Mealey's International Arbitration : Mealey's : Legal News & Analysis

Mealey's International Arbitration

September 04, 2024
Nebraska Company, French Entity Agree To Dismiss $927K Shipping Award Suit

OMAHA, Neb. — A Nebraska grain seller and a French buyer on Sept. 3 filed a joint stipulation of dismissal in Nebraska federal court, asking the court to dismiss with prejudice the French party’s petition to confirm a Society of Marine Arbitrators (SMA) arbitral award worth more than $927,000 for delays to delivery of grain shipments.
September 03, 2024
African Terminal Operator Urges D.C. Circuit To Rehear Reversal Of $541M Award

WASHINGTON, D.C. — A joint venture that operated a container terminal on the Red Sea filed a petition with the District of Columbia Circuit U.S. Court of Appeals for panel rehearing or rehearing en banc after a split panel reversed the confirmation of a London Court of International Arbitration (LCIA) arbitral award worth more than $541 million in its favor against the Republic of Djibouti due to lack of “attorney authority,” writing that the decision conflicts with precedent and is an issue of exceptional importance.
September 03, 2024
Panama Seeks To Prevent Delay Of $4.84M Arbitration Award

MIAMI — The Republic of Panama has asked a Florida federal court to stay discovery and to dismiss counterclaims of an American company and its principal in a case involving alleged contract violations that began when Panama filed a petition to enforce a $4.84 million arbitration award.
August 30, 2024
Award Rejecting Canadians’ $15B Pipeline Claim Against U.S. Published By ICSID

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Aug. 29 published a split tribunal’s award dismissing a $15 billion claim brought against the United States by two Canadian oil companies for terminating their license to operate a cross-border pipeline, finding that it lacked jurisdiction over claims arising under the North American Free Trade Agreement (NAFTA) after NAFTA expired.
August 28, 2024
Judge Adopts Recommendation, Confirms $21M Award In Argentine Stock Dispute

MIAMI — A Florida federal judge adopted a magistrate judge’s report and recommendation (R&R) in full and confirmed an International Chamber of Commerce (ICC) tribunal’s arbitral award worth more than $21 million against a Florida man in favor of an Argentine investor for a stock option dispute.
August 27, 2024
Judge Confirms $1.7B Award In Telecom Dispute Against Iraqi Businessman, Companies

PHILADELPHIA — A Pennsylvania federal judge court granted a Dubai-based joint venture’s motion to confirm an International Chamber of Commerce (ICC) award worth more than $1.75 billion against telecommunications companies and an Iraqi businessman, finding that the court has jurisdiction over defendants who appeared to litigate a discovery dispute.
August 26, 2024
ICSID Rejects $350M Claim Against Colombia Citing Its National Security Defense

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published a tribunal’s award rejecting U.S. investors’ claims against the Republic of Colombia for expropriating land they purchased that Colombia alleged was previously tied to narcotics trafficking, finding it lacks jurisdiction because the challenged conduct falls under an “essential security” exception in a trade agreement.
August 12, 2024
COMMENTARY: Waiver Of The Right To Arbitration Without Prejudice

By Robert M. Hall
August 22, 2024
Panel Says Mexican Company Must Arbitrate Contract Row Before Single Arbitrator

HOUSTON — A Texas appellate panel found that an oral, in-court agreement between a Mexican company and a Texas company to alter their arbitration agreement is binding and affirmed a trial court’s order that they arbitrate their contract dispute before a single arbitrator despite an amount-in-controversy requirement in their written arbitration agreement that requires multiple arbitrators.
August 21, 2024
Judge Says $325M Award Against Argentina Timely Under D.C. Statute Of Limitations

WASHINGTON, D.C. — A District of Columbia federal judge denied the Argentine Republic’s motion to dismiss a petition to confirm an International Centre for Settlement of Investment Disputes (ICSID) award worth more than $325 million in favor of the successor-in-interest to Spanish investors after finding that the District of Columbia’s 12-year statute of limitations renders the petition timely.
August 20, 2024
Judge Refuses To Vacate $120M Judgment In Iraqi Port Construction Feud

WASHINGTON, D.C. — A District of Columbia federal judge granted a Cypriot construction company’s motion to authorize attachment and enforce a confirmed $120 million award against the Republic of Iraq and two government entities and denied the defendants’ motions to vacate the judgment and dismiss the petition.
August 19, 2024
D.C. Circuit Affirms Court’s Jurisdiction Over Intra-EU Arbitral Awards Against Spain

WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on Aug. 16 unanimously held that the D.C. federal court has jurisdiction over three petitions to confirm intra-European Union arbitral awards against the Kingdom of Spain worth approximately 358 million euros despite EU law barring such arbitrations, but split as to the court’s issuance of anti-suit injunctions barring related litigation in Europe, which the majority reversed.
August 12, 2024
Split D.C. Circuit Panel Affirms Chinese Company’s $70M Award Against Nigeria

