant's assets.

Venezuela will not recognize World Bank ruling in Exxon case

Jan 8, http://www.baltimoresun.com/business/sns-rt-us-venezuela-exxonmobiltre80701v-20120107,0,7116908.story

"I tell you now: we will not recognize any decision by ICSID," Chavez said during a televised speech. He has repeatedly accused the U.S. oil major of using unfair deals in the past to "rob" the South American OPEC member of its resources.

Venezuela-ICSID: leaving is easier said than done

Jan 17, http://blogs.ft.com/beyond-brics/2012/01/17/venezuela-icsid-leaving-is-easier-said-than-done/#axzz1joXbqVuJ

Hugo Chavez openly said during his nearly ten hour marathon address to congress last week that it's not "fair play" to change the rules of the game before it is over to your advantage

Venezuela: "Successful defense of claims of Venezuela to transnational ExxonMobil"

Jan 2, http://www.pdvsa.com/index.php?tpl=interface.sp/design/salaprensa/readnew.tpl.html&newsid_obj_id=9761&newsid_temas=1

Exitosa defensa de Venezuela ante pretensiones de transnacional ExxonMobil

Caracas.- Tras el laudo emitido por el Tribunal de la CCI, la estatal Petróleos de Venezuela (PDVSA) aclara que solo le corresponderá pagar unos 255 millones de dólares en un plazo de 60 días a la transnacional estadounidense Exxon Mobil.

El pago de los 255 millones de dólares, proviene de subtraer a la indemnización otorgada de 907 millones de dólares una serie de créditos reconocidos a PDVSA, entre las cuales se encuentran 191 millones de dólares que Exxon Mobil debe a PDVSA por la cancelación que esta hizo del saldo pendiente de bonos por prestamos para el financiamiento del proyecto Cerro Negro; 300 millones de dólares que Exxon Mobil solicito congelar en cuentas de PDVSA en Nueva York durante las acciones legales que emprendió en el 2007 y 160 millones de dólares de reconvenciones que el tribunal del CCI acredita a PDVSA al pagar en los próximos 60 días.

Luego del arbitraje iniciado por una filial de Exxon Mobil en contra de PDVSA y PDVSA Cerro Negro debido a la decisión soberana del Estado venezolano de nacionalizar la Faja Petrolífera del Orinoco en el 2007, se ratifica que los montos reclamados al inicio del caso, de 12 mil millones de dólares, más intereses desde 2007, eran completamente exagerados y fuera de toda lógica. En aquel momento, Exxon Mobil intentó congelar los activos de PDVSA alrededor del mundo con una acción en la Alta Corte de Justicia en Londres, en enero de 2008.

Desde esa fecha, el Estado venezolano y PDVSA mantuvieron siempre la posición que tal cantidad estaba fuera de la realidad. Transcurridos cuatro años de arbitraje, el monto real determinado por el Tribunal de la CCI representa, en efecto, menos de la exorbitante suma inicialmente reclamada.

PDVSA reconoce que el importe de la compensación es consistente con lo que ha declarado públicamente desde el principio, es decir, que las demandas de ExxonMobil eran muy exageradas y esta lista para hacerla efectiva en los próximos 60 días una vez acreditadas las cantidades a las que tiene derecho. Si Exxon Mobil hubiese estado dispuesta a aceptar una compensación razonable, que el tribunal arbitral ha confirmado, no hubiese sido necesario un arbitraje.

Exxon Mobil también está llevando un arbitraje contra la República Bolivariana de Venezuela ante el centro de arbitraje del Banco Mundial, el Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (CIADI), por la misma nacionalización. Si Exxon Mobil continúa con este segundo arbitraje y sus esfuerzos por conseguir una compensación exorbitante por la nacionalización, la República Bolivariana de Venezuela dará todos los pasos necesarios para defenderse, tal como lo ha hecho PDVSA en este caso del arbitraje contra PDVSA ante la CCI.

El Gobierno de la Republica Bolivariana de Venezuela siempre ha indicado que esta dispuesto a compensar las inversiones realizadas por intereses privados en las decisiones soberanas de nacionalizar activos estratégicos para el interés del país, siempre y cuando esta compensaciones sean justas y razonables. El Gobierno defenderá los intereses de la nación cuando los inversionistas privados decidan acudir a los arbitrajes internacionales, aun cuando estos son rechazados por el Estado Venezolano por ser lesivos a la soberanía jurisdiccional y que fueron impuestos por la cuarta republica durante el proceso entreguista de la terrible apertura petrolera.

Venezuela: Analyst defends PDVSA stance in US$908mn Exxon arbitration case - Alejandro Grisanti

Jan 12, http://www.bnamericas.com/news/privatization/analyst-defends-pdvsa-stance-in-us908mn-exxon-arbitration-case

Venezuela's state oil company PDVSA is within its legal rights to insist that it only pay US$255mn as compensation to US oil major ExxonMobil (NYSE: XOM) for the nationalization of oil assets, according to Alejandro Grisanti, senior analyst with investment bank Barclays Capital.

