International Arbitration

Expert Analysis

• Opinion

  Courts Are Getting It Right On Litigation Funding Discovery

  

  Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

• International Law In 2018: Key Developments

  

  2018 was full of important developments in international law, including a new North American trade treaty, significant litigation at the International Court of Justice, and rulings by various bodies related to environmental, human rights and criminal law, say Viren Mascarenhas and Douglass Cassel of King & Spalding LLP.

• Rethinking Who Decides Gateway Arbitrability Issues

  

  Although federal courts have opined that incorporation of institutional arbitral procedural rules that authorize the arbitral tribunal to determine its own jurisdiction constitutes “clear and unmistakable” evidence that the parties intended to have the tribunal alone determine arbitrability issues, one commentator begs to differ, says Gilbert Samberg at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

• Diversity's Next Step: Developing Minority Partners

  

  The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

• Arbitrators And Mediators Should Reflect Society's Diversity

  

  Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

• Why AFAs Are Key To The Future Of Legal Practice

  

  Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

• Series

  Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

  

  Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 2

  

  Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 1

  

  Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

• 'Wholly Groundless' Arbitration Exception Gets Grounded

  

  On Tuesday, the U.S. Supreme Court held that when a contract expressly delegates to the arbitral tribunal the question of “arbitrability,” courts may not resolve that question, even if the underlying arbitrability argument is allegedly “wholly groundless.” This is significant for parties drafting arbitration agreements, say attorneys with Paul Hastings LLP.