International Arbitration

Expert Analysis

• The Foreign Sovereign Immunities Act: 'Bedlam' Redux

  

  After four decades attempting to apply the commercial-activity exception of the Foreign Sovereign Immunities Act — the most significant exception to sovereign immunity — no court has ever decided the meaning of the heart of the exception, and with it the FSIA, says Robert W. Ludwig, a founding member of Ludwig & Robinson PLLC.

• The Role Legal Finance Can Play In Firm Year-End Collections

  

  Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

• 'Per-Doc' Pricing Can Improve Document Review

  

  Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

• A Guide To The Executive Branch Official Nomination Process

  

  Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

• How Collaboration Is Changing Inside Some Law Firms

  

  In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

• Opinion

  Dealing With Difficult Lawyers

  

  Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

• Can Trump Withdraw From NAFTA Without Congress?

  

  The mention of a possible executive order on the North American Free Trade Agreement raises a complicated constitutional law question: Can President Donald Trump unilaterally, without congressional action or approval, withdraw from NAFTA? There is room for debate, says Gunjan Sharma of Skadden Arps Slate Meagher & Flom LLP.

• The Psychology Of Hourly Fee Arrangements

  

  The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

• PRC Court Refuses To Enforce Singapore Arbitration Award

  

  The ruling by the Shanghai No.1 Intermediate People's Court in Noble Resources International v. Shanghai Good Credit International Trade is potentially significant for claimants who are considering using expedited procedures under older versions of the Singapore International Arbitration Centre rules, says James Kwan of Hogan Lovells.

• Diamond In The Rough: Singapore High Court Lesotho Ruling

  

  In another ground-breaking case — Lesotho v. Swissbourgh Diamond Mines — the Singapore High Court has set aside an investor-state arbitral award on the basis that the tribunal exceeded its jurisdiction. This further demonstrates the willingness and competence of Singapore courts to deal with issues concerning public international law and investment arbitration, say members of Baker McKenzie Wong & Leow.