Mealey's International Arbitration
-
June 17, 2024
Insurers’ Motion To Compel Arbitration Should Have Been Granted, 5th Circuit Says
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on June 14 reversed and remanded a lower federal court’s ruling that denied insurers’ motion to compel arbitration in insureds’ breach of contract and bad faith lawsuit seeking damages for commercial property damage caused by hurricanes Laura and Delta, finding that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards applies despite the insureds’ dismissal of their claims against foreign insurers.
-
June 13, 2024
Supplement Maker Urges Tribunal To Award $2.7B For Mexican Land Expropriation
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on June 12 published a Michigan-based company’s memorial setting forth its claim for $2.7 billion in damages against the United Mexican States in which it argues that Mexico disrupted its expectations for stability by expropriating its farmland and bringing its global distribution of vitamin supplements to a halt.
-
June 12, 2024
Judge Confirms $62M Solar Panel Award In Brazilian Energy Company’s Favor
NEW YORK — A New York federal judge on June 11 granted a Brazilian energy company’s cross-petition to confirm an arbitral award worth more than $62 million it won in a breach of contract dispute against a Chinese solar panel manufacturer for failure to make preliminary payments required under the parties’ contract.
-
June 12, 2024
Split ICSID Tribunal Rejects American Mining Investor’s $900M Claim Against Peru
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on June 11 published a split tribunal’s award finding jurisdiction over the bulk of an American investor’s claims against the Republic of Peru for harming its investment in a copper mine but rejecting all of its claims for damages on the merits.
-
June 10, 2024
Russian Award-Creditor Settles RICO Claims For Alleged Asset Concealment
LOS ANGELES — A Russian award-creditor, a debtor and affiliated individuals and entities filed a joint stipulation on June 7 in California federal court notifying the court that they have settled all claims pending in the action brought by the award-creditor for violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) by allegedly conspiring to shield assets from enforcement of a London Court of International Arbitration (LCIA) award.
-
June 07, 2024
Judge Confirms $72M Award Against Chinese Company For Source Code Misappropriation
NEW YORK — A New York federal judge confirmed an arbitral award worth more than $72 million against a Chinese company that was found by an arbitrator to have misappropriated an American company’s source code and later breached a settlement agreement under which it would allow the American company to review its code for any further use of its trade secrets.
-
June 06, 2024
Judge Grants Partial Summary Judgment On RICO Claims In Russian Arbitral Feud
LOS ANGELES — A California federal judge granted in part and denied in part two defendants’ motions for summary judgment on claims against them for violating the Racketeer Influenced and Corrupt Organizations Act (RICO) by allegedly participating in a conspiracy to shield a Russian’s assets from enforcement of a London Court of International Arbitration (LCIA) award issued for a Russian real estate dispute.
-
June 06, 2024
United States Asks ICSID To Bifurcate Canadian Company’s Pipeline Claim
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on June 5 published the United States’ request for bifurcation of claims brought by a Canadian province-owned oil company’s claim against it for more than 1.5 billion Canadian dollars over the cancellation of the Keystone XL pipeline, writing that the tribunal should first address whether the company’s North American Free Trade Agreement (NAFTA) claims are time-barred.
-
June 06, 2024
Mexican Film Company Urges High Court To Review Rules Of FAA Service
WASHINGTON, D.C. — A Mexican film distributor urges the U.S. Supreme Court in a petition for a writ of certiorari to review a Ninth Circuit U.S. Court of Appeals opinion evaluating multiple questions of first impression regarding requirements for service of nonresidents under the Federal Arbitration Act (FAA), writing that it was not properly served before being ordered to pay an arbitral award worth more than $536,000.
-
June 05, 2024
Tribunal Sets Rules In Noteholders’ $219M NAFTA Claim Against Mexico
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published a tribunal’s order setting transparency and confidentiality rules for a pending arbitration brought against the United Mexican States by two American entities that hold debt securities in Mexico worth more than $219 million, payment of which they contend was improperly barred due to bias by a Mexican court.
-
June 03, 2024
Judge Rejects Venezuelan Bid To Dismiss Special Master From Pending Oil Share Auction
WILMINGTON, Del. — A Delaware federal judge on May 31 denied a motion by the Bolivarian Republic of Venezuela, its state-owned oil company and affiliated entities to disqualify an appointed special master from supervising the planned auction of Venezuela’s state-owned oil company’s assets to enforce an estimated $24 billion in judgments reflecting confirmed arbitral award and bond disputes, writing that the Venezuela parties failed to establish improper advocacy by the special master.
