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=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank THE HAGUE, Netherlands - After determining that various arguments made by the Republic of Ecuador for setting aside arbitration awards issued by the Permanent Court of Arbitration failed, a court for The Hague refused to set aside the awards, including a final award of $96,355,369.17 in favor of Chevron Corp. and Texaco Petroleum Co. (TexPet) (The Republic of Ecuador v Chevron Corporation [USA], Texaco Petroleum Co., Nos. 386934 / HA ZA 11-402 and 408948 / HA ZA 11-2813; See March 2012, Page 5). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OTTAWA, Ontario - The Supreme Court of Canada on May 11 dismissed an application filed by Mexico for leave to appeal a ruling that refused to set aside a $77,329,240 arbitration award issued against it under Chapter 11 of the North American Free Trade Agreement (NAFTA) and in favor of an agricultural products supplier (United Mexican States v. Cargill Inc., No. 34559, Canada Sup.; See October 2011, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on May 1 upheld a district court judge's decision to deny a request by the Government of Ghana for production of documents related to a settlement between a subcontractor and a company hired by Ghana to refurbish a power barge for use in a foreign proceeding, finding that Ghana was not entitled to the documents because the subcontractor is not a party to the foreign case (Government of Ghana v. ProEnergy Services LLC, et al., No. 11-2714, 8th Cir.; 2012 U.S. App. LEXIS 8809). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LONDON - An England and Wales appeals court on May 16 dismissed an appeal by a group of Brazilian companies against a justice's ruling that granted a request by various insurers to continue an anti-suit injunction that prohibits the insureds from pursuing litigation in Brazil (Sul Am[#233]rica Cia Nacional de Seguros S.A., et al. v. Enesa Engenharia S.A., et al., No. [2012] EWCA 638, England and Wales App.; See February 2012, Page 8). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A New York federal judge on April 27 granted a motion filed by the Republic of the Congo and a governmental department to transfer a case to a District of Columbia federal court, finding that a company seeking to confirm a default judgment for the payment of an arbitration award failed to show that the Congo had sufficient connections to New York (Commissions Import Export S.A. v. The Republic of the Congo, et al., No. 11-6176, S.D. N.Y.; 2012 U.S. Dist. LEXIS 59361). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LONDON - An English justice on April 26 granted an appeal of an arbitration award filed by the owner of a vessel, finding that a charterer was not entitled to return the vessel early under the terms of their agreement and breached the parties' contract (Isabella Shipowner SA v. Shagang Shipping Co. Ltd., No. [2012] EWHC 1077 [Comm], England and Wales High, Comm.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OAKLAND, Calif. - A California federal judge on May 1 adopted the report and recommendation of a magistrate judge that a London arbitration award issued in favor of a venture capital fund be confirmed and that the opposing party's motion to stay enforcement be denied (Injazat Technology Fund B.S.C. v. Hamid Najafi, et al., No. 11-4133, N.D. Calif.; 2012 U.S. Dist. LEXIS 60923; See March 2012, Page 13). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. LOUIS - A Missouri federal judge on May 11 dismissed a medicine franchise company's petition to stay arbitration proceedings filed against it by several companies, finding that whether the companies can pursue a joint arbitration case under several franchise agreements should be decided by an arbitrator (Medicine Shoppe International Inc. v. Bill's Pills Inc., et al, No. 4:12CV00158, E.D. Mo.; 2012 U.S. Dist. LEXIS 6639). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MIAMI - A Florida federal judge on March 30 granted a motion to remand an action filed by a crewman who alleges that he suffered injuries while working aboard cruise ships, and denied his employer's motion to compel arbitration of the case, finding that a jurisdictional requirement under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Convention) was not met (Thomas Hines v. Carnival Corp., No. 11-20862, S.D. Fla.; 2012 U.S. Dist. LEXIS 67335). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MIAMI - After a crewman seeking damages for injuries he allegedly sustained while working aboard a cruise ship failed to respond to a motion, a Florida federal judge on April 19 entered a default judgment granting the cruise line's motion to compel arbitration pursuant to the terms of a crewman's employment contract (Georgi Stankov v. Princess Cruise Lines Ltd., d/b/a Princess Cruises, No. 12-21079, S.D. Fla.; 2012 U.S. Dist. LEXIS 55239). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A federal judge in Louisiana ruled May 16 that the court had personal jurisdiction over a French company because the company had sufficient minimum contacts with Louisiana through its actions as a disability insurance plan administrator and that the plan's arbitration clause, which required a claimant appealing an adverse benefit determination to arbitrate in France and pay costs, was unenforceable under the Employee Retirement Income Security Act (Otha Michael Williams v. Association de Prevoyance Interentreprises, et al., No. 11-1664, E.D. La.; 2012 U.S. Dist. LEXIS 68488). