Mealey's International Arbitration

  • February 21, 2018

    Ukraine Claims Russia Violated Maritime Rights In New PCA Arbitration

    KYIV, Ukraine — The Foreign Ministry of Ukraine on Feb. 19 announced that it has commenced arbitration against the Russian Federation with the Permanent Court of Arbitration (PCA), alleging that it has violated its maritime rights. 

  • February 20, 2018

    PCA Holds Merits Hearing In Arbitration Over Russian Banking Operations

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Feb. 19 said it has completed a hearing on the merits of an arbitration commenced by two financial institutions against the Russian Federation pursuant to the United Nations Commission on International Trade Law (UNCITRAL) (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).

  • February 16, 2018

    Mining Firm Replies To Indonesia In ICSID Annulment Case; Hearing Set

    WASHINGTON, D.C. — An English mining company on Feb. 16 said it has filed a reply to Indonesia’s opposition to a case in which the company seeks to annul an award issued by the International Centre for Settlement of Investment Disputes (ICSID), which dismissed its treaty claims related to a coal mining project (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).

  • February 15, 2018

    Judge Finds Arbitrator Exceeded Authority In Gold Mining Dispute, Vacates Award

    DENVER — After finding that an arbitrator exceeded his authority when he issued an award in a gold mining case, despite a Mexican judge’s ruling that found the underlying arbitration clause to be unenforceable, a Colorado federal magistrate judge on Feb. 13 recommended that a petition to confirm the award be denied and that the award be vacated (Goldgroup Resources Inc. v. DynaResource De Mexico, S.A., C.V., et al., No. 16–cv–02547, D. Colo.).

  • February 13, 2018

    Investors Ordered To Post Security Pending Challenge To Award For Pakistan

    LONDON — An England and Wales High Court justice on Feb. 9 ordered a group of Mauritius investors to post security costs in favor of the Islamic Republic of Pakistan in relation to the investors’ challenge of an arbitral award issued in Pakistan’s favor in a dispute over the sale of an energy gas company (Progas Energy Limited, et al. v. The Islamic Republic of Pakistan, No. [2008] EWHC 209 [Comm], England and Wales High, Comm.).

  • February 12, 2018

    Wholesale Company Seeks Confirmation Of Award In New York Federal Court

    NEW YORK — The purchaser of Russian chick peas that were never delivered pursuant to three contracts sued the seller of the product in a New York federal court on Feb. 9, seeking to confirm an English arbitral award issued in its favor (PKT Associates Inc. v. Granum Group LLC, No. 1:18-cv-01169, S.D. N.Y.).

  • February 9, 2018

    ICSID Tribunal President Resigns, BIT Case Against Romania Stayed

    LONDON — A Canadian mining company on Feb. 8 said the president of a tribunal hearing a treaty dispute over a mining project commenced against Romania has resigned Feb. 7, and the International Centre for Settlement of Investment Disputes (ICSID) has stayed the case until the vacancy is filled. 

  • February 8, 2018

    PCA To Determine Damages Owed By Canada In NAFTA Arbitration

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Feb. 6 announced that it will soon hold a hearing to determine the amount of compensation owed to a U.S. quarry developer by the government of Canada in an arbitration being conducted pursuant to the North American Free Trade Agreement (NAFTA) (Bilcon of Delaware, et al. v. Government of Canada, No. 2009-04, PCA).

  • February 8, 2018

    ICSID Rejects Application To Annul Award Dismissing Claims Against Venezuela

    WASHINGTON, D.C. — An ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 7 released its decision in a treaty arbitration commenced by a holding company against the Bolivarian Republic of Venezuela, rejecting the company’s application to annul an award in which the tribunal found that it lacked jurisdiction over the case (Venoklim Holding BV v. Bolivarian Republic of Venezuela, No. ARB/12/22, ICSID).

  • February 8, 2018

    COMMENTARY: When Strategies Go Awry: Part 4 In A Series On Cognitive Biases And Their Impact

    By Laura A. Frase

  • February 7, 2018

    ICSID Releases Updated Case Statistics, Reports An Increase In New Filings

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Feb. 2 released its ICSID Caseload – Statistics for last year, reporting an increase in new case filings.  

