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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®



 



U.S. Supreme Court Will Not Review Arbitrability Of Venue Issue
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by an Israeli entity that sought review of a district court's ruling confirming an arbitral award that was issued in favor of a U.S. development company in Atlanta and refused to review whether questions of arbitral venue are for an arbitrator to decide (Bamberger Rosenheim Ltd. v. OA Development Inc., No. 17-569, U.S. Sup.).



ICC Awards Singapore Oil Exploration Company $1.95M
SINGAPORE - A Singapore exploration and production oil company on Jan. 9 announced that an international tribunal has awarded it a total of $1.95 million in an arbitration for unpaid services.



ICSID Dismisses Investment Claims Against Timor-Leste For Lack Of Jurisdiction
WASHINGTON, D.C. - A tribunal for International Centre for Settlement of Investment Disputes (ICSID) on Dec. 28 released its ruling in a dispute related to investments for the sale and shipment of high-speed fuel to the Democratic Republic of Timor-Leste, dismissing the case for lack of jurisdiction (Lighthouse Corporation Pty Ltd., et al. v. the Democratic Republic of Timor-Leste, No. ARB/15/2, ICSID).



ICSID Rejects Panama's Jurisdictional Objections To Trademark Infringement Case
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investments Disputes (ICSID) on Jan. 4 dismissed the majority of objections to jurisdiction submitted by the Republic of Panama, allowing claims for trademark infringement in relation to investments allegedly made under a trade promotion agreement in Panama (Bridgestone Licensing Services, Inc., et al. v. Republic of Panama, No. ARB/16/34, ICSID).



Panel Finds Crystallex Did Not Allege Fraudulent Transfer Was Made By Debtor
PHILADELPHIA - In a majority ruling, the Third Circuit U.S. Court of Appeals on Jan. 3 reversed a district court's ruling in favor of a Canadian gold producer, who is seeking to obtain payment of a $1.20 billion arbitral award issued against Venezuela, finding that the company failed to plead that a fraudulent transfer was made by a debtor under Delaware law (Crystallex International Corp. v. Petroleos De Venezuela, S.A., Nos. Nos. 16-4012 & 17-1439, 3rd Cir., 2018 U.S. App. LEXIS 95).



Parties Settle Dispute Over $18M ICC Award Issued Over Tunnel Excavation Claims
MIAMI - A Florida federal judge on Jan. 12 granted a joint motion to dismiss a petition to vacate and a cross-petition to confirm a $18,068,685 international arbitral award issued in a dispute over a contract for the excavation of tunnels as part of a project for the construction of a hydroelectric plant in Guatemala (Cobra Infraestructuras Hidraulicas S.A. v. Societa Esecuzione Lavori Idraulici, S.p.A., et al., No. 17-23664, S.D. Fla.).



Judge Grants Venezuela's Request To Stay Petition To Confirm $491M ICSID Award
WASHINGTON, D.C. - A District of Columbia federal judge on Dec. 21 ordered that a Netherlands entity's petition to confirm a $491,081,701 international arbitration award be stayed, pending the outcome of a proceeding to annul the award commenced by the Bolivarian Republic of Venezuela (OI European Group B.V. v. Bolivarian Republic of Venezuela, No. 1:16-cv-01533, D. D.C.).



New York Appeals Court Affirms Confirmation Of $6.7M ICC Award
NEW YORK - A New York appeals court on Jan. 2 affirmed the confirmation of a $6,770,762 award issued in favor of a Mexican investor in a luxury resort, finding that the tribunal was not improperly influenced when issuing the award (Mexvalo S de RL de CV v. Desarrolladora Farallon S de RL de CV, No. 654716/2016, N.Y. Sup., App. Div., 1st Dept.).



