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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.
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.).
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).
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.).
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
ICSID Partially Grants Annulment For Venezuela, Affirms $36M Damages Ruling
WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 28 released its decision on an application for annulment of an award issued in favor of several marine transportation services entities, annulling a portion of the award in which the tribunal failed to state its reasons on an estimation in the value of a business, but affirmed a $36.3 million award of damages (Tidewater Inc., et al. v. The Bolivarian Republic of Venezuela, No. ARB/10/5, ICSID).
ICSID Refuses To Reconsider Finding That Venezuela Breached Treaty
WASHINGTON, D.C.- A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 18 released a decision in which it denied the third request of the Bolivarian Republic of Venezuela for reconsideration of a decision that it breached a bilateral investment treaty (BIT) when it expropriated an investment by a group of companies in oil projects (ConocoPhillips Petrozuata B.V., et al. v. Bolivarian Republic of Venezuela, No. ARB/07/30, ICSID).
ICSID Chairman Rejects Mining Company's Request To Disqualify Entire Tribunal
WASHINGTON, D.C. - The chairman for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 6 rejected a proposal filed by a Guernsey mining company to disqualify an entire arbitral tribunal constituted to hear claims against the Republic of Guinea, finding no manifest lack of impartiality (BSG Resources Limited, BSG Resources [Guinea] Limited and BSG Resources]Guinea] SARL v. Republic of Guinea, No. ARB/14/22, ICSID).
ICSID Adopts Settlement Resolving Bondholders' Arbitration Against Argentina
WASHINGTON, D.C.- A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 29 released its consent award adopting a settlement agreement resolving all claims asserted by thousands of Italian bondholders related to defaulted bonds and the Argentine Republic (Abaclat and others v. The Argentine Republic, No. ARB/07/05, ICSID).
Federal Judge Confirms $52M ICC Award Against Hellenic Republic
WASHINGTON, D.C.- After a recent decision by the Supreme Court of Hellenic Republic to set aside an annulment of an international arbitral award issued in favor of a technology development company, a District of Columbia federal judge on Jan. 5 granted a petition to confirm the $52,087,465.69 award against the republic (Science Applications International Corp. v. The Hellenic Republic, No. 1:13-cv-01070, D. D.C.).
2nd Circuit Vacates Decision Refusing To Enforce $48M ICC Award
NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 18 vacated a district court's decision to refuse enforcement of a $48 million arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration, finding that a group of Brazilian companies was not required to first attempt to confirm the award before seeking enforcement (CBF Industria de Gusa S/A, et al. v. AMCI Holdings Inc., No. 15-1133, 15-1146, 2nd Cir.; 2017 U.S. App. LEXIS 899).
U.S. Supreme Court Refuses To Hear Challenge To Confirmation Of $20M Award
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 denied a petition for review submitted by the government of Belize for review of a district court's ruling to enforce a $20,106,100 arbitral award that was issued in favor of two Belizean entities (Government of Belize v. BCB Holdings Limited, et al., No. 16-136, U.S. Sup.).
D.C. Circuit Dismisses Nigeria's Appeal Of $11.2 Million ICC Award
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Dec. 27 affirmed a district court's decision to confirm a $11.2 million arbitral award issued by the International Chamber of Commerce (ICC) International Court of Arbitration in favor of a power company, finding that the Federal Republic of Nigeria failed to show that confirmation of the award was not manifestly unjust (Enron Nigeria Power Holding Ltd. v. Federal Republic of Nigeria, No. 15-7121, D.C. Cir.; 2016 U.S. App. LEXIS 23276).
Judge Confirms $1.3M Award For Solar Panel Maker, Refuses To Vacate
NEW YORK- A New York federal judge on Jan. 17 refused to vacate a $1,305,131 arbitral award issued in favor of a maker of solar panels, finding that the award was not ambiguous and that the tribunal did not act in bad faith (Trina Solar US, Inc. v. JRC Services LLC, et al., No. 16-CV-2869, S.D. N.Y.; 2017 U.S. Dist. LEXIS 6134).
High Court Denies Belize's Petition For Review Of Order Confirming Award
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 denied a petition filed by the government of Belize for review of a court's decision to deny dismissal of a petition to confirm an arbitration award based on forum non conveniens grounds and confirming the award after rejecting its public policy argument (Government of Belize v. Belize Social Development Limited, No. 15-830, U.S. Sup.).
PCA Holds Hearing On Jurisdiction, Announces Russia Did Not Participate
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Jan. 13 issued various updates in an arbitration commenced by numerous real estate entities against the Russian Federation in relation to an alleged real estate investment in Crimea, announcing that the Russian Federation did not participate in a recent hearing on jurisdiction and admissibility (Everest Estate LLC, et al. v. The Russian Federation, No. 2015-36, PCA).
