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Mealey's International Arbitration

  • December 13, 2018

    Judge Holds Dispute Over Aircraft Management Must Be Arbitrated In London

    NEWPORT, Va. — After determining that a British Virgin Islands company’s claims related to alleged breaches of an aircraft management agreement fell within the scope of an arbitral provision and that the issue of arbitrability of the claims must be determined by an arbitrator, a Virginia federal judge on Dec. 7 compelled arbitration of the dispute to arbitration in London (GlobalOne Management Group Limited v. Tempus Applied Solutions, LLC, et al., No. 4:18cv59, E.D. Va., 2018 U.S. Dist. LEXIS 207301).

  • December 12, 2018

    Federal Judge Enters Final Judgment Confirming $145M Swedish Award

    HOUSTON — A Texas federal judge on Dec. 6 entered a final judgment confirming a $145.7 million arbitral award issued in favor of a petroleum company related to a project to develop oil and natural gas fields in the Ukraine after another entity voluntarily dismissed its remaining claims against two companies and claims against an individual were severed (OJSC Ukrnafta v. Carpatsky Petroleum Corp., et al., No. 09-891, S.D. Texas, 2018 U.S. Dist. LEXIS 193432).

  • December 7, 2018

    Judge Grants Netherlands Entity’s Request To Compel LCIA Arbitration

    SAN FRANCISCO — A California federal judge on Dec. 5 granted a Netherlands entity’s motion to compel arbitration of a dispute with a technology company in London pursuant to the terms of an agreement for the development of a customer interaction platform but refused to compel arbitration of claims asserted against a nonsignatory to the agreement (SteppeChange LLC v. VEON Ltd., et al., No. 18-cv-04842, N.D. Calif., 2018 U.S. Dist. LEXIS 205654).

  • December 7, 2018

    Federal Judge Confirms $2.2M Award For Failed Yacht Purchase Contract

    MIAMI — A Florida federal judge on Nov. 26 confirmed two arbitral awards issued for a Florida entity in a dispute over a contract for the purchase of a yacht, ordering a Chinese vessel maker to pay $2,258,465.05 (King Baby Marine, LLC v. Zhuhai Iag Yacht Engineering Co. Ltd., No. 18-cv-62172, S.D. Fla.).

  • December 5, 2018

    Judge Allows Kazakhstan To Seek Discovery For Use In Foreign Enforcement Cases

    NEW YORK — A New York federal judge on Nov. 30 granted a petition filed by the Republic of Kazakhstan for an order allowing it to seek discovery materials from a money management company for use in several foreign proceedings in which investors are attempting to enforce a $199 million arbitral award (In re Application of Republic of Kazakhstan, No. 18-543, S.D. N.Y.).

  • November 30, 2018

    PCA Gives Updates On UNCLOS Case Brought By Italy Against India

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Nov. 27 announced that a new arbitrator has been appointed in an arbitration commenced by Italy against India pursuant to the United Nations Convention on the Law of the Sea (UNCLOS) (The Enrica Lexie Incident [Italy v. India], No. 2015-28, PCA).

  • November 29, 2018

    Judge Confirms LCIA Award Over Breached Contracts For Sale Of Rice

    NEW YORK — A New York federal judge on Nov. 28 granted a petition to confirm an arbitration award filed by an Indian seller of rice, holding that the arbitrator did not exceed his authority and that the parties agreed to arbitration under the terms of the contracts (Bagadiya Brothers PVT Limited v. Churchgate Nigeria Limited, No 14-5656, S.D. N.Y., 2018 U.S. Dist. LEXIS 200550).

  • November 29, 2018

    Judge Confirms Award For South African Entity After Failure To Respond

    PITTSBURGH — After a Pennsylvania company failed to respond to a South African entity’s petition to confirm an arbitral award issued in its favor over a failed contract for the design and construction of a de-sulphurization plant in the Republic of South Africa, a Pennsylvania federal judge on Nov. 28 confirmed the award (ArcelorMittal South Africa Limited v. Vulcan International Inc., et al., No. 18cv1095, W.D. Pa.).

  • November 28, 2018

    Crystallex Seeks Stay After Venezuela Makes $500M Payment

    WILMINGTON, Del. — A Canadian mining company on Nov. 26 filed a letter in Delaware federal court, requesting that three actions in which it seeks to enforce a $1.2 billion arbitral award be stayed until next year, submitting that the parties have reached a settlement of the dispute and that the Bolivarian Republic of Venezuela has made an initial $500 million payment pursuant to the terms of the agreement (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 17-mc-151, D. Del.).

