JEFFERSON CITY, Mo. — A German company on June 13 filed a petition in a Missouri federal court, asking it to confirm a $6,233,909 arbitral award issued in its favor in London (MTU Maintenance Berlin-Brandenburg Gmbh v. ProEnergy Services LLC, No. 2:19cv4118, D. Mo.).
NEW ORLEANS — A Petroleum company on June 19 filed its response to an appeal brought in the Fifth Circuit U.S. Court of Appeals by Ukraine’s largest oil company, arguing that a district court’s order confirming a $145.7 million arbitration award issued in its favor should be upheld because the court had jurisdiction over the case under the Federal Arbitration Act (FAA) (OJSC Ukrnafta v. Carpatsky Petroleum Corp., et al., No. 19-20011, 5th Cir.).
WASHINGTON, D.C. — A District of Columbia federal judge on June 13 denied a petition to confirm a $128,862,457 award issued against the Ministry of Defense of the Bolivarian Republic of Venezuela, holding that a Mississippi federal court had jurisdiction over the case (Huntington Ingalls Incorporated v. Ministry of Defense of the Bolivarian Republic of Venezuela, No. 1:18cv469, D. D.C., 1:18-cv-0469, 2019 U.S. Dist. LEXIS 99204).
WILMINGTON, Del. — A Delaware federal court on June 12 entered a default against the Bolivarian Republic of Venezuela after it failed to respond to a plastics manufacturer’s petition to confirm a $42,342,379.31 international arbitration award (Saint-Gobain Performance Plastics Europe v. Bolivarian Republic of Venezuela, et al., No. 18-1963, D. Del.).
WILMINGTON, Del.— A Delaware federal judge on June 10 granted a hotel group’s request for the issuance of evidence in France and the Netherlands to be used in a federal court action in which a Moroccan hotel owner seeks confirmation of an approximately $60 million arbitral award based on an alter-ego liability claim (Compagnie Des Grands Hotels D’Afrique S.A. v. Starman Hotel Holding LLC, No. 1:18cv654, D. Del.).
MIAMI — Franchisors of retail stores on June 11 filed a petition in a Florida federal court to confirm a $5,101,194.67 international arbitral award issued in their favor over the breach of a franchise agreement for the operation of retail stores in Panama, Columbia and Costa Rica (GPS Strategic Alliances LLC, et al. v. Superior Retail, Inc., et al., No. 1:19-cv-22407, S.D. Fla.).
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on June 11 refused to annul the majority of an award issued in favor of Saint Lucia but annulled a part of the award that dismissed a Texas corporation’s arbitration claims against it with prejudice (RSM Production Corp. v. Saint Lucia, No. ARB/12/10, ICSID).
DENVER — After recently moving to alter or amend a decision confirming an arbitral award issued in favor of a gold mining entity, a resource company on June 7 also moved to stay enforcement of the judgment pending its appeal to the 10th Circuit U.S. Court of Appeals (Goldgroup Resources Inc. v. DynaResource De Mexico, S.A., C.V., et al., No. 16-cv-02547, D. Colo.).
NEW YORK — After holding that a dietary supplement provider forfeited its argument that an underlying agreement with a seller of supplements was fraudulent by not raising it in arbitration, the Second Circuit U.S. Court of Appeals on June 4 affirmed a decision confirming an arbitral award issued by the China International Economic and Trade Arbitration Commission (CIETAC) (Tianjin Port Free Trade Zone International Trade Service Co., Ltd. v. Tiancheng Chempharm, Inc. USA, No. 18-1918, 2nd Cir., 2019 U.S. App. LEXIS 17018).
NEW YORK — A Guernsey resource company on June 4 asked a New York federal court to dismiss a Brazilian entity’s petition to confirm an approximately $2 billion arbitral award or to defer a decision until its action to set aside the award in England is resolved (ValeS.A. v. BSG Resources Limited, No. 19-cv-3619, S.D. N.Y.).
ORLANDO, Fla. — After holding that an insured signed an insurance contract, a Florida federal judge on June 3 refused to remand a property group’s coverage action to a state court, concluding that removal was proper pursuant to the Conventionon the Recognition and Enforcement of ForeignArbitralAwards (White Eagle Property Group, LLC v. Amrisc, LLC et al., No. 6:19-cv-335, S.D. Fla., 2019 U.S. Dist. LEXIS 92027).
CINCINNATI — The Sixth Circuit U.S. Court of Appeals on May 30 affirmed a lower federal court’s ruling that confirmed a $1.35 million arbitration award in favor of Ford Motor Co. in a Kuwaiti company’s lawsuit alleging that it was not bound to arbitrate whether Ford acted properly in terminating the parties’ resale agreement (Arabian Motors Group, W.L.L. v. Ford Motor Company, No. 18-1748, 6th Cir., 2019 U.S. App. LEXIS 16121).
WASHINGTON, D.C. — The Bolivarian Republic of Venezuela on May 30 filed an unopposed motion to hold its appeal in the District of Columbia Circuit U.S. Court of Appeals of a decision confirming an approximately $966.5 million international arbitral award for a Canadian mining company in abeyance, pending the outcome of an appeal in France of a decision that partially set aside the award (RusoroMining Limited v. Bolivarian Republic of Venezuela, No. 16-cv-02020, D.C. Cir.).
WASHINGTON, D.C. — An ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on May 29 refused to annul an approximately $324,254,807 arbitral award issued for investors in airlines in the Argentine Republic, rejecting Argentina’s argument that the tribunal manifestly exceeded its powers (TeinverS.A., Transportes de Cercanias S.A. and Autobuses Urbanos del Sur S.A. and the Argentine Republic, No. ARB/09/1, ICSID).
WASHINGTON, D.C. — After rejecting Ukraine’s argument that an arbitration agreement cannot constitute an implied waiver of foreign sovereign immunity, the District of Columbia Circuit U.S. Court of Appeals on May 28 affirmed a district court’s denial of a motion to dismiss a petition to confirm a $112 million arbitral award issued for a Russian entity in a dispute over shares in a Ukrainian oil company (PAOTatneft v. Ukraine, No. 18-7057, D.C. Cir.).
NEW ORLEANS — After holding that an award issued in a dispute over a sale and purchase agreement for the sale of assets was reasoned and that arbitrators did not exceed their powers, the Fifth Circuit U.S. Court of Appeals on May 24 affirmed the confirmation of a $9.8 million award issued in favor of Argentinian and Netherlands entities (YPF S.A., et al. v. Apache Overseas Incorporated, et al., No. 17-20802, 5th Cir., 2019 U.S. App. LEXIS 15567).
NEW YORK — The Hellenic Republic on May 23 filed a notice of appeal in New York federal court indicating its intent to appeal to the Second Circuit U.S. Court of Appeals the lower court’s decision that a reasonable amount of time has passed since the lower court confirmed an international arbitral award in favor of a company contracted to provide operations and security support for Olympic games (Science Applications International Corporation v. The Hellenic Republic, No. 18-327, S.D. N.Y.).
LCIA Perspectives, Parts 10 - 12
NEW YORK — JAMS on May 20 announced that it has opened international arbitration centers in Los Angeles and New York.
NEW ORLEANS — Ukraine’s largest oil company on April 18 filed an opening brief in the Fifth Circuit U.S. Court of Appeals in its appeal of a district court’s confirmation of a $145.7 million award, arguing that the court lacked removal jurisdiction (OJSC Ukrnafta v. Carpatsky Petroleum Corp., et al., No. 19-20011, 5th Cir.).