The Eleventh Circuit on Monday remanded to a Florida district court a fruit grower’s challenge to a $32 million arbitration award to Fresh Del Monte Produce Inc., because the district judge’s decision tossing the suit did not explicitly grant Del Monte’s request to confirm the award.
A Singapore High Court judge refused Monday to pause an arbitration initiated against Canadian retailer Loblaw Cos. Ltd. as it challenges the International Chamber of Commerce's authority to consider the arbitration, finding no overwhelming harm in allowing that process to move forward.
Venezuela’s state-owned oil company asked a Delaware federal judge Monday to toss ConocoPhillips Co.’s lawsuit attempting to secure billions of dollars of assets amid ongoing international arbitration proceedings, claiming immunity from the suit under the Foreign Sovereign Immunities Act.
An English High Court justice Monday denied Israeli defense contractor Rafael Advanced Defense Systems’ request to continue restraining a former partner from working on a Brazilian Air Force contract pending an arbitration decision, finding no evidence the partner company intends to break a nondisclosure agreement by using Rafael’s proprietary technology to complete the work.
A D.C. federal judge refused Saturday to upend a Canadian gold mining company's $1.4 billion arbitration award against Venezuela, concluding on a deferential review that the tribunal properly asserted jurisdiction and made no tossable payout methodology errors in the dispute over confiscated mining rights.
The Court of Arbitration for Sport on Monday cut the four-year suspension of a Macedonian soccer player in half, finding he didn't intentionally take the banned substance he had tested positive for.
A Belizean appeals court on Friday rejected Belize Bank Ltd.’s bid to collect a $37 million arbitration award against the country stemming from unpaid government debt, agreeing with a trial judge that granting the request would harm public policy given the unusual circumstances under which the guarantees were made.
Sanum Investments Ltd. continues to try and enforce a $200 million award issued by a Singapore tribunal against Laotian companies accused of pushing it out of a casino venture, with a New York state lawsuit Thursday arguing the win must be confirmed.
Citigroup has told a New York federal court it will drop its bid to recover attorneys' fees incurred during litigation to confirm a 2016 arbitration award, which rejected a claim brought by Abu Dhabi's massive sovereign wealth fund over money lost in a $7.5 billion investment deal soured by the financial crisis. Corrected: An earlier story misstated the legal fees at issue. That error has been corrected.
A Hong Kong company on Thursday asked a Texas federal judge to enforce its $1.5 million arbitration award against a buyer that denies its validity because while the sales contract for the shipment of a rubber-production chemical had an arbitration clause, emails changing the terms did not.
The Government of Ontario has enacted legislation to adopt a new international arbitration law, including explicit recognition of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
The Hague-based Permanent Court of Arbitration has seen steady growth in its caseload, administering 148 cases in 2016, up from 138 cases administered in 2015, as it continues an education and outreach program aimed at engaging the arbitral community.
Rubbermaid Commercial Products LLC has petitioned a New York federal court to confirm an International Centre for Dispute Resolution contract breach award won against a Chinese supplier accused of never furnishing paid-for cookware and never returning Rubbermaid molds and tools.
While a recent decision rejecting U.S. drugmaker Eli Lilly's CA$500 million ($375 million) claim against Canada over the invalidation of its patents demonstrates a properly functioning investor-state dispute settlement system, the tribunal nevertheless declined to provide greater clarity on substantive areas of international law.
A Pennsylvania federal judge on Thursday ordered shareholders of a bankrupt auto parts recycler to pay $16 million to a South African metals refiner, after a jury found the recycler should not have made certain distributions to the owners as the company approached insolvency.
A California federal judge on Wednesday denied a bid from a Four Seasons-branded hotel in Los Angeles to void an agreement to arbitrate a licensing dispute with Four Seasons Hotels Ltd., finding the unavailability of a judge named in the agreement isn't enough to invalidate it.
A California federal judge signed off Wednesday on more than $133,000 in attorneys' fees for an investor’s successful efforts to confirm an $84 million London arbitration award against a former Russian lawmaker who allegedly cheated him out of his share of a Moscow shopping mall.
A Delaware federal judge on Wednesday rejected a Chinese company’s attempt to compel arbitration in an investor’s suit over the company’s failed effort to go public, finding an arbitration provision of the investment agreement is too ambiguous to enforce.
A Trinidadian liquefied natural gas supplier told a New York federal judge Tuesday that it prevailed in arbitration with a Spanish customer fair and square, blasting the customer's assertions of an improper burden of proof imposed by the international tribunal and pushing for award confirmation.
A South African metals refiner shot back Tuesday at an auto salvage company owner’s effort to get out of a Pennsylvania federal court lawsuit over an unpaid $200 million arbitration award, saying the case allegations of breach of fiduciary duty were well supported by evidence already reviewed by the court.
What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.
Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.
Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.
Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.
What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)
The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.
Two recent decisions in the Northern District of California shed light on what standard applies when determining whether a respondent corporation "resides or is found" in the district in which an application for discovery is made pursuant to 28 U.S.C. § 1782, say attorneys with Allen & Overy LLP.
The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.
The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.
When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.