Mealey's International Arbitration : Mealey's : Legal News & Analysis

Mealey's International Arbitration

December 09, 2025
5th Circuit Says State Law Bars Arbitration Of Hurricane Policy Dispute

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Dec. 8, applying a Louisiana Supreme Court ruling on certified questions of law regarding the arbitrability of insurance disputes, affirmed a lower court’s denial of domestic insurers’ motion to compel arbitration of a Louisiana town’s claims for damages, breach of contract and bad faith after finding that the participation of foreign insurers in the policy does not require the court to apply the New York Convention.
December 09, 2025
Tribunal Says Netherlands Should Suspend Litigation Opposing Oil Arbitration

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published two procedural orders in a dispute between a Belgian oil company and the Kingdom of the Netherlands over the termination of drilling at a Dutch oilfield after local complaints of earthquakes, with the tribunal directing the Netherlands to halt domestic litigation against the oil company and declining the oil company’s request that it order the Netherlands to not impose new levies on it.
December 08, 2025
Shareholders Defend $57B Arbitral Award Against Russia Before High Court

WASHINGTON, D.C. — The oil company shareholders who won an arbitral award against the Russian Federation worth $57 billion on Dec. 5 filed a brief in the U.S. Supreme Court opposing Russia’s petition for a writ of certiorari, writing that the District of Columbia Circuit U.S. Court of Appeals’ decision vacating the denial of Russia’s motion to dismiss properly applied the Foreign Sovereign Immunities Act (FSIA) to the question of whether an arbitration agreement exists.
December 01, 2025
Split Tribunal Says $2.7B Land Seizure Claim Against Mexico Untimely Under NAFTA

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 26 published a split tribunal’s award dismissing for lack of jurisdiction a Michigan-based company’s claim for $2.7 billion in damages against the United Mexican States for expropriation of its Mexican farmland and ordered it to pay Mexico more than $1 million in attorney fees, with the majority opining that the claim was untimely under the North American Free Trade Agreement (NAFTA).
November 26, 2025
Chinese National Tells High Court Arbitrator ‘Misbehavior’ Tainted $55M Award

WASHINGTON, D.C. — A Chinese national who resides in California urges the U.S. Supreme Court in a petition for a writ of certiorari to review a ruling affirming the confirmation of a Chengdu Arbitration Commission (CAC) arbitral award worth more than $55 million against him despite a “rogue” arbitrator on the tribunal who “misbehaved” by traveling, using a restroom and talking to third parties during a hearing, which the petitioner says warrants vacatur.
November 26, 2025
ICSID Tribunal Dismisses U.S. Investor’s $644M Claim Against Nicaragua

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 25 published a tribunal’s award rejecting all claims against the Republic of Nicaragua for causing an American investor $644 million in damages after finding that paramilitary activities that damaged an avocado plantation were not attributable to state organs of Nicaragua.
November 26, 2025
Judge Approves $5.8B Bid By Hedge Fund Subsidiary For Venezuelan Oil Assets

WILMINGTON, Del. — A federal judge in Delaware on Nov. 25 granted approval to a $5.8 billion bidder for oil assets in an auction of assets belonging to the Bolivarian Republic of Venezuela and its affiliates, which the court ordered attached to satisfy confirmed international arbitration awards and bond debts worth more than $22 billion, with the judge writing that a hedge fund subsidiary offered “the only Qualified Bid before the Court.”
November 25, 2025
ICSID Tribunal Dismisses Sultan’s Heirs’ $18B Claim Against Spain

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 24 published a partly redacted award in which a tribunal dismissed as “manifestly without legal merit” an arbitration claim brought against the Kingdom of Spain by the heirs of a sultan claiming entitlement to a controversial $18 billion award for breach of a lease from 1878.
November 25, 2025
Judge Applies Federal, Not ICSID, Postjudgment Interest Rate To Award

WASHINGTON, D.C. — A District of Columbia federal judge on Nov. 24 ruled that postjudgment interest should accrue on a confirmed International Centre for Settlement of Investment Disputes (ICSID) arbitral award against the Kingdom of Spain worth more than 28 million euros plus interest at the federal statutory rate, not the post-award rate ordered by the tribunal, rejecting an issue of first impression regarding the merger doctrine’s applicability to the issue.
November 24, 2025
Investors Say Court Should Enforce Awards Against Spain Worth 100M Euros

WASHINGTON, D.C. — Two European investors filed a joint brief opposing the Kingdom of Spain’s motion to dismiss their consolidated petitions seeking enforcement of arbitral awards issued in their favor by the Stockholm Chamber of Commerce (SCC) against Spain collectively worth more than 100 million euros and later annulled by Swedish courts, writing that governing precedent supports enforcement.
November 13, 2025
COMMENTARY: Summarising With AI, Reviewing With Care: The Use Of AI By Arbitrators – And What That Means For Advocates

By Fiona Cain, Jack Spence, Michael Mazzone and Harry Phillips
November 21, 2025
English Investor Seeks To Confirm $1.12M Award Against Afghanistan

WASHINGTON, D.C. — A London-based investor on Nov. 20 filed a petition in the District of Columbia federal court to confirm an arbitral award in its favor worth more than $1.12 million against the Islamic Republic of Afghanistan and a state agency for disputes arising out of a $1.2 billion electricity transfer project.
November 21, 2025
Venezuela, Affiliates Move To Stay Auction Pending Appeal On Alleged Conflicts

