Mealey's International Arbitration
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August 02, 2024
Mexico Asks ICSID To Bifurcate Supplement Maker’s $2.7B Land Expropriation Claim
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published the United Mexican States’ request that a tribunal bifurcate a Michigan-based company’s claim for $2.7 billion in damages based on the alleged expropriation of its Mexican farmland, writing that the claims are procedurally improper and time-barred under the U.S.-Mexico-Canada Agreement (USMCA).
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August 01, 2024
Split Tribunal Dismisses Part Of Canadian Bank’s $100M Claim Against Peru
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published a split tribunal’s decision granting in part and denying in part the Republic of Peru’s application for an early dismissal of a Canadian bank’s claims against it for causing more than $100 million in damages to its subsidiary, finding that some of the claims are outside the scope of a treaty.
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August 01, 2024
ICSID Awards Panama $1.5M In Fees After Dismissing Biofuel Investor’s Claims
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published a tribunal’s award ordering a biofuel investor to pay the Republic of Panama roughly $1.5 million in attorney fees and arbitration costs after dismissing the investor’s claims for lack of jurisdiction because it failed to prove that it is controlled by Italian investors, noting that the investor “unreasonably delayed” proceedings with “untimely and unjustified requests.”
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July 31, 2024
D.C. Circuit Remands Reinsurer’s Bid To Enforce $33M Awards Against Argentina
WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on July 30 remanded a reinsurer’s appeal to the lower court for “further analysis and factfinding” as to whether the court had jurisdiction over its petition to enforce two arbitral awards worth $33 million against the Republic of Argentina under the Foreign Sovereign Immunities Act (FSIA).
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July 31, 2024
Split D.C. Circuit Reverses $541M Award Against Djibouti Over ‘Attorney Authority’
WASHINGTON, D.C. — Finding that a lower court did not sufficiently examine whether an award-creditor’s counsel was properly authorized to represent it, a split District of Columbia Circuit U.S. Court of Appeals panel on July 30 reversed the confirmation of a London Court of International Arbitration (LCIA) arbitral award worth more than $541 million against the Republic of Djibouti in a dispute over control of a container terminal.
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July 29, 2024
Canadian Investor Seeks Annulment Of 14.5M Euro Award After Co-Claimants Withdraw
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on July 26 published a tribunal’s order taking note of the discontinuance of annulment proceedings by several claimants whose claims were dismissed by the merits tribunal for lack of jurisdiction. One applicant, a Canadian investor who partly prevailed on his claims against the Republic of Serbia for the seizure of his shares in a dairy farm investment, will continue to seek annulment alone.
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July 29, 2024
Court Violated Due Process In Sandwich Shop Arbitration, Canadian Company Says
NEW YORK — A company that served as Canadian agent for the Subway sandwich shop franchise filed a motion in New York federal court to alter or amend a judge’s ruling confirming an arbitrator’s award requiring it to make ongoing payments under a terminated contract pending the outcome of a 70 million Canadian dollars arbitration, arguing that the judge did not give it a chance to respond to the arbitrators’ recent rulings.
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July 26, 2024
Judge Refuses To Vacate Swiss Award In Medical Contract Dispute
NEW YORK — A New York federal judge refused a motion to vacate two arbitral awards issued against three companies by a tribunal seated in Geneva in a dispute over the development of a nuclear medicine camera, after finding that no jurisdiction exists to vacate an arbitral award outside the primary jurisdiction where the award was issued.
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July 26, 2024
Court Confirms $194M Award Against Djibouti In Favor Of Dubai Port Investor
WASHINGTON, D.C. — A District of Columbia federal judge adopted a magistrate judge’s report and recommendation in full and granted a petition to confirm a London Court of International Arbitration (LCIA) arbitral award against the Republic of Djibouti for harming a Dubai-based port investor by canceling its contract and seizing an African container terminal on the Red Sea.
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July 22, 2024
Kazakhstan, Moldovan Investors Settle Arbitral Feud As Judge Compels Subpoenas
NEW YORK — A New York federal judge granted in part two Moldovan investors and their companies’ motion to compel responses from a banking entity in support of enforcement of an arbitral award against Kazakhstan worth more than $500 million, as reports say the parties reached a settlement of the long-running feud.
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July 22, 2024
2nd Circuit Affirms Denial Of Section 1782 Discovery To ICSID Dispute
NEW YORK — The Second Circuit U.S. Court of Appeals on July 19 affirmed a ruling quashing an Italian company’s subpoena seeking discovery for use before an International Centre for Settlement of Investment Disputes (ICSID) tribunal, writing that the federal statute governing discovery in assistance of foreign courts does not apply to ad hoc ICSID tribunals under recent U.S Supreme Court precedent.
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July 22, 2024
Judge Says Award-Debtor’s Wife Owes $217K To Satisfy CIETAC Award
BOSTON — A Massachusetts federal judge ordered a sightseeing balloon company owner’s wife to pay more than $217,000 to a Chinese company to satisfy a Chinese International Economic and Trade Arbitration Commission (CIETAC) arbitral award after finding that the owner transferred assets to his wife to evade enforcement of the award.
