LOS ANGELES — A federal judge in California on Sept. 29 denied a motion by a German scrap metal recycler and its Hong Kong subsidiary to remand their lawsuit against a Chinese citizen, his family and affiliated entities to state court, ruling that the plaintiffs’ claims for alleged fraudulent transfer of more than $38 million belong in federal court because they relate to the parties’ arbitration agreements.
WASHINGTON, D.C. — A Hong Kong company in an Oct. 14 brief urges the U.S. Supreme Court to not grant a petition for a writ of certiorari challenging the applicability of Section 1782 discovery it seeks for a planned arbitration with a German automotive company’s U.S. subsidiary and two affiliated individuals for alleged fraud in contract negotiations, writing that review is not warranted as an appeal of the case is still pending.
NEW YORK — The Second Circuit U.S. Court of Appeals on Oct. 14 in a one-page order denied three Chinese mining companies’ petition for rehearing en banc of their challenge to the confirmation of a tribunal’s award rejecting the companies’ claims against Mongolia for lack of jurisdiction under a bilateral investment treaty.
BOSTON — New Balance Athletics Inc. on Oct. 13 filed notice in a Massachusetts federal court that it will appeal the court’s ruling granting an Ecuadorian businessman and his Peruvian company’s petition to vacate an approximately $3.3 million arbitration award they were ordered to pay New Balance for a contract dispute despite being nonsignatories to the underlying arbitration agreement.
MIAMI — A federal judge in Florida on Oct. 13 confirmed an arbitral award worth $40 million in favor of a Peruvian company and rejected the award-debtor’s petition to vacate based on the fact that two of its lawyers were hired by the opposing party’s law firm during the arbitration because the debtor failed to timely raise an objection to the move and failed to show that it caused any actual prejudice.
LONDON — An English justice on Oct. 8 dismissed an application by two parties involved in developing patents for hologram technology who challenged an arbitrator’s partial award finding jurisdiction over a dispute before the London Court of International Arbitration (LCIA) brought by three other parties, writing that the parties’ failure to enter mediation before arbitration did not preclude the arbitrator’s finding of jurisdiction.
ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Oct. 8 sua sponte dismissed an El Salvadoran seaman’s challenge to a district court’s order compelling arbitration of his claims for poor medical care for lack of jurisdiction, writing that the court’s order was nonfinal and unappealable.
MIAMI — The 11th Circuit U.S. Court of Appeals on Oct. 6 affirmed a district court’s order compelling arbitration in Norway of a Saudi citizen’s dispute with a yacht charter company over unfulfilled charter contracts, rejecting the Saudi’s challenge to arbitrability based on allegedly unmet conditions precedent to the relevant contracts.
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Sept. 17 granted the owner and manager of a residential development’s motion to stay the issuance of its mandate affirming a district court’s order compelling arbitration of an insurance coverage dispute against English underwriters for $5.66 million in Hurricane Harvey damage while they petition the U.S. Supreme Court for review.
WASHINGTON, D.C. — A District of Columbia federal court on Oct. 1 entered a clerk’s certificate of default against the Bolivarian Republic of Venezuela in an American oil company’s Dutch subsidiaries’ action to confirm an $8.5 billion International Centre for Settlement of Investment Disputes (ICSID) award, after the subsidiaries on Sept. 30 informed the court that ICSID lifted a stay on enforcement of the award while Venezuela’s annulment application is pending.
NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on Oct. 1 affirmed a District Court’s ruling confirming a $130,000 award for a cadet’s injuries while he was aboard a ship in 1999 and permanently enjoining him from further litigation in the United States, writing that an earlier Louisiana appellate court ruling compelling arbitration precluded the cadet from challenging the arbitrability of his claims.
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 4 refused to hear an oil company’s petition in which it contends that the Delaware Supreme Court “broke from precedent” and misapplied the Federal Arbitration Act (FAA) when it enjoined the company from pursuing a second arbitration against an energy company in the parties’ dispute over a gas terminal.
WASHINGTON, D.C. — A Washington, D.C., federal judge on Sept. 30 confirmed an International Centre for Settlement of Investment Disputes (ICSID) award worth more than 74 million euros in favor of an Austrian construction firm whose road construction contracts with the state of Libya were disrupted and its investments damaged during the 2011 Libyan civil war.
BOSTON — A Massachusetts federal judge on Sept. 27 granted an Ecuadorian businessman and his Peruvian company’s petition to vacate an approximately $3.3 million arbitration award they were ordered to pay New Balance Athletics Inc. for a contract dispute, finding that New Balance failed to establish why the petitioners as nonsignatories to the arbitration agreement should be bound by the award.
CINCINNATI — A Chinese CEO and his medical device company on Sept. 24 petitioned the Sixth Circuit U.S. Court of Appeals for rehearing en banc of their bid to stay an Ohio company’s trade secrets claims against them pending arbitration in China with the CEO’s other company, writing that the panel misapplied the test for equitable estoppel in arbitration contracts.
WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) annulment committee on Sept. 22 denied the Republic of Colombia’s application to annul an award against it worth more than $20 million for harming two mining entities’ investments, finding that Colombia failed to establish that the tribunal erred by excluding evidence it obtained from the companies’ email servers during an unrelated investigation.
WASHINGTON, D.C. — A Canadian gold mining company and the Bolivarian Republic of Venezuela on Sept. 20 entered a one-page stipulation in the District of Columbia Circuit U.S. Court of Appeals agreeing to the dismissal of Venezuela’s appeal challenging the confirmation of an arbitral award worth approximately $1.58 billion against it after a French appellate court reinstated the award.
LUXEMBOURG CITY, Luxembourg — The European Court of Justice issued a ruling on Sept. 2 holding that arbitration between European Union (EU) member-states is impermissible under the Energy Charter Treaty (ECT) and ruled that a Ukrainian energy company’s claim in a British Virgin Islands company’s contract with the Republic of Moldova does not constitute a protected investment.
WASHINGTON, D.C. — An Italian company on Sept. 20 filed an action to enforce an International Centre for Settlement of Investment Disputes (ICSID) arbitral award worth more than $21 million that was issued against the Argentine Republic for failing to provide fair and equal treatment to the company’s investment in a water and sewage service concession contract.
MIAMI — A Florida federal judge on Sept. 15 entered final judgment enforcing an arbitral award worth more than $1.2 million in favor of the government of the Cook Islands for costs incurred defending an arbitration claim brought by an American who claimed that the government illegally rejected his applications to open a medical school on the islands and also denied the Cook Islands’ motion to change venue to Alabama, where the former claimant now resides.