Venezuela: Chavez Creates Advisory Councils on Arbitration, Expropriations

Dec 27, http://www.businessweek.com/news/2011-12-28/chavez-creates-advisory-councils-on-arbitration-expropriations.html

Bloomberg - Venezuelan President Hugo Chavez created councils to advise the government on international arbitration cases and the expropriation of assets in the South American country.

The arbitration council, or Superior Council for the International Defense of the Sovereignty of Venezuela, will have seven members including the prosecutor general, vice president, foreign minister and oil minister, according to the Official Gazette.

Venezuela: Crystallex Updates on Recent Activities

Jan 26, http://www.crystallex.com/News/PressReleases/PressReleaseDetails/2012/CrystallexUpdatesRecentActivities/default.aspx

... Crystallex Arbitration against Venezuela: At an initial hearing on December 1, 2011 the arbitral tribunal appointed under the rules of the Additional Facility of the International Centre for the Settlement of Investment Disputes ("ICSID") in respect of the Company's arbitration claim agreed upon a schedule of written submissions and set the final oral hearing date. Based upon the schedule set for the claim, Crystallex is obligated to file its first written submission with ICSID on February 10, 2012 and Venezuela's first written submission is due to be filed on August 31, 2012. Both parties will file additional submissions in 2013, Crystallex on January 18, 2013 and Venezuela on June 10, 2013 with the final oral hearing set for November 11-22, 2013 in Washington, D.C.

Venezuela: Exxon wins less than expected from Venezuela dispute

Jan 1, http://www.chicagotribune.com/sns-rt-venezuelaexxonmobil-update-3l1e8c104a-20120101,0,2075220.story

Reuters - An arbitration panel has awarded U.S. oil giant Exxon Mobil Corp $908 million in compensation for Venezuela's 2007 nationalization of its assets, less than 10 percent of what the company sought in a long legal battle with the OPEC nation.

Venezuela: Icsid may order compensation based on market value of assets - Bilateral agreement provides that the payment will be made at market prices and with interests

Jan 13, http://www.eluniversal.com/economia/120113/icsid-may-order-compensation-based-on-market-value-of-assets

Lawyers said that Venezuela cannot disregard the rulings of the International Centre for Settlement of Investment Disputes (Icsid) because other States would file complaints against the South American country

Venezuela: Obama Administration: We Expect Venezuela To Comply With Investment Dispute Body

Jan 9, http://www.gfmag.com/latestnews/latest-news-old.html?newsid=1.2392912E7

Dow Jones - "We expect Venezuela to comply with final and binding rulings issued by international arbitration tribunals," a State Department spokesman said in a statement to Dow Jones Newswires.

Venezuela: Sanctions against Iran Destabilizing Oil Market

Jan 14, http://english.farsnews.com/newstext.php?nn=9010171121

FNA - Sanctions against Iran are destabilizing the oil market, Venezuela's oil minister said during the recent visit to his Latin American country by Iranian President Mahmoud Ahmadinejad.

Zambia: Zamtel sale reversal right on - British envoy

Jan 25, http://www.daily-mail.co.zm/index.php/politics/3239-zamtel-sale-reversal-right-on-british-envoy

THE British government says Zambia made the right decision to repossess 75 percent shares in Zamtel from the Libyan telecoms company LAPGreen.

EVENTS

2024

April 2024

  • CIArb Virtual Diploma in International Maritime Arbitration (Booking deadline: 31 January 2024)
    With maritime arbitrations on the rise, build your knowledge now! The scale, diverse range and complexity of maritime arbitrations coupled with an increase in arbitral systems means that it is essential to have the right knowledge and skills to navigate this field. Ciarb’s highly popular Virtual Diploma in International Maritime Arbitration will provide you with this and more! Join international dispute resolution specialist George Lambrou FCIArb for this Diploma, delivered virtually from 3 April 2024 to 26 June 2024, on Wednesdays for two and a half hours.
    3 April 2024 - 26 June 2024. Online,
    More information is available at the organisers website
  • New Frontiers in International Investment Arbitration - 9th EFILA Annual Conference
    TOPICS: * Domestic courts and the review of awards: recent trends; * Geopolitical uncertainties and their impact on arbitration SPEAKERS: KEYNOTE Speech by Prof. Dr. Mathias Wolkewitz; * Mirjam van de Hel - Koedoot; * Lucia Raimanova; * Maria Fogdestam Agius; * Dr. Paschalis Paschalidis; * Georg Scherpf; * Dr. Alfred Siwy, LLM; * Dr. Richard Happ; * Nick Lawn; * Dr. Patricia Nacimiento.
    25 April 2024. Frankfurt, Germanay,
    More information is available at the organisers website
  • Azerbaijan Arbitration Days
    Welcome Words from Prof. Kamalia Mehtiyeva, Chair of the Azerbaijan Arbitration Association. Inaugural Speech by Mr Inam Karimov. Keynote Speech by Mr Alexis Mourre. TOPICS: * New Arbitration Law in Azerbaijan and the Influence of the UNCITRAL in the Region; * Renewable Energy: Development, Trends and Settlement of International Disputes; * Building the Silk Way - Construction Projects in the Region; * Arbitrating Gas Pricing and Electricity Pricing Disputes; * Investments - Emerging Trends and Highlights on Resolution of Investment Disputes; * Efficiency of Arbitration: Provisional Measures, Enforcement, Asset Recovery and Financing of Litigation; * Upstream Disputes in the Extractive Sector; * Innovation and Leadership; * Engineering, Procurement and Construction Disputes.
    25 April 2024 - 26 April 2024. Baku, Azerbaijan,
    More information is available at the organisers website

