Mealey's International Arbitration

  • July 27, 2021

    ICSID Tribunal Rejects Latvia’s Intra-EU Objection To Bank Investors’ Claim

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal in a decision published July 22 said the Republic of Latvia’s pre-existing consent to arbitration under a bilateral investment treaty with U.K. investors is not precluded by recent European Union case law prohibiting arbitration between EU member states.

  • July 26, 2021

    Laos Can’t Freeze Funds From Idaho Property Sale To Pay $3.7M Award, Judge Rules

    POCATELLO, Idaho — A judge in Idaho federal court on July 20 denied the Lao People’s Democratic Republic motion for a preliminary injunction seeking to restrain entities that it alleges are alter egos of two arbitral award-debtors that were ordered to pay Laos approximately $3.7 million from transferring assets related to the sale of properties in Idaho, finding that Laos did not prove that the sales were fraudulent or that the entities will not be able to satisfy a potential judgment against them.

  • July 26, 2021

    Miner Says 3rd Circuit Lacks Jurisdiction Over Challenges To Venezuelan Share Sale

    PHILADELPHIA — A Canadian mining company argues in a July 22 appellee brief that the Third Circuit U.S. Court of Appeals lacks jurisdiction to review a Delaware federal court’s interlocutory orders that the Bolivarian Republic of Venezuela, its state-owned oil company Petróleos de Venezuela S.A. (PDVSA) and affiliated entities begin preparing for an oil share sale to satisfy an arbitral award against Venezuela worth more than $1.4 billion.

  • July 26, 2021

    Section 1782 Challenge Not Moot Despite Hearing’s End, High Court Told

    WASHINGTON, D.C. — A New York parts maker tells the U.S. Supreme Court in a July 21 reply brief that its case is not moot although its challenge arose from an application for discovery for use in an arbitral hearing that concluded in May and also argues that a recent appellate ruling shows the “inconsistencies” caused when the statute governing discovery in aid of foreign proceedings is treated as inapplicable to private commercial tribunals.

  • July 02, 2021

    COMMENTARY: Singapore International Commercial Court—New Rules, More Control—Faster, Cheaper?

    By Cameron Ford, Christopher Bloch and Alvin Yap

  • July 23, 2021

    Judge: Pakistani Province Can’t Raise Corruption Argument In Mining Dispute

    LONDON — A London judge on July 6 ruled that the Province of Balochistan in Pakistan is precluded from raising corruption allegations in its challenge to an arbitral tribunal’s finding of jurisdiction over its arbitral dispute with an Australian mining joint venture regarding the denial of an application for a mining exploration license, for which the joint venture previously won an arbitral award worth more than $6 billion against Pakistan in a separate arbitration.

  • July 22, 2021

    App Maker Can’t Spend Assets Pending Hong Kong Arbitration, Court Rules

    SAN FRANCISCO — A California federal judge on July 20 denied a mobile app-making company’s motion to vacate a previously issued preliminary injunction barring it from spending assets in a California bank pending the outcome of a shareholder’s arbitration in Hong Kong against the app-maker, writing that 16 of its employees, including the founder, have pleaded guilty in Chinese court to related criminal charges.

  • July 22, 2021

    Indian Company Says 9th Circuit Contradicted High Court In 2nd Bid For Rehearing

    SAN FRANCISCO — An Indian incense company on July 21 again petitioned the Ninth Circuit U.S. Court of Appeals for panel rehearing or rehearing en banc after a split panel for the second time ruled that the company as nonsignatory to an arbitration agreement cannot rely on doctrines of equitable estoppel to compel arbitration with a former partner and his company.

  • July 21, 2021

    Creditors Say Kazakhstan’s Diplomatic Property Attachable Due To Commercial Use

    WASHINGTON, D.C. — A group of Moldovan investors and their businesses on July 19 filed an emergency motion for relief in a District of Columbia federal court, alleging that the Republic of Kazakhstan is illegally using a diplomat’s residence for commercial purposes and asking the court to attach the property, block its sale or require that any proceeds if it is sold be placed in escrow to pay off an arbitral award against Kazakhstan now worth more than $556.5 million with interest.

  • July 21, 2021

    TRO Remains In Effect; Appeal Stay Should Too, Bermuda Reinsurer Tells 2nd Circuit

    NEW YORK — In a July 16 status letter, a Bermuda reinsurer notified the Second Circuit U.S. Court of Appeals that its appeal related to the confirmation of a $524 million arbitration award issued in favor of a Puerto Rico life insurer in a dispute over alleged improper asset divestments for a reinsurance trust should remain stayed because a temporary restraining order in the reinsurer’s bankruptcy proceeding remains in effect.

