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Preview: LexisNexis® Mealey's™ International Arbitration Legal News

LexisNexis® Mealey's™ International Arbitration Legal News



Headline International Arbitration Legal News from LexisNexis®



 



ICSID Grants Stay, Orders Tanzanian Entity To Pay $148M Security
WASHINGTON, D.C. - An ad hoc Committee for the International Center for Settlement of Investment Disputes (ICSID) on April 17 granted a request by a Tanzanian electric supply company to stay the enforcement of a $148.4 million arbitral award pending the outcome of its application to annul the decision but ordered it to post a security guarantee in the full amount of the award (Standard Chartered Bank v. Tanzania Electric Supply Co., No. ARB/10/12, ICSID).



BlackBerry Awarded $814.8M In Arbitration Over Royalties For Sales
WATERLOO, Ontario - A mobile-native security software and services company on April 12 announced that an award has been issued by an arbitral panel in its favor in a dispute over royalties applied to payments under a license agreement, ordering a California entity to pay it $814,868,350 in damages.



Mexico's Oil Company Pays $435M Settlement In Satisfaction Of ICC Award
HOUSTON - KBR Inc. on April 10 announced that it has reached a settlement with a Mexico-owned oil company, ending its efforts to collect a $435 million arbitral award issued in favor of its subsidiary.



Companies Settle Arbitration Case Over Colombia Mine Dispute
LONDON - An English mining company on April 5 announced that its subsidiary and a Colombian milling company have entered into a settlement, completely resolving an international arbitration case.



Judge Confirms $1.2B ICSID Award, Dismisses Venezuela's Motion To Vacate
WASHINGTON, D.C. - A District of Columbia federal judge on March 25 granted a Canadian mining company's petition to confirm a $1.2 billion arbitral award issued by an international tribunal, rejecting the Republic of Venezuela's challenges to the award (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 16-0661, D. D.C., 2017 U.S. Dist. LEXIS 43697).



D.C. Circuit Affirms Confirmation Of $18M Award For Belize Bank
WASHINGTON, D.C. - After finding that a London arbitral award did not violate U.S. public policy, the District of Columbia Circuit U.S. Court of Appeals on March 31 rejected an appeal by the government of Belize and affirmed confirmation of the $18,470,881 award issued in favor of a Belize bank (Belize Bank Limited v. Government of Belize, Nos. 16-7083 Consolidated with 16-7089, 16-7094, D.C. Cir., 2017 U.S. App. LEXIS 5587).



Federal Judge Grants Request To Amend Ruling Confirming $52M ICC Award
WASHINGTON, D.C. - A District of Columbia federal judge on April 13 granted a technology development company's request to amend a judgment that confirmed a $52,087,465.69 arbitral award issued in its favor and against the Hellenic Republic, adding the tribunal's award of costs and converting the entire ruling into U.S. dollars (Science Applications International Corp. v. The Hellenic Republic, No. 1:13-cv-01070, D. D.C.).



ICSID Registers Case Seeking To Annul Award For Indonesia
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 11 registered an application for annulment filed by an English mining company that seeks to annul an award that granted an application filed by the Republic of Indonesia to dismiss an arbitration against it (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).



Venezuela Requests Annulment Of $161M Award For Energy Product Supplier
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered a request filed by the Bolivarian Republic of Venezuela to annul a $161.6 million arbitral award issued in favor of investors in two Venezuelan entities (Tenaris S.A. and Talta - Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela, No. ARB/12/23, ICSID).



Hungary Seeks To Annul $24.6M Award For French Benefit Company
WASHINGTON, D.C.- The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered an application filed by Hungary to annul an arbitral award that was issued in favor of a French social benefit company (Edenred S.A. v. Hungary, No. ARB/13/21, ICSID).



ICSID Grants Request To Discontinue Pipeline Case Filed Against United States
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on March 27 released its order discontinuing an arbitration commenced by two Canadian entities that sought damages from the United States in relation to their investment in a crude oil pipeline (TransCanada Corporation & TransCanada PipeLines Limited v. The Government of The United States, No. ARB/16/21, ICSID).



