Mealey's International Arbitration : Mealey's : Legal News & Analysis

Mealey's International Arbitration

February 27, 2024
English Judge Continues Injunction In Reinsurer’s Misrepresentation Row

LONDON — Ruling against a reinsurer on a question of contractual construction that involves a hierarchy or “confusion” clause, a judge of the High Court of England and Wales allowed an anti-suit injunction (ASI) to continue until a certain determination is made.
February 26, 2024
Retaliation Claims Against Panama Rejected By ICSID In Newly Published Award

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Feb. 23 published an arbitral award finding jurisdiction but dismissing all claims brought against the Republic of Panama by a U.S. contractor and his Puerto Rico company, which were ordered to pay Panama $4.8 million after the tribunal rejected claims that the Panamanian president launched a state campaign of retaliation to terminate their contracts.
February 26, 2024
High Court Distributes Challenge To $392M Award After Parties Announce Settlement

WASHINGTON, D.C. — The U.S. Supreme Court distributed a U.S. oil company’s petition for a writ of certiorari challenging the affirmance of an award against it worth more than $392 million in favor of an oil investor owned by a Chinese company issued in relation to a $1 billion Ecuadorian oil dispute involving the parties, shortly after the parties jointly moved to defer consideration citing a settlement of their dispute.
February 15, 2024
COMMENTARY: Vienna Perspective – 2024

By Veit Öhlberger and Nicol Schneider
February 23, 2024
Split Committee Annuls Dismissal Of Kuwaiti Investor’s Claim Against Iraq

WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) ad hoc committee granted in part a Kuwaiti company’s application to annul an award dismissing its claim against the Republic of Iraq for harming its investment in a telecommunications company, finding that the tribunal exceeded its powers and failed to state its reasons for dismissing the investor’s claim that a regulatory order liquidating an investment agreement was improperly implemented.
February 23, 2024
Plantation Owners Seek More Time To Answer Zimbabwe’s Challenge To $264M Award

WASHINGTON, D.C. — Swiss and German owners of Zimbabwean plantations filed an unopposed motion on Feb. 22 in the District of Columbia Circuit U.S. Courts of Appeals for an extension of time to file their brief responding to the Republic of Zimbabwe’s appeal challenging the denial of its motions to dismiss two petitions to confirm arbitral awards worth $264 million in favor of the owners and their plantation companies.
February 23, 2024
Mexican Filmmaker’s Estate Urges 9th Circuit To Reject Son’s Appeal Of $8.7M Award

SAN FRANCISCO — A Mexican film producer’s estate, companies and children say in an appellee brief to the Ninth Circuit U.S. Court of Appeals that the court should disregard arguments raised by the producer’s son and his companies challenging an $8.7 million arbitral award against them, writing that the trial court correctly found that they untimely challenged the tribunal’s jurisdiction based on allegedly forged evidence.
February 23, 2024
Judge Stays Petition After Ecuador, Texas Refinery Settle $6M Award Row

HOUSTON — A Texas federal judge on Feb. 22 granted a joint motion to stay after a Texas company and the Republic of Ecuador filed a joint motion stating that they have reached a settlement resolving Ecuador’s petition to confirm a Permanent Court of Arbitration (PCA) tribunal’s award against the Texas company for more than $6 million in attorney fees awarded after a contract dispute and are now preparing to “effectuate the settlement.”
February 22, 2024
Company Seeks To Enforce Award Worth More Than 5.1M Euros Against Niger

WASHINGTON, D.C. — A Luxembourg investor filed a petition in District of Columbia federal court seeking to enforce an International Centre for Settlement of Investment Disputes (ICSID) award of more than 5.1 million euros and $387,000 issued more than 10 years ago against the Republic of Niger for harming its investment in operating a Nigerien airport.
February 22, 2024
10th Circuit Rejects Liberian Company’s Alter Ego Claim To Enforce Maritime Award

DENVER — A 10th Circuit U.S. Court of Appeals panel on Feb. 21 affirmed a district court’s rejection of claims by a Liberian tanker-owner for alter ego liability against the only member of a shipping company that has not yet paid an arbitral award worth more than $2 million for a dispute over its failure in 2012 to ship oil from Venezuela.
February 21, 2024
ICSID Publishes $5M Award Against Turkey For Canceling Uranium Mining Licenses

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published a mixed award issued in a since-settled dispute brought by an American mining company against the Republic of Türkiye, in which the tribunal found that Turkey breached a bilateral investment treaty (BIT) by canceling the company’s licenses but rejected the company’s claims for $30.5 million in damages because its mining project would never have become profitable.
February 21, 2024
Panama Canal Operator Urges High Court To Reject Arbitrator Partiality Claims

WASHINGTON, D.C. — The Republic of Panama-owned instrumentality that operates the Panama Canal in a Feb. 20 brief urges the U.S. Supreme Court to deny a petition for a writ of certiorari filed by construction firms that say a $283 million award against them was tainted by the arbitrators’ nondisclosures of various professional ties, writing that any circuit split over the issue is “academic.”
February 20, 2024
Investors’ $1.4B Euro ICSID Claim Ended After German Court Bars Intra-EU Claims

WASHINGTON, D.C. — Two coal investors, one German and one Dutch, and the Kingdom of the Netherlands discontinued an arbitration brought by the investors for 1.4 billion euros in damages based on a ban of coal-powered energy plants after the highest court in Germany declared the investors’ arbitration claims impermissible under European Union law, an International Centre for Settlement of Investment Disputes (ICSID) tribunal found in an order taking note of the arbitration’s discontinuance.
February 20, 2024
9th Circuit Urged Not To Stay Mandate Pending Petition For Cert In $1.3B Award Row

