International Arbitration

June 17, 2024
Disney Cruise Says Ex-Worker Must Arbitrate In London

Disney Cruise Lines has told a Florida federal court that a Honduran ex-employee who was fired for twice testing positive for marijuana must arbitrate his wrongful termination claim in London.
June 17, 2024
Hurricane Coverage Fight Must Be Arbitrated, 5th Circ. Rules

The Fifth Circuit has ruled that a group of domestic insurers could force arbitration of a coverage dispute for hurricane damage under an international arbitration clause despite conflicting state law, overturning the underlying ruling based on a since-issued opinion.
June 17, 2024
Dutch Insurer Says Record Clear To Affirm $160M Arbitration

A Dutch insurer is pushing a North Carolina federal judge to confirm a €150 million (roughly $160 million) arbitration award against insurance mogul Greg Lindberg and his companies, citing a recent order in which the court acknowledged the award as binding.
June 17, 2024
Justices Reject Dispute Over $3.1B South Korean Military Deal

The U.S. Supreme Court declined Monday to consider the scope of commercial activities in a case brought by a brokerage firm fighting the loss of a $3.1 billion South Korean military satellite deal.
June 17, 2024
Spain Revives State Immunity Bid To Ax €120M Award

Spain urged an appeals court on Monday to set aside a €120 million ($128 million) arbitration award granted to two investors after it slashed its economic incentives for renewable energy, arguing that the country was immune from the jurisdiction of the English courts.
June 14, 2024
2nd Circ. Releases Citi From Order To Freeze Assets In Gabon

The Second Circuit vacated a protective injunction requiring Citibank to freeze more than $151 million at its Gabon branch amid a shareholder battle for control of a Cameroonian oil pipeline company, saying the New York district court exceeded its jurisdiction by ordering the freeze.
June 14, 2024
Russian Businessman's Fight To Enforce $92M Award Ends

A Russian businessman's decade-long fight to enforce a $92 million arbitral award — a dispute that spurred the U.S. Supreme Court to let him forge a new path to enforcing foreign arbitral awards — finally came to an end this week, as the parties inked a settlement on the eve of a racketeering trial.
June 14, 2024
'Cockamamie' Live Nation Arbitration Rules Perplex 9th Circ.

An attorney for Live Nation Entertainment Inc. argued to skeptical Ninth Circuit judges on Friday that a California district judge was wrong to remove ticket buyers' antitrust class claims from arbitration by finding the arbitration agreements unconscionable, with one judge calling the language in the agreements "drafting malpractice," "cockamamie" and "just nuts."
June 14, 2024
G7 Takes Aim At China Trade For Prolonging Ukraine War

The Group of Seven leaders' statement Friday promised additional measures on top of sanctions announced by the U.S. and partner countries this week should Beijing continue selling sensitive technology to Russia.
June 14, 2024
'Riverdance' Star Can't Step Around $30M Estate Arbitration

Dancer Michael Flatley must arbitrate his €30 million ($32 million) claim against Hiscox over allegations of defective work on his estate in County Cork, an Irish court ruled Friday, saying there is nothing unfair about enforcing the policy's arbitration clause.
June 14, 2024
Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer

In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.
June 13, 2024
Textualism Still Dominates Justices' Arbitration Decisions

The U.S. Supreme Court's approach to arbitration issues this past term has helped to exemplify a growing trend by the justices in favor of textualism and away from a less nuanced pro-arbitration mindset that had been favored in previous decades, experts say.
June 13, 2024
Judge Will Tap Arbitrator To Explain $87M Shipping Award

A New York federal judge will let an arbitrator who found that Levona Holdings Ltd. owed Eletson Holdings Inc. almost $87 million in damages clarify the order, saying it was sufficiently ambiguous to require elaboration and rejecting Levona's request that the arbitrator not be given that chance.
June 13, 2024
Mich. Co. Claims Mexico Owes $2.7B For Illegal Land Grab

A Michigan consumer products manufacturer has asked an international tribunal to order Mexico to pay it $2.7 billion, saying the country wrongfully seized 700 acres of the company's agricultural land in the Mexican state of Jalisco.
June 13, 2024
Oral Arguments Granted In $51M NOLA Airport Defect Row

