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International Arbitration

  • January 8, 2019

    Contracts Decide If Cases Go To Arbitration, Justices Rule

    The U.S. Supreme Court held on Tuesday that courts may not override a contract delegating to arbitrators the question of whether a claim must be arbitrated or litigated, even if the arbitration bid was "wholly groundless," unanimously vacating a Fifth Circuit decision.

  • January 7, 2019

    Russia Given Another Chance To Hand Over Doping Data

    The World Anti-Doping Agency said Monday it will try again to retrieve documents and test samples from a former Moscow doping laboratory after being blocked from the information last month, despite calls for a tougher stance on the conditions for Russia's reinstatement.

  • January 7, 2019

    Judge Sends $20M Maritime Contract Dispute To Arbitration

    A Texas federal judge on Monday sent to arbitration in London a $19.9 million breach of contract suit Psara Energy Ltd. filed against the purported successor corporation of Space Shipping Ltd., rejecting Psara's pleas to keep the case in court.

  • January 7, 2019

    What's Good For Miami Is Good For Arbitration: Concepción

    A main goal for the Miami International Arbitration Society this year is to expand the city's popularity as an arbitral venue, an ambition that could help both Miami and the field of international arbitration as a whole, according to the group's newly elected president, Carlos F. Concepción.

  • January 7, 2019

    Wind Energy Co. Says No Reason To Pause $70M Award Row

    Renewable energy company Soaring Wind Energy LLC and China-focused investor Tang Energy Group Ltd. told a Texas federal judge Friday that another investor is trying to delay enforcement of an over $70 million arbitration award by asking to hold off on further discovery during its appeal of an order confirming the award.

  • January 7, 2019

    UK Finance Sector Shifts £800B In Assets To EU, Report Says

    Companies in Britain’s financial services sector have transferred assets worth almost £800 billion ($1 trillion) from the U.K. to rival cities in the European Union since the Brexit referendum, according to a report from the EY accounting firm published Monday.

  • January 4, 2019

    Deal Letting Investment Co. Abandon Talc Deposits Upheld

    The Tenth Circuit on Friday refused to nix a deal allowing the trustee of a defunct U.S. talc mine investor to abandon the estate's interest in certain talc deposits, an issue that had arisen in an ultimately unsuccessful underlying investor-state claim against the Slovak Republic.

  • January 4, 2019

    Marine Fuel Co. Looks To Confirm $1.2M Award To OW Unit

    A Marshall Islands-based fuel supplier urged a New York federal court Thursday to confirm an arbitration award that would allow the company to reduce to $1.2 million the amount it owes in a payment dispute with a unit of now-defunct Danish marine fuel supplier O.W. Bunker.

  • January 4, 2019

    Lloyd's Group Urges Arbitration Of $1M Storm Damage Row

    Underwriters from Lloyd's of London sought to remove to Texas federal court on Friday a $1 million suit initiated by the owner of an apartment complex alleging that a slew of insurers wrongfully denied a property damage claim filed after storms struck the building, arguing that the suit must be arbitrated.

  • January 4, 2019

    Carnival Wins Bid For Arbitration In Travel Insurance Row

    A group of consumers who allege Carnival Corp. conceals kickbacks it reaps in the costs of travel insurance passengers purchase through the cruise line must submit their claims to arbitration, a Florida federal judge ruled in an order issued Friday, nixing their proposed class action.

  • January 4, 2019

    Ukrainian Co. Appeals OK Of Carpatsky's $147M Award

    A Ukrainian company on Thursday appealed to the Fifth Circuit, seeking to overturn a December ruling that finalized the confirmation of a $147 million arbitration award issued in favor of U.S.-based Carpatsky Petroleum Corp. in a dispute over a soured oil and gas development deal.

  • January 3, 2019

    GE Unit To Seek High Court Ruling In $45M Faulty Motor Row

    A French unit of General Electric Co. will be asking the U.S. Supreme Court to weigh in on an Eleventh Circuit decision finding that an Alabama steel plant owner doesn't have to arbitrate the companies' multimillion-dollar dispute over allegedly faulty motors, according to documents filed in an Alabama federal court on Wednesday.

  • January 3, 2019

    Wind Farm Exec Can't Ditch Suit Over Secret Recording

    A California appeals court on Thursday rejected a bid by a wind farm executive to toss a suit against him for allegedly secretly recording a business associate, deciding that the action was not part of a protected judicial activity that might block the claims.

  • January 3, 2019

    GE Units Say Arbitrator Must Weigh In On $500M LNG Dispute

    Two GE units continued to urge a New York federal court to toss a Luxembourg company’s bid to compel arbitration of $500 million in claims related to alleged breaches of contracts to sell and service liquefied natural gas plants, saying Wednesday that an arbitrator must first determine if the claims are arbitrable.

  • January 3, 2019

    Litigation Funder Sues NY Firm Over 'Unwinnable' Resort Row

    Litigation funder White Lilly LLC has sued New York law firm Balestriere Fariello and its managing partner, accusing them of misappropriating $1.4 million in disputed settlement funds and fraudulently inducing it to fund "unwinnable" litigation and arbitration proceedings involving a Mexican resort project.

  • January 3, 2019

    Amazon Unit's Award Confirmed In UK Author Royalties Row

    A Washington federal court has confirmed an Amazon unit's arbitration award that prohibits a British man and his book publishing companies from artificially inflating author royalties under the Kindle self-publishing program.

  • January 2, 2019

    Uber Driver's $294M Wage Suit Cleared To Proceed In Canada

    A services agreement requiring Uber drivers in Ontario to arbitrate disputes with the ride-hailing company in the Netherlands is unenforceable, a Canadian appeals court ruled Wednesday, paving the way for a CA$400 million ($294 million) proposed class action accusing Uber of violating Ontario labor law to proceed.

  • January 2, 2019

    Spain Seeks To Dodge Investors' Bid To Confirm €112M Award

    Spain urged a D.C. federal court to toss a petition from units of private equity firm Antin Infrastructure Partners to confirm a €112 million ($130.7 million) arbitral award won in a dispute over the country’s revocation of economic incentives for renewable energy producers, arguing the award should be invalidated.

  • January 2, 2019

    Loblaw Must Pay $3.2M Award Over Soured Deal, Court Told

    A South Korean corporation and its parent company are asking a New York federal court to confirm a more than $3.17 million arbitration award stemming from claims that Canadian retailer Loblaw and a subsidiary flouted an agreement to expand their Joe Fresh fashion brand to Asia.

  • January 2, 2019

    CAS Launches Permanent Body To Hear Anti-Doping Appeals

    The Court of Arbitration for Sport is launching a permanent division to hear "procedures relating to anti-doping matters," its governing body said, as the arbitration court takes more of a role in anti-doping amid global scandals.

Expert Analysis

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • How Palestine's US Embassy Case Could Affect Int'l Law

    Viren Mascarenhas

    Recently, Palestine instituted proceedings at the International Court of Justice in response to the U.S. moving its embassy in Israel from Tel Aviv to Jerusalem. The court's response — including its decision on whether to accept the case — will have significant consequences for international law, say Viren Mascarenhas and Claire O’Connell at King & Spalding LLP.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • Is Your Asymmetric Arbitration Clause Valid?

    Bruce Paulsen

    Attorneys drafting asymmetric arbitration and jurisdiction provisions, particularly for consumer and employment contracts, must ensure that these provisions are valid in the jurisdictions where all parties are located, not only in the jurisdiction chosen by the contract, say Bruce Paulsen and Jeffrey Dine of Seward & Kissel LLP.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.