issue #02, week 05. 01 February 2013
Prepared by TDM and Aloysius Gng (CEPMLP/Dundee)

TDM News Digest

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

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Recent issues:

The ICSID Caseload - Statistics Issue 2013-1 published

Jan 25, https://icsid.worldbank.org/ICSID/FrontServlet?requestType=ICSIDDocRH&actionVal=CaseLoadStatistics

Available in English, French, Spanish - The ICSID Secretariat has released a new issue of its online publication, the ICSID Caseload - Statistics.

This issue (Issue 2013-1), published in the three official languages of the Centre (English, French and Spanish), contains an overview of the cases registered or otherwise administered by ICSID as of December 31, 2012. The issue features information concerning the basis of consent to ICSID jurisdiction, the geographic distribution of cases by State Party to the dispute, and the economic sectors involved in ICSID cases. It also contains data on outcomes in ICSID arbitration and conciliation proceedings, including further information on disputes decided by arbitral tribunals, data on discontinued ICSID arbitration proceedings, and outcomes to date in annulment proceedings under the ICSID Convention. The nationalities and geographic origins of arbitrators, conciliators and ad hoc committee members appointed in ICSID cases are also featured.

Netherlands: New NAI rates for the administration

Jan 8, http://www.nai-nl.org/en/

The NAI rates for the administration of cases with an interest between € 50,000.- and € 5,000,000.- have not changed since 2001. As of 1 January 2013 the rates have changed.

New CEPANI arbitration, mediation and domain name resolution rules entered into force on January 1, 2013.

Jan 1, http://www.cepani.be/en/

ICC unveils new online training in international arbitration

Jan 29, http://www.iccwbo.org/News/Articles/2013/ICC-unveils-new-online-training-in-international-arbitration/

The International Chamber of Commerce (ICC) has unveiled its new "ICC Arbitration online training", the first official e-learning course to explain the inside workings of international arbitration and the 2012 ICC Rules of Arbitration.

EFTA and Vietnam pursue free trade talks - EFTA

Jan 22, http://www.efta.int/free-trade/free-trade-news/2013-01-17-efta-vietnam-3rd-rnd-fta-neg.aspx

A third, comprehensive round of negotiations on a free trade agreement between the EFTA States and Vietnam was held in Hanoi from 14 to 17 January 2013.

Building on the understanding achieved during the previous rounds, expert working groups continued examining topics such as trade in goods, trade in services, investment, competition, government procurement, intellectual property rights, legal and horizontal issues, sustainable development and cooperation.

Deputy Director General Sveinung Røren from Norway acted as EFTA spokesperson, while the Vietnamese negotiating team was led by Director General Tran Trung Thuc. The two sides agreed on a schedule of further meetings for 2013.

With bilateral EFTA-Vietnam merchandise trade (imports and exports) amounting to USD 2.1 billion in 2011 and significant economic interests also in the services sector, the parties expect to further expand their economic ties through a free trade agreement.

Energy Charter Secretariat: High-Level Delegation from the Energy Community visits the Energy Charter Secretariat

Feb 01, http://www.encharter.org/index.php?id=21&id_article=342&L=0

On 7 January 2013 the newly appointed Director of the Energy Community Mr. Janez Kopac and his deputy Dr. Dirk Bushle met with the Energy Charter Secretary General Amb. Urban Rusnák. Both sides outlined the basic elements of their major ongoing projects – modernisation of the Energy Charter Process on the one hand, and the renewal of the Energy Community Treaty on the other. During the talks it was apparent that both organisations have important common areas of action. It was agreed that the informal cooperation of recent years should be continued and developed to ensure closer coordination between the two organisations.

FINRA: Small Claims Mediation Pilot Program Started

Jan 18, http://www.finra.org/ArbitrationAndMediation/Mediation/Process/P197659

FINRA's Mediation Program has launched a pilot that offers parties in small claims arbitration cases free or low-cost telephone mediation. Participation in the pilot program, which began January 15, 2013, is voluntary and open to cases involving claims of $50,000 or less.

AEADE: A total of 875 arbitrations were processed in 2012

Jan 15, http://www.aeade.org/un-total-de-875-arbitrajes-se-tramitaron-en-aeade-en-2012

In 2012, increased the average amount of regular procedures by 1%, with nearly 211,000. It also has established the trust as an effective tool in urban leases ended the year with 513 total procedures. The controversial Act rates and high cost of arbitration will accelerate growth in 2013.

WTO: Laos ratifies membership package, will join WTO on 2 February

Jan 08, http://www.wto.org/english/news_e/news13_e/acc_lao_08jan13_e.htm

Laos informed the WTO on 3 January 2013 that it has ratified its membership agreement. Under WTO procedures, that means Laos will officially become the WTO's 158th member on 2 February.

WTO: Panels established on Argentina's disputes with EU, US and Japan

Jan 28, http://www.wto.org/english/news_e/news13_e/dsb_28jan13_e.htm

The Dispute Settlement Body (DSB), on 28 January 2013, established a single panel to examine complaints by the EU, the US and Japan regarding the dispute "Argentina - Measures affecting the importation of goods". At the request of Argentina, it established a panel to examine the dispute "US - Measures affecting the importation of animals, meat and other animal products from Argentina". Pursuant to the request by Antigua and Barbuda, the DSB agreed to grant authorization to suspend the application to the US of concessions or other obligations consistent with the Arbitrator's decision concerning the dispute "US - Measures affecting the cross border supply of gambling and betting services".

WTO: US files dispute against Indonesia on import licensing and quotas

Jan 10, http://www.wto.org/english/news_e/news13_e/ds455rfc_10jan13_e.htm

The United States notified the WTO Secretariat on 10 January 2013 of a request for consultations with Indonesia concerning measures applied by Indonesia to its imports of horticultural products, animals and animal products.

WTO: WTO meeting on seal products dispute opened to the public - 18 to 20 February 2013

Jan 07, http://www.wto.org/english/news_e/news13_e/hear_ds400_401_18feb13_e.htm

At the request of the parties in the dispute "European Communities - Measures Prohibiting the Importation and Marketing of Seal Products" (DS400 and DS401), the panel has agreed to start its meeting with the parties scheduled for 18 to 20 February 2013 with a session open to public viewing at the WTO Headquarters in Geneva.

Launch of A Model Litigation Finance Contract web project

Jan 14, http://www.litigationfinancecontract.com

Third party litigation funding-for-profit, non-recourse funding of litigation by specialized investment firms and hedge funds-is a burgeoning, and controversial, phenomenon. In A Model Litigation Finance Contract - www.litigationfinancecontract.com - Prof. Maya Steinitz (University of Iowa, College of Law) and associate editor, Abigail Caplovitz Field, will propose contract provisions, and ultimately a full contract, that take on tangible issues such as managing conflicts of interest; striking a balance between a plaintiff's right to control her claim and an investor's need to manage risk; and the overall systemic issues of access to justice, the risk of frivolous claims, champerty and usury. Building on her work to date, Prof. Steinitz based the contract on venture capital contracts.

Central to the mission is having a vigorous debate about what contract terms are optimal from a party and legal system perspective. Choosing the Web as a platform, Prof. Maya Steinitz is inviting scholars, funders, and attorneys to comment on and influence the shape of the final model contract and, more broadly, the debate about funding practices. The proposed terms are intended as the starting point of a vigorous debate among academics and practitioners with the goal of finalizing commercially reasonable, solidly legal, socially optimal terms. In order to focus the debate, the contract is rolled out incrementally because there is much to discuss. The first topic is the how and why of staging litigation funding based on the venture capital model.

Analysis: Purging Wall Street from FINRA's public arbitrator list

Jan 28, http://newsandinsight.thomsonreuters.com/Securities/News/2013/01_-_January/Analysis__Purging_Wall_Street_from_FINRA_s_public_arbitrator_list/

Reuters - A proposal to limit when people with certain ties to the securities industry are called to decide cases of aggrieved investors is a step in the right direction, but does not go far enough to please some arbitration lawyers.

Argentina Asks U.S. Court to Reverse Rulings on Sovereign Debt

Dec 31, http://www.moneynews.com/FinanceNews/Argentina-Debt-bondholders-Sovereign/2012/12/31/id/469573

Argentina asked a U.S. appeals court to reverse rulings that would help Elliott Management Corp.'s NML Capital Fund among other creditors collect on sovereign debt the country repudiated more than a decade ago.

Argentina, which defaulted on a record $95 billion of bonds in 2001, filed a brief Friday with the U.S. Court of Appeals in New York, arguing the rulings illegally interfere with its immunity as a sovereign nation and improperly exert authority over third parties.

Argentina in the process of quitting from World Bank investment disputes centre

Jan 31, http://en.mercopress.com/2013/01/31/argentina-in-the-process-of-quitting-from-world-bank-investment-disputes-centre

Eduardo Barcesat, the chief legal advisor to Argentine's Treasury, is working on this project. He says ICSID is quote: "a tribunal of butchers" that only rules in favour of multinational companies. Barcesat believes quitting the Center would be a key move to recover Argentina's legislative and jurisdictional sovereignty.

Argentina to withdraw from ICSID

Jan 25, http://www.presstv.ir/detail/2013/01/24/285299/argentina-to-withdraw-from-icsid/

Argentina says it plans to withdraw from the International Centre for Settlement of Investment Disputes, I-C-S-I-D, a World Bank body designed to arbitrate between states and foreign investors.

Argentina: Court lifts recess: Cristina Fernandez resumes battle with Clarin and farmers - MercoPress

Jan 05, http://en.mercopress.com/2013/01/05/court-lifts-recess-cristina-fernandez-resumes-battle-with-clarin-and-farmers

Argentina's Civil and Commercial Court decided to lift the January judicial recess as requested by the administration of President Cristina Fernandez and also granted the cautionary measure appeal to the Argentine Rural Society (SRA) that blocks the presidential decree over the taking over of La Rural grounds in Palermo neighbourhood.

Argentina: El Gobierno quiere irse del CIADI para evitar nueva embestida de acreedores

Jan 25, http://www.cronista.com/economiapolitica/El-Gobierno-quiere-irse-del-CIADI-para-evitar-nueva-embestida-de-acreedores-20130125-0041.html

Cristina Fernández viajaría el fin de semana a Chile para participar de la cumbre entre países latinoamericanos y la Unión Europea.

Argentina: Gov't challenges court in Palermo fairgrounds expropriation case

Jan 09, http://www.buenosairesherald.com/article/121313/govt-challenges-court-in-palermo-fairgrounds-expropriation-case

The National Government challenged the recent ruling by the Federal Civil and Commercial Court in the Rural Society grounds expropriation case and called for it to be transferred to a different court, a few days after an injunction over the seizing was issued.

Argentina: Repsol to Sue Argentina's Bridas on YPF Shale Investment

Jan 04, http://www.nasdaq.com/article/repsol-to-sue-argentinas-bridas-on-ypf-shale-investment-20130104-00341

Repsol SA will sue an Argentine company for signing a deal to develop shale oil and gas resources with its nationalized local unit YPF SA (YPF, YPFD.BA), a spokesman for the Spanish oil company said Friday.

Bahamas Branch of Chartered Institute of Arbitrators (CIARB) Prepares To Train Professionals

Feb 01, http://www.thebahamasweekly.com/publish/community/Bahamas_Branch_of_Chartered_Institute_of_Arbitrators_CIARB_Prepares_To_Train_Professionals26260.shtml

Education and Certification Critical to Country Becoming a Reputable and Sophisticated Arbitration Hub in The Americas. Nassau, Bahamas - With the legislative framework in place, retooling Bahamian professionals with the skill sets needed for arbitration is fundamental for The Bahamas to become a successful international arbitration hub in the Americas.

Bahamas can become Americas' '21st century Arbitration hub'

Jan 25, http://www.tribune242.com/news/2013/jan/24/bahamas-can-become-americas-21st-century/

Bertha Cooper-Rousseau, chairperson of the Chartered Institute of Arbitrators' (CIArb) Bahamas branch, told Tribune Business that the organisation was moving rapidly to develop a diverse cadre of local professionals who were fully trained in arbitration, as without them this nation's ambitions would "not be taken as seriously as other centres".

Bahamas can become Americas' '21st century Arbitration hub'

Jan 25, http://www.tribune242.com/news/2013/jan/24/bahamas-can-become-americas-21st-century/

Bertha Cooper-Rousseau, chairperson of the Chartered Institute of Arbitrators' (CIArb) Bahamas branch, told Tribune Business that the organisation was moving rapidly to develop a diverse cadre of local professionals who were fully trained in arbitration, as without them this nation's ambitions would "not be taken as seriously as other centres".

Bahrain Chamber for Dispute Resolution resolves 24 trade disputes

Jan 16, http://www.gulf-daily-news.com/NewsDetails.aspx?storyid=345652

AN international arbitration centre based in Bahrain resolved around 24 cases with a combined value of BD79 million last year. It brings the total number of claims handled by the Bahrain Chamber for Dispute Resolution to 71 since its creation in 2010. Settlements worth just under BD500m have been reached during that time, including BD238m in 2011 and around BD181m in 2010.

Bolivia: Red Electrica seeks arbitration over Bolivia nationalisation

Jan 09, http://www.reuters.com/article/2013/01/08/ree-tde-idUSL5E9C8B4Z20130108

Bosnian entity's oil terminals in Croatian seaport face bankruptcy

Jan 11, http://dalje.com/en-economy/bosnian-entitys-oil-terminals-in-croatian-seaport-face-bankruptcy/455092

The International Court of Arbitration of the International Chamber of Commerce has ruled that Naftni Terminali FBiH has to pay Deltagrip Trading about EUR 7.6 million in damages for cancelling a contract on the lease of oil tanks in Ploce in 2010. Based on this ruling, a court in Sisak, Croatia delivered a decision on the property seizure because of which the oil terminals company's account has been blocked for months.

