International Arbitration

  • September 22, 2017

    West Bengal Gov't Can't Set Aside Award To Mauritius Co.

    The Calcutta High Court has declined to set aside a 2016 arbitration award to a Mauritius petrochemical company following a dispute with the West Bengal government over a share transfer agreement, saying it lacks jurisdiction because the award was issued by a Paris-seated tribunal.

  • September 22, 2017

    Filipino High Court Won't Overturn Order In E-Passport Row

    The Philippines' highest court has dismissed a bid by the country's Department of Foreign Affairs to overturn an arbitral tribunal's decision allowing a company challenging the DFA's termination of an e-passport project to seek an additional $6 million in damages, saying it lacks jurisdiction.

  • September 22, 2017

    ICSID Orders Pakistan To Pay Turkish Energy Co. $800M

    The International Centre for Settlement of Investment Disputes has ordered Pakistan to pay Turkish energy firm Karkey Karadeniz Elektrik Uretim AS more than $800 million for seizing a floating oil-burning power station in 2013, after finding that the expropriation violated an international investment treaty, the company said Thursday.

  • September 22, 2017

    Ghana Can't Escape $13.4M Award, British Energy Co. Says

    A British energy firm and its Ghanaian subsidiary on Thursday urged a D.C. federal judge to prevent Ghana from escaping a $13.35 million arbitral award issued against it under the Foreign Sovereign Immunities Act, arguing that the country’s objection to a routine procedure is a blatant delay tactic.

  • September 22, 2017

    Lighting Co. Seeks Sanctions For Alleged Service Evasion

    LED lighting manufacturer Cree Inc. urged a Wisconsin federal court Thursday to sanction a Mexican lighting distributor for allegedly willfully refusing to accept service of a petition to arbitrate a dispute, claiming it spent over $70,000 on numerous attempts to serve the company.

  • September 21, 2017

    Dow's Appeal Of $455M Award To High Court Won't Be Easy

    Dow AgroSciences LLC has asked the U.S. Supreme Court to take up its public policy challenge to a $455 million arbitral award to two Bayer AG subsidiaries following a patent dispute, but experts say the petition is likely to face headwinds even if it's possible that the arbitrators made a mistake.

  • September 21, 2017

    Canada Tech Co. Can't Overturn $3.7M Invoice Row Awards

    A Canadian judge has upheld two awards against a Calgary technology company stemming from a dispute with an Australian distributor over more than $3 million in unpaid invoices, finding that while there were “gaps and problems” in an appeal tribunal's review of the case, the errors in law do not meet the high bar necessary for the court to overturn the decisions.

  • September 21, 2017

    MF Global Asks To Appeal Arbitration Order In Insurer Row

    MF Global asked Wednesday for permission to appeal a New York bankruptcy court's order requiring the defunct brokerage to arbitrate in Bermuda a coverage dispute with its excess insurer, Allied World, saying the decision involves a controlling issue of law and conflicts with two appellate court rulings.

  • September 21, 2017

    Moscow Mall Investor Wins Asset Fight In $93M Award Suit

    A California federal judge on Wednesday ordered a former Russian lawmaker to turn over assets held in an offshore trust to a former business partner trying to collect a $93 million award against him, finding that the court has jurisdiction over the account.

  • September 21, 2017

    Western Digital Lobs New Arbitration Request Against Toshiba

    The battle between Western Digital and Toshiba over their joint venture interests continued Wednesday as Western Digital filed another request for arbitration, this time over the Japanese conglomerate’s $1.8 billion investment in the business, the same day Toshiba inked its $18 billion memory unit sale to Boston-based Bain Capital.

  • September 20, 2017

    As 3rd NAFTA Negotiation Looms, Calls For Change Pour In

    Industry groups and lawmakers like U.S. Sen. Elizabeth Warren have ramped up calls this week for what a new North American Free Trade Agreement should look like, as trade officials from the U.S., Canada and Mexico are set to meet this weekend for a third round of negotiations.

  • September 20, 2017

    NY Judge Pauses $19M Arbitration Over Power Plant Project

    A New York federal judge on Wednesday temporarily paused a $19 million arbitration initiated by a Hyundai unit against SantosCMI SA stemming from a power plant construction project gone awry, saying the Ecuadorean company had raised a valid question as to the tribunal's jurisdiction.