New York Federal Judge Confirms $3M ICDR Arbitration Award For GE
NEW YORK - A New York federal judge on Jan. 12 granted a petition filed by General Electric Co. to confirm a $3,051,817.22 arbitral award issued against Japanese entities in relation to their failure to defend and indemnify GE pursuant to the terms of a manufacturing contract for appliances (General Electric Company v. Sampo Corporation, et al., No. 16-CV-2456, S.D. N.Y., 2018 U.S. Dist. LEXIS 6017).



Federal Bankruptcy Judge Confirms ICC Award For Czech Company
WILMINGTON, Del. - A Delaware bankruptcy judge on Jan. 8 confirmed an arbitral award issued in favor of a Czech Republic company in a dispute over the construction of a steel mill at one of its facilities, noting that all of the claims asserted by a U.S. entities were time-barred or waived because they were not raised in the arbitration (In re: Kaiser Group International Inc., et al., No. 00-2263, D. Del. Bkcy., 2018 Bankr. LEXIS 54).



Judge Compels UCL, Fraud Claim Against Pharma Company To Arbitration In Hong Kong
SAN DIEGO - After finding that a California natural plant company's claims for violation of California's unfair competition law (UCL) and fraud against a group of companies and their officer in relation to a distribution agreement arose directly under an underlying contract, a California federal judge on Jan. 8 compelled the claims against one business entity to arbitration in Hong Kong (Everest Biosynthesis Group LLC, dba Natural Plant Extracts v. Biosynthesis Pharma Group Limited, et al., No. 17cv1466, S.D. Calif., 2018 U.S. Dist. LEXIS 3258).



Canadian Company Says Greek Arbitral Tribunal Extends Arbitration Period
VANCOUVER, Ontario - A Canadian corporation on Dec. 19 announced that a Greek arbitration panel has extended the 90-day arbitration period in a case filed by two Greek government entities against a Canadian gold mining company by 60 days.



SIAC Proposes Cross- Institution Consolidation Of International Arbitrations
SINGAPORE - The Singapore International Arbitration Centre (SIAC) on Dec. 19 announced it has proposed a cross-institution cooperation for the consolidation of international arbitration cases.



Sheppard Mullin, Saudi Arabia-Based Firm Agree To Work As Team
LOS ANGELES - Sheppard, Mullin, Richter & Hampton on Jan. 19 announced that it has entered into a cooperative agreement with a law firm in Saudi Arabia.



Blank Rome Hires Complex Business Dispute Partner In Pittsburgh
PITTSBURGH - Blank Rome on Jan. 18 announced that a new partner has joined its commercial litigation group in Pittsburgh.



Apparent Bias In Arbitral Tribunals: One Size Fits All?
By Andy Moody, Judith Mulholland and Richard Molesworth A. Apparent Bias In Arbitral Tribunals: Additional Judicial Guidance In 2018? In early February 2018, the Court of Appeal will hear the appeal from H v L,1 and it is hoped that further guidance will be given to the London arbitration community as to the circumstances in which the court will remove an arbitrator on the grounds of apparent bias. In advance of the appeal decision, it is helpful to re-visit the Commercial Court's decision at first instance and to consider more broadly arbitral practice where challenges based on apparent bias are raised.



When Strategies Go Awry: Part 3 In A Series On Cognitive Biases And Their Impact
By Laura A. Frase Loss Aversion and its Collaborators or



High Court Refuses To Review Enforcement Of $422M ICC Award
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 4 denied a petition for writ of certiorari that sought review of a district court's order confirming a $422 million award international arbitral award issued in a patent infringement case (Dow Agrosciences LLC, et al. v. Bayer Cropscience NV, No. 17-372, U.S. Sup.).



Supreme Court Refuses To Hear Petition Challenging $48M ICC Award
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 11 denied a petition for writ of certiorari filed by a group of mining entities, which challenged the issuance of a $48,053,462 arbitral award by the International Chamber of Commerce's (ICC) International Court of Arbitration in favor of a group of Brazilian companies in a dispute related to the sale of pig iron (Amci Holdings Inc., et al. v. CBF Industria De Gusa S/A, et al., No. 17-481, U.S. Sup.).



