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Supreme Court Denies Belize's Petition Seeking Review Of Confirmation
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 13 denied the government of Belize's petition for writ of certiorari in which it sought review of an appeals court's ruling that affirmed the enforcement of an $18,470,881 arbitral award (Government of Belize v. Belize Bank Limited, No. 17-252, U.S. Sup.).



2nd Circuit Vacates $185M ICSID Arbitration Award Issued Against Romania
NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Oct. 23 found that a district court erred when it granted an ex parte petition filed by a group of Swedish investors to confirm a $185,530,618 international arbitral award issued against Romania, finding that the court erred in concluding that the Foreign Sovereign Immunities Act (FSIA) did not apply (Ioan Micula, et al. v. Government of Romania, No. 15-3109-cv, 2nd Cir.).



Federal Judge Vacates Confirmation Of $146M ICSID Award Against Spain
NEW YORK - After recent appeals court rulings in which panels reversed district court judgments granting ex parte petitions for failure to comply with the Foreign Sovereign Immunities Act of 1976 (FSIA), a New York federal judge on Nov. 13 reversed his previous ruling confirming a $146,079,996 award issued against the Kingdom of Spain (Eiser Infrastructure, et al. v. Kingdom of Spain, No. 17-3808, S.D. N.Y.).



English Justice Dismisses Ukraine's Petition To Vacate $11.8M Award
LONDON - A U.K. oil and gas company on Oct. 30 reported that an England and Wales justice has dismissed a petition by Ukraine to set aside an $11.8 million arbitral issued in its favor.



Federal Judge Confirms $2.1M ICC Award For Bulgarian Machine Company
OAKLAND, Calif. - A California federal judge on Nov. 14 granted a Bulgarian machine-building company's petition to confirm a $2,119,167.79 international arbitral award issued against a California company, finding that enforcement of the award was not against public policy (TMCO Ltd. v. Green Light Energy Solutions R&D Corp., No. 4:17-cv-00997, N.D. Calif., 2017 U.S. Dist. LEXIS 188362).



U.K. Wafer Maker Says ICC Has Awarded It $39M For Breach Of Contract
ABINGDON, Oxfordshire - A United Kingdom maker of photovoltaic (PV) silicon wafers on Nov. 8 announced that the International Court of Arbitration for the International Chamber of Commerce (ICC) has awarded it $39,436,143.11 for breach of a contract in which a customer agreed to purchase wafers over a seven-year period.



Japanese Company Reports It Has Received Full Payment Of $1.27B Arbitral Award
TOKYO - A Japanese mobile service provider on Oct. 31 announced that it has received full payment of a $1.27 billion arbitral award that was issued in its favor and has transferred shares in a teleservices joint venture pursuant to an Indian High Court ruling that approved a joint application by the parties, which stipulated that the award was enforceable.



Frontera Says It Will Soon Receive Full Payment Of $2.02M Arbitration Award
HOUSTON - A Texas oil and gas exploration and production company on Nov. 17 said that enforcement proceedings to confirm a $2,026,126.32 international arbitral award have been completed and that it will receive payment of the total award.



Newspaper Investor Seeks To Annul ICSID Award For Republic Of Chile
WASHINGTON, D.C. - The International Centre for Settlement Of Investment Disputes (ICSID) on Oct. 25 registered a request by the former owner of a Chilean newspaper and his foundation to annul an award that dismissed their claims for damages in the amount of $422 million against the Republic of Chile in relation to the military's seizure of the newspaper (Victor Pey Casado and Foundation Presidente Allende v. Republic of Chile, No. ARB/98/2, ICSID).



Russia Says Yukos Will Not Pursue Brussels Enforcement Of Awards
BRUSSELS, Belgium - The Russian Federation and the International Centre for Legal Protection (ICLP) on Nov. 2 announced that Yukos Universal Limited (YUL) has decided not to pursue enforcement of part of $50 billion in overturned international arbitral awards issued in its favor.



Court Rejects Chevron's Request That Ecuadorian Claimants Post Security Costs
TORONTO - The Ontario Court of Appeals on Oct. 31 found that in the interests of justice, a group of Ecuadorian claimants who are attempting to enforce a $9.5 billion environmental damage ruling in their favor should not be required to post security costs and denied a request by Chevron Corp. and its subsidiary seeking costs (Yaiguaje v. Chevron Corporation, No. 2017 ONCA 827, Ontario App.).



