Mealey's International Arbitration

  • May 13, 2021

    Oil Company Seeks To Confirm Award Worth $540M Against Former Partner

    NEW YORK — A Barbadian company on May 3 filed a petition in a New York federal court to confirm an arbitral award worth approximately $540 million against a California entity for withholding its contractually obligated share of a nearly $1 billion award the California entity received for a separate arbitration against the Republic of Ecuador regarding a terminated oil field contract.

  • May 11, 2021

    Magistrate Finds Section 1782 Applies To ‘State-Sponsored’ Dubai Arbitral Tribunal

    WASHINGTON, D.C. — A District of Columbia federal magistrate judge on May 10 granted a Luxembourg entity’s application to seek discovery from a D.C.-based law firm regarding its communications with a Saudi businessman after the magistrate determined that a Dubai-based tribunal hearing a dispute involving the entity and the businessman qualifies as a “state-sponsored” body to which discovery in aid of foreign tribunals is available.

  • May 07, 2021

    Parts Maker Tells High Court Private Arbitrations Not Excluded By Section 1782

    WASHINGTON, D.C. — A New York-based engine parts maker writes in its May 6 petitioner’s brief on the merits to the U.S. Supreme Court that the statute allowing discovery in aid of foreign courts and tribunals was intended to apply to private tribunals as of its amendment in 1964 and that the existing circuit split on the issue was created by the imposition of “judicially-devised limitations” on the text of the statute.

  • May 06, 2021

    3rd Circuit Declines Quick Dismissal Of Venezuelan Challenge To Oil Shares Sale

    PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on May 3 in a one-page order said a merits panel should decide a Canadian gold miner’s motion to dismiss an appeal brought by the Bolivarian Republic of Venezuela, its state-owned oil company Petróleos de Venezuela S.A. (PDVSA) and other affiliated entities challenging a district court order that PDVSA shares owned by a Delaware holding company be auctioned off to satisfy an arbitral award worth more than $1.4 billion.

  • May 05, 2021

    Investor Appeals $27.3M Judgment To 11th Circuit, Says Award Cannot Be Satisfied

    MIAMI — An investor in a Chilean winery on May 4 transmitted his notice of appeal to the 11th Circuit U.S. Court of Appeals, challenging a Florida federal court’s entry of amended final judgment for $27.3 million against him in exchange for a Chicago-based investment entity’s 7.5 million shares in the winery after filing a motion in court arguing that the entity no longer possesses “preferred shares” and therefore cannot comply with terms of an underlying arbitral award.

  • May 03, 2021

    Award-Creditor Seeks Discovery To Establish If Company Is Chinese Instrumentality

    WASHINGTON, D.C. — A British Virgin Islands entity seeking to confirm a $21.5 million arbitral award against a Chinese oil exploration and production company responded to the Chinese company’s motion to dismiss for lack of jurisdiction on April 30 by moving for leave to conduct jurisdictional discovery under U.S. law to establish that the Chinese company is an instrumentality of the People’s Republic of China.

  • April 29, 2021

    ICSID Tribunal Bifurcates Business’s Claims Against Cameroon For CEO’s Arrest

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal in a decision published April 27 ordered bifurcation to first address the Republic of Cameroon’s jurisdictional objections to a U.S. business’s claims against it for allegedly violating the U.S.-Cameroon bilateral investment treaty (BIT) by expropriating its investment and imprisoning its CEO.

  • April 28, 2021

    High Court Declines To Stay Section 1782 Discovery Despite Pending Appeal

    WASHINGTON, D.C. — The U.S. Supreme Court on April 27 declined to stay a district court’s order allowing an engine parts-maker to take discovery for use in an English arbitration as was ordered by the Fourth Circuit U.S. Court of Appeals, despite the fact that the parts-maker’s appeal regarding whether such discovery can be ordered for private commercial tribunals is pending before the high court.

  • April 27, 2021

    Company Seeks Hotel Financing Discovery For Use In Action Against Pakistan

    NEW YORK — An Australia-based joint venture on April 26 filed an application in a New York federal court seeking documentary discovery from two law firms and a management company that are involved in the operations and financing of a New York hotel allegedly indirectly owned by Pakistan for use in its action in the British Virgin Islands (BVI) to enforce half of an arbitral award against Pakistan worth more than $6 billion.

  • April 26, 2021

    Company Urges High Court To Not Stay Section 1782 Discovery Order Pending Appeal

    WASHINGTON, D.C. — An engine parts-maker in an April 23 brief tells the U.S. Supreme Court to deny Rolls-Royce PLC’s application to stay scheduled witness depositions for use in an arbitration in England while the parts-maker’s appeal is pending before the high court over whether such discovery can be ordered for private commercial tribunals because its high court appeal arose from a Seventh Circuit U.S. Court of Appeals decision while the depositions were authorized by the Fourth Circuit in a decision Rolls-Royce never appealed.

