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Mealey's International Arbitration

  • August 14, 2018

    Panel Allows Discontinuance Of Case Seeking To Enforce $497M Award In English Courts

    LONDON — An English appeals court on Aug. 10 upheld an appeal by a group of investors who discontinued their action to enforce a $497,685,101 arbitral award issued in their favor, holding that there was no connection to the English jurisdiction because the Republic of Kazakhstan’s intention to raise fraud claims was to defend the enforcement action and to have that order set aside  (Anatolie Stati, et al. v. the Republic of Kazakhstan, No.  [2018] EWCA Civ. 1986).

  • August 10, 2018

    Federal Judge Allows Attachment Of Shares To Satisfy $1.2B ICSID Award

    WILMINGTON, Del. — A Delaware federal judge on Aug. 9 granted a Canadian mining company’s motion seeking attachment of shares allegedly owned by the alter ego of the Bolivarian Republic of Venezuela, allowing it to seek payment of a $1.2 billion arbitral award (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 17-mc-151, D. Del.).

  • August 9, 2018

    Panel Affirms Confirmation Of $16.6M Award Over Failed Power Plant Project

    AUSTIN, Texas — A Texas appeals court on Aug. 8 affirmed a trial court’s ruling to confirm a $16,665,184.60 arbitral award issued in favor of a Mexican entity, which entered into an agreement for the purchase and assembly of used electrical-generation equipment for use in the construction of a power plant, holding that an equipment company failed to show that the tribunal erred in not transcribing the hearing (Dixie Equipment LLC, et al. v. Energia de Ramos, S.A.P.I. de C.V., No. 03-17-00492, Texas App., 3rd Dist.).

  • August 9, 2018

    9th Circuit Refuses To Reconsider Decision Vacating Asset Turnover Order

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on July 31 denied a petition for rehearing en banc of its decision to vacate an order that required a Russian national to turn over assets in a trust, to assist with the payment of a $92 million arbitral award, as premature due to similar litigation pending in Liechtenstein, which could resolve many of the same issues in the present case (Vitaly Ivanovich Smagin v. Ashot Yegiazaryan, ex rel., Nos. 16-55502, 16-56749, 17-56467, 9th Cir.).

  • August 8, 2018

    ICSID Awards Investors In Croatia’s Food Industry $6.7M For Treaty Violation

    WASHINGTON, D.C. — After finding that the Republic of Croatia expropriated an investment by a meat company and its owner by taking land plots without compensation, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Aug. 7 issued its decision awarding the claimants a total of $6,732,028.75 in damages and costs (Gavrilović and Gavrilović d.o.o. v Republic of Croatia, No. ARB/12/39, ICSID).

  • August 8, 2018

    Kazakhstan Asks Court To Stay Execution Of Order Confirming $497M Award

    WASHINGTON, D.C. — The Republic of Kazakhstan on Aug. 6 moved to stay the execution of a judgment confirming a $497,685,101 arbitral award, pending the outcome of its appeal in the District of Columbia Circuit U.S. Court of Appeals (Anatoli Stati, et al. v. Republic of Kazakhstan, No. 14-1638, D. D.C.).

  • August 7, 2018

    ICSID Refuses Croatia’s Request For Additional Briefing As Untimely

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Aug. 6 released its decision denying a request by the Republic of Croatia to set a schedule for filing proposed supplementary preliminary objections in light of a recent ruling by the Grand Chamber of the Court of Justice of the European Union (CJEU), finding that the facts of that case were known by Croatia for a long time and that the request was untimely (Gavrilović and Gavrilović d.o.o. v Republic of Croatia, No. ARB/12/39, ICSID).

  • August 6, 2018

    ICSID Proposes Comprehensive Changes To Arbitration Rules

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Aug. 3 announced that it has proposed comprehensive updates to its arbitration rules. 

  • August 3, 2018

    Panel Holds Maritime Dispute Must Be Arbitrated In London, Reverses Ruling

    ATLANTA — After finding that shipping companies unambiguously agreed to arbitrate disputes related to a charter party in London, the 11th Circuit U.S. Court of Appeals on Aug. 1 reversed a trial court’s ruling compelling arbitration in Miami (Internaves De Mexico, s.a. de C.V. v. Andromeda Steamship Corporation, et al., No. 17-12164, 11th Cir., 2018 U.S. App. LEXIS 21280).

