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Mealey's International Arbitration

  • October 18, 2018

    Judge Holds Brazilian Entity Can Pursue Enforcement Of Award In Florida

    MIAMI — After holding that a Brazilian resident had sufficient contacts to subject him to jurisdiction in Florida, a federal judge on Oct. 16 refused to dismiss a petition to confirm an arbitral award issued against him in Brazil (Sequip Participaçôes S.A. V. Paulo Roberto Franco Marinho, No. 15-23737, S.D. Fla.).

  • October 17, 2018

    Timor-Leste Entity Files ICC Case Over Product Sharing Agreement

    PERTH, Australia — An Australian oil company on Oct. 17 said the company responsible for regulating Timor-Leste’s petroleum and mining activities has commenced arbitration against it in Singapore. 

  • October 16, 2018

    ICSID Issues Award, Dismisses $100M Damages Claim Over Resort In Panama

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 12 entered an award in an arbitration commenced by a group of Costa Rican and Netherlands investors in a hotel and residential resort, dismissing the case against the Republic of Panama for lack of jurisdiction (Álvarez y Marín Corporación S.A. and others v. Republic of Panama, No. ARB/15/14, ICSID).

  • October 16, 2018

    Texas Judge Affirms $293M Asbestos Arbitration Award Against Ireland-Based Eaton

    HOUSTON — A Texas judge said Oct. 12 that he would adopt a $293 million arbitration award for Pepsi-Cola Metropolitan Bottling Co. in its asbestos case against Dublin, Ireland-based Eaton Co.’s Cooper Industries, sources told Mealey Publications (Pepsi-Cola Metropolitan Bottling Co v. Cooper Industries, No. 201177606, Texas Dist., Harris Co.).

  • October 12, 2018

    Gold-Mining Firm Says Venezuela Will Pay It $1.28B To Settle Award

    VANCOUVER, Canada — A Canadian gold-mining company on Oct. 12 said the Bolivarian Republic of Venezuela has agreed to pay it $1.28 billion for full release of an international arbitration award and in exchange for mining data. 

  • October 11, 2018

    Ghana Pays PCA Award; Parties Agree To Drop Appeals In D.C. Circuit

    WASHINGTON, D.C. — A satisfaction of judgment was entered Oct. 11 in a District of Columbia federal court after the Republic of Ghana paid an energy firm $13,678,263.30 and agreed to drop its appeal of an order confirming the award (Balkan Energy Limited, et al. v. Ghana, No. 1:17-cv-00584, D. D.C.).

  • October 11, 2018

    ICSID Allows European Commission To Intervene On Jurisdictional Question

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 9  released its decision partially granting a request by the European Commission (EC) to intervene in an arbitration commenced against the Republic of Estonia, allowing it to make a submission regarding a jurisdictional issue and holding that the submission could bring additional perspective to the case that has not been submitted by the parties (United Utilities [Tallinn] B.V., et al. v. Republic of Estonia, No. ARB/14/24, ICSID).

  • October 10, 2018

    PCA Enters Cooperation Agreement With British Virgin Islands Arbitration Centre

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Oct. 9 announced that it has reached a cooperation agreement with the British Virgin Islands International Arbitration Centre (BVI IAC).  

  • October 10, 2018

    Nigeria Appeals Decision Ordering It To Oppose Confirmation Of $6.5B Award

    WASHINGTON, D.C. — The Federal Republic of Nigeria and a Nigerian ministry on Oct. 5 appealed a judge’s ruling that ordered them to submit all arguments on jurisdiction and the merits in an opposition to a petition to confirm a $6,597,000,000 award to the District of Columbia Circuit U.S. Court of Appeals and denied a request for an initial determination on sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) before briefing (Process And Industrial Developments Limited v. Federal Republic Of Nigeria, et al., No. 1:18cv594, D. D.C.).

  • October 9, 2018

    Russian Investor Challenges Ukraine’s Appeal Of Decision Upholding $112M Award

    WASHINGTON, D.C. — A Russian company on Oct. 4 filed its appellee brief in response to an appeal by the Ukraine in the District of Columbia Circuit U.S. Court of Appeals, arguing that a district court did not err when it refused to dismiss its petition to confirm a $112 million arbitral award and in rejecting its jurisdictional and forum non conveniens challenges (PAO Tatneft v. Ukraine, No. 18-7057, D.C. Cir.).