  • September 20, 2017

    Glencore Unit Owes $7.3M Award For Impounded Vessel: Suit

    A Glencore International AG subsidiary that chartered a now-impounded vessel to deliver crude oil from Venezuela owes the owner of the ship, Space Shipping Ltd., a $7.3 million arbitration award, the company alleged in Connecticut federal court Tuesday.

  • September 20, 2017

    China Enacts New Arbitration Rules To Protect Its Rights

    China has passed its own arbitration rules set to take effect next month that will apply to disputes involving foreign investment issues, a measure the Chinese government says is necessary to defend its rights.

  • September 20, 2017

    Marathon Oil To Pay $33.1M In Foreign Tax Settlement

    Marathon Oil told a Texas federal court Tuesday that it has agreed to pay a group of limited partners $33.1 million to settle claims that the company cheated them out of millions in foreign tax credits in connection with a gas processing plant in Equatorial Guinea.

  • September 19, 2017

    Maine Lab Accuses Chinese University Of Selling Its Mice

    One of the world’s largest breeders of mice for medical research asked a Maine federal judge on Monday to force arbitration against one of China’s most prestigious universities, accusing it of ripping off its costly research by breeding its mice and selling them for just a fraction of the cost.

  • September 19, 2017

    EU's Bid For A Global Investment Court Won't Come Easy

    The European Union is taking its landmark investment arbitration reform effort global with a formal bid to launch talks for a multilateral investment court, but resistance from investors and a lack of clarity about political momentum suggests a long and contentious path for Brussels.

  • September 19, 2017

    Lloyd's Member Wins Bid To Arbitrate Profit-Sharing Row

    An Illinois federal judge on Tuesday dismissed certain claims brought by a U.S. insurance agency against a Lloyd’s of London underwriting member in a dispute over profit-sharing commissions, saying the insurer had failed to refute an arbitration bid based on a clause contained in some of their contracts.

  • September 19, 2017

    Online Travel Investors Oppose Chinese Co.’s Arbitration Bid

    Former minority shareholders of a failed Chinese online travel agency have opposed in California federal court a bid by a Chinese airline, hospitality, travel and shipping conglomerate to force arbitration of their investor lawsuit over the company's failure, saying the shareholders’ claims fall outside an arbitration provision’s scope.

  • September 19, 2017

    EU Top Court Adviser Says Arbitration Clauses Are Legal

    An arbitration clause included in an investment treaty between the Netherlands and Slovakia does not violate European Union law, a top legal adviser at the bloc's highest court concluded on Tuesday in a finding that goes against the long-standing position of the European Commission.

Expert Analysis

  • The Foreign Sovereign Immunities Act: 'Bedlam' Redux

    Robert W. Ludwig

    After four decades attempting to apply the commercial-activity exception of the Foreign Sovereign Immunities Act — the most significant exception to sovereign immunity — no court has ever decided the meaning of the heart of the exception, and with it the FSIA, says Robert W. Ludwig, a founding member of Ludwig & Robinson PLLC.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • Can Trump Withdraw From NAFTA Without Congress?

    Gunjan Sharma

    The mention of a possible executive order on the North American Free Trade Agreement raises a complicated constitutional law question: Can President Donald Trump unilaterally, without congressional action or approval, withdraw from NAFTA? There is room for debate, says Gunjan Sharma of Skadden Arps Slate Meagher & Flom LLP.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • PRC Court Refuses To Enforce Singapore Arbitration Award

    James Kwan

    The ruling by the Shanghai No.1 Intermediate People's Court in Noble Resources International v. Shanghai Good Credit International Trade is potentially significant for claimants who are considering using expedited procedures under older versions of the Singapore International Arbitration Centre rules, says James Kwan of Hogan Lovells.

  • Diamond In The Rough: Singapore High Court Lesotho Ruling

    Leng Sun Chan SC

    In another ground-breaking case — Lesotho v. Swissbourgh Diamond Mines — the Singapore High Court has set aside an investor-state arbitral award on the basis that the tribunal exceeded its jurisdiction. This further demonstrates the willingness and competence of Singapore courts to deal with issues concerning public international law and investment arbitration, say members of Baker McKenzie Wong & Leow.