MIAMI — Following the U.S. Supreme Court’s denial of certiorari to a Costa Rican entity’s challenge of a $29,290,440 arbitration award in connection with a pineapple seed agreement, Del Monte International GMBH on Oct. 11 filed a renewed motion with a Florida federal court seeking entry of a final judgment of contempt (Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, No. 16-24275, S.D. Fla.).
CAMDEN, N.J. — A federal judge in New Jersey on Sept. 26 confirmed a foreign arbitration award of $122,367.86 to a vessel owner in a dispute over breach of obligations under a charter party agreement by a charter operator (KG Schifffahrtsgesellschaft MS Pacifc Winter mbH & Co. v. Safesea Transport Inc., No. 19-4869, D. N.J., 2019 U.S. Dist. LEXIS 166205).
DENVER — Appealing the confirmation of a $36.1 million arbitral award, a Mexican cement company with a shared interest in Bolivia’s largest cement company argues in an Oct. 3 reply brief that another investor “fails to grapple” with a district court’s errors when it asks the 10th Circuit U.S. Court of Appeals to ignore the U.S. Supreme Court’s test for personal jurisdiction and Bolivian courts’ interpretation of Bolivian law (Compañía de Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua S.A.B. de C.V., et al., No. 19-1151, 10th Cir.).
MIAMI — A Florida federal magistrate judge on Sept. 27 recommended that IMAX Corp.’s petition to vacate a partial final award establishing that IMAX reached a settlement with its third-party seller and a final award ordering IMAX to pay $971,525.38 to the third-party seller in arbitration costs should be denied because the petition is without merit (IMAX Corp. v. Giencourt Investments, S.A., No. 17-62033, S.D. Fla., 2019 U.S. Dist. LEXIS 168828).
WASHINGTON, D.C. — A District of Columbia federal judge on Oct. 2 entered final judgment against the Republic of Moldova for almost $58.6 million in an electricity supply dispute after determining that Moldova must pay $12.2 million in prejudgment interest in addition to the arbitral award of $46.4 million (LLC Komstroy v. Republic of Moldova, No. 14-1921, D. D.C., 2019 U.S. Dist. LEXIS 170883).
DALLAS — A Texas federal magistrate judge on Sept. 30 granted a motion filed by Ukraine’s national oil and gas company to serve a subpoena on the auditor of an oil and gas reserves company after determining that the discovery is relevant as it is sought in connection with possible judicial proceedings to enforce an arbitration award (In re: Application of NJSC Naftogaz of Ukraine, No. 18-92, N.D. Texas).
WASHINGTON, D.C. — A District of Columbia federal judge on Oct. 1 granted a Guatemalan holdings company’s motion for judgment on the pleadings as to its petition to confirm a more than $21 million international arbitral award issued in its favor and against the Republic of Guatemala after determining that the award is binding on the parties (TECO Guatemala Holdings, LLC v. Republic of Guatemala, No. 17-102, D. D.C., 2019 U.S. Dist. LEXIS 169168).
WASHINGTON, D.C. — A mining company whose right to ship mined ore was suspended indefinitely by the Government of the Republic of Sierra Leone filed a petition on Sept. 25 in District of Columbia federal court, seeking to confirm an arbitration award entered in its favor and seeking to enforce an arbitrator’s emergency order allowing the company to resume shipping operations (SL Mining Ltd., v. The Government of the Republic of Sierra Leone, No. 19-2888, D. D.C.).
NEW YORK — A Second Circuit U.S. Court of Appeals panel on Oct. 7 found that Title 28 U.S. Code Section 1782 does not contain a per se bar to extraterritorial discovery, affirming a trial court’s grant of an application for discovery of documents for use in foreign proceedings from a U.S. firm that is not a party to the foreign proceedings (In Re: Application of Antonio del Valle Ruiz and Others for an Order to Take Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C. § 1782, Nos. 18-3226, 18-3474 and 18-3629, 2nd Cir., 2019 U.S. App. LEXIS 30002).
OAKLAND, Calif. — Heirs of two Saudi Arabian sheiks 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 failed to show that there was an operative arbitration agreement between the parties, a federal judge in California ruled Sept. 24, granting a motion to dismiss the heirs’ petition (Waleed Al-Qarqani, et al. v. Chevron Corporation, et al., No. 18-3297, N.D. Calif.).
