SAN FRANCISCO — A California federal judge on Dec. 5 granted a Netherlands entity’s motion to compel arbitration of a dispute with a technology company in London pursuant to the terms of an agreement for the development of a customer interaction platform but refused to compel arbitration of claims asserted against a nonsignatory to the agreement (SteppeChange LLC v. VEON Ltd., et al., No. 18-cv-04842, N.D. Calif., 2018 U.S. Dist. LEXIS 205654).
MIAMI — A Florida federal judge on Nov. 26 confirmed two arbitral awards issued for a Florida entity in a dispute over a contract for the purchase of a yacht, ordering a Chinese vessel maker to pay $2,258,465.05 (King Baby Marine, LLC v. Zhuhai Iag Yacht Engineering Co. Ltd., No. 18-cv-62172, S.D. Fla.).
NEW YORK — A New York federal judge on Nov. 30 granted a petition filed by the Republic of Kazakhstan for an order allowing it to seek discovery materials from a money management company for use in several foreign proceedings in which investors are attempting to enforce a $199 million arbitral award (In re Application of Republic of Kazakhstan, No. 18-543, S.D. N.Y.).
THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Nov. 27 announced that a new arbitrator has been appointed in an arbitration commenced by Italy against India pursuant to the United Nations Convention on the Law of the Sea (UNCLOS) (The Enrica Lexie Incident [Italy v. India], No. 2015-28, PCA).
NEW YORK — A New York federal judge on Nov. 28 granted a petition to confirm an arbitration award filed by an Indian seller of rice, holding that the arbitrator did not exceed his authority and that the parties agreed to arbitration under the terms of the contracts (Bagadiya Brothers PVT Limited v. Churchgate Nigeria Limited, No 14-5656, S.D. N.Y., 2018 U.S. Dist. LEXIS 200550).
PITTSBURGH — After a Pennsylvania company failed to respond to a South African entity’s petition to confirm an arbitral award issued in its favor over a failed contract for the design and construction of a de-sulphurization plant in the Republic of South Africa, a Pennsylvania federal judge on Nov. 28 confirmed the award (ArcelorMittal South Africa Limited v. Vulcan International Inc., et al., No. 18cv1095, W.D. Pa.).
WILMINGTON, Del. — A Canadian mining company on Nov. 26 filed a letter in Delaware federal court, requesting that three actions in which it seeks to enforce a $1.2 billion arbitral award be stayed until next year, submitting that the parties have reached a settlement of the dispute and that the Bolivarian Republic of Venezuela has made an initial $500 million payment pursuant to the terms of the agreement (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 17-mc-151, D. Del.).
THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Nov. 23 issued an arbitral award in a dispute over a mining project, ordering the Plurinational State of Bolivia to pay a Bermuda entity $28 million in damages and interest (South American Silver Limited [Bermuda] v. The Plurinational State of Bolivia, No. 2013-15, PCA).
WASHINGTON, D.C. — A District of Columbia federal judge on Nov. 13 granted an investor’s request to lift the stay of its petition to enforce a $50 million arbitral award and denied a request by the Republic of Moldova to extend the stay, holding that the award was enforceable under French law and that the factors established in a Second Circuit U.S. Court of Appeals decision weighed in favor of lifting the stay (LLC Komstroy v. Republic of Moldova, No. 14-cv-01921, D. D.C., 2018 U.S. Dist. LEXIS 197432).
MIAMI — Shook, Hardy & Bacon on Nov. 6 announced that it has added a new chair of its Global Arbitration Practice.
IRVINE, Calif. — JAMS announced Oct. 29 that it and the Shanghai Commercial Mediation Center (SCMC) have created a joint panel of mediators in an effort to expand domestic and international services.
By B. Ted Howes, Gustavo Fernandes and Alejandro López Ortiz
By Andrew Aglionby
By John Dellaportas and Kianous Mojabe
GREENBELT, Md. — An estate on Nov. 16 filed a petition to confirm in a Maryland federal court an arbitral award issued in its favor by a Hong Kong tribunal, seeking a judgment in the amount of the award, plus fees and costs (Estate of Ke Zhengguang v. Yu Naifen Stephany, No. 8:18cv3546, D. Md.).
NEW ORLEANS — In a majority decision, the Fifth Circuit U.S. Court of Appeals on Nov. 15 voted to deny a petition for rehearing in which a Korean company asked it to reconsider the question it recently certified to the Louisiana Supreme Court of whether a nonresident attachment statute allows for attachment in a suit to compel arbitration and in which it argued that the question would not resolve the issues in the case (Stemcor USA Incorporated v. Daewoo International Corp., No. 16-30984, 5th Cir.).
MIAMI — A Florida federal judge on Nov. 13 denied a request by two companies that asked the court not to enter a judgment ordering them to pay a $22 million arbitral award, rejecting their argument that a payment they made pursuant to a Belgian court ruling satisfied the award because they are currently seeking to set aside the ruling in Belgium (Grupo Unidos Por El Canal, S.A., et al. v. Autoridad del Canal de Panama, 2018 U.S. Dist. LEXIS 195066).
WASHINGTON, D.C. — A District of Columbia federal judge on Nov. 13 denied a request filed by the Republic of Kazakhstan to stay the execution of a $497,685,101 arbitral award pending its appeal of an ordering confirming the award, finding that it failed to show that certain assets obtained in Europe were good alternative sources of security or that the usual requirement for posting a bond should not be followed by the court (Anatoli Stati, et al. v. Republic of Kazakhstan, No. 14-1638, D. D.C.).
ASTANA, Kazakhstan — The Ministry of Justice of Kazakhstan on Nov. 12 announced that a tribunal has issued an award rejecting all claims asserted by a Turkish company against it in relation to the alleged expropriation of services for fuel, cargo and helicopter supply services.
NEW YORK — A New York federal magistrate judge on Nov. 8 recommended that a petition to vacate an international arbitral award be denied and that a cross-petition to confirm the award be granted, holding that a mobile phone software maker failed to establish a governing law that was applicable in relation to its averse inference claim and that it failed to show that the tribunal manifestly disregarded the law (NDrive, Navigation Systems S.A. v. LG Electronics Inc., No. 18-CV-5514, S.D. N.Y., 2018 U.S. Dist. LEXIS 192388).