Preview: LexisNexis® Mealey's™ International Arbitration Legal News
LexisNexis® Mealey's™ International Arbitration Legal News
Headline International Arbitration Legal News from LexisNexis®
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.
Romanian Agency Reverses $13.7M Tax Assessment, Gabriel Resources Reports
WASHINGTON, D.C. - A Canadian resource company on Sept. 27 said the Romanian National Agency for Fiscal Administration (ANAF) has reversed a tax assessment in which it sought $13.7 million in value added tax and penalties and announced updates in a related arbitration currently pending before the International Centre for Settlement of Investment Disputes (ICSID) (Gabriel Resources Ltd. and Gabriel Resources [Jersey] v. Romania [ICSID Case No. ARB/15/31]).
Judge Rules In Favor Of Turkish Investor, Denies Judgment For Kyrgyz
NEW YORK - After finding that an international tribunal has jurisdiction over an investment dispute related to a hotel and that the U.S. District Court for the Southern District of New York was the appropriate venue for enforcement proceedings, a New York federal judge on Oct. 3 granted judgment for a Turkish investor, finding that a $11,528,563 award, including costs and interest, should be confirmed (Sistem Muhendislik Insaat Ve Ticaret, A.S. v. The Kyrgyz Republic, No. 12-CV-4502, S.D. N.Y.; 2016 U.S. Dist. LEXIS 136905).
ICSID Orders Tanzanian Bank To Pay $148 Million Under Purchase Agreement
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 19 released its decision in a dispute over loans, ordering that a Tanzanian bank pay a U.K. bank $148.4 million under a power purchase agreement (Standard Chartered Bank v. United Republic of Tanzania, No. ARB/10/12, ICSID).
ICSID Panel Rejects Venezuela's Attempt To Disqualify Arbitrator
WASHINGTON, D.C. - Two members of a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 3 released their decision to reject a third attempt by the Bolivarian Republic of Venezuela to disqualify an arbitrator, finding nothing to support a finding that he manifestly lacks the ability to be impartial in hearing the case (Fabrica De Vidrios Los Andres C.A., et al. v. Bolivarian Republic of Venezuela, No. ARB/12/21, ICSID).
ICSID Refuses To Annul Award Dismissing Claims Against Greece
WASHINGTON, D.C. - After finding no contradictory reasoning in an award that dismissed a Greek company and bank's investment-related claims against the Hellenic Republic for lack of jurisdiction, an ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 30 released a decision in which it refused to partially annul the award (Postova banka, a.s. and Istrokapital SE v. Hellenic Republic, No. ARB/13/8, ICSID).
ICSID Refuses To Supplement Award In Favor Of Turkmenistan
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICISD) on Oct. 4 denied a Turkish construction company's request for supplementation of an award in which the tribunal dismissed its claims, finding that the tribunal did not omit findings related to certain assets (In The Arbitration Proceeding Between Ickale Insaat Limited Sirketi and Turkmenistan, No. ARB/10/24, ICSID).
Parties Submit Arguments Disputing Confirmation Of $20M Award In High Court
WASHINGTON, D.C. - The government of Belize and two Belizean entities recently filed briefs in the U.S. Supreme Court, submitting arguments in relation to the enforcement of a $20,106,100 arbitral award issued in favor of the companies (Government of Belize v. BCB Holdings Limited, et al., No. 16-136, U.S. Sup.).
Federal Judge Confirms $46 Million Award Issued Against Republic Of Niger
WASHINGTON, D.C. - After finding that it had jurisdiction over a petition to confirm a $46,128,410 arbitral award that was issued in favor of a biometric and electronic passport maker, a District of Columbia federal judge on Sept. 27 confirmed the award and entered judgment against the Republic of Niger (Africard Co. Ltd. v. Republic of Niger, No. 16-00196, D. D.C.; 2016 U.S. Dist. LEXIS 132128).