  • November 26, 2018

    PCA Orders Bolivia To Pay $28M For Violations Of Investment Treaty

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Nov. 23 issued an arbitral award in a dispute over a mining project, ordering the Plurinational State of Bolivia to pay a Bermuda entity $28 million in damages and interest (South American Silver Limited [Bermuda] v. The Plurinational State of Bolivia, No. 2013-15, PCA).

  • November 26, 2018

    Judge Lifts Stay Of Petition To Confirm $50M Award Against Moldova

    WASHINGTON, D.C. — A District of Columbia federal judge on Nov. 13 granted an investor’s request to lift the stay of its petition to enforce a $50 million arbitral award and denied a request by the Republic of Moldova to extend the stay, holding that the award was enforceable under French law and that the factors established in a Second Circuit U.S. Court of Appeals decision weighed in favor of lifting the stay (LLC Komstroy v. Republic of Moldova, No. 14-cv-01921, D. D.C., 2018 U.S. Dist. LEXIS 197432).

  • November 26, 2018

    Shook, Hardy & Bacon Adds New Chair Of Global Arbitration Practice

    MIAMI — Shook, Hardy & Bacon on Nov. 6 announced that it has added a new chair of its Global Arbitration Practice.  

  • November 26, 2018

    Shanghai Mediation Center, JAMS Form Joint Panel In Hong Kong, China

    IRVINE, Calif. — JAMS announced Oct. 29 that it and the Shanghai Commercial Mediation Center (SCMC) have created a joint panel of mediators in an effort to expand domestic and international services. 

  • November 13, 2018

    COMMENTARY: Jurisdictional Considerations: A Global Guide To Arbitration, The Americas

    By B. Ted Howes, Gustavo Fernandes and Alejandro López Ortiz

  • November 13, 2018

    COMMENTARY: 2018 HKIAC Rules Are Tweaked And Polished

    By Andrew Aglionby

  • November 13, 2018

    COMMENTARY: NY Appellate Division, In Daesang v. NutraSweet, Delivers A Blow To “Manifest Disregard” Doctrine

    By John Dellaportas and Kianous Mojabe

  • November 20, 2018

    Estate Asks Maryland Federal Court To Confirm HKIAC Award

    GREENBELT, Md. — An estate on Nov. 16 filed a petition to confirm in a Maryland federal court an arbitral award issued in its favor by a Hong Kong tribunal, seeking a judgment in the amount of the award, plus fees and costs (Estate of Ke Zhengguang v. Yu Naifen Stephany, No. 8:18cv3546, D. Md.).

  • November 19, 2018

    5th Circuit Refuses To Change Certified Question, Denies Petition For Rehearing

    NEW ORLEANS — In a majority decision, the Fifth Circuit U.S. Court of Appeals on Nov. 15 voted to deny a petition for rehearing in which a Korean company asked it to reconsider the question it recently certified to the Louisiana Supreme Court of whether a nonresident attachment statute allows for attachment in a suit to compel arbitration and in which it argued that the question would not resolve the issues in the case (Stemcor USA Incorporated v. Daewoo International Corp., No. 16-30984, 5th Cir.).

  • November 16, 2018

    Judge Refuses To Hold Off On Ordering Payment Of $22M Award, Enters Judgment

    MIAMI — A Florida federal judge on Nov. 13 denied a request by two companies that asked the court not to enter a judgment ordering them to pay a $22 million arbitral award, rejecting their argument that a payment they made pursuant to a Belgian court ruling satisfied the award because they are currently seeking to set aside the ruling in Belgium (Grupo Unidos Por El Canal, S.A., et al. v. Autoridad del Canal de Panama, 2018 U.S. Dist. LEXIS 195066).

  • November 15, 2018

    Judge Refuses To Stay Execution Of $497M Award Pending D.C. Circuit Appeal

    WASHINGTON, D.C. —  A District of Columbia federal judge on Nov. 13 denied a request filed by the Republic of Kazakhstan to stay the execution of a $497,685,101 arbitral award pending its appeal of an ordering confirming the award, finding that it failed to show that certain assets obtained in Europe were good alternative sources of security or that the usual requirement for posting a bond should not be followed by the court (Anatoli Stati, et al. v. Republic of Kazakhstan, No. 14-1638, D. D.C.).