ICSID Sustains Laos' Objection To Claim, Partially Reconsiders Bifurcation
SINGAPORE - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 24 released an order sustaining an objection by the Lao People's Democratic Republic to the addition of a new claim asserted by a gaming industry investor, finding that the dispute was limited to the claims that were asserted in the company's notice of arbitration (Lao Holdings N.V. v. Lao People's Democratic Republic, No. ARB[AF)/16/2], ICSID).



Judge Finds Lack Of Jurisdiction To Consider If SIAC's Order Was Enforceable
WASHINGTON, D.C. - A Japanese electronics company on Nov. 13 filed a notice of appeal to the District of Columbia Circuit U.S. Court of Appeals of a judge's finding that a Chinese manufacturer of televisions lacked sufficient contacts to the District of Columbia to maintain a federal lawsuit there and denial of the company's request for a declaration that a gag order issued by a Singapore arbitral tribunal was unenforceable (Sharp Corp., et al. v. Hisense USA Corp., et al., No. 17-1648, D. D.C., 2017 U.S. Dist. LEXIS 186686).



Panama, Investors Dispute Whether ICSID Should Uphold Expedited Objections
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 9 released post-hearing submissions filed by investors and the Republic of Panama in relation to Panama's expedited objections to the tribunal's jurisdiction over the case (Bridgestone Licensing Services, Inc., et al. v. Republic of Panama, No. ARB/16/34, ICSID).



Bayer Argues High Court Should Refuse To Review Petition Challenging Award
WASHINGTON, D.C. - A company that was awarded a $422 million arbitral award in a patent infringement dispute on Oct. 23 opposed a petition for a writ of certiorari recently filed with the U.S. Supreme Court in which the petitioners challenge the enforcement of the award by a federal appeals court (Dow Agrosciences LLC, et al. v. Bayer Cropscience NV, No. 17-372, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 3444).



Bank Argues High Court Should Deny Belize's Petition For Review Of Confirmation
WASHINGTON, D.C. - A Belize bank on Oct. 16 filed its response to a petition for writ of certiorari filed by the government of Belize in the U.S. Supreme Court, arguing that the petition seeking review of a ruling affirming the enforcement of a $18,470,881 arbitral award should be denied (Government of Belize v. Belize Bank Limited, No. 17-252, 2017 U.S. S. Ct. Briefs LEXIS 3948).



Brazilian Entities Ask High Court To Dismiss Petition Challenging $48M ICC Award
WASHINGTON, D.C. - A Brazilian group of companies on Nov. 1 filed their response to a petition for writ of certiorari in the U.S. Supreme Court, in which the petitioner seeks review of whether an international arbitral award can be enforced against a nonparty pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Amci Holdings Inc., et al. v. CBF Industria De Gusa S/A, et al., No. 17-481, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 3779).



PCA Holds Merits Hearing In Real Estate Investment Arbitration Against Russia
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Oct. 26 announced several updates in an arbitration commenced by real estate investors against the Russian Federation, noting that it recently held a hearing on the merits and that Russia has yet to participate in the case (Everest Estate LLC, et al. v. The Russian Federation, No. 2015-36, PCA).



ICSID To Hold Merits Hearing In Treaty Arbitration Commenced Against Uruguay
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 6 announced that a hearing on jurisdiction and the merits will soon be held in a dispute over an investment in a telecommunications enterprise between a corporation and the Oriental Republic of Uruguay (Itabla Corp. v. Oriental Republic of Uruguay, No. ARB/16/9, ICSID).



Judge Orders Nigeria To Pay Investor Fees Incurred During Enforcement Action
WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 2 ordered the Federal Republic of Nigeria to pay power company fees and costs that it incurred in enforcing an $11.2 million arbitral award that was issued by the International Court of Arbitration for the International Chamber of Commerce (ICC) (Enron Nigeria Power Holding Ltd. v. Federal Republic of Nigeria, No. 1:13-cv-1106, D. D.C., 2017 U.S. Dist. LEXIS 182176).



Judge Finds Hong Kong Forum No Longer Exists, Refuses To Compel Arbitration
LOS ANGELES - After finding that an agreement to arbitrate an employment dispute in Hong Kong involved a forum that is no longer available, a California federal judge on Nov. 17 refused to compel arbitration of the dispute (Alexander Mirza v. Cachet Hotel Group Limited Cayman L.P., et al., No. 2:17-CV-07140, C.D. Calif., 2017 U.S. Dist. LEXIS 190833).



