The Energy Charter Treaty (“ECT”) is a multi-national agreement that entered into force in 1998. It is designed to establish an international framework for cooperation in the energy industry, with a focus on the Eurasian energy market. It focuses on facilitating trade, protecting investments and managing disputes. Only recently, there have been several new developments regarding the ECT. Many European countries like Spain have been sued from investors for their solar energy reforms. A few…
In re Sussex, No. 14-70158 (9th Cir. Jan. 27, 2015), a recent case in the Ninth Circuit Court of…
Ecopetrol S.A. and Korea National Oil Corporation v. Offshore Exploration and Production LLC, No. 14-cv-529 (S.D.N.Y. Sept. 10,…
In Sheldon Stone v. Theatrical Investment Corp., No. 14 Civ. 6494 (S.D.N.Y. Dec. 2, 2014), the U.S. District Court for the Southern District of New York afforded “strong deference” to an arbitrator’s conclusions, deflecting several challenges to the award, including a challenge to the arbitrator’s authority under New York law to appoint a receiver to collect and administer future distributions. Plaintiff, Sheldon Stone, on behalf of the Stone Family Trust (“SFT”), filed suit seeking confirmation of an arbitration award…
In a recent decision, Citigroup, Inc. v. Abu Dhabi Inv. Auth., No. 13-4825-cv, 2015 U.S. App. LEXIS 549…
What are the differences between the most popular international arbitration rules. You find an updated version of our…
In Seagate Technology, LLC v. Western Digital Corp., No. A12-1944 (Minn. Oct. 8, 2014), the Minnesota Supreme Court confirmed a AAA award of over $500 million after determining that the arbitrator did not exceed his authority in issuing punitive sanctions for the fabrication of evidence by a party. Case Background Sining Mao (“Mao”) was a former director at Seagate, a hard drive company, who worked on technology to improve storage capacity. When Mao joined Seagate,…
In VRG Linhas Aéreas S.A. v. MatlinPatterson Global Opportunities Partners II L.P., No. 11 Civ. 0198 (S.D.N.Y. Oct.…
In Flintkote Co. v. Aviva PLC, No. 13-4055 (3d Cir. Oct. 9, 2014), the Third Circuit Court of…
In DRC, Inc. v. Republic of Honduras, No. 10-0003 (D.D.C. Oct. 23, 2014), the U.S. District Court for the District of Columbia refused to exercise jurisdiction over an enforcement action brought against the Republic of Honduras. The court found that the arbitration exception to the Foreign Sovereign Immunities Act did not apply where Honduras was not a party to the arbitration and the award was rendered against a separate and independent legal entity. Case Background…