Mealey's International Arbitration

  • March 25, 2021

    6th Circuit Told Fairness Act Applies To Foreign Dealers And Arbitrability

    CINCINNATI — A Kuwaiti car dealer in a March 22 appellant brief urges the Sixth Circuit U.S. Court of Appeals to find that the Motor Vehicle Franchise Contract Arbitration Fairness Act (the Fairness Act) applies to foreign dealers and that a district court reversibly erred by ordering it to arbitrate breach of contract claims against Ford Motor Co. rather than first evaluating the claims’ arbitrability.

  • March 24, 2021

    Court Enforcing $506M Award Won’t Enjoin Kazakhstan’s State Law Fraud Claims

    WASHINGTON, D.C. — A District of Columbia federal judge on March 19 declined a motion by nonparty investment entities and their CEO for leave to seek an injunction of the Republic of Kazakhstan’s fraud claims against them in a New York state court, writing that the district court’s decisions confirming an arbitral award against Kazakhstan did not address the new state law claims and that high court precedent weighs against interfering with the state court proceeding.

  • March 24, 2021

    D.C. Circuit Denies Swedish Investors’ Bid For Summary Affirmance Against Romania

    WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on March 19 denied a motion for summary affirmance filed by two Swedish investors and their companies who argued that the Circuit Court need not hear the government of Romania’s appeal of a district court’s denial of its motion for relief from a previously confirmed arbitral award worth more than $356 million, which Romania contends is no longer enforceable because it has satisfied the award in Romania.

  • March 23, 2021

    Judge Confirms ICC Award In Albanian Telecoms Company’s Favor

    NEW YORK — A New York federal judge on March 22 confirmed an arbitral award in favor of an Albanian company for more than 900,000 euros plus $61,000 in attorney fees against a New York company for breach of a settlement payment plan under a previously issued consent award.

  • March 22, 2021

    High Court Grants Cert In Foreign Tribunal Discovery Dispute

    WASHINGTON, D.C. — The U.S. Supreme Court on March 22 said it will review a dispute over whether the federal statute governing judicial assistance in discovery for foreign and international tribunals applies to private commercial arbitral tribunals, the subject of a 3-2 circuit split.

  • March 22, 2021

    Insurer: Quadriplegic Woman And Husband’s Appeal Mooted By Arbitral Award

    ATLANTA — An insurer on March 17 filed a reply urging the 11th Circuit U.S. Court of Appeals to dismiss as moot an appeal brought by a quadriplegic woman and her husband challenging a trial court’s denial of their motion to intervene in a lawsuit in which the operators of a tourist attraction where she was injured sought to halt arbitration, writing that because a Hong Kong tribunal recently found that the woman’s injury is not covered under the policy, the 11th Circuit can no longer provide any relief.

  • March 22, 2021

    Indian Company Urges Court Not To Substitute U.S. Subsidiary In $1.3B Award Row

    SEATTLE — An Indian state-owned corporation in a March 15 brief argues that a Washington federal judge should not substitute as plaintiff the U.S. subsidiary of an Indian telecoms company that won confirmation of an arbitral award worth nearly $1.3 billion and is currently in liquidation proceedings in India, and in another brief contends that it would violate international comity for the court to enjoin the proceedings in India as is sought by the subsidiary and the telecoms company’s Mauritian shareholders.

  • March 11, 2021

    COMMENTARY: 2020 Update To The IBA Rules: Modest Changes For Challenges New And Old

    By Albert Bates Jr. and R. Zachary Torres-Fowler

  • March 18, 2021

    Judge Vacates Award Against Moroccan Entity After UAE Company Fails To Appear

    NEW YORK — A New York federal judge on March 15 granted a Moroccan entity’s petition to vacate a Society of Maritime Arbitrators Inc. (SMA) award in favor of an Emirati company that did not respond to the petition because the parties’ contract did not call for arbitration before the SMA and the panel’s award did not address any of the petitioner’s objections to jurisdiction and arbitrability.

  • March 17, 2021

    ICSID Tribunal Won’t Suspend Criminal Investigation In Serbian Dairy Farm Dispute

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal on March 12 declined a group of Canadian and Cypriot investors’ request to order the Republic of Serbia to halt a criminal investigation into one of their witnesses in an arbitration over the alleged expropriation of their investment in a Serbian dairy farm, writing that the requested measures are neither “necessary nor urgent” and denying most of their post-briefing evidentiary requests.

