Mealey's International Arbitration

  • August 02, 2022

    9th Circuit: Jones Day May Summon Orrick Partners To Arbitration In Calif.

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Aug. 1 reversed a district court’s dismissal of a law firm’s petition to compel a California-based law firm and two of its partners to comply with a summons to appear at a hearing for an international arbitration seated in Washington D.C., with the panel ruling that venue was proper in the Northern District of California in light of the “permissive” venue provision in Section 204 of the Federal Arbitration Act (FAA).

  • August 01, 2022

    High Court Won’t Rehear Challenge To Saudi Company’s Immunity From $18B Award

    WASHINGTON, D.C. — The U.S. Supreme Court on Aug. 1 denied a petition for rehearing filed by the heirs of Saudi Arabian sheikhs’ heirs in their ongoing fight for review of the Fifth Circuit U.S. Court of Appeals’ ruling that a Saudi oil company was immune from their petition to confirm an approximately $18 billion arbitral award, with the heirs arguing for rehearing because the petitioners include a diplomat.

  • August 01, 2022

    Court Confirms Award, Orders Data Center To Maintain Status Quo During Arbitration

    HONOLULU — A Hawaii federal judge on July 28 granted a Singapore entity and California businessman’s motion for an expedited order confirming an interim arbitral award directing a Guam-based data center operator to maintain the status quo and continue allowing the plaintiffs to operate their subsea fiberoptic cable company at the center while the parties dispute more than $300,000 in invoices.

  • July 28, 2022

    D.C. Circuit Denies Romania Rehearing Of $356M ICSID Award To Swedish Investors

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on July 27 denied the government of Romania’s petitions for panel and en banc rehearing of a panel’s June 24 ruling affirming a district court’s denial of Romania’s motion for relief from a $356 million judgment for an arbitral award that Romania claimed it had paid in Romanian currency, of which the court found nearly $100 million was unpaid.

  • July 28, 2022

    Libya Says $27M Award Was Issued Under ‘Nonexistent’ Arbitration Agreement

    NEW YORK — The state of Libya in a July 27 appellant brief urges the Second Circuit U.S. Court of Appeals to reverse the confirmation of an award worth more than $27 million against it for attempting to expropriate land on which a Cypriot company had built a factory, arguing that the arbitration agreement under a bilateral investment treaty (BIT) no longer existed after the company chose to bring the same claims in Libyan courts.

  • July 27, 2022

    Judge Stays Action To Confirm $136M Award Against India Pending Swiss Appeal

    WASHINGTON, D.C. — A District of Columbia federal judge on July 25 entered a minute order granting the Republic of India’s motion to stay a German entity’s petition to confirm a Permanent Court of Arbitration (PCA) arbitral award worth nearly $136 million for damages to its investment in an Indian telecommunications company that had its contract abruptly terminated, citing India’s challenge to the award now pending in Switzerland.

  • July 26, 2022

    9th Circuit Won’t Rehear RICO Standing Dispute In Bid To Enforce $92M Award

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on July 22 denied a petition for rehearing filed by a Russian award-debtor and his co-defendants who sought to challenge the court’s reversal of the dismissal of a lawsuit accusing them of violating the Racketeer Influenced and Corrupt Organizations Act (RICO) by conspiring to evade enforcement of a foreign arbitral award worth more than $92 million.

  • July 25, 2022

    ISCID Partly Redacts Award Denying Miners’ Claims Against Guinea

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal on July 22 agreed to partly redact references to a Swiss criminal prosecution from its May 18 award dismissing as inadmissible the claims brought by a group of mining entities that accuse Guinea of expropriating their investments by terminating their mining license, based on the tribunal’s finding that the entities engaged in “active bribery.”

  • July 25, 2022

    PCA Finds Jurisdiction Over Ukraine-Russia Vessel Detention Dispute

    THE HAGUE, Netherlands — A Permanent Court of Arbitration tribunal on June 27 upheld in part and denied in part the Russian Federation’s objections to arbitral claims brought against it by Ukraine for the 2018 detention of three Ukrainian vessels and 24 servicemen, finding that it had jurisdiction over the dispute and that certain events after the detention of the vessels were not immune from a U.N. maritime law convention

  • July 25, 2022

    11th Circuit:  Party Waived ‘Side-Switching’ Objection To $40M Arbitral Award

    MIAMI — The 11th Circuit U.S. Court of Appeals on July 22 affirmed a district court’s refusal to vacate a more than $40 million arbitral award against a Peruvian contractor based on “side-switching” by two of its attorneys during the arbitration, ruling that the issued was waived as untimely raised more than a year after it was disclosed.

