Mealey's International Arbitration

  • July 15, 2022

    ICSID Awards More Than $106M To Spanish Investor For Bolivian Pension Dispute

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal on July 12 ordered the Plurinational State of Bolivia to pay a Spanish investor more than $94.8 million in compensation and more than $10.2 million in pre-award interest after finding that it violated its bilateral investment treaty (BIT) obligations by miring the investor’s subsidiary in a more-than-decade-long nationalization of pensions.

  • July 13, 2022

    Russian Entity Gets Extension In Ukraine’s High Court Challenge Over Forum Split

    WASHINGTON, D.C. — The U.S. Supreme Court on July 12 granted Russian entity PAO Tatneft an 18-day extension to file its response to a recent petition for a writ of certiorari filed by Ukraine that asks the high court to review a circuit split over the availability of forum non conveniens defenses in foreign arbitration cases, which it says the District of Columbia Circuit U.S. Court of Appeals disregarded in affirming the confirmation of a $173 million award against it.

  • July 13, 2022

    2nd Circuit Revives $2.7B Award Fight, Citing Nigerian Courts’ Partial Set-Aside

    NEW YORK — A Second Circuit U.S. Court of Appeals panel on July 8 affirmed in part and vacated in part a district court’s denial of an oil company’s petition to confirm an arbitral award worth more than $2.7 billion against a Nigerian state agency, finding that the court erred by vacating the entire award, including portions that were reinstated by a Nigerian appellate court, and affirming its finding of jurisdiction over the Nigerian agency.

  • July 13, 2022

    On Remand, 11th Circuit Affirms Nonsignatory’s Bid To Compel Arbitration

    ATLANTA — On remand from the U.S. Supreme Court, an 11th Circuit U.S. Court of Appeals panel on July 8 affirmed a district court’s order compelling a stainless steel company and its insurers to arbitrate Alabama state law claims with a subcontractor over a purchase dispute, with the majority finding that the underlying contract binds a nonsignatory subcontractor while a concurring judge reached the same conclusion based on principles of equitable estoppel.

  • June 30, 2022

    ICSID Tribunal Denies Chicken Plant Investor’s Claim For $80M Against Costa Rica

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal on June 29 denied all claims by a Spanish-Venezuelan investor brought against the Republic of Costa Rica, finding that while certain measures by Costa Rica in the issuance of sanitary orders against his chicken processing plant violated international law, no expropriation occurred as the orders were quickly set aside by a Costa Rican court.

  • June 30, 2022

    Judge Stays Energy Investors’ Action To Confirm 30M Euro Award Against Spain

    WASHINGTON, D.C. — A Washington, D.C., federal judge on June 28 granted the Kingdom of Spain’s motion to stay a petition brought by two hydro power investors from Luxembourg and Sweden to enforce an International Centre for Settlement of Investment Disputes (ICSID) award worth more than 30 million euros pending the resolution of Spain’s application to annul the award.

  • June 28, 2022

    D.C. Circuit:  Romania’s Local Payment Of Award Didn’t Satisfy U.S. Judgment

    WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on June 24 rejected the government of Romania’s challenge to a district court’s denial of its motion for relief from a $356 million judgment for an arbitral award that Romania said it paid in Romanian currency to two Swedish investors and their businesses, finding that Romania’s payment was worth nearly $100 million less than the judgment.

  • June 27, 2022

    High Court Won’t Review Chinese Miners’ Challenge To 2nd Circuit On Arbitrability

    WASHINGTON, D.C. — The U.S. Supreme Court on June 27 denied a petition for a writ of certiorari filed by three Chinese mining companies that sought to challenge the Second Circuit U.S. Court of Appeals’ affirmance of an arbitral award finding no jurisdiction over their mining license dispute with Mongolia, which the mining companies claimed improperly denied them de novo review of the tribunal’s decision on arbitrability.

  • June 27, 2022

    French Company Urges High Court To Review Service-Based Reversal Of $44M Award

    WASHINGTON, D.C. — A French company on June 16 filed a petition for a writ of certiorari to the U.S. Supreme Court urging the court to review whether Hague Service Convention requirements are not met when a foreign state willfully does not provide service papers it received to the proper agency, which it contends led the District of Columbia Circuit U.S. Court of Appeals to reverse a grant of summary judgment in its case against the Bolivarian Republic of Venezuela.

  • June 27, 2022

    English Judge Denies India’s Challenge To $111M Award For Oil Field Costs

    LONDON — An English judge on June 9 rejected the Union of India’s applications challenging a $111 million arbitral award issued against it in favor of two oil companies, ruling that the tribunal correctly applied the principle of res judicata under English law and refused to hear India’s objections to an award on damages years after the tribunal determined that costs in questions were recoverable under the parties’ contracts.

