Mealey's International Arbitration
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April 18, 2024
ICSID Tribunal Won’t Bifurcate German Shipper’s Claim Against Albania
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on April 17 published a tribunal’s order denying the Republic of Albania’s request to bifurcate a claim brought against it by a German shipping company for harming its investment in operating a terminal at the Port of Durres.
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April 18, 2024
English Panel Upholds Stay In Dispute Over Which Reinsurance Agreement Controls
LONDON — Upholding the stay of an English case in a reinsurance dispute and saying “the parties began by playing cricket but then switched to baseball,” a three-justice panel of the Court of Appeal of England and Wales agreed with a lower court that the operative agreement calls for arbitration in New York.
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April 17, 2024
Saudi Heirs’ Lawyer Tells 9th Circuit ‘Corruption’ To Blame For $268,000 Sanction
SAN FRANCISCO — An attorney who represented several heirs of a Saudi Arabian sheikh in unsuccessful attempts to confirm a controversial $18 billion award against two oil companies tells the Ninth Circuit U.S. Court of Appeals in an appellant brief that a more than $268,000 sanction against him for filing a fake news article is the product of an “abuse of judicial authority, corruption and collusion.”
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April 16, 2024
Japanese Investor Says 25M Euro Award Against Spain Not Bound By EU Law
WASHINGTON, D.C. — A Japanese solar energy investor on April 15 filed a brief in District of Columbia federal court opposing the Kingdom of Spain’s motion to dismiss or stay its petition to confirm an International Centre for Settlement of Investment Disputes (ICSID) arbitral award in its favor worth more than 25 million euros for harming its investment, writing that its action is “unique” because it is not based in the European Union.
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April 11, 2024
Equatorial Guinea Tells D.C. Circuit It Didn’t Agree To Arbitrate Clinic Dispute
WASHINGTON, D.C. — In an appellant brief in the District of Columbia Circuit U.S. Court of Appeals, the Republic of Equatorial Guinea (EG) challenges the confirmation of an arbitral award against it worth more than $13 million for terminating a Swiss company’s contract to manage a hospital, arguing that that the breach of contract dispute was not arbitrable.
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April 10, 2024
Court Enters $8.9M Judgment Enforcing Hong Kong Awards For Non-Repayment To Funder
WEST PALM BEACH, Fla. — A Florida federal judge on April 9 entered civil judgments worth roughly $8.9 million against an investor under conservatorship in Colorado and his attorney, after confirming Hong Kong International Arbitration Center (HKIAC) awards against the two for failure to repay a litigation funder.
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April 10, 2024
5th Circuit Won’t Rehear Insureds’ Dispute Over Arbitrability Of Storm Claims
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on April 9 denied two New Orleans property owners’ petition for panel or en banc rehearing of their appeal challenging the arbitrability of their claims for $7 million in damages caused by Hurricane Ida and for bad faith against a group of foreign and domestic insurers.
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April 09, 2024
Court Confirms More Than $6M ICC Award For Uranium Sales Dispute
NEW YORK — A New York federal judge confirmed an International Chamber of Commerce (ICC) arbitral award worth more than $6 million in favor of a German entity against a New York-based U.S. company that did not appear in court for a dispute arising out of a uranium sales contract and granted the German entity’s request for more than $1.3 million in additional interest.
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April 09, 2024
2nd Circuit Affirms Turnover Order Enforcing $185M Award Against Hong Kong Entity
NEW YORK — A Second Circuit U.S. Court of Appeals panel on April 8 affirmed a judge’s ruling ordering that a Hong Kong entity turn over 100% of its interest in an affiliate that owns real estate in New York and Chicago to partly satisfy a JAMS arbitral award against it worth more than $185 million, writing that turnover is proper because the entity had tried to obstruct enforcement of the award.
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April 02, 2024
Russia Tells D.C. Circuit Court Lacked Jurisdiction To Confirm $57B Awards
WASHINGTON, D.C. — The Russian Federation on April 1 filed an appellant brief urging the District of Columbia Circuit U.S. Court of Appeals to reverse a judge’s denial of its motion to dismiss a petition to confirm arbitral awards against it worth more than $57 billion for lack of jurisdiction, arguing that the court wrongly found that it waived its sovereign immunity.
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April 02, 2024
COMMENTARY: International Arbitration Experts Discuss The Major Challenges For Arbitration In 2024
Copyright © 2024, LexisNexis. All rights reserved.
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April 02, 2024
COMMENTARY: Interview: Ricardo Rincon of Miller & Chevalier Discusses Anti-Corruption Efforts In International Arbitration
Copyright © 2024, LexisNexis. All rights reserved.
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April 01, 2024
Vietnamese Tribunal’s $2.4M Award For Sales Contract Dispute Confirmed By Judge
LOS ANGELES — A California federal judge granted a Vietnamese kitchen cabinetry-maker’s unopposed motion to confirm a Vietnam International Arbitration Center (VIAC) arbitral award against a California cabinetry wholesaler worth more than $2.4 million.
