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.  EWCA Civ. 1986).
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.).
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.).
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.).
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).
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.).
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).
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.
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).
By Steven C. Bennett
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).
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).
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.).
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).
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).
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.).
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).
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).
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.).
By Pedro Alberto Costa Braga de Oliveira