May 2024

  • DIS Spring Conference 2024
    Visit this year's spring event of the DIS in Hamburg on the topic "Trust is good, control is better? Protecting the procedural integrity of arbitration proceedings". You can look forward to exciting discussions on the topic of the event. Further information will follow. The conference language is German. You can already register for the event and make your travel arrangements now. We have arranged special conditions for you with various hotels and with Deutsche Bahn. Further information and the registration form can be found the conference website. (Gala dinner 2 May 2024, 19:00 Uhr)
    3 May 2024. Hamburg, Germany,
    More information is available at the organisers website
  • Pakistan International Disputes Weekend (PIDW)
    South Asia's premiere legal conference for 'reviewing, reflecting and reviving' the landscape for dispute resolution. The conference is organized annually in Pakistan by international construction law firm MK Consultus. Bringing together international dispute resolution experts, government representatives, serving members of Pakistan's judiciary, Legal 500 firms, international ADR Centres and global masters of the trade in South Asia's emerging economic corridor, PIDW has revitalized the ADR sector in Pakistan, contributing significantly to the discourse regarding reform.
    11 May 2024 - 12 May 2024. Karachi, Pakistan,
    More information is available at the organisers website
  • 4th Edition Executive Course on International Arbitration - King's College London (Application deadline: 03 May 2024)
    [Application deadline: 03 May 2024] Join leading global arbitration experts for King’s College London’s Executive Course on International Arbitration, online, starting on 17 May 2024. Develop your skills and grow your network with this CPD accredited course. Learn the key elements of practice, from drafting effective arbitation agreements to enforcing arbitral awards around the globe.
    17 May 2024 - 21 June 2024. Online; Fridays (11:30 - 15:00 BST) over 6 weeks,
    More information is available at the organisers website
  • Dispute Resolution in M&A Transactions - 7th edition
    International Conference for Promoting Arbitration - The biggest M&A conference in the region, a truly unique event. Who should attend: * Arbitrators; * Attorneys; * In-house counsel; * M&A legal and business advisors. More information about the program and topics to be announced, in the meantime, visit the conference website to see the archives of the 6th (2022) and 5th (2019) editions of the conference.
    23 May 2024 - 24 May 2024. Warsaw, Poland,
    More information is available at the organisers website
  • International Arbitration Summer Institute - Center on International Commercial Arbitration (AU WCL)
    Taught by leading practitioners and arbitrators from around the world, the International Arbitration Summer Institute is an intense three-week certificate program that addresses foundational and practical aspects of international commercial arbitration. Networking activities such as special lectures, coffee hours, luncheons, and site visits to D.C. law firms and institutions provide participants with ample opportunities to network beyond the classroom setting. This Summer Institute is one of the annual events hosted by the Center on Int'l Commercial Arbitration. The Center is directed by Horacio A. Grigera Naón, a renowned independent international arbitrator and former secretary general of the Int'l Court of Arbitration of the Int'l Chamber of Commerce. The rest of the faculty of this Summer Institute is also very prominent. Participants may opt to stay in the American University dormitory at Cassell Hall.
    28 May 2024 - 13 June 2024. Washington, D.C.,
    More information is available at the organisers website

