Mealey's International Arbitration

  • October 14, 2020

    COMMENTARY: The Growing Circuit Split About § 1782 – Can It Be Used for Private Arbitration?

    By Stuart M. Riback

  • September 24, 2020

    COMMENTARY: Overruling Of Courts Precedents And State Liability In Investment Law

    By Alexandre Malan

  • October 22, 2020

    EU Seeks To Bifurcate Swiss Entity’s Claims Of Harm To Pipeline Investment

    THE HAGUE, Netherlands — The European Union on Sept. 15 requested that a Permanent Court of Arbitration (PCA) tribunal bifurcate claims brought by a Swiss entity owned by a Russian gas company that its pipeline investment will be damaged by new regulations, arguing that it cannot be held liable as the new regulations will only be implemented by individual member-states (Nord Stream 2 AG v. European Union, No. 2020-07, PCA).

  • October 21, 2020

    Judge Compels Arbitration Of Rain-Damage Claims Under ‘Broad’ Clause

    NEW ORLEANS — A federal judge in Louisiana on Sept. 29 denied a construction company and property owner’s motions to remand a lawsuit seeking more than $1.3 million from their insurers to state court and granted the insurers’ motion to compel arbitration of the dispute, ruling that the “broad” language of the insurance coverage’s arbitration clause encompassed all of the insureds’ claims, including its bad faith state law claims (Woodward Design + Build, LLC, et al. v. Certain Underwriters At Lloyd's London, et al., No. 19-14017, E.D. La. 2020 U.S. Dist. LEXIS 178799).

  • October 21, 2020

    Rehearing Denied Over Panel’s Remand On Property’s Use To Satisfy Insurer’s $33M Award

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on Oct. 16 declined the Republic of Argentina’s petition for a rehearing en banc on its vacating of a denied emergency motion for attachment-related relief and remanding for a decision on whether property belonging to the country was “used for a commercial activity” and, thus, could be attached to an insurer’s $33 million arbitration award to satisfy Argentina’s reinsurance debts (TIG Insurance Company v. Republic of Argentina, et al., No. 19-7087, D.C. Cir.).

  • October 21, 2020

    Cert Denied For California Company, Chinese Affiliates’ Challenge To $62.9M Award

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 19 denied without comment two petitions seeking review of the Fifth Circuit U.S. Court of Appeals’ affirmance of the confirmation of a $62.9 million arbitration award issued against a California company and its Chinese affiliates in relation to a wind energy investment dispute (AVIC International Holding Corporation, et al. v. Soaring Wind Energy, L.L.C., et al., No. 20-39; CATIC USA Incorporated v. Soaring Wind Energy, L.L.C., et al., No. 20-40, U.S. Sup.).

  • October 20, 2020

    Singapore Judge: Investment-Treaty Arbitration Not Exempt From Confidentiality Law

    SINGAPORE — A Singapore High Court judge, addressing what is “arguably a novel question of Singapore law,” on Oct. 8 declined the Republic of India’s request for a declaratory judgment that Singapore’s confidentiality laws do not apply to investment-treaty arbitration documents such as those India sought to share with a Dutch tribunal, writing that such relief is not “necessary or justified in the circumstances of this case” and ordering India to pay the costs of the proceeding (Republic of India v. Vedanta Resources PLC, No. [2020] SGHC 208, Singapore High).

  • October 19, 2020

    ICSID Tribunal Rejects Investor’s Request To Join Claim Against Kuwait

    WASHINGTON, D.C. — An alleged investor’s request to join a pending International Centre for Settlement of Investment Disputes (ICSID) claim brought by Egyptian nationals against Kuwait concerning a real estate project was rejected by an ICSID tribunal in an Oct. 5 decision published on Oct. 15 in which the tribunal said it was “compelled” to reject the request because Kuwait did not consent to joinder (Ayat Nizar Raja Sumrain, et al. v. State of Kuwait, No. ARB/19/20, ICSID).

  • October 19, 2020

    Judge Confirms $130K Award For Cadet’s 1999 Injury, Enjoins Future Litigation

    NEW ORLEANS — A Louisiana federal judge on Oct. 14 granted a group of maritime businesses’ motion for summary judgment and confirmed an approximately $130,000 Indian arbitral award against them on behalf of a former cadet who was injured in 1999 aboard their vessel and permanently enjoined the cadet from pursuing any further claims against the businesses (Neptune Shipmanagement Services [PTE], Ltd., et al. v. Vinod Kumar Dahiya, No. 20-1525, E.D. La., 2020 U.S. Dist. LEXIS 190093).

  • October 19, 2020

    Judge: Oil Company May Seek Discovery For Foreign Cases Involving Nigerian License

    WILMINGTON, Del. — A Delaware federal judge on Oct. 15 granted an Italian oil company’s ex parte application to issue “narrowly tailored” subpoenas to seven Delaware entities regarding their ownership, relationships and financial arrangements with the Federal Republic of Nigeria (FRN) for use in two Italian suits and a pending International Centre for Settlement of Investment Disputes (ICSID) arbitration between the company and Nigeria regarding a contested oil prospecting license (In Re Ex Parte Application Of Eni S.p.A., No. 20-mc-334, D. Del.).

  • October 16, 2020

    ICSID Won’t Disqualify Arbitrator Hearing Claim Against Cameroon For Past Ties

    WASHINGTON, D.C. — An arbitrator who in the 1980s represented the Republic of Cameroon before the International Centre for Settlement of Investment Disputes (ICSID) will not be disqualified from hearing a pending ICSID claim brought by a U.S. company against Cameroon because his role as counsel was limited and he has had no contact with the nation since, his fellow arbitrators wrote in a decision issued Aug. 21 and published Sept. 24 (Hope Services LLC v. Republic of Cameroon, No. ARB/20/2, ICSID).

