Mealey's International Arbitration

  • May 06, 2022

    London Firm Seeks Arbitration Of Alleged Treaty Breach Via Slovenian Fracking Ban

    LONDON — A London-based law firm representing a hydraulic fracturing company on May 5 filed a notice with agents for the Republic of Slovenia alerting it that the company, and one of its affiliates, has treaty claims against the republic on grounds Slovenia’s parliament amended its mining law and instituted a ban on fracking, which deprives the fracking operators of the value of their investment in Slovenia.

  • May 06, 2022

    Judge Confirms $3M Award Against Chinese Company In Lightbulb Trade Secrets Row

    CHARLOTTE, N.C. — A North Carolina federal judge on May 4 granted a business’s petition to confirm an arbitral award worth more than $3 million against a Chinese LED light bulb manufacturer and its U.S. subsidiary despite new evidence showing that the tribunal calculated damages partly based on hypothetical lost royalties under a contract with a nonparty that was terminated before arbitration.

  • May 05, 2022

    Judge Certifies Venezuela Parties’ Appeal Of Oil Sale To Pay $1.4B Award

    WILMINGTON, Del. — A Delaware federal judge on May 4 certified for interlocutory review his decision allowing a special master to plan an auction of oil assets belonging to the Bolivarian Republic of Venezuela and three affiliated entities to pay off a $1.4 billion arbitral award in favor of Crystallex International Corp. despite the U.S. Office of Foreign Assets Control (OFAC) refusing to issue a license required before any sale due to U.S. sanctions.

  • May 03, 2022

    COMMENTARY: What Happens When The Arbitral Forum Selected By The Parties Is No Longer Available?

    By Robert M. Hall

  • May 04, 2022

    Magistrate Awards Attorney Fees For UAE Entity’s Failure To Comply With Discovery

    NEW YORK — A New York federal magistrate judge on May 3 ordered a United Arab Emirates (UAE) company to pay attorney fees and expenses incurred due to its failure to comply with subpoenas to enforce an arbitration award against it worth more than $95 million for an aircraft lease dispute, but declined to hold it in contempt or order fines of $1,000 a day against the company or the individuals who control it.

  • May 03, 2022

    Arbitration Scholars, Bar Association Urge High Court To Review Arbitrability

    WASHINGTON, D.C. — A group of arbitration scholars and practitioners and the New York City Bar Association (NYCBA) on April 29 separately filed amicus curiae briefs urging the U.S. Supreme Court to grant three Chinese mining companies’ petition for a writ of certiorari regarding a Second Circuit U.S. Court of Appeals ruling on the standard of review for arbitrability that the amici say conflicts with precedent and will make New York “a less desirable place for the conduct of arbitration.”

  • April 27, 2022

    Ship Owner Asks Court To Enforce $200M Award For Fatal Explosion On Vessel

    NEW ORLEANS — A German ship owner on April 25 filed a complaint in a Louisiana federal court seeking to enforce an arbitral award worth more than $200 million against a Swiss company that chartered one of its vessels that suffered an explosion aboard while crossing the Atlantic Ocean, causing the deaths of three crew, injuries to several more and damaging the vessel.

  • April 27, 2022

    Magistrate: Reject Reverse-Preemption, Dismiss Reinsurance Claims To Arbitration

    SEATTLE — A federal magistrate judge in Washington state on April 20 issued a report in a declaratory judgment suit seeking reimbursement from reinsurers for defense and settlement of sexual abuse suits filed against a Washington school district, finding that reverse-preemption does not apply and recommending that a foreign reinsurer’s motion to compel arbitration and dismiss the claims against it be granted.

  • April 25, 2022

    Judge Dismisses Action To Confirm $21.5M CIETAC Award Citing Improper Venue

    WASHINGTON, D.C. — A District of Columbia federal judge on April 22 dismissed a British Virgin Islands entity’s petition to confirm an arbitral award worth more than $21.5 million against a Chinese oil exploration and production company due to improper venue and denied its motion for jurisdictional discovery, finding that the entity failed to establish that the company does business in the district directly or as an agent or alter ego.

