NEW YORK — Citing “irregularities,” “fraudulent and perjurious conduct” and the “the abrupt resignation of the presiding arbitrator,” three companies in an Aug. 15 amended petition urge a New York federal court to vacate two arbitral awards issued against them by a tribunal seated in Geneva, Switzerland, in a dispute with contractual partners over the development of a nuclear medicine camera.
WASHINGTON, D.C. — The Argentine Republic argues in an Aug. 8 motion to dismiss filed in a District of Columbia federal court that an Italian company’s petition to enforce an International Centre for Settlement of Investment Disputes (ICSID) arbitral award worth more than $21 million for a water and sewage contract dispute is time-barred as ICSID proceedings ended more than seven years before the action was filed.
WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal on Aug. 9 rejected the Republic of Nicaragua’s request to redact names of various Nicaraguan officials from documents published by ICSID in an American investor’s $590 million arbitration against it for the expropriation and destruction of an avocado plantation by paramilitaries, after finding the Nicaraguan law that prohibits publishing information harmful to an individual’s “honor and reputation” inapplicable to the dispute.
WASHINGTON, D.C. — A German energy investor on Aug. 12 filed a petition in a District of Columbia federal court to enforce an International Centre for Settlement of Investment Disputes (ICSID) award worth more than 22 million euros against the Kingdom of Spain for harming its investment in Spanish wind farms after Spain repealed its economic incentives for renewable energy investors.
By Dr. Styliani Ampatzi LL.M.
By Stephanie Denker and Steven Appelbaum
HOUSTON — A Texas federal judge on Aug. 4 declined to amend judgment confirming an arbitral award for nearly $30 million in favor of a Texas company for its dispute over African oil profits with a British Virgin Islands (BVI) entity, ruling that the award is satisfied and declining to reevaluate or order arbitration on the issue of whether the BVI entity’s Chinese affiliates are its alter egos or bound by the award.
LOS ANGELES — A California federal judge on Aug. 9 denied a Delaware company’s motion for relief from a judgment ordering it to pay an arbitral award worth more than $750,000 to Swedish investors for a Bluetooth headphone technology contract dispute, disregarding the merits of its arguments under the New York Convention after finding that the company’s corporate status in the state has been suspended for failure to meet tax requirements.
SAN FRANCISCO — The U.S. subsidiary and three Mauritian shareholders of an Indian company that won an arbitral award worth more than $1.3 billion urge the Ninth Circuit U.S. Court of Appeals in an Aug. 8 appellee brief to affirm a district court’s ruling permitting them to register the judgment confirming the award in Virginia, arguing that the Indian company’s appeal of that ruling is improperly directed by a liquidator appointed by Indian courts to “avoid paying” the award.
NEW YORK — A New York federal judge on Aug. 5 denied the republic of Guatemala’s motion for default judgment confirming a $1.8 million award against an Israeli energy company for arbitration costs and legal fees, finding that Guatemala never properly served the company.
ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Aug. 5 reversed a district court’s order compelling arbitration of putative class claims for false imprisonment brought by two Filipino ex-crewmembers who allege that a cruise company “trapped” them on a ship for months after the outbreak of COVID-19, finding the crewmembers’ claims for intentional torts outside the scope of their arbitration agreement.
NEW YORK — A Second Circuit U.S. Court of Appeals panel on Aug. 5 affirmed in part and vacated in part a district court’s order allowing a Kuwaiti-French joint venture to only attach $3 million of a Lebanese bank’s assets pending a new arbitral claim against the bank for $97 million in damages, finding that the judge failed to consider whether ordering a higher attachment would have been appropriate and erred in finding the joint venture unlikely to succeed in the new arbitration.
WASHINGTON, D.C. — The government of Canada argues in a countermemorial released to the public on Aug. 2 that the International Centre for Settlement of Investment Disputes (ICSID) has no jurisdiction under the North American Free Trade Agreement (NAFTA) to hear Koch Industries Inc. (KI) and its subsidiary’s claims for more than $31 million in damages, arguing that the Koch entities’ payment under Ontario’s cap-and-trade program was “not an investment in Canada.”
GALVESTON, Texas — A Texas federal judge on Aug. 2 directed that employees of the law firm representing a $12.7 million award-creditor, which also hired the daughter of one of the arbitrators who issued the award, answer two specific questions regarding the hiring in addition to previously fulfilled discovery orders, but declined further discovery that “would send us off on a tangent that might never end.”
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Aug. 1 reversed a district court’s dismissal of a law firm’s petition to compel a California-based law firm and two of its partners to comply with a summons to appear at a hearing for an international arbitration seated in Washington D.C., with the panel ruling that venue was proper in the Northern District of California in light of the “permissive” venue provision in Section 204 of the Federal Arbitration Act (FAA).
WASHINGTON, D.C. — The U.S. Supreme Court on Aug. 1 denied a petition for rehearing filed by the heirs of Saudi Arabian sheikhs’ heirs in their ongoing fight for review of the Fifth Circuit U.S. Court of Appeals’ ruling that a Saudi oil company was immune from their petition to confirm an approximately $18 billion arbitral award, with the heirs arguing for rehearing because the petitioners include a diplomat.
HONOLULU — A Hawaii federal judge on July 28 granted a Singapore entity and California businessman’s motion for an expedited order confirming an interim arbitral award directing a Guam-based data center operator to maintain the status quo and continue allowing the plaintiffs to operate their subsea fiberoptic cable company at the center while the parties dispute more than $300,000 in invoices.
WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on July 27 denied the government of Romania’s petitions for panel and en banc rehearing of a panel’s June 24 ruling affirming a district court’s denial of Romania’s motion for relief from a $356 million judgment for an arbitral award that Romania claimed it had paid in Romanian currency, of which the court found nearly $100 million was unpaid.
NEW YORK — The state of Libya in a July 27 appellant brief urges the Second Circuit U.S. Court of Appeals to reverse the confirmation of an award worth more than $27 million against it for attempting to expropriate land on which a Cypriot company had built a factory, arguing that the arbitration agreement under a bilateral investment treaty (BIT) no longer existed after the company chose to bring the same claims in Libyan courts.
WASHINGTON, D.C. — A District of Columbia federal judge on July 25 entered a minute order granting the Republic of India’s motion to stay a German entity’s petition to confirm a Permanent Court of Arbitration (PCA) arbitral award worth nearly $136 million for damages to its investment in an Indian telecommunications company that had its contract abruptly terminated, citing India’s challenge to the award now pending in Switzerland.