MIAMI — A Florida federal judge on Nov. 26 recommended denying motions to dismiss filed by a shareholder in a wine distribution company’s service in Brazil and one of the shareholder’s related companies after determining that the company seeking to collect on a $28.7 million arbitration award adequately alleged claims in a supplemental complaint for alter ego and fraudulent transfer against the defendants (EGI-VSR, LLC v. Juan Carlos Celestino Coderch Mitjans, No. 15-20098, S.D. Fla.).
WASHINGTON, D.C. — The U.S. Supreme Court should deny review of the District of Columbia U.S. Circuit Court of Appeals’ decision to affirm the denial of a motion to dismiss a petition to confirm a $112 million arbitral award issued to a Russian entity in a dispute over shares in a Ukrainian oil company because there is no split among the circuit courts regarding waiver of immunity by foreign sovereigns, the Russian entity maintains in a Nov. 26 response brief (Ukraine v. Pao Tatneft, No. 19-606, U.S. Sup.).
WASHINGTON, D.C. — Hungary violated an agreement between the United Kingdom and Hungary by expropriating British farming professionals’ vested statutory prelease rights to Hungarian agricultural land and awarding the leases to third parties in January 2014 without compensation, an International Centre for Settlement of Investment Disputes (ICSID) tribunal ruled in an award published Nov. 13 (Magyar Farming Company Ltd., et al. v. Hungary, No. ARB/17/27, ICSID).
By David Lee and Mehreen Siddiqui
By Elizabeth Edmondson and Jacob Tracer
WASHINGTON, D.C. — The U.S. Supreme Court should accept review of an arbitration dispute between two Indian brothers who manufactured incense products to clarify whether one of the brother’s right to stay litigation under the Federal Arbitration Act (FAA) is conditioned on the right to compel arbitration, the brother argues in a Nov. 12 petition for writ of certiorari (Shrinivas Sugandhalaya LLP et al., v. Balkrishna Setty et al., No. 19-623, U.S. Sup., 2019 U.S. S. CT. BRIEFS LEXIS 6567).
WASHINGTON, D.C. — Chapter 2 of the Federal Arbitration Act (FAA) and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) prohibit courts from compelling arbitration between parties who have no agreement in writing, a steel plant operator and insurers argue in a respondent brief filed Nov. 22 in the U.S. Supreme Court (GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, et al., No. 18-1048, U.S. Sup.).
NEW ORLEANS — A seaman who was injured while working on a ship in Louisiana failed to prove that a forum-selection clause designating England as the forum to arbitrate disputes is unreasonable and unenforceable, a Louisiana federal judge said Nov. 21 in granting the insurer’s motion to compel arbitration and to stay the seaman’s negligence suit (Ronald Havard v. Offshore Specialty Fabricators LLC, No. 14-824, E.D. La., 2019 U.S. Dist. LEXIS 201884).
PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Nov. 21 denied a petition for rehearing or rehearing en banc, leaving in place a holding that a Delaware corporation is the alter ego of Bolivarian Republic of Venezuela in an international arbitration dispute (Crystallex International Corp. v. Bolivarian Republic of Venezuela, et al., Nos. 18-2797 and 18-3124, 3rd Cir.).
WASHINGTON, D.C. — The U.S. Supreme Court should review the District of Columbia U.S. Circuit Court of Appeals’ decision to affirm the denial of a motion to dismiss a petition to confirm a $112 million arbitral award issued to a Russian entity in a dispute over shares in a Ukrainian oil company because the decision is not consistent with the decisions of other circuits regarding waiver of immunity by foreign sovereigns, Ukraine says in a Nov. 8 petition for writ of certiorari (Ukraine v. Pao Tatneft, No. 19-606, U.S. Sup.).
