arbitration

August 10, 2017

Article: US Courts Generally Refuse to Second-Guess Foreign Arbitral Decisions

U.S. courts generally will not second-guess decisions issued by foreign arbitral tribunals. The ruling issued on July 7, 2017 by the U.S. Court of Appeals for the D.C. Circuit in Getma International v. Republic of Guinea, Case No. 16-7087, is […]

October 26, 2016

Case Watch: Stati v. Kazakhstan

On August 5, 2016, in Stati v. Kazakhstan, 1:14cv1638 (D.D.C.), the U.S. District Court for the District of Columbia issued an opinion finding jurisdiction in a case involving an arbitration award, but staying the proceeding pending final resolution of the […]

November 23, 2015

Gold Reserve v. Venezuela

In Gold Reserve, Inc. v. Venezuela, Case No. 1:14-cv-02014, petitioner Gold Reserve, a Canadian mining company, sought to confirm its $700 million arbitral award against Venezuela in U.S. court. On November 20, 2015, the district court granted Gold Reserve’s request […]

March 31, 2015

Case Watch: Tidewater v. Venezuela

On March 23, 2015, the Bolivarian Republic of Venezuela moved to vacate a judgment entered against it in Tidewater Investment SRL v. Bolivarian Republic of Venezuela, Case No. 1:15-cv-1960 (S.D.N.Y.). The case arises out of an ICSID arbitration in which […]

February 23, 2015

Case Watch: Miminco LLC v. Congo

On February 9, 2015, in Miminco LLC v. Democratic Republic of the Congo (“DRC”), 1:14-cv-01987, the U.S. District Court for the District of Columbia ordered a $13 million ICSID award against the DRC to be recognized as if it were […]

April 2, 2014

Case Watch: BG Group PLC v. Argentina

Last year, I wrote a Case Watch on BG Group PLC v. Republic of Argentina, Case No. 12-138 (Sup. Ct.), an arbitration case then pending before the U.S. Supreme Court. I noted that the case was important to foreign states […]

January 7, 2014

Case Watch: Funnekotter v. Agricultural Development Bank of Zimbabwe

In Funnekotter v. Agricultural Development Bank of Zimbabwe, 2013 U.S. Dist. LEXIS 164496 (S.D.N.Y. Nov. 15, 2013), a group of plaintiffs won an ICSID arbitration against Zimbabwe for unlawful expropriation in violation of a bilateral investment treaty. The U.S. District […]

August 27, 2013

Case Watch: BG Group PLC v. Republic of Argentina

In June 2013, the U.S. Supreme Court granted certiorari in BG Group PLC v. Republic of Argentina, Case No. 12-138. The case involves interpretation of arbitration agreements. This issue is of great importance to foreign states because, under the Foreign […]

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