WILMINGTON, Del. — The Bolivarian Republic of Venezuela and its affiliates on Nov. 20 filed a motion in Delaware federal court for an administrative stay of a pending auction of their assets to satisfy international arbitration awards and bond debts worth more than $22 billion pending their appeal of a judge’s recent order denying a motion to disqualify himself, the court-appointed special master and the special master’s advisers due to alleged conflicts of interest.
November 21, 2025
Tribunal Declines To Sanction Azerbaijan Over Detention Of Dead Investor’s Son

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 20 published a tribunal’s decision in which it denied a request by U.K. investors to sanction Azerbaijan for its “brazen disregard” of the tribunal’s orders that it lift a travel ban on a dead U.K. investor’s son and denied Azerbaijan’s request that it reconsider the order directing it to lift the travel ban.
November 19, 2025
Spain Seeks To Quash Subpoena For Financial Records In 79M Euro ICSID Award Row

WASHINGTON, D.C. — The Kingdom of Spain on Nov. 18 moved in District of Columbia federal court to quash a subpoena for records of wire transfers involving dozens of Spain-related entities, writing that the motion is a premature and unreasonable effort to enforce a confirmed International Centre for Settlement of Investment Disputes (ICSID) arbitral award against Spain worth more than 79.5 million euros.
November 17, 2025
Mexico’s Request To Suspend British-Chinese Mining Arbitration Denied

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 14 published a tribunal’s order denying the United Mexican States’ request to suspend an arbitration brought against it by British and Chinese lithium mining investors pending the potential consolidation of the arbitration with a recently filed claim brought by British parties who previously claimed an interest in the investors’ royalties, writing that suspension is not yet warranted.
November 14, 2025
Judge Confirms $10.9M Award Against German Insurer In Favor Of Singaporean Company

NEW YORK — A New York federal judge on Nov. 13 confirmed an arbitral award that, with interest, is worth more than $11 million in favor of a Singaporean company for a dispute over directors and officers (D&O) coverage allegedly owed by its German excess insurer, which had unsuccessfully moved to vacate the award.
November 14, 2025
Sierra Leone, Law Firm Settle Dispute Over $8.1M Arbitral Attorney Fees Dispute

WASHINGTON, D.C. — A District of Columbia federal judge on Nov. 14 entered a minute order granting a motion to stay a complaint filed by Jenner & Block LLP against the Republic of Sierra Leone for $8.1 million in attorney fees the firm incurred representing the country in two international arbitration disputes against a mining company, the day after the parties announced they had reached a settlement in principle.
November 14, 2025
Judge Denies Disqualification Of Special Master From Venezuela Oil Shares Auction

WILMINGTON, Del. — The federal judge in Delaware overseeing an auction of Venezuelan oil shares to satisfy confirmed international arbitration awards and civil judgments against Venezuela worth more than $22 billion on Nov. 13 denied motions to disqualify himself, a court-appointed special master who recently recommended the court favor a $5.8 billion bid for Venezuela’s oil shares or the special master’s advisers filed by Venezuela, its affiliates and a rejected bidder.
November 13, 2025
EU Investors Can’t Assign ICSID Award To Delaware Entity, English Judge Says

LONDON — An English judge sitting in the High Court of England and Wales ruled in favor of the Kingdom of Spain and said an International Centre for Settlement of Investment Disputes (ICSID) award against Spain worth more than 33 million euros cannot be assigned by two European renewable energy investors to an American entity under the ICSID Convention or English law.
November 12, 2025
Magistrate Recommends Confirming Award Including $118K In Attorney Fees

MIAMI — A Florida federal magistrate judge recommended confirming an International Chamber of Commerce (ICC) award in which a tribunal resolved a Venezuelan airline shareholder dispute and ordered the respondent to pay more than $118,000 in attorney fees for “‘reproachable’” conduct. The magistrate did not recommend awarding more attorney fees after finding that the respondents’ litigation tactics were valid and that any conduct issues were already penalized by the tribunal.
November 11, 2025
Investor Defends $303M NAFTA Claims In Mexican Railway Dispute

WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 10 published an American investor’s countermemorial opposing the United Mexican States’ arguments that a tribunal lacks jurisdiction over his North American Free Trade Agreement (NAFTA) claims against it for the rescission of a railway concession agreement, writing that he is a protected investor under NAFTA and never waived his right to arbitrate.
November 06, 2025
Ghanaian Internet Company’s Guarantor Pays Off Arbitral Award Worth $59M

NEW YORK — The U.S. District Court for the Southern District of New York on Nov. 5 entered the satisfaction of a judgment worth more than $59 million reflecting a federal judge’s confirmation of a London Court of International Arbitration (LCIA) award against the guarantor of a Ghanian high-speed internet network company for defaulting on a loan issued to it by a South African partnership.
November 06, 2025
Russia Tells High Court Arbitration Agreement Excluded Investors Who Won $57B

WASHINGTON, D.C. — The Russian Federation, after winning vacatur of the denial of its motion to dismiss a petition to confirm arbitral awards against it worth more than $57 billion, urges the U.S. Supreme Court in a petition for a writ of certiorari to review a circuit court conflict over whether the Foreign Sovereign Immunities Act (FSIA) requires courts reviewing jurisdiction to determine if the parties are the beneficiaries of an arbitration agreement.