June 2024

  • Baltic Arbitration Days (13th edition)
    The Baltic Arbitration Days is an international forum for arbitration practitioners and academics, which takes place every June in Riga and Jurmala. During two days of lectures and social functions, we discuss current issues of international commercial and investment arbitration. While Central- and Eastern Europe remains the focus of the conference, different guest countries or regions are designated each year, hosting speakers and participants from around the world. Topics: * Investigations & Enforcement; * Investment Arbitration Update; * Climate & Energy & Construction Arbitration; * Legaltech & IT in Arbitration.
    2 June 2024 - 3 June 2024. Riga and Jurmala,
    More information is available at the organisers website
  • CanArbWeek 2024
    TOPICS: * ADRIC - Awards: Law and Practice; * SIAC - Demystifying the Scrutiny Process; * CPR Canada - In-House Counsel Wishlist: Dispute Boards; * CIArb Canada - Debate Series: Vavilov, Value, Venue; * Ciarb Canada Award for Distinguished Service; * ICC Canada - Navigating the Grey: Conflicts of Interest; * VanIAC - Ask us Anything: from Appointment to PO1; * WCCAS - Arbitrating Your Way to a Speedier Trial; * ICDR Canada - Debate on Proposed Rules Changes; * YCAP - Costs Report: DOs and DON’Ts in Cost Awards; * TCAS - Exploring the Psychology of Arbitration; * and more... Gala Welcome Reception (2 June 2024); Early Bird Tickets Until 1 May 2024.
    3 June 2024 - 4 June 2024. Toronto, Canada,
    More information is available at the organisers website
  • Critical Developments in International Arbitration - 5th edition of the Bucharest Arbitration Days
    The theme of the BArD 2024 brings to our attention the recurrent concern with the legitimacy of international arbitration, as a suitable dispute resolution mechanism for commercial disputes. The 2021 Queen Mary University of London and White & Case Survey has highlighted the evolving nature of international arbitration, adapting to the challenges posed, among others by diversity, technology, environmental considerations and information security. BArD 2024 will discuss ethics and conflicts in int'l arbitration; the evolving relationship between arbitration and courts; the diversity in arbitration from the perspective of diversity of seats and arbitration institutions; the ongoing discussion on evidence and the impact of technology on it. With a focus on disputes involving foreign investments, BArD 2024 will tackle the critical issue of the regulatory space of States, in particular in the context of the transition to a clean energy and int'l commitments on climate change.
    6 June 2024 - 7 June 2024. Bucharest, Romania; Virtual,
    More information is available at the organisers website
  • I Investment Forum
    This event aims to bring together key stakeholders (government officials, business leaders, legal professionals, and foreign investors) on a single platform to highlight significant legal aspects influencing business and investments in Ukraine. It includes an in-depth analysis of Ukraine's investment climate, dispelling common myths about conducting business in our country, preparing Ukrainian businesses for European Union integration, and focusing on recent legal improvements in sectors such as agriculture, extractive industries, energy, and defense. Identifying existing legal issues and presenting practical solutions is also a key focus.
    6 June 2024 - 7 June 2024. Kyiv, Ukraine; Online (Zoom),
    More information is available at the organisers website
  • Arbitration and State: A Complex Symbiosis - XVIII International Congres CEIA
    Topics: * Presentation of the Report on the Inclusion of Disability in Arbitration (CEIA - CINDA); * The work of UNCITRAL Group III; * State and anti-process measures in arbitration; * State responsability for the denial of recognition and execution of arbitration agreements and awards; * The State as a police against corruption in arbitration; * LATAM 360°: Administrative activity as the object of the arbitration disputes; * Arbitration as a mechanism for resolving conflicts between States; * The cases of the year: procedural situations when the State is a party. The conference will have Spanish-English simultaneous translation.
    9 June 2024 - 11 June 2024. Madrid, Spain,
    More information is available at the organisers website
  • Italian Arbitration Day: The Geography of International Arbitration
    The Italian Association for Arbitration and the Milan Chamber of Arbitration, with the support of several national and international organizations, join forces to organize the third Italian Arbitration Day ("IAD"). The IAD will explore the geography of arbitration, navigating the routes of international arbitration, exploring methods and characters of its actors. Stellar international practitioners will discuss the ever-changing map of international arbitration. Participants will be able to contribute ideas, experiences and anecdotes. PROGRAM: * KEYNOTE SPEECH: Lucio Caracciolo - Arbitration and Geopolitics: A Way to De-escalate International Crises? * Panel I - Quo Vadis International Arbitration? Of Parties, Arbitrators and Arbitral Institutions + Reverse Debate * A View from Our Partners: Unidroit * Panel II - International Conflicts and Economic Sanctions: What Role for International Arbitration? + Reverse Debate
    13 June 2024. Rome, Italy,
    More information is available at the organisers website
  • Arbitration Academy 2024
    Applications for the 2024 session of the International Academy for Arbitration Law will be opened soon. The Arbitration Academy is designed to provide advanced courses in arbitration law to students, government officials and practitioners who have already a general knowledge of arbitration law. The Academy provides advanced Summer Courses in Paris to students and young practitioners interested in international arbitration. The Curriculum is conceived by international arbitration academics and practitioners to cover all aspects of international arbitration, and the Courses are taught by the most renowned experts in the fields of international commercial arbitration and investment treaty arbitration. A great opportunity to attend high-level courses and seminars on International Arbitration, and to learn from world-renowned professors and practitioners - don't miss out!
    17 June 2024 - 4 July 2024. Paris, France,
    More information is available at the organisers website or contact
  • El arbitraje internacional en materia de construcción (AU WCL)
    El arbitraje comercial internacional constituye el mecanismo preferido para la solución de disputas en el mundo de los negocios. Un área en que el arbitraje internacional tiene frecuente aplicación es en disputas que emergen de proyectos de construcción. En América Latina el arbitraje de construcción también ha comenzado a ser muy relevante. Esta evolución ha generado una extensa demanda de profesionales altamente formados y especializados en esta materia. Por esto el Centro de Arbitraje Comercial Internacional de la AUWCL trabaja junto con la Comisión Interamericana de Arbitraje Comercial (CIAC) para ofrecer este Seminario Práctico en arbitraje de construcción en junio y julio de 2024. Este Seminario Práctico permite experimentar el desarrollo de un proceso arbitral en materia de construcción desde los inicios de la disputa y su tratamiento por la junta de resolución de disputas, pasando por la notificación de arbitraje, la práctica de la prueba, hasta la adopción del laudo. ...
    17 June 2024 - 12 July 2024. Washington, D.C.,
    More information is available at the organisers website
  • London Summer Arbitration School (Application deadline 20 April 2024)
    The London Summer Arbitration School will feature an interactive five-day programme introducing participants not only to commercial arbitration, but also to less well-known types of arbitration such as maritime, construction and commodities arbitration. The participants will also engage in discussion of related career and business development opportunities with practitioners and representatives of institutions. Topics: * ad hoc arbitration; * maritime arbitration; * construction arbitration; * commodities arbitration; * commercial arbitration; * ethics in international arbitration; * banking & finance arbitration; * climate change arbitration; * outer space arbitration; * investor-state arbitration; * relationship between arbitral tribunals and domestic courts. It will also be possible to attend the school in the online format. Registration deadline: 20 April 2024.
    17 June 2024 - 21 June 2024. Online; London, United Kingdom,
    More information is available at the organisers website

