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