- Volume 33, Issue #5
- ICSID Dismisses Treaty Claims Against Kosovo For Lack Of Jurisdiction
PARIS - After finding that a German entity did not hold an investment in the Republic of Kosovo in relation to the canceled sale of shares in Kosovo's postal and communication authority, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 4 dismissed all of the company's claims for lack of jurisdiction (ACP Axos Capital GmbH v. Republic of Kosovo, No. ARB/15/22, ICSID).
- ConocoPhillips Says ICC Has Ordered Venezuela To Pay It $2.04B In Damages
HOUSTON - A Texas-based energy company on April 25 said an international arbitral tribunal has awarded it $2.04 billion in damages in an arbitration with Venezuela's national oil company.
- PCA Issues Award In UNCITRAL Arbitration Filed Against Russia
THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on May 9 announced that it has issued a confidential award on the merits in an arbitration commenced by real estate investors against the Russian Federation (Everest Estate LLC, et al. v. The Russian Federation, No. 2015-36, PCA).
- ICSID Committee Denies Application To Annul Award For Montenegro
PARIS - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on May 2 released its decision refusing to annul an award in which a tribunal found that a Cyprus company was not an investor under the terms of a bilateral investment treaty and that it lacked jurisdiction over an arbitration with Montenegro, finding no manifest excess of powers or breach of a fundamental rule of procedure (CEAC Holdings Limited v. Montenegro, ARB/14/08, ICSID).
- ICSID Rejects Bolivia's Application To Annul $48M Award For Investors
WASHINGTON, D.C. - An ad hoc committee of the International Centre for Settlement of Investment Disputes (ICSID) on May 18 issued a decision in an arbitration filed by investors in mining concessions, rejecting an application made by the Plurinational State of Bolivia to annul a $48,619,578 award (Quiborax S.A., et al. v. Plurinational State of Bolivia, ARB/06/02, ICSID).
- Federal Judge Confirms $26M Award Issued For Korean Investment Fund
SANTA ANTA, Calif. - After a California golf products company and its owners failed to respond to a Korean investor's motion, a California federal judge on May 15 confirmed a $26,952,651 arbitral award for the investor in a dispute over tax issues (AJU Small but Great Fund 5 v. Apache Golf Inc., et al., No. 8:17-cv-01063, C.D. Calif.).
- Ghana, Energy Firms Appeal Judge's Confirmation Of PCA Award To D.C. Circuit
WASHINGTON, D.C. - Two energy companies and the Republic of Ghana on May 1 filed an appeal and cross-appeal with the D.C. Circuit U.S. Court of Appeals in relation to a recent district court ruling in which a judge confirmed a $11.75 million award issued by the Permanent Court of Arbitration (PCA) (Balkan Energy Limited, et al. v. Ghana, 18-7061, D.C. Cir.).
- Ukraine Chemical Plant Seeks Enforcement Of $937,000 Arbitral Award
NEW YORK - A Ukraine-owned chemical plant on April 27 asked a New York federal judge to confirm an international arbitral award issued in its favor and against a New York entity in a dispute over a contract for the sale of steel pipe (State Enterprise Research-Industrial Complex 'Pavlograd Chemical Plant' v. Petroleum & Materials LLC, No. 2:18-cv-02510, E.D. N.Y.).
- Judge Compels Arbitration Of Dispute With Prada Over Alligator Hatchlings
MIAMI - After finding that a company's claims against a designer and others directly related to a purchase agreement for alligator hatchlings and eggs, a Florida federal judge on May 7 found that the dispute must be compelled to arbitration in Italy (Caporicci U.S.A. Corp. v. Prada S.p.A, et al., No. 18-20859, S.D. Fla.).
- 9th Circuit Vacates Order Requiring Release Of Liechtenstein Assets
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 18 vacated a court's decision ordering a Russian national to turn over assets held in a trust to assist in satisfying a $92 million arbitral award, finding that the order was premature because a Liechtenstein court is reviewing similar issues as those in the present case and has jurisdiction over the trust (Vitaly Ivanovich Smagin v. Ashot Yegiazaryan, ex rel., Nos. 16-55502, 16-56749, 17-56467, 9th Cir., 2018 U.S. App. LEXIS 13005).
- Kazakhstan Argues $22B In Frozen Funds Satisfies Swedish Arbitral Award
WASHINGTON, D.C. - The Republic of Kazakhstan on May 14 responded to a motion filed by investors for leave to register a judgment confirming a $497,685,101 arbitral award in other judicial districts in an attempt to obtain payment, arguing that not enough time has passed and that the investors have not shown that it has assets in the United States (Anatoli Stati, et al. v. Republic of Kazakhstan, No. 14-1638, D. D.C., 2018 U.S. Dist. LEXIS 48140).
