Mealey's International Arbitration

  • July 06, 2020

    Reinsurer Seeks To Vacate $524M Arbitration Award Issued In Favor Of Insurer

    NEW YORK — A Bermuda reinsurer filed a cross-motion with a New York federal court on July 2 seeking to vacate a $524,009,051.26 arbitration award issued in favor of a Puerto Rico life insurer in their dispute over alleged improper asset divestments for a reinsurance trust (PB Life and Annuity Co. Ltd. v. Universal Life Insurance Co., No. 20-2284, S.D. N.Y.).

  • June 30, 2020

    Mexico Did Not Expropriate U.S. Investor’s Telecom Revenue, ICSID Finds

    WASHINGTON, D.C. — An International Center for Settlement of Investment Disputes (ICSID) tribunal in an award issued June 5 and published June 17 ordered a U.S. investor to pay the United Mexican States more than $2 million in arbitration-related costs after it denied his claims that Mexico had violated the North American Free Trade Agreement (NAFTA) by expropriating his investment in a Mexican telecommunications company as the tribunal found he never had rights to the revenues he claimed had been expropriated (Joshua Dean Nelson v. United Mexican States, No. UNCT/17/1, ICSID).

  • June 29, 2020

    Judge Adds $300,000 In Fees And Interest To $3M Award In Mining Company Dispute

    NEW YORK — A federal judge in New York on June 24 issued an amended judgment adding $300,000 in prejudgment interest and attorney fees, bringing a previously confirmed arbitral award to nearly $3.3 million in favor of an investment banking firm for its dispute over a bond offering contract with a Canadian mining company that did not appear in the proceedings (Seaport Global Holdings LLC v. Petaquilla Minerals Ltd., No. 19-9347, S.D. N.Y.).

  • June 29, 2020

    Judge Narrows Subpoena For Egyptian Financial Records To Enforce $2B Award

    NEW YORK — A federal judge in New York on June 23 partly granted a motion challenging a Spanish company’s subpoenas for financial records to enforce an arbitral award of more than $2 billion against the Arab Republic of Egypt in a gas plant dispute by narrowing the subpoena for records that the judge found was overbroad and quashing the subpoena for in-person testimony (In Re:  Petition of Union Fenosa Gas, S.A, No. 20-171, S.D. N.Y., 2020 U.S. Dist. LEXIS 110312).

  • June 23, 2020

    Judge Confirms Award Against Venezuela, Alters Interest Rate, Denies Attorney Fees

    WASHINGTON, D.C. — A District of Columbia federal judge on June 17 confirmed an approximately $250 million award in favor of two companies from Portugal and Luxembourg for the expropriation of their steel production investments by the Bolivarian Republic of Venezuela but altered the tribunal’s original post-award interest rate as the judge found that the statutory rate for post-judgment interest is mandatory unless a different post-judgment rate is explicitly set (Tenaris S.A, et al. v. Bolivarian Republic of Venezuela, No. 18-1371, D. D.C., 2020 U.S. Dist. LEXIS 106397).

  • June 19, 2020

    Parties In Dispute Over Venezuelan Oil Shares Debate Sale To Satisfy $1.4B Award

    WILMINGTON, Del. — With the stay recently lifted on a Canadian gold producer’s writ of attachment against the Bolivarian Republic of Venezuela for a $1.4 billion arbitral award, parties and nonparties on June 17 filed motions and briefs regarding the potential sale of shares that the gold producer says should be ordered promptly while Venezuela and connected entities, including CITGO Petroleum Corp., argue that Delaware state law weighs against selling the assets now due to a global slump in oil prices (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 17-151, D. Del.).

  • June 22, 2020

    Judge Finds Tribunal’s Order To Pay Award From Brazilian Escrow Account Was Proper

    HOUSTON — A Texas federal judge on May 29 confirmed an approximately 5.8 million Brazilian real arbitral award for profits lost in a transfer agreement despite a challenge to the tribunal’s order that payment be made from an escrow account because the judge found that the parties had already “vigorously litigated” the escrow agreement before the tribunal issued its award (Valerus Field Solutions v. Enerflex Energia, No. 19-2430, S.D. Texas).

