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CME is awarded legal costs; parties are jointly and severable liable for arbitrators’ fees and expenses
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Tribunal sees no merit in FMO’s counterclaims under either contract
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CME is awarded lost profit for FMO’s breach of General Piar Charter and reimbursement for early redelivery of the vessel to head owner, totaling 5.5 million USD
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Tribunal adjusts CME’s lost profit projections for inflation rate and awards nearly 120 million USD for FMO’s breach of TSMC
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Bulk of FMO’s objections to CME’s invoices are dismissed; tribunal rejects claims for liquidated damages and strikes out claims based on invoices invoked before other tribunals
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Tribunal looks at parties’ overall balance positions, but limits rulings to claims arising out of TSMC and General Piar Charter
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Arbitrators decline to apply collateral estoppel, but ultimately agree with findings of other tribunals
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Tribunal sees no fraudulent non-disclosure by CME
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Contracts would be enforceable under Venezuelan law, if it were applicable; FMO is estopped from pleading post-performance unenforceability
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No different outcome under relaxed evidentiary standard for corruption
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FMO failed to take advantage of broad discovery order aimed at supporting corruption allegation
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FMO failed to substantiate corruption defense
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Underlying contracts are governed by US maritime law
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Tribunal dismisses FMO’s jurisdictional objection based on arbitration agreement included in provisional charter party
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Background: Venezuelan state-owned company denounces barter arrangement revolving around supply of iron ore, following policy implemented by newly-elected President Nicolas Maduro in 2013
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