Mealey's International Arbitration

  • 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.

  • January 30, 2024

    5th Circuit Finds No Jurisdiction Over $200M Award For Fatal Explosion On Vessel

    NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on Jan. 29 reversed and remanded a federal judge’s ruling denying a Swiss charterer’s motion to dismiss a German shipowner’s petition to enforce an arbitral award worth more than $200 million for damages incurred when a fatal explosion occurred on the vessel, finding that the court lacked personal jurisdiction.

  • January 29, 2024

    Spain’s Challenge To ICSID Award Stayed In England Pending Related Appeal

    LONDON — An English justice delaying ruling on Spain’s application to set aside the High Court of Justice’s registration of an International Centre for Settlement of Investment Disputes (ICSID) award against it worth more than 33 million euros pending an appeal on the related issue of whether Spain is bound to an arbitration agreement with a citizen of a European Union state despite EU law prohibiting intra-EU arbitrations.

  • January 29, 2024

    Texas Refinery Manager Gets More Time To Respond To Ecuador In $6M Award Row

    HOUSTON — A Texas federal judge granted a Texas company an extension of time to respond to the Republic of Ecuador’s petition to confirm a Permanent Court of Arbitration (PCA) tribunal’s award against it for more than $6 million in attorney fees, which the company was ordered to pay after the tribunal rejected its claims that Ecuador harmed the company’s investment in Ecuador by allegedly interfering with its contracts to manage Ecuadorian refineries.

  • January 26, 2024

    Energy Investor Seeks To Enforce Nearly $129M Award Against Ghana

    WASHINGTON, D.C. — A Ghana-based subsidiary of a Singaporean company filed a petition in District of Columbia federal court seeking to enforce a Permanent Court of Arbitration (PCA) tribunal’s award worth nearly $129 million against The Government of the Republic of Ghana for terminating the company’s gas turbine contract.

  • January 25, 2024

    Split Tribunal Rejects Hydro Investor’s $47M Claims Against Peru

    WASHINGTON, D.C. — A split International Centre for Settlement of Investment Disputes (ICSID) tribunal rejected a U.S. hydropower investor and its subsidiary’s claims for more than $47 million in damages against the Republic of Peru for harming its investment but ordered Peru to return a $5 million performance bond.

  • January 25, 2024

    ICSID Tribunal Dismisses U.S. Objections In Ukrainian Money Laundering Case

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 25 published its decision dismissing the United States’ preliminary objections to an arbitration claim brought against it by three Ukrainian-owned entities that are seeking to challenge the civil seizure of their real estate investments for involvement in an alleged money laundering scheme.

  • January 23, 2024

    English Judge Applying ‘Novel Approach’ Won’t Set Aside Award Against Zimbabwe

    LONDON — An English justice denied the Republic of Zimbabwe’s application to set aside a judgment registering an International Centre for Settlement of Investment Disputes (ICSID) award worth more than $125 million against it on sovereign immunity grounds after concluding that “state immunity is irrelevant to applications for registration,” which the justice acknowledged is “a novel approach.”