Category: Arbitration

  • Case of the Day: Outokumpu Stainless USA v. Converteam

    The case of the day is Outokumpu Stainless USA, LLC v. Converteam SAS (11th Cir. 2018). Outokumpu operated a steel plant in Alabama. It contracted with Fives for the purchase of three cold rolling mills for use in the plant. The contract had an agreement to arbitrate calling for arbitration in Germany under the ICC……

  • Article of the Day: Alessandro Spinillo on the Madrid High Court of Justice and the Setting Aside of Arbitral Awards

    Long-time Letters Blogatory commenter Alessandro Spinillo, an Argentine lawyer, has a new post at the Kluwer Arbitration Blog on The Madrid High Court of Justice and the Setting Aside of Arbitral Awards. The most interesting point in the post is that the Madrid High Court of Justice annuls awards more than 26% of the time.……

  • Lago Agrio: The Remedy

    This is the third post about the new arbitral award in the Chevron/Ecuador case. The first post addressed the tribunal’s finding that the Lago Agrio judgment was ghostwritten. The second addressed the issue of estoppel as it related to the question whether Chevron had an investment in Ecuador so as to implicate the bilateral investment……

  • Lago Agrio: Estoppel in the Arbitral Award

    Lago Agrio: Estoppel in the Arbitral Award

    This is the second post on the new award in the Chevron/Ecuador arbitration. I think there will be a few more. I wrote this on Sunday, and it’s possible that there has been some relevant coverage from others since then, so I hope that events haven’t overtaken this post! One critique of a claim like……

  • Lago Agrio: Chevron Wins Investment Treaty Arbitration Against Ecuador

    Lago Agrio: Chevron Wins Investment Treaty Arbitration Against Ecuador

    The tribunal hearing the investment treaty dispute between Chevron and Ecuador has issued a partial award that decides the case in Chevron’s favor. I learned of the award on Friday, and there’s a lot in there that eventually I want to write about. But I do want to take an initial look at an issue……