WASHINGTON, D.C. — An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 22 released its decision to deny a request by two entities to lift a stay of enforcement of a $48,619,578 arbitral award issued in their favor, continuing the stay until pending annulment proceedings filed by the Plurinational State of Bolivia are concluded (Quiborax S.A., et al. v. Plurinational State of Bolivia, ARB/06/02, ICSID).
LONDON — The Chartered Institute of Arbitrators (CIArb) on Feb. 22 announced that it has published new guidelines on the appointment of arbitrators.
WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari filed by the Czech Republic-Ministry of Health, which sought review of an appellate court decision that reversed the denial of a petition to confirm a $325 million arbitral award in favor of a Liechtenstein corporation (The Czech Republic-Ministry of Health v. Diag Human S.E., No. 16-620, U.S. Sup.).
NEW YORK — A group of London market reinsurers on Feb. 20 brought to the attention of a federal court in New York that the lead witness in a reinsurance arbitration has recently been convicted of conspiracy and securities and wire fraud (Certain Underwriting Members at Lloyd’s, London v. Insurance Company of the Americas, No. 16-cv-00323, S.D. N.Y.).
By Purvin N. Patel
NOIDA, India — An Indian toll bridge company on Feb. 17 said it has initiated arbitration proceedings against a development authority, asserting claims for breach of a concession agreement.
VIENNA— The United Nations on Feb. 14 announced that Iraq has signed the United Nations Convention in Transparency in Treaty-based Investor-State Arbitration.
TACOMA, Wash.— A Washington federal judge on Feb. 14 granted a motion filed by a United Arab Emirates (UAE) company and another entity to dismiss claims related to an underlying dispute under a medical services software agreement, finding that removal of the case was proper because it related to an international arbitral award and that a plaintiff failed to prove its alter-ego theory (Cerner Middle East Limited v. Belbadi Enterprises LLC, et al., No. 16-5706, W.D. Wash., 2017 U.S. Dist. LEXIS 20828).
SHARJAH, United Arab Emirates — A United Arab Emirates gas company on Feb. 14 announced that a London tribunal has issued an award in its favor, finding that the Kurdistan Regional Government of Iraq (KRG) breached an underlying agreement and delayed its progress in completing a project.
WASHINGTON, D.C. — A District of Columbia federal judge on Feb. 10 granted a petition to confirm a $16,666,677 international arbitral award issued in a dispute over an agreement for a construction project, finding that the Kingdom of Morocco failed to show that it was the primary jurisdiction for the case (Salini Costruttori S.p.A. v. Kingdom of Morocco, No. 14-cv-2036, D.D.C.; 2017 U.S. Dist. LEXIS 19044).
WASHINGTON, D.C. — After investors opted to not pursue any remaining claims against the Republic of Costa Rica in relation to their investments in a land development project, the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 10 issued an order terminating the case without prejudice (Spence International Investments, et al. v. Republic of Costa Rica, No. UNCT/13/2, ICSID).
PARIS — After rejecting grounds for reconsideration of a liability ruling submitted by the Republic of the Ecuador, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 9 released its award on damages in a case filed by a group of resource companies, awarding them $379,802,267 for breaches of a bilateral investment treaty (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).
WASHINGTON, D.C.— A District of Columbia federal judge on Feb. 6 granted a petition to enforce a judgment confirming a $20,106,100 arbitral award that was issued in London in favor of two companies, finding that actions taken by the government of Belize to prohibit enforcement do not affect the district court's jurisdiction (BCB Holdings Limited, et al. v. The Government of Belize, No. 14-1123, D. D.C., 2017 U.S. Dist. LEXIS 17070).
NEW YORK — A federal judge in New York on Feb. 7 granted an insurer’s motion to stay a $5.4 million reinsurance dispute and compel a European reinsurer to the arbitration table, holding that the reinsurer cannot avoid an arbitration clause in a reinsurance agreement by arguing that the reinsurance agreement is void (HDI Global SE v. Lexington Insurance Company, No. 16-cv-07241, S.D. N.Y.).
LONDON — A U.K. oil and gas company on Feb. 7 said an international arbitral tribunal has issued an award on its treaty claims against Ukraine, awarding it $11.8 million in damages related to royalties and production taxes its subsidiary paid.
NEW YORK — A reinsured insurer argues in a Feb. 3 brief in a federal court in New York that since a German reinsurer is challenging an agreement as a whole and not the arbitration clause, the parties’ dispute regarding the validity of a reinsurance agreement should be left to arbitrators to decide (HDI Global SE v. Lexington Insurance Company, No. 16-cv-07241, S.D. N.Y.).
MOBILE, Ala. — An Alabama federal judge on Feb. 3 granted a French energy company's motion to compel arbitration in Germany of claims asserted by numerous insurers in relation to a failed engine (Outokumpu Stainless USA LLC, et al. v. Converteam SAS, a foreign corporation now known as GE Energy Conversion France SAS, Corp., No. 16-00378, S.D. Ala., 2017 U.S. Dist. LEXIS 15331).
WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 1 released its award in an arbitration commenced by a U.K. investor in relation to a contract for the construction of highway bridges and overpasses, ordering Turkmenistan to pay the company $2,892,400 in damages and costs, plus interest (Garanti Koza LLP v. Turkmenistan, No. ARB/11/20, ICSID).
PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Jan. 26 affirmed a district court's dismissal of a property owner's foreclosure-related claims against various banks and lenders, finding that he failed to state a plausible claim for relief (Cris J. Markey v. Bank of America, N.A., et al., No. 13-17157, 9th Cir., 2017 U.S. App. LEXIS 1412).
NEW YORK — A Second Circuit U.S. Court of Appeals panel on Jan. 31 affirmed a lower court’s confirmation of a number of international arbitration awards, finding that the arbitration umpire did not exhibit evident partiality to a retrocessional reinsurer (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 16-1267, 2nd Cir., 2017 U.S. App. LEXIS 1686).