International Arbitration

  • June 05, 2020

    Business Group Angles To Revive WTO Appeals Panel

    The World Trade Organization should clarify that decisions from its Appellate Body are not binding precedents, according to a U.S. business advocacy group pushing for reform of the legal wing disabled by the Trump administration.

  • June 05, 2020

    Chinese Investors Urge 9th Circ. To Uphold Discovery Order

    Three investors ousted from a Chinese in vitro fertilization project who seek documents for a $20 million arbitration they initiated have told the Ninth Circuit that a U.S. law allowing federal courts to order discovery for certain foreign proceedings extends to private commercial arbitration abroad.

  • June 05, 2020

    Shipbuilder Gets $138M Final Judgment In Venezuela Dispute

    A Mississippi federal judge has entered a nearly $138 million final judgment against the Venezuela Ministry of Defense in a long-running arbitration dispute with U.S. shipbuilder Huntington Ingalls despite the ministry's protests that a sum it already has paid should be deducted. 

  • June 05, 2020

    Sanctions Urged In Bid To Get Romania To Fulfill $356M Award

    Two Swedish food investors urged a D.C. federal judge Thursday to hit Romania with sanctions starting at $25,000 per week to force it to comply with post-judgment discovery obligations in their bid to get a hold of the remainder of a $356 million arbitral award.

  • June 05, 2020

    Europe Accuses UK Of Straying From Brexit Promises

    The European Union said Friday that Brexit trade negotiations remain stalled after four rounds of talks because the U.K. has strayed from pledges agreed to in 2019 that set out general terms for future relations.

  • June 04, 2020

    Spanish Gas Co.'s $2B Award Bid Paused At Egypt's Request

    A D.C. federal judge has granted Egypt's bid to pause efforts by a Spanish gas company to enforce a $2 billion arbitral award stemming from a gas supply dispute, ruling that a stay is in order as the country awaits a decision from an award annulment committee.

  • June 04, 2020

    Venezuela Mining Co. Owes $12M, Commodities Co. Says

    A British Virgin Islands commodities company has asked a New York federal judge to confirm a $12.6 million arbitration award against a Venezuelan state-owned mining company for breach of a charter ship contract after failing to live up to a shipping agreement.

  • June 04, 2020

    Validity Finance Hires Arbitral Atty To Head New Israel Office

    Litigation funder Validity Finance has opened its first international office in Tel Aviv, making it the first U.S-based litigation finance firm to set up shop in Israel, the company has announced.

  • June 04, 2020

    China Eases Foreign Flight Limits After US Threatens Ban

    China will relax flight restrictions on foreign airlines starting Monday after the Trump administration vowed to bar China-based airlines from flying to the U.S. in retaliation for China impeding U.S. airlines' efforts to restart flights that were paused by the coronavirus pandemic.

  • June 04, 2020

    Roc Nation Slams Insurer's Bid To Get Docs From UK Co.

    Rapper Jay-Z's management company, Roc Nation LLC, urged a New York federal judge to reject its insurer's bid for additional discovery in a suit over coverage for the death of Maroon 5's manager Jordan Feldstein, calling the request a delaying tactic.

  • June 03, 2020

    Indian Court Rejects 9/11 Defense In Copper Award Fight

    India's highest court has enforced a more than $500,000 arbitral award issued in a decades-old dispute stemming from a copper sales deal, rejecting arguments that an Indian state-owned company hadn't been able to properly present its case because of the Sept. 11 terrorist attacks.

  • June 03, 2020

    Monster Asks High Court To Weigh In On Arbitrator Bias

    Monster Energy is urging the U.S. Supreme Court to establish guidelines on arbitrator bias, saying a Ninth Circuit decision vacating an award after an arbitrator failed to disclose his ownership interest in the administering institution threatens to "undermine the entire system of private arbitration."

  • June 03, 2020

    Squire Patton Boggs Snags Commodities Duo From HFW

    Squire Patton Boggs has added two new London partners to the firm's growing commodities and shipping group, which launched in November, the firm announced.

  • June 03, 2020

    Electric Co. Cleared To Pursue $35M Award From Guatemala

    A D.C. federal judge has granted a bid by the Guatemalan unit of power company Teco Energy to enforce the payment of a $35 million arbitration award after the judge found that Guatemala has had more than enough time to arrange payment.

  • June 03, 2020

    Fieldfisher Adds Disputes Partner As Gibson Dunn Raids UBS

    European law firm Fieldfisher has brought on a new partner from BDB Pitmans to join its London disputes team, while Gibson Dunn & Crutcher LLP has announced the return of one of its former attorneys from UBS.

