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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
“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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.