Mealey's International Arbitration

  • December 15, 2017

    ICSID Discontinues Treaty Investment Arbitration Filed Against Turkmenistan

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 14 released its order granting a request by a Turkish company to discontinue an arbitration it commenced against Turkmenistan in relation to its investment in a shopping plaza project (Görkem Inşaat Sanayi ve Ticaret Limited Şirketi v. Turkmenistan, No. ARB/16/30, ICSID).

  • December 15, 2017

    Condo Owners Seek To Confirm Costa Rican Award In Arizona Federal Court

    PHOENIX — A group of condominium owners at a resort in Costa Rica on Dec. 12 filed a petition to confirm an arbitral award issued in their favor in relation to the property owner’s breach of their purchase agreements (John Lindsey, et al. v. Punta Vista Bahia, S.A., et al., No. 2:17-cv-04596, D. Ariz.).

  • December 14, 2017

    Judge Partially Compels Cruise Line Worker’s Claims To Arbitration

    MIAMI — A Florida federal judge on Dec. 12 found that a cruise line worker’s negligence claims against her employer must be arbitrated in the Bahamas pursuant to the terms of her employment agreement, but remanded claims against another cruise line and her coworker to a state court, because they were not signatories to the arbitration agreement (Michelle Haasbroek v. Princess Cruise Lines Ltd., No. 17-cv-22370, S.D. Fla., 2017 U.S. Dist. LEXIS 204025).

  • December 14, 2017

    PCA To Issue Award, Asks Russia And Investors Questions On Quantum

    THE HAGUE, Netherlands — In preparation for the issuance of a final award in a treaty dispute over real estate investments in Crimea, the Permanent Court of Arbitration (PCA) on Dec. 13 announced that it has posed certain questions to the investors and the Russian Federation in relation to responsibility and quantum (Lugzor LLC, et al. v. The Russian Federation, No. 2015-29, PCA).

  • December 14, 2017

    ICSID Joins Costa Rica’s Objections To Jurisdiction To Merits Of BIT Case

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 6 released its decision on jurisdiction in an arbitration commenced by a Canadian mining company against the Republic of Costa Rica, finding that Costa Rica’s objections to jurisdiction and the issue of whether the company had an investment under a bilateral investment treaty should be considered with the merits of the case (Infinito Gold Ltd. Claimant v. Republic of Costa Rica, No. ARB/14/5, ICSID).

  • December 14, 2017

    ICSID Finds It Lacks Jurisdiction To Hear Treaty Claims Against Venezuela

    PARIS — After considering the Bolivarian Republic of Venezuela’s denunciation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention), a tribunal on Dec. 6 found that it lacks jurisdiction over claims for alleged expropriation of an investment in glass container production plants asserted by two Venezuelan companies (Fabrica De Vidrios Los Andres C.A., et al. v. Bolivarian Republic of Venezuela, No. ARB/12/21, ICSID).

  • December 13, 2017

    COMMENTARY: Arbitration Reform In Ukraine: Enhancing Efficiency Of Judicial Control Over And Support To Arbitration

    By Olena Perepelynska

  • December 12, 2017

    Insurers: Federal Court Has ‘Unflagging Obligation’ To Exercise Jurisdiction

    SAN FRANCISCO — Primary and first-layer excess insurers argue in a recent brief to the Ninth Circuit U.S. Court of Appeals that because they raised a “facially non-frivolous” and “compelling” argument in favor of arbitration, a federal district court should have fully adjudicated their motion to compel arbitration instead of remanding the lawsuit to California court (SFA Group v. Certain Underwriters at Lloyds London, et al., No. 16-56467, 9th Cir.).

  • December 11, 2017

    COMMENTARY: Q&A On Arbitration In Latin America

    By Carlos J. Bianchi

  • December 11, 2017

    Supreme Court Refuses To Hear Petition Challenging $48M ICC Award

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 11 denied a petition for writ of certiorari filed by a group of mining entities, which challenged the issuance of a $48,053,462 arbitral award by the International Chamber of Commerce’s (ICC) International Court of Arbitration in favor of a group of Brazilian companies in a dispute related to the sale of pig iron (Amci Holdings Inc., et al. v. CBF Industria De Gusa S/A, et al., No. 17-481, U.S. Sup.).

