Mealey's International Arbitration

  • June 28, 2017

    ICSID Stays Enforcement Of Award After Mining Firm Agrees To Post Security

    WASHINGTON, D.C. — In exchange for a security pledge, an English mining company on June 28 said an ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) has agreed to stay the enforcement of an award that dismissed an arbitration in favor of the Republic of Indonesia, pending the completion of an annulment proceeding (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).

  • June 26, 2017

    Ontario Superior Court Judge Joins Arbitration Place, Thornton Grout Finnigan

    TORONTO — The Arbitration Place on June 12 announced that a former Ontario Superior Court of Justice judge has joined the law firm Thornton Grout Finnigan (TGF) as counsel and has joined Arbitration Place as a member arbitrator.

  • June 23, 2017

    Brazilian Reinsurer Owes $5M Under Arbitration Award, Insurer Asserts

    NEW YORK — An insurer argues in a June 21 reply brief filed in a New York federal court that a Brazilian reinsurer is obligated to pay $5 million under an arbitration award so that the insurer can pay a settlement it reached with a steel maker in a related dispute (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).

  • June 23, 2017

    ICSID Rejects BIT Claims Against Algeria Over Telephone System Project

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 31 dismissed all of the claims asserted by an investment company against the People's Democratic Republic of Algeria, finding that it could not assert claims against Algeria that were already resolved in a settlement agreement that was entered into by its subsidiary (Orascom TMT Investments S.à r.l. v. People’s Democratic Republic of Algeria, No. ARB/12/35, ICSID).

  • June 21, 2017

    ICSID Invites Amicus Curiae Filings In NAFTA Case Filed Against Canada

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on June 20 announced that it is inviting nonparties in an arbitration commenced by a resource company against the government of Canada to submit amicus curiae briefs in accordance with the statement of the North American Free Trade Agreement (NAFTA) Commission (Lone Pine Resources Inc. v. The Government of Canada, No. UNCT/15/2, ICSID).

  • June 20, 2017

    PCA To Issue Final Award In Dispute Between Croatia And Slovenia

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on June 19 announced that it will issue its final award in a maritime arbitration pending between the Republic of Croatia and the Republic of Slovenia later this month (Republic of Croatia v. the Republic of Slovenia, No. 2012-04, PCA).

  • June 20, 2017

    Federal Judge Enters Default, Confirms $2.1M Award For ING Bank

    SEATTLE — After a fuel bunker trader failed to respond to a bank's petition to confirm a London arbitral award issued in its favor, a Washington federal judge on June 15 entered a default ruling for the bank and ordered the trader to pay it $2,103,750 (ING Bank, N.V. v. Express Pacific LLC, No. 17-0336, W.D. Wash., 2017 U.S. Dist. LEXIS 92464).

  • June 19, 2017

    U.K. Firm Proceeds With PCA Arbitration Against India Tax Department

    EDINBURGH, Scotland — A United Kingdom energy company on June 19 gave updates on a dispute with the Indian Income Tax Department, stating that an international arbitration over a tax assessment is progressing and that final hearings in the case will be held next year.

  • June 19, 2017

    Brazilian Reinsurer Says No Duty To Indemnify $5M Under Arbitration Award

    NEW YORK — A Brazilian reinsurer on June 14 argued that a New York federal court should deny an insurer’s request for $5 million under an arbitration award in order to pay a settlement it reached with a steelmaker because the settlement does not require reinsurance coverage (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).

  • June 19, 2017

    Judge Rejects Mesa Power's Petition To Vacate NAFTA Award For Canada

    WASHINGTON, D.C. — A District of Columbia federal judge on June 15 rejected an energy company's petition to vacate an international arbitral award in which a tribunal found that the Government of Canada did not violate the North American Free Trade Agreement (NAFTA), finding nothing to show that the tribunal exceed its authority (Mesa Power Group LLC v. Government of Canada, No. 16-1101, D. D.C., 2017 U.S. Dist. LEXIS 92037).

