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Mealey's International Arbitration

  • February 20, 2019

    ICSID Refuses To Allow Coalition To Make Submission In Mining Dispute

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 19 released its order denying a petition filed by a coalition of nonprofit organizations to file a submission in an arbitration commenced by a precious metals exploration company against the Republic of Colombia over alleged investments in its mining sector, holding that the coalition has no significant interest in the case and would not provide the tribunal with any new information or perspective (Eco Oro Minerals Corp. v. Republic of Colombia, No. ARB/16/41, ICSID).

  • February 19, 2019

    D.C. Circuit Affirms Confirmation Of $1.2B Award, Sanctions Venezuela

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on Feb. 14 affirmed a district court’s order confirming a $1.2 billion arbitral award, rejecting all of Venezuela’s arguments challenging the award and ordering it to pay sanctions for filing a meritless emergency motion to stay (Crystallex International Corporation v. Bolivarian Republic of Venezuela, No. 17-7068, D.C. Cir., 2019 U.S. App. LEXIS 4611).

  • February 19, 2019

    PCA Issues Awards, Holds Russia Expropriated Investments In Crimea

    THE HAGUE, Netherlands — A tribunal for the Permanent Court of Arbitration (PCA) on Feb. 15 announced that it has issued partial awards in two arbitrations commenced against the Russian Federation in which claimants alleged that Russia expropriated their investments in a banking business and in an airport in Crimea (JSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).

  • February 15, 2019

    Magistrate Judge Recommends Confirmation Of Award For Ukrainian Chemical Plant

    NEW YORK — After a petroleum company failed to challenge the confirmation of a $937,000 arbitral award issued in favor of a Ukraine-owned chemical plant, a New York federal magistrate judge on Feb. 12 recommended that a district court enter an order enforcing the award (State Enterprise Research-Industrial Complex ‘Pavlograd Chemical Plant’ v. Petroleum & Materials LLC, No. 2:18-cv-02510, E.D. N.Y.).

  • February 14, 2019

    Company Seeks Payment Of $500M ICSID Award From Venezuela’s Subsidiaries

    WILMINGTON, Del. — A Netherlands company on Feb. 11 sued the Bolivarian Republic of Venezuela and its subsidiaries in Delaware federal court, asking the court to declare the subsidiaries to be the alter egos of Venezuela and order them to pay more than $500 million to satisfy an arbitral award issued in its favor by the International Centre for Settlement of Investment Disputes (ICSID) (Oi European Group B.V. V. Bolivarian Republic Of Venezuela, et al., No. 1:19-cv-290, D. Del.).

  • February 13, 2019

    Botswana Appeals Court Compels Arbitration Of Mining Dispute To LCIA

    MOSCOW — A Russian mining and metallurgical company on Feb. 13 said a court has ordered that a dispute over the sale of mining interests between it and a Botswana entity should be adjudicated by a London arbitral panel. 

  • February 12, 2019

    Judge Stays Case Against Cruise Line Pending Philippine Court Ruling

    MIAMI — A Florida federal judge on Feb. 8 granted a widow’s request to stay a lawsuit filed in relation to her husband’s death on a cruise ship pending the outcome of an appeal of an arbitration award in a Philippine court, holding that the outcome of that case will determine whether the cruise line’s motion to compel another arbitration should be granted (Ben Buenaventura v. NCL [Bahamas] Ltd., et al., No. 1:18-cv-22922, S.D. Fla.).

  • February 7, 2019

    Arbitration Of Environmental Coverage Dispute Is Appropriate, Judge Says

    NEWARK, N.J. — A New Jersey federal judge on Feb. 6 granted a motion to compel arbitration in an environmental contamination coverage dispute after determining that arbitration is appropriate because the dispute involves international commercial agreements and the policies at issue included a valid arbitration provision (Cornell-Dubilier Electronics, Inc. v. Allianz Versicherungs Ag, et al., No. 18-15947, D. N.J., 2019 U.S. Dist. LEXIS 19045).

