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OGEL & TDM Law Journals
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📢 Call for Papers: OGEL Special Issue on "State Aid and Competition Rules in the Energy Sector"
www.ogel.org/news.asp?key...

Explore the evolving intersection of State aid and competition law within the energy sector, particularly in light of recent EU legal developments and regulatory challenges.
Minister Macpherson not in contempt of court for failing to comply with 'ambiguous' R4.32m award
Minister Macpherson not in contempt of court for failing to comply with 'ambiguous' R4.32m award
Image: Henk Kruger / Independent Newspapers A senior Department of Public Works and Infrastructure (DPWI) official has failed in her bid to have Minister Dean Macpherson declared in contempt of court, for failing to comply with a R4.32 million arbitration award. Instead, the Labour Court in Gqeberha ordered the matter to be remitted back to the General Public Service Sector Bargaining Council (GPSSBC) to vary its arbitration award handed down in August 2023, by couching it in clear and unambiguous terms. Nomzingisi Tukela, the DPWI’s OR Tambo, Eastern Cape (Mthatha) regional manager, was fired in 2019 following complaints about the region’s deteriorating performance. Tukela then hauled the department to the GPSSBC to challenge the fairness of her dismissal. In August 2023, GPSSBC arbitrator Mbulelo Safa issued an arbitration award declaring her dismissal procedurally and substantively unfair and ordering the department to reinstate her in her previous position, which was at the level of chief director, with the same terms and conditions that prevailed before she was fired. The DPWI was also ordered to pay Tukela more than R4.32m in back pay within 30 days. The unclear and ambiguous part of the award stated that "given the passage of time from the date of dismissal of the applicant (Tukela) it may not be practical to place her in her original position in Mthatha". It ordered the DPWI minister determine where she will be placed and provide her with three places to choose from before the date of the reinstatement. The award was brought to Macpherson’s attention but he denied being in wilful and mala fide (bad faith) non-compliance with the award. Macpherson insisted that the award was complied with as the department provided Tukela with three positions to choose from but she rejected them. Tukela wanted to be reinstated back to her old position but Macpherson indicated that the post had been filled. The minister also feared that employees in the Mthatha regional office and Cosatu affiliate, the National Education, Health and Allied Workers' Union, had lodged complaints of abuse of power and victimisation against Tukela and would oppose her return. Tukela approached the Labour Court to challenge Macpherson’s refusal to place her in the Mthatha office, arguing that the law does not preclude her reinstatement to a position that the department has already filled. Labour Court Judge Zolashe Lallie found that Macpherson had complied with the award, further stating that the different interpretations of the unclear and ambiguous part of the award was a manifestation of its ambiguity. In her ruling last week, Judge Lallie said any relief granted by an arbitrator in terms of the Labour Relations Act must be clear and inform each party in unequivocal terms of the steps it needs to take in complying with it. "The clarity plays a crucial role in the determination of compliance with an award. A decision on a contempt of court application has serious ramifications for both parties. Its correctness which depends, inter alia, on the clarity of the award cannot be overlooked," the judge stated. She added that part of the award was ambiguous and there is a need to have the ambiguity elucidated. The only person who can clear the ambiguity is the arbitrator who arbitrated the dispute and issued the award, according to Judge Lallie. "The appropriate order in the circumstances is to remove the matter from the roll and remit the matter to the GPSSBC for the arbitrator to vary the award by couching paragraph 270 of the arbitration award in clear and unequivocal terms," reads the judgment. [email protected]
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Withers to commence proceedings against Switzerland on behalf of AT1 bondholders; funding discussions with Omni Bridgeway in advanced stages
Withers to commence proceedings against Switzerland on behalf of AT1 bondholders; funding discussion | Withers
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Council Regulation (EU) 2025/2033 of 23 Oct 2025 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising situation in Ukraine
eur-lex.europa.eu/legal-conten...

#LNG

👉 TDM cfp Sanctions www.transnational-dispute-management.com/news.asp?key...
Government perceives less rejection of Cobre Panamá mine
www.bnamericas.com/en/news/gove...

Panama's Minister of Economy and Finance, Felipe Chapman, stated that public opposition to the operation of the Cobre Panamá mine, suspended since 2023, has significantly decreased and that a significant...
BNamericas - Government perceives less rejection of Cobre...
Economy and Finance Minister Felipe Chapman stated that opposition to Cobre Panamá has fallen to 50% and that the reopening could gain support if it guarante...
www.bnamericas.com
Thirteenth Washington Arbitration Competition
🗓 2-4 April 2026
🌐 Washington, D.C., USA
🔗 www.wcl.american.edu/impact/initi...