Ecuador To Pay ConocoPhillips $337M In Settlement Of ICSID Award
HOUSTON - ConocoPhillips on Dec. 4 announced that the Republic of Ecuador and its subsidiary reached an agreement in relation to the payment of an international arbitral award (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).



ICSID Orders Peru To Pay Mining Firm $24M For Trade Agreement Violations
WASHINGTON, D.C. - In a majority ruling, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 1 released its award in favor of a Canadian mining company for $24,223,775, plus interest, in damages for the expropriation of its mining investment in the Republic of Peru (Bear Creek Mining Corp. v. Republic of Peru, No. ARB/14/21, ICSID).



PCA To Issue Award, Asks Russia And Investors Questions On Quantum
THE HAGUE, Netherlands - In preparation for the issuance of a final award in a treaty dispute over real estate investments in Crimea, the Permanent Court of Arbitration (PCA) on Dec. 13 announced that it has posed certain questions to the investors and the Russian Federation in relation to responsibility and quantum (Lugzor LLC, et al. v. The Russian Federation, No. 2015-29, PCA).



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).



ICSID Finds It Lacks Jurisdiction To Hear Treaty Claims Against Venezuela
PARIS - After considering the Bolivarian Republic of Venezuela's denunciation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention), a tribunal on Dec. 6 found that it lacks jurisdiction over claims for alleged expropriation of an investment in glass container production plants asserted by two Venezuelan companies (Fabrica De Vidrios Los Andres C.A., et al. v. Bolivarian Republic of Venezuela, No. ARB/12/21, ICSID).



ICSID Joins Costa Rica's Objections To Jurisdiction To Merits Of BIT Case
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 6 released its decision on jurisdiction in an arbitration commenced by a Canadian mining company against the Republic of Costa Rica, finding that Costa Rica's objections to jurisdiction and the issue of whether the company had an investment under a bilateral investment treaty should be considered with the merits of the case (Infinito Gold Ltd. Claimant v. Republic of Costa Rica, No. ARB/14/5, ICSID).



Condo Owners Seek To Confirm Costa Rican Award In Arizona Federal Court
PHOENIX - A group of condominium owners at a resort in Costa Rica on Dec. 12 filed a petition to confirm an arbitral award issued in their favor in relation to the property owner's breach of their purchase agreements (John Lindsey, et al. v. Punta Vista Bahia, S.A., et al., No. 2:17-cv-04596, D. Ariz.).



Judge Stays Lawsuit Pending Decision In ICSID Arbitration Against Guinea
NEW YORK - A New York federal judge on Nov. 29 granted a motion filed by a group of nonprofit organizations to stay a case related to mining rights in Guinea, pending the outcome of an international arbitration case commenced by a group of resource companies against Guinea (BSG Resources [Guinea] Limited, et al. v. George Soros, et al., No. 17-2726, S.D. N.Y., 2017 U.S. Dist. LEXIS 196141).



ICSID Discontinues Treaty Investment Arbitration Filed Against Turkmenistan
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 14 released its order granting a request by a Turkish company to discontinue an arbitration it commenced against Turkmenistan in relation to its investment in a shopping plaza project (Gorkem Insaat Sanayi ve Ticaret Limited Sirketi v. Turkmenistan, No. ARB/16/30, ICSID).



9th Circuit Refuses To Compel Arbitration Of Estate's Claims In South Korea
HONOLULU - The Ninth Circuit U.S. Court of Appeals on Nov. 30 affirmed a district court's decision that denied a Korean corporation's motion to compel an estate's negligence claims related to the death of a seaman to arbitration in South Korea, finding that the corporation was not a signatory to the arbitral agreement in an underlying employment contract (Esther Margarita Limia Suarez Viuda De Yang, et al. v. Majestic Blue Fisheries LLC, et al., No. 15-16881, 9th Cir., 2017 U.S. App. LEXIS 24308).



