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Recognition & Enforcement

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In North America

U.S.: Appellate court vacates corrected partial final arbitration award and final arbitration award on the grounds that the panel exceeded its authority by reconsidering its initial partial arbitration award.

by 4 Mins Read

Am. Int’l Specialty Lines Ins. Co. v. Allied Capital Corp., Index. No. 656341/16, 2018 NY Slip Op 07194 (N.Y. App. Div. Oct. 25, 2018) [click for opinion] This appeal arose out of the settlement of a separate litigation in which respondent Allied Capital Corporation (“Allied”) agreed to pay the government $10.1 million. Allied, which maintained two insurance policies with American International Specialty Lines Insurance Company (“AISLIC”), treated its payment of the $10.1 million as a…

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In Czech Republic

U.S.: D.C. Circuit Court of Appeals refuses to confirm arbitral award issued against the Czech Republic’s Ministry of Health, finding award was not binding on parties.  

by and 5 Mins Read

Diag Human S.E. v. Czech Republic – Ministry of Health, 907 F.3d 606 (D.C. Cir. Oct. 26, 2018) [click for opinion] The Czech Republic Ministry of Health (the “Czech Republic”) and blood plasma business Diag Human, S.E. (“Diag Human”), have been in a dispute spanning nearly three decades. The feud began after the Czech Republic’s then-Minister of Health, in the early 1990s, allegedly violated unfair competition laws by sending a letter to Diag Human’s major business…

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In North America

U.S.: District court holds that a change in damages theory cannot be the basis to vacate an arbitration award.  

by 3 Mins Read

Floridians for Solar Choice, Inc. v. PCI Consultants, Inc., No. 15-cv-62688 (S.D. Fla. June 11, 2018) [click for opinion] Plaintiff Floridians for Solar Choice (“FSC”) is a not-for-profit corporation formed for the purpose of qualifying a solar energy amendment in Florida’s general election in 2016. Defendant PCI Consultants, Inc. (“PCI”) is a national leader in obtaining signed petitions for ballot initiatives. In 2015, FSC and PCI entered into a series of contracts and amendments under…

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In Europe

Swiss Federal Supreme Court rules that arbitral awards against states can only be enforced in Switzerland if the underlying claim has a link to Switzerland

by 4 Mins Read

In a decision dated September 7, 2018 (case no. 5A_942/2017, selected for publication), the Swiss Federal Supreme Court issued a landmark decision on the enforcement of arbitral awards against state-owned assets located in Switzerland. The case revolved around a UNCITRAL award issued by an arbitral tribunal with its seat in Paris against a central Asian state. Based on this award, enforcement proceedings were initiated against real estate owned by the central Asian state in Switzerland. The…

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