Mealey's International Arbitration

  • March 27, 2020

    Kazakhstan Seeks Rehearing En Banc By D.C. Circuit In Arbitral Award Challenge

    WASHINGTON, D.C. — The Republic of Kazakhstan on March 23 petitioned the District of Columbia Circuit U.S. Court of Appeals for a rehearing en banc in its appeal of a trial court’s decision to affirm an arbitral award against it, arguing that the D.C. Circuit created a circuit split with its ruling that Kazakhstan forfeited an argument on appeal by failing to file a motion to amend with the proposed amended complaint attached (Republic of Kazakhstan v. Anatolie Stati, et al., No. 19-7038, D.C. Cir.).

  • March 23, 2020

    High Court Review Sought Of Ancillary Jurisdiction, Alter-Ego Rulings Under FSIA

    WASHINGTON, D.C. — The Bolivarian Republic of Venezuela and its state-owned oil company Petróleos de Venezuela, S.A (PDVSA) on Feb. 19 asked the U.S. Supreme Court to review a Third Circuit U.S. Court of Appeals ruling that allowed the attachment of PDVSA’s assets to enforce a federal judgment against Venezuela to satisfy an arbitral award (Bolivarian Republic of Venezuela and Petróleos de Venezuela, S.A., v. Crystallex International Corporation, No. 19-1049, U.S. Sup.).

  • March 23, 2020

    Judge: Discovery Of Del Monte’s Sales, Damages Not Relevant To Proceeding

    MIAMI — A pineapple company does need to provide evidence of its sales or actual damages in a dispute over a pineapple seed agreement as it is not arguing that it lost sales as a result of the pineapple grower’s alleged breach of the agreement, a federal magistrate judge in Florida wrote in an order issued March 10, denying a motion to compel discovery and a motion to compel production of actual damages (Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, No. 16-24275, S.D. Fla.).

  • March 23, 2020

    Italian Investor Files Suit In Oklahoma To Enforce Arbitral Award

    OKLAHOMA CITY — A $1.75 million arbitral award, plus interest, issued to an Italian investor should be enforced, the investor asserts in a Feb. 21 complaint filed in Oklahoma federal court (Luisa Todini v. Victoria Time Corporation, No. 20-151, W.D. Okla.).

  • March 23, 2020

    Federal Judge Says Enforcing Chinese Award Outside China Does Not Violate Comity

    BALTIMORE — A federal judge in Maryland in an opinion filed Feb. 24 granted a petition to enforce an arbitral award against a Maryland resident related to a Chinese real estate arbitration dispute, holding that the respondent’s previous offer to tender payment through a Chinese mainland bank, which the Hong Kong-based petitioner cannot legally accept, did not moot petitioner’s claim for relief, and disagreed with arguments that enforcing the award would violate comity (Estate of Ke Zhengguang v. Yu Naifen Stephany, No. 18-3546, D. Md., 2020 U.S. Dist. LEXIS 30619).

  • March 23, 2020

    Judge Finds No Jurisdiction To Confirm $70M Award Against Russian Oil Company

    HOUSTON — A federal judge in Texas on March 12 granted a Russian oil company’s motion to dismiss a petition to confirm a $70 million arbitral award against it for the liquidation of a joint venture to develop oil fields, holding that the petitioner failed to establish a prima facie case showing that minimum contacts existed for the court to exercise jurisdiction over the Russian company (First National Petroleum Corporation v. OAO Tyumenneftegaz, No. 19-97, S.D. Texas, 2020 U.S. Dist. LEXIS 42864).

  • March 16, 2020

    COMMENTARY: Sixth Circuit Opens Door To U.S.-Style Discovery In Aid Of Private International Arbitration Under 28 U.S.C. § 1782

    By Lisa Houssiere and Cecilia Ibarra-van Oostenrijk

  • March 19, 2020

    COMMENTARY: COVID-19: The Consequences On Contract Performance And The Resolution Of Disputes

    By Mark Mangan, Lukas Lim and Daniel Gaw

  • March 21, 2020

    Federal Judge Enters $2.1B Judgment Against Bankrupt Company In Mining Dispute

    NEW YORK — A federal judge in New York on March 5 entered judgment confirming a final award of $2,172,833,761.15 plus post-judgment interest and approved a stipulation prohibiting the petitioner from seeking enforcement in connection with a separate litigation the respondent, a bankrupt Guernsey entity, is pursuing against financier George Soros and other parties for fraud (Vale S.A. v. BSG Resources Limited, No. 19-3619, S.D. N.Y.).

  • March 21, 2020

    Farming Companies Seek To Enforce Award Against Hungary For Lease Expropriation

    WASHINGTON, D.C. — Three agricultural companies on March 4 filed a petition in the U.S. District Court for the District of Columbia to confirm an arbitral award against Hungary of 7,148,824 euros plus costs, fees and interest issued in 2019 for the expropriation of leasing rights to land in northwestern Hungary (Magyar Farming Company Ltd., et al. v. Hungary, No. 20-0637, D. D.C.).