Brazil Governor Vetoes Oil Tax Ahead of Royalties Fight

Jan 18, http://www.nasdaq.com/article/brazil-governor-vetoes-oil-tax-ahead-of-royalties-fight-20130118-00444

Burma: Foreign-owned garment factories operating under name of Myanmar nationals converted to FDI businesses

Jan 14, http://www.globaltimes.cn/content/755655.shtml

A total of 25 foreign-owned garment factories running under the nominal Myanmar nationals have been converted to foreign direct investment (FDI) businesses in accordance with Myanmar's new foreign investment law, official media reported Monday.

Cambodia: Arbitration Center Elects Board Members

Jan 23, http://www.cambodiadaily.com/news/arbitration-center-elects-board-members-8188/

More than two years after be­ing formally established by the Mi­n­istry of Commerce, the Na­tion­al Arbitration Center (NAC) has voted in a board of directors and will elect its first chairman on Wednesday, officials at the body said on Monday.

Canada: BC First Nation in court against China-Canada Treaty

Jan 23, http://www.firstperspective.ca/news/3102-bc-first-nation-in-court-against-china-canada-treaty

"From a First Nations perspective, if the Chinese company should purchase what they are looking at with Island Timberlands, and if FIPA is signed, it'll be more difficult to protect our sacred sites, water sources, fish-bearing streams," Sayers said.

Canada: First Nations seek to hold up ratification of Canada-China foreign investment treaty

Jan 03, http://www.thestar.com/news/canada/politics/article/1310238--first-nations-seek-to-hold-up-ratification-of-canada-china-foreign-investment-treaty

The Chiefs of Ontario and two British Columbia Indian organizations have written to Prime Minister Stephen Harper to inform him they plan to challenge the Canada-China treaty in court because of what the groups say was a lack of advance consultation with First Nations.

Canada: Griffiths Energy to pay $10.35-million fine for bribing officials in Chad

Jan 23, http://www.calgaryherald.com/business/energy-resources/Griffiths+Energy+million+fine+bribing/7856378/story.html

Griffiths Energy International Inc. pleaded guilty Tuesday and agreed to pay $10.35 million, $850,000 more than what much larger Niko Resources Ltd. paid after admitting guilt in June 2011 under the same section of the Corruption of Foreign Public Officials Act.

Canada: new investment agreement with the Republic of Benin

Jan 09, http://www.pm.gc.ca/eng/media.asp?category=1&pageId=26&id=5222

Prime Minister Stephen Harper and Dr. Thomas Boni Yayi, President of the Republic of Benin and Chairperson of the African Union (AU), today announced the signing of the Canada-Benin Foreign Investment Promotion and Protection Agreement (FIPA). The announcement was made during an official visit to Canada by President Boni Yayi.

Canada: Nortel Creditors Start International Mediation on Splitting $9 Billion

Jan 15, http://www.bloomberg.com/news/2013-01-14/nortel-creditors-start-mediation-on-splitting-9-billion.html

Creditors of Nortel Networks Corp. (NRTLQ), the telecommunications company being liquidated in bankruptcy, gathered in Toronto to try for the third time to agree on how to split $9 billion in cash.

Canada: Nortel mediation talks about $9B in assets fail; retirees angry

Jan 25, http://wraltechwire.com/nortel-retirees-in-u-s-may-be-near-67-million-dollar-settlement/12023559/

Research Triangle Park, N.C. - Creditors of Nortel Networks, the defunct telecommunications company, failed to agree on how to divide about $9 billion in cash, the Canadian judge overseeing the mediation said Thursday. The news angered retirees in Canada.

"For four years, our retirees and former employees have been fighting for a fair share of the pie. We have been treated as pawns in this game by vulture bond funds," Don Sproule, president of the Nortel Retirees and former employees Protection Canada, said, according to The Star newspaper in Toronto.

Canada: Thallion Pharmaceuticals Announces Positive Outcome in Final Arbitration of Tln-232 License Agreement

Jan 07, http://www.thallion.com/en/news-events/press-release.php?id=135

Thallion Pharmaceuticals Inc. today announced that it received a binding, final award (the "Final Award") from the International Chamber of Commerce (ICC) International Court of Arbitration regarding the dispute with the licensor of TLN-232, Expergen GmbH Drug Development ("Expergen"). Pursuant to the Final Award, the Arbitral Tribunal concluded, among other things, that all claims for damages by Expergen against Thallion have been rejected. Thallion will not bear any new costs in respect of the arbitration, other than the legal expenses incurred to date, a portion of which the Arbitral Tribunal ordered Expergen to reimburse to Thallion.

"We are extremely pleased with the positive outcome of these arbitration proceedings," said Dr. Allan Mandelzys, CEO of Thallion. "The Final Award confirms our initial position that no damages were suffered by Expergen as a result of the termination of the license agreement."

CEZ to protest against revoking of its unit's licence in Albania

Jan 21, http://praguemonitor.com/2013/01/22/%C4%8Dez-protest-against-revoking-its-units-licence-albania

CTK - "CEZ in principle opposes this conduct, with decisions on the company's management and operations to be done solely by the regulating authority, and considers it incompatible with any European standards but also with any Albanian laws. Therefore, the company is going to take legal action immediately and notify the Albanian Government of its intention to initiate an international arbitration," Pulpanova said.

Top Chinese diplomat thinks dispute with Japan over islands can be 'controlled' soon

Jan 25, http://www.washingtonpost.com/business/top-chinese-diplomat-thinks-dispute-with-japan-over-islands-can-be-controlled-soon/2013/01/25/88ca4106-6710-11e2-889b-f23c246aa446_story.html

DAVOS, Switzerland - A top Chinese diplomat expressed hope Friday that Beijing's dispute with Japan over islands claimed by both countries can be "controlled" soon, and a leading Chinese academic predicted it could be settled within two years.

China Likely to Ignore Philippines' Challenge in South China Sea

Jan 23, http://www.voanews.com/content/china-likely-to-ignore-philippines-challenge-in-south-china-sea-dispute/1589292.html

Analysts say China will likely ignore the Philippines' decision to take a long-running territorial feud to an international tribunal, continuing its insistence on solving maritime disputes without third party involvement.

China MediaExpress a Fraud, Hong Kong Arbitration Rules

Jan 16, http://www.bloomberg.com/news/2013-01-16/china-mediaexpress-a-fraud-hong-kong-arbitration-rules.html

China MediaExpress Holdings Inc., which obtained a U.S. stock listing without an initial public offering by buying a listed company, was a fraudulent enterprise, a Hong Kong arbitration panel ruled, awarding Starr International Co. as much as $77 million in damages.

China reiterates islands claim after Philippine UN move

Jan 23, http://www.bbc.co.uk/news/world-asia-21163507

China has reiterated its claim to a group of islands in the South China Sea, saying it has "indisputable sovereignty" over the area.

China urged to face Philippines at UN tribunal - senior U.S. lawmaker

Jan 29, http://www.usnews.com/news/world/articles/2013/01/29/china-urged-to-face-philippines-at-un-tribunal

AP - A senior U.S. lawmaker meeting with Philippine officials said Tuesday that China should agree to face the Philippines before a U.N. arbitration tribunal to avoid a possible crisis over their long-raging territorial disputes in the South China Sea.

China: CIETAC Announcement On Issues Concerning CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission

Dec 31, http://www.cietac.org/index/news/477c273326f6e97f001.cms

China International Economic and Trade Arbitration Commission (CIETAC) is a foreign-related arbitration commission set up by the China Council for the Promotion of International Trade (China Chamber of International Commerce) (CCPIT/CCOIC)upon the decision of the Central People's Government. CCPIT (CCOIC) is the authority by the Arbitration Law of the People's Republic of China to set up a foreign-related arbitration commission and to formulate foreign-related arbitration rules.

The CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission (originally named the CIETAC Shenzhen Sub-Commission) were set up by the decision of CCPIT (CCOIC) upon approval of the State Council. Both the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission are branch offices of CIETAC.

The CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission have decided without authorization not to accept the lawfully revised CIETAC Arbitration Rules (2012), set up respectively their own arbitration rules and panels of arbitrators, refused to remain under the leadership of CIETAC in respect of case administration, and declared themselves independent arbitration commissions.

The CIETAC South China Sub-Commission has changed its name without authorization and lawful procedure into Shenzhen Court of International Arbitration and South China International Economic and Trade Arbitration Commission and has changed without authorization its institutional status of a sub-commission of CIETAC.

All of the above conducts by The CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission are done without any legal basis.

In order to uphold the uniformity of the legal system of arbitration in China, safeguard parties' arbitration rights and ensure CIETAC's normal business operation, upon authorization and approval by the CCPIT (CCOIC) and in accordance with the Arbitration Law of China, the CIETAC Articles of Association and the CIETAC Arbitration Rules, CIETAC hereby announces the following decisions on the issues concerning the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission:

1. The conduct of changing its name and its institutional status of a sub-commission of CIETAC by the CIETAC South China Sub-Commission without lawful procedure is null and void by law. The arbitration rules and panel of arbitrators made by the CIETAC South China Sub-Commission in the name of South China International Economic and Trade Arbitration Commission without authorization are null and void by law.

2. The CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission are hereby forbidden to continue in any way and any form the use of the name, brand and relevant logo of "China International Economic and Trade Arbitration Commission", either in Chinese or English, and to conduct any further arbitration activities in the names of CIETAC Shanghai sub-commission and CIETAC South China Sub-Commission.

3. Authorization to the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission for accepting and administering arbitration cases is hereby terminated.

4. Where parties have agreed to arbitrate their disputes by the CIETAC Shanghai Sub-Commission or the CIETAC South China Sub-Commission, the parties shall submit their requests for arbitration to CIETAC and the CIETAC Secretariat shall accept such requests and administer such cases. Without CIETAC's authorization, no institutions shall have the right to accept or administer the afore-mentioned arbitration cases.

5. When the CIETAC Secretariat accepts and administers the above-mentioned cases, unless otherwise agreed by the parties, for cases agreed to be arbitrated by the CIETAC Shanghai Sub-Commission, the place of arbitration and the place of oral hearing shall be Shanghai; for cases agreed to be arbitrated by the CIETAC South China Sub-Commission, the place of arbitration and the place of oral hearing shall be Shenzhen.

6. For information and consultation about the afore-mentioned cases, please contact the CIETAC Secretariat.

7. Cases accepted and administered by the CIETAC Shanghai Sub-Commission and the CIETAC South China Sub-Commission before 1 August 2012 may be concluded in accordance with the CIETAC Arbitration Rules and under the uniform leadership of CIETAC in respect of case administration as provided in the Rules.

8. Separate arrangement will be made with regard to the business operation of CIETAC's branch offices in Shenzhen and Shanghai.

We regret any inconvenience caused by the inappropriate conduct by the relevant sub-commissions. As always, CIETAC will strive to provide quality and efficient arbitration services to parties home and abroad.

China International Economic and Trade Arbitration Commission (the seal)

China: Fu Jianzhong is hoping to launch an international case over his investment in a Russian forest

Jan 09, http://www.globaltimes.cn/content/754812.shtml

After five years of gathering evidence, Fu Jianzhong is hoping to launch an international case over his investment in a Russian forest, which he claims has resulted in losses of over 250 million yuan ($41 million). ... Fu said he submitted an application on December 12, 2012 to the Bureau of Commerce of Zhejiang Province, to apply to MOFCOM to launch international arbitration this year.

China: Sainty Marine and Fuyi Shipping arbitration update

Jan 31, http://www.hellenicshippingnews.com/News.aspx?ElementID=8a05d089-41c4-413b-8408-2c6e6c94d2b1

Sainty Marine has announced updates on its arbitration case with Fuyi Shipping. According to the announcement, Fuyi Shipping has asked the arbitral tribunal to support its request of terminating the shipbuilding contract with Sainty Marine and getting back the prepayment of US$19.8m and relevant interest from Sainty Marine.

Chinese Government To Open Mediation Center For Online Piracy Disputes

Jan 22, http://techcrunch.com/2013/01/22/chinese-government-to-open-mediation-center-for-online-piracy-disputes/

Slated to launch later this year, the center will be part of the MIIT, which made the announcement at a meeting of the Internet Society of China and the Mediation Center of Internet Legal Professionals held in Beijing on January 17. The conference, convened to discuss the surge in intellectual property disputes and litigation, was attended by more than 100 people representing the Chinese government and court system, as well as Internet companies like Baidu, Sina and Taobao.

Dubai court in bid for global status

Feb 01, http://www.globallegalpost.com/global-view/dubai-court-in-bid-for-global-status-40229129/

One of the two leading common law courts in the Persian Gulf free zones has cut a groundbreaking deal with its English counterpart over the recognition of judgments. The Dubai International Financial Centre Court – which was launched in the boom days of Gulf expansion in 2004 – last week issued joint guidance on the mutual recognition of judgments with the London High Court in a bid to boost global confidence in its rulings.

Dubai International Arbitration Centre (DIAC): Fewer business disputes in Dubai as property market recovers

Jan 16, http://www.thenational.ae/thenationalconversation/industry-insights/economics/fewer-business-disputes-in-dubai-as-property-market-recovers

Arbitration cases dropped 14 per cent to 379 last year, down from 440 in 2011, according to data released yesterday by the Dubai Chamber of Commerce and Industry, which oversees the centre.