  • July 13, 2022

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

    By Remi Sassine and Dilara Khamitova

  • July 21, 2022

    COMMENTARY: International Arbitration Experts Discuss ZF Automotive US, Inc. v. Luxshare, Ltd.

    [Editor’s Note: Copyright © 2022, LexisNexis. All rights reserved.]

  • July 22, 2022

    Lithuania Says It Won Russian Investor’s Dispute Over Bank’s Nationalization

    VILNIUS, Lithuania — The Republic of Lithuania’s Ministry of Finance on July 13 announced that an ad hoc tribunal had on July 1 ruled against a Russian entity, as assignee of a Russian investor’s rights, who had claimed a breach of the Russia-Lithuania bilateral investment treaty (BIT) based on the nationalization of a bank.

  • July 22, 2022

    High Court Urged To Rehear Saudi Sheikhs’ Heirs’ Claim For $18B Oil Fields Award

    WASHINGTON, D.C. — The heirs of Saudi sheiks on July 18 petitioned the U.S. Supreme Court for rehearing of their petition for a writ of certiorari seeking review of the Ninth Circuit U.S. Court of Appeals’ refusal to enforce an $18 billion arbitral award against an American oil company and its subsidiary for the use of Saudi oilfields, arguing that rehearing is warranted because the Ninth Circuit did not provide them with video of a hearing on potential sanctions for their attorney.

  • July 22, 2022

    ICSID Committee Dismisses Spain’s Bid To Annul $60M Intra-EU Arbitral Award

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) ad hoc committee on June 10 dismissed the Kingdom of Spain’s application to annul an award worth more than $60 million in favor of Luxembourg and Jersey investors for harming their investments in Spain’s renewable energy industry, rejecting Spain’s intra-EU argument and ordering it to pay the investors more than 791,000 British pounds in attorney fees and $451,000 in arbitration costs.

  • July 22, 2022

    ICSID Tribunal Pauses Interest On $16M Award Pending Decision On Annulment

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) ad hoc committee on July 21 granted the republic of Panama’s application for stay of enforcement of an award worth more than $16 million against it in favor of an American mining company that has applied to annul the tribunal’s damages award and denied Panama’s request to dismiss the annulment application as manifestly without legal merit.

  • July 22, 2022

    Judge Orders Briefs On Arbitrability In Dispute Over Litigation Funder’s $65M Award

    OAKLAND, Calif. — A California federal judge on July 20 ordered supplemental briefing from an entrepreneur and his company and a litigation funder on what law governs arbitrability of a dispute between the parties over the enforceability of two London Court of International Arbitration (LCIA) awards worth more than $65 million that the funder won after claiming that water rights litigation it financed was settled for an unfairly low amount.

  • July 21, 2022

    Judge Transfers Telecoms Company Shareholder Dispute Over Arbitral Counsel To New York

    MIAMI — A Florida federal judge on July 19 granted a motion to transfer to New York federal court a dispute over the retention of legal counsel to represent a Latin American telecommunications infrastructure company in an arbitral dispute between its shareholders that is pending in New York, denying a bid to remand the case to state court and declining to rule on several other pending motions.

  • July 19, 2022

    9th Circuit Affirms $16.6M Award For Costco’s COVID Dispute With Tickets Seller

    PORTLAND, Ore. — A Ninth Circuit U.S. Court of Appeals panel on July 18 affirmed the confirmation of an arbitral award worth more than $16.6 million against a Canadian tickets provider in favor of Costco Wholesale Corp., which prevailed on claims that the provider kept millions of dollars in funds from Costco for tickets for events that were canceled, some of which had to be refunded.

  • July 18, 2022

    Judge Allows Award-Creditor To Attach $40 Million Of Brazilian Mogul’s Assets

    NEW YORK — A New York federal judge on July 14 granted a Brazilian company permission to use alternate service to contact a Brazilian businessman against whom it was awarded more than $40 million for his default on loans to a sanitation and infrastructure company and granted its renewed application to attach his assets at a New York bank to satisfy the award.