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

Mealey's International Arbitration

February 08, 2023
Confirmation Of $8.7M Award In Mexican Film Rights Row Appealed To 9th Circuit

SAN FRANCISCO — A Mexican film producer’s son and his companies have appealed to the Ninth Circuit U.S. Court of Appeals a district court’s confirmation of an $8.7 million arbitral award in favor of his father’s estate, companies and other children, which was allegedly issued by a tribunal that found jurisdiction based on forged evidence.
February 08, 2023
Bolivian Entity Says 10th Circuit Need Not Rehear Challenge To $36M Award

DENVER — A Bolivian award-creditor in a brief opposing two Mexican companies’ petition to the 10th Circuit U.S. Court of Appeals for rehearing of their challenge to an arbitral award that was affirmed by a split panel argues that the trial court properly considered “finality” as a public policy issue and that the award’s confirmation does not create a circuit split or present an issue of public importance.
February 08, 2023
Judge Directs Parties To Propose Order Confirming $500M Awards Against Djibouti

WASHINGTON, D.C. — A District of Columbia federal judge on Feb. 7 ordered the Republic of Djibouti and a Djibouti-based joint venture (JV) to submit a proposed order within one week adhering to his recent oral order granting the JV’s petition to confirm two London Court of International Arbitration (LCIA) awards worth more than $500 million against Djibouti for harming the JV’s investment in a container ship terminal.
February 07, 2023
Tribunal Says EC May Intervene In Wind Energy Investors’ Claim Against Germany

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Feb. 6 published a tribunal’s order granting in part the European Commission’s (EC) application to intervene in an arbitral claim brought by Irish and German wind energy investors against the Federal Republic of Germany, writing that the EC may file a memorial regarding the arbitration of intra-EU disputes but not appear at an arbitration hearing.
February 06, 2023
COMMENTARY: Evolution Of Caselaw On Arbitration Of Statutory Claims

By Robert M. Hall
February 03, 2023
ICSID Tribunal Denies Investor’s Request For Interim Measures Against Mexico

WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal in an order published Feb. 2 refused three Texas-based oil companies’ request that it enjoin the United Mexican States from actions regarding a contract disputed in the $200 million North American Free Trade Agreement (NAFTA) arbitration that the companies say would affect the tribunal’s jurisdiction after finding the companies failed to allege a risk of irreparable harm.
February 02, 2023
Hungarian Gas Company Asks Judge To Enforce $236M Award Against Croatia

WASHINGTON, D.C. — A Hungarian gas company filed a petition in a District of Columbia federal court seeking enforcement of an International Centre for Settlement of Investment Disputes (ICSID) arbitration award in its favor worth more than $236 million against the Republic of Croatia for impairing its investments into the Croatian gas market.
February 01, 2023
Guatemala, U.S. Investor Settle Dispute Over $37M Award, ICSID Says

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 31 published an ad hoc committee’s order taking note of the discontinuance of the Republic of Guatemala’s application to annul an arbitral award worth more than $37 million in favor of a U.S. electricity provider that claimed that Guatemala impaired its investment by imposing new distribution tariffs.
January 27, 2023
Judge Won’t Dismiss Chinese Company’s Action To Enforce $70M Award Against Nigeria

WASHINGTON, D.C. — A District of Columbia federal judge on Jan. 26 denied the Federal Republic of Nigeria’s motion to dismiss a Chinese company’s action to confirm an arbitral award worth nearly $70 million for Nigeria’s expropriation of its investment in building business infrastructure in a designated “free-trade zone,” which the company owned in part.
January 26, 2023
10th Circuit Orders Response To Petition For Rehearing In $36 Million Award Row

DENVER — A 10th Circuit U.S. Court of Appeals panel on Jan. 25 ordered a Bolivian award-creditor to respond to two Mexican companies’ petition for rehearing of their challenge to a federal judge’s refusal to vacate judgment confirming an arbitral award against them after its vacatur by Bolivia’s highest court, which the split panel affirmed on Jan. 10.
January 26, 2023
Venezuelan Ore Producer’s Challenge To $12.6M Award Distributed By High Court

WASHINGTON, D.C. — The U.S. Supreme Court has distributed for conference a petition for a writ of certiorari filed by a Venezuelan state-owned ore producer seeking review of the confirmation of a $12.6 million arbitral award against it, arguing that it was not properly served and that the award violates public policy.
January 23, 2023
Exploration Company Says Mexican Litigation Doesn’t Moot $2.3B Arbitral Claim

WASHINGTON, D.C. — An American mineral exploration company seeking more than $2.3 billion in damages for the denial of its bid to develop an underwater phosphate deposit argues in a post-hearing brief to an arbitral tribunal that its pending challenge to the denial in a Mexican court does not affect its claim for breaches of the North American Free Trade Agreement (NAFTA), while Mexico says the arbitration is an attempt to “second-guess” the government’s decision.
January 23, 2023
Guatemalan Bank Wins Award’s Confirmation After Panamanian Party Fails To Respond

MIAMI — A Florida federal judge confirmed an arbitral award in which a Panamanian entity’s claims for $400 million in damages from a Guatemalan bank over a share dividends dispute were dismissed and no damages were awarded, with the judge finding the Panamanian entity had failed to oppose the Guatemalan bank’s petition.
January 23, 2023
Romania Again Challenges Confirmation Of Award Deemed Unenforceable By EU Court

