Cross-Border Disputes & Arbitration Last year, Hughes Hubbard’s specialized team of arbitration lawyers secured results for clients from the Hague to SDNY, and from Washington, D.C. to the Northern Mariana Islands.
Two Major Wins at The Hague
The Court of Appeals of The Hague issued its long-awaited judgments in two proceedings rejecting applications by the Russian Federation to set aside arbitration awards obtained in favor of HHR clients in two Crimea arbitrations seated in The Netherlands.
Win for FaZe Clan in SDNY
HHR helped FaZe Clan, a top-ranked esports and entertainment organization, win a victory in the Southern District of New York against Adult Use Holdings and Zola Ventures, venture firms that were early Series A and Series B investors in the gaming company. The judge denied the plaintiffs’ petition to vacate or modify a pre-hearing arbitral award, and instead granted FaZe Clan’s cross-petition to confirm the award. Ultimately, the firm scored a complete arbitration victory for FaZe Clan when an International Centre for Dispute Resolution arbitrator issued a partial final award dismissing all claims by the two venture firms.
Victory for Imperial Pacific International in Battle with Casino Commission
HHR scored multiple victories for Imperial Pacific International and its investors against the Casino Commission of the Commonwealth of the Northern Mariana Islands in a long-running dispute over whether the force majeure provisions of an exclusive license agreement were triggered by the global COVID-19 pandemic. In September, the court found that “IPI would be irreparably and imminently injured without injunctive relief, that the equities tilt in favor of IPI, and that public policy favors that this matter go to arbitration.”
Unanimous Appellate Win for American Arbitration Association
In a crucial victory for the American Arbitration Association (AAA), HHR helped secure denial of Uber's motion for preliminary injunctive relief in its bid to block the AAA from charging nearly $92 million in arbitration fees.
Client Avoids Enforcement of Arbitration Award Set Aside in China
The U.S. District Court for the District of Columbia ruled in favor of HHR client Sinopec International Petroleum Exploration and Production Company, dismissing an attempt by plaintiff UNI-TOP to enforce an arbitration award that had been set aside by the courts in China.
Togolese Republic’s ICSID Arbitration
Hughes Hubbard & Reed is representing the Togolese Republic in an ICSID (International Centre for Settlement of Investment Disputes) Arbitration against private logistics company Togo Terminal-Bolloré. This arbitration is based on an arbitration agreement contained in a port concession agreement between the African State and Terminal-Bolloré. The parties agreed to an arbitration under the ICSID Arbitration Rules.
The conflict arose out of the alleged violation by the State of a “right of first refusal” clause contained in the concession agreement. The clause provides that the logistics company may enter in any new concession project envisioned by the State, before the State is entitled to grant the new project to a third party.
The logistics company initiated the arbitration proceedings arguing that the State granted a similar concession to another private actor, in violation of its right of first refusal under the concession agreement.