Judge Compels Arbitration Of Shipping Dispute, Asks Parties To Agree On Forum
MIAMI - A Florida federal judge on March 28 found that a dispute over a charter party agreement should be compelled to arbitration but denied the motion until the parties could agree as to where the arbitration should be conducted (Internaves De Mexico, s.a. de C.V. v. Andromeda Steamship Corporation, et al., No. 16-81719, S.D. Fla., 2017 U.S. Dist. LEXIS 46507).



Energy Supplier Seeks Assistance In Obtaining Discovery In Arbitration
NEW YORK- An English energy supplier on April 18 filed an ex parte application in a New York federal court, seeking assistance in obtaining certain evidence held by a bank for use in an international arbitration commenced by it in relation to a dispute over the alleged forced taking of power-generating equipment by the Commonwealth of Australia (In re Application of APR Energy Holdings Limited for Judicial Assistance in obtaining Evidence in this District for Use in a Foreign and International Proceeding Pursuant to 28 U.S.C. 1782, No. 1:17-cv-02784, S.D. N.Y.).



ICC Releases New Report On Technology And International Arbitration
PARIS - The International Chamber of Commerce on April 12 announced that it has updated its report on how information technology (IT) is used in international arbitration for the first time in more than a decade.



Judge Remands Injury Claims After Insurer Seeking Arbitration Is Dismissed
ALEXANDRIA, La. - After granting a request to dismiss a Bermuda insurer that removed an action filed by an injured electrician from a state court based on an arbitration agreement with an energy company named as a defendant, a Louisiana federal judge on April 3 granted the claimant's motion to remand the case to a state court for lack of jurisdiction (Garrett L. Faulk, et al. v. Alcoa Inc., et al., No. 2:16-CV-01461, W.D. La., 2017 U.S. Dist. LEXIS 51675).



Judge: Relationship Involving Arbitrator Justifies Vacatur Of Award
NEW YORK - A federal judge in New York on March 31 vacated a reinsurance arbitration award because of an arbitrator's failure to disclose his relationships with one of the arbitrating parties (Certain Underwriting Members at Lloyd's, London v. Insurance Company of the Americas, Nos. 16-cv-323, 16-cv-374, S.D. N.Y.).



Mitchell Silberberg & Knupp Add Attorney To International Dispute Practice
WASHINGTON, D.C. - Mitchell Silberberg & Knupp on April 6 announced that Alexandra "Xander" Meise has joined the firm's international disputes practice.



Reed Smith Opens Miami Office, Adds 7 Arbitration Attorneys
MIAMI - Reed Smith on April 11 announced that it is opening a Miami office and adding seven attorneys to its international arbitration and litigation practice.



ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).



PCA Issues Jurisdictional Award In Treaty Arbitrations Against Russia
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on March 9 announced that it has issued an interim award in two cases in which investors assert claims against the Russian Federation for violation of a bilateral investment treaty, ruling on issues of jurisdiction and admissibility (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).



Panel Awards California Electric Company $125M For Defective Generators
ROSEMEAD, Calif. - Southern California Edison (SCE) on March 13 announced [ee]that an international arbitration tribunal has issued an award in a dispute over defective generators that were built for use at a nuclear plant, awarding SCE $125 million in damages.



ICSID Finds Pakistan Violated Treaty, Will Proceed To Damages Phase
TORONTO - The owner of a joint copper mining venture on March 21 said the International Centre for Settlement of Investment Disputes (ICSID) has found that the Islamic Republic of Pakistan violated a treaty in relation to a dispute over mining licenses.



2nd Circuit Grants Petition For Rehearing In Enforcement Case
NEW YORK - The Second Circuit U.S. Court of Appeals on March 2 granted a petition for rehearing filed by defendants in an action to confirm a $48 million arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration for the purpose of correcting its previous instructions to the district court with instructions that the district court apply New York law to the remaining issues of the case (CBF Industria de Gusa S/A, et al. v. Amci Holdings Inc., No. 15-1133, 15-1146, 2nd Cir., 2017 U.S. App. LEXIS 3815).



