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International Arbitration

  • January 22, 2019

    WADA Won't Sanction Russia Over Missed Data Deadline

    The World Anti-Doping Agency's executive committee decided Tuesday that Russia's beleagured anti-doping organization will remain certified and will not face sanctions despite missing a deadline for turning over data from a Moscow laboratory last month, according an agency statement.

  • January 22, 2019

    Judge's Trial Relevant In $2.7B Award Row, Court Hears

    Units of ExxonMobil Corp. and Royal Dutch Shell PLC have pointed to the Nigerian Bar Association's condemnation of the prosecution of Nigeria's chief justice in their bid to have a New York federal court confirm a $2.67 billion arbitral award against Nigeria's state-owned oil company, which was set aside in the African nation.

  • January 22, 2019

    EU Says New Court Is Only Way To Resolve Investor Disputes

    The European Union has laid out its proposal for establishing a permanent multilateral investment court that includes a method for appeals, telling a United Nations working group examining reform of investor-state dispute settlements that the plan is the only one that can adequately address concerns about the current system.

  • January 22, 2019

    Consumer Orgs Say NAFTA 2.0 Will Keep Drug Prices High

    A group of 71 organizations sent a letter Tuesday to members of Congress urging them to remove provisions in the revised version of the North American Free Trade Agreement that would allow pharmaceutical companies to keep charging high prices, saying that pushing the same policies onto Mexico and Canada is not the solution to the drug pricing problem.

  • January 22, 2019

    International Arbitration Group Of The Year: Freshfields

    Freshfields secured wins for clients including ConocoPhillips and a Spanish toll road operator in high-profile arbitration proceedings and related enforcement actions against nation states, with the firm's success in securing settlements with Venezuela and Argentina ensuring it a place as one of Law360's International Arbitration Practice Groups of the Year.

  • January 18, 2019

    Ala. Woman Says Disability Arbitration In London A No-Go

    A disabled Alabama woman on Wednesday urged a federal judge not to force her to arbitrate her dispute with Generali Worldwide Insurance Company Ltd. over disability benefits thousands of miles away in London — slamming the agreement as both procedurally and substantively unconscionable, and therefore unenforceable.

  • January 18, 2019

    WTO Opens Informal Talks To Settle Appellate Body Impasse

    World Trade Organization members have begun informally discussing options to rescue the Appellate Body, which has been all but shuttered as the Trump administration continues to block the appointment of any new judges in Geneva, the WTO’s General Council said Friday.

  • January 18, 2019

    Prague Rules Launched, But Jury Still Out On Usability

    The Prague Rules provide a procedural framework to help parties and arbitrators more efficiently conduct proceedings in international arbitration, but the civil law flavor of the rules has raised some eyebrows. Here, Law360 takes a closer look at some of the Prague Rules' more controversial provisions.

  • January 18, 2019

    General Dynamics Must Serve Libya To Enforce £16M Award

    A U.K court ruled Friday that for General Dynamics U.K. Ltd. to enforce a £16.1 million ($20.7 million) award issued against Libya in a dispute over a military communications contract, the company must serve the country with the order granting it permission to enforce the award.

  • January 18, 2019

    International Arbitration Group Of The Year: Cleary Gottlieb

    Cleary Gottlieb Steen & Hamilton LLP scored a settlement for Western Digital in a dispute with joint venture partner Toshiba Corp. over the Japanese technology giant's planned sale of its memory unit to a group led by Bain Capital, and aided Russian energy company Tatneft in its ongoing campaign to enforce a $112 million arbitration award against Ukraine, landing the firm a spot among Law360's International Arbitration Practice Groups of the Year.

  • January 17, 2019

    WADA Says It Has Retrieved Sought Doping Data From Russia

    The World Anti-Doping Agency said Thursday that it has “successfully retrieved” data from a Moscow laboratory that the organization had demanded as part of its decision to reinstate the Russian Anti-Doping Agency after an alleged widespread, state-sponsored doping scheme.

