Mealey's International Arbitration

  • February 23, 2017

    ICSID Continues Stay Of Enforcement Of $48M Award Against Bolivia

    WASHINGTON, D.C. — An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 22 released its decision to deny a request by two entities to lift a stay of enforcement of a $48,619,578 arbitral award issued in their favor, continuing the stay until pending annulment proceedings filed by the Plurinational State of Bolivia are concluded (Quiborax S.A., et al. v. Plurinational State of Bolivia, ARB/06/02, ICSID).

  • February 23, 2017

    Chartered Institute Of Arbitrators Releases New Guidelines On Appointments

    LONDON — The Chartered Institute of Arbitrators (CIArb) on Feb. 22 announced that it has published new guidelines on the appointment of arbitrators.

  • February 23, 2017

    High Court Rejects Czech Republic's Petition For Review Of Award

    WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari filed by the Czech Republic-Ministry of Health, which sought review of an appellate court decision that reversed the denial of a petition to confirm a $325 million arbitral award in favor of a Liechtenstein corporation (The Czech Republic-Ministry of Health v. Diag Human S.E., No. 16-620, U.S. Sup.).

  • February 22, 2017

    London Market Reinsurers Say Arbitration Witness Was Convicted Of Fraud

    NEW YORK — A group of London market reinsurers on Feb. 20 brought to the attention of a federal court in New York that the lead witness in a reinsurance arbitration has recently been convicted of conspiracy and securities and wire fraud (Certain Underwriting Members at Lloyd’s, London v. Insurance Company of the Americas, No. 16-cv-00323, S.D. N.Y.).

  • February 21, 2017

    COMMENTARY: Extraordinary Becomes The Ordinary? Commisa Decision Urges Caution In Selecting Seat Of Arbitration As It Indicates Willingness By U.S. Courts To Enforce Arbitral Awards Previously Vacated Abroad

    By Purvin N. Patel

  • February 21, 2017

    Indian Firm Initiates Arbitration Against Industrial Development Authority

    NOIDA, India — An Indian toll bridge company on Feb. 17 said it has initiated arbitration proceedings against a development authority, asserting claims for breach of a concession agreement. 

  • February 17, 2017

    United Nations Says Iraq Signs Convention On Transparency In Arbitration

    VIENNA— The United Nations on Feb. 14 announced that Iraq has signed the United Nations Convention in Transparency in Treaty-based Investor-State Arbitration.

  • February 16, 2017

    Judge Dismisses Case Against UAE Company, Rejects Alter-Ego Theory

    TACOMA, Wash.— A Washington federal judge on Feb. 14 granted a motion filed by a United Arab Emirates (UAE) company and another entity to dismiss claims related to an underlying dispute under a medical services software agreement, finding that removal of the case was proper because it related to an international arbitral award and that a plaintiff failed to prove its alter-ego theory (Cerner Middle East Limited v. Belbadi Enterprises LLC, et al., No. 16-5706, W.D. Wash., 2017 U.S. Dist. LEXIS 20828).

  • February 16, 2017

    Dana Gas Says London Arbitral Tribunal Issued Award Against Kurdistan

    SHARJAH, United Arab Emirates — A United Arab Emirates gas company on Feb. 14 announced that a London tribunal has issued an award in its favor, finding that the Kurdistan Regional Government of Iraq (KRG) breached an underlying agreement and delayed its progress in completing a project.

  • February 14, 2017

    Judge Enforces $16.6M Award, Finds Morocco Was Not Primary Jurisdiction

    WASHINGTON, D.C. — A District of Columbia federal judge on Feb. 10 granted a petition to confirm a $16,666,677 international arbitral award issued in a dispute over an agreement for a construction project, finding that the Kingdom of Morocco failed to show that it was the primary jurisdiction for the case (Salini Costruttori S.p.A. v. Kingdom of Morocco, No. 14-cv-2036, D.D.C.; 2017 U.S. Dist. LEXIS 19044).

  • February 14, 2017

    ICSID Issues Order Terminating DR-CAFTA Claims Against Costa Rica

    WASHINGTON, D.C. — After investors opted to not pursue any remaining claims against the Republic of Costa Rica in relation to their investments in a land development project, the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 10 issued an order terminating the case without prejudice (Spence International Investments, et al. v. Republic of Costa Rica, No. UNCT/13/2, ICSID).

