Mealey's International Arbitration

  • April 25, 2018

    ICSID Denies Chile’s Request To Lift Stay Requiring Payment Of Costs

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on April 24 released an award in which a committee rejected a request by the Republic of Chile that a stay of enforcement of an award be lifted, requiring the former owner of a newspaper seized by the Chilean military to pay the costs of the award despite a pending annulment proceeding, but ordered that certain parts of the award were binding and could not be stayed (Victor Pey Casado and Foundation Presidente Allende v. Republic of Chile, No. ARB/98/2, ICSID).

  • April 24, 2018

    Investor Seeks $305M From Dominican Republic In UNCITRAL Arbitration

    THE HAGUE, Netherlands — A Jamaican investor on April 6 commenced an international arbitration against the Dominican Republic, seeking $305 million in damages caused by the state’s alleged treaty violations and expropriation of his investment in a landfill (Michael Anthony Lee-Chin v. The Dominican Republic, PCA).

  • April 24, 2018

    Partner Specializing In International Arbitration Joins Arnold & Porter

    LONDON — Arnold & Porter on April 16 announced that it has hired a partner in the competition/antitrust practice who specializes in international commercial and investor state arbitration. 

  • April 20, 2018

    Panel Rejects Halliburton’s Appeal, Holds Insurer’s Arbitrator Was Not Biased

    LONDON — An England and Wales appeals panel on April 19 rejected an appeal filed by Halliburton Co. of a judge’s refusal to remove an insurer’s arbitrator, finding that although the arbitrator failed to disclose his involvement in other cases involving the insurer, the arbitrator was not biased (Halliburton Co. v. Chubb Bermuda Insurance Ltd., et al., No. [2018] EWCA Civ 817, England and Wales App.).

  • April 19, 2018

    Judge Confirms Award, Holds UAE Film Company Was Properly Served

    LOS ANGELES — A California federal judge on April 17 granted a motion filed by two film companies to confirm an international arbitral award issued in relation to distribution agreements, finding that a United Arab Emirates (UAE) company was properly served (Voltage Pictures LLC, et al. v. Gulf Film LLC, No. 18-00696, C.D. Calif.).

  • April 19, 2018

    Netherlands Entity Asks Judge To Require Venezuela To Post Security

    WASHINGTON, D.C. — A Netherlands company on April 9 moved a District of Columbia federal court for an order modifying the stay of its petition to confirm a $491,081,701 arbitral award pending annulment proceedings, requesting that the court require the Bolivarian Republic of Venezuela to post a bond to continue the stay (OI European Group B.V. v. Bolivarian Republic of Venezuela, No. 1:16-cv-01533, D. D.C.).

  • April 18, 2018

    COMMENTARY: Situs Berytus Or Reasons To Choose Beirut As Place Of Arbitration

    By Myriam G. Eid

  • April 18, 2018

    United Nations Says Bolivia Has Signed Mauritius Convention On Transparency

    VIENNA, Austria — The United Nations Information Service on April 17 announced that the Plurinational State of Bolivia has signed the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (the Mauritius Convention).

  • April 17, 2018

    Indonesia Asks ICSID To Terminate Stay Of Award Dismissing Case

    WASHINGTON, D.C. — The Republic of Indonesia on April 13 filed a request with the International Centre for Settlement of Investment Disputes (ICSID) to terminate the stay of the enforcement of an award that was issued in its favor, pending the outcome of an English mining company’s annulment proceeding (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).

  • April 16, 2018

    LCIA Says It Received 285 Arbitration Referrals In 2017 Report

    LONDON — In an effort to demonstrate its continued commitment to transparency, the London Court of International Arbitration (LCIA) on April 10 released its casework report for 2017. 

  • April 12, 2018

    Federal Judge Confirms ICC Award Issued In Korean Satellite Dispute

    NEW YORK — A New York federal judge on April 10 denied a petition filed by a Korean satellite communications company to vacate an arbitral award, granting a cross-petition filed by two Hong Kong broadcasting companies to confirm the award (KT Corporation, et al. v. ABS Holdings Ltd., et al., No. 17-7859, S.D. N.Y., 2018 U.S. Dist. LEXIS 60802).

  • April 10, 2018

    Venezuela Opposes Mining Company’s Request To Attach Assets Under The FSIA

    WASHINGTON, D.C. — The Republic of Venezuela on April 5 responded to a mining company’s request for an order allowing it to attach Venezuela’s assets in the United States to satisfy a judgment confirming a $966.5 million arbitral award, arguing that not enough time has elapsed pursuant to the Foreign Sovereign Immunities Act (FSIA) and that it has no substantial assets in other districts (Rusoro Mining Limited v. Bolivarian Republic of Venezuela, No. 16-cv-02020, D. D.C.).

  • April 9, 2018

    COMMENTARY: E-disclosure Bytes – Managing ESI In International Commercial Arbitration

    By Louis A. Russo and Oliver E. Twaddell

  • April 6, 2018

    Federal Judge Refuses To Vacate Award Issued Under Panamanian Law

    MIAMI — After finding that an arbitration award issued pursuant to Panamanian law did not violate U.S. public policy, a Florida federal judge on April 4 denied a cruise line worker’s petition to vacate the award (Sladjana Cvoro v. Carnival Corporation, d/b/a Carnival Cruise Lines, No. 16-21559, S.D. Fla., 2018 U.S. Dist. LEXIS 57836).

  • April 5, 2018

    $6.9 M Award For Liberian Mining Company Confirmed By Federal Judge

    ALEXANDRIA, Va. — After a Seychelles company failed to respond to a petition to confirm an arbitral award, a Virginia federal judge on April 3 entered a default judgment in favor of a Liberian mining company and confirmed the $6,990,626 award (Bea Mountain Mining Corporation v. International Construction & Engineering [Seychelles], No. 1:17-cv-1374, E.D. Va.).

  • April 5, 2018

    Sudan Becomes 159th State To Accede To New York Convention, U.N. Says

    VIENNA, Austria — The United Nations Commission on International Trade Law on April 3 announced that Sudan has acceded to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. 

  • April 4, 2018

    Panel Issues Award In Arbitration Commenced By Greek Ministry

    VANCOUVER, Ontario — A Canadian gold producer on April 4 said a Greek arbitral panel has issued an award in an arbitration commenced by a Greek ministry in relation to whether a technical study for a metallurgical plant was deficient and violated environmental terms. 

  • April 3, 2018

    COMMENTARY: When Strategies Go Awry: Part 6 In A Series On Cognitive Biases And Their Impact

    By Laura A. Frase

  • April 3, 2018

    Judge Stays Case Pending Appeal Of Order Refusing To Enforce $14M Award

    FORT MYERS, Fla. — A Florida federal judge on March 29 refused to dismiss an investment company’s claims that two Brazilian citizens fraudulently transferred property in an attempt to avoid paying a $14 million arbitral award, staying the case pending the outcome of its appeal of a state court ruling that refused to enforce the award (Kozma Investmentos Ltd. v. Edson Pereira Duda, et al., No. 2:17-cv-306, M.D. Fla.).

  • April 3, 2018

    Federal Judge Enters Default, Confirms $1.38B ICC Award For Steel Supplier

    MINNEAPOLIS — After a Mauritius steel company failed to appear in an action seeking to enforce an international arbitral award, a Minnesota federal judge on April 2 granted a U.S. steel supplier’s petition to confirm the $1,380,991,356.04 award and granted an application for a default ruling (ArcelorMittal USA, LLC v. Essar Steel Ltd., No. 0:18-cv-00083, D. Minn.).