This year's case will focus on an international investment dispute under the ICSID Rules of Arbitration...
Treasury Sanctions Major Russian Oil Companies, Calls on Moscow to Immediately Agree to Ceasefire
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👉 TDM Sanctions and International Arbitration http://dlvr.it/TNs0kB
Treasury Sanctions Major Russian Oil Companies, Calls on Moscow to Immediately Agree to Ceasefire
WASHINGTON — Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is imposing further sanctions as a result of Russia’s lack of serious commitment to a peace process to end the war in Ukraine.  Today’s actions increase pressure on Russia’s energy sector and degrade the Kremlin’s ability to raise revenue for its war machine and support its weakened economy. The United States will continue to advocate for a peaceful resolution to the war, and a permanent peace depends entirely on Russia’s willingness to negotiate in good faith. Treasury will continue to use its authorities in support of a peace process.“Now is the time to stop the killing and for an immediate ceasefire,” said Secretary of the Treasury Scott Bessent.  “Given President Putin’s refusal to end this senseless war, Treasury is sanctioning Russia’s two largest oil companies that fund the Kremlin’s war machine. Treasury is prepared to take further action if necessary to support President Trump’s effort to end yet another war. We encourage our allies to join us in and adhere to these sanctions.”Today’s action targets Russia’s two largest oil companies, Open Joint Stock Company Rosneft Oil Company (Rosneft) and Lukoil OAO  (Lukoil), which are now designated.  Rosneft is a vertically integrated energy company specializing in the exploration, extraction, production, refining, transport, and sale of petroleum, natural gas, and petroleum products.  Lukoil engages in the exploration, production, refining, marketing, and distribution of oil and gas in Russia and internationally.Rosneft and Lukoil are being designated pursuant to E.O. 14024 for operating or having operated in the energy sector of the Russian Federation economy.Additionally, OFAC is designating a number of Russia-based Rosneft and Lukoil subsidiaries, a list of which is available in Annex 1 below.  All entities owned 50 percent or more, directly or indirectly, by Rosneft and Lukoil are blocked pursuant to E.O. 14024, even if not designated by OFAC.ANNEX 1: ROSNEFT AND LUKOIL SUBSIDIARIES The following Russia-based Lukoil and Rosneft subsidiaries are being designated pursuant to E.O. 14024 for operating or having operated in the energy sector of the Russian Federation economy:Lukoil subsidiary Limited Liability Company Lukoil Perm is involved in geological exploration and oil and gas production in Russia.Lukoil subsidiary Lukoil Aik A Limited Liability Company is involved in oil and gas production in Russia.Lukoil subsidiary Lukoil Kaliningradmorneft is developing onshore and offshore oil and gas fields in Russia. Lukoil subsidiary Lukoil West Siberia Limited is involved in oil and gas production in Russia.Lukoil subsidiary Russian Innovation Fuel and Energy Company is involved in the development, production, testing, and implementation of new technologies, techniques, and equipment for the development of hard-to-recover hydrocarbon reserves and enhanced oil recovery in Russia.Lukoil subsidiary Uraloil is developing oil and gas fields in Russia.Rosneft subsidiary Aktsionernoe Obshchestvo Kuibyshevskii Neftepererabatyvayushchii Zavod operates an oil refinery in Russia.Rosneft subsidiary AO Sibneftegaz is developing gas and gas condensate fields in Russia.Rosneft subsidiary Bashneft Dobycha is developing almost 200 hydrocarbon fields in Russia.Rosneft subsidiary CJSC Vankorneft is developing a large oil and gas field in Russia.Rosneft subsidiary Joint Stock Company East Siberian Oil and Gas Company is developing an oil and gas condensate field in Russia.Rosneft subsidiary Joint Stock Company Grozneftegaz produces oil and gas in Russia. Rosneft subsidiary Joint Stock Company Rospan International is developing oil and gas deposits in Russia.Rosneft subsidiary Joint Stock Company Ryazan Oil Refinery Company operates an oil refinery in Russia.Rosneft subsidiary Joint Stock Company Samaraneftegaz produces oil in Russia.Rosneft subsidiary Kharampurneftegaz is developing a gas field in Russia.Rosneft subsidiary Limited Liability Company Bashneft Polus explores, produces, and refines oil and oil products in Russia.Rosneft subsidiary Limited Liability Company Kynsko Chaselskoe Neftegaz manages oil and gas condensate fields in Russia.Rosneft subsidiary Limited Liability Company RN Purneftegaz is developing oil and gas fields in Russia.Rosneft subsidiary Limited Liability Company RN Tuapse Oil Refinery operates an oil refinery in Russia.Rosneft subsidiary Limited Liability Company RN-Krasnodarneftegaz produces oil and gas in Russia.Rosneft subsidiary OJSC Achinsk Refinery operates an oil refinery in Russia.Rosneft subsidiary OJSC Novokuybyshevsk Refinery operates an oil refinery in Russia.Rosneft subsidiary OJSC Orenburgneft produces oil and gas in Russia and operates a gas processing plant in Russia.Rosneft subsidiary OJSC Samotlorneftegaz is involved in the exploration and development of oil and gas fields in Russia. Rosneft subsidiary OJSC Syzran Refinery operates an oil refinery in Russia.Rosneft subsidiary PJSC Verkhnechonskneftegaz is developing a large oil and gas condensate field in Russia.Rosneft subsidiary Public Joint Stock Company Saratov Oil Refinery operates an oil refinery in Russia.Rosneft subsidiary Publichnoe Aktsionernoe Obschestvo Udmurtneft Imeni VI Kudinova produces oil in Russia.Rosneft subsidiary RN Komsomolskiy Refinery operates an oil refinery in Russia.Rosneft subsidiary RN Nyaganneftegaz is involved in crude oil production in Russia.Rosneft subsidiary RN Uvatneftegaz is developing almost 40 oil or oil and gas condensate fields in Russia.Rosneft subsidiary RN Yuganskneftegaz produces oil in Russia.Rosneft subsidiary Taas Yuryakh Neftegazodobycha is developing an oil and gas field in Russia.SANCTIONS IMPLICATIONSAs a result of today’s action, all property and interests in property of the designated or blocked persons described above that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC.  