  • January 17, 2019

    WTO Panel Set To Examine US-China Patent Battle

    The World Trade Organization has assembled a panel that will weigh the Trump administration’s allegation that China has violated international trade laws with patent rules that purportedly discriminate against foreign technology companies, according to a document published Thursday.

  • January 17, 2019

    EU Member States Will Terminate Intra-EU Treaties

    European Union member states have agreed to terminate their intra-EU bilateral investment treaties following a monumental decision issued last year by Europe's top court, with a majority of those nations saying the decision is also applicable to the multilateral Energy Charter Treaty.

  • January 17, 2019

    Gilstrap Won't Delay HTC's Royalty Row Trial With Ericsson

    U.S. District Judge Rodney Gilstrap on Wednesday shot down HTC's request to delay an upcoming trial in its case alleging Ericsson overcharges for royalties on cellular and wireless standard-essential patents, saying the bid appears to be a "litigation tactic."

  • January 17, 2019

    Loyens & Loeff Adds Int'l Disputes Pros In Brussels

    Loyens & Loeff has lured two Liedekerke attorneys to its Brussels office, bolstering the firm’s litigation and risk management department with their extensive experience working on international commercial matters and arbitration proceedings.

  • January 17, 2019

    Signature Litigation Opens Paris Office With 12 Staff

    City of London specialist disputes law firm Signature Litigation announced Thursday it has opened a new Paris office and snagged three partners with expertise in litigation cases spanning banking, insurance and reinsurance and product liability. 

  • January 17, 2019

    Brexit Debate Enters New Legal Terrain With Talk Of Delay

    A Brexit "Plan B" could involve a legally untested extension of the U.K.'s planned departure date after Parliament rejected the government's withdrawal agreement, easing the immediate threat that British banks and businesses will plunge into a regulatory void if there is no deal, according to lawyers and political experts.

  • January 17, 2019

    Hard Brexit Will Threaten GDPR Data Swap, Regulator Warns

    British companies that share data across national borders should brace themselves for legal disruption if the country crashes out of the European Union without a trade deal on March 29, a senior official at the Information Commissioner’s Office warned on Thursday.

  • January 16, 2019

    Jay-Z Stalling With Arbiter Diversity Push: Rocawear Owner

    Rocawear clothing owner Iconix Brand Group Inc. told a New York state court that Jay-Z's complaints about the American Arbitration Association's lack of diversity in an intellectual property dispute are an attempt to dodge arbitration "masquerading as a crusade to create further diversity."

  • January 16, 2019

    $367M Superfund Coverage Row Can't Be Arbitrated, Co. Says

    Cornell-Dubilier Electronics Inc. has urged a New Jersey federal court not to send to arbitration its coverage dispute with a group of insurers over $367 million in liability incurred under a Superfund site cleanup consent decree, arguing that the dispute is outside the underlying arbitration agreement's scope.

Expert Analysis

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

    Matthew Harrison

    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • International Law In 2018: Key Developments

    Viren Mascarenhas

    2018 was full of important developments in international law, including a new North American trade treaty, significant litigation at the International Court of Justice, and rulings by various bodies related to environmental, human rights and criminal law, say Viren Mascarenhas and Douglass Cassel of King & Spalding LLP.

  • Rethinking Who Decides Gateway Arbitrability Issues

    Gilbert A. Samberg

    Although federal courts have opined that incorporation of institutional arbitral procedural rules that authorize the arbitral tribunal to determine its own jurisdiction constitutes “clear and unmistakable” evidence that the parties intended to have the tribunal alone determine arbitrability issues, one commentator begs to differ, says Gilbert Samberg at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 'Wholly Groundless' Arbitration Exception Gets Grounded

    Charles Patrizia

    On Tuesday, the U.S. Supreme Court held that when a contract expressly delegates to the arbitral tribunal the question of “arbitrability,” courts may not resolve that question, even if the underlying arbitrability argument is allegedly “wholly groundless.” This is significant for parties drafting arbitration agreements, say attorneys with Paul Hastings LLP.