July 2024

  • Brunel Law School Summer Program on International Arbitration
    This Programme will cover "International Commercial Arbitration" (ICA) and "Investment Treaty Arbitration" (ITA) and will include esteemed arbitration scholars and practitioners such as Professor Kaj Hobér, Dr Kabir Duggal, Sir Bernard Rix, Dr Ylli Dautaj and others. ICA is essentially a private resolution forum between private parties (or States acting in a private capacity, jure gestionis), where the subject-matter of the dispute often stems from a "commercial" contract or undertaking of some sort. When studying ICA, we will largely focus on the process of arbitration and not on the subject matter. ITA, on the other hand, is a form of arbitration between foreign investors and host States regarding foreign direct investment (FDI). The subject-matter is arbitrated under public international law, more specifically international investment law. 10% early bird discount if booked by 30th April 2024.
    8 July 2024 - 13 July 2024. London, UK,
    More information is available at the organisers website
  • Brunel Law School Summer Program on International Arbitration
    This Programme will cover "Int'l Commercial Arbitration" (ICA) and "Investment Treaty Arbitration" (ITA) and will include esteemed arbitration scholars and practitioners such as Professor Kaj Hobér, Dr Kabir Duggal, Sir Bernard Rix, Dr Ylli Dautaj and others.ICA is essentially a private resolution forum between private parties (or States acting in a private capacity, jure gestionis), where the subject-matter of the dispute often stems from a "commercial" contract or undertaking of some sort. When studying ICA, we will largely focus on the process of arbitration and not on the subject matter. ITA, on the other hand, is a form of arbitration between foreign investors and host States regarding foreign direct investment (FDI). The subject-matter is arbitrated under public int'l law, more specifically international investment law. Int'l investment law is a sub-specie of int'l economic law. Upon conclusion of the Summer Programme, all participants shall receive a Certificate of Attendance.
    8 July 2024 - 13 July 2024. London, UK,
    More information is available at the organisers website

October 2024

  • International Law Weekend 2024 - Powerless law or law for the powerless? (Call for Panel Proposals deadline 15 April 2024)
    International law faces an existential threat as history unfolds at unprecedented speed worldwide. Indeed, international law and international institutions at times appear incapable of protecting vulnerable persons against war, disease, hunger, exploitation, climate change, and other human and natural catastrophes. Some people-both individually and collectively-are openly eschewing legal values and frameworks in order to pursue results through other means, including dangerous and destabilizing ones. Is international law, in fact, powerless or does it remain a source of power that vulnerable persons can utilize to protect and advance their rights and interests? This year's ILW is focused on engaged, interactive, and inclusive discussions about how international law can transcend perceptions and misperceptions of its powerlessness and fulfill its aspirations of balancing power through principles of justice, equality, and dignity. Call for Panel Proposals deadline 15 April 2024.
    24 October 2024 - 26 October 2024. New York City, USA,
    More information is available at the organisers website

Note: a list of prior events can be found here.

The Hague: Opening Conference of P.R.I.M.E. Finance big success

Jan 16, http://www.primefinancedisputes.org/

P.R.I.M.E. Finance is delighted to announce that we have received positive comments and feedback from many of the speakers and participants, which suggests that the Opening Conference of P.R.I.M.E. Finance and the Seminars on Dispute Resolution in the Financial Markets were very well received.

Opening Conference of P.R.I.M.E. Finance

The arbitration and mediations ruleshave been posted on the P.R.I.M.E. Finance website at www.primefinancedisputes.org.

JOBS / MOVES

The Iran-United States Claims Tribunal appoints a new Secretary-General: Mr. Christiaan Mark Johan Kröner

Dec 21, http://www.iusct.org/communique-2011-12-21.pdf

The President and Members of the Iran-United States Claims Tribunal have decided unanimously to appoint Mr. Christiaan Mark Johan Kröner to be Secretary-General of the Tribunal with effect from 1 January 2012.

Mr. Kröner, who holds an advanced law degree from Leiden University, has served as Netherlands Ambassador in Tel Aviv, Rome, Paris and Washington, and has represented The Netherlands in several international institutions. Since 2008 he has been the Secretary-General of the Permanent Court of Arbitration, and has overseen the continued expansion of that organization and its work.

In addition to his native Dutch, Mr. Kröner speaks English, French, German and Italian.

