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Claim for coal demurrage is dismissed due to claimants’ failure to prove that the coal demurrage did not result from their failure to provide port services
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Shared liability in vessels’ demurrage frees claimant from obligation to pay penalties; CFE is ordered to return guarantee
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Despite lack of clarity in contractual terms, Greenfield assumed contractual obligations for transportation and storage services through its conduct
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Negotiation history confirms use-or-pay obligation until 2033
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Systemic interpretation suggests that TPP is entitled to port services charges on use-or-pay basis for contract’s entire duration
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Joined claimants have standing to sue in the arbitration as subcontractors
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Formal designation in contract is insufficient to be recognized as contractual party; entity must also have rights or obligations created, transferred, modified, or extinguished by the contract
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Background: Dispute over amounts owed under contract with Mexican state-owned energy facility leads to LCIA arbitration
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Dissenter would have ruled for Quinn Emanuel on all issues
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District court must decide the question of authority
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New York Convention grounds for non-recognition are without prejudice to normal procedural rules of the court in which enforcement is sought
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Djibouti did not forfeit its authority challenge
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Authority challenges can be raised “at any time”
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Challenges to attorney authority are rare but serious
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Background: Dispute over profitable Djiboutian port spawns multiple arbitrations and litigations
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Anti-enforcement order may protect claimant against respondent’s deliberate breach of arbitration agreement, despite futility concerns
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Sanctions do not prevent party from obtaining substantive justice in England and Wales
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No material progress has been made in the Russian court proceedings; costs incurred by VEB are minor consideration
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Time taken by Barclays to procure English and Russian law advice does not count as delay in seeking anti-suit injunction
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VEB is bound by arbitration agreement
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Two-prong test for anti-suit injunctions under English law is met
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Asymmetrical dispute resolution clause is valid under English law
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Background: Sanctions trigger termination of ISDA Master Agreement and prevent Barclays from making payments to VEB, leading to Moscow court proceedings
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Arbitrator accepts the amount of lost management fees agreed on by the experts
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