Mealey's International Arbitration

  • August 11, 2017

    Singapore International Arbitration Centre Opens New Office In India

    SINGAPORE — The Singapore International Arbitration Centre (SIAC) on Aug. 10 announced that it has opened a new office in India. 

  • August 11, 2017

    5th Circuit Finds Arbitrability Questions Must Be Decided By Arbitrators

    NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals on Aug. 9 affirmed a decision in favor of Chevron USA Inc. and others to deny a motion to remand a company’s claims for fraud, finding that the court did not err in finding that a confidentiality agreement’s arbitration provision required that the question of arbitrability must be decided by arbitrators (Brittania-U Nigeria Limited v. Chevron USA, Inc., et al., No. 16-20690, 5th Cir., 2017 U.S. App. LEXIS 14692).

  • August 9, 2017

    Federal Judge Orders Nigerian Petroleum Corp. To Produce Documents

    NEW YORK — A New York federal judge on Aug. 7 ordered the Nigerian National Petroleum Corp. (NNPC) to produce certain documents in a case in which a Nigerian entity seeks to confirm a $1,779,000,000 arbitral award (Esso Exploration and Production Nigeria Limited et al v. Nigerian National Petroleum Corporation, No. 1:14-cv-08445, S.D. N.Y.).

  • August 4, 2017

    ICSID To Continue Stay Of Enforcement Of Award For Indonesia

    WASHINGTON, D.C. — An English mining company on Aug. 3 released an update on annulment proceedings filed by it currently pending before the International Centre for Settlement of Investment disputes (ICSID), noting that it has passed a resolution to give effect to a required security pledge and that the stay of the award will remain in place (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).

  • August 3, 2017

    PCA To Hold Jurisdiction Hearing In UNCITRAL Arbitration Against Canada

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Aug. 1 announced that it will soon hold a hearing on jurisdiction and admissibility in an arbitration commenced by a pulp and paper company against the government of Canada (Resolute Forest Products Inc. v. The Government of Canada, No. 2016-13, PCA).

  • August 2, 2017

    Federal Judge Confirms Award In Maritime Employment Dispute

    SEATTLE — A Washington federal judge on July 31 granted a motion filed by several fishing and marine companies to enforce a Philippines arbitral award, finding that a former deck hand agreed to the settlement of his claims and had notice of the arbitral proceedings and award (Michael D. Castro v. Tri Marine Fish Company LLC, et al., No. C17-8RSL, W.D. Wash., 2017 U.S. Dist. LEXIS 120037).

  • July 28, 2017

    Judge Finds Federal Court Has Jurisdiction Over Case Seeking To Enforce Award

    FORT MYERS, Fla. — After finding that a Brazilian company's attempt to enforce a $14 million award falls within the scope of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and not Florida law, a Florida federal judge refused to remand the case to a state court (Kozma Investmentos, Ltda.  v. Edson Pereira Duda, et al., No. 2:17-cv-306, M.D. Fla., 2017 U.S. Dist. LEXIS 117728).

  • July 28, 2017

    Russian Entity Seeks Confirmation Of $280,493 ICC Award In Federal Court

    BOSTON — A Russian company on July 26 filed a petition to confirm an international arbitral award issued in its favor and against a Massachusetts company, seeking enforcement of the $280,493 award of damages in its favor (Nanoelectro Research and Production Co. v. Alphysica Inc., No. 1:17-cv-11378, D. Mass.).

  • July 26, 2017

    Investment Firm Says It Is Entitled To $140M From ICSID Arbitral Award

    NEW YORK — A global finance and investment firm on July 22 announced that it is entitled to about $140 million from a recent arbitral award issued by the International Centre for Settlement of Investment Disputes (ICSID) in a treaty dispute between two Spanish companies and the Argentine Republic. 

  • July 26, 2017

    PCA Opens Office To Administer Singapore And Asian Arbitrations

    SINGAPORE — The Permanent Court of Arbitration (PCA) and the Singapore Ministry of Law on July 25 jointly announced that the PCA will open an office in Singapore to administer cases.

  • July 24, 2017

    Tribunal Orders Argentina To Pay Investors $324M For Airline Expropriation

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 24 released its majority award in a treaty dispute over the expropriation of two airlines in the Argentine Republic, ordering Argentina to pay two investors $324,254,807 in damages and costs, plus interest (Teinver S.A., Transportes de Cercanias S.A. and Autobuses Urbanos del Sur S.A. and the Argentine Republic, No. ARB/09/1, ICSID).