ICSID Refuses To Stay Case Pending Court's Ruling On Petition To Vacate
WASHINGTON, D.C. - An arbitrator for the International Centre for Settlement of Investment Disputes (ICSID) on March 1 released a decision in which he refused a request filed by investors in a luxury development in Costa Rica to stay an arbitration pending the outcome of their petition in a U.S. federal court to set aside an award, finding that a stay of the arbitration would prejudice the Republic of Costa Rica (Aaron C. Berkowitz, et al. v. The Republic of Costa Rica, No. UNCT/13/2, ICSID).



Ontario Court Enforces $22M Award Against Republic Of Kyrgyzstan
TORONTO - An energy firm on Feb. 28 announced that a Canadian court has recognized and [ee]enforced an arbitral award issued pursuant to the United Nations Commission on International Trade Law (UNCITRAL) against Republic of Kyrgyzstan.



Judge Confirms $5.7M Award For UAE Food Products Distributor
NEW YORK - A New York federal judge on March 17 confirmed a $5,733,023 arbitral award issued in favor of a United Arab Emirates (UAE) company in a dispute over the termination of a food distribution agreement, but refused to award it sanctions, finding that the other party's motion to vacate the award was not frivolous (Al Maya Trading Establishment v. Global Export Marketing Co. Ltd., No. 16-CV-2140, S.D. N.Y., 2017 U.S. Dist. LEXIS 39192).



Kyrgyz Republic Applies To English Court To Set Aside PCA Award
TORONTO - A Canadian energy company on March 8 said the Kyrgyz Republic has filed an application with an English court, seeking to set aside a jurisdictional award that was issued in favor of the company by an international arbitral tribunal.



Tata And Docomo Seek Stay Pending Approval Of Settlement By Indian Court
NEW YORK- In a joint statement filed with the U.S. District Court for the Southern District of New York, an Indian telecommunications provider on March 13 said that it will pay a Japanese telecommunications company a $1.7 billion arbitral award pursuant to a settlement and requested that the case be stayed pending approval of the agreement between the parties by an Indian court (NTT Docomo Inc. v. Tata Sons Limited, No. 1:16-cv-7809, S.D. N.Y.).



Judge Dismisses Case Against UAE Company, Rejects Alter-Ego Theory
TACOMA, Wash.- A Washington federal judge on Feb. 14 granted a motion filed by a United Arab Emirates (UAE) company and another entity to dismiss claims related to an underlying dispute under a medical services software agreement, finding that removal of the case was proper because it related to an international arbitral award and that a plaintiff failed to prove its alter-ego theory (Cerner Middle East Limited v. Belbadi Enterprises LLC, et al., No. 16-5706, W.D. Wash., 2017 U.S. Dist. LEXIS 20828).



English Oil Company Commences Treaty Arbitration Against Italy
LONDON- An English exploration company on March 23 announced that it has commenced arbitration against the Republic of Italy, asserting that it breached the Energy Charter Treaty (ECT).



Energy Firm Says It Will File SIAC Arbitration Over Shares In Mine
SUBIACO, Western Australia - An Australian energy firm on March 23 announced that it will commence arbitration with the Singapore International Arbitration Centre (SIAC) against a uranium holding company, asserting claims related to a notice requesting that it determine the value of its shares in a mine.



Judge Compels Arbitration Of Chef's Injury-Related Claims Against Ship Owner
MIAMI - A Florida federal judge on March 13 compelled arbitration of a sous chef's injury-related claims against the owner of a ship, finding that they directly related to an underlying mandatory arbitration provision in her employment contract but remanded her claims against another vessel owner to a state court for lack of jurisdiction (Linnea Wexler v. Solemates Marine Ltd., et al., No. 16-cv-62704, S.D. Fla., 2017 U.S. Dist. LEXIS 36376).



