International Arbitration

  • June 28, 2017

    Spain Wants Court's OK Of €128M Arbitral Award Nixed

    A day after a New York federal judge signed off on a more than €128 million arbitral award issued against Spain following a dispute with two foreign companies over renewable energy subsidies, Spain said on Wednesday that the judgment should be vacated because the companies' ex parte petition circumvented certain requirements.

  • June 28, 2017

    1st Circ. Upholds Arbitral Fault Finding In Notre Dame Row

    The First Circuit on Wednesday upheld a Massachusetts federal judge's confirmation of an arbitral finding that a builder and developer were at fault for problems at a University of Notre Dame dormitory in London, rejecting the companies’ contention that the award was not final.

  • June 28, 2017

    UK Supreme Court Says Arbitrator Erred In Chartering Row

    The U.K. Supreme Court concluded Wednesday that a maritime arbitrator erred when he subtracted $16.765 million from the damages owed to a vessel owner by a charterer that had returned the vessel prematurely, a means of accounting for the vessel's higher value at the time, saying those circumstances are irrelevant.

  • June 28, 2017

    Kazakhstani Center To Use English Law For Arbitration

    The head of a financial services center in Kazakhstan’s capital city of Astana recently met with a former chief judge for England and Wales to discuss how to apply English law to the Astana International Financial Centre's courts and arbitration center.

  • June 28, 2017

    The 10 Funniest Moments Of The Supreme Court Term

    Neal Katyal seemingly tried to educate Justice Samuel Alito about a well-known Latin phrase, Justice Sonia Sotomayor prayed aloud that she wouldn’t be assigned a mind-numbing opinion, and Justice Elena Kagan needled a lawyer who confused her with another justice. Here, Law360 wraps up the top moments of legal levity from the latest high court term.

  • June 28, 2017

    The Most Talkative Justice Of The High Court Term

    Since the death of Justice Antonin Scalia last year, a new U.S. Supreme Court justice has emerged as the most talkative at oral arguments — and the titleholder should come as no surprise to court watchers.

  • June 28, 2017

    The Cases That Got The Justices Talking

    The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.

  • June 28, 2017

    Miami’s Harper Meyer Adds Ex-Akerman Int’l Arbitration Pro

    A former Akerman LLP attorney who helped promote Miami as an international arbitration seat has joined the city's Harper Meyer Perez Hagen O’Connor Albert & Dribin LLP as senior counsel, the firm announced Tuesday.

  • June 27, 2017

    French Court May Seek ECJ Guidance On $50B Yukos Awards

    A French appeals court weighing whether to enforce $50 billion in annulled arbitral awards against Russia that were issued to former shareholders of Yukos Oil Co. said Tuesday that it is considering asking the European Court of Justice to interpret certain aspects of the Energy Charter Treaty, the instrument under which the claims were brought.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

  • June 27, 2017

    €128M Award Against Spain Over Energy Subsidies OK'd

    Two companies hailing from the U.K. and Luxembourg on Tuesday obtained a New York federal court's blessing of a more than €128 million arbitral award, which they won from a World Bank tribunal following a dispute with Spain over renewable energy subsidies.

  • June 27, 2017

    Texas Court Revives Arbitration Bid In Iron Ore Purchase Suit

    A Texas appeals court ruled Tuesday that a lower court had improperly infringed on an arbitration agreement by ruling that a contract dispute between a commodities trader and a metals company over the purchase of iron ore was outside the scope of the agreed-to arbitration clause.

  • June 27, 2017

    5 High Court Concurrences That Read Like Dissents

    “Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.

  • June 27, 2017

    The Sharpest Dissents From This Supreme Court Term

    While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.

  • June 27, 2017

    Four Seasons Says Licensee Can't Rehash Row In Arbitration

    Four Seasons on Monday reiterated its bid for a California federal court — rather than an arbitration panel — to interpret the scope of the Ninth Circuit’s order in a dispute over split loyalties with the owner of a Four Seasons-branded hotel, arguing the owner is trying to relitigate the case.

  • June 27, 2017

    MF Global Insurer Posts $15M To Continue Arbitration Bid

    Defunct brokerage MF Global's excess insurer Allied World told a New York bankruptcy court Monday that it had posted a $15 million bond, which a judge had required before the court could consider the insurer's request to arbitrate a coverage dispute in Bermuda.

  • June 27, 2017

    WTO Boss Taps Dentons Trade Vet For Deputy Post

    World Trade Organization Director-General Roberto Azevedo announced Tuesday that he has chosen a Dentons senior counsel and former U.S. trade official to serve as a top deputy in Geneva.

  • June 27, 2017

    Nigeria Knocks Ex-Enron Unit's Fee Bid In $21M Award Row

    A former Enron subsidiary has failed to justify its request for hundreds of thousands of dollars in legal fees for the solo practitioner who netted the company confirmation of a contract breach arbitral win against the Nigerian government now topping $21 million, the country told a D.C. federal court Monday.

  • June 26, 2017

    Tatneft Fights Stay Of $112M Enforcement Suit During Appeal

    Russian energy company PAO Tatneft asked a D.C. federal court on Monday not to pause its suit to enforce a $112 million arbitral award during an appeal in France, saying a stay would ensure the nearly decade-old dispute drags on for years to come.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

Expert Analysis

  • A Big Step For Hong Kong As An International Arbitration Hub

    Abdulali Jiwaji

    A newly adopted law allowing third-party funding of arbitration will bring Hong Kong into line with other common law jurisdictions, ensuring that it keeps pace with international rivals and strengthening the position of the Hong Kong International Arbitration Centre. This is a welcome development, says Abdulali Jiwaji of Signature Litigation LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • The Challenges Of Insurance Arbitration In Foreign Forums

    Luke Debevec

    Differences in law, practice and procedure between the U.S. and U.K. legal systems require policyholders and their captives to carefully consider the applicable law and forum for resolving disputes before entering into an insurance or reinsurance policy or contract containing an international arbitration agreement, say attorneys with Reed Smith LLP.

  • Understanding Product Liability Settlements Down Under

    Bettina Sorbello

    As in the U.S., a product liability lawsuit in Australia can be resolved through an out-of-court settlement agreement. But the mechanisms for settlement in Australian litigation differ from how cases are settled in the U.S. Knowing the settlement landscape and possible costs consequences is important for U.S.-based companies who operate or distribute in Australia, says Bettina Sorbello of DibbsBarker.