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Middle East – Africa

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In Arbitration Agreements

Fifth Circuit refuses appellate review of order compelling fragmented arbitration

by 5 Mins Read

In Al Rushaid v. National Oilwell Varco, Inc., No. 15-20260 (5th Cir. Feb. 17, 2016), the Fifth Circuit refused appellate review of an order compelling arbitration under one arbitration clause but denying it under another, despite acknowledging that the result would be fragmented arbitration. Plaintiffs Al Rushaid Parker Drilling, Ltd. (“ARPD”), Rasheed al Rushaid, and Al Rushaid Petroleum Investment Corp. sued defendants National Oilwell Varco, Inc., National Oilwell Varco LP (“NOV LP”), NOW Oilfield Services,…

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In International Investment

Zimbabwe, Part I: A Road Block to the “March of History”?

by and 9 Mins Read

Editor’s Note: This is the first of two articles on recent developments related to expropriations in Zimbabwe. This article deals with a recently leaked ICSID award concerning Zimbabwean land reforms, while the second article, by Justin Marlles and Courtney Giles, deals with recent legislation concerning the nationalization of the diamond mining industry. In a recently leaked ICSID award, concerning the case of Bernhard von Pezold and others v. Zimbabwe (ICSID Case No ARB/10/15), an arbitral tribunal chaired by…

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In Arbitration Procedure

Anchoring Arbitral Tribunals with (Nondescript) Information?

by 8 Mins Read

Anchoring is a psychological phenomenon wherein a person is influenced by certain reference points he or she is given at the beginning. Accordingly, a high claim in an arbitration, or a high starting offer in a negotiation, can influence the end result. Research suggests, however, that also nondescript information, i.e. information that carries no useful information for the issue to be decided, can influence decision making. Does this also work in arbitration? Psychology teaches that…

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In Democratic Republic of the Congo

USA: ICSID award confirmed and post-judgment interest granted ex parte

by 3 Mins Read

In Miminco, LLC v. Democratic Republic of the Congo, No. 14-01987 (D.D.C. Feb. 9, 2015), a U.S. district court confirmed an ICSID arbitral award and granted post-judgment interest in an ex parte proceeding, but declined to award pre-judgment interest, attorneys’ fees, or costs. Petitioners obtained a $13 million award against Respondent, the Democratic Republic of the Congo, in an arbitration pursuant to the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States…

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