Judge Refuses To Compel ICC Arbitration Of Dispute Over Food Equipment Purchase
PORTLAND - After finding that a producer of dried fruit and a seller of food processing equipment never agreed to submit disputes in relation to the sale and purchase of equipment to international arbitration, an Oregon federal judge on Dec. 5 entered an order granting an injunction in favor of the producer and refusing to compel arbitration in Vienna (Meduri Farms Inc. v. DutchTecSource B.V., No. 3:17-cv-906, D. Ore., 2017 U.S. Dist. LEXIS 199793).



Federal Judge Compels Arbitration Of License Agreement Dispute To SIAC
SAN FRANCISCO - After finding that a valid arbitration agreement existed between companies in relation to an agreement for the use and sale of certain trademarks owned by Sharp Corp., a California federal judge on Dec. 5 compelled claims for fraud, rescission and violation of California's unfair competition law (UCL) to arbitration in Singapore (Sharp Corp. v. Hisense USA Corporation, et al., No. 17-cv-03341, N.D. Calif., 2017 U.S. Dist. LEXIS 200102).



Judge Partially Compels Cruise Line Worker's Claims To Arbitration
MIAMI - A Florida federal judge on Dec. 12 found that a cruise line worker's negligence claims against her employer must be arbitrated in the Bahamas pursuant to the terms of her employment agreement, but remanded claims against another cruise line and her coworker to a state court, because they were not signatories to the arbitration agreement (Michelle Haasbroek v. Princess Cruise Lines Ltd., No. 17-cv-22370, S.D. Fla., 2017 U.S. Dist. LEXIS 204025).



Insurers: Federal Court Has 'Unflagging Obligation' To Exercise Jurisdiction
SAN FRANCISCO - Primary and first-layer excess insurers argue in a recent brief to the Ninth Circuit U.S. Court of Appeals that because they raised a "facially non-frivolous" and "compelling" argument in favor of arbitration, a federal district court should have fully adjudicated their motion to compel arbitration instead of remanding the lawsuit to California court (SFA Group v. Certain Underwriters at Lloyds London, et al., No. 16-56467, 9th Cir.).



ICSID Revises Schedule In Laos Gaming Arbitration To Hear New Claims
SINGAPORE - After a recent decision in which a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) clarified that it will consider new claims asserted by a gaming industry investor regarding the nonrecognition of a Singapore arbitral award against a third party, the tribunal on Nov. 27 issued a revised time schedule and a new hearing date for all issues in the case (Lao Holdings N.V. v. Lao People's Democratic Republic, No. ARB[AF/16/2], ICSID).



PCA Holds Hearing On Remaining Issues In UNCITRAL Case Against Russia
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Dec. 6 announced that it has held a hearing on the outstanding issues of liability, jurisdiction and admissibility in an arbitration commenced by a bank and a finance company against the Russian Federation (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).



International Fellowship Program Holds Middle East Conference
IRVINE, Calif. - JAMS announced that retired Judge Daniel Weinstein convened a group of fellows from the Weinstein JAMS International Fellowship Program at an inaugural Middle East conference on Dec. 14.



Time Is Of The Essence: The Importance Of Bringing A Challenge To An Arbitral Award In Good Time
By Thomas Yates and Tony Hewitt 1. Summary For those not familiar with the relevant rules, the calculation of the time limit for challenging an English arbitral award before the English courts may come as a surprise. In two recent High Court decisions, the court has emphasised that the 28 day time limit for challenging an award commences on the date the award is made and not the date it is received by the parties. In both cases, despite the fact the parties only received the award after the deadline for bringing any challenge had expired, the court refused to grant an extension of time in order to allow a challenge to the awards to be brought. These decisions act as an important reminder that parties should take all possible steps to ensure that an award can be released as soon as it is made in order to preserve the limited rights of challenge to an arbitral award under English law.



