NEW YORK — After a petroleum company failed to challenge the confirmation of a $937,000 arbitral award issued in favor of a Ukraine-owned chemical plant, a New York federal magistrate judge on Feb. 12 recommended that a district court enter an order enforcing the award (State Enterprise Research-Industrial Complex ‘Pavlograd Chemical Plant’ v. Petroleum & Materials LLC, No. 2:18-cv-02510, E.D. N.Y.).
WILMINGTON, Del. — A Netherlands company on Feb. 11 sued the Bolivarian Republic of Venezuela and its subsidiaries in Delaware federal court, asking the court to declare the subsidiaries to be the alter egos of Venezuela and order them to pay more than $500 million to satisfy an arbitral award issued in its favor by the International Centre for Settlement of Investment Disputes (ICSID) (Oi European Group B.V. V. Bolivarian Republic Of Venezuela, et al., No. 1:19-cv-290, D. Del.).
MOSCOW — A Russian mining and metallurgical company on Feb. 13 said a court has ordered that a dispute over the sale of mining interests between it and a Botswana entity should be adjudicated by a London arbitral panel.
MIAMI — A Florida federal judge on Feb. 8 granted a widow’s request to stay a lawsuit filed in relation to her husband’s death on a cruise ship pending the outcome of an appeal of an arbitration award in a Philippine court, holding that the outcome of that case will determine whether the cruise line’s motion to compel another arbitration should be granted (Ben Buenaventura v. NCL [Bahamas] Ltd., et al., No. 1:18-cv-22922, S.D. Fla.).
NEWARK, N.J. — A New Jersey federal judge on Feb. 6 granted a motion to compel arbitration in an environmental contamination coverage dispute after determining that arbitration is appropriate because the dispute involves international commercial agreements and the policies at issue included a valid arbitration provision (Cornell-Dubilier Electronics, Inc. v. Allianz Versicherungs Ag, et al., No. 18-15947, D. N.J., 2019 U.S. Dist. LEXIS 19045).
WASHINGTON, D.C. — After finding that numerous factors weighed in favor of staying a company’s petition to confirm a $13,026,908 arbitral award, including the risk of duplicative litigation in the United States, a District of Columbia federal judge on Feb. 6 granted the Republic of Uzbekistan’s alternative request to stay the case pending the outcome of an appeal in Paris (Gretton Ltd. v. Republic of Uzbekistan, No. 18-1755, D. D.C., 2019 U.S. Dist. LEXIS 18990).
WASHINGTON, D.C. — A French food and other services company on Feb. 4 announced that an international tribunal has ordered Hungary to pay it $83,074,000 in an arbitration related to food voucher services (Sodexo Pass International SAS v. Hungary, No. ARB/14/20, ICSID).
WASHINGTON, D.C. — With the conclusion of a recent hearing, an English mining company on Feb. 5 said that it expects an ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) to issue a decision on its application to annul an award issued for the Republic of Indonesia in the near future (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
WASHINGTON, D.C. — An Australian corporation hired to create and operate a border control system pursuant to a concession agreement filed a petition in a District of Columbia federal court on Jan. 30 to confirm a $19,949,585 arbitral award issued in its favor and against the government of the Republic of The Maldives (Platinum Blackstone Pty. Ltd. v. The Government of the Republic of The Maldives, No. 1:19-cv-00255, D. D.C.).
VANCOUVER, Canada — A Canadian mining company on Jan. 30 said a French appeals court has partially upheld the Bolivarian Republic of Venezuela’s challenge to an arbitral award issued in its favor, annulling a $1.28 billion damages award.
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 29 released its bi-annual 2018 ICSID caseload statistics, reporting an increase in new registered cases for the year.
SAN FRANCISCO — After finding that an arbitrator ignored the terms of subcontracts for construction projects and exceeded his authority in holding that an Afghani contractor did not need to comply with the Federal Acquisition Regulation (FAR) because it was a less “sophisticated” contractor, a panel of the Ninth Circuit U.S. Court of Appeals on Jan. 28 affirmed a court’s vacatur of a $1,072,520 arbitral award (Aspic Engineering and Construction Company v. ECC Centom Constructors LLC, et al., No. 17-16510, 9th Cir., 2019 U.S. App. LEXIS 2774).
NEW YORK — Freshfields Bruckhaus Deringer on Jan. 24 said it has named a New York-based partner as the head of the firm’s U.S. International Arbitration Group.
LONDON — Global arbitration law firm Three Crowns on Jan. 16 announced that it has promoted three partners in its London, Paris and Washington, D.C., offices.
By Debra J. Hall and Robert M. Hall
By Raid Abu-Manneh and Rachael O'Grady
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 24 said that it is relocating its head office to a new location, expanding ICSID’s hearing facilities.
PARIS — The International Centre for Settlement of Investment Dispute (ICSID) on Jan. 23 published its first order in an arbitration commenced against Rwanda in which investors in mining concessions seek at least $95 million in damages (Bay View Group LLC, et al. v. Republic of Rwanda, No. ARB/18/21, ICSID).
BRUSSELS, Belgium — European Union (EU) members on Jan. 15 said in a declaration that certain members have agreed to disapply all intra-EU bilateral investment treaties based on a decision issued be the Court of Justice for the European Union (CJEU), holding that all investor-state arbitration provisions in treaties between member states conflict with EU law.
BRUSSELS, Belgium — The European Union (EU) on Jan. 18 announced that it and EU member states are working toward reform of investor-state dispute settlement (ISDS), including the formation of a multilateral investment court with full-time adjudicators, rather than appointed arbitrators.