WASHINGTON, D.C. — A split panel of the District of Columbia Circuit U.S. Court of Appeals on Aug. 9 affirmed an arbitral award against the Federal Republic of Nigeria worth roughly $70 million in favor of a Chinese company, with the dissenting judge writing that the court lacked jurisdiction under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).
August 09, 2024
Applying New Precedent, 11th Circuit Affirms $188M Award Against Venezuelan Entity

ATLANTA — The 11th Circuit U.S. Court of Appeals on Aug. 8 affirmed the confirmation of an arbitral award worth roughly $188 million against a Venezuelan iron ore producer based on different reasoning, finding that the award should be confirmed on the merits despite the fact the lower court erred under new precedent by barring the Venezuelan company from presenting a public policy defense.
August 09, 2024
Motion To Confirm $166.6M Arbitral Award Granted To Dutch Insolvency Practitioners

GREENSBORO, N.C. — A North Carolina federal judge on Aug. 8 granted a motion filed by Dutch insolvency practitioners for a Dutch insurer in liquidation to confirm a Dutch tribunal’s arbitral award and judgment, which converts from euros to $166,600,942, finding that the respondents, a former owner of insolvent insurers and his related companies, failed to establish “any grounds for a refusal to confirm the award.”
August 09, 2024
3rd Circuit Affirms Refusal To Confirm $1M CIETAC Award Against Nonsignatory

PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on Aug. 8 affirmed the denial of a Chinese company’s petition to confirm a China International Economic and Arbitration Commission (CIETAC) arbitral award worth nearly $1 million against a Pennsylvania company for a dispute over a flooring contract, writing that the lower court correctly refused enforcement against a nonsignatory to the underlying contract.
August 08, 2024
Kurdistan Government Says Dubai Lender’s $500M Claim Was Rejected By ICSID Tribunal

NEW YORK — The Kurdistan Regional Government of Iraq (KRG) filed a motion in New York federal court to dismiss a Dubai-based investment company’s complaint against it seeking to enforce a $500 million Kuwaiti judgment, arguing that the company was previously found to have “relinquished” any claim to the loan at issue during a separate International Centre for Settlement of Investment Disputes (ICSID) proceeding before seeking to enforce it in Kuwait.
August 07, 2024
Canadian Investor Says Tribunal Wrongly Dismissed 87M Euro Claim Against Serbia

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Aug. 6 published a Canadian investor’s memorial arguing for partial annulment of a tribunal’s 14.5 million euro award in his favor on claims against the Republic of Serbia for seizing his shares in a dairy farm investment, asserting that the tribunal wrongly dismissed his claim for indirect holdings worth 87.5 million euros, failed to state reasons for certain findings and applied improper reasoning to its valuation decisions.
August 07, 2024
Reversal Of $1.3B Award In Indian Satellite Row ‘No Outlier,’ High Court Told

WASHINGTON D.C. — An Indian state-owned corporation in an Aug. 6 opposition brief urges the U.S. Supreme Court to deny two petitions for writs of certiorari regarding the Ninth Circuit U.S. Court of Appeals’ reversal on jurisdictional grounds of a $1.3 billion arbitral award, arguing that the decision is “no outlier” and not worthy of high court review.
August 07, 2024
Judge Confirms PCA Award, Enters $111M Default Judgment Against Ghana

WASHINGTON, D.C. — The chief judge of the U.S. District Court for the District of Columbia on Aug. 6 granted a motion for default judgment and confirmed a Permanent Court of Arbitration (PCA) tribunal’s award against the government of the Republic of Ghana worth $111 million for abruptly terminating a Singaporean company’s gas turbine contract.
August 07, 2024
Magistrate Recommends Denial Of Discovery Assistance To Shanghai Arbitral Tribunal

AUSTIN, Texas — A Texas federal magistrate judge issued a report and recommendation saying that a judge should grant reconsideration and vacate an order granting a Chinese manufacturer’s ex parte application for court assistance in obtaining discovery for an arbitration against a marketing consultant in China, writing that the “private arbitration” falls outside the governing discovery statute.
August 05, 2024
English Justice Refuses South Korea’s Bid To Set Aside $48.5M Award

LONDON — A justice of the High Court of England and Wales denied the Republic of Korea’s application to set aside a Permanent Court of Arbitration (PCA) arbitral award against it worth more than $48.5 million in favor of an American investment entity, rejecting its arguments that the tribunal lacked jurisdiction to hear the claim but granting Korea permission to appeal.
August 05, 2024
Canadian Airline Asks Court To Enforce $25M Award Against Venezuela

WASHINGTON, D.C. — A Canadian airline filed a petition to confirm an International Centre for Settlement of Investment Disputes (ICSID) arbitral award in its favor worth more than $25 million against the Bolivarian Republic of Venezuela for harming its investment in a Venezuelan subsidiary and affiliated baggage handling services.
August 02, 2024
ICSID Publishes No-Damages Award In Mining Company Claim Against Colombia

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Aug. 1 published a split tribunal’s award finding that the Republic of Colombia breached its treaty obligations to a Canadian precious metals exploration company, ordering Colombia to indemnify the company from certain taxation liabilities but declining to award damages for the breach.