Q&A On Arbitration In Latin America
By Carlos J. Bianchi 1. How has the use of investment arbitration grown in Latin America in recent years? It is clear that the use of investment arbitration has grown considerably in Latin America in recent years. Thus, in 2016, approximately 25% of the new investment arbitration cases commenced before ICSID involved Latin American parties. The withdrawal from the ICSID Convention by Venezuela, Bolivia and Ecuador does not appear to have had a significant impact on the volume of arbitrations involving Latin American parties. There have been spikes in case filings as a result of circumstances in specific countries; for example, the consequences of the Argentine financial crisis of late 2001. But the growth over the years has been steady.



When Strategies Go Awry: Part 2 in a Series on Cognitive Biases and Their Impact
By Laura A. Frase Anchoring Effect: "Draggin the Line"1 in Litigation and Negotiation One of the most well researched cognitive bias is the Anchoring Effect; "the human tendency to adjust judgments or assessments higher or lower based on previously disclosed external information - the anchor."2 This mental short-cut involves starting with an initial known number or information (explicitly or implicitly conveyed) and then adjusting to generate the final answer for which we are searching. Once we believe we have reached the realm of a plausible answer, we stop adjusting from the initial reference point. For example, we want to purchase a quart of cream. We know the price of a quart of milk so we adjust from that number to estimate the cost of the same amount of cream. If we want to buy a particular car, we may recall prices for similar makes and models and use those numbers to estimate the cost of the car we want to purchase. The numbers or information we start with and use as comparisons are anchors.



Arbitration Reform In Ukraine: Enhancing Efficiency Of Judicial Control Over And Support To Arbitration
By Olena Perepelynska (Complete version of commentary with images available. Document #05-171219-199X.) On 3 October 2017, the Ukrainian Parliament adopted the law No.2147-VIII (the "Law No.2147") amending the Code of Commercial Procedure, the Code of Civil Procedure, the Code for Administrative Court Proceedings of Ukraine and other laws. Published officially on 28 November 2017, the Law No.2147 will enter into force on 15 December 2017, same day the new Supreme Court of Ukraine will start functioning. The Law No. 2147 is a part of the ongoing judicial reform in Ukraine. It introduces important changes to the court procedures in arbitration-related matters. The Law as well adopts a number of amendments to the Law of Ukraine on International Commercial Arbitration (the "ICA Law").1



Summary Awards In International Arbitration - Slow Getting Up to Speed?
By Charlie Lightfoot, James Woolrich and Thomas Wingfield At the end of October 2017, the International Court of Arbitration of the International Chamber of Commerce (ICC) issued an amended Practice Note on the immediate dismissal of manifestly unmeritorious claims and defences in arbitration.1 This latest guidance presents an opportunity to take stock of several developments in this area of arbitral procedure and to consider what the future may hold. Very broadly, 'summary disposal' or 'summary judgment' refers to any abridged procedure pursuant to which a judge or arbitrator rules upon a claim or defence at an early stage in proceedings, without the matter proceeding to a full hearing. Archetypally, summary judgment is suited to cases where the claim or defence in question turns on a straightforward, relatively uncontroversial, matter of fact and/or law. By contrast (although the distinction is not absolute), expedited procedures are essentially compressed and accelerated versions of full proceedings.



Court Of Justice's Advocate General: Intra-EU BIT Award Compatible With EU Law (Slovak Republic v Achmea)
By Hendrik Puschmann Arbitration analysis: Hendrik Puschmann of Farrer & Co discusses in detail the opinion of Advocate General (AG) Melchior Wathelet in the well-known case of Slovakia v Achmea, in which the Court of Justice of the European Union has been asked to determine whether an arbitration agreement in a bilateral investment treaty (BIT) between two EU Member States infringes EU law. Advocates General are independent Court of Justice officials who issue non-binding but persuasive opinions on the cases before the court. What is the background to the opinion?



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.