WASHINGTON, D.C. — A federal judge in the District of Columbia on Sept. 23 confirmed arbitral awards against the Democratic Republic of the Congo (DRC) regarding work performed by a customs and tax consulting firm and entered default judgment ordering the DRC to pay more than $96 million along with prejudgment interest (Customs and Tax Consultancy LLC v. The Democratic Republic of the Congo, No. 18-1408, D.D.C., 2019 U.S. Dist. LEXIS 162136).
WASHINGTON, D.C. — The Republic of Ecuador must pay an oil company more than $448 million for breach of contract related to drilling sites in the Amazon while the oil company must pay Ecuador more than $54 million for environmental damage, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) ruled in an award issued Sept. 27 (Perenco Ecuador Limited v. The Republic of Ecuador, No. ARB/08/6, ICSID).
PORTLAND, Ore. — A district court erred in granting a motion to dismiss filed by defendants and in denying a plaintiff’s motion to remand in a dispute over a medical services software agreement because the suit does not relate to an international arbitration award and, therefore, was not properly removed to federal court, the Ninth Circuit U.S. Court of Appeal said Sept. 23 in reversing and remanding the ruling (Cerner Middle East Limited v. Belbadi Enterprises LLC, et al., No. 17-35157, 9th Cir., 2019 U.S. App. LEXIS 28630).
WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal, in an award and dissent opinion both published on Sept. 23, found that it had jurisdiction over some of the claims brought by two companies that invested in solar facilities in Spain but ruled 2-1 that Spain violated Article 10 of the Energy Charter Treaty (ECT) when it instituted royal decrees to address a tariff deficit that affected investors’ rate of return (OperaFund Eco-Invest SICAV PLC, et al. v. Kingdom of Spain, No. ARB/15/36, ICSID).
WASHINGTON, D.C. — The United States filed an amicus brief on Sept. 24 in an international arbitration case before the U.S. Supreme Court supporting a French energy company’s position that the 11th Circuit U.S. Court of Appeals erred when it found that the company could not pursue arbitration against a steel plant and insurers because there was no agreement in writing between the parties (GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, et al., No. 18-1048, U.S. Sup.).
[Editor’s Note: David Lee, partner and member of the Cayman Dispute Resolution department and Mehreen Siddiqui, associate within the Cayman Dispute Resolution group. Any commentary or opinions do not reflect the opinions of Appleby or LexisNexis®, Mealey Publications™. Copyright © 2019 by David Lee and Mehreen Siddiqui. Responses are welcome.]
WASHINGTON, D.C. — A District of Columbia federal judge on Sept. 18 granted the Kingdom of Spain’s motion to stay a petition seeking to enforce an approximately $74,271,750 international arbitral award after determining that it is appropriate to stay the suit until the International Centre for the Settlement of Investment Disputes (ICSID) resolves the kingdom’s annulment application before the ICSID (Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain, No. 18-02254, D. D.C.).
CINCINNATI — Applying the principles of Intel Corp. v. Advanced Micro Devices, Inc., the Sixth Circuit U.S. Court of Appeals on Sept. 19 concluded in what it called a matter of first impression that a private commercial arbitration panel qualifies as a “tribunal” under U.S. Code Title 28 Section 1782(a), leading it to reverse a trial court’s denial of a Saudi company’s discovery requests from FedEx Corp. in an arbitration proceeding under the statute (In Re: Application to Obtain Discovery for Use in Foreign Proceedings, No. 19-5315, 6th Cir.).
WASHINGTON, D.C. — In its Sept. 9 opening brief, the Republic of Kazakhstan tells the District of Columbia Circuit U.S. Court of Appeals that a lower court erred in dismissing Racketeer Influenced and Corrupt Organizations Act claims that a $497,685,101 arbitral award was obtained through fraud based on a “litigation activities” exception that has never been adopted by the appellate court (Republic of Kazakhstan v. Anatolie Stati, et al., No. 19-7038, D.C. Cir.).
NEW YORK — An international arbitration award, now valued at nearly $2.7 billion, that was vacated by a Nigerian court can’t be reinstated by an American court, a federal judge in New York ruled Sept. 4, granting a motion to dismiss a petition for enforcement in a dispute between an oil company and an alter ego of Nigeria (Esso Exploration and Production Nigeria Limited, et al. v. Nigerian National Petroleum Corporation, No. 14-8445, S.D. N.Y., 2019 U.S. App. LEXIS 150406).