  • June 22, 2020

    Judge Garnishes Fertilizer Company’s Lithuanian Assets For $7.3M Arbitral Award

    WICHITA, Kan. — A federal judge in Kansas on June 10 ordered garnishment of assets currently held by two companies in Lithuania to satisfy a previously confirmed $7.3 million arbitral award in favor of a Singapore-based company that had told the judge that the assets may be moved or transferred to avoid payment of the award (Dreymoor Fertilizers Overseas PTE Ltd. v. AVAgro, LLC, et al., No. 20-105, D. Kan.).

  • June 19, 2020

    Saudi Arabian Sheiks’ Heirs Say Supreme Court Decision Supports Bid For $18B Award

    SAN FRANCISCO — The heirs of two Saudi Arabian sheiks argue in a June 8 reply brief to the Ninth Circuit U.S. Court of Appeals that a recent U.S. Supreme Court decision in GE Energy “effectively overrules” the district court opinion dismissing their petition to confirm an $18 billion arbitral award against Chevron Corp. in a dispute over Saudi oil fields and, therefore, justifies reversal because the high court in part found that nonsignatories to arbitration clauses can pursue arbitration (Waleed Al-Qarqani, et al. v. Chevron Corporation, et al., No. 19-17074, 9th Cir.).

  • June 19, 2020

    Maritime Businesses Seek To Confirm Award For Employee, Enjoin Further Litigation

    NEW ORLEANS — A group of maritime businesses on May 26 filed a complaint in a Louisiana federal court seeking to confirm an arbitral award against themselves issued after nearly 20 years of litigation in the United States and India with a former employee who was injured in 1999 aboard their vessel and also ask the court to permanently enjoin the employee from further litigation against them in the United States (Neptune Shipmanagement Services [PTE], Ltd., et al. v. Vinod Kumar Dahiya, No. 20-1525, E.D. La.).

  • June 18, 2020

    Judge Confirms Award But Declines To Enjoin Parallel Action In Austria

    NEW YORK — A New York federal judge on June 16 granted a petition to confirm an arbitral award of $192,304.39 in favor of a U.S. shipping company against an Austrian company for a contractual dispute but, citing international comity concerns, declined the U.S. company’s request to enjoin enforcement of a 250,000 euro judgment against it in a parallel litigation brought by the Austrian company in an Austrian court (Ocean World Lines v. Transocean Shipping Transportagentur Gesmbh, No. 19-43, S.D. N.Y., 2020 U.S. Dist. LEXIS 104841).

  • June 17, 2020

    Tomato Grower’s Petition To Confirm Arbitral Award Consolidated With Earlier Suit

    SACRAMENTO, Calif. — A federal magistrate judge in the U.S. District Court for the Eastern District of California on June 15 consolidated a tomato grower’s recently filed petition to confirm an arbitral award against a tomato merchant for a contractual dispute with a suit previously filed by the merchant against the grower in the same district (Mastronardi International Ltd. v. SunSelect Produce [California], Inc., No. 18-737, E.D. Calif.).

  • June 16, 2020

    Dispute Over Arbitrability, Injunction Carveout Heading Back To High Court

    WASHINGTON, D.C. — In its June 15 order list the U.S. Supreme Court announced that it will hear, for a second time, a dispute between two distributors of dental equipment that poses the question of whether an exemption in an arbitration agreement for certain claims negates what a petitioner describes as “an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator” (Henry Schein Inc. v. Archer and White Sales Inc., No. 19-963, U.S. Sup.).

  • June 12, 2020

    On Remand From 4th Circuit, Judge Denies Stay Of Discovery For Private U.K. Tribunal

    CHARLESTON, S.C. — A South Carolina federal judge on June 8 denied a motion to stay discovery for use before a private arbitral tribunal that is hearing an aircraft engine fire dispute, despite one party planning to file a petition for a writ of certiorari on the issue, because the Fourth Circuit U.S. Court of Appeals’ reversal of the judge’s prior ruling serves as an implicit mandate that requires the court to deny the stay (In re:  Servotronics Inc., No. 18-364, D. S.C., 2020 U.S. Dist. LEXIS 99991).

