International Arbitration

  • January 13, 2017

    Yukos Arbitrator Poncet Leaves CMS For Solo Practice

    International arbitration veteran Charles Poncet, known for his role in issuing the contested $50 billion Yukos award against Russia, said Friday that he will leave the European megafirm CMS and start his own practice as an independent arbitrator.

  • January 13, 2017

    Russia Still Staying Away From Real Estate Arbitration

    Russia has continued to boycott an arbitration brought by real estate companies that accuse the country of seizing their properties when it annexed Crimea, even as Ukraine was given permission to have its say in the proceedings, the Permanent Court of Arbitration said Friday.

  • January 13, 2017

    Funders Fret Over Singapore’s 3rd-Party Disclosure Measures

    The Singapore International Arbitration Centre has unveiled new investment arbitration rules that allow tribunals to order parties to disclose their third-party funding arrangements, and some funders worry that the measure could have unintended consequences.

  • January 13, 2017

    Monster Energy Wins Arbitration Clause Fight After Default

    A California federal judge is holding in default a Monster Energy Co. business partner from French Guiana, finding that the company failed to respond to a lawsuit by Monster over the alleged breach of an arbitration clause in a distribution agreement.

  • January 13, 2017

    Delhi Judge Won’t Name Arbitrator In $2M Rail Contract Row

    An Indian court has declined to appoint an arbitrator in a dispute between a construction firm and a rail engineering consultant owned by India’s government over a $1.9 million contract for work in Sri Lanka, saying the international aspect of the dispute stripped it of the power to act.

  • January 13, 2017

    Indonesian Miner Has $950K Award OK'd Against Missouri Co.

    An Indonesian mining company that sued a vendor last year to enforce a $950,000 arbitral award got the award confirmed this week by a Missouri federal judge after more than a month passed without an appearance or response from the apparently dissolved vendor.

  • January 12, 2017

    Judge Still Mulling Del Monte Bid To Halt Pineapple Sales

    A Florida federal judge ordered Fresh Del Monte Produce Inc. and a Costa Rican juice company to provide more details about pineapple purchases that Del Monte asserts are illegal, saying Monday that he wouldn't contemplate halting the sales until he has precise dates and quantities relevant to the decision.

  • January 12, 2017

    Norton Rose Fulbright Atty Launches Solo Arbitration Practice

    A Norton Rose Fulbright attorney who has written widely on international arbitration and the lack of women on many arbitral tribunals said Thursday that she will leave her firm and start an independent arbitration practice.

  • January 12, 2017

    Airbus Settles Arbitral Row In $4.5M Fund Manager Dispute

    Global aerospace giant Airbus Group SE on Wednesday told a New York federal judge that it has reached a tentative settlement in its case to halt a $4.5 million arbitration claim brought against it by a former Andreessen Horowitz partner who led its Silicon Valley venture capital arm.

  • January 12, 2017

    BigLaw Attys Among Those Appointed As New QCs

    The 113 new Queen's Counsel appointments announced Thursday include international arbitration specialists from Herbert Smith Freehills LLP, Freshfields Bruckhaus Deringer LLP, Skadden Arps Slate Meagher & Flom LLP, Bird & Bird LLP, King & Spalding LLP and Quinn Emanuel Urquhart & Sullivan LLP.

  • January 12, 2017

    Indian Gov’t Hit With Claim Over Failed Bauxite Delivery

    An arm of the Ras Al Khaimah government in the United Arab Emirates has initiated an arbitration claim against India over a promised bauxite delivery to an aluminum refinery that was never received, according to a notice from the Indian government.

  • January 12, 2017

    Obama Sues China At The WTO, For Old Times' Sake

    The Obama administration on Thursday brought a new World Trade Organization case targeting Chinese aluminum subsidies just eight days before ceding power to President-elect Donald Trump, putting a bow on a vigorous trade enforcement regime that focused heavily on Beijing.

  • January 11, 2017

    Juice Co. Seeks To Strike Doc That Hints At Indemnity Deal

    A Costa Rican juice company trying to stave off an effort by Fresh Del Monte Produce Inc. to garnish debts it owes to a pineapple grower asked a Florida federal judge on Tuesday to strike a filing that includes references to an agreement that could make it harder for Del Monte to intercept the debt.