Noradèle Radjai promoted to partner of LALIVE

Jan 1, http://www.lalive.ch/e/news/index.php?id=846

LALIVE is pleased to announce the promotion of Noradèle Radjai to partner of the firm as of 1 January 2012. Ms Radjai, a dual British-Lebanese national, joined the firm in 2007 and is based in the Geneva office.

King & Spalding Continues International Arbitration Expansion With Addition of Jan K. Schafer in Frankfurt

Jan 2, http://www.marketwatch.com/story/king-spalding-continues-international-arbitration-expansion-with-addition-of-jan-k-schafer-in-frankfurt-2012-01-02

The international law firm King & Spalding announced today that international arbitration expert Jan K. Schaefer has joined as a partner in its Frankfurt office.

Salans joins forces with new firm in Turkey

Jan 12, http://www.salans.com/en-GB/sitecore/Content/Salans/Global/Items/News/2012/20120112%20-%20Salans%20joins%20forces%20with%20new%20firm%20in%20Turkey.aspx

International law firm Salans has announced it is joining forces in Istanbul with local firm Balcioglu Selçuk Akman, and transferring two existing partners from its existing associated Istanbul office, Selim Keki and Göksan Gürel, to create a local partnership which will be known as Balcioglu Selçuk Akman Keki (BASEAK).

HKIAC's Growth Continues with Two International Hires

Jan 12, http://www.hkiac.org/index.php/tc/news/428

The HKIAC is pleased to announce the arrival of two new counsel, Mr James H Chun and Ms Kiran Sanghera, who have recently joined the HKIAC Secretariat. James and Kiran will assist with the administration of the growing number of international arbitration cases filed with the HKIAC.

Anna Joubin-Bret of UNCTAD and Professor Pierre d'Argent Join Foley Hoag

Jan 18, http://www.foleyhoag.com/NewsCenter/PressCenter/2012/01/Joubin-Bret-DArgent-Join-Foley-Hoag.aspx

Foley Hoag LLP has expanded its Litigation and Arbitration Practice and its Paris office, adding Anna Joubin-Bret as a Partner and Pierre d'Argent as Special Counsel.

Alvaro Galindo Joins Dechert as International Counsel in Washington, D.C.

Jan 23, http://www.dechert.com/Alvaro_Galindo_Joins_Dechert_as_International_Counsel_in_Washington_DC_01-23-2012/

Dechert LLP announced today that Alvaro Galindo has joined the firm as International Counsel. Galindo, who is admitted to practice in Ecuador, advises on complex international arbitration matters, particularly those involving South American jurisdictions. He focuses his representation on sovereign states.

International Court of Arbitration Secretary General Jason Fry to step down

Jan 30, http://www.iccwbo.org/court/arbitration/index.html?id=47247

ICC announced today that Jason Fry is stepping down as Secretary General of the ICC International Court of Arbitration to return to private practice at the law firm Clifford Chance, where he was a partner until he joined ICC in 2007. He will join the firm’s Paris office in September 2012.

BOOKS

Scottish Arbitration Handbook

David R Parratt and Peter Foreman
Avizandum Publishing Ltd, Price £95.00, ISBN: 978-1-904968-44-3 (Paperback)

The Scottish Arbitration Handbook is an accessible and practical guide to the new law. Using the legislation as a framework, it combines explanation of the statutory provisions with informed commentary on how the conduct of arbitration in Scotland is likely to develop. The authors draw on their experience in practice to address the issues that commonly arise during the arbitration process.

Complex Dispute Resolution: 3-Volume Set

Carrie Menkel-Meadow
ISBN13 9780754628071, Ashgate Publishing Ltd, Format: Hardback, 3 Volumes

This series collects essays on the development of foundational dispute resolution theory and practice and their application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, and negotiations in political policy formation and governance, and international conflict resolution.

Each volume contains an introduction by the editor which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields - law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology - and consider issues in the uses of informal and private as well as more formal and public processes. The articles also question whether the development of universal theoretical insights about conflict resolution is possible with variable numbers of parties and issues and in multi-cultural settings.

Taken together the three volumes in this series present classic research articles on all aspects of complex dispute resolution and constitute an invaluable reference resource for libraries and academics in political decision making, human rights, international relations and business and commercial law.

Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects

Edited by: Vijay K. Bhatia, Christopher N. Candlin, Maurizio Gotti
ISBN13 9781409432319, Ashgate Publishing Ltd, Format: Hardback

It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice.

The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.

ICSID

New: Adel A Hamadi Al Tamimi v. Sultanate of Oman (ICSID Case No. ARB/11/33)

Limestone quarry, Registered December 23. Tribunal not yet constituted.

New: Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan (ICSID Case No. ARB/12/1)

Registered January 12, Tribunal not yet constituted. News report http://bit.ly/ytdRQe

Outcome of Proceeding: The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 on January 18

New: Emmis International Holding B.V., Emmis Radio Operating B.V., MEM Magyar Electronic Media Kereskedelmi Szolgáltató Kft. v. The Republic of Hungary (ICSID Case No. ARB/12/2)

Radio broadcasting licensing, Registered January 18. Tribunal not yet constituted.

