International & Foreign Law Community International Arbitration

English Court Confirms That It Does Not Have Exclusive Jurisdiction To Grant Interim Relief In Support Of An English Arbitration

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

By Thomas Yates, Carinne Maisel and Anna Sokolovskaya Summary In U&M Mining Zambia Ltd v Konkola Copper Mines Plc $(2013$) EWHC 260 (Comm), the Commercial Court of the High Court of England and Wales recently considered whether, pending the formation of an arbitral tribunal whose seat is London, English courts have exclusive jurisdiction to grant interim relief to the exclusion of national courts in other jurisdictions.

McDermott Will & Emery Sponsor Global International Arbitration Competition

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

FRANKFURT, Germany - McDermott Will & Emery on March 25 announced that it sponsored the 2013 International Investment Arbitration Moot Court Finals, during which Stockholm University defeated Beijing University.

K&L Gates Appoints International Arbitration And Trade Practices Group Partner

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

WASHINGTON, D.C. - K&L Gates on March 13 announced the appointment of a new partner in its international arbitration and international trade practices group.

Montenegro Ratifies ICSID Convention

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 11 announced that Montenegro has ratified the ICSID Convention.

Federal Judge Converts London Arbitration Award Amounts To U.S. Currency

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

WASHINGTON, D.C. - A District of Columbia federal judge on March 26 granted a Nigerian corporation's request to amend a judgment that confirmed a $252 million London arbitration award in its favor and against the federal government of Nigeria, converting certain amounts that were awarded in foreign currency to U.S. dollars (Continental Transfert Technique Limited v. Federal Government of Nigeria, et al., No. 08-2026, D. D.C.; 2011 U.S. Dist. LEXIS 85016).

Federal Judge Dismisses Cruise Line Workers' Petition To Vacate Award

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

MIAMI - After finding that a group of Indian cruise line workers' claims lacked merit, a Florida federal judge on March 13 granted a motion to dismiss their petition to vacate an arbitration award issued in favor of their employer (Agnelo Gonsalvez, et al. v. Celebrity Cruises Inc., No. 12-22287, S.D. Fla.; 2013 U.S. Dist. LEXIS 50666).

Singapore Judge Orders Company To Post Security Pending Arbitration

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

SINGAPORE - A Singapore judge on March 22 granted a company's request for a security payment pending the outcome of an arbitration case, finding that a recent judgment staying a dispute over an agreement for the shipment of sand could cause added expense for the claimant in the case (HKL Group Co. Ltd. v. Rizq International Holdings Pte Ltd., No. $(2013$) SGHCR 08, Singapore High).

Florida Federal Judge Compels Arbitration Of Crewman's Claims In Panama

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

MIAMI - A Florida federal judge on April 3 granted a ship owner's motion to compel arbitration of a crewmember's injury-related claims under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, finding that his public policy arguments failed and that he was required to arbitrate the dispute in Panama (Javier Fredy Paucar v. MSC Crociere S.A., et al., No. 13-20235, S.D. Fla.; 2013 U.S. Dist. LEXIS 48312).

Wisconsin Federal Judge Compels Arbitration Of Yacht Distribution Dispute

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

MILWAUKEE - A Wisconsin federal judge on April 4 granted an Italian yacht maker's motion to compel arbitration, finding that the issues in the dispute were related to an arbitration clause in a distribution contract (Skipper Marine Holding Inc. v. Azimut Benetti S.p.A., No. 12-CV-1274, E.D. Wis.; 2013 U.S. Dist. LEXIS 49032).

Judge Refuses To Compel London Arbitration Of Underwriters' Claims

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

NEW ORLEANS - A Louisiana federal judge on April 10 denied a marine operations firm's motion to compel London arbitration of a declaratory judgment action filed by various underwriters in relation to coverage for raising a vessel after a deliberate flood, finding that the issues in the arbitration and litigation were not inseparable (Mosaic Underwriting Service Inc., et al. v. Moncla Marine Operations LLC, et al., No. 12-2183, E.D. La.; 2013 U.S. Dist. LEXIS 52293).