  • January 11, 2017

    ConocoPhillips Targets Venezuelan Oil Co. Over $1.5B Deal

    ConocoPhillips has again sued Latin American gasoline giant Petroleos de Venezuela in Delaware federal court, alleging the state-owned company extracted another $1.5 billion out of its assets in Citgo to make it even harder for companies with arbitral awards against Venezuela to get paid.

  • January 11, 2017

    Switzerland Floats Amendments To Int'l Arbitration Law

    Switzerland on Wednesday released a series of proposed amendments to its law governing international arbitration, which are aimed at enhancing the law's flexibility and maintaining the country's reputation as an attractive venue for dispute resolution.

  • January 11, 2017

    Czechia Says Several Courts Agree $328M Award Is Void

    The Czech Republic asked a D.C. federal judge on Tuesday to throw out a medical supplier’s latest effort to enforce a $328 million arbitral award against the country, saying recent decisions by a review panel and several European courts make clear that the award is invalid.

  • January 11, 2017

    KBR Says $1.4B LNG Dispute Must Be Arbitrated

    KBR Inc. argued in Texas federal court on Tuesday that an AU$1.9 billion ($1.4 billion) case filed against it by an Australian contractor stemming from a liquefied natural gas project should be resolved through arbitration, saying that the contractor can't avoid the terms of the underlying contract.

  • January 11, 2017

    Singapore Passes Bills To Boost Global Arbitration Role

    The Parliament of Singapore passed two bills on Tuesday in an attempt to solidify the city-state’s status as a center for dispute resolution, creating a framework for enforcing mediated settlements and for the first time allowing third-party funding in international commercial arbitration.

  • January 10, 2017

    2nd Circ. Waves Off Cayman-Related Case Until Other Ruling

    The appeal of a summary judgment in favor of a woman accused of stealing her former employer’s customer database was ordered held in abeyance by the Second Circuit Tuesday until a related appeal of a case that has roots in the Cayman Islands is decided.

  • January 10, 2017

    Belize Cases Leave Inconvenient Forum Defense In Play

    With the U.S. Supreme Court's decision Monday not to hear Belize's challenges to three arbitration awards, experts say nations whose U.S. assets could be used to satisfy arbitral awards can still try to boot enforcement actions to foreign courts — for now, anyway.

Expert Analysis

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Curbing The Power Of Pari Passu Clauses

    Sergio J. Galvis

    The New York courts’ interpretation of the pari passu clause in Argentine bonds to provide a basis for a powerful injunctive remedy was widely viewed as novel. But a new ruling out of the Southern District of New York will likely limit the precedential effect of the earlier rulings on sovereign debt restructurings for the large number of still-outstanding securities that contain pari passu clauses, say attorneys with Sullivan & Cromwell LLP.

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.

  • 6 Key Commercial Litigation Finance Trends For 2017

    Ralph J. Sutton

    With commercial litigation funding gaining acceptance throughout the U.S., law firms and corporations are investigating how they can benefit from the capital that funders provide, and which criteria they should use in selecting a funder. Ralph Sutton, chief investment officer of Bentham IMF, discusses several major trends to watch in 2017.

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017

    SimpsonRick-57794-7603.jpg

    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.

  • Mediating E-Discovery Disputes Can Save Time And Money

    Daniel Garrie

    A primary driver of increasing litigation costs is the explosion of electronic discovery in recent years. Electronic data is not only increasing dramatically in volume, it is also growing in complexity. One way parties can save time and money is to use a neutral, technically skilled mediator, to ensure that e-discovery is both robust and cost-effective, says Daniel Garrie of JAMS.

  • Appealing An Arbitrator's Application Of Law: England Vs. US

    Odean Volker

    The policy considerations reflected in the English Arbitration Act of 1996 and the U.S. Federal Arbitration Act demonstrate a shared view favoring arbitration. However, on the question of judicial review of an arbitrator’s conclusions of law, the two jurisdictions have significantly different approaches, say Odean Volker and Helen Conybeare Williams of Haynes and Boone LLP.