http://www.lexisnexis.com/mealeys/news.aspx Headline International Arbitration Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2012 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2012%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2013%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2014%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 11 announced that Montenegro has ratified the ICSID Convention. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2015%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2016%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2017%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 5 released its decision to reject a European plastics company's request to disqualify an arbitrator appointed by the Bolivarian Republic of Venezuela, finding no evidence that he lacked impartiality or would be unable to made an independent review of the case (Saint-Gobain Performance Plastics Europe v. The Bolivarian Republic of Venezuela, No. ARB/12/13). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 4 denied a request for provisional measures filed by the Republic of Indonesia against a mining company, finding that Indonesia failed to show that public statements the company made jeopardized its rights in the case or that it the company was not prohibited from entering settlement negotiations (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14, ICSID; See February 2013, Page 10). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A tribunal of the International Centre for Settlement of Investment Disputes (ICSID) on March 16 denied a request for provisional measures filed by a group of companies in a dispute with the Republic of Zimbabwe, in which the companies sought orders that certain unauthorized people do not enter a property owned by the companies, finding that the tribunal's interference was not warranted (Bernard Von Pezold and others v. Republic of Zimbabwe, No. ARB/10/15, Border Timbers Limited, et al. v. Republic of Zimbabwe, No. ARB/10/25, ICSID; See January 2013, Page 15). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A group of Latin American investors on Dec. 29 filed a notice of intent to submit a claim against the U.S. government to arbitration in relation to alleged losses they sustained after making investments in a Ponzi scheme (Guatemalan, Costa Rican and Dominican Victims of the Stanford Ponzi Scheme Investors / Claimants v. The Government of the United States of America, FINRA). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A Delaware energy company on Jan. 15 filed its intent to arbitrate a dispute with the government of Canada under the Arbitration Rules of the United Nations Commission on International Trade Law (the UNCITRAL Rules) and of the North American Free Trade Agreement (NAFTA) (Windstream Energy LLC v. Government of Canada, NAFTA; See November 2012, Page 8). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CANBERRA, Australia - An Australia court on March 13 dismissed an application filed by a Chinese air conditioning company in relation to the enforcement of an arbitral award issued against it and in favor of an Australia company, rejecting an argument that the jurisdiction conferred to the Federal Court of Australia in an application made under Article 35 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration was incompatible with Chapter III of the Commonwealth of Australia Constitution (TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia $(2013$) HCA 5, Australia High). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - An Illinois federal judge on March 21 confirmed a Spanish arbitration award issued in favor of a cultural forum, finding that a council failed to show that the court lacked jurisdiction over the confirmation proceedings and failed to submit a valid defense under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Universal Forum of Cultures Barcelona 2004, S.L. in liquidation v. Council for Parliament of the World's Religion, No. 12-3542, N.D. Ill.; 2013 U.S. Dist. LEXIS 39719). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York federal judge on March 4 denied a petition to vacate and granted a motion to confirm an arbitration award, finding that a tribunal did not err when it applied New York law to an investment dispute and when it refused to allow an investment authority to submit certain documents (Abu Dhabi Investment Authority v. Citigroup Inc., No. 12-283, S.D. N.Y.; 2013 U.S. Dist. LEXIS 30214). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2012%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2013%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2014%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2015%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' By Marcus S Jacobs QC nstitutionality Of The International Arbitration Act 1974 (Cth) Background http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2016%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' 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: http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on Feb. 7 issued an award in a treaty dispute filed by Chevron Corp. and Texaco Petroleum Corp., finding that the Republic of Ecuador violated two previous awards issued by the tribunal when it failed to prevent the enforcement of a $19 billion Ecuadorian court judgment against Chevron (Chevron Corporation, et al. v. The Republic of Ecuador, No. 2009-23, PCA; See February 2012, page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - A technology company on Feb. 20 announced in a statement that the International Court of Arbitration of the International Chamber of Commerce (ICC) has issued an award in its favor in a dispute over royalties allegedly owed under a patent license agreement between it and another company. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on Jan. 18 granted a request by the government of Canada to bifurcate certain jurisdictional issues from the merits of an arbitration filed by an energy company that alleges that Canada violated the North American Free Trade Agreement (Mesa Power Group v. Government of Canada, No. 2012-17, PCA; See July 2011, Page 16). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 20 released its decision on objections filed by Hungary under ICSID Arbitration Rule 41(5), finding that a Bermuda partnership and a Hungarian entity may rely on the most favored nation (MFN) provisions of a bilateral investment treaty, but only to the extent that they relate to expropriation (Accession Mezzanine Capital L.P., et al. v. Hungary, No. ARB/12/3, ICSID). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 8 determined that it has jurisdiction over claims asserted by numerous investors, rejecting all of the objections submitted by the Argentine Republic, including a decision that the case could not be considered a class action proceeding (Ambiente Ufficio S.P.A. and others $(formerly known as Giordano Alpi and others$) v. The Argentine Republic, No. ARB/08/09, ICSID). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 8 allowed certain objections to jurisdiction asserted by the Bolivarian Republic of Venezuela in relation to claims asserted against it by investment and marine companies, but allowed certain claims asserted under a bilateral investment treaty to proceed (Tidewater Inc., et al. v. The Bolivarian Republic of Venezuela, No. ARB/10/5 ICSID; See February 2011, Page 6). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 6 released a decision that rejected an application filed by the Government of the Regency of East Kutai to be joined as a party to an arbitration filed by a mining company against the Republic of Indonesia, finding that the company's acceptance of arbitration under a bilateral investment treaty did not include third parties (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - Several U.S. citizens and a Panamanian corporation on Dec. 31 filed a notice of intent to arbitrate claims against the Republic of Panama in the International Centre for Settlement of Investment Disputes (ICSID), seeking no less than $98,483,753 in damages in relation to a residential development that allegedly was invaded for illegal narcotics trafficking (Retire in Chiriqui, S.A., James Falgout, Barbara Falgout and Clarence Johnson v. The Republic of Panama, ICSID). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - An English justice on Feb. 15 granted a mining company's application to set aside an anti-suit injunction, finding that Zambian proceedings filed by the company were not in breach of various arbitration agreements (U&M Mining Zambia Ltd. v. Konkola Copper Mines plc, No. $(2013$) EWHC 260 $(Comm$), England and Wales High). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - After determining that the Dominican State has failed to honor an arbitration award, a District of Columbia federal judge on Feb. 21 granted a company's request for an award of fees that were incurred during proceedings to confirm the $42,547,577.84 international award (Concesionaria Dominicana De Autopistas Y Carreteras S.A. v. The Dominican State, No. 12-cv-1335, D. D.C.; 2013 U.S. Dist. LEXIS 24063; See January 2013, Page 7). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - In a majority ruling, a Florida court on Feb. 6 reversed a trial court's decision that confirmed an arbitration award in favor of a shareholder and a Nicaraguan joint venture in a dispute over commission payments for the sale of wind turbines, finding that the shareholder did not have the authority to file arbitration proceedings (Suzlon Energy A/S etc. v. Ventus De Nicaragua S.A., No. 3D11-1087, Fla. App., 3rd Dist.; 2013 Fla. App. LEXIS 1746). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2012%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - An English justice on Jan. 29 dismissed a company's appeal of an arbitration award issued in favor of the purchasers of wheat, finding that an export ban passed by the Russian government did not trigger a prohibition clause, which would have permitted cancellation of the contract (Bunge S.A. v. Nidera B.V., No. $(2013$) EWHC 84 $(Comm$), England and Wales High, Comm.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2013%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - An English justice on Feb. 1 remanded a shipping dispute to an arbitral tribunal on the issue of causation, finding that the tribunal consisted of three arbitrators, who were knowledgeable about shipping matters, and that the issue could best be determined by them (NYK Bulkship N.V. v. Cargill International S.A., No. $(2013$) EWHC 30 $(Comm$), England and Wales High, Commercial Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2014%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - After rejecting various objections asserted by the government of the Lao People's Democratic Republic and a Laos bank, a New York federal judge on Feb. 11 affirmed various discovery orders made by a magistrate judge that ordered production of information on bank accounts, among other items (Thai-Lao Lignite $(Thailand$) Co. Ltd., et al. v. Government of the Lao People's Democratic Republic, No. 10 Civ. 5256, S.D. N.Y.; See July 2012, Page 9). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2015%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - Chevron Corp.'s attempt to prevent discovery by the Republic of Ecuador for the Lago Agrio contamination and personal injury litigation is judicially estopped because Chevron argues contrary positions with respect to the threshold issue of whether the dispute is pending in an international tribunal, a unanimous Fifth Circuit U.S. Court of Appeals panel held Feb. 13 (Republic of Ecuador, et al. v. John A. Connor, et al., No. 12-20122 $(consolidated$), 5th Cir.; 2013 U.S. App. LEXIS 3087). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2016%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - After finding that the purchaser of a vessel provided no basis for why it would be entitled to interest in an escrow account that was created pending the outcome of arbitration, an English justice on Feb. 5 refused to set aside a second decision that was made in the case and that awarded accrued interest to the seller of the ship (Cadogan Maritime Inc. v. Turner Shipping Inc., No. $(2013$) EWHC 138 $(Comm$), England and Wales High, Commercial). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2017%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York federal judge on Feb. 15 granted a Canadian company's request to compel arbitration of a dispute over satellite communication services but refused to appoint an arbitral authority, finding that the authority must be appointed in accordance with the Rules of Conciliation and Arbitration of the United Nations Commission of International Trade Law (UNCITRAL Rules) (In the Matter of the Petition of the Arbitration Between Telesant Canada v. Planetsky, Ltd., No. 12 Civ. 3743, S.D. N.Y.; 2013 U.S. Dist. LEXIS 2120). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2018%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Louisiana federal judge on Jan. 30 stayed a maritime dispute pending the outcome of arbitration proceedings in London, finding that the defendants did not waive their right to arbitration by participating in the litigation (Amlin Corporate Insurance, et al. v. Green Arrow M/V, et al., No. 11-1417, E.D. La.; 2013 U.S. Dist. 13185). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2019%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' GREENBELT, Md. - A Maryland federal judge on Feb. 12 denied a law firm's motion to amend its complaint against a man it represented in a London arbitration action, finding that an amendment would further delay the case and prejudice the defendant (Speechly Bircham LLP, et al. v. Ekram J. Miller, No. 8:10-cv-03041, D. Md.; 2013 U.S. Dist. LEXIS 21003). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2020%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A Florida federal judge on Feb. 13 granted a cruise line's motion to compel arbitration of a seaman's injury-related claims, finding that the seaman agreed to arbitration when he signed the agreements and that none of his arguments was a valid defense to arbitration under the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards (Carlos Ballesteros v. NCL Bahamas Ltd., No. 12-24517, S. D. Fla.; 2013 U.S. Dist. LEXIS 19351). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2021%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A Florida federal judge on Feb. 8 granted a cruise line's motion to compel arbitration of a case filed by an employee who claims he suffered injuries aboard a ship, finding that the arbitration clause in his employment contract was enforceable (Alexandre X. Miranda v. NCL $(Bahamas$) Ltd., No. 12-23790, S.D.Fla.; 2013 U.S. Dist. LEXIS 17332). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2022%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' PASADENA, Calif. - An automaker may not compel arbitration of California unfair competition law (UCL) claims based on agreements involving consumers and the dealerships where they purchased their vehicles, a Ninth Circuit U.S. Court of Appeals panel held Jan. 30 (Jessica Kramer, et al. v. Toyota Motor Corp., et al., No. 12-55050, 9th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2023%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The United States told the U.S. Supreme Court on Jan. 29 in an amicus curiae brief that the Second Circuit U.S. Court of Appeals properly ruled that a mandatory class action waiver clause in American Express Co.'s (AmEx) standardized service contract violated the Federal Arbitration Act (FAA) because it prevented merchants from effectively vindicating their antitrust claims in any forum (American Express Company, et al. v. Italian Colors Restaurant, et al., No. 12-133, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2024%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Feb. 20 announced that the continuation of a hearing on objections to jurisdiction in a case filed against the Republic of Guatemala will take place on March 1 (TECO Guatemala Holdings, LLC v. Republic of Guatemala, No. ARB/10/23, ICSID). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2025%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - The New York International Arbitration Center (NYIAC) on Jan. 30 announced that it will officially open in the spring. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2026%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - Patton Boggs on Jan. 24 announced that Tomas Solis has been appointed as of counsel to the firm's international arbitration practice group. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=28-2%20Mealey%27s%20Intl.%20Arb.%20Rep.%2027%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' By Alexandre Malan Dallah v. Pakistan blatantly illustrates the discrepancy between French and British approaches to the question of extension of arbitration clauses to third parties - such as assignee, sub-contractor, companies within the same group of companies, representative - and evidences the liberalism of French Courts accepting this extension in cases where such third parties have not clearly expressed their consent to be bound by the arbitration clause contained in contracts they have not initially signed1. In this specific case, a contract was signed between Dallah, a Saudi company, and a trust constituted by the President of Pakistan, for the construction of a building for the lodging of Pakistani pilgrims in the Mecca (hereafter the "Contract"). A board had been appointed as trustee, the Minister of Religious affairs of Pakistan acting as secretary of the board. The trust had been instituted for a limited period of time with further renewal. This period had elapsed and the trust had then ceased to exist. Notwithstanding this, the Minister of Religious affairs addressed a termination letter to Dallah, and the following day summoned it to appear before the Pakistani Court on behalf of the trust. Dallah introduced an arbitration claim against the Pakistani State (considering that the trust was not existing any more) on the basis of the ICC clause contained in the contract. The Pakistani government maintained that it was not a party to the contract and contested the applicability of the arbitration clause.