Mealey's International Arbitration

  • March 29, 2017

    Judge Confirms $1.2B ICSID Award, Dismisses Venezuela's Motion To Vacate

    WASHINGTON, D.C. — A District of Columbia federal judge on March 25 granted a Canadian mining company's petition to confirm a $1.2 billion arbitral award issued by an international tribunal, rejecting the Republic of Venezuela's challenges to the award (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 16-0661, D. D.C., 2017 U.S. Dist. LEXIS 43697).

  • March 27, 2017

    PCA To Co-Host International Energy Forum In Brussels

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on March 21 announced that it is co-organizing a forum called “Mobilising Investments for a Sustainable Energy Future," which will be hosted by the International Energy Charter in Brussels, Belgium.

  • March 24, 2017

    Judge Refuses To Compel Arbitration Of Investor’s Claims In China

    WILMINGTON, Del. — A Delaware federal judge on March 22 denied a motion filed by several companies to compel arbitration of claims asserted by an investor in relation to supply and operating agreements, finding that neither of the arbitration provisions in the contracts applies to his claims (Pei Chuang v. OD Expense, et al., No. 1:16-cv-00915, D. Del., 2017 U.S. Dist. LEXIS 40913).

  • March 24, 2017

    PCA Releases Annual Report, Announces Increase In Arbitrations

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on March 23 released its 2016 annual report announcing an increase in new arbitration requests and in administered cases. 

  • March 23, 2017

    Energy Firm Says It Will File SIAC Arbitration Over Shares In Mine

    SUBIACO, Western Australia — An Australian energy firm on March 23 announced that it will commence arbitration with the Singapore International Arbitration Centre (SIAC) against a uranium holding company, asserting claims related to a notice requesting that it determine the value of its shares in a mine. 

  • March 23, 2017

    English Oil Company Commences Treaty Arbitration Against Italy

    LONDON— An English exploration company on March 23 announced that it has commenced arbitration against the Republic of Italy, asserting that it breached the Energy Charter Treaty (ECT).

  • March 22, 2017

    ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).

  • March 21, 2017

    ICSID Finds Pakistan Violated Treaty, Will Proceed To Damages Phase

    TORONTO — The owner of a joint copper mining venture on March 21 said the International Centre for Settlement of Investment Disputes (ICSID) has found that the Islamic Republic of Pakistan violated a treaty in relation to a dispute over mining licenses. 

  • March 21, 2017

    Judge Confirms $5.7M Award For UEA Food Products Distributor

    NEW YORK — A New York federal judge on March 17 confirmed a $5,733,023 arbitral award issued in favor of a United Arab Emirates (UAE) company in a dispute over the termination of a food distribution agreement, but refused to award it sanctions, finding that the other party's motion to vacate the award was not frivolous (Al Maya Trading Establishment v. Global Export Marketing Co. Ltd., No. 16-CV-2140, S.D. N.Y., 2017 U.S. Dist. LEXIS 39192).

  • March 20, 2017

    Judge Finds Asbestos Claims Against English Insurer Related To Arbitration Clause

    NEW ORLEANS — A Louisiana federal judge on March 16 found that an English insurer's removal of a former machinist's asbestos-related claims from a state court was appropriate, finding that the dispute could relate to an underlying arbitration agreement contained in an insurance policy (James Edward O'Connor v. Maritime Management Corp., et al., No. 16-16201, E.D. La., 2017 U.S. Dist. LEXIS 37798).

  • March 16, 2017

    Judge Compels Arbitration Of Chef's Injury-Related Claims Against Ship Owner

    MIAMI — A Florida federal judge on March 13 compelled arbitration of a sous chef's injury-related claims against the owner of a ship, finding that they directly related to an underlying mandatory arbitration provision in her employment contract but remanded her claims against another vessel owner to a state court for lack of jurisdiction (Linnea Wexler v. Solemates Marine Ltd., et al., No. 16-cv-62704, S.D. Fla., 2017 U.S. Dist. LEXIS 36376).

  • March 15, 2017

    Panel Awards California Electric Company $125M For Defective Generators

    ROSEMEAD, Calif. — Southern California Edison (SCE) on March 13 announced that an international arbitration tribunal has issued an award in a dispute over defective generators that were built for use at a nuclear plant, awarding SCE $125 million in damages.

  • March 15, 2017

    Tata And Docomo Seek Stay Pending Approval Of Settlement By Indian Court

    NEW YORK— In a joint statement filed with the U.S. District Court for the Southern District of New York, an Indian telecommunications provider on March 13 said that it will pay a Japanese telecommunications company a $1.7 billion arbitral award pursuant to a settlement and requested that the case be stayed pending approval of the agreement between the parties by an Indian court (NTT Docomo Inc. v. Tata Sons Limited, No. 1:16-cv-7809, S.D. N.Y.).

  • March 10, 2017

    PCA Issues Jurisdictional Award In Treaty Arbitrations Against Russia

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on March 9 announced that it has issued an interim award in two cases in which investors assert claims against the Russian Federation for violation of a bilateral investment treaty, ruling on issues of jurisdiction and admissibility (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).

  • March 9, 2017

    Kyrgyz Republic Applies To English Court To Set Aside PCA Award

    TORONTO — A Canadian energy company on March 8 said the Kyrgyz Republic has filed an application with an English court, seeking to set aside a jurisdictional award that was issued in favor of the company by an international arbitral tribunal.  

  • March 7, 2017

    2nd Circuit Grants Petition For Rehearing In Enforcement Case

    NEW YORK — The Second Circuit U.S. Court of Appeals on March 2 granted a petition for rehearing filed by defendants in an action to confirm a $48 million arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration for the purpose of correcting its previous instructions to the district court with instructions that the district court apply New York law to the remaining issues of the case (CBF Industria de Gusa S/A, et al. v. Amci Holdings Inc., No. 15-1133, 15-1146, 2nd Cir., 2017 U.S. App. LEXIS 3815).

  • March 2, 2017

    Judge Finds Claims Could Relate To International Arbitration Agreement

    BOSTON — A Massachusetts federal judge on Feb. 28 refused to dismiss an action filed by a United Arab Emirates (UAE) company, which is seeking payments related to a $62 million arbitral award, finding that  the underlying claims could potentially be affected by an arbitration agreement (Cerner Middle East Limited v. Ahmed Saeed Mahmoud Al-Badie Al-Dhaheri, et al., No. 16-11984, D. Mass, 2017 U.S. Dist. LEXIS 27954).

  • March 2, 2017

    ICSID Refuses To Stay Case Pending Court's Ruling On Petition To Vacate

    WASHINGTON, D.C. — An arbitrator for the International Centre for Settlement of Investment Disputes (ICSID) on March 1 released a decision in which he refused a request filed by investors in a luxury development in Costa Rica to stay an arbitration pending the outcome of their petition in a U.S. federal court to set aside an award, finding that a stay of the arbitration would prejudice the Republic of Costa Rica (Aaron C. Berkowitz, et al. v. The Republic of Costa Rica, No. UNCT/13/2, ICSID).

  • March 1, 2017

    Ontario Court Enforces $22M Award Against Republic Of Kyrgyzstan

    TORONTO — An energy firm on Feb. 28  announced that a Canadian court has recognized and enforced an arbitral award issued pursuant to the United Nations Commission on International Trade Law (UNCITRAL) against Republic of Kyrgyzstan. 

  • February 27, 2017

    Permanent Court Of Arbitration Enters Host Agreement With Malaysia

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Feb. 10 announced that it has signed a host country agreement with Malaysia.