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

Mealey's International Arbitration

September 18, 2024
ICSID Tribunal Partly Bifurcates Malaysian Entity’s Claims Against Bahrain

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published a decision granting in part and denying in part the Kingdom of Bahrain’s request to bifurcate proceedings in a Malaysian entity’s claim against it for allegedly breaching a bilateral investment treaty (BIT) through actions affecting two banks with which the entity had deposited more than 248 million euros.
September 17, 2024
Airport Investor Seeks $6.6M Default Judgment For Airport Award Against Niger

WASHINGTON, D.C. — A Luxembourg investor filed a motion for a default judgment in District of Columbia federal court confirming a decade-old International Centre for Settlement of Investment Disputes (ICSID) award worth more than 5.1 million euros against the Republic of Niger for harming its investment in operating a Nigerien airport, after Niger failed to appear.
September 17, 2024
Judge Denies Croatia’s Bid To Dismiss $249M Award In Gas Investor’s Favor

WASHINGTON, D.C. — A District of Columbia federal judge entered a minute order denying the Republic of Croatia’s motion to dismiss a Hungarian gas company’s petition to confirm an International Centre for Settlement of Investment Disputes (ICSID) arbitral award worth more than $249 million for harming its investment, and set deadlines for Croatia to file a renewed motion for dismissal.
September 17, 2024
Spain Asks En Banc D.C. Circuit To Rehear Intra-EU Awards Jurisdictional Row

WASHINGTON, D.C. — The Kingdom of Spain on Sept. 16 petitioned the District of Columbia Circuit U.S. Court of Appeals for en banc rehearing of its challenge to federal jurisdiction over three consolidated petitions to confirm intra-European Union arbitral awards against Spain worth approximately 358 million euros, writing that the panel’s ruling conflicts with circuit precedent and U.S. Supreme Court guidance.
September 16, 2024
Insurance Magnate Appeals $166.7M Dutch Arbitral Award To 4th Circuit

GREENSBORO, N.C. — Greg Lindberg, who in a separate proceeding moved for acquittal of his conviction on retrial for bribing the North Carolina insurance commissioner, filed a notice of appeal in a North Carolina federal court that he and his related companies are appealing to the Fourth Circuit U.S. Court of Appeals an Aug. 14 judgment of $166,797,838 granted in favor of insolvency practitioners for a Dutch insurer in liquidation to confirm a Dutch tribunal’s arbitral award and judgment.
September 13, 2024
Tribunal Won’t Bifurcate French-Algerian Investor’s ICSID Claim Against Qatar

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Sept. 12 published a tribunal’s order denying Qatar’s request to bifurcate claims brought against it by a French-Algerian investor who brought arbitration after he was allegedly arrested in Qatar, wrongfully detained and sentenced to death.
September 13, 2024
Split ICSID Tribunal Awards More Than $87M In Casino Investors’ NAFTA Claim

WASHINGTON, D.C. — The International Centre for the Settlement of Investment Disputes (ICSID) published a split tribunal’s award finding that the United Mexican States breached the North American Free Trade Agreement (NAFTA) by harming the casino investments of dozens of U.S. investors and shuttering casinos they had invested in, with the majority ordering Mexico to pay the investors more than $80 million in damages and $7 million in attorney fees.
September 12, 2024
Canada Tells ICSID Climate Change Goals Required It To Block Gas Project

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Sept. 11 published Canada’s counter-memorial on the merits to a $1 billion claim brought against it by a U.S. liquid natural gas (LNG) investor under the North American Free Trade Agreement (NAFTA), in which Canada argues that a rejected LNG project would have conflicted with its goal of carbon neutrality by 2050.
September 10, 2024
Judge Confirms $2.5M Award In Brazilian Dispute, Dismisses Alter Ego Claim

ORLANDO, Fla. — A Florida federal judge on Sept. 9 confirmed an arbitral award worth $2.5 million against a Brazilian holding company for allegedly draining Brazilian assets in part through Florida real estate purchases to evade payment of various debts owed for the purchase of two Brazilian freight and logistics companies, but dismissed an alter ego claim against the company’s owner for failure to prosecute.
September 09, 2024
Judge Allows Amendment To Pleadings In Liberian Shipping Row Due To New Evidence

NEW YORK — A New York federal judge on Sept. 6 granted a British Virgin Islands (BVI) investment company’s motion to amend its answer and cross-petition seeking vacatur of a JAMS arbitral award issued against it in a contract dispute with the Liberian affiliates of a shipping company, finding that newly produced evidence from a separate bankruptcy proceeding showed that the shipping affiliates’ arguments before the arbitrator were “untrue.”
September 06, 2024
Judge Enters $113M Judgment Against Ghana For Gas Turbine Award

WASHINGTON, D.C. — The chief judge of the U.S. District Court for the District of Columbia in a Sept. 5 docket entry entered judgment worth more than $113 million in favor after granting a Singaporean company’s motion for default judgment and confirming a Permanent Court of Arbitration (PCA) tribunal’s award against the government of the Republic of Ghana for abruptly terminating the company’s gas turbine contract.
September 04, 2024
Nebraska Company, French Entity Agree To Dismiss $927K Shipping Award Suit

