Mealey's International Arbitration

  • December 7, 2017

    Judge Refuses To Compel ICC Arbitration Of Dispute Over Food Equipment Purchase

    PORTLAND — After finding that a producer of dried fruit and a seller of food processing equipment never agreed to submit disputes in relation to the sale and purchase of equipment to international arbitration, an Oregon federal judge on Dec. 5 entered an order granting an injunction in favor of the producer and refusing to compel arbitration in Vienna (Meduri Farms Inc. v. DutchTecSource B.V., No. 3:17-cv-906, D. Ore., 2017 U.S. Dist. LEXIS 199793).

  • December 7, 2017

    Federal Judge Compels Arbitration Of License Agreement Dispute To SIAC

    SAN FRANCISCO — After finding that a valid arbitration agreement existed between companies in relation to an agreement for the use and sale of certain trademarks owned by Sharp Corp., a California federal judge on Dec. 5 compelled claims for fraud, rescission and violation of California’s unfair competition law (UCL) to arbitration in Singapore (Sharp Corp. v. Hisense USA Corporation, et al., No. 17-cv-03341, N.D. Calif., 2017 U.S. Dist. LEXIS 200102).

  • December 7, 2017

    PCA Holds Hearing On Remaining Issues In UNCITRAL Case Against Russia

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Dec. 6 announced that it has held a hearing on the outstanding issues of liability, jurisdiction and admissibility in an arbitration commenced by a bank and a finance company against the Russian Federation (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).

  • December 5, 2017

    9th Circuit Refuses To Compel Arbitration Of Estate’s Claims In South Korea

    HONOLULU, Hawaii  — The Ninth Circuit U.S. Court of Appeals on Nov. 30 affirmed a district court’s decision that denied a Korean corporation’s motion to compel an estate’s negligence claims related to the death of a seaman to arbitration in South Korea, finding that the corporation was not a signatory to the arbitral agreement in an underlying employment contract (Esther Margarita Limia Suarez Viuda De Yang, et al. v. Majestic Blue Fisheries LLC, et al., No. 15-16881, 9th Cir., 2017 U.S. App. LEXIS 24308).

  • December 5, 2017

    Ecuador To Pay ConocoPhillips $337M In Settlement Of ICSID Award

    HOUSTON — ConocoPhillips on Dec. 4 announced that the Republic of Ecuador and its subsidiary reached an agreement in relation to the payment of an international arbitral award (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).

  • December 4, 2017

    High Court Refuses To Review Enforcement Of $422M ICC Award

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 4 denied a petition for writ of certiorari that sought review of a district court’s order confirming a $422 million award international arbitral award issued in a patent infringement case (Dow Agrosciences LLC, et al. v. Bayer Cropscience NV, No. 17-372, U.S. Sup.).

  • December 1, 2017

    ICSID Orders Peru To Pay Mining Firm $24M For Trade Agreement Violations

    WASHINGTON, D.C. — In a majority ruling, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 1 released its award in favor of a Canadian mining company for $24,223,775, plus interest, in damages for the expropriation of its mining investment in the Republic of Peru (Bear Creek Mining Corp. v. Republic of Peru, No. ARB/14/21, ICSID).

  • December 1, 2017

    Judge Stays Lawsuit Pending Decision In ICSID Arbitration Against Guinea

    NEW YORK — A New York federal judge on Nov. 29 granted a motion filed by a group of nonprofit organizations to stay a case related to mining rights in Guinea, pending the outcome of an international arbitration case commenced by a group of resource companies against Guinea (BSG Resources [Guinea] Limited, et al. v. George Soros, et al., No. 17-2726, S.D. N.Y., 2017 U.S. Dist. LEXIS 196141).

  • November 30, 2017

    COMMENTARY: Time Is Of The Essence: The Importance Of Bringing A Challenge To An Arbitral Award In Good Time

    By Thomas Yates and Tony Hewitt

  • November 29, 2017

    ICSID Revises Schedule In Laos Gaming Arbitration To Hear New Claims

    SINGAPORE — After a recent decision in which a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) clarified that it will consider new claims asserted by a gaming industry investor regarding the nonrecognition of a Singapore arbitral award against a third party, the tribunal on Nov. 27 issued a revised time schedule and a new hearing date for all issues in the case (Lao Holdings N.V. v. Lao People's Democratic Republic, No. ARB[AF/16/2], ICSID).