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March 29, 2024
ICSID Publishes Metal Mining Company’s $82.5M Claim Against Mexico
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on March 28 published a tribunal’s order setting confidentiality and disclosure procedures in a U.S. mining company’s request for arbitration against the United Mexican States on the grounds that Mexico caused it more than $82.5 million in damages by allowing a local mining co-operative to blockade one of its mines.
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March 29, 2024
Judge Confirms $136M Award Against India In German Investor’s Favor
WASHINGTON, D.C. — A District of Columbia federal judge has granted a German entity’s petition to confirm a Permanent Court of Arbitration (PCA) arbitral award against the Republic of India worth nearly $136 million for damages to its investment in an Indian telecommunications company that had its contract abruptly terminated.
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March 25, 2024
U.S. Supreme Court Won’t Review Panama Canal Contractors’ Arbitrator Bias Claims
WASHINGTON, D.C. — The U.S. Supreme Court on March 25 denied a petition for a writ of certiorari filed by an international group of construction firms that were ordered to pay a $283 million award to the Republic of Panama-owned instrumentality that operates the Panama Canal and that argued that the award was tainted by the arbitrators’ nondisclosures of various professional ties.
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March 25, 2024
Judge Confirms $44.3M Hong Kong Award For Chinese Loan Dispute
SAN FRANCISCO — A California federal judge confirmed a Hong Kong International Arbitration Centre (HKIAC) arbitral award worth more than $44.3 million against a California resident for a Shanghai investment dispute, finding that no defenses to enforcement of the award apply.
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March 25, 2024
U.K. High Court Violated EU Law By Enforcing Award Against Romania, CJEU Says
LUXEMBOURG CITY, Luxembourg — The Court of Justice of the European Union (CJEU) ruled that the United Kingdom Supreme Court in 2020 violated the United Kingdom’s then-existing obligations under EU law by ruling that an arbitral award worth 178 million euros in favor of Swedish investors against Romania was enforceable while the same dispute was pending in EU courts.
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March 22, 2024
Insureds Urge 5th Circuit To Rehear Arbitration Row In $7M Hurricane Ida Dispute
NEW ORLEANS — Two New Orleans property owners urge the Fifth Circuit U.S. Court of Appeals to grant panel or en banc rehearing of their appeal challenging the arbitrability of their claims for $7 million in damages caused by Hurricane Ida and for bad faith against a group of foreign and domestic insurers.
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March 22, 2024
Jamaican Investor Urges Court To Confirm $43.5M Award For Landfill Dispute
WASHINGTON, D.C. — A Jamaican landfill investor on March 21 cross-petitioned the U.S. District Court for the District of Columbia to confirm a $43.5 million arbitral award in his favor and opposed the Dominican Republic’s petition to vacate, arguing that a rectification decision recently issued by the arbitral tribunal underscores the correctness and enforceability of the original award.
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March 21, 2024
ICSID Says Qatar Shouldn’t Enforce Death Sentence Against French-Algerian Investor
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on March 20 published a tribunal’s order granting a request for provisional measures filed by a French-Algerian investor who has been sentenced to death in Qatar, in which it says the state should not “harm the life and safety” of the investor “or any of his relatives” and directing the suspension of criminal proceedings against him “pending the conclusion of this arbitration.”
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March 21, 2024
2nd Circuit Affirms $450M Award Against Chinese Movie Theater Owner
NEW YORK — The Second Circuit U.S. Court of Appeals on March 20 affirmed denial of reconsideration and entry of judgment for more than $450 million reflecting a confirmed China International Economic and Trade Arbitration Commission (CIETAC) arbitral award against the owner and operator of a Chinese movie theater company, finding the award-debtor was adequately notified and given a chance to participate in the arbitration.
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March 21, 2024
Judge Enters Final $198M Judgment Against Lima After Rejecting Corruption Defense
WASHINGTON, D.C. — A District of Columbia federal judge entered a final judgment against Lima, Peru, worth more than $198 million in favor of a contractor, days after the judge denied Lima’s petitions to vacate two awards against it in a dispute over a toll road contract and rejected its corruption allegations.
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March 20, 2024
Judge Confirms $3.5M Award For Austrian Company After Gabonese Republic Defaults
WASHINGTON, D.C. — A District of Columbia federal judge confirmed an International Chamber of Commerce (ICC) tribunal’s arbitral award worth more than $3.5 million in favor of an Austrian hospital management company against the Gabonese Republic for nonpayment of the Austrian company’s contracts dating back to 2001.
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March 20, 2024
Judge Vacates Order Compelling Arbitration Of Saudi Contract Dispute
HARTFORD, Conn. — A Connecticut federal judge on March 19 granted in part a Connecticut company’s motion for reconsideration and vacated an order compelling arbitration of its contractual dispute with a Florida company over delivery of hazmat supplies to a Saudi Arabian entity, but denied the motion as to the court’s findings of fact in the ruling.