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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 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.



Tribunal Orders Argentina To Pay Investors $324M For Airline Expropriation
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 24 released its majority award in a treaty dispute over the expropriation of two airlines in the Argentine Republic, ordering Argentina to pay two investors $324,254,807 in damages and costs, plus interest (Teinver S.A., Transportes de Cercanias S.A. and Autobuses Urbanos del Sur S.A. and the Argentine Republic, No. ARB/09/1, ICSID).



PCA Orders Russia To Pay $6.2M For Violations Of U.N. Convention
THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on July 18 announced that it has issued an award on compensation in an arbitration commenced by the Netherlands against the Russian Federation in relation to the unauthorized seizure of a vessel, ordering Russia to pay the Netherlands $6,213,797 in damages (The Netherlands v. Russia, No. 2014-02, PCA).



PCA Outlines Boundaries Between Croatia And Slovenia In Final Award
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on June 29 issued its final award in an arbitration between the Republic of Croatia and the Republic of Slovenia, establishing certain land and maritime boundaries between the two (Republic of Croatia v. the Republic of Slovenia, No. 2012-04, PCA).



ICSID Stays Enforcement Of Award After Mining Firm Agrees To Post Security
WASHINGTON, D.C. - In exchange for a security pledge, an English mining company on June 28 said an ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) has agreed to stay the enforcement of an award that dismissed an arbitration in favor of the Republic of Indonesia, pending the completion of an annulment proceeding (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).



Centerra Says PCA Has Issued Interim Order In Arbitration With Kyrgyz
TORONTO, Ontario - A Canadian gold mining company on July 19 announced that an arbitrator with the Permanent Court of Arbitration (PCA) has issued an interim order in its case against the Kyrgyz Republic over a mining project.



ICSID Orders Expert Reports And Witness Statements To Remain Confidential
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 12 released an order in a dispute filed by a Canadian mining company against Romania, ordering that witness statements and expert reports remain confidential unless otherwise agreed to by the parties (Gabriel Resources Ltd. and Gabriel Resources [Jersey] v. Romania, No. ARB/15/31, ICSID).



2nd Circuit Reverses Denial Of Venezuela's Request To Vacate, Finds FSIA Governs
NEW YORK - After finding that the Foreign Sovereign Immunities Act (FSIA) provides the sole basis for federal court jurisdiction over foreign sovereigns in cases seeking to enforce certain international arbitral awards, the Second Circuit U.S. Court of Appeals on July 11 reversed a decision denying the Bolivarian Republic of Venezuela's motion to vacate a ruling confirming an award issued in favor of several ExxonMobil entities (Mobil Cerro Negro Ltd., et al. v. Bolivarian Republic of Venezuela, No. 15-707, 2nd Cir., 2017 U.S. App. LEXIS 12354).



D.C. Circuit Affirms Court's Decision Refusing To Enforce Annulled Award
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on July 7 affirmed a district court's decision refusing to confirm an approximately $43.5 million award that was annulled by an international arbitration court, finding that the arbitration court's setting of fees did not violate public policy under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Getma International v. Republic of Guinea, No. 16-7087, D.C. Cir., 2017 U.S. App. LEXIS 12138).



2nd Circuit Upholds Decision To Vacate $57M Malaysian Arbitral Award
NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 20 affirmed a district court's decision to vacate its previous order confirming a $57 million arbitral award issued against the Government of The Lao People's Democratic Republic, finding that the lower court did not err when it gave priority to a Malaysian court ruling to annul the award (Thai-Lao Lignite [Thailand] Co. Ltd., et al. v. Government of The Lao People's Democratic Republic, Nos. 14-597, 14-1052, 14-1497, 2nd Cir., 2017 U.S. App. LEXIS 13065).



