WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 22 declined to review a Fifth Circuit U.S. Court of Appeals ruling affirming the confirmation of an award valued at approximately $622 million that was challenged by three petroleum companies that contended that the Fifth Circuit misapplied the Panama Convention’s public policy defense when it deferred to a tribunal’s findings giving effect to a contract procured through bribery.
[Editor’s Note: Copyright © 2021, LexisNexis. All rights reserved.]
MIAMI — An insurer on Feb. 17 filed notice in a Florida federal court, where it is being sued by a quadriplegic woman and her husband to indemnify an insured Caribbean excursion operator and related entities, that a Hong Kong tribunal recently ruled that the insureds’ policy would not cover a $66.5 million judgment in favor of the couple.
NEW ORLEANS — A Louisiana federal judge on Feb. 18 ordered two cleaning companies that previously consented to arbitration of nonpayment claims against a group of insurers including two foreign entities to also arbitrate their bad faith claims against a nonsignatory under doctrines of estoppel after finding that the companies’ claims against the nonsignatory all relate to the agreement containing the arbitration provision, but denied the defendants’ request to remove the companies’ appointed arbitrator.
BOSTON — A Boston financial advisory company and Moldovan businessmen and their companies on Feb. 17 filed a joint motion for a protective order regarding discovery into the Republic of Kazakhstan’s assets that are being sought to satisfy an arbitral award worth more than $500 million after a Massachusetts federal magistrate judge recommended denying the company’s motion for clarification or reconsideration of an earlier order approving limited discovery.
MELBOURNE, Australia — A Federal Court of Australia Full Court panel on Feb. 1 set aside a court order directing the Kingdom of Spain to pay 101 million euros to a pair of European renewable energy investors, finding that while the court properly found that Spain can’t claim sovereign immunity from the award, the form of the court’s order was improper for a recognition proceeding under Australian law.
SAN FRANCISCO — An Indian incense company in a Feb. 3 petition for panel rehearing or rehearing en banc argues that a split Ninth Circuit U.S. Court of Appeals panel’s ruling that the company as nonsignatory to an arbitration agreement can’t rely on doctrines of equitable estoppel to compel arbitration with a former partner and his company contradicts U.S. Supreme Court and Ninth Circuit precedent.
LONDON — An English justice on Feb. 15 found no basis for the Republic of Sierra Leone’s challenge to an International Chamber of Commerce (ICC) tribunal’s partial final award finding jurisdiction over a claim brought by a mining company, finding that while Sierra Leone challenged the arbitration as commenced too early, it had itself demanded that the company file its request for arbitration before a three-month period for exploring a settlement had elapsed.
SAN FRANCISCO — A Ninth Circuit U.S Court of Appeals panel on Feb. 16 affirmed a district court’s dismissal of a shareholder’s derivative lawsuit seeking to compel arbitration with the state of Qatar and its armed forces, finding that the shareholder had failed to establish any basis for voiding a forum selection clause in an earlier agreement settling the dispute and presented no evidence that he would be deprived of due process in Qatari courts.
WASHINGTON, D.C — Two United Kingdom-based energy companies on Feb. 12 filed a petition in District of Columbia federal court to confirm a Permanent Court of Arbitration (PCA) award in their favor worth more than $1.2 billion against the Republic of India for India’s retroactive imposition of tax liability on the companies’ capital gains from a 2006 reorganization and subsequent forced sale of one company’s equity shares worth approximately $1 billion.
WILMINGTON, Del. — The Bolivarian Republic of Venezuela, CITGO Petroleum Corp., Venezuela’s state-owned oil company and its U.S. subsidiary on Feb. 12 filed notice in a Delaware federal court that they will appeal the court’s recent ruling approving the sale of oil shares to satisfy a $1.4 billion arbitral award against Venezuela to the Third Circuit U.S. Court of Appeals and also moved for a stay pending their appeal.
WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) ad hoc committee in a decision published Feb. 11 declined Canada’s request that the committee admit new evidence in support of its application to partially annul an arbitral award with a dissent dismissing an Egyptian investor’s claims that Canada harmed its investment in wireless spectrum, which the investor has also applied to annul.
WASHINGTON, D.C. — The Boeing Co. and Rolls-Royce PLC urge the U.S. Supreme Court in a Feb. 10 brief to not grant certiorari sought by an engine parts manufacturer because the circuit split over whether the federal statute governing judicial assistance in discovery for foreign and international tribunals is “shallow” and the underlying arbitration will likely be rendered moot before the high court can issue a ruling.
NEW YORK — A Second Circuit U.S. Court of Appeals panel on Feb. 9 affirmed a district court’s dismissal of a law firm’s petition to vacate an award of zero damages against its former European clients who discharged the firm before settling an Argentine bond lawsuit for more than $163 million, writing that the law firm did not comply with the service deadline in the Federal Arbitration Act (FAA).
WASHINGTON, D.C. — Two Swedish investors and their companies on Feb. 4 filed a motion for summary affirmance in the District of Columbia Circuit U.S. Court of Appeals where the government of Romania is appealing a district court’s denial of its motion for relief from a previously confirmed arbitral award worth more than $356 million, writing that Romania’s issues on appeal have no merit as it has admitted not satisfying the full judgment against it.
WASHINGTON, D.C. — Two Mexican companies in a Jan. 14 petition for a writ of certiorari urge the U.S. Supreme Court to resolve a district court split over whether service by email to a foreign entity’s U.S. counsel violates the Hague Service Convention or, in the alternative, to grant certiorari and vacate the 10th Circuit U.S. Court of Appeals ruling affirming the confirmation of a more than $36 million award against them based on its allegedly improper application of the forum contacts test to establish personal jurisdiction.
WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal on Feb. 1 ordered the bifurcation of Egyptian investors’ claims that the State of Kuwait harmed their investment in a housing project to first address Kuwait’s objections that the investors did not all make qualifying investments, that certain claims are time-barred and that the investors attempted to settle the dispute before commencing arbitration.
WASHINGTON, D.C. — A federal judge in the District of Columbia on Feb. 1 granted a French company’s motion for summary judgment, registered an arbitral award worth more than $44 million in its favor against the Bolivarian Republic of Venezuela and denied the republic’s cross-motion to dismiss after finding that it was properly served when the company sent documents to the Foreign Ministry under President Nicolás Maduro despite the ministry not returning a completed certificate of service.
WASHINGTON, D.C. — Three petroleum companies in a Jan. 25 petition for a writ of certiorari to the U.S. Supreme Court say clarification is needed of what standard of review courts should apply to public policy defenses in proceedings to confirm arbitral awards, arguing that in their case, the Fifth Circuit U.S. Court of Appeals improperly deferred to a tribunal’s findings giving effect to a contract procured through bribery when it affirmed the confirmation of an award valued at approximately $622 million.
NEW HAVEN, Conn. — A Connecticut federal judge on Jan. 26 ordered a Taiwanese company that sued its Delaware-based joint venture partner for claims including breach of fiduciary duty and violations of anti-racketeering law to commence arbitration before the International Chamber of Commerce (ICC) within 30 days to determine whether the claims are arbitrable or face dismissal for failure to prosecute.