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July 17, 2024
COMMENTARY: International Arbitration Experts Discuss The Standards Of Review And Disclosure Rules For Arbitrators
[Editor’s Note: Copyright © 2024, LexisNexis. All rights reserved.]
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June 27, 2024
COMMENTARY: Prague Rules Six Years After Their Publication: Where Are We Now?
By Andrew Tetley and Diana Stekhnovych
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July 19, 2024
Nebraska Company Opposes $927K Award To French Entity In Shipping Dispute
OMAHA, Neb. — A Nebraska grain seller urges a Nebraska federal court not to confirm a Society of Marine Arbitrators (SMA) arbitral award against it for nearly $1 million in favor of a French buyer, writing that the French entity can’t seek confirmation because it has failed to provide a certified copy of the underlying arbitral award.
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July 18, 2024
Ukrainian Company Defends Award Worth $218M Against Russian Motion To Dismiss
WASHINGTON, D.C. — A Ukrainian electricity company urges a District of Columbia federal court to reject The Russian Federation’s arguments for dismissal of its petition to confirm a Permanent Court of Arbitration (PCA) award worth more than $218 million for the expropriation of its investments in Crimea after Russia annexed the region.
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July 17, 2024
Airport Contractor Seeking $91M Asks Court To Approve Service To Peru
WASHINGTON, D.C. — An Argentine investor and its Peruvian subsidiary on July 16 filed a motion in the U.S. District Court for the District of Columbia for issuance of a letter rogatory to serve the Republic of Peru notice of their petition to enforce an arbitral award worth more than $91 million for the unfair termination of an airport construction contract.
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July 17, 2024
9th Circuit Affirms $10M Award In Dispute Over Mexican Filmmaker’s Estate
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals affirmed an award worth $10 million against a Mexican film producer’s son and his companies, and in favor of the producer’s estate, companies and other children, after finding that evidence of fraud in related probate proceedings in Mexico was untimely introduced and could have been located earlier.
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July 17, 2024
Spanish Company Asks Court To Confirm $110M Award Against Venezuela
WASHINGTON, D.C. — A Spanish company on July 16 filed a petition in the U.S. District Court for the District of Columbia seeking to confirm a Permanent Court of Arbitration (PCA) tribunal’s award against the Bolivarian Republic of Venezuela worth more than $110 million for destroying its Venezuelan subsidiary through forced price-fixing and other improper state actions.
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July 16, 2024
English Panel Affirms Attorney Fees To Nigeria After Set-Aside Of $11B Award
LONDON — An English appellate panel granted an Irish-owned company’s application for permission to appeal an attorney fees award against it worth roughly 43 million British pounds sterling, which it was ordered to pay the Federal Republic of Nigeria for its costs incurred in obtaining the set-aside of an arbitral award worth more than $11 billion, but dismissed the company’s arguments that the fees should have been awarded in Nigerian currency.
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July 16, 2024
Judge Orders Arbitration Of Coverage Dispute Over Hurricane Ida Damages
BATON ROUGE, La. — A Louisiana federal judge granted a group of insurers’ motion to compel arbitration of claims brought against them by a commercial property owner seeking payment for damages from Hurricane Ida, finding under principles of equitable estoppel that the arbitration agreement is enforceable as to the domestic insurer as well as the foreign insurers.
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July 11, 2024
Indian Company Urges High Court To Review Minimum Contacts In $1.3B Award Row
WASHINGTON D.C. — A liquidated Indian satellite company filed a petition for a writ of certiorari to the U.S. Supreme Court urging it to review the Ninth Circuit U.S. Court of Appeals’ ruling on the applicability of minimum contacts analysis to jurisdiction over a foreign entity, writing that the Ninth Circuit’s precedent on this issue is wrong and was improperly applied in a ruling reversing the confirmation of a $1.3 billion arbitral award in its favor.
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June 28, 2024
4th Circuit Affirms Judgments Confirming $3.6M Awards In Chinese Real Estate Row
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on June 27 affirmed a federal court’s $3.6 million judgment enforcing arbitral awards against a real estate investor in Maryland after finding that the forum was proper and the judgment won’t cause conflict with Chinese currency control laws and in a separate ruling denied the investor’s motion to vacate the monetary award.
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June 28, 2024
High Court Overrules Chevron Deference, Changes Standard For Regulatory Review
WASHINGTON, D.C. — The U.S. Supreme Court on June 28 voted 6-3 to overrule the doctrine of Chevron deference as incompatible with the Administrative Procedure Act (APA) in two cases arising out of federal fishing regulations, changing governing precedent for federal courts reviewing agencies’ regulatory actions.
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June 25, 2024
ICSID Rejects Canadian Gold Mining Investor’s $180M Claim Against Colombia
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on June 24 published a tribunal’s award in which it found jurisdiction over a Canadian gold mining company’s claims against the Republic of Colombia for more than $180 million in damages but rejected its claims that Colombia expropriated its investment by imposing environmental restrictions on its mining activities.