  • April 25, 2022

    Judge Says Zimbabwe May Adopt Its Pleadings From Defense To Parallel Award

    WASHINGTON, D.C. — A District of Columbia federal judge in an April 18 docket-only minute order denied the Republic of Zimbabwe’s motion to stay a petition to confirm an arbitral award worth more than $163 million brought by two companies while it litigates a separate petition to confirm a related award brought by members of the family that owns the companies but said both parties should adopt and incorporate arguments from the parallel suit.

  • April 20, 2022

    International Arbitration Experts Discuss Opportunities For Growth In The Field Of International Arbitration

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

  • April 05, 2022

    COMMENTARY: Fact Summary: Legal Actions Taken By Mexico On The Energy Sector Since 2018

    By Cecilia Flores Rueda

  • April 22, 2022

    ICSID Won’t Disqualify Argentina Tribunal For Ordering Remote Hearing

    WASHINGTON, D.C. — The chair of the International Centre for Settlement of Investment Disputes (ICSID) Administrative Council on April 6 declined the Argentine Republic’s request to disqualify a tribunal hearing an energy investment dispute against it, finding no evidence that the tribunal violated Argentina’s due process rights by refusing to postpone a hearing and ordering it held remotely.

  • April 20, 2022

    Heirs Urge High Court To Review Saudi Oil Company’s Immunity From $18B Award

    WASHINGTON, D.C. — A group of Saudi Arabian sheikhs’ heirs on April 4 filed a petition for a writ of certiorari urging the U.S. Supreme Court to review a Fifth Circuit U.S. Court of Appeals ruling affirming the dismissal of their petition to confirm an approximately $18 billion arbitral award against a Saudi oil company, asserting that the Fifth Circuit created a circuit split and violated the separation of powers by finding that the court lacked jurisdiction over their underlying lawsuit.

  • April 20, 2022

    Judge Orders More Briefing On Argentina’s Immunity From $33M Awards To Reinsurer

    WASHINGTON, D.C. — A District of Columbia federal judge on April 18 found no grounds for finding subject matter jurisdiction over the Republic of Argentina to enforce two arbitral awards against it as successor-in-interest to a state-owned company that incurred debts to a reinsurer, but ordered the parties to file supplemental briefing on whether Argentina impliedly waived its sovereign immunity under the Foreign Sovereign Immunities Act (FSIA).

  • April 19, 2022

    11th Circuit Finds Federal, Not Georgia Law Governs $8M Arbitration Dispute

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel on April 18 affirmed the confirmation of a more than $8 million arbitral award against an Australian entity for defaulting on a contract to purchase a G550 jet, finding that despite the contract being governed by Georgia law, a federal court had jurisdiction under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).

  • April 18, 2022

    High Court Won’t Hear Seaman’s Claim That Maritime Award Was Wrongly Enforced

    WASHINGTON, D.C. — The U.S. Supreme Court on April 18 denied a seaman’s petition for a writ of certiorari seeking review of the Fifth Circuit U.S. Court of Appeals’ affirmance of an Indian arbitral award in his favor for incinerator injuries the seaman suffered aboard a vessel in 1999, which he had argued could not be resolved by arbitration because some entities with interests in the vessel had not signed his deed of employment.

  • April 15, 2022

    Judge Lifts Stay On Bid To Enforce $57B Award Against Russia, Citing Ukraine War

    WASHINGTON, D.C. — A District of Columbia federal judge on April 13 denied the Russian Federation’s motion to extend a stay on a group of shareholders’ petition to enforce arbitral awards worth more than $57 billion pending its appeal in the Netherlands, citing “concerns about asset liquidation in the wake of the Russian Federation’s war against Ukraine” and recent D.C. Circuit precedent on sovereign immunity.

  • April 14, 2022

    Judge Won’t Amend LCIA Fraud Claims To Name Russian Oligarch And Sons

    LONDON — An English justice on April 11 refused an application by two banks to amend their successful claims before a London Court of International Arbitration (LCIA) tribunal against three Cypriot companies for alleged loan fraud to also name a Russian businessman and his three sons and preclude them from raising individual defenses to the tribunal’s findings.

  • April 14, 2022

    Petition To Stay Arbitration Denied In Row Over Reinsurance Recoverables

    NEW YORK — In an unpublished decision, a New York justice on March 3 denied a petition to stay arbitration in a suit over uncollected reinsurance recoverables.