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 18 found that it lacked jurisdiction to decide a dispute over a South African national’s interests in contractual arrangements with two Mozambican state-owned entities for the conduct of a joint fishing venture in the Republic of Mozambique and that each party is responsible to bear its share of the costs of arbitration in the total amount of $489,929.26 (Oded Besserglik v. Republic of Mozambique, No. ARB[AF]/14/2, ICSID).
WHITE PLAINS, N.Y. — A New York federal judge on Nov. 8 confirmed only $323,327.58 of an alleged $973,514.58 arbitration award to a hockey player agency because the award does not make any findings regarding any amounts owed for possible future commissions of players being represented by another hockey agency (Professional Sport Service FI OY v. Puck Agency LLC, No. 19-5904, S.D. N.Y., 2019 U.S. Dist. LEXIS 196192).
WASHINGTON, D.C. — In a Nov. 4 order, a federal judge in the District of Columbia ordered the Republic of Guatemala to pay a holding company in accordance with an arbitration award issued by the International Centre for Settlement of Investment Disputes (ICSID) in December 2013 more than $35 million for the award and interest and more than $300,000 in accordance with an April 2016 annulment award (TECO Guatemala Holdings, LLC v. Republic of Guatemala, No. 17-102, D. D.C.).
WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) ad hoc committee on Oct. 25 dismissed an application for annulment filed by Capital Financial Holdings Luxembourg S.A. (CFHL) after a divided tribunal declined jurisdiction over the company’s claim against the Republic of Cameroon alleging that its investment in a Cameroon bank was expropriated, finding that there was no showing that the tribunal exceeded its power (Capital Financial Holdings Luxembourg S.A. v. Republic of Cameroon, No. ARB/15/18, ICSID).
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Nov. 12 affirmed an order granting summary judgment to The Boeing Co. and its subsidiary on their breach of contract claim brought under the Foreign Sovereign Immunities Act (FSIA) with regard to a failed joint venture, as well as the denial of a motion to stay in favor of a Swedish arbitration (The Boeing Co., et al. v. KB Yuzhnoye, et al., No. 18-55283, 9th Cir., 2019 U.S. App. LEXIS 33696).
WASHINGTON, D.C. — Two companies from Portugal and Luxembourg on Nov. 5 asked a District of Columbia federal court to issue a default judgment against the Bolivarian Republic of Venezuela for failing to respond to their petition to confirm a $233,975,416 arbitral award issued in their favor (Tenaris S.A, et al. v. Bolivarian Republic of Venezuela, No. 18-1373, D. D.C.).
WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal on Oct. 29 refused to disqualify an Argentine Republic national from being a member of an ad-hoc committee to decide a data services provider’s application to annul an award issued in favor of the Oriental Republic of Uruguay in relation to the revocation of a license to provide wireless data services (Italba Corp. v. Oriental Republic of Uruguay, No. ARB/16/9, ICSID).
MIAMI — Del Monte International GMBH argues in a Nov. 1 reply brief to a Florida federal court that a Costa Rican entity and its officers should pay a compensatory fine of $16,373,684 for violations of an arbitration award over a pineapple seed agreement (Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte International GmbH, No. 16-24275, S.D. Fla.).
MIAMI — A federal judge in Florida on Oct. 30 issued an order administratively closing a case concerning a $14,829,243 arbitral award issued for an Australian environmental services firm after the plaintiffs notified the court that they are finalizing a settlement agreement with the defendants (Cardno International PTY, Ltd., et al. v. Carlos Diego Fernando Jácome Merino, et al., No. 17-23964, S.D. Fla.).
CHARLESTON, S.C. — A South Carolina federal judge on Oct. 22 granted a motion to compel arbitration in a builders risk insurance dispute and transferred a suit against insurers to New York federal court after determining that the insurance policy’s arbitration provision mandates that any dispute under the policy proceed to arbitration in New York (Kiawah Island Utility Inc., v. Westport Insurance Corp. et al., No. 19-1359, D. S.C., 2019 U.S. Dist. LEXIS 182220).