A Louisiana federal judge will hear oral arguments next month over a counterclaim brought by the city of New Orleans concerning damages at a $1 billion terminal project for the Louis Armstrong New Orleans International Airport.
June 13, 2024
GOP Lawmakers Want China Patent Data Amid Tech Pact Talks

Republican lawmakers are urging the U.S. Commerce Department to provide a full accounting of whether the U.S. government has funded research that resulted in Chinese patents, arguing they need the data to assess potential national security risks as the Biden administration negotiates a new science and technology agreement with China.
June 13, 2024
Trans Swimmer's Quest To Overturn Ban Denied By Panel

American swimmer Lia Thomas, a transgender woman attempting to compete in the Summer Olympic Games in Paris next month, has lost in her bid to the international Court of Arbitration of Sport to overturn the ban on her eligibility by the world swimming governing body.
June 12, 2024
Uniper Claims €13B Win In Gazprom Gas Supply Fight

German energy company Uniper said Wednesday that it has been awarded more than €13 billion ($14 billion) by a Swedish arbitration tribunal after the Russian government-controlled natural gas giant Gazprom cut off gas deliveries in mid-2022.
June 12, 2024
Russia Says $208M Ukrainian Utility Award Can't Be Enforced

Russia has asked a D.C. federal court not to enforce a nearly $208 million arbitral award issued to a Ukrainian electric utility after the Kremlin seized its Crimean assets, saying the arbitration in the underlying dispute was invalid.
June 12, 2024
11th Circ. Could Revive Venezuela Chemical Co. Seizure Suit

An Eleventh Circuit panel appeared open to reviving a lawsuit accusing Venezuela of unlawfully seizing a chemical company amid allegedly trumped-up criminal drug charges, as the judges spent much of a hearing on Wednesday questioning why a critical witness was barred from testifying.
June 19, 2024
Top Indian Advocate Becomes 3VB Full-Time Tenant

An eminent advocate who once held the second-highest legal post in India became a full tenant at 3 Verulam Buildings, after he had spent more than a decade as an associate member.
June 11, 2024
St. Kitts Electric Co. Claims Win In $2.7M ICC Arbitration

St. Kitts Electricity Company Ltd. has announced its successful defense of an approximately $2.7 million international arbitration brought against it by Pure Energy Solutions Ltd., saying an arbitrator decided it didn't breach the two companies' fuel supply agreement.
June 11, 2024
Judge Won't Certify Class In Trafficked Cuban Property Suit

A Florida federal judge said Tuesday he would not certify a class of U.S. nationals with claims to hotel properties seized by the communist Cuban government in their suit against Expedia Group Inc., saying there were too many individual issues in the suit that predominate over the common issues.
June 11, 2024
Brazilian Energy Co. Gets $73M ICC Award OK'd

A Manhattan federal court has confirmed a $73 million arbitration award granted to a Brazilian renewable energy company that claimed a Chinese solar cell manufacturer had refused to deliver an order of photovoltaic cells the two companies had agreed upon.
June 11, 2024
Widow Who Signed Docs 'Without Reading' Still Owes $64M

A London appellate court has ruled that a former Hong Kong resident can't escape a personal guarantee to pay 500 million Hong Kong dollars ($64 million) to cover bonds issued by her husband's company, in part because she entered the contract for business purposes.

Expert Analysis

4 International Arbitration Trends To Monitor In 2024

Global growth slowed substantially in 2023, and may continue into 2024 due to geopolitical instability, which could fuel four key trends in international arbitration in the coming year, including investor-state and commercial arbitration, an increase in arbitration out of China, and more, say Gregory Litt and Sharmistha Chakrabarti at Skadden.
5 Litigation Funding Trends To Note In 2024

Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
Arbitration Remains Attractive For Digital Disputes In 2024

Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.
4 Legal Ethics Considerations For The New Year

As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Key 2024 Arbitration Trends In A Changing World

As key sectors such as ESG and the global mining and commodities market will continue to generate more arbitration in 2024, procedural developments in arbitral law will both guide future arbitration proceedings and provide helpful lessons on confidentiality, disclosure and professional duty, say Louise Woods and Elena Guillet at V&E.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
Cos. Must Monitor Sanctions Regime As Law Remains Unclear

While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.
How Clients May Use AI To Monitor Attorneys

Excerpt from Practical Guidance

Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.