  • March 17, 2021

    Judge Denies Motion To Stay Sale Of Venezuelan Oil Assets For $1.4B Arbitral Award

    WILMINGTON, Del. — A Delaware federal judge on March 16 orally denied a motion by the Bolivarian Republic of Venezuela, its state-owned oil company Petróleos de Venezuela S.A. (PDVSA) and their U.S. subsidiaries to stay a sale of Venezuelan oil shares to satisfy a $1.4 billion judgment in favor of a Canadian gold producer while the Venezuelan entities’ appeal to the Third Circuit U.S. Court of Appeals is pending.

  • March 17, 2021

    Alleged Saudi Heirs Ask 5th Circuit To Reverse Denial Of Bid To Confirm $18B Award

    NEW ORLEANS — The alleged heirs of a Saudi sheikh write in a March 15 appellant brief to the Fifth Circuit U.S. Court of Appeals that a district court reversibly erred by denying their petition to enforce an arbitral award worth approximately $18 billion against a Saudi oil company for the use of Saudi oil fields under a 1933 concession agreement and also say the court abused its discretion by striking their motion for reconsideration

  • March 17, 2021

    Egypt, Spanish Gas Company Settle Action To Enforce $2B ICSID Award

    WASHINGTON, D.C. — A federal judge in the District of Columbia on March 16 dismissed an action to confirm a $2 billion arbitral award against the Arab Republic of Egypt with prejudice after the parties submitted a joint stipulation indicating that all claims had been resolved under a settlement agreement.

  • March 16, 2021

    Court Confirms $54M Award Against Japanese Mogul In Favor Of Former Law Firm

    CHICAGO — An Illinois federal judge on March 12 confirmed a $54 million arbitral award in favor of a Chicago-based law firm and against a Japanese businessman who retained the firm for litigation in Nevada but refused to pay a contractually obligated $50 million contingency fee after the litigation was settled four months later.

  • March 16, 2021

    New Balance Say Award For Peruvian Contract Breaches Deserves ‘Extreme Deference’

    BOSTON — New Balance Athletics Inc. on March 8 moved to dismiss a petition filed by an Ecuadorian entrepreneur and his Peruvian business to vacate an approximately $3.3 million arbitration award in New Balance’s favor for breaches of a distribution contract and cross-moved to confirm the award, arguing that the plaintiffs’ petition is time-barred and that the court should defer to the arbitrator’s findings.

  • March 15, 2021

    Judge Won’t Reconsider Dismissing Action To Confirm Award Against Russian Company

    HOUSTON — A Texas federal judge on March 11 issued a one-page order denying a Texas company’s motion for reconsideration of his earlier ruling dismissing its action to confirm a $70 million arbitral award against a Russian oil company as outside the court’s jurisdiction due to the Russian company’s lack of sufficient minimum contacts in Texas.

  • March 15, 2021

    Magistrate Quashes Subpoenas For UAE Entity’s Google Records To Enforce $51M Award

    NEW YORK — A New York federal magistrate judge on March 12 quashed subpoenas issued to Google LLC for a United Arab Emirates joint stock company’s online records to aid in the enforcement of an arbitral award worth more than $51 million because the subpoenas were issued by a nonparty entity before its substitution as plaintiff in the litigation.

  • March 15, 2021

    Judge Finds Service Proper Under AAA Rules In Action To Confirm Nearly $3M Award

    CHARLOTTE, N.C. — A North Carolina federal judge on March 4 adopted a magistrate judge’s recommendation to deny a motion to dismiss a petition to confirm an arbitration award brought by a North Carolina business after finding that the defendants had actual notice of the action and consented to service by mail under the American Arbitration Association’s (AAA) Commercial Arbitration Rules.

  • March 11, 2021

    5th Circuit Affirms $138M Arbitral Award Against Venezuelan Defense Ministry

    NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on March 10 affirmed a district court’s confirmation of an arbitral award against the Ministry of Defense of the Republic of Venezuela and the court’s 2010 order compelling arbitration outside Venezuela because then-President Hugo Chávez’s influence made arbitration in the country “impracticable” in a way that was “unforeseeable” when a U.S.-based defense contractor entered the underlying contract.

  • March 11, 2021

    ICSID Orders Spain To Pay More Than 30 Million Euros For Reduced Tariff Incentives

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID)  tribunal in an award published March 9 ordered the Kingdom of Spain to pay more than 30 million euros with interest to two hydro and wind energy investors for damages caused when it reduced incentive tariffs for renewable energy sectors, with one arbitrator writing in a separate opinion that more damages should have been awarded.