International Arbitration

  • February 23, 2018

    Nixing NAFTA Arbitration Provision Would Touch New Ground

    A proposal under consideration by the U.S. to eliminate investor-state dispute resolution from the North American Free Trade Agreement would mark a sharp departure from previous administration policy and likely set a precedent for future trade negotiations, experts say.

  • February 23, 2018

    Trump Hotel Cos. Fight to Keep Law Firm Arb Suit Federal

    Trump International Hotels Management LLC and an affiliate hit back Thursday at a Panamanian law firm’s request to remand its suit accusing the Trump entities of improperly responding to arbitration over a “mismanaged” hotel by pulling the firm into the fight, telling a Delaware federal court that the matter doesn’t belong in state court.

  • February 23, 2018

    Licensee Wants Out Of Stolen-Car Tech Arbitration Row

    South African company Tracker Connect Ltd., which sells technology used to recover stolen vehicles, urged a Massachusetts federal court Thursday to toss a suit brought by the owner of the technology, LoJack Corp., over arbitration proceedings that allegedly violated the companies’ licensing agreement.

  • February 23, 2018

    Canada Says It Has No Plans To Nix Arbitration From NAFTA

    A Canadian trade official refuted reports that Canada has proposed to the U.S. eliminating the North American Free Trade Agreement's investor-state dispute settlement provision, telling Law360 on Thursday that if the U.S. intends to opt out of the provision, Canada will focus on a bilateral arbitration mechanism with Mexico.

  • February 23, 2018

    Arbitrators Reject $460M Jordan Water Pipeline Row

    The Permanent Court of Arbitration on Thursday rejected Disi Water Co.'s $460 million claim against the nation of Jordan over a deal to construct a massive pipeline to move water to the country's parched capital, instead awarding Jordan damages and legal fees, a government official said.

  • February 22, 2018

    Djibouti Hit With New Arbitration Over Nixed Port Deal

    Major port terminal operator DP World said Thursday it's initiated a new arbitration proceeding against Djibouti after the East African nation seized control of Doraleh Container Terminal, a deep sea port that DP World had operated for more than a decade under a concession agreement with that country.

  • February 22, 2018

    Mexican Real Estate Co. Wants $15M Factory Suit Back In US

    A Mexican industrial real estate buyer urged the Ninth Circuit on Wednesday to revive its suit accusing a Los Angeles private equity firm of concealing certain circumstances surrounding the sale of a $15 million manufacturing facility, saying an order sending the dispute to arbitration in Mexico has left it without a remedy.

  • February 22, 2018

    Condo Owners Want $1.6M Costa Rican Award Enforced

    Unit owners in a Costa Rican luxury condo development stood behind their request to confirm a nearly $1.6 million arbitral award against the resort’s developer Wednesday, contending that an Arizona federal court can enforce the award even though it was annulled by the Central American country’s Supreme Court.

  • February 22, 2018

    Trump Hotel Cos. Want Unit Owners To Arbitrate Panama Row

    Two Trump hotel management companies urged a New York federal court to keep alive their arbitration claims alleging that the owners of units in a Trump-branded Panamanian hotel unfairly ousted them from a hotel management contract, arguing that the parties agreed to binding international arbitration.

  • February 22, 2018

    Japan Knocks Down Korea's Post-Fukushima Trade Barriers

    The World Trade Organization on Thursday struck down South Korea’s ban on Japanese fish in the wake of the 2011 Fukushima nuclear disaster, ruling that Seoul structured its safeguards in a way that was more trade-restrictive than necessary to protect public health.

  • February 22, 2018

    Russian Curler Drops Doping Appeal, Loses Bronze Medal

    A Russian Olympic curling athlete will be stripped of the bronze medal he won last week at the 2018 Winter Games in Pyeongchang, South Korea, after dropping his appeal of a positive test for performance-enhancing drugs, the Court of Arbitration for Sport said Thursday.

  • February 21, 2018

    New Cloud Data Bill Pits Big Tech Against Privacy Hawks

    Silicon Valley giants have teamed up with privacy advocates to fight the U.S. government’s bid, now at the U.S. Supreme Court, to access Microsoft data stored on an Irish server. But that uneasy alliance has crumbled as lawmakers mull a plan to carve out a more concrete path for U.S. prosecutors pursuing data stored abroad, with critics claiming data-sharing deals resulting from the bill could erode human rights.