  • July 20, 2021

    2nd Circuit Affirms Order Of Discovery For Arbitration Against Lithuania

    NEW YORK — A Second Circuit U.S. Court of Appeals panel on July 15 affirmed a district court’s ruling granting a Russian entity’s Section 1782 application for assistance obtaining discovery from a U.S. firm and its CEO for use in a treaty-based arbitration against Lithuania.

  • July 20, 2021

    Judge Won’t Reconsider Order Allowing Discovery In Nigerian Oil License Dispute

    WILMINGTON, Del. — A Delaware federal judge on July 15 declined to reconsider her earlier order allowing an Italian oil company to take discovery from Delaware entities funding a Nigerian law firm as it litigates an oil license dispute, writing that while litigation involving the parties in Italy recently ended, the oil company is still seeking the discovery for use in a pending international arbitration claim.

  • July 16, 2021

    Judge Says French Company May Begin Attaching Venezuelan Assets To Enforce $44M Award

    WASHINGTON, D.C. — A federal judge in the District of Columbia on July 13 granted a French company’s motion to begin attaching assets to enforce the District Court’s judgment for an arbitral award worth more than $44 million against the Bolivarian Republic of Venezuela and to register the judgment in other U.S. districts where Venezuela has assets, even though Venezuela is currently appealing the award’s confirmation.

  • July 14, 2021

    Australian Appellate Panel Sets Aside Award Due To Improperly Composed Tribunal

    SYDNEY, Australia — A Federal Court of Australia Full Court panel in rulings issued June 25 and June 29, just after the parties reached a settlement, said a lower court’s order of enforcement of an arbitral award against an Australian company and in favor of a Qatari company should be set aside because the tribunal was not constituted in accord with the underlying arbitration agreement.

  • July 14, 2021

    Law Firm Says Japanese Mogul ‘Boycotted’ Arbitration, Can’t Challenge $54M Award

    CHICAGO — A Chicago law firm argues in a July 2 appellee brief to the Seventh Circuit U.S. Court of Appeals that the court should affirm the confirmation of a $54 million award in its favor against a Japanese businessman whom the firm formerly represented, writing that the businessman was not prevented from presenting his case during the arbitration but was properly held in default after he “boycotted” a hearing.

  • July 13, 2021

    U.S. Casino Company Must Arbitrate COVID-19 Dispute With Insurer, Judge Says

    LONDON — An English justice on July 9 enjoined a casino company from suing its insurer in Nevada state court for a coronavirus-related business interruption indemnity claim after finding that the parties intended to agree to arbitrate disputes in London although the specific arbitration provision was accidentally omitted from the final policy.

  • July 09, 2021

    Shareholders Seeking To Enforce $120M Award Against India Say Airline Is Alter Ego

    NEW YORK — A group of Mauritian investors in an Indian company on June 28 filed a complaint seeking a declaration that an Indian state-owned airline is an “alter ego” of India against whom they can seek to enforce a Permanent Court of Arbitration (PCA) arbitral award worth more than $120 million for India’s abrupt termination of a satellite spectrum contract, which they are separately seeking to confirm in a District of Columbia federal court.

  • July 09, 2021

    Judge Vacates $187M Award Against Venezuelan Company Due To Improper Service

    MIAMI — A Florida federal judge on July 8 granted a Venezuelan iron ore producer’s motion to vacate the default confirmation of an arbitral award against it for more than $187 million in a contract dispute with a British Virgin Islands (BVI) commodities trading company, writing that the trading company did not properly effectuate service under the Foreign Sovereign Immunities Act (FSIA).

  • July 08, 2021

    Split 9th Circuit Panel Again Says Indian Incense Company Can’t Compel Arbitration

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals split panel on July 7 again ruled that an Indian incense company as nonsignatory to an arbitration agreement cannot rely on doctrines of equitable estoppel to compel arbitration with a former partner and his company, issuing a predominantly identical opinion to one the panel withdrew a month ago with the same dissenting judge writing that the case should be remanded for a choice-of-law analysis.

  • July 06, 2021

    French Company Urges D.C. Circuit To Uphold Affirmance Of Award Against Venezuela

    WASHINGTON, D.C. — A French company in a July 2 appellee brief urges the District of Columbia Circuit U.S. Court of Appeals to affirm a district court’s confirmation of an arbitral award more than $44 million against the Bolivarian Republic of Venezuela, arguing that Venezuela was properly served and that Venezuela in its brief and the United States as amicus curiae both misinterpret the Hague Service Convention.