Egypt: Investors may seek International arbitration as talks with Egypt government stall

Jan 03, http://english.mubasher.info/portal/TDWL/getDetailsStory.html?storyId=2222380&goToHomePageParam=true

Source at Ministry of Investment confirmed that a number of Arab and foreign investors are re-considering resorting to international arbitration to resolve the legal actions related to selling privatized companies to them.

Se inicia proceso de anulación del Caso Oxy con la conformación del Comité

Jan 14, http://www.pge.gob.ec/es/rotativo/1942-segun-notificacion-de-la-secretaria-general-del-ciadi-se-inicia-el-proceso-de-anulacion-del-caso-oxy-con-la-conformacion-del-comite-ad-hoc-que-lo-conocera.html

SE INICIA EL PROCESO DE ANULACIÓN DEL CASO OXY CON LA CONFORMACIÓN DEL COMITÉ AD HOC QUE LO CONOCERÁ

El pasado 11 de enero, la Secretaria General del Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (CIADI) informó sobre la designación del Comité ad hoc que conocerá la solicitud de anulación presentada el 9 de octubre pasado por el Estado ecuatoriano, sobre el laudo por el cual el Tribunal a cargo del proceso conocido como "caso OXY" condenó a nuestro país al pago de una indemnización superior a USD 1.700 millones, debido a la declaratoria de caducidad del contrato del Bloque 15 en el año 2006.

En su notificación, el CIADI anunció que dicho Comité estará conformado por los jueces Juan Fernández-Armesto (español), Florentino Feliciano (filipino) y Rodrigo Oreamuno (costarricense). Una vez posesionados, los jueces establecerán el calendario procesal para que las partes -la República del Ecuador y OXY- presenten sus posiciones por escrito, y definirá la fecha en la que se llevará a cabo la audiencia.

La solicitud de anulación presentada por el Estado ecuatoriano, y registrada por la Secretaría General del CIADI el 11 de octubre de 2012, se sustenta jurídicamente en los graves errores en los que incurrió el Tribunal al momento de valorar los hechos y aplicar el derecho, así como en los manifiestos excesos en el ejercicio de sus competencias al tomar decisiones sin motivación o con motivación insuficiente o contradictoria, que violaron las reglas fundamentales del procedimiento establecido por el mismo Convenio CIADI.

A criterio del Procurador General del Estado, doctor Diego García Carrión, el inicio de este proceso de Anulación genera gran expectativa en el equipo de defensa jurídica de Ecuador, y de seguro en los demás Estados soberanos que tienen arbitrajes en el CIADI, en tanto abre la posibilidad de que se corrijan los graves errores de los que adolece el laudo emitido por el Tribunal el 5 de octubre, cuyas inconsistencias pusieron en tela de duda la credibilidad e imparcialidad de todo el Sistema de Arbitraje Internacional de Inversiones.

ENRC oligarchs sued for $27m by former corporate financial adviser

Jan 03, http://www.guardian.co.uk/business/2012/dec/27/enrc-oligarchs-sued-financial-adviser

Kirill Stein claims billionaire trio who founded controversial mining company owe him unpaid fees and interest

Fernandez Infuriates Investors While Ducking Argentine Austerity

Jan 30, http://www.bloomberg.com/news/2013-01-30/fernandez-infuriates-investors-while-ducking-argentine-austerity.html

The International Monetary Fund meets in two days to consider censuring Argentina for failing to honestly report an inflation rate that private economists estimate at 26 percent. Between soaring prices and the region's worst performing currency, bond investors demand the highest return among major emerging markets to own Argentine debt. The country's notes yield 1,084 basis points, or 10.84 percentage points, more than U.S. Treasuries, according to JPMorgan Chase & Co.'s EMBIG index.

Filipino businessman says arbitration to further delay gas exploration bid in South China Sea

Jan 25, http://www.foxnews.com/world/2013/01/24/filipino-businessman-says-arbitration-to-further-delay-gas-exploration-bid-in/

MANILA, Philippines - A Filipino businessman says the Philippines' elevation of its territorial dispute with China to international arbitration further complicates his company's already delayed bid to explore for oil and gas at the Reed Bank in the South China Sea.

France: IMF's Lagarde Stands by Arbitration in Tapie Case

Jan 24, http://www.4-traders.com/business-leaders/Bernard-Tapie-208/news/IMF-s-Lagarde-Stands-by-Arbitration-in-Tapie-Case--15966052/

PARIS--Christine Lagarde, the head of the International Monetary Fund, Friday stood by the decision to send the case of French tycoon Bernard Tapie to arbitration that resulted in him receiving hefty damages five years ago when she was France's finance minister.

France: Police Raid Home of France Telecom's CEO

Jan 24, http://www.nasdaq.com/article/police-raid-home-of-france-telecoms-ceo-20130124-01421

Dow Jones Newswires - PARIS - French police raided the home of France Telecom SA's (FTE, FTE.FR) chief executive Thursday morning, escalating probes into whether former government officials were complicit in encouraging payment of hefty damages to a French tycoon nearly five years ago, and then in covering up their involvement.

Fridman's Alfa, Cukurova Get Split Decision on Turkcell

Jan 30, http://www.bloomberg.com/news/2013-01-30/fridman-s-alfa-cukurova-get-split-decision-on-turkcell.html

Cukurova Holding AS may be able to recover a 13.7 percent stake in Turkcell Iletisim Hizmetleri AS from Mikhail Fridman's Alfa Group after a U.K. court ruling that gave both companies room to declare victory.

Gazprom seeks to abolish Transgas RWE ruling

Jan 18, http://rapsinews.com/judicial_news/20130118/266119802.html

RAPSI - Gazprom Export has filed an appeal with the International Arbitration Center of the Austrian Federal Economic Chamber to abolish the recent ruling in its dispute with RWE Transgas, the Czech subsidiary of the German RWE, the PRIME business news agency reported on Friday, citing a company statement.

Gazprom Sends Ukraine $7 Billion Bill as Gas Dispute Deepens

Jan 27, http://www.bloomberg.com/news/2013-01-27/gazprom-sends-7-billion-bill-to-naftogaz-as-gas-dispute-deepens.html

OAO Gazprom (GAZP) sent Ukraine's state-run energy company a $7 billion bill for failing to import agreed natural-gas volumes last year, in an echo of a conflict that twice disrupted shipments to European customers in recent years.

Germany: Live Nation - The Cost of Dumping Eventim

Jan 04, http://www.pollstar.com/news_article.aspx?ID=803769

With the end of 2012, Live Nation should soon finally know the cost of severing its agreement with German ticketing giant CTS Eventim. It's been more than two years since Eventim chief Klaus Peter Schulenberg took what he considers to be a breach of contract to the International Court Of Arbitration. The court was expected to let both sides know its verdict by the end of 2012.

Ghana: Canadian Trade Mission meeting opens in Accra - work started on bilateral investment treaty

Feb 01, http://www.viasat1.com.gh/v1/vnews/business.php?postId=660

Madam Hannah Tetteh, Minister of Foreign Affairs and Regional Integration, has noted that investment promotion should be a shared responsibility in order to improve the economic development of the country. ... According to her, work has started on the bilateral investment treaty, and was expected to be completed soon.

Hondurans demand pay for expropriated lands

Jan 15, http://www.ticotimes.net/Current-Edition/News-Briefs/Hondurans-demand-pay-for-expropriated-lands_Tuesday-January-15-2013

TEGUCIGALPA - More than 100 Hondurans on Tuesday demanded the government of Porfirio Lobo pay some $70 million in compensation for the expropriation of 10,000 hectares in the department of Olancho, where a hydroelectric plant project is being developed by a Chinese company.

"You want the Patuca III project? Then pay," read some banners carried by residents of Patuca, a town located 220 miles east of Tegucigalpa, where the project is been built.

Hong Kong signs arrangement with Macao on arbitration co-operation

Jan 07, http://www.info.gov.hk/gia/general/201301/07/P201301070502.htm

The Secretary for Justice, Mr Rimsky Yuen, SC, signed an arrangement with the Macao Special Administrative Region today (January 7) to provide mutual recognition and enforcement of arbitral awards in both places.

The Arrangement Concerning Reciprocal Recognition and Enforcement of Arbitral Awards Between the Hong Kong Special Administrative Region (HKSAR) and the Macao Special Administrative Region (Macao SAR) were signed by Mr Yuen and the Secretary for Administration and Justice of the Macao SAR, Ms Florinda Chan, at Macao's government headquarters this afternoon.

Under the Arrangement, the courts of the HKSAR shall recognise and enforce arbitral awards made in the Macao SAR pursuant to the laws of arbitration of the Macao SAR and the courts of the Macao SAR shall recognise and enforce arbitral awards made in the HKSAR pursuant to the Arbitration Ordinance of the HKSAR.

Where a party fails to comply with an arbitral award, whether made in the HKSAR or the Macao SAR, the other party may apply to the relevant court in the place where the party against whom the application is filed is domiciled or the place in which the property of the said party is situated for recognition and enforcement of the award.

The Arrangement was made in accordance with the provisions in the Basic Law of the HKSAR and the Macao SAR. The content of the arrangement is made in accordance with the spirit of the New York Convention and is broadly similar to the existing arrangements on the same issue between Hong Kong and the Mainland and between Macao and the Mainland.

The conclusion of the arrangement will add certainty to the enforceability of Macao arbitral awards in Hong Kong and vice versa, and provide a simple and effective mechanism in both jurisdictions on reciprocal enforcement of arbitral awards. It will also foster legal and judicial co-operation between Hong Kong and Macao in civil and commercial matters, and enhance Hong Kong's position as a regional arbitration centre for commercial disputes in Asia Pacific.

During his stay in Macao today, Mr Yuen also took the opportunity to visit other legal and judicial organisations in Macao. These included the Macao SAR's Public Prosecutions Office, Court of Final Appeal, Secretariat for Administration and Justice, and Legal Affairs Bureau. He held constructive meetings with his counterparts for the purpose of enhancing mutual exchanges and relations of the two sides in legal and judicial matters.

Also joining the visit today was the Deputy Solicitor General (General), Mr Peter Wong.

Mr Yuen returned to Hong Kong this evening.

How Zimbabwean's land case ended up in SA's legal system

Jan 28, http://www.bdlive.co.za/world/africa/2013/01/28/how-zimbabweans-land-case-ended-up-in-sas-legal-system

DISPOSSESSED Zimbabwean farmer Mike Campbell was able to take his case to the judiciary in South Africa because of the Southern African Development Community (Sadc) Tribunal decision, pronounced before it was dissolved, which found Zimbabwe to have been in violation of the Sadc Treaty.

Inda: BIPA talks put on hold

Jan 21, http://www.thehindu.com/business/Economy/all-bipa-negotiations-put-on-hold/article4329332.ece

In a significant development, the Union Government has ordered a freeze of all Bilateral Investment Protection Agreements (BIPA) negotiations till a review of the model text of BIPA is carried out and completed. This follows a spate of show cause notices on the Government by foreign companies seeking to recover their investments under the agreement.

The freeze will continue till the Government reviews the model text of BIPA is completed. The issue has figured in summit meetings with Russian President Valdimir Putin having raised the issue in his annual meeting with Prime Minister Manmohan Singh last month.

India: Government revives Rs 14,000 crore tax demand on Vodafone; company may go for arbitration - Economic Times

Jan 07, http://articles.economictimes.indiatimes.com/2013-01-05/news/36161742_1_vodafone-transaction-british-telecom-giant-vodafone-tax-authorities

NEW DELHI: Indian tax authorities have revived a Rs 14,000-crore tax demand on British telecom giant Vodafone, seven months after the government approved a retrospective amendment seeking to tax overseas deals in which local assets changed hands.

India: Government wants to resolve RIL row over KG-D6 block via talks: Veerappa Moily, Oil Minister

Jan 22, http://economictimes.indiatimes.com/news/news-by-industry/energy/oil-gas/government-wants-to-resolve-ril-row-over-kg-d6-block-via-talks-veerappa-moily-oil-minister/articleshow/18123335.cms

NEW DELHI: The government wants to junk arbitration proceedings and favours direct negotiations with Reliance Industries in its long-running dispute over the cost of developing the controversial KG-D6 block, Oil Minister Veerappa Moily told ET, heralding a paradigm shift in the ministry's stance towards Mukesh Ambani's firm.

India: Indraprastha Gas keen to buy Asian Development Bank stake in Petronet LNG

Jan 04, http://profit.ndtv.com/news/corporates/article-indraprastha-gas-keen-to-buy-asian-development-bank-stake-in-petronet-lng-315570

New Delhi: Indraprastha Gas Ltd is keen to buy Asian Development Bank's 5.2 per cent stake in Petronet LNG Ltd, the nation's largest liquefied natural gas importer. ... Asian Development Bank (ADB) stake going to IGL will help resolve long-standing dispute between Petronet's principal promoters and the firm's management led by its chairman and oil secretary.

India: ONGC, Great Eastern Energy spar over coal bed methane block

Jan 24, http://www.thehindubusinessline.com/industry-and-economy/ongc-great-eastern-energy-spar-over-coal-bed-methane-block/article4344434.ece?homepage=true&ref=wl_home

There have been cases in the past when the same coalfield was awarded by different ministries to different operators for mining as well as coal bed methane (CBM) exploration. Now, the Union Ministry for Petroleum and Natural Gas (MoPNG) has similarly awarded a number of oil and gas assets of ONGC.

