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Arbitration. Enforcement of Arbitration Award. District court enforces intra-EU investment treaty arbitration award based largely on recent EU General Court decision distinguishing Achmea.

European Union - November 21 2019 Ioan Micula v. Gov't of Romania, No. 17-cv-02332 (D.D.C. Sept. 11, 2019) [click for opinion] Brothers Ioan and Viorel Micula, through three companies…

David Zaslowsky, Grant Hanessian.

Enforcement of Intra-EU Investment Treaty Arbitration Awards in U.S. Remains Unclear After D.C. Court’s Micula Decision

European Union, Global, USA - October 16 2019 In Micula v. Romania,[1] a D.C. district court judge recently enforced an investor-state arbitration award in a case brought by nationals of a…

Grant Hanessian.

Ninth Circuit confirms vacatur of award that ignores plain text of contract to reach perceived just result as "irrational."

USA - March 21 2019 ECC Centcom Constructors, LLC and ECC International, LLC (together, "ECC") had a contract with the U.S. Army Corps of Engineers ("USACE") and awarded…

David Zaslowsky, Grant Hanessian.

Arbitration. Confirmation of Award. District court holds that a change in damages theory cannot be the basis to vacate an arbitration award.

USA - September 30 2018 Plaintiff Floridians for Solar Choice ("FSC") is a not-for-profit corporation formed for the purpose of qualifying a solar energy amendment in…

Forum Selection Clause. Foreign Sovereign Immunities Act. Anti-Suit Injunction. Fourth Circuit holds that (1) forum selection clause is permissive if it lacks sufficient indicia of exclusivity, (2) a responsive pleading is the last chance to assert sovereign immunity, and (3) considerations of comity weighed against granting an anti-suit injunction to prevent parallel litigation.

USA - July 27 2018 Korea decided to upgrade its fighter planes in 2011 and to buy sensitive military technology for the upgrade. The U.S. government barred Korea, based…