  • June 27, 2022

    4th Circuit Affirms $1.55M Award For Failed Philippine Island Real Estate Sale

    RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel on June 24 affirmed a district court’s grant of summary judgment confirming a Singapore tribunal’s $1.55 million award plus costs and interest for an island real estate sales dispute, finding that the award-debtor failed to challenge the court’s factual findings regarding his legal residence in North Carolina and presented no evidence supporting his argument that the arbitration agreement was fraudulent.

  • June 27, 2022

    Tribunal Finds No Jurisdiction Over Investors’ Intra-EU Claims Against Spain

    STOCKHOLM, Sweden — In what is believed to be a first among international arbitration tribunals, a tribunal on June 16 dismissed claims brought by Danish energy investors against the Kingdom of Spain under the Energy Charter Treaty (ECT) based on recent rulings by European Union courts that intra-EU arbitration under the ECT is prohibited by EU law.

  • June 24, 2022

    Judge Confirms $30M Interest Award, Orders Briefing On Nonsignatories’ Liability

    HOUSTON — A Texas federal judge on June 22 confirmed an arbitral award in favor of a Texas company for nearly $30 million in pre-award interest, attorney fees and arbitration costs incurred disputing profits from an African oil concession against a British Virgin Islands (BVI) entity that previously agreed to pay more than $140 million, but said more briefing is needed to determine if the fee award is enforceable against several foreign nonsignatories as alter egos.

  • June 24, 2022

    ICSID Dismisses Georgia’s Objection To Azerbaijani Investor’s Arbitration

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal in a recently published April 19 decision dismissed the state of Georgia’s objection to an arbitration brought by an Azerbaijani telecommunications investor after finding that contrary to the objection, the investor complied with a requirement for interstate negotiation under the two nations’ bilateral investment treaty (BIT) by notifying Georgia of the dispute.

  • June 24, 2022

    ICSID Tribunal Allows EU To Challenge Intra-EU Arbitration In Energy Dispute

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal on June 15 granted an application by the European Union’s European Commission (EC) to file a submission challenging the arbitration of intra-EU disputes under the Energy Charter Treaty (ECT) in a case brought by 58 European entities against the Italian Republic for allegedly interfering with their energy investments.

  • June 21, 2022

    Sheikhs’ Heirs’ Lose 2nd Bid For Certiorari In $18B Oil Fields Award Fight

    WASHINGTON, D.C. — The U.S. Supreme Court on June 21 denied a petition for a writ of certiorari filed by heirs of Saudi sheiks 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 without addressing the heirs’ last-minute motion to postpone the conference and consider allegations of impropriety in pending sanctions proceedings against the heirs’ counsel.

  • June 21, 2022

    D.C. Circuit Affirms Dismissal Of Lithuanian Company’s Bid To Confirm $20M Award

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on June 17 affirmed a district court’s dismissal of a Lithuanian company’s petition to enforce an arbitral award worth more than $20 million against a state-owned Tajik airline, finding that the court lacked personal jurisdiction over the airline to enforce the award.

  • June 17, 2022

    Judge Enters More Than $18M Judgment Against Kyrgyzstan For Mining Dispute

    WASHINGTON, D.C. — A District of Columbia federal judge on June 14 confirmed an arbitral award against the Kyrgyz Republic for the expropriation of a Canadian company and its subsidiary’s investments in uranium and rare earth element mining and entered default judgment for damages of more than $15 million and attorney fees and arbitration costs of more than $3 million with interest accruing after Kyrgyzstan failed to appear.

  • June 16, 2022

    Indian Company Tells 9th Circuit Intervenors Can’t Enforce Award In Virginia

    SEATTLE — An Indian company that prevailed in a $1.3 billion arbitration against an Indian state-owned company before being liquidated by Indian courts on June 8 filed an appellant brief in the Ninth Circuit U.S. Court of Appeals arguing that a district court erred by granting the Indian company’s U.S. subsidiary and three Mauritian shareholders’ motion to register the court’s judgment in Virginia.

  • June 16, 2022

    Judge Enjoins Foreign Companies’ Arbitration Against Coal Company

    PITTSBURGH — A Pennsylvania federal judge on June 14 granted a coal company’s second motion for a temporary restraining order (TRO) and enjoined four Indian companies and one Singaporean entity from proceeding with arbitration over a coal sales contract the company says it never signed after finding that the coal company provided exhibits establishing that it made good faith efforts to notify the foreign companies of the litigation.