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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
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.
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.
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.
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.
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.
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.