ICC Signs Agreement With Kuala Lumpur Arbitration Center, Expands Into Malaysia
PARIS - The International Court of Arbitration for the International Chamber of Commerce (ICC) on Nov. 1 announced that it has reached an agreement that will assist in meeting growing dispute resolution needs in Asia.



Mitchell Silberberg & Knupp Appoints International Dispute Partner
LOS ANGELES - Mitchell Silberberg & Knupp (MSK) announced Oct. 13 that a new partner was elected to the firm's international dispute practice in Washington, D.C.



Light At The End Of Tunnel: Enforcing Arbitral Awards Against Sovereigns
By Gene M. Burd and Bradford J. Kelley I. Beyond the Arbitral Award Success in arbitration may not automatically result in the payment of the award. If the opposing party refuses to pay, the claimant could be forced to engage in protracted litigation to recognize and enforce the award in multiple jurisdictions. This task becomes especially challenging if the respondent is a foreign state-owned company. As that company may have no assets outside of its home country, the claimant could end up enforcing the award in local courts where laws may limit the recovery, and political consideration could mar the judicial process.



When Strategies Go Awry: Part I In A Series On Cognitive Biases And Their Impact
By Laura A. Frase We make decisions every day. With simple questions, we normally rely upon intuition, feelings, instincts or automatic reactions to make a decision (ex: do I turn left or right?). Our brains make thousands, if not millions, of these types of decisions, with seemingly little effort or analysis. "Judgment pervades human experience."1 These intellectual shortcuts save time, take less effort and allow us to choose quickly. We do not take the time, for example, to decide which foot to put forward when we walk; we decide automatically or on "gut instinct". If we fully analyzed every simple decision, we would be paralyzed and unable to function in our daily lives. We traditionally believe that we make rational and logical decisions; we "absorb information, process it, and come up with an optimal answer of solution."2 Yet, the fact that we err is undisputed. Our missteps sometimes come when we use these same intuitive shortcuts (known as heuristics) to make complex decisions, particularly when we are dealing with uncertain or unknown information. Countless qualitative studies demonstrate that our ability to analyze intricate facts or numbers is involuntarily thwarted by various cognitive, social and emotional responses which may ultimately force us toward illogical reasoning. As lawyers, we are not immune. Why, for example, do some parties reject generous offers? Why do we invest significant resources into "losing" cases? How does the first demand, even if it is outrageous, tilt negotiations? Why do our brains play these games?



International Arbitration Experts Discuss Shifts In Transparency, Significant Developments This Year And What 2018 May Bring
Mealey's International Arbitration Report recently asked industry experts and leaders for their thoughts on changes in transparency in arbitration, the potential future impact of awards and other significant events in 2017, where the next hot seat in arbitration is expected to be and what challenges 2018 may bring.



Staying One Step Ahead-HKIAC Consults On Proposed New Rules
Arbitration analysis: As the Rules Revision Committee of the Hong Kong International Arbitration Centre (HKIAC) invites responses on its proposed new rules ahead of a possible rule revision in 2018, our panel of experts considers the reasons behind the revision project and whether the proposed amendments are sufficient to ensure HKIAC's position as a world-leader in international institutional arbitration.



Jurisdictional And Forum Requirements For ICSID Award Recognition Against Foreign Sovereigns: Recent Developments And Debates
By Matthew Slater, Inna Rozenberg and Richard Freeman I. Introduction In a pair of recent decisions, the U.S. Court of Appeals for the Second Circuit became the first federal appellate court to rule on several important issues concerning the interplay between the U.S. Foreign Sovereign Immunities Act (the "FSIA") and recognition of arbitral awards made pursuant to the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the "ICSID Convention" or "Convention"). In doing so, it resolved a sharp conflict between courts in the Southern District of New York, which had adopted a practice of ex parte recognition of ICSID awards without regard to the requirements of the FSIA, and courts in the Eastern District of Virginia and the District of Columbia, which, like the Second Circuit, held that the FSIA's jurisdiction, service, notice, and venue requirements must first be observed.



The Evolving Landscape Of Third-Party Funding In International Arbitration
By Louis A. Russo and Oliver E. Twaddell Introduction Just a few years ago third-party funding was little known - and in many jurisdictions forbidden. However, recent legislative and judicial decisions permitting and in some instance encouraging the use of this litigation finance tool have lead to a meteoric rise in the number of cases being funded, giving rise to a constantly evolving landscape of financing products and the entities that offer them. The question now is whether the international arbitration community can adapt quickly enough to keep up with all of these changes.



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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