-
May 31, 2024
COMMENTARY: "Should I Stay Or Should I Go?”: Supreme Court Resolves FAA Circuit Split On Staying Arbitration
By Ed Mullins, James P. Duffy IV, Niyati Ahuja and Wardah A. Bari
-
May 29, 2024
COMMENTARY: U.S. Supreme Court Limits Appeals From Decisions Enforcing Arbitration Agreements
By David N. Cinotti
-
May 30, 2024
Award Terminating Subway Sandwich Shop’s Franchise Contract With Russia Confirmed
NEW YORK — A New York federal judge on May 29 confirmed an arbitral award issued after remand in favor of sandwich shop franchise operator Subway International B.V. (SIBV), holding that a franchisor that operated Subway shops in Russia cannot renew its franchise license and that the parties’ agreement was effectively terminated in 2020.
-
May 24, 2024
Colombian Oil Company Bound By VAT Payment Award, Judge Says
NEW YORK — A New York federal judge on May 24 granted a Colombian oil company’s petition to confirm in part an arbitral award resolving its dispute with an American company over a stock purchase agreement but refused the Colombian petitioner’s request to vacate the portion of the award imposing on it the burden for value-added tax (VAT) payments due from an asset exchanged in the original agreement, which it later sold to a nonparty.
-
May 24, 2024
Tribunal Dismisses Objections To Company’s $10B Claim Over Rights To Shipwreck
THE HAGUE, Netherlands — The Permanent Court of Arbitration (PCA) published a tribunal’s decision dismissing the Republic of Colombia’s objections to an American diving company’s claims against it for more than $10 billion in relation to its loss of rights to a Spanish galleon carrying treasure which sunk in 1708, finding that the company sufficiently pleaded that it is a protected investor and that its claims are within the applicable time limitations.
-
May 24, 2024
Judge Confirms Finnish Award Worth $900K For Hockey Player Contract Dispute
WHITE PLAINS, N.Y. — A New York federal judge confirmed a Finland Arbitration Institute (FAI) award worth approximately $900,000 to a hockey player agency after the award-debtor failed to appear in court and asked the agency to file an updated proposed judgment with greater detail regarding its calculation of costs.
-
May 24, 2024
COMMENTARY: Interview: JAMS Arbitrator Dr. Anton G. Maurer Discusses Past, Future Of International Dispute Resolution
Copyright © 2024, LexisNexis. All rights reserved.
-
May 20, 2024
COMMENTARY: Interview: JAMS Arbitrator Patricia H. Thompson Shares Procedural, Problem-Solving Benefits Of Arbitration
Copyright © 2024, LexisNexis. All rights reserved.
-
May 14, 2024
COMMENTARY: Comparison Of Third-Party Discovery In Domestic And International Arbitration
By Jessica Sabbath and Lisa Richman
-
May 23, 2024
Panel Affirms Summary Judgment In Solar Panel Dispute Despite Arbitration
SAN FRANCISCO — A California appellate panel affirmed a trial court’s grant of summary judgment on a breach of contract dispute despite a then-pending International Chamber of Commerce (ICC) arbitration between the parties, finding that the loan contracts before the court were separate from the solar panel supply agreement providing for ICC arbitration.
-
May 21, 2024
Tribunal Rectifies Costs And Interests Against Peru In $110.7M Award
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published a tribunal’s decision on rectification of an earlier award ordering the Republic of Peru to pay two investors more than $110.7 million, granting Peru’s requests to clarify the award as to apportionment of costs and the interest rate accruing on damages against Peru.
-
May 17, 2024
Canadian Oil Company Tells ICSID U.S. ‘Destroyed’ It By Canceling Pipeline
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on May 16 published a memorial on the merits filed by an oil company owned by the Canadian province of Alberta, which is seeking more than $1.5 billion Canadian dollars from the United States for violating the North American Free Trade Agreement (NAFTA) by canceling a pipeline project.
-
May 16, 2024
U.S. High Court: With Request, Arbitrable Dispute Must Be Stayed, Not Dismissed
WASHINGTON, D.C. — A case involving an arbitrable dispute must be stayed and not dismissed pending arbitration where a party has requested a stay, a unanimous U.S. Supreme Court ruled May 16 in a case brought by delivery drivers against the individual owners and managers of Intelliserve and related corporate entities (together, Intelliserve).
-
May 15, 2024
Chevron Asks 9th Circuit To Dismiss Saudi Heirs’ Appeal Of $268,000 Sanction
SAN FRANCISCO — Chevron Corp. and Chevron U.S.A. (collectively, Chevron) filed motions in the Ninth Circuit U.S. Court of Appeals seeking summary disposition of an attorney’s appeal of a $268,000 sanction against him and asking the court to stay deadlines pending a decision on the motion, writing that the lawyer raises no valid arguments challenging the sanctions ordered against him for filing a fake news article during an appeal over an $18 billion award.