- Judge Orders Media Entities To Turn Over Shares To Satisfy $30M Award
NEW YORK - A New York federal judge on May 8 granted a holding company's request to be appointed as the receiver for all the shares in another entity's primary asset to satisfy approximately $30 million in damages that remains unpaid from three Singapore arbitral awards (Daum Global Holdings Corp. v. Ybrant Digital Limited, et al., No. 13-CV-3135, S.D. N.Y., 2018 U.S. Dist. LEXIS 77552).
- U.K. Energy Firms Ask D.C. Court To Allow It To Seek Ghana's Assets
Washington, D.C. - Energy firms on May 22 moved a District of Columbia federal court for an order allowing them to begin attachment and enforcement efforts in an attempt to satisfy payment of a $11.75 million award issued by the Permanent Court of Arbitration (PCA) against Ghana (Balkan Energy Limited, et al. v. Ghana, No. 1:17-cv-00584, D. D.C.).
- Oil Company Commences LCIA Case Related To Egyptian Oil Concession
LONDON - A U.K. oil and gas company on April 26 reported that the subsidiary of a Chinese oil company has commenced arbitration in London against it related to disputes involving a joint venture for the East Ghazalat Concession Egypt.
- Singapore Entity Files Arbitration Against Mexico Over Vessel Charters
SINGAPORE - A Singapore offshore holding company on May 4 announced that it has commenced arbitration against Mexico, asserting claims for violation of a bilateral investment treaty in relation to investments in vessel charters.
- ICSID Denies Chile's Request To Lift Stay Requiring Payment Of Costs
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 24 released an award in which a committee rejected a request by the Republic of Chile that a stay of enforcement of an award be lifted, requiring the former owner of a newspaper seized by the Chilean military to pay the costs of the award despite a pending annulment proceeding, but ordered that certain parts of the award were binding and could not be stayed (Victor Pey Casado and Foundation Presidente Allende v. Republic of Chile, No. ARB/98/2, ICSID).
- Venezuela Opposes Modification Of Stay In Action Seeking Confirmation Of $491M Award
WASHINGTON, D.C. - A Netherlands company on May 1 filed its reply in a District of Columbia federal court to the Bolivarian Republic of Venezuela's recently filed opposition to its motion for an order modifying the stay of its petition to confirm a $491,081,701 arbitral award pending the outcome of annulment proceedings (OI European Group B.V. v. Bolivarian Republic of Venezuela, No. 1:16-cv-01533, D. D.C.).
- HKIAC Launches Panel Of Financial Services Dispute Arbitrators
HONG KONG - The Hong Kong International Arbitration Centre (HKIAC) on May 10 announced that it has launched a panel of arbitrators for Financial Services Disputes.
- Singapore International Arbitration Centre Appoints New Vice President
SINGAPORE - The Singapore International Arbitration Centre (SIAC) on May 8 announced that it has appointed a new vice president.
- JAMS Appoints New Arbitrators To California, Massachusetts Panels
SAN FRANCISCO - A provider of mediation and arbitration services center on May 9 announced the appointments of several new arbitrators to its panels.
- Use Of Experts In Arbitration: Alternatives For Improved Efficiency
By Steven C. Bennett Complex, technical disputes in arbitration often require expert analysis, to assist an arbitration tribunal in understanding the issues to be resolved, and to answer specific questions required for a fair and accurate resolution of a dispute. The expense, burden and time commitment required for expert analysis, however, represent potential limits on the efficiency of the arbitration process. This Article addresses some of the alternatives available to parties, their counsel, and the tribunal, in structuring expert analysis to maximize efficiency.1 Goals In Expert Analysis
- The Rashomon Effect In International Arbitration: The Enforcement Of Arbitral Awards Set Aside At The Seat of the Arbitration
By Carlos J. Bianchi 1. Introduction Akira Kurosawa, Immanuel Kant and J.K. Rowling have this in common: they demonstrate how objective facts may be interpreted or viewed differently according to the identity and characteristics of the observer1. So, too, in international arbitration, despite all efforts to standardize norms and criteria, subjectivity is inevitable; witness, for example, the application of the "public policy" defense in Article V(2)(b) of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention")2.
- Arbitrator Bias: A Missed Opportunity
By Andy Moody, Judith Mulholland and Richard Molesworth A. Apparent Bias In Arbitral Tribunals: Time For The Supreme Court To Consider The Issue? In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance Ltd (2) [M] (3) [N] (4) [P].1 In January 2018, the authors wrote an article for this publication on the case entitled Apparent Bias In Arbitral Tribunals: One Size Fits All? in which they expressed hope that the Court of Appeal would provide further guidance to the London arbitration community as to the circumstances in which the court will remove an arbitrator on the grounds of apparent bias. The authors further advocated for a flexible approach to apparent bias being taken across the London arbitration market, taking into account the broader practices outside specialized sectors and giving greater weight to the IBA Guidelines in the right circumstances.