SAN FRANCISCO — Heirs of two Saudi Arabian sheiks assert in a Jan. 16 appellant brief filed in the Ninth Circuit U.S. Court of Appeals that a district court committed reversible error when it dismissed the heirs’ petition seeking to confirm a nearly $18 billion arbitration award against Chevron Corp. and Chevron U.S.A. Inc. (collectively, Chevron) in a dispute over Saudi oil fields because the lower court lacked subject matter jurisdiction to confirm a foreign arbitral award (Waleed Al-Qarqani, et al. v. Chevron Corporation, et al., No. 19-17074, 9th Cir.).
ATLANTA — An insurer says in a Jan. 10 reply brief to the 11th Circuit U.S. Court of Appeals that a district court should have compelled arbitration in Hong Kong to resolve a claim for bad faith in failing to settle a lawsuit seeking damages for injuries that occurred during a cruise ship excursion (Lynn McCullough, et al. v. AIG Insurance Hong Kong Ltd., No. 19-12100, 11th Cir.).
WILMINGTON, Del. — A Canadian gold producer in a Jan. 17 reply brief asks a Delaware federal to grant its request for a modification of a stay of its case against the Bolivarian Republic of Venezuela over a $1.2 billion international arbitration because Venezuela offers “out red herrings in the form of made-up conflicts with Executive Branch policy and Delaware law” (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 17-mc-151, D. Del.).
WASHINGTON, D.C. — The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) is silent about enforcement of arbitration agreements by nonsignatories, and so that is a “floor, not a ceiling, for enforcing arbitration agreements and awards,” Shay Dvoretzky of Jones Day in Washington told the U.S. Supreme Court Jan. 21 in oral arguments on behalf of a French company seeking to enforce an agreement that it did not sign on the basis of the doctrine of equitable estoppel (GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, et al., No. 18-1048, U.S. Sup.).
WILMINGTON, Del. — A Delaware state court judge ruled Dec. 30 that a second arbitration between two oil companies over a contractual dispute was partly an “impermissible collateral attack” concerning a negligent misrepresentation claim in an earlier arbitration but held that breach of contract claims unresolved during the first arbitration were arbitrable (Gulf LNG Energy, LLC v. Eni USA Gas Mktg., No. 2019-0460-AGB, Del. Chanc., 2019 Del. Ch. LEXIS 1403).
WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 13 denied a petition for a writ of certiorari filed by Ukraine seeking review of an appellate court’s affirmance of the denial of a motion to dismiss a petition to confirm a $112 million arbitral award issued to a Russian entity in a dispute over shares in a Ukrainian oil company (Ukraine v. Pao Tatneft, No. 19-606, U.S. Sup.).
TACOMA, Wash. — The Convention on the Recognition of Foreign Arbitral Awards is not preempted by Washington law, a federal judge in Washington ruled Dec. 26, compelling arbitration of an insurance coverage dispute against English underwriters over $5.66 million in hurricane damage (CLMS Management Services Limited Partnership, et al. v. AmWins Brokerage of Georgia, LLC, et al., No. 19-05785, W.D. Wash., 2019 U.S. Dist. LEXIS 221122).
THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Dec. 18 awarded approximately $13 million to Malta and against the Republic of São Tomé for the seizure of a vessel by São Tomé after determining that Malta offered sufficient evidence in support of its argument that it is entitled to reparation for the vessel seizure (In the matter of the Duzgit Integrity Arbitration [Malta v. São Tomé and Principe], No. 2014-07, PCA).
MIAMI — A former Celebrity Cruises Inc. employee who suffered a spinal cord injury while working on a cruise ship may recover nearly $10.6 million stemming from an arbitration award and post-award prejudgment interest, a federal judge in Florida held in a final judgment docketed Dec. 26, noting that interest on that amount will accrue until the final judgment is satisfied (Celebrity Cruises Inc. v. Slobodan Despot, No. 19-22890, S.D. Fla.).