  • February 6, 2018

    Adocia Seeks $200M From Eli Lilly For Alleged Confidentiality Breaches

    LYON, France — A French biopharmaceutical company on Feb. 6 announced that it asserted additional claims in an arbitration commenced against Eli Lilly & Co. in relation to its alleged misappropriation of confidential information, seeking more than $200 million in damages. 

  • February 5, 2018

    Judge Refuses To Vacate ICSID Award, Sets Aside Default Ruling For Costa Rica

    WASHINGTON, D.C. — A District of Columbia federal judge on Jan. 23 refused to vacate an interim arbitral award issued in a dispute over beachfront real estate and vacated a default ruling entered against the Republic of Costa Rica, finding that Costa Rica was not properly served with the petition and that the award was not a final appealable judgment (Brett Berkowitz, et al. v. Republic of Costa Rica, No. 17-148, D. D.C., 2018 U.S. Dist. LEXIS 10873).

  • February 5, 2018

    New York Court Affirms Refusal To Compel Chinese Arbitration

    BROOKLYN, N.Y. — A New York appeals court on Jan. 31 affirmed a trial court’s refusal to compel a breach of contract dispute between clothing makers to arbitration, finding that a U.S. purchaser of the clothing failed to raise its arguments under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards before the lower court (Dongyang Jiutai Clothing Co., Ltd. v Lady Emerald, Inc., No. 2015-09802, N.Y. Sup., App. Div., 2nd Div., 2018 N.Y. App. Div. LEXIS 564).

  • February 5, 2018

    D.C. Circuit Allows Hellenic Republic’s Appeal Of Order Converting Award

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on Feb. 2 reversed a district court’s decision that granted a technology company’s request to convert an arbitral award to U.S. dollars based on the currency exchange rate at the time the award was issued in 2013, finding that the award was issued in euros and that all of its previous requests regarding confirmation of the award referenced euros (Leidos Inc., formerly known as Science Applications International Corporation, v. Hellenic Republic, No. 17-7082, D.C. Cir., 2018 U.S. App. LEXIS 2614).

  • February 1, 2018

    ICC And Miami Arbitral Institute To Collaborate On Cost Study

    PARIS — An international arbitration court and a Miami arbitral institute on Jan. 31 announced that they have agreed to collaborate on a cost study aimed at increasing transparency in international arbitration.  

  • January 31, 2018

    Costa Rican Company Disputes Confirmation Of $29M Award In 11th Circuit

    ATLANTA — A Costa Rican company on Jan. 29 filed a reply in its appeal with the 11th Circuit U.S. Court of Appeals, disputing a district court’s decision to confirm a $29,290,400 international arbitration award that was issued for Del Monte International GMBH in a dispute over a contract for the sale of pineapples (Inversiones Y Procesadora Tropical Inprotsa, S.A. v. Del Monte International GMBH, No. 1:16-cv-24275, 11th Cir.).

  • January 31, 2018

    Judge Allows UCL, CUTSA Claims Related To Audiology Technology To Proceed

    LOS ANGELES — A California federal judge on Jan. 29 refused to dismiss claims for violations of the California Uniform Trade Secrets Act (CUTSA), California’s unfair competition law (UCL) and other claims asserted by the inventor of a tele-audiology technology, who alleged that a California company and its German parent company copied her invention (Deborah M. Manchester, PH.D. v. Sivantos GMBH, et al., No. 2:17-CV-05309, C.D. Calif., 2018 U.S. Dist. LEXIS 14108).

  • January 25, 2018

    Swedish Court Upholds Attachment Of $100M In Kazakhstan Assets

    NEW YORK — A Swedish court on Jan. 24 upheld a previous order freezing approximately $100 million in assets of Kazakhstan shares, which will allow a group of Moldovan investors to obtain payment of a $506 million arbitral award issued in their favor.

  • January 24, 2018

    Final Hearing In Treaty Dispute Over Indian Tax Assessment Scheduled

    EDINBURGH, Scotland — A U.K. energy firm on Jan. 23 gave an update on its pending arbitration with the Indian Income Tax Department, announcing that a final hearing is scheduled for later this year.