In 2010, the Centre awarded the Mannargudi Lignite (MG-CBM-2008_IV) exploratory CBM asset in Tamil Nadu to the Y. K. Modi-controlled Great Eastern Energy Corporation Ltd (GEECL). The company is India's first commercial producer of CBM from Ranigunj in West Bengal.

In an interesting turn of events, the block is now found to be overlapping a number of onshore nomination blocks of the public sector oil and gas major ONGC. What is more surprising, ONGC even has some installations producing oil and gas, within the 766 sq. km. area carved out for the CBM block.

India: SSTL petition to be heard on Thursday, new round of auctions in March

Jan 09, http://www.telegeography.com/products/commsupdate/articles/2013/01/08/sstl-petition-to-be-heard-on-thursday-new-round-of-auctions-in-march/

The curative petition of Russian-backed provider Sistema Shyam TeleServices (SSTL), challenging the February 2012 decision to revoke its operating licences, is scheduled for a hearing on 10 January 2013, just over a week before the cellco will be obliged to shut down, the Business Standard reports.

India: US seeks strong investor protection rules in bilateral pact

Jan 29, http://www.firstpost.com/economy/us-seeks-strong-investor-protection-rules-in-bilateral-pact-605931.html

Agra: US has sought a high level of openness, strong rules on investor protection and effective means for resolving investment disputes under its proposed Bilateral Investment Treaty (BIT) with India.

India: Vodafone set to escape pounds sterling 1.6BN Indian tax bill

Jan 13, http://www.equities.com/news/headline-story?dt=2013-01-14&val=920071&cat=telecom

TELECOMS giant Vodafone could escape paying at least part -- or even all -- of a pounds sterling 1.6 billion tax bill in India after it emerged that New Delhi is planning to amend the legislation that led to the demand.

Indonesia: Farmers' Group Backs Government in WTO Complaint Brought by US

Jan 22, http://www.thejakartaglobe.com/business/farmers-group-backs-government-in-wto-complaint-brought-by-us/566616

A prominent farmers' lobby is urging the government not to cede ground to the United States over a dispute about Jakarta's livestock and food crop import policies, which have been criticized as protectionist. Fadli Zon, secretary general of the Indonesian Farmers Association (HKTI), said on Sunday that his group supported the government despite a complaint filed by Washington with the World Trade Organization last week over Indonesia's regulations on imports of horticultural products, animal products and animals. "The HKTI supports all government efforts to counter this complaint," he said.

Indonesia: Samin Tan's Borneo Lumbung Drops 3.64% on Arbitration Case

Jan 22, http://www.theindonesiatoday.com/news/finance-news/finance-photo/item/2644-samin-tan-s-borneo-lumbung-drops-3-64-on-arbitration-case.html

Indonesia Today - Shares of Coking coal producer PT Borneo Lumbung Energi & Metal Tbk (BORN), a company controlled by Samin Tan Group, dropped 3.64% this morning as investors were digesting news surrounding arbitration filed by Transasia Minerals.

Iraq tells Exxon to choose: Southern Iraq or Kurdistan

Jan 27, http://uk.reuters.com/article/2013/01/27/uk-iraq-exxon-idUKBRE90Q06O20130127

Reuters - Iraq has told Exxon Mobil (XOM.N) it must choose between working in its southern oilfields or in Kurdistan, and Baghdad expects the U.S. oil major to make a final decision in a few days, its oil minister said on Sunday.

Iraq: Kurdistan Regional Government (KRG) Statement On Oil & Gas Policy by the Kurdistan Regional Government

Jan 17, http://www.krg.org/a/d.aspx?l=12&a=46337

The Kurdistan Regional Government is proud of the achievements of its oil and gas industry since the fall of the former regime in 2003.

It expects the federal government of Iraq to be proud of them, too.

...

Iraq: Organization of the Islamic Cooperation (OIC) offers Iraq mediation to overcome tension

Jan 15, http://www.worldbulletin.net/?aType=haber&ArticleID=101699

Organization of the Islamic Cooperation (OIC) SG Ekmeleddin Ihsanoglu has offered mediation in Iraq in order to overcome political conflict.

Israel: Law students hope for win in mediation competition

Jan 31, http://www.jpost.com/NationalNews/Article.aspx?id=301595

Bar-Ilan students to travel to Paris to try to repeat success of last year's delegation in Int'l Chamber of Commerce's mediation competition.

James Falgout, Barbara Falgout, Clarence Johnson, and Retire in Chiriqui, SA v Republic of Panama - Formal Notice of Intent to Arbitrate

Dec 31, http://www.ripoffreport.com/republic-of-panama/financial-services/panama-city-other-e1b72.htm

This document constitutes formal legal notice under Articles 10.15 and 10.16.2 of Chapter 10, Investment, of the United States-Panama Trade Promotion Agreement dated 28 June 2007 (approved by Panama on 11 July 2007 and by the United States on 21 October 2011),(hereinafter "the FTA")[1], that a dispute has arisen between the Republic of Panama and the following qualifying United States investors:

Japan and Philippines to Boost Bilateral Ties amid Dispute with China

Jan 11, http://www.economywatch.com/in-the-news/japan-and-philippines-to-boost-bilateral-ties-amid-dispute-with-china-10-01.html

Japanese foreign minister Fumio Kishida on Thursday called for stronger bilateral ties with the Philippines to help ensure regional peace amid an intense territorial dispute with China. Both countries are locked in separate disputes with China.

Judgment in Case E-16/11 EFTA Surveillance Authority v Iceland ("Icesave") - Application of the EFTA Surveillance Authority in the Case of Icesave Dismissed [pdf]

Jan 28, http://www.eftacourt.int/images/uploads/16_11_PR_EN.pdf

During a worldwide financial crisis in 2008 the Icelandic banking sector collapsed. As part of the financial crisis, the depositors of Landsbanki Íslands hf. ("Landsbanki") at its branches in the Netherlands and the United Kingdom lost access to their deposits in the autumn of 2008. This included the so-called Icesave-on-line savings accounts. Consequently, Iceland's Depositors' and Investors' Guarantee Fund should have been obliged to pay the minimum guarantee per depositor according to the rules and time limits as set out in the Icelandic law implementing Directive 94/19/EC on deposit-guarantee schemes ("the Directive"). However, no such payments were made to those depositors. The UK and Netherlands authorities arranged for a pay out of retail depositors from their own deposit-guarantee schemes. On the other hand, domestic deposits in Landsbanki had been transferred to a new bank "new Landsbanki" which was established by the Icelandic Government.

Against this background the EFTA Surveillance Authority ("ESA") lodged an application with the EFTA Court. ESA sought a determination that Iceland had failed to comply with its obligations resulting from the Directive, in particular Articles 3, 4, 7 and 10 thereof, (first plea) and/or Article 4 EEA (second and third pleas) since it did not ensure payment of the minimum amount of compensation (EUR 20 000) to Icesave depositors in the Netherlands and the United Kingdom within the given time limits. The application was supported by the European Commission as intervener.

Written observations were submitted by the Principality of Liechtenstein, the Kingdom of the Netherlands, the Kingdom of Norway and the United Kingdom. These EEA States limited their observations to the first plea only.

In today's judgment, the Court dismissed the application.

...

Kenya: Nairobi Centre for Arbitration to speed up court cases

Jan 29, http://www.nation.co.ke/Features/smartcompany/Centre-to-speed-up-court-cases/-/1226/1677626/-/4q36k0/-/index.html

Commercial disputes in Kenya have been known to drag on for decades in courtrooms while concerned parties pay millions of shillings in legal fees.

Avoiding these drawn out cases sometimes means taking a detour across the oceans for resolution. Popular destinations include the United Kingdom, Mauritius and Switzerland. Here, companies spend millions of shillings in arbitration fees as well as accommodation.

After nearly two decades of flirting with the idea of an international arbitration office in Nairobi, it seems that the centre is about to come to reality making the reality of years and millions of shillings sacrificed to litigation a thing of the past.

On January 14, President Kibaki ascended into law the Nairobi Centre for Arbitration Act, 2012. The piece of legislation proposes creation of an alternative dispute resolution centre in Nairobi which would rival those in Mauritius and South Africa.

The law is available on TDM here https://www.transnational-dispute-management.com/legal-and-regulatory-detail.asp?key=9129 (sign in to download)

Kyrgyzstan aims to strip Canadian gold firm of tax status

Jan 29, http://rapsinews.com/news/20130129/266218447.html

MOSCOW, January 29 - RAPSI. Kyrgyzstan's cash-strapped government wants to renegotiate its agreement with its largest foreign investor, Toronto-based Centerra Gold, and to end the company's privileged tax agreement, Economics Minister Temir Sariyev said Monday.

Kyrgyzstan: Bishkek Locks Horns with Key Investor

Jan 29, http://www.eurasianet.org/node/66458

Lawmakers in Kyrgyzstan are again trying to force Toronto-based Centerra Gold, the country's largest foreign investor, to renegotiate the terms of a mining deal that generates up to 12 percent of GDP. Any new operating contract would be the third for the country's flagship Kumtor Gold Mine in less than a decade.

Kyrgyzstan: Centerra Gold Responds to Kyrgyz Media Reports on the Kumtor Project

Jan 25, http://www.centerragold.com/sites/default/files/news-releases-en/cg-01252013-en.pdf

Centerra Gold Inc. (TSX: CG) responds to media reports in the Kyrgyz Republic regarding the Kumtor Project. Based on such media reports, the Company understands that at a Government meeting held on January 24, 2013, Prime Minister Mr. J. Satybaldiyev, and Minister of the Economy, Mr. T.A. Sariev, made public statements endorsing certain recommendations of the State Commission formed to investigate the Kumtor Project (see Centerra's news release dated November 7, 2012 for information regarding the State Commission). According to the media reports, Mr. Sariev, who is also the Chair of the State Commission, called on the Government of the Kyrgyz Republic to open negotiations on the terms under which the Kumtor Project is governed, with a view to requiring it to accept a new tax regime and pay higher environmental charges. Prime Minister Satybaldiyev is also reported to have confirmed that the Government does not intend to nationalize the Kumtor Project and to have indicated a desire to have further discussions with the Company.

Centerra expects to continue discussions with the Government of the Kyrgyz Republic, with the objective of resolving matters through constructive dialogue. There can be no assurance, however, that this will be the case. Centerra notes that any discussion of the Kumtor Project must take into account existing legal obligations and binding commitments. In particular, the Kumtor Project is governed by project agreements signed in June 2009, including the restated investment agreement (collectively, the "Project Agreements"), which provides for a specified tax regime to apply to all Kumtor activities. The Project Agreements were approved by all relevant Kyrgyz Republic government authorities in 2009, including the Kyrgyz Republic Government and Parliament, and are the subject matter of a legal opinion issued by the Kyrgyz Republic Ministry of Justice and a decision by the Kyrgyz Republic Constitutional Court. Centerra has confidence in the continuing validity of the Project Agreements, which provide as well for disputes concerning the project to be resolved by international arbitration, if necessary.

The Kumtor mine continues to operate according to plan.

La mediación es un 76% más barata que la justicia ordinaria según datos del Banco Mundial

Jan 24, http://www.diariojuridico.com/actualidad/noticias/la-mediacion-es-un-76-mas-barata-que-la-justicia-ordinaria-segun-datos-del-banco-mundial.html

Giuseppe de Palo, presidente del ADR Center -Firma italiana líder en resolución alternativa de controversias-, ha recordado que la mediación permitiría un ahorro sustancial en el coste y la duración de los litigios si su uso se generalizara en la Unión Europea. Según un estudio realizado por el centro que preside, basado en datos del Banco Mundial, un litigio en primera instancia dura en la Unión Europea 548 días, con un coste de 10.499 euros. Sin embargo, si la disputa se resolviera a través de la mediación la duración sería de 88 días y el coste de 2.497 euros. Esto supone un ahorro del 76,22% respecto a lo que costaría resolver el mismo conflicto mediante justicia ordinaria.

Lao: Siva (Thai-Lao Lignite) suffers setback in Laos project arbitration

Jan 09, http://www.bangkokpost.com/business/economics/329537/siva-suffers-setback-in-laos-project-arbitration

The dispute between Thai-Lao Lignite (TLL) and the Lao government has taken a new twist benefiting the latter, with the recent verdict by a Malaysian court setting aside an arbitration award that Vientiane was ordered to pay the Thai firm.

Lithuania aims to resolve disputes with Gazprom-minister - Interview

Jan 11, http://www.reuters.com/article/2013/01/11/lithuania-gazprom-idUSL5E9CAD3J20130111

Maire Tecnimont Files its Arbitration Claim for USD1.3 Billion Against Endesa Chile (Enel Group)

Jan 17, http://www.mairetecnimont.com/en/media/pressrelease/17.01.2013-tecnimont-presenta-domanda-arbitrale-per-usd1-3-miliardi-contro-endesa-chile-gruppo-enel?set_language=en

Milan, 17 January 2013 - Maire Tecnimont S.p.A. informs that - in relation to the EPC contract for the construction of Bocamina II thermoelectric plant in Chile and in the framework of the pending arbitration proceeding against Endesa Chile (Enel Group) before the ICC in Paris - its subsidiaries, Tecnimont, Tecnimont Chile and Tecnimont do Brasil have filed the relevant briefs and counterclaims.

The total amount of damage claimed by Tecnimont Group from Endesa Chile (Enel Group) has been quantified in USD1.3 billion.

