Mealey's International Arbitration

  • October 16, 2017

    Judge OKs Forbearance Agreement Between Reinsurer, Insurer In Arbitration Dispute

    ATLANTA — A Georgia federal judge approved on Oct. 12 an amended forbearance agreement in a dispute between a Bermuda reinsurer and an insurer and administratively closed the case (TIG Insurance Co. v. Appalachian Reinsurance [Bermuda] Ltd., No. 17-02938, N.D. Ga.).

  • October 13, 2017

    Petitioners Seek Review Of Ruling Confirming $48M ICC Award

    WASHINGTON, D.C. — A group of companies on Sept. 28 filed a petition for a writ of certiorari with the U.S. Supreme Court, seeking review of whether an international arbitral award can be enforced against a nonparty pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 21 U.S.T. 2517 (Amci Holdings Inc., et al. v. CBF Industria De Gusa S/A, et al., No. 17-481, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 3779).

  • October 12, 2017

    Baker Botts Opposes Yukos Investor’s Motion For Reconsideration

    WASHINGTON, D.C. — A District of Columbia federal judge on Oct. 10 issued a minute order granting a request by three investors to extend their time to reply to an opposition filed by a law firm to their motion for reconsideration of a decision that denied a request for discovery to be used in The Netherlands’ appeal of a ruling that vacated $50 billion in arbitral awards issued against the Russian Federation (Hulley Enterprises Ltd., et al., v. Baker Botts LLP, No. 17-1466, D. D.C.).

  • October 6, 2017

    LCIA Releases Updated Report, Finds Costs and Duration Remain Low

    LONDON — The London Court of International Arbitration (LCIA) on Oct. 3 released its report on costs and duration analysis, reporting that its tribunal and administrative costs remain lower than other leading arbitral institutions.  

  • October 6, 2017

    Shipbuilder Says ICC Awarded It 200M Euros In Arbitration With Greece

    ATHENS, Greece — A middle eastern shipbuilder on Oct. 5 announced that an international arbitral tribunal has awarded it 200 million Euros in an arbitration with the Hellenic Republic.

  • October 5, 2017

    Reinsurer Argues Dispute With Insolvent Insurer Must Be Arbitrated Or Transferred

    AUSTIN, Texas — A New Zealand reinsurer argues in a Sept. 12 reply brief that a Texas federal court should transfer venue or compel arbitration of a reinsurance agreement dispute with an insolvent insurer because a breach of contract claim is subject to an arbitration clause (Gramercy Insurance Co. v. Contractor’s Bonding Ltd., No. 17-723, W.D. Texas).

  • October 4, 2017

    Judge Confirms $145.7M Swedish Award In Oil Field Development Dispute

    HOUSTON — After finding that none of a Ukrainian entity’s objections to an award issued in favor of a petroleum corporation by a Swedish arbitral tribunal applied, a Texas federal judge on Oct. 2 confirmed the $145.7 million award in the company’s favor (OJSC Ukrnafta v. Carpatsky Petroleum Corp., et al., No. 09-891, S.D. Texas, 2017 U.S. Dist. LEXIS 163064).

  • October 3, 2017

    ITLOS Appoints New Tribunal Members To Hear UNCLOS Cases

    HAMBURG, Germany — The International Tribunal for the Law of the Sea (ITLOS) on Oct. 2 announced that it has appointed a new president, vice president and five new tribunal members. 

  • October 3, 2017

    ICSID Awards Caratube $39.2M In Investment Dispute With Kazakhstan

    PARIS — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 28 issued its award in a dispute over exploration rights, ordering the Republic of Kazakhstan to pay an international oil company $39.2 million in damages (Caratube International Oil Company LLP & Mr. Devincci Salah Hourani v. Republic of Kazakhstan, No. ARB/13/13, ICSID).

  • September 28, 2017

    Judge Finds $325M Award Is Null, Grants Dismissal For Czech Ministry

    WASHINGTON, D.C. — After finding that a tribunal’s discontinuance of an arbitration case commenced by a Liechtenstein corporation against the Czech Republic Ministry of Health effectively nullified a $325 million award issued in its favor, a District of Columbia federal judge on Sept. 27 granted a motion filed by the ministry to dismiss the petition (Diag Human, S.E. v. Czech Republic Ministry of Health, No. 13-0355, D. D.C., 2017 U.S. Dist. LEXIS 158452).