WASHINGTON, D.C. — The government of Romania filed notice of its fourth appeal to the D.C. Circuit U.S Court of Appeals after a federal judge denied its motion for relief from three judgments ordering it to pay a confirmed arbitral award worth more than $350 million plus $1.5 million in sanctions despite a ruling by the European Union’s highest court prohibiting payment of the award in favor of Swedish investors.
January 20, 2023
Tribunal Bars New Evidence In Spanish Energy Investor’s Dispute Against Argentina

WASHINGTON, D.C. — An International Centre for Settlement of Investment Disputes (ICSID) tribunal on Jan. 19 denied the Argentine Republic’s request to admit new evidence regarding the financial performance of the entity in which a Spanish claimant had invested and rejected Argentina’s request that the tribunal bar the claimants’ new exhibits submitted in response to an arbitrator’s questions about the authenticity of its evidence.
January 20, 2023
2nd Circuit Affirms Refusal To Vacate Amended Award In Chinese Generator Dispute

NEW YORK — A Second Circuit U.S. Court of Appeals panel affirmed a district court’s refusal to vacate an arbitrator’s amended award against an American company for a dispute over the sale of generators manufactured in China, finding that the district court did not err by remanding the award for the arbitrator to issue a “reasoned award” and later finding the amended award enforceable.
January 20, 2023
United States Asks Tribunal To Bifurcate Canadian Pipeline Companies’ $15B Claim

WASHINGTON, D.C. — The United States recently requested that an International Centre for Settlement of Investment Disputes (ICSID) tribunal bifurcate the arbitration brought against it by two Canadian entities for terminating their pipeline licenses, arguing that the tribunal should first address whether the entities can claim breaches of the North American Free Trade Agreement (NAFTA) for a dispute that arose six months after NAFTA was terminated.
January 19, 2023
ICSID Tribunal Bars New INTERPOL Evidence From Oil Dispute Against Mexico

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) recently published a tribunal’s order declining as time-barred a request by U.S. oil investors to admit as evidence INTERPOL’s latest decision on a red notice application filed by the United Mexican States, which the investors claim has filed false warrants against them in retaliation for bringing a $700 million North American Free Trade Agreement (NAFTA) claim.
January 19, 2023
ICSID Disqualifies Arbitrator For Concurrent Service As United States Adviser

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 18 published a decision by the chair of its Administrative Council disqualifying the United States’ appointed arbitrator from hearing an arbitral dispute over three Ukrainian-owned entities in a dispute over the civil seizure of their real estate investments, writing that the arbitrator’s separate appointment to advise the United States on homeland security created the appearance of a lack of impartiality.
January 19, 2023
ICSID Releases Split Tribunal’s Award Against Peru For Devaluing Land Bonds

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 18 published a split tribunal’s award of more than $100 million with interest in favor of two U.S. investment entities, in which the majority agreed that the Republic of Peru arbitrarily devalued the entities’ land bonds but awarded only 5% of the damages sought, while a dissenting arbitrator called the claims an “abuse of process."
January 19, 2023
Judge Compels Arbitration With 1 Reinsurer, Dismisses Those Claims But Stays Others

SEATTLE — Adopting a report and recommendation (R&R) in a declaratory judgment suit over reimbursement for defense and settlement of sexual abuse suits, a Washington state federal judge compelled arbitration and dismissed all claims against a foreign reinsurer, staying the proceeding as to the claims against another reinsurer.
January 17, 2023
Judge: Alter Egos May Be Liable For $48M Award In Brazilian Pig Iron Dispute

NEW YORK — A New York federal judge on Jan. 13 denied summary judgment on five Brazilian entities’ claim for enforcement of an International Chamber of Commerce (ICC) arbitral award worth more than $48 million against several companies tied to the liquidated Swiss award-debtor, finding based on the record that a reasonable jury could conclude they are alter egos of the award-debtor.
January 17, 2023
ICSID Committee Discontinues Pakistan Dispute With Mining Company

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) recently published an ad hoc committee’s order discontinuing the Islamic Republic of Pakistan’s application to annual an arbitral award against it worth more than $11 billion several months after it and an Australian mining joint-venture settled their dispute over the rights to exploit a copper-gold deposit.
January 17, 2023
High Court Will Address Russian’s RICO Standing In $92M Arbitral Award Row

WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 13 granted petitions for writs of certiorari filed by a Russian award-debtor residing in California and a Monaco bank, who sought high court review of a circuit split over foreign plaintiffs’ standing to bring Racketeer Influenced and Corrupt Organizations Act (RICO) claims for harm to “intangible property” after the Ninth Circuit U.S. Court of Appeals approved a Russian citizen’s RICO suit against them for evading enforcement of a $92 million arbitral award.
January 13, 2023
Judge Partly Vacates Award Holding Nonsignatories Liable For Pre-Award Interest

HOUSTON — A Texas federal judge on Jan. 12 vacated the portion of a nearly $30 million arbitral award holding nonsignatory Chinese, British Virgin Islands (BVI) and Bermuda entities liable for more than $21 million in pre-award interest under an award that was previously confirmed in favor of a Texas company against a BVI entity but declined to vacate the portion of the award against the nonsignatories for attorney fees and arbitration costs.