Rent-A-Center found that, under the FAA, a Court may only address challenges directed specifically against the arbitration provision, not against the contract as a whole. Generic challenges are to be resolved by the arbitrators. Respondent Jackson filed an employment-discrimination suit against petitioner Rent-A-Center, his former employer, in a Nevada Federal District Court. Rent-A-Center filed a […]
GRAND RIVER ENTERPRISES FIVE NATIONS LTD. ET AL. V. UNITED STATES OF AMERICA Award of 12 January 2011
In this NAFTA case, Claimants included Grand River Enterprises Six Nations, Ltd., a Canadian corporation involved in the manufacture and sale of tobacco products, Messrs. Jerry Montour and Kenneth Hill (Canadian nationals) and Mr. Arthur Montour, Jr., of Seneca Nations Territory, Perrysburg, New York. The Claimants filed arbitration claims against several States of the USA […]
ATA CONSTRUCTION, INDUSTRIAL AND TRADING COMPANY V. THE HASHEMITE KINGDOM OF JORDAN (ICSID CASE ARB/08/2) AWARD 18 May 2010
In this ICSID case Claimant, a Turkish company, started an arbitration in relation to a dispute with the Arab Potash Company (“APC”), a Jordan government-owned company, arising out of the collapse of a dike Claimant had built. On 30 September 2003, a FIDIC Tribunal issued an award entirely in favor of Claimant. Following this ruling, […]
FRAPORT AG FRANKFURT AIRPORT SERVICES WORLDWIDE V. REPUBLIC OF THE PHILIPPINES (ICSID CASE NO.ARB/03/25) – DECISION ON THE APPLICATION FOR ANNULMENT – 23 December 2010
This dispute concerned Fraport AG Frankfurt Airport Services Worldwide’s (“Fraport”) application for annulment of an ICSID award issued on 16 August 2007. This arbitral award had been the result of a dispute in relation to a concession agreement for the construction and operation of a terminal at the international airport in Manila. In 2002, Respondent, […]
BURIMI SRL AND EAGLE GAMES SH.A V. REPUBLIC OF ALBANIA (ICSID CASE NO. ARB/11/18) AWARD – 28 May 2013
This ill-fated case was governed by the Agreement for the Promotion and Protection of Investments concluded between Italy and the Albania (“BIT”), Albania’s Foreign Investment Law (“FIL”) and the ICSID Convention and Arbitration Rules. In 2004, Eagle Games, a lottery tickets company, applied for a gambling permit from Albania’s Finance Ministry and was awarded a […]