This dispute arose out of a “workout” agreement, embodied in four separate documents, which governed the “working out” of debts to First Options that MKI incurred as a result of the October 1987 stock market crash. In 1989, after entering into the agreement, MKI lost an additional USD 1.5 million. First Options then took control […]
METAL VM J.S. V. JANINA (ARB/01/11) – AWARD
The arbitration award in Metal VM J.S. v. Janina was the first award to be rendered by the Arbitration Court of the Kosovo Chamber of Commerce. This arbitration concerned a dispute arising out of a sales contract signed in 2009 between Metal VM (a Serbian corporation) and Janina (a Kosovo corporation) regarding electric boilers to […]
CARD V. STRATTON OAKMONT, INC.: Arbitration and the Rules of Evidence U.S District Court of Minnesota (1996)
Card v. Stratton Oakmont concerns a motion to vacate an arbitration award brought, inter alia, on the ground that the arbitral tribunal had disregarded the rules of evidence. In September 1994, Claimant had filed for arbitration pursuant to the rules of the National Association of Securities Dealers Act (NASD) against Stratton Oakmont, claiming common law […]
Stay of Judicial Proceedings Pending Arbitration: Rogers, Burgun, Shahine and Deschler, Inc. v. Dongsan Construction Co. ltd. US District Court for the Southern District of New York (1984)
In this case, Dongsan (Claimant) subcontracted RBSD (Respondent) services for developing part of the design of a hospital in Saudi Arabia. The Claimant agreed to pay 20% of the 2,5 million dollar fee in advance of Respondent’s performance. Respondent provided Claimant a Letter of Guarantee to secure the full amount of the advancement payment. The […]
GETMA INTERNATIONAL, NCT NECOTRANS, GETMA INTERNATIONAL INVESTISSEMENTS & NCT INFRASTRUCTURE & LOGISTIQUE v. THE REPUBLIC OF GUINEA – ICSID 28 June 2012
This decision relates to the Respondent’s request to disqualify one of the arbitrators, namely Mr. Bernardo M. Cremades, who had been appointed by the Claimant. The Claimant had filed for arbitration at the ICSID on 29 September 2011 under the ICSID Convention and the Investment Code of the Republic of Guinea. The Parties agreed that […]