Texas Court of Appeals, Third District, 8 August 2018, Dixie Equipment, LLC and Dixie Turbine Services, LLC v. Energia de Ramos, S.A.P.I de C.V. f/k/a Deacero Power S.A.P.O de C.V.

Dixie Equipment, LLC and Dixie Turbine Services, LLC (“Appellants”) and Energia de Ramos, S.A.P.I de C.V.f/k/a Deacero Power S.A.P.I de C.V (“Respondent”) entered into two agreements in 2012 and 2013 dealing with the construction of a power plant in Mexico. Both of these contracts contained an arbitration clause. After the disputes arose between the parties, [...]

United States Court of Appeal for the District of Columbia, 3 July 2018, The Republic of Argentina v. AWG Group Ltd, no. 16-7134

A US Court of Appeals upholds a district court’s decision to enforce a US$21 million UNCITRAL award against Argentina. In 1993, Argentina awarded a contract to a consortium of seven companies, including AWG Group which provided for investment in and operation of Argentina’s water services. In response to the 2001 economic crisis, Argentina froze the [...]

United States District Court for the Southern District of Florida, 18 June 2018, Grupo Unidos Por El Canal, S.A. and Sacyr, S.A. v. Autoridad del Canal de Panama, no. 17-23996-Civ-Scola

Claimants, Grupo Unidos Por El Canal, S.A. (“GUPC”) and Sacyr, S.A. initiated an action requesting that the Court annul a final arbitral award. The underlying dispute arose in connection with a construction project in the Panama Canal. GUPC is the contractor, and Sacyr is one of GUPC’s shareholders. The dispute involved significant time delays and [...]

Court of appeal of the state of California, 1 June 2018, Rockefeller Technology Investment (Rockefeller Tech.) v. Changhzou Sinotype Technology Co., Ltd. (SinoType), no. B272170

SinoType (“Appellant”) was ordered to pay $ 414 million to Rockefeller Tech following arbitration proceedings in which the company did not participate. The Superior Court of Los Angeles City, in a default procedure initiated by Rockefeller Tech, recognized the award. SinoType was notified about the procedure and the decision by post, as provided for in the [...]

United States District Court for the Southern District of Florida, 22 May 2018, Cardno International PTY, Ltd. and Others v. Carlos Diego Fernando Jacome Merino and Others, no. 17-23964-civ-Scola

On 22 May 2018, the Florida District Court confirms an award rendered in favor of the Australian infrastructure company Cardno, except with respect to one of the four sellers who had passed away. This dispute originated in the purchase by Cardno of Caminosca SA, an Ecuadorian company. After the sale, Cardno discovered that the sellers [...]

United State District Court, District of Columbia, 23 March 2018, Anatolie Stati, Gabriel Stati, Ascom Group, S.A., Terra Raf Trans Traiding Ltd., v. The Republic of Kazakhstan, no. 14-1638 (ABJ)

On 23 March 2018, the District Court denied Kazakhstan’s motion for reconsideration and confirmed the 500 million dollars award under the Energy Charter Treaty in favor of the Moldavian investors regarding oil use rights in Kazakhstan. When the investors sought enforcement in the United States, Kazakhstan opposed it on the grounds of fraud alleging that [...]

United States District Court, District of Columbia, 22 March 2018, Balkan Energy Limited v. The Republic of Ghana, no. 17-cv-005582 (APM)

On 22 March 2018, the District Court confirmed an arbitral award in favor of Balkan Energy Limited and dismissed Ghana’s objections in seeking to oppose the award’s enforcement. The arbitral tribunal had awarded more 11.75 million dollars in damages for the breach of a Power Purchase Agreement on the grounds that the company had legitimate [...]

US District Court for the District of Columbia, 1 March 2018, Rusoro Mining Limited v Venezuela, 16-cv-02020

The District Court confirms the award, rendered in arbitration under the Canada-Venezuela bilateral investment treaty (the “BIT”). In 2016 Rusoro, a Canadian company, obtained a USD 967 million award after having been deprived by Venezuela of its gold mining interests in twenty-four Venezuelan companies. Venezuela moved to annul the award in the state of the [...]

Appellate Division of the New York Supreme Court, 8 February 2018, AlbaniaBEG Ambient Sh.p.k. v. Enel S.p.A., no. 152679/14 3306

The Supreme Court dismissed a motion for summary judgment for recognition and enforcement of a foreign country judgment as the plaintiff failed to prove the court’s jurisdiction over the proceedings. The judgement was preceded by an arbitration award. The award dismissed the claim for a breach of contract by an Italian company for the construction [...]