Spain Moves To Vacate Judgment Confirming $146M ICSID Award
NEW YORK - The Kingdom of Spain on June 28 moved to vacate a judgment granting an ex parte petition to confirm a $146,079,996 international arbitration award issued in favor of two investors in solar power projects, arguing that a New York federal court lacked jurisdiction under the Foreign Sovereign Immunities Act of 1976 (FSIA) (Eiser Infrastructure, et al. v. Kingdom of Spain, No. 17-3808, S.D. N.Y.).



Summons Issued On Supplement Seller's Petition To Confirm Chinese Award
CENTRAL ISLIP, N.Y. - A summons was issued on July 13 to a New York entity in relation to a Chinese company's recently filed petition to confirm a $575,922 arbitral award issued in its favor by a Chinese tribunal (Tianjin Port Free Trade Zone: International Trade Service Co., Ltd. v. Tiancheng Chempharm Inc. USA, No. 17-cv-4130, E.D. N.Y.).



11th Circuit Finds Questions Of Venue Must Be Determined By Arbitrator
ATLANTA - The 11th Circuit U.S. Court of Appeals on July 17 affirmed a district court's ruling to confirm an arbitral award issued in favor of a U.S. development company, finding that questions of arbitral venue are for an arbitrator to decide (Bamberger Rosenheim Ltd. v. OA Development Inc., No. 16-16163, 11th Cir., 2017 U.S. App. LEXIS 12729).



9th Circuit Vacates Ruling Enjoining Insurers From Pursuing ICC Case
PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on July 10 vacated a district court's decision enjoining two surety companies from participating in an international arbitration case, vacating a trial court's ruling enjoining them from pursuing their claims related to a guarantee (Portland General Electric Co. v. Liberty Mutual Insurance Co., et al., No. 16-35628, 9th Cir., 2017 U.S. App. LEXIS 12267).



ICSID To Hold Merits, Jurisdiction Hearing On NAFTA Claims Against Canada
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 10 announced that it will soon hold a hearing on jurisdiction and the merits in an arbitration in which an investor asserts violations of the North American Free Trade Agreement (NAFTA) against Canada (Mobil Investments Canada Inc. v. Canada, No. ARB/15/6, ICSID).



London Mining Firm Files Notices Of Arbitration On Tanzania
LONDON - A mining company on July 4 announced that it has served the government of Tanzania with notices of arbitration related to two mining operations.



Judge Finds Parties Must Arbitrate Claims Over Laos Gaming Operations
WILMINGTON, Del. - Based on a theory of estoppel, a Delaware federal judge on July 12 found that the owners of gaming assets in the Lao People's Democratic Republic are required to arbitrate their claims in Singapore for breach of fiduciary duty and contract against nonsignatories to an underlying deed, granting a motion to dismiss the case (Sanum Investment Limited, et al. v. San Marco Capital Partners, et al., No. 16-320, D. Del., 2017 U.S. Dist. LEXIS 107365).



Reinsurer Declines To Oppose Insured's Motion To Intervene In Dispute Over $5M Claim
NEW YORK - A Brazilian reinsurer told a New York federal court on July 14 that it will not oppose a steel maker's request to intervene in an insurer's lawsuit seeking to require the reinsurer to cover a $5 million settlement with the insured under an arbitration award (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).



Federal Bankruptcy Judge Strikes Foreign Specialty Reinsurer's $15M Bond
NEW YORK - A foreign specialty reinsurer must post a new $15 million bond as part of its attempt to arbitrate a coverage dispute in Bermuda, a New York federal bankruptcy judge ruled July 17, granting a defunct brokerage company's motion to strike the current bond as defective (In re: MF Global Holdings Ltd., et al., MF Global Holdings Ltd. as plan administrator, and MF Global Assigned Assets LLC v. Allied World Assurance Company Ltd., et al., Chapter 11 No. 11-15059, Adv. Proc. No. 16-01251, S.D. N.Y. Bkcy.).



ICSID Rejects BIT Claims Against Algeria Over Telephone System Project
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 31 dismissed all of the claims asserted by an investment company against the People's Democratic Republic of Algeria, finding that it could not assert claims against Algeria that were already resolved in a settlement agreement that was entered into by its subsidiary (Orascom TMT Investments S.a r.l. v. People's Democratic Republic of Algeria, No. ARB/12/35, ICSID).