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Jan. 7 affirmed a $62.9 million arbitration award after determining that the arbitration panel was fairly constituted and did not exceed its authority in entering a final award in a breach of contract dispute involving funding for a wind energy company (Soaring Wind Energy LLC v. Catic USA Inc., No. 18-11192, 5th Cir., 2020 U.S. App. LEXIS 296).
NEW ORLEANS — In a Jan. 3 redacted reply brief, three petroleum companies tell the Fifth Circuit U.S. Court of Appeals that a Texas federal judge’s decision to confirm a $615.62 million arbitral award cannot stand because the underlying contract was procured through bribery in contravention of public policy (Petrobras America Inc., et al. v. Vantage Deepwater Co., et al., No. 19-20435, 5th Cir.).
By Elizabeth Edmondson and Allison Douglis
[Editor’s Note: Copyright © 2019, LexisNexis. All rights reserved.]
WASHINGTON, D.C. — A Turkish company on Dec. 16 informed a District of Columbia federal judge that it reached an agreed-upon judgment of more than $27 million against the Gabonese Republic and a government agency in a breach of contract dispute over construction work (Enka Insaat Ve Sanayi A.S. v. The Gabonese Republic, et al., No. 18-2458, D. D.C.).
NEW YORK — A New York federal judge on Nov. 19 upheld an arbitration tribunal’s finding in a mining ore dispute between the nation of Mongolia and three Chinese entities, ruling that the Chinese companies could not object to the tribunal’s ability to determine arbitrability after initiating the seven-year arbitration and not raising the objection at any prior point (Beijing Shougang Mining Investment Company, Ltd., et al. v. Mongolia, No. 17-7436, S.D. N.Y., 2019 U.S. Dist. LEXIS 206072).
LOS ANGELES — An Arizona association of cotton growers filed a complaint and petition on Dec. 13 in a California federal court asking the court to confirm a $3.28 million arbitration award ordered in 2018 by the International Centre for Dispute Resolution (ICDR) against an Indian company in a trademark dispute (Supima v. Tradeline Enterprises Pvt., Ltd., No. 19-10568, C.D. Calif.).
WASHINGTON, D.C. — A U.S. couple on Dec. 3 filed a petitionin District of Columbia federal court seeking to a vacate an arbitral award issued under the Dominican Republic-Central America Free Trade Agreement (CAFTA-DR) that rejected jurisdiction in their dispute with the Dominican Republic over what they claim was the expropriation of their investment in a planned luxury resort (Lisa Ballantine, et al. v. the Dominican Republic, No. 1:19-cv-03598, D. D.C., 2019).
WASHINGTON, D.C. — The Republic of Guatemala on Dec. 4 appealed to the District of Columbia Circuit U.S. Court of Appeals a ruling that ordered the republic to pay a holding company more than $35 million for an arbitration award and interest and more than $300,000 under an annulment award (TECO Guatemala Holdings, LLC v. Republic of Guatemala, No. 19-7153, D.C. Cir.).
WASHINGTON, D.C. — A motion for sanctions and contempt filed by the foreign owners of two Republic of Kazakhstan companies whose rights to explore and develop oil and gas fields in Kazakhstan was canceled “is frivolous and filed in bad faith solely for the purpose of harassment,” Kazakhstan argues in opposition filed Dec. 16 in the U.S. District Court for the District of Columbia (Anatolie Stati, et al. v. Republic of Kazakhstan, No. 14-1638, D. D.C.).
NEW YORK — A federal judge in New York on Dec. 16 confirmed an award by an American Arbitration Association (AAA) panel for the underwriters of an insurance policy for a yacht in a dispute over damages incurred in Panamanian waters, finding that the panel did not exceed its authority (Galilea, LLC, et al. v. AGCS Marine Insurance Company, et al., No. 19-5768, S.D. N.Y., 2019 U.S. Dist. LEXIS 217759).