  • November 29, 2017

    COMMENTARY: When Strategies Go Awry: Part 2 in a Series on Cognitive Biases and Their Impact

    By Laura A. Frase

  • November 27, 2017

    COMMENTARY: The Evolving Landscape Of Third-Party Funding In International Arbitration

    By Louis A. Russo and Oliver E. Twaddell

  • November 27, 2017

    Mitchell Silberberg & Knupp Appoints International Dispute Partner

    LOS ANGELES — Mitchell Silberberg & Knupp (MSK) announced Oct. 13 that a new partner was elected to the firm’s international dispute practice in Washington, D.C.

  • November 22, 2017

    Judge Finds Hong Kong Forum No Longer Exists, Refuses To Compel Arbitration

    LOS ANGELES — After finding that an agreement to arbitrate an employment dispute in Hong Kong involved a forum that is no longer available, a California federal judge on Nov. 17 refused to compel arbitration of the dispute (Alexander Mirza v. Cachet Hotel Group Limited Cayman L.P., et al., No. 2:17-CV-07140, C.D. Calif., 2017 U.S. Dist. LEXIS 190833).

  • November 17, 2017

    COMMENTARY: Jurisdictional And Forum Requirements For ICSID Award Recognition Against Foreign Sovereigns: Recent Developments And Debates

    By Matthew Slater, Inna Rozenberg, and Richard Freeman

  • November 17, 2017

    Frontera Says It Will Soon Receive Full Payment Of $2.02M Arbitration Award

    HOUSTON — A Texas oil and gas exploration and production company on Nov. 17 said that enforcement proceedings to confirm a $2,026,126.32 international arbitral award have been completed and that it will receive payment of the total award.

  • November 17, 2017

    Federal Judge Confirms $2.1M ICC Award For Bulgarian Machine Company

    OAKLAND, Calif. — A California federal judge on Nov. 14 granted a Bulgarian machine-building company’s petition to confirm a $2,119,167.79 international arbitral award issued against a California company, finding that enforcement of the award was not against public policy (TMCO Ltd. v. Green Light Energy Solutions R&D Corp., No. 4:17-cv-00997, N.D. Calif., 2017 U.S. Dist. LEXIS 188362).

  • November 17, 2017

    Brazilian Entities Ask High Court To Dismiss Petition Challenging $48M ICC Award

    WASHINGTON, D.C. — A Brazilian group of companies on Nov. 1 filed their response to a petition for writ of certiorari in the U.S. Supreme Court, in which the petitioner seeks 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 (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).

  • November 15, 2017

    Judge Finds Lack Of Jurisdiction To Consider If SIAC’s Order Was Enforceable

    WASHINGTON, D.C. — A Japanese electronics company on Nov. 13 filed a notice of appeal to the District of Columbia Circuit U.S. Court of Appeals of a judge’s finding that a Chinese manufacturer of televisions lacked sufficient contacts to the District of Columbia to maintain a federal lawsuit there and denial of the company’s request for a declaration that a gag order issued by a Singapore arbitral tribunal was unenforceable (Sharp Corp., et al. v. Hisense USA Corp., et al., No. 17-1648, D. D.C., 2017 U.S. Dist. LEXIS 186686).

  • November 15, 2017

    Federal Judge Vacates Confirmation Of $146M ICSID Award Against Spain

    NEW YORK — After recent appeals court rulings in which panels reversed district court judgments granting ex parte petitions for failure to comply with the Foreign Sovereign Immunities Act of 1976 (FSIA), a New York federal judge on Nov. 13 reversed his previous ruling confirming a $146,079,996 award issued against the Kingdom of Spain (Eiser Infrastructure, et al. v. Kingdom of Spain, No. 17-3808, S.D. N.Y.).