Mealey's International Arbitration

  • November 23, 2022

    High Court Urged To Review Circuit Split Over Choice Of Law In Arbitration Cases

    WASHINGTON, D.C. — An Australian entity urges the U.S. Supreme Court in a petition for a writ of certiorari to address a “long-simmering split among the circuits” regarding whether the Federal Arbitration Act (FAA) allows federal law to apply by default to an arbitration agreement in a contract governed by state law, as the 11th Circuit U.S. Court of Appeals held when applying federal rather than Georgia law to uphold an $8 million arbitral award against it.

  • November 22, 2022

    ICSID Denies Colombia Access To Investor’s Restructuring Records In $350M Claim

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 21 published a tribunal’s order denying the Republic of Colombia’s request for unredacted records regarding the corporate restructuring of an internet services investor who claims that Colombia caused it more than $350 million in damages by expropriating its contract.

  • November 11, 2022

    COMMENTARY: Can You Still Enforce Awards In Spain That Have Been Set Aside?

    By Javier Hernández Valenciano

  • November 01, 2022

    COMMENTARY: Arbitral Immunity At Common Law And Its Limits

    By Robert M. Hall

  • November 21, 2022

    Guatemala Again Seeks Default Against Israeli Energy Company In $1.8M Award Row

    NEW YORK — The Republic of Guatemala again moved in a New York federal court for entry of default judgment confirming a $1.8 million award for arbitration costs and legal fees against an Israeli energy company that has not appeared in nearly 12 months to respond to the petition regarding a two-year-old arbitration award.

  • November 21, 2022

    Arbitrator, CPR Ask Court To Quash Subpoena In $50M Award-Debtor’s Litigation

    NEW YORK — The International Institution for Conflict Prevention & Resolution (CPR) and the arbitrator who issued a $50 million arbitral award against a Japanese businessman on Nov. 18 filed an emergency motion in New York federal court to quash a subpoena issued to the arbitrator by a company the businessman says must indemnify him for the full award, writing that the subpoena impermissibly seeks testimony about a confidential arbitral proceeding.

  • November 21, 2022

    German Cement Investor’s Claims Against Iraq Dismissed By ICSID Tribunal

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal dismissed all claims brought by a German investor against the Republic of Iraq for allegedly causing it nearly $890 million in damages by expropriating its industrial investments in Iraq and Kurdistan, writing that it lacks jurisdiction because Germany “never ratified” a bilateral investment treaty (BIT) with Iraq and no other treaty or contract creates jurisdiction.

  • November 18, 2022

    ICSID Tribunal Denies Miners’ Association’s Request For Arbitral Documents

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal hearing a mining dispute between a Canadian mining company and the Republic of Colombia recently rejected a miners’ association’s request for access to documents and evidence provided by the parties in the arbitration.

  • November 18, 2022

    Italy Challenges 190M Euro ICSID Award To Driller For Offshore Drilling Ban

    WASHINGTON, D.C. — The Italian Republic has applied to the International Centre for Settlement of Investment Disputes (ICSID) to annul a more than 190-million-euro award against it for breaching the Energy Charter Treaty (ECT) by unlawfully expropriating three companies’ investments by prohibiting offshore drilling after its environmental ministry authorized their project.

  • November 17, 2022

    Panel Sends Lawyer’s Dispute With Former Firm To New York Arbitration

    LOS ANGELES — A California appellate panel ordered a long-running dispute between a lawyer and his former firm over the allocation of a contingency fee arising out of an international arbitration in China to arbitration in New York, ruling that arbitrators must address the lawyer’s argument that he is entitled to void his agreement to arbitrate with the firm under California law.

  • November 17, 2022

    Tribunal Orders Venezuela To Pay Oil Investor $108M In Unpaid Dividends Dispute

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Nov. 16 published a tribunal’s final award ordering the Bolivarian Republic of Venezuela to pay a Barbadian oil and gas investor more than $108 million plus more than 600,000 euros for two years of intentionally unpaid dividends on its shares of a Venezuelan entity, plus interest accrued since 2011, attorney fees and arbitration costs.