The amount claimed includes the restitution of the value of the bank guarantees that Tecnimont claims illegally enforced by Endesa Chile as well as the greater costs that should have entitled contract variations, especially as a result of the big earthquakes and of the extremely violent protests of the local population against the plant construction. The amount claimed also considers the residual part of the contract price, which has not been paid yet by Endesa Chile, and the damages caused by the collection of the bank guarantees by Endesa Chile on 16 October 2012, which Tecnimont deems lacking the presuppositions required.

Starting from December 2012, the consortium of which Tecnimont is a member had notified Endesa Chile of the EPC contract termination for breach of the same Endesa Chile. It should be noted that all costs associated with the project, including the provision relating to the guarantee enforcement, have been booked in the interim report at 30 September 2012.

Malaysia: Sealink Starts Arbitration Against Boustead Penang Shipyard

Dec 31, http://www.asiasealink.com/investor_relations.html

The Board of Directors of Sealink International Berhad ("SEALINK" or "the Company") wishes to announce an entity within the SEALINK Group has commenced Arbitration against Boustead Penang Shipyard Sdn Bhd ("BPS"). The Notice of Arbitration was sent by Rajah & Tann LLP.

Malaysia: Zelan to proceed with arbitration procedures

Jan 03, http://biz.thestar.com.my/news/story.asp?file=/2013/1/3/business/12529395&sec=business

PETALING JAYA: Zelan Bhd will commence arbitration procedures on several disputes in relation to the RM771mil Meena Plaza mixed use development project in Abu Dhabi, United Arab Emirates.

In a filing with Bursa Malaysia, it said its subsidiary Zelan Holdings (M) Sdn Bhd's Abu Dhabi Branch has issued notices of intention to Meena Holdings LLC to commence arbitration on several disputes in relation to the said project.

Malta: Leni Gas and Oil Plc: Legal Proceedings commenced against Mediterranean Oil and Gas

Jan 3, http://www.lenigasandoil.com/rns-detail?id=11446466#

LGO today announces that, further to its statements of 3 and 4 September 2012, it has today issued proceedings against Mediterranean Oil and Gas Plc ("MOG") in the High Court of England and Wales in regard to the Company's 31 July 2012 sale of its 10% interest in Malta Area 4 PSC to MOG.

LGO's Chief Executive, Neil Ritson said: "We have repeatedly asked MOG to answer simple questions explaining the facts at the time the Company agreed to sell its interest and since we have not had what we regard as satisfactory answers, LGO's board has found itself with no option but to seek relief through the Courts."

David Lenigas, the Company's Chairman commented: "The Company's strong view is that it was misled by MOG at the time LGO sold its 10% interest on 31 July 2012. As MOG won't confirm the facts, we will now let the Court decide on the matter."

Notes:

On 1 August 2012 LGO announced that Leni Gas and Oil Investments Limited ("LGOI"), a subsidiary of LGO, had agreed to sell its interest in the Malta Area 4 Production Sharing Contract ("PSC") (the "Interest") to Phoenicia Energy Company Limited ("PECL"), a subsidiary of MOG.

PECL agreed to pay LGOI a consideration of USD1 for the Interest with an effective date of 1 January, 2012. In addition, PECL will assume liability for LGOI's residual costs arising under the Joint Operating Agreement between the Parties associated with the acquisition of 3D seismic data in 2011 estimated to be of the order of USD20,000 for the to end-2011.

Subsequently MOG announced on 23 August 2012 that its wholly owned subsidiary, PECL, had entered into a conditional farm-out agreement with Genel Energy Plc ("Genel"), in relation to PECL's 100% interest in Area 4 Offshore Malta; only 23 days after LGO agreed to sell its working interest to MOG for US$1.

MOG also announced on 21 December 2012 that it had signed the two key contracts with Genel that enable Genel's acquisition of a 75% working interest in MOG's wholly owned subsidiary, PECL. This follows the Government of Malta granting a one year extension to January 2014 of the first exploration phase of the PSC for Malta Offshore Area 4. MOG listed these agreements as:

1: Share Sale Agreement

The Share Sale Agreement will result in Genel acquiring 75% of the issued share capital of PECL on completion of the transaction for the following consideration:

US$10 million cash payment;

100% carry on the first exploration well, and a 100% carry on the second exploration well up to US$30 million gross expenditure;

At MOG's option, should the costs of the second well exceed US$30 million, Genel will provide a financing arrangement to fund MOG's 25% share of any additional expenditure, at an interest rate equivalent to 3 Month Libor plus 400 bps.

MOG will remain operator via an Operations Service Agreement with PECL until completion of the first exploration well, at which time Genel can elect to become the operator, or at such later date as the parties may agree.

2: Shareholders' Agreement

The Shareholders' Agreement, also entered into today, governs the operation of PECL in relation to its execution of the PSC and the rights and obligations of the shareholders.

Malta: Mediterranean Oil and Gas refutes Leni claims

Jan 03, http://www.proactiveinvestors.co.uk/companies/news/52024/mediterranean-oil-and-gas-refutes-leni-claims-52024.html

"MOG has addressed these allegations in lengthy and detailed correspondence over a period of four months. The allegations made are unfounded and the company will defend itself and the interests of its shareholders rigorously and will seek indemnity costs against LGO," it said in a brief statement this afternoon.

Mongolia Minerals Law Threatens Coal Project, Group Says

Jan 08, http://www.bloomberg.com/news/2013-01-08/mongolia-group-says-draft-law-hurts-foreign-investment.html

Proposed changes to Mongolia's mining laws threaten the viability of the nation's biggest coal project at Tavan Tolgoi and will further deter foreign investment, the Business Council of Mongolia said.

Nepal: 'Unfair treaties with India put Nepal's interest at risk' - Prakash Chandra Lohani

Jan 16, http://www.myrepublica.com/portal/index.php?action=news_details&news_id=48336

The topic of water resources--the most crucial issue in the bilateral relations between Nepal and India--has so far been neglected by both the countries and Nepal is bearing the brunt owing to this oversight, experts have said.

New York Plans Opening of International Arbitration Center - Center Will Strengthen New York's Role as Premier International Arbitration Site

Jan 30, www.nyiac.org

NEW YORK, NY - January 30, 2013 - The New York International Arbitration Center ("NYIAC"), founded with the support of 33 leading law firms to promote and strengthen the conduct of international arbitration in New York, has announced at its launch celebration last week that it will officially open its doors in late Spring 2013. The Center will enable New York City to enhance its position as a world leader in international arbitration by offering sophisticated dispute resolution programs and services, consistent with the City's role as a world financial capital.

The Center's launch celebration, held on January 23rd at Paul, Weiss, Rifkind, Wharton & Garrison LLP, was attended by NYIAC's Board of Directors including NYIAC Chair and former Chief Judge of the State of New York Judith S. Kaye, now Of Counsel at Skadden, Arps, Slate, Meagher & Flom, LLP. NYIAC Vice Chairs Jim Carter of WilmerHale and Edna Sussman of Sussman ADR LLC were also in attendance, in addition to more than 250 guests representing the who's who of New York's international arbitration scene.

"I have watched the field of international dispute resolution flourish as our world has globalized," said Judge Kaye. "Around the world there is open recognition of the desirability and importance of having arbitrations centered in your home city. With our new center added to an already impressive array of international arbitration resources, New York is truly the place to be."

The Center will be located in the heart of Manhattan, in the historic Socony-Mobil Building at 150 East 42nd Street, steps from Grand Central Station, Times Square, the Empire State Building and the United Nations. The Center will offer state-of-the-art hearing space and related services; an up-to-the-minute website containing a wealth of information about planning a hearing in New York and a vast of array of international arbitration resources; and the opportunity for programs and exchanges with the academic, legal, judicial and business communities.

"Beyond providing first-rate facilities for international arbitrations, NYIAC will encourage New York arbitration and New York law at conferences around the world, offering unmatched resources with information on arbitration in New York, in addition to preparing research materials to assist lawyers and other users of international arbitration," said Mr. Carter. "What is truly exceptional about the Center is the opportunity to promote New York - to spread the word around the world that this is a great place for dispute resolution," Judge Kaye added.

For information about NYIAC or to inquire about rates and availability for reserving a space to host an arbitration, please email info@nyiac.org.

Nigeria, Canada: Towards signing an Investment Protection Agreement (FIPA)

Jan 29, http://leadership.ng/nga/articles/46311/2013/01/29/nigeria_canada_target_6bn_trade_volume_2015.html

Nigeria and Canada yesterday in Abuja agreed to strengthen trade and investment ties between both countries by leveraging on areas of competitive and comparative advantage. ... Also speaking during the meeting, Ed Fast,described Nigeria as Canada's trade and investment priority in Africa, revealing that there was ongoing arrangements towards signing an Investment Protection Agreement (FIPA) with Nigeria as part of efforts to enhance trade and investment between the two countries."

Nigeria: ALSCON: RUSAL wants $502m compensation

Jan 04, http://www.codewit.com/africa/3940-alscon-rusal-wants-502m-compensation

RUSAL, the Russian company which bought the controlling shares of the Aluminum Smelter Company of Nigeria, ALSCON, Ikot-Abasri, Akwa-Ibom State, has demanded $502 million (about $78.8 billion) compensation for it to quit the nation's only aluminum manufacturing company, in line with the Supreme Court order.

Nigeria: Court Directs Access Bank To Withdraw London Suit Against Ubah, Capital Oil

Jan 29, http://leadership.ng/nga/articles/46340/2013/01/29/court_directs_access_bank_withdraw_london_suit_against_ubah_capital_oil.html

A Federal High Court in Lagos yesterday directed Access Bank Plc to withdraw a suit it filed against the Capital Oil and Gas Limited and its promoter, Ifeanyi Ubah in London.

In his ruling on the application of Capital Oil and Ubah challenging the propriety of Access Bank suit in London during the pendency of the suit in Nigeria, Justice OKon Abang also ordered the bank to discontinue the suit within 48 hours and exhibit a notice of discontinuance at the next hearing date.

Orco Property Group files a request for arbitration against the State Property Management Agency of the Republic of Croatia [pdf]

Jan 24, http://www.orcogroup.com/sites/orco-corpo/files/press-and-media/documents/OPG-PR%20arbitration.%20Republic%20of%20Croatia%20EM%20%281%29.pdf

On 28 December 2012, Orco Property Group ("Orco") filed a request for arbitration against the State Property Management Agency of the Republic of Croatia, also known as AUDIO, which is the legal successor of the Croatian Privatization Fund ("State"). Orco filed its request alleging numerous breaches by the State of its contractual public private partnership obligations since 2005. Orco's preliminary damages estimates as a result of the State's alleged breaches exceed EUR 32 million.

The claims relate to underlying title disputes to properties on the Island of Hvar in Croatia held through the Croatian company Suncani Hvar d.d., which is listed on the Zagreb Stock Exchange, of which Orco owns approximately 55.6% and the State approximately 31.7% of the shares.

The State will provide its response to Orco's claims shortly.

Both Orco and the State are focused on the continuing success and operations of Suncani Hvar and do not anticipate these parallel arbitration proceedings impacting this commitment in any way. Legal teams from both sides will work on the arbitration, while the finance, operations and hotel teams will continue to make Suncani Hvar and the Island of Hvar the leading tourist destination in Croatia.

Pakistan: TCC position on the SC verdict "disappointed ... claims are being heard by international arbitral tribunals" [pdf]

Jan 8, http://www.tethyan.com/Portals/0/TCC%20position%20on%20the%20SC%20verdict.pdf

"The proceedings[1] before the Supreme Court, which concluded today, are separate from the international arbitrations which Tethyan Copper Company has brought against the Islamic Republic of Pakistan and the Province of Balochistan, which remain ongoing before ICSID and ICC arbitral tribunals.

Tim Livesey, Tethyan Copper Company's CEO, said: "While we are disappointed in the decision by the Pakistan Supreme Court, Tethyan's treaty and contract claims are being heard by international arbitral tribunals organised with the consent of Tethyan, Pakistan, and Balochistan. We intend to vigorously pursue those claims." The merits phases of both arbitrations will begin shortly, and continue throughout 2013."

[1] The Honourable Chief Justice's Decisions is available on TDM: Tethyan Copper Company - Reko Diq Case - C.P. 796 of 2007 etc. - short order - English and Urdu - 7 January 2013

Pakistan: TCG moving SC a blow to Bengal's HPL stake sale

Jan 26, http://www.business-standard.com/india/news/tcg-moving-scblow-to-bengals-hpl-stake-sale/500031/

The West Bengal government, in a hurry to sell its stake in Haldia Petrochemicals ( HPL), might face a legal wrangle. The Chatterjee Group ( TCG), a key promoter of HPL, has filed a special leave petition (SLP) in the Supreme Court, challenging the Calcutta High Court order that barred TCG from filing a petition in the International Court of Arbitration in France.

PCA: The Republic of Mauritius v. the United Kingdom of Great Britain and Northern Ireland - Hearing on Bifurcation of Proceedings Held in Dubai, U.A.E.

Jan 22, http://www.pca-cpa.org/

The Arbitral Tribunal constituted in the arbitration between the Republic of Mauritius and the United Kingdom of Great Britain and Northern Ireland pursuant to Article 287 and Annex VII of the United Nations Convention on the Law of the Sea ("UNCLOS") conducted a hearing on 11 January 2013 on the procedure to be followed in respect of preliminary objections raised by the United Kingdom to the Tribunal's jurisdiction.

After considering the written submissions of both Parties, the Tribunal heard oral presentations by the Parties' Agents and Counsel on the United Kingdom's request that the proceedings be bifurcated and objections to jurisdiction considered in a separate, preliminary phase.