OMAHA, Neb. — A Nebraska grain seller and a French buyer on Sept. 3 filed a joint stipulation of dismissal in Nebraska federal court, asking the court to dismiss with prejudice the French party’s petition to confirm a Society of Marine Arbitrators (SMA) arbitral award worth more than $927,000 for delays to delivery of grain shipments.
September 03, 2024
African Terminal Operator Urges D.C. Circuit To Rehear Reversal Of $541M Award

WASHINGTON, D.C. — A joint venture that operated a container terminal on the Red Sea filed a petition with the District of Columbia Circuit U.S. Court of Appeals for panel rehearing or rehearing en banc after a split panel reversed the confirmation of a London Court of International Arbitration (LCIA) arbitral award worth more than $541 million in its favor against the Republic of Djibouti due to lack of “attorney authority,” writing that the decision conflicts with precedent and is an issue of exceptional importance.
September 03, 2024
Panama Seeks To Prevent Delay Of $4.84M Arbitration Award

MIAMI — The Republic of Panama has asked a Florida federal court to stay discovery and to dismiss counterclaims of an American company and its principal in a case involving alleged contract violations that began when Panama filed a petition to enforce a $4.84 million arbitration award.
August 30, 2024
Award Rejecting Canadians’ $15B Pipeline Claim Against U.S. Published By ICSID

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Aug. 29 published a split tribunal’s award dismissing a $15 billion claim brought against the United States by two Canadian oil companies for terminating their license to operate a cross-border pipeline, finding that it lacked jurisdiction over claims arising under the North American Free Trade Agreement (NAFTA) after NAFTA expired.
August 28, 2024
Judge Adopts Recommendation, Confirms $21M Award In Argentine Stock Dispute

MIAMI — A Florida federal judge adopted a magistrate judge’s report and recommendation (R&R) in full and confirmed an International Chamber of Commerce (ICC) tribunal’s arbitral award worth more than $21 million against a Florida man in favor of an Argentine investor for a stock option dispute.
August 27, 2024
Judge Confirms $1.7B Award In Telecom Dispute Against Iraqi Businessman, Companies

PHILADELPHIA — A Pennsylvania federal judge court granted a Dubai-based joint venture’s motion to confirm an International Chamber of Commerce (ICC) award worth more than $1.75 billion against telecommunications companies and an Iraqi businessman, finding that the court has jurisdiction over defendants who appeared to litigate a discovery dispute.
August 26, 2024
ICSID Rejects $350M Claim Against Colombia Citing Its National Security Defense

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published a tribunal’s award rejecting U.S. investors’ claims against the Republic of Colombia for expropriating land they purchased that Colombia alleged was previously tied to narcotics trafficking, finding it lacks jurisdiction because the challenged conduct falls under an “essential security” exception in a trade agreement.
August 12, 2024
COMMENTARY: Waiver Of The Right To Arbitration Without Prejudice

By Robert M. Hall
August 22, 2024
Panel Says Mexican Company Must Arbitrate Contract Row Before Single Arbitrator

HOUSTON — A Texas appellate panel found that an oral, in-court agreement between a Mexican company and a Texas company to alter their arbitration agreement is binding and affirmed a trial court’s order that they arbitrate their contract dispute before a single arbitrator despite an amount-in-controversy requirement in their written arbitration agreement that requires multiple arbitrators.
August 21, 2024
Judge Says $325M Award Against Argentina Timely Under D.C. Statute Of Limitations

WASHINGTON, D.C. — A District of Columbia federal judge denied the Argentine Republic’s motion to dismiss a petition to confirm an International Centre for Settlement of Investment Disputes (ICSID) award worth more than $325 million in favor of the successor-in-interest to Spanish investors after finding that the District of Columbia’s 12-year statute of limitations renders the petition timely.
August 20, 2024
Judge Refuses To Vacate $120M Judgment In Iraqi Port Construction Feud

WASHINGTON, D.C. — A District of Columbia federal judge granted a Cypriot construction company’s motion to authorize attachment and enforce a confirmed $120 million award against the Republic of Iraq and two government entities and denied the defendants’ motions to vacate the judgment and dismiss the petition.
August 19, 2024
D.C. Circuit Affirms Court’s Jurisdiction Over Intra-EU Arbitral Awards Against Spain

WASHINGTON, D.C. — A District of Columbia Circuit U.S. Court of Appeals panel on Aug. 16 unanimously held that the D.C. federal court has jurisdiction over three petitions to confirm intra-European Union arbitral awards against the Kingdom of Spain worth approximately 358 million euros despite EU law barring such arbitrations, but split as to the court’s issuance of anti-suit injunctions barring related litigation in Europe, which the majority reversed.
August 12, 2024
Split D.C. Circuit Panel Affirms Chinese Company’s $70M Award Against Nigeria

WASHINGTON, D.C. — A split panel of the District of Columbia Circuit U.S. Court of Appeals on Aug. 9 affirmed an arbitral award against the Federal Republic of Nigeria worth roughly $70 million in favor of a Chinese company, with the dissenting judge writing that the court lacked jurisdiction under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).