  • February 10, 2017

    ICSID Awards Resource Companies $379M In Damages For Treaty Violations

    PARIS — After rejecting grounds for reconsideration of a liability ruling submitted by the Republic of the Ecuador, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 9 released its award on damages in a case filed by a group of resource companies, awarding them $379,802,267 for breaches of a bilateral investment treaty (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).

  • February 9, 2017

    Federal Judge Enforces Ruling Confirming $20M Arbitral Award Against Belize

    WASHINGTON, D.C.— A District of Columbia federal judge on Feb. 6 granted a petition to enforce a judgment confirming a $20,106,100 arbitral award that was issued in London in favor of two companies, finding that actions taken by the government of Belize to prohibit enforcement do not affect the district court's jurisdiction (BCB Holdings Limited, et al. v. The Government of Belize, No. 14-1123, D. D.C., 2017 U.S. Dist. LEXIS 17070).

  • February 9, 2017

    Judge Orders European Reinsurer To Proceed With Arbitration Of Dispute

    NEW YORK — A federal judge in New York on Feb. 7 granted an insurer’s motion to stay a $5.4 million reinsurance dispute and compel a European reinsurer to the arbitration table, holding that the reinsurer cannot avoid an arbitration clause in a reinsurance agreement by arguing that the reinsurance agreement is void (HDI Global SE v. Lexington Insurance Company, No. 16-cv-07241, S.D. N.Y.).

  • February 8, 2017

    Tribunal Orders Ukraine To Pay $11.8M For Overpayment Of Royalties

    LONDON — A U.K. oil and gas company on Feb. 7 said an international arbitral tribunal has issued an award on its treaty claims against Ukraine, awarding it $11.8 million in damages related to royalties and production taxes its subsidiary paid.

  • February 8, 2017

    Insurer: Challenge Of Validity Of Reinsurance Agreement Should Be Arbitrated

    NEW YORK — A reinsured insurer argues in a Feb. 3 brief in a federal court in New York that since a German reinsurer is challenging an agreement as a whole and not the arbitration clause, the parties’ dispute regarding the validity of a reinsurance agreement should be left to arbitrators to decide (HDI Global SE v. Lexington Insurance Company, No. 16-cv-07241, S.D. N.Y.).

  • February 7, 2017

    Judge Compels Arbitration Of Insurers' Contract-Related Claims In Germany

    MOBILE, Ala. — An Alabama federal judge on Feb. 3 granted a French energy company's motion to compel arbitration in Germany of claims asserted by numerous insurers in relation to a failed engine (Outokumpu Stainless USA LLC, et al. v. Converteam SAS, a foreign corporation now known as GE Energy Conversion France SAS, Corp., No. 16-00378, S.D. Ala., 2017 U.S. Dist. LEXIS 15331).

  • February 2, 2017

    ICSID Orders Turkmenistan To Pay $2.8M To Investor For Breaches Of Treaty

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 1 released its award in an arbitration commenced by a U.K. investor in relation to a contract for the construction of highway bridges and overpasses, ordering Turkmenistan to pay the company $2,892,400 in damages and costs, plus interest (Garanti Koza LLP v. Turkmenistan, No. ARB/11/20, ICSID).

  • February 2, 2017

    9th Circuit Affirms Dismissal Of Claims Based On Foreclosure

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Jan. 26 affirmed a district court's dismissal of a property owner's foreclosure-related claims against various banks and lenders, finding that he failed to state a plausible claim for relief (Cris J. Markey v. Bank of America, N.A., et al., No. 13-17157, 9th Cir., 2017 U.S. App. LEXIS 1412).

  • February 2, 2017

    2nd Circuit: No Error In Finding Umpire Showed No Evident Partiality

    NEW YORK — A Second Circuit U.S. Court of Appeals panel on Jan. 31 affirmed a lower court’s confirmation of a number of international arbitration awards, finding that the arbitration umpire did not exhibit evident partiality to a retrocessional reinsurer (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 16-1267, 2nd Cir., 2017 U.S. App. LEXIS 1686).