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Mealey's International Arbitration

  • April 19, 2019

    Company Asks Federal Court To Enforce ICC Award Against Iraqi Ministry

    NEW YORK — A Canadian entity on April 17 filed a petition in a New York federal court, seeking confirmation of a $10,924,300 international arbitration award issued in its favor and against Iraq’s Ministry of Oil (OGI Group Corporation v. Oil Projects Company of The Ministry of Oil, Baghdad, Iraq [SCOP], No. 1:19cv3432, S.D. N.Y.).

  • April 19, 2019

    Judge Orders Remand After Dismissal Of Arbitration Defense, Adopts Report

    MOBILE, Ala. — An Alabama federal judge on April 18 adopted a magistrate judge’s report and recommendation that after the 11th Circuit U.S. Court of Appeals’ recent reversal of an order compelling claims against a French company to arbitration in Germany, the case be remanded to state court, finding that the company’s challenges to the appeals court’s findings of fact were frivolous (Outokumpu Stainless USA LLC, et al. v. Converteam SAS, a foreign corporation now known as GE Energy Conversion France SAS, Corp., No. 16-00378, S.D. Ala., 2019 U.S. Dist. LEXIS 66097).

  • April 18, 2019

    Federal Judge Refuses To Dismiss Petition To Confirm $562M Award, Stays Case

    SEATTLE — A Washington federal judge on April 16 refused to dismiss an Indian multimedia company’s petition to confirm a $562.5 million arbitration award issued in its favor, but stayed the case pending the outcome of the other party’s challenge to the award in Indian courts (Devas Multimedia Private Ltd. v. Antrix Corp. Ltd., No. 18-1360, W.D. Wash.).

  • April 17, 2019

    PCA Orders Russia To Pay $44.4M Award Over Petrol Station Seizures

    THE HAGUE, Netherlands — A Ukrainian oil company on April 16 announced that a tribunal for the Permanent Court of Arbitration (PCA) recently awarded it $44,455,012 in damages for the Russian Federation’s expropriation of its investments in petrol stations in Crimea (PJSC Ukrnafta v. The Russian Federation, No. 2015-34, PCA).

  • April 16, 2019

    Dutch High Court Refuses Ecuador’s Attempt To Enforce $9.5B Judgment

    THE HAGUE, Netherlands — Chevron Corp. on April 15 announced that the Supreme Court of the Netherlands denied a request filed by the Republic of Ecuador to annul international arbitration awards in which a tribunal held that a $9.5 billion Ecuadorian decision violated Chevron’s rights and should not be enforced anywhere.  

  • April 12, 2019

    Federal Judge Confirms ICC Award Issued In Trademark License Case

    NEW YORK — A New York federal judge on April 10 granted a company's petition to confirm an international arbitration award issued against two Indian entities in a trademark license agreement dispute, holding that the arbitrator did not exceed his powers and that none of the grounds for vacating the award under the Federal Arbitration Act (FAA) applied (Jolen, Inc. v. Kundan Rice Mills, Ltd., et. al., No. 19-cv-1296, S.D. N.Y., 2019 U.S. Dist. LEXIS 61867).

  • April 12, 2019

    ICSID Member States Discuss Proposed Amendments To Procedural Rules

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on April 10 announced that a consultation was held from April 7 to April with member states to discuss amending the ICSID procedural rules.

  • April 9, 2019

    Australian Company Dismisses Petition To Confirm $19M Award Against Maldives

    WASHINGTON, D.C. — An Australian corporation on March 26 voluntarily dismissed its petition to confirm a $19,949,585 arbitral award issued in its favor and against the government of the Republic of The Maldives (Platinum Blackstone Pty. Ltd. v. The Government of the Republic of The Maldives, No. 1:19-cv-00255, D. D.C.).

  • April 9, 2019

    9th Circuit Grants Request For Fees In Appeal Of Order Vacating Award

    SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals on April 5 approved a request for fees filed by construction companies in a contractor’s appeal of an order vacating an international arbitral award that was issued in a dispute over contracts for the construction of buildings in Afghanistan (Aspic Engineering and Construction Company v. ECC Centom Constructors LLC, et al., No. 17-16510, 9th Cir., 2019 U.S. App. LEXIS 10173).

  • April 9, 2019

    HKIAC To Become 1st Foreign Arbitral Institution To Hear Cases In Russia

    HONG KONG — The Hong Kong International Arbitration Centre (HKIAC) on April 9 announced that it has been granted permission to operate as the first foreign arbitral institution permitted to administer arbitrations in Russia.

  • April 8, 2019

    Federal Judge Remands Claims Stemming From Cruise Line Worker’s Death

    MIAMI — After recently compelling arbitration between the widow of a deceased crewmember and a cruise line, a Florida federal judge on April 4 declined to exercise supplemental jurisdiction over the only remaining claims asserted against a marine vessel equipment supplier and remanded the case to a Florida state court (Jelen Carpio v. NCL [Bahamas] Ltd., et al., No. 1:18-cv-22923, S.D. Fla., 2019 U.S. Dist. LEXIS 59192).

