Mealey's International Arbitration

  • March 16, 2018

    Judge Denies Request For Discovery To Be Used In Taiwanese Actions

    NEW HAVEN, Conn. — After determining that discovery sought by a Chinese petrochemical company for use in several Taiwanese cases was not relevant to the actions, a Connecticut federal judge on March 14 denied the company’s request for discovery to be used in a foreign proceeding (In Re Ex Parte Application of China Petrochemical Development Corp. for an order pursuant to 28 U.S.C. § 1782 to conduct discovery for use in foreign proceedings, No. 3:17-cv-02138, D. Conn., 2018 U.S. Dist. LEXIS 42258).

  • March 15, 2018

    Ship Builder Seeks Confirmation Of $128.8M Award Against Venezuelan Ministry

    WASHINGTON, D.C. — A Virginia ship-building company on Feb. 27 filed a petition to confirm a $128,862,457 arbitral award in a District of Columbia federal court that was issued in its favor and against a Venezuela ministry in a dispute over a contract for the refurbishment of Venezuelan Navy vessels (Huntington Ingalls Incorporated v. Ministry of Defense of the Bolivarian Republic of Venezuela, No. 1:18cv469, D. D.C.).

  • March 15, 2018

    Judge Releases $3M After Outcome Of Singapore Appeal, Refuses To Award Fees

    DETROIT — A Michigan federal judge on March 13 granted a Korean automotive company’s request for the release of a $3 million deposit it had posted pending its appeal of a Singapore arbitral award that was issued in favor of another company on its claims for breach of contract and misappropriation of trade secrets, finding nothing to support a finding that the company would be unable to pay possible amounts owed for royalties for a new product (Nexteer Automotive Corp. v. Korea Delphi Automotive Systems Corp., No. 13-CV-15189, E.D. Mich., 2018 U.S. Dist. LEXIS 40727).

  • March 14, 2018

    Federal Judge Confirms $14M LCIA Award For Offshore Drilling Companies

    HOUSTON — After finding that the court had subject matter jurisdiction under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, a Texas federal judge on March 12 granted a petition filed by two drilling companies to confirm a $14,028,560.67 London arbitral award issued in their favor and against an energy firm (Transocean Offshore Gulf of Guinea VII Limited, et al. v. Erin Energy Corporation, No. 17-2623, S.D. Texas, Houston Div., 2018 U.S. Dist. LEXIS 39494).

  • March 12, 2018

    Energy Company Commences ICSID Case Against Republic Of Gabon

    PARIS — A Gabon energy company on March 8 filed a case with the International Centre for Settlement of Investment Disputes (ICSID) against the Republic of Gabon, asserting claims related to the alleged expropriation of its investment in a public works concession for drinking water and electricity in Gabon.

  • March 8, 2018

    ICSID Dismisses Energy Firm’s $193M Arbitration Claims Against Canada

    WASHINGTON, D.C. — In a majority ruling, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 6 issued an arbitral award in a case in which a U.S. energy firm sought approximately $193 million in damages from Canada in relation to its alleged treatment of energy generation assets and operations at a pulp mill, dismissing its claims for violation of the North American Free Trade Agreement (NAFTA) for lack of jurisdiction (Mercer International, Inc. v. Canada, No. ARB[AF]/12/3], ICSID).

  • March 7, 2018

    COMMENTARY: When Strategies Go Awry: Part 5 In A Series On Cognitive Biases And Their Impact

    By Laura A. Frase

  • March 7, 2018

    SIAC Releases Annual Report, Sees Highest Number Of New Cases

    SINGAPORE — The Singapore International Arbitration Centre (SIAC) on March 7 announced that it has released its annual report for last year, reporting a record number of new and administered cases.

  • March 6, 2018

    Federal Judge Confirms $966.5M ICSID Award, Rejects Venezuela’s Arguments

    WASHINGTON, D.C. — A District of Columbia federal judge on March 2 granted a Canadian gold production company’s petition to confirm a $966.5 million international arbitral award issued in its favor and against the Bolivarian Republic of Venezuela in relation to violations of a bilateral investment treaty, finding that the tribunal did not exceed its authority in calculating damages (Rusoro Mining Limited v. Bolivarian Republic of Venezuela, No. No. 16-cv-02020, D. D.C., 2018 U.S. Dist. LEXIS 34706).

