BRUSSELS, Belgium - The Russian Federation and the International Centre for Legal Protection (ICLP) on Nov. 2 announced that Yukos Universal Limited (YUL) has decided not to pursue enforcement of part of $50 billion in overturned international arbitral awards issued in its favor.
ATLANTA - An insolvent insurer's liquidator did not waive sovereign immunity under the Insurers Rehabilitation and Liquidation Act as to claims for payment of administrative expenses and attorney fees, a Georgia appeals panel ruled Oct. 31 (State of Georgia, et al. v. International Indemnity Co., Nos. A17A1195 & A17A1196, Ga. App., 2017 Ga. App. LEXIS 543).
NEW YORK - In a Nov. 2 summary order, a Second Circuit U.S. Court of Appeals panel found that a breach of contract claim over problems with the website and app of Weight Watchers International Inc. failed because the site was offered on an "as is" basis, affirming a trial court's dismissal of a putative class action (Raymond M. Roberts v. Weight Watchers International Inc., No. 16-3865, 2nd Cir., 2017 U.S. App. LEXIS 21874).
PARIS - The International Court of Arbitration for the International Chamber of Commerce (ICC) on Nov. 1 announced that it has reached an agreement that will assist in meeting growing dispute resolution needs in Asia.
DENVER - A Utah federal judge's decision to deny The SCO Group Inc. leave to amend its tortious interference complaint against International Business Machines Corp. (IBM) to add a new claim for copyright infringement was affirmed Oct. 30 by the 10th Circuit U.S. Court of Appeals (The SCO Group Inc. v. International Business Machines Corp., No. 16-4040, 10th Cir., 2017 U.S. App. LEXIS 21487).
NEW YORK - A district court properly found that an insurer did not act in bad faith when handling an insurer's claim related to the settlement of an underlying personal injury suit arising out of a boating accident because the insured failed to prove that the insurer acted with gross disregard of the insured's interest, the Second Circuit U.S. Court of Appeals said Oct. 27 (Sea Tow International Inc. v. St. Paul Fire & Marine Insurance Co., et al., No. 16-3672, 2nd Cir., 2017 U.S. App. LEXIS 21308).
MIAMI - A Florida federal magistrate judge on Oct. 25 declined to dismiss a counterclaim filed by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire, finding that the defendant has met its requirement of showing that the lead named plaintiff may be liable for contributory fault in the misfiring of her gun (Suzanne M. Bedwell, et al. v. Braztech International, L.C., No. 17-22335, S.D. Fla., 2017 U.S. Dist. LEXIS 176718).
WASHINGTON, D.C. - The International Centre for Settlement Of Investment Disputes (ICSID) on Oct. 25 registered a request by the former owner of a Chilean newspaper and his foundation to annul an award that dismissed their claims for damages in the amount of $422 million against the Republic of Chile in relation to the military's seizure of the newspaper (Victor Pey Casado and Foundation Presidente Allende v. Republic of Chile, No. ARB/98/2, ICSID).
SINGAPORE - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 24 released an order sustaining an objection by the Lao People's Democratic Republic to the addition of a new claim asserted by a gaming industry investor, finding that the dispute was limited to the claims that were asserted in the company's notice of arbitration (Lao Holdings N.V. v. Lao People's Democratic Republic, No. ARB[AF)/16/2], ICSID).
WILMINGTON, Del. - Reorganized chemical conglomerate W.R. Grace & Co. will receive an additional $1.6 million tax refund from the U.S. government after a Delaware federal bankruptcy judge found Oct. 23 that the Internal Revenue Service used the wrong percentage rate when figuring the refund (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy, 2017 Bankr. LEXIS 3679).
DENVER - The 10th Circuit U.S. Court of Appeal on Oct. 23 determined that a district court did not err in granting summary judgment in favor of a retirement benefit plan because the plan participant failed to prove that the plan's reporting to the Internal Revenue Service of an uncashed check of the participant's lump-sum retirement benefits distribution was fraudulent or in violation of the Employee Retirement Income Security (Kenton W. Stephens v. Alliant Techsystems Corp., et al., No. 17-4002, 10th Cir., 2017 U.S. App. LEXIS 20713).
NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Oct. 23 found that a district court erred when it granted an ex parte petition filed by a group of Swedish investors to confirm a $185,530,618 international arbitral award issued against Romania, finding that the court erred in concluding that the Foreign Sovereign Immunities Act (FSIA) did not apply (Ioan Micula, et al. v. Government of Romania, No. 15-3109-cv, 2nd Cir.).
LOS ANGELES - The parties in the long-running Tibble v. Edison International case filed a joint stipulation in a California federal court on Oct. 16 stating that the defendants will pay the class counsel $5.8 million in attorney fees and costs as long as the court approves the award (Glenn Tibble, et al. v. Edison International, et al., No. 07-5359, C.D. Calif.).
WASHINGTON, D.C. - A British petroleum company on Oct. 18 announced that an international arbitration center has registered its request for arbitration against the Republic of Gambia (African Petroleum Gambia Limited and APCL Gambia B.V. v. Republic of The Gambia, No. ARB/17/38, ICSID).
WASHINGTON, D.C. - A limited exclusion order entered by the International Trade Commission (ITC) against Arista Networks Inc. based upon findings that Arista infringed three Cisco Systems Inc. patents was upheld Oct. 18 by the Federal Circuit U.S. Court of Appeals, which found no error in the ITC's determination of infringement (Arista Networks Inc. v. International Trade Commission, No. 16-2563, Fed. Cir.).
NEW YORK - The Ministry of Defense of the Bolivarian Republic of Venezuela on Oct. 16 moved a New York federal court to dismiss a petition filed by a Canadian company that seeks to obtain payment from a trust held by a bank to satisfy a $1.2 billion arbitral award, arguing that the requested assets are immune from execution under the Foreign Sovereign Immunities Act (FSIA) (Crystallex International Corp. v. The Bank of New York Mellon, No. 1:17-cv-07024, S.D. N.Y.).
CHICAGO - Material fact issues remain as to when a contractor knew of a construction defects claim under a performance bond, an Illinois federal judge ruled Oct. 10, denying summary judgment on a surety's statute of limitations defense (James McHugh Construction Co. v. International Fidelity Insurance Co., No. 14-02399, N.D. Ill., 2017 U.S. Dist. LEXIS 166729).
LONDON - The London Court of International Arbitration (LCIA) on Oct. 3 released its report on costs and duration analysis, reporting that its tribunal and administrative costs remain lower than other leading arbitral institutions.
ATHENS, Greece - A middle eastern shipbuilder on Oct. 5 announced that an international arbitral tribunal has awarded it 200 million Euros in an arbitration with the Hellenic Republic.
BOSTON - The First Circuit U.S. Court of Appeals on Sept. 29 affirmed a federal district court's finding that under the principles of res judicata, it was bound by a Georgia court judgment in favor of a cleaning franchisor in a dispute over the unit franchisee's classification for the purposes of employment benefits, saying the franchisee has "already had his bite at the apple and is not entitled to yet another" (Giovani Depianti, et al. v. Jan-Pro Franchising International, Inc., No. 16-2256, 1st Cir., 2017 U.S. App. LEXIS 18890).
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Oct. 2 announced that it has appointed a new president, vice president and five new tribunal members.
PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 28 issued its award in a dispute over exploration rights, ordering the Republic of Kazakhstan to pay an international oil company $39.2 million in damages (Caratube International Oil Company LLP & Mr. Devincci Salah Hourani v. Republic of Kazakhstan, No. ARB/13/13, ICSID).
ALEXANDRIA, Va. - In a Sept. 25 final written decision, the Patent Trial and Appeal Board found that four claims of a Sony Corp. patent directed to a method for swift selection of a desired television channel would have been obvious over a combination of four pieces of prior art (Arris International PLC v. Sony Corporation, No. IPR2016-00835, PTAB).