News In Brief – Autumn 2012

Founder of Lalive passes away
Jean-Flavien Lalive, a highly respected scholar and international arbitration practitioner, passed away on 15 August 2012. He made tremendous contributions to the development of international law through the various leading roles which he held in international organisations, his academic work and decisions as an arbitrator. He will be sadly missed.

Venezuela ceases to be a party to ICSID Convention
On 25 July 2012, Venezuela ceased to be a party to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”). Venezuela had filed a notice of denunciation with ICSID six months previously, on 24 January 2012.

Montenegro signs the ICSID Convention
On 19 July 2012, the ICSID Convention was signed by Montenegro.

New President of the World Bank takes office
On 1 July 2012, Dr. Jim Yong Kim became the twelfth President of the World Bank, replacing Mr. Robert Zoellick. Dr. Kim will serve a five-year renewable term as President, also acting as Chair of the International Centre for the Settlement of Investment Disputes (“ICSID|”) Administrative Council.

Prosecutor of the International Criminal Court sworn in
On 15 June 2012, Ms. Fatou Bensouda replaced Mr. Luis-Moreno Ocampo as prosecutor of the International Criminal Court (the “Court”). Ms. Bensouda, formerly deputy prosecutor of the Court, will serve a fixed nine-year term.

New Secretary-General of the Permanent Court of Arbitration
On 1 June 2012, H.E. Hugo Hans Siblesz, former Ambassador of the Kingdom of the Netherlands to France, Monaco and Andorra (2006-2012) replaced Mr. Christian M.J. Kroner as Secretary-General of the Permanent Court of Arbitration and will serve in that position for a five-year term.

Bolivia announces termination of BIT with United States
On 23 May 2012, the Government of Bolivia delivered to the United States a notice of termination of the bilateral investment treaty (“BIT”) in place between the two countries. Whilst the BIT will cease to have effect following 10 June 2012, it will continue to apply retrospectively, for a further ten years, with regards to investments existing as at 10 June 2012.

Churchill Mining files ICSID claim against Indonesia
On 22 May 2012, British company Churchill Mining plc (“Churchill”) filed an international arbitration claim against Indonesia regarding the East Kutai coal project. The claim is being brought under the United Kingdom-Indonesia BIT and will be heard under the auspices of ICSID. On 22 June 2012, the ICSID Secretary-General registered Churchill’s request for arbitration. A tribunal was constituted on 3 October 2012, consisting of Albert Jan van den Berg, Michael Hwang and Gabrielle Kaufmann-Kohler (President).

Firm News

The Legal 500 has ranked Volterra Fietta in the top tier of its public international law category for 2012.

On 24 September 2012, Robert Volterra, Chris Stephen & James Upcher delivered training sessions at the Africa International Legal Awareness Investment Treaty Law programme held in London.

In July 2012, Robert Volterra and Stephen Fietta were named as senior visiting lecturers at King’s College London in its geopolitics, territory and security programme.

On 27 July 2012, Stephen Fietta and Ioannis Konstantinidis delivered a presentation on “Case Law on Maritime Delimitation” at the International Foundation for the Law of the Sea Summer Academy 2012 held at the
International Tribunal for the Law of the Sea in Hamburg.

On 28 June 2012, Robert Volterra spoke regarding exception clauses within bilateral investment treaties at a conference entitled “Global Investment Governance: Multilateral liberalisation through bilateral treaties?” organised by the Globalization & Finance Project, sponsored by the Ford Foundation, at the Blavatnik School of Government at the University of Oxford.

On 20 June 2012, Robert Volterra spoke at the C5 forum on “Investment Protection in North Africa” held in Paris.

The firm is delighted to announce that Bernhard Meier and Álvaro Nistal joined the firm as associates on 1 June 2012 and 13 August 2012 respectively.

On 17 May 2012, Robert Volterra spoke at the International Legal Forum 2012 on “Foreign Investment in the Mining Industry” held at the Russian Ministry of Justice in St. Petersburg.