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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 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.



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.).