  • October 8, 2018

    Judge Refuses To Vacate Default Ruling On Petition To Confirm $27M Award

    NEW YORK — A New York federal judge on Sept. 30 refused to vacate a default ruling that resulted in the confirmation of an international arbitration award in 2000, which was also confirmed in a renewal action in the amount of $27,405,766, but ordered additional briefing on whether a Moldovan entity is the “alter ego” of Moldova pursuant to the ruling in  First National City Bank v. Banco Para El Comercio Exterior de Cuba, 462 U.S. 611 (1983) (Gater Asssets Ltd. v. AO Gazsnabtranzit, et al., No. 16-cv-04118, S.D. N.Y., 2018 U.S. Dist. LEXIS 171350).

  • October 4, 2018

    Solar Energy Firm Seeks Confirmation Of $74.2M ICSID Award Against Spain

    WASHINGTON, D.C. — A Netherlands solar energy firm on Sept. 28 filed a petition in a District of Columbia federal court, seeking confirmation of a $74,271,750 international arbitral award issued in its favor over investments in concentrated solar power projects made in the Kingdom of Spain (Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain, No. 1:18-cv-02254, D. D.C.).

  • October 3, 2018

    ICSID Holds Meeting Of Delegates To Discuss Proposed Rule Amendments

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Sept. 28 announced that a meeting of member states was held to discuss proposed amendments to the ICSID Rules.

  • October 2, 2018

    Judge Rejects Guatemala’s Motion To Dismiss Petition To Confirm ICSID Award

    WASHINGTON, D.C. — After holding that the Republic of Guatemala’s argument that an award issued by an international tribunal was annulled failed, a District of Columbia federal judge on Sept. 30 agreed with a holding company that the relevant award was not null and refused to dismiss its petition to confirm (TECO Guatemala Holdings, LLC v. Republic of Guatemala, No. 17-102, D. D.C., 2018 U.S. Dist. LEXIS 168518).

  • September 26, 2018

    Judge Appoints Receiver To Handle Property Sale For Payment Of ICC Award

    NEW YORK — A New York federal judge on Sept. 25 granted a request made by a company for the appointment of a receiver to assist with the sale of a $3 million property, which will be used to satisfy an award issued in its favor by the International Chamber of Commerce’s International Court of Arbitration (the ICC) (BSH Hausgerate GMBH v. Jak Kamhi, No. 17-5776, S.D. N.Y., 2018 U.S. Dist. LEXIS 164410).

  • September 25, 2018

    Court Vacates Dismissal, Holds Indian Courts Can Hear Award Challenge

    NEW DELHI, India — The Supreme Court of India on Sept. 25 allowed an appeal by the Union of India (UOI), vacating a decision that the courts of India lacked jurisdiction to hear its challenge to an arbitral award issued in favor of an exploration company over the revocation of an exploration license (Union of India v. Hardy Exploration and Production, No. 4628 OF 2018, India Sup.).

  • September 24, 2018

    Judge Vacates Order Compelling Arbitration, Allows Additional Discovery

    ST. CROIX, Virgin Islands — A Virgin Islands federal judge on Sept. 21 vacated a magistrate judge’s order compelling arbitration in Panama of a dispute related to a contract for air conditioning systems in a shopping mall and held that discovery on the issue of whether the parties intended for the contract to be binding on them is needed (Sunshine Shopping Center Inc., d/b/a Sunshine Mall v. LG Electronics Panama, S.A., et al., No. 2015-0041, D. Virgin Islands, 2018 U.S. Dist. LEXIS 161884).

  • September 24, 2018

    Withers Hires New International Arbitration Partner In New York

    NEW YORK — Withersworldwide on Sept. 4 announced that an international arbitration partner has joined the firm’s New York office.

  • September 24, 2018

    Judge Enters Default For Sultanate, Confirms $5.6M ICSID Award

    BOSTON — After an investor in an Oman limestone quarry failed to defend a petition to confirm an international arbitral award issued in favor of the Sultanate of Oman, a Massachusetts federal judge on Sept. 18 entered a default ruling and ordered him to pay $5,691,604.61 (The Sultanate of Oman v. Al Tamimi, No. 1:18cv11291, D. Mass.).

  • September 11, 2018

    COMMENTARY: Non-Judicial Appeals from Arbitration Awards: A Way To Alleviate Concerns About The Finality Of Arbitration

    By Jessica E. Sabbath