On 15 January 2013 the Tribunal adopted Procedural Order No. 2, by which it decided and ordered that:

"1. The United Kingdom's request that its Preliminary Objections be dealt with in a Separate jurisdictional phase as a preliminary matter is rejected.

2. The United Kingdom's Preliminary Objections on the jurisdiction of this Tribunal will be considered with the proceedings on the merits."

These arbitral proceedings were initiated on 20 December 2010 by the Republic of Mauritius and concern the establishment by the United Kingdom of a Marine Protected Area around the Chagos Archipelago.

The Tribunal in this matter is composed of Professor Ivan Shearer, Judge Sir Christopher Greenwood, Judge Albert Hoffmann, Judge James Kateka and Judge Rüdiger Wolfrum. Professor Ivan Shearer serves as President of the Arbitral Tribunal, and the Permanent Court of Arbitration acts as Registry in this arbitration. The 11 January 2013 hearing was held in Dubai, United Arab Emirates at the facilities of the Dubai International Arbitration Centre.

A copy of Procedural Order No. 2 is available on the website of the PCA.

Note: Also on TDM Procedural Order No. 2 - The Republic of Mauritius v. the United Kingdom of Great Britain and Northern Ireland - Hearing on Bifurcation of Proceedings Held in Dubai, U.A.E.

PH expects rule of law to prevail in resolving W Philippine Sea dispute

Jan 25, http://www.asianjournal.com/dateline-philippines/headlines/19158-ph-expects-rule-of-law-to-prevail-in-resolving-w-philippine-sea-dispute.html

The Palace expects that the international law will prevail in finally settling the disputed West Philippine Sea issue after the Philippines elevated its cause to the international tribunal.

Philippines Brings Maritime Dispute With China to UN Tribunal

Jan 22, http://www.businessweek.com/news/2013-01-22/philippines-brings-maritime-dispute-with-china-to-un-tribunal

The Philippines plans to bring its maritime dispute with China to an international tribunal for arbitration, Foreign Affairs Secretary Albert del Rosario said.

Philippines: Aquino stands by UN arbitration of dispute with China

Jan 28, http://globalnation.inquirer.net/62797/aquino-stands-by-un-arbitration-of-dispute-with-china

Benigno Aquino stood firm on the Philippines' decision to seek United Nations arbitration of its territorial dispute with China, saying this action was backed by a consensus among the three branches of government.

Philippines: Arbitration hearing in Hong Kong in row over US$500m railway contract

Jan 30, http://www.scmp.com/business/companies/article/1138893/arbitration-hearing-hong-kong-row-over-us500m-railway-contract

The row between North Luzon Railways (North Rail) and China National Machinery and Equipment Corporation (Sinomach) over a lucrative project near Manila has dragged on for years, adding tension to already strained Sino-Philippine ties. ... The Philippine Department of Transportation and Communications - which wholly owns North Rail - decided to take the dispute to Hong Kong for arbitration.

Qatar: QICDRC launches new "virtual court" technology

Jan 31, http://www.zawya.com/story/QICDRC_launches_new_virtual_court_technology-ZAWYA20130130110659/

The Qatar International Court and Dispute Resolution Centre (QICDRC) has officially launched a series of technological innovations that allow for cases to be conducted remotely, providing a platform for a virtual court service.

Romanian Electrica May Enter Arbitration With Enel, ZF Reports

Jan 22, http://www.businessweek.com/news/2013-01-22/romanian-electrica-may-enter-arbitration-with-enel-zf-reports

Electrica SA, a Romanian state-owned power distributor, may enter arbitration with Enel SpA (ENEL) over the sale of a minority stake in one of Electrica's former units to the Italian utility, Enel, Ziarul Financiar reported ... Electrica ... may ask the Paris-based Arbitration Court to resolve a dispute after the Italian company challenged the formula to determine the stake sale price, the Bucharest-based newspaper said, citing unidentified people with knowledge of the matter.

Russia: Deripaska Tries Another Stick-Up, This Time Against the New Owners of Nigeria's Aluminium Smelter (Alscon)

Jan 31, http://www.businessinsider.com/deripaska-tries-another-stick-up-this-time-against-the-new-owners-of-nigerias-aluminium-smelter-alscon-2013-1

Russia’s state aluminium monopoly, United Company Rusal, has requested the help of the federal US court in Los Angeles in an attempt to delay or prevent the Nigerian courts and Nigerian government returning the country’s sole aluminium smelter to the Nigerian-American company which originally won the privatization auction of the asset in 2004, before losing it to Rusal. Scheduled for hearing on February 12.

Russia: Moscow federal court to hear appeal on $1 sale of Emfesz (Hungary) Feb. 27

Jan 28, http://rapsinews.com/judicial_news/20130125/266186215.html

Russian Court Dismisses $3B Damages Ruling Against BP

Jan 25, http://www.rigzone.com/news/oil_gas/a/123736/Russian_Court_Dismisses_3B_Case_Against_BP

MOSCOW - A Russian court Thursday dismissed a $3 billion damages ruling against BP PLC and closed the case, a court official said, ending months of legal strife for the U.K. company as it finalizes a deal to sell out of its joint venture in the country and take a stake in oil giant OAO Rosneft.

S. Sudan proposes binding arbitration with Sudan

Jan 04, http://www.miamiherald.com/2013/01/04/3167870/s-sudan-proposes-binding-arbitration.html

ADDIS ABABA, Ethiopia -- A South Sudan official says the country's president is going to propose the use of binding international arbitration to resolve a border dispute with Sudan.

Scotland calls for mediation in mackerel dispute with Iceland, Faroes

Jan 30, http://www.upi.com/Business_News/Energy-Resources/2013/01/30/Scotland-calls-for-mackerel-mediation/UPI-49591359522360/?spt=hs&or=er

UPI - Scotland has called for a neutral international mediator to enter long-stalled negotiations between the European Union, Norway and Iceland over fishing quotas.

Serbia: Ex-director claims he "prevented pillage" in coal mine

Jan 25, http://www.b92.net/eng/news/business-article.php?yyyy=2013&mm=01&dd=25&nav_id=84336

BELGRADE -- Former coal strip mining company Kolubara Director Nebojša C'eran has stated that he prevented a pillage in the company.

Sky Petroleum Announces an Offering of up to $1.0 Million

Jan 08, http://www.fortmilltimes.com/2013/01/08/2422161/sky-petroleum-announces-an-offering.html

... The Note proceeds will be primarily used for the development of the Production Sharing Contract ("PSC") with respect to the three exploration blocks, Four, Five and Dumre and to pay certain fees, expenses and obligations in connection with the arbitration related to the dispute with the Ministry of Economy, Trade, and Energy of Albania, acting by and through AKBN regarding the Company's PSC. ...

Slovakia: U.S. Steel objects to emissions tax

Jan 09, http://spectator.sme.sk/articles/view/44997/3/us_steel_objects_to_emissions_tax.html

STEEL manufacturer U.S. Steel Košice is threatening to take legal action against Slovakia based on the so-called emissions tax which took effect on January 1, 2012. The company has sent a letter to government bodies in which it demands abolition of the tax and warns that if this does not happen the company will consider seeking arbitration, the Hospodárske Noviny daily reported.

South Africa: Govt won`t meet land targets, expropriation

Jan 14, http://www.moneyweb.co.za/moneyweb-political-economy/govt-wont-meet-land-targets-expropriation

Will replace the "willing buyer; willing seller" principle with a "just and equitable" principle of land expropriation. President Jacob Zuma on Saturday warned party members that the government was unlikely to meet its target of transferring 30 percent of farming land to blacks.

South Africa: Jacob Zuma says land, mining reform priority, but few details

Jan 16, http://www.livemint.com/Politics/XwLIlt1pyZN57WtF4m8k9J/Jacob-Zuma-says-land-mining-reform-priority-but-few-detail.html

Johannesburg: Land ownership and mining sector reform will be the South African government's top priorities in 2013, President Jacob Zuma said on Monday after a meeting of the ruling African National Congress (ANC) leadership.

South Africa: Platinum firms set to file stiff claims if state moves on mothballed mines

Jan 21, http://www.bdlive.co.za/business/mining/2013/01/21/platinum-firms-set-to-file-stiff-claims-if-state-moves-on-mothballed-mines

Tensions continue to simmer over Anglo American Platinum's (Amplats') decision to mothball four shafts and sell a mine at the cost of 14,000 jobs. The company said last week that it was restructuring its mines because of weak demand growth for platinum and soaring costs.

Mineral Resources Minister Susan Shabangu last week threatened to review all mining rights held by Amplats. The African National Congress and trade unions said the government should seize the mining rights of idled mines and put them up for tender.

Southern Africa: African Commission Asked to Advise On SADC Tribunal

Jan 24, http://allafrica.com/stories/201301231127.html

AFTER failing to find regional justice because of the suspension of the Southern African Development Community (SADC) Tribunal, Zimbabwean commercial farmers Luke Tembani and Ben Freeth are now seeking legal recourse from the African Commission on Human Rights and People's Rights (ACHPR).

Sudan drops oil compensation claim

Jan 26, http://www.euronews.com/2013/01/26/sudan-drops-oil-compensation-claim/

Sudan said on Friday it will no longer seek international arbitration to resolve an oil dispute with South Sudan. Khartoum had demanded 1.3 billion euros in compensation from the south for taking over key oil assets when Juba won its independence in 2011.

Sudan Minister of the Cabinet Discusses the Process of the Bilateral Relations Between Sudan and Malaysia

Jan 22, http://www.sudan.gov.sd/en/index.php?option=com_content&view=article&id=1572:minister-of-the-cabinet-discusses-the-process-of-the-bilateral-relations-between-sudan-and-malaysia&catid=73:secretariat-news

THE the Minister of the Cabinet Mr. Ahmed Saad Omer extended the greetings of HE the President of the Republic Filed marshal Omer Hassan Ahmed Al-Bashir to the Government and people of Malaysia, wishing them continuous progress and prosperity. That came upon his meeting, today Monday 21 Jan. 2913 with the Minister at the Council of Ministers of Malaysia of the Parliamentarian affairs and the Senate Dr. koha Sakona in presence of the Director of Standards and Metrology Organization in Malaysia. The meeting discussed the process of the bilateral relations between the two countries and means of enhancing and developing them as well as pushing them ahead by increasing the volume of the commercial exchange and intensifying cooperation in the field of investment, standards and metrology between the two countries. The minister made a briefing on the process of negotiations between the government and South Sudan State and the efforts exerted to maintain peace in Darfur. On his part., the Minister at the Cabinet of Malaysia that Malaysia shall be a gateway of Sudan in South East Asia and a supporter in all fields. Memo of Understanding shall be signed in Khartoum in the coming period between the SSMO and the Standards and Metrology Organization in Malaysia concerning quality assurance, training of staff in specifications in Malaysia. The meeting underscored the intensification of cooperation between the Cabinets in the two countries in the field of training

Sudan: Won't seek arbitration in oil dispute with South Sudan

Jan 25, http://www.reuters.com/article/2013/01/25/sudan-southsudan-oil-idUSL6N0AUCNI20130125?feedType=RSS&feedName=rbssEnergyNews

Reuters - Sudanese President Omar Hassan al-Bashir said on Friday Khartoum will not seek international arbitration in a dispute with South Sudan over Juba's takeover of oil assets when it won independence in 2011.

Taiwan: Ministry of National Defense (MND) refuses to comment on Mirage lawsuit report

Jan 15, http://www.taipeitimes.com/News/taiwan/archives/2013/01/15/2003552570

The Ministry of National Defense (MND) yesterday refused to comment on media reports alleging that the air force late last year filed a case with the International Court of Arbitration to seek the return of kickbacks that were allegedly paid during the procurement of French Mirage 2000 aircraft in 1992.

Thailand: BANPU Clarifies Hongsa Case

01/10/2012, http://www.banpu.com/en/06-press-center/press-center-detail.php?press_releaseId=184

Banpu Public Company Limited decided not to set provisions in the financial statements for the damages as stipulated by the civil court judgment on the case lodged by Mr. Siva Nganthavee and his associated companies.

Mr. Chanin Vongkusolkit, CEO of Banpu said the decision not to set the provisions was consensus among all parties, including the Board of Directors, the Management and legal advisors. Based on both factual and legal grounds, the Company and its subsidiary will, in no circumstances, be held liable for the damages for information and the loss of opportunity from their former Hongsa Project, which had been earlier terminated by the Government of Laos (GOL)

"We have thoroughly looked into all angles of the case to come up with the most appropriate conclusion. After spending some times in order to consider the information, evidences and all facts as well as the legal opinions carefully and thoroughly, Banpu's Board of Directors and Management has decided to appeal the judgment of the Civil Court. We strongly believe in both the factual and legal aspects in support of our appeal going forward. As such, we do not set provisions in the financial statements for the damages as stipulated by the civil court judgment," Mr. Chanin elaborated.

Mr. Chanin affirms that with 30 years of consistent growth, Banpu Public Company Limited has expanded its business to many countries and at all times has been well accepted, recognized and respected internationally for its business philosophies, procedures, achievements, good governance, transparency and the competence of its management. The company, therefore, has never had to, and will never act unethically or operate dishonestly in acquiring businesses.

"The Hongsa project is the mutual collaboration between the two countries, The Lao People's Democratic Republic and Thailand. Banpu has given top priority in this project, putting all of its effort in tackling the problems faced. Up to date, the project has progressed well and will yield a fruitful benefit to both nations, especially in terms of the security of power supply," Mr. Chanin concluded

Thailand: Thai Banpu shares fall after court order on $1 billion damages

Sept 21, http://www.reuters.com/article/2012/09/21/us-thailand-banpu-shares-idUSBRE88K08L20120921

Reuters - Shares in Banpu Pcl BANP.BK plunged 11 percent on Friday after a Thai court ordered the country's top coal miner to pay about $1 billion in damages to its former partners in the Hongsa power project in Laos.