  • June 19, 2017

    U.S. Supreme Court Refuses To Hear Lago Agrio $18.5 Billion Fraud Case

    WASHINGTON, D.C. — The U.S. Supreme Court on June 19 refused to hear the appeal of a group of Ecuadorian residents and their attorney, who challenged a fraud ruling with regard to an $18.5 billion judgment they previously won against Chevron Corp. for injuries they had alleged were caused by the company’s oil field operations in Ecuador (Steven Donziger, et al. v. Chevron Corporation, No. 16-1178, U.S. Sup.).

  • June 15, 2017

    ITLOS President Gives Annual Report And Case Update

    HAMBURG, Germany — The president of the International Tribunal for the Law of The Sea (ITLOS) on June 12 issued the annual report for the tribunal, noting several important rulings and appointments. 

  • June 14, 2017

    Federal Judge Confirms PCA Award Against Cabo Verde, Enters Default

    WASHINGTON, D.C. — A District of Columbia federal judge on June 13 entered a default ruling against the Republic of Cabo Verde and granted a finance company's petition to confirm a $190,098.12 award against it, finding that Cabo Verde failed to respond to the petition or present any arguments as to why the award should not be enforced (Sterling Merchant Finance Ltd. v. Republic of Cabo Verde, No. 16-1285, D. D.C., 2017 U.S. Dist. LEXIS 90434).

  • June 14, 2017

    Venezuela Requests Stay Of Enforcement Of $1.2B Award Pending Appeal

    WASHINGTON, D.C. — The Bolivarian Republic of Venezuela on June 12 moved in a federal district court to stay the enforcement of a $1.2 billion arbitral award that was confirmed in favor of a Canadian investor, pending the outcome of its appeal of the decision to the District of Columbia Circuit U.S. Court of Appeals (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 16-0661, D. D.C.).

  • June 13, 2017

    Justice Finds Arbitrator Exceeded Authority, Requests More Information

    SYDNEY, Australia — A justice for the Federal Court of Australia on June 9 found that an arbitral process in a dispute over an agreement to sell shares in a food company was significantly flawed and that portions of partial awards should be set aside, but requested additional information from the parties before issuing a ruling (Hui v Esposito Holdings Pty Ltd., [2017] FCA 648, Australia Fed.).

  • June 9, 2017

    PCA And Djibouti Enter Host Country Agreement For Arbitrations

    THE HAGUE, The Netherlands — The Permanent Court of Arbitration (PCA) on June 6 announced that it has reached a host country agreement with the Republic of Djibouti, allowing PCA-administered cases to be heard there.

  • June 8, 2017

    D.C. Circuit Refuses To Rehear Appeal Of Order Confirming $18.4M Award

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on June 7 denied a petition filed by the government of Belize for rehearing of a decision in which the court rejected its appeal of an order confirming a $18,470,881 award issued in favor of a Belize bank (Belize Bank Limited v. Government of Belize, Nos. 16-7083 Consolidated with 16-7089, 16-7094, D.C. Cir., 2017 U.S. App. LEXIS 5587).

  • June 6, 2017

    Syndicates Ask Court To Compel Reinsurer To Follow Umpire Selection Process

    BOSTON — In a dispute over environmental claims, a collection of insurance syndicates on May 31 asked a Massachusetts federal court to compel a reinsurer to arbitrate their disagreement and to enforce the parties’ agreed-to procedure for the selection of an umpire (Certain Underwriters at Lloyd’s, London v. Transport Insurance Co., No. 17-10618, D. Mass.).

  • June 6, 2017

    Kuala Lumpur Centre Launches Updated Arbitration Rules

    KUALA LUMPUR, Malaysia— The Kuala Lumpur Regional Centre for Arbitration (KLRCA) on June 1 announced that it has released new rules, which are aimed at improving the quality of its arbitral awards. 

  • June 1, 2017

    D.C. Federal Judge Confirms $8.4M Award For Afghan Construction Firm

    WASHINGTON, D.C. — A District of Columbia federal judge on May 31 granted a construction company's petition to confirm an $8,462,516 arbitral award issued in its favor in relation to payment for subcontracting work on the construction of a power plant in Kabul, finding that the primary contractor on the project failed to show that a public policy exception under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards applied (Venco Imtiaz Construction Co. v. Symbion Power LLC, No. 16-1737, D. D.C., 2017 U.S. Dist. LEXIS 82480).