Federal Judge Refuses General Electric's Request For ICC Arbitration
NEW YORK - A New York federal judge on Jan. 10 refused to compel arbitration before the International Chamber of Commerce (ICC) International Court of Arbitration of a dispute over the purchase of a rail-signaling business, finding that the terms of the agreement require that the case be determined by an independent accounting firm (IAF) (Alstom, et al. v. General Electric Company, No. 16-CV-3568, S.D. N.Y.; 2017 U.S. Dist. LEXIS 3188).
Company Argues For Rejection Of Czech Republic Ministry's Petition In High Court
WASHINGTON, D.C. - A Liechtenstein corporation on Jan. 11 filed its response to a petition for review in the U.S. Supreme Court filed by the Czech Republic Ministry of Health of an appeals court decision that reversed the denial of a petition to confirm a $325 million arbitral award, arguing that the petitioner failed to submit any compelling reasons to support review of the ruling (The Czech Republic-Ministry of Health v. Diag Human S.E., No. 16-620, U.S. Sup.; 2017 U.S. S. Ct. Briefs LEXIS 94).
Reinsurers Say They Do Not Oppose Petition To Confirm Arbitration Award
NEW YORK - A group of London-based reinsurers told a federal court in New York on Jan. 9 that they do not oppose a reinsured's motion to confirm an asbestos related arbitration award (OneBeacon Insurance Company v. Certain Underwriters at Lloyd's London, No. 16-cv-09908, S.D. N.Y.).
Reinsureds Say Federal Court Holds Jurisdiction Over Individual Defendants
ATLANTA - Two reinsured insurers suing their reinsurer and others to recover alleged reinsurance obligations told a federal court in Georgia on Jan. 3 that four nonresident defendants have sufficient ties to Georgia to give the federal court jurisdiction over them (Canal Insurance Company, et al. v. Golden Isles Reinsurance Company, Ltd, et al., No. 15-cv-3331, N.D. Ga.).
Issues With Enforcement Of Foreign Arbitral Awards In The US
By Luke McCosker Foreign arbitral awards issued in a Convention State will generally be enforced in the US. A number of grounds for non-recognition exist, which permit the US courts to refuse such enforcement. Generally, however, if the party seeking enforcement meets all the requirements and shows that none of the grounds for non-recognition exist, then the US courts are required to recognize and enforce any duly authenticated foreign arbitral award.
Astro v. Lippo: Hong Kong Court Clarifies The Discretion Found In Article V Of The New York Convention, But Holds Firm On Time Limits
By Chiann Bao I. Introduction On 5 December 2016, the Hong Kong Court of Appeal ("the Hong Kong CA") issued its decision in the long-running Astro vs. Lippo dispute, allowing the enforcement in Hong Kong of arbitration awards that the Singapore Court of Appeal ("the Singapore CA") had refused to enforce.1 Although the Hong Kong CA overturned one aspect of the decision made by the lower court (the finding that there had been a breach of the good faith principle), the Hong Kong CA dismissed First Media's appeal. Fatal to First Media's case was the inexcusable delay which had occurred before First Media had applied to set aside the enforcement order originally made in Hong Kong.
Revolution In The Costs Recovery Regime In Arbitration
By Jeremy Walton and Anna Snead The advantages of arbitration over litigation in court have long been mooted. To name but a few: neutrality, by allowing parties to choose a neutral forum in which to settle their dispute; flexibility, by allowing parties to choose suitable procedural rules for resolving their disputes; certainty, since a well drafted arbitration agreement reduces the risk of satellite jurisdictional disputes and endless appeals; and the ease of enforcement around the world, largely thanks to the widespread adoption of the UNCITRAL Model Law. The recent English decision of Essar Oilfields Services Ltd v Norscot Rig Management Pvt Ltd EWHC 2361 appears to introduce a new and important advantage of arbitration over court litigation: the recovery of third party funding costs against the unsuccessful party. In this article, the writers consider the impact of this decision from a Cayman perspective, in particular whether arbitration is likely to become a more attractive mode of dispute resolution than court litigation because of its more flexible approach to costs. Essar Oilfields Services Ltd v Norscot Rig Management Pvt Ltd
ICSID Grants Dismissal For Indonesia, Orders Mining Company To Pay $9.4M
WASHINGTON, D.C. - An English mining company on Dec. 7 announced that a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) has granted an application filed by the Republic of Indonesia to dismiss arbitration claims asserted against it related to the revocation of mining licenses and has ordered it to pay $9.4 million in costs and fees (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
ICSID Allows NAFTA Claims Over Loans To Proceed Against Mexico
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 12 dismissed an objection filed by the United Mexican States to an arbitration filed against it by a lender, finding that questions regarding whether certain promissory notes and mortgages were investments under the North American Free Trade Agreement (NAFTA) required more review (Lion Mexico Consolidated L.P. v. United Mexican States, No. ARB[AF]/15/12, ICSID).
