International Arbitration

  • August 15, 2022

    Peru Claims Win Over US Oil Investor In $97M Corruption Row

    Peru has claimed a favorable ruling in its arbitration fight against an American businessman who accused the South American nation of taking bribes in exchange for oil-drilling rights, saying that arbitrators in The Hague found they do not have jurisdiction over the matter.

  • August 15, 2022

    Nicaragua Can't Get Officials' Names Redacted In $590M Claim

    An international tribunal has denied Nicaragua's request to redact the names of public officials identified in a $590 million claim accusing the government of sending violent and destructive paramilitary groups to seize a foreign investor's 3,300-acre avocado plantation.

  • August 15, 2022

    Renewable Energy Investor Seeks OK Of €22M Spain Award

    A German renewable energy investor has brought a €22 million ($22.35 million) arbitral award issued against Spain to federal court in Washington, D.C., for enforcement, as the award undergoes scrutiny from an annulment committee.

  • August 15, 2022

    Orrick Asks 9th Circ. To Clarify Jones Day Fight Isn't Over

    Orrick Herrington & Sutcliffe LLP asked the Ninth Circuit on Monday to clarify that the firm can still raise more dismissal challenges before the trial court after losing an appeal from Jones Day this month over Orrick's refusal to provide testimony in an international arbitration hearing.

  • August 15, 2022

    3rd Circ. Says Transport Biz Too Late To Fight Arbitration

    The Third Circuit on Monday refused to revive an equipment hauling business' contract dispute with American Wind Transport LLC, reasoning that a lower court properly tossed the case after the hauler waited a year and a half to declare it wouldn't comply with an arbitration order.

  • August 12, 2022

    Google Can Arbitrate Antitrust Claims Of Apple Collusion

    A California federal judge agreed Friday to send proposed class antitrust claims against Google to arbitration in a school's lawsuit alleging Google and Apple colluded to avoid competing in the online search business, but he refused to stay antitrust claims against Apple as the arbitration proceeds.

  • August 12, 2022

    Bayer Claims Win In Feud Over $7.8B Crop Seeds Biz Deal

    German pharmaceutical and biotechnology giant Bayer did not mislead chemical company BASF about the continuing costs of its crop seeds businesses while the two were hammering out a $7.8 billion sales deal that closed in 2018, an arbitral tribunal has found.

  • August 12, 2022

    Oil Co. Can Pursue $559M Occidental Award In Calif.

    An oil company looking to enforce a $558.6 million arbitral award against an Occidental Petroleum Corp. unit has been given permission by a New York judge to hunt down its parent company's assets in California, as Occidental continues its efforts to have the award nixed over an alleged conflict of interest.

  • August 12, 2022

    Venezuela Oil Co. Blasts Claims Of Evading $166M Debt

    Venezuela state-owned oil company PDVSA on Thursday fought back against allegations it is trying to exploit U.S. sanctions to avoid paying back some $166 million owed under a 2017 loan, telling the Second Circuit a creditor is wrongly trying to "gouge" it during a humanitarian crisis.

  • August 12, 2022

    2nd Circ. Upholds $25M Award To Exxon, Axes Some Interest

    A district court correctly sent a pollution coverage dispute between ExxonMobil and its insurer to arbitration but wrongly awarded the energy company pre-arbitral award interest beyond the policy's $25 million liability limits, a Second Circuit panel said in a published opinion Friday.

  • August 12, 2022

    Watson Farley Adds Former Baker McKenzie Disputes Head

    Watson Farley & Williams LLP has hired the former head of litigation at Baker McKenzie in Barcelona to build out its disputes offering in Madrid.

  • August 11, 2022

    USMCA Energy Row Pits Nationalism Against Private Interests

    The U.S. and Canada's challenges to Mexico's prioritization of state utilities over private enterprises could lead to new tariffs and lost investments, unless the parties negotiate an agreement that balances Mexico's sovereignty against the interests of northerly energy stakeholders.

  • August 11, 2022

    Enviro Group Says Cuban Co. Can't Escape Exxon Suit

    An environmental group is backing ExxonMobil as the oil giant looks to hold Corporación CIMEX SA responsible for seizing its property in Cuba decades ago, telling the D.C. Circuit that the state-owned conglomerate can't use sovereign immunity to escape the litigation.

  • August 11, 2022

    Nicaragua Backed Avocado Plantation Seizure, Co. Claims

    A Colorado-based agricultural products company is claiming that Nicaragua owes nearly $600 million in damages after government-backed paramilitary groups seized its 3,300-acre avocado plantation at gunpoint and threatened to kill its workers and management if they interfered, according to documents made public on Tuesday.

  • August 11, 2022

    Quinn Emanuel Launches New Dallas Office With 7 Attys

    Quinn Emanuel Urquhart & Sullivan LLP has opened an office in Dallas, the firm announced Thursday, with seven attorneys staffing a building near Reverchon Park.

  • August 11, 2022

    Will.i.am's Co. Can't Escape Award To Swedish Investors

    A federal judge has refused to let Will.i.am's company escape an enforced arbitration award won by Swedish parties, ruling that because the music artist's company was forced to forfeit its California business registration, it gave up its ability to appeal or litigate the ruling in the state.

  • August 10, 2022

    9th Circ. Backs Arbitration Order In Tribe's Rx Payback Case

    A Ninth Circuit panel on Tuesday backed an Arizona federal judge's decision to send to arbitration litigation between CVS Caremark and the Chickasaw Nation over prescription drug reimbursement without expressing an opinion on the enforceability of the arbitration provision at issue.

  • August 10, 2022

    Argentina Says Webuild Can't Enforce $21M Award

    Argentina is pressing a D.C. federal court to toss litigation to enforce a $21.3 million arbitral award won by Webuild more than a decade ago in a dispute over a water and sewage service concession, saying the Italian infrastructure company sat on the award for too long.

