Mealey's International Arbitration

  • October 18, 2019

    Supreme Court Turns Down Appeal On Fraud Defense In Arbitration Dispute

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 15 denied a petition for a writ of certiorari filed by the Republic of Kazakhstan that asked the court to review an appellate court’s affirmance of a finding that it forfeited a fraud-based public policy defense in an international arbitration confirmation proceeding (Republic of Kazakhstan v. Anatolie Stati, et al., No. 19-301, U.S. Sup.).

  • October 16, 2019

    Del Monte Seeks Final Judgment After U.S. High Court Denial Of Cert In Arbitration Dispute

    MIAMI — Following the U.S. Supreme Court’s denial of certiorari to a Costa Rican entity’s challenge of a $29,290,440 arbitration award in connection with a pineapple seed agreement, Del Monte International GMBH on Oct. 11 filed a renewed motion with a Florida federal court seeking entry of a final judgment of contempt (Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, No. 16-24275, S.D. Fla.).

  • October 15, 2019

    Judge Confirms $122,367.86 Arbitration Award Over Charter Agreement Dispute

    CAMDEN, N.J. — A federal judge in New Jersey on Sept. 26 confirmed a foreign arbitration award of $122,367.86 to a vessel owner in a dispute over breach of obligations under a charter party agreement by a charter operator (KG Schifffahrtsgesellschaft MS Pacifc Winter mbH & Co. v. Safesea Transport Inc., No. 19-4869, D. N.J., 2019 U.S. Dist. LEXIS 166205).

  • October 14, 2019

    Mexican Cement Company Cites Errors In Confirmation Of $36.1M Arbitration Award

    DENVER — Appealing the confirmation of a $36.1 million arbitral award, a Mexican cement company with a shared interest in Bolivia’s largest cement company argues in an Oct. 3 reply brief that another investor “fails to grapple” with a district court’s errors when it asks the 10th Circuit U.S. Court of Appeals to ignore the U.S. Supreme Court’s test for personal jurisdiction and Bolivian courts’ interpretation of Bolivian law (Compañía de Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua S.A.B. de C.V., et al., No. 19-1151, 10th Cir.).

  • October 11, 2019

    Magistrate Judge: IMAX’s Petition To Vacate Arbitration Awards Should Be Denied

    MIAMI — A Florida federal magistrate judge on Sept. 27 recommended that IMAX Corp.’s petition to vacate a partial final award establishing that IMAX reached a settlement with its third-party seller and a final award ordering IMAX to pay $971,525.38 to the third-party seller in arbitration costs should be denied because the petition is without merit (IMAX Corp. v. Giencourt Investments, S.A., No. 17-62033, S.D. Fla., 2019 U.S. Dist. LEXIS 168828).

  • October 11, 2019

    $58.6M Final Judgment Entered In Electricity Supply Dispute

    WASHINGTON, D.C. — A District of Columbia federal judge on Oct. 2 entered final judgment against the Republic of Moldova for almost $58.6 million in an electricity supply dispute after determining that Moldova must pay $12.2 million in prejudgment interest in addition to the arbitral award of $46.4 million (LLC Komstroy v. Republic of Moldova, No. 14-1921, D. D.C., 2019 U.S. Dist. LEXIS 170883).

  • October 10, 2019

    Texas Federal Magistrate Judge Grants Request For Subpoena On Gas Company’s Auditor

    DALLAS — A Texas federal magistrate judge on Sept. 30 granted a motion filed by Ukraine’s national oil and gas company to serve a subpoena on the auditor of an oil and gas reserves company after determining that the discovery is relevant as it is sought in connection with possible judicial proceedings to enforce an arbitration award (In re:  Application of NJSC Naftogaz of Ukraine, No. 18-92, N.D. Texas).

  • October 10, 2019

    D.C. Federal Judge Says Guatemala Must Pay $21M Award To Holding Company

    WASHINGTON, D.C. — A District of Columbia federal judge on Oct. 1 granted  a Guatemalan holdings company’s motion for judgment on the pleadings as to its petition to confirm a more than $21 million international arbitral award issued in its favor and against the Republic of Guatemala after determining that the award is binding on the parties (TECO Guatemala Holdings, LLC v. Republic of Guatemala, No. 17-102, D. D.C., 2019 U.S. Dist. LEXIS 169168).

  • October 10, 2019

    Mining Company Seeks To Confirm Award, Enforce Order Against Sierra Leone

    WASHINGTON, D.C. — A mining company whose right to ship mined ore was suspended indefinitely by the Government of the Republic of Sierra Leone filed a petition on Sept. 25 in District of Columbia federal court, seeking to confirm an arbitration award entered in its favor and seeking to enforce an arbitrator’s emergency order allowing the company to resume shipping operations (SL Mining Ltd., v. The Government of the Republic of Sierra Leone, No. 19-2888, D. D.C.).

  • October 08, 2019

    2nd Circuit Finds No Bar To Extraterritorial Discovery From Santander Affiliate

    NEW YORK — A Second Circuit U.S. Court of Appeals panel on Oct. 7 found that Title 28 U.S. Code Section 1782 does not contain a per se bar to extraterritorial discovery, affirming a trial court’s grant of an application for discovery of documents for use in foreign proceedings from a U.S. firm that is not a party to the foreign proceedings (In Re:  Application of Antonio del Valle Ruiz and Others for an Order to Take Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C. § 1782, Nos. 18-3226, 18-3474 and 18-3629, 2nd Cir., 2019 U.S. App. LEXIS 30002).