  • October 14, 2020

    Dental Product Company: No Delegation Means Court Decides Arbitrability

    WASHINGTON, D.C. — An arbitration clause containing no delegation of gateway questions to arbitrator means a court, not an arbitrator, decides arbitrability, Archer and White Sales Inc., a dental product company, argues in its respondent brief filed Oct. 13 in the U.S. Supreme Court, adding that incorporation of American Arbitration Association (AAA) rules doesn’t change anything (Henry Schein Inc. v. Archer and White Sales Inc., No. 19-963, U.S. Sup.).

  • October 14, 2020

    U.K. Supreme Court Says Russian Insurer Must Arbitrate $400M Fire Claim In England

    LONDON — A split panel of the Supreme Court of the United Kingdom on Oct. 9 affirmed an England and Wales Court of Appeal ruling enjoining a Russian insurer from litigating its claim related to $400 million in fire damages against a Turkish construction company in a Russian court, finding that English law controls the relevant arbitration clause and that the dispute must be arbitrated in England (Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb, [2020] UKSC 38, U.K. Sup.).

  • October 13, 2020

    Nigeria Not ‘Complicit’ In ‘Deprivation’ Of Investors’ Rights, ICSID Finds

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal in an award published online on Oct. 7 denied two Delaware companies’ claims for an estimated $1.5 billion in damages against the Federal Republic of Nigeria for the alleged expropriation of their oil investments, finding that a director associated with the companies, not Nigeria, deprived the companies of control over their investments, and ordered the companies to pay Nigeria more than $660,000 in arbitration costs (Interocean Oil Development Company, et al. v. Federal Republic of Nigeria, No. ARB/13/20, ICSID).

  • October 12, 2020

    Indian Supreme Court Finds $278M Oil Contract Award Against India ‘Enforceable’

    NEW DELHI, India — The Supreme Court of India on Sept. 16 dismissed the Government of India’s application challenging enforcement of a more than $278 million arbitral award against it for costs incurred by private companies during an offshore oil drilling project over the agreed-upon cap on costs, ruling that the award does not violate Indian public policy and condoning the drilling companies’ lateness in filing their petition due to a “lack of clarity” in Indian courts on that issue (Government of India v. Vedanta Limited, et al., C.A. No. 3185/2020, India Sup.).

  • October 06, 2020

    Venezuelan Iron Ore Producer Moves To Vacate $187M Award, Claims Improper Service

    MIAMI — A Venezuelan iron ore producer on Sept. 30 moved in a federal court in Florida to vacate the Sept. 23 default confirmation of an arbitral award against it for more than $187 million in a contract dispute with a British Virgin Islands commodities trading company, arguing that it was never properly served and that the arbitral rule under which service was allegedly effectuated is "overbroad" in scope and "draconian with respect to service of post-arbitration proceedings" (Commodities & Minerals Enterprise Ltd. v. CVG Ferrominera Orinoco, C.A., No. 19-25217, S.D. Fla.).

  • October 05, 2020

    Judge Stays 2 Enforcement Actions Against Spain Pending Annulment Applications

    WASHINGTON, D.C. — A federal judge in the District of Columbia on Sept. 30 ordered stays in two separate actions seeking to enforce two International Centre for Settlement of Investment Disputes (ICSID) awards against the Kingdom of Spain, one for 290 million euros and one for approximately 41 million euros, because Spain's applications for annulment in both cases are currently pending, and denied Spain's motions to dismiss both cases (NextEra Energy Global Holdings B.V., et al. v. Kingdom of Spain, No. 19-1618, D. D.C., 2020 U.S. Dist. LEXIS 180119;  9REN Holding S.A.R.L. v. Kingdom of Spain, No. 19-1871, D. D.C., 2020 U.S. Dist. LEXIS 180117).

  • October 02, 2020

    Stay Lifted In Petition To Confirm $1.2B Award Against State-Owned Indian Company

    SEATTLE — Addressing an issue of first impression in the Ninth Circuit, a federal judge in Washington state on Sept 17 granted a motion to lift the stay on an Indian company's petition to confirm an arbitral award now valued with interest at approximately $1.2 billion against a state-owned Indian corporation for breach of a satellite spectrum contract after finding that that no progress was made in a pending appeal of the award in India during the yearlong stay (Devas Multimedia Private Ltd. v. Antrix Corp. Ltd., No. 18-1360, W.D. Wash., 2020 U.S. Dist. LEXIS 171096).

  • September 30, 2020

    Sheiks' Heirs Urge 9th Circuit To Ignore Egyptian Conviction In $18B Award Appeal

    SAN FRANCISCO — The heirs of two Saudi Arabian sheiks in a Sept. 24 filing urge the Ninth Circuit U.S. Court of Appeals to deny two oil companies' request that the court take judicial notice of an arbitration center's director's conviction for fraud allegedly linked to the issuance of an $18 billion award in the heirs' favor, claiming that the Egyptian prosecution was corruptly influenced by the oil companies (Waleed Al-Qarqani, et al. v. Chevron Corporation, et al., No. 19-17074, 9th Cir.).

  • September 29, 2020

    Federal Judge Confirms $187M Award Against Venezuelan Iron Ore Producer

    MIAMI — A federal judge in Florida on Sept. 23 confirmed an arbitral award of more than $187 million in favor of a British Virgin Islands commodities trading company for breach of contract against a Venezuelan iron ore producer that was identified as an instrumentality of the Bolivarian Republic of Venezuela and that did not appear in court during the proceeding (Commodities & Minerals Enterprise Ltd. v. CVG Ferrominera Orinoco, C.A., No. 19-25217, S.D. Fla., 2020 U.S. Dist. LEXIS 175983).