  • June 12, 2020

    4th Circuit Finds U.S. Businessmen Assented To Chinese Arbitration Provision

    RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel on June 8 affirmed a district court’s rulings granting a motion to compel arbitration and confirming an arbitration award of approximately $306,832 against two U.S. businessmen in a dispute with a Chinese manufacturer after finding their arguments that they had not assented to the arbitration provision unsupported by the record (Denver Global Products, Inc. v. Roger Leon, et al. v. Rato North America, Inc., et al., No. 18-1853, 4th Cir., 2020 U.S. App. LEXIS 17955).

  • June 11, 2020

    Judge Orders Aerospace Company To Answer Subpoenas In Kazakhstan Arbitral Dispute

    WASHINGTON, D.C. — A federal magistrate judge in the District of Columbia on June 5 granted a motion to compel a U.S. aerospace company to comply with subpoenas regarding its involvement with a Kazakh company in the latest effort by the former owners of Kazakh oil companies to enforce a previously confirmed arbitral award of $506 million issued against the Republic of Kazakhstan (Anatolie Stati, et al. v. Republic of Kazakhstan, No. 14-1638, D. D.C.).

  • June 11, 2020

    Judge Confirms $3M Arbitral Award In Mining Company Dispute, Denies Attorney Fees

    NEW YORK — A federal judge in New York on May 27 confirmed an arbitral award of $2,972,833.31 in favor of an investment banking firm related to its dispute with a Canadian mining company that did not appear in the proceedings and denied the firm’s requests for attorney fees and prejudgment interest as unsupported by the record (Seaport Global Holdings LLC v. Petaquilla Minerals Ltd., No. 19-9347, S.D. N.Y., 2020 U.S. Dist. LEXIS 92270).

  • June 11, 2020

    Insurers Did Not Waive Right To Remove Claims To Federal Court, Judge Finds

    CORPUS CHRISTI, Texas — A federal judge in Texas on June 2 denied a Texas county’s motion to remand its lawsuit against its insurers over payments for Hurricane Harvey damages after finding that the insurance policy contained an arbitration provision under the New York Convention and that language in the policy explicitly preserved the insurers’ rights of removal to federal court (Nueces County, Texas v. Certain Underwriters at Lloyd's of London, et al., No. 20-065, S.D. Texas, 2020 U.S. Dist. LEXIS 96577).

  • June 10, 2020

    Judge Stays Enforcement Of $2B Arbitral Award Against Egypt Pending ICSID Appeal

    WASHINGTON, D.C — A federal judge in the District of Columbia on June 4 stayed a Spanish gas company’s petition to enforce a $2 billion arbitral award against the Arab Republic of Egypt due to Egypt’s pending application to annul the award and its existing economic woes that have been aggravated by the outbreak of the novel coronavirus (Unión Fenosa Gas, S.A. v. Arab Republic Of Egypt, No. 18-2395, D. D.C., 2020 U.S. Dist. LEXIS 98645).

  • June 10, 2020

    $138M Judgment Entered Against Venezuelan Defense Ministry In Shipbuilding Dispute

    GULFPORT, Miss. — A federal judge in Mississippi on June 4 granted a shipbuilder’s motion for entry of final judgment of a nearly $138 million arbitral award against the Ministry of Defense of the Bolivarian Republic of Venezuela for a frigate refurbishment dispute and held that while the ministry should be credited for $15 million it said was previously paid to the shipbuilder on its behalf, the full final judgment must still be entered separately (Northrop Grumman Ship Systems Inc., et al. v. Ministry of Defense of the Bolivarian Republic of Venezuela, No. 02-785, S.D. Miss., 2020 U.S. Dist. LEXIS 98235).