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international litigation blog

November 27, 2016 In Act of State doctrine, Jurisdictional issues, State immunity By Quentin Decleve

U.S. Supreme Court Expected to Rule on FSIA Pleading Standards and Expropriation Exception

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On 2 November 2016, the U.S. Supreme Court (the Supreme Court) heard the oral arguments in a case where it was asked to clarify the pleading standards and the “expropriation” exception of the U.S. Foreign Sovereign Immunity Act of 1976 (FSIA).

The case arose in the context of a dispute between Helmerich & Payne International (HMI) – an American company – and Helmerich & Payne de Venezuela (HMV) – a subsidiary of HMI incorporated under the laws of Venezuela – on one hand, and the Venezuelan government and the national petroleum company PDVSA, on the other hand.READ MORE

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November 26, 2016 In Annulment of arbitral awards, Third party funding By Quentin Decleve

English High Court Rules on Recovery of Third Party Funding Costs in Arbitration Proceedings

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On 15 September 2016, the English High Court (the Court) dismissed a request to set aside an arbitral award under section 68(2)(b) of the U.K. Arbitration Act 1996 (the Act), holding that a sole arbitrator in an ICC arbitration did not commit a “serious irregularity” by including the costs of a third party funder within a costs award. The ICC arbitration was seated in England and was therefore subject to the Act.

The case arose out of arbitration proceedings brought by Norscot Rig Management Pvt Limited (Norscot) against Essar Oilfields Services Limited (Essar) for repudiatory breach of an operations management agreement. The arbitrator, who was highly critical of Essar’s conduct towards Norscot, awarded the latter various sums, including the costs of third party litigation funding which it had obtained in order to bring the arbitration.READ MORE

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