The American University in the Emirates has signed recently a cooperation agreement with Sharjah International Arbitration Centre.

Jan 31, http://www.pr2live.com/2013/01/31/aue-tie-ups-with-sharjah-international-arbitration-centre

The agreement was signed by Prof. Nabeel Jurdi, the Vice-Chancellor of Academic Affairs at the American University in the Emirates, and Mr. Ahmed Saleh Al Echlah, the Director of Sharjah International Arbitration Centre in the presence of the AUE Chancellor, Vice Chancellor for Financial and Administrative Affairs, Director of Local, Regional and International Affairs along with Law faculty and students.

This agreement aimed to strengthen the academic cooperation between the two institutions to take advantage of the capabilities and expertise to achieve the greatest possible transference of knowledge in the legal context and practices.

Trinidad and Tobago: UK investors seek $200m settlement

Jan 11, http://www.trinidadexpress.com/news/UK_investors_seek__200m_settlement_-186400601.html

The State is being threatened with international arbitration proceedings for a $200 million claim from investors in the United Kingdom (UK) who claim they lost millions because of unfair treatment from the Tobago House of Assembly (THA).

Attorney Donna Prowell, under the instructions of Attorney General Anand Ramlogan, wrote to THA Chief Secretary Orville London yesterday, requesting he meet with her between today and Monday to discuss the matter as UK solicitors will be flying into Trinidad next Monday to seek settlement and resolution on the issue.

Turkey warns against Israel-Cyprus gas deal

Jan 27, http://www.haaretz.com/business/turkey-warns-against-israel-cyprus-gas-deal.premium-1.496633

At Eurasian Economic Summit in Istanbul, Turkish envoy tells his Israeli counterpart that a potential Israel-Turkey gas pipeline could be squandered by Israeli partnership with Cyprus on natural gas.

Turkey, Greece wary of territorial waters claims

Jan 24, http://www.setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/features/2013/01/23/feature-04

Recent and highly publicised gas finds in the eastern Mediterranean between Israel and Cyprus, coupled with cash-strapped Greece's eagerness to better exploit natural resources, has thrust the question of exclusive economic zones into the spotlight.

Turkey: What is Iran Doing with Turkish Gold?

Jan 15, http://www.eurasianet.org/node/66405

Turkey's multi-billion-dollar gold sales to neighboring Iran could put the country on a collision course with its close ally, the United States, when high-ranking diplomats from the two countries hold talks in Washington.

Turkish firm Karkey moves world court against Pakistan govt over power ships' seizure

Jan 22, http://www.thenewstribe.com/2013/01/22/turkish-firm-karkey-moves-world-court-against-pakistan-govt-over-power-ships-seizure/

Islamabad: Turkey-based power firm Karkey Karadeniz Elektrik Uretim (KKEU) has decided to move the International Court of Arbitration for release of its two rental power ships stopped at the Karachi Port Trust.

U.S. Trade Representative Ron Kirk Notifies Congress of Intent to Negotiate New International Trade Agreement on Services

Jan 15, http://www.ustr.gov/about-us/press-office/press-releases/2013/january/ustr-kirk-notifies-congress-new-itas-negotiations

Washington, D.C. - United States Trade Representative Ron Kirk notified the U.S. Congress this morning of the Obama Administration's intent to enter into negotiations for a new trade agreement on international trade in services. The negotiations will begin in Geneva, Switzerland, with a group of 20 trading partners, who represent nearly two-thirds of global trade in services, with the objective of promoting international trade in services and supporting increased U.S. service exports and jobs. Ambassador Kirk noted in a letter to lawmakers that a recent study by the Peterson Institute for International Economics estimated that even though the United States is the world's largest services trader, tradable services are still five times less likely to be exported than manufactured products.

Uganda: Govt rejects Dominion sale

Jan 08, http://www.observer.ug/index.php?option=com_content&view=article&id=23021:govt-rejects-dominion-sale&catid=79:businesstopstories&Itemid=68

"While in the discussions for renewal of exploration licence for the final period, government received a request for approval of acquisition of Dominions' shares by Ophir Energy Plc. The ministry of Energy informed Dominion to follow the legal and regulatory requirement before the Certificate of Surrender could be issued," Muloni said.

UK: Cylenchar Limited concludes dispute with Environmental Energy Services, Inc. at the London Court of International Arbitration.

Jan 10, http://www.cylenchar.com/CylencharPRArchive.html

Cylenchar Limited ("Cylenchar") is pleased to announce the conclusion of its dispute with Environmental Energy Services, Inc. ("EES") of Sandy Hook, Connecticut at the London Court of International Arbitration (LCIA), (Cylenchar, LTD v. Environmental Energy Services, Inc., Arbitration No. 11203).

Following the breakdown and termination of relations between the parties in May 2010, a dispute arose culminating in the filing of a lawsuit by EES in the United States District Court for the District of Connecticut in January, 2011 entitled Environmental Energy Services, Inc. v Cylenchar Limited and Dr. Peter J. Hurley, Case No. 3:11-cv-00039-JCH, wherein EES alleged breach of contract, unjust enrichment, and negligent or fraudulent misrepresentations, including an alleged breach of the Connecticut Unfair Trade Practices Act (CUTPA). Cylenchar stopped that lawsuit by moving successfully for compulsion of arbitration which it commenced against EES in the London Court of International Arbitration in December, 2011.

In respect of EES' allegations the LCIA arbiter found no evidence of negligent or fraudulent misrepresentation and in relation to the alleged breach of CUTPA, in his award issued on 1 November 2012 the arbiter noted: "I see no "unfair methods of competition" nor do I see "deceptive acts or practices"". The award in which all EES' claims were denied and Cylenchar Limited was granted its costs in respect of the Connecticut lawsuit has now been confirmed by the Connecticut Superior Court, and EES has paid Cylenchar the damages awarded in the arbitration, Case No. DBD-CV-12-6010993-S).

Cylenchar retains the sole right to exploit its patented CyCurex® technology for the remediation of mercury and other heavy metals from contaminated gases, within both power utility and cement industry sectors, and the surviving obligations of the parties under their Mutual Confidentiality Agreement and Memorandum of Understanding remain in force.

Ukraine For Discussion With Russia Of Possible Restructuring Of Its Losses Over 2012 Gas Under-Purchase

Jan 30, http://un.ua/eng/article/431800.html

... Moreover, he pronounced doubt that Ukraine would be seeking revision of the gas contracts with Russia by judicial means, specifically through the Arbitration Institute of the Stockholm Chamber of Commerce (Sweden).

Ukraine: Naftogaz sends response to Gazprom over gas claims

Jan 31, http://www.nrcu.gov.ua/en/148/522502/

National Joint Stock Company Naftogaz of Ukraine in due course considered the appeal of JSC Gazprom regarding the payment for gas shortfalls in 2012. On January 30, 2013 Naftogaz of Ukraine has sent a response to Gazprom. All matters relating to the implementation of the contract shall be settled according to its terms," the report reads.

Ukraine: Stockholm Arbitration Tribunal Approves Amicable Settlement Agreement Between Ukraine And Virgin Islands' Vanco Prykerchenska

Jan 30, http://un.ua/eng/article/432124.html

The Arbitration Institute of the Stockholm Chamber of Commerce (Sweden) in late December 2012 approved the amicable settlement agreement between Ukraine and Vanco Prykerchenska (British Virgin Islands) on the Prykerchensky section of the Black Sea shelf, Environment and Natural Resources Minister Oleh Proskuriakov has told journalists.

UN chief urges 'amicable' end to Philippines, China sea dispute

Jan 23, http://www.scmp.com/news/china/article/1134233/un-chief-urges-amicable-end-philippines-china-sea-dispute

UN leader Ban Ki-moon on Tuesday called for an "amicable" settlement to a mounting South China Sea territorial dispute between China and other Asian nations.

Asked about the Philippines decision to refer the case to a UN tribunal, Ban told reporters he has been following the dispute "carefully".

"It is important for those countries in the region to resolve all these issues through dialogue in a peaceful and amicable way," he said.

US: Agreements Between the United States and Jordan to Boost Investment and Economic Growth, Enhance Labor Cooperation

Jan 29, http://www.ustr.gov/about-us/press-office/press-releases/2013/january/ustr-kirk-announces-us-jordan-agreements

United States Trade Representative Ron Kirk today announced that the United States and the Kingdom of Jordan agreed to a set of Joint Principles for International Investment, as well as Joint Principles for Information and Communication Technology (ICT) Services. Both sides also agreed to a new initiative aimed at promoting labor rights and improving working conditions in Jordan. These agreements mark significant advancement in our shared effort to promote economic growth and trade between our two countries and throughout the broader Middle East and North Africa region.

US: Both sides report progress in Savannah harbor deepening mediation

Jan 15, http://savannahnow.com/exchange/2013-01-11/both-sides-report-progress-savannah-harbor-deepening-mediation#.UPQ80aFxdU0

After two multi-day mediation sessions, both sides involved in the Savannah River dredging conflict have broken their silence to report "progress has been made and settlement discussions are ongoing."

US: Marin General Hospital wins $11 million more in arbitration battle

Jan 18, http://www.bizjournals.com/sanfrancisco/blog/2013/01/marin-general-hospital-wins.html

Marin General Hospital has won an additional $11 million from Sutter Health in a long-running arbitration, on top of $21.5 million awarded last August.

US: Radiant Logistics Awarded More Than $650,000 and Injunctive Relief in DBA Arbitration

Jan 02, http://radiantdelivers.com/?p=2773

BELLEVUE, Wash., January 2nd, 2013 - Radiant Logistics, Inc. (NYSE MKT: RLGT), a domestic and international logistics services company, today announced it was awarded more than $650,000 in damages from the former shareholders of DBA Distribution Services, Inc., a company it purchased in March 2011. In the Award of Arbitration, the arbitrator found that the DBA Shareholders breached certain representations and warranties and awarded Radiant Logistics, Inc. $654, 052 for such breaches. In addition, the arbitrator found that Paul Pollara breached his noncompetition obligation to Radiant and enjoined Mr. Pollara from engaging in any activity in contravention of his obligations of noncompetition and nonsolicitation, including activities that relate to Santini Productions and his spouse, Bretta Santini Pollara until December 29, 2014. Finally, the arbitrator ordered Paul Pollara to pay Radiant more than $21,000, the amount of salary he received while employed by DBA and concurrently violating his noncompetition and nonsolicitation obligations. The Award also provided that the former DBA Shareholders and Mr. Pollara must pay to Radiant the administrative fees, compensation and expenses of the arbitrator associated with the arbitration.

"The Award of Arbitration was welcomed progress in the dispute with the former DBA Shareholders," said Bohn Crain, Chairman and CEO. "The arbitration effectively awarded damages of $650,000 for claims other than the breaches of Paul Pollara under his employment agreement with our wholly owned subsidiary DBA Distribution Services, Inc. and claims in a related matter before the California Superior Court against Bretta Pollara and Oceanair, Inc. The $650,000 award will be taken as an off-set against amounts otherwise due the former DBA Shareholders and recognized as a gain, net of associated legal costs, for the quarter ended December 31, 2012."

Mr. Crain continued: "While we are committed to vigorously protecting our interests in situations like these, it is important to draw a distinction between the bad acts of a few individuals and the solid contributions being made by members of the DBA network across the country. We are very proud to have DBA as part of the Radiant family and although this dispute has been a distraction, it has not prevented us from progressing our growth strategy. In this regard, we look forward to providing additional updates on our integration efforts in Los Angeles and other positive network developments in the near future."

US: Revolutions Medical Wins $770,000 Arbitration Award for Fraud and Other Claims Against Former Manufacturer MIG and Former Consultant Richard Theriault

Jan 03, http://ir.stockpr.com/revolutionsmedical/press-releases/detail/1193/revolutions-medical-wins-770000-arbitration-award-for-fraud-and-other-claims-against-former-manufacturer-mig-and-former-consultant-richard-theriault

MARKETWIRE - Revolutions Medical Corporation ("Revolutions Medical" or the "Company") (OTCQB: RMCP) has prevailed in its case before the American Arbitration Association (AAA) against former manufacturer Medical Investment Group, Inc. (MIG) and former consultant Richard Theriault. AAA awarded the Company $770,000, in addition to interest, legal fees, and other arbitration costs, which will total close to $1 million dollars. MIG and its alter ego, Mr. Theriault, were found to have committed fraud in the inducement and breach of contract. Further, AAA found that neither MIG nor Mr. Theriault has any rights to any of the Company's intellectual property, proprietary information, trademarks, production equipment or designs related to the issues arbitrated in such proceeding.

Chief Executive Officer and Chairman of the Board of Revolutions Medical, Ron Wheet, stated, "Once again we have prevailed in the legal arena and we will continue to protect our valuable proprietary technology. Our legal team sees this ruling by the American Arbitration Association as having a domino effect on Mr. Theriault and his cohorts in our other South Carolina legal disputes. The actions of Mr. Theriault and his cohorts have delayed the Company's production regarding the RevVac™ safety syringe by at least one year, but we can now begin to put these legal battles behind us."