  • February 7, 2019

    Judge Grants Uzbekistan’s Request To Stay, Pending Appeal Of Award In Paris

    WASHINGTON, D.C. — After finding that numerous factors weighed in favor of staying a company’s petition to confirm a $13,026,908 arbitral award, including the risk of duplicative litigation in the United States, a District of Columbia federal judge on Feb. 6 granted the Republic of Uzbekistan’s alternative request to stay the case pending the outcome of an appeal in Paris (Gretton Ltd. v. Republic of Uzbekistan, No. 18-1755, D. D.C., 2019 U.S. Dist. LEXIS 18990).

  • February 6, 2019

    French Services Company Says ICSID Awarded It $83M In Arbitration With Hungary

    WASHINGTON, D.C. — A French food and other services company on Feb. 4 announced that an international tribunal has ordered Hungary to pay it $83,074,000 in an arbitration related to food voucher services (Sodexo Pass International SAS v. Hungary, No. ARB/14/20, ICSID).

  • February 5, 2019

    Company Says ICSID Will Soon Rule On Application To Annul Award For Indonesia

    WASHINGTON, D.C. — With the conclusion of a recent hearing, an English mining company on Feb. 5 said that it expects an ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) to issue a decision on its application to annul an award issued for the Republic of Indonesia in the near future (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).

  • February 4, 2019

    Australian Entity Asks D.C. Court To Confirm $19.9M Award Against Maldives

    WASHINGTON, D.C. — An Australian corporation hired to create and operate a border control system pursuant to a concession agreement filed a petition in a District of Columbia federal court on Jan. 30 to confirm a $19,949,585 arbitral award issued in its favor and against the government of the Republic of The Maldives (Platinum Blackstone Pty. Ltd. v. The Government of the Republic of The Maldives, No. 1:19-cv-00255, D. D.C.).

  • January 31, 2019

    French Court Upholds Venezuela’s Challenge To $1.28B Damages Award

    VANCOUVER, Canada — A Canadian mining company on Jan. 30 said a French appeals court has partially upheld the Bolivarian Republic of Venezuela’s challenge to an arbitral award issued in its favor, annulling a $1.28 billion damages award. 

  • January 31, 2019

    ICSID Issues Caseload Statistics, Reports Increase In New Cases Last Year

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 29 released its bi-annual 2018 ICSID caseload statistics, reporting an increase in new registered cases for the year. 

  • January 30, 2019

    9th Circuit Holds Arbitrator Exceeded Authority, Upholds Vacatur Of Award

    SAN FRANCISCO — After finding that an arbitrator ignored the terms of subcontracts for construction projects and exceeded his authority in holding that an Afghani contractor did not need to comply with the Federal Acquisition Regulation (FAR) because it was a less “sophisticated” contractor, a panel of the Ninth Circuit U.S. Court of Appeals on Jan. 28 affirmed a court’s vacatur of a $1,072,520 arbitral award (Aspic Engineering and Construction Company v. ECC Centom Constructors LLC, et al., No. 17-16510, 9th Cir., 2019 U.S. App. LEXIS 2774).

  • January 28, 2019

    Freshfields Appoints Partner As Head Of U.S. International Arbitration Group

    NEW YORK — Freshfields Bruckhaus Deringer on Jan. 24 said it has named a New York-based partner as the head of the firm’s U.S. International Arbitration Group.

  • January 28, 2019

    Three Crowns Promotes Arbitration Partners In 3 Office Locations

    LONDON — Global arbitration law firm Three Crowns on Jan. 16 announced that it has promoted three partners in its London, Paris and Washington, D.C., offices. 

  • January 17, 2019

    COMMENTARY: Issuance & Enforcement Of Arbitral Subpoenas Including Authority Of Panels To Conduct Third-Party Pre-Hearing Discovery

    By Debra J. Hall and Robert M. Hall

  • January 15, 2019

    COMMENTARY: Jurisdictional Considerations: A Global Guide To Arbitration, Europe

    By Raid Abu-Manneh and Rachael O'Grady

  • January 25, 2019

    ICSID Expands Hearing Facilities In D.C., Opens New Office Location

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 24 said that it is relocating its head office to a new location, expanding ICSID’s hearing facilities.