  • June 02, 2020

    Texas County Can't Remand $41M Hurricane Harvey Suit

    A Texas federal judge rejected a county's bid to remand its $41 million Hurricane Harvey property damage suit to state court, ruling Tuesday that the county was wrong in saying that insurers waived their rights to transfer the case.

  • June 02, 2020

    Justices Nix 11th Circ.'s 'Formalistic' View Of Arbitration Law

    The U.S. Supreme Court held Monday that nonsignatories to an international arbitration agreement may compel arbitration of disputes arising under that agreement, a decision that's being praised for bringing the U.S. in line with widely held views on arbitration law.

  • June 02, 2020

    PE Firm Says Property Fraud Fight Should Play Out In Mexico

    A private equity firm again urged a California court Monday to toss or compel arbitration of a recently reopened dispute with a Mexican industrial real estate buyer over the sale of a $15 million manufacturing facility.

  • June 02, 2020

    Swedish Court Won't Review Spain's Questions To ECJ

    A Swedish appeals court has refused Spain's request to refer certain questions about the validity of a €53.3 million ($58.7 million) arbitral award against the country to the European Court of Justice, according to a notice issued Monday to a D.C. federal court.

  • June 02, 2020

    Cantor Must Face Rival Broker's Poaching Suit In UK

    New York-based investment brokerage Cantor Fitzgerald will have to face a multimillion-dollar lawsuit in the U.K. over accusations that it poached a rival's employees, after a judge said Tuesday the claim implicates three of its most senior London-based employees.

  • June 01, 2020

    Spain Says Energy Investors Can't Enforce $66M Award

    Spain is urging a D.C. federal court to toss litigation to enforce a $66.3 million arbitral award over revoked economic incentives for renewable energy projects, arguing that the investors who won it are trying to skirt "well-settled" European law.

  • June 01, 2020

    Texas Energy Co. Gets $1M Award From Profits Row OK'd

    A federal court has confirmed a Texas energy company's 5.8 million Brazilian real (roughly $1 million) victory in arbitration over misappropriated profits following a sale agreement. 

  • June 01, 2020

    NextEra Can Enforce $316M Award Against Spain

    An International Centre for Settlement of Investment Disputes committee has lifted a stay of enforcement on a €291 million ($316 million) arbitral award that U.S.-based NextEra Energy Inc.'s Dutch subsidiaries won against Spain, after the country declined to promise to pay the award if an ongoing bid to annul it is unsuccessful.

  • June 01, 2020

    Egypt Gets Gas Co.'s Doc Bid Trimmed In $2B Award Fight

    A Spanish natural gas company must narrow its bid for documents from the Depository Trust Company as it seeks to enforce a $2 billion arbitral award against Egypt, a New York federal judge said Friday.

  • June 01, 2020

    Justices Revive GE Unit's Arbitration Bid In Steel Plant Row

    The U.S. Supreme Court on Monday concluded that a French unit of General Electric Co. may be able to force arbitration of a multimillion-dollar dispute with an Alabama steel plant owner despite not signing an underlying arbitration agreement, reversing an Eleventh Circuit decision.

Expert Analysis

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Dismissal Of Amazon Seizure Case May Limit Title III's Reach

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    A Florida federal judge's recent order dismissing allegations that Amazon trafficked in property previously confiscated by the Cuban government in violation of the Helms-Burton Act reiterates a plain-language limitation of the act's Title III, say Pedro Freyre and Lolita Sosa at Akerman.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • In GE, Supreme Court Extends Reach Of Int'l Arbitration In US

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    The U.S. Supreme Court’s decision this week in GE Energy v. Outokumpu Stainless broadens the reach of international arbitration as a viable dispute resolution mechanism under U.S. law, but leaves unanswered a number of important questions regarding the application of the nonsignatory doctrine, say attorneys at Paul Hastings.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • New Trade Appeals Venue Won't Permanently Fix WTO Issues

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    The Multiparty Interim Appeal Arbitration Arrangement allows participating countries to appeal trade disputes during the effective freeze of the World Trade Organization Appellate Body caused by the U.S. blockade of judicial appointments to the body, but the limited membership of the arrangement means countries still require a long-term resolution to the WTO's judicial crisis, says Bashar Malkawi at the Dubai Rulers Court.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Human Rights Are Becoming A Compliance Issue

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    A recent commitment from the European Union's commissioner for justice to introduce rules for mandatory corporate human rights due diligence next year may signal the arrival of this issue as a global business imperative, making it as fundamental as anti-corruption diligence, say attorneys at Paul Hastings.

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