  • March 20, 2020

    Fertilizer Company Seeks Confirmation Of Arbitration Award In Kansas Federal Court

    WICHITA, Kan. — A Singapore company engaged in the business of trading fertilizer products says in a March 3 motion to confirm an arbitration award that a Kansas federal court should enforce the award entered in its favor because the court has personal jurisdiction and because the parties agreed that any arbitration award would be final and binding on the parties (Dreymoor Fertilizers Overseas PTE Ltd. v. AVAgro LL,C et al., D. Kan., No. 20-105).

  • March 20, 2020

    Guatemala Appeals To D.C. Circuit, Seeking To Overturn Confirmation Of ICSID Award

    WASHINGTON, D.C. — The Republic of Guatemala in a March 17 corrected appellant brief asked the District of Columbia Circuit U.S. Court of Appeals to reverse and vacate a district court’s rulings in an arbitral dispute, including its final judgment confirming an arbitral award worth approximately $35 million, which Guatemala asserts was annulled (TECO Guatemala Holdings, LLC v. Republic of Guatemala, No. 19-7153, D.C. Cir.).

  • March 19, 2020

    Unopposed Petition To Confirm Partially Paid Arbitral Awards Confirmed

    SAN DIEGO — A Canadian construction company on March 12 submitted a bill of costs and moved for attorney fees and post-judgment interest after a federal judge in California granted its petition to confirm two partially paid arbitration awards against a Canadian holding company and its director in a dispute over the sale of the construction company (Pacer Construction Holdings Corporation v. Richard Pelletier, et al., No. 19-1263, S.D. Calif., 2020 U.S. Dist. LEXIS 35328).

  • March 19, 2020

    Stay Denied, Order On Payment Issued In Guatemala Arbitration Row

    WASHINGTON, D.C. — A federal judge in the District of Columbia on March 6 issued two separate orders, one directing a company awarded more than $35 million in an international arbitration dispute with the Republic of Guatemala to provide the country with the necessary information for it to arrange payment and the other denying Guatemala’s request for a stay (TECO Guatemala Holdings, LLC v. Republic of Guatemala, No. 17-102, D. D.C.).

  • March 19, 2020

    ICSID Tribunal Dismisses Claims Against Romania In Dispute Over Alcohol Taxes

    WASHINGTON, D.C. — Two Swedish men and their companies failed to show that they were denied fair and equitable treatment or that they were denied full protection and security after their alcohol businesses in Romania allegedly suffered when taxes were increased, the black market grew and Romania engaged in enforcement actions in which the men and businesses did not agree, an International Centre for Settlement of Investment Disputes tribunal ruled in a March 5 award, adding that the tribunal lacks jurisdiction over another claim by the same parties concerning a mineral water contract (Mr. Ioan Micula, et al. and Romania, No. ARB/14/29, ICSID).

  • March 18, 2020

    Judge: No Reconsideration For Confirmation Of $51.7M Award Against UAE Entity

    NEW YORK — A New York federal judge on March 9 declined to reconsider his confirmation of a $51,747,681.96 arbitral award issued in favor of a lessor of three aircrafts because a United Arab Emirates (UAE) joint stock company failed to show that arbitrators misapplied UAE law or that they acted in “manifest disregard” of the law (Cessna Finance Corporation v. Al Ghaith Holding Company PJSC, No. 15-9857, S.D. N.Y., 2020 U.S. Dist. LEXIS 40421).

  • March 18, 2020

    Magistrate Judge Denies Stay Of Discovery Order In Chinese IVF Center Dispute

    SAN FRANCISCO — A federal magistrate judge in California on March 17 denied a motion to stay an order to compel discovery sought by Chinese business investors for a pending arbitration proceeding and trial, both currently occurring in China, finding that the investors would be “substantially injured by a stay” (HRC-Hainan Holding Company, LLC, et al. v. Yihan Hu, et al., No. 19-80277, N.D. Calif.).

  • March 18, 2020

    Judge Denies Builder’s Petition To Arbitrate $2.1B Argentine Road Dispute

    NEW YORK — A South American subsidiary of a China-owned construction firm on Feb. 28 was denied its petition by a federal judge in New York to arbitrate its dispute with an Argentine construction company regarding a $2.1 billion Argentine highway construction project in the International Chamber of Commerce (ICC) located in New York rather than litigating the matter in Argentina (CCA Civil Panama S.A. v. Green S.A., No. 20-1450, S.D. N.Y.).

  • March 18, 2020

    Saudi Arabian Company Awarded Shares In Oil Company, $1.2M In Costs

    PHOENIX — An Arizona distribution company must transfer shares in a company that provides services to the oil and gas industry in the Middle East and Africa to a Saudi Arabian company, an Arizona federal judge held March 10, confirming a foreign arbitral award and ordering arbitration and legal costs of more than $1.2 million to the Saudi Arabian company (Ali Zaid Al-Quraishi v. Landers Distribution Group, Inc., No. 19-03181, D. Ariz., 2020 U.S. Dist. LEXIS 41704).

  • March 10, 2020

    ICSID Tribunal Award: No Jurisdiction Over Land Value Dispute

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) tribunal, in an award published March 9, dismissed arbitration of a dispute between a British man and his company and the Government of the Democratic Socialist Republic of Sri Lanka over submerged land that had been intended for a hotel, finding that it lacked jurisdiction ratione materiae due to an undated agreement and questionable deed of transfer (Raymond Charles Eyre, et al. and Democratic Socialist Republic of Sri Lanka, No. ARB/16/25, ICSID).