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LexisNexis® Mealey's™ International Arbitration Legal News
Headline International Arbitration Legal News from LexisNexis®
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.).
ICSID Refuses To Reconsider Decision Ordering Immediate $25M Payment
WASHINGTON, D.C. - Tribunal members for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 14 released a decision refusing to reconsider a recent order in which a Bangladesh oil and gas company was ordered to immediately pay a $25,312,747 arbitration award, plus 139,988,337 Bangladesh Taka and interest (Niko Resources [Bangladesh] Ltd. v. People's Republic of Bangladesh, et al., Nos. ARB/10/11 and ARB/10/18, ICSID).
ITLOS Will Hear Panama's Case Against Italy For Vessel Seizure
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Nov. 4 found that it has jurisdiction over a case commenced by Panama against Italy in relation to the alleged unlawful detention of a vessel, finding that all of Panama's claims are admissible (The MV "Norstar" Case [Panama v. Italy], No. 25, ITLOS).
ICSID Releases Award, Finds It Lacks Jurisdiction Over CAFTA Claims
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Oct. 26 released an interim award on jurisdiction in an arbitration commenced by investors, who allege that the Republic of Costa Rica expropriated their investment in luxury beachfront property, finding that it lacks jurisdiction to hear claims related to many of the allegedly affected lots of land (Spence International Investments et al. v. Republic of Costa Rica, No. UNCT/13/2, ICSID).
ICSID Orders Renco And Peru To Pay Costs Of Treaty Arbitration
PARIS - After issuing a recent award in which it found that Renco Group Inc. failed to show that the Republic of Peru had agreed to arbitrate disputes under a treaty, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 11 released an award in which it ordered the parties to pay their owns costs of the case and half of ICSID's expenses (The Renco Group, Inc. v. Republic of Peru, No. [UNCT/13/1], ICSID).
2nd Circuit Refuses To Rehear Appeal Of Order Confirming $400M Award
NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 1 refused to reconsider its previous decision to affirm a district court's order confirming a $400 million arbitral award issued in favor of a Mexican corporation in a dispute over underlying contracts for the construction of offshore platforms (Corporacion Mexicana De Mantenimiento Intergral, S. De R.L. De C.V. v. Pemex-Exploracion Y, No. 13-4022, 2nd Cir.).
2nd Circuit Affirms Confirmation Of ICC Award For ConocoPhillips
NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 7 affirmed a district court's decision to deny a petition to vacate an award filed by two subsidiaries of a Venezuela oil company and granting a cross-petition to confirm the award filed by ConocoPhillips Co., finding that the appellants failed to present any evidence that the award violated public policy (PDV Sweeny, Inc., et al. v. ConocoPhillips Co., et al., No. 16-170, 2nd Cir.).
9th Circuit Affirms Confirmation Of Award For Breach Of Breeding Contracts
LOS ANGELES - After finding that enforcement of an arbitral award issued in Ireland was appropriate, the Ninth Circuit U.S. Court of Appeals on Nov. 14 affirmed a district court's confirmation of an award in relation to a breach of contracts for horse breeding (Linley Investments, et al. v. Jerry Jamgotchian, No. 14-56437, 9th Cir.; 2016 U.S. App. LEXIS 20431).
Justice Enforces $74M Award Issued In Pipeline Dispute For ConocoPhillips
LONDON - An England and Wales justice on Nov. 10 granted an application filed by two gas companies to enforce a $74 million arbitration award that was issued in their favor by a tribunal in Singapore, rejecting an Indonesian entity's application to set aside the award under English arbitration law (PT Transportasi Gas Indonesia V. ConocoPhillips [Grissik] Ltd PetroChina International Jabung Ltd., No.  EWHC 2834 [Comm], England and Wales High, Comm.).
Justice Finds Vessel Owner Was Not Entitled To Damages, Affirms Award
LONDON - An English justice on Nov. 17 rejected an appeal of an award filed by the purchaser of a vessel that suffered engine failure, refusing to set aside a decision that the builder of the ship was liable only to make repairs or to pay for the cost of replacement or repair of physical damage (Star Polaris LLC v. HHIC-PHIL Inc., No.  EWHC 2941 [Comm], England and Wales High, Comm.).
Judge Confirms $3.2M Award, Finds Company Cannot Withhold Taxes
NEW YORK - A New York federal judge on Nov. 3 granted an English company's petition to confirm a $3.2 million arbitral award plus interest issued in its favor in relation to a patent license agreement dispute, finding that the respondent was not entitled to deduct amounts from the award to satisfy Taiwanese tax laws (Mondis Technology Ltd. v. Wistron Corporation, No. 15-CV-02340, S.D. N.Y.; 2016 U.S. Dist. LEXIS 152785).
Czech Ministry Seeks High Court Review Of D.C. Circuit Ruling Enforcing Award
WASHINGTON, D.C. - The Czech Republic Ministry of Health on Nov. 4 filed a petition for writ of certiorari in the U.S. Supreme Court, seeking review of an appeals court ruling that reversed a decision to grant a petition to confirm a $325 million arbitral award (The Czech Republic-Ministry of Health v. Diag Human S.E., No. 16-620, U.S. Sup.; 2016 U.S. S. Ct. Briefs LEXIS 4060).
Judge Dismisses Case Filed Over Iraqi Facility Project For Lack Of Standing
NEW YORK - A New York federal judge on Nov. 14 found that the owner of an Iraqi company that was contracted to build a vehicle maintenance facility in Iraq failed to show that he had standing to sue the International Centre for Dispute Resolution (ICDR) and a company in relation to an arbitral award dismissing his claims (Wameedh Al Azzawi v. International Centre for Dispute Resolution, et al., No. 16-548, S.D. N.Y.; 2016 U.S. Dist. LEXIS 157712).
ICSID To Hold Merits Hearing In Treaty Dispute Filed Against Estonia
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 4 said a hearing on jurisdiction and the merits in an international treaty arbitration brought by investors against the Republic of Estonia will begin next week (United Utilities (Tallinn) B.V., et al. v. Republic of Estonia, No. ARB/14/24, ICSID).
Panel: It Is Up To Arbitrators To Decide If Reinsurance Row Is Arbitrable
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Oct. 25 vacated a lower court ruling that a reinsurance arbitration clause was unenforceable (S. Jersey Sanitation Company, Inc. v. Applied Underwriters Captive Risk Assurance Company, Inc., No. 14-4010, 3rd Cir.; 2016 U.S. App. LEXIS 19245).
The Arbitrability Of State Disputes Under Brazilian Law
By Gustavo Fernandes de Andrade and Allison M. Stowell The 2015 Amendments to Brazil's Arbitration Law definitively settled a question that had long been percolating: whether the Brazilian state and state entities could enter into enforceable arbitration agreements. The answer, a resounding yes, is not a change in direction, but rather reflects the organic development of arbitration with state entities alongside Brazil's explosive growth of commercial arbitration over the past twenty years. The growth of both private and state arbitration is rooted in Brazil's Arbitration Law, passed in 1996. That law begins, "people capable of entering into contracts may use arbitration to resolve conflicts regarding disposable patrimonial rights."1 Disposable patrimonial rights are rights that can be alienated or assigned, and have an economic or pecuniary nature-in essence, they can be transferred to third parties and reduced to monetary amounts.