  • July 24, 2017

    London Mining Firm Files Notices Of Arbitration On Tanzania

    LONDON — A mining company on July 4 announced that it has served the government of Tanzania with notices of arbitration related to two mining operations. 

  • July 24, 2017

    Centerra Says PCA Has Issued Interim Order In Arbitration With Kyrgyz

    TORONTO, Ontario — A Canadian gold mining company on July 19 announced that an arbitrator with the Permanent Court of Arbitration (PCA) has issued an interim order in its case against the Kyrgyz Republic over a mining project.

  • July 21, 2017

    2nd Circuit Upholds Decision To Vacate $57M Malaysian Arbitral Award

    NEW YORK — A Second Circuit U.S. Court of Appeals panel on July 20 affirmed a district court's decision to vacate its previous order confirming a $57 million arbitral award issued against the Government of The Lao People's Democratic Republic, finding that the lower court did not err when it gave priority to a Malaysian court ruling to annul the award  (Thai-Lao Lignite [Thailand] Co. Ltd., et al. v. Government of The Lao People's Democratic Republic, Nos. 14-597, 14-1052, 14-1497, 2nd Cir., 2017 U.S. App. LEXIS 13065).

  • July 20, 2017

    PCA Orders Russia To Pay $6.2M For Violations Of U.N. Convention

    THE HAGUE, Netherlands — A tribunal for the Permanent Court of Arbitration (PCA) on July 18 announced that it has issued an award on compensation in an arbitration commenced by the Netherlands against the Russian Federation in relation to the unauthorized seizure of a vessel, ordering Russia to pay the Netherlands $6,213,797 in damages (The Netherlands v. Russia, No. 2014-02, PCA). 

  • July 19, 2017

    11th Circuit Finds Questions Of Venue Must Be Determined By Arbitrator

    ATLANTA — The 11th Circuit U.S. Court of Appeals on July 17 affirmed a district court's ruling to confirm an arbitral award issued in favor of a U.S. development company, finding that questions of arbitral venue are for an arbitrator to decide (Bamberger Rosenheim Ltd. v. OA Development Inc., No. 16-16163, 11th Cir., 2017 U.S. App. LEXIS 12729).

  • July 19, 2017

    Federal Bankruptcy Judge Strikes Foreign Specialty Reinsurer’s $15M Bond

    NEW YORK — A foreign specialty reinsurer must post a new $15 million bond as part of its attempt to arbitrate a coverage dispute in Bermuda, a New York federal bankruptcy judge ruled July 17, granting a defunct brokerage company’s motion to strike the current bond as defective (In re:  MF Global Holdings Ltd., et al., MF Global Holdings Ltd. as plan administrator, and MF Global Assigned Assets LLC v. Allied World Assurance Company Ltd., et al., Chapter 11 No. 11-15059, Adv. Proc. No. 16-01251, S.D. N.Y. Bkcy.).

  • July 18, 2017

    Reinsurer Declines To Oppose Insured’s Motion To Intervene In Dispute Over $5M Claim

    NEW YORK — A Brazilian reinsurer told a New York federal court on July 14 that it will not oppose a steel maker’s request to intervene in an insurer’s lawsuit seeking to require the reinsurer to cover a $5 million settlement with the insured under an arbitration award (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).

  • July 18, 2017

    Summons Issued On Supplement Seller's Petition To Confirm Chinese Award

    CENTRAL ISLIP, N.Y. — A summons was issued on July 13 to a New York entity in relation to a Chinese company's recently filed petition to confirm a $575,922 arbitral award issued in its favor by a Chinese tribunal (Tianjin Port Free Trade Zone: International Trade Service Co., Ltd. v. Tiancheng Chempharm Inc. USA, No. 17-cv-4130, E.D. N.Y.).

  • July 14, 2017

    Judge Finds Parties Must Arbitrate Claims Over Laos Gaming Operations

    WILMINGTON, Del. — Based on a theory of estoppel, a Delaware federal judge on July 12 found that the owners of gaming assets in the Lao People's Democratic Republic are required to arbitrate their claims in Singapore for breach of fiduciary duty and contract against nonsignatories to an underlying deed, granting a motion to dismiss the case (Sanum Investment Limited, et al. v. San Marco Capital Partners, et al., No. 16-320, D. Del., 2017 U.S. Dist. LEXIS 107365).