Venezuela gana juicio internacional sobre la mina Las Cristinas

Jan 17, http://www.minci.gob.ve/2013/01/17/venezuela-gana-juicio-internacional-sobre-la-mina-las-cristinas/

La Procuradora General de la República, Doctora Cilia Flores, informa al pueblo venezolano que el pasado 16 de enero de 2013 fue desestimada la reclamación interpuesta por la empresa minera Canadiense Vannessa Ventures Ltd, sobre el contrato de exploración y explotación de oro y cobre en la mina Las Cristinas, localizada en el estado Bolívar, al sureste del país, por considerar el Tribunal Arbitral que decidió la controversia, que la República Bolivariana de Venezuela no violentó el Tratado Bilateral de Inversión entre Canadá y Venezuela.

Ante las medidas tomadas por el Gobierno Bolivariano del Presidente Hugo Chávez Frías, el Tribunal concluyó que la decisión de rescindir el Contrato con la empresa demandante y las medidas adoptadas por el Gobierno para hacerse cargo de Las Cristinas, no configuraron un supuesto de expropiación. Asimismo, estableció que la inversión fue tratada dentro del marco contractual acordado entre las Partes, por lo cual, la República Bolivariana de Venezuela dio pleno cumplimiento a los estándares de Trato Justo y Equitativo, así como el de Protección y Seguridad Plena conforme al Tratado Bilateral de Inversiones y el Derecho Internacional.

En consecuencia, las exageradas e ilegitimas pretensiones de esta Trasnacional de reclamar un monto que ascendía a Un Mil Cuarenta y Cinco Millones de Dólares (US$ 1.045.000.000,00), más intereses y gastos, fueron totalmente desestimadas por el Tribunal Arbitral, resultando Venezuela vencedora en esta controversia, reconociéndose internacionalmente los derechos soberanos del pueblo venezolano sobre sus recursos Mineros.

La presente controversia surgió en el año 2004, cuando la empresa demandante Vannessa Ventures Ltd, intentó ilícitamente tomar los recursos mineros de las Cristinas, luego de que su supuesta subsidiaria la Empresa Mixta MINCA, abandonara e incumpliera sus obligaciones con el Estado Venezolano concebidos en su contrato de Trabajo, por lo que la demandante acudió al CIADI para exigir derechos e indemnizaciones que no le correspondían.

La Procuraduría General de la República celebra la presente decisión, que resulta del trabajo realizado por el Equipo de Defensa y los abogados de este Órgano Asesor del Estado, en la protección del patrimonio y los intereses soberanos de la Patria.

Venezuelan government seizes warehouses owned by Pepsi-Polar

Jan 09, http://www.eluniversal.com/economia/130109/venezuelan-government-seizes-warehouses-owned-by-pepsi-polar

Venezuela's Vargas state solicitor said the governor's office will start the expropriation process. In the meantime, the company will continue regular operations

Why Are Greeks Protesting Canadian Mining Operations? Human Rights Abuses May be to Blame

Jan 19, http://www.theinternational.org/articles/305-why-are-greeks-protesting-canadian-mining

Protestors gathered in Athens early this week to speak out against a gold mining operation in Greece's Chalkidiki Peninsula. Fearful that the mine will cause irreversible damage to the environment, locals are hopeful that the development of the open-pit mine and processing plant can be stopped.

Your Negotiation Crystal Ball Has Arrived: Picture It Settled

Jan 29, http://www.forbes.com/sites/shenegotiates/2013/01/29/your-negotiation-crystal-ball-has-arrived/

Launching at LegalTech New York today, Picture It Settled® software is being billed as a highly-intelligent predictive analytics tool that guides inside and outside attorneys through the negotiation process, based on deep data harvested from thousands of cases.

Zimbabwe admits Word Bank Ruling On Farm Invasions

Jan 03, http://www.zimeye.org/?p=70189

This came as Zimbabwe's Land Reforms and Resettlement Minister Herbert Murerwa, announced that "government has taken the decision not to settle persons on farms covered by BIPPA for now," following revelations the World Bank will no longer lend financial assistance due to the breaches.

Zimbabwe Investment Authority (ZIA) Amendment Bill

Jan 03, http://www.newsday.co.zw/2013/01/03/new-investment-law-on-cards/

"The Bill will also amend the Indigenisation and Economic Empowerment Act to exempt new foreign investment in key infrastructure and strategic sectors from the requirements of the Act as long as such investment is licensed under the Zimbabwe Investment Authority Act," reads the bill in part.

Zimbabwe: Biti urges ‘finality’ to land reforms

Feb 01, http://www.newzimbabwe.com/news-10151-Biti+urges+%E2%80%98finality%E2%80%99+to+land+reforms/news.aspx

FINANCE Minister Tendai Biti has urged an end to the country’s land reform disputes such as compensation white former farmers, warning that, unless a solution is found, agriculture will continue to underperform and hamper economic turnaround efforts.

Zimbabwe: Germany Threatens Boycott of Tourism Conference

Jan 10, http://allafrica.com/stories/201301100150.html

Germany has threatened to boycott the planned UN World Tourism Office (UNWTO) conference, set to take place in Victoria Falls later this year, because of Zimbabwe's failure to honour foreign investment agreements.

Zimbabwe: Implats agrees indigenisation implementation plan for Zimplats

Jan 11, http://www.implats.co.za/implats/downloads/2013/11-january-2013-zimbabwe-indigenisation-zimplats.pdf

Impala Platinum Holdings Limited ("Implats") is pleased to announce that its 87% held subsidiary, Zimplats Holdings Limited (Zimplats Holdings"), has concluded a non-binding term sheet in respect of proposed indigenisation implementation plans ("IIP") with the Government of Zimbabwe (as represented by the Ministry of Youth Development, Indigenisation and Empowerment) ("the Government"). The term sheet, which will be signed today, stipulates the key terms, subject to certain conditions precedent, for the sale by Zimplats Holdings of an aggregate 51% equity ownership ("the Indigenisation Shares") of Zimbabwe Platinum Mines (Private) Limited ("Zimplats") to select Indigenous Entities as set out below. Zimplats Holdings will retain the balance of 49% of Zimplats.

The purchase price for the Indigenisation Shares, after taking into account the payment for the release of ground obligation (in lieu of indigenisation credits), is US$971 million (R8.3 billion) ("the Transaction"). Zimplats Holdings will facilitate the Transaction by providing vendor funding to the Indigenous Entities at an interest rate of 10% per annum. The vendor financing will be repayable from 85% of the dividends declared by Zimplats on the Indigenisation Shares. The proceeds, as and when received by Zimplats Holdings, will be declared as a dividend to Implats or used to fund Zimplats Holdings' share of funding requirements of Zimplats. Management of Zimplats will remain with Zimplats Holdings.

...

Zimbabwe: Nestle could be next target for Zim government

Jan 09, http://www.bizcommunity.com/Article/196/469/87575.html

International refined foods manufacturer Nestle invested $12m into its Zimbabwean operations in 2012 despite the uncertainty surrounding its future in Zimbabwe as the government has not yet decided upon its indigenisation compliance plans. However‚ the Swiss company has reiterated its commitment to its operations in the country.

Zimbabwe: Robert Mugabe to re-possess BIPPA farms

Jan 14, http://www.thezimbabwemail.com/zimbabwe/15313-robert-mugabe-to-re-possess-bippa-farms.html

HARARE - The Minister of Justice and Legal Affairs, Patrick Chinamasa says the government has the right to continue re-possessing land under the land reform programme.

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

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.

JOBS / MOVES

Claudia T. Salomon Joins Latham & Watkins in New York

Jan 31, http://www.lw.com/news/Claudia-Salomon-Joins-Latham-International-Arbitration-Practice

Latham & Watkins LLP is pleased to announce that Claudia T. Salomon has joined the firm’s New York office as a partner in the Litigation Department. Salomon joins Latham with almost two decades of experience in complex international disputes. She has extensive experience advising in investor treaty arbitration and international commercial arbitration cases.

Haynes and Boone welcomes Cecilia Flores

Jan 18, http://haynesboone.com/flores-cdr-hb-welcomes-institutional-know-how/

A former secretary-general at the Mediation & Arbitration Centre of Mexico City's National Chamber of Commerce (CANACO), Cecilia Flores, has joined Haynes and Boone, LLP in the city. She will practise in the firm's litigation group.

Tomás Solís Joins Patton Boggs LLP

Jan 24, http://www.pattonboggs.com/media/detail.aspx?news=1937

WASHINGTON DC, January 24, 2013 - Tomás Solís, formerly an associate in the International Arbitration practice group at Dewey & LeBoeuf LLP, has joined Patton Boggs LLP. Resident in the firm's Washington DC office, Mr. Solís joins Patton Boggs' International Arbitration practice group as of counsel. His global perspective is derived from legal experience in the international offices of some of the world's leading law firms, before international adjudicative bodies and from the study of international law and policy at the post-graduate level.

King's College London appoints new Dean of The Dickson Poon School of Law: Professor David Caron

Jan 14, http://www.kcl.ac.uk/newsevents/news/newsrecords/2013/01Jan/New-Law-Dean.aspx

Professor David Caron has been appointed as the new Dean of The Dickson Poon School of Law at King's College London. He is due to take up his appointment in mid 2013.

Shaikha Haya named head of ICC Bahrain

Jan 08, http://www.sacbee.com/2013/01/08/5100113/shaikha-haya-named-head-of-icc.html

PRNewswire-USNewswire -- Shaikha Haya bint Rashid Al Khalifa has been named the new chair of the International Chamber of Commerce (ICC) Bahrain.

Curtis Adds Jean-Claude Najar to International Arbitration Practice

Jan 07, http://www.curtis.com/sitecontent.cfm?pageid=15&itemid=839

Curtis, Mallet-Prevost, Colt & Mosle LLP has announced that Jean-Claude Najar has joined the law firm as International Counsel. Mr. Najar will focus his practice on international arbitration and compliance. He will be based in the Curtis Paris office but will also work frequently from the firm's other offices, especially Istanbul. Mr. Najar is the third prominent international arbitration lawyer to move to Curtis in the last six months. Professor Tullio Rodolfo Treves joined Curtis Milan in July, while Nadia Darwazeh also joined the firm's Paris office from the ICC's International Court of Arbitration in September.

WTO: Director-General Selection Process - Nine candidates nominated for the post of Director-General

Jan 03, http://www.wto.org/english/news_e/news13_e/dgsel_03jan13_e.htm

Nine candidates have been nominated by their respective governments for the post of WTO Director-General to succeed the current Director-General, Pascal Lamy, whose term of office expires on 31 August 2013.

The candidates (listed in the order that the nominations were received) are as follows:

In line with WTO procedures for the appointment of the Director-General, the nomination period closed on 31 December 2012.

A formal General Council meeting will be held on 29 January 2013 where candidates will present themselves to the membership.

The selection process will conclude with a decision by the General Council no later than 31 May 2013.

Greenberg Traurig Shareholder James Bacchus Appointed Chair of The International Chamber of Commerce Commission on Trade and Investment Policy - MarketWatch

Jan 02, http://www.marketwatch.com/story/greenberg-traurig-shareholder-james-bacchus-appointed-chair-of-the-international-chamber-of-commerce-commission-on-trade-and-investment-policy-2013-01-02

PRNewswire via COMTEX -- International law firm Greenberg Traurig, LLP, is pleased to announce that James Bacchus, leader of the firm's Global Practice Group has been appointed chair of the International Chamber of Commerce (ICC) Commission on Trade and Investment Policy.

Quinn Emanuel Adds Stephen Jagusch to London Office

Jan 03, http://www.jdjournal.com/2013/01/02/quinn-emanuel-adds-stephen-jagusch-to-london-office/

On Wednesday morning, the law firm of Quinn Emanuel Urquhart & Sullivan LLP announced via a press release that Stephen Jagusch has joined the London office of the firm as a partner. Jagusch previously worked at Allen & Overy's Global Chair of the firm's International Arbitration Practice. Jagusch will hold the same role at Quinn Emanuel.

ICSID

Award: Vannessa Ventures Ltd v Venezuela - ICSID ARB-AF-04-6

16 January 2013 @ Vannessa Ventures Ltd v Venezuela - ICSID ARB-AF-04-6 - Award - English - 16 January 2013

Outcome of Proceeding: Asset Recovery Trust S.A. v. Argentine Republic (ICSID Case No. ARB/05/11)

The Tribunal issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) on November 27, 2012.

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

The Tribunal issues its decision on the request for a supplementary decision and rectification on January 18, 2013; attached to the decision is a partial dissenting opinion by arbitrator Stuart E. Eizenstat.

BOOKS

CEPINA Book: 10 ans d'existence du règlement pour la résolution des litiges en matière des noms de domaine.be

Jan 18, http://www.cepani.be/en/

CEPANI organized on december 12th a colloquium with the topic "10 ans d'existence du règlement pour la résolution des litiges en matière des noms de domaine.be / 10 jaar bestaan van het reglement ter beslechting van de geschillen inzake .be domeinnamen.

Jurisdiction and Arbitration Agreements in International Commercial Law

Zheng Sophia Tang

ISBN13: 9780415625548
ISBN: 0415625548
Publisher: Routledge
Country of Publication: UK

This book offers a systematic and comparative study on the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution in order to determine whether the clauses have the identical effects in private international law. The book also investigates whether they have or should be given the same treatment by most countries in the world. The book compares the treatment of jurisdiction and arbitration clauses in the US, China, the UK and the EU with the use of empirical evidence to demonstrate how in practice exclusive jurisdiction and arbitration agreements are enforced. In light of all this the book considers whether the Hague Convention could be treated as a litigating counterpart of the New York Convention and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce.

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