  • April 5, 2019

    Swiss Shipping Company Asks Oregon Federal Court To Confirm $2.1M Award

    PORTLAND — A Swiss shipping company on April 3 filed a petition to confirm an arbitration award issued in its favor by a London tribunal for breach of a charter agreement, asking that the court enforce the award and declare the charterer and another entity alter egos (Bunge S.A. v. Pacific Gulf Shipping [Singapore] Pte. Ltd., No. 3:19-cv-00491, D. Ore.).

  • April 4, 2019

    Nigeria Asks Court To Overturn Order, Argues FSIA Finding Must Be Made

    WASHINGTON, D.C. — The Federal Republic of Nigeria on April 1 filed an opening brief in its appeal to the District of Columbia Circuit U.S. Court of Appeals, challenging a judge’s order that granted a motion for a briefing schedule in an action to confirm a $6,597,000,000 award, arguing that the court erred in requiring Nigeria to assert defenses to confirmation of the award before first making a sovereign immunity determination (Process and Industrial Developments Limited v. Federal Republic Of Nigeria, et al., No. 18-7154, D.C. Cir.).

  • April 4, 2019

    Afghani Contractor Argues Fee Request In 9th Circuit Is Premature

    SAN FRANCISCO — An Afghani contractor in an April 1 opposition argues that the Ninth Circuit U.S. Court of Appeals should deny a request for fees filed by construction companies in relation to a court’s vacatur of a $1,072,520 arbitral award, arguing that the request was premature and was filed under the wrong contract provision (Aspic Engineering and Construction Company v. ECC Centom Constructors LLC, et al., No. 17-16510, 9th Cir.).

  • April 3, 2019

    Judge Holds Defenses To Arbitration Under Convention Do Not Apply, Grants Motion

    BROOKLYN, N.Y. — After holding that a written agreement to arbitration existed between a stewardess and a cruise line and no defenses to arbitration applied, a New York federal judge on March 29 granted a motion to compel arbitration of the dispute in Bermuda (Tetyana Moskalenko v. Carnival PLC, et al., No. 17-CV-6947, E.D. N.Y., 2019 U.S. Dist. LEXIS 56584).

  • April 2, 2019

    Judge Dismisses Kazakhstan’s RICO Claims Related To $497M Arbitral Award

    WASHINGTON, D.C. — After holding that the Racketeer Influenced and Corrupt Organizations Act could not be used to challenge nonfrivolous litigation, a District of Columbia federal judge on March 30 dismissed causes of action stemming from the Republic of Kazakhstan’s allegations that a $497,685,101 arbitral award was obtained through fraud (Republic of Kazakhstan v. Anatolie Stati, et al., No. 17-2067, D. D.C., 2019 U.S. Dist. LEXIS 54753).

  • April 1, 2019

    Venezuela Argues Stipulation To Confirmation Of $491M Award Was Unauthorized

    WASHINGTON, D.C. — The Bolivarian Republic of Venezuela on March 28 moved a District of Columbia federal court to strike a stipulation for final judgment confirming a $491,081,701 arbitral award issued in favor of a Netherlands entity, arguing that the current government did not engage the counsel that entered into the agreement on its behalf and that Venezuela does not consent to the stipulation (OI European Group B.V. v. Bolivarian Republic of Venezuela, No. 1:16-cv-01533, D. D.C.).

  • March 29, 2019

    Panel Reverses Denial Of Law Firm’s Request To Intervene, Remands

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on March 26 reversed a decision dismissing a law firm’s request to intervene in a breach of contract case involving an arbitration award issued for a Malaysian entity, holding that a district court erred in finding that it lacked jurisdiction to hear the firm’s claims that it was denied attorney fees to which it was entitled when the parties secretly settled the award amount without the firm’s knowledge (Adam Joseph Resources [M] SDN., et al. v. CNA Metals Limited, No. 17-20685, 5th Cir., 2019 U.S. App. LEXIS 9007).

  • March 27, 2019

    Judge Compels Cruise Line Employee’s Wage Claims To Arbitration In Philippines

    BROOKLYN, N.Y. — A New York federal judge on March 22 granted a motion filed by a cruise line and its subsidiary to compel arbitration of unpaid wages and other claims, holding that the dispute was subject to an agreement that provides for arbitration of seafarers’ disputes in the Philippines (Fernando Lucina, et al. v. Carnival PLC, et al., No. 17-CV-6849, E.D. N.Y., 2019 U.S. Dist. LEXIS 49371).

  • March 25, 2019

    ICSID Dismisses Claims Against Uruguay For Lack Of Jurisdiction

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal on March 22 dismissed an arbitration commenced against the Oriental Republic of Uruguay in relation to the revocation of a license to provide wireless data services there, holding that the data services provider was not an investor under a bilateral investment treaty and that the tribunal lacked jurisdiction over the case (Itabla Corp. v. Oriental Republic of Uruguay, No. ARB/16/9, ICSID).