Mealey's International Arbitration

  • July 22, 2021

    Indian Company Says 9th Circuit Contradicted High Court In 2nd Bid For Rehearing

    SAN FRANCISCO — An Indian incense company on July 21 again petitioned the Ninth Circuit U.S. Court of Appeals for panel rehearing or rehearing en banc after a split panel for the second time ruled that the company as nonsignatory to an arbitration agreement cannot rely on doctrines of equitable estoppel to compel arbitration with a former partner and his company.

  • July 21, 2021

    Creditors Say Kazakhstan’s Diplomatic Property Attachable Due To Commercial Use

    WASHINGTON, D.C. — A group of Moldovan investors and their businesses on July 19 filed an emergency motion for relief in a District of Columbia federal court, alleging that the Republic of Kazakhstan is illegally using a diplomat’s residence for commercial purposes and asking the court to attach the property, block its sale or require that any proceeds if it is sold be placed in escrow to pay off an arbitral award against Kazakhstan now worth more than $556.5 million with interest.

  • July 21, 2021

    TRO Remains In Effect; Appeal Stay Should Too, Bermuda Reinsurer Tells 2nd Circuit

    NEW YORK — In a July 16 status letter, a Bermuda reinsurer notified the Second Circuit U.S. Court of Appeals that its appeal related to the confirmation of a $524 million arbitration award issued in favor of a Puerto Rico life insurer in a dispute over alleged improper asset divestments for a reinsurance trust should remain stayed because a temporary restraining order in the reinsurer’s bankruptcy proceeding remains in effect.

  • July 20, 2021

    2nd Circuit Affirms Order Of Discovery For Arbitration Against Lithuania

    NEW YORK — A Second Circuit U.S. Court of Appeals panel on July 15 affirmed a district court’s ruling granting a Russian entity’s Section 1782 application for assistance obtaining discovery from a U.S. firm and its CEO for use in a treaty-based arbitration against Lithuania.

  • July 20, 2021

    Judge Won’t Reconsider Order Allowing Discovery In Nigerian Oil License Dispute

    WILMINGTON, Del. — A Delaware federal judge on July 15 declined to reconsider her earlier order allowing an Italian oil company to take discovery from Delaware entities funding a Nigerian law firm as it litigates an oil license dispute, writing that while litigation involving the parties in Italy recently ended, the oil company is still seeking the discovery for use in a pending international arbitration claim.

  • July 16, 2021

    Judge Says French Company May Begin Attaching Venezuelan Assets To Enforce $44M Award

    WASHINGTON, D.C. — A federal judge in the District of Columbia on July 13 granted a French company’s motion to begin attaching assets to enforce the District Court’s judgment for an arbitral award worth more than $44 million against the Bolivarian Republic of Venezuela and to register the judgment in other U.S. districts where Venezuela has assets, even though Venezuela is currently appealing the award’s confirmation.

  • July 14, 2021

    Australian Appellate Panel Sets Aside Award Due To Improperly Composed Tribunal

    SYDNEY, Australia — A Federal Court of Australia Full Court panel in rulings issued June 25 and June 29, just after the parties reached a settlement, said a lower court’s order of enforcement of an arbitral award against an Australian company and in favor of a Qatari company should be set aside because the tribunal was not constituted in accord with the underlying arbitration agreement.

  • July 14, 2021

    Law Firm Says Japanese Mogul ‘Boycotted’ Arbitration, Can’t Challenge $54M Award

    CHICAGO — A Chicago law firm argues in a July 2 appellee brief to the Seventh Circuit U.S. Court of Appeals that the court should affirm the confirmation of a $54 million award in its favor against a Japanese businessman whom the firm formerly represented, writing that the businessman was not prevented from presenting his case during the arbitration but was properly held in default after he “boycotted” a hearing.

  • July 13, 2021

    U.S. Casino Company Must Arbitrate COVID-19 Dispute With Insurer, Judge Says

    LONDON — An English justice on July 9 enjoined a casino company from suing its insurer in Nevada state court for a coronavirus-related business interruption indemnity claim after finding that the parties intended to agree to arbitrate disputes in London although the specific arbitration provision was accidentally omitted from the final policy.

  • July 09, 2021

    Shareholders Seeking To Enforce $120M Award Against India Say Airline Is Alter Ego

    NEW YORK — A group of Mauritian investors in an Indian company on June 28 filed a complaint seeking a declaration that an Indian state-owned airline is an “alter ego” of India against whom they can seek to enforce a Permanent Court of Arbitration (PCA) arbitral award worth more than $120 million for India’s abrupt termination of a satellite spectrum contract, which they are separately seeking to confirm in a District of Columbia federal court.

