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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 Awards Caratube $39.2M In Investment Dispute With Kazakhstan
PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 28 issued its award in a dispute over exploration rights, ordering the Republic of Kazakhstan to pay an international oil company $39.2 million in damages (Caratube International Oil Company LLP & Mr. Devincci Salah Hourani v. Republic of Kazakhstan, No. ARB/13/13, ICSID).



Shipbuilder Says ICC Awarded It 200M Euros In Arbitration With Greece
ATHENS, Greece - A middle eastern shipbuilder on Oct. 5 announced that an international arbitral tribunal has awarded it 200 million Euros in an arbitration with the Hellenic Republic.



PCA Says Timor-Lest, Australia Agree On Treaty Terms In Maritime Dispute
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Oct. 15 announced that Timor-Lest and Australia have agreed on the language of a treaty regarding maritime boundaries in the Timor Sea (Timor-Leste v. Australia, No. 2013-16, PCA).



Judge Finds $325M Award Is Null, Grants Dismissal For Czech Ministry
WASHINGTON, D.C. - After finding that a tribunal's discontinuance of an arbitration case commenced by a Liechtenstein corporation against the Czech Republic Ministry of Health effectively nullified a $325 million award issued in its favor, a District of Columbia federal judge on Sept. 27 granted a motion filed by the ministry to dismiss the petition (Diag Human, S.E. v. Czech Republic Ministry of Health, No. 13-0355, D. D.C., 2017 U.S. Dist. LEXIS 158452).



Judge Confirms $145.7M Swedish Award In Oil Field Development Dispute
HOUSTON - After finding that none of a Ukrainian entity's objections to an award issued in favor of a petroleum corporation by a Swedish arbitral tribunal applied, a Texas federal judge on Oct. 2 confirmed the $145.7 million award in the company's favor (OJSC Ukrnafta v. Carpatsky Petroleum Corp., et al., No. 09-891, S.D. Texas, 2017 U.S. Dist. LEXIS 163064).



Petitioners Seek Review Of Ruling Confirming $48M ICC Award
WASHINGTON, D.C. - A group of companies on Sept. 28 filed a petition for a writ of certiorari with the U.S. Supreme Court, seeking review of whether an international arbitral award can be enforced against a nonparty pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 21 U.S.T. 2517 (Amci Holdings Inc., et al. v. CBF Industria De Gusa S/A, et al., No. 17-481, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 3779).



Venezuela Requests Stay Of Petition To Confirm $491M Award Pending Annulment Case
WASHINGTON, D.C. - The Bolivarian Republic of Venezuela on Oct. 11 filed its opposition to a Netherlands entity's petition to confirm a $491,081,701 arbitral award that was issued in its favor, pending the outcome of an annulment proceeding currently pending before the International Centre for Settlement of Investment Disputes (ICSID) (OI European Group B.V. v. Bolivarian Republic of Venezuela, No. 1:16-cv-01533, D. D.C.).



PCA Finds Swiss Unions' Claims Under Bangladesh Accord Are Admissible
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Oct. 16 announced that it has issued a procedural order finding that claims asserted by labor union federations against global fashion brands under a Bangladesh safety treaty are admissible, among other decisions (IndustriALL Global Union, et al., Nos. 2016-36; 2016-37, PCA).



ICSID Constitutes Tribunal In Energy Charter Treaty Arbitration Against Italy
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Sept. 26 constituted a tribunal in an arbitration commenced by a group of exploration entities against the Italian Republic, asserting claims for violation of the Energy Charter Treaty (ECT) (Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic, No. ARB/17/14, ICSID).



ICSID Registers Petroleum Firms' Arbitration Case Against Gambia
WASHINGTON, D.C. - A British petroleum company on Oct. 18 announced that an international arbitration center has registered its request for arbitration against the Republic of Gambia (African Petroleum Gambia Limited and APCL Gambia B.V. v. Republic of The Gambia, No. ARB/17/38, ICSID).