  • April 26, 2021

    Delaware Court Contradicted FAA By Enjoining Arbitration, Company Tells High Court

    WASHINGTON, D.C. — An oil company in an April 15 petition for a writ of certiorari urges the U.S. Supreme Court to review a Delaware Supreme Court decision enjoining it from pursuing a second arbitration in a gas terminal dispute, writing that the court broke from precedent requiring courts to delegate issues of arbitrability to arbitrators and misapplied the Federal Arbitration Act (FAA) by enjoining claims that it deemed a “collateral attack.”

  • April 13, 2021

    COMMENTARY: Delaware Courts Hold Jurisdiction To Determine Whether Second Arbitration Is Untimely Collateral Attack On First Arbitration Award, Even If Contract Assigns All Jurisdiction Questions To Arbitration

    By Andrew S. Dupre

  • April 06, 2021

    COMMENTARY: Subpoenas To Third Parties In Arbitration

    By Thomas F. Bush

  • April 23, 2021

    Nigeria Tells D.C. Circuit It Did Not Waive Sovereign Immunity Under FSIA

    WASHINGTON, D.C. — The Federal Republic of Nigeria and its oil ministry argue in an April 21 appellant brief to the District of Columbia Circuit U.S. Court of Appeals that a district court erred by finding that Nigeria impliedly waived its sovereign immunity to an action to enforce an arbitral award worth more than $10 billion under the Foreign Sovereign Immunities Act (FSIA), arguing that FSIA’s implied waiver exception “must be construed narrowly” and that implied waiver must be intentional.

  • April 23, 2021

    2nd Circuit Finds Tribunal Did Not Disregard UAE Law, Affirms Nearly $52M Award

    NEW YORK — A Second Circuit U.S. Court of Appeals panel on April 22 affirmed a district court’s confirmation of an arbitral award worth nearly $52 million against a United Arab Emirates (UAE) company for defaulting on three aircraft leases after rejecting the company’s arguments that the tribunal acted in manifest disregard of UAE law.

  • April 22, 2021

    Cayman Entities Petition To Confirm Chinese Tribunals’ Awards In New York

    NEW YORK — Two Cayman Island entities on April 13 filed a petition in a New York federal court to confirm two arbitral awards worth approximately $142 million issued by a Chinese tribunal against a Chinese businesswoman and three companies she allegedly controls, arguing that the court has jurisdiction to enforce the awards because the businesswoman purchased nearly $30 million worth of artwork from a New York auction house.

  • April 22, 2021

    Construction Firms Seek To Vacate Panama Canal Award Due To ‘Evident Partiality’

    MIAMI — An international group of construction firms on April 19 filed a petition in a Florida federal court to vacate an arbitral award worth more than $240 million that they were ordered to pay the Panamanian operator of the Panama Canal due to alleged “evident partiality” on the part of all three arbitrators, arguing that the tribunal members failed to disclose external appointments and outside work with counsel for the canal operator that may have influenced their decision-making during the arbitration.

  • April 21, 2021

    Company Seeks To Confirm $136M Award Against India For Canceled Satellite Contract

    WASHINGTON, D.C. — A German entity on April 19 filed a petition in a District of Columbia federal court to confirm a Permanent Court of Arbitration (PCA) arbitral award worth nearly $136 million against the Republic of India for directing a state-owned Indian corporation to terminate its contract with an Indian company that the German petitioner had invested in.

  • April 21, 2021

    Rolls-Royce Ask High Court To Block Section 1782 Discovery Pending Appeal

    WASHINGTON, D.C. — Rolls-Royce PLC on April 20 urged the U.S. Supreme Court to stay an engine parts-maker’s bid to take witness depositions for use in an arbitration in England while the parts-maker’s appeal on whether it is entitled to such discovery under federal law is pending before the high court, writing that without a stay, the parts-maker will win “a partial victory” before the high court has a chance to rule.

  • April 19, 2021

    Judge Orders Section 1782 Subpoenas Despite Pending High Court Appeal

    CHARLESTON, S.C. — A South Carolina federal judge on April 16 granted an application by a New York-based engine-parts maker to issue deposition subpoenas for use in an arbitration in England one day after the Fourth Circuit U.S. Court of Appeals issued a writ of mandamus ordering that the application be granted even though the U.S. Supreme Court recently granted certiorari in an appeal involving the same parties and same issue.