  • September 27, 2017

    ICSID Constitutes Tribunal In Energy Charter Treaty Arbitration Against Italy

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Sept. 26 constituted a tribunal in an arbitration commenced by a group of exploration entities against the Italian Republic, asserting claims for violation of the Energy Charter Treaty (ECT) (Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic, No. ARB/17/14, ICSID).

  • September 26, 2017

    Flash Memory Product Maker Commences 3 ICC Arbitrations Against Toshiba

    SAN JOSE, Calif. — A California company on Sept. 26 gave updates on three arbitration cases commenced by its subsidiary with the International Chamber of Commerce’s International Court of Arbitration (ICC) against Toshiba Corp. in relation to disputes over flash-memory joint venture agreements and in which it seeks various injunctions prohibiting Toshiba from taking further actions.

  • September 25, 2017

    Steptoe & Johnson Lawyer Appointed To ICSID Panel Of Arbitrators

    WASHINGTON, D.C. — Steptoe & Johnson on Sept. 19 announced that one of its lawyers has been appointed to serve on the International Centre for Settlement of Investments Disputes (ICSID) panel of arbitrators. 

  • September 25, 2017

    ICSID Chairman Appoints 20 Members To Arbitration And Conciliation Panels

    WASHINGTON, D.C.— The International Centre for Settlement of Investment Disputes (ICSID) on Sept. 15 announced that its chairman has appointed 20 designees to ICSID’s panels of arbitrators and conciliators. 

  • September 25, 2017

    ITLOS Issues Award On Maritime Boundaries Between Ghana, Cote D’Ivoire

    HAMBURG, Germany — The International Tribunal for the Law of the Sea (ITLOS) on Sept. 23 issued its final award in maritime boundary dispute between Ghana and Cote d’Ivoire, establishing specific coordinates for certain boundaries in the Atlantic Ocean and finding that Ghana did not violate the United Nations Convention on the Law of the Sea (UNCLOS) (Ghana v. Cote d'Ivoire, No. 23, ITLOS).

  • September 21, 2017

    Digital Company Files ICC Investment Arbitration Against Toshiba Corp.

    SAN JOSE, Calif. — A California digital company on Sept. 20 announced that its subsidiaries have filed a notice of international arbitration against Toshiba Corp. in relation to flash-memory drive joint ventures. 

  • September 21, 2017

    Judge Refuses To Dismiss Brazilian Investor’s Action Seeking Confirmation

    FORT MYERS, Fla. — A Florida federal judge on Sept. 19 refused to dismiss a Brazilian entity’s amended complaint in which it seeks to enforce a $14 million arbitral award, finding that the complaint was not barred by a three-year statute of limitations (Kozma Investmentos, Ltda. v. Edson Pereira Duda, et al., No. 2:17-cv-306, M.D. Fla., 2017 U.S. Dist., 2017 U.S. Dist. LEXIS 151781).

  • September 20, 2017

    2nd Circuit Finds Carnival Employee Must Arbitrate Claims In The Philippines

    NEW YORK — The Second Circuit U.S. Court of Appeals on Sept. 18 affirmed a ruling in which a district court found that a motorman who was injured while working aboard a vessel must arbitrate his claims against his employer in the Philippines pursuant to his employment contract (Rodrigo R. Pagaduan v. Carnival Corporation, et al., No. 16-465, 2nd Cir., 2017 U.S. App. LEXIS 17981).

  • September 19, 2017

    Dow Seeks High Court Review Of Ruling Confirming $442M Award

    WASHINGTON, D.C. — A company on Sept. 11 filed a petition for writ of certiorari with the U.S. Supreme Court in relation to the confirmation of a $442 million arbitration award issued against it in a dispute over patent infringement, asking the court to review whether a federal court must independently determine if enforcement of an award under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. § 201 et seq., violates U.S. public policy (Dow Agrosciences LLC, et al. v. Bayer Cropscience NV, No. 17-372, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 3444).

  • September 18, 2017

    ICC Issues Confidential Award In Nokia Patent Dispute With LG Electronics

    ESPOO, Finland — Nokia Technologies on Sept. 18 announced that an international arbitral tribunal has issued a confidential award, resolving a dispute with an electronics company over a smartphone patent license.