New: Accession Mezzanine Capital L.P. and Danubius Kereskedoház Vagyonkezelo Zrt. v. The Republic of Hungary (ICSID Case No. ARB/12/3)

Radio broadcasting licensing, Registered January 18. Tribunal not yet constituted.

Suez, Sociedad General de Aguas de Barcelona S.A. and Vivendi Universal S.A v. Argentine Republic (ICSID Case No. ARB/03/19)

Status of Proceeding: Tribunal issues a procedural order concerning documents to be provided to the financial expert on December 28

Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. v. Argentine Republic (ICSID Case No. ARB/03/17)

Status of Proceeding: Tribunal issues a procedural order concerning documents to be provided to the financial expert on December 28

Sempra Energy International v. Argentine Republic (ICSID Case No. ARB/02/16)

Status of Proceeding: - Claimant files a request for the Tribunal to decide on production of documents on December 23 - Respondent files observations on the Claimant's request for the Tribunal to decide on production of documents on December 28

Garanti Koza LLP v. Turkmenistan (ICSID Case No. ARB/11/20)

Status of Proceeding: following appointment by the Respondent, Laurence Boisson de Chazournes (French) accepts her appointment as arbitrator on October 26

Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v. Republic of Poland (ICSID Case No. ARB(AF)/11/3)

Status of Proceeding: Respondent files a response to the Claimants' observations of December 22, 2011, on December 30

Abengoa, S.A. y COFIDES, S.A. v. United Mexican States (ICSID Case No. ARB(AF)/09/2)

Status of Proceeding: Tribunal issues a procedural order concerning production of documents on December 13

HOCHTIEF Aktiengesellschaft v. Argentine Republic (ICSID Case No. ARB/07/31)

Status of Proceeding: on December 30, 2011, the Respondent ratifies its request of June 25, 2010 for the Tribunal to decide on production of documents, and responds to the Claimant's observations of July 21 2010

Nations Energy, Inc. and others v. Republic of Panama (ICSID Case No. ARB/06/19)

Status of Proceeding: the proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e) on November 21

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

Status of Proceeding: the Tribunal issues a further procedural order on provisional measures on December 16

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

Outcome of Proceeding: The Tribunal issues a procedural order taking note of the discontinuance of the proceedings pursuant to ICSID Arbitration Rules 53 and 43(1)on December 21, 2011.

Ioannis Kardassopoulos v. Georgia (ICSID Case No. ARB/05/18)

Outcome of Proceeding: The Tribunal issues a procedural order taking note of the discontinuance of the proceedings pursuant to ICSID Arbitration Rules 53 and 43(1) on December 21, 2011.

Koch Minerals Sàrl and Koch Nitrogen International Sàrl v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/19)

Status of Proceeding: Tribunal issues a procedural order concerning the procedural calendar on January 2

Diamond Fields Liberia, Inc. v. Republic of Liberia (ICSID Case No. ARB/11/14)

Status of Proceeding: following an agreement by the parties, the constitution of the Tribunal is suspended.

AES Summit Generation Limited and AES-Tisza Erömü Kft. v. Republic of Hungary (ICSID Case No. ARB/07/22)

Status of Proceeding: Republic of Hungary files a rejoinder on annulment on December 30

Baggerwerken Decloedt En Zoon NV v. Republic of the Philippines (ICSID Case No. ARB/11/27)

Status of Proceeding: following appointment by the Claimant, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator on December 2

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

Status of Proceeding: the Tribunal holds a hearing on jurisdiction in London on December 13-15

Mamidoil Jetoil Greek Petroleum Products Societe Anonyme S.A. v. Republic of Albania (ICSID Case No. ARB/11/24)

Status of Proceeding: following appointment by the Claimant, Steven A. Hammond (U.S.) accepts his appointment as arbitrator Dec 28

DP World Callao S.R.L., P&O Dover (Holding) Limited, and The Peninsular and Oriental Steam Navigation Company v. Republic of Peru (ICSID Case No. ARB/11/21)

Tribunal Constituted: Jan 10, V.V. Veeder, F. Orrego Vicuña, C. von Wobeser

Hussain Sajwani, Damac Park Avenue for Real Estate Development S.A.E., and Damac Gamsha Bay for Development S.A.E. v. Arab Republic of Egypt (ICSID Case No. ARB/11/16)

Tribunal Constituted: Jan 09, P. Tercier, D.M. Price, T. Landau

Türkiye Petrolleri Anonim Ortakligi v. Republic of Kazakhstan (ICSID Case No. ARB/11/2)

Status of Proceeding: the Tribunal holds a first session by video conference on December 12

Ömer Dede and Serdar Elhüseyni v. Romania and AVAS Privatization Agency of the Government of Romania (ICSID Case No. ARB/10/22)

Status of Proceeding: the Tribunal holds a first session by telephone conference on December 16

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

Status of Proceeding: Tribunal holds a hearing on access to documents in Paris on January 10

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

Status of Proceeding: Respondent files a counter-memorial on the Merits on December 30

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

Status of Proceeding: - Ad hoc Committee Constituted: Dec 20, B.M. Cremades, N. Comair-Obeid, F. Mantilla-Serrano.