  • August 10, 2022

    Brown Rudnick Agrees To Mediate Malpractice Feud

    Brown Rudnick LLP and Christof Industries GmbH have agreed to mediate an ugly dispute stemming from the firm's representation of the Austrian industrial plant company in a multimillion-dollar arbitration over an ill-fated construction project, according to documents filed Wednesday in Massachusetts federal court.

  • August 10, 2022

    TotalEnergies Alleges Solar Co. Held 'Ransom' In $100M Suit

    A TotalEnergies unit has accused China-based Trina Solar Ltd. and its U.S. subsidiary of jacking up the agreed-upon price tag on solar modules and essentially forcing the company to pay ransom for products it already purchased, costing it upwards of $100 million in damages. 

  • August 10, 2022

    Banks, Insurers Reach Deals Over Ships Seized In Venezuela

    Lloyd's of London underwriters have resolved two lawsuits brought by Crédit Agricole and DVB Bank seeking a payout after ships they financed were seized by the Venezuelan government amid U.S. sanctions.

  • August 09, 2022

    Judge Won't Nix Shipbuilder Claims In Petrobras Bribery Feud

    Samsung Heavy Industries can pursue its attempt to hold Petrobras America at least partially responsible for a $200 million settlement that resolved a dispute over a corrupt drilling services deal, a Texas judge said on Tuesday, rejecting the Brazilian company's argument that the claim is time-barred.

  • August 09, 2022

    Insurers Ducking Coverage In Art Forgery Row, Exhibitor Says

    An art exhibitor asked a New York federal court to stop a group of European insurers from dodging payments related to its confiscated paintings, arguing the insurers were conducting a perpetual investigation in an attempt to skip coverage.

  • August 09, 2022

    Deborah Enix-Ross On Her Plans As The ABA's New President

    The American Bar Association welcomed its new president, Deborah Enix-Ross, on Monday at its House of Delegates annual meeting in Chicago. Here, Enix-Ross spoke with Law360 Pulse about her plans, including addressing the group’s membership numbers, and how the ABA has helped her legal career.

  • August 09, 2022

    Burford Capital Names African Arbitrator To Board

    Burford Capital Ltd., an asset management firm that focuses on litigation finance and law advisory services, has named a prominent African arbitration lawyer as an independent nonexecutive director.

Expert Analysis

  • Attorneys Should Note Judges' Financial Conflicts Of Interest

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    The Federal Circuit's recent ruling vacating a $2.75 billion judgment in Centripetal Networks v. Cisco should be a wake-up call for lawyers that they and their clients could pay a heavy price if a judge with financial ties to a litigant fails to take appropriate action, says Deborah Winokur at Cozen O'Connor.

  • A Law Firm's Guide To Avoiding Client Conflicts

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    With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

  • Understanding DC Circ.'s Agency Rule Withdrawal Debate

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    The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.

  • Considerations For Associates As Lateral Hiring Cools Down

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    Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

  • Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

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    Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

  • Ethics Lessons From The Alex Jones Discovery Debacle

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    The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind attorneys of the potential pitfalls of discovery, their professional responsibilities throughout the process, and the possibility of severe sanctions, say attorneys at Harris Wiltshire.

  • Combating Implicit Bias In Alternative Dispute Resolution

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    Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

  • How The Metaverse Will Affect Business And Legal Processes

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    It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

  • Navigating Arbitral Subpoenas In A Post-COVID Landscape

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    Courts’ mixed enforcement during the pandemic of physical presence and territorial requirements for arbitral subpoenas shows that the rules were not built for a virtual world, making it critical for lawyers to understand the possible limitations on third-party evidence, say Emily Kirsch and Craig Tarasoff at Kirsch & Niehaus.

  • How Lawyers Can Set Ethical Boundaries Post-Pandemic

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    The COVID-19 pandemic and remote work have made it harder for lawyers to leave their problems at the office, so legal professionals must establish and adhere to ethical boundaries in order to combat increasing levels of stress and burnout, says Jennifer Gibbs at Zelle.

  • A Lawyer's Guide To Collecting Fees From Nonpaying Clients

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    You've done the work and sent the bill, but haven't been paid. What do you do? Joshua Wurtzel at Schlam Stone offers recommendations on how lawyers — from solo practitioners to BigLaw partners — can avoid leaving significant receivables on the table from clients who have the ability to pay.

  • How Lawyers Can Benefit From TikTok Without Being 'Cringe'

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    TikTok should be on every attorney's radar as a digital branding opportunity, but it's important to understand the app and some best practices before diving in, says Cecillia Xie at Yale University.

  • Must Your Client Pay An Opponent's Expert For Prep Time?

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    For parties seeking discovery from an opponent's expert, the law on compensating the expert for preparation time is not settled, and in certain jurisdictions, there are strong arguments that favor avoiding or at least limiting such fee shifting, say Gregory Ruehlmann and Nicholas Mecsas-Faxon at King & Spalding.

  • Balancing State, Investor Interests In The Energy Transition

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    While governments around the world are increasingly taking action to encourage the shift from fossil fuels to renewable energy, they must also respect the rights of companies and investors affected by the transition — and recent investor-state disputes in this area provide valuable lessons for what lies ahead, says Sven Volkmer at White & Case.

  • 2nd Circ. Ruling Offers Clarity For Annulled Arbitral Awards

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    A recent Second Circuit ruling not to enforce an annulled arbitral award against two units of oil companies in Nigeria elucidates the legal standard for whether to enforce such awards in the primary jurisdiction, cementing the return to a more deferential standard for enforcement, say attorneys at Cleary.

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