  • October 07, 2019

    Judge Grants Chevron’s Motion To Dismiss Petition To Confirm Arbitration Award

    OAKLAND, Calif. — Heirs of two Saudi Arabian sheiks seeking to confirm a nearly $18 billion arbitration award against Chevron Corp. and Chevron U.S.A. Inc. (collectively, Chevron) in a dispute over Saudi oil fields failed to show that there was an operative arbitration agreement between the parties, a federal judge in California ruled Sept. 24, granting a motion to dismiss the heirs’ petition (Waleed Al-Qarqani, et al. v. Chevron Corporation, et al., No. 18-3297, N.D. Calif.).

  • October 07, 2019

    Judge Confirms Customs Contract Arbitration Awards, Orders Congo To Pay $96M

    WASHINGTON, D.C. — A federal judge in the District of Columbia on Sept. 23 confirmed arbitral awards against the Democratic Republic of the Congo (DRC) regarding work performed by a customs and tax consulting firm and entered default judgment ordering the DRC to pay more than $96 million along with prejudgment interest (Customs and Tax Consultancy LLC v. The Democratic Republic of the Congo, No. 18-1408, D.D.C., 2019 U.S. Dist. LEXIS 162136).

  • October 01, 2019

    ICSID Issues Award For Oil Company And For Ecuador In Drilling, Damages Dispute

    WASHINGTON, D.C. — The Republic of Ecuador must pay an oil company more than $448 million for breach of contract related to drilling sites in the Amazon while the oil company must pay Ecuador more than $54 million for environmental damage, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) ruled in an award issued Sept. 27 (Perenco Ecuador Limited v. The Republic of Ecuador, No. ARB/08/6, ICSID).

  • October 01, 2019

    Panel Says Plaintiff’s Suit Does Not Relate To Arbitration Award; Remand Warranted

    PORTLAND, Ore. — A district court erred in granting a motion to dismiss filed by defendants and in denying a plaintiff’s motion to remand in a dispute over a medical services software agreement because the suit does not relate to an international arbitration award and, therefore, was not properly removed to federal court, the Ninth Circuit U.S. Court of Appeal said Sept. 23 in reversing and remanding the ruling (Cerner Middle East Limited v. Belbadi Enterprises LLC, et al., No. 17-35157, 9th Cir., 2019 U.S. App. LEXIS 28630).

  • October 01, 2019

    Divided Tribunal Orders Spain To Pay $29.3M For Breach Of Energy Charter Treaty

    WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal, in an award and dissent opinion both published on Sept. 23, found that it had jurisdiction over some of the claims brought by two companies that invested in solar facilities in Spain but ruled 2-1 that Spain violated Article 10 of the Energy Charter Treaty (ECT) when it instituted royal decrees to address a tariff deficit that affected investors’ rate of return (OperaFund Eco-Invest SICAV PLC, et al. v. Kingdom of Spain, No. ARB/15/36, ICSID).

  • September 26, 2019

    United States To Supreme Court: Nonsignatory May Pursue Arbitration

    WASHINGTON, D.C. — The United States filed an amicus brief on Sept. 24 in an international arbitration case before the U.S. Supreme Court supporting a French energy company’s position that the 11th Circuit U.S. Court of Appeals erred when it found that the company could not pursue arbitration against a steel plant and insurers because there was no agreement in writing between the parties (GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, et al., No. 18-1048, U.S. Sup.).

  • September 12, 2019

    COMMENTARY: SHOW ME THE MONEY: Identification and Preservation Of Assets In The Cayman Islands

    [Editor’s Note: David Lee, partner and member of the Cayman Dispute Resolution department and Mehreen Siddiqui, associate within the Cayman Dispute Resolution group. Any commentary or opinions do not reflect the opinions of Appleby or LexisNexis®, Mealey Publications™. Copyright © 2019 by David Lee and Mehreen Siddiqui. Responses are welcome.]

  • September 23, 2019

    Federal Judge Grants Spain’s Motion To Stay Petition Seeking To Enforce $74M Award

    WASHINGTON, D.C. — A District of Columbia federal judge on Sept. 18 granted the Kingdom of Spain’s motion to stay a petition seeking to enforce an approximately $74,271,750 international arbitral award after determining that it is appropriate to stay the suit until the International Centre for the Settlement of Investment Disputes (ICSID) resolves the kingdom’s annulment application before the ICSID (Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain, No. 18-02254, D. D.C.).

  • September 20, 2019

    6th Circuit:  Discovery Provision Applies To Foreign Commercial Arbitration Panel

    CINCINNATI — Applying the principles of Intel Corp. v. Advanced Micro Devices, Inc., the Sixth Circuit U.S. Court of Appeals on Sept. 19 concluded in what it called a matter of first impression that a private commercial arbitration panel qualifies as a “tribunal” under U.S. Code Title 28 Section 1782(a), leading it to reverse a trial court’s denial of a Saudi company’s discovery requests from FedEx Corp. in an arbitration proceeding under the statute (In Re:  Application to Obtain Discovery for Use in Foreign Proceedings, No. 19-5315, 6th Cir.).

  • September 19, 2019

    Kazakhstan: Error To Dismiss RICO Claims Related To $497M Arbitral Award

    WASHINGTON, D.C. — In its Sept. 9 opening brief, the Republic of Kazakhstan tells the District of Columbia Circuit U.S. Court of Appeals that a lower court erred in dismissing Racketeer Influenced and Corrupt Organizations Act claims that a $497,685,101 arbitral award was obtained through fraud based on a “litigation activities” exception that has never been adopted by the appellate court (Republic of Kazakhstan v. Anatolie Stati, et al., No. 19-7038, D.C. Cir.).