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - DLA Piper on April 26 announced that two partners in the firm's international arbitration practice have received awards for legal writing. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - Winston & Strawn on April 13 announced that one of its partners has been appointed by the U.S. Council for International Business (USCIB) to serve a two-year term as a representative on the ICC Commission on Arbitration. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - Steptoe on May 15 announced that it has expanded its international and Latin American practices with the addition of a new partner. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Calvin A. Hamilton and Gabriela M. Torres I. Italian Arbitration And Italian Court Decree http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By AA de Fina1 General Environment It is difficult to identify the cause or causes of the highly infectious euphoria spreading widely throughout Australia in relation to arbitration, both international and domestic. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Darius Chan I. Background In yet another twist, the parties to an arbitration commenced in 2004 found themselves back in court for the second time. A dispute arose out of the sole arbitrator making an additional award of pre-award interest in favour of one party, three days after that party had written him and copied the opposing party. The Singapore High Court judgment in Lim Chin San Contractors v L W Infrastructure Pte Ltd [2012] SGHC 75 raises interesting issues of whether the additional award is a nullity and whether the additional award ought to be set aside for failing to observe the audi alteram partem rule. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Phillip Landolt Introduction With dispute resolution clauses in international contracts, the typical three-stage cascade of decision-making is i) arbitration or no arbitration, ii) if arbitration will it be institutional or ad hoc, and iii) if institutional which institution. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Colm P. McInerney I. Introduction In M.A. Mortenson Co. v. Saunders Concrete Co.,1 the U.S. Courts of Appeals for the Eighth Circuit has addressed the latest chapter in the development of the doctrine of separability in U.S. federal arbitration law. The court affirmed the district court's decision denying a challenge to an arbitration agreement, on the basis that the defendant-appellant had not challenged the specific arbitration clause at issue and thus it was for the arbitrator - not the court - to hear the challenge. This article examines the development of the separability doctrine under U.S. Supreme Court jurisprudence and how the Eighth Circuit's holding fits within that body of law. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-5%20Mealey%27s%20Intl.%20Arb.%20Rep.%2020%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Richard Allen and Ekaterina Finkel Overview The recent case of SGS v Paraguay1 has reignited the debate concerning interpretation of "umbrella clauses" in Bilateral Investment Treaties (BITs). In particular, the case provides a new perspective on the effect that a forum selection clause might have on the tribunal's jurisdiction over contractual claims under such treaties. Following a brief explanation of umbrella clauses and an analysis of the key cases in this area, we look at the SGS vParaguay case and draw out what we consider to be the main points that could have a bearing on the future of the umbrella clause in investor-state arbitration. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - Investors from the United States and the United Kingdom on March 1 filed a statement of claim in support of claims asserted against the Plurinational State of Bolivia under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) in relation to Bolivia's alleged expropriation of shares it held in an electric company (Guaracachi America, Inc. v. Plurinational State of Bolivia, UNCITRAL). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - The Second Circuit U.S. Court of Appeals on March 28 affirmed a ruling that denied a motion to compel arbitration filed by the Republic of Iraq, finding that Iraq could not invoke arbitration as a third-party beneficiary of a contract between various companies and the United Nations (The Republic of Iraq v. BNP Paribas USA, et al., No. 11-1356, 2nd Cir.; 2012 U.S. App. LEXIS 6264). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BRIDGEPORT, Conn. - A Connecticut federal judge on April 3 granted a petition to confirm an arbitration award issued pursuant to the United Nations Commission on International Trade Regulations and Law Arbitration Rules (UNCITRAL) in favor of a restaurant franchise company, finding that a woman who had contracted to operate one of the stores in Greece had previously forfeited her personal jurisdiction defense for improper service (Subway International B.V. v. Panayota Bletas, No. 3:10-cv-01715; D. Conn.; 2012 U.S. Dist. LEXIS 46960; See March 2011, page 15). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LONDON - An England and Wales justice on April 3 affirmed a tribunal's ruling, finding that insurers were not liable to indemnify a tanker company for costs of proceedings filed against it in Italy and that the tribunal had jurisdiction to award equitable damages (West Tankers Inc. v. Allianz SpA [formerly known as Riunione Adriatica Sicurta), [2012] EWHC 854 [Comm], England and Wales High, Comm.); See January 2012, Page 10). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - The 11th Circuit U.S. Court of Appeals on April 10 dismissed an appeal of a ruling that compelled arbitration of a seaman's injury-related claims against a cruise line, finding that he did not previously raise the issue of unconscionability and could not raise it for the first time on appeal (Roy David Castillo Arauz v. Carnival Corp., d.b.a. Carnival Cruise Lines Inc., Futura Cruises Inc., No. 11-13865, 11th Cir.; 2012 U.S. App. LEXIS 7116). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MIAMI - After determining that all jurisdictional requirements under the Convention on the Recognition and Enforcement of Foreign Arbitration Awards were met and that a seaman alleging injury-related claims against his employer failed to raise affirmative defenses, a Florida federal judge on April 2 granted a cruise line's motion to compel arbitration of the case (Gonzalo Lujan v. Carnival Corp., No. 11-23826, S.D. Fla.; 2012 U.S. Dist. LEXIS 45812). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MIAMI - A Florida federal judge on March 1 granted a cruise line's motion to dismiss a crewman's personal injury-related claims against it, finding that the employee was bound by an arbitration agreement in his employment contract (Maynor Centeno v. NCL [Bahamas] Ltd., No. 11-22163, S.D. Fla.; 2012 U.S. Dist. LEXIS 39741). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SYDNEY, Australia - After finding that an award issued by the London Court of International Arbitration (LCIA) in favor of a company that provides mining services was binding and that the opposing party breached a contract when it filed proceedings to vacate the award in India, an Australian justice on March 23 entered an order confirming and enforcing the award (Traxys Europe SA v Balaji Coke Industry Pvt Ltd, [No 2] [2012] FCA 276, Australia Fed.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LOUISVILLE, Ky. - A Kentucky federal judge on April 18 granted a trading company's motion to compel arbitration in Singapore of a dispute over a series of contracts for the trade of scrap metal but denied a portion of the motion that sought to dismiss the case for lack of personal jurisdiction (Industrial Services of America Inc. v. Abcom Trading Pte. Ltd., et al., No. 11-709, W.D. Ky.; 2012 U.S. Dist. LEXIS 55135). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SEATTLE - A Washington federal judge on April 11 granted a cruise line's motion to compel arbitration, finding an international relationship between the cruise line and customers that would have been sufficient to invoke application of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Richard and Loraine Gilroy v. Seabourn Cruise Line Ltd., d/b/a Seabourn Cruise Line, No. C12-107Z, W.D. Wash.; 2012 U.S. Dist. LEXIS 50346). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 announced that the Republic of South Sudan has ratified its convention. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - Foley Hoag on April 18 announced that it has appointed an Argentine lawyer and former diplomat to its International Litigation and Arbitration Practice in Washington. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HOUSTON - Hogan Lovells on April 2 announced that it has appointed a new partner to the firm's Litigation, Arbitration and Employment practice in Houston. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Calvin A. Hamilton and Alina Bondarenko I. Topics Covered Validity of the arbitration clause, along with incongruent extra petitum awards are matters frequently addressed in annulment proceedings (art. 41.1(a) and art.41.1 (c) of the Spanish Arbitration Act). In this month's commentary, we analyze both grounds raised in annulment proceedings brought before the Provincial Court at Valencia1. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Phillip Landolt Introduction Finality of international arbitration awards is often invoked by users as foremost among their reasons for choosing international arbitration. This limits the time and costs of obtaining an enforceable determination of one's rights. But the price of finality is that procedural abuses may be tolerated, and factually and legally inaccurate awards may be left undisturbed, and enforced. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Andy Moody and Cameron Forsaith The Philip Morris group has brought BIT proceedings against Uruguay (as a Swiss investor) and Australia (as a Hong Kong investor) in respect of those States' introduction of plain-packaging laws for the sale of tobacco. Although there are differences in the two States' legislation, both restrict tobacco companies from differentiating their products through packaging.1 The two proceedings are effectively test cases against the introduction of plain-packaging regulations throughout the rest of the world, and raise issues considered by both the tobacco industry2 and anti-tobacco lobby groups3 for some twenty years. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-4%20Mealey%27s%20Intl.%20Arb.%20Rep.