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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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In Arbitration Procedure

USA: Arbitrator exceeded authority by failing to comply with multiple arbitration agreements

by 6 Mins Read

In PoolRe Ins. Corp. v. Organizational Strategies, Inc., No. 14-20433 (5th Cir. Apr. 7, 2015), the U.S. Court of Appeals for the Fifth Circuit affirmed the vacatur of an arbitration award, holding that the arbitrator exceeded his authority in a multiple-party, multiple-contract arbitration by acting in accordance with one arbitration agreement, but contrary to the arbitrator appointment and forum selection clauses in other arbitration agreements involving an intervening party. After an insurance-related American Arbitration Association…

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In North America

USA: First Circuit holds honorable engagement clause empowers arbitrators to grant equitable remedies

by 4 Mins Read

In First State Ins. Co. v. National Casualty Co., No. 14-1644 (1st Cir. Mar. 20, 2015), the First Circuit rejected an argument that arbitrators exceeded their authority in requiring the parties to follow a specific payment procedure, holding that the contract’s “honorable engagement” provision empowered the arbitrators to grant forms of relief, including equitable remedies, not explicitly mentioned in the underlying agreement. First State Insurance Company (“First State”) entered into a number of reinsurance and retrocessional…

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In North America

USA: Court rejects use of Section 1782 in aid of private international arbitration

by 3 Mins Read

In a recent decision, In re Grupo Unidos Por El Canal, S.A., No. 14-mc-00226 (D. Col. Apr. 17, 2015), a magistrate judge in Colorado district court held that Section 1782 may not be used in aid of private international arbitration. The controversy underlying this proceeding is the project for the expansion of the Panama Canal. When a dispute arose relating to that project, it led to an arbitration in Florida under the Rules of the…

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