SAN FRANCISCO — An Indian state-owned company filed a brief in the Ninth Circuit U.S. Court of Appeals opposing a motion by intervenors to stay the issuance of a mandate reversing the confirmation of an arbitral award worth more than $1.3 billion against it while the intervenors seek review before the U.S. Supreme Court, writing that the high court is unlikely to grant certiorari on the issue of the Ninth Circuit’s precedent requiring minimum contacts analysis under the Foreign Sovereign Immunities Act (FSIA).
February 20, 2024
Slovak Republic Tells ICSID U.S. Driller Broke Local Law, Harmed Own Investment

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Feb. 19 published the Slovak Republic’s rejoinder to a U.S. oil company’s arguments accusing Slovakia of causing its investment more than $568.2 million in damages, in which the nation asserts that the company caused its own misfortunes, not government regulatory agencies.
February 20, 2024
Canada Asks ICSID Tribunal To Bifurcate Natural Gas Investor’s $1B NAFTA Claim

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) has published Canada’s request for bifurcation and a U.S. liquid natural gas (LNG) investor’s memorial on jurisdiction and the merits in support of its claim that the government of Canada breached the North American Free Trade Agreement (NAFTA) and caused it more than $1 billion in damages by rejecting its proposal to construct a liquefied natural gas (LNG) facility in Québec.
February 13, 2024
Judge Says Zimbabwe Is Alter Ego Of State Mining Company In $50M Award Row

WASHINGTON, D.C. — A District of Columbia federal judge denied a motion to dismiss two Mauritian mining investors’ amended complaint seeking to enforce a judgment recognizing an arbitral award worth more than $50 million against the Republic of Zimbabwe and its state-owned mining company after finding that the two are alter egos.
February 13, 2024
3rd Circuit Affirms Refusal To Compel Arbitration Of Coal Contract Dispute

PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel affirmed a federal judge’s refusal to lift a preliminary injunction and compel arbitration as was sought by a group of Indian and Singaporean entities who claimed to have entered into a contract with a Pennsylvania coal company, finding that the parties were not shown to have entered into a binding arbitration agreement.
February 08, 2024
High Court Urged Not To Review Alleged Arbitrator Bias In Oil Award Dispute

WASHINGTON, D.C. — An oil investor owned by a Chinese company urges the U.S. Supreme Court in an opposition brief not to grant a U.S. oil company’s petition for a writ of certiorari challenging the affirmance of an award against it worth more than $392 million in relation to a $1 billion Ecuadorian oil dispute between the parties, denying that there is a circuit split over how to evaluate arbitrator bias claims.
February 08, 2024
Split En Banc 9th Circuit Won’t Review Jurisdiction In $1.3B Indian Award Row

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Feb. 6 by majority denied a petition for rehearing en banc of a panel’s ruling reversing the confirmation of an arbitral award worth more than $1.3 billion against an Indian state-owned company, which the panel also refused to rehear, while several judges joined in a dissent stating that the court should correct its precedent on the Foreign Sovereign Immunities Act (FSIA).
February 07, 2024
2nd Circuit Affirms Award Ordering Sale Of Latin American Telecommunications Company

NEW YORK — The Second Circuit U.S. Court of Appeals on Feb. 6 issued a summary order affirming an International Centre for Dispute Resolution (ICDR) award ordering the sale of a Latin American company that builds and maintains telecommunications infrastructure, rejecting the majority shareholders’ arguments that the arbitrators manifestly disregarded the law.
February 07, 2024
Mexican Company Was Properly Served In $536,000 Film Dispute Case, 9th Circuit Says

SAN FRANCISCO — Addressing question of first impression regarding requirements for service of nonresidents under the Federal Arbitration Act (FAA), a Ninth Circuit U.S. Court of Appeals panel held that a Mexican company was properly served and affirmed the confirmation of an arbitral award against it worth more than $536,000 in damages, attorney fees and costs for a film distribution dispute but based on different reasoning than the district court.
February 05, 2024
U.S. Largely Sides With Spain On Intra-EU Arbitration In Brief To D.C. Circuit

WASHINGTON, D.C. — Without weighing in on the merits of three pending appeals, the United States in a Feb. 2 amicus curiae brief to the District of Columbia Circuit U.S. Court of Appeals echoed several arguments the Kingdom of Spain has made challenging a district court’s jurisdiction over petitions to confirm arbitral awards against it worth more than 358 million euros, calling the court’s anti-suit injunctions against Spain “a significant affront to a foreign state in contravention of principles of international comity.”
January 31, 2024
D.C. Circuit Confirms Award In Iraqi Port Construction Dispute Worth Nearly $120M

WASHINGTON, D.C. — A federal judge in the District of Columbia on Jan. 30 confirmed an International Chamber of Commerce (ICC) arbitral award worth nearly $120 million in favor of a Cypriot construction company against the Republic of Iraq and two government entities after the Iraqi entities failed to respond to the suit, finding no reason not to confirm the award.
January 31, 2024
Bermuda Entities Spar In 2nd Circuit Over Bid To Revive Arbitrator Bias Row

NEW YORK — Arguing in part that “[s]ubject matter jurisdiction could not be clearer,” a Bermuda-based reinsurer urged the Second Circuit U.S. Court of Appeals to reject a bid to revive a case involving an arbitrator and two reinsurance contracts with a Bermuda-based insurer.