Federal Judge Confirms $1.6M Award For Liberian Vessel Owner
SALT LAKE CITY - After a Utah-based charterer failed to respond to a Liberian vessel owner's petition to confirm a $1,669,221 arbitral award that was issued in London in its favor, a Utah federal judge on Sept. 27 found that the award must be confirmed under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Asphalt Trader Ltd. v. Taryn Capital Energy LLC, No. 1:16-cv-00054, D. Utah; 2016 U.S. Dist. LEXIS 132647).
Judge Stays Case Pending Appeal Of Ruling Setting Aside Yukos Awards
WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 30 granted a motion filed by investors in OAO Yukos Oil Co. to stay a petition to confirm, pending the outcome of their appeal of a Dutch court's order setting aside more than $50 billion in arbitral awards issued in their favor and against the Russian Federation (Hulley Enterprises Limited [Cyprus], et al., No. 1:14-cv-01996, D. D.C.).
Judge Rejected Argentina's Request To Set Aside $20M ICSID Award
WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 30 found that an international tribunal was not biased and did not exceed its authority when it issued a $20,957,809 arbitral award in favor of a United Kingdom company, denying an application filed by the Republic of Argentina to set aside the award and granting the company's cross-petition to confirm (The Republic of Argentina v. AWG Group Ltd., No. 1:15-cv-01057, D. D.C.).
PCA Commission Will Hear Maritime Boundary Dispute Commenced By Timor-Leste
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Sept. 26 said a commission appointed in a maritime boundary conciliation between the Democratic Republic of Timor-Leste and the Commonwealth of Australia has issued a decision that it has the authority to continue with hearing the case (Arbitration under the Timor Sea Treaty [Timor-Leste v. Australia], No. 2013-16, PCA).
Judge Finds Clause Is Enforceable, Compels Arbitration In South Africa
CHARLESTON, W.Va. - After finding that claims that arose in a dispute over a distribution agreement related to an underlying arbitration clause, a West Virginia federal judge on Oct. 4 granted a motion to compel arbitration of the case in South Africa (Shilmann Rocbit LLC v. American Blasting Consumables Inc., No. 2:16-cv-06745, S.D. W.Va.; 2016 U.S. Dist. LEXIS 137412).
Cocoa Trading House Appeals Order Vacating $2.6M Award To 2nd Circuit
NEW YORK - A New Jersey cocoa trading house on Oct. 14 filed a notice of appeal with the Second Circuit U.S. Court of Appeals, seeking to appeal an order granting a petition to vacate a $2,606,626 arbitral award issued against a cooperative made up of Peruvian farmers (Cooperativa Agraria Industrial Naranjillo Ltda. V. Transmar Commodity Group Ltd., No. 16-3356, S.D. N.Y.; 2016 U.S. Dist. LEXIS 129969).
ICSID Arbitral Tribunals And The Direct Referrals To The Court Of Justice Of The European Union
By Anamaria Toma-Bianov I. Introduction Despite the fact that questions regarding the interpretation and application of the EU law arise frequently in arbitration proceedings, the Court of Justice of the European Union proved to be extremely selective in admitting a reference for preliminary ruling submitted by an arbitral tribunal. Two recent preliminary rulings of the Court of Justice in Merck Canada1 and Ascendi2 reopened the debates over the construal of the concept "court[s] or tribunal[s] of a Member State" within the wording of Article 267 of the Treaty on the Functioning of the European Union (TFEU).
Should The Uplift Element Of Third Party Funding Be Recoverable In International Arbitration: Whose Risk Is It Anyway?
By James Freeman and Louise Fisher I. The Underlying Arbitration In the recent case of Essar Oilfields Services Limited v. Norscot Management Pvt Limited  EWHC 2361 (Comm), 15 September 2016 (Essar v Norscot), the Commercial Court held that it is within an arbitral tribunal's discretion to award a claimant not only the advance received from a third-party funder to cover the costs of the arbitration, but also the uplift payable by the claimant to the third-party funder in the event of success.