  • March 5, 2018

    Judge Confirms ICC Award, Finds Tribunal’s Findings Were Supported By Law

    NEW YORK — A New York federal judge on March 2 granted a German entity’s petition to confirm an international arbitral award issued in its favor and against five claimants in relation to a dispute over share purchase agreement (BSH Hausgeräte GMBH v. Jak Kamhi, No. 17-5776, S.D. N.Y., 2018 U.S. Dist. LEXIS 34597).

  • March 5, 2018

    Justice Finds Tribunal Lacked Jurisdiction To Award Vessel Owner $57M

    LONDON — After finding that an arbitral clause in a contract for the charter of a bulk carrier vessel was not valid because the parties never entered into an agreement, an English justice on March 1 found that a tribunal lacked jurisdiction to hear a case in which it recently awarded the owner of the vessel $57.3 million in damages, plus interest and costs (Jiangsu Shagang Group Ltd. v. Loki Owning Company Ltd., No. [2018] EWHC 330, England and Wales High, Comm.).

  • March 1, 2018

    Gazprom To Pay Naftogaz $2.56B After Swedish Arbitral Award In Gas Dispute

    STOCKHOLM, Sweden — NJSC Naftogaz of Ukraine on Feb. 28 announced that a Stockholm arbitral tribunal has awarded it $4.63 billion in arbitration proceedings over gas supplies with Gazprom. 

  • February 27, 2018

    Justice Finds Mexican Entity Did Not Object To Jurisdiction, Enforces Award

    LONDON — An England and Wales justice on Feb. 9 rejected an application made by a Mexican salt-mining company to set aside an arbitral award issued in favor of a company it entered a shipbuilding contract with for the sale of salt barge, finding that the mining company failed to object to the arbitrator’s jurisdiction during the case (Exportadora de Sal S.A. de C.V. v. Corretaje Maritimo Sud-Americano Inc., No. [2018] EWHC 224 (Comm), England and Wales High, Comm.).

  • February 27, 2018

    ICSID Rejects Investors’ Request To Correct Award In Dispute With Romania

    PARIS — A tribunal for the International Centre for Settlement of Investment Disputes on Feb. 27 released its decision on rectification of a decision awarding two Italian investors damages and costs against Romania, rejecting the majority of the request, except for the correction of calculation errors made in the award (Marco Gavazzi, et al. v. Romania, No. ARB/12/25, ICSID).

  • February 26, 2018

    Romania Files Response In ICSID Arbitration Over Mining Rights

    WASHINGTON, D.C. — Romania on Feb. 22 filed its response to a Canadian mining company’s brief on the merits and quantum in a treaty arbitration pending before the International Centre for Settlement of Investment Disputes (ICSID) (Gabriel Resources Ltd. and Gabriel Resources [Jersey] v. Romania, No. ARB/15/31, ICSID).

  • February 26, 2018

    Terminal Operator Files LCIA Arbitration Against Djibouti Over Port Seizure

    DUBAI, United Arab Emirates — A Dubai port terminal operator on Feb. 23 announced that it has commenced arbitration against the government of Djibouti in London, seeking an order that Djibouti cease any alleged unlawful conduct related to the seizure of a container terminal.

  • February 23, 2018

    ConocoPhillips, Venezuelan Entities Dispute Effect Of DUFTA Ruling In Crystallex

    WILMINGTON, Del. — Various ConocoPhillips entities and the national oil company of Venezuela on Feb. 20 filed a joint letter in Delaware federal court, submitting arguments over whether a recent appellate court ruling should result in the dismissal of the oil company’s claims that the Venezuelan entities violated the Delaware Uniform Fraudulent Transfer Act (DUFTA) by fraudulently transferring assets in an attempt to avoid paying potential arbitral awards or whether amended complaints should be considered (ConocoPhillips Petrozuata B.V., et al. v. Petróleos de Venezuela S.A., et al., Nos. 16-904 and 17-00028, D. Del.).

  • February 22, 2018

    LCIA To Publish Challenged Decisions To Increase Transparency

    LONDON — The London Court of International Arbitration (LCIA) on Feb. 12 announced that it will release an online digest of challenged decisions as part of its ongoing commitment to transparency. 

  • February 22, 2018

    COMMENTARY: The 2018 ICAC Rules: Upgrade Of Procedure At The Main Arbitration Institution In Ukraine

    By Olena Perepelynska and Krystyna Khripkova

  • February 21, 2018

    Ukraine Claims Russia Violated Maritime Rights In New PCA Arbitration

    KYIV, Ukraine — The Foreign Ministry of Ukraine on Feb. 19 announced that it has commenced arbitration against the Russian Federation with the Permanent Court of Arbitration (PCA), alleging that it has violated its maritime rights.