International Arbitration

  • June 23, 2017

    Caribbean Bottler Gets $1M Award OK'd In Florida Court

    A Florida federal judge Friday signed off on an agreement awarding a Trinidad and Tobago bottling company $1.08 million, after an international arbitrator found that its Panama business partner and bulk perfume purchaser failed to repay its $2 million investment.

  • June 23, 2017

    Tribunal Declines Jurisdiction In €100M Cameroon Bank Row

    A World Bank tribunal on Thursday declined jurisdiction over a €100 million claim lodged by Capital Financial Holdings Luxembourg SA over the alleged unlawful expropriation of its investment in Commercial Bank Cameroon and, finding that claim to be an abuse of right, ordered the company to bear the full costs of the arbitration.

  • June 23, 2017

    Consulting Co. Seeks Attys' Fees After $3.2M Award OK'd

    After a $3.2 million arbitral award was confirmed in its favor in a dispute with a dolphin park operator, a financial consulting company asked a California federal judge to award it more than $50,000 in attorneys' fees, saying it is entitled to them based on a contract between the parties. 

  • June 23, 2017

    Venezuela Can't Stay $1.4B Award Without Bond, Court Told

    Canadian mining company Crystallex on Thursday slammed Venezuela’s bid to pause enforcement of Crystallex’s $1.4 billion arbitral award without having to post a bond, arguing that the country hasn’t shown it will pay the judgment if its appeal is unsuccessful. 

  • June 23, 2017

    Baker Botts Given Chance To Respond In $50B Yukos Row

    A D.C. federal judge Friday denied a bid by former Yukos Oil Co. shareholders looking to revive $50 billion arbitral awards to issue subpoenas to a Baker Botts partner without giving him a chance to fight them first, though a similar application in California relating to an Armenian attorney passed muster Thursday.

  • June 23, 2017

    Polsinelli Nabs Litigation, Arbitration Ace From Hogan Lovells

    Polsinelli PC hired a commercial litigator with nearly three decades of experience in domestic and international consumer class action and arbitration experience from the ranks of Hogan Lovells to join its New York office, the firm has announced.

  • June 23, 2017

    Heckler & Koch Can't Arbitrate Army Weapons Suit, Court Told

    Aerospace and defense company Orbital ATK Inc. on Thursday slammed a German small arms manufacturer’s bid to arbitrate a $27 million suit over the manufacturer’s alleged failure to deliver weapons under a U.S. Army subcontract, arguing the German company is citing an arbitration clause from a separate agreement.

  • June 22, 2017

    Insurer Decries 'Shenanigans' In Lloyd's Arbitration Bid

    A U.S. insurer asked a Massachusetts federal judge on Wednesday not to force it to accept an umpire proposed by certain underwriters at Lloyd's, London, in arbitration aimed at resolving a dispute over the allocation of an underlying pollution claim, decrying "shenanigans" in the appointment process.

  • June 22, 2017

    No Domino Effect Yet After Ecuador Treaty Denunciation

    Ecuador recently joined a handful of nations throughout the world that have terminated their bilateral investment treaties in response to rallying cries against investor-state arbitration, but experts say there's no indication yet that trend will spread throughout the region.

  • June 22, 2017

    Brazilian Reinsurer Must Cough Up $5M, Insurer Says

    The National Indemnity Co. doubled down on its bid for $5 million from a Brazilian reinsurer so it can pay a settlement it reached with a steel maker in a related dispute, telling a New York federal court Wednesday the reinsurer is obligated to pay it under an arbitration award.

  • June 22, 2017

    Canada's High Court Won't Weigh In On Bid to Enforce Award

    The Supreme Court of Canada has tossed efforts from a pair of companies to enforce an arbitration award against Kyrgyzstan by seizing gold company stock that the country indirectly controls, leaving intact an Ontario Court of Appeal decision finding that the case lacked “a solid conceptual underpinning.”

  • June 22, 2017

    Insurer Ordered To Pay MF Global Almost $1M In Attys' Fees

    A New York bankruptcy judge found Thursday that former MF Global excess insurer Allied World Assurance Co. Ltd. owes the defunct company $926,000 in attorneys' fees over Allied’s failure to get court permission before filing an action to arbitrate a contract dispute in Bermuda.

  • June 22, 2017

    Estonia's High Court To Hear Water Utility's Tariff Row

    The Supreme Court of Estonia has decided to take up a privatized water utility’s tariff dispute with the country’s competition authority while parallel  €90 million ($100.4 million) arbitration plays out before a World Bank tribunal, the utility announced Wednesday.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Malaysian Co. Counsel Loses Fee Bid After Post-Award Deal

    Although a secret settlement between a Malaysian recycling company and a scrap metal dealer cheated the Malaysian company’s counsel out of its fees tied to an arbitration award, a Texas federal judge found Tuesday that he lacked jurisdiction to rule on the counsel’s claims for payment.

  • June 21, 2017

    Dominican Republic Slams Pair's $41M Permit Claim As Show

    The Dominican Republic has fought back against an American couple's $41.5 million claim for allegedly obstructing the expansion of a gated community in favor of politically connected competitors, urging an international tribunal not to be swayed by a statement of claim that "reads like a script from a Broadway show."

  • June 21, 2017

    Cerner Looks To Keep Man From 'Spiriting Away' Award Funds

    A Cerner Corp. affiliate asked an Oregon federal judge Tuesday to pause an order tossing a United Arab Emirates citizen from its suit seeking to enforce a $63 million award, saying he could otherwise move his funds out of the U.S. while an appeal is pending.

  • June 21, 2017

    US Trade Rep. Calls For Reforms To WTO Dispute Settlement

    U.S. Trade Representative Robert Lighthizer told the Senate Finance Committee on Wednesday that the World Trade Organization’s dispute settlement system is overdue for reform, decrying the frequency with which U.S. policies are put in the crosshairs of other WTO members.

  • June 21, 2017

    Canadian Judge OKs $3.1M Award To Dominican Republic

    A Canadian judge has rejected a Spanish company's challenge to a $3.1 million arbitration award issued to the Dominican Republic and its civil aviation authority to resolve a dispute involving an air traffic control system at one of the country's airports, concluding that the underlying arbitration agreement was valid and not abusive.

  • June 21, 2017

    2nd Circ. Throws Out Iraqi Contractor's Misconduct Case

    The Second Circuit on Tuesday tossed an Iraqi contractor’s suit against the International Centre for Dispute Resolution and Kellogg Brown & Root Services Inc. over alleged misconduct in an underlying arbitration stemming from a U.S. State Department project, finding his appeal lacks an arguable basis.

Expert Analysis

  • 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.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • The Current State Of 'Class Arbitration' Law

    Gilbert Samberg

    Thus far the U.S. Supreme Court has addressed only a few issues concerning “class arbitration." Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC examines several elements of the current law, muddled as it is.