- RSM Production Corporation files observations on the continuation of the stay of enforcement of the award on January 12

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

Status of Proceeding: each party files a submission on costs on January 6

Mobile TeleSystems OJSC v. Turkmenistan (ICSID Case No. ARB(AF)/11/4)

Status of Proceeding: following appointment by the Respondent, Thomas Buergenthal (U.S.) accepts his appointment as arbitrator on January 12

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

Status of Proceeding: Claimant files a response to the Respondent's observations of January 9, on January 12

UAB "ARVI" ir ko and UAB "SANITEX" v. Republic of Serbia (ICSID Case No. ARB/09/21)

Status of Proceeding: the Claimants file a rejoinder on jurisdiction on January 12

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

Ad hoc Committee Constituted Jan 11, Dominique HASCHER (French), Donald M. McRAE (Canadian), David A.R. WILLIAMS (New Zealand)

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

Status of Proceeding: ad hoc Committee issues Procedural Order No. 1 concerning preliminary issues on January 12

Railroad Development Corporation v. Republic of Guatemala (ICSID Case No. ARB/07/23)

Status of Proceeding: Tribunal holds a hearing on the merits in Washington, D.C. on December 8-16

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

Status of Proceeding: Tribunal holds a hearing on quantum in Washington, D.C. on December 19-22

OI European Group B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/25)

Status of Proceeding: following appointment by the Respondent, Alexis Mourre (French) accepts his appointment as arbitrator on January 13

HOCHTIEF Aktiengesellschaft v. Argentine Republic (ICSID Case No. ARB/07/31)

Status of Proceeding: the Tribunal decides on production of documents on January 18

Club Hotel Loutraki S.A. and Casinos Austria International Holding GMBH v. Republic of Serbia (ICSID Case No. ARB/11/4)

Adel A Hamadi Al Tamimi v. Sultanate of Oman (ICSID Case No. ARB/11/33)

Status of Proceeding: following appointment by the Claimant, Charles N. Brower (U.S.) accepts his appointment as arbitrator on January 18

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

Status of Proceeding: the Claimant files a memorial on the merits on January 13

Flughafen Zürich A.G. and Gestión e Ingenería IDC S.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/19)

Status of Proceeding: the Tribunal decides on an amendment to the procedural calendar on January 17

Sempra Energy International v. Argentine Republic (ICSID Case No. ARB/02/16)

Status of Proceeding: the Claimant files a reply on the merits on January 17

Vigotop Limited v. Republic of Hungary (ICSID Case No. ARB/11/22)

Tribunal Constituted: January 19. President: Klaus M. SACHS (German) Arbitrators: Doak BISHOP (U.S.) Veijo HEISKANEN (Finnish)

Bawabet Al Kuwait Holding Company v. Arab Republic of Egypt (ICSID Case No. ARB/11/6)

Status of Proceeding: Claimant files a memorial on the merits on January 19

Abaclat and others v. Argentine Republic (ICSID Case No. ARB/07/5)

Tribunal Reconstituted: January 19. Composition of Tribunal President: Pierre TERCIER (Swiss) Arbitrators: Santiago TORRES BERNÁRDEZ (Spanish) Albert Jan VAN DEN BERG (Dutch)

Inmaris Perestroika Sailing Maritime Services GmbH and others v. Ukraine (ICSID Case No. ARB/08/8)

Outcome of Proceeding: The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1) on January 24

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

Status of Proceeding: Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1) on January 24

Bawabet Al Kuwait Holding Company v. Arab Republic of Egypt (ICSID Case No. ARB/11/6)

Status of Proceeding: Tribunal holds a first session by telephone conference on January 24

Philip Morris Brand Sàrl (Switzerland), Philip Morris Products S.A. (Switzerland) and Abal Hermanos S.A. (Uruguay) v. Oriental Republic of Uruguay (ICSID Case No. ARB/10/7)

Status of Proceeding: Claimants file a counter-memorial on jurisdiction on January 24

Rafat Ali Rizvi v. Republic of Indonesia (ICSID Case No. ARB/11/13)

Status of Proceeding: Respondent files further observations on its preliminary objections on January 9

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

Status of Proceeding: Tribunal issues Procedural Order No. 1 concerning provisional measures on January 30

Longreef Investments A.V.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/5)

Status of Proceeding: proposal for disqualification of arbitrator Enrique Gómez Pinzón is declined. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6) on January 24

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

Status of Proceeding: Respondent files a counter-memorial on the merits and a memorial on jurisdiction and admissibility on January 24

Metal-Tech Ltd. v. Republic of Uzbekistan (ICSID Case No. ARB/10/3)

Status of Proceeding: Tribunal issues Procedural Order No. 6 concerning the organization of the hearing on jurisdiction and merits on January 15

Cambodia Power Company v. Kingdom of Cambodia (ICSID Case No. ARB/09/18)

Status of Proceeding: Tribunal issues a decision on the exclusion of evidence on January 29

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

Constitution of Ad hoc Committee: January 30, Rodrigo Oreamuno, Eduardo Zuleta, Teresa Cheng.

Sempra Energy International v. Argentine Republic (ICSID Case No. ARB/02/16)

Status of Proceeding: Respondent renews its request of November 10, 2011 on January 26