Chinese Mining Companies Ask 2nd Circuit To Rehear Bid To Vacate Award

(September 13, 2021, 1:38 PM EDT) -- NEW YORK — Three Chinese mining companies on Sept. 9 petitioned the Second Circuit U.S. Court of Appeals for rehearing en banc of their challenge to the confirmation of a tribunal’s award rejecting the companies’ claims against Mongolia for lack of jurisdiction under a bilateral investment treaty, asserting that the panel misapplied U.S. Supreme Court precedent in holding that the companies were not entitled to de novo review of the tribunal’s findings on arbitrability....