  • February 21, 2018

    Canadian Salmon Co. Threatens NAFTA Arbitration Over Ban

    A Canadian aquaculture company embroiled in controversy after it accidentally released as many as 263,000 Atlantic salmon into the waters off Washington state threatened Tuesday to file a claim under the North American Free Trade Agreement if a proposed Atlantic salmon farming ban is enacted.

  • February 21, 2018

    Bid To Nix Arbitration Provision From NAFTA Gains Ground

    The U.S. has agreed to a Canadian proposal to eliminate the North American Free Trade Agreement's investor-state dispute settlement provision, a highly placed government source with knowledge of the talks told Law360 on Wednesday.

  • February 21, 2018

    3rd Circ. Ruling Can't Doom Venezuela Case, Oil Giant Says

    ConocoPhillips Co. and subsidiaries of Venezuela's national oil company clashed on Tuesday over the effect of a recent Third Circuit ruling preventing the Delaware subsidiary of Venezuela's national oil company from being sued to collect a $1.39 billion arbitral award, with the parties at odds over whether the decision means their dispute over the country’s seizure of oil project assets must be dismissed or simply restarted. 

  • February 21, 2018

    New TPP Deal Limits Investment Arbitration, NZ Says

    The ability of foreign companies to sue countries under the investment terms of the Trans-Pacific Partnership appears to have been restricted ahead of a vote to ratify the trade deal, New Zealand’s trade minister said Wednesday.

  • February 20, 2018

    King & Spalding DQ Bid Shouldn’t Be Complex, Judge Says

    What Judge Barry Ostrager had hoped would be a quick dispute over whether to disqualify King & Spalding LLP from representing an animal health company in international arbitration stretched for two hours on Tuesday, with three more witnesses set to take the stand on Wednesday.

  • February 20, 2018

    $1.7M Coal Shovel Row Should Stay Paused, Court Hears

    Three companies embroiled in a $1.7 million dispute over the botched shipment of a pair of secondhand electric coal mining shovels from Australia to the U.S. urged a Virginia federal judge on Monday to keep litigation between them paused, saying arbitration in London is ongoing.

  • February 20, 2018

    Tribunal Orders Egypt To Pay $1B In Gas Supply Row

    Egypt has been ordered in arbitration to pay more than $1 billion in damages for wrongfully terminating a gas purchase and supply agreement with the operator of an underwater pipeline that transported natural gas from Egypt to Israel, a company partially owned by the bankrupt Ampal-American Israel Corp.

  • February 20, 2018

    Ukraine Submits Case For Arbitration In Row With Russia

    Ukraine has outlined its case to arbitrators for natural resources and other rights in and around the Black Sea that it says Russia effectively seized when its troops invaded Crimea in 2014, the country said on Monday. 

Expert Analysis

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • ‘Home Country’ Arbitration Clauses — Worth The Trouble?

    Timothy Nelson

    Although the varying approaches by two circuit courts in the cases of Bamberger Rosenheim v. OA Development and Polimaster v. RAE Systems might be explained by differently worded clauses, the outcomes nevertheless show that court interpretations of “home country” clauses can be difficult to predict, say partners with Skadden Arps Slate Meagher & Flom LLP.

  • Latest CAS Olympics Ruling Contradicts 2011 Case

    Ronald Katz

    On Friday, when the Court of Arbitration for Sport essentially reversed itself by stating that the International Olympic Committee had the right to keep cleared Russian athletes out of the Pyeongchang Olympics, it appeared that intimidation from the IOC had worked. This is especially true because the basis of the new CAS opinion is diametrically opposed to a 2011 opinion of the CAS, says Ronald Katz of GCA Law Partners LLP.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Opinion

    Olympic Ban Of Cleared Russian Athletes Is Lawless

    Ronald Katz

    The International Olympic Committee’s decision to continue to ban Russian athletes from the Pyeongchang Olympics rejects the decision of the Court of Arbitration for Sport — a tribunal created by none other than the International Olympic Committee. But there is absolutely no reason to believe that the CAS decisions were tainted, says Ronald Katz of GCA Law Partners LLP.