Judge Refuses To Compel Arbitration Of Investor's Claims In China
WILMINGTON, Del. - A Delaware federal judge on March 22 denied a motion filed by several companies to compel arbitration of claims asserted by an investor in relation to supply and operating agreements, finding that neither of the arbitration provisions in the contracts applies to his claims (Pei Chuang v. OD Expense, et al., No. 1:16-cv-00915, D. Del., 2017 U.S. Dist. LEXIS 40913).



Judge Finds Claims Could Relate To International Arbitration Agreement
BOSTON - A Massachusetts federal judge on Feb. 28 refused to dismiss an action filed by a United Arab Emirates (UAE) company, which is seeking payments related to a $62 million arbitral award, finding that the underlying claims could potentially be affected by an arbitration agreement (Cerner Middle East Limited v. Ahmed Saeed Mahmoud Al-Badie Al-Dhaheri, et al., No. 16-11984, D. Mass, 2017 U.S. Dist. LEXIS 27954).



PCA Releases Annual Report, Announces Increase In Arbitrations
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on March 23 released its 2016 annual report announcing an increase in new arbitration requests and in administered cases.



Judge Finds Asbestos Claims Against English Insurer Related To Arbitration Clause
NEW ORLEANS - A Louisiana federal judge on March 16 found that an English insurer's removal of a former machinist's asbestos-related claims from a state court was appropriate, finding that the dispute could relate to an underlying arbitration agreement contained in an insurance policy (James Edward O'Connor v. Maritime Management Corp., et al., No. 16-16201, E.D. La., 2017 U.S. Dist. LEXIS 37798).



PCA To Co-Host International Energy Forum In Brussels
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on March 21 announced that it is co-organizing a forum called "Mobilising Investments for a Sustainable Energy Future," which will be hosted by the International Energy Charter in Brussels, Belgium.



ICSID Awards Resource Companies $379M In Damages For Treaty Violations
PARIS - After rejecting grounds for reconsideration of a liability ruling submitted by the Republic of the Ecuador, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 9 released its award on damages in a case filed by a group of resource companies, awarding them $379,802,267 for breaches of a bilateral investment treaty (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).



ICSID Orders Turkmenistan To Pay $2.8M To Investor For Breaches Of Treaty
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 1 released its award in an arbitration commenced by a U.K. investor in relation to a contract for the construction of highway bridges and overpasses, ordering Turkmenistan to pay the company $2,892,400 in damages and costs, plus interest (Garanti Koza LLP v. Turkmenistan, No. ARB/11/20, ICSID).



Dana Gas Says London Arbitral Tribunal Issued Award Against Kurdistan
SHARJAH, United Arab Emirates - A United Arab Emirates gas company on Feb. 14 announced that a London tribunal has issued an award in its favor, finding that the Kurdistan Regional Government of Iraq (KRG) breached an underlying agreement and delayed its progress in completing a project.



Tribunal Orders Ukraine To Pay $11.8M For Overpayment Of Royalties
LONDON - A U.K. oil and gas company on Feb. 7 said an international arbitral tribunal has issued an award on its treaty claims against Ukraine, awarding it $11.8 million in damages related to royalties and production taxes its subsidiary paid.



High Court Rejects Czech Republic's Petition For Review Of Award
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari filed by the Czech Republic-Ministry of Health, which sought review of an appellate court decision that reversed the denial of a petition to confirm a $325 million arbitral award in favor of a Liechtenstein corporation (The Czech Republic-Ministry of Health v. Diag Human S.E., No. 16-620, U.S. Sup.).



ICSID Rejects Application To Suspend Investigation Of Witnesses In Uruguay
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 23 rejected a corporation's request for provisional measures in a case filed against the Oriental Republic of Uruguay, refusing to suspend or end a criminal investigation in Uruguay of two of its expert witnesses (Itabla Corp. v. Oriental Republic of Uruguay, No. ARB/16/9, ICSID).



ICSID Issues Order Terminating DR-CAFTA Claims Against Costa Rica
WASHINGTON, D.C. - After investors opted to not pursue any remaining claims against the Republic of Costa Rica in relation to their investments in a land development project, the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 10 issued an order terminating the case without prejudice (Spence International Investments, et al. v. Republic of Costa Rica, No. UNCT/13/2, ICSID).