In addition, any entities that are owned, directly or indirectly, individually or in the aggregate, 50 percent or more by one or more blocked persons are also blocked.  Unless authorized by a general or specific license issued by OFAC, or exempt, OFAC’s regulations generally prohibit all transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of blocked persons. Violations of U.S. sanctions may result in the imposition of civil or criminal penalties on U.S. and foreign persons.  OFAC may impose civil penalties for sanctions violations on a strict liability basis. OFAC’s Economic Sanctions Enforcement Guidelines provide more information regarding OFAC’s enforcement of U.S. economic sanctions.  In addition, financial institutions and other persons may risk exposure to sanctions for engaging in certain transactions or activities with designated or otherwise blocked persons.In addition, foreign financial institutions that conduct or facilitate significant transactions or provide any service involving Russia’s military-industrial base, including any persons blocked pursuant to E.O. 14024, run the risk of being sanctioned by OFAC. For additional guidance, please see the updated OFAC advisory, “Updated Guidance for Foreign Financial Institutions on OFAC Sanctions Authorities Targeting Support to Russia’s Military-Industrial Base,” as well as OFAC Frequently Asked Questions (FAQs) 1146-1152, 1181-1182. Furthermore, engaging in certain transactions involving the persons designated today may risk the imposition of secondary sanctions on participating foreign financial institutions. OFAC can prohibit or impose strict conditions on opening or maintaining, in the United States, a correspondent account or a payable-through account of a foreign financial institution that knowingly conducts or facilitates any significant transaction on behalf of a person who is designated pursuant to the relevant authority.The power and integrity of OFAC sanctions derive not only from OFAC’s ability to designate and add persons to the SDN List, but also from its willingness to remove persons from the SDN List consistent with the law.  The ultimate goal of sanctions is not to punish, but to bring about a positive change in behavior.  For information concerning the process for seeking removal from an OFAC list, including the SDN List, or to submit a request, please refer to OFAC’s guidance on Filing a Petition for Removal from an OFAC List.Any persons included on the SDN List pursuant to E.O. 14024 may be subject to additional export restrictions administered by the Department of Commerce, Bureau of Industry and Security (BIS).For identifying information on the individuals and entities sanctioned today, click here. ###
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Shanghai Arbitration Commission (SHAC) inaugurates 1st overseas branch in Malaga (Spain)
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👉 TDM #Maritime #Arbitration http://dlvr.it/TNrMTf
China's leading arbitration body inaugurates 1st overseas branch
MADRID, Oct. 22 (Xinhua) -- The Shanghai Arbitration Commission (SHAC) officially inaugurated its first overseas branch on Tuesday in Spain's southern coastal city of Malaga. The establishment aims to provide one-stop, full-lifecycle legal and commercial support to both Chinese enterprises and multinational companies navigating international markets, including those investing in China. Francisco de la Torre, mayor of Malaga, welcomed the inauguration, saying that it helps brand Malaga as an open international city that attracts talent and promotes trade, economy and peace in the world. Alexander Mejia, division director of the United Nations Institute for Training and Research, said he looked forward to cooperation with SHAC European Hub in training lawyers and legal professionals in the future. Malaga hosts the SHAC European Hub thanks to its geographic advantage linking Europe and Africa, along with its mature legal services sector and presence of international organizations. These advantages offer strong operational support and foster global cooperation in advancing international arbitration standards and practices. Fan Mingchao, executive vice president of SHAC, at the inauguration ceremony, said, "With the efforts of everyone, we will work together for international commercial diplomacy for peace." Established in 1995, SHAC is one of China's pioneering arbitration institutions with an internationalized panel of arbitrators. Enditem
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III Annual Conference of the Legal Service of the European Commission Conference Report 2025
commission.europa.eu/document/dow...

🔵 The Law of Sanctions
👉 TDM cfp Sanctions and International Arbitration
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🔵 EU law and Arbitration
🤖 Largest study of its kind shows AI assistants misrepresent news content 45% of the time - regardless of language or territory
www.bbc.co.uk/mediacentre/...

... AI assistants ... routinely misrepresent news content no matter which language, territory, or AI platform is tested ...
HM King issues Decree (63) of 2025 BICC
www.bna.bh/en/news?cms=...
Joan Donoghue; Dr. Pinky Anand; Judge Abdulrahman Al Sayed Mohammed Al Sayed Ahmed; Judge Khalid Hassan Ali Ajaji; Dr. Mohammed Salah Abdelwahab; Aysha Abdullah Mohammed Mutaywea; Chiann Bao; Philippe Pinsolle.