%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Yanming Huang Abstract Cases discussed in this article reveal that while in dealing with the matters relating to commercial arbitration, some Chinese companies and their staff are short of ability and experience in choosing a suitable arbitral institution, unable to properly deal with some aspects such as to have the terms and conditions in their contracts correctly worded and unaware of other factors regarding to arbitration, such as applicable law, treaty or convention and rules. And they even don't know that they are in a position to request the other party to produce evidence of force majeure. Worse still, when they intend to make some claims, they would have got no supporting evidence ready. The article also reveals that some Chinese persons (firms and corporations) are unable to judge the validity of a pathological arbitration clause or applying wrong criteria and unable to express their ideas in proper English. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - After finding that the Republic of Paraguay violated a bilateral investment treaty, a tribunal for the International Centre for Settlement of Investment Disputes on Feb. 10 awarded a Swiss company $39,025,950.86 in damages in a dispute over unpaid invoices for technical services (SGS Soci[#233]t[#233] G[#233]n[#233]rale de Surveillance S.A. v. The Republic of Paraguay, No. ARB/07/29, ICSID). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on Feb. 27 issued a third interim award, finding that it has jurisdiction to proceed over arbitration claims asserted by Chevron Corp. and Texaco Petroleum Co. (TexPet) against the Republic of Ecuador, and noted that the case will now proceed to the merits phase (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=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A U.S. appeals court on Feb. 28 affirmed a district court's ruling that a U.S. company had a private cause of action under a treaty between the United States and the Islamic Republic of Iran, when construed as Iranian law, affirming an award of damages in its favor in relation to the expropriation of an investment the company held in Iran, but remanded the case for recalculation of interest (McKesson Corp., et al. v. Islamic Republic of Iran, et al., No. 10-7174, D.C. Cir.; 2012 U.S. App. LEXIS 3940; See April 2008, page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 2 released its decision to dismiss a proposal to disqualify an arbitrator filed by the Bolivarian Republic of Venezuela in a case, finding that the arbitrator had properly disclosed a merger (ConocoPhillips Company, et al. v. The Bolivarian Republic of Venezuela, No. ARB/07/30, ICSID). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A group of pharmaceutical companies and an investor on Feb. 29 filed a request for arbitration against the United States of America in the International Centre for Settlement of Investment Disputes (ICSID), asserting violations of the North American Free Trade Agreement (NAFTA) in relation to an import alert measure taken by the United States regarding two Canadian facilities operated by one of the companies (Apotex Inc. v. The Government of the United States of America, ICSID). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on March 16 affirmed a federal judge's ruling that a ship worker must arbitrate his injury-related claims against his former employer and the vessel's owner in the Philippines under his employment contract but vacated a decision dismissing the case and remanded the action for reassessment of the worker's request for injunction (Potenciano L. Aggarao Jr. v. Mol Ship Management Company Ltd., No. 10-2211, 4th Cir.; 2012 U.S. App. LEXIS 5525; See October 2010, Page 15). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A Louisiana federal judge granted a Chinese shipping company's motion to dismiss a petition to confirm an arbitration award issued in favor of several companies that contracted with it to build four vessels, finding that the court lacked personal jurisdiction over the company (In the Matter of the Arbitration Act of 1996 and in the Matter of an Arbitration Between; Covington Marine Corp., et al. v. Xiamen Shipbuilding Industry Co. Ltd., et al., No. 09-7041, E.D. La.; 2012 U.S. Dist. LEXIS 33867). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. LOUIS - After determining that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards applied to an arbitration award issued in favor of a United Kingdom company in London, a Missouri federal judge on March 12 found that confirmation was not time-barred and confirmed the award (Ocean Partners Holdings Limited, et al. v. Doe Run Resources Corp., No. 4:11-CV-173, E.D. M.O.; 2012 U.S. Dist. LEXIS 32732). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN JOSE, Calif. - A California federal magistrate judge on March 9 recommended that a London arbitration award issued in favor of a venture capital fund be confirmed and enforced, even though the opposing party never consented to the judge's jurisdiction over the case (Inzajat Technology Fund B.S.C. v. Hamid Najafi, No. C11-04133, N.D. Calif.; 2012 U.S. Dist. LEXIS 32068). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DETROIT - A Michigan federal judge on March 16 confirmed an arbitration award issued in favor of an equity company in a dispute under an engagement agreement and denied a Chinese automotive company's petition to vacate the award and a previous appeal that upheld the award (Stonebridge Equity LLC v. China Automotive Systems Inc., No. 09-11541, E.D. Mich.; 2012 U.S. Dist. LEXIS 35743). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW HAVEN, Conn. - A Connecticut federal judge confirmed an arbitration award issued pursuant to the United Nations Commission on International Trade Regulations and Law Arbitration Rules (UNCITRAL) in favor of a restaurant franchise in a dispute over royalties and fees, finding that a woman who contracted to operate a location in Greece failed to raise her current fraud claims during arbitration (Subway International B.V. v. Panayota Bletas, No. 3:10-cv-01715; D. Conn., 2012 U.S. Dist. LEXIS 33341; See August 2011, Page 14). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank AUSTIN, Texas - A Texas federal judge on Jan. 20 ordered that a petroleum company and two Albanian entities arbitrate a mineral rights dispute and granted the company's request for an injunction enjoining the entities from awarding or transferring any right to explore the Albanian areas in dispute for the production of petroleum until the dispute is arbitrated pursuant to the United Nations Commission on International Trade Law (UNCITRAL) (Sky Petroleum Inc. v. Ministry of Economy, Trade and Energy of Albania, et al., No. 1:12-cv-00023, W.D. Texas). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. LOUIS - A Missouri federal judge on March 14 granted a motion to stay a case filed by Peruvian children who allege they suffered injuries as a result of toxic exposures from a mine in Peru, pending appeal to a U.S. appeals court of the judge's previous decision to refuse their application to stay the case pending international arbitration and finding that the children were not bound by arbitration (A.O.A., et al. v. Doe Run Resources Corporation, et al., Nos. 4:11CV44 CDP,4:11CV45 CDP,4:11CV46 CDP,4:11CV47 CDP,4:11CV48 CDP,4:11CV49 CDP,4:11CV50 CDP,4:11CV52 CDP,4:11CV55 CDP,4:11CV56 CDP,4:11CV59 CDP, E.D. Mo.; 2011 U.S. Dist. LEXIS 140562; See December 2011, Page 5). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LONDON - An English justice on March 13 dismissed an appeal of an arbitration award filed by the owner of a vessel and issued in favor of a shipping company that chartered the vessel to transport coal, finding that under a charterparty, the vessel was off-hire during a period that it was hijacked by pirates (Osmium Shipping Corp. v. Cargill International SA, No. [2012] EWHC 571 [Comm], England and Wales High, Comm. Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A New York federal judge on March 20 stayed a case pending arbitration in the International Chamber of Commerce (ICC), finding that certain claims asserted by a guarantee company in a dispute under an insurance agreement were arbitrable (Syncora Guarantee Inc. v. HSBC Mexico, S.A, et al., No. 11-5353, S.D. N.Y.; 2012 U.S. Dist. LEXIS 39317). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TRENTON, N.J. - A New Jersey federal judge on March 5 ordered two companies in a dispute over commission payments on freight charters and other payments to complete additional discovery on issues presented in a motion to dismiss an amended complaint (Innospec Fuel Specialties LLC v. Isochem North America LLC, No. 10-1642, D. N.J.; 2012 U.S. Dist. LEXIS 28944). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - After determining that a New York federal court lacked jurisdiction to compel discovery from a foreign government under U.S. law, a judge on March 19 denied a motion that sought certain discovery from the government of the Lao People's Democratic Republic for aid in a French proceeding in which the companies seek to confirm the arbitration award in their favor (Thai-Lao Lignite [Thailand] Co. Ltd., et al. v. Government of the Lao People's Democratic Republic, No. 11-4363, S.D. N.Y.; 2012 U.S. Dist. LEXIS 37915; See November 2011, Page 6). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - Goldberg Segalla on March 13 announced that the firm will expand internationally with the opening of an office in London. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LONDON - King & Spalding on March 12 announced that it has recruited two new partners in its London office. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2020%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Calvin A. Hamilton and Gabriela M. Torres I. English Judgment on an Arbitration Award Enforceable in Spain? http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2021%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Christian Dorda and Veit [#214]hlberger Introduction The following article presents a commentary on recent arbitration-related decisions by the Austrian Supreme Court and is the third of an annual contribution1 that provides readers with a "Vienna Perspective" on issues relevant for international arbitration. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=27-3%20Mealey%27s%20Intl.%20Arb.%20Rep.%2022%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank By Darius Chan I. Introduction Following a previous round of amendments in 2009 that came into effect on 1 January 2010, the Singapore Ministry of Law published further proposed amendments to Singapore's International Arbitration Act ("the IAA") on 8 March 2012. The proposals took into account views garnered from a public consultation process. There are four key proposals in this round of amendments summarized below. This note also briefly compares the proposals against Hong Kong's Arbitration Ordinance ("the AO") that came into force on 1 June 2011.