  • July 31, 2018

    COMMENTARY: “Hard” Tools For Controlling Discovery Burdens In Arbitration

    By Steven C. Bennett

  • August 1, 2018

    ICSID Will Hear NAFTA Claims Related To Mortgages, Real Estate Projects In Mexico

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 31 released its decision on jurisdiction in an arbitration brought by Canadian investors against the United Mexican States, holding that it has jurisdiction to hear claims related only to mortgages that were obtained for an investment in real estate projects, but held that it lacked jurisdiction under the North American Free Trade Agreement (NAFTA) to hear the investors’ claims related to underlying promissory notes (Lion Mexico Consolidated L.P. v. United Mexican States, No. ARB[AF]/15/2, ICSID).

  • July 30, 2018

    Mexico Becomes 154th State To Ratify The ICSID Convention

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on July 27 announced that the United Mexican States has ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).

  • July 30, 2018

    D.C. Judge Stays Confirmation Action Against Ecuador Pending Settlement

    WASHINGTON, D.C. — A District of Columbia federal judge on July 25 stayed a case in which a British Columbia mining company seeks to confirm an international arbitration award, pending the finalization of a settlement agreement with the Republic of Ecuador (Copper Mesa Mining Corporation v. The Republic of Ecuador, No. 17-394, D. D.C.).

  • July 26, 2018

    ICSID Rejects Canada’s Objections, Allows Mobil’s NAFTA Claims To Proceed

    WASHINGTON, D.C. — A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 26 released its decision on jurisdiction and admissibility in an arbitration commenced by an oil company in relation to its investments in oil field development projects, rejecting Canada’s arguments that its claims were time-barred under the North American Free Trade Agreement (NAFTA) or barred by a previous case (Mobil Investments Canada Inc. v. Canada, No. ARB/15/6, ICSID).

  • July 25, 2018

    ICSID Partially Upholds Czech Republic’s Objections To Jurisdiction Of Tribunal

    WASHINGTON, D.C. — Although a tribunal found that it lacked jurisdiction over certain claims asserted by a U.K. investor in relation to its takeover of services related to a company in the Czech Republic, it released its decision on July 23, holding that the company was a foreign investor under the treaty and that it did not incorporate in Czech Republic in bad faith (A11Y Ltd. v. Czech Republic, No. UNCT/15/1, ICSID).

  • July 23, 2018

    Investors Seek Confirmation Of $150M ICSID Award In D.C. Federal Court

    WASHINGTON, D.C. — Investors in solar power projects in the Kingdom of Spain on July 19 filed a petition to confirm an international arbitral award issued in their favor, requesting that a District of Columbia federal court enter a judgment in their favor for $150,016,000, or 128 million euros (Eiser Infrastructure Limited, et al. v. Kingdom of Spain, No. 1:18-cv-01686, D.C.).

  • July 20, 2018

    Mining Companies Argue Romania Breached Treaty, Seek $3.2B In ICSID Case

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICISD) on July 11 released a memorial filed by mining companies that commenced an arbitration against Romania in relation to their investments in a gold and silver project, seeking an award of $3,285,656,649 for violations of a bilateral investment treaty (BIT) (Gabriel Resources Ltd. and Gabriel Resources [Jersey] v. Romania, No. ARB/15/31, ICSID).

  • July 20, 2018

    Companies Seek $1.80B Payment From Peru For Land Bonds In ICSID Case

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on July 19 released the third notice of arbitration filed by a funds management company and a holding company against the Republic of Peru, in which they seek $1.8 billion in damages for the value of Peruvian land bonds (Gramercy Funds Management LLC and Gramercy Peru Holdings LLC v. Republic of Peru, ICSID Case No. UNCT/18/2).

  • July 19, 2018

    Venezuelan Ministry Asks D.C. Judge To Dismiss Petition To Confirm $128M Award

    WASHINGTON, D.C. — The Ministry of Defense of the Bolivarian Republic of Venezuela on July 13 moved a District of Columbia federal court to dismiss a ship-building company’s petition to confirm a $128,862,47 arbitral award, arguing that the tribunal exceeded its authority by setting a place where the arbitration would occur even though it was not agreed on by the parties (Huntington Ingalls Incorporated v. Ministry of Defense of the Bolivarian Republic of Venezuela, No. 1:18cv469, D. D.C.).

  • July 18, 2018

    COMMENTARY: Arbitration And Provisional Measures: The Current Standing of Brazilian Law

    By Pedro Alberto Costa Braga de Oliveira