WASHINGTON, D.C. — A District of Columbia federal judge on March 25 granted a Canadian mining company's petition to confirm a $1.2 billion arbitral award issued by an international tribunal, rejecting the Republic of Venezuela's challenges to the award (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 16-0661, D. D.C., 2017 U.S. Dist. LEXIS 43697).
THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on March 21 announced that it is co-organizing a forum called “Mobilising Investments for a Sustainable Energy Future," which will be hosted by the International Energy Charter in Brussels, Belgium.
WILMINGTON, Del. — A Delaware federal judge on March 22 denied a motion filed by several companies to compel arbitration of claims asserted by an investor in relation to supply and operating agreements, finding that neither of the arbitration provisions in the contracts applies to his claims (Pei Chuang v. OD Expense, et al., No. 1:16-cv-00915, D. Del., 2017 U.S. Dist. LEXIS 40913).
THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on March 23 released its 2016 annual report announcing an increase in new arbitration requests and in administered cases.
SUBIACO, Western Australia — An Australian energy firm on March 23 announced that it will commence arbitration with the Singapore International Arbitration Centre (SIAC) against a uranium holding company, asserting claims related to a notice requesting that it determine the value of its shares in a mine.
LONDON— An English exploration company on March 23 announced that it has commenced arbitration against the Republic of Italy, asserting that it breached the Energy Charter Treaty (ECT).
WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).
TORONTO — The owner of a joint copper mining venture on March 21 said the International Centre for Settlement of Investment Disputes (ICSID) has found that the Islamic Republic of Pakistan violated a treaty in relation to a dispute over mining licenses.
NEW YORK — A New York federal judge on March 17 confirmed a $5,733,023 arbitral award issued in favor of a United Arab Emirates (UAE) company in a dispute over the termination of a food distribution agreement, but refused to award it sanctions, finding that the other party's motion to vacate the award was not frivolous (Al Maya Trading Establishment v. Global Export Marketing Co. Ltd., No. 16-CV-2140, S.D. N.Y., 2017 U.S. Dist. LEXIS 39192).
NEW ORLEANS — A Louisiana federal judge on March 16 found that an English insurer's removal of a former machinist's asbestos-related claims from a state court was appropriate, finding that the dispute could relate to an underlying arbitration agreement contained in an insurance policy (James Edward O'Connor v. Maritime Management Corp., et al., No. 16-16201, E.D. La., 2017 U.S. Dist. LEXIS 37798).
MIAMI — A Florida federal judge on March 13 compelled arbitration of a sous chef's injury-related claims against the owner of a ship, finding that they directly related to an underlying mandatory arbitration provision in her employment contract but remanded her claims against another vessel owner to a state court for lack of jurisdiction (Linnea Wexler v. Solemates Marine Ltd., et al., No. 16-cv-62704, S.D. Fla., 2017 U.S. Dist. LEXIS 36376).
ROSEMEAD, Calif. — Southern California Edison (SCE) on March 13 announced that an international arbitration tribunal has issued an award in a dispute over defective generators that were built for use at a nuclear plant, awarding SCE $125 million in damages.
NEW YORK— In a joint statement filed with the U.S. District Court for the Southern District of New York, an Indian telecommunications provider on March 13 said that it will pay a Japanese telecommunications company a $1.7 billion arbitral award pursuant to a settlement and requested that the case be stayed pending approval of the agreement between the parties by an Indian court (NTT Docomo Inc. v. Tata Sons Limited, No. 1:16-cv-7809, S.D. N.Y.).
THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on March 9 announced that it has issued an interim award in two cases in which investors assert claims against the Russian Federation for violation of a bilateral investment treaty, ruling on issues of jurisdiction and admissibility (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).
TORONTO — A Canadian energy company on March 8 said the Kyrgyz Republic has filed an application with an English court, seeking to set aside a jurisdictional award that was issued in favor of the company by an international arbitral tribunal.
NEW YORK — The Second Circuit U.S. Court of Appeals on March 2 granted a petition for rehearing filed by defendants in an action to confirm a $48 million arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration for the purpose of correcting its previous instructions to the district court with instructions that the district court apply New York law to the remaining issues of the case (CBF Industria de Gusa S/A, et al. v. Amci Holdings Inc., No. 15-1133, 15-1146, 2nd Cir., 2017 U.S. App. LEXIS 3815).
BOSTON — A Massachusetts federal judge on Feb. 28 refused to dismiss an action filed by a United Arab Emirates (UAE) company, which is seeking payments related to a $62 million arbitral award, finding that the underlying claims could potentially be affected by an arbitration agreement (Cerner Middle East Limited v. Ahmed Saeed Mahmoud Al-Badie Al-Dhaheri, et al., No. 16-11984, D. Mass, 2017 U.S. Dist. LEXIS 27954).
WASHINGTON, D.C. — An arbitrator for the International Centre for Settlement of Investment Disputes (ICSID) on March 1 released a decision in which he refused a request filed by investors in a luxury development in Costa Rica to stay an arbitration pending the outcome of their petition in a U.S. federal court to set aside an award, finding that a stay of the arbitration would prejudice the Republic of Costa Rica (Aaron C. Berkowitz, et al. v. The Republic of Costa Rica, No. UNCT/13/2, ICSID).
TORONTO — An energy firm on Feb. 28 announced that a Canadian court has recognized and enforced an arbitral award issued pursuant to the United Nations Commission on International Trade Law (UNCITRAL) against Republic of Kyrgyzstan.
THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Feb. 10 announced that it has signed a host country agreement with Malaysia.