  • December 7, 2017

    Judge Refuses To Compel ICC Arbitration Of Dispute Over Food Equipment Purchase

    PORTLAND — After finding that a producer of dried fruit and a seller of food processing equipment never agreed to submit disputes in relation to the sale and purchase of equipment to international arbitration, an Oregon federal judge on Dec. 5 entered an order granting an injunction in favor of the producer and refusing to compel arbitration in Vienna (Meduri Farms Inc. v. DutchTecSource B.V., No. 3:17-cv-906, D. Ore., 2017 U.S. Dist. LEXIS 199793).

  • December 7, 2017

    Federal Judge Compels Arbitration Of License Agreement Dispute To SIAC

    SAN FRANCISCO — After finding that a valid arbitration agreement existed between companies in relation to an agreement for the use and sale of certain trademarks owned by Sharp Corp., a California federal judge on Dec. 5 compelled claims for fraud, rescission and violation of California’s unfair competition law (UCL) to arbitration in Singapore (Sharp Corp. v. Hisense USA Corporation, et al., No. 17-cv-03341, N.D. Calif., 2017 U.S. Dist. LEXIS 200102).

  • December 7, 2017

    PCA Holds Hearing On Remaining Issues In UNCITRAL Case Against Russia

    THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) on Dec. 6 announced that it has held a hearing on the outstanding issues of liability, jurisdiction and admissibility in an arbitration commenced by a bank and a finance company against the Russian Federation (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).

  • December 5, 2017

    9th Circuit Refuses To Compel Arbitration Of Estate’s Claims In South Korea

    HONOLULU, Hawaii  — The Ninth Circuit U.S. Court of Appeals on Nov. 30 affirmed a district court’s decision that denied a Korean corporation’s motion to compel an estate’s negligence claims related to the death of a seaman to arbitration in South Korea, finding that the corporation was not a signatory to the arbitral agreement in an underlying employment contract (Esther Margarita Limia Suarez Viuda De Yang, et al. v. Majestic Blue Fisheries LLC, et al., No. 15-16881, 9th Cir., 2017 U.S. App. LEXIS 24308).

  • December 5, 2017

    Ecuador To Pay ConocoPhillips $337M In Settlement Of ICSID Award

    HOUSTON — ConocoPhillips on Dec. 4 announced that the Republic of Ecuador and its subsidiary reached an agreement in relation to the payment of an international arbitral award (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).

  • December 4, 2017

    High Court Refuses To Review Enforcement Of $422M ICC Award

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 4 denied a petition for writ of certiorari that sought review of a district court’s order confirming a $422 million award international arbitral award issued in a patent infringement case (Dow Agrosciences LLC, et al. v. Bayer Cropscience NV, No. 17-372, U.S. Sup.).

  • December 1, 2017

    ICSID Orders Peru To Pay Mining Firm $24M For Trade Agreement Violations

    WASHINGTON, D.C. — In a majority ruling, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 1 released its award in favor of a Canadian mining company for $24,223,775, plus interest, in damages for the expropriation of its mining investment in the Republic of Peru (Bear Creek Mining Corp. v. Republic of Peru, No. ARB/14/21, ICSID).

  • December 1, 2017

    Judge Stays Lawsuit Pending Decision In ICSID Arbitration Against Guinea

    NEW YORK — A New York federal judge on Nov. 29 granted a motion filed by a group of nonprofit organizations to stay a case related to mining rights in Guinea, pending the outcome of an international arbitration case commenced by a group of resource companies against Guinea (BSG Resources [Guinea] Limited, et al. v. George Soros, et al., No. 17-2726, S.D. N.Y., 2017 U.S. Dist. LEXIS 196141).

  • November 30, 2017

    COMMENTARY: Time Is Of The Essence: The Importance Of Bringing A Challenge To An Arbitral Award In Good Time

    By Thomas Yates and Tony Hewitt

  • November 29, 2017

    ICSID Revises Schedule In Laos Gaming Arbitration To Hear New Claims

    SINGAPORE — After a recent decision in which a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) clarified that it will consider new claims asserted by a gaming industry investor regarding the nonrecognition of a Singapore arbitral award against a third party, the tribunal on Nov. 27 issued a revised time schedule and a new hearing date for all issues in the case (Lao Holdings N.V. v. Lao People's Democratic Republic, No. ARB[AF/16/2], ICSID).