Energy Firm Says PCA Will Hear UNICTRAL Case Against Kyrgyz
TORONTO, Ontario - Stans Energy Corp. on Jan. 26 said the Permanent Court of Arbitration (PCA) has issued an award in an arbitration commenced against the Kyrgyz Republic, finding that it has jurisdiction over the case (Stans Energy Corp. and Kutisay Mining LLC v. The Kyrgyz Republic, No. 2015-32, PCA).



Judge Dismisses Case Against UAE Company, Rejects Alter-Ego Theory
TACOMA, Wash.- A Washington federal judge on Feb. 14 granted a motion filed by a United Arab Emirates (UAE) company and another entity to dismiss claims related to an underlying dispute under a medical services software agreement, finding that removal of the case was proper because it related to an international arbitral award and that a plaintiff failed to prove its alter-ego theory (Cerner Middle East Limited v. Belbadi Enterprises LLC, et al., No. 16-5706, W.D. Wash., 2017 U.S. Dist. LEXIS 20828).



ICSID Continues Stay Of Enforcement Of $48M Award Against Bolivia
WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 22 released its decision to deny a request by two entities to lift a stay of enforcement of a $48,619,578 arbitral award issued in their favor, continuing the stay until pending annulment proceedings filed by the Plurinational State of Bolivia are concluded (Quiborax S.A., et al. v. Plurinational State of Bolivia, ARB/06/02, ICSID).



Judge Enforces $16.6M Award, Finds Morocco Was Not Primary Jurisdiction
WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 10 granted a petition to confirm a $16,666,677 international arbitral award issued in a dispute over an agreement for a construction project, finding that the Kingdom of Morocco failed to show that it was the primary jurisdiction for the case (Salini Costruttori S.p.A. v. Kingdom of Morocco, No. 14-cv-2036, D.D.C.; 2017 U.S. Dist. LEXIS 19044).



Federal Judge Enforces Ruling Confirming $20M Arbitral Award Against Belize
WASHINGTON, D.C.- A District of Columbia federal judge on Feb. 6 granted a petition to enforce a judgment confirming a $20,106,100 arbitral award that was issued in London in favor of two companies, finding that actions taken by the government of Belize to prohibit enforcement do not affect the district court's jurisdiction (BCB Holdings Limited, et al. v. The Government of Belize, No. 14-1123, D. D.C., 2017 U.S. Dist. LEXIS 17070).



Timor-Leste And Australia Release Joint Statement On Negotiations Over Boundary
THE HAGUE, Netherlands - The Democratic Republic of Timor-Leste and the Commonwealth of Australia on Jan. 24 announced that they have issued a joint statement regarding confidential negotiations over a maritime dispute and noted that Timor-Leste has terminated the Treaty on Certain Maritime Arrangements in the Timor Sea (Arbitration under the Timor Sea Treaty [Timor-Leste v. Australia], No. 2013-16, PCA).



Judge Recommends Denial Of Del Monte's Motion To Garnish Debt To Satisfy Award
MIAMI - A Florida federal magistrate judge on Jan. 30 recommended that a motion for garnishment filed by Del Monte International GMBH in relation to payment of a $29,290,440.54 international arbitral award issued in its favor be denied, finding that the award must first be confirmed pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Del Monte International GMBH v. Ticofrut S.A., No. 16-23894, S.D. Fla.).



Canadian Uranium Supplier May Seek Arbitration For Termination Of Contract
SASKATOON, Saskatchewan - A Canadian uranium producer on Feb. 1 announced that a Tokyo company has issued a termination notice of a contract for the supply of uranium for nuclear power plants and that it will pursue its legal rights and remedies, including possible arbitration.



Foundation Files Action On Behalf Of Investors In Brazilian Company
ROTTERDAM, The Netherlands - An international foundation on Jan. 24 announced that it has filed a lawsuit in a Dutch court, seeking damages on behalf of investors who allegedly suffered billions of dollars in losses related to investments in a Brazilian company.



Indian Firm Initiates Arbitration Against Industrial Development Authority
NOIDA, India - An Indian toll bridge company on Feb. 17 said it has initiated arbitration proceedings against a development authority, asserting claims for breach of a concession agreement.



Judge Compels Arbitration Of Insurers' Contract- Related Claims In Germany
MOBILE, Ala. - An Alabama federal judge on Feb. 3 granted a French energy company's motion to compel arbitration in Germany of claims asserted by numerous insurers in relation to a failed engine (Outokumpu Stainless USA LLC, et al. v. Converteam SAS, a foreign corporation now known as GE Energy Conversion France SAS, Corp., No. 16-00378, S.D. Ala., 2017 U.S. Dist. LEXIS 15331).



Merits Hearing Held In ICSID Case Against Costa Rica Will Be Transmitted Live
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 24 announced that a hearing on the merits and jurisdiction in a case commenced by a group of investors in a residential development project against the Republic of Costa Rica will be transmitted live (David R. Aven, et al. v. The Republic of Costa Rica, No. UNCT/15/3, ICSID).



United Nations Says Iraq Signs Convention On Transparency In Arbitration
VIENNA- The United Nations on Feb. 14 announced that Iraq has signed the United Nations Convention in Transparency in Treaty-based Investor-State Arbitration.



Vietnam International Arbitration Centre Releases New Rules
HANOI, Vietnam - The Vietnam International Arbitration Centre (VIAC) on Feb. 24 announced that it has officially released the VIAC Rules of Arbitration 2017.



Chartered Institute Of Arbitrators Releases New Guidelines On Appointments
LONDON - The Chartered Institute of Arbitrators (CIArb) on Feb. 22 announced that it has published new guidelines on the appointment of arbitrators.



ICSID Seeks Suggestions For Amendments To Rules And Regulations
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 25 announced that it has invited the public to file suggestions for amendments to its rules and regulations.



2nd Circuit: No Error In Finding Umpire Showed No Evident Partiality
NEW YORK - A Second Circuit U.S. Court of Appeals panel on Jan. 31 affirmed a lower court's confirmation of a number of international arbitration awards, finding that the arbitration umpire did not exhibit evident partiality to a retrocessional reinsurer (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 16-1267, 2nd Cir., 2017 U.S. App. LEXIS 1686).



Judge Confirms International Reinsurance Arbitration Award
NEW YORK - A federal judge in New York on Jan. 24 confirmed an award issued by an arbitration panel in an arbitration between an American insurer and certain London-based reinsurers (OneBeacon Insurance Company v. Certain Underwriters at Lloyd's London, No. 16-cv-09908, S.D. N.Y.).



Jenner & Block Hires International Arbitration And Litigation Partner
LONDON - Jenner & Block on Feb. 17 announced that it has appointed a new partner in its London office, specializing in international litigation and arbitration.



Permanent Court Of Arbitration Enters Host Agreement With Malaysia
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Feb. 10 announced that it has signed a host country agreement with Malaysia.



Extraordinary Becomes The Ordinary? Commisa Decision Urges Caution In Selecting Seat Of Arbitration As It Indicates Willingness By U.S. Courts To Enforce Arbitral Awards Previously Vacated Abroad
By Purvin N. Patel I. Introduction Over the past 50 years, the global economy has seen a continued rise in cross-border investments, and as a result of the increased complexities from such cross-border transactions, the need for a clear and consistent dispute resolution mechanism, including the recognition and enforcement of arbitral awards, has become imperative. As a result, most countries globally have adopted The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"),1 or the Inter-American Convention on International Commercial Arbitration (the "Panama Convention"),2 which is substantially similar to and is often characterized as "an extension of the New York Convention."3 Although each individual nation has specific procedural rules that must be carefully followed to enforce an arbitral award, the New York Convention and the Panama Convention each provides a general set of standard rules and procedures for enforcing such award, including with respect to enforcing any such award in one contracting state that is issued in another contracting state.4 In such instance, the rules of each of the New York Convention and the Panama Convention have a strong preference toward the enforcement of such award and state that such arbitral award should be enforced unless subject to certain limited defenses.5