ICSID Issues Award Against Hungary On Claims Related To Meal Vouchers
WASHINGTON, D.C. - A French social benefit company on Dec. 16 said a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) has awarded it 23 million euros in a dispute with Hungary over a meal voucher program (Edenred S.A. v. Hungary, No. ARB/13/12, ICSID).
ICSID Issues Decision Granting Shipping Company's Request For Interest
PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 13 issued its ruling granting a request by a shipping company and others to amend an award in an arbitration with the Republic of Guinea to account for interest (Getma International and others v. Republic of Guinea, No. ARB/11/29, ICSID).
Committee Refuses To Annul $39M Award For SAUR International
WASHINGTON, D.C. - An ad hoc committee of the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 19 released its decision refusing to annul a $39 million award plus interest that was issued in favor of a French company against the Argentine Republic in relation to its investment in a water and sewage concession (SAUR International v. Argentine Republic, No. ARB/04/4, ICSID).
ICSID Releases Order On Hearings In Costa Rican Development Arbitration
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 28 released a fifth procedural order in relation to the organization of upcoming hearings in an arbitration commenced by investors in a residential development project against the Republic of Costa Rica (David R. Aven, et al. v. The Republic of Costa Rica, No. UNCT/15/3, ICSID).
ICSID Issues 1st Order In Treaty Dispute Over Mining Project Filed Against Romania
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 29 issued its first procedural order in an arbitration brought by a Canadian resource company against Romania over a gold and silver project, establishing the procedural rules of the case (Gabriel Resources Ltd. and Gabriel Resources [Jersey] v. Romania, No. ARB/15/31, ICSID).
United States Argues Court Should Deny Belize's Petition For Review
WASHINGTON, D.C. - The United States in a Dec. 7 amicus curiae brief argues that the U.S. Supreme Court should refuse to hear a petition for certiorari filed by the government of Belize for review of a decision related to the enforcement of a $20,106,100 arbitral award that was issued in favor of two Belizean entities (Government of Belize v. BCB Holdings Limited, et al., No. 16-136, U.S. Sup.).
3rd Circuit Affirms Confirmation Of Award For Solazyme Inc.
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Dec. 20 affirmed a district court's confirmation of an arbitral award that granted a California corporation the rights to intellectual property and patent applications for the development of microalga products, finding that an arbitral panel did not exceed its authority when issuing the award (Roquette Freres S.A. v. Solazyme Inc., Nos. 15-4030 and 16-1308, 3rd Cir.).
English Court Rejects Appeal Of Order Enforcing $72M London Award
LONDON - An England and Wales court on Dec. 19 rejected the appeal of an investor in a Moscow real estate project of a judgment enforcing a $72,243,000 arbitral award issued in favor of another investor by the London Court of International Arbitration (LCIA), finding that the judge did not err in his interpretation that an underlying arbitration clause existed (Ashot Yegiazaryan v. Vitaly Ivonovich Smagin, No.  EWCA Civ 1290, England and Wales App.).
Federal Judge Refuses To Vacate Award For Hong Kong Shipping Company
NEW YORK - A New York federal judge on Dec. 9 refused a Hong Kong commodity company's petition to vacate an arbitral award that was issued in favor of a Hong Kong seller of coking coal, finding that an arbitral panel did not exceed its authority in finding that the company wrongfully terminated an underlying contract for shipment (In the Matter of the Arbitration Between Kailuan [Hong Kong] International Co., Ltd. v. Sino East Minerals Ltd., No. 16-2160, S.D. N.Y.; 2016 U.S. Dist. LEXIS 170821).
Judge Refuses To Dismiss Case Seeking To Vacate Award For Carnival
MIAMI - After finding that there was no remedy for a cruise line worker's claim for negligence under Panamanian law and that the court had jurisdiction over an action to vacate an arbitral award issued in Monaco, a Florida federal judge on Nov. 28 denied the cruise line's motion to dismiss the case (Sladjana Cvoro v. Carnival Corp., d/b/a Carnival Cruise Lines, No. 16-21559, S.D. Fla.; 2016 U.S. Dist. LEXIS 164423).
Federal Judge Finds Seaman's Claims Related To Arbitration Provision
LAKE CHARLES, La. - A Louisiana federal judge on Nov. 30 adopted a report and recommendation that found that a ship employee's injury-related claims were subject to an arbitration agreement in his employment contract and refusing to remand the case to a state court (Ali Imam Shah v. Blue Wake Shipping, No. 2:16 -CV-00529, W.D. La.; 2016 U.S. Dist. LEXIS 165561).
Reinsurer Wants Agreement Terminated And International Arbitration Stayed
NEW YORK - A German reinsurer argues in a Nov. 22 amended complaint in a federal court in New York that a reinsurance agreement should be rescinded over the alleged lack of mutual assent regarding the underlying insurance policy (HDI Global SE v. Lexington Insurance Company, No. 16-cv-07241, S.D. N.Y.).