PCA To Issue Final Award In Dispute Between Croatia And Slovenia
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on June 19 announced that it will issue its final award in a maritime arbitration pending between the Republic of Croatia and the Republic of Slovenia later this month (Republic of Croatia v. the Republic of Slovenia, No. 2012-04, PCA).



ICSID Grants Mexico's Request To Bifurcate Investment Issue From Merits
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 30 partially granted a request by the United Mexican States to bifurcate the issue of whether a Canadian company made an investment in Mexico under the North American Free Trade Agreement (NAFTA) from the merits of the case (Lion Mexico Consolidated L.P. v. United Mexican States, No. ARB[AF]/15/2, ICSID).



D.C. Circuit Refuses To Rehear Appeal Of Order Confirming $18.4M Award
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on June 7 denied a petition filed by the government of Belize for rehearing of a decision in which the court rejected its appeal of an order confirming a $18,470,881 award issued in favor of a Belize bank (Belize Bank Limited v. Government of Belize, Nos. 16-7083 Consolidated with 16-7089, 16-7094, D.C. Cir., 2017 U.S. App. LEXIS 5587).



U.S. Supreme Court Refuses To Hear Lago Agrio $18.5 Billion Fraud Case
WASHINGTON, D.C. - The U.S. Supreme Court on June 19 refused to hear the appeal of a group of Ecuadorian residents and their attorney, who challenged a fraud ruling with regard to an $18.5 billion judgment they previously won against Chevron Corp. for injuries they had alleged were caused by the company's oil field operations in Ecuador (Steven Donziger, et al. v. Chevron Corporation, No. 16-1178, U.S. Sup.).



D.C. Federal Judge Confirms $8.4M Award For Afghan Construction Firm
WASHINGTON, D.C. - A District of Columbia federal judge on May 31 granted a [ee]construction company's petition to confirm an $8,462,516 arbitral award issued in its favor in relation to payment for subcontracting work on the construction of a power plant in Kabul, finding that the primary contractor on the project failed to show that a public policy exception under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards applied (Venco Imtiaz Construction Co. v. Symbion Power LLC, No. 16-1737, D. D.C., 2017 U.S. Dist. LEXIS 82480).



Judge Confirms $1.2M ICC Award For Albanian Telecommunications Company
NEW YORK - A New York federal judge on May 30 granted a petition to confirm a $1,220,790 international arbitral award issued in a dispute over a telecommunications agreement, finding that an award that was agreed on by the parties was still binding under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Albtelecom SH.A. v. Unifi Communications Inc., No. 16-9001, S.D. N.Y., 2017 U.S. Dist. LEXIS 82154).



Federal Judge Confirms PCA Award Against Cabo Verde, Enters Default
WASHINGTON, D.C. - A District of Columbia federal judge on June 13 entered a default ruling against the Republic of Cabo Verde and granted a finance company's petition to confirm a $190,098.12 award against it, finding that Cabo Verde failed to respond to the petition or present any arguments as to why the award should not be enforced (Sterling Merchant Finance Ltd. v. Republic of Cabo Verde, No. 16-1285, D. D.C., 2017 U.S. Dist. LEXIS 90434).



Federal Judge Enters Default, Confirms $2.1M Award For ING Bank
SEATTLE - After a fuel bunker trader failed to respond to a bank's petition to confirm a London arbitral award issued in its favor, a Washington federal judge on June 15 entered a default ruling for the bank and ordered the trader to pay it $2,103,750 (ING Bank, N.V. v. Express Pacific LLC, No. 17-0336, W.D. Wash., 2017 U.S. Dist. LEXIS 92464).