  • July 09, 2021

    Judge Vacates $187M Award Against Venezuelan Company Due To Improper Service

    MIAMI — A Florida federal judge on July 8 granted a Venezuelan iron ore producer’s motion to vacate the default confirmation of an arbitral award against it for more than $187 million in a contract dispute with a British Virgin Islands (BVI) commodities trading company, writing that the trading company did not properly effectuate service under the Foreign Sovereign Immunities Act (FSIA).

  • July 08, 2021

    Split 9th Circuit Panel Again Says Indian Incense Company Can’t Compel Arbitration

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals split panel on July 7 again ruled that an Indian incense company as nonsignatory to an arbitration agreement cannot rely on doctrines of equitable estoppel to compel arbitration with a former partner and his company, issuing a predominantly identical opinion to one the panel withdrew a month ago with the same dissenting judge writing that the case should be remanded for a choice-of-law analysis.

  • July 06, 2021

    French Company Urges D.C. Circuit To Uphold Affirmance Of Award Against Venezuela

    WASHINGTON, D.C. — A French company in a July 2 appellee brief urges the District of Columbia Circuit U.S. Court of Appeals to affirm a district court’s confirmation of an arbitral award more than $44 million against the Bolivarian Republic of Venezuela, arguing that Venezuela was properly served and that Venezuela in its brief and the United States as amicus curiae both misinterpret the Hague Service Convention.

  • June 30, 2021

    Judge Stays U.K. Investors’ Action To Confirm 28.2M Euro ICSID Award Against Spain

    WASHINGTON, D.C. — A District of Columbia federal judge on June 29 granted the Kingdom of Spain’s motion to stay an action to enforce a 28.2 million euro arbitral award against it for regulatory changes that harmed several U.K. entities’ renewable energy investments, citing Spain’s pending application to annul the award.

  • June 29, 2021

    U.S. Government Tells High Court Section 1782 Does Not Apply To Private Tribunals

    WASHINGTON, D.C. — The United States on June 28 filed an amicus brief with the U.S. Supreme Court and moved for leave to participate in oral argument in a case addressing discovery in aid of foreign courts and tribunals, arguing that the relevant statute does not apply to private commercial tribunals and that a contrary finding may jeopardize investor-state arbitrations.

  • June 24, 2021

    Venezuela, Affiliates Tell 3rd Circuit Court Erred By Ordering Oil Share Sale

    PHILADELPHIA — The Bolivarian Republic of Venezuela, its state-owned oil company Petróleos de Venezuela S.A. (PDVSA) and other affiliated entities write in a June 22 appellant brief to the Third Circuit U.S. Court of Appeals that a Delaware federal court violated federal regulations and state law by ordering them to prepare for an auction of PDVSA’s oil shares to satisfy an arbitral award against Venezuela worth more than $1.4 billion.

  • June 24, 2021

    Panel Finds No Jurisdiction Over Moldovan Gas Dispute, Vacates Renewal Of Judgment

    NEW YORK — A Second Circuit U.S. Court of Appeals panel on June 22 vacated a district court’s order renewing a default judgment and ordering a Moldovan gas company and the Republic of Moldova to pay more than $32.5 million after finding they are not alter egos and the court lacked jurisdiction over the dispute, but the panel affirmed the lower court’s refusal to vacate the underlying default judgment from 2000.

  • June 22, 2021

    With Arbitration Hearing Over, Section 1782 Dispute Is Moot, High Court Told

    WASHINGTON, D.C. — Two companies tell the U.S. Supreme Court in June 21 response briefs that a dispute over the applicability of a federal statute allowing discovery in aid of foreign courts and tribunals to private commercial tribunals is moot because the underlying arbitration’s hearing concluded in May and say that applying the statute to private tribunals would destabilize foreign and domestic arbitrations.

  • June 21, 2021

    3rd Circuit Denies Venezuelan Entities’ Bid To Stay Preparations For Shares Sale

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals on June 2 in a one-page order denied a motion by the Bolivarian Republic of Venezuela, its state-owned oil company Petróleos de Venezuela S.A. (PDVSA) and other affiliated entities to stay ongoing preparations in a Delaware federal court for a planned sale of PDVSA’s oil shares to satisfy an arbitral award worth more than $1.4 billion until their appeal of the lower court’s rulings is resolved.

  • June 21, 2021

    High Court Won’t Review Service, Jurisdiction Rulings In $36M Award’s Confirmation

    WASHINGTON, D.C. — The U.S. Supreme Court on June 21 denied two Mexican companies’ petition for a writ of certiorari seeking review of the 10th Circuit U.S. Court of Appeals’ affirmance of a more than $36 million award against them that they argued allowed improper service by email to a foreign entity’s U.S. counsel and an improper application of the forum contacts test to establish personal jurisdiction over the companies.