  • November 17, 2022

    English Justice Rejects Nigerian Company’s Challenge To Tribunal’s Jurisdiction

    LONDON — A justice of the High Court of England and Wales on Nov. 17 denied two applications by a Nigerian oil field development company challenging an International Chamber of Commerce (ICC) tribunal’s awards finding jurisdiction over a dispute with a company that lent it roughly $500 million and consolidating the claim with another arbitration brought by investors who lent it nearly $1.5 billion, finding that the parties’ arbitration agreement took effect as soon as the lenders requested arbitration of the dispute.

  • November 10, 2022

    Court Asked To Compel Arbitration With Unauthorized Reinsurer Over Security

    NEW HAVEN, Conn. — Alleging in part a $22,738,571 deficiency in required security for four reinsurance agreements, an insurer petitioned a Connecticut federal court to compel arbitration with “an unauthorized reinsurer domiciled in the Cayman Islands.”

  • November 09, 2022

    Netherlands Says ICSID Should Reject Coal Investors’ 1.4B Euro Claim

    WASHINGTON, D.C. — The Kingdom of the Netherlands in a countermemorial published online by the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 8 urges a tribunal to find that it did not violate the Energy Charter Treaty (ECT) or cause coal power investors 1.4 billion euros in damages by banning coal-powered energy plants after 2030 because the move was “a legitimate exercise of the Netherlands’ right to regulate in the public interest to curb global warming.”

  • November 08, 2022

    Reinsurer Urges Judge To Reconsider Enforcement Of $33M Awards Against Argentina

    WASHINGTON, D.C. — A reinsurer in a new motion urges a District of Columbia federal judge to reconsider evidence it says was not fully considered before dismissal of its petition to enforce two arbitral awards worth $33 million against the Republic of Argentina, arguing that the evidence shows that Argentina is not only successor-in-interest but also an alter ego to a state-owned company that incurred debts in the underlying dispute.

  • November 07, 2022

    No-Show Virginia Company Must Pay $538K Award To Spanish Manufacturer, Judge Rules

    RICHMOND, Va. — A Virginia federal judge confirmed an International Chamber of Commerce (ICC) tribunal’s award, granted a motion for default judgment filed by a Spanish manufacturer of high-pressure food processing machines and ordered a Virginia company to pay more than $538,000 for breaching a sales contract by failing to pay for the installation and delivery machines.

  • November 04, 2022

    NAFTA Investor Opposing $2M Award Says Tribunal Ignored Expert Evidence

    CEDAR RAPIDS, Iowa — A telecommunications investor says an Iowa federal court should refuse to enforce a more than $2 million award issued against him by an International Centre for Settlement of Investment Disputes (ICSID) tribunal that rejected his claims for North American Free Trade Agreement (NAFTA) violations against the United Mexican States, claiming that the arbitrators ignored his expert witnesses’ evidence.

  • November 01, 2022

    Saudi Heirs’ Lawyer Faked Article In $18B Award Fight, Special Master Says

    SAN FRANCISCO — A special master recommended that the Ninth Circuit U.S. Court of Appeals sanction an attorney for the heirs of Saudi Arabian sheikhs for submitting a falsified news article as evidence in support of his attempts to enforce a controversial $18 billion arbitral award against American oil companies by ordering him to pay the companies attorney fees and referring him for disciplinary proceedings.

  • November 01, 2022

    High Court Urged To Review Russian’s RICO Claim In $92M Award Row

    WASHINGTON, D.C. — A Russian award-debtor residing in California and a Monaco bank separately filed petitions for certiorari to the U.S. Supreme Court urging it to resolve a circuit split over whether foreign plaintiffs can bring Racketeer Influenced and Corrupt Organizations Act (RICO) claims for harm to “intangible property,” after the Ninth Circuit U.S. Court of Appeals allowed RICO claims against them for conspiring to evade enforcement of a $92 million award.

  • October 27, 2022

    Company Urges 2nd Circuit To Affirm $27M Award Against Libya For Factory Dispute

    NEW YORK — A Cypriot company in an Oct. 26 appellee brief urges the Second Circuit U.S. Court of Appeals to affirm the confirmation of an award worth more than $27 million against Libya for attempting to expropriate land on which the company had built a factory, arguing that the tribunal properly found jurisdiction over the arbitration despite the company’s litigation of the same claims in Libyan courts.