Venezuela Requests Stay Of Enforcement Of $1.2B Award Pending Appeal
WASHINGTON, D.C. - The Bolivarian Republic of Venezuela on June 12 moved in a federal district court to stay the enforcement of a $1.2 billion arbitral award that was confirmed in favor of a Canadian investor, pending the outcome of its appeal of the decision to the District of Columbia Circuit U.S. Court of Appeals (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 16-0661, D. D.C.).



Judge Rejects Mesa Power's Petition To Vacate NAFTA Award For Canada
WASHINGTON, D.C. - A District of Columbia federal judge on June 15 rejected an energy company's petition to vacate an international arbitral award in which a tribunal found that the Government of Canada did not violate the North American Free Trade Agreement (NAFTA), finding nothing to show that the tribunal exceed its authority (Mesa Power Group LLC v. Government of Canada, No. 16-1101, D. D.C., 2017 U.S. Dist. LEXIS 92037).



Justice Finds Arbitrator Exceeded Authority, Requests More Information
SYDNEY, Australia - A justice for the Federal Court of Australia on June 9 found that an arbitral process in a dispute over an agreement to sell shares in a food company was significantly flawed and that portions of partial awards should be set aside, but requested additional information from the parties before issuing a ruling (Hui v Esposito Holdings Pty Ltd., [2017] FCA 648, Australia Fed.).



U.K. Firm Proceeds With PCA Arbitration Against India Tax Department
EDINBURGH, Scotland - A United Kingdom energy company on June 19 gave updates on a dispute with the Indian Income Tax Department, stating that an international arbitration over a tax assessment is progressing and that final hearings in the case will be held next year.



ICSID Invites Amicus Curiae Filings In NAFTA Case Filed Against Canada
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on June 20 announced that it is inviting nonparties in an arbitration commenced by a resource company against the government of Canada to submit amicus curiae briefs in accordance with the statement of the North American Free Trade Agreement (NAFTA) Commission (Lone Pine Resources Inc. v. The Government of Canada, No. UNCT/15/2, ICSID).



Celamin Holdings Says It Has Raised $1.05M To Fund ICC Arbitration
MELBOURNE, Australia - Celamin Holdings NL on May 30 announced that it has raised capital to fund an international arbitration and other proceedings that were commenced in relation to a dispute over shares in a phosphate project.



ITLOS President Gives Annual Report And Case Update
HAMBURG, Germany - The president of the International Tribunal for the Law of The Sea (ITLOS) on June 12 issued the annual report for the tribunal, noting several important rulings and appointments.



Syndicates Ask Court To Compel Reinsurer To Follow Umpire Selection Process
BOSTON - In a dispute over environmental claims, a collection of insurance syndicates on May 31 asked a Massachusetts federal court to compel a reinsurer to arbitrate their disagreement and to enforce the parties' agreed-to procedure for the selection of an umpire (Certain Underwriters at Lloyd's, London v. Transport Insurance Co., No. 17-10618, D. Mass.).



Brazilian Reinsurer Owes $5M Under Arbitration Award, Insurer Asserts
NEW YORK - An insurer argues in a June 21 reply brief filed in a New York federal court that a Brazilian reinsurer is obligated to pay $5 million under an arbitration award so that the insurer can pay a settlement it reached with a steel maker in a related dispute (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).



Kuala Lumpur Centre Launches Updated Arbitration Rules
KUALA LUMPUR, Malaysia- The Kuala Lumpur Regional Centre for Arbitration (KLRCA) on June 1 announced that it has released new rules, which are aimed at improving the quality of its arbitral awards.



PCA And Djibouti Enter Host Country Agreement For Arbitrations
THE HAGUE, The Netherlands - The Permanent Court of Arbitration (PCA) on June 6 announced that it has reached a host country agreement with the Republic of Djibouti, allowing PCA-administered cases to be heard there.



Ontario Superior Court Judge Joins Arbitration Place, Thornton Grout Finnigan
TORONTO - The Arbitration Place on June 12 announced that a former Ontario Superior Court of Justice judge has joined the law firm Thornton Grout Finnigan (TGF) as counsel and has joined Arbitration Place as a member arbitrator.