Federal Judge Refuses Swiss Company's Request To Compel Arbitration

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

BIRMINGHAM, Ala. - An Alabama federal judge on April 1 found that a Swiss trading company failed to show that it had entered a binding contract with a coal and mining company, denying its request to stay the case and compel arbitration of the dispute (Vulcan Coal and Mining LLC v. Bulk Trading S.A., No. 11-2700, D. Ala.; 2013 U.S. Dist. LEXIS 46609).

Federal Judge Confirms London Arbitration Award For Korean Shipping Company

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

NEW YORK - A New York federal judge on March 15 granted a Korean shipping company's motion to confirm a London arbitration award issued in its favor, finding that a bulk carrier failed to show that the court lacked jurisdiction over the case (STX Pan Ocean Shipping Co. Ltd. v. Progress Bulk Carriers Ltd., No. 12-5388, S.D. N.Y.; 2013 U.S. Dist. LEXIS 49906).

Arbitration Court Issues Order In Investment Dispute With Bolivia

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

WASHINGTON, D.C. - A tribunal for the Permanent Court of Arbitration on March 21 issued a provisional order in relation to expert testimony in a case filed by U.S. and U.K. investors against the Plurinational State of Bolivia under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) (Guaracachi America, Inc. and Rurelec PLC v. The Plurinational State of Bolivia, PCA Case No. 2011-17, PCA).

Turkish Company Files Notice Of Arbitration Against Sultanate Of Oman

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

WASHINGTON, D.C. - A Turkish construction company on March 22 filed a notice of arbitration, seeking to assert bilateral investment treaty claims against the Sultanate of Oman (Attila Dogan Construction and Installation Co. v. the Sultanate of Oman, ICSID).

ICSID Issues Decision On Jurisdiction In Investment Dispute With Hungary

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 11 found that it has jurisdiction over certain claims asserted by a group of investors who seek damages in relation to their investment in FM-frequency radio broadcasting lines in Hungary, but it dismissed certain non-expropriation claims (Emmis International Holding, B.V., et al. v. The Republic of Hungary, No ARB/12/2, ICSID; See November 2011, Page 4).

ICSID Rejects Turkey's Objections To Jurisdiction In Investment Dispute

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 5 rejected objections to jurisdiction asserted by the Republic of Turkey, finding that an investment dispute filed by a Netherlands development company can proceed to the next phase of the case (Tulip Real Estate Investment and Development Netherlands B.V. v. Republic of Turkey, No. ARB/11/28, ICSID; See November 2011, Page 4).

ICSID Finds Moldova Breached Treaty In Dispute Over Duty-Free Stores

anonymous@localhost.com (Liz Barrett) — Wed, 24 Apr 2013 15:20:00 -0400

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on April 10 released its award in an investment dispute, finding that the Republic of Moldova breached various obligations under a bilateral investment treaty and ordering it to pay damages to a claimant who invested in opening various cross-border duty-free stores (Franck Charles Arif v. Republic of Moldova, No. ARB/11/23, ICSID).

QuiboraxAnd The Objective Definition Of Investment

anonymous@localhost.com (Liz Barrett) — Tue, 26 Mar 2013 17:28:00 -0400

By Andy Moody and Ben von Maur What is an "investment" for the purposes of the ICSID Convention? That question is of fundamental importance to establishing whether or not an ICSID tribunal has jurisdiction over a dispute brought before it. A recent ICSID decision on jurisdiction - Quiborax SA v Bolivia1- adds more ammunition to the arsenal of ICSID case law which international investment lawyers have at their disposal when asked to argue whether a dispute arises directly out of an "investment". The Quiborax decision is of particular interest because the tribunal was asked to consider, inter alia:

Commentary On TCL Air Conditioner (Zhongshan) Co Ltd V The Judges of the Federal Court of Australia $(2013$) HCA 5 In Which A Constitutional Challenge To The Australian International Arbitration Act 1974 And The UNCITRAL Model Law (Which Under Section 16 O

anonymous@localhost.com (Liz Barrett) — Tue, 26 Mar 2013 17:28:00 -0400

By Marcus S Jacobs QC nstitutionality Of The International Arbitration Act 1974 (Cth) Background

Canada Announces Acceptance Of Settlement In NAFTA Dispute

anonymous@localhost.com (Liz Barrett) — Tue, 26 Mar 2013 17:28:00 -0400

OTTAWA - Foreign Affairs and International Trade Canada (FAITC) on March 8 announced that it has accepted a proposed settlement of an arbitration dispute made by a cement company.

High Court Hears Arguments On Validity Of Arbitration Clause In Antitrust Action

anonymous@localhost.com (Liz Barrett) — Tue, 26 Mar 2013 17:28:00 -0400

WASHINGTON, D.C. - American Express Co. (AmEx) told the U.S. Supreme Court on Feb. 27 in oral arguments that the Second Circuit U.S. Court of Appeals erred in ruling that a mandatory class action waiver clause in AmEx's standardized service contract violated the Federal Arbitration Act (FAA) and erred in denying AmEx's motion to compel arbitration of merchants' antitrust claims under the Sherman Act (American Express Company, et al. v. Italian Colors Restaurant, et al., No. 12-133, U.S. Sup.).

Federal Judge Refuses To Compel Arbitration Of Oil Drilling Services Dispute

anonymous@localhost.com (Liz Barrett) — Tue, 26 Mar 2013 17:28:00 -0400

HOUSTON - A Texas federal judge on March 18 denied a motion to compel arbitration filed by an oil company, finding that various oil and drilling entities did not agree to arbitrate disputes and that the company waived its right to arbitration by invoking the litigation process (Rasheed Al Rushaid, et al. v. National Oilwell Varco Inc., et al., No. 11-CV-3390, S.D. Texas; 2013 U.S. Dist. LEXIS 36702).

Federal Judge Refuses To Compel Arbitration Of Dubai Investment Dispute

anonymous@localhost.com (Liz Barrett) — Tue, 26 Mar 2013 17:28:00 -0400

NEW YORK - A New York federal judge on March 14 denied a motion to compel arbitration filed by a woman who allegedly marketed a Dubai real estate venture to investors, finding that as a nonsignatory to the purchase agreement, she could not compel international arbitration (Jane B. Holzer, et al. v. Katherine Price Mondadori, et al., No. 12-5234, S.D. N.Y.; 2013 U.S. Dist. LEXIS 37168).

English Justice Finds Seller Of Ship Was Entitled To Unpaid Deposit

anonymous@localhost.com (Liz Barrett) — Tue, 26 Mar 2013 17:28:00 -0400

LONDON - An English justice on March 21 allowed the seller of a ship's appeal of an arbitration award, finding that the tribunal erred in deciding that it was not entitled to recover the amount of a deposit that the buyer failed to pay under the agreement (Griffon Shipping LLC v. Firodi Shipping Limited, No. $(2013$) EWHC 593 $(Comm.$), England and Wales High, Comm.).

Judge Refuses To Vacate Arbitration Award, Dismisses Petition As Untimely

anonymous@localhost.com (Liz Barrett) — Tue, 26 Mar 2013 17:28:00 -0400

WASHINGTON, D.C. - A District of Columbia federal judge on March 11 dismissed a petition to vacate an arbitration award that refused to set aside a previous award that adopted the terms of a settlement agreement and granted a cross-petition to confirm, finding that the petition was untimely (Lawrence Glaser v. Jonathan Russell Legg, et al., No. 12-805, D. D.C.; 2013 U.S. Dist. LEXIS 32945).