Flash Memory Product Maker Commences 3 ICC Arbitrations Against Toshiba
SAN JOSE, Calif. - A California company on Sept. 26 gave updates on three arbitration cases commenced by its subsidiary with the International Chamber of Commerce's International Court of Arbitration (ICC) against Toshiba Corp. in relation to disputes over flash-memory joint venture agreements and in which it seeks various injunctions prohibiting Toshiba from taking further actions.



Venezuelan Ministry Says Crystallex Cannot Obtain Trust Assets To Satisfy Award
NEW YORK - The Ministry of Defense of the Bolivarian Republic of Venezuela on Oct. 16 moved a New York federal court to dismiss a petition filed by a Canadian company that seeks to obtain payment from a trust held by a bank to satisfy a $1.2 billion arbitral award, arguing that the requested assets are immune from execution under the Foreign Sovereign Immunities Act (FSIA) (Crystallex International Corp. v. The Bank of New York Mellon, No. 1:17-cv-07024, S.D. N.Y.).



Baker Botts Opposes Yukos Investor's Motion For Reconsideration
WASHINGTON, D.C. - A District of Columbia federal judge on Oct. 10 issued a minute order granting a request by three investors to extend their time to reply to an opposition filed by a law firm to their motion for reconsideration of a decision that denied a request for discovery to be used in The Netherlands' appeal of a ruling that vacated $50 billion in arbitral awards issued against the Russian Federation (Hulley Enterprises Ltd., et al., v. Baker Botts LLP, No. 17-1466, D. D.C.).



LCIA Releases Updated Report, Finds Costs and Duration Remain Low
LONDON - The London Court of International Arbitration (LCIA) on Oct. 3 released its report on costs and duration analysis, reporting that its tribunal and administrative costs remain lower than other leading arbitral institutions.



ITLOS Appoints New Tribunal Members To Hear UNCLOS Cases
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Oct. 2 announced that it has appointed a new president, vice president and five new tribunal members.



Arbitration Partner Joins Lewis Baach Kaufmann Middlemiss In New York
NEW YORK - Lewis Baach Kaufmann Middlemiss on Oct. 17 announced that a new [ee]partner has joined the firm's New York office.



Herbert Smith Freehills Hires 2 International Arbitration Lawyers In Paris
PARIS - Herbert Smith Freehills on Oct. 6 announced that it has added a new partner and counsel to its international arbitration practice in Paris.



ICSID Grants Investors' Request To Lift Stay Of $379M Award
WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Aug. 31 lifted a provisional stay of a $379,802,267 award issued in favor of a group of resource companies, rejecting a request by the Republic of Ecuador to continue the stay pending the outcome of annulment proceedings (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).



Timor-Leste And Australia Reach Settlement Of Maritime Boundary Dispute
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Sept. 2 said Timor-Leste and Australia have reached a settlement of the primary issues in their maritime boundary dispute, which will remain confidential until the terms of the agreement are finalized (Arbitration under the Timor Sea Treaty [Timor-Leste v. Australia], No. 2013-16, PCA).



Centerra And Kyrgyz Reach Possible $60M Settlement Of Mining Claims
TORONTO - A Canadian gold mining company on Sept. 6 said it has reached a proposed settlement with the Kyrgyz Republic that would resolve all outstanding disputes related to a mining project, announcing that it will pay more than $60 million to resolve environmental and other claims related to the operation of the mine.



ITLOS Issues Award On Maritime Boundaries Between Ghana, Cote D'Ivoire
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Sept. 23 issued its final award in maritime boundary dispute between Ghana and Cote d'Ivoire, establishing specific coordinates for certain boundaries in the Atlantic Ocean and finding that Ghana did not violate the United Nations Convention on the Law of the Sea (UNCLOS) (Ghana v. Cote d'Ivoire, No. 23, ITLOS).



ICC Issues Confidential Award In Nokia Patent Dispute With LG Electronics
ESPOO, Finland - Nokia Technologies on Sept. 18 announced that an international arbitral tribunal has issued a confidential award, resolving a dispute with an electronics company over a smartphone patent license.



ICSID Rejects Zimbabwe's Applications, Orders Parties To Set Up Escrow Accounts
WASHINGTON, D.C. - A law firm representing the owners of farms that were expropriated by the Republic of Zimbabwe on Aug. 29 announced that committees for the International Centre for Settlement of Investment Disputes (ICSID) recently issued a decision denying a request made by Zimbabwe for provisional measures and for a temporary stay of the award (Bernard Von Pezold and others v. Republic of Zimbabwe, No. ARB/10/15, Border Timbers Limited, et al. v. Republic of Zimbabwe, No. ARB/10/15).



2nd Circuit Finds Carnival Employee Must Arbitrate Claims In The Philippines
NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 18 affirmed a ruling in which a district court found that a motorman who was injured while working aboard a vessel must arbitrate his claims against his employer in the Philippines pursuant to his employment contract (Rodrigo R. Pagaduan v. Carnival Corporation, et al., No. 16-465, 2nd Cir., 2017 U.S. App. LEXIS 17981).



5th Circuit Finds Korean Entity Could Attach Assets In Suit To Compel
NEW ORLEANS - After finding that a Korean company's attachment of pig iron was valid under Louisiana law, the Fifth Circuit U.S. Court of Appeals on Sept. 1 vacated a district court's decision dissolving the attachment in favor of a German company that had already attached the same assets in a Louisiana state court (Daewoo International Corp. v. Thyssenkrupp Mannex GmBH, intervenor, No. 16-30984, 5th Cir., 2017 U.S. App. LEXIS 16916).



Tribunal Formed To Hear Claims Over Mining Rights Asserted Against Colombia
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) was constituted Sept. 11 in an arbitration commenced by a precious metals exploration and development company against the Republic of Colombia (Eco Oro Minerals Corp. v. Republic of Colombia, No. ARB/16/41, ICSID).



Dow Seeks High Court Review Of Ruling Confirming $442M Award
WASHINGTON, D.C. - A company on Sept. 11 filed a petition for writ of certiorari with the U.S. Supreme Court in relation to the confirmation of a $442 million arbitration award issued against it in a dispute over patent infringement, asking the court to review whether a federal court must independently determine if enforcement of an award under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. 201 et seq., violates U.S. public policy (Dow Agrosciences LLC, et al. v. Bayer Cropscience NV, No. 17-372, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 3444).



Judge Refuses To Dismiss Brazilian Investor's Action Seeking Confirmation
FORT MYERS, Fla. - A Florida federal judge on Sept. 19 refused to dismiss a Brazilian entity's amended complaint in which it seeks to enforce a $14 million arbitral award, finding that the complaint was not barred by a three-year statute of limitations (Kozma Investmentos, Ltda. v. Edson Pereira Duda, et al., No. 2:17-cv-306, M.D. Fla., 2017 U.S. Dist., 2017 U.S. Dist. LEXIS 151781).



Greek Ministries File Arbitration Against Mining Firm Over Technical Study
VANCOUVER, British Columbia - A gold mining company on Sept. 14 announced that two Greek ministries have filed a formal notice of arbitration against it in Greece, asserting claims related to a technical study for a metallurgical plant.



Digital Company Files ICC Investment Arbitration Against Toshiba Corp.
SAN JOSE, Calif. - A California digital company on Sept. 20 announced that its subsidiaries have filed a notice of international arbitration against Toshiba Corp. in relation to flash-memory drive joint ventures.



Judge Stays Fraud Case Pending Outcome Of Hong Kong Arbitration
GRAND RAPIDS, Mich.- A Michigan federal judge on Aug. 28 stayed a case filed by investors, who alleged that they were fraudulently induced into investing their money in another company, finding that the dispute must be arbitrated under the agreement between the parties (Tierra Verde Escape LLC, et al. v. The Brittingham Group LLC, et al., No. 1:16-CV-100, W.D. Mich., 2017 U.S. Dist. LEXIS 137639).



ICC Says 1st Tribunals Have Been Constituted Under New Procedures
PARIS - The International Chamber of Commerce (ICC) on Sept. 6 announced that the first arbitral tribunals have been constituted as part of an expedited procedures provision of recently passed arbitration rules.



PCA Announces Signing Of Host Country Agreement With Brazil
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Aug. 30 announced that it has entered a cooperation agreement with Brazil, which will allow for PCA-administered cases to be heard there.



Insurer Seeks To Confirm Arbitration Award In Dispute With Bermuda Reinsurer
ATLANTA - Following arbitration of a dispute with a Bermuda reinsurer, an insurer on Aug. 4 filed a petition in a Georgia federal court seeking confirmation of a confidential arbitration award (TIG Insurance Co. v. Appalachian Reinsurance [Bermuda] Ltd., No. 17-02938, N.D. Ga.).



ICSID Chairman Appoints 20 Members To Arbitration And Conciliation Panels
WASHINGTON, D.C.- The International Centre for Settlement of Investment Disputes (ICSID) on Sept. 15 announced that its chairman has appointed 20 designees to ICSID's panels of arbitrators and conciliators.



Steptoe & Johnson Lawyer Appointed To ICSID Panel Of Arbitrators
WASHINGTON, D.C. - Steptoe & Johnson on Sept. 19 announced that one of its lawyers has been appointed to serve on the International Centre for Settlement of Investments Disputes (ICSID) panel of arbitrators.



ICSID Refuses To Dismiss Ecuador's Claims On Environmental Damage
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Aug. 24 issued its decision rejecting an application filed by a company that was previously found liable for causing environmental damage in the Republic of Ecuador when it conducted work in two Amazon regions, finding that it had already resolved the disputes regarding Ecuador's environmental counterclaims in another order (Perenco Ecuador Limited v. The Republic of Ecuador, No. ARB/08/6, ICSID).



ICSID To Continue Stay Of Enforcement Of Award For Indonesia
WASHINGTON, D.C. - An English mining company on Aug. 3 released an update on annulment proceedings filed by it currently pending before the International Centre for Settlement of Investment disputes (ICSID), noting that it has passed a resolution to give effect to a required security pledge and that the stay of the award will remain in place (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).



5th Circuit Finds Arbitrability Questions Must Be Decided By Arbitrators
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on Aug. 9 affirmed a decision in favor of Chevron USA Inc. and others to deny a motion to remand a company's claims for fraud, finding that the court did not err in finding that a confidentiality agreement's arbitration provision required that the question of arbitrability must be decided by arbitrators (Brittania-U Nigeria Limited v. Chevron USA, Inc., et al., No. 16-20690, 5th Cir., 2017 U.S. App. LEXIS 14692).



Singapore Judge Sets Aside PCA Award, Finds Lack Of Jurisdiction
SINGAPORE - After finding that an international tribunal lacked jurisdiction to issue an award in favor of investors and against the Kingdom of Lesotho in a dispute over mining leases, a Singapore judge on Aug. 14 granted Lesotho's application to set aside the award and ordered the parties to make further submissions on costs (Kingdom of Lesotho v Swissbourgh Diamond Mines [Pty] Limited and others, No. [2017] SGHC 195, Singapore High).



Belize Seeks High Court Review Of Ruling Confirming $18.4M Award
WASHINGTON, D.C. - The government of Belize on Aug. 8 filed a petition for writ of certiorari with the U.S. Supreme Court, challenging a recent ruling by the District of Columbia Circuit U.S. Court of Appeals that affirmed the enforcement of a $18,470,881 arbitral award issued in favor of a Belize bank (Government of Belize v. Belize Bank Limited, No. 17-252, U.S. Sup., 2017 U.S. Briefs 252; 2017 U.S. S. Ct. Briefs LEXIS 2902).



Spain And Investors Submit Arguments Over Ex Parte Confirmation
NEW YORK - The Kingdom of Spain on Aug. 18 filed its reply in the U.S. District Court for the Southern District of New York to two investors' arguments challenging its motion to vacate a petition to confirm a $146,079,996 international arbitration award issued in relation to investments in solar power projects, arguing that the court has jurisdiction only under the Foreign Sovereign Immunities Act of 1976 (FSIA) (Eiser Infrastructure, et al. v. Kingdom of Spain, No. 17-3808, S.D. N.Y.).



Federal Judge Orders Nigerian Petroleum Corp. To Produce Documents
NEW YORK - A New York federal judge on Aug. 7 ordered the Nigerian National Petroleum Corp. (NNPC) to produce certain documents in a case in which a Nigerian entity seeks to confirm a $1,779,000,000 arbitral award (Esso Exploration and Production Nigeria Limited et al v. Nigerian National Petroleum Corporation, No. 1:14-cv-08445, S.D. N.Y.).



Federal Judge Confirms $2.73 Million Award For Ultrasound Device Worker
SEATTLE - A Washington federal judge on Aug. 17 granted a motion filed by a maker of ultrasound devices and technology for confirmation of a final arbitral award, ordering a medical systems company to pay it $2,738,185 in fees and costs (Verasonics Inc. v. Alpinion Medical Systems Co., Ltd., No. 14-1820, W.D. Wash., 2017 U.S. Dist. LEXIS 76694).



Federal Judge Confirms Award In Maritime Employment Dispute
SEATTLE - A Washington federal judge on July 31 granted a motion filed by several fishing and marine companies to enforce a Philippines arbitral award, finding that a former deck hand agreed to the settlement of his claims and had notice of the arbitral proceedings and award (Michael D. Castro v. Tri Marine Fish Company LLC, et al., No. C17-8RSL, W.D. Wash., 2017 U.S. Dist. LEXIS 120037).



Russian Entity Seeks Confirmation Of $280,493 ICC Award In Federal Court
BOSTON - A Russian company on July 26 filed a petition to confirm an international arbitral award issued in its favor and against a Massachusetts company, seeking enforcement of the $280,493 award of damages in its favor (Nanoelectro Research and Production Co. v. Alphysica Inc., No. 1:17-cv-11378, D. Mass.).



Judge Finds Federal Court Has Jurisdiction Over Case Seeking To Enforce Award
FORT MYERS, Fla. - After finding that a Brazilian company's attempt to enforce a $14 million award falls within the scope of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and not Florida law, a Florida federal judge refused to remand the case to a state court (Kozma Investmentos, Ltda. v. Edson Pereira Duda, et al., No. 2:17-cv-306, M.D. Fla., 2017 U.S. Dist. LEXIS 117728).



Investment Firm Says It Is Entitled To $140M From ICSID Arbitral Award
NEW YORK - A global finance and investment firm on July 22 announced that it is entitled to about $140 million from a recent arbitral award issued by the International Centre for Settlement of Investment Disputes (ICSID) in a treaty dispute between two Spanish companies and the Argentine Republic.



PCA To Hold Jurisdiction Hearing In UNCITRAL Arbitration Against Canada
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Aug. 1 announced that it will soon hold a hearing on jurisdiction and admissibility in an arbitration commenced by a pulp and paper company against the government of Canada (Resolute Forest Products Inc. v. The Government of Canada, No. 2016-13, PCA).



PCA Opens Office To Administer Singapore And Asian Arbitrations
SINGAPORE - The Permanent Court of Arbitration (PCA) and the Singapore Ministry of Law on July 25 jointly announced that the PCA will open an office in Singapore to administer cases.



Singapore International Arbitration Centre